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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(Ord. of 4-23-96)

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

Accessory: As applied to use or structure, means customarily subordinate or incidental to, and on the premises of such use or structure. The words "on the premises of" mean on the same lot or on the contiguous lot in the same ownership.

Accessory living unit: A portion of a detached single-family dwelling unit to include such incidental and subordinate facilities necessary to accommodate either relatives, nontenant employees, or no more than two (2) persons.

Acreage: A parcel of land, regardless of area, described by metes and bounds and not a lot of any recorded subdivision plat.

Addition: Any construction which increases the area of cubic content of a building or structure. The construction of walls which serve to enclose completely any portion of an existing structure, such as a porch, shall be deemed an addition within the meaning of the chapter.

Administrator: The zoning administrator of the City of Harrisonburg as designated by resolution of the city council.

Adult bookstore/videostore: An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals and/or videotapes, computer disks, CD-ROMs, DVD-ROMs, virtual reality devices or any other similar media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities", or "specified anatomical areas" or are intended for the sexual stimulation or titillation of patrons.

Adult business: Adult bookstore/videostore, adult mini-motion picture theater, adult motion picture theater, adult store, a business providing adult entertainment or any other establishment, including without limitation any adult modeling studio, adult cocktail lounge or adult nightclub, that regularly emphasizes an interest in matter relating to specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons.

Adult day care center: A building or structure where care and supervision are provided on a regular schedule for disabled adult persons and/or senior citizens for less than twenty-four (24) hours per day.

Adult entertainment: Dancing, modeling or other live performances if the performers' performance is characterized by an emphasis on specified anatomical areas or specified sexual activities, or is intended for the sexual stimulation or titillation of patrons. Also includes the showing of films, motion pictures, video cassettes, slides, photographic reproductions, virtual reality devices, internet sites or files transmitted over the internet, or other medial that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons.

Adult merchandise: Magazines, books, other periodicals, videotapes, movies, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devises or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas or are intended for the sexual stimulation or titillation of patrons. Also includes toys, novelties, instruments, devices or paraphernalia either designated as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs and lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.

Adult mini-motion picture theater: An enclosed building with a capacity of less than fifty (50) persons used for presenting material for observation by patrons distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".

Adult motion picture theater: An enclosed building with a capacity of fifty (50) or more persons used for presenting material for observation by patrons distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas".

Adult store: An establishment having adult merchandise as a substantial or significant portion of its stock-in-trade.

Alley: Any passage or way open to public travel, affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.

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

Alternative support structure: With regard to wireless telecommunications, any structure currently used primarily for something other than supporting a wireless telecommunications facility.

Antenna: A whip, panel, disc, rod, dish, or similar device used for transmission or reception of telecommunications.

Apartment building: See "Dwelling, multiple."

Assisted living facility: Residential facilities with ninety (90) percent occupancy by persons sixty (60) years or more of age that provide rooms, meals, personal care and supervision of self-administered medication.

Base station: A wireless telecommunications facility; such facility may consist of radio transceivers; antennas; coaxial, fiber optic, or other cables; a regular and back-up power supply; and other associated electronics and technology. Such facilities are sometimes referred to as base transceiver stations. Base stations may also be structures that currently support or house any of the technology listed in this definition or other associated equipment that constitutes part of a base station in any technological configuration, including distributed antenna systems and industrial microcells.

Basement: A story at least one-half (½) its height below grade. A basement is not counted as a story for the purpose of height regulations.

Bed and breakfast facilities: See "short-term rental."

Beehive: A man-made accessory structure constructed and maintained to house a single colony of honeybees for the purpose of promoting pollination of plants and harvesting of honey.

Board: The board of zoning appeals.

Boardinghouse or rooming house: A single detached dwelling, where the property owner or property lessee/operator resides on the premises, and where for compensation and by prearrangement, for definite periods, lodging and/or meals are provided for three (3) persons to a maximum of ten (10) persons. The resident property owner or resident property lessee, who operates the boardinghouse or rooming house, shall be responsible for making an application for any required special use permit. A boardinghouse or rooming house must obtain an annual business license as required by the Harrisonburg City Code and the boardinghouse or rooming house shall also be in compliance with the Virginia Maintenance Code (VMC). The responsible party shall schedule a yearly inspection that shall be conducted between October 1st and October 31st to ensure compliance with the current VMC and other applicable regulations. Should the property not comply with the VMC or other regulations, a specified time shall be given to make corrections. If the corrections are not made within the allotted time, or if the responsible party fails to have the property inspected by October 31st, the special use permit shall automatically expire and become null and void. Operation of a boardinghouse or rooming house shall not be deemed a home occupation.

Building: Any structure intended for shelter, housing or enclosure of persons, animals, chattels or property of any kind.

Building area: The portion of a lot remaining after required yards have been provided.

Building, community: A building for social, educational, cultural, and recreational activities for a neighborhood or community, provided any such use is not operated primarily for commercial gain.

Building, height of: The vertical distance measured from the floor closest to curb grade to the level of the highest point of the roof surface, if the roof is flat or inclines not more than one (1) inch vertical to one (1) foot horizontal, or the mean level between the eaves and the highest point of the roof if the roof is of any other type.

Building, principal: A building which contains the principal use of the lot on which it is situated. In any residential district any dwelling shall be deemed to be a main building.

Building, public: A building owned (or leased) by a governmental agency and used for governmental functions.

Building setback line: A line establishing the minimum allowable distance between the nearest portion of any building, excluding any uncovered porches, steps, patios, fences, etc., and similar fixtures.

Bus shelter: A structure located at a designated transit stop designed primarily for the shelter of transit bus passengers.

Business garden: A home occupation, where areas of a parcel are managed and maintained by individuals residing on the same parcel or adjoining parcels under the same ownership, used to cultivate fruits, vegetables, herbs, or flowers for sale purposes. This definition does not include cultivation only for personal consumption or use. (See article BB, business gardens for operating regulations.)

Caliper: The diameter of a tree trunk measured in inches. At planting, the caliper shall be measured at six (6) inches above the ground for trees expected to be four (4) inch caliper size and below at maturity, and twelve (12) inches above the ground for trees expected to be larger than four (4) inches in caliper at maturity.

Camouflage: With regard to wireless telecommunications facilities, a way of painting, mounting, or locating related equipment so it is not readily apparent to the casual observer. Camouflaged wireless telecommunications facilities are often collocated, utilize flush mounted antennas and related equipment, are painted to match the color of the support structure, or hidden from view by things like parapet walls. Camouflaging equipment is not equivalent to concealing equipment.

Child day care center: A regularly operating service arrangement for two (2) or more children under the age of thirteen (13), where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision and well-being of a child for less than a twenty-four-hour period, in a facility that is not the residence of the provider or of any of the children in care. A nursery school shall be considered to be a child day care center.

Church: Church as used in the adult business sections of this Code is defined as an organization consisting of a minimum of twenty-five (25) persons, who have made a public confession of religion and who are associated together by a covenant of church fellowship for the purpose of celebrating and uniting in their faith and watching over the spiritual welfare of each other and which owns its church building in fee simple or otherwise leases an existing church building.

Clinic: An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one (1) or more physicians practicing medicine, dentistry or psychiatric treatment.

Club: A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Collocate: With regard to wireless telecommunications facilities, the act of locating wireless telecommunications facilities on any existing support structure.

Colony: A community of honeybees, which includes a queen with worker bees and drone bees.

Commission: The city planning commission.

Concealed wireless telecommunications facility: Any wireless telecommunications facility that is integrated as an architectural feature of an existing structure or any new support structure designed so that the purpose of the facility or support structure for providing wireless telecommunications services is not readily apparent to a casual observer. Examples include but are not limited to: bell towers, clock towers, faux trees, flag poles, minarets, monuments, parapets, religious symbols, smoke stacks, steeples, or structures intended as art.

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

Consumer microcell: With regard to wireless telecommunications, a signal booster that is marketed and sold to the general public for use without modification. These types of devices do not require professional installation and are used for personal use by individuals to improve coverage in a home, car, boat, recreational vehicle and other related areas.

Convenience store: A small commercial shopping facility designed as a component of the neighborhood or district in which it is located.

Curb grade: The elevation of the established curb in front of the building measured at the midpoint of such frontage. Where no curb exists, the city engineer shall establish such curb grade for the existing or proposed street in accordance with the existing street grading plans of the city.

Data centers: An establishment or facility used for the storage, management, processing, and transmission of digital data, which may include the housing of computer and/or network equipment, systems, servers, appliances, and other associated equipment or components related to digital data operations. Supporting equipment may include back-up batteries and power generators, air handlers, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support operations. This definition does not include server rooms or information technology infrastructure that is accessory to the principal use of the site.

Deciduous shrub: A low woody plant usually having multiple stems or branches that loses its foliage at the end of the growing season.

Deciduous tree, large: A tree that loses its foliage at the end of the growing season, which at maturity exceeds four (4) inches in caliper. When planted, these trees shall be at least two (2) inches in caliper and be a minimum of ten (10) feet in height. Multi-stem trees shall also be a minimum of ten (10) feet in height.

Deciduous tree, small/ornamental: A tree that loses its foliage at the end of the growing season, which at maturity is four (4) inches or less in caliper. When planted, these trees shall be at least one (1) inch in caliper and be a minimum of six (6) feet in height. Multi-stem trees shall also be a minimum of six (6) feet in height.

Density: The total number of dwelling units divided by the area in acres of all land within a development dedicated to residential uses, including residential lots and buildings and the streets, parking areas, landscape areas, parks and open space serving the residential uses.

Distributed antenna systems (DAS): A wireless telecommunications facility; a system or network of spatially separated antennas connected to a common transport medium (i.e. coaxial, fiber optic, or other cable) to a signal source, such as a base station or an external antenna capable of connecting to a base station wirelessly. Such systems/networks commonly have three primary components: remote communications nodes, each having at least one antenna for transmission and/or reception; a high capacity signal transport medium, which is either underground or aerial; and a central communications hub to propagate and/or convert, process or control signals transmitted and received through the nodes. DAS may also include additional equipment such as amplifiers, remote radio heads, signal converters, power supplies, and other related equipment.

District: Any section of the City of Harrisonburg for which the regulations governing the use of the buildings and premises, the heights of building, the size of yards and the intensity of the use are uniform.

Drive-through facility (same as "drive-in"): Any portion of a building or structure from which customers can receive a service or obtain a product while in their motor vehicle. Regulated as a subordinate use to a principle use, regardless of the nature of the principle use.

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

Dwelling: A building or portion thereof which is designed or used exclusively for residential purposes.

Dwelling, single-family: A building occupied by or designed for occupancy by one (1) family or occupancy as described by the specific zoning district.

Dwelling, duplex: Two (2) connected dwelling units where each is designed for one (1) family or occupancy as described by the specific zoning district.

Dwelling, multiple-family: A building comprised of at least three (3) dwellings, not separated by a property line, where each unit is designed for one (1) family or occupancy as described by the specific zoning district.

Dwelling, quadraplex: A type of attached multiple dwelling containing four (4) attached dwelling units in one (1) building with each unit having a minimum of two (2) outside walls and sharing one (1) or more walls with an adjoining unit or units. These dwellings would be designed and constructed to permit individual and separate ownership of lots and dwellings or combinations of dwelling units.

Dwelling, townhouse: Unless otherwise specified within a zoning district, a townhouse is one (1) of a series of at least three (3) attached dwelling units, not to exceed eight (8), for rent or sale, separated from one another by common walls and property lines without openings from basement floor to roof and having varied but compatible elevations, and with not more than two (2) abutting dwelling units having the same front yard setback. The lots, utilities and other improvements for each "townhouse" would be designed to permit individual and separate ownership of such lots and dwelling units.

Dwelling, unit: One (1) or more rooms located within a building and forming a singular unit with facilities which are used or intended to be used for living, sleeping and dining purposes. A dwelling unit shall have customary kitchen facilities. An efficiency apartment unit is defined as a dwelling unit. Dwelling units which will be occupied for predetermined periods of time of more than one (1) month in succession shall be termed nontransient dwelling units.

Dwelling unit(s), CBD: One (1) or more dwelling units of nontransient occupancy within the Central Business District (CBD) that are designed to promote the most desirable uses and rehabilitation of the district.

Equipment cabinet: With regard to wireless telecommunications, a cabinet, shed, shelter, or other structure, where equipment is housed to support wireless telecommunications services.

Evergreen shrub: A low woody plant usually having multiple stems or branches and keeping its foliage all year.

Evergreen tree: A tree that does not shed its foliage annually. When planted, these trees shall be at least six (6) feet in height.

Facade, front: The principal frontage of a building which, by either aesthetic attention, main entry and egress, or the longitudinal dimension of the structure, becomes the primary frontage.

Facade, rear: That portion of a building which is, by either service area, secondary entry and egress or the facade directly opposite the front facade of the structure, the reverse frontage of the building.

Family: Includes:

(a)

An individual, or two (2) or more persons related by blood, marriage, adoption, foster care, or guardianship; or

(b)

A group of up to eight (8) persons with mental illness, intellectual disability or developmental disability who are residing with one (1) or more resident counselor(s) or other staff person(s) in a facility which is licensed by the Department of Behavioral Health and Developmental Services of the Commonwealth of Virginia. For the purposes of the Zoning Ordinance, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia or its successor; or

(c)

A group of up to eight (8) aged, infirm, or disabled persons who are residing with one (1) or more resident counselor(s) or other staff person(s) in a facility licensed by the Virginia Department of Social Services of the Commonwealth of Virginia; or

(d)

A recovery residence, as defined, provided it has no more than eight (8) adults and any number of minor dependents of those residents.

A family is distinguished from a group occupying a boardinghouse, rooming house, or hotel as herein defined.

Family day home, major: A child day care program offered in the residence of the provider or the home of any of the children in care for five (5) through twelve (12) children under the age of thirteen (13), exclusive of any children who reside in the home, when at least one (1) child receives care for compensation.

Family day home, minor: A child day care 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 any children who reside in the home, when at least one (1) child receives care for compensation. A minor family day home shall be considered a home occupation and therefore requires that a home occupation permit be granted by the zoning administrator; however, no conditions more restrictive than those imposed on residences occupied by a single family shall be imposed on the day home.

Financial institution and offices: Any building wherein the primary occupation is concerned with such state regulated businesses as banking, savings and loans, loan companies and investment/securities companies.

Floor area: The gross horizontal areas of all floors, including basements, cellars and attics (but not such areas within a building which are used for parking), measured from the exterior faces of the exterior walls of a building.

Floorplate: The horizontal land area occupied by a building at finished grade including projections and overhangs.

Flyway: The flight path honeybees take, entering and exiting a beehive.

Fraternity or sorority house: A single detached dwelling being occupied by persons who are members of a fraternity, sorority, association or group chartered for social, educational, religious or service purposes.

Fraternity or sorority house in R-3 zones: A building or any portion thereof being lived in for dwelling purposes by a fraternity, sorority, association or group of more than three (3) persons, but not more than ten (10) persons, who are associated or formally organized for social, educational, religious or recreational purposes, and subject to the same permit and license requires as needed for operating a boarding or roominghouse. (See sections 11-4-3 and 12-1-10(24) of this Code.)

Funeral home: A building used for the preparation of corpses for burial or for cremation which may also be used for funeral services.

Garage, storage, or parking: A building or portion thereof designed or used exclusively for storage or motor-driven vehicles.

Group housing project: A group housing project shall consist of two (2) or more buildings located on a site where the building arrangement is such that the property cannot be subdivided into conventional streets and lots that meet the requirements of this chapter and chapter 2 of this title.

Historic area: An area or existing site containing buildings 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 occupation: Any occupation or activity which is clearly incidental to the use of the premises for dwelling purposes and which is carried on wholly within a main building or accessory building, other than business gardens as defined, by a member of a family residing on the premises, in connection with which there is no advertising on the premises, and no other display or storage or variation from the residential character of the premises, and in connection with which no person outside the family is employed and no equipment which is deemed to be in conflict with the intent of this definition. A home occupation shall not include beauty parlors, barber shops or doctors' offices for the treatment of patients. The foregoing notwithstanding, providing professional counseling services by appointment only for not more than ten (10) clients per week, and giving music lessons shall constitute home occupations.

Homestay: In a single-family detached, duplex, or townhouse dwelling unit, the provision of a guest room or accommodation space within the principal building that is suitable or intended for transient occupancy for dwelling, sleeping, or lodging purposes and is offered in exchange for a charge for the occupancy.

Hotel, motel and similar transient housing: A building or group of buildings which are designed or intended to be used or hired out on a daily or weekly basis, primarily for transient or temporary occupancy.

Housing: See "Dwelling."

Industrial microcell: A wireless telecommunications facility; a standalone, short range radio transceiver located in specific locations, either indoors or outdoors, where there is often low signal quality and high demand for a wireless telecommunications signal. Examples include but are not limited to industrial signal boosters, repeaters, bi-directional amplifiers, and devices specifically identified as microcells. Consumer microcells, such as femtocells, for residential or household use or mobile use (i.e. vehicular, boat, etc.), and equipment meeting the thresholds to be considered small cell facilities, are excluded from this definition.

Industrialized building: A combination of one (1) or more sections or modules, subject to state regulations and including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, to comprise a finished building. Manufactured homes defined in the Code of Virginia and certified under the provisions of the National Manufactured Housing Construction and Safety Standards Act shall not be considered industrialized buildings for the purpose of this law.

Institution: A nonprofit corporation or a nonprofit establishment whose purpose is civic, educational, charitable, religious or philanthropic in nature.

Junk yard: Any space or area or portion of lots used for the storage, sale, keeping or abandonment of junk or waste materials, including used building material, or for the dismantling, demolition, sale or abandonment of automobiles and other vehicles, machinery or parts thereof.

Landscaping: Living vegetation primarily used to enhance property aesthetics, values, and/or to improve environmental conditions. Landscaping may include grasses, shrubbery, trees, and other vegetation. Mulch and/or stone shall be used only for the enhancement of vegetation. The use of mulch and/or stone alone is not considered landscaping.

Landscaping island: An area that includes landscaping within a parking lot.

Lot: A parcel of land occupied or intended to be occupied by a use permitted in this chapter, including one (1) main building together with its accessory buildings, and the yards and parking spaces required herein, and having its principal frontage upon a street or upon an officially approved place.

Lot area: The total horizontal area within the lot lines of a lot. No existing alley, public way, public land or area proposed for future street (alley) purposes is included within the net area of a lot. On-site easements are included in the land area of a lot.

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

Lot of record: A lot which has been recorded in the office of the clerk of the circuit court.

Lot, nonconforming: An otherwise legally platted lot that does not conform to the minimum area of width requirements of this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments to this chapter.

Lot, width: The distance between side lot lines measured at the building line.

Macrocell: Any wireless telecommunications facility not considered a concealed wireless telecommunications facility, a consumer microcell, a small cell facility, an industrial microcell, or a distributed antenna system.

Manufactured home: A structure subject to federal regulation, which 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 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.

Manufactured home sales and service establishment: Use of land whereon the primary occupation is the sale and ancillary service of manufactured homes. This use shall not include storage of nonhabitable manufactured homes for a period of time exceeding ninety (90) days.

Manufactured home park: An area designed, constructed, equipped, operated and maintained for the purpose of providing spaces for two (2) or more manufactured homes intended to be used as living facilities.

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.

Net development area: The total area of land in the MX-U development designated on the master development plan for residential, nonresidential, or open space uses, excluding streets.

Nonconforming structure: Any lawful structure existing at the time of the enactment or subsequent amendment of this chapter which does not conform to the current zoning regulations prescribed in the district in which it is situated.

Nonconforming use: Any lawful use existing at the time of the enactment or subsequent amendment of this chapter which does not conform to the current zoning regulations prescribed in the district in which it is situated.

Nursing home: A home for the aged, or infirm, senile, chronically ill or convalescent in which persons not of the immediate family are received, kept or provided with food, shelter, treatment and care for compensation, but not including hospitals, clinics or similar institutions.

Open space, common: Land within a private development set aside, dedicated and designed to protect natural environmental resources, to serve as a visual amenity, and/or to provide recreational opportunities that is owned by a property owners association and is designed and intended for the common use or enjoyment of the residents of the development. Such land shall be primarily naturally vegetated or landscaped, but may include limited paved areas, such as sidewalks, pedestrian plazas, trails, and recreational courts. Such land shall not include streets, street rights-of-way, driveways, parking areas, structures, above ground public utilities, including stormwater management facilities, or other improvements, except as may be approved for recreational or historic preservation purposes in a development plan or site plan.

Outdoor display area: An area generally considered accessible to the public that utilizes parking spaces or paved and/or graveled areas to display goods for sale, rental, or lease, except those areas counted as part of the gross floor area for purposes of calculating required parking. Goods include but are not limited to vehicles, recreation equipment, trailer sales, heavy equipment, manufactured homes, industrialized buildings, agricultural equipment, yard and landscaping equipment, and other similar products.

Parking bay: Multiple parking spaces arranged in single or double loaded rows.

Parking lot: A defined area for the storage of operable motor-driven vehicles and operable accessory vehicles. A parking lot includes all areas used for parking, maneuvering, loading, driveways, travelways, and drive-throughs, except public street ingress and egress.

Parking, off-street: Any on-site space specifically allotted to or required for vehicle and bicycle parking.

Parking space: The area required for parking one (1) automobile which shall be a minimum of nine (9) feet wide and eighteen (18) feet long, not including passageways.

Parking unit, private: A self-contained and privately maintained area accessed by a public street but allowing no through traffic routes and providing such off-street parking as may be required under this chapter for the building served. Said parking unit may be entered by a private drive from the public street; provided, that such drive offers adequate ingress and egress for emergency vehicles and otherwise complies with acceptable city standards.

Pet adoption: The transfer of ownership of a dog or cat, or any other companion animal from a releasing agency to an individual. Such transfer of ownership does not include the purchase, sale, transfer, exchange or bartering of companion animals for compensation or profit.

Pet shop: Retail establishment where companion animals are bought, sold, exchanged, or offered for sale or exchange, to the general public.

Plan of development: A sketch of the site drawn to scale, showing the dimensions and acreage of the property, and approximate location of buildings, roads, parking areas and landscaping, the number of dwelling units or commercial or other types of buildings and other information essential for determining whether the provisions of this chapter are being observed, such as pertinent site engineering data.

Plant nurseries, greenhouses, landscaping businesses, and similar operations: A facility where plants and landscaping materials are raised and/or sold. Such uses must be served by a permanent building. These uses may include the storage of materials used for installation of landscaping materials.

Plat: A drawing, map or plan for a parcel of land or subdivision, or rearrangement, revision or resubdivision of land.

Portable restroom facility: A movable restroom facility including but not limited to single portable toilets, portable sinks, trailer-mounted toilets, and restroom trailers that may include showers and tubs. Portable restroom facilities, as defined herein, shall be considered accessory buildings.

Premises: A parcel of land, together with any building or structures occupying it.

Private club: An association organized and operated on a nonprofit basis for persons who are bona fide members paying dues, with which the association owns or leases premises, the use of which premises is restricted to such members and their guests, and which manages the affairs of such association by and through a board of directors, executive committee, or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided adequate dining space and kitchen facilities are available. This definition includes country clubs.

Professional offices: Offices limited to personal services customarily performed by professionals such as doctors, dentists, architects, engineers, lawyers, accountants, real estate agents, insurance agents and brokers, who are not dependent on extensive on-site advertising.

Property owners' association: A non-profit organization or other legal entity established and constituted in accordance with the Virginia Property Owners' Association Act.

Public floor area: The gross building area, as figured on a per-story basis, which clearly serves the general public, such as vestibules and lobbies, corridors, waiting rooms and toilets, servicing areas, and required stairs, ramps and elevators. Employee oriented areas, such as kitchens and freezer rooms, storage, maintenance and service areas, shall not apply. Unfinished areas shall be included and figures on the basis of potential use.

Public use: Any instance where a lot or parcel of land, or any improvement on a lot or parcel of land, is used by (1) the city, or (2) another governmental entity having a contractual relationship with the city for the use of such lot or parcel or improvement.

Recovery residence: A dwelling unit that (i) is certified by the Virginia Department of Behavioral Health and Developmental Services or has initiated the certification process, (ii) provides alcohol-free and illicit-drug-free housing to individuals with substance abuse disorders and individuals with co-occurring mental illness and substance abuse disorders and, (iii) does not include clinical treatment services. A recovery residence must be certified by the Virginia Department of Behavioral Health and Developmental Services within twelve (12) months of opening to meet this definition.

Right-of-way lines: Lines which separate private property from dedicated public property containing or proposed to contain publicly owned street surfaces, curb and gutter, sidewalks and planted strips. Where a public street is designated on the major thoroughfare plan, all requirements of this chapter which relate to rights-of-way shall be measured from the indicated proposed right-of-way lines.

Screening: The use of fences, decorative walls or other physical or structural enclosures or plant material to separate uses and hide from view materials which require screening. Screening shall be required for outside storage areas only when called for by the zoning ordinance. Fences, decorative walls or other physical or structural enclosures used for screening shall be opaque to obstruct view of storage materials, with the finished face facing outside, and shall be at least six (6) feet in height with a maximum of eight (8) feet in height. If plant materials are used for screening purposes, they shall be three (3) to four (4) feet in height at planting time and shall otherwise meet the same intent as stated for fencing, etc. with the exception of height described herein. Screening, including walls and plant material, for parking lots and garages adjacent to public streets may be a minimum of four (4) feet in height rather than six (6) feet as specified above for other types of screening.

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

Shopping center: Commercial development of more than one (1) retail sales or service establishment on a single parcel of common ownership attached by common walls or if located in separate buildings are interconnected by walkways and/or access ways, providing common parking facilities for all establishments, having multiple tenancy of a single or several large common structures, and otherwise present the appearance of one continuous commercial area.

Short-term rental: The provision of a dwelling unit, a guest room or accommodation space within the dwelling unit, or any accessory building that is suitable or intended for transient occupancy for dwelling, sleeping, or lodging purposes and is offered in exchange for a charge for the occupancy.

Site plan: Refer to article D for site plan review.

Small cell facility: A wireless telecommunications facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six 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 cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 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, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

Specified anatomical areas: (1) Less than completely and opaquely covered: (i) human genitals, pubic region, buttock; and (ii) female breast below a point immediately above the top of the areola. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities: (1) Human genitals in a state of sexual stimulation or arousal. (2) Acts of human masturbation, sadomasochistic abuse, sexual penetration with an inanimate object, sexual intercourse or sodomy. (3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Steep slopes: Natural slopes prior to land disturbance or construction that exceed fifteen (15) percent (0.15). Such slopes are measured as the rise in elevation over the horizontal distance between contour lines on a topographic map with a contour interval of five (5) feet or less.

Story: Excluding basements, a portion of a building for living between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between the floor and the ceiling next above it.

Street: A public thoroughfare which affords the principal means of access to abutting property, including any avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley which is designated or dedicated for public use.

Structure: Anything constructed or erected, the use of which requires location on the premises or which is attached to something having location on the premises.

Structural alteration: Any change in the supporting members of a structure, such as bearing walls or partitions, columns, beams, or girders.

Support structure: With regard to wireless telecommunications, any structure that may support a wireless telecommunications facility including but not limited to telecommunications towers, alternative support structures, and structures that may be attached to or on top of buildings and other structures.

Swarm: Honeybee colony that has outgrown its beehive, becomes too congested or too populated; therefore, a portion of the honeybees leave to form a new colony.

Telecommunications: Any transmission, emission or reception of signs, signals, sounds, voice, text, images, video, data, information or intelligence of any nature by wire, radio, optical or other electromagnetic systems.

Telecommunications tower: Any structure, except concealed wireless telecommunications facilities, designed, constructed, erected, repurposed or re-used for the sole or primary purpose of providing and supporting wireless telecommunications services. Such structures include but are not limited to guyed structures, monopole structures, lattice-type structures, and other freestanding self-supporting structures as well as decommissioned water towers and tanks, feed mills, utility towers, towers erected primarily for the use of the Harrisonburg-Rockingham Emergency Communications Center, and other decommissioned structures that were erected primarily for something other than providing and supporting wireless telecommunications services.

Temporary wireless telecommunications facility: A readily movable self-contained wireless telecommunications facility used to provide provisional wireless telecommunications services. An example is a cell on wheels (COW).

Tobacco, smoke, or vape shop: A business involving the sale or sampling of tobacco products, nicotine vapor products, alternative nicotine products, and hemp products, as those terms are defined in the Code of Virginia § 18.2-371.2, and any kratom products as regulated by the Code of Virginia § 59.1-200, and where such products are twenty-five (25) percent or more of the store's total inventory or fifteen (15) percent or more of the store's total display area.

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

Vehicle fuel station: Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any vehicle fuels, oils or accessories.

Vehicle, inoperable: Any vehicle not capable of being used on public streets or roads and/or on which a state inspection and/or license is not displayed or has expired for more than thirty (30) days.

Vehicle repair: Premises where mechanical, bodywork, or other similar work is performed on vehicles.

Vehicle sales: Premises where the primary occupation is the sale or rental of any vehicle and can include ancillary service or repair of any vehicle. Such use may include the storage of inoperable vehicles for a period not to exceed ninety (90) days.

Wireless telecommunications facility: Any unmanned facility established for the purpose of providing wireless telecommunications services. Such facilities can consist of one or more antennas and accessory equipment, equipment cabinets, telecommunications towers, concealed wireless telecommunications facilities, distributed antenna systems, industrial microcells, base stations, small cell facilities, or any combinations thereof. This definition does not apply to equipment for radio or television studios, facilities designed for amateur radio use, or for residential or household uses (i.e. consumer microcells, etc.).

Yard: A space on the same lot with a principal building, open, unoccupied and unobstructed by buildings or structures from ground to sky except where encroachment and accessory buildings are expressly permitted herein.

Zoning district: See "District."

Zoning administrator: See "Administrator."

(Ord. of 4-23-96; Ord. of 10-28-97; Ord. of 2-10-98; Ord. of 6-9-98; Ord. of 1-12-99; Ord. of 2-22-02; Ord. of 3-26-02; Ord. of 9-24-02; Ord. of 8-12-03; Ord. of 6-14-05; Ord. of 10-25-05; Ord. of 8-14-07; Ord. of 11-25-08(1); Ord. of 2-24-09(1); Ord. of 4-28-09(3); Ord. of 6-23-09(3); Ord. of 3-13-12(10); Ord. of 4-24-12(3); Ord. of 11-27-12(1); Ord. of 3-26-13(1); Ord. of 8-26-14(1); Ord. of 7-28-15(2); Ord. of 8-25-15; Ord. of 5-10-16(2); Ord. of 3-28-17(1); Ord. of 8-22-17(1); Ord. of 5-22-18(1); Ord. of 11-27-18(2); Ord. of 3-26-19(1); Ord. of 6-25-19(4); Ord. of 9-8-20(2); Ord. of 2-13-24; Ord. of 6-25-24(1); Ord. of 9-24-24(1); Ord. of 1-28-25(2); Ord. of 4-22-25)