For the purpose of this ordinance, the following words and phrases shall have the meaning ascribed to them by this section:

Words used in the present tense include the future;

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

The word "building" includes the word "structure";

The word "shall" is mandatory and not directory; the word "lot" includes the word "plot," "parcel," and "premises;"

The word "person" includes individuals, partnerships, corporations, clubs, or associations;

The term "erect" and any derivative thereof shall be deemed to also include any one or more of the following terms: "construct," "reconstruct," "enlarge," and other forms thereof, but not the term "maintain," or any form thereof.

a.

Accessory building or use: A building or a use of land used for a purpose incident and subordinate to that for which a main building is used, and the use of premises for a purpose incident and subordinate to the main or dominant use of the premises.

b.

Automobile service stations: Any place of business having pumps and storage tanks at which fuels and oils for the use of motor vehicles are dispensed, sold, or offered for sale at retail, and where minor repairs (but not tire recapping) and inspections may be carried on incidental to sale of such fuels and oils. When such dispensing, sale or offering for sale is incidental to the conduct of a public garage, the establishment shall be deemed to be a public garage.

c.

Basement: That portion of a building between floor and ceiling which is partly below and partly above grade, but so located that the average vertical distance from average grade to the floor below is more than the average vertical distance from average grade to ceiling.

d.

Block: That property abutting one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting streets and railroad right-of-way, unsubdividing acreage, river or live stream, or other barrier of such size as to interrupt the continuity of development of both sides thereof.

e.

Boat: A vehicular portable structure, with or without a deck and with or without power designed for transportation on water.

f.

Boat trailer: A vehicular structure built on a chassis and designed for transporting boats.

g.

Building: Any structure having a roof supported by columns or walls built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind, except a tent or trailer. Where divided by party walls from the ground to the ceiling, each portion of a structure shall be deemed to be a separate building when tenancy of the portions is intended to be separate.

h.

Building, main: A building in which is conducted 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 on the lot on which the same is situated.

i.

Building height: The vertical distance from the "grade" level to the highest point of the coping of a flat roof or to the deck line of mansard roof or to the average height of the highest gable of a pitch or hip roof.

j.

Cellar: Same as basement.

k.

Cemetery: A place for burial of the dead, where lots are sold.

l.

Child care center: Any facility operated for the purpose of providing care, protection, and guidance to a group of ten or more children separated from their agents or guardian during a part of the day only except:

(1)

A facility required to be licensed as a summer camp under Code of Virginia, §§ 35-43 and 35-53;

(2)

A public school unless the commission of welfare and institutions determines that such private school is operating a child care center outside the scope of regular classes;

(3)

A school operated primarily for the educational instruction of children three to five years of age at which children three or four years of age do not attend in excess of four hours per day and children five years of age do not attend in excess of 6½ hours per day; and

(4)

A facility which provides child care on an hourly basis which is contracted for by a parent occasionally only.

m.

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

n.

Commission: The planning commission of the Town of Kenbridge, Virginia.

o.

Court: An open unoccupied space other than a yard on the same lot with a building or group of buildings and which is bounded on two or more sides by such building or buildings.

p.

Coverage: Percentage of the total lot area which may be occupied by buildings.

q.

Density: The number of dwelling units on a particular zoning lot; for the purposes of this ordinance, the number of dwelling units permitted on one acre of land.

r.

District: A portion of the Town of Kenbridge within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this ordinance.

s.

Drive-in establishment: A drive-in establishment is a place of business being operated for the sale and purchase at retail, of food and other goods, services, or entertainment, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles, or which allows the consumption of any food or beverage in automobiles on the premises or elsewhere on the premises but outside any completely enclosed structures. If, in addition to the consumption of food or beverages in automobiles or elsewhere on the premises outside of any completely enclosed structure, an establishment also allows for the consumption of such products within a completely enclosed structure, it shall be considered a drive-in establishment. The term "drive-in establishment" shall include, but is not limited to, drive-in restaurants, diners, grills, luncheonettes, sandwich stands, short-order cafes, theaters, service stations, and automobile laundries.

t.

Dwelling: Any building or portion thereof designed or used exclusively as living quarters by one person living alone or a family or by two or more persons living together, but not including a tent, cabin, travel trailer, mobile home or a room in a hotel or motel.

u.

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

v.

Dwelling, detached: A dwelling which is entirely free standing on the same lot.

w.

Dwelling, multiple-family: A building containing more than two dwelling units, such dwelling units being for rent only.

x.

Dwelling, semi-detached: A dwelling having any portion of one wall in common with an adjoining dwelling.

y.

Dwelling, single-family: A dwelling used or intended to be used exclusively for one dwelling unit.

z.

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

aa.

Family:

(1)

One person; or

(2)

A group of two or more persons living together and interrelated by legal marriage or by blood relationship or legal adoption or state approved foster care, as husband and wife, parent and child, grandparent and grandchild, great-grandparent and great-grandchild, aunt or uncle and niece and/or nephew occupying a dwelling and living as a single nonprofit housekeeping unit; or

(3)

A group of not more than three persons not related as indicated above, but occupying a dwelling and living as a single nonprofit housekeeping unit. The number of occupants residing in a single family dwelling shall not exceed ten. The burden of proof of any relationship shall be upon the occupants and/or owners of the dwelling.

bb.

Family day care home: Any private family home in which more than three children receive care, protection, and guidance during only a part of the 24-hour day, except children who are related by blood or marriage to the person who maintains the home.

cc.

Fence: 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 do not constitute a fence under this definition.

dd.

Floor area: 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, floor area shall include the area of basements when used for residential, commercial or industrial purposes but not include a basement or portion of a basement used for storage or housing of mechanical or central heating equipment.

ee.

Governing body: The town council of Kenbridge, Virginia.

ff.

Garage, private: An accessory building occupied, or intended for occupancy, by the passenger motor vehicles of the family resident on the lot, including a carport. If space for more than two vehicles in a garage or carport having a capacity of not more than three vehicles, or if more than one-half the space in a garage having a capacity of three or more vehicles, is occupied by any commercial vehicle, such garage shall be deemed to be a public garage.

gg.

Garage, public: Any building, or portion thereof, open to the public, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor-driven vehicles but not including any things which are incidental accessory to a permitted use. The term "repairing" shall not include an automobile body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.

hh.

Grade: The average of the finished ground level measured at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the grade (ground level) may be measured at the sidewalk.

ii.

Graveyard: A place of burial of human dead, consisting of one or more graves, which has been set aside and maintained by a church or family.

jj.

Home occupation: Any occupation, profession, enterprise, or activity conducted solely by one or more members of a family on the premises which is incidental and secondary to the use of the premises including the home office of a member of a recognized or licensed profession, such as an attorney at law, physician, dentist, musician or artist, real estate salesman, professional engineer; provided that:

(a)

Not more than the equivalent area of one quarter of one floor shall be used for such purposes;

(b)

That such occupation shall not require external alterations;

(c)

That no commodity is stored or sold, except such as are made on the premises;

(d)

There shall be no group instructions, assembly, or activity, or no display that will indicate from the exterior that the building is being utilized in part of any purpose other than that of a dwelling. Permitted home occupations shall not include the conduct of animal hospitals or kennels, beauty parlors, barbershops, nursing homes, convalescent homes, rest homes, tourist homes, massage parlors or similar establishments offering services to the general public.

kk.

Hospital: Unless otherwise specified, the term "hospital" shall include "sanatorium," "preventorium" or "clinic," and shall be deemed to mean a place for the treatment or other cure of human beings.

ll.

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

mm.

Junkyard: The use of more than 200 square feet of the area of any lot or the use of any portion of that half of any lot (but not exceeding a depth or width as the case may be, of 100 feet), which half adjoins any street, for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof. The term "junkyard" shall include "automobile graveyard" as defined by Chapter 304 of the Acts of 1938, but shall not include any of the things recited herein which are incidental and accessory to any industrial use.

nn.

(Reserved).

oo.

Kennel: A place where three or more dogs or cats more than six months old are kept, either private or for pay or for sale.

pp.

Laundromat: A building or part thereof where clothes or other household articles are washed in self-service machines and where such washed clothes and articles may also be dried or ironed and no delivery service is provided in connection therewith.

qq.

Lot: A single parcel of land occupied, or intended to be occupied, by a principal building or buildings and accessory buildings and uses, together with such open spaces as are required under the provisions of this ordinance not less than the minimum area required by this ordinance for a lot in the district in which such lot is situated and fronting on a street.

rr.

Lot area: The area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.

ss.

Lot, corner: A lot abutting on two streets which intersect at an angle not greater than 135 degrees. A "reversed corner lot" is a corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.

tt.

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

uu.

Lot, through: A lot having a pair of opposite lot lines along two more or less parallel public streets. Both street lines shall be deemed front lot lines.

vv.

Lot, zoning: A tract of land, located within a single block, which, at the time of filing for a building permit (or, if no building permit is required, at the time of filing for a certificate of occupancy), is designated by its owner or developer as a tract all of which is to be used, developed, or built upon as a unit under single ownership. A zoning lot may or may not conform to a lot of record.

ww.

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

xx.

Lot depth: The shortest horizontal distance between front and rear line of a lot measured perpendicular to the street line.

yy.

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

zz.

Lot width: The horizontal distance between the side lines of a lot measured along the front yard setback line.

aaa.

Mobile home: A mobile home and manufactured home is defined as a structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and forty body feet or more in length in the traveling mode, or is 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.

bbb.

(Reserved).

ccc.

(Reserved).

ddd.

Modular home or unit: Modular homes are built in sections at a factory, and the sections are transported to the building site on carriers, and then joined together by licensed contractors. They are built to conform to all state, local or regional building codes. Modular homes are not mobile or manufactured homes and they are constructed by the same standards and codes, as stick built homes. The modulars in Town must have a permanent perimeter foundation system constructed with concrete and masonry components, which comply and adhere to local and state code requirements.

eee.

Motel, motor court: A building or group of buildings designed or intended to be used as living quarters primarily by transient guests, in which each room or suite has a separate entrance either through a lobby or from outside, with an adjacent parking area.

fff.

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

ggg.

Nonconforming use: The lawful use of land, building, structures, and premises existing at the effective date of the ordinance adopting this chapter which use does not conform to the applicable provisions of this ordinance.

hhh.

Nursing home, convalescent and rest home: An establishment used as a dwelling place by the aged, infirm, chronically ill, or incurable afflicted persons, in which not less than three persons live or are kept or provided for on the premises for compensations, excluding clinics and hospitals, and similar institutions devoted to the diagnostic treatment and care of the sick or injured.

iii.

Open space (usable landscaped): That space on the same zoning lot and contiguous to the principal building or buildings 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.

jjj.

Office building: A structure wherein are employed a number of people greater than that allowed in professional offices and where there are no goods offered for sale.

kkk.

Off-street parking area: Space provided for vehicular parking outside the dedicated street right-of-way.

lll.

Parking space: An area of not less than ten feet wide by 20 feet long; for each automobile or motor vehicle, such space being fully accessible for the storage or parking of permitted vehicles.

mmm.

Planning commission: The planning commission of the Town of Kenbridge.

nnn.

Public utility: Any person, firm, corporation, municipal department or board, duly authorized to furnish and furnishing under federal, state or municipal regulations to the public, electricity, gas, steam, communications, transportation, water or wastewater.

ooo.

School: Unless otherwise specified, the term "school" and "college" shall be limited to places of general instruction and shall not include dancing schools, riding academies, or trade or specialized vocational schools.

ppp.

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

qqq.

Sign: Any display of letters, figures, designs, devices, pictures, emblems, insignias, numbers, lines or colors, or any combination thereof so as to be visible to the public for the purpose of making anything known or attracting attention which is located upon any land or on any building. The flag, emblem, insignia, poster or other display of a nation; political unit; educational, charitable, religious or similar group; campaign, drive, event or the architectural features or characteristics of a building which do not have an advertising message on or as an integral part thereof shall not be included within the meaning of this definition.

rrr.

Sign, billboard: A structure, including painted walls, used as an outdoor display for the purpose of making anything known, the matter advertised or displayed not exclusively related to the premises where such sign is located or to which it is offered.

sss.

Sign, business: A sign which directs attention to a business, commodity, service, or other activity conducted upon the premises upon which such sign is located.

ttt.

Sign area: The area of [a] sign shall be determined from its outside measurements, excluding as a part thereof, the height and width of supports and supporting structure. For the purpose of computing area, a sign consisting of two or more sides, where the angle between any of the sides exceeds 45 degrees each side shall be counted when computing sign area.

uuu.

Sign height: The vertical distance from the street grade or the average lot grade at the front setback line, whichever is greater, to the highest point of the sign.

vvv.

Story: That portion of a building, other than a cellar, extending from the surface of any floor to the surface of the floor next above it, or if there be not floor above then the portion of a building extending from the floor to the ceiling next above it.

www.

Story, half: That portion of a building immediately under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of the story.

xxx.

Street: A dedicated public thoroughfare, which affords the principal means of access to abutting property, but does not include an alley.

yyy.

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

zzz.

Street line: The line between a lot, tract or parcel of land and a continuous street.

aaaa.

Structural alteration: Any change requiring a building permit in the supporting members of a building or structure, including bearing walls, columns, beams, girders or similar parts of a building or structure or any substantial change in the roof of a building.

bbbb.

Structure: Anything constructed or erected which has a permanent location on the ground or which is attached to something having a permanent location on the ground.

cccc.

Tourist home: A dwelling in which overnight accommodations are provided or offered for three or more transient guests.

dddd.

Travel trailer: A vehicular portable structure built on a chassis and designed to be used as a temporary dwelling for travel, recreational, and vacation uses.

eeee.

Use: The purpose for which land or a building thereon is designed, arranged or intended or which it is occupied or maintained.

ffff.

Use, permitted: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements and regulations of such district and this ordinance.

gggg.

Use, principal: The main use of land or buildings as distinguished from a subordinated or accessory use. Includes "permitted" use.

hhhh.

Utility trailer: A vehicular structure built on a chassis and designed to be used by the individual for personal hauling.

iiii.

Variance: A relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, literal enforcement of the ordinance will work undue hardships on the property owner; a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts.

jjjj.

Veterinary hospital: Any building, or portion thereof, designed or used for the care, observation or treatment of domestic pets and other animals.

kkkk.

Yard: An open space of a generally uniform width or depth on the same land with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as otherwise provided herein.

llll.

Yard, front: A yard extending across the front of a lot between the front lot line and the nearest line of the main building.

mmmm.

Yard, rear: A yard extending across the rear of a lot between the rear line of the lot and the nearest line of the rear of the main building.

nnnn.

Yard, side: A yard between the side line of the lot and the nearest line of the main building and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line, except that on a corner lot the side yard adjacent to a street shall extend the full depth of the lot.

oooo.

Yard measurement: In measuring a yard, the line of a building shall be deemed to mean a line parallel to the nearest lot line drawn through the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the line of the building to the nearest lot line, if a future width line is established by the provisions of the chapter for any street bounding the lot, then such measurement shall be taken from the line of the building to such fixture width line.

pppp.

Zoning permit: A permit issued by the zoning administrator to the applicant before the applicant may proceed with any work affected by any provision of this ordinance.

qqqq.

Professional offices: The office, studio or occupational room of a doctor, architect, artist, musician, lawyer or similar professional person or of a person engaged in the real estate or insurance business, excepting any mortuary, or an establishment where goods are offered for sale, provided no other persons are engaged in the occupation except not to exceed six employees of the principal practitioner (or in the case of two doctors with offices in the same structure, not exceeding two employees for each practitioner); and provided such use is conducted within a building retaining the residential character of the neighborhood.

(Ord. of 8-21-2001, § 2-2; Ord. of 1-18-2005, § 2-2; Ord. of 6-19-2018(2))