For the purpose of this ordinance certain terms and words are herein defined as follows:

(1)

Words in the present tense include the future;

(2)

Words in the singular number include the plural number and words in the plural number include the singular number;

(3)

The words "shall" and "should" are mandatory and not discretionary; the word "may" is discretionary;

(4)

The word "lot" includes the word "plot";

(5)

The word "land" includes the words "marsh" and "water";

(6)

The word "person" shall be held to mean an individual, a firm, a trust, a partnership, a corporation or association;

(7)

Masculine words include the feminine;

(8)

In instances where a specific individual is given authority or responsibility, that authority or responsibility may fall to his designee; and

(9)

Definitions in this chapter apply to the entire ordinance unless stated otherwise herein.

Abutting. Sharing one (1) or more common boundaries or points; contiguous.

Accessory building or structure. A subordinate building or structure, clearly incidental, related to, and customarily associated with, the principal building or structure, and located on the same lot as the principal structure. Where any part of the accessory building or structure is attached to the principal building or structure, such accessory building or structure shall be counted as part of the principal building or structure. This term includes temporary family health care structures as provided in Code of Virginia § 15.2-2292.1.

Accessory dwelling. A second dwelling unit on a residential lot that has a primary dwelling unit.

Accessory use. A subordinate use, clearly incidental, related to, and customarily associated with the principal use of land, and located on the same lot as the principal use. This term includes temporary family health care use as provided in the Code of Virginia § 15.2-2292.1.

Active recreation area. That portion of the green area provided in developments that is intended to, and can support physical recreation activities or facilities.

Adjacent. Sharing a common boundary or separated by a right-of-way or water body.

Adult establishment. Any establishment providing entertainment products or services, such as, but not limited to books and films, and which is only open to persons eighteen (18) years of age or older, and whose products or services are harmful to juveniles. For the purposes of this ordinance, "harmful to juveniles" and its defining terms shall be as defined in title 18.2, chapters, article 6 of the Code of Virginia, 1950, as amended.

Alley. Public or private minor way used primarily for vehicular access to the rear or side of properties otherwise abutting a street.

Alteration. Any act or process that changes one (1) or more of the interior or exterior architectural features of a structure.

Alternative parking plan. A proposal by an applicant to comply with the intent of chapter 11 of the zoning ordinance, through some means other than strict compliance with the standards of that section.

Amusement center. Any establishment whose principal source of income is derived from access to coin-operated amusement machines.

Animal day care. A place or establishment, other than an animal shelter, where companion animals not owned by the proprietor are cared for a time limited to less than twenty-four (24) hours per day per client in exchange for a fee. The term shall include establishments commonly referred to as doggie daycares.

Animal shelter. An establishment, other than a private residential dwelling and its surrounding grounds, which is used to house or contain animals for the purpose of finding permanent adoptive homes for animals which shall include, but not be limited to, a humane society, animal welfare organization, society for the prevention of cruelty to animals.

Arterial street. Public rights-of-way used primarily for fast or high volume traffic; for efficient, safe and direct connection to, and separation of, neighborhoods; for circulation to destinations outside the residential area.

Balcony. A platform projecting from the wall of an upper story, supported by brackets, columns or cantilevered out, with or without a roof, and enclosed by a railing or balustrade, with an entrance from the building.

Banquet hall. A facility constructed with or without a kitchen, leased for the purpose of hosting private social events not open to the general public, with or without live entertainment, where food and/or drink may be consumed on site.

Bed and breakfast. A building or portion thereof containing not more than nine (9) sleeping rooms, in which room and board are offered to transient residents by on-site management who are present at all times while there are transient residents. Such operations are open to the general public for the purposes of conducting business during established hours of operation, and may include events.

Best management practices (BMPs). Schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities.

Big box retail. A business established and engaged primarily in retail activities and located in a standalone building of fifty thousand (50,000) square feet in size or larger, where the primary user occupies at least ninety (90) percent of that square footage.

Boarding house. A building or premises, or portion thereof, where lodging and meals are offered for compensation to five (5) or more nontransient residents.

Boathouse. An accessory structure constructed either wholly or partially over a body of water and designed exclusively for the storage and/or the covering of recreational watercraft.

Body piercing establishment. An establishment where the act of penetrating skin to make a hole, mark, scar, generally permanent in nature is conducted, except that the use of a mechanized, pre-sterilized piercing system that penetrates the outer perimeter or lobe of the ear, or both, is not body piercing.

Boundary line adjustment. The process where the location of a zoning district boundary, or other demarcation is shifted on the official zoning district map by the zoning administrator.

Brewery/distillery. A facility for the production and packaging of alcoholic beverages for distribution, retail, or wholesale, on- or off-premises, with production capacity of more than fifteen thousand (15,000) barrels per year for breweries or twenty thousand (20,000) gallons per year for distilleries.

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

Buildable acreage. That portion of the total acreage of a lot or property (specifically excluding tidal wetlands and the area of existing ponds, lakes, rivers, streams or other impounded water bodies) that can adequately support physical improvements, used to determine the maximum number of dwelling units in townhouse, multiple dwelling and mixed-used developments.

Building. A structure having a roof supported by column or walls for the shelter, support or enclosure of persons, animals, or movable personal property. When separated by fire walls from the ground up without openings, each portion of such building shall be deemed a separate building.

Building addition. Any walled and roofed expansion to the perimeter of a building either horizontally or vertically, connected by a common wall. Building elevation. The external faces of a building; also referred to as a facade.

Building front. The wall of a building most nearly parallel with and adjacent to the front property line.

Building height. The vertical distance, measured from the final surveyed grade at the time of building permit issuance to (a) the highest point of the roof surface, if a flat roof; (b) to the deck line of a mansard roof; and (c) to the mean height level between eaves and ridge for a gable, hip, or gambrel roof, as diagrammed below. If built on a terrace, the allowable building height may be increased by the height of the terrace, but this increase shall not exceed five (5) feet For principal structures subject to the provisions of Chapter 9, Article IV, the vertical distance shall be measured from the design flood elevation.

Business park/shopping center.

A collection of two (2) or more buildings connected to each other by means of common walls;

A single building containing two (2) or more separate establishments or business spaces;

Two (2) or more establishments, including business park/shopping center outparcels as defined in this chapter;

Two (2) or more establishments under the same management or association for the purpose of enforcing reciprocal agreements controlling management or parking; or

Two (2) or more establishments all structurally designed in an integrated fashion around or along the sides of a promenade, walkway, concourse or courtyard.

Business park/shopping center 1. A business park/shopping center that does not meet the requirements of business park/shopping center 2.

Business park/shopping center 2. A business park/shopping center with three (3) or more establishments that is either: (a) located on at least 20 contiguous acres, or (b) located on at least ten (10) contiguous acres and contains at least two hundred thousand (200,000) square feet of gross building floor area.

Business park/shopping center outparcel, dependent. A separate parcel or land area constituting a portion of the outer perimeter of a business park/shopping center that contains its own establishment and meets any of the following: (1) minimum required parking is met through utilization of parking associated with the business park/shopping center; (2) the outparcel is able to be accessed only through the business park/shopping center; or (3) minimum required green area is met through utilization of green area associated with the business park/shopping center.

Business park/shopping center outparcel, independent. A separate parcel or land area constituting a portion of the outer perimeter of a business park/shopping center that contains its own establishment, meets the minimum required parking and green area for the outparcel independently without utilization of parking or green area of the business park/shopping center, and provides at least one (1) separate access to the outparcel from a public right-of-way.

Carnival. An itinerant group of persons and equipment primarily in the business of furnishing entertainment, in the combined form of gaming devices, side shows, and riding devices, operated independent of any local facility, commercial establishment, or non-profit organization. Chesapeake Bay Review Committee. The decision making body responsible for hearing requests for relief to the O-CBP regulations and deciding O-CBP boundary disputes; composed of the director of the department of community development, the zoning administrator, the director of public works, the building official, and the chair of the wetlands board or his designee.

Cemetery. Any land or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery; as further defined and amended by Section 15.2-2288.5 of the Virginia State Code. For the purposes of the zoning ordinance, "church" shall be interpreted to be a "religious facility". Any land or structure used for the interment of animal remains shall be considered a Cemetery.

Clearing. Any activity that removes the vegetative ground cover, including but not limited to the removal of root mat or topsoil.

Coin-operated amusement machine. Any machine, activated by insertion of a coin or token, providing active or passive recreation, amusement, or entertainment, access to which is not legally restricted on the basis of age; except that this term shall not include jukeboxes, vending machines or coin-operated pool tables in a pool hall.

Coliseum Central Design Review Committee (CCDRC). A committee composed of three (3) city representatives chosen by the director of the department of community development and three (3) community representatives (with one (1) alternate) chosen by the Coliseum Central Business Improvement District Board, or its successor; the community representatives do not have to be members of the board.

Collector street. Right-of-way carrying traffic from minor collector streets and residential streets to the major system of arterial streets.

Commercial building-mounted antenna. Any structure affixed to a building or co-location on an existing pole that supports broadcast or receiving equipment of any frequency or electromagnetic wave, or any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves, for use by any commercial (for profit) enterprise. For the purpose of this ordinance, antenna used to support two-way radio communication between a main commercial user and vehicles used in the operation of that use and antenna used to support public utility equipment are not considered commercial building-mounted antenna. Commercial building-mounted antenna includes "small cell facility," "micro-wireless facility," and "non-small cell facility" as defined below. The following terms and their definitions apply to commercial building-mounted communication antenna and commercial communication tower regulations in chapter 3 - Uses Permitted:

Administrative review-eligible project. A project that provides for:

1.

The installation or construction of a new structure that is not more than fifty (50) feet above ground level, provided that the structure with attached wireless facilities is (i) not more than ten (10) feet above the tallest existing utility pole located within five hundred (500) feet of the new structure within the same public right-of-way or within the existing line of utility poles; (ii) not located within the boundaries of a local, state, or federal historic district; (iii) not located inside the jurisdictional boundaries of a locality having expended a total amount equal to or greater than thirty-five (35) percent of its general fund operating revenue, as shown in the most recent comprehensive annual financial report, on undergrounding projects since 1980; and (iv) designed to support small cell facilities; or

2.

The co-location on any existing structure of a wireless facility that is not a small cell facility.

Antenna. Communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.

Applicant. A wireless services provider, wireless infrastructure provider, or other third parties at the direction of the provider submitting the WIP application and all required materials and information.

Base station. A station that includes a structure that currently supports or houses an antenna, transceiver, coaxial cables, power cables, or other associated equipment at a specific site that is authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics.

City facilities. City-owned existing structures located within the public way. City facilities may include, by means of example, city-owned light poles and city-owned traffic signal poles and structures.

Co-locate. To install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure. "Co-location" has a corresponding meaning.

Department. The Department of Community Development or any other department designated by the city manager.

Existing structure. Any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to the city of an agreement with the owner of the structure to co-locate equipment on that structure. "Existing structure" includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers.

Micro-wireless facility. A small cell facility that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that has an exterior antenna, if any, not longer than eleven (11) inches.

New structure. A wireless support structure that has not been installed or constructed, or approved for installation or construction, at the time a wireless services provider or wireless infrastructure provider applies to a locality for any required zoning approval.

Person. A person, including an individual, partnership, corporation, association, governmental agency, trust, or other institution or entity.

Project. Either (i) the installation or construction by a wireless services provider or wireless infrastructure provider of a new structure or (ii) the co-location on any existing structure of a wireless facility that is not a small cell facility. "Project" does not include the installation of a small cell facility by a wireless services provider or wireless infrastructure provider on an existing structure to which the provisions of § 15.2-2316.4 apply.

Public rights-of-way. All rights-of-way owned or controlled by the City of Hampton, including public street, public way, public easements, and other public places.

Public street. The surface of and the space above and below any public street, road, highway, avenue, sidewalk, way, bridge, viaduct, alley, lane or other public right-of-way, including non-paved surfaces, now or hereafter held by the city for the purpose of public travel, communications, alarm, street lighting, power distribution, water or sewer easements or similar public use.

Public way. All public streets held or controlled by the city, but only to the extent of the city's right, title, interest or authority to grant a license to occupy and use such public streets for telecommunications facilities.

Small cell facility. A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight (28) cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, ground-based enclosures, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

Standard process project. Any project other than an administrative review-eligible project.

Third party existing structure. An existing structure not owned by the City of Hampton.

Utility pole. A structure owned, operated, or owned and operated by a public utility, local government, or the Commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity.

Water tower. A water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.

WIP. Wireless Infrastructure Permit.

Wireless facility. Equipment at a fixed location that enables wireless services between user equipment and a communications network, including (i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and (ii) radio transceivers, antennas, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

Wireless infrastructure permit (WIP). Permit required by this division to install wireless infrastructure and wireless facilities within the city.

Wireless infrastructure provider. Any person, including a person authorized to provide telecommunications service in the state, that builds or installs transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider.

Wireless services. (i) "Personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C) (i); (ii) "personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities; and (iii) any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities.

Wireless services provider. A provider of wireless services.

Wireless support structure. A freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. "Wireless support structure" does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.

Commercial communication tower. Any structure erected on a lot or attached to another structure that supports broadcast or receiving equipment of any frequency or electromagnetic wave, or any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves, for use by any commercial enterprise.

Commercial garage. Any structure owned and operated by a private entity, but open to the public, where vehicles are parked for a fee. This shall not be interpreted to apply to garages built and used solely in conjunction with hotels.

Commercial parking lot. Any parcel owned and operated by a private entity, but open to the public, where vehicles are parked for a fee.

Commercial vehicle.

Any vehicle used in the conduct of a business or government function with such identification thereon;

Any vehicle registered as a commercial or government vehicle, such as step vans, tow trucks, pickup trucks, etc., but not including automobiles, station wagons, and buses used for the transportation of students (public and private schools); or

Any vehicle, regardless of use, identification or registration, with a registered gross weight of twelve thousand (12,000) pounds or more.

Communication tower height. The distance measured from the highest point of any tower to the ground directly beneath that highest point; except, that if a noncommercial tower is attached to a building, the height shall be measured to the floor of the first floor level of the building, or if a noncommercial tower is attached to the roof of a building, the height shall be measured from the roof to the highest point of the tower.

Community garden. The cultivation of fruits, flowers, vegetables, and/or ornamental plants by more than one (1) person for noncommercial purposes.

Companion animals. Dogs, both domestic and feral; cats, both domestic and feral; nonhuman primates; guinea pigs; hamsters; rabbits not raised for human food or fiber; exotic or native animals; reptile; exotic and native birds; or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals regulated under federal law as research animals shall not be considered companion animals.

Comprehensive plan. A document and all related materials embodying a coordinated plan that has been prepared by the planning commission and adopted by the city council for the physical development of the city, or any master plans, being portions of the comprehensive plan, prepared for the physical development of the city that designate, among other things, plans and programs to encourage the most appropriate use of land, lessen congestion throughout the city, and safeguard and promote the interests of public health, welfare and safety.

Conceptual plan. A sketch, drawing or other representation of a plan for development that carries no vested rights or obligations on any party.

Conditional use. A use that requires special, unusual, or extraordinary but reasonable limitations tailored to the use on a specific site in order to mitigate adverse impacts to public health, safety and welfare on surrounding properties and protect the public interest and integrity of the comprehensive plan.

Contiguous. Sharing one (1) or more common boundaries or points; abutting.

Continuing care retirement community. A development that may include any combination of independent residential units, assisted living units, and nursing home rooms, for residents fifty-five (55) or older or disabled individuals.

Control measure. Any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters.

Copy. Any letter, symbol, or combination of these, located on the face of a sign that can be seen from the street or right-of-way.

Corner lot. A lot abutting on two (2) or more streets at their intersection.

Dance hall. Any place open to the general public, where dancing is permitted, to which an admission fee is charged, or for which compensation in any manner is received either directly or indirectly by cover charge or otherwise, or where refreshment or food or any form of merchandise are sold before, during, or after dancing; provided, however, that a restaurant licensed under section 4.1-210 of the Code of Virginia, to serve food and beverages and having a dance floor with an area not exceeding ten (10) percent of the total floor area of the establishment, shall not be considered a dance hall. Private clubs are excluded from this definition provided attendance at a dance is limited to bona fide members of such club and bona fide guests of such members; however, if tickets to dances held by or at a private club are sold or given to the general public, then the club shall be classified as a dance hall.

Day care. Any dwelling or facility receiving children or adults for care limited to less than twenty-four (24) hours per day per client. Three (3) types shall be established based on the number of clients, exclusive of any children or adults living in a dwelling:

Day Care 1, Family (FDC1)—No more than four (4) clients in an occupied dwelling, in which one of the clients or the provider resides;

Day Care 2, Family (FDC2)—Five (5) to twelve (12) clients in an occupied, detached, one or two-family residence or duplex dwelling in which one of the clients or the provider resides;

Day Care, Commercial (CDC)—Any number of clients in any facility other than the residence of a client or provider.

Day spa. A business, employing professionally-licensed therapists, which provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments including, but not limited to, therapeutic massages and body or facial treatments.

Demountable prefabricated building. A building erected in panel sections that can be dismantled and re-erected in sections.

Demolition. Any act or process that destroys, in whole or in part, structures or objects.

Design guidelines.

For the purposes of O-HP, the set of appropriate activities, adopted by the preservation district review board, that will preserve the historic and architectural character of the property within the boundaries of the O-HP; or

For all other purposes, a set of discretionary statements that guide development to achieve a desired level of quality for the physical environment, whether developed for a specific zoning district or as part of a specific zoning action.

Detention facility. Any governmental facility which houses persons who have been arrested, charged or convicted of a crime, including but not limited to jails and juvenile detention facilities, but not including prisons or correctional facilities operated by state or federal government.

Development. Any man-made change to improved or unimproved real estate including, but not limited to, structures, utilities, mining, dredging, filling, grading, paving, excavation or drilling operation, or any land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation, or utility facilities or structures or the clearing of land for non-agricultural or non-silvicultural purposes.

Dormitory. A structure devoted to housing of regularly enrolled students of a college or university that contains lodging units or sleeping rooms and may contain a common kitchen and dining facility for the occupants, operated by an agent of the affiliated college or university.

Downtown. The area including the Central Business District and adjacent residential areas composing the DT Districts.

Driveway. A continuous paved or unpaved strip of land providing a vehicular connector between a right-of-way and a parking space or garage. In the case of residential driveways, this area includes the parking space.

Duplex unit. One (1) of the two (2) dwelling units contained in a duplex dwelling.

Duplex dwelling. A type of multi-family structure containing two (2) dwelling units attached by a common vertical fire-resistant wall, with each unit on a separate fee-simple lot.

Dwelling. A building or portion thereof designated or used exclusively for residential purposes.

Dwelling area. The gross heated floor area of a dwelling unit, exclusive of any hallways between units.

Dwelling unit. A single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, cooking, eating and sanitation.

Encroachment. Any improvement that intrudes into a required setback, buffer area, or protected open space.

Environmental site assessment. A physical survey of the site or parcel that is prepared and certified as complete and accurate by a licensed professional engineer, land surveyor, architect or landscape architect licensed to do business in the state of Virginia; drawn at a scale of not less than one hundred (100) feet to the inch on a print not greater than twenty-four (24) inches by thirty-six (36) inches to clearly delineate with labels the components of the RPA, RMA, IDA and buffer area on and adjacent to the development site and the geographic extent and classification of all wetland areas on and contiguous to the site or parcel; and shall specifically include the boundaries of the following RPA features: (i) tidal wetlands, verified by field survey; (ii) non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; (iii) tidal shores; and (iv) a buffer area as set forth in chapter 9, article II of the city zoning ordinance. The geographic extent and classification of wetland areas shall be the result of a recent physical survey, and in the case of non-tidal wetlands, a field delineation that is consistent with the procedures specified in the "Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987, as amended".

Establishment. Any business, institutional, professional or religious entity which provides products or services, or any apartment, condominium, cluster home, townhouse for sale, or similar project. Only an entity which occupies a separate business space which is enclosed by walls and accessed and secured separately will be considered a single establishment. Any apartment, condominium, cluster home, townhouse for sale or similar project under single management or association will be considered a single establishment unless located on non-contiguous lots, in which case each non-contiguous grouping will be considered a separate establishment.

Event. Any announced gathering of people, including but not limited to weddings, reunions, receptions, and birthday parties.

Extended stay hotel. A facility offering lodging accommodations to the general public for compensation having ten (10) or more sleeping rooms all containing kitchen facilities, a lobby, clerk's desk or counter for guest registers and records, and which may also include additional accessory services such as meeting or restaurant space. For the purpose of this definition, "kitchen facilities" shall include a sink separate from the bathroom sink, a range or cooktop, and a refrigerator.

Facade. The outside face of a building; building elevation.

Facade zone. A fixed depth along a property line abutting a right-of-way or a setback line, whichever is required by the applicable zoning district, within which a portion of the building facade must be located.

Family.

An individual living alone in a dwelling unit; or

Any of the following groups of persons living together and sharing living areas in a single dwelling unit:

Two (2) or more persons related by blood, marriage, adoption or approved foster care;

A group of not more than four (4) persons (including servants) who need not be related by blood, marriage, adoption or approved foster care;

Day Care 1;

Group Home 1; or

A group of not more than two (2) adults who need not be related by blood or marriage, and the children of each of the two (2) adults.

Fee-simple lot. A lot created within the project property lines of a townhouse or multiple dwelling development, or manufactured/mobile home subdivision for individual ownership, or any lot of record.

Fence. An accessory structure, including but not limited to a barrier, railing, or other upright structure, constructed of materials of a nature to indicate a degree of intended permanence, the components of which are not readily or easily removed, that acts in the manner to prevent or eliminate vision, viewing, or access to a property.

Fence, natural. Any natural or dense vegetation, including but not limited to hedges, trees and shrubs, that acts in the same manner as a fence to create a screen or barrier that operates to prevent or eliminate vision, viewing, or access to a property.

Flag lot. A lot connected to a public right-of-way by a narrow strip of land (the "flagpole" or "panhandle") that does not meet the required minimum frontage standards.

Flammable liquids. Any liquid having a flash point below two hundred (200) degrees F and having a vapor pressure not exceeding forty (40) pounds per square inch (absolute). (Further data on flammable liquids can be found in the Fire Prevention Ordinance Code.)

Flea market. An area for the open air retail sales of new and/or used merchandise, where space is provided to individual vendors.

Food truck. A food establishment mounted on wheels (excluding boats in the water) readily moveable from place to place at all times during operation and shall include, but not be limited to, pushcarts, trailers, trucks, or vans. The facility, all operations, and all equipment must be integral to and be within or attached to the facility. A food truck shall be considered a "mobile food service facility" as defined by the city code.

Food truck operator. The individual or entity required to obtain a Food Truck Permit to operate a food truck per city code Chapter 15.

Front yard. A yard extending across the full width of the lot and lying between the nearest building line and the front lot line or proposed right-of-way line.

Garage or yard sale. The on-site sale of tangible personal property belonging to the owner or occupant of such property.

Gas station. Any structure, premises, enclosure, equipment, or space used for the dispensing or sale of any gasoline or oils, or other type fuels for motor vehicles.

Green area. That space on the same lot as the principal building or buildings which is either landscaped in accordance with the City of Hampton Landscape Guidelines if applicable, planted with grass, planted with ornamental vegetation, or developed and maintained for recreational purposes, but which excludes that portion of the lot which is utilized for off-street parking purposes.

Green design. An integrated framework of design, construction and operational practices that encompassed the environmental, economic and social impacts of buildings; green building practices recognize the interdependence of the natural and built environments and seek to minimize the use of energy, water and other natural resources and provide a healthy, productive indoor environment.

Gross density. The allowable number of dwelling units per gross acre of land proposed for development.

Group home. A residential facility in which individuals with mental illness, intellectual disability, or developmental disabilities reside, with one (1) or more resident or nonresident staff persons, as residential occupancy by a single family licensed by the Virginia Department of Behavioral Health and Developmental Services. For the purposes of this subsection, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in the Virginia Code, as amended.

This term also includes a residential facility in which aged, infirm or disabled persons reside, with one (1) or more resident counselors or other staff persons, as residential occupancy by a single family licensed by the Virginia Department of Social Services.

Two (2) categories shall be established based on the number of residents and exclusive of resident counselors:

Group Home 1 (GH1)—No more than eight (8) residents;

Group Home 2 (GH2)—Nine (9) or more residents.

Halfway house. Any residential facility for individuals suffering from drug or alcohol abuse while they are undergoing rehabilitative treatment; such treatment shall not include detoxification; or

Any residential facility, operated or used by the Virginia Department of Corrections or the Federal Bureau of Prisons for the temporary care of adults on probation or parole.

Heliport. Landing and take-off facility for a helicopter that may have fueling facilities.

Home based rescue. An occupied, detached, one or two-family residence in which five (5) or more companion animals over the age of four (4) months are kept for the purpose of facilitating adoption, including fostering or keeping animals which are not licensed as personal pets, excluding kennels.

Home occupation. Any occupation or activity which is clearly incidental and secondary to use of the premises as a dwelling and which is carried on wholly or in part within a main building or accessory building by a member of the family who resides on the premises.

Homeowners' association. A private non-profit association organized by the developer of a development in which individual owners share common interest in open space and/or facilities and are in charge of preserving, managing and maintaining the common property, and enforces improvements or other certain covenants and restrictions; also known as a property owners' association.

Homestay rental. The provision of a room within a resident-occupied single-family dwelling unit that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes to transient residents in exchange for a charge for occupancy. For purposes of this definition, room may consist of a single bedroom, bathroom, closet(s), and a sitting area for the exclusive use of the transient lodger, but may not include cooking facilities separate from the primary cooking facilities serving the single-family dwelling. For purposes of this definition, single-family dwelling unit shall mean a detached single-family dwelling, a duplex dwelling unit where each duplex dwelling unit is on a separate fee-simple lot, or a townhouse dwelling unit where each townhouse dwelling unit is on a separate fee-simple lot.

Hospital. A facility licensed by the Commonwealth of Virginia which provides medical care, testing, or treatment primarily on an inpatient basis for stays in excess of twenty-four (24) hours, but which may also provide outpatient treatment.

Hotel. A facility offering transient lodging accommodations to the general public for compensation and having ten (10) or more sleeping rooms, that may also have additional accessory services, such as meeting rooms, restaurants, and recreational activities.

Housekeeping unit. A dwelling unit organized as a single entity in which residents share common kitchen facilities and have access to all parts of the dwelling unit.

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

Improved surface. The following materials when designed, installed, and permitted to support the weight of a vehicle shall be considered improved surface: concrete; asphalt; impervious pavers; porous paving systems installed according to manufacturer specifications which may incorporate grass, gravel, or soil elements, which are contained by a border, visually distinct from unimproved lawn area, and are appropriately maintained to retain all the foregoing criteria; loose materials such as rock, gravel, and oyster shells when contained by a border; other similar impervious surfaces but not to include compacted soil.

Intensely developed area (IDA). A portion of the O-CBP District, delineated within the resource protection area on the Chesapeake Bay Preservation District map, where development is concentrated and little of the natural environment remains.

Interconnected wind energy system. A wind energy system which is electrically connected to the local electrical power utility system and can provide power to the local electrical power utility system.

Interior lot. A lot other than a corner lot.

Juvenile residence. A residential facility for juveniles which houses five (5) or more residents, but which does not include orphanages, shelters, detention facilities, group homes or halfway houses, as defined in this ordinance.

Kennel. Any establishment in which five (5) or more canines, felines, or hybrids of either, over the age of four (4) months are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing.

Learning/tutoring center. A commercial establishment offering educational counseling and tutoring for a fee.

Live entertainment. Any artistic, musical or theatrical performance, including but not limited to, karaoke, open-microphone, live vocal or instrumental music, recorded music with a disc jockey (DJ), play, stand-up comedy, dance act, magic, poetry reading, reenactment, cabaret, or any combination thereof, performed by one (1) or more persons, whether or not they are compensated for the performance, in a privately owned premises that is open to the public, whether or not admission is charged.

Loading space. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of vehicles while loading or unloading merchandise or material that has access to a street, alley, or other appropriate means of ingress and egress.

Lot. A parcel of land recorded in a deed or on a plat of record, and fronting on and having access to a public right-of-way, unless otherwise allowed by this ordinance; a lot may include parts of, or be a combination of abutting lots; for the purposes of townhouse and multiple dwelling development, the lot shall be that land enclosed by the project property lines, as defined herein.

Lot depth. The mean distance between front and rear lot lines, reduced by any adopted right-of-way line in the comprehensive plan overlapping the front or rear of the lot.

Lot width. The distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines, as reduced by any adopted right-of-way line in the comprehensive plan overlapping a part of the lot. In the case of irregularly shaped lots, the distance between the side lot lines shall be measured at the front setback line.

Manufactured home. A structure subject to federal regulation, that is transportable in one (1) or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built with 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.

Manufactured home park. A development where all manufactured/mobile home sites and any common area are under the ownership of one (1) entity and the lots are rented to individuals for the siting of manufactured/mobile homes. The ownership of the individual units within the development shall not affect this designation.

Manufactured home subdivision. A development where all manufactured mobile home sites are fee-simple lots, all dwelling units are attached to permanent foundations, and any common area within the development is under the ownership of a homeowners' association. All manufactured/mobile homes within the subdivision shall be under the ownership of the person or entity owning the lot on which the unit is located.

Maximum extent practicable. A situation where no feasible or practical alternative exists, as determined by the city official responsible for administering the permit approval, and all possible efforts to comply with the standards or regulation or minimize potential harmful or adverse impacts have been undertaken by an applicant; economic considerations may be taken into account but shall not be the overriding factor.

Medical office. An office which provides physical or mental medical care, testing, or treatment on an outpatient basis for stays of twenty-four (24) hours or less by physicians, dentists, optometrists, and other healthcare practitioners licensed by the Commonwealth of Virginia.

Mental health/substance abuse treatment facility. A facility licensed by the Commonwealth of Virginia which primarily provides treatment for mental health issues on an inpatient basis for stays in excess of twenty-four (24) hours or treatment for substance abuse issues on an inpatient or outpatient basis through the dispensation of controlled substances.

Micro-brewery/distillery/winery. A facility for the production and packaging of alcoholic beverages for distribution, retail, or wholesale, on- or off-premises, with production capacity of not more than fifteen thousand (15,000) barrels per year for micro-breweries or twenty thousand (20,000) gallons per year for micro-distilleries and micro-wineries.

Mid-block. The interior of a block not abutting a right-of-way.

Minor collector street. Right-of-way carrying traffic from residential streets to collector streets; may include the principal entrance streets for major circulation within a residential development.

Mitigation bank. A site where wetlands are restored, created, enhanced, or preserved expressly for the purpose of providing compensatory mitigation for authorized impacts on other sites, including on-site impacts incidental to the construction or operation of the bank, as regulated by the state and federal government. Such sites are developed and operated pursuant to a signed banking agreement or instrument.

Mixed-use structure. Any structure containing uses from two (2) different use groups.

Motorhome. A type of recreational vehicle having two or more axles and providing transient accommodations, such as bedding, cooking, and dining facilities.

Multi-family dwelling. A dwelling containing two (2) or more dwelling units.

Nacelle. The structure which houses all of the generating components, gearbox, drive train and other mechanical components of a wind energy system.

Net density. The allowable number of dwelling units per buildable acre of land proposed for development.

New development. For purposes of the O-CC District only, any physical improvement to land that, at the time of site plan submission, contains no structures, or any physical improvement to land that, at the time of site plan submission, contains structures that will be removed or destroyed by the proposed development to the point that exceeds seventy-five (75) percent of the current replacement value.

Noncommercial communication tower. Any structure erected on a lot or attached to another structure that supports broadcast or receiving equipment of any frequency or electromagnetic wave, or any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves for governmental or private/nonprofit use, to include amateur radio operations licensed by the Federal Communications Commission.

Nonconforming lot. A lot that does not comply with the dimensional standards that apply in the zoning district where the lot is located, but was permissible under previous provisions of this ordinance or predates this ordinance.

Nonconforming structure. A structure or portion of a structure that does not conform to the regulations and restrictions prescribed for the district where the structure is located, but was permissible under previous provisions of this ordinance or predates this ordinance.

Nonconforming use. A use that does not conform to the regulations and restrictions prescribed for the district where the use is located, but was permissible under previous provisions of this ordinance or predates this ordinance.

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

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

Nursing home. Any facility or any identifiable component of any facility licensed by the state board of health in which the primary function is the continuous provision of nursing services and health-related services for the treatment and inpatient care of four (4) or more nonrelated individuals, including facilities known by varying nomenclature or designation such as convalescent homes, skilled nursing facilities or skilled care facilities, intermediate care facilities, extended care facilities, assisted living and nursing or nursing care facilities.

Official zoning district map. A composite map incorporating a series of smaller sectional and specific maps that designate the location, boundaries and extent of the various zoning districts and properties subject to conditions established in this ordinance; the official zoning district map is located and maintained in the office of the zoning administrator.

One-family dwelling. A structure on a single lot designed as a residence for one (1) family, as defined herein.

Open space. A parcel of land or an area of water or combination thereof, designated and limited within a development site as being intended for the recreational use (passive and active) and enjoyment of the residents, employees, or guests. Open space shall not include streets, alleys, off-street parking or loading areas, or other facilities dedicated as either private or public right-of-way.

Open space amenity. The specific open space area provided to residents, employees, or guests as part of a development for their use and enjoyment. These amenities may be improved or impervious surfaces, such as roof decks, balconies, and private patios, or they may be of unimproved surfaces, provided they are designed to be used and enjoyed by such individuals, as determined by the zoning administrator. The open space amenity shall not be counted toward any green area requirements for the property.

Outdoor material storage. The open air stockpiling of any materials, for use on- or off-site, or for sale, to include, but not be limited to, sand, gravel, pipe, concrete block, the trailers from tractor trailers and/or freight containers (portable, weather-resistant receptacle designed for and used in multi-modal shipment of goods, wares, or merchandise, including receptacles originally designed for the transport of goods but not currently used for such purposes); but not to include equipment or vehicle storage.

Owner. The person vested with the fee ownership or legal title of property; or the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, or lessee having a lease of at least thirty (30) years.

Parking garage/lot, private. Any parcel owned and operated by a private entity, but open to the public, where vehicles are parked for free or for a fee. This includes the term commercial parking lot and commercial parking garage. This does not include vehicle storage.

Parking garage/lot, public. Any parcel owned or operated by a governmental body where vehicles are parked.

Parking lot. Any premises, or space, except such as are defined as a commercial garage, used to park vehicles in compliance with all applicable parking provisions of this ordinance.

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

Park, private. A parcel of land or an area of water or combination thereof, used for primarily outdoor enjoyment which may include such amenities as picnic areas, playgrounds, trails, indoor or outdoor athletic facilities, and nature preserves, which are owned and operated by entities other than a governmental entity to provide active and/or passive recreation for the general public. Open spaces, open space amenities, and active recreation areas, as defined within this ordinance, shall not be considered private parks.

Park, public. A parcel of land or an area of water or combination thereof, used for primarily outdoor enjoyment which may include such amenities as picnic areas, playgrounds, trails, indoor or outdoor athletic facilities, nature preserves, and public open spaces which are owned or operated by a governmental entity to provide active and/or passive recreation for the general public.

Passenger car. Every motor vehicle other than a motorcycle or auto cycle designed and used primarily for the transportation of no more than ten (10) persons, including the driver, except for towed recreational equipment, motorhomes, and commercial vehicles.

Pedestrian level. The area eight (8) feet to fifteen (15) feet high, measured from the base of the building, along a right-of-way.

Pharmaceutical processor. A facility that (i) has obtained a permit from the Board of Pharmacy pursuant to § 54.1-3408.3 of the Code of Virginia and (ii) cultivates cannabis plants intended only for the production of cannabidiol oil or THC-A oil, produces cannabidiol oil or THA-A oil, and dispenses cannabidiol oil or THC-A oil to a registered patient or, if such patient is minor or an incapacitated adult as defined in § 18.2-369 Code of Virginia, such patient's parent or legal guardian.

Physical recreational amenity. Those structures or facilities used primarily for recreation, such as, but not limited to, clubhouses, pools, tennis courts, tot lots and play equipment.

Physical recreational facility. An establishment that operates as a business or membership organization in a building or portion of a building containing space designed and equipped for the conduct of sports, exercise, recreational, or athletic activities, whether or not under instruction, including but not limited to gymnastics, weight lifting, dancing, martial arts, and yoga. This term shall exclude other uses contained within Section 3-2 entitled, "Table of Uses Permitted."

Plan of development. For the purposes of the O-CBP District, process for site plan, subdivision plan, or construction plan review to ensure compliance with O-CBP prior to any clearing or grading of a site or the issuance of a building permit.

Plat. A document, prepared by a registered surveyor or engineer that delineates property lines and shows monuments and other landmarks for the purposes of identifying property.

Porch. Any gallery, veranda, terrace, piazza, portico or similar projection from the main wall of the building covered by a roof and having no side enclosures other than screens or rails.

Portable storage container. A portable, weather-resistant receptacle with storage capacity in excess of one hundred fifty (150) cubic feet, designed and used for the storage or shipment of household goods, wares, building materials or merchandise.

Portico. A roofed space at the entrance to a building whether protruding from or receding into the building.

Primary access. That entry point into a building articulated in such a way as to appear to be the main entrance/front door; in multi-family buildings, this entrance is used to access a central hallway or foyer from which individual units are accessed.

Primary entrance. A ground floor entry that serves as the principal pedestrian entrance and makes use of design elements such as lighting, framing, windows, and overhead coverings that identify it as a primary entrance. Emergency, service, and storage room entrances shall not be considered a primary entrance.

Principal structure. The structure containing the principal use of the lot on which it is situated.

Principal use. The main or primary use of a building or lot.

Private club or lodge (includes fraternal or trade organizations). Buildings and facilities owned or operated by a corporation, association, person or persons for social, service, educational, or recreational purposes of the members and their guests.

Private garage. A detached accessory structure used to park vehicles of occupants of the premises, except that one (1) space may be used for the vehicle of persons not residents of the premises.

Private school. Any establishment operated for the educational and professional instruction of individuals that is not a public school as defined in this chapter, not including colleges or universities.

Private street. A street or right-of-way built and maintained by a private person that may or may not be open to use by the general public.

Proffer. A statement submitted by an applicant listing the proposed proffers or conditions associated with an amendment to the official zoning district map.

Project property line. The boundaries of an entire multi-family, townhouse, or mixed-use development.

Promotional events. Any open air event with the primary purpose of promoting and advertising a commercial establishment or group of establishments or functioning as a fund raising event for a non-profit organization including, but not limited to, small mechanized or animal rides, displays, exhibits, sporting events, give-aways, contests, or any similar events or combinations thereof.

Public school. A pre-elementary, elementary, middle, or high school institution that is operated by a political subdivision of the Commonwealth of Virginia or other governmental entity for the educational and professional instruction of individuals, not including colleges or universities.

Public street. Any dedicated and accepted right-of-way, fifty (50) feet or more in width, or any right-of-way of lesser width that have been dedicated and accepted prior to the adoption of this ordinance.

Rear yard. A yard extending across the full width of the lot and lying between the nearest line of the building and the rear lot line or proposed right-of-way line.

Redevelopment.

The process of developing land that has been previously developed;

For the purposes of the O-CBP District, the process of redevelopment shall result in the same or a lesser amount of impervious surface.

Religious facilities. Places of religious worship such as churches, synagogues, mosques, temples, fellowship halls, etc., or similar places and their appurtenant uses.

Residential streets. Rights-of-way used primarily for access to the abutting residential properties and designed to discourage their use by through traffic.

Resource delineation. A site-specific determination of the boundaries of Chesapeake Bay Preservation District depicted on a physical survey of the site or parcel that is prepared and certified as complete and accurate by a licensed professional engineer, land surveyor, architect or landscape architect licensed to do business in the Commonwealth of Virginia; drawn at a scale of not less than one hundred (100) feet to the inch on a print not greater than twenty-four (24) inches by thirty-six (36) inches to clearly delineate with labels the following, on and adjacent to the development site, unless such components are waived by the zoning administrator:

(a)

Topographic information;

(b)

Tidal shores and tidal wetlands as verified by recent physical survey;

(c)

Non-tidal wetlands delineated accordance with the comprehensive onsite determination method specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, 1987, as it may be amended from time to time (provide U.S. Army Corps of Engineers Jurisdictional Determination);

(d)

Waterbodies with perennial flow as determined by a qualified professional using a state approved, scientifically valid system of in-field indicators of perennial flow; and

(e)

Site-specific boundaries of the RPA, IDA, and RMA as defined in the ordinance and adjusted as necessary as a result of the above-referenced information.

Resource management area (RMA). That component of the O-CBP District that is not classified as the resource protection area. The RMA is comprised of land that is contiguous to the variable width buffer for a distance of one hundred (100) feet in the landward direction.

Resource protection area (RPA). That component of the O-CBP District comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or that are sensitive to impacts which may result in significant degradation to the quality of state waters. Resource protection areas include tidal wetlands; non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; tidal shores; and, a variable width buffer area not less than one hundred (100) feet in width. The variable width buffer area shall be located adjacent to and landward of the components listed above and along both sides of any water body with perennial flow. The buffer area shall be designated as the landward component of the RPA notwithstanding the presence of permitted uses, encroachments, and permitted vegetation clearing in compliance with O-CBP.

Retail alcoholic beverage license. License issued by the Virginia Alcoholic Beverage Control Authority (VA ABC) which allows for the serving and sale of wine, beer, and mixed beverages at restaurants, hotels, convenience stores, grocery stores, gourmet shops, delicatessens and other establishments.

Right-of-way. Every way, lane, road, street, and boulevard and every way or place in the city open as a matter of right to public foot or vehicular travel, regardless of ownership.

Rooming house. A building or premises where lodging is offered for compensation to five (5) or more nontransient residents.

Rotors. In a wind energy system, it is the blade and hub assembly of a wind generator.

Rummage sale. Sale of tangible personal property conducted by a corporation, trust, religious organization, association, community chest, fund, or foundation organized and operated for religious, charitable, scientific, literary, community, or educational purposes.

Salvage or wrecking. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale of dismantled, partially dismantled, damaged vehicles or their parts. This term shall include auto recycler, demolisher, salvage dealer, salvage pool, and vehicle removal operator as defined by Code of Virginia § 46.2-1600, as amended.

Satellite earth stations (or dish antennas). An accessory structure comprised of the combination of (1) antenna or dish antenna whose purpose is to send and/or receive communication or other signals from orbiting satellites and/or other extraterrestrial sources; (2) a low noise amplifier which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; (3) a coaxial cable whose purpose is to carry the signals into the interior of the building.

Scrap metal processor. Any establishment who acquires one or more whole vehicles to process into scrap for remelting purposes who, from a fixed location, utilizes machinery and equipment for processing and manufacturing ferrous and nonferrous metallic scrap into prepared grades, and whose principal product is metallic scrap, as defined by Code of Virginia § 46.2-1600, as amended.

Setback. The prescribed distance between the edge of an improvement (structure, parking lot, etc.) and the respective property line (front, rear or side), creating a yard.

Shelter. Any facility providing temporary or emergency housing for individuals in need, including facilities for the homeless and/or victims of abuse or neglect.

Short-term rental. The provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes to transient residents in exchange for a charge for the occupancy. This term does not include hotel, bed and breakfast, or homestay rental, as defined within this ordinance.

Side yard. A yard extending from the front yard to the rear yard, or to the respective lot line if no such yard exists, and lying between the nearest line of the building and the side lot line or proposed right-of-way line.

Sign. Any structure, wall fixture, object, display, or device that directs attention to or is intended to direct attention to the sign or to an object, product, place, activity, person, institution, organization, or business by means of temporary or permanent written copy, graphics, symbols, figures, fixtures, or projected images. The term shall not include public art; seasonal displays and decorations not advertising a product, service, or entertainment; or architectural features, except those that identify products or services or advertise a business use. The following terms and their definitions apply to the sign regulations in this chapter:

Abandoned nonconforming sign—A sign installed in conjunction with an establishment where the establishment has not been in operation for at least two (2) consecutive years.

Awning/canopy sign—A type of wall sign attached to, printed on, or painted on an awning or canopy.

Banner—A type of temporary sign hung on a building, possessing characters, letters, illustrations or ornamentals applied to plastic or fabric.

Discontinued sign—A sign installed in conjunction with an establishment where that establishment has not operated for a period of at least ninety (90) consecutive days.

Feather sign—-A type of temporary sign that is portable and mounted to one flexible vertical pole, the physical structure of which may resemble a sail, bow, or teardrop, the only movement of which is incidental to the movement of the atmosphere.

Flag—A type of sign made of fabric or other flexible material attached on one side to a flagpole or similar device.

Freestanding sign—A sign that is permanently attached to the ground and not attached to or supported by a building.

Inflatable sign—A type of temporary sign that is located on the ground and which is enlarged or inflated by air or moving gas.

Interstate/arterial sign—A type of freestanding sign located within a 1000' radius of the intersection of the centerline of an interstate highway right-of-way and the centerline of an arterial street right-of-way (as listed in the comprehensive plan) with direct access to that interstate.

Lawn sign—A type of freestanding temporary sign typically supported by a wooden or wire frame.

Monument sign—A type of freestanding sign with a continuous vertical plane extending from the ground to the top of the sign.

Mural—A painted scene or other type of graphic that does not contain any copy and does not provide information concerning the establishment or any product, good or service offered by the establishment.

Nonconforming sign—A sign that does not conform to the regulations and restrictions prescribed for the district where the sign is located, but was permissible under previous provisions of this ordinance or predates this ordinance.

Off premises advertising sign—A sign that directs the attention of the general public to a business, service or activity not conducted or a product not offered or sold upon the premises where the sign is located. Neither freestanding signs nor wall signs permitted in conjunction with establishments located within the boundaries of a business park/shopping center shall be considered off premises advertising signs.

Projecting sign—A type of wall sign attached to a building which projects perpendicularly from the building wall.

Public art—Objects expressing creative skill or imagination in a visual form that do not contain any copy, which are intended to beautify or provide aesthetic influences to public areas or areas which are visible from the public realm, including but not limited to murals, paintings, and sculptures, rather than draw attention to an establishment.

Pylon sign—A type of freestanding sign that is mounted on one or more freestanding pylons or poles.

Roof sign—A sign attached to and extending vertically from the roof of a building.

Sandwich board sign—A temporary, moveable sign consisting of two sign faces placed together at an angle of ninety (90) degrees or less to form an "A"-shaped structure which tapers from a wide base to a narrow top.

Sign area—The larger of that area bounded by the outer extremities of all letters, figures, characters, and delineation, or the outer extremities of the framework or background of the sign; the sign area for a freestanding sign shall be contained in a continuous, unbroken plane or geometric shape. The support for the sign background, whether it be columns, a pylon, a building, minor structural framing, or part thereof which is not intended to draw attention to the sign, shall not be included in the sign area and shall not be used to provide information or identification. When two (2) sign faces are parallel, back to back, continuously enclosed, and not more than thirty-six (36) inches from each other, only one (1) face shall be included in the computation of the sign area; otherwise each sign face shall be included in the computation of sign area.

Sign face—Any side of a sign providing information or identification.

Sign height—The vertical distance measured from the surface grade of the lot to the highest point of the sign.

Temporary sign—A sign displayed for a limited period of time, which is neither permanently installed on the ground nor permanently affixed to a building or structure.

Wall sign—A sign that is permanently attached to, erected, or painted on the outside wall of a structure, or which extends from a building wall, including projecting signs and awning signs.

Window sign—A sign that is attached to, or located behind a window that does not exceed thirty-three (33) percent of the window area.

Silviculture. The bona fide production or harvesting of trees for sale.

Skateboard ramp. A recreational facility consisting of grid boxes, quarter pipes, half pipes, grind rails, fun boxes, fly boxes, decks or ramps used for skateboarding.

Small artisan shop. A business engaged in the sale of goods traditionally produced by craftsmen and artisans that are manufactured or assembled primarily by hand and where the facility includes an area for the crafting of the items being sold.

Small wind energy conversion system (SWECS). Any wind turbine or wind charger that converts wind energy into electricity, including rotors, generators, towers and associated control or conversion electronics that has a maximum power of at most twenty-five (25) Kw which will be used to reduce on-site consumption of utility power.

Solar energy equipment (solar panel). A panel designed to absorb and convert the sun's rays into usable forms of energy.

Special green area. Additional green area adjacent to primary structures where required by the provisions of the O-CBP District - Chesapeake Bay Preservation Overlay.

Storage Facility 1 - A multi-story fully enclosed mixed-use building containing separate storage spaces with internal access to each individual unit which are leased or rented to the general public for storage purposes only.

Storage Facility 2 - A building containing separate storage spaces which are leased or rented to the general public for storage purposes only, are fully enclosed with internal and/or external access to each individual unit, where the storage units are a part of mixed-use either within the building, parcel, or shopping center.

Storage Facility 3 - Indoor and/or outdoor storage spaces which are leased or rented to the general public for storage purposes only. This category may include storage for boats and RVs.

Stormwater. Precipitation that is discharged across the land surface or through conveyances to one (1) or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage.

Story. A story in the context of a building shall be understood to be that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above. A story is measured as the vertical distance from top to top of two (2) successive finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or where there is not a ceiling, to the top of the roof rafters. In the case of one-family, two-family, or duplex dwellings, a habitable attic that does not exceed four hundred (400) square feet and is not greater than two-thirds of the area of the story below, shall not be considered a story.

Street frontage yard. The area between the primary structure, not to include a permitted projection, and a public or private street.

Structure. Anything constructed or erected, requiring location on or in the ground, or attached to something having location on the ground.

Substandard lot. A lot that does not meet the dimensional standards of the zoning district in which it is located, but met the requirements in effect at the time the lot was recorded.

Tattoo parlor. Any establishment placing designs, letters, scrolls, figures, symbols or any other mark upon or under the skin of any person with ink or other substance resulting in the permanent coloration of the skin, including permanent makeup or jewelry, by the aid of needles or any other instrument designed to touch or puncture skin, except when performed by a medical doctor, veterinarian, registered nurse or other medical professional licensed pursuant to title 54.1 of the Code of Virginia in the performance of professional duties. Such establishment may also perform body piercing.

Through lot. A lot having frontage on two (2) approximately parallel streets.

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

Tidal wetlands. Vegetated land lying between and contiguous to mean low water and an elevation above mean low water equal to the factor of one and one-half (1½) times the mean tide range, or nonvegetated land lying contiguous to mean low water and between mean low water and mean high water.

Timeshare dwelling. Any dwelling unit that is owned by a group of owners, each having a limited share in the use of the unit (normally by week or month).

Total wind energy system height. The vertical distance measured from the ground at the base of a tower or pole mounted wind energy system mounting system tower to the uppermost vertical extension of any blade or to the maximum height reached by any part of the wind energy system. This definition shall not apply to a building mounted wind energy system.

Towed recreational equipment. Trailers, trailered vehicles and equipment, utility trailers, boats, jet skis, all-terrain vehicles, single-axle pull-behind campers, and other similar vehicles and equipment.

Townhouse dwelling. A type of multi-family dwelling where each unit has its own front and rear exposure to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common vertical fire-resistant walls.

Transient. Occupancy for periods of not more than thirty (30) days.

Tributary stream. Any perennial stream that is so depicted on the most recent U.S. Geological Survey seven and one-half (7½) minute topographic quadrangle map.

Tuck-under parking. Parking spaces provided on the ground level and accessed at the rear of a building with upper floors of the building creating cover.

Two-family dwelling. A type of multi-family structure on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from the ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell to both dwelling units.

Upper-floor dwelling units. A type of residential mixed-use development where the residential dwellings are located above a nonresidential use. The residents of the upper floor(s) need not be the operators of the nonresidential use or uses below. The residential use shall be limited to no more than four (4) dwelling units. This would include live/work dwellings. The nonresidential use or uses must also be permitted within the applicable zoning district and comply with all relevant standards for the use.

Use. Any purpose for which a structure, lot, or other tract of land may be designed, arranged, intended, maintained, or occupied; or any activity, occupation, business or operation carried on or intended to be carried on in a structure or on a lot.

Use group. One (1) of the four (4) categories of similar or related uses permitted in the various zoning districts:

One-family, multi-family dwellings and community facilities;

Townhouse dwellings;

Commercial uses; and

Manufacturing uses.

Variance. A grant of relief from the terms of this ordinance by the board of zoning appeals of the City of Hampton, as allowed in chapter 13 herein.

Vehicle sales, new vehicle inventory lot. In conjunction with new vehicle sales, any premises or space exposed to the weather used for the storage of new vehicles, boats, and recreational vehicles.

Vehicle repair, heavy. Repair shops whose work requires dismantling pieces of a vehicle for repair. Typical services may include light vehicle repair, collision repair; engine or transmission work requiring removal and/or replacement of all or part of the engine or transmission; and replacement of items such as doors and bumpers. Such work often takes days or weeks to complete. This term shall include rebuilder as defined by Code of Virginia § 46.2-1600, as amended.

Vehicle repair, light. Repair shops whose work is routine to vehicle maintenance and does not require dismantling pieces of a vehicle. Typical services may include oil change, tire repair, rotation, or replacement; and glass repair or replacement. Such work often takes only hours to complete.

Vehicle storage, indoor. Any premises used for the storage of vehicles or their parts within a wholly enclosed building, which shall not include any outdoor storage of vehicles or their parts. This term may include vehicle removal operator indoors only as defined by Code of Virginia § 46.2-1600, as amended. This term shall not include outdoor new car inventory storage area, or salvage or wrecking as defined by Code of Virginia § 46.2-1600, as amended.

Vehicle storage, outdoor. Any premises or space exposed to the weather used for the storage of non-damaged vehicles, but not their parts. If vehicles are stored on site, this term shall not include vehicle removal operator as defined by Code of Virginia § 46.2-1600, or salvage or wrecking as defined by Code of Virginia § 46.2-1600, as amended.

Veterinarian office or hospital. An establishment used for the care, diagnosis, and treatment of sick, ailing, infirm, or injured animals and preventive care for healthy animals under the supervision of a duly licensed veterinarian. The use may include animal grooming services, animal day care, animal kenneling, and limited retail sales of pet-related merchandise if they are clearly incidental and accessory in nature.

Water area. Area of ponds, lakes, rivers, streams, or other impounded water bodies and associated marshlands and wetlands.

Water-dependent facility. A development of land that cannot exist outside of the resource protection area and must be located on the shoreline by reason of the nature of its operation, such as ports, the intake and outfall structure of power plants, water treatment plants, sewage treatment plants and storm sewers, marinas and other boat docking structures, not to include office, showrooms or other sales areas, beaches and other public water-oriented recreation areas, and fisheries and similar marine resources facilities.

Water quality impact assessment, major. A major water quality impact assessment shall include:

(a)

A resource delineation;

(b)

A water quality impact assessment meeting the requirements of section 33.2-12 of the city code, except that, in consultation with the director or public works or his designee, the zoning administrator may waive certain requirements of section 33.2-12; and

(c)

Additional materials as may be required by the zoning administrator.

Water quality impact assessment, minor. A minor water quality impact assessment shall include:

(a)

A resource delineation; and

(b)

An analysis of impact to water quality from the proposed development. For the purpose of a minor water quality impact assessment, impacts to water quality from proposed development are assumed to be offset by buffer establishment, replacement, and restoration methods outlined in Chapter 5.1 of the Virginia Department of Environmental Quality Riparian Buffers Modification and Mitigation Guidance Manual.

Warehouse/distribution center - A structure containing raw materials or manufactured goods that are stored before export and/or distribution for sale.

Wind energy system setback. The distance from the base of the structure, tower, pole or building upon which the wind energy system is mounted to a public right-of-way, overhead public utility line or lot line, whichever is closest.

Wind energy system. Equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire or other component used in the system.

Wind energy system, hybrid system. An energy system that uses more than one (1) technology to produce energy or work (for example, a wind-solar system).

Workforce development center. A facility for employment training or counseling.

Yard. An open space, other than a hard surface court on the same lot with a building or group of buildings, that lies between the building or group of buildings and a lot line, and is unoccupied or unobstructed from the ground upward except for walls and fences as may be permitted by the zoning district where the lot is situated.

(Ord. No. Z15-09, 6-10-2015; Ord. No. Z15-18, 10-14-2015; Ord. No. Z16-05, 4-13-2016; Ord. No. Z16-10, 6-8-2016; Ord. No. Z16-13, 7-13-2016; Ord. No. Z16-16, 10-12-2016; Ord. No. Z17-03, 12-13-2017; Ord. No. Z18-04, 1-10-2018; Ord. No. Z18-5, 3-14-2018; Ord. No. Z18-12, 9-26-2018; Ord. No. Z19-13, 4-10-2019; Ord. No. Z19-15, 9-11-2019; Ord. No. Z20-04, 2-26-2020; Ord. No. Z20-08, 6-10-2020; Ord. No. Z20-10, 7-8-2020; Ord. No. Z20-12, 7-8-2020; Ord. No. Z20-14, 7-8-2020; Ord. No. Z20-17, 9-9-2020; Ord. No. Z20-20, 9-9-2020; Ord. No. Z20-23, 10-14-2020; Ord. No. Z20-26, 11-12-2020; Ord. No. Z21-01, 2-10-2021; Ord. No. Z21-03, 8-11-2021; Ord. No. Z21-05, 8-11-21; Ord. No. Z21-10, 11-10-2021; Ord. No. Z22-0003, 1-12-22; Ord. No. Z22-0004, 2-9-2022; Ord. No. Z22-0007, 4-13-2022; Ord. No. Z22-0012, 12-14-2022; Ord. No. Z23-0002, 5-24-2023; Ord. No. Z24-0006, 2-14-2024; Ord. No. Z24-0009, 5-8-2024; Ord. No. Z24-0015, 6-12-2024; Ord. No. Z24-0019, 8-14-2024)