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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

For the purpose of this Ordinance, certain terms and words are hereby defined:

(See additional definitions, Article 7.)

Accessory Building/Structure. A building subordinate to the main building on a lot and used for purposes customarily incidental and subordinate to those of the main building and nonresidential in use. Accessory structures can be attached or detached, depending upon their use and construction.

Accessory Dwelling Unit. A subordinate dwelling unit in a main building for use as a complete, independent living facility with provision within the accessory dwelling for cooking, eating, sanitation, and sleeping.

Accessory Use. An accessory use is one which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this Ordinance) is located on the same lot as the principal use of the premises. When the term "accessory" is used in this Ordinance, it shall have the same meaning as "Accessory Use."

Administrator. The Zoning Administrator of the Town of Hamilton.

Alley. A public or private way less than thirty (30) feet in width and affording secondary means of access to abutting property and not intended for general traffic circulation.

Alteration. (See Structural Alteration).

Anticipated Development. That development which could occur given the existing zoning and regulations on property located within the flood plain/floodway.

Apartment. A part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed, and used as a residence by an individual or a single family.

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

Attic. The part of a building directly under a roof that divides a roof and a story.

Automobile, Salvage or Wrecking Yard. Any lot or place which is exposed to the weather upon which more than five inoperable motor vehicles of any kind, are placed.

Base Flood/One-hundred Year Flood. A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in any year).

Basement/Cellar. That portion of a building between the floor and ceiling having a height of 6 feet 8 inches or more, which is wholly or partly underground and has more than one half of its height below grade.

Bed and Breakfast. Overnight accommodations, generally for not more than seven days, in which a morning meal is provided in a single family detached residence that is owner or manger occupied; i.e., where five (5) or fewer rooms without cooking facilities are rented to transient guests. Commercial use or rental of the property for business meetings, seminars, receptions and similar events or activities shall not be permitted.

Berm. A continuous bank of earth designed and placed to block or partially obscure elements of a site (such as a parking area) or of a building (such as a loading dock). Berms typically range in height from two (2) to six (6) feet, with width-to-height ratios of from 2:1 to 5:1.

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

Board of Zoning Appeals. The Board appointed to review appeals made by individuals with regard to decisions of the zoning administrator or any other administrative officer in the interpretation of this Ordinance and to review application for variances and zoning map interpretations.

Boarding House. (See Rooming House.)

Breezeway. An open-sided or screened in roofed passageway for connecting two buildings, as a house and garage.

Broadcasting Station. A building/site used for the act of transmitting speech, music, images, etc. as by radio or television.

Buffer-yard. Land area used to separate one use from another to absorb runoff or shield from dust, noise, lights or other such effects and to provide space for screening, all in accord with the requirements of this Ordinance.

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

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

Building. Any structure permanently affixed to a lot or lots and having a roof supported by columns or walls, for the housing or enclosure of persons, animals, or property of any kind.

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

Building, Height of. Means the vertical distance measured from grade to the highest point of a roof. If a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip or gambrel roof. For buildings set back more than ten (10) feet from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building.

Building Front Setback Line. A line within a lot between which line and the street line of any abutting street no building or structure may be erected.

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

Bulk. A term used in this Ordinance to describe the size and shape of a building or structure and its relationship to other buildings, to the lot area for a building, and to open spaces and yards.

Business and Professional Office: A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.

Child Care Center: A facility operated for the purpose of providing care, protection, and guidance to a group of four (4) or more children separated from their parents or guardians during part of the day only, and meeting the licensing requirements for child care centers of Section 63.1-196 of the Code of Virginia, 1950, as amended.

Churches and other places of worship. A building or structure, or group of buildings or structures, which are primarily intended for the conducting of organized religious services and accessory uses associated therewith. The term "church" shall include buildings in which religious services of any denomination are held.

Clinic. An establishment where patients who are not lodged overnight are admitted for examination or treatment by physicians or dentists. This definition includes a group practice in which several licensed medical, dental or health care professionals work cooperatively.

Club, Private. Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.

Commercial Use. An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.

Commercial Vehicle. Any vehicle designed to transport heavy machinery equipment, dump trucks, tractor and trailer rigs, either as one unit or separately, vehicles having more than two axles on the road, and similar vehicles not ordinarily used for personal transportation.

Commission. The Planning Commission of the Town of Hamilton, Virginia.

Comprehensive Plan. Maps, charts, and descriptive matter officially adopted by the Hamilton Town Council showing, among other things, recommendations for the most appropriate use of land; for the most desirable density of population; for the general location and extent of facilities for water and sewer; and for the general location, character and extent of community facilities.

Condominium. Real property and any incidentals thereto or interests therein which have been or are to be lawfully established as such under the Virginia Condominium Act.

Convalescent, Nursing or Rest Home. Any institution however named, whether conducted for charity or for profit, which is advertised, announced or maintained for the express or implied purpose of caring for two or more non-related persons admitted thereto for the purpose of nursing or convalescent care. Nursing and convalescent care includes care given because of prolonged illness or defect or during the recovery from injury or disease, and includes any and all of the procedures commonly employed in waiting on the sick, such as administration of medicine, preparation of special diets, giving of bedside care, application of dressing and bandages, and the carrying out of treatments prescribed by a duly licensed practitioner of medicine.

Council. The Town Council of Hamilton, Virginia.

Country Inn. A single-family dwelling in which the principal use is permanent residential quarters; and in which, as an accessory use, accommodations for from six through ten guests in four through nine rooms are made available for transient occupancy for compensation, generally for not more than seven days.

Deck. An exterior, roofless, floor system supported on at least two or more opposing sides by an adjoining dwelling/structure and/or posts, piers or other independent supports.

Density, Residential. Unless otherwise specified, the number of dwelling units per gross acre of residential land area, with gross acres including all the land area, including streets, easements, and open-space portions of a developed site.

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

Development. Any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations.

District. Any section of the Town of Hamilton in which the zoning regulations are uniform and so designated on the Zoning District Map.

Dog Kennel, Commercial. A place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation, or any place where more than five adult dogs are kept.

Driveway or Accessway: That space specifically designated and reserved on the site for movement of vehicles from one location to another on site or from the site to a public street.

Dwelling. Means any building, or portion thereof, which is designed or used exclusively for residential purposes, but not including hotels, motels, timeshare units, travel trailers, recreational vehicles or similar accommodations.

1.

Single-family detached means a separate, detached building containing one dwelling unit.

2.

Duplex means a separate, detached building containing two dwelling units, which dwelling units may be on separate lots.

3.

Multifamily means a building containing three or more dwelling units, or one or more dwelling units when the primary use of the building is for a permitted nonresidential use.

4.

Townhouse attached means a single-family attached dwelling, containing one dwelling unit, in a row of not less than three (3) nor more than eight (8) such units. Each unit shall be separated from adjacent dwellings by solid party walls, and shall be located on a separate lot of record.

Dwelling, Manufactured Home. Manufactured homes are also commonly referred to as "mobile homes" and differ from Modular Homes as defined herein, in that they do not necessarily comply with BOCA or Virginia Uniform Statewide Building Code standards. Three types are defined herein as follows:

Manufactured Home, Type A: A multi-sectional manufactured home ("doublewide") constructed after July 1, 1976, that meets or exceeds the Manufactured Home Construction and Safety Standards, promulgated by the U.S. Department of Housing and Urban Development.

Manufactured Home, Type B: A traditional single manufactured home ("singlewide") constructed after July 1, 1976, that meets or exceeds the Manufactured Home Construction and Safety Standards, promulgated by the U.S. Department of Housing and Urban Development. 12-12

Manufactured Home, Type C: Any manufactured home constructed before July 1, 1976 and which consequently does not meet the criteria of a Type A or Type B manufactured home as defined herein.

Dwelling unit. Means one or more rooms arranged, designed or intended to be occupied as separate living quarters by a individual, group or family, and including permanent provisions for living, sleeping, eating, cooking and sanitation.

Easement. A grant of one (1) or more of the property rights by the owner to, or for the use by, the public, a corporation, or another person or entity.

Eminent Domain. The power of the town to take private property for public use with payment of compensation to the owner.

Engineer. A person who is recognized by the Commonwealth of Virginia and who is registered with the State Department of Professional and Occupational Registration, or registered with a like body in another state, as a "professional engineer."

Evergreen. A coniferous or other plant that retains it leaves or needles in all seasons.

Family.

1.

A family is, exclusive of household servants:

a.

An individual;

b.

Two or more persons related by blood, adoption, marriage or guardianship, living and cooking together as a single housekeeping unit;

c.

A number of persons, not exceeding four, living and cooking together as a single housekeeping unit though not related by blood, adoption, marriage or guardianship; or

d.

Not more than two unrelated persons living and cooking together as a single housekeeping unit, along with one or more dependents related to either of them by blood, marriage, adoption or guardianship.

2.

For purposes of single-family residential occupancy, family shall be deemed to include group homes or other residential facilities licensed by the department of mental health, mental retardation, and substance abuse services occupied by not more than eight mentally ill, mentally retarded, or developmentally disabled persons, together with one or more resident counselors or other staff persons. Mental illness and developmental disability do not include current illegal use of, or addiction to, a controlled substance, as defined in Code of Virginia, § 54.1-3401.

Fence. Any artificially constructed barrier of any material or combination of materials erected to enclose, partition, or screen areas of land.

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

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

Floodplain.

1.

A relatively flat or low land area adjoining a river, stream, or watercourse that is subject to partial or complete inundation;

2.

An area subject to the unusual and rapid accumulation of surface waters from any source.

Floodplain Area. An area susceptible to being inundated by water from any source.

Floor Area.

1.

Commercial, business, and industrial buildings, or buildings containing mixed uses: the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings but not including:

a.

Attic space providing headroom of less than seven feet;

b.

Basement space not used for retailing;

c.

Uncovered steps or fire escapes;

d.

Accessory water towers or cooling towers;

e.

Accessory off-street parking spaces;

f.

Accessory off-street loading spaces;

g.

Stairways; and

h.

Mechanical areas.

2.

Residential buildings: the sum of the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements, and open porches, measured from the exterior faces of the exterior walls.

Frontage. That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot; the distance between the side lines of any lot as measured along a line, at the required setback distance from the front lot line, generally paralleling the street upon which the lot fronts. The minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the building setback line, as defined and required herein. On irregularly shaped lots that make such a measurable line impossible, the frontage shall be measured along the line that can be drawn so as to best meet the intent of the above definition.

Funeral Home. A building or part thereof used for human funeral services. Such building may contain space and facilities for the following: embalming and the performance of other services used in the preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns, and other related funeral supplies; and, the storage of funeral vehicles, but not including facilities for cremation.

Garage, Private. Accessory building designed or used for the private storage of not more than three (3) automobiles owned and used by the occupants of the building to which it is accessory, with no facilities for mechanical service or repair of a commercial or public nature. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of twice as many automobiles as there are dwelling units. A garage which is attached to the main dwelling structure shall be considered part of that structure for purposes of setback, yard and height regulations.

Garage, Public. A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling, or storing motor-driven vehicles.

Garage, Repair. Any building, premises, or land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of motor vehicles is conducted or rendered, such services taking place within an enclosed building or screened from public view.

Grade. Grade or grade elevation shall be determined by averaging the elevations of the finished ground adjacent to all the corners and/or other principal points in the perimeter wall of the building.

Guest House. Living quarters within a detached accessory building located on the same premises with the main building for use by temporary guests of the occupants of the premises, and not rented or otherwise used as a separate dwelling unless permitted by the terms of this Ordinance.

Guest Room. A room that is intended, arranged or designed to be occupied, or which is occupied, by one or more guests paying direct or indirect compensation therefor, but in which no provision is made for cooking.

Hospital. A building or group of buildings, having room facilities for overnight patients, used for providing services for the in-patient medical or surgical care of sick or injured humans, and which may include related facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations.

Hotel, Motel, Motor Lodge or Tourist Home. A building in which lodging or boarding and lodging are provided for 14 or more persons, primarily transient and offered to the public for compensation and in which room assignments are made through a lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to keeping of boarders or roomers, or a multiple-family dwelling that is herein separately defined. A hotel or motel may include restaurants, taverns or clubrooms, public banquet halls, ballrooms, and meeting rooms.

Impervious Surface. A surface on previously undeveloped land that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.

Inoperable Motor Vehicle. Any motor vehicle which is not in operating condition, or any vehicle which has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for the operation of the vehicle or on which there are displayed neither a valid license plate, nor a valid inspection decal.

Junk. Dilapidated and inoperative automobiles, trucks, tractors, and other such vehicles and parts thereof, dilapidated wagons and other kinds of vehicles and parts thereof, discarded appliances, scrap building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, wood scraps, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds or bedding or any other kind of trash, scrap or waste material which is stored, kept, handled, or displayed.

Junk Yard or Automobile Graveyard. An area of more than two hundred 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 any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind, incapable of being operated, are placed.

Library. A place devoted to the collection and display of books, manuscripts and related intellectual property for use and circulation by the public but not for sale.

Loading Space. A space within a building or on the premises providing for the temporary standing, loading, or unloading of vehicles.

Lot. A parcel of land occupied or intended to be occupied by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot areas as are required by this Ordinance, and having frontage upon a street or road, either shown on a plat of record or considered as a unit of property and described by metes and bounds. Such lot may consist of a single lot of record or a part or combination of one or more lots of record.

Lot, Corner. A lot abutting upon two or more streets at their intersection where the interior angle of the intersection is not greater than 135 degrees. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees. A reversed corner lot is a corner lot that is turned, with reference to an adjoining lot, to front on another street.

Lot Coverage. That portion of the lot that is covered by buildings and structures.

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

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

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

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

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

Lot of Record. A lot shown upon a plan of subdivision or upon a plat attached or referred to in a deed described by metes and bounds in a deed recorded in the Clerk's Office of the Circuit Court of the County.

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

Manufactured Home. A structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and forty body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. A structure, transportable in one or more sections, which is built on a permanent chassis, and designed to be used with or without permanent foundation, when connected to the required utilities. The term also includes parts trailers, travel trailers, and other similar vehicles on a site for greater than 180 days.

Manufactured Home Park. A lot or parcel of land on which are located or which is arranged or equipped for the accommodation of two or more manufactured homes occupied for living purposes.

Manufactured Home Park/Subdivision. A parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.

Manufactured Home Subdivision. An area designed to accommodate one or more manufactured homes or modular homes on individual lots which may be offered for sale under the terms of this Ordinance and the Subdivision Ordinance.

Modular Home. A movable or portable dwelling over 32 feet in length and over 20 feet wide, designed and constructed without a carriage or hitch, as a stationary house constructed for placement upon a permanent foundation, to be connected to utilities, for year-round occupancy. It can consist of one or more components that can be retracted when transported and subsequently expanded for additional capacity, or of two or more units separately transportable but designed to be joined and joined into one integral unit.

Noise. Sound of a harsh, loud, or confused kind causing disturbance to occupants of an abutting, adjacent, or adjoining property, as provided for in the performance standards of these regulations and any other provisions of the Town Code.

Non-conforming Use. The 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, either at the effective date of this Ordinance or as a result of subsequent amendments to this Ordinance.

Non-conforming Lot. A platted lot that does not conform to the minimum area, width or depth requirements of this Ordinance for the district in which it is located either at the effective date of this Ordinance or as a result of subsequent amendments to the Ordinance.

Non-conforming Structure. A 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, either at the effective date of this Ordinance or as a result of subsequent amendments to this Ordinance.

Office, business and professional. (See Business and Professional Office).

Off Street Parking. All weather surface area not in a street or alley and exclusion of driveway permanently reserved for the storage of vehicles and connected with a street or alley with a paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.

One Hundred-Year Flood. A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in any year).

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

Open Space, Common. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.

Open Space, Public. Open space owned by a public agency and maintained by it for the use and enjoyment of the general public.

Outdoor Storage. The keeping in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than one (1) week.

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

Parking Space Off-Street. An all-weather surfaced area not in a street or alley and having an area of not less than 162 square feet (9' x 18'), exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved.

Patio. A platform or surface extending from a house or building.

Porch. A structural part of a building that is enclosed and covered by a roof that is usually separate from the main roof of the structure. A porch is generally associated with an entrance to the structure but also may be a covered and enclosed deck.

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

Property. Any tract, lot, or parcel, including, but not limited to several of the same collected together for the purpose of subdividing, preparing a site development plan, and/or developing.

Public Building. A building, or part thereof, owned or leased and occupied and used by an agency or political subdivision of the United States of America, the Commonwealth, a county or a town or city.

Public Water and Sewer Systems. A water or sewer system owned and operated by a municipality or county, or owned and operated by a corporation approved by the governing body and properly chartered and certified by the State Corporation Commission, and subject to special regulations as herein set forth.

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

Restaurant. An establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in nondisposable containers, and where the customer consumes these foods while seated at tables or counters located within the building. This definition also includes cafes, cafeterias, sit-down restaurants, tea rooms, confectionery shops, refreshment stands, and outdoor cafes.

Retail Stores and Shops. Buildings for the display and sale of merchandise at retail (but specifically exclusive of coal, wood, and lumber yards), such as the following which serve as illustrations: drugstore, newsstand, food or grocery store, candy shop, dry goods and notions store, antique store, gift shop, hardware store, household appliance store, furniture store, florist, music and radio store. This group also includes the consolidation of retail stores into one or more buildings as a shopping center.

Right-of-Way. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. May include a fee simple or easement ownership.

Rooming House. A building other than a hotel, motel, or motor lodge where, for compensation and by pre-arrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons but containing no more than five sleeping rooms.

Satellite Dish Antenna. A device incorporating a reflective surface that is solid, open mesh, or bar configured, usually in a round, parabolic shape, intended to receive and/or transmit radio, electromagnetic, or microwaves from terrestrially based and/or orbitally based sources.

School. Any public, parochial, or private place of instruction that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, middle schools, junior high schools, vocational schools, Montessori schools and high schools, meeting all the licensing requirements of the Commonwealth of Virginia.

Screening. A method of visually shielding or obscuring one abutting or nearby structure or use from another by use of planted vegetation, fences, walls or terms in accordance with the terms of this Ordinance.

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

Setback, Front. A portion of land lying between the front lot line and the front building setback line, and extending across the full width of the lot. The front setback depth shall be the minimum distance, measured horizontally, between the front building setback line and the front lot line.

Setback Measurement. In measuring a setback, the building line shall be deemed to mean a line parallel to the nearest lot line drawn through the point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the building line to the nearest lot line.

Setback, Rear. A portion of land lying between the rear lot line and the nearest part of the building not hereinafter excepted, and extending across the full width of the lot. The rear setback depth shall mean the minimum distance, measured horizontally, between any part of the building not specifically excepted and the rear lot line.

Setback, Side. A portion of land lying between a side lot line and the nearest part of the building or use not hereinafter excepted, and extending from the front setback to the rear setback line, or if there be no front or rear setback, to the front or rear lot lines. Side setback width shall mean the minimum distance, measured horizontally, between any part of the building or use not specifically excepted and the nearest side lot line.

Short Term Rental. The provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.

Sign. For definitions pertaining to signs, see Article 7.

Site Development Plan. A drawing illustrating a proposed development and prepared in accordance with the specifications of this ordinance.

Special Use Permit. The permit for a use listed as requiring such permit in this Ordinance and which may be in a specified district under certain conditions, such conditions to be determined in each case by the terms of this Ordinance and by the Town Council of the Town of Hamilton after public hearing and report by the Planning Commission in accordance with the procedures specified by this Ordinance and applicable state law.

Stone Monument Establishment. An establishment primarily engaged in the sale of stone monuments which may engage in the finishing, but not the cutting or shaping, of stone monuments on the premises.

Storefront. A room, set of rooms, or establishment offering items for sales that people would come to buy.

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

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

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

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

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

Structure (Primary). A structure that accommodates the primary use of the site.

Temporary. Lasting or effective for a limited time period only; not permanent.

Tent. Portable shelter or temporary structure of fabric or skins supported by poles.

Through Lot. A lot that has frontage on a front street and back street. Both would be considered front yards.

Townhouse. A single-family dwelling designed to be sold as a unit but forming one of a group or series of three or more attached single-family dwellings separated from one another by party walls without doors, windows, or other provisions for human passage or visibility through such walls from basement to roof, and having roofs which may extend from one of the dwelling units to another.

Use. Activity proposed for any portion or part of a parcel, tract, or lot.

Variance. A variance from application of the strict terms of this Ordinance which may be granted in a specific case by the Board of Zoning Appeals under the terms of this Ordinance and applicable state law.

Wayside Stand. A temporary structure designed for the display and sale of local agricultural products.

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

Yard, Front. A yard lying between the front lot line and the front building setback line, and extending across the full width of the lot. The front yard depth shall be the minimum distance, measured horizontally, between the front building setback line and the front lot line.

Yard Measurement. In measuring a yard, the building line shall be deemed to mean a line parallel to the nearest lot line drawn through the point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the building line to the nearest lot line.

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

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

(Ord. of 12-14-2015(1); Ord. of 4-11-2016(1); Ord. of 4-9-2018)