For the purpose of this ordinance, certain words and terms are defined as follows. Words used in the present tense include the future. Words in the singular include the plural, and the plural includes the singular.

Abattoir means a commercial slaughter house.

Access means a way or means of approach or admission.

Accessory dwelling unit means a separate living unit located on a single family residential lot. The accessory dwelling unit includes a kitchen, sleeping and bathroom facilities, located within the single family residence or within an accessory building on the property. Accessory dwelling unit is by definition subordinate in use, size, location and appearance to the primary unit. The accessory dwelling unit shall be in accordance with the following parameters: (Revised 7/23/13)

(1)

The accessory dwelling unit and the principal dwelling shall be in the same ownership. The owner must occupy at least one of the dwelling units as a permanent legal residence, except for temporary absences not to exceed six months. The owner occupancy shall be verified by a notarized affidavit from the owner. (Revised 7/23/13)

(2)

Reserved. (Revised 7/23/13)

(3)

The installation of accessory dwelling unit is permitted by-right in Agriculture, A-1, Conservation, C-1 and, Residential, R-1, Zoning Districts. (Revised 7/23/13)

(4)

The accessory dwelling unit must be a complete, separate housekeeping unit, independent in function from the principal dwelling. (Revised 7/23/13)

(5)

Reserved. (Revised 7/23/13)

(6)

Not more than one accessory dwelling unit may be established on the parcel. (Revised 7/23/13)

(7)

The accessory dwelling unit may be designed to be located within the single-family dwelling with a separate entrance or in a conforming accessory structure; however, it may not be located in a non-conforming accessory structure or structure made conforming as a result of a variance. (Revised 7/23/13)

(8)

The accessory dwelling unit shall be designed so that the appearance of the building in which it is located remains that of a single family detached dwelling or accessory structure. (Revised 7/23/13)

(9)

The accessory dwelling unit shall be no larger than 800 square feet, or smaller than 300 square feet. (Revised 7/23/13)

(10)

The accessory dwelling unit shall not have more than two bedrooms. (Revised 7/23/13)

(11)

Two additional off-street parking spaces shall be provided for the accessory dwelling unit. (Revised 7/23/13)

(12)

All health department, state and county code requirements shall be met. (Revised 7/23/13)

(13)

Reserved. (Revised 7/23/13)

(14)

Reserved. (Revised 7/23/13)

(15)

Mobile or manufactured homes shall not be used as an accessory dwelling unit. (Revised 7/23/13)

Accessory use or structure means a subordinate use or structure customarily incidental to and located upon the same lot occupied by the main use or building; garages or other accessory structures, such as carports, porches and stoops attached to the main building or detached but directly accessible from the main structure, shall be considered part of the main building. (Revised 1/11/05)

No structure originally constructed as a manufactured home for residential purposes may be used as a storage or workshop building or as an accessory use to an existing main use in the R-1, R-2, PUD, SR, B-1, B-2, B-3, and TFRD districts. No such structure in use for this purpose may be replaced by a similar structure at the same situs after April 8, 2025 in the R-1, R-2, PUD, SR, B-1, B-2, B-3, and TFRD districts. Parcels in the M-1 and M-2 zoning districts (no minimum area) are excluded from these restrictions. Parcels in the A-1 and C-1 zoning districts that are 5 acres or greater are excluded from these restrictions.

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

Administrator, the means the official charged with the enforcement of the zoning ordinance. He may be an appointed or elected official who is, by formal resolution, designated to the position by the governing body. He may serve with or without compensations deter-mined by the governing body.

Advanced manufacturing is the use of innovative technologies to create products. Advanced manufacturing can include production activities that depend on information, automation, computation, software, sensing, and networking.

Adult bookstore or adult video store means an establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that depict sexually explicit material or

(2)

Instruments, devices, or paraphernalia that are designed for use in connection with sexually explicit activities. A principal business purpose exists if materials offered for sale or rental depicting or describing sexually explicit material or activities account for 20 percent or more of inventory, or occupy 20 percent or more of total floor space. An adult bookstore or adult video store shall be a minimum of 1,000 feet from residence, church, school, day care facility, park, additional adult bookstore, additional adult video store, additional adult entertainment, or similar establishments. (Revised 3/25/08)

Adult care center means any facility: (a) operated and maintained to provide maintenance or care of three or less adults who are aged, infirm or disabled, and (b) which is not subject to the licensing requirements of Code of Virginia, §§ 63.1.172—63.1.194.

Adult day care center means any facility operated and maintained to provide supplementary care and protection during a part of the day only to four or more aged, infirm or disabled adults who reside elsewhere and which meets the licensing requirements of Code of Virginia, § 63.1-175, as amended.

Adult entertainment establishment means an establishment offering goods and services of an adult nature which include adult theaters, adult nightclubs, adult arcade and adult cabarets. An adult entertainment establishment shall be a minimum of 1,000 feet from residence, church, school, day care facility, park, additional adult bookstore, additional adult video store, additional adult entertainment, or similar establishments. (Revised 3/25/08)

Age restricted communities. In accordance with the age restricted portions of the "Federal Housing for Older Persons Act of 1995", occupancy of age restricted units within the age restricted community (herein "community") shall be in accordance with the following parameters:

(1)

Not less than 80 percent of the occupied residential units shall be occupied by at least one person 55 years of age or older.

(2)

Within any age restricted unit or lot, guests or children, 19 years of age or younger, are permitted for periods of time not to exceed 21 days total for each such guest in any calendar year.

(3)

If title to any age restricted lot or unit shall become vested in any person under the age of 55 by any reason of descent, distribution, foreclosure or operation of law, these age restrictions covenants shall not work a forfeiture or reversion of title, but rather, such person thus taking title shall not be permitted to reside in such lot or unit until he/she shall have attained the age of 55. Notwithstanding anything to the contrary as may be contained herein, a surviving spouse shall be allowed to continue to occupy a dwelling unit without regard to age; and

(4)

The above described use restrictions shall be deemed to be automatically amended from time to time in accordance with any changes adopted to applicable local, or state regulations, governing age restricted housing and the "Federal Fair Housing for Older Persons Act." (Revised 5/18/04)

Agricultural operation means any operation devoted to the bona fide production of crops, or animals, or fowl, including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silviculture activity. This term includes aquaculture and plant nurseries. (Revised 6/23/15)

Agricultural operation event means an event conducted at, and subordinate to, an agricultural operation is comprised of: (i) agritourism-related events such as tastings not conducted in the daily course of agritourism, farm sales, or the sale of agricultural products or food products; farm-to-table dinners; agricultural festivals; and auctions or livestock shows pertaining to livestock, animals, or other agricultural products not grown or raised at that agricultural operation; (ii) events that promote the sale of agricultural or silvicultural products; (iii) events that promote the sale of food products; (iv) events that are usual and customary at Virginia agricultural operations; and (v) fundraisers and charity events. (Revised 6/23/15)

Agricultural products means any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops. (Revised 6/23/15)

Agriculture means an agricultural operation, the keeping of livestock or poultry, or both, regardless of whether the keeping of livestock or poultry qualifies as an agricultural operation. The term includes accessory processing facilities for agricultural products grown or raised solely on the farm on which the agriculture is located, such as fruit packing plants and dairies. The term does not include any facilities permitted only by special use permit. (Revised 6/23/15)

Agritourism means any activity carried out at a farm winery, farm brewery, or an agricultural operation, that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions, regardless of whether or not the participant paid to participate in the activity. These rural activities also include, but are not limited to, farm tours, tours of an individual agricultural operation, hayrides, heirloom plant and animal exhibits, crop mazes, and educational programs, workshops, weddings and wedding receptions, or demonstrations related to agriculture or silviculture. (Revised 6/23/15)

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

Amusement center means any establishment business, or location in which there are more than three games/devices. (Revised 5/12/09)

Animal shelter means a facility used to house or contain stray, homeless, abandoned or unwanted animals and that is owned and operated, or maintained by a public body, established humane society, animal welfare society (such as the Society for the Prevention of Cruelty to Animals), or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

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

Arena means a large space used for various competitions and/or sports activities. (Revised 5/12/09)

Art galleries and museums, public means public institution devoted to the exhibition of art and historical objects of lasting interest or value. (Revised 5/12/09)

Art studio means business establishment for the study of art, sculpture or photography. (Revised 5/12/09)

Astrology, card reading, palm reading and fortune telling shops mean private establishment[s] for the provision of services related to palm reading, fortune telling, and card and astrological reading. (Revised 5/12/09)

Auction gallery means an establishment, excluding community centers and publicly owned property, used for the public sale of property (excluding livestock) to bidders.

Auditorium means a large room, hall, or building used for public gatherings. (Revised 5/12/09)

Automobile graveyard means any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind incapable of being operated, and which it would not be economically practical to make operative, are placed, located, or found.

Banks/financial institutions means establishments for the custody, loan, exchange or issue of money, for the extension of credit and for facilitating the transfer of funds.

Barber/beauty shop means business establishment for the cutting and dressing of hair, shaving and trimming of beards, tanning and manicures, and related services.

Basement means that portion of a building that is partly or completely below grade. (See definition for "story above grade plane.") (Revised 1/11/05)

Bioretention means a vegetated depression located on the site that is designed to collect, store and infiltrate runoff. Typically includes a mix of amended soils and vegetation. (Revised 11/27/07)

Boarding house means a building where, for compensation, lodging and meals are provided for at least five and up to 14 persons.

Building means a combination of any materials, whether portable or fixed, having a roof to form a structure for the use or occupancy by persons, or property. The word "building" shall be construed as though followed by the words "or part or parts thereof" unless the context clearly requires a different meaning.

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

Building, height of means the height shall be measured from the average elevation of the ground surface along the front of the buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot.

Building, main means 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.

Building material sales mean businesses that display and sell building materials such as lumber, masonry, landscaping, plumbing materials, etc., where some or all of these materials are stored outside and not within a fully enclosed structure.

Building permit means a permit which is issued by the building official and zoning administrator before a building or structure is started, improved, enlarged or altered as proof that such action is in compliance with the zoning ordinance. (Revised 1/11/05)

Bus, truck and taxi terminal means a facility where buses, taxis and/or trucks are stored and dispatched when not accessory to another use on the premises. The use may include maintenance and service of dispatched vehicles. (Revised 5/12/09)

Camp. (See "campgrounds.")

Campground means an area containing ten acres or more in area developed by the owner to accommodate paying guests for stays of short duration in tents, campers or motor homes designed for single families or travel trailers owned by the guests. Campgrounds must comply with regulations for sanitation imposed by the Thomas Jefferson Health Department; and a special use permit shall be obtained in every case. (Revised 1/11/05)

Canopy means a structure consisting only of a roof supported by columns or posts, erected over gasoline pump islands or similar fixtures, for the purpose of protecting such fixtures or their users from inclement weather. This definition does not include any building with walls, or any structure that would impede the vision of motorists or pedestrians, or any structure that blocks important scenic vistas or views. (Revised 1/11/05)

Car wash means a business that offers services for the washing, waxing, vacuuming, or other cleaning of vehicles. Car washes exclude body work such as painting, detailing, etc.

Carnival means a traveling or transportable show or exhibition consisting of performances by persons and animals under one tent or similar structure, with or without other side shows and amusement devices. (Revised 1/11/05)

Caterers (on and off site) means the service of preparing and delivering food for off-site consumption at special events, including corporate activities, banquets, parties, weddings, and similar functions, for a fee, with such service generally including the serving of food at such special function. For purposes of this definition, a caterer does not include catering services associated with a principal use having a retail component including an eating establishment, eating and drinking establishment, or retail bakery, confectionary, or similar food production. (Revised 5/12/09)

Cellar means a story having more than one-half of its height below grade and which is not designed for occupancy for dwelling purposes.

Cemetery means a privately or church owned and/or operated place for burial of the dead where lots are sold and perpetual care of the graves is furnished.

Channel means a natural/artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water which is flowing within the limits of the defined channel.

Child care center means any facility operated for the purpose of providing care, protection and guidance to a group of children separated from their parents or guardians during part of the day only, and meeting the licensing requirements for child care centers of Code of Virginia, § 63.1-196, as amended. For the purpose of this ordinance, the board of zoning appeals shall be provided the opportunity for annual review of the center operations. The special use permit to allow this activity shall be non-transferable.

Church means a structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held. (Revised 5/12/09)

Circus means a traveling or transportable show or exhibition consisting of performances by persons and animals under one tent or similar structure, with or without other side shows. (Revised 1/11/05)

Club means a building and grounds intended for social gatherings and community events. May be public or private. (Revised 5/12/09)

Cluster alternative development means development premised on unit density which allows unit credit based on the number of gross acres of the site to be developed but permits development including lots and streets on a given percentage of the overall gross site.

Coffee shop means an establishment up to 2,500 square feet in total area that primarily prepares, sells and serves coffee, tea and other beverages, and which may sell baked goods and light meals such as soups and sandwiches, but does not serve full meals, and which has a seating area which serves as an informal conversation or lounging place. (Revised 5/12/09)

Commission, the means the planning commission of Greene County, Virginia.

Common open space means an open tract or parcel of land owned in un-divided interest, not devoted to residential uses or structures but directly related and adjunct to a residential development as herein provided.

Condominium means ownership of single units in a multiple unit structure or complex having common elements. Ownership includes fee simple title to a residence and undivided ownership, in common with other purchasers, or the common element in structure and including the land and its appenditures. The meaning of all terms shall be controlled [by] Code of Virginia, § 55-79.41.

Conservation and preservation area means public or private areas established for the primary purpose of protecting or maintaining natural resources including native plants, wildlife, or natural scenic features.

Construction facilities, temporary means a temporary special permit may be granted with conditions as being compatible with the use and nature of the adjacent properties for temporary construction facilities for a period coinciding with such available, proper bonds for clean-up are provided, and adjacent properties are adequately protected.

Convenience store means a single store, the ground floor area of which exceeds 3,500 square feet and/or offers gasoline for sale.

Convents, monasteries, rectories and parish houses mean living quarters for individuals and groups of religious institutions that require privacy in following pursuit of their religious vows. (Revised 5/12/09)

Craft and artisan trade means a business where artisans create arts and crafts such as paintings, woodworking items such as furniture, pottery and the like as specialty items on an individual basis and display those items for sale to the general public.

Craft or cottage industry means the production and/or sale of crafts carried on by the occupant of a dwelling as a secondary use in connection with which there is no display and no one is employed other than members of the family residing on the premises.

Cul-de-sac means a street with an outlet at one end and a turn-around at the other. (Revised 1/11/05)

Dairy means a commercial establishment for the production, processing, and/or sale of dairy products.

Dance hall means a public establishment that, for an admission fee, provides its patrons with music and space for dancing and, sometimes, dancing partners and refreshments. (Revised 5/12/09)

Dangerous chemical means any and all substances used in or obtained from a chemical process or processes, whether liquid, solid, or gaseous, which could have a harmful effect upon the health of an individual exposed to such substance during a normal lifetime, provided however, that the phrase "dangerous chemical" shall not be so interpreted as to include any normal household waste.

Data center means a facility containing one or more large-scale computer systems used for data storage and processing for off-site users. Typical supporting equipment includes back-up batteries and power generators, cooling units, fire suppression systems, and enhanced security features.

Day care facility means either a facility which is (a) operated and maintained to provide supplementary care and protection during a part of the day only to four or more aged, infirm or disabled adults who reside elsewhere and which meets the licensing requirements of Code of Virginia, § 63.1-175, as amended (adult) or (b) any facility operated for the purpose of providing care, protection and guidance to a group of children separated from their parents or guardians during part of the day only, and meeting the licensing requirements for child care centers of Code of Virginia, § 63.1-196, as amended (child). Facilities that do not meet requirements of the Code of Virginia are prohibited.

Decommissioning of utility-scale solar generation facilities. The project shall be deconstructed and removed within 12 months after the project sites are permanently decommissioned. As used herein, "deconstructed and removed" shall mean:

(1)

The removal from the property's surface, any project facilities and appurtenances installed or constructed thereupon, including permanent foundations; however, during the course of deconstruction, structural members three feet or more in the ground that break off shall be abandoned in place.

(2)

The filling in and compacting of all trenches or other borings or excavations made in association with the project, (iii) the removal of all debris caused by the project from the surface of the property, (iv) performing and providing a phase II environmental site assessment report of the site to the county. The project owner or operator shall provide to the zoning administrator a report detailing compliance with all of the conditional use permit requirements required for decommissioning.

(3)

Prohibited is the disposal of solar panels in any of the county's landfill facilities.

(4)

County staff will review the provided decommissioning report for approval or denial. If denied, a list of corrective actions will be provided to the project owner or operator. At the completion of decommissioning the properties shall be ready for agricultural or forestal use, preserving and protecting the county's rural and agricultural character. Decommission means the removal and proper disposal of solar energy equipment, facilities, or devices related to a utility-scale solar energy facility. The term includes the reasonable restoration of the real property, including:

a.

Soil stabilization, and

b.

Revegetation of the ground cover of the real property disturbed by the removal of such equipment, facilities, or devices, and

c.

The preparation and submittal to the county of a phase II environmental site assessment report of the property.

(5)

A site development plan for a minor or utility-scale solar generation facility shall include a detailed decommissioning plan that provides procedures and requirements for removal of all parts of the solar energy generation facility and its various structures at the end of the useful life of the facility or if abandoned. The plan shall include the anticipated life of the facility, the estimated overall cost of decommissioning the facility in current dollars, the methodology for determining such estimate, and the manner in which the project will be decommissioned. The decommissioning plan and the estimated decommissioning cost will be updated upon the request of the zoning administrator or as provided in the agreement provided for in subsection (i), provided the update shall be no more frequently than once every five years and no less frequently than once every ten years.

a.

As a condition of the approval of a site development plan for a minor or utility-scale solar generation facility, the owner, lessee, or developer of the project (the "responsible party") shall enter into a written project development agreement with the county, setting forth, at a minimum, that:

1.

If the facility ceases generating electricity for more than 12 consecutive months, the responsible party will provide for its decommissioning;

2.

If the owner, lessee, or developer defaults in the obligation to decommission the facility, the county has the right to enter the real property without further need of consent of the owner to engage in decommissioning;

3.

The responsible party provides financial assurance of such performance to the county in the form of certified funds, cash escrow, bond, letter of credit, or parent guarantee as approved by the county attorney, and

4.

The amount of the financial assurance based upon an estimate by a professional engineer licensed in the commonwealth, engaged for and paid by the responsible party, who has experience in preparing decommissioning estimates, and approved by the county.

5.

The amount of the surety required shall be 100 percent of the estimated decommissioning costs. Any solar panels, steel, aluminum, copper, fenceposts, fencing, or other material removed from the facility as part of decommissioning shall be taken out of the county by the owner, lessee, or developer. None of the estimated salvage value of any of this material shall be used to offset the decommissioning costs.

6.

All references within the conditional use permitting and site development requirements, where the term "construction" is used, shall also mean "deconstruction" and "decommissioning," and vice versa.

Developer means an individual, corporation, proprietor, trust, trustee, joint venture, partnership, or other entity having legal title to any tract or parcel of land to be developed whether or not they have given their power of attorney to one of their group or to another individual or entity to act on their behalf in planning, negotiation or in representing or executing the requirements of the ordinances of Greene County.

Devoted to the bona fide production of crops, animals, or fowl means, as used in the definition of "agricultural operation," any lot on which the production of one or more agricultural products is a primary use ("agricultural production") and the agricultural production is engaged in good faith and not merely to enable the lot to be eligible to host events and activities at an agricultural operation. The zoning administrator determines whether the agricultural production is a primary use and engaged in good faith and may consider the following factors: (i) whether the lot is subject to use value assessment because it is real estate devoted agriculture, horticulture, or silviculture; (ii) the acreage in agricultural production; (iii) the proportion of the lot's acreage in agricultural production; (iv) the crops, animals, or fowl being produced; (v) the acreage of the lot and of the site; (vi) the owner's federal tax forms including Form 1040F (Farm Expense and Income), Form 4385 (Farm Rental Income and Expenses), Form 1040E (Cash Rent for Agricultural Land), Form 1040C (Business Profit and Loss), or Form 1120 (Corporate Partnership); (vii) receipts showing gross sales over the most recent three-year period or evidence of the value of agricultural products that would have been sold but for a natural disaster; (viii) the proportion of the owner's total income derived from agricultural production on the site; (ix) evidence of participation in a federal farm subsidy program; (x) evidence of operating under a conservation farm management plan prepared by a professional; (xi) the proportion of capital investment in the site devoted to the production of agricultural products, operating, and labor expenses; (xii) Greene County-level United States Department of Agriculture Census of Agriculture data; and (xiii) any other relevant factors. (Revised 6/23/15)

Disability glare refers to reduced visibility of a target due to the presence of a light source elsewhere in the field. (Revised 11/27/07)

District means a division of territory within Greene County for the purposes of regulation of its use under the provisions of this ordinance as provided for in Code of Virginia, § 15.2-2280.

Duplex means a two-family residential structure; the dwelling units may be arranged one above the other or be attached.

Dwelling means any structure which is designed for use for residential purposes, except hotels, boarding houses, motels, trailers, and travel trailers. (Revised 7/12/16)

Dwelling, multiple family means a building or portion thereof, used as a multiple dwelling for the purpose or providing three or more separate dwelling units with shared means of egress and other essential facilities.

Dwelling, single family attached means one of two or more dwelling units which are joined together by a common party wall, and/or connecting permanent structures such as breezeways, carports, garages or screening fences or walls, whether or not such a dwelling unit is located on adjoining individual lots or as a group on a single parcel of land. Each unit shall have its own outside entrance.

Dwelling, single family detached means a structure arranged or designed to contain one dwelling unit.

Dwelling, two family means a building arranged or designed to be occupied by two families, the structure having only two dwelling units.

Dwelling unit means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.

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

Easement, public access means an easement, or series of easements, which grant and guarantee the right of access of emergency and public service vehicles to any given area or right-of-way.

Emergency care facility means a facility that provides the delivery of ambulatory care in a facility dedicated to the delivery of medical care outside of a hospital emergency department, usually on an unscheduled, walk-in basis. Emergency care centers are primarily used to treat patients who have an injury or illness that requires immediate care but is not serious enough to warrant a visit to an emergency room. Often emergency care centers are not open on a continuous basis, unlike a hospital emergency room which would be open at all times. (Revised 5/12/09)

Employment agency means a place of business that considers job seekers for placement in a client company. (Revised 5/12/09)

Equipment rental and leasing means a facility that provides small and large equipment rental/leasing. The facility that stores the equipment shall be screened by a wall, fence or landscaping screen not less than six feet in height. (Revised 5/12/09)

Equipment sales and repair shops: large and small equipment sales/rental/repair shop means a facility that provides small and large equipment sales/rental/leasing/repair. The facility that stores the equipment shall be screened by a wall, fence or landscaping screen not less than eight feet in height. The sale or repair of vehicles as defined in this ordinance is excluded from this definition. (Revised 5/12/09)

Evergreen vegetation means vegetation that retains its leaves all year round. Evergreen vegetation shall measure 12 feet or taller at maturity. Evergreen vegetation shall be a minimum six feet tall at time of installation. (Revised 11/27/07)

Family means one or more persons occupying a premises and living in a single dwelling unit, as distinguished from an unrelated group occupying a boarding house, lodging house, or motel or hotel. (Revised 7/12/16)

Family day care home for adults means a residential home providing supplementary protection and care for no more than three aged, infirm, or disabled adults unrelated to the care-giver, who resides elsewhere for a part of the 24 hour day and which meets certification standards of the local department of social services/welfare.

Family day care home for children means any private family home in which more than five children are received for care, protection, and guidance during only part of the day, except children who are related by blood or marriage to the person who maintains the home, and meeting applicable licensing requirements for family day care homes of Code of Virginia, § 63.1-196. For the purpose of this ordinance, the board of zoning appeals shall be provided the opportunity for annual review of the home operations. The special use permit to allow this activity shall be non-transferable.

Family, immediate means a person's natural or legal offspring, spouse, parent or grandchild. (Revised 1/11/05)

Farm brewery means an establishment located on one or more lots in Greene County licensed as a limited brewery under Code of Virginia, § 4.1-208. (Revised 6/23/15)

Farm brewery event means an event conducted at a farm brewery on one or more days where the purpose is agritourism or to promote beer sales including, but not limited to, gatherings not otherwise expressly authorized as a use under Zoning Districts C-1 and A-1, including, but not limited to, beer festivals; receptions where beer is sold or served; beer club meetings and activities; beer tasting educational seminars; beer tasting luncheons, business meetings, and corporate luncheons with a focus on selling beer; gatherings with the purpose of promoting sales to the trade, such as restaurants, distributors, and local chamber of commerce activities; brew masters' dinners where beer is paired with food; agritourism promotions; and fundraisers and charity events. (Revised 6/23/15)

Farm building means a structure located on a parcel used primarily for bona fide agriculture purposes or any of the following uses or combinations thereof:

(1)

Storage, handling, production, display, sampling or sale of agricultural, horticultural, floricultural or silvicultural products produced on the parcel.

(2)

Sheltering, raising, handling, processing or sale of agricultural animals or agricultural animal products;

(3)

Business or office uses relating to the farm operations;

(4)

Use of farm machinery or equipment, or maintenance or storage of vehicles, machinery, or equipment;

(5)

Storage or use of supplies and materials used on the parcel; or

(6)

Implementation of best management practices associated with farm operations. (Revised 8/23/11) (Revised 6/23/15)

Farm sale means the sale of agricultural products, value-added products and accessory merchandise on a farm, either outdoors or within a temporary or permanent structure, where the vendor selling the products and merchandise is engaged in production agriculture on the farm on which the farm sales use is located. (Revised 6/23/15)

Farm stand means the sale of local agricultural products and value-added products, either outdoors or within a temporary or permanent structure, where the vendor selling the products is engaged in production agriculture in Greene County, but not on the lot on which the farm stand is located. (Revised 6/23/15)

Farm tour means an event organized by an agricultural operations or by a third party, to which the public is invited to visit agricultural operations, and which may include educational programs, workshops, or demonstrations related to agriculture or silviculture. (Revised 6/23/15)

Farm winery means an establishment located on one or more lots in Greene County licensed as a farm winery under Code of Virginia, § 4.1-207. (Revised 6/23/15)

Farm winery event means an event conducted at a farm winery on one or more days where the purpose is agritourism or to promote wine sales including, but not limited to, wine fairs; receptions where wine is sold or served; wine club meetings and activities; wine tasting educational seminars; wine tasting luncheons, business meetings, and corporate luncheons with a focus on selling wines; gatherings with the purpose of promoting sales to the trade, such as restaurants, distributors, and local chamber of commerce activities; winemakers' dinners where wine is paired with food; agritourism promotions; and fundraisers and charity events. (Revised 6/23/15)

Farmer's market means the sale of agricultural products, value-added products, and accessory merchandise either outdoors or within a temporary or permanent structure by two or more vendors in the Conservation (C-1) and Agricultural (A-1) District or by one or more vendors in any other zoning district where the use is allowed, where each vendor selling the products and merchandise is engaged in production agriculture, regardless of whether it is on or not on the lot on which the farmers' market is located. (Revised 6/23/15)

Farming means the science of agriculture applied as a business.

Fence means a non-loadbearing structure designed to impede the passage of persons, animals or wind, to obstruct vision or to support plants, customarily built of wood, metal or masonry; a wall.

Flea market means a market established at a permanent, fixed location, in an open area or within a structure where goods are offered for sale to the general public by independent vendors from open, semi-open, or temporary stalls, tables, or other spaces and where there are ordinarily no long term leases between sellers and operators. (Revised 5/12/09)

Flood means a temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.

Flood fringe means the portion of the floodplain beyond the limits of the limits of the floodway. Flood waters in this area are usually shallow and slow-moving.

Flood profile means a graph showing the relationship of water surface elevation of the 100-year flood event to location along a stream.

Flood proofing means any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structures, and contents of buildings.

Floodplain means the area adjacent to any body of water which is inundated by the discharge of the 100-year flood, which has an average frequency of occurrence of once every 100 years or a one percent probability of occurring in any year. The 100-year flood is sometimes referred to as the intermediate regional flood.

Floodplain delineation study means reports prepared by qualified engineers describing the floodplain using topographic plan with ground elevations, locations of surveyed cross sections, flood profiles and discharges of the 100-year flood.

Food bank, food pantry, or similar uses means a public or charitable institution that collects and/or distributes food or edible commodities to individuals in need. This can include food banks, food pantries, soup kitchens, hunger relief centers or other food or feeding centers similar in nature. (Revised 7/8/14)

Floodway means the portion of the floodplain that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water-surface elevation more than one foot at any point.

Footcandle means 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. (Revised 11/27/07)

Front buffer strip means a landscaped area used to physically separate or screen one use from another so as to visually shield or block noise, lights or nuisances. (Revised 11/27/07)

Frontage means the width of a lot from side line to side line measured along the front lot line abutting the street or access right-of-way, along the setback line as defined, and along every line parallel to and between the front lot line and the setback line. "Required frontage" shall be measured as described hereby except that in case of lots fronting on the turn-around area of a cul-de-sac where the front lot line is shorter than the width of the lot at the setback line, then the width of the setback line may be used as the measure of "required frontage."

Fuel distribution and storage means a facility that sells or distributes specialized fuels such as home heating oil, petroleum, diesel, kerosene to the public. For the purpose of this definition, the sale of automobile gasoline in conjunction with the operation of a convenience store is excluded from this term.

Fully shielded fixture means fixtures that are shielded in such a manner that light emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. This means that a fully shielded fixture is one used in such a way that it allows no direct or internally reflected light to shine above the light fixture. (Revised 11/27/07)

Funeral home means a building used for the preparation of a corpse for burial or the preparation of a corpse for cremation and may also be used for funeral services and cremation.

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

Garage, public means a building or portion thereof, other than a private garage designed or used for servicing, repairing, renting, equipping, selling, or storing motor vehicles.

Garden apartment means a structure, not to exceed three and one-half stories containing three or more dwelling units.

Garden center means a retail business that offers for sale horticultural products such as trees, shrubs, flowers, bushes, Christmas trees, etc., which may or may not be cultivated on site, as well as supplemental materials such as mulch, topsoil, yard ornaments and the like to the general public intended for individual homes.

Gas and oil facilities mean facilities associated with the extraction, transmission, gathering, refining, processing, storing and distribution of gas, oil or related liquids. Federal regulations or authorities may limit county powers.

General store means a single store that contains less than 3,500 square feet and which offers for sale general merchandise and may or may not include the sale of gasoline. (Revised 5/22/07)

Golf course means any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges as defined herein.

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

Governing body means the board of supervisors of Greene County, Virginia.

Ground disturbing exploratory activities means those activities designed to determine the presence of coal, sand, gravel, minerals, or ore, including, but not limited to, excavation, drilling, boring and core boring, provided, however, that exploratory activities shall not include the drilling or boring of wells for the purpose of obtaining water.

Ground-mounted solar facilities means solar power where photovoltaic (PV) panels are installed on the ground, typically using a frame or racking system to support them.

(1)

Ground-mounted facilities require zoning applications, building permits, and inspections. When meeting the requirements of this section as practically possible, such facilities are permittable as an accessory use in agricultural and residential zoning districts.

a.

An application for a ground-mounted small-scale solar generation facility considered an accessory use shall include the following information:

b.

Compliance with generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects, such as those developed for existing product certifications and standards including the National Sanitation Foundation/American National Standards Institute No. 457, International Electro technical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2.a.

c.

Site and elevation drawing. A drawing to scale illustrating the location of the principal building, accessory structures, and proposed ground location of solar panels, including elevations showing the height and orientation of ground-mounted components, setbacks/yards, and existing or planned vegetative buffering or screening.

d.

Setbacks. The ground-mounted components shall meet the accessory structure setbacks for the district.

e.

Heights. The height of ground-mounted collectors and mounts shall not exceed 12 feet when oriented to maximum tilt.

Groundcover means any of various low, dense-growing plants, used for covering the ground, as in places where it is difficult to grow grass. Groundcover may be used, but is not included in the planting density calculations. (Revised 11/27/07)

Group home or home for developmentally disabled persons means a group home or other residential facility licensed by the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services in which more than eight mentally ill, mentally retarded or developmentally disabled persons reside with one or more resident counselors or other staff persons. For purposes of this definition, the current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401 is neither a mental illness nor a developmental disability. A single-family dwelling having eight or less mentally ill, mentally retarded or developmentally disabled persons is a single-family residential use. The use identified in this ordinance as "home for developmentally disabled persons" is a group home. (Revised 1/11/05)

Gross acre means 43,560 square feet.

Hardship case means any adult or family who or which is physically, mentally, or financially unable to support himself or itself.

Health and fitness centers means an indoor facility which provides, equipment and/or programs for exercise, athletics, and/or fitness in both individual and class formats.

Health department means the legally designed representative of the Virginia State Department of Health, such, but not limited to, the county health director or county sanitarian.

Heavy equipment and heavy vehicle parking and storage yard means an area used for parking storing and/or maintaining heavy equipment and heavy vehicles used off-site in the trade, business or other commercial or industrial activity of the owner or occupant and which may include storing and maintaining heavy equipment and heavy vehicles within buildings or structures. (Revised 5/12/09)

Highway retail service center/truck stop means a single or multiple business center that offers gasoline and at least two of the following uses: a) restaurant whether drive-up or not, b) a convenience store, or c) any other use allowed in a B-1, B-2 or B-3 zone by right or special exception. Note: Any use under item C that requires a special use permit requires a special use permit under this definition.

Home business means any occupation, including without limiting the total generality of the foregoing any profession, business, trade, craft, industry, or service conducted in or from a dwelling or accessory structure for profit or compensation, provided that:

(1)

Not more than five persons not residing on the premises shall be regularly employed or engaged in such occupation;

(2)

There is no display or any other exterior indication of the home business;

(3)

There is no exterior variation from the residential character of the main building or accessory structure;

(4)

Accessory structures shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a residential area and shall be specifically compatible in design and scale with other development in the area in which located. Any accessory structure which does not conform to the setback and yard and height regulation shall not be used for any home occupation;

(5)

There is no advertising other than a non-illuminated identification sign of not more than two square feet in area;

(6)

No exterior lighting is used except that which is normally permitted and used in connection with a dwelling;

(7)

No mechanical equipment is used other than that which is normally used for residential household purposes or for office purposes; except that, a resident may use certain equipment peculiar and customary to the practice of such occupation so long as there is no exterior indication by noise, glare, odor or vibration of the operation of such equipment;

(8)

That traffic generated by such an occupation shall not create a safety hazard or cause congestion, and any need for parking generated by the conduct of such home business shall be met off the street;

(9)

In the case of electrical interference, no equipment or process shall be used which causes visible or audible interference in any radio or television receiver, computer or other electric or electronic appliance off the premises or causes fluctuation in line voltage off premises;

(10)

Further, nothing in this definition ordinance shall restrict the number of persons engaged, cooperatively or as partners or employees, in any area of Greene County where agriculture is permitted hereunder, in any basic rural occasional work including, without limitation be enumeration, hay-making or other harvesting of any kind whatever, woodcutting, cooperative or domestic butchering, canning, freezing, curing, preserving, storing, or engaged in the maintenance of wayside stands, where permitted hereunder, primarily for the sale of local produce or products, nor restrict the incidental dust, fumes, or smoke of cultivating, warming, scalding, rendering, cooking or any other basic agricultural process whatever.

Home occupation means an occupation for profit, performed or carried on in a dwelling used as the primary principal residence, by an occupant thereof, provided:

(1)

Not more than 35 percent of the total enclosed space shall be used for such purposes;

(2)

There is no exterior variation from the residential character of the dwelling; there is no display or any other exterior indication of the home occupation;

(3)

No more than one person is employed for this purpose by and in addition to members of the family who reside on the premises;

(4)

There is no advertising other than a non-illuminated identification sign of not more than two square feet in area;

(5)

No exterior lighting is used except that which is normally permitted and used in connection with a dwelling;

(6)

No mechanical equipment is used other than that which is normally used for residential household purposes or for office purposes; except that, a resident may use certain equipment peculiar and customary to the practice of such occupation so long as there is no exterior indication by noise, glare, odor, or vibration of the operation of such equipment;

(7)

Traffic generated by such occupation shall not create a safety hazard or cause congestion, and any need for parking generated by the conduct of such occupation shall be met off the street;

(8)

Tourist lodging, nursing homes, nursery schools, day care centers and private schools shall not be deemed home occupations.

Home professional office means a medical, dental, legal, engineering, or architectural office conducted within a dwelling by an occupant of the dwelling and employing not more than one person not residing on the premises.

Horticulture means the cultivation of plants for use or ornament usually within an enclosure of within limits smaller than agriculture, gardening and lawn maintenance.

Hospitals, general means an institution rendering medical, surgical, or other care which is licensed as a hospital by the Commonwealth of Virginia.

Hotel/motel means a building or buildings designed or occupied as the more or less temporary abiding place for individuals who are, for compensation, lodged with or without meals, and in which limited provision is made for cooking in individual rooms or suites.

Indoor recreational facilities means an indoor facility where recreational gatherings and activities are held, such as concert halls, sporting arenas, and other similar indoor recreational facilities.

Industrialized building unit means a building assembly or system of building sub-assemblies, including the necessary electrical, plumbing, heating, ventilating, and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building or as a part of a finished building comprised of two or more industrialized building units, off-site, as used in this definition, refers to an industrialized building unit produced at any place other than the location of the completed building where it is permanently positioned. (i.e. modular home) (Source: Virginia Industrialized Building and Mobile Home Safety Regulations—1984) Inoperable vehicles. As defined in [section] 16-18. (Revised 8/12/08)

Invasive plants are prohibited and are defined and identified by the Invasive Plants of the Eastern United States: Identification and Control, USDA Forest Service, The University of Georgia, USDA APHIS PPQ and USDA Forest Service, Forest Health Technology Enterprise Team. FHTET-2003-08 (Revised 11/27/07)

Junk yard means the use of any area of land lying within 100 feet of a State Highway or the use of more than 1,000 square feet of land area in any location for the storage, keeping, or abandonment of junk including scrap metals, or other scrap materials. The term "junk yard" shall include the term "automobile graveyard" as defined in Code of Virginia, ch. 304, Acts of 1938.

Kennel, small commercial means an establishment in which fewer than five canines, felines, or hybrids of either are kept for the purposes of breeding, training, renting, buying, or boarding for compensation. Home litters are excluded.

Kennel, large commercial means an establishment where five or more canines, felines, or hybrids of either are kept for the purposes of breeding, training, renting, buying or boarding for compensation. Home litters are excluded.

Large tree means a woody plant with one main trunk and a rather distinct and elevated head measuring 40 feet or taller at maturity. Large trees shall have a minimum caliper of two inches at time of installation. (Revised 11/27/07)

Laundry services, commercial means a service business that provides washing and cleaning services to the commercial, industrial or medical entities such as restaurants, hospitals, etc., which usually includes pick-up and/or delivery.

Laundry services, public means a service business that either provides facilities for the washing and/or cleaning of clothes to the general public or provides the service of washing clothes for the general public. Typical public laundry services include laundries, laundromats or dry cleaners.

Light industrial means uses that include fabrication, manufacturing, assembly or processing of materials that are in refined form and that do not in their transformation create smoke, gas, odor, dust, noise, a vibration of the earth, or soot to a degree that is offensive at the property line of the subject property. These type uses will occur within a building that resembles an office structure and meet the supplemental regulations associated with these uses.

Liquor store, also known as ABC store, means a single store that sells distilled spirits or sometimes sells distilled spirits and wine but may or may not sell beer. (Revised 5/12/09)

Livestock means domestic animals normally raised on a farm such as horses, cows, swine, goats, sheep, poultry, etc. This definition specifically excludes dogs and cats. (Revised 1/11/05)

Loan office means a business that provides money or other valuables or consideration to an individual, group or legal entity with the condition that it be returned or repaid at a later date normally with interest. (Revised 5/12/09)

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

Lot, corner means a lot abutting on two or more streets at their intersection. Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets. (Revised 10/28/08)

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

Lot, double frontage means an interior lot having frontage on two streets.

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

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

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

Lumen means a standard unit of measurement referring to the amount of light energy emitted by a light source, without regard to the effectiveness of its distribution. (Revised 11/27/07)

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

Manufactured home means a factory-built, single family structure that meets the Federal Manufactured Home construction and Safety Standards Act to be used only as a single family dwelling (42 U.S.C. Sec. 5401) (Source: Moskowitz, Harvey S. and Carl G. Lindbloom. 2004. The Latest Illustrated Book of Development Definitions. P. 237. (Revised 6/12/07)

Medical clinic means a medical facility providing either emergency or specialized treatment to the general public on an outpatient basis. Emergency care facility is included in this term. (Revised 12/12/06)

Mini-storage means a business which makes available storage space to the public either on a rental or permanent basis for compensation.

Mobile food unit means a readily movable wheeled vehicle or a towed vehicle designed and equipped for the preparation, service and/or sale of food. This definition includes motorized vehicles, large trailers, pushcarts, and stands. (Revised 10/14/14)

Mobile home means a residential dwelling that was fabricated in an off-site manufacturing facility designed to be a permanent residence for a single family only and built prior to the enactment of the Federal Manufactured Home Construction and Safety Standards. Source: Moskowitz, Harvey S. and Carl G. Lindbloom. 2004. The Latest Illustrated Book of Development Definitions. P. 248. (Revised 6/12/07)

No structure originally constructed as a manufactured home for residential purposes may be used as a storage or workshop building or as an accessory use to an existing main use in the R-1, R-2, PUD, SR, B-1, B-2, B-3, and TFRD districts. No such structure in use for this purpose may be replaced by a similar structure at the same situs after in the R-1, R-2, PUD, SR, B-1, B-2, B-3, and TFRD districts. Parcels in the M-1 and M-2 zoning districts (no minimum area) are excluded from these restrictions. Parcels in the A-1 and C-1 zoning districts that are 5 acres or greater are excluded from these restrictions.

Mobile or manufactured home park means lots and parcels of land designed for the temporary or permanent parking and occupancy of two or more travel trailers or recreational vehicles or mobile or manufactured homes used for human habitation.

Modular building sale means building technique using modular, or pre-constructed components to include accessory structure and homes. (Revised 5/12/09)

Motel. See "hotel/motel." (Revised 5/12/09)

Movie theatre means a place where motion pictures are shown to the public that may include retail stores and restaurants. (Revised 5/12/09)

Mulch production facility means the processing of wood wastes consisting of stumps, tree limbs, branches, bark, leaves and other clean and untreated wood wastes by grinding, shredding or chipping to produce mulch for distribution to the general public for landscaping and other horticultural uses. At least 75 percent of the mulch produced in a one year time period must be removed from the site within the one year time period. The machine (grinder) used shall not create noise in excess of 75 dBA (A-weighted sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network.) All noise measurements shall be made at the property line of the impacted site. Such machinery shall operate intermittently as approved by the Greene County board of supervisors; and the facility must be exempt from permit requirements under the Virginia Solid Waste Management Regulations, Department of Environmental Quality. (Revised 1/11/05)

Nail salon means a shop where nail technicians perform manicures, pedicures, coloring, extensions, and other nail or beauty services. (Revised 5/12/09)

Night club means an establishment dispensing liquor and meals and in which music, dancing, or entertainment is conducted. (Revised 5/12/09)

Non-conforming activity means the otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located.

Non-conforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this ordinance for the district in which it is located.

Non-conforming 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 a use that does not conform to the use regulations of this ordinance for the district in which it is located.

Nuclear waste means any and all radioactive material that could have harmful effect on the health of an individual expose to such radio-active material within a distance of ten feet during a normal lifetime.

[Nursery] means a retail business that offers for sale horticultural products such as trees, shrubs, flowers, bushes, Christmas trees, etc. and does not offer supplemental items such as fertilizer, yard ornaments, etc., to the general public.

Nursing home and/or group home means an institution where people are cared for; a home for the elderly. May consist of independent living, assisted living and/or memory care accommodations. (Revised 5/12/09)

Observation tower means a tower or deck constructed for non-commercial use entirely within an existing tree canopy, with the observation platform being no higher than the top of the surrounding canopy in which the tower is built.

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

Outdoor recreation [facility] means an outdoor facility where recreational activities are held such as concerts, sporting events, drive-in movies, (golf) driving ranges, racetracks, zoological parks, carnivals, fairs, festivals or other outdoor amusement activities. (Revised 5/12/09)

Parent tract means a lot, parcel, or tract of land legally established, subdivided, or created under county code requirements, of which there is a parcel of record in the clerk's office of the circuit court on May 8, 2001. (Revised 5/8/01)

Parking structure, open and non-accessory, for storage of private passenger autos only means a building or structure consisting of more than one level and used to store, motor vehicles. (Revised 5/12/09)

Patio house means a single family attached dwelling, usually L-shaped, with the common walls of the adjacent dwellings forming a patio, under single or multiple ownership, separated from one another by continuous vertical walls without openings from basement floor to roof, and having diversified architectural facades or treatment of materials on both front and rear of the building group, with not more than three of any six abutting patio houses having the same architectural facades and treatment of materials, and with not more than three abutting patio houses having the same front and rear setbacks; minimum setback offset shall not be less than two and one-half feet.

Performance bond means a bond of surety and/or cash deposit approved by the governing body equal to the full cost of improvements required by these regulations and providing for completion of said improvements within a definite term.

Pet grooming means a facility that provides the care for the appearance of a pet. (Revised 5/12/09)

Pet shop means a shop where pet animals can be purchased. (Revised 5/12/09)

Pharmacy means a retail store that primarily offers prescription and over-the-counter medications but which also offers typical household items for sale.

Photography studios/film developing means a store that primarily offers for sale the development of film and the taking of pictures for sale. (Revised 5/12/09)

Photometric plan means a point by point plan depicting the intensity and location of lighting on the property. (Revised 11/27/07)

Planning commission means the planning commission of Greene County, Virginia.

Plat means a schematic representation of a parcel or subdivision drawn by a certified land surveyor or a professional engineer to the standards of the Virginia Public Records Act. (Revised 1/11/05)

Plat, final means a plat showing new property lines and certain features and improvements pursuant to the preliminary plat, 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 individual lots. (Revised 1/11/05)

Plat, preliminary means a plat showing the existing boundaries and certain existing features of a parcel to be subdivided, together with the property lines of proposed lots and certain proposed features and improvements. Preliminary plat approval gives the subdivider the right to install the proposed features and improvements shown on the preliminary plat, but does not authorize recordation of the subdivision or the conveyance of any lot or part of the subdivision. (Revised 1/11/05)

Portable sanitation, sale/rental and storage means a facility that provides rental/leasing of portable sanitation units. The facility that stores the equipment shall be screened by a wall, fence or landscaping screen not less than six feet in height. (Revised 5/12/09)

Power generation plants mean an industrial facility for the generation of electric power.

[Principal] structure or use means a single-family dwelling, multi-family dwelling, industrial building, or commercial building that serves as the primary use of a parcel. (Adopted 10/30/01)

Production agriculture or production silviculture means the bona fide production or harvesting of agricultural or silvicultural products but shall not include the processing of agricultural or silvicultural products or the above ground application or storage of sewage sludge. (Revised 6/23/15)

Professional office means the office, studio, or room of a business rendering occupational services such as a physician, dentists, optometrist, medical clinics, physical therapist, massage therapist, attorney, real estate agent, insurance agent, consultant, travel agent, telemarketer, engineer, graphic designer or similar occupation that does not require the use of heavy equipment, outside storage, or sale of retail goods. (Revised 5/12/09)

Public facility shall be considered for the purpose of this ordinance to be any public works supplied generally by a governmental organization. Such public works shall include, but not be limited to, public roads, schools, parks, and police, rescue services, and fire protection facilities. (Revised 5/12/09)

Public office or other public building shall be considered for the purpose of this ordinance to be any building owned or leased by a governmental organization such as a country, city, town, state, or federal government.

Public utilities mean publicly or privately owned poles, lines, transformers, and related and/or similar facilities including water and sewer transmission lines, electrical power substations, or communication lines or exchange centers.

Public water and sewer distribution line means any line or pipe designed to provide water or sewerage service to private dwellings, businesses or the like which is installed upon land owned in fee simple by the person or corporation installing the same.

Public water or sewer transmission line means any line or pipe of any description installed for the purpose of providing public water or sewer to private dwelling houses, businesses or the like which is installed upon land not owned in fee simple by the person or corporation installing the same.

Quadplex means a four family residential structure; the dwelling units may be arrange[d] one above the other with no more than two units located at ground level. (Revised 5/18/04)

Quarrying or mining means the industry of extracting stone from an open excavation which shall be deemed to include both the extraction and processing of crushed stone for aggregate and related uses and the extraction of stone in blocks for building, monumental and related uses, but shall not be deemed to include sand and gravel operations.

Recording studio means place of business for the purpose of recording sound for commercial and/or private use on commercial property. (Revised 5/12/09)

Recreation area means any establishment operated privately, for members and guests only, or commercially, for the general public, in which facilities are provided for outdoor recreation including without limitation, camping, lodging, picnicking, boating, fishing, swimming, horseback riding, outdoor games and sports. A recreation area does not include miniature golf grounds, golf driving ranges or mechanical amusement devices and rides.

Recreational vehicle means a vehicular, portable structure built on a chassis, designed for use as a temporary dwelling for travel, recreational, or vacation; a travel trailer.

Recycling center means a lot or parcel of land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products. This definition excludes junkyards and prohibits all hazardous materials as defined by the Code of Virginia. Recycling centers in the A-1 Zoning District are limited to ten acres or less and larger operations belong in the industrial zones. (Revised 5/27/14)

Required open space means any space required in any front, side, or rear yard.

Research and development facility means an establishment or complex of structures located in a building whose dimensions are intended to foster physical, chemical and biological research and/or experimentation involving but not limited to controlled simulation of factors, development of prototypes, chemicals, commodities, pharmaceuticals, information technology, electronics and instrumentation for academic and industrial purposes. Light manufacturing may be included as an ancillary use depending on the impact of the activity on neighboring property and scale of the premises.

Residential accessory structure means a structure located upon a lot used for storage such as a shed, garage, carport, or other similar structures. The lot shall be located in the C-1, A-1 or any residential zoning district. Only one such structure is allowed on a parcel without a main or primary use. The structure shall meet main structure front setbacks for the district in which it is located and accessory structure side and rear setbacks for the district in which it is located. (Revised 8/18/05)

Restaurant means any building in which, for compensation, food or beverages are dispensed for consumption on or off premises, with or without take-out, drive-up, or drive-thru service. A tavern, pub, diner, or drive-up restaurant shall be considered as a restaurant. (Revised 6/26/12)

Retail shop means an establishment engaged in the sale or rental of goods, merchandise, or products directly to the consumer and including the incidental service of such merchandise. Retail sales establishments include warehouse clubs, grocery stores, florist shops, department stores, furniture stores, electronics stores, appliance stores, clothing stores, jewelry stores, pharmacies, photo finishing services and supplies, picture framing, bookstores, shoe stores, automobile parts and supplies stores, antique stores, stationery stores, and other similar retail establishments. (Revised 5/12/09)

Right-of-way, private means a travelway which is the principal means of access to abutting property and not dedicated to public use. (Revised 1/11/05)

Road, private means a travelway or road which is the principal means of access to abutting property and encompassed by a right-of-way not dedicated to public use.

Rooftop solar facilities means a solar photovoltaic (PV) system that is installed on the roof of a building, generating electricity from sunlight. These systems supply electricity directly to the building's electrical system, reducing or offsetting the property's reliance on traditional grid power.

(1)

Rooftop facilities do not require zoning applications but do require building permits and inspections.

Sanitary landfill means a place for the disposing of public refuse on land without creating nuisance or hazards to public health or safety by confining, compressing, and covering the refuse with earth.

Sawmill, permanent means a permanent sawmill located on public or private property for the processing of timber.

Sawmill, temporary means a portable sawmill located on private property for the processing of timber cut only from that property or the property immediately contiguous and adjacent thereto or incidental processing of timber transported from other property.

Screening means, for the purposes of this ordinance, any device or natural growth, or a combination thereof, which shall serve as a barrier to vision and noise between adjoining properties or between a property and the street, where-ever required by this ordinance. When used for screening purposes, "natural growth", unless otherwise specified, shall be taken to mean evergreen trees and bushes.

Screening yard means a space used to visually shield one abutting or nearby structure or use from another by using densely planted vegetation. (Revised 11/27/07)

Service contractor means a business that offers contractor's services such as the installation, maintenance and/or repair of HVAC, plumbing, electrical, landscaping, home appliances, etc. that may contain a showroom, indoor storage and/or limited outdoor storage area for materials and equipment. Services contractors generally are associated with home improvement.

Setback line means an imaginary line parallel to the front lot line at a distance specified for each district measured from the street or front lot line, beyond which a structure shall be permitted.

Shrub means low woody plants, with multiple shoots or stems from the base, measuring 15 feet or less at maturity. Shrubs shall be a minimum of three gallon pots at time of installation. (Revised 11/27/07)

Sign means any display of any letters, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof, by any means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to, or as part of a structure, surface, or any other thing, including but not limited to, the grounds, any rock, tree, or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is located.

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

Site plan means detailed drawings indicating all construction and land improvements, including landscape improvements, and related information as required by this Ordinance.

Sketch site development plan means a sketch of proposed development to be submitted in accordance with article 19 of this ordinance. (Revised 1/11/05)

Small trees mean a woody plant with one main trunk and a rather distinct and elevated head measuring 40 feet tall or less at maturity. Small trees shall have a minimum caliper of one and one-half inches at time of installation. (Revised 11/27/07)

Solar energy generation facilities means a solar energy conversion system producing a minimum of one MW or more electricity to a utility provider. A power generating plant that is sited on one-half acre or more in size generates electricity through ground-mounted solar facilities produces. Such facilities interconnect with an existing electrical grid serving other facilities not adjacent or under everyday use, ownership or control. This use is allowed by SUP as listed in specific districts and is subject to the following performance standards.

Performance requirements. Applications shall comply with the following criteria:

(1)

Project liaison. The operator shall designate at least one public liaison, publicize a toll-free phone number and email address for communication with the liaison during construction, and post it on a temporary sign at each access. The operator shall, at a minimum, publish this information on the operator's website and provide county staff with the same information for publication on the county's website and other social media. The liaison shall be a point of contact between citizens and construction crews. The liaison shall be available in person and by phone during active construction hours and shall respond to any questions related to the facility or property within 24 hours. The liaison role shall commence at the initial pre-construction meeting. The public liaison shall prepare a monthly report detailing any complaints, complaint dates, resolutions, and resolution dates of any inquiries. A copy of the report shall go to the zoning administrator on the first business day of each month throughout the construction period and an additional six months following issuance of the final occupancy permit or equivalent from the county for the facility.

(2)

Independent engineer. The applicant shall pay an independent engineer licensed by the commonwealth to check construction progress weekly and ensure construction is proceeding in accordance with the terms of the SUP. The engineer will resolve any construction problems by mutual agreement between the applicant, the engineer, and the county staff. The board of supervisors will decide any unresolved disputes. Construction activity may halt when it takes time to bring the issue to the board for resolution.

(3)

Construction bond. The applicant shall post a bond with the county sufficient to ensure compliance with the construction requirements of the SUP as determined by staff. The bond must be posted at the time the building permit is issued or the site plan is approved and shall be released upon completion of construction upon certification by the independent engineer or the zoning administrator that the construction has been built in compliance with the SUP.

(4)

Erosion and sediment control. Site clearing shall not exceed 100 acres for each phase of development. Sediment control features shall receive county approval phase-by-phase before beginning any land disturbance or construction activities. Applicants must obtain a written report from either an independent engineer or the zoning administrator, determining the stabilization of each construction phase. Once this determination is made, another phase of land disturbance activities can begin.

(5)

Visual impacts. The applicant shall demonstrate through project siting and proposed mitigation, if necessary, that the solar project minimizes impacts on view sheds, including from residential areas and areas of scenic, historical, cultural, archaeological, and recreational significance. The facility shall utilize only panels that employ anti-glare technology, anti-reflective coatings, and other available mitigation techniques, all of which meet or exceed industry standards, to reduce glint and glare. The applicant shall provide written certification from a qualified expert acceptable to the county that the facility's panels incorporate and utilize anti-glare technology and anti-reflective coatings, reduce glint and glare to levels that meet or exceed industry standards, and national standards. Projects shall comply with generally accepted national environmental protection and product safety standards for using solar panels and battery technologies for solar photovoltaic (electric energy) projects. Such existing product certifications and standards include the National Sanitation Foundation/American National Standards Institute No. 457, International Electro Technical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2. A site development plan shall reference the specific safety and environmental standards met.

(6)

Setbacks. The project area shall be set back at least 300 feet from all abutting public rights-of-way and main buildings on adjoining parcels, and from adjacent property lines. Exceptions to this distance are possible for adjoining parcels owned or leased by the applicant. Increased setbacks over 300 feet and additional buffering may be included in the conditions for a particular permit. Access, erosion, and stormwater structures, and interconnection to the electrical grid are allowable through setback areas if such are generally perpendicular to the property line or underground.

(7)

Security fencing. Such fencing shall enclose the project area at least six feet in height and be equipped with appropriate anticlimbing devices, such as strands of barbed wire on top of the fence. The fencing shall go on the interior of the required vegetative buffer to screen it from the ground-level view of adjacent property owners. Continual maintenance of the fencing shall occur while the facility is in operation.

(8)

Opaque vegetative buffers. Vegetative buffers sufficient to mitigate the visual impact of the facility are required as follows: The buffer shall consist of a landscaping strip at least 300 feet wide, shall be located within the setbacks required, and shall circle the entire perimeter of the property. In no case shall such buffers contain stormwater holding ponds.

a.

Within the buffer area, there shall be sufficient existing vegetation and trees to create an opaque visual barrier to screen the project area from view. If no such barrier exists, the applicant shall establish this landscaped strip consisting of four rows of staggered evergreens, ten feet apart and on 15-foot centers. Such trees shall be at least five feet tall at the time of planting and expected to grow to a minimum height of 20 feet within ten years.

(9)

The planning commission or board of supervisors may require increased setbacks and additional or vegetative buffering in situations where the height of structures or topography affects the visual impact of the facility. Planting of non-invasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, forbs and wildflowers shall occur in the vegetative buffer following Virginia Pollinator-Smart Program best practices.

(10)

On-going maintenance of existing trees and vegetation in the buffer is a requirement for the life of the facility. Removing dead or diseased trees is necessary to promote healthy growth or other trees that may impact operations as approved in advance by the zoning administrator. Trees removed from the buffer shall be replaced by planting a similar tree in the buffer at least five feet tall.

(11)

Following completion of construction, the pollinator-smart designated area of the project area shall receive prompt seeding with appropriate pollinator-friendly native plants, shrubs, trees, grasses, and wildflowers, and in such a manner as to reduce invasive weed growth and trap sediment within the project area. At the beginning of the next planting season, over-seed the project area, setbacks, and buffers with appropriate pollinator-friendly native plants, shrubs, trees, grasses, forbs, and wildflowers, following Virginia Pollinator-Smart Program best practices or any such other program as approved by county staff in consultation with the Department of Environmental Quality's native plant finder system. Once established, mowing of the pollinator habitats shall occur after the end of every migratory season to reseed these areas. The intent of this provision is to ensure at least ten percent of the total acreage of the facility is cultivated in such a manner to encourage pollinator habitats in order to help maintain the rural, agricultural nature of the county.

(12)

The planning commission may recommend waiving or altering the vegetative screening and/or buffer requirements when the applicant proposes to preserve existing wetlands or woodlands, as long as the wetlands or woodlands receive protection and it serves as a buffer.

(13)

Heights. Ground-mounted solar energy generation facilities shall not exceed a height of 12 feet, measured from the highest natural grade below each solar panel. This limit shall not apply to utility poles and the interconnection to the overhead electric utility grid that meet state corporation commission requirements.

(14)

Lighting. Lighting shall be limited to the minimum reasonably necessary for security purposes and shall minimize off-site effects. Lighting on the site shall be dark sky compliant.

Spillover light means lighting in excess of 0.2 footcandles greater than the existing light (i.e., moonlight) that transmits beyond the property boundary line. (Revised 11/27/07)

Story means that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and for the topmost story, from the top of the floor finish to the top of the ceiling joist, where there is not a ceiling to the top of the roof rafters. (Revised 1/11/05)

Story above grade plane means any story having its finished floor surface entirely above grade plane where the finished surface of the floor above the basement is:

(1)

More than six feet above grade plane;

(2)

More six feet above the finished ground level for more than 50 percent of the total building perimeter; or

(3)

More than 12 feet above the finished ground level at any point. (Revised 1/11/05)

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

Street (road) means a public thoroughfare.

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

Street, major collector is designed to serve as the major links between communities and villages where there are no arterials or state primaries. Major collectors should be designed similar to primary roads on right-of-way widths of 80 feet or more.

Structure means anything constructed or erected, excluding fences, paper tubes, and mailboxes, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

Substantial impact means an impact that may arise from an event or activity at a farm winery, farm brewery, or agricultural operation that has a significant adverse effect on: (i) an abutting lot or the neighborhood, including an impact on any owner, occupant, or agricultural or silvicultural activity; or (ii) any private or public road, natural resource, cultural resource, or historical resource. A substantial impact may result from a wide variety of factors including, but not limited to, the generation of traffic, noise, dust, artificial outdoor light, trash, stormwater runoff, and excessive soil compaction; the failure to provide adequate traffic controls and sanitation facilities; the cumulative effects of large numbers of events and activities occurring simultaneously, particularly when they are in close proximity to one another or require travel on the same public or private roads; and events and activities that are incompatible with existing production agriculture. (Revised 6/23/15)

Temporary buildings for construction purposes (not to exceed duration of construction) means mobile homes, trailers, or vans may be utilized as contractor's offices, watchman's shelters, or tool and equipment storage on the project site only during the period of construction. Such structures require a building permit prior to being placed on site. (Revised 5/12/09)

Temporary family health care structure means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). Placing the temporary family health care structure on a permanent foundation, as defined by Uniform Statewide Building Code, shall not be required or permitted. Reference: Code of Virginia, § 15.2-2292.1. (Revised 7/23/13)

Tourist information center means a facility, whether privately or publicly owned or operated, that provides information, brochures or other tourist services to the general public.

Tourist lodging means the provision of lodging within a single family dwelling and/or one or more structures that are accessory to the single family dwelling, with guest rooms (determined by right or by special use permit per [section] 16-25), in which guest rooms are occupied for less than 30 consecutive days, and which also may include rooms for dining and for meetings for use by tourist lodging guests, provided that the dining and meeting rooms are accessory to the tourist lodging use. The owners may or may not reside in the dwelling. The tourist lodging definition would include the limited residential lodging uses also referred to as bed and breakfast lodging, lodges, country inns, hostels, and lodging houses as long as the use was in compliance with the applicable regulations under [section] 16-25. (Revised 7/12/16)

Townhouse means one of a series of three to eight attached dwelling units under single or multiple ownership, separated from one or another by continuous vertical walls without openings from basement floor to roof, and having diversified architectural facades or treatment of materials on both front and rear of the building group, with not more than four of any eight abutting townhouses having the same architectural façade and treatment of materials, and with not more than four abutting townhouses having the same front and rear setback; minimum setback shall not be less than two and one-half feet. (Revised 5/18/04)

Travel trailer means a tent, tent trailer, camping trailer, pickup camper, motor home, and any other device or vehicular type structure for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel. (Revised 1/11/05)

Tree caliper means a metal or wooden device consisting of an arm and two prongs, one of which is free to slide along a graduated scale on the arm. The prongs are placed against opposite sides of a tree to read its diameter on the scale. The diameter is measured at the breast height (DBH). (Revised 11/27/07)

Triplex means a three family residential structure; the dwelling units may be arranged one above the other with no more than two units located at ground level. (Revised 5/18/04)

Usual and customary use, event or activity means a use, event, or activity at a farm winery, farm brewery, or agricultural operation that is both ordinary and commonly practiced or engaged in at farm wineries, farm breweries, or agricultural operations, as applicable, within the commonwealth, as determined by objective evidence. (Revised 6/23/15)

Use means any continuous or continual occupation of or activity, taking place upon a parcel of land including, but not limited to, the location of tents, portable huts, trailers, and the storage of car, machinery, or material, as well as of buildings or other structures.

Utility lot means a lot created to be used for public and/or private utilities. (Revised 8/11/09)

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

Vehicle means a motored device used for transportation whether recreational or not. Vehicles include automobiles, motorcycles, trucks, boats, and RVs.

Vehicle parts store means a store where vehicle parts are stored and/or sold with no outdoor display of any vehicles or parts.

Vehicle repair garage means a structure where vehicles are repaired or where maintenance is performed, including auto body and paint shops.

Vehicle sales, service and rental business means a business that sells or rents vehicles and/or which performs minor routine or preventive maintenance such as oil changes, tire rotation, and tune-ups, without any body or mechanical repair.

Veterinary clinic means a facility that provides the medical treatment and temporary boarding of domesticated animals where there is no public viewing of those animals.

Warehousing means the storage, wholesaling, and distribution of manufactured products, supplies and equipment, including distribution centers.

Water or sewer treatment facilities mean a centralized system used for the treatment and/or storage of water or sewage, owned and operated by a municipality or county, or owned and operated by a private individual or corporation.

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

Yard, corner side means a side yard which fronts a right-of-way. (Revised 10/28/08)

Yard, front means an open space on the same lot as a building or structure between the front lot or street line and the setback line as defined, and extending across the full width of the lot. (Revised 1/11/05)

Yard, rear means an open, unoccupied space on the same lot as a building between the rear line of the building (excluding steps) and the rear line of the lot and extending the full width of the lot. (Revised 1/11/05)

Yard, side means an open, unoccupied space on the same lot as a building between the side line of the building (excluding steps) and the side line of the lot, and extending from the front yard line to the rear yard line. (Revised 1/11/05)

(Ord. of 8-11-09; Ord. of 6-12-18; Ord. of 4-14-20; Ord. No. 20-04, 11-10-20; Ord. of 02-25-2025(1), 2-25-25; Ord. of 07-08-2025(1); Ord. of 07-22-2025(1); Ord. of 07-22-2025(2))