The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Additionally, words used in the present tense include the future, words in the singular number include the plural and the plural the singular.

Accessory use or building means a subordinate use or building customarily incidental to and located upon the same lot occupied by the main use or building, provided that no such accessory building shall be used for a dwelling.

Administrator, the, means the official charged with the enforcement of the zoning ordinance. In the absence of appointment of another person, the zoning administrator shall be the mayor.

Agriculture means the tilling of the soil, the raising of crops, forestry, horticulture and gardening, including the keeping or raising of domestic animals and fowl, excluding chickens as permitted in section 28-51(1)h and subject to the regulations set forth in section 28-61(a) and excluding any agricultural industry or business, such as fruit packing plants, dairies, animal hospitals or similar uses.

Alley means a public thoroughfare less than 30 feet wide.

Alteration any change in the total floor area, use, adaptability or external appearance of an existing structure.

Apartment, condominium or cooperative complex means a parcel of land with two or more structures housing individual living units.

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

Automobile service station means a building used or intended to be used for the retail sale of fuels, lubricants, air, water and other operating commodities for motor vehicles to include the space and facilities for the installation of such commodities, and in addition the space for facilities for the storage, minor repair and servicing of said vehicles, but not to include body repair, painting, steam cleaning, rust proofing and refinishing.

Automobile wrecking yard means an area where destroyed, abandoned, and obsolete automobiles are disassembled and where parts of said disassembled automobiles are generally sold, and where the remaining automobile bodies and their components are temporarily stored until they can be removed or reduced to scrap metal.

Basement means a story having more than one-half of its height below grade. A basement shall be counted as a story, for the purpose of height regulations, if it is subdivided and used for business purposes, or for dwelling purposes by other than a janitor employed on the premises.

Boardinghouse means a building where, for compensation, lodging and/or meals are provided for at least five but not exceeding 14 persons. A boardinghouse is to be distinguishable from a hotel.

Buildable area means the buildable area of a lot is the space remaining after the minimum yard requirements of this chapter have been complied with.

Building means any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels.

Building, height of, means the vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the building to the highest point of the roof if a flat roof, to the deck line of a mansard roof; or to the mean height level been the eaves and ridges of a gable, hip or gambrel roof; for buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building.

Building line means a line established, in general, parallel to the front street line between which and the front street line no part of a building shall project, except as otherwise provided by the chapter.

Building, main, means the principal building or one of the principal buildings upon a lot, or the building or one of the principal buildings housing the principal use upon the lot.

Building official means the department of building inspection for the county and its agents and employees designated with the responsibility of acting in the capacity of building inspector by said department.

Commission, the, means the town planning and zoning commission.

Conditional zoning. As part of classifying land within the town into areas and districts by legislative action, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to, or modification of the regulations provided for a particular zoning district or zone by the overall zoning ordinance.

Condominium means real property, and any incidents thereto or interests therein, lawfully submitted to the terms of Code of Virginia, title 55, ch. 4.2 (now Code of Virginia, title 55.1, ch. 19 (Code of Virginia, § 55.1-1900 et seq.)), by the recordation of condominium instruments pursuant to the provisions of said chapter 4.2 (now chapter 19 (Code of Virginia, § 55.1-1900 et seq.)). No project shall be deemed a condominium within the meaning of said chapter 4.2 (now chapter 19 (Code of Virginia, § 55.1-1900 et seq.)) unless the undivided interests in the common elements are vested in the unit owners.

Condominium unit means a unit together with the undivided interest in the common elements appertaining to that unit.

Cooperative means real estate owned by an association, each of the members of which is entitled, by virtue of the members' ownership interest in the association, to exclusive possession of a unit such interest being governed by Code of Virginia, title 55, ch. 24 (now Code of Virginia, title 55.1, ch. 21 (Code of Virginia, § 55.1-2100 et seq.)).

Court means an open space enclosed wholly or partly by buildings or circumscribed by a single building.

Density means the number of dwelling units on a particular zoning lot, for the purposes of this chapter the number of dwelling units permitted on one acre of land in the R-1 and R-2 districts.

Dwelling means any building, or portion thereof, which is designed for use for residential purposes, except hotels, boardinghouses, lodginghouses, tourist cabins, and trailers.

Dwelling, attached, means a dwelling having any portion of each of two walls in common with adjoining dwellings.

Dwelling, manufactured home, means a mobile home used as a residence by a single-family, containing one dwelling unit, and not meeting the statewide building code standards of a single-family dwelling (see Mobile home). Categories of manufactured home dwellings are as follows:

(1)

Class A, conventional multi-sectional: A traditional multi-sectional manufactured home constructed after July 1, 1976, that meets or exceeds the manufactured home construction and safety standards, promulgated by the U.S. Department of Housing and Urban Development.

(2)

Class B, conventional single: A traditional single manufactured home constructed after July 1, 1976, that meets or exceeds the manufactured home construction and safety standards, promulgated by the U.S. Department of Housing and Urban Development.

(3)

Class C, conventional: A manufactured home constructed before July 1, 1976, which does not meet the criteria of a Class A or B manufactured home.

Dwelling, multiple-family, means a building arranged or designed to be occupied by more than three families.

Dwelling, single-family, means a building arranged or designed to be occupied by one family, the structure having only one dwelling unit.

Dwelling, two-family, means a dwelling having two dwelling units, one above the other or a dwelling having two units side by side.

Dwelling unit means one or more rooms in a dwelling designed for living or sleeping purposes and having at least one kitchen.

Family means one or more persons related by blood or marriage occupying a premises as a family unit and living in a single dwelling unit, as distinguished from a group of persons unrelated by blood or marriage occupying a boardinghouse, lodginghouse, tourist home, or hotel.

Fence means a barrier, usually made of posts and wire or boards, intended to prevent escape or intrusion or to mark a boundary. Trees, shrubbery, or other foliage does not constitute a fence under this definition.

Floor area means the floor area of a building is the sum of the gross horizontal areas of the several floors of all buildings on the lot measured from the exterior faces of exterior walls. The term "floor area" shall include the area of basements when used for residential, commercial or industrial purposes but not including a basement or portion of a basement used for storage or housing of mechanical or central heating equipment.

Garage, private, means an accessory building used for the storage of vehicles by the occupants of a lot on which such building is located.

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

Governing body means the town council of Hurt, Virginia.

Home occupation means any occupation within a dwelling in a residential zone as provided for in article IX, division 7 of this chapter.

Hotel means a building designed or occupied as the more or less temporary abiding place of 14 or more individuals who are, for compensation, lodged, with or without meals, and in which provision is not generally made for cooking in individual rooms or suites.

Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, housing, or buying junk, or for the maintenance or operation of an automobile graveyard which is any lot or place, exposed to the weather, upon which more than five motor vehicles of any kind, incapable of being operated, are placed.

Lot means a parcel of land, occupied or intended for occupancy by a use permitted by the provisions and requirements of this chapter, which has a frontage on a street or an officially approved private means of ingress and egress.

Lot, corner, means a lot abutting on two or more streets at their intersection.

Lot coverage means the part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.

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

Lot of record means a lot which has been recorded in the office of the clerk of the circuit court of the county.

Lot, through (double frontage), means a lot, other than a corner lot, which has a frontage on two streets.

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

Manufacture and/or manufacturing means the processing and/or converting of raw, unfinished or finished materials, or products, or any or either of them, into an article or articles or substance of different character, or for use for a different purpose, industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles.

Mobile home means a structure, transportable in one or more sections which is eight body feet or more in width and is 32 body feet or more in length, and which is built on a permanent chassis, and designed to be used with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein.

Mobile home park or subdivision means premises where mobile homes are parked for living or sleeping purposes, or where spaces or lots are set aside or offered for sale or rent for use by mobile homes for living or sleeping purposes, including any land, building, structure, or facility used by occupants of mobile homes on such premises.

Modular home means a dwelling unit constructed on-site in accordance with either the statewide building code or the state one- and two-family dwelling code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

Nonconforming activity (use) means the otherwise legal use of a building, structure, or tract of land that does not conform to the use regulations of this chapter for the district in which it is located either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to the ordinance.

Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to the ordinance.

Nonconforming structure means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this chapter, or is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments to the ordinance.

Off-street parking space means a space at least ten feet wide and 20 feet in length with a minimum net area of 200 square feet, excluding area for egress and ingress and maneuverability of vehicles.

Open space, usable landscaped, means that space on the same zoning lot and contiguous to the principal building which is either landscaped with shrubs, planted with grass, or developed and maintained for recreation purposes, and excludes that portion of the lot which is utilized for off-street parking purposes.

Overhang means any projection, either roof, fixed awning, bay window, or similar cantilevered construction, which extends beyond the foundation of a structure. No such construction shall project into any required yard more than three feet and no such projection shall have a vertical surface whose area is more than 25 percent of the area obtained by multiplying the mean height of the structure by the length of the structure along the yard which is violated.

Person means individual, firm, corporation or association.

Porches means an open, unenclosed stoop or paved terrace which may project into a front yard for a distance not exceeding ten feet, but this shall not be interpreted to include porches which may be enclosed by removable windows or fixed canopies. A one-story bay window may project not more than three feet beyond the front line of the building.

Public grounds means area reserved, by deed or otherwise, for public use only.

Recreational vehicles (travel trailers and motor homes) means a vehicular, portable structure, either towed or self-propelled, built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use factory equipped for the road.

Roominghouse (lodginghouse) means a building other than a hotel where lodging is provided for three or more persons for compensation pursuant to previous arrangements but not open to the public or transients.

Setback means the distance by which any building or structure must be separated from the front property line.

Sign, gross area of, means the gross area of a sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such a sign. Such perimeter shall not include any structural elements lying outside the limits of such a sign and not forming an integral part of the display.

Solar energy facility, large-scale, means a private solar energy conversion system, whose primary purpose is to produce power, or offset power use, for on-site commercial, agricultural and industrial applications, consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware which has the rated capacity to produce more than 40 kilowatts (kW) of electrical power and which has a total site area of five acres or less.

Solar energy facility, small system, means a private solar energy conversion system, whose primary purpose is to produce power, or offset power use, for residential applications, consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware which has the rated capacity to produce not more than 40 kilowatts (kW) of electrical power.

Solar energy facility, utility-scale, means an energy conversion system, whose primary purpose is to produce power for consumption by, or under contract to, a utility provider, consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware which has a total site area of more than five acres.

Special exception means a special use, that is not permitted in a particular district except by a special use permit granted under the provisions of this chapter.

Story means that portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, the space between the floor and the ceiling next above it.

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

Street line means the dividing line between a street or road and the contiguous property.

Street, road, means a public thoroughfare which affords principal means of access to abutting property.

Structural alteration means any change in the supporting members of a building or structure, such as bearing walls, partitions, columns, beams or girders, or any change in the width or number of exist, or any substantial change in the roof.

Structure means 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 advertising signs, billboards and poster panels.

Subdivision and resubdivision. Subdivision is the division of a tract or parcel of land into two or more parts or lots for the purpose, whether immediate or future, of sale building development expressly excluding development for agricultural purposes, and includes resubdivision; resubdivision is a change in a map of an approved or recorded subdivision or resubdivision if such change:

(1)

Affects any street layout shown on such map;

(2)

Affects any area reserved thereon for public use; or

(3)

Diminishes the size of any lot shown thereon, if any of the lots shown thereon have been conveyed after the approval or recording of such map.

Tourist court, auto court, motel, hotel or motor lodge means a group of buildings containing individual sleeping rooms, designed for or used temporarily by automobile tourists or transients, with garage or parking space conveniently located to each unit. Cook facilities may be provided for each unit.

Tourist home means a dwelling where lodging only is provided for compensation for not exceeding 15 persons, in contradistinction to hotels and boardinghouses, and open to transients.

Townhouse means a series or group of single-family dwelling units consisting of four or more units in a structure in which each unit is separated from the others by solid common walls, and each unit served by its individual exterior entrance door, and is designed and intended to be individually owned along with the parcel of land which it occupies thereby served with its own utility service.

Travel trailer. See Recreational vehicle.

Use. The purpose or activity for which land or buildings thereon is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this chapter.

Use, intensity of. The intensity of a use correlates directly with the level of development such use entails. A more intensive use entails a higher level of development with more population density, more traffic congestion, more investment per acre and the requirement of more services such as utilities and police protection. For example, an industrial use is more intensive than a commercial or residential use. Conversely, a less intensive use entails a lower level of development, less population density, etc. For example, a single-family residential district is a less intensive use than a multifamily residential district.

Variance, in the application of a zoning ordinance, means 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. The term "variance" shall not include a change in use which change shall be accomplished by a rezoning or by conditional zoning.

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

Yard, front, means an open, unoccupied space on the same lot with a building, between the front line of the building (exclusive of steps) and the front (street) line and extending across the full width of the lot.

Yard, rear, means an open, unoccupied space on the same lot with a building, between the rear line of the building (exclusive of steps) and the rear line of the lot and extending the full width of the lot.

Yard, side, means an open unoccupied space on the same lot with a building between the side line of the building (exclusive of steps) and the side line of the lot and extending from the front yard line to the rear yard line.

Zoning appeals, board of, means the board of zoning appeals of the town.

Zoning permit means a permit issued by the zoning administrator to the applicant before the applicant may proceed with any work affected by any provision of this chapter.

(Code 1967, § 4-1; Amd. of 3-7-2017; Amd. of 3-24-2021; Ord. of 12-6-2022(2), § 1)