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Isle Of Wight County Unincorporated
City Zoning Code

ARTICLE III

Use Types.

Sec. 3-1000.- Purpose.

The purpose of the use types is to establish a classification system for land uses and a consistent set of terms defining uses permitted within various zoning districts. The use types section also facilitates the process of determining the applicable use type of any activity not clearly within any defined use type. The use type categories are as follows: agricultural, residential, civic, office, commercial, industrial, and miscellaneous. (7-7-05; 7-19-18; 11-15-18.)

Sec. 3-1001. - Interpretation.

A.

In the event of any question as to the appropriate use type of any existing or proposed use or activity, the administrator shall have the authority to determine the appropriate use type. In making such determination, the zoning administrator shall consider the operational and physical characteristics of the use in question. In addition, the administrator shall consider the specific requirements of the use in common with those included as examples of use types. Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive lists. The administrator may also determine that a proposed use or activity is sufficiently different from any use type listed below and will require an amendment to the text of this ordinance.

B.

The zoning administrator shall make such determinations of appropriate use types in writing, which shall include an explanation of the reasons for the determination.

C.

A determination of the zoning administrator may be appealed to the board of zoning appeals pursuant to the procedures for administrative appeals outlined in section 1-1019, provisions for appeals, variances and interpretations. (7-7-05; 7-19-18; 11-15-18.)

Sec. 3-2000. - Agricultural use types.

Agricultural crop service tower and antenna.\ A structure on which an antenna or dish is installed as part of an agricultural operation.

Agricultural farm equipment sales and service.\ The sale or rental of new and/or used farm, forestry, and construction equipment, displayed and sold on the premises. This definition also includes repair and service of such equipment.

Agricultural farm product processing, warehousing and distribution service.\ Facility where farm products are brought in from other farms not owned by the facility owner or operator where the products are kept for storage, processing and/or distribution, including refrigerated warehousing. This definition shall include cotton gins, peanut buying stations, granaries, and soybean buying stations, but shall not include the storage and/or processing or distribution of livestock.

Agricultural feed seed and farm supply service.\ An establishment where feed, seed, animal and agricultural supplies are primarily sold in bulk quantities.

Agricultural service/agent.\ An establishment primarily engaged in providing services specifically to the agricultural community which is not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services.

Agriculture.\ The use of land for the production of food and fiber, including horticulture, hydroponics, truck gardens, cultivation of field crops, nurseries, orchards, viticulture, livestock operations, dairy farms, and the use of heavy cultivating machinery, and irrigation machinery. This definition shall also include the following uses as accessory uses: grain dryers and related structures, the storage of fertilizer, the storage of petroleum, agricultural service towers and antennas, and the repair of personal farming equipment.

Agritourism.\ Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, breweries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions, regardless of whether or not the participant paid to participate in the activity. (See article IV, (zoning district and boundaries), part 2A, (agritourism), section 2A003, (agritourism activities) for a list of permitted activities.)

Aquaculture.\ Land or activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish and aquatic plants for sale.

Aquaculture, waterfront business.\ Commercial waterfront activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish and aquatic plants for sale. This use shall also include a commercial fishing pier open to the general public.

Commercial feedlot.\ A lot, yard, structure, corral or other area subject to any applicable regulations administered and enforced by the Virginia Department of Environmental Quality in which livestock is confined, primarily for the purpose of feeding, growing, raising, holding, and birthing, prior to slaughter or sale. Included in this description are commercial feedlots, commercial poultry houses, and other similar intensive livestock operations.

Fair, agricultural.\ Public event usually outside where agricultural goods, exhibits, and farm animals are shown and sold, and where there is often food and entertainment.

Family Burial Plot.\ A private burial ground limited to persons related by blood or marriage.

Farm employee housing.\ A manufactured home, Class A or B, as defined under residential use types, located on a farm for the purpose of housing an employee of that farm operation and his/her family. Also included in this use type would be multifamily dwelling(s) for seasonal employees in connection with an agricultural use, which relies on seasonal employees who must be housed.

Farmer's market.\ A market held in a structure or open area for the sale of seasonal produce such as meat, fish, fruits, vegetables, flowers and plants.

Forestry operation, silvicultural and/or timbering.\ The development or maintenance of a forest or woodland area under a forest management plan. Included are establishments in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or other silvicultural activities, as defined in Article 10.1, Section 1181.1 of the Code of Virginia.

Greenhouse, commercial.\ See "garden center" listed under commercial use types.

Greenhouse, private.\ The growing and storage of garden plants, shrubs, trees, flowers, vegetables, and other horticultural and floricultural products within a building whose roof and sides are made of glass or other transparent or translucent material. Items grown are used and/or consumed by the occupants of the premises.

Livestock auction market.\ A commercial establishment wherein livestock is collected for sale and auction.

Reptile breeding.\ Activities devoted to breeding a wide variety of reptiles, including turtles, snakes and lizards to pet or commercial markets.

Roadside stand.\ See "wayside stand."

Sawmill, private.\ A facility used on a temporary or permanent basis where logs or partially processed cants produced from the property are sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products exclusively for the personal use of the owner or occupant of the property.

Stable, commercial.\ The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non-paying guests. Included in this definition are riding academies. A stable/tack shop is also included in this use type as an accessory use.

Stable, private.\ The keeping, breeding or raising of horses or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests.

Viticulture.\ The cultivation and study of grapes and grapevines.

Wayside stand.\ A structure erected on the occupant's property used for the sale of agricultural or horticultural produce, livestock or merchandise produced on the farm by the owner or his family. (7-7-05; Ord. No. 2011-11-C, 7-7-11; 9-17-15; 7-19-18; 11-15-18.)

Sec. 3-3000. - Residential use types.

Accessory apartment.\ An accessory dwelling unit on the same lot as a single-family detached dwelling or a commercial use that is clearly incidental and subordinate to the main use or a separate, complete dwelling unit that is substantially contained within the structure of, and clearly secondary to, a single-family dwelling.

Apartment house.\ See "multifamily dwelling."

Boathouse.\ An accessory structure which is constructed either wholly or partially over a body of water, which is designed primarily to provide shelter for water craft or for marine related equipment, for the personal enjoyment of the occupants of the property.

Community recreation.\ A recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are proposed or planned in association with development and are usually located within or adjacent to such development. Such uses may include clubhouses, swimming pools, workout facilities, and tennis courts.

Condominium.\ A building or group of buildings containing three (3) or more residential units in which the units are owned individually and the structure, common areas and facilities are owned by all of the owners on a proportional, undivided basis and which has been created by the recordation of condominium instrument pursuant to the provision of Chapter 4.2 of Title 55 of the Code of Virginia.

Congregate housing.\ A type of housing in which each individual or family has a private bedroom or living quarters but shares with other residents a common dining room, recreational room, or other facilities.

Dwelling, multifamily conversion.\ A multifamily dwelling containing not more than four (4) dwelling units and results from the conversion of a single building containing at least two thousand (2,000) square feet of floor area that was in existence on the effective date of this ordinance and that was originally designed, constructed and occupied as a single-family residence.

Dwelling, single-family.\ A one-family dwelling unit which is surrounded on all sides by yards or other open pace located on the same lot and which is not attached to any other dwelling by any means.

Dwelling, single-family, farm.\ A one-family dwelling unit which is surrounded on all sides by yard or other open space located on the same lot and which is not attached to any other dwelling by any means, and is located on a lot or parcel containing at least ten (10) acres.

Dwelling, two-family.\ A structure arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units on the same lot. This use also includes duplexes.

Family day care home.\ A child day care program offered in the residence of the provider or in the residence of any of the children being cared for and serving six (6) 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. Caring for five (5) or less children shall be considered babysitting as a home occupation.

Group home.\ A residential facility, as defined in Section 15.2-2291 of the Code of Virginia, in which no more than eight (8) mentally ill, mentally retarded, or developmentally disabled persons reside, with one (1) or more resident or non-resident staff persons which will be considered as residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia. Any use not meeting the definition of "group home" a herein stated, shall require a special use permit pursuant to section 1-1018 of this ordinance.

Guest house.\ Dwelling or lodging units for a temporary nonpaying guest or guests in a separate accessory building.

Home occupation, Type I.\ An accessory use of a residence for gainful employment involving the provision of goods and/or services in accordance with subsection 5-5002.1, and which affords the greatest degree of protection to surrounding residents in those areas which are developing and becoming more suburban in nature.

Home occupation, Type II.\ An accessory use to a residence for gainful employment involving the provision of goods and/or services in accordance with subsection 5-5002.1, and which are associated with the more traditional agricultural and forestry related activities found in the rural areas.

Kennel, private.\ The keeping, breeding, raising, showing or training of dogs for personal enjoyment of the occupants of the property, and for which commercial gain is not the primary objective.

Manufactured home, Class A.\ A manufactured home, commonly referred to as a "doublewide," constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect as the time of construction.

Manufactured home, Class B.\ A manufactured home, commonly referred to as a "singlewide," constructed after July 1, 1976, that meets or exceeds the construction standards promulgated by the U.S. Department of Housing and Urban Development that were in effect at the time of construction.

Manufactured home, Class C.\ Any manufactured home, usually consisting of a "singlewide," but also includes "doublewide", constructed before July 1, 1976.

Manufactured home, family member residence.\ A manufactured home, Class B located on a lot or parcel with an existing single-family dwelling. The inhabitant of the manufactured home is a family member of the owner of the existing single-family dwelling.

Manufactured home, temporary residence.\ A manufactured home, Class B (singlewide) used temporarily during the construction, repair or renovation of a permanent residential structure on a single lot or parcel.

Manufactured home park.\ A residential use in which more than one (1) manufactured home is located on a single lot or tract of land.

Manufactured home subdivision.\ A subdivision especially designed and improved to accommodate manufactured homes and in which lots are sold for occupancy by manufactured homes.

Multifamily dwelling.\ A building or portion thereof, which contains three (3) or more dwelling units for permanent occupancy, regardless of the method of ownership. Included in the use type would be garden apartments, low and high-rise apartments, and apartments for elderly housing.

Temporary emergency housing.\ A manufactured home, Class B or recreational vehicle used temporarily for a period of reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, acts of nature or used temporarily as housing relief to victims of declared disaster.

Townhouse.\ A grouping of two (2) or more attached single-family dwellings in a row in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common fire-resistant walls.

Urban beekeeping.\ Beekeeping on any residentially zoned property. Beekeeping in the Rural Agricultural Conservation (RAC) District, and the Rural Residential (RR) District, shall not be considered urban beekeeping. (7-7-05; 7-17-14; 12-15-14; 7-19-18; 7-18-19.)

Sec. 3-4000. - Civic use types.

Administrative service.\ Governmental officials providing administrative, clerical or public contact services that deal directly with the citizen. Typical uses include federal, state and county offices.

Adult care center.\ A facility that provides care to adults during part of the day only and which includes personal supervision of the adults and promotes social, physical, and emotional well-being through companionship, self-education and leisure time activities.

Assisted living facility.\ Any congregate residential setting that provides personal and health care services, twenty-four-hour supervision, meals, housekeeping and assistance (scheduled or unscheduled) for the maintenance, or care of four (4) or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting. Residents are primarily in good health and are in need of residential care rather than medical treatment.

Cemetery.\ A place used for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments, or a combination thereof.

Cemetery, animal.\ A parcel of land or portion thereof, buildings, and/or structures used for the interring of animal remains.

Cemetery, church.\ A parcel of land or portion thereof, buildings, and/or structures, owned and operated by a church, used for the interring of human remains.

Cemetery, private.\ A parcel of land or portion thereof, buildings, and/or structures, privately owned and operated, used for the interring of human remains.

Cemetery, public.\ A parcel of land or portion thereof, buildings, and/or structures, owned and operated by the county, state, or federal government, used for the interring of human remains.

Child care center.\ A child day program offered to 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.

Child care institution.\ Any institution maintained for the purpose of receiving children for full-time care, maintenance, protection and guidance separated from their parents or guardians. This shall not include primary or secondary educational facilities or summer camps.

Club.\ A use providing meeting, or social facilities for social clubs, fraternal/sororal organizations, lodge, and similar organizations and associations, primarily for use by members and guests. Recreational facilities, unless otherwise specifically cited in this section, may be provided for members and guests as an accessory use. This definition excludes hunt clubs and dance halls, which are defined separately.

Community center.\ A place, structure, or other facility used for providing civic and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community. This use can also be referred to as a convention or civic center.

Correctional facility.\ A publicly or privately operated use providing housing and care for individuals legally confined, designed to isolate those individuals from the community.

Crisis center.\ A facility providing temporary protective sanctuary for victims of crime or abuse, and homelessness including emergency housing during crisis intervention for individuals, such as victims of rape, child abuse, or physical beatings.

Cultural service.\ A library, museum, or similar public or quasi-public use displaying, preserving and exhibiting objects of community and cultural interest in one (1) or more of the arts or sciences. Such uses shall include, but are not limited to, libraries, museums, art galleries, and art centers.

Educational facility, college/university.\ An educational institution authorized by the Commonwealth of Virginia to award associate, baccalaureate or higher degrees.

Educational facility, primary/secondary.\ A public, private or parochial school offering instruction at the elementary, junior and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the Commonwealth of Virginia.

Halfway house.\ An establishment providing accommodations, rehabilitation, counseling, and supervision to persons suffering from alcohol or drug addiction or similar disorders, and/or to persons re-entering society after being released from a correctional facility or other institution.

Life care facility.\ A residential facility primarily for the continuing care of the elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in nursing home-type care, where all related uses are located on the same lot. Such facility may include other services integral to the personal and therapeutic care of the residents.

Modular classroom.\ Portable, prefabricated buildings which are constructed off site and used as temporary facilities in relation to expanding educational facilities.

Nursing home.\ A facility whose primary function is to provide nursing and health-related services for the treatment and inpatient care of two (2) or more unrelated individuals, including facilities known as convalescent homes, skilled nursing facilities or skilled care facilities, intermediate care facilities, extended care facilities and nursing or nursing care facilities. A hospice is also included in this use. Excluded from this use type is any facility providing surgical or emergency medical services and facilities providing care for alcoholism, drug addiction, mental disease, or communicable disease.

Park and ride facility.\ A publicly owned, short-term parking facility for commuters.

Post office.\ Postal services directly available to the consumer operated by the United States Postal Service.

Public sports/event facility.\ Facilities owned and operated by a government or quasi-government agency accommodating public assembly for sports, amusements, or entertainment purposes. Typical uses include auditoriums, sports auditorium, convention facilities, fairgrounds, and incidental sales and exhibition facilities.

Public maintenance and service facility.\ A government owned or operated facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities.

Public park and recreational area.\ Government owned and operated park, picnic area, playground, indoor or outdoor athletic facility, game preserve and open space.

Public safety service.\ Facility for the conduct of safety and emergency services for the primary benefit of the public, whether publicly or privately owned and operated, including police and fire protection services, emergency medical and ambulance services, and helicopter landing sites.

Religious assembly.\ A use providing regular organized religious worship and related incidental activities within or out of a structure including accessory uses, such as day care facilities, but not including educational facilities, primary and secondary.

Rehabilitation service.\ A use providing recuperative or similar services for persons requiring rehabilitation assistance as a result of physical, mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a twenty-four-hour day.

Transit station.\ A passenger station for vehicular, and rail mass transit systems, including facilities providing maintenance and service for the vehicles operated in the transit system. Included in this definition are buses, taxis, railway, etc.

Utility service/major.\ A service of a regional nature which normally entails the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community wastewater treatment plants, and water supply and production in excess of fifty thousand (50,000) gallons per day. Included in this definition are also electric, gas and other utility transmission lines of a regional nature that are not otherwise reviewed and approved by the Virginia State Corporation Commission.

Utility service/minor.\ A service which is necessary to support development within the immediate vicinity and involve only minor structures. Included in this use type are distribution lines and small facilities that are underground or overhead, such as transformers, relay and booster devices, remote switching stations, well water, and sewer pump stations. (7-7-05; 5-27-10; Ord. No. 2012-10-C, 10-18-12; 3-20-14; 7-17-14; 11-17-16; 7-19-18; 11-15-18.)

Sec. 3-5000. - Office use types.

Financial institution.\ Provision of financial and banking services to consumers or clients. Walk-in/drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, saving banks, credit unions and lending establishments.

General office.\ Use of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, travel or other business offices; organization and association offices; or law, architectural, engineering, accounting or other professional offices.

Laboratory.\ Establishment primarily engaged in performing research or testing activities into technological matters. Typical uses include engineering and environmental laboratories, medical, optical, dental and forensic laboratories, x-ray services, and pharmaceutical laboratories only involved in research and development. Excluded are any laboratories which mass produce one (1) or more products directly for the consumer market.

Medical office.\ Use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance stop. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia. Such uses shall not exceed ten thousand (10,000) square feet of floor area. (7-7-05; 7-19-18; 11-15-18.)

Sec. 3-6000. - Commercial use types.

Adult entertainment establishment.\ An establishment having a substantial or significant portion of its stock in trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to "specified sexual activities" or "specified anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material. This use includes any adult bookstore, adult mini-motion-picture theater, adult picture theater, cabaret, drug paraphernalia store, and internet sweepstakes cafe.

Auction establishment.\ A structure or enclosure where goods are sold by auction on a recurring basis. Expressly excluded from this use are nonrecurring auctions of property, possessions, estates, and other items located at the premises where the auction is being conducted.

Bed and breakfast.\ A dwelling or portion thereof, in which lodging is provided by the owner or operator who resides on the premises. This use offers short-term lodging rooms and meals for transient guests, none of who remain for more than fourteen (14) consecutive nights each. This definition shall include the term tourist home.

Boarding house.\ A single-family dwelling unit, or part thereof, with three (3) or more rooms that are rented individually or collectively by long-term residents (at least month-to-month tenants) as opposed to overnight or weekly guests. A boarding house may make provisions for serving meals.

Boat repair yard.\ See "marina" listed under commercial use types.

Boating and fishing facilities.\ Facilities catering to the general public, whether an admission is charged or not, where provisions are made for fishing from the shoreline or from a pier and/or launching or rental of boats are available on-site.

Business support service.\ Establishment or place of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, mail and packaging stores, as well as temporary labor services.

Business or trade school.\ A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary and secondary, or college and university, or as a home occupation.

Campground.\ Any site, lot, parcel or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and recreational equipment, recreational vehicles, and which is primarily used for recreational purposes and retains an open air or natural character.

Campground, workforce.\ A small campground facility intended for the temporary workforce routinely required by establishments in the community for periods of up to one hundred twenty (120) days at a time, and are intended to have only the minimum essential services necessary for recreational vehicles.

Car wash.\ Washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes.

Catering.\ Any establishment engaged in the preparation of food and beverages, or where food containers or supplies are kept, handled, prepared, packaged or stored for off-site distribution to individuals, events, and satellite operations.

Commercial equipment repair, accessory to dwelling.\ The repair and/or maintenance of mechanical, electrical, or electronic devices and equipment, such as, computers, televisions, lawnmowers, household appliances, machine parts, and other similar devices.

Commercial indoor amusement.\ Establishments which provide games of chance, skill or scoring other than an incidental use of the premises. Games would include pinball and video machines, pool and billiard tables and other similar amusement or entertainment devices, whether or not they are coin-operated, and also card games, bingo, and off-track betting. Typical uses include game rooms, pool halls, video arcades, and bingo parlors.

Commercial indoor entertainment.\ Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, drama theaters, concert or music halls.

Commercial indoor sports and recreation.\ Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice- and roller-skating rinks, indoor racquetball, squash courts, swimming, and/or tennis facilities, archery and indoor shooting ranges and similar uses.

Commercial outdoor entertainment/sports and recreation.\ Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include motor vehicle, boat, motorcycle or animal racing facilities/complexes, drive-in movies, miniature golf, amphitheaters and outdoor amusement parks, motorized cart and motorcycle tracks, and motorized model airplane flying facilities. Professional and semi-professional athletic fields shall also be included in this use.

Commercial outdoor swimming pool and tennis facility.\ Outdoor pools or tennis facilities operated by a commercial entity that are open to the general public usually requiring membership or some form of payment.

Construction office, temporary.\ A trailer used as a temporary office during a construction operation. This use includes construction office trailers occupied in conjunction with residential or nonresidential development.

Construction sales and service.\ Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding motor vehicle or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments.

Contractor office and storage facility.\ An establishment or place of business engaged in the construction of residential or commercial structures including trades that assist in building construction or remodeling including carpentry, electrical, masonry, painting, metalworking, flooring installation, ductwork, plumbing, heating, au conditioning, roofing, and other similar trades.

Convenience store.\ Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, limited household supplies and hardware.

Crematorium.\ A location used for cremation containing properly installed, certified apparatus for this process.

Dance hall.\ Any establishment open to the general public where dancing is permitted and a cover charge is directly or indirectly required for entry into the establishment. However, a restaurant licensed to serve food and beverages having a dance floor with an area not exceeding ten percent (10%) of the total floor area of the establishment shall not be considered a dance hall.

Equipment sales and rental.\ Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

Event center.\ A multipurpose facility with flexible indoor/outdoor space, typically used for activities such as weddings, conventions, meetings, job fairs, and trade shows.

Flea market.\ Occasional or periodic commercial activities held in an open area or enclosed structure where groups of sellers rent space on a short-term basis to display, barter, or sell goods to the general public. A fee may be charged for expected buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. A flea market is composed of semi-closed or outdoor stalls, stands, or spaces.

Funeral home.\ Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. This use excludes crematorium, which is defined separately.

Garden center.\ Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential and commercial consumers.

Gasoline station.\ A facility for the retail sale of motor vehicle fuels, oils, and accessories, where repair is incidental, where no more than two (2) abandoned vehicles or other motor vehicles shall be stored on the premises. May include the sale of propane or kerosene as an accessory use.

General store, country.\ A single store, the ground floor area of which is four thousand (4,000) square feet or less and which offers for sale, primarily, most of the following articles: bread, milk, cheese, candy, papers and magazines, and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity of a country general store.

Golf course.\ A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par three (3) golf courses.

Golf driving range.\ A limited area on which golf players do not walk, but onto which they drive golf balls from a common driving tee.

Hospital.\ A building or group of buildings having room facilities for one (1) or more patients, used for providing services for the inpatient medical or surgical care of sick or injured humans and which may include related facilities such as laboratories, outpatient departments, training facilities, central service facilities, ambulance stops and helicopter landing sites, and other incidental and subordinate uses integral to hospital operations.

Hospital, special care.\ A special care hospital shall mean an institution rendering care primarily for patients with mentally-related illness, or under treatment for alcoholism, substance abuse, etc.

Hotel/motel/motor lodge/inn.\ A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day or week. Such uses generally provide additional services such as daily maid service, restaurants, taverns, or public banquet halls, ballrooms, and meeting rooms and/or recreation facilities.

Itinerant merchant.\ A person who shall engage in, do or transact any temporary or transient business in the county, either in one (1) locality or in traveling from place to place in the sale of goods, services, wares and merchandise, and who, for the purpose of carrying on such business, shall hire, lease, use or occupy any building or structure, motor vehicle, tent, car, boat or public room, or any part thereof, including rooms in hotels, lodging houses or houses of private entertainment, any street, alley or other public place in any city or town or any public road in any county, for a period of less than one (1) year, for the exhibition of or sale of such goods, wares or merchandise.

Kennel, commercial.\ The boarding, breeding, raising, grooming or training of two (2) or more dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises.

Laundry.\ Establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services.

Lawn and garden services.\ Establishments primarily engaged in performing a variety of lawn and garden services, including Bermuda sprigging services, cemetery upkeep, garden maintenance, garden planting, lawn care, lawn fertilizing services, lawn mowing services, lawn mulching services, lawn seeding services, lawn spraying services, lawn sprigging services, mowing highway center strips and edges, seeding highway strips, sod laying and turf installation.

Manufactured home sales.\ Establishment primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, parts, and equipment.

Marina.\ A use for docking or mooring of more than four (4) boats (excluding paddle or rowboats) or providing services to boats, including servicing and repair, sale of fuel and supplies, and provisions of lodging, goods, beverages. A yacht or boat club shall be considered a marina.

Medical clinic.\ A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors. This use may include ambulance stops, helicopter landing sites, and other incidental and subordinate uses integral to providing outpatient care. This would include medical offices in excess of ten thousand (10,000) square feet of floor area.

Micro-brewery, distillery, cidery.\ See "Brewery, distillery, cidery" listed under industrial use types. A micro-brewery, distillery, cidery shall not exceed fifteen thousand (15,000) barrels per year in production.

Mini-warehouse.\ A building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of four hundred (400) square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods.

Motor vehicle dealership, new.\ The use of a building, land area or other premises for the display of new and used automobiles, trucks, vans, or motorcycles for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use.

Motor vehicle dealership, used.\ Any lot or establishment where two (2) or more used motor vehicles, including automobiles, trucks, and motorcycles are displayed at one (1) time for sale or lease, including warranty repair work and other major and minor repair service conducted as an accessory use.

Motor vehicle/outdoor storage.\ The outdoor storage of ten (10) or more operable motor vehicles, and/or watercraft, except when used in conjunction with a bonafide agricultural operation. Motor vehicles in this use shall include such items as cars, trucks, sports utility vehicles, motorcycles, watercraft, motor homes or RVs. This use shall specifically include vehicle impound areas for operable vehicles.

Motor vehicle parts/supply, retail.\ Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments which offer minor automobile repair services.

Motor vehicle/rental.\ Rental of motor vehicles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas.

Motor vehicle repair service/major.\ Repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses where major repair activities are conducted.

Motor vehicle repair service/minor.\ Repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services, automobile glass repair and similar repair and service activities where minor repairs and routine maintenance are conducted.

Pawn shop.\ A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property.

Peddler.\ A person who shall carry from place to place any goods, wares or merchandise and offer to sell or barter the same or actually sell or barter the same. All persons who do not keep a regular place of business, whether it is a house or a vacant lot or elsewhere, open at all times in regular business hours and at the same place, who shall offer for sale goods, wares and merchandise, shall be deemed a "peddler."

Personal improvement service.\ Establishment primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health fitness centers or gyms, reducing salons, dance studios, handicraft and hobby instruction, and baseball and basketball instruction facilities.

Personal service.\ Establishment or place of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry- cleaning stations serving individuals and households, massage therapy and chiropractic services.

Real estate office, temporary.\ A Class A or B manufactured home, single-family home or other structure used on a temporary basis as a real estate sales office in conjunction with residential development.

Recreational vehicle sales and service.\ Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories.

Restaurant, drive-in fast food.\ An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, primarily served in disposable containers at a counter, a drive-up or drive-through service facility or offers curb service.

Restaurant, general.\ An establishment engaged in the preparation of food and beverages. This use is characterized by table service to customers in nondisposable containers.

Retail sales.\ Sale or rental with incidental service of goods and merchandise for personal or household use which is not otherwise specifically described in the listing of commercial use types contained herein. Such uses include bakeries, drug stores, bookstores, furniture, gifts, hardware, grocery stores, clothing stores, and floral retail shops.

Short-term rental.\ The provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than thirty (30) consecutive days, in exchange for a charge for the occupancy. A short-term rental operator shall be further defined as the proprietor of any dwelling, lodging, or sleeping accommodations offered as a short-term rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other possessory capacity.

Studio, fine arts.\ A building, or portion thereof, used as a place of business for visual art, which may include sculptors, artists or photographers.

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

Taxidermy.\ A building where animal skins are prepared, stuffed and mounted for sale.

Truck stop.\ An establishment containing a mixture of uses which cater to the traveling public and in particular motor freight operators. A truck stop might include such uses as fuel pumps, restaurants, overnight accommodations, retail sales related to the motor freight industry, and similar uses.

Truck terminal.\ See "warehousing and distribution" listed under industrial use types.

Veterinary hospital/clinic.\ Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short-term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel.

Wholesale sales.\ Businesses engaged in the sale of goods primarily via mail order to other businesses and/or businesses engaged in the repackaging and resale of goods. Included in this use type are businesses that publish and operate mail order catalogues and wholesale operations that buy in large quantities for repackage or resale to mail order and internet sales customers. This use shall exclude warehousing and distribution, which is regulated as a separate use. (7-7-05; 8-21-08; 12-18-08; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-4-C, 4-18-13; 6-19-14; 7-17-14; 5-19-16; 11-17-16; 7-19-18; 11-15-18; 1-21-21; 12-14-23(2).)

Sec. 3-7000. - Industrial use types.

Abattoir or livestock processing.\ The use of land for the slaughter of livestock, including cattle, sheep, swine, goats and poultry, as a service, and from which there is sold no meat or other product of such slaughter other than materials generally considered inedible for humans and which are generated as waste and/or by-products of such slaughter, including, but not limited to, blood, bones, viscera, hides, etc., which may be sold for purposes of removal from site.

Asphalt or concrete plant.\ An establishment engaged in manufacturing or mixing of paving materials derived from asphaltic mixtures of tar or establishments primarily engaged in:

(1)

Manufacturing Portland, natural, masonry, pozzolanic, and other hydraulic cements;

(2)

Acting as batch or mixing plants, producing concrete to be delivered to the customer in a plastic and unhardened state;

(3)

Manufacturing concrete pipe brick, and block; and

(4)

Manufacturing other concrete products (except block, brick, and pipe).

Brewery, distillery, cidery.\ An establishment for the production and packaging of alcoholic beverages, such as beer, liquor, cider, mead, etc., for distribution, retail or wholesale, on-premises or off-premises, and which meets all Virginia Alcoholic Beverage Control laws and regulations. The facility may include other accessory uses such as retail sales, tasting rooms, restaurants, etc., as permitted in the district and as long as the accessory uses do not exceed the primary use in floor area or value.

Construction yard.\ Establishments housing facilities of businesses primarily engaged in construction activities, including the outside storage of materials and equipment used for the business operations. Typical uses may include site work companies to include excavating and grading activities, roadway construction and utility infrastructure companies, and other heavy construction companies.

Custom manufacturing.\ Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, and the use of mechanical equipment commonly associated with residential or commercial uses or a single kiln. Typical uses would include pottery, cabinet or woodwork shops.

Industry, Type I.\ Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Included would be assembly of electrical appliances, bottling and printing plants, and the manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and other chemicals, production of items made of stone, metal or concrete.

Industry, Type II.\ Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Included in this use type are industries involved in processing and/or refining raw material such as chemicals, rubber, wood or wood pulp, forging, casting, melting, refining, extruding, rolling, drawing, and/or alloying ferrous metals, and the production of large durable goods such as automobiles, manufactured homes, or other motor vehicles.

Industry, Type III.\ An establishment which has the potential to be dangerous or extremely obnoxious. Included are those in which explosives are stored, petroleum is refined, natural and liquid and other petroleum derivatives are stored and/or distributed in bulk, radioactive materials are compounded, pesticides, fertilizers and certain acids are manufactured, and hazardous waste is treated or stored as the establishment's principal activity.

Landfill, industrial.\ The use of land for the legal disposal of specific industrial waste which is a by-product of a manufacturing or production process.

Landfill, rubble.\ The use of land for the legal disposal of construction and demolition wastes consisting of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, metals and plastic associated with construction and wastes from land-clearing operations consisting of stumps, wood, brush, and leaves.

Landfill, sanitary.\ The use of land for the legal disposal of municipal solid waste derived from households, business and institutional establishments, including garbage, trash, and rubbish, and from industrial establishments, other than hazardous wastes as described by the Virginia Hazardous Waste Regulations.

Meatpacking.\ The processing of meat products and by-products directly from animals or offal from dead animals.

Recycling center.\ A privately operated facility for the collection and storage of recyclable materials designed and labeled separately for citizens to voluntarily take source materials for recycling.

Refuse and recycling center.\ A government-operated facility used for the collection of trash, garbage, and rubbish, including receptacles for the collection and storage of recyclable materials.

Resource extraction.\ A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use type shall be grading and removal of dirt associated with an approved site plan or subdivision, or excavations associated with, and for the improvement of, a bona fide agricultural use.

Sawmill, commercial.\ A facility where logs or partially processed cants are sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products for sale.

Scrap and salvage service.\ Any lot or place engaged in the storage, sale, dismantling or other processing of previously used materials. Typical uses include paper and metal salvage, the outdoor storage of more than five (5) inoperable vehicles to include retail and/or wholesale sales of such vehicles, used automobile parts and supplies, used tire storage, and the storage and/or sale of other items generally defined as "junk" as defined in article II.

Shipping container.\ Primarily a metal container used to pack, ship and store goods. On land they are kept in shipping or storage yards.

Transfer station.\ Any storage or collection facility which is operated as a relay point for municipal solid waste which ultimately is transferred to a landfill.

Towing service storage yard.\ An outdoor area or yard used by a tow service for the storage of inoperable, junk, or wrecked motor vehicles, with or without consent of the owner.

Warehousing and distribution.\ Uses including storage, warehousing and dispatching of goods within enclosed structures, or outdoors. Typical uses include storage warehouses, truck terminals and moving/storage firms.(7-7-05; 12-18-06; Ord. No. 2012-10-C, 10-18-12; 6-19-14; 9-18-14; 4-21-16; 5-19-16; 7-19-18; 11-15-18; 1-21-21.)

Sec. 3-8000. - Miscellaneous use types.

Amateur radio tower.\ A structure on which an antenna is installed for the purpose of transmitting and receiving amateur radio signals erected and operated by an amateur radio operator licensed by the FCC (Federal Communications Commission).

Aviation facility, commercial.\ Any area of land or water designated for the landing and take-off of scheduled aircraft flights, and any appurtenant areas designated, set aside, used or intended for use, for airport buildings or other airport facilities, rights-of-way, approach zones, together with all airport buildings and facilities.

Aviation facility, general.\ Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security. Aircraft includes helicopters, gyrocopters/planes, powered and nonpowered fixed-wing aircraft, hang gliders and paragliding and hot air balloons.

Aviation facility, private.\ Any area of land used or intended for the landing and taking-off of aircrafts for personal use of the tenant or owner of the site, not available for public use or commercial operations. Aircraft includes helicopters, gyrocopters/plane, powered and nonpowered fixed-wing aircraft, hang gliders and paragliding and hot air balloons.

Communication tower.\ A structure on which an antenna or dish is installed for the transmission, broadcasting or receiving of radio, television, radar, or microwaves, and similar types of devices. Included under this use type are aviation radio towers, and cellular phone towers. Excluded are amateur radio towers, which are described separately.

Composting system, confined vegetative waste or yard.\ A facility for the manipulation of the nature aerobic process of decomposition of organic materials to increase the rate of decomposition. Exempt from this definition are the disposal of agricultural wastes on the farm on which they are generated, the creation of brush piles on the property on which the material was generated, and the use of vegetative matter and untreated ground wood products to construct berms on the property on which the material was generated.

Hunt club.\ Uses and structures which serve as social organization gathering spots for persons engaged in hunting and fishing. Dog kennels may be considered an accessory use.

Parking facility, surface/structure.\ Use of a site for surface parking unrelated to a specific use or a parking structure which provides parking spaces together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements established by this ordinance. This use type shall not include parking facilities accessory to a permitted principal use.

Reconstructed wetland.\ A wetland constructed in a designated area which has not previously been a wetland and is isolated from existing wetlands to replace a wetland destroyed by human activity as required by a state or federal governmental authority.

Shooting range, outdoor.\ The use of land for archery and the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. Excluded from this use type shall be general hunting, and unstructured and nonrecurring discharging of firearms on private property with the property owner's permission.

Turkey shoot.\ A temporary event consisting of a shooting gallery to test individual marksmanship where the best marksman wins a prize, usually a turkey, hence the turkey shoot. (7-7-05; Ord. No. 2013-1-C, 4-18-13; 7-17-14; 7-19-18; 11-15-18.)