This Ordinance shall be known as the Zoning Ordinance for Hanover County, Virginia.

(Ord. No. 12-08, § 3, 1-9-13)

This Ordinance shall apply to all property located within Hanover County, Virginia, except for those properties located entirely within the Town of Ashland

(Ord. No. 12-08, § 3, 1-9-13)

The zoning regulations and districts as herein established have been made in accordance with a comprehensive plan, to promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity, and general welfare of the citizens of Hanover County, Virginia, and to provide for efficiency and economy in the process of development, for the appropriate and best use of land, for convenience of traffic and circulation of people and goods, for the appropriate use and occupancy of buildings, for healthful and convenient distribution of population, for protection against overcrowding of land, undue density of population in relation to the community facilities, existing or available, obstruction of light and air, or destruction of or encroachment upon historic areas, to encourage good civic design and arrangement to facilitate the creation of a convenient, attractive and harmonious community, and for adequate public utilities, public services and facilities, by regulating and limiting or determining the height and bulk of buildings and structures, the area of yards and other open spaces, and the density of use. They have been made with reasonable consideration, among other things, for the existing use and character of property, to the character of the district and with a view to conserving natural resources and the value of land and buildings and encouraging the most appropriate use of land throughout the unincorporated territory of Hanover County, Virginia.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

The provisions of this Ordinance shall be interpreted and applied to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended that this Ordinance shall interfere with, or abrogate or annul any easements, covenants, or other agreement between parties; provided, that where this Ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger conservation area or open space than are imposed or required by other resolutions, ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this Ordinance shall govern.

(b)

The Planning Director shall maintain copies of graphics, pictures, illustrations and drawings in order to assist the public in understanding and applying the regulations. To the extent practical, these graphics, pictures, illustrations and drawings shall be posted to the County's website and otherwise made accessible to the public. To the extent that there is any inconsistency between the text of the Zoning Ordinance and any such graphic, picture, illustration or drawing, the text shall control unless otherwise provided in the specific section.

(Ord. No. 12-08, § 3, 1-9-13)

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 "and" indicates that all connected provisions or conditions are applicable. The word "or" indicates that one or more of the connected provisions or conditions are applicable.

5.

All regulations applicable to buildings shall be applicable to structures unless otherwise stated herein.

6.

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

(Ord. No. 12-08, § 3, 1-9-13)

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

Accessory building: A building, the use of which is subordinate to the principal use and clearly incidental to or customarily found in connection with, and located on the same lot as (except as otherwise provided in this Ordinance), the main building or principal use of the land.

Accessory housing unit: A living unit ancillary or secondary to a single-family dwelling that has its own residential kitchen, bathroom, and sleeping area. An accessory unit may be one (1) of the following:

1.

Attached: Where the accessory housing unit exists within or attached to the main structure, but separate from the primary living area within the main structure.

2.

Detached: Where the accessory housing unit is detached from the main structure.

Unless the regulations indicate otherwise, references to "accessory housing unit" shall include attached accessory housing units and detached accessory housing units.

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, unless the district regulations permit another location for the accessory use (off-site accessory parking facilities). When the term "accessory" is used in this Ordinance, it shall have the same meaning as "accessory use."

Active recreation areas: Areas or facilities within a zoning district that are located, designed or specifically improved to provide physical and recreational opportunities to the residents of the district and their guests. Active recreation areas include, but are not limited to, the following:

1.

Walking trails (including sidewalks and pedestrian paths that are linked with trails to complete a defined circuit and any exercise equipment or stations adjacent to the walking trails);

2.

Horse trails;

3.

Bicycle paths;

4.

Picnic areas (which shall include picnic tables, shelters, trash receptacles, or areas for outdoor cooking);

5.

Water features, including lakes and ponds, improved for uses such as swimming, boating or fishing; and

6.

Natural areas improved to provide active recreation opportunities.

Active recreation facilities: Areas or facilities within a zoning district that are located, designed or specifically improved to provide physical and recreational opportunities to the residents of the district and their guests. Active recreation facilities include, but are not limited to, the following:

1.

Clubhouses

2.

Walking trails (including sidewalks and pedestrian paths that are linked with trails to complete a defined circuit and any exercise equipment or stations adjacent to the walking trails);

3.

Horse trails;

4.

Bicycle paths;

5.

Picnic areas (which shall include picnic tables, shelters, trash receptacles, or areas for outdoor cooking);

6.

Playgrounds and tot-lots;

7.

Swimming pools;

8.

Tennis, basketball and multi-purpose courts;

9.

Water features, including lakes and ponds, improved for uses such as swimming, boating or fishing; and

10.

Natural areas improved to provide active recreation opportunities.

Adult day care center: A facility that provides supplementary care and protection during only a part of the day to four (4) or more aged, infirm or disabled adults who reside elsewhere, other than the home or residence of an individual who cares for only persons related to him by blood or marriage.

Agricultural animals: All livestock and poultry.

Agricultural and forestal support center: A facility whose principal function is to provide support to local agriculture and forestry by one of the following:

1.

A truck terminal where the goods, products, cargo or other materials are delivered to or from farms and forestry operations. Fueling, servicing, maintenance, and storage of trucks may be allowed as incidental to the terminal use, but such services shall not be available to the general public.

2.

The sale or distribution of supplies, such as fertilizer or seed, to be used on farms.

3.

The sale or repair of farm machinery and equipment.

The term "agricultural and forestal support center" shall not include retail sales of farm products to the general public.

Alley: A public or private way affording secondary means of access to abutting properties.

Alteration: (See Structural alteration).

Animal pound: An enclosure maintained by the Commonwealth, the County, or any agent of the Commonwealth or the County, for confining stray or homeless animals.

Apartment: A part of a building comprised of dwelling units.

Assisted living facility: Any congregate residential setting that is licensed by the appropriate agency and that provides or coordinates personal and health care services, twenty-four-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of adults who are aged, infirm or disabled and who are cared for in a primarily residential setting. The following shall not be considered an "assisted living facility":

1.

A facility or portion of a facility licensed by the state board of health or the state department of behavioral health and developmental services;

2.

The home or residence of an individual who cares for or maintains only persons related to him by blood or marriage;

3.

A facility or portion of a facility serving infirm or disabled persons between the ages of eighteen (18) and twenty-one (21), or twenty-two (22) if enrolled in an educational program for the handicapped pursuant to Title 22.1 of the Code of Virginia, when such facility is licensed by the state department of social services as a children's residential facility; and

4.

Any housing project for persons sixty-two (62) years of age or older or the disabled that provides no more than basic coordination of care services and is funded by the U.S. Department of Housing and Urban Development, by the U.S. Department of Agriculture, or by the state housing development authority.

For the purposes of this definition, "maintenance or care" means the protection, general supervision and oversight of the physical and mental well-being of an aged, infirm or disabled individual.

For the purposes of this ordinance, assisted living facilities in which no more than eight (8) aged, infirm or disabled persons reside, with one (1) or more resident counselors or other staff persons, and for which the state department of social services is the licensing authority shall be considered residential occupancy by a single family.

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

Basement: A story partly underground and having at least one-half of its floor to ceiling height above average finished grade.

Bed and breakfast: A use which is subordinate to the principal use of dwelling unit as a single-family unit which is owner-occupied; such use shall include the provision of lodging on a nightly basis for periods of less than two (2) weeks. Not more than one meal daily may be provided in connection with the provision of sleeping accommodations. No use which offers food or beverage for compensation to any persons other than transient guests being accommodated therein shall be defined as a "bed and breakfast."

Block: Property fronting on one side of a street or road lying between two intersecting streets or roads or otherwise limited by public land, railroad right-of-way, waterways, an unsubdivided tract of land, or other physical barrier of such nature as to interrupt the continuity of the development.

Board: The Board of Supervisors of Hanover County.

Brewery: A facility that produces and sells more than 15,000 barrels of beer or other malt liquors per year and which requires a license from the Virginia Department of Alcoholic Beverage Control. For the purposes of this definition, a barrel shall mean a container designed to hold thirty-one gallons.

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

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

Building: Any structure having a roof supported by columns or walls, which is intended to house persons or animals or store personal property.

Building, completely enclosed: Any building having no outside openings other than ordinary doors, windows and ventilators.

Building, height of: The vertical distance from the average finished grade at the front building line to the highest point of the eaveline.

Building, main: The building(s) in which the principal use(s) is located.

Building, multiple-use: A building in which two or more uses are located.

Bulk: The size and shape of a building or structure and its relationship to other buildings, the lot area for a building, and to open spaces and yards.

Canopy: A detachable, roof-like cover, supported from the ground, or deck, floor, or walls of a building, for protection from sun and weather.

Cellar: A building story having at least one-half of its floor to ceiling height below average finished grade.

Child day care center: A child day program offered to:

1.

Two (2) or more children under the age of thirteen (13) in a facility that is not the residence of the provider or of any of the children in care; or

2.

Thirteen (13) or more children under the age of thirteen (13) at any location.

Children's residential facility: Any facility, child-caring institution, or group home that is maintained for the purpose of receiving children separated from their parents or guardians for full-time care, maintenance, protection and guidance, or for the purpose of providing independent living services to persons between eighteen (18) and twenty-one (21) years of age who are in the process of transitioning out of foster care. The following shall not be considered a children's residential facility:

1.

Licensed or accredited educational institutions, including those whose pupils, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than two months of summer vacation;

2.

Summer camps; and

3.

Licensed or accredited hospitals.

4.

Any community correctional facility, local correctional facility, state correctional facility or other facility operated by the state department of juvenile justice or department of corrections.

Clean earth fill: Fill that consists of any soil material that occurs naturally on the surface of the earth which can be dug, plowed, or planted, that can be classified as a soil in accordance with the "Unified Soil Classification System," which contains less than twenty-five (25) percent rock fragments greater than three inches in diameter, and that contains less than five (5) percent by volume of root or woody material. Clean earth fill shall be free of:

1.

Any contaminants in toxic concentrations or amounts in accordance with all applicable laws and regulations; and

2.

Construction debris and demolition waste including asphalt, concrete and other materials not found in naturally occurring soils.

Clinic: An establishment where human patients who are not lodged overnight are admitted for examination or treatment by physicians or dentists.

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 motor vehicle: Any motor vehicle, vehicle or combination of vehicles used to transport passengers or property for compensation or that is used in a commercial or profit-making activity.

The following shall be excluded from the definition of commercial motor vehicle:

1.

Any vehicle used by individuals solely for their own personal purposes, such as personal recreational activities;

2.

Any vehicle operated by a farmer, whether or not it is owned by the farmer, and which:

a.

Is used exclusively for farm use;

b.

Is used to transport agricultural products, farm machinery or farm supplies to or from a farm;

c.

Is not used in the operation of a common or contract motor carrier; and

d.

Is used within one hundred fifty (150) miles of the farmer's farm;

3.

Any vehicle operated for military purposes by:

a.

Active duty military personnel;

b.

Members of the military reserves;

c.

Members of the national guard on active duty; and

d.

Active duty U.S. Coast Guard personnel;

4.

Emergency equipment operated by a member of a firefighting, rescue, or emergency entity in the performance of his official duties; and

5.

School buses.

Common open space: All land within a development, excluding public streets and rights-of-way and private lots, held either by the owner/developer, or an individual corporate owner whose members shall be all property owners within the subdivision, townhouse or commercial development.

Companion animals: Any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person. Agricultural animals, game species, or any animals regulated under federal law as research animals are not considered companion animals.

Condominium: A system of separate ownership of individual units in a multiple-unit building or development of residential, commercial, or industrial uses; all owners have a right in common to use the common elements of the building or development with separate ownership confined to the individual units as provided for in the Code of Virginia.

Conservation area: Required open space within a development that may include common open space, preservation lots, or both.

Controlled airspace: The three-dimensional space within an APO Airport Protection Overlay District consisting of the following:

1.

The space above the surface longitudinally centered on the 5,400 foot runway and extending for:

a.

Two hundred (200) feet beyond each end of the runway; and

b.

Two hundred fifty (250) feet on each side of the runway centerline (hereinafter referred to as "the primary surface"); provided that the elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline;

2.

The space above the surfaces longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface as follows:

a.

Expanding outward uniformly from a width of five hundred (500) feet at the end of the primary surface until the boundary of the APO Airport Protection Overlay District; and

b.

Extending upward at a slope of 34 to 1 from the end of the primary surface until the boundary of the APO Airport Protection Overlay District (hereinafter referred to as "the approach surfaces"); and

3.

The space above the surfaces that extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces.

Convalescent home: See Nursing home.

Convenience store: A retail business designed and intended to serve the frequent shopping needs of the immediate surrounding population which is characterized by a rapid turnover of customers and high traffic generation. The store generally includes grocery, dairy, bakery, snack, beverage, tobacco, health and beauty, and confectionery items, and may include prepared foods to be consumed on or off of the premises, produce, and general merchandise. Gasoline sales are only permitted when authorized by the applicable district regulations.

Courtyard: An enclosed area, generally open to the sky, which may or may not have direct street access and around which is arranged a single building, a group of related buildings, or a wall.

Craft brewery: A facility that produces and sells no more than 15,000 barrels of beer or other malt liquors per year and which requires a license from the Virginia Department of Alcoholic Beverage Control. For the purposes of this definition, a barrel shall mean a container designed to hold thirty-one gallons.

Dam break inundation zone: The area located downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam. Pursuant to the Code of Virginia, an owner of an impounding structure is required to prepare a map of this zone and file the map with the Department of Conservation and Recreation and the County.

Day nursery: A child day program offered in the residence of the provider or the home of any of the children in care serving five (5) through twelve (12) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home, when at least one (1) child receives care for compensation; provided, no day nursery shall care for more than four (4) children under the age of two (2), including the provider's own children and any children who reside in the home, unless the day nursery is licensed or voluntarily registered with the Virginia Department of Social Services.

Director: The Director of Planning of Hanover County or his designee.

District: Any area of Hanover County that is subject to specific uniform zoning regulations.

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.

Domestic employees' quarters: Living quarters within a portion of a dwelling or in an accessory building located on the same lot with the dwelling, used for individuals employed on the premises, and not rented or otherwise used as a separate dwelling.

Dry cleaner: A place of business where clothes or other household articles are dropped off and picked up by customers for cleaning and pressing, which may occur on-site or at a different location.

Dry cleaning plant: A place of business where clothes, household articles, or other textile items are transported from off-site and are cleaned and pressed (i) in bulk, for the general public, or (ii) for commercial customers.

Dwelling: A building or portion of a building, designed or used exclusively for residential occupancy, but not including trailers, recreational vehicles, mobile homes, hotels, motels, motor lodges, boarding and lodging houses, tourist courts, or tourist homes.

Dwelling, attached: A building, or a portion of a building, designed for or occupied by two (2) or more families living independently of each other, with each unit being separated by a vertical party wall and having a separate exterior entrance.

Dwelling, detached: A freestanding building designed for or occupied by one (1) family, with no walls in common with another dwelling unit.

Dwelling, multiple-family: A building designed for or occupied exclusively by two (2) or more families living independently of each other with units separated horizontally, or with five (5) or more units in one (1) building.

Dwelling, single-family: A building designed for or occupied exclusively by one family.

Dwelling unit: Within a dwelling, one (1) or more rooms connected together and occupied (or designed to be occupied) as a single housekeeping unit with a residential kitchen, bathroom, and sleeping area, for owner occupancy or rental for periods of thirty (30) consecutive days or more, located in the principal structure and not accessory buildings.

Equestrian facility: A facility designed and intended for the display of equestrian skills and the hosting of events including, but not limited to, show jumping, dressage, rodeos, and similar equestrian disciplines. Such facilities may be open to the public, may be lighted, and may be developed in conjunction with a public stable or developed separately.

Family: An individual or two (2) or more persons who are related by blood, marriage, adoption or legal guardianship, living together and occupying a single dwelling unit with a single residential kitchen, and a secondary kitchen, if permitted, or a group of not more than four (4) persons living together by joint agreement and occupying a single dwelling unit with a single residential kitchen, and a secondary kitchen, if permitted, on a nonprofit, cost-sharing basis. Domestic employees, employed and residing on the premises, shall be considered part of the family.

Family day home: A child day program offered in the residence of the provider or the home of any of the children in care for one (1) through four (4) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home, when at least one (1) child receives care for compensation; provided, no family day home shall care for more than four (4) children under the age of two (2), including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered with the Virginia Department of Social Services.

Farm: Any tract of land, five (5) acres or larger in size, exclusive of the house site, whose primary use is for the raising of agricultural, horticultural, floricultural or silvicultural products. A farm may include facilities consistent with the sale of products raised on the property.

Farm building or structure: A building or structure that is not used for residential purposes, is located on property used as a farm, and is used primarily for any of the following uses or combination thereof:

1.

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

2.

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

3.

Business or office uses relating to the operation of the farm;

4.

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

5.

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

6.

Implementation of best management practices associated with farm operations.

Farmers' market: A public market at which farmers and other vendors may conduct the retail sale of fresh fruits, vegetables, and other food and related items, but not including livestock. Sale locations may be indoor or outdoor, occupied by several different temporary tenants on a short-term or daily basis. The term "farmers' market" does not include retail sales on a farm property that only include farm products raised on the farm or on other properties owned by the owner of the farm.

Floodplain: Any area delineated by the U.S. Corps of Engineers, or county engineer, subject to inundation by storms, the severity of which are expected to occur once every one hundred (100) years.

Floor area:

(a)

Non-residential buildings or buildings containing mixed uses: The sum of the gross horizontal area of each floor of a building or structure, measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings, but not including:

1.

Attic space providing headroom of less than seven (7) feet;

2.

Basement or cellar space not in use;

3.

Uncovered steps or fire escapes;

4.

Accessory water towers;

5.

Accessory off-street parking areas; and

6.

Accessory off-street loading spaces.

(b)

Residential buildings: The sum of the gross horizontal areas of each floor of a dwelling, exclusive of garages, basements, cellars, open porches and balconies, measured from the exterior faces of the exterior walls.

Floor area ratio (FAR): The number resulting from dividing the gross floor area of all buildings on a zoning lot by the lot area.

Foster home: The place of residence of any natural person in which any child, other than a child by birth or adoption of such person, resides as a member of the household.

Fuel alcohol distillery, noncommercial: A facility for the distillation of alcohol for use as a fuel by the owner of the parcel whereon the facility is located, but not including the distillation of alcohol for nonfuel use and not including the distillation of alcohol for sale.

Fueling station, fleet: A place of business with fuel pumps and underground storage tanks, having as its purpose the sale of motor vehicle fuels or oils, generally by contract and at wholesale, or the fueling of motor vehicles directly associated with a commercial establishment. The following shall be excluded from the definition of "fleet fueling station":

1.

Fueling areas on the site of a business for the purpose of servicing its own fleet of motor vehicles, and

2.

A truck stop, as defined in this Ordinance.

Fueling station, retail: A place of business with fuel pumps and underground storage tanks, having as its primary purpose the sale of motor vehicles fuels to the public. The sale of propane or kerosene, minor automobile repair services, and incidental services including facilities for lubricating, hand washing and cleaning may be permitted as an accessory use. Storage tanks for propane or kerosene may be located above-ground. A store associated with automobile fuel sales shall be considered a retail fueling station. A truck stop, as defined in this Ordinance, shall not be considered a retail fueling station.

Garage, private: A garage used for storage purposes only and having a capacity of not more than four (4) automobiles. Space therein may not be used for more than one commercial vehicle.

General contractor and repair shops: A place of business used for the contracting for, or providing materials or labor, for repairs, improvements and additions to residential or commercial buildings (including accessory buildings), where such services are done for compensation. Services that are provided by general contractor and repair shops include, but are not limited to, the installation, repair and maintenance of the following:

1.

Air conditioning and heating;

2.

Carpentry;

3.

Chimney;

4.

Decks;

5.

Driveways;

6.

Drywall installation;

7.

Electrical;

8.

Fences;

9.

Fireplaces;

10.

Gas fitting;

11.

Landscape irrigation;

12.

Plumbing;

13.

Painting;

14.

Roofing;

15.

Siding;

16.

Upholstery; and

17.

Water well and septic tanks.

Grade: Grade elevation shall be determined by averaging the elevations of the finished ground at all corners or other principal points in the perimeter wall of the structure.

Gross acreage: The acreage of a site in its entirety, including areas for public and private roads, and floodplains.

Guest house: Living quarters within a detached accessory building located on the same zoning lot with the main building, for use by temporary guests of the occupants of the main building. Such quarters shall not have a separate utility meter and shall not be rented, leased, sold, or otherwise used as a separate dwelling. For the purposes of this definition: "temporary" shall mean not more than ninety (90) days in one (1) calendar year; and "guest house" shall include pool houses, but shall not include manufactured homes.

Hanover County Airspace Map area: The area around the Hanover County Airport for which standards and notification requirements for objects affecting navigable airspace are applicable. This area is generally shown on the Public Works Facilities Plan in the Hanover County Comprehensive Plan and specifically shown on a map entitled "Hanover County Airspace Map," which is made a part hereof and a copy of which shall be maintained in the offices of the Planning Department.

Historic site: A building or structure or an area containing buildings, structures, remnants of historic structures, archaeological features, or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.

Home center: A retail business primarily engaged in the sale to contractors and the public of a general line of new home repair and improvement materials and supplies, such as lumber, plumbing goods, electrical goods, appliances, tools, housewares, hardware, and lawn and garden supplies, with no one merchandise line predominating. The merchandise lines are normally arranged in separate departments.

Home craft: The creation or assemblage of products requiring special skill or dexterity, such as, but not limited to, pottery, model making, or weaving, provided such products are made using machinery or equipment which is customary for purely domestic household purposes.

Home craft shop: The conduct of retail sale of crafts made incidentally to and secondarily to the use of the premises as a residence.

Home occupation: Any occupation, profession, enterprise or activity conducted by one (1) or more members of a family, which is incidental and secondary to the residential use of the premises by the family, including the following uses and those with similar land use characteristics:

1.

Professional offices, including offices for a physician, dentist, lawyer, engineer, architect, accountant, salesman, real estate agent, insurance agent, or other similar occupation.

2.

Personal service establishments (other than tattoo parlors and body piercing establishments), photographers, or other similar occupations.

3.

Instructional service businesses, including music instruction, limited to no more than two (2) pupils at one time.

4.

Home craft businesses, including pottery, model making, weaving, dressmaking, furniture making, and artists and sculptors, provided such products are made using machinery or equipment which is customary for purely domestic household purposes.

5.

Business offices, including offices for building trades, provided that the conduct of any phase of the trade on the property is prohibited.

6.

Retail sales in the A-1, Agricultural District, provided that a special exception permit has been approved by the Board prior to commencement of such a use, and that such sales occur in accordance with the standards specified in section 26-279.

A home occupation shall not be interpreted to include the conduct of nursing homes, convalescent homes, rest homes, restaurants, tea rooms, tourist homes, massage parlors, or similar establishments offering services to the general public; nor shall such uses as automobile, motorcycle, or truck repair, body work, painting, or other similar uses, be included.

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 operation.

Hotel or motel: Any place offering to the public for compensation. transitory lodging or sleeping accommodations, overnight or otherwise, including but not limited to facilities known by varying nomenclatures or designations as hotels, motels, travel lodges, tourist homes, hostels, and rooming, boarding or lodging houses. A hotel or motel may include restaurants, taverns or club rooms, public banquet halls, ballrooms and meeting rooms.

Industrial gases: Acetylene, argon, carbon dioxide, carbon monoxide, helium, hydrogen, nitrogen, nitrous oxide, oxygen, and other similar elemental inert gases.

Interior drive: the aisles used in a parking area to provide for circulation within the parking area. The term "interior drive" shall not include the area within a "private access drive."

Junkyard: An establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, including garbage dumps and sanitary fills.

Kilowatt (KW): A unit of power equal to one thousand (1,000) watts.

Kitchen, residential or residential kitchen: Any single room within a dwelling unit that contains a cooking oven (other than a microwave oven) or gas or electric burners for cooking food, and two (2) or more of the following items:

(1)

A stove or cook top;

(2)

A microwave oven;

(3)

An electrical supply of two hundred twenty (220) volts or more;

(4)

A sink with a drain one (1) inch in diameter or larger;

(5)

A garbage disposal;

(6)

A dishwasher; and

(7)

A refrigerator or freezer.

Kitchen, secondary or secondary kitchen: a kitchen which is secondary to a residential kitchen within a single-family detached dwelling and used for the preparation and cooking of food.

Laundromat: A building or part thereof designed primarily for the washing of clothes or other household articles in self-service machines. A laundromat may have equipment for the drying or ironing of clothes and articles after they have been washed and may offer laundry services by employees on a limited basis.

Laundry and linen services: A business that launders, washes or otherwise cleans (including, without limitation, dry-cleaning processes) clothes, uniforms, diapers, towels, sheets, linens, rugs or other textile items, (i) in bulk, for the general public, or (ii) for commercial customers.

Livestock: All domestic or domesticated: bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama; ratites; enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber, except companion animals.

Livestock auction market: A commercial establishment wherein livestock is collected for sale and auctioned off.

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

Lot: Any piece of land described by metes and bounds in a recorded deed or on a subdivision plat of record, provided that each division of a lot, as described above, resulting from establishment of a right-of-way for the purpose of construction of a road, highway, interchange, or other facility included in the state or federal highway system, or from construction of a railroad, shall be considered a separate lot.

Lot area: The gross acreage of the property less the acreage of public and private roads, unless otherwise specified in this Ordinance, and excepting lots within the A-1, Agricultural District. In all districts other than A-1, Agricultural, and AR-6, Agricultural Residential, the acreage in floodplains shall not be included in lot area. In the A-1, Agricultural District, acreage in floodplains and within rights-of-way for private roads shall be included in lot area.

Lot, corner: A lot abutting upon two (2) or more streets at their intersection.

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 (2) roads.

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

Lot line, front: The line separating the lot from the public or private road (or access easement when the property does not adjoin a public or private road). On a corner lot in residential districts, the front lot line shall be along the shorter dimension of the lot; and where the dimensions are equal, the front lot line shall be along the road 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 which has been recorded in the office of the Clerk of the Circuit Court of Hanover County.

Lot width: The horizontal distance between the side lot lines, measured as specified in applicable zoning districts.

Lot, zoning: A single tract of land located within a single block which is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. A "zoning lot" shall be comprised of "lots of record," and its boundaries shall coincide with lot lines previously recorded by plat or deed.

Major thoroughfare: A road or highway so designated on the Major Thoroughfare Plan of Hanover County.

Manufactured home: A structure subject to Federal regulations, which is transportable in one 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 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.

Manufacturing: The processing or converting of raw unfinished materials or products, or either of them, into articles or substances of different character, or for a different purpose.

Megawatt (MW): A unit of power equal to one million (1,000,000) watts.

Miniature golf: A facility for golf designed on a miniaturized scale and which may include accessory structures in which an accessory office, snack bar, facility for the retail sale of golf-related items and supplies, and video games or a video arcade may be located.

Mulch: Woody waste consisting of stumps, trees, limbs, branches, bark, leaves and other clean wood waste which has undergone size reduction by grinding, shredding, or chipping for landscaping purposes or other horticultural uses. The term "mulch" shall not include composting as defined and regulated by the Virginia Administrative Code.

Mulch processing facility: A facility at which raw materials are processed into mulch for sale or distribution, either on-site or elsewhere, to the general public.

Multiple-use structure: A building that is used for commercial or light industrial and residential purposes.

Net acreage: The gross acreage of the district minus the total of Chesapeake Bay Resource Protection Areas and areas of "steep slopes," as defined herein.

Nonconforming lot: An otherwise legal lot that does not conform to the minimum area or width requirements of this Ordinance for the district in which it is located, either at the effective date of this Ordinance or as a result of subsequent amendments to the ordinance.

Nonconforming sign: A sign that, when erected, was in conformity with zoning regulations related to dimensions, location, structural support, lighting but which, at the effective date of this Ordinance or as a result of subsequent amendments to this Ordinance, is not in compliance with current zoning regulations.

Nonconforming structure: A building or structure that, when constructed, conformed with the height, area or bulk regulations of this Ordinance for the district in which it is located but which, at the effective date of this Ordinance or as a result of subsequent amendments to this Ordinance, is not in compliance with current zoning regulations.

Nonconforming use: The legal use of a building or structure or of a tract of land that does not conform to the use regulations of this Ordinance for the district in which it is located, either at the effective date of this Ordinance or as a result of subsequent amendments to this Ordinance.

Nursing home, convalescent home and rest home: An establishment used as a dwelling place by the aged, infirm, chronically ill, or incurably afflicted persons, in which not less than three (3) persons live or are kept or provided for on the premises for compensation, excluding clinics and hospitals and similar institutions devoted to the diagnosis, treatment or care of the sick or injured. An "assisted living facility" shall not be considered to be a "nursing home, convalescent home and rest home."

Outdoor music or entertainment festival: A gathering of individuals out-of-doors and not within an enclosed structure:

1.

For the purpose of listening to or participating in entertainment which consists primarily of amplified musical renditions conducted out-of-doors and not within an enclosed structure; and

2.

For which a charge is imposed for admission to the activity.

The term "outdoor music or entertainment festival" shall not include any such gathering conducted within the confines of a family theme or recreation park, wherein nonmusical entertainment is provided on a regular basis, or within a county-owned park.

Parking area, off-street. The total area on-site with an all-weather surface usable for the access, storage, circulation, and display of vehicles, whether or not required by the provisions of this ordinance. For the purpose of landscaping requirements, area on-site used for the storage of vehicles either used in the business or awaiting sale or lease, when properly screened in accordance with the standards specified in section 26-263, and area located under canopies or other roof extensions or within required buffers shall not be included as parking area.

Parking space, off-street: An all-weather surface area, not located in a street or alley, permanently reserved for the temporary storage of one vehicle, and connected with a street or alley by a surfaced driveway which, for all nonresidential uses, affords ingress and egress for an automobile without requiring another vehicle to be moved.

Party wall: A separating barrier wall common to two (2) or more adjacent dwellings consisting of a common wall designed, used, or adapted for joint service.

Passive recreation areas: Areas or features within a zoning district that are located and designed to provide inactive recreational opportunities to the residents of the district and their guests. Passive recreation areas include, but are not limited to, the following:

1.

Greenspaces and natural areas;

2.

Landscape features such as gazebos, fountains or gardens; and

3.

Water features, including lakes and ponds, not improved for uses such as swimming, boating or fishing.

Pedestrian path: A walkway provided for pedestrian circulation within and among developments. The term "pedestrian path" shall also include sidewalks.

Personal service establishment: An establishment primarily engaged in the provision of individual services generally related to personal needs, including barber shops, beauty shops, nail salons, tanning salons, establishments providing physical therapy or therapeutic massage, health spas, tattoo parlors, and body piercing establishments.

Pet shop or animal grooming establishment: A place of business where:

1.

Companion animals are bought, sold, exchanged, or offered for sale or exchange to the general public; or

2.

For a fee, dogs and cats are bathed, clipped, or combed or brushed for the purpose of enhancing their aesthetic value or health.

All work rooms, cages, or pens used in connection with a pet shop or animal grooming establishment must be maintained within a completely enclosed building and the shop or establishment must be operated in such a way as to produce no objectionable noise or odors outside its walls.

Place: An open, unoccupied space, other than a street or alley, permanently reserved as the principal means of access to abutting property.

Planning Commission: The Planning Commission of Hanover County.

Pony ring: A facility for the personal use of the occupant of the property on which the facility is located, in which riding, jumping, dressage, or similar equestrian activities are conducted.

Poultry: All domestic fowl and game birds raised in captivity.

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

Preservation lot: A lot that may be created from the required conservation area and used in accordance with the requirements of the RC, Rural Conservation District.

Private access drive: A private driveway or road for the purpose of providing vehicular access from a public road to a property located in a Business District or an Industrial District, or to a non-residential use on property located in a Residential District. For the purpose of this definition, the OS, Office Service District and the MX Mixed Use District shall be considered a Business District.

Private yard: A single area adjacent to a dwelling unit maintained directly by the owner of the unit.

Promotional event: An event held by a single retail or service establishment for the purpose of marketing and promoting the sale of goods and merchandise or the provision of services offered by the establishment or in connection with a community or charitable event or national or local holiday or celebration.

Public access easement: Any area through which ingress and egress is not restricted or limited to any individual occupant of the development or guest.

Public building or facility: A building or facility, or part thereof, that is owned or leased and occupied and used by an agency or political subdivision of the United States of America, the commonwealth, the county or a town or city and that is used for a public use including, but not limited to, a water or sewer system owned and operated by a municipality or county, library, fire station, stormwater management facility, and other similar public uses.

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.

Recreation facility, commercially-operated: A place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.

Recreational Substances.

(1)

Any product made of tobacco including cigarettes, cigars, smokeless tobacco, and pipe tobacco;

(2)

Any noncombustible product containing nicotine or vaping fluid that employs a heating element, power source, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other form;

(3)

Any product, including any raw materials from hemp that are used for or added to a food or beverage product, that contains hemp and has completed all stages of processing needed for the product;

(4)

Kratom, and any product including any raw materials from Kratom that are used for or added to a food or beverage product, that contains Kratom and has completed all stages of processing needed for the product; and

(5)

Any pipe, vaporizer, other type of device, wrappings, or accessories associated with the consumption or inhalation of the abovementioned substances and materials.

Recreational Substances, retail store: A retail establishment which includes the retail sale of Recreational Substances where (1) fifteen percent (15%) or more of its total display space is devoted to Recreational Substances, or (2) which allows the on-site use of Recreational Substances in any amount. "Recreational Substances, retail store" shall not include convenience stores or other establishments that include less than fifteen percent (15%) of their display space devoted to Recreational Substances.

Recreational vehicle: A piece of equipment designed for use as temporary living quarters during periods of travel or recreation, which can be moved under its own power or drawn by another vehicle, including travel trailers, tent ("pop-up") trailers, pickup campers, conversion vans, and motor homes.

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

Rental unit: A dwelling unit intended for rental to transients on a day-to-day or week-to-week basis, but not intended for use as a permanent dwelling.

Restaurant: A place of business where, for compensation, food or beverages are prepared for service to the public on or off the premises, or any place where food is served. "Restaurant" also includes places of business which prepare or store food for distribution to persons of the same business operation or of a related business operation for service to the public, such as those storing food for catering services, push cart operations, hotdog stands, and other mobile points of service.

Restaurant, carry-out: A place of business where foods and beverages primarily are either picked up by the consumer or delivered by an employee of the restaurant. "Carry-out restaurant" shall not include those restaurants where food is usually consumed inside the restaurant.

Restaurant, fast-food: A place of business that sells food, frozen desserts or beverages in a ready-to-consume state for consumption either within the restaurant or within a motor vehicle and one or more of the following characteristics is present:

1.

Food or beverages are served in edible containers or in paper, plastic or other disposable containers and disposable eating utensils are available.

2.

Food or beverages are usually served over a general service counter for the customer to carry to a seating facility within the restaurant or to a motor vehicle.

3.

Where the food is consumed on-premises, customers generally are expected to clear their own tables and dispose of their trash.

4.

Food or beverages are served to the occupants of a motor vehicle while seated therein, such as through a drive-through window or by curb service.

Road frontage: The length of the lot line adjacent to the public or private road (or access easement when the property does not adjoin a public or private road).

Sanitary landfill: An engineered land burial facility for the disposal of household waste that is so located, designed, constructed, and operated to contain and isolate the waste so that it does not pose a substantial present or potential hazard to human health or the environment. A sanitary landfill also may receive other types of solid wastes, such as commercial solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators, construction demolition debris and nonhazardous industrial solid waste.

Self-storage warehouse facility: A facility consisting of a building or group of buildings or areas that contain compartmentalized spaces, which are available for rent, for the storage of personal property

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

Shopping center: A group of retail, business, commercial or service establishments which offer goods or services and which:

1.

are designed as a single architectural unit or group, whether or not located on the same lot or zoning lot;

2.

are under common ownership or are subject to reciprocal parking and ingress and egress agreements or easements;

3.

are connected by party walls, partitions, or other structural members to form one continuous structure or, if located in separate buildings, are interconnected by common parking areas, travel lanes, walkways or accessways designed to facilitate customer interchange between the uses on-site;

4.

share common points of vehicular access; and

5.

otherwise present the appearance of one continuous commercial area.

A shopping center may have one or more "out parcels" under separate ownership or lease, provided the establishments on the out parcels contain complementary retail, business, commercial or service enterprises.

Short-term rental: The provision of a room or residence that is intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than thirty (30) consecutive days, in exchange for a charge for the occupancy. There are three (3) types of short-term rentals: short-term rental, owner-occupied; short-term rental, accessory detached; and short-term rental, non-owner-occupied.

Short-term rental, accessory detached: A short-term rental on the same property that is the owner's primary residence (the home where the person lives for at least one hundred eighty-five (185) days per year and considers their permanent address) but located in an accessory structure such as a garage, guest house, or other out-building. For the purposes of this definition: (1) the short-term rental may only occur on the same GPIN as the owner's primary residence, and (2) a property may only be considered to be the owner's primary residence if the owner occupies the main residential structure and not any accessory residential structures that may be located on the property.

Short-term rental, non-owner-occupied: A short-term rental on a property that is not the owner's primary residence, including situations where the owner lives off-site or the property is not used as a permanent residence.

Short-term rental, owner-occupied: A short-term rental on a property that is the owner's primary residence (the home where the person lives for at least one hundred eighty-five (185) days per year and considers their permanent address) and located within or attached to the dwelling occupied by the owner.

Sight distance triangle. A triangular area created by measuring twenty-five (25) feet in both directions from the imaginary point of intersection of the rights-of-way of two (2) public streets or the right-of-way of a public street and the edge of pavement of a private drive, then connecting these points. There shall be no visual obstructions located within this triangle. The driveway for a detached dwelling, either single-family or two-family, shall not be subject to this requirement.

Site plan: A drawing illustrating a proposed development and prepared in accordance with the specifications of division 2 of article 6.

Solar energy facility, accessory: A facility that uses photovoltaic (PV) materials and technology to produce heat, electricity or both that is designed and intended to primarily serve the thermal or electricity needs of the property on which it is located, and any excess power generated by the facility may be sold to a public service corporation (i.e., net metering). Net metering is an electricity billing mechanism that allows consumers who generate some or all of their own electricity to use that electricity at any time, instead of when it is generated. These facilities are limited to producing no more than 25KW of electricity and may be roof-mounted or ground-mounted.

Solar energy facility, principal: A facility that uses photovoltaic (PV) materials and technology for the wholesale generation and distribution of electricity from sunlight. On-site components may include solar panels and other accessory components including, but not limited to, transformers, transmission lines, and other improvements necessary to support the power generation, collection and transmission. Energy produced by a principal solar energy facility is delivered for uses in location(s) other than where it is generated. These facilities are categorized as:

1.

Solar facility, small scale: A solar photovoltaic electric power generating facility with a rated capacity of between two (2) and five (5) megawatts.

2.

Solar facility, utility scale: A solar photovoltaic electric power generating facility with a rated capacity of greater than five (5) megawatts.

Solar energy facility, supplementary: A facility that uses photovoltaic (PV) materials and systems, along with related on-site facilities, to generate electricity from sunlight, to use sunlight as a direct energy source for heating or cooling of water or buildings, or to produce power by converting, collecting or transferring solar generated power. The facility may be used for on-site consumption and for the wholesale generation and distribution of electricity to a public service corporation. These facilities are limited to producing no more than two (2) MW of electricity and may be roof-mounted or ground-mounted.

Stable, private: An accessory structure for the housing or boarding of horses or mules not for sale or hire.

Stable, public: A structure for the housing of horses or mules which are available for purchase or hire, the operation of which may include instruction in riding and the sale of accessory items.

Stacking lane (or aisle): The area on-site set aside within a parking area for the location of stacking spaces.

Stacking space: The area located on-site for the purpose of allowing vehicles to queue while waiting to access drive-through windows, fuel islands, car washes, automatic teller machines (ATMs), or similar facilities.

Steep slopes: Slopes equal to or exceeding the following:

1.

In the RC Rural Conservation District, a gradient of twenty-five (25) percent;

2.

In the RS, Single Family Residential, and RM Multi-Family Residential Districts, a gradient of thirty-five (35) percent.

Story: That portion of a building included between the surface of any floor and the surface of the floor immediately above it, or if there be no floor above it, then the space between such floor and the ceiling immediately above it.

Street (road): A public or private right-of-way which affords a legal means of access to abutting properties.

Street, center line: The center line thereof as shown in any of the official records of the county, or any municipality therein, or as established by the state department of highways. If no such center line has been established, the center line of a street shall be a line lying midway between the side lines of the right-of-way thereof.

Street 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, signs (except for purposes of setback requirements), swimming pools, backstops for tennis courts, and pergolas.

Subdivision: Any division of land as defined in the Hanover County Subdivision Ordinance.

Substantial conformity: Conformity, as determined by the zoning administrator upon consideration of the record, with an approved conceptual plan, sketch plan, site plan, or proffered condition which leaves a reasonable margin for adjustments in the physical layout of the development due to final engineering data, provided that the adjustment does not increase the density of the proposed development or reduce any provision intended to mitigate the impact of the development on adjacent properties or the community.

Swimming pool: Any structure intended for swimming, recreational bathing or wading that contains water over 24 inches deep. This includes in-ground, above-ground and on-ground pools; hot tubs; spas and fixed in place wading pools.

Telecommunications towers and related facilities: Towers and other structures designed or used for the provision of telecommunications services including, but not limited to, radio, television, voice or data transmission, by means of one or more antennas or satellite dish antennas, and equipment, whether located on the tower or structure or located elsewhere on the property, necessary for the operation of the tower or other structure. The term "telecommunications towers and related facilities" shall not include the following:

1.

Telecommunications arrays that are located on existing structures, and

2.

Home use of radio and television antennas and support structures, satellite dishes, or antennas and support structures, satellite dishes, or antennas and support structures of amateur radio operators licensed by the Federal Communications Commission.

Temporary telecommunications towers and facilities: Towers and other structures that are:

1.

Not permanently affixed to the ground and

2.

Erected for a limited period of time (not to exceed three years) for the purpose of providing coverage for a specific event or until a permanent telecommunications tower or facility can be constructed.

Trash: Waste material including, but not limited to, the following:

1.

Waste generated in the course of normal household activities, such as paper, sweepings, dust, rags, bottles, cans, containers, plastic, cardboard, or other materials;

2.

Furniture, mattresses, bedsprings, lawn mowers and other power equipment, bicycles and other like bulk solid waste that are no longer operational or in current use;

3.

Appliances such as refrigerators, stoves, clothes dryers, washing machines, hot water heaters, window air conditioners, and other large appliances of similar size or character, that are not currently in use or connected to all necessary electrical and plumbing connections;

4.

Construction and demolition waste, such as lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials, and containers holding paints, coatings, solvents, asbestos, any liquid, compressed gases or semiliquids, resulting from the construction, remodeling, repair and demolition of houses and other structures.

5.

Solid waste generated by a commercial enterprise, including wholesale, retail and service establishments, such as office buildings, stores, markets, theaters, hotels and warehouses, or from enterprises providing services for a fee, such as yard services.

The term "trash" shall not include the following:

1.

Materials generated by yard and lawn care, including leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings, that are stored on the property from which they were generated.

2.

Solid waste produced from farming operations or related commercial preparation of farm products for marketing, where such waste is located on the property where it was produced or another property under common ownership or control.

3.

Construction and demolition waste that is temporarily stored on-site during the course of construction or demolition.

4.

Household composting.

Truck stop: A facility primarily designated for the provision of fuel, servicing, or minor repairs to trucks and incidentally providing such services to automobiles. For the purposes of this definition, a truck shall be defined as a motor vehicle having a gross vehicle weight of greater than 19,000 pounds.

Truck terminal: A facility where trucks load and unload goods, products, cargo or other materials to be broken down or aggregated in different size loads and re-shipped to other destinations. A "truck terminal" shall not include "Warehousing, Storage, Wholesaling and Distribution," but shall include those facilities that have storage that is only incidental to the loading and unloading of trucks. For the purposes of this definition, a truck shall be defined as a motor vehicle having a gross vehicle weight of greater than 19,000 pounds.

Ultimate right-of-way: The right-of-way as designated on the Major Thoroughfare Plan.

Utility cabinets and pedestals: Equipment that supports the provision of telephone, television, and Internet service and the distribution of electricity including, but not limited to, switch gear, meter pedestals, telephone pedestals, and CATV pedestals and power supplies. The term "utility cabinets and pedestals" does not include equipment that is accessory to a telecommunications tower.

Utility trailer: A vehicle without motor power designed for carrying property wholly on its own structure and for being drawn by a motor vehicle of 19,500 pounds or less. The term "utility trailer" shall not include camping trailers, semitrailers, manufactured homes, or trailers designed to carry passengers.

Vehicle and equipment storage: The use of a building or land where the principal use is for the storage of automobiles, boats, recreational vehicles, utility trailers, commercial vehicles, commercial equipment, and material storage, including construction equipment, vehicles or other materials commonly used in a contractor's business and the storage of scrap materials used for the repair and maintenance of a contractor's own equipment. This use shall not include:

(1)

accessory parking associated with residential, commercial, or industrial development,

(2)

a non-accessory parking garage, lot, or deck,

(3)

the storage of recreational vehicles and boats which is designed as an amenity to serve residents of a master planned residential or mixed use community,

(4)

general contractor and repair shops, with accessory outside storage of one acre or less,

(5)

sales, service, or rental of boats, recreational vehicles, utility trailers, commercial vehicles, commercial equipment, construction equipment, and construction vehicles as a principal use.

Warehousing, storage, wholesaling, and distribution: The principal use of a building for storage, consolidation, and distribution of raw materials or manufactured goods. The use may also include cold storage.

Waterway: Any body of water, including any creek, canal, river, or lake, or any other body of water, natural or artificial, except a swimming pool or ornamental pool located on a single lot.

Waterway line: A line marking the normal division between land and a waterway as established by the zoning administrator or county ordinances.

Wholesale motor vehicle auction: An auction of motor vehicles to motor vehicle dealers or wholesalers for the purpose of resale to other wholesalers or to customers.

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: An area between the front lot line and a perpendicular line drawn from the building line to each side lot line at a point on the building closest to the front lot line. In no case shall the front yard depth be less than the required front yard, nor shall any portion of the structure extend into the required front yard, except as provided in Section 26-242(d).

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 closest point of a building, or the closest point of a group of buildings.

Yard, rear:

(1)

In business and industrial districts: an area extending across the full width of a lot and lying between the rear lot line and the closest point of the primary structure (extended in both directions to the side lot lines) provided the depth of the rear yard is not less than the depth of the required rear yard.

(2)

In residential districts: the rear yard shall include all portions of the lot or property which not a part of the front yard.

Yard, required: The area between the minimum setback and the front and rear property lines, respectively.

Yard, side: In business and industrial districts: the area between the front yard and the rear yard lying between a side lot line and the nearest part of the primary building.

Zoning administrator: The Director of Planning of Hanover County or his designee.

(Ord. No. 12-08, § 3, 1-9-13; Ord. No. 13-05, § 1, 7-23-14; Ord. No. 14-12, §§ 1, 8, 12-10-14; Ord. No. 15-12, § 1, 11-10-15; Ord. No. 16-07, § 1, 5-11-16; Ord. No. 15-07, § 1, 7-27-16; Ord. No. 16-13, § 1, 2-8-17; Ord. No. 23-06, § 1, 5-24-23; Ord. No. 23-11, § 1, 10-25-23; Ord. No. 23-14, § 1, 10-25-23; Ord. No. 23-10, § 1, 4-24-24; Ord. No. 24-09, § 1, 1-22-25; Ord. No. 25-02, § 1, 5-28-25; Ord. No. 25-10, § 1, 8-27-25; Ord. No. 25-11, § 1, 8-27-25; Ord. No. 25-12, § 1, 8-27-25)

(a)

Continuation of nonconforming uses. A nonconforming use may be continued except as provided in this section.

(b)

Expansion of nonconforming uses prohibited. A nonconforming use may not be expanded, enlarged or extended; provided, that the nonconforming use of a building may be hereafter extended throughout those parts of the building which are lawfully and manifestly arranged or designed for such use on the effective date of this ordinance or subsequent amendments which result in the use becoming a nonconforming use.

(c)

Discontinuance of nonconforming use. No land, building or portion thereof used in whole or in part for a nonconforming use which remains idle or unused for a continuous period of two (2) years, whether or not the equipment or fixtures therein are removed, shall again be used except in conformity with the regulations of the district in which such building or land is located.

(d)

Structural alteration of building containing nonconforming use. A building containing a nonconforming use may not be structurally altered unless the use of the building is brought into conformity with the regulations of the district in which such building is located. The provisions of this subsection shall not prohibit routine repairs and maintenance whose cost is less than 50 percent of the fair market value of the structure, exclusive of foundations, immediately prior to such repairs or maintenance.

(e)

Change of nonconforming use within existing building. If no structural alterations are made, the nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

(f)

Destruction of building or structure containing nonconforming use. In the event that a building or structure containing a nonconforming use has been demolished or damaged by any cause whatsoever to the extent of fifty (50) percent or more of the fair market value of the building, exclusive of foundations, immediately prior to damage, such nonconforming use shall terminate and the use of the property shall thereafter be in compliance with current zoning regulations. If a building or structure containing a nonconforming use is destroyed, demolished or damaged by less than fifty (50) percent of the fair market value, exclusive of foundations, the structure may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction are substantially completed within twelve (12) months of the date of such damage.

(g)

Intermittent use. The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(h)

Existence of nonconforming use. The zoning administrator shall consult with the county chief building official, the county chief assessor, and other appropriate individuals in determining the existence of a nonconforming use. When the zoning administrator determines that the evidence available is inconclusive to establish the existence of a nonconforming use, the existence of such nonconforming use shall be a question of fact to be decided by the board of zoning appeals, in accordance with the rules of the board, after public hearing and notice.

(i)

Nonconforming dwellings in industrial districts. A dwelling nonconforming as to use in an industrial district shall be considered as a conforming use in application of height, area, and bulk requirements of this ordinance.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Nonconforming structures in residential districts. A nonconforming structure in a residential district may not be physically enlarged or expanded unless the area of enlargement or expansion complies with the regulations for the zoning district in which it is located or the enlargement or expansion will result in the structure meeting current regulations.

(b)

Nonconforming structures in commercial districts. Any development within a business (B) or industrial (M) zoning district conforming with the provisions of this ordinance regulating uses may be expanded, and the structures on-site expanded or structurally altered, without compliance with provisions of this ordinance pertaining to development standards, provided that:

1.

All areas of expansion shall comply with the development standards in effect at the time of expansion;

2.

Cumulative expansion of buildings within a business (B) district after January 24, 2001, shall not exceed one hundred (100) percent of the floor area without the site being brought into full compliance; and

3.

All requirements of state and federal laws and regulations are met.

(c)

Reconstruction of nonconforming structures.

1.

Where damage to structure is equal to fifty (50) percent or more of fair market value. If a nonconforming structure has been demolished or damaged by any cause whatsoever to the extent of fifty (50) percent or more of the fair market value of the structure, exclusive of foundations, immediately prior to damage, the structure may not be repaired, reconstructed or restored except in conformity with the regulations of this ordinance. Any repair, reconstruction, restoration or demolition work required by this subsection shall be substantially completed within twelve (12) months of the date of such damage.

2.

Where damage to structure is by less than fifty (50) percent of fair market value. If a building is damaged by less than fifty (50) percent of the fair market value, exclusive of foundations, it may be repaired, reconstructed or restored to its condition prior to the time of damage, provided that such repairs or reconstruction are substantially completed within twelve (12) months of the date of such damage.

3.

Special provisions related to damage by natural disaster or act of God. If a nonconforming structure is damaged or destroyed by a natural disaster or other act of God, the owner shall have the right to restore the structure to its original nonconforming condition provided:

a.

The owner can demonstrate to the zoning administrator that the building cannot be repaired, rebuilt or replaced so as to eliminate or reduce the nonconformity, and

b.

Where the nonconforming structure was damaged or destroyed by a natural disaster or other act of God and the nonconforming structure is in an area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, the owner completes all necessary repair, reconstruction or replacement work within four years of the date of the natural disaster or other act of God. Where the area is not under a federal disaster declaration or the building has not been damaged or destroyed as a direct result of the conditions that gave rise to a federal disaster declaration, the owner shall complete all necessary repair, reconstruction or replacement work within two years of the date of the natural disaster or other act of God.

(d)

Requests to rezone property containing nonconforming structures. A property containing a principal structure that is a nonconforming structure shall not be eligible for rezoning unless:

1.

The request for rezoning, including any proffers made by the applicant, will eliminate the nonconformity; or

2.

Where the structure is nonconforming as to setback requirements, the effect of the rezoning would not increase the existing nonconformity as to setback requirements.

For the purposes of this division, "rezoning" means a request to rezone a property to a different zoning district or for the issuance of a conditional use permit or special exception.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Continuation of nonconforming lots. A nonconforming lot may continue in existence except as provided in this section.

(b)

Requests to rezone nonconforming lots. A nonconforming lot shall not be eligible for rezoning unless such request, including any proffers made by the applicant, eliminates such nonconformity.

(c)

Construction and improvements on nonconforming lots. The owner of a nonconforming lot may erect a single-family dwelling or make other improvements on a nonconforming lot if the following conditions are present:

1.

The owner of the lot does not own a parcel or tract of land immediately adjacent to the lot which could be combined with the nonconforming lot to create a lot which conforms to current zoning regulations,

2.

The deed or instrument under which such owner acquired title to such lot was lawfully of record prior to the application of zoning regulations and restrictions to the premises, and

3.

Such improvements conform in all other respects to applicable zoning and health regulations and restrictions.

(Ord. No. 12-08, § 3, 1-9-13)

(a)

Continuation of nonconforming signs. A nonconforming sign may be maintained except as provided in this section.

(b)

Loss of nonconforming status. A nonconforming sign shall lose its nonconforming status when:

1.

The sign has been demolished or damaged by any cause whatsoever to the extent of fifty (50) percent or more of the fair market value of the sign immediately prior to damage; or

2.

The sign, including any support structures, is removed, replaced, reconstructed, moved, relighted or structurally altered.

Any sign which has lost its nonconforming status pursuant to this subsection shall be removed within three (3) months of the loss of nonconformity. Thereafter, no sign shall be erected on the property except in compliance with the provisions of this Ordinance. If a nonconforming sign is demolished or damaged by less than fifty (50) percent of the fair market value, the sign may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction are substantially completed within three (3) months of the date of such damage.

(c)

Removal of abandoned nonconforming signs. A sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two years. An abandoned nonconforming sign shall be removed by the owner of the property on which the sign is located upon notification by the zoning administrator; such notice shall be in writing and shall be sent by certified mail to the last known address of the owner.

If the owner of the property fails to remove the sign in a timely manner, the zoning administrator, his agent or employee may enter the property upon which the sign is located and remove the sign. The cost of such removal shall be chargeable to the owner of the property and shall be collected by the county as taxes and levies are collected. Every charge authorized by this section with which the owner of any property shall have been assessed and which remains unpaid shall constitute a lien against such property.

(d)

Use of support structures for nonconforming signs permitted in certain instances. Support structures for nonconforming signs may continue in use for a conforming sign if the support structures comply in all respects with the provisions of this ordinance.

(e)

Issuance of additional sign permits prohibited. No permit for an additional sign shall be issued for any property on which there is a nonconforming sign.

(f)

Requests to rezone property containing nonconforming signs. A property containing a nonconforming sign shall not be eligible for rezoning unless the request for rezoning, including any proffers made by the applicant, will eliminate the nonconformity.

(Ord. No. 12-08, § 3, 1-9-13)

The zoning administrator shall consult with the county chief building official, the county chief assessor, and other appropriate professionals in determining the value of a building, structure or sign before demolition, damage, or repairs and the value or costs of reconstruction or repairs to correct such damage or demolition. The zoning administrator shall set forth his determination of the respective values and costs in writing.

(Ord. No. 12-08, § 3, 1-9-13)

A nonconforming use, structure, lot or sign which is in violation of a provision of the ordinance which this ordinance amends or replaces shall not be validated by the adoption of this ordinance unless such use complies with the terms of this ordinance.

(Ord. No. 12-08, § 3, 1-9-13)