For the purpose of this ordinance, certain words and terms are defined as follows: Words used in the present tense include the future. Words in the single tense include the plural, and the plural includes the singular. The word "person" includes a firm association, organization, partnership, trust, company, or corporation as well as an individual. The word "shall" is mandatory; the [word] "may" is permissive. The word "used" or "occupied" includes the words "intended, designed, or arranged to be used or occupied." The word "lot" includes the word "plot" or "parcel." The word "building" includes the word "structure." The terms "land use" and "use of land" shall be deemed also to include "building use" and "use of a building." The word "state" means the Commonwealth of Virginia. The word "town" means the Town of Lawrenceville, Commonwealth of Virginia, and the term "town boundary" means any exterior boundary of the town. The term "construction standards" means those construction standards as approved by town council and the town's building inspector and included in the uniform statewide building code. The word "Code of Virginia" shall include "as amended." The word "adjacent" means "nearby" and not necessarily "contiguous."

In case of any dispute over the meaning of a word, phrase, or a sentence, whether defined herein or not, the zoning administrator is hereby authorized to make a definitive determination thereof, being guided in such determination by the purposes and intent of this ordinance as set forth in article 1, provided however, that an appeal may be taken from any such determination as provided in article 16.

17-3-1. Abattoir. A commercial slaughterhouse.

17-3-2. Accessory use or structure. A subordinate use of [a] structure customarily incidental to and located upon the same lot occupied by the main use or building, provided that no such accessory building shall be used for housekeeping purposes.

17-3-3. Acreage. A parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat.

17-3-4. Administrator, the zoning. The official charged with the enforcement of the zoning ordinance. He may be any appointed or elected official who is by formal resolution designated to the position by the governing body. He may serve with or without compensation as determined by the governing body.

17-3-4.1. Adult care facilities. An agency, organization or individual providing day time care for adults, in conformance with licensing regulations.

17-3-4.2. Agriculture. The tilling of soil, the raising of crops, horticulture, forestry, gardening, including the keeping of animals, and fowl, and including agricultural industry such as fruit packing plants, dairies or similar uses.

17-3-5. Alteration. any change in the total floor area, use, adaptability, or external appearance of an existing structure.

17-3-5.1. Antique and gift shops. A commercial establishment which is used primarily for the indoor display and retail sale of merchandise, primarily furniture, silverware, glassware and other curios and collectibles, the value of which is derived from age, rarity and materials of such items and/or the workmanship of a particular historic period; flea markets and furniture stores shall not be included.

17-3-6. Apartment house. A building used or intended to be used as the residence of three or more families living independently of each other.

17-3-7. Automobile graveyard shall mean any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located or found.

State Law reference— Similar provisions, Code of Virginia, §§ 15.2-903, 33.1-348.

17-3-8. Basement. A story having part but not more than one-half its height below grade. A basement shall be counted as a story for the purpose of height regulations, if it is subdivided and used for business purposes, or for dwelling purposes by other than a janitor employed on the premises.

17-3-8.1. Bed and breakfast establishment. A home occupation involving the rental of up to four rooms to overnight guests and offering breakfast meals only to said guests.

17-3-9. Boardinghouse. A building where, for compensation, lodging or meals are provided for at least five and up to 14 persons.

17-3-10. Building. Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels.

17-3-11. Building, accessory. A subordinate structure customarily incidental to and located upon the same lot occupied by the main structure. No such accessory structure shall be used for housekeeping purposes.

17-3-12. Building, height of. The vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front to the structure to the highest point of the roof if a flat roof; to the deck line of a mansard roof, or to the mean height level between the eaves and ridge of a gable, hip, or gambrel roof. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building.

17-3-12.1. Building line. The imaginary line extending across the frontal most portion of a structure from side property line to opposite property line.

17-3-13. Building, main. The principal structure or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot.

17-3-14. Cellar. A story having more than one-half of its area below grade and which may not be occupied for dwelling purposes.

17-3-15. Child care center. A structure either wholly or partially used for the temporary care and lodging, for compensation, of young children. Three types of child care centers are:

a.

Home day care (subsection 17-3-43). Use of the residential structure or part thereof for the temporary lodging and care of not more than four children for compensation.

b.

Day care center. A commercially zoned structure utilized for the temporary care of not more than ten children for compensation. This use must meet the necessary state licensing requirements.

c.

Nursery. A structure utilized for the reception, board, and care for compensation of ten or more children. This use must meet the necessary state licensing requirements.

17-3-15.1. Church. An institution of the community for the practice of established religion including worship, religious education, and conduct of approved church programs and activities within the church and upon its grounds.

17-3-16. Commercial. Any wholesale, retail or service business activity established to carry on trade for a profit.

17-3-17. Commercial truck. Any vehicle weighing more than 6,000 pounds (empty weight July 20, 1994) which is used for commercial purposes will be considered in this ordinance as a commercial truck.

17-3-18. Commission, the. The planning commission of Lawrenceville, Virginia.

17-3-18.1. Conditional zoning means, as part of classifying land within the town into areas and districts by legislative action, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to, or modification of the regulations provided for a particular zoning district or zone by the overall zoning ordinance.

State Law reference— Conditional zoning, Code of Virginia, § 15.2-2296 et seq.

17-3-18.2. Condominium. Real property lawfully in existence pursuant to a condominium instrument created under the condominium act (Code of Virginia, § 55-79.39 et seq.). Condominiums shall be treated pursuant to this ordinance the same as any physically identical project under the different form of ownership.

17-3-19. Dairy. A commercial establishment for the manufacture and sale of dairy products.

17-3-19.1. Dance school. Any place, however designated, operated for the purpose of providing instruction in the art of dancing during any part of the day between the hours of 8:00 a.m. and 8:00 p.m., exclusive of Sundays and holidays.

17-3-20. Development. Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations.

17-3-20.1. District. A portion of the town within which, on a uniform basis certain uses of land and buildings are permitted and certain other uses of land and buildings are not permitted as set forth by this ordinance, and within which certain yards and other open spaces are required within certain lot areas are established or within which a combination of such conditions apply.

17-3-21. Dwelling. Any building, or portion thereof, which is designated for use for residential purposes, except hotels, motels, boardinghouses, lodginghouses, tourist cabins, automobile trailers.

17-3-22. Dwelling, attached. One of two or more residential buildings having a common or party wall separating dwelling units.

17-3-23. Dwelling, multifamily. A building containing three or more dwelling units (an apartment house), with the number of families in residence not exceeding the number of dwelling units provided.

17-3-24. Dwelling, single-family. A residential dwelling unit other than a mobile home dwelling, designed for and occupied by one family only.

17-3-25. Dwelling, single-family detached. A single-family dwelling separated from structures on adjacent lots.

17-3-26. Dwelling, semidetached. One of two buildings, arranged as dwellings located on abutting walls without openings, and with each building having a separate lot with minimum dimensions required by district regulations.

17-3-27. Dwelling, temporary. A portable dwelling but not necessarily attached to a permanent foundation.

17-3-28. Dwelling, two-family or duplex. A residential building not more than two dwelling units, arranged one above the other or side by side, designed for occupancy by not more than two families.

17-3-29. Dwelling unit. One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.

17-3-30. Family.

(a)

An individual;

(b)

Two or more person related by blood, marriage, adoption, or guardianship;

(c)

Two or more persons related by blood, marriage, adoption or guardianship and not more than one unrelated person; or

(d)

A group of not more than two persons not related by blood, marriage, adoption or guardianship.

17-3-30.1. Farmers market. Any structure or land used for the sale or offering for sale (of) agricultural or horticultural produce, excluding livestock.

17-3-30.2. Flea market. An occasional or periodic market held in an open area, building or structure where groups of individual sellers offer goods for sale to the public and where there are ordinarily no long term leases between sellers and operators.

17-3-31. Flood. A general and temporary inundation of normally dry land areas.

17-3-32. Floodplain.

(1)

A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation;

(2)

An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

17-3-33. Floodway. The designated area of the floodplain required to carry the discharge floodwaters of a given magnitude. For the purposes of this ordinance the floodway shall be capable of accommodating a flood of the 100-year magnitude.

17-3-34. Frontage. The minimum width of a lot measured from one line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the building setback line as defined and required herein.

17-3-35. Garage, private. Accessory building designed or used for the storage of not more than three automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of 1½ times as many automobiles as there are dwelling units.

17-3-36. Garage, public. A building or portion thereof, other than a private garage designed or used for servicing, repairing, equipping, renting, selling, or storing motor-driven vehicles.

17-3-37. Gasoline service station. A retail activity operated for the sale of gasoline, oil, minor accessories and vehicle repair work. All repair work, other than the sale of fuel and other products, shall be conducted within a completely enclosed building.

17-3-38. Gasoline station, self-service. A retail activity operated for the sale of gasoline, oil, minor accessories and other retail products (e.g., grocery items). No vehicle repair work is permitted on the premises.

17-3-39. Governing body. The Town Council of Lawrenceville, Virginia.

17-3-40. Greenhouse. A structure for the raising of plants or flowers indoors for retail purposes.

17-3-41. Group home. A dwelling unit serving physically handicapped, mentally handicapped or other developmentally disabled persons, not related by blood or marriage.

17-3-42. Guestroom. A room which is intended, arranged or designed to be occupied, or which is occupied, by one or more guests paying direct or indirect compensation therefore, but in which no provision is made for cooking. Dormitories are excluded.

17-3-43a. Hardship. A situation used in appealing for variances that borders on confiscation. Inconvenience does not constitute hardship.

17-3-43b. Home day care. Use of a residence or part thereof for the temporary day care of not more than four children or four elderly persons for compensation as allowed and regulated by state law.

17-3-44. Home garden. A garden in a residential district for the production of vegetables, fruits and flowers generally for use and/or consumption by the occupants of the premises.

17-3-45. Home occupation. An occupation carried on by the occupant of a dwelling unit as a secondary use, provided that:

(a)

No person other than members of the family residing on the premises shall be engaged in occupations;

(b)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;

(c)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation. One sign not greater than two square feet is permitted in the conduct of a home occupation;

(d)

No home occupation shall be conducted in any accessory building;

(e)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard;

(f)

There shall be no sales in connection with such home occupation;

(g)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or cause fluctuation in line voltage off the premises.

17-3-46. Homeowners' association. A nonprofit organization operating under recorded land agreements through which:

(a)

Each lot and/or homeowner in a clustered or planned development is automatically a member;

(b)

Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property; and

(c)

The charge, if unpaid, becomes a lien against the property.

17-3-47. Hospital. An institution rendering medical, surgical, obstetrical, or convalescent care, including nursing homes, homes for the aged and sanatoriums, but in all cases excluding institutions primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts. (Certain home day care (subsection 17-3-43b) facilities for the young or the elderly may be conducted as a home occupation if they comply with Virginia Law related to day care facilities.)

17-3-48. Hospital, special care. A special care hospital shall mean an institution rendering care primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts.

17-3-49. Hotel. A building designed or occupied as the more or less temporary abiding place for 14 or more individuals who are, for compensation, lodged, with or without meals, and in which provision is not generally made for cooking in individual rooms or suites.

17-3-49.1. In fill lot. Any lot, or parcel of land which legally existed on the effective date of this ordinance with less than 100 feet of frontage on a public street. In fill lots are undeveloped lots surrounded by developed property. An in fill lot may have been the earlier site of a building which was razed. The distinguishing feature of an in fill lot is its being an undeveloped lot within a wholly developed area. Lots, tracts and acreage with more than 100 feet of frontage is not considered in fill for purpose of this ordinance.

17-3-49.2. Junk shall mean old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

State Law reference— Similar provisions, Code of Virginia, § 33.1-348.

17-3-50. Junkyard shall mean an establishment or place of business [lying within 100 feet of a state highway, or consisting of more than 200 square feet of land area in any location,] which is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

State Law reference— "Junkyard" defined, Code of Virginia, §§ 15.2-903, 33.1-348.

17-3-51. Kennel. An enclosure or structure used to house, shelter, restrain, exercise, board, breed, handle or otherwise keep or care for more than two dogs six months of age or older, from which they cannot escape. The enclosure or structure shall not mean a dwelling or a fence used to demarcate a property line. The kennel shall meet sanitary conditions as directed by the local sanitarian.

17-3-51.1. Livestock market. A commercial establishment wherein livestock is collected for sale and auctioned off.

17-3-52. Lot. A parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot width and lot areas as are required by this ordinance, and having frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds.

17-3-53. Lot, corner. A lot abutting on two or more streets at their intersection. Of the two sides of a corner lot the front shall be deemed to be the shortest of the two sides fronting on streets.

17-3-54. Lot, depth of. The average horizontal distance between [front] and rear lines.

17-3-55. Lot, double frontage. An interior lot having frontage on two streets.

17-3-56. Lot, interior. Any lot other than a corner lot.

17-3-57. Lot of record. A lot which has been recorded in the clerk's office of circuit court.

17-3-58. Lot, width of. The average horizontal distance between lines.

17-3-59. Manufacture and/or manufacturing. The process and/or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character, or for use for a different purpose.

17-3-59.1. Manufactured home means a structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure.

State Law reference— Similar provisions, Code of Virginia, § 36-85.3.

17-3-60. Miniwarehouse, self-serve storage. A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual compartmentalized and controlled-access stalls or lockers for the dead storage of customer's goods or wares. Miniwarehouses shall not be used as a site for the sale of goods or services.

17-3-61. Mobile home. A transportable structure, which is eight body feet or more in width or 32 body feet or more in length, built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes plumbing, heating, air conditioning, and electrical system contained therein. All mobile homes built since June 15, 1976, built to the National Mobile Home Construction and Safety Standards Act of 1974 (U.S. Department of Housing and Urban Development) are classified as a mobile home. For the purpose of this ordinance, a mobile home shall not be deemed a single-family detached dwelling, nor shall such mobile home definition apply to travel trailers used for recreational camping purposes. (See definition of manufactured home, [subsection] 17-3-59.1, which is considered to meet the definition of a single-family detached dwelling.)

17-3-62. Mobile home park. Lots or parcels of land designed for temporary or permanent parking and occupancy of one or more mobile homes for human habitation. The location and operation of these parks are governed by the provisions of this ordinance, and the uniform statewide building code. Mobile home park or subdivision shall contain at least three acres, and contain 18 or more mobile homes for residential occupancy.

17-3-62.1. Motel. Any group of dwelling units, combined or separated, used for the purpose of housing more than 14 transient guests, each unit of which is provided with its own toilet, washroom and off-street parking facility.

17-3-63. Neighborhood grocery. A single-store, the ground floor of which is 3,000 square feet or less and which offers for sale primarily most of the following articles: bread, milk, cheese, fresh produce, canned and bottled foods and drinks, tobacco products, candy, papers, magazines and books. Gasoline may also be offered for sale but only as a secondary activity. No more than three gasoline pumps are permitted at a neighborhood grocery and no auto repair work is allowed on the premises.

17-3-64. Nonconforming activity. An 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.

17-3-65. Nonconforming lot. An otherwise legally platted lot that does not conform to the minimum area or width requirements of this ordinance for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

17-3-66. One-hundred-year flood. A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year).

17-3-66.1. Outdoor craft/food sales. During a town festival, the sale of crafts, bake goods and other food items to the general public. These sales are limited to five days duration at any one time and no more than two events are allowed in a calendar year.

17-3-67. Parking, off-street. Any space specifically allotted to the parking of motor vehicles; such space shall not be in a public right-of-way.

17-3-67.1. Personal service establishment. Any building wherein the occupation is the repair, care of, maintenance or customizing of personal properties that are worn or carried about the person or are a physical component of the person. For the purpose of this ordinance, personal service establishments shall include barbershops, beauty parlors, pet grooming establishments, tailors, dressmaking shops, shoe repair, repair shops, photographic studios, linen and diaper service establishments

17-3-67.2. Photocopy service. A business that reproduces drawings, plans, maps or other copies by means of blueprinting or photocopying.

17-3-68. Professional office. An office for the conduct of a professional use by persons generally engaged in rendering personal, executive, sales or administrative services or activities, including law, medicine, theology, architecture, accounting, engineering, insurance, real estate, stockbrokers, and administrative agencies considered professional in character. The term, however, does not include repairs on sales or tangible personal property stored or located within the structure nor any use which would create any loud noise or noxious odors.

17-3-69. Public water and sewer systems. A water or sewer system operated by a municipality or county, or owned and operated by a private individual or a corporation approved by the governing body and properly licensed by the state corporation commission, and subject to special regulations as herein set forth.

17-3-69.1. Recycling collection centers. A neighborhood dropoff point for temporary storage of recoverable resources. No processing of such items is allowed. A collection point for bottles, newsprint, paper, aluminum can, and plastic containers generated from residential areas.

17-3-69.2. Retail stores. A business enterprise whose principal use is the sale of goods, merchandise, and products directly to the consumer.

17-3-70. Required open space. Any space required in any front, side or rear yard.

17-3-71. Restaurant. Any building in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tearooms, confectionery shops or refreshment stands.

17-3-71.1. Retail outlet stores. A retail activity offering for sale goods or products which are produced only on the same premises. Outlet stores shall not exceed 25 percent of the total floor area of the manufacturing facility.

17-3-72. Retail stores and shops. Buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood, and lumberyards), such as the following, which will serve as illustration: drugstore, newsstand, food store, candy shop, milk dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop.

17-3-73. Roominghouse. A building where, for compensation, lodging and meals are provided for one to four persons.

17-3-73.1. Satellite dish antenna (or earth station). Satellite dish antennas shall mean an accessory use that is a combination of (1) antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; (2) a low-noise amplifier which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and (3) a coaxial cable whose purpose is to carry the signals to the exterior of the building.

17-3-73.2. Satellite dish antennas (or earth station) height. This shall mean the height of the antenna or dish measured vertically from the highest point of the antenna or dish, when positioned for operation, to the grade or permanent structure to which the antenna or its base is attached.

17-3-74. Sawmill. A portable sawmill located on a private proper processing of timber cut only from that property or from property immediately contiguous and adjacent thereto.

17-3-74.1. School. A facility that provides a curriculum of elementary, secondary, or postsecondary education. Such facility may be [a] public or private institution of higher education. Postsecondary includes colleges, universities and technical training centers.

17-3-75. Screen planting. The installation of and maintenance of plant material arranged so as to provide a visual barrier at least six feet in height between abutting uses.

17-3-75.1. Self-serve storage. See definition for miniwarehouse (subsection 17-3-60).

17-3-76. Setback. The minimum distance by which any building or structure must be separated from the front lot line.

17-3-77. Sign. Any display of any letters, words, numerals, figures, logos, emblems, pictures, flags, pennants, banners, or any parts or combinations thereof attached to, or as part of a structure, surface, or any other things included within a specific use district in an on- or off-premises manner and which is visible both on and beyond the boundaries of the parcel of land on which the same is located.

(1)

Sign, business. A sign which directs attention to a profession, product, service or activity conducted, sold or offered on the premises where such sign is located.

(2)

Sign, directional. A directional sign is one (one end of which may be pointed, or on which an arrow may be painted, indicating the direction to which attention is called) giving only the name of the firm or business responsible for the erection of the sign, and being two square feet or less in area.

(3)

Sign, flashing. An illuminated sign on which artificial light is not kept constant in intensity at all times, when in use. Illuminated signs which indicate public service information such as time, date, temperature, weather or similar information should not be considered flashing signs.

(4)

Sign, general advertising (billboards). A freestanding sign that is over 100 square feet in size, which directs attention to a product, commodity or service not necessarily conducted, sold, or offered upon the same lot where such sign is located.

(5)

Sign, home occupation. A home occupation sign direction to a product, commodity or service available on the premises, but which product, commodity or service is clearly a secondary use of the dwelling.

(6)

Sign, identification. A sign used strictly for identifying the name of the structure, the subdivision or community and not used for commercial or advertising purposes.

(7)

Sign, location. A location which directs attention to the approximate location of an establishment from which the advertised product may be obtained.

(8)

Sign, projecting. A wall sign which is attached to the building wall and which extends not more than 15 inches from the face of such wall.

(9)

Sign, real estate. A sign that advertises a retail estate company, and/or a real estate agent and their intention to sell, rent, or lease a structure or a piece of property on which the sign is located.

(10)

Sign, wall. A sign which is attached to the wall of a building, with the face in the plane parallel to such wall and not extending more than 18 inches from the face of such wall.

17-3-78. Sign area. The surface area of a sign shall be completed [considered] as including the entire area within a regular geometric form or combination of regular geometric forms compromising all of the display area of the sign and including all the elements of the matter displayed, but not including the opposite face of a double-faced sign.

17-3-79. Sign, double-faced. A sign in which the opposite sides used to display information, provided that the opposite side is not placed at more than 60-degree angle with the observed side.

17-3-80. Sign structure. Includes the supports, uprights, bracing, and framework of any structure, be it single-faced, double-faced, v-type, or otherwise, exhibiting sign.

17-3-81. Sign, temporary. A sign advertising a candidacy for public office or an event of public interest, such as a public or general election, church or public meeting, fair, horse show, turkey shoot, entertainment for charitable purposes and other similar social activities of temporary duration or nonrecurring nature.

17-3-82. Special exception. A special exception is a use that would not be permitted generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning division or district as special exceptions if specific provision for such special exception is made in this zoning ordinance.

17-3-82.1. Sports and fitness complex. A facility including the following activities or sports: aerobics, hockey, gymnastics, basketball, football, wrestling, handball, tennis, racquet ball, exercise, running, weight lifting, volley ball, and indoor soccer. The facility may also provide other regular organized or franchised events, health club facilities, swimming pools, athletic courts, snack bar, restaurant and retail stores supporting persons utilizing the complex.

17-3-83. Store. A facility or area designated for the receipt, storage and/or sale of mercantile or consumable goods. Also, see subsection 17-3-72, retail stores and shops.

17-3-84. Story. That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above. If there be no floor above it, the space between the floor and the ceiling next above. See Virginia Uniform Statewide Building Code for identification of heights associated with various building use classifications.

17-3-85. Story, half. A space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use.

17-3-86. Street or road. A [highway, street, avenue, boulevard, road, lane or any other public way or] thoroughfare that affords principal means of access to abutting property.

17-3-87. Street line. The dividing line between a street or road right-of-way and the contiguous property.

17-3-88. Structure. Anything constructed or erected, the use of which requires a permanent location on the ground, or attachment to something having a permanent location on the ground. This includes, among other things, dwellings, buildings, signs, etc.

17-3-89. Substantial improvements. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement is started or if the structure has been damaged, and is being restored, before the damage occurred.

17-3-89.1. Theater, indoor. A building designated and/or used for the commercial exhibition of motion pictures or plays to the general public. For the purpose of this ordinance, a dinner theater shall be deemed a restaurant.

17-3-90. Tourist court, auto court, motel, inn, cabins, or motor lodge. One or more buildings containing individual sleeping rooms, designed for or used temporarily by automobile tourists or transients, with garage or parking space conveniently located to each unit. Cooking facilities may be provided for each unit.

17-3-91. Tourist home. A dwelling where only lodging is provided for compensation for up to 14 persons (in contradistinction to hotels and boardinghouses) and open to transients.

17-3-92. Townhouse. Three or more single-family dwelling units constructed in a series or group with some common walls in which no dwelling unit is located over another.

17-3-93. Travel trailer. A vehicular, portable structure built on a chassis, as a temporary dwelling for travel, recreation, and vacation, having body width not exceeding eight feet and being of any length provided its gross weight does not exceed 4,500 pounds or being of any weight provided its body length does not exceed 29 feet.

17-3-94. Use, accessory. A subordinate use, customarily incidental to and located upon the same lot occupied by the main use.

17-3-95. Variance. A reasonable deviation from the terms of this zoning ordinance where such variance will not be contrary to the public interest and where, owing [to] conditions peculiar to the property and not as a result of the actions of the applicant, a literal enforcement of this ordinance would result in unnecessary or unreasonable hardship. As used in this ordinance, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed for variance, nor shall a variance be granted because of the presence of nonconformities in the zoning division or district or adjoining zoning divisions or districts. No exception to or variance from the terms of this zoning ordinance shall be granted for any proposed use, development or activity within the floodway as herein defined which will cause any increase in flood levels during the 100-year flood, or in the floodway fringe and/or additional floodway fringe where applicable, which will increase flood levels beyond the point which the floodplain provisions of this zoning ordinance are designed to prevent. [A variance shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning.]

17-3-96. Wayside stand, roadside stand, wayside market. Any structure or land used for the sale of agricultural or horticultural produce, livestock, or merchandise produced by the owner or his family on their farm.

17-3-96.1. Wholesale. Any business which deals in the bulk supply of goods that are sold to others who will retail the same goods in smaller quantities at a marked up retail price. A wholesale business is a supply source for goods and raw materials.

17-3-97. Yard. An open space on a lot other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

(1)

Yard, front. An open space on a lot 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.

(2)

Yard, rear. An open, unoccupied space on the same lot as a building between the rear line of the building (excluding steps) and the rear line of the lot and extending the full lot.

(3)

Yard, side. An open, unoccupied space on the same lot as a building between the side line of the building (excluding steps) and the side line of the lot, and extending from the front yard line to the rear yard line.

State Law reference— Definitions, Code of Virginia, § 15.2-2201.