(A)

For the purposes of this Ordinance, certain words or terms shall be defined as follows:

(1)

Words used in the present tense include the future. Words in the singular include the plural, and the plural includes the singular.

(2)

The word "shall" or "must" is always mandatory; the word "may" is permissive.

(3)

The words "used for" include "designed for," "arranged for" or "occupied for."

(4)

The word "building" includes "structures" and shall be construed as if followed by the phrase "or part thereof."

(5)

The word "person" includes "individual," "partnership," "company," "profit or nonprofit corporation," "organization" or other similar entities.

(6)

The word "erected" shall be deemed also to include "constructed, reconstructed, altered, placed, or moved".

(7)

The word 'State' means the Commonwealth of Virginia. The word 'County' means King George County, Virginia.

(8)

The terms "land use" and "use of land" shall be deemed also to include "building use" and "use of building".

(9)

Unless otherwise specified, the term 'day' means a calendar day.

(10)

Unless otherwise specified, all distance shall be measured horizontally and at right angles to the line in relation to which the distance is tied.

(11)

The terms "architect," "engineer," "landscape architect," and "surveyor," or other profession listed, refer to those professionals who are registered with the Virginia Department of Professional and Occupational Regulation to practice those professions.

(12)

The words, terms, and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this Article, except where the context clearly indicates a different meaning.

(B)

See Article V, Division 2 for definitions that specifically pertain to the Chesapeake Bay Preservation Overlay District.

(C)

See Article V, Division 3 for definitions that specifically pertain to the Floodplain Management Overlay District.

Abbreviations used in this Ordinance are listed below with the term they abbreviate.

(A)

ANSI: American National Standards Institute

(B)

BFE: base flood elevation

(C)

BZA: Board of Zoning Appeals

(D)

CBPA: Chesapeake Bay Preservation Area

(E)

DEQ: Department of Environmental Quality

(F)

DU: dwelling unit

(1)

du/acre: dwelling unit per acre

(G)

FT: feet

(H)

KGCFRS: King George County Fire and Rescue Emergency Services

(I)

KGSA: King George County Service Authority

(J)

LF: linear foot

(K)

N/A: not applicable

(L)

PC: Planning Commission

(M)

RMA: Resource Management Area

(N)

RPA: Resource Protection Area

(O)

SF: square feet

(P)

VDH: Virginia Department of Health

(Q)

VDOT: Virginia Department of Transportation

(R)

USBC: Uniform Statewide Building Code

(S)

ZA: Zoning Administrator

Accessory use. Uses of land and buildings that are found on the same parcel as the principal use but are subordinate and incidental, including parking.

Act of God. Any natural disaster or phenomena including, but not limited to, a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, or fire caused by lightning or wildfire.

Adjacent. To be separated by common property lines, lot lines, streets, or roads; also known as: abutting, adjoining, contiguous, or touching.

Adjoining. Touching and/or contiguous to.

Administrator. The official, or an authorized agent thereof, responsible for administering and enforcing the Zoning Ordinance of the County, also referred to in this ordinance as the Zoning Administrator.

Affordable Housing. Housing with occupant income at or below the area median income and the occupant pays no more than 30% of their gross income for housing costs, including utilities.

Alley. A permanent service way providing a secondary means of access to abutting properties and not intended for general traffic circulation.

Amendment. A change in the text or in the official Zoning Map which is a part of this Ordinance.

Application. A request completed on a form or forms with all accompanying documents, exhibits, and fees required, indicating a desire to be granted a permit, amendment, or other action under the provisions this Ordinance.

Architectural lighting. Lighting of building surfaces, landscape features, statues, and similar items for the purpose of decoration, ornamentation, creation of visual hierarchy, sense of liveliness, or other purpose unrelated to safety, business operation, or essential lighting function.

Area, buildable. The portion of a lot or site, exclusive of required setbacks, landscaping, or open space within which a structure may be built.

Area, gross. The total area within a lot before dedication for roads, open spaces, or other public uses—but not including rights-of-way, easements owned by others, or marshlands/wetlands within a development.

Bare-root planting. Planting of perennial plants whose roots are not wrapped via balling and burlap, and whose roots are exposed when planted.

Bicycle parking rack. A stationary fixture to which a bicycle can be supported upright, provide two points of contact, and be securely attached (typically using a bicycle lock) to prevent theft.

Block. An area of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of King George County. To ensure interconnection of streets and to achieve a grid pattern, all blocks shall be separated by an intersection.

Building. Any structure having a roof supported by columns, walls, or other means.

Building height. The vertical distance from the average grade to the highest point of the roof surface.

Board. See "Board of Supervisors."

Board of Supervisors (BOS). The County's governing body. Board of Supervisors members are elected by popular vote and are responsible for enacting ordinances, imposing taxes, making appropriations, and establishing County policy. The Board of Supervisors adopts the comprehensive plan, zoning, and subdivision regulations.

Board of Zoning Appeals (BZA). A quasi-judicial board appointed to review appeals and requests for variances made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this ordinance and to authorize, upon appeal, variances from the terms of this ordinance when justified by special conditions.

Boundary. A line, which may or may not follow a visible feature, that defines the limits of a geographic entity such as a zoning district, block, census tract, county, or place.

By-right. A use permitted or allowed in the zoning district of the property in question, and which complies with these zoning regulations and other applicable ordinances and regulations.

Buffer, transitional. A strip of land, with plantings, designed to set apart and protect one space or activity from an adjacent space or activity.

Caliper. A measure of tree size, determined by measuring the diameter of the tree at a specified height.

Canopy (attached). An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

Canopy (freestanding). A freestanding structure composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.

Certificate of Occupancy. The permit issued by the building code official that is required under the Uniform Statewide Building Code prior to the use or occupancy of certain buildings and structures.

Cluster development. A development design technique that concentrates buildings on a portion or portions of the site to allow the remaining land to be used for recreation, open space, or preservation of land areas.

Commission. See "Planning Commission."

Concept Plan. A generalized plan indicating the boundaries of a tract or tracts of land, and presenting the general arrangement of proposed facilities, uses, structures, and improvements.

Conditional Zoning. A method for rezoning that permits the reasonable and orderly development and use of land with special restrictions in those situations in which unique, specific circumstances indicate that the existing zoning district regulations are not adequate.

County. King George County, Virginia.

Cul-de-sac. A street with only one (1) outlet and having a turnaround for reverse traffic movement.

DBA. The sound pressure level as measured on a sound meter set to slow response and to the A-weighted scale to approximate the frequency response of the human auditory system.

Decibel. A unit which describes the sound pressure level or intensity of sound. The sound pressure level in decibels is 20 times the logarithm to the base ten of the ratio of the pressure of the sound in microbars to a reference pressure of 0.0002 microbar; abbreviated dB.

Density. The number of dwelling units that are allowed on a given unit of land, which shall be permitted to include dedicated streets contained within the development. Density is determined by dividing the total number of residential units or lots to be located on the parcel by the area of the base parcel.

Developer. Any person, group or persons, corporation, or other legal entity who, having an interest in land directly or indirectly sells, leases or develops or offers to sell, lease or develop, or advertises for sale, lease or development any lot, tract, parcel, site, unit or interest for residential, commercial or industrial development.

Development. The construction, or substantial alteration, of residential, commercial, industrial, institutional, recreation, transportation, or utility facilities or structures.

District. See "Zoning District."

Driveway. That portion of private property, paved or unpaved, that provides vehicular access to one (1) property from the public right-of-way.

Driveway, shared. That portion of private property, paved or unpaved, that provides shared vehicular access to no more than two (2) adjacent properties from the public right-of-way.

Dustless surface. A surface adequately covered, in accordance with good construction standards, with a minimum of either 2 applications of bituminous surface treatment, concrete, or bituminous concrete, or equivalent paving material approved by the Administrator and maintained in good condition at all times.

Easement. A right expressed in a recorded writing, given by the owner of land to another party for specific limited use of that land.

Engineer. A professional who is qualified to practice engineering by reason of his special knowledge and use of mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and experience, and whose competence has been attested, through licensure, as a professional engineer by the Commonwealth of Virginia.

Engineer, County. An employee of King George County who reviews subdivision plans and site plans for new developments or upgrades to existing developments, as well as reviews all infrastructure plans of the County to ensure that such plans are in compliance with County ordinances and other applicable regulations.

Engineer, Highway. The resident engineer employed by the Virginia Department of Transportation.

Family. A person living alone, or any of the following groups living together as a single housekeeping unit: (1) any number of persons related by blood, marriage, adoption, guardianship, or duly-authorized custodial relationship; (2) up to four unrelated people; (3) two unrelated people and any children related to either of them; (4) residents of an assisted living facility or group home as allowed by Code of Virginia §15.2-2291.

Farm animal building. Any building or structure built or placed upon land within a bona fide farm, used exclusively for housing livestock.

Farm, bona fide. Arable land and complementary buildings, operated as a farm enterprise by a farmer. Farm property includes leased land that is operated as part of a farm enterprise.

Farm buildings. Any building or structure, other than a dwelling unit, built or placed upon land within a bona fide farm, used for storing agricultural equipment, farm produce or products, or processing dairy products, and shall be considered essential and standard to the carrying on of farm operations.

Frontage, building. The length of an exterior building wall or structure of a single premise oriented to the public way or other properties that it faces.

Fence. A barrier of man-made construction preventing movement across a boundary, including walls that do not support a roof, but not retaining walls.

Fence, ornamental. A fence other than a chain link or barbed wire fence intended to decorate, accent, or frame a feature of the landscape. Ornamental fences are often used to identify a lot corner, or frame a driveway, walkway, or planting bed.

Fleet vehicle. A vehicle that is owned or leased by a business, government agency, or other organization rather than by an individual.

Footcandle. A measure of light falling on a surface. One footcandle equals the amount of light generated by one candle shining on one square foot surface located 1 ft. away. Footcandle measurements must be made with a photometric light meter.

Glare. The sensation produced by a bright light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, which causes annoyance, discomfort, or loss in visual performance. Disability glare is the effect of stray light in the eye where visibility and visual performance are reduced.

Governing Body (also referred to as Legislative Body). The Board of Supervisors of King George County, Virginia.

Grade. The average of the highest and lowest elevations along natural or improved grade (whichever is more restrictive) along the front of the structure that is parallel to the front setback.

Guarantee. A surety bond, cash deposit, or letter of credit approved by the County Attorney and made out to King George County in an amount equal to the full cost of the improvements required by these regulations, plus administration and inflation costs; said cost being estimated by the developer's engineer and approved by the County Engineer. Guarantee may also be referenced as "Performance Guarantee," "bond," "surety," or "performance bond."

Health Official. The Health Officer, director, or sanitarian of King George County, or their duly authorized representative.

High intensity discharge lamp. A mercury vapor lamp, a metal halide lamp, or a sodium lamp (high-pressure and low-pressure).

High-pressure sodium vapor. A High Intensity Discharge light source in which the arc tube's primary internal element is Sodium Vapor. High-pressure sodium vapor lamps emit a broader spectrum of light than low-pressure lamps.

Improved surface. Concrete, asphalt, bituminous pavement, brick or stone pavers, or other hard, all-weather, dustless, permeable pavement system.

Interior aisle. A portion of a parking area which abuts, on one or more sides, parking spaces to which it provides access, and which is not used for the parking of vehicles.

Jurisdiction. The area or territory subject to the legislative control of the Governing Body.

Just-in-time deliveries. An inventory management method in which goods are received from suppliers only as they are needed.

Kelvin light color temperature. A light bulb color temperature's unit of absolute temperature, noted by the symbol K. The higher the Kelvin rating, the whiter the light will be. The Kelvin scale is generally as follows: 2700K (warm incandescent), 3000K (warm white halogen) and 3500K (household fluorescent).

Lamp. The component of a luminaire that produces light. A lamp is also commonly referred to as a bulb.

Lamp, mercury vapor. A gas discharge lamp that uses an electric arc through vaporized mercury to produce light.

Land surveyor. A person who, by reason of his knowledge of the several sciences and of the principles of land surveying, and of the planning and design of land developments acquired by practical experience and formal education, is qualified to engage in the practice of land surveying, and whose competence has been attested through licensure as a land surveyor to do business in the Commonwealth of Virginia.

Landscaping. The finishing and adornment of unpaved yard areas. Materials and treatment include naturally growing elements such as grass, trees, shrubs, and flowers. This treatment shall be permitted also to include the use of logs, rocks, fountains, water features, and contouring of the earth.

Light emitting diode. A semiconductor light source that emits light when current flows through it. Also referred to as an LED.

Loading space. A space within the main structure or on the same lot therewith, providing for the standing, loading, or unloading of trucks and other vehicles.

Lot. A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivisions, or as otherwise permitted by law.

Lot, corner. A lot abutting on two or more streets at their intersection, where the interior angle of the intersection does not exceed 135 degrees.

Lot, interior. Any lot other than a corner lot but including a through lot.

Lot, regular. A lot that has direct access to a public or approved private road. They are located, shaped, and oriented to adjacent lots in such a way that the application of general measurements indicated below can be reasonably applied, and the location of front, side, and rear setbacks is logically determined by, and related to, adjacent streets and setback patterns.

Lot, stem. A lot approved in accordance with the provisions of Article X, Subdivision, of this Ordinance, and which does not abut a public street other than by its driveway which affords access to the lot.

Lot, through. An interior lot, fronting on two parallel or approximately parallel streets.

Lot area. The total horizontal area included within the rear, side, and front lot lines, or proposed street lines of the lot, excluding easements for streets or highways, whether dedicated or not dedicated to public use. Lot area for the purpose of satisfying minimum area requirements shall not include portions under water except where the total area of a body of water is within the lot and/or constitutes less than 20% of the lot area.

Lot depth. The distance between the front lot line and rear lot line of a lot, measured along a straight line.

Lot frontage. The distance from which the front boundary line of the lot coincides with the abutting street or road.

Lot line, front. A lot line connecting the foremost points of the side lot lines and delineating the lot from the abutting street or road.

Lot line, rear. A lot line which is opposite and most distant from the front lot line, and connecting the rearmost points of the side lot lines.

Lot line, side. Any lot line not considered a front or rear lot line.

Lot of record. A lot shown upon a plan of subdivision or upon a plat attached or referred to in a deed described by metes and bounds and recorded in the Circuit Court Clerk's Office of King George County.

Lot width. The horizontal distance between the side lot lines of a lot, measured at the front setback.

Low impact development (LID). Systems and practices that use or mimic natural processes that result in the infiltration, evapotranspiration, or use of stormwater in order to protect water quality and associated aquatic habitat. Often utilizing green infrastructure to preserve, restore, and create green space using soils, vegetation, and rainwater harvest techniques that work with nature to manage stormwater as close to its source as possible.

Low-pressure sodium vapor. A High Intensity Discharge light source in which the arc tube's primary internal element is Sodium Vapor. Low-pressure sodium vapor lamps only give monochromatic yellow light and so inhibit color vision at night.

Lumen. A standard unit of measurement of luminous flux.

Luminaire. A complete electric light unit.

Luminaire, full cut-off. An outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture, is projected down below the fixture.

Luminaire, directionally shielded. An outdoor light fixture that contains visors, louvers, and other types of shields or lenses designed to direct light onto a targeted area and to minimize stray light.

Luminaire, outdoor. A luminaire which is permanently installed outdoors including, but not limited to, devices used to illuminate any site, structure, or sign, except that it does not include an internally illuminated sign.

Luminance. A photometric measure of the luminous intensity per unit area of light travelling in a given direction.

Monument. Any object, whether natural or man-made, that has been or is designated by deed, will, plat or any official document for the purpose of defining a land boundary, either at a point of direction change, or at any intermediate point along a line, either straight or circular, between points of direction change.

Monument, geodetic control. Survey Control Stations of at least Second Order Class II Accuracy, placed in accordance with specifications and documented according to Blue Book Format of the Federal Geodetic Control Committee (FGCC).

Nit. A measurement of candelas per square meter (cd/m2) and used frequently to describe sign luminance and to measure sign brightness.

Noise. Any sound which may cause or tend to cause an adverse psychological or physiological effect on human beings.

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

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

Nonconforming use. The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this Ordinance for the district in which it is located—either at the effective date of this Ordinance or as a result of subsequent amendments to the Ordinance. Any use that was unlawful on the Date of Adoption of this Ordinance shall remain unlawful and shall not be a nonconforming use.

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

Open space. Land area not covered by buildings, roads, driveway and parking areas, or outdoor storage areas, including, but not limited to, landscape areas, gardens, woodlands, walkways, courtyards or lawns, outdoor recreation areas, and those elements provided in Article VIII of this Ordinance.

Outdoor storage. The keeping, in other than a building, of any goods, materials, or merchandise on the same parcel for more than twenty-four consecutive hours.

Overlay zoning district. A district which addresses special land use circumstances or environmental safeguards by superimposing additional standards and regulations over the underlying Primary Zoning

District. Permitted uses in the underlying Primary Zoning District shall continue subject to compliance with the regulations of the Overlay Zoning District.

Parcel. See "Lot."

Parent tract. A separate lot, tract, or parcel of land conveyed by deed, devised by will or passing pursuant to the laws of descent and distribution, the boundaries of which are shown by a plat or described by metes and bounds, and recorded in the Clerk's Office of King George County, Virginia on or before October 1, 1987.

Parking lot. An off-street, ground level area that is used to provide for the required parking spaces, and associated aisles, as provided in Article VIII of this Ordinance.

Parking space. A designated space designed to park a vehicle; such space being exclusive of necessary drives, aisles, entrances and exits and being fully accessible for the parking or storage of permitted vehicles.

Physical improvements. Any structure such as drainage structures, central water system, central sewage disposal systems, bridges, etc., and such other improvements as the Agent may designate.

Public access easement. A nonpossessory right to use and/or enter onto the real property of another. Property owners of public access easements allow members of the public to access a defined area of their land.

Planned Development. A form of development, on a contiguous land area, that is characterized by unified site design, intended to allow for a variety of housing types and densities, clustering of buildings, common open space, and/or a mix of building types and land uses, in which project planning and density calculations are performed for the entire development rather than on an individual lot basis. Including but not limited to, developments within and meeting the requirements of the R-C and M-U districts of this Ordinance.

Planning Commission. A board of the local government consisting of such appointed members whose functions include advisory or nontechnical aspects of planning and may also include such other powers and duties as may be assigned to it by the Board of Supervisors.

Plat. A map or plan of a tract or parcel of land which is to be, or which has been subdivided. Includes the term map, plot, replat, or replot. When used as a verb, "plat" is synonymous with "subdivide".

Plat, Final. The map of a subdivision submitted and approved by King George County, and subsequently recorded in the Office of the Clerk of the Circuit Court of King George County, Virginia.

Plat, Preliminary. The preliminary drawing or drawings, including the elements required by this Ordinance, indicating the proposed manner or layout of a subdivision.

Plat, Sketch. An informal plan indicating general topography, approximate boundaries, and street frontage of property to be subdivided.

Proffer. A voluntary offer that addresses an impact or impacts from use of property or development, tendered by an applicant for conditional rezoning.

Public access easement. A nonpossessory right to use and/or enter onto the real property of another. Property owners of public access easements allow members of the public to access a defined area of their land.

Public hearing. A meeting announced and advertised for soliciting formal public comment on matters under consideration.

Public improvement. An improvement that has been or will be dedicated for public use or that is designed to provide adequate transportation, water, sewerage, storm drainage, flood protection, or recreational facilities or to serve other public requirements in accordance with Ordinances of King George County, Virginia.

Purchaser. An actual or prospective purchaser or lessee of any lot in a subdivision.

Recreation, active. Recreation which requires physical alteration to the area in which they are performed. This generally includes recreation or recreation areas such as playgrounds, ball courts, golf courses, and swimming pools.

Recreation, passive. Recreation that involves existing natural resources and/or minimal development and has a minimal impact. This generally includes walking, hiking, picnicking, birdwatching, and enjoyment of open areas such as parks.

Remnant. A piece or parcel of land remaining after subdividing land that does not meet the minimum requirements of this Ordinance.

Retaining wall. A manmade barrier constructed for the purpose of stabilizing soil, retarding erosion, or terracing a slope.

Right-of-Way (ROW). An area of land not on a lot that is dedicated to public use for pedestrian and vehicular movement, which may also accommodate public utilities infrastructure (including but not limited to water lines, sewer lines, power lines, and gas lines.)

Right-of-way (ROW) width. The total width of the ROW, as defined by this Ordinance.

Screening. Landscaping, solid fencing, or masonry walls, or combination thereof, that physically and visually shields uses or their appurtenances, such as dumpsters and mechanical equipment, from adjacent property or uses.

Sewer system, community. A sewer system owned and operated by a sanitary district, public service authority, locality, or owned and operated by a corporation and properly chartered and certified by the State Corporation Commission, and subject to special regulations of the Virginia Department of Health, State Water Control Board and as herein set forth.

Setback. The minimum distance by which any building or structure must be separated from a street right-of-way or lot line. Any area covered by a roof, such as a porch, will be subject to setback requirements.

Setback, front. The minimum distance from the edge of the right-of-way to the nearest point of the allowable structure(s), measured perpendicular to the front lot line. For Stem Lots, the front setback is the minimum distance from the edge of the right-of-way or "end" of the stem portion.

Setback, rear. The minimum distance from the rear lot line to the nearest point of the allowable structure(s), measured perpendicular to the rear lot line.

Setback, side. The minimum distance from the side lot line(s) to the nearest point of the allowable structure(s), measured perpendicular to the side lot line(s).

Sidewalk. A paved walk, located in a right-of-way, adjacent to a street.

Sign. Any object, device, display, or structure, or part thereof, visible from a public place, a public right-of-way, any parking area, or right-of-way open to use by the general public, or any navigable body of water that is designed and used to attract attention to an institution, organization, business, product, service, event, or location by any means involving words, letters, figures, designs, symbols, fixtures, logos, colors, illumination, or projected images.

Sign, abandoned. A sign structure that has ceased to be used, and the owner intends no longer to have used, for the display of sign copy, or as otherwise defined by State law.

Sign, animated. A sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs, as defined, and regulated by this Ordinance, include the following types:

• Electrically Activated. Animated signs producing the illusion of movement by means of electronic, electrical, or electro-mechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:

◦ Flashing. Animated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this Ordinance, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds ten seconds.

◦ Patterned Illusionary Movement. Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.

Sign, awning. See "Sign, canopy."

Sign, banner. A sign utilizing a banner or flexible substrate as its display surface for copy or graphics.

Sign, canopy. A sign displayed on or attached flat against the surface or surfaces of a canopy. Illuminated canopies, if translucent, are considered part of the total canopy sign area.

Sign, changeable. A sign that includes any changing of the message either electronically or manually in which the message is stationary and does not fluctuate in size or brightness.

Sign, double-faced. A sign with two faces, back-to-back.

Sign, exterior. Any sign placed outside a building.

Sign, fascia. See "Wall Sign."

Sign, flag. Non-governmental flags are deemed to be signs and shall be subject to the provisions of this Ordinance. The official flags of the federal, state, county, or municipal governments are not deemed to be signs.

Sign, flashing. See "Sign, animated, electrically activated."

Sign, freestanding. A sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more (structures) columns, poles, or braces placed in or upon the ground.

Sign, illuminated. A sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surface(s) (externally illuminated).

Sign, interior. Any sign placed within a building, but not including "signs, window" as defined by this Ordinance. Interior signs, except for window signs as defined, are not regulated by this Ordinance.

Sign, marquee. See "Sign, canopy."

Sign, minor. A wall or freestanding sign not exceeding 3 sq. ft. in area, not exceeding 4 ft. in height, and not illuminated. Examples include not trespassing signs, displays of building address, security warning signs, parking signs, entrance/exit signs, and on-site directional signs.

Sign, monument. A "sign, freestanding" having the appearance of a solid, rectangular, or cylindrical base.

Sign, multiple-faced. A sign containing 3 or more faces.

Sign, nonconforming. A sign lawfully existing as of the effective date of this Ordinance, and which do not conform to the provisions of this Ordinance.

Sign, off-site. A sign which directs attention to a business, commodity, service, activity, or entertainment conducted, sold, or offered on a parcel of land other than the one on which the sign is located.

Sign, on-site. A sign erected, maintained, or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of the property on which it is displayed.

Sign, pennant. A sign made with flexible material, with or without lettering for design, usually suspended from one or two corners, and manufactured and placed for the purpose of attracting attention. Also referred to as a streamer.

Sign, pole. See "sign, freestanding."

Sign, portable. Any sign not permanently attached to the ground or to a building or building surface. For example, an A-frame sign.

Sign, projecting. A sign that is attached to, or projects from, a building face or wall, and whose faces are not parallel to the building face or wall.

Sign, roof. A sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves, and architectural projections such as canopies or marquees shall not be considered to be roof signs.

Sign, temporary. A sign designed or intended, based on materials and structural components, to be displayed for a specified or limited period of time, regardless of type or style of sign. Examples include real estate signs, yard sale signs, contractor's signs, and special or one-time event signs per year.

Sign, vehicle. Any sign that is painted, mounted, adhered, magnetically attached, or otherwise permanently affixed to or incorporated into a vehicle or trailer, except those unlicensed, inoperative, or generally stationary vehicles and/or trailers.

Sign, wall. A sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 15 inches from the building or structure wall, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building or to the face or faces of the architectural projection to which it is affixed and exteriors of windows.

Sign, window. A sign affixed to the interior surface of a window with its message intended to be visible to and readable from the public way or from adjacent property. Signs affixed to the exterior of the surface of a window are considered wall signs.

Sign area. The entire area enclosing the extreme limits of writing, representation, pictorial elements, emblems, or a figure of similar character, together with all material, color, or lighting forming an integral part of the display or used to differentiate the Sign from the background against which it is placed.

Sign copy. Those letters, numerals, figures, symbols, logos, and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.

Sign face. The particular area of the sign structure upon which a message, copy, or advertisement is displayed for viewing.

Sign height. The entire height of the structure from the ground to the top of the structure regardless of wording or decorative nature.

Sign maintenance. To prevent through preservation, repair, or restoration, the development of any rust, corrosion, rot, chipping, peeling, or other deterioration in either the physical appearance or the safety of every sign.

Sign structure. Any structure supporting a sign.

Site Plan. A plan prepared by a professional engineer or land surveyor licensed by the state showing all proposed improvements to the site in accordance with this Ordinance. A Site Plan is a Major Site Plan or a Minor Site Plan, see Article III.

Sound. A temporal and spatial oscillation in pressure, or other physical quantity, in a medium with internal forces that causes compression and rarefaction of that medium, and which propagates at finite speed to distant points.

Sound level meter. An instrument to measure sound pressure levels which shall meet or exceed performance standards for a "type two" meter as specified by the American National Standards Institute.

Special Exception Permit. An approval for a use that may be appropriate in a zoning district, but because of its nature, extent, and external effects, requires special consideration and restrictions relating to its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings.

Steep slope. The portion of a lot with a grade of more than 15%, grade being the vertical elevation of land area divided by the horizontal distance.

Stormwater management facility. A control measure that controls stormwater runoff and changes the characteristics of that runoff including the quantity and quality, the period of release or the velocity of flow.

Street. A public way which affords the principal means of access to abutting properties. The term "street" includes all property dedicated or intended for public or private use for access to abutting lands or subject to public easements therefore, and whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, drive, court, avenue, boulevard, lane, place, circle, or however otherwise designated.

Street, private. A street affording a means of private access to three (3) or more abutting properties.

Street, public. A street, built to the standards of the Virginia Department of Transportation (VDOT), and subsequently dedicated and accepted by VDOT for public use.

Street width. The total width of the strip of land dedicated or reserved for travel, including roadway, curbs, gutters, sidewalks, and planting strips.

Structure, accessory. A subordinate structure, use of land, building, or a portion of a main building or use which is clearly incidental to or customarily found in connection with and located on the same lot as the principal structure or use. Accessory structures shall not be used for human habitation unless permitted as a Dwelling, accessory, as defined in this Ordinance.

Structure, farm animal. See "farm animal building."

Structure, farm. See "farm building."

Structure, mixed-use. A building containing residential uses in addition to non-residential uses permitted in the zoning district. Mixed-use structure should not be confused with a mix of uses each in separate structures in a single development.

Structure, non-residential. A building or structure, or part of a building or structure, not occupied in whole or in part for the purpose of human habitation. Examples include warehouse and industrial buildings, commercial buildings, buildings for public entertainment, hotels, restaurants, educational buildings, health buildings, etc.

Structure, principal. A building in which is conducted the primary use of the lot on which it is situated, or where a lot contains residential uses, the principal structure on the lot shall mean the largest building that contains any dwelling unit.

Structure, residential. A building containing a complete set of living accommodations suitable for occupancy by one or more persons, consisting of sleeping, bathroom, and complete kitchen facilities for the exclusive use of such occupants.

Subdivide. The process of dealing with land so as to establish a subdivision as defined herein.

Subdivider. Any individual, firm, partnership, association, corporation owning any parcel of land to be subdivided.

Subdivision. The division of a parcel of land into two (2) or more lots or parcels of land for the purpose of transfer of ownership or building development, including any parcel previously separated by the owner or prior owner of such land for such purpose. The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building lots, shall be exempt from the provisions of this Ordinance.

Subdivision, Family. The division of land for simultaneous conveyance to a member of the immediate family, or beneficiaries of a trust, of the property owner.

Subdivision, Major. The division of any parent tract into 6 or more lots, and therefore will have greater impact on the environment, highways, and surrounding communities than will smaller subdivisions.

Subdivision, Minor. The division of any parent tract into 3 to 5 lots and have reduced impact on the environment, highways, and surrounding communities than larger subdivisions.

Subdivision, Single Lot. One division of a single parent tract, creating one new lot and a remainder or residual lot.

Subdivision Agent (Agent). The administrative official, or an authorized agent thereof, responsible for administering and enforcing the Subdivision portion of the Zoning Ordinance of the County, also referred to in the Subdivision Article, as the Agent.

Tree canopy or tree cover. All areas of coverage by plant material exceeding 5 ft. in height, and the extent of planted tree canopy at 10- or 20-years maturity, as applicable. Planted tree canopy at maturity shall be based on published reference texts generally accepted by landscape architects, nurserymen, and arborists, i.e., in The Manual of Woody Landscape Plants by Michael A. Dirr (4th edition, 1990).

Tree, deciduous. A tree that loses its leaves at the end of its growing season and becomes dormant during the winter.

Tree, evergreen. A tree that doesn't shed its leaves in the winter but stays green all year.

Tree, ornamental. A tree that is typically a deciduous tree possessing qualities such as flowers or fruit, attractive foliage, bark, or shape.

Tree, protected. Any healthy tree to be preserved on site shall be protected before, during, and after the development process utilizing accepted practices; see Article VIII for the preference for which trees are to be protected on a given site.

Tree, understory. A tree that that is small enough, and sufficiently shade tolerant, to thrive under the canopies of other, taller trees.

Variance. A reasonable deviation from the provisions of this Ordinance regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the Ordinance would result in unnecessary and undue hardship which is not created by the owner, relief or remedy is not available through this ordinance, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of this Ordinance.

Vested right. Any written order, requirement, decision, or determination regarding the permissibility of a specific use, structure, or density of a landowner's property that constitutes a significant affirmative governmental act pursuant to Code of Virginia, §15.2-2307 and is issued in strict accordance with the requirements of this Ordinance.

Vicinity map. The vicinity or location map shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it. The map shall include subdivision name and location, main traffic arteries, schools, parks and playgrounds, scale, north arrow, and date.

Visibility triangle. A triangular area that is included between the lines of an intersecting public street or private driveway, extended to the point where the lines intersect, and, at points on each line 20 ft. distant from that point, a straight line connecting them.

Water system, community. A water system owned and operated by a sanitary district, public service authority, locality, or owned and operated by a corporation and properly chartered and certified by the State Corporation Commission, and in compliance with all state permits and regulations of the Virginia Department of Health and State Water Control Board.

Water system, non-community. A system for supply and distribution of potable water serving 3 or more, but less than 15, connections or 25 persons.

Water system, public. Any water system provided and maintained by the County, a municipality, or utility company which a governmental agency has specifically approved as acceptable.

Water system, shared. A system for supply and distribution of potable water serving a maximum of 2 connections and less than 25 persons.

Yard. An open space between building or use and the adjoining lot lines, unoccupied or unobstructed by any portion of a structure or use.

Yard, front. An open space on the same lot as a building between the front line of the building (excluding steps) and the front lot or street line and extending across the full width of the lot.

Yard, rear. An open, unoccupied space extending across the full width of the lot, the depth of which is the distance between the rear lot line and the rear line of the building, excluding open steps and stoops, on the lot.

Yard, side. An open, unoccupied space extending from the front setback line to the rear setback line, along the side of a lot, the depth of which is the distance between the side lot line and the side line of the building, excluding open steps and stoops.

Zoning Administrator. See "Administrator."

Zoning approval. Includes special exception, conditional zoning, variance, administrative modifications, substantial accord, rezoning, and zoning permit approvals.

Zoning district. A specifically delineated section of the County in which the regulations are uniform and so designated on the Zoning Map.

Zoning Permit. A permit issued by the Zoning Administrator on an appropriate form or certificate which certifies that a building or use of property complies with the regulations of the Zoning District in which the building or use is located.

Zoning Map. A legally adopted map depicting the location of each zoning district of the county and all amendments thereto.

For purposes of the CBPA District, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:

Act. The Chesapeake Bay Preservation Act, Article 2.5 (62.1-44.15:67 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.

Best Management Practice (BMPs). A practice, or a combination of practices, that is determined by a state or designated area-wide planning agency to be the most effective, practical means of preventing or reducing the amount of pollution generated by non-point sources to a level compatible with water quality goals.

Board. The State Water Control Board.

Buffer area. An area of natural or established vegetation managed to protect other components of a Resource Protection Area and state waters from significant degradation due to land disturbances.

Chesapeake Bay Preservation Act land-disturbing activity. A land-disturbing activity including clearing, grading, or excavation that results in a land disturbance equal or greater than 2,500 square feet and less than one acre in all areas of jurisdictions designated as subject to the regulations adopted pursuant to the Chesapeake Bay Preservation Act, Code of Virginia, 62.1-44.15:67, et seq.

Chesapeake Bay Preservation Area (CBPA). Any land designated by the Board of Supervisors pursuant to 9VAC25-830-70 of the Chesapeake Bay Preservation Area Designation Criteria, and 62.1-44.15:74 of the Code of Virginia. A Chesapeake Bay Preservation Area shall consist of a Resource Protection Area and a Resource Management Area.

Construction footprint. The area of all impervious surface including, but not limited to, buildings, roads and drives, parking areas, and sidewalks and the area necessary for construction of such improvements.

Department. The Department of Environmental Quality.

Development. The construction, or substantial alteration, of residential, commercial, industrial, institutional, recreation, transportation, or utility facilities or structures.

Diameter at breast height (DBH). The diameter of a tree measured outside the bark at a point 4.5 feet above ground.

Director. The Director of the Department of Environmental Quality.

Dripline. A vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy.

Erosion and Sediment Control Law. Article 2.4 (62.1-44.15:51 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.

Flood Plain. All lands that would be inundated by flood water as a result of a storm event of a 100-year return interval.

Highly erodible soils. Soils (excluding vegetation) with an erodibility index (EI) from sheet and rill erosion equal to or greater than eight. The erodibility index for any soil is defined as a product of the formula RKLS/T, where K is the soil susceptibility to water erosion in the surface layer; R is the rainfall and runoff; LS is the combined effects of slope length and steepness; and T is the soil loss tolerance.

Highly permeable soils. Soils with a given potential to transmit water through the soil profile. Highly permeable soils are identified as any soil having a permeability equal to or greater than six inches of water movement per hour in any part of the soil profile to a depth of 72 inches (permeability groups "rapid" and "very rapid") as found in the "National Soil Survey Handbook" of November 1996 in the "Field Office Technical Guide" of the U.S. Department of Agriculture Natural Resources Conservation Service.

Impervious cover. A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.

Infill. Utilization of vacant land in previously developed areas.

Intensely Developed Areas (IDAs). A portion of a Resource Protection Area or a Resource Management Area designated by the Board of Supervisors where development is concentrated and little of the natural environment remains per 9VAC25-830-100.

Local governments. Counties, cities, towns. This chapter applies to local governments in Tidewater Virginia as defined in 62.1-44.15:68 of the Act, but the provisions of this chapter may be used by other local governments.

Local program. The measures by which a local government complies with the Act and this chapter.

Nontidal wetlands. Those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the

U.S. Environmental Protection Agency pursuant to Section 404 of the Federal Clean Water Act, in 33 C.F.R. 328.3b.

Noxious weeds. Weeds that are difficult to control effectively, such as Johnson Grass, Kudzu, and multiflora rose.

Plan of Development. Any process for site plan review in local zoning and land development regulation designed to ensure compliance with 62.1-44.15:74 of the Act and this chapter prior to issuance of a building permit.

Public road. A publicly owned road designed and constructed in accordance with water quality protection criteria at least as stringent as requirements applicable to the Virginia Department of Transportation, including regulations promulgated pursuant to (i) the Erosion and Sediment Control Law and (ii)the Virginia Stormwater Management Act. This definition includes those roads where the Virginia Department of Transportation exercises direct supervision over the design or construction activities, or both, and cases where secondary roads are constructed or maintained, or both, by a local government in accordance with the standards of that local government.

Redevelopment. The process of developing land that is or has been previously developed.

Resource Management Area (RMA). The component of the Chesapeake Bay Preservation Area that is not classified as the Resource Protection Area.

Resource Protection Area (RPA). The component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.

Silviculture activities. Forest management activities, including but not limited to the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation that are conducted in accordance with the silvicultural best management practices developed and enforced by the State Forester pursuant to Section 10.1-1105 of the Code of Virginia and are located on property defined as real estate devoted to forest use under Section 58.1-3230 of the Code of Virginia.

Substantial alteration. Expansion or modification of a building or development that would result in a disturbance of land exceeding an area of 2,500 square feet in the Resource Management Area only.

Tidal shore or shore. Land contiguous to a tidal body of water between the mean low water level and the mean high-water level.

Tidal wetlands. Vegetated and non-vegetated wetlands as defined in Section 28.2-1300 of the Code of Virginia.

Tidewater Virginia. Those jurisdictions named in 62.1-44.15: 68 of the Act.

Use. An activity on the land other than development including, but not limited to, agriculture, horticulture, and silviculture.

Virginia Stormwater Management Act. Article 2.3 (62.1-44.15:24 et seq.) of Chapter 3.1 of Title 62.1 of the Code of Virginia.

Water-dependent facility. A development of land that cannot exist outside of the Resource Protection Area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include but are not limited to: (i) ports; (ii) the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers; (iii) marinas and other boat docking structures; (iv) beaches and other public water-oriented recreation areas; and (v) fisheries or other marine resources facilities.

For purposes of the FMOD, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:

100-Year Flood. The flood having a 1% chance of being equaled or exceeded in any given year. It does not imply that no greater flood is likely to occur, nor that such a flood will not happen more often than once every 100 years.

Base flood. For the purposes of this Division, the 100-year flood. The flood having a 1% chance of being equaled or exceeded in any given year.

Base flood elevation. The Federal Emergency Management Agency designated 100-year water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the community's flood insurance rate map. For the purposes of this Division, the 100-year flood or 1% annual chance flood.

Basement. Any area of the building having its floor surface sub-grade (below ground level) on any side.

Breakaway wall. A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Coastal High-Hazard Area. The area subject to high velocity waters, including, but not limited to hurricane wave wash. The area is designated on a FIRM as Zone VE or V (V-Zones).

Development. Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations or storage of equipment or materials.

Elevated building. A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (post and piers).

Encroachment. For the purposes of this Division, the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures, or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Existing construction. Structures for which the start of construction commenced before the effective date of the FIRM. "Existing construction" may also be referred to as "existing structures" and "pre-FIRM."

Existing structure. See "Existing Construction."

Federal Emergency Management Agency (FEMA). An independent agency of the United States government that provides a single point of accountability for all federal emergency preparedness and mitigation and response activities.

Fill. The placing of any material which results in increasing the natural ground surface elevation.

Flood Hazard District. The land located within the base flood area which includes the floodway and the approximated floodplain district.

Flood Insurance Rate Map (FIRM). An official map of a community, on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

Flood Insurance Study (FIS). An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudflow and/or flood-related erosion hazards.

Flood or flooding.

• A general and temporary condition of partial or complete inundation of normally dry land areas from:

◦ The overflow of inland or tidal waters.

◦ The unusual and rapid accumulation or runoff of surface waters from any source.

◦ Mudflows which are proximately caused by flooding as defined in paragraph a.2. of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

• The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1) of this definition.

Floodplain or flood-prone Area. Any land susceptible to being inundated by water from any source.

Floodproofing. A combination of design modifications that results in a building or structure that is subject to flooding, including the attendant utility and sanitary facilities, being watertight with walls substantially impermeable to the passage of water.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point within the community.

Floodway fringe. The floodway fringe encompasses the portion of the floodplain that could be completely obstructed without increasing the base flood elevation by more than 1.0 foot at any point.

Freeboard. A factor of safety usually expressed in inches or feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums may be less expensive.

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. Any structure that is:

• Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

• Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

• Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or,

• Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

◦ By an approved state program as defined by the Secretary of the Interior; or,

◦ Directly by the Secretary of the Interior in states without approved programs.

Hydrological and hydraulic engineering analysis. Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation (DCR) and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

Letters of Map Change (LOMC). An official FEMA determination, by letter, that amends or revises an effective FIRM or FIS. Letters of map change include:

• Letter of Map Amendment (LOMA). An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective FIRM and establishes that a land as defined by metes and bounds, or structure is not located in a special flood hazard area.

• Letter of Map Revision (LOMR). A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A letter of map revision based on fill (LOMR-F) is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. To qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

Conditional Letter of Map Revision (CLOMR). A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective FIRM or FIS.

Lowest floor. The floor of the lowest enclosed area, including basement, but excluding any unfinished or flood-resistant enclosure, usable solely for vehicle parking, building access, or limited storage provided that such enclosure is not built to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44 CFR §60.3.

New construction. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after December 2, 2021, and includes any subsequent improvements to such structures. For floodplain management or development purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by King George County and includes any subsequent improvements to such structures.

Post-FIRM structures. A structure for which construction or substantial improvement occurred on or after December 2, 2021.

Pre-FIRM structures. A structure for which construction or substantial improvement occurred on or before December 2, 2021.

Recreational vehicle. A vehicle which is:

• Built on a single chassis;

• Four hundred square feet or less when measured at the largest horizontal projection;

• Designed to be self-propelled or towable; and

• Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

Repetitive loss structure. A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions in a 10-year period, in which the cost of the repair, on the average, equaled or exceeded 25 percent of the market value of the structure at the time of each such flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

Shallow flooding area. A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Special Flood Hazard Area (SFHA). The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as determined in Section 5-3-14 of this Ordinance. Properties within the SFHA are at a high risk of flooding, with at least a 26-percent chance of flooding over the course of a 30-year mortgage.

Start of construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:

• Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

• Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Violation. The failure of a structure or other development to be fully compliant with King George County's floodplain management regulations in this Division. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in §60.3(d)(3) of the National Flood Insurance Program regulations, is presumed to be in violation until such time as that documentation is provided.

Watercourse. A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Zone, A. Those areas for which no detailed flood profiles or elevations are provided, but the 1% annual chance floodplain boundary has been approximated.

Zone, AE. A flood hazard zone with two categories defined below as:

• Category 1 areas on the FIRM accompanying the FIS are delineated for purposes of this Division using the criteria that certain areas within the floodplain must be capable of carrying the water of the base flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in Table 2 of the King George County FIS and shown on the accompanying FIRM on file with King George County. Category 1 areas shall be those areas for which one-percent annual chance flood elevations have been provided and the floodway has been delineated.

• Category 2 areas on the FIRM accompanying the FIS shall be those areas for which 1% annual chance flood elevations have been provided and the floodway has not been delineated.

Zone, AH. Those areas on the FIRM accompanying the FIS with a 1% annual chance of shallow flooding, usually in the form of a pond, with an average depth ranging from 1 to 3 feet.

Zone, AO. Those areas of shallow flooding identified as AO on the FIRM accompanying the FIS.

Zone, Coastal A. Flood hazard areas within AE zones that have been delineated as subject to wave heights between 1.5 feet and 3 feet.

Zone, V. Coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves. No base flood elevations are shown within these zones.

Zone, VE. Coastal areas with a 1% or greater chance of flooding and an additional hazard associated with storm waves. Base flood elevations derived from detailed analyses are shown at selected intervals within these zones.

Zone, X. Those areas of 0.2% annual chance flood or areas of 1% annual chance flood with average depths of less than one foot or with drainage areas less than one square mile.

For purposes of the MCAOD, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:

C-Weighted Day-Night Average Levels (CDNL). The unit of measurement used for evaluating impulse noise and vibrations, averaged over a 24-hour period, with a 10-decibel weighting (penalty) applied to nighttime sound levels. The 10-decibel nighttime weighting accounts for the fact that noises at night sound louder because of the typically quieter environmental conditions at that time.

Decibel (dB). The physical unit commonly used to describe noise levels.

Day-Night Average Sound Level (DNL). The average sound level in decibels during a 24-hour period, with a 10-decibel weighting (penalty) applied to nighttime sound levels. The 10-decibel nighttime weighting accounts for the fact that noises at night sound louder because of the typically quieter environmental conditions at that time.

Noise Sensitive Land Uses. Uses that are not recommended to be within Noise Zones I and II by Army Regulation 200-1, Chapter 14, Operational Noise, such as housing, schools, and medical facilities.

Noise Zone I. The area in which DNL is lower than 62 dB CDNL for large caliber weapons.

Noise Zone II. The area where the noise is between 62 dB CDNL and 70 dB CDNL for large caliber weapons.

Noise Zone III. The area around the source of noise (NSF Dahlgren) in which the DNL is greater than 70 dB CDNL for large caliber weapons.

Peak Sound Level. The flat-weighted scale that can be used to measure noise from small arms (less than or equal to 20 mm) firing, heavy artillery, and explosives.

Agriculture/silviculture. Any operation devoted to the bona fide production of crops, or animals, or fowl; the production of fruits and vegetables of all kinds; the production and harvest of products from silvicultural activity; and farm wineries, farm breweries, and farm distilleries as defined by the Code of Virginia.

Agriculture, intensive. The commercial confined keeping of animals and storage of agricultural products with accessory uses including storage bins and litter/manure storage. The operations of the use may generate dust, noise, odors, pollutants, or visual impacts that could adversely affect adjacent properties. This use does not include Stable, Private or Stable, Commercial, as defined by this Ordinance.

Agriculture, residential. The personal and recreational practice of maintaining, raising, and/or breeding of bee colonies within apiaries, hives, or similar container and the keeping and raising of chickens on land incidental to a principal dwelling.

Agritourism. Pursuant to the Code of Virginia §15.2-2288.6, any activity carried out at a farm winery, farm brewery, farm distillery, farm, ranch, or other agricultural operation, that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, 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. These rural activities also include, but are not limited to, farm tours, tours of an individual agricultural operation, hayrides, heirloom plant/animal exhibits, crop mazes, and educational programs, workshops, or demonstrations related to agriculture or silviculture. This use does not include weddings and other non-agricultural events as provided by the use Event Venue, as defined by this Ordinance.

Biosolid application. The spreading, placement or distribution of biosolids upon, or insertion into, the land.

Farm winery. An establishment located on one or more lots licensed as a farm winery under Virginia Code § 4.1-207.

Meat Processing Facility. A small-scale commercial use for the for-profit slaughtering and processing of animals that are transported to the facility; includes the processing and storage of animal products/waste that results from the process.

Roadside farm stand. An establishment for the seasonal retail sale of agricultural or forestal goods and merchandise incidental to an agricultural operation. Merchandise may include items such as fruits, vegetables, flowers, herbs, plants, jams, jellies, sauces, baked goods, or home-made handicrafts. Merchandise may not include warehouse items for resell, such as clothing, housewares, etc. Also referred to as a roadside stand, farm stand, or wayside market.

Stable, commercial. A lot, building, or group of buildings, where compensation, whether monetary or goods, is provided for the boarding of equine; training of students; or fields or arenas used for scheduled, public, or club events. This use does not include Agriculture, Intensive, as defined by this Ordinance.

Stable, private. A lot, building, or group of buildings, where horses are kept for the private use of the owners or their guests, but in no event for hire or compensation. This use does not include Agriculture, Intensive, as defined by this Ordinance.

Bed and breakfast. A single-family dwelling, that is occupied by the owner or agent who resides on premises, that provides temporary lodging, of no more than fifteen (15) bedrooms. Food service shall be at least one meal per day, to each person to whom overnight lodging is providing.

Day care, family home (1-4 individuals). A child day program, as defined under Code of Virginia § 22.1-289.02, for children offered in the residence of the provider for up to four children at any one time, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation.

Day care, family home (5-12 individuals). A child day program, as defined under Code of Virginia § 22.1-289.02, for children offered in the residence of the provider for between five and twelve children at any one time, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation.

Dwelling, accessory. An ancillary or secondary dwelling unit that exists on the same lot as the principal dwelling as a standalone structure, in an accessory structure, or attached to or in a primary structure. An accessory dwelling shall be connected to the principal dwelling by a shared wall or breezeway not exceeding 15 feet in length.

Attached accessory dwelling. A structure connected by common walls and/or roof that contains one or more rooms arranged, designed, used, or intended for use as a residence containing living space, kitchen, and bathroom facilities.

Detached accessory dwelling. A standalone structure that does not have any common walls or roof with another structure but contains one or more rooms arranged, designed, used, or intended for use as a residence containing living space, kitchen, and bathroom facilities.

Dwelling, manufactured home. A "single-wide," "double-wide," or "triple-wide" structure that is transportable in one (1) or more sections, is eight (8) feet or more in width and forty (40) feet or more in length in the traveling mode, is built on a permanent chassis and is designed for use as a dwelling unit with or without a permanent foundation when connected to the required utilities. For purposes of this chapter, a Manufactured Home must meet the standards promulgated by the United States Department of Housing and Urban Development (HUD), published at 24 CFR Part 3280, including the ANSI standards incorporated therein by reference. For purposes of this chapter, a Manufactured Home must bear a data plate declaring that it meets HUD standards.

Dwelling, manufactured temporary/accessory. A manufactured home used temporarily as a dwelling while a permanent dwelling is constructed.

Dwelling, multi-family. A building arranged or designed to be occupied by three or more dwelling units for permanent occupancy, regardless of the method of ownership. Included in the use type but not limited to would be garden apartments, low-and high-rise apartments, apartments for elderly housing, and condominiums.

Dwelling, single-family. A site built or modular building designed for and used exclusively as one dwelling unit for permanent occupancy by one family, which is surrounded by open space or yards on all sides, is located on its own individual lot, and which is not attached to any other dwelling by any means.

Dwelling, townhouse. A row of three or more dwelling units, each separated from one another by a continuous vertical wall without opening from basement floor to roof between units, which is commonly known as a firewall, and each on a separate parcel.

Dwelling, two-family. Also referred to as a duplex; means a structure arranged or designed to be occupied by two families, the structure having only two dwelling units, each unit being on a separate lot. Such dwelling units share at least one common wall that separates living space (i.e., living room, kitchen, bedroom, bathroom, etc.).

Family healthcare structure, temporary. As required by and pursuant to all conditions set forth in the Code of Virginia §15.2-2292.1, a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who shall be the mentally or physically impaired person, or in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person and the other requires assistance with one or more activities of daily living as defined in §63.2-2200, as certified in writing by a physician licensed in the Commonwealth; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the Industrialized Building Safety Law (§36-70 et seq.).

Group home. As provided by Code of Virginia § 15.2-2291, a licensed residential facility in which no more than eight mentally ill, intellectually disabled, or developmentally disabled persons or no more than eight aged, infirmed or disabled persons reside, with one or more resident counselors or other resident or nonresident staff persons, shall be considered a residential occupancy by a single family. Mental impairment and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in the Code of Virginia §54.1-3401. Such facility shall be licensed by the Commonwealth of Virginia Department of Behavioral Health and Development Services (Code of Virginia §15.2-2291).

Home occupation, class A. An accessory use of a dwelling unit for gainful employment involving the provision of goods and/or services and which only generates one additional employee, other than family members residing in the dwelling unit. Such occupations may require the use of accessory structures.

Home occupation, class B. An accessory use of a dwelling unit for gainful employment involving the provision of goods and/or services and which generates not more than two full or part-time employees, other than family members residing in the dwelling unit. Such occupations may require the use of accessory structures.

Home occupation, class C. An accessory use of a dwelling unit for gainful employment involving the provision of goods and/or services. This use is intended for home businesses that do not meet the criteria of Home Occupation Class A or B, and may need to store large scale equipment, supplies or heavy machinery.

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.

Park, manufactured home. An area designed, constructed, equipped, operated and maintained for the purpose of providing spaces for two or more manufactured homes intended for use as occupied dwelling units and meeting or exceeding all applicable requirements for manufactured home parks as stipulated by the County of King George and the Commonwealth of Virginia.

Shelter, residential. A facility providing temporary housing and feeding for one or more individuals who are otherwise temporarily or permanently homeless. Ancillary community support services may be provided including, but not limited to, child care, counseling, food distribution, or vocational training.

Short-term rental. A residential dwelling unit that is used or advertised for rent for transient occupancy in increments of 30 consecutive days or less. This use type does not include bed-and-breakfast establishments and does not apply to month-to-month extensions following completion of a year's lease.

Amateur radio tower. A freestanding or building mounted structure, including any base, tower or pole, and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM) license issued by the Federal Communications Commission.

Campground. A lot, tract, or parcel of land operated as a commercial or noncommercial enterprise in which seasonal facilities are provided for all or any of the following: camping, picnicking, boating, fishing, swimming, outdoor games and sports, and activities incidental and relating to the foregoing, including tents, cabins, yurts, or similar rustic structures (excluding recreational vehicles and mobile homes) for seasonal or temporary recreational occupancy.

Camp, recreational vehicle (RV) park. A lot, tract, or parcel of land used or intended to be used by recreational vehicles, tiny homes, or similar structures for transient lodging which may include longer periods of stay subject to the standards of this Ordinance.

Cemetery, public. Any land or structure used or intended to be used for the interment of human remains. Additionally, a cemetery includes mausoleums, columbaria, chapels, administrative offices, and maintenance and storage areas (Code of Virginia § 15.2-2288.5). The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.

Cemetery, private. Any land or structure used or intended to be used for the interment of human remains, used by the owners or family of the land or structure.

Club. A use providing educational, meeting, or social facilities for civic or social clubs, fraternal/sororal organization, 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. A Club does not include a building in which members reside.

Communications services. An establishment primarily engaged in the provision of broadcasting and other information relay services accomplished using electronic and telephonic mechanisms. Excluded from this use type are facilities classified as utility services, major or broadcasting or communication towers. Typical uses include television studios, telecommunication service centers, telegraph service offices or film and sound recording facilities.

Cultural/community facility. A use providing for the public display, performance, or enjoyment of heritage, history, or the arts. This use includes but is not limited to: museums, arts performance venues, cultural centers, or interpretive sites, but does not include commercially-operated theatres.

Education facility, college, university, business, or trade. An educational institution authorized by the Commonwealth of Virginia toward certificate, license, associate, baccalaureate or higher degrees, and facilities associated with it. This term includes academic buildings, administrative facilities, dormitories, special housing, parking areas, dining halls and other physical plants associated with the college, university, business or trade school use.

Education facility, primary or secondary. A public, private, or parochial school offering instruction at the primary, 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.

Emergency management services facility. A building or facility operated by a private entity for the provision of emergency operations and may include storage of emergency vehicles and equipment and ancillary operations. Such uses include but are not limited to fire stations, police stations, and ambulance services. Government owned facilities are not included in this use, and are provided in Public Use, as defined by this Ordinance. This use does not include Office, Medical/Clinic, as defined by this Ordinance.

Public use. Use of land, exclusively for public purposes, by any department or branch of the federal government, Commonwealth or any political subdivision, public authority, or any combination thereof. This use shall not include Educational Facilities or Utility Service (major or minor) as defined in this ordinance.

Recreation facility, neighborhood. An indoor or outdoor recreation facility that is managed and operated by an HOA or developer, and that is to be used specifically by the residents and guests of a particular residential development, planned development, or residential neighborhood.

Recreation facility, non-commercial. Privately owned, not for profit park and recreation facilities that are open to the public. These uses may charge a fee but not for commercial gain. This use includes parks, picnic areas, playgrounds, active or passive recreation facilities, outdoor shelters, amphitheaters, open spaces, and other similar uses. This use does not include Recreation/Entertainment, Commercial Indoor or Outdoor; Recreation Facility, Neighborhood; or Public Use, as defined by this Ordinance.

Religious assembly. A use located in a permanent building or in outdoor spaces and providing regular organized religious worship and related incidental activities. This use shall not include Educational facility, primary/secondary schools and Day care facilities.

Shelter, animal. A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

Telecommunications facility. Any unstaffed facility for the transmission and/or reception of radio, television, radar, cellular telephone, personal paging device, specialized mobile radio (SMR), and similar services. A broadcasting or communication tower usually consists of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission or reception devices or antenna. Excluded are amateur radio antennas, which are defined separately. Also excluded are wireless communication antennas which fit the definition of Small Cell Facility and "Administrative review-eligible project" as defined in the Code of Virginia § 15.2-2316.3 and supplied as Utility service, minor by this ordinance.

Telecommunications facility, small cell. A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services (Code of Virginia §15.2-2316.4).

Utility service, major. Service of a regional nature which normally entails the construction of new buildings or structures such as electrical switching facilities and stations or substations; community wastewater treatment plants; water towers; sanitary landfills; and similar facilities. All overhead transmission lines are included in this definition. This use does not include wind generating facilities; nor does it include Data Centers, Battery Energy Storage Facility, or any Solar Energy uses, as defined in this Ordinance.

Utility service, minor. A service that is necessary to support development within the immediate vicinity and involve only minor structures. Included in this use type are small facilities such as "Administrative review-eligible project" as defined in the Code of Virginia §15.2-2316.3, transformers and relay and booster devices. This use does not include wind generating facilities; nor does it include Community/Public Water System, Shared Water System, or any Solar Energy uses, as defined in this Ordinance.

Water system, community/public. A system for supply and distribution of potable water that is owned and operated by a sanitary district, public service authority, County, or owned and operated by a corporation.

Water system, shared. A system for supply and distribution of potable water serving a maximum of two connections and less than 25 persons.

Wildlife conservations/reserves. Publicly or privately owned land used for the preservation of terrestrial or aquatic species of animals, and the sport of aquatic animals. Typical uses include game preserves, wildlife sanctuaries, fisheries, etc. This use does not include outdoor shooting ranges, game preserves for controlled hunting, or any other use that includes the discharging of firearms on-site.

Adult use. Any premise from which minors are excluded and in which features the viewing, retail sale, and/or rental of books, magazines, newspapers, digital media, movie films, devices, or other photographic or written productions. Additionally, any premise from which minors are excluded and operates as a nightclub, bar, restaurant, or similar establishment that regularly features live performances that have a dominant theme or purpose intended to provide sexual stimulation or sexual gratification to such customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas.

Brewery or distillery. The use of land, licensed by the commonwealth, where beer or spirits are manufactured for sale. Breweries have a capacity greater than 15,000 barrels a year and distilleries have a capacity greater than 5,000 gallons a year. Consumption on the premises is permitted as an accessory use (Code of Virginia §15.2-2288.3:1 and §15.2-2288.3:2).

Brewery or distillery, micro. An establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer, with a capacity of not more than 15,000 barrels per year or primarily engaged in distilling and blending potable liquors, including mixing them with other ingredients, with a capacity of not more than 5,000 gallons of finished product per year. Micro-Brewery or Micro Distillery may include a restaurant or public tasting room as an accessory use.

Business support services. The use of land for the sale, rental, or repair of office equipment and supplies or the provision of services used by office and service establishments. Typical uses include, but are not limited to, office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, or information technology support services.

Car wash. A structure or portion thereof, standalone or accessory to gas station, containing facilities for washing and/or waxing motor vehicles, typically using production-line automated or semiautomated methods for washing, whether or not employing a chain conveyor, blower, steam cleaning or similar mechanical devices operated either by the patron or others. Car washes are a separate use and not treated as accessory to gasoline stations, automobile service, or other similar uses.

Construction material sales. Establishment or place of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but this use shall not include automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments.

Consumer repair services. An establishment or place of business primarily engaged in the provision of repair services to individuals, rather than businesses, but this use shall not include automotive and heavy equipment repair use types. Typical uses include repair of electronics, shoes, watches, jewelry, or musical instruments, vacuum cleaners, power tools, electric razors, refrigerators and lawn mowers not exceeding thirty (30) horsepower.

Crematorium. A commercial establishment that specializes in the cremation of corpses, including pets.

Day care center. Any facility operated for the purpose of providing care, protection, and guidance during only part of a twenty-four-hour day. This term includes nursery schools, preschools, day care centers for individuals, including adults, and other similar uses. Excluded are public and private educational facilities, family home day care, or any facility offering care to individuals for a full twenty-four-hour period.

Electric vehicle (EV) charging station. An electrical component assembly or cluster of component assemblies designed to charge batteries within electric vehicles, and which meet or exceed federal, state, and/or local requirements.

Equipment sales, rental, and repair (heavy). Establishments primarily engaged in the sale, rental, or repair of tools, tractors, construction equipment, commercial equipment, agricultural implements, and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

Event venue. A business where the primary use is to host events such as weddings, wedding receptions, bridal receptions, rehearsal luncheons and dinners, anniversary celebrations, galas, birthday parties, family reunions, ordinations, funeral receptions, fundraisers, retirement parties, corporate meetings, conferences, trade shows, speaker luncheon series, auctions, museum exhibits and similar events. Event venues also include non-agricultural events in agricultural districts, such as barn weddings. An event venue may be indoors or outdoors. Event venues may also be accessory or ancillary uses to other uses, such as, hotels or restaurants. Event venues shall not include government and military services.

Farmer's market. Retail sale of fresh fruits and vegetables, and other food, crafts and related items, at a facility with spaces occupied by several different temporary tenants on a short term or daily basis; indoor or outdoor; but this term does not include Roadside Farm Stands.

Financial institution. An establishment whose principal purpose is the provision of financial services, including but not limited to, an insured depository institution, a credit union, a federal home loan bank, a small business investment company, a depository institution holding company, a mortgage lending business, or other institutions as defined by Federal code.

Funeral home. A building used for human funeral services. Such building may contain space and facilities for (a) embalming, and the performance of other services used in the preparation of the dead for burial, (b) the performance of autopsies and other surgical procedures, (c) the sale and storage of caskets, funeral urns and other related funeral supplies, and (d) the storage of funeral vehicles. A crematorium with no more than two incinerators shall be considered an accessory use to a funeral home.

Garden center/commercial greenhouse. An establishment or place of business primarily engaged in retail sales from the premises including trees, shrubs, seeds, fertilizers, pesticides, plants, and plant materials primarily for agricultural, residential, and commercial consumers. Such an establishment may include a structure used for the cultivation and exhibition of plants under controlled conditions in which plants are offered for sale to the public, either at wholesale or at retail.

Gas station. Any place of business with fuel pumps and underground or aboveground storage tanks that provides fuels and oil by individual sale for motor vehicles and equipment. A store associated with automobile fuel sales shall be considered a gasoline station.

Hospital. Pursuant to § 32.1-123 of the Code of Virginia, any facility licensed in which the primary function is the provision of diagnosis, of treatment, and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals, including hospitals known by varying nomenclature or designation such as children's hospitals, sanatoriums, sanitariums and general, acute, rehabilitation, chronic disease, short-term, long-term, outpatient surgical, and inpatient or outpatient maternity hospitals.

Hotel. The use of land for transitory lodging or sleeping accommodations offered to transients for compensation, typically by the day or week, as distinguished from multi-family dwellings in which rentals or leases are for longer periods and occupancy is generally by residents rather than for transients. Typical uses include hotels, motels, travel lodges, or hostels, but not including a Bed and Breakfast or Short-term Rental.

Kennel, commercial. Any location where raising, grooming, caring for, dog day care services, or boarding of three or more dogs, cats, or other small animals over four months of age for commercial purposes is conducted.

Manufactured/modular home sales. Establishments engaged in the sale or rental of manufactured and modular homes.

Marina, commercial. Waterfront establishments designed and intended to be used for mooring and launching of boats; the servicing, repair, or storage of same watercraft; packaged food sales; travel lift services; slip rental; gasoline; and sanitary pump out service. Restaurants may be an accessory/incidental use.

Nursing home. A use providing bed care and in-patient services for the aged and infirm that require regular physical and mental medical attention, including facilities known by varying nomenclature or designation such as convalescent homes, skilled nursing facilities or skilled care facilities, intermediate care facilities, extended care facilities and assisted living facilities. This use does not include a facility providing surgical or emergency medical services or a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease; nor does this include Life Care Facility uses and activities, as defined in this ordinance.

Office, general. The use of land wherein the primary use is the conduct of a business or profession such as, but not limited to accounting, tax-preparation, lenders and securities brokers, architecture, computer software, or information systems research and development, engineering, insurance, law, management, organization and association offices, psychology, theology, real estate and travel. Retail Sales do not comprise more than an Accessory Use of the primary activity of a General Office. This definition does not include Medical/Clinic Office as defined by this Ordinance.

Office, medical/clinic. The 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 service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia.

Outdoor sales, seasonal. Outdoor sales, seasonal means any business or use (primary or accessory) that is conducted primarily out of doors, which may include but not be limited to: retail sales of fruits, vegetables, plants, flowers, Christmas trees, fireworks; and other similar businesses or uses.

Parking lot, commercial. A site for surface parking use which is fee based and provides one or more 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.

Parking lot, recreational vehicle storage. An area used for a fee for the storage of recreational vehicles and boats that are not currently being used.

Personal improvement services. Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include health or physical fitness studios, dance studios, and handicraft and hobby instruction.

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

Recreation/entertainment, commercial indoor. An establishment which provides an enclosed building for indoor sports and spectator uses and may include multiple coin operated amusement or entertainment devices or machines as an incidental use of the premises. Typical uses include bowling alleys, ice- and roller-skating rinks, indoor racquetball, swimming, billiard halls, game rooms, video arcades, motion picture theaters, and concert or music halls.

Recreation/entertainment, commercial outdoor. Participant or spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf, swimming pools, paintball facilities, sports arenas, rodeos and outdoor movie theaters or drive ins.

Restaurant, general. An establishment in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, bars, cafes, tearooms, confectionery shops, eat-in delis, fast-food restaurants, and refreshment stands. Excluded from this definition is Restaurant, Mobile, Brewery or Distillery, and Micro Brewery or Distillery.

Restaurant, mobile. A readily movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, service, and/or selling of food and operated at temporary locations. This definition shall include food trucks, food trailers, and food carts and shall not apply to those selling in short bursts of 30 minutes or less at a single location and moving to multiple properties through the course of a business day, such vehicles may include, but are not limited to, ice cream trucks.

Self-storage facility. A building or groups of buildings divided into separate compartments designed to provide rental storage space. Each storage space shall be enclosed by walls and ceiling and may have a separate entrance for the loading and unloading of stored goods and shall not be prefabricated structures arranged on a lot. The conduct of sales, business, or any other activity within the individual storage units, other than storage, shall be prohibited.

Shooting range, indoor. A structure used for shooting clubs and other facilities for the discharge of firearms or other projectiles for the purposes of target practice, skeet and trap shooting, mock war games, or formal competitions, or in return for compensation.

Store, large. An establishment that is greater than 3,000 square feet in size and serves for the display and sale of merchandise at retail.

Store, small. A small-scale (less than 3,000 square feet per business) retail use which offers for sale items such as, but not limited to, art or crafts, antiques, art supplies, books, beverages, or which offers for sale items related to a specific theme, e.g., kitchen wares, pet care, etc. or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Small Stores shall not include fuel pumps or the selling of fuel for motor vehicles.

Tradesperson services. Tradesperson service means an establishment or place of business primarily engaged in providing a specific trade service to individuals. Typical uses include plumbing, electricians, blacksmith, welding, and taxidermy. This definition does not include Vehicle Sales/Service, Construction Material Sales, or Home Occupations as otherwise defined in this ordinance.

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

Veterinary hospital/clinic. An establishment rendering surgical and medical treatment of animals. This use includes the incidental keeping of animals. Commercial Kennels are considered a separate use as defined by this Ordinance.

Winery, micro. An establishment primarily engaged in the crushing, fermentation, bulk aging/storage, and bottling of grapes that are primarily brought in and not grown on-site, at a capacity of less than 5,000 gallons per year. Micro wineries may include a restaurant or public tasting room as an accessory use.

Battery energy storage facility. One or more battery cells for storing electrical energy stored in a Battery Energy Storage System ("BESS") with a Battery Management System ("BMS"). Not to include a stand-alone 12-volt car battery or an electric motor vehicle or consumer products.

Construction yard. Establishment or place of business primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building contractor's yards.

Data centers. A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances and other associated components related to digital data operations. Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations at a data center. This term includes single data center facilities, multiple data center facilities, and groupings of data center facilities with or without accessory uses.

Electricity Generating Facility. A stand-alone facility not ancillary to another land use which generates electricity to be distributed to consumers, including but not limited to fossil fuel burning facilities, nuclear facilities, and hydrogen-producing facilities. This usage does not include wind generating facilities, Data Centers, Battery Energy Storage Facilities, or any Solar Energy uses, as defined in this ordinance.

Hazardous materials, storage, and distribution. The storage and/or distribution of any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety of to the environment.

Junkyard (salvage yard). An establishment or place of business which is maintained, operated or used for storing, keeping, buying, or selling scrap metal, or for the maintenance or operation of an automobile graveyard. The definition does not include litter, trash, and other debris scattered along or upon roadways, or temporary operations and outdoor storage of limited duration.

Manufacturing, heavy. The processing and/or converting of raw, unfinished material and/or products into articles or substances of a different character or for use for a different purpose. Uses may have significant external effects, or which pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in manufacturing or other processes. Uses may include, but are not limited to, asphalt plants, concrete plants, lumber mills, and planning mills.

Manufacturing, light. Establishments primarily engaged in the on-site production of goods by hand manufacturing, assembly, packaging or fabrication of materials and products within enclosed structures without significant external effects such as smoke, noise, soot, vibration, odor, and the like. Uses may include, but are not limited to, a machine shop, bottling, electronic equipment, ceramic products, business machines, musical instruments, furniture, medical appliances, tools or hardware, any other product of a similar nature. Retail sales may be incidental to the manufacturing use.

Manufacturing, small-scale. An establishment where shared or individual tools, equipment, or machinery are used to make products on a small scale, including the design, production, processing, printing, assembly, treatment, testing, repair, and packaging, as well as any incidental storage, retail or wholesale sales and distribution of such products. Typical small-scale production establishments include, but are not limited to the making of electronics, food products, non-alcoholic beverages, prints, household appliances, leather products, jewelry and clothing/apparel, metal work, furniture, glass, ceramic or paper, together with accessory uses such as training or educational programs.

Recycling facility. A facility in which recoverable resources, not to include sludge or municipal solid waste, such as newspapers, magazines, books, and other paper products; glass; metal cans; tires; oil; and other products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production. Not to include a junkyard/salvage yard of materials.

Resource extraction. Resource extraction means 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, soil mining, and other major excavations. 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.

Transportation/freight services. An area of land used for the switching, storing, assembling, distributing, consolidating, moving, repairing, weighing, or transferring of freight by either means of road or rail. Railroad uses—such as sidings, tracks, spur tracks, and signals—may be incidental to other operations.

Warehousing and distribution. Uses including storage, warehousing, and dispatching of goods within enclosed structures. Typical uses include wholesale distributors, storage warehouses, and moving/storage firm.

Accessory structure. A building or structure subordinate to and located on the same lot with a main building, the use of which is clearly incidental to that of the main building or to the use of the land, and which is not attached by any part of a common wall or roof to the main building. The term "accessory structure" also includes, but is not limited to, portable storage containers, gazebos, docks, carports, private greenhouses, and sheds which may be modular in nature and are delivered to the site and which may or may not have a foundation. Accessory building or structure does not include motorhomes, travel trailers, or other recreational vehicles.

Airport, private. An area designated for the private use by the licensee, but available for use by others upon specific invitation of the licensee for the landing and take-off of aircraft, but not for hire.

Airport, public. An area of land or water designated for the landing and take-off of aircraft for public use, and any appurtenant areas designated and used for related buildings, rights-of-way, or approach zones.

Construction temporary uses. A manufactured home or other similar structure used as a temporary office to meet a short-term need in conjunction with a construction project.

Drive-through window. An accessory facility designed to provide access to commercial products and/or services for customers remaining in their motor vehicle, provided that this term does not include providing services to customers remaining in their motor vehicle while it is parked in a parking space.

Kennel, private. A private kennel means any place which is equipped and/or used to house, keep, or otherwise care for, outside of the primary dwelling, 3 or more dogs that are over six-months of age, and for which no compensation is received.

Marina, private. A waterfront facility for secure mooring of boats, including facilities for storage and repair of boats, for use by the owner(s) or resident(s) of the lot or any associated private housing development, and their guests.

Mixed-use structure. A building or development that contains a variety of complementary and integrated uses, including but not limited to residential, office, research & development, production, retail, public, entertainment, conference and lodging uses arranged in a compact urban form.

Outdoor furnace. Any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors and is hand-loaded or continuously fed (automatically fueled) for the purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood furnace may also be referred to as an outdoor wood boiler, or hydronic heater.

Outdoor storage. The keeping, in other than a building, of any goods, materials, or merchandise on the same parcel for more than twenty-four consecutive hours.

Solar energy, medium-scale. A solar facility that is attached to a structure or incorporated into building materials for structures, such as shingles or roofs, or as ground mounted equipment. It may be a principal or accessory use and generates electricity from sunlight on an area adequate to support a rated capacity of greater than 500 kilowatts (KW) and less than five megawatts (5 MW) alternating current. Generated electricity may be used for on-site consumption, a net-metering agreement/program, or distributed for commercial consumption.

Solar energy, small-scale. A solar facility that is attached to a structure or incorporated into building materials for structures, such as shingles or roofs, or as ground mounted equipment. It may be a principal or accessory use and generates electricity from sunlight on an area adequate to support a rated capacity of five-hundred kilowatts (500 KW) alternating current or less. Generated electricity may be used for on-site consumption or a net-metering agreement/program.

Solar energy, utility-scale. A ground-mounted solar facility that generates electricity from sunlight on an area adequate to support a rated capacity of five megawatts (5 MW) alternating current or greater.

Training facility. An establishment which primarily provides safety, security, or survivability training for the purpose of educating students to obtain or maintain a public safety, private security, or high threat civil or foreign service vocation. This definition shall be construed as being inclusive of all buildings, structures, grounds and uses that are associated with the organization of the Training Facility including, but not limited to, administrative buildings, cafeterias, classrooms, dormitories, staff housing, storage buildings; and accessory uses such as driving tracks, handgun ranges, and other similarly used structures.