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Luray City Zoning Code

ARTICLE II

- DEFINITIONS

201. - General usage.

For the purpose of this ordinance, certain words and terms are herein defined as follows:

Words used in the present tense include the future tense; words used in the singular number include the plural number, and words in the plural number include the singular number; unless the obvious construction of the wording indicates otherwise.

The word "shall" is mandatory; "may" is permissive.

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

The word "building" includes the word "structure"; the word "lot" includes the words "plots" and "parcel."

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

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

The word "state" means the Commonwealth of Virginia.

The word "town" means the Town of Luray, Virginia.

The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

202. - Specific terms.

The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abut: Lots that share a common boundary.

(Ord. of 8-14-2017(1), § 1(a))

Access: A public or private right-of-way providing the ability to enter, approach, or pass to and from an area to another area.

Accessory building: A building 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.

Accessory dwelling unit: A detached secondary residence containing provisions for sleeping, cooking and sanitation which is located on the same lot as a primary residence. Accessory dwelling units are subject to the provisions enumerated in appendix A (zoning), article V (supplemental regulations), section 516 (accessory dwelling units) of the Town Code.

(Ord. of 5-11-2009(3), § 1)

Accessory use: A use of a building, lot, or portion thereof, which is customarily incidental and subordinate to the principal use of the main building or the lot.

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

Adjacent: Lots that abut one another or are separated only by a street, alley, right-of-way, or easement.

(Ord. of 8-14-2017(1), § 1(a))

Administrator: 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.

Alley: A public right-of-way which affords only a secondary means of vehicular access of the side or rear of property.

All-weather surface: Crushed rock, gravel or similar surface shall constitute an all-weather surface.

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

Amendment: A change in the zoning ordinance and/or zoning map granted by the town council after review and comment by the town planning commission and appropriate public hearings.

Amusement or recreation center: Any room, place or space available for public patronage, operated as a business which utilizes in its operation five or more pieces of equipment or games, including, but not limited to the following: two or fewer pool/billiard tables, ping-pong tables, foosball tables, video game machines, pinball machines, or any arcade-style mechanical or electronic amusement device.

(Amend. of 6-14-2010)

Apartment house: A building used or intended to be used as a dwelling by two or more families living independently of each other and who do their cooking therein. A building containing one apartment unit may be considered an apartment house provided it is located on a single commercially zoned lot with other apartment houses containing two or more apartment units. In addition, apartment houses shall be required to meet all Town Code and Building Code requirements.

Architect, registered: A licensed professional architect, registered in the Commonwealth of Virginia by the state board for architects, professional engineers, land surveyors, certified interior designers and landscape architects as an "architect."

Artisan food and beverage: Small scale production or preparation of food or beverage made on site with limited to no automated processes involved and may include direct sales to or consumption by consumers. This definition includes uses such as small-batch bakeries, microbreweries as regulated by the Commonwealth of Virginia, artisan distilleries as regulated by the Commonwealth of Virginia, small-batch candy shops, and local cheese makers.

(Ord. of 8-10-2020)

Artisan manufacturing: Application, teaching, making, or fabrication of crafts or products by an artist, artisan, or craftsperson either by hand or with minimal automation and may include direct sales to consumers. This definition includes uses that employ activities and processes such as small-scale fabrication, welding, and coating, that are typically not permitted in non-industrial zoning districts.

(Ord. of 8-10-2020)

Arts and Cultural District: A zoning overlay district established as a mechanism to increase awareness and support for arts, cultural, festival and special event activities within a defined geography of the town. Luray's Arts and Cultural District does not supersede established use regulations enumerated in a particular zoning district. The Code of Virginia, § 15.2-1129.1 specifically, provides municipalities with the legislative authority to create Arts and Cultural Districts as an instrument to support and enhance arts and cultural activities.

(Ord. of 2-8-2010, § 1)

Automobile parking lot, commercial: A lot or portion thereof, other than an automobile sales lot, held out or used for the storage or parking of six or more motor vehicles for a consideration, where service or repair facilities are not permitted. Such parking lot shall not be considered an accessory use; nor shall it be used for the storage of dismantled or wrecked motor vehicles, parts thereof, or junk.

Automobile sales lots: A lot arranged, designed, or used for the storage and display for sale of any new or used motor vehicle capable of independent operation or any type of travel trailer and recreation vehicle provided the travel trailer and recreation vehicle is unoccupied, and where repair work is done wholly enclosed within a building.

Automobile service station: Any place of business with pumps and underground storage tanks, having as its purpose the servicing, at retail, of motor vehicles with fuels and lubricants, and including minor repairs and inspections incidental thereto but not including a general repair shop, paint or body shop, machine shop, vulcanizing shop, or any operation requiring the removal or installation of radiator, engine, cylinder head, crankcase, transmission, differential, fenders, doors, bumpers, grills, glass or other body parts, or any body repairing or painting. All repairs shall be conducted within a fully enclosed building.

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

Bed and breakfast home: A single-family dwelling where for compensation lodging and breakfast are provided to registered transient guests only.

(Ord. of 7-10-1989; Mo. of 4-10-1995; Ord. of 6-9-1997; Mo. of 1-12-1998; Ord. of 5-8-2017, § 1)

Block: The property bound on all sides by one side of a street or a combination of street lines, railroad right-of-way, unsubdivided land, river, live stream, streambed, or any other barrier to the continuity of development.

Board, the: The Board of Zoning Appeals of the Town of Luray, Virginia.

Building: A structure having a roof, supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel.

Building, height of: The vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of 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.

Building inspector: An official designated by the Town of Luray, Virginia, to be responsible for certifying building inspections.

Building, main: A building in which the principal use of the lot is conducted.

Cellar: An area having more than one-half of its height below grade. A cellar shall not be counted as a story.

Commercial recreation: An activity conducted wholly or partially for the purpose of sport, entertainment, education, or recreation which is carried out on a commercial/fee basis.

(Amend. of 6-14-2010)

Commission, the: The Planning Commission of the Town of Luray, Virginia.

Common open space: An open tract, or parcel of land owned in undivided interest, not devoted to structures but directly related, and adjunct to a development, as herein provided.

Condominium: A building or complex in which units of property are owned by individuals and common parts of the property, such as the grounds and building structure, are owned jointly by the unit owners and subject to all provisions enumerated in the Virginia Condominium Act.

(Ord. No. 2006-07-01, § 1, 7-10-2006)

Country inn: A building of a more or less residential nature to provide a temporary abiding place for less than 14 individuals who are, for compensation, lodged with or without meals, and in which no provision is made for cooking in individual rooms or suites.

(Res. No. 2005-05-02, 5-9-2005)

Density: The number of dwelling units permitted on one acre of land as specified herein.

Development: The process of erecting or causing to be erected buildings or structures on a lot or acreage.

District, zoning: A portion of the Town of Luray within which, on a uniform basis, only certain uses of land and buildings are permitted as set forth in this ordinance and within which certain lot areas and other uniform requirements are established.

Drive-in eating establishment: Any place or premises used for sale, dispensing, or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages in motor vehicles on the premises; a refreshment stand; a "fast food" or primarily a "carry out" establishment.

Driveway: A space or area providing access specifically designated and reserved on a lot for the movement of vehicles from one lot to another or from a lot to a public street.

Duplex: A two-family residential structure, with each unit having its own exterior entrance; the residential units may be arranged one above the other, or be semidetached.

Dwelling: A building or portion thereof which is used or intended to be used exclusively for residential purposes and which contains one or more dwelling units. This does not include hotels, motels or recreational vehicles.

(Mo. of 4-10-1995)

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

Dwelling, multi-family: A building containing three or more dwelling units with the number of families in residence not exceeding the number of dwelling units provided. This use is limited to the conversion of existing structures into structures containing an additional number of dwelling units above two.

Dwelling, semi-detached: One of two buildings, arranged or designed as dwellings located on abutting walls without openings, and with each building having a separate lot with minimum dimensions required by district regulations.

Dwelling, single-family: A residential dwelling unit, designed for and occupied by one family, including a modular unit or sectional home. Manufactured homes and mobile home are excluded herefrom regardless of whether they are taxed as personal or real property.

(Ord. of 3-12-1990; Min. of 8-12-2019(1); Ord. of 8-12-2019)

Dwelling, temporary: A residence designed as a portable dwelling, but not necessarily attached to a permanent foundation. These units shall be used only as specified herein.

Dwelling, two-family: A residential building containing not more than two dwelling units within the single building, with such units arranged one above the other, or side by side, and such buildings designed for occupancy by not more than two families.

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 and containing not less than 700 square feet of residential floor area. Such units shall be constructed in accordance with the Virginia Statewide Building Code.

(Mo. of 4-10-1995)

Modular unit: A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies, and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated sub-elements incorporated into a structure at the site. This type of unit is included in the definition of dwelling unit and shall be constructed in accordance with the Virginia Statewide Building Code.

(Mo. of 4-10-1995)

Sectional home: A dwelling made of two or more modular units transported to the home site, put on a foundation, and joined to make a single dwelling. This type of unit is included in the definition of dwelling unit and shall be constructed in accordance with the Virginia Statewide Building Code.

(Mo. of 4-10-1995)

Easement: A grant by a property owner of the use of his land by another party for a specific purpose. The initial property owner in the agreement may be compensated for the use of his property.

Electronic occupations: An occupation within a residential dwelling, conducted by a member(s) of a family living in the residence, such as a professional service, direct marketing service, telecommuting or other business that can be accomplished by use of equipment customarily found in a small office. Customer and/or client visits to the site will not be integral to, and shall be discouraged by, the service. Such occupations are not allowed outside employees, or signage for the advertisement of the service provided.

(Ord. of 9-12-2011, § 1)

Engineer, registered: A licensed professional engineer, registered in the Commonwealth of Virginia by the state board for architects, professional engineers, land surveyors, certified interior designers and landscape architects as an "engineer."

Family: One or more persons occupying a premises and living in a single dwelling unit, as distinguished from an unrelated group of individuals.

Fast food establishment: See "Drive-in eating establishments."

Floodplain: Sections of land, adjacent to bodies of water, which are subject to periodic flooding and inundation as defined or approved by the Department of Housing and Urban Development, and/or the Corps of Army Engineers.

Floor area: The floor area of a building or buildings is the sum of the gross horizontal areas of the floors of all buildings on the lot, such area to be measured from the exterior faces of exterior walls.

Frontage: The minimum width of a lot measured from one side lot 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.

Funeral parlor, home, or mortuary: An establishment used for human funeral services, which must include facilities on the premises for embalming with performance of autopsies, and may or may not include facilities for other surgical procedures, or cremation.

Garage, private: An 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.

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.

Garden apartment house: A multi-family structure, not exceeding three stories in height, containing not less than three nor more than eight separate dwelling units, on a lot having yards in common and which may also have other joint facilities and services in common. Each apartment unit shall have at least 700 square feet of floor space from exterior wall to exterior wall.

Governing body: The Town Council of Luray, Virginia.

Hard surface: Concrete, "black top," and macadam, or a similar surface meeting the specifications of the Virginia Department of Transportation shall constitute a hard surface.

Health official (officer): The director of the Page County Department of Health or his designated deputy, or a representative of the Virginia Department of Health in Page County.

Home for adults: Any place, establishment, or institution, public or private, operated or maintained for the maintenance, or care of four or more adults who are aged, infirm or disabled, except (i) a facility or portion of a facility licensed by the state board of health or the department of mental health, mental retardation and substance abuse services, but including any portion of such facility not so licensed, and (ii) the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage, and (iii) a facility or portion of a facility serving infirm or disabled persons between the ages of 18 and 21, or 22 if enrolled in an educational program for children with disabilities pursuant to Code of Virginia, § 22.1-214, as amended, when such facility is licensed by the Virginia Department of Social Services as a child-caring institution under Code of Virginia, § 63.2-1700 et seq.), as amended, but including any portion of the facility not so licensed. Included in this definition are any two or more places, establishments or institutions owned or operated by a single entity and providing maintenance or care to a combined total of four or more aged, infirm or disabled adults.

(Ord. of 4-12-1993; Ord. of 12-11-1995)

Home occupation: Any professional service and/or business occupation within a dwelling and clearly incidental thereto carried on by a member, or members, of the family residing on the premises, with no advertising sign displayed other than a name plate not exceeding four square feet in area on each side of the plate, and no exterior evidence that the building is being used for any purpose other than a dwelling. Home occupations are required to obtain a Town business license, and must adhere to article V (Supplemental Regulations), section 506 (parking) and section 514 (professional offices) of the Town Code.

(Ord. of 9-12-2011, § 12)

Hospital: An institution rendering medical, surgical, obstetrical, or convalescent care, but in all cases, excluding institutions primarily for the mental or feeble-minded patients, epileptics, alcoholics or drug addicts.

(Ord. of 4-12-1993; Ord. of 12-11-1995)

Hospital, special care: A special care hospital shall mean an institution rendering care primarily for mental or feeble-minded patients, epileptics, alcoholics or drug addicts.

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 no provision is made for cooking in individual rooms or suites.

Kennel: A place to house, board, breed, handle, or otherwise keep or care for dogs for sale or in return for compensation.

Lodging house: Any structure or portion thereof other than a hotel, motel, or bed and breakfast home, that is routinely rented or otherwise made available for residential, leisure or vacation use for a period of less than 30 consecutive days in exchange for compensation.

(Ord. of 5-8-2017, § 1; Ord. of 9-9-2024, § 1)

Lot: A parcel of land adjacent to a public street, either occupied or to be occupied by a main building and its accessory buildings or by a use and its accessory uses together with such open spaces as are required under the provisions of this ordinance having at least the minimum area required by this ordinance for a parcel of land in the zone in which such parcel of land is situated, and having its principal frontage on an officially approved means of ingress and egress. Each lot shall either be shown on a plat of record or considered as a unit of property and described by metes and bounds.

Lot, corner: A lot abutting on two or more streets at their intersection.

Lot, depth: The average of the horizontal distances between front and rear lines of a lot measured perpendicular to the street line.

Lot interior: Any lot other than a corner lot.

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

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

Maintenance or care: The protection, general supervision and oversight of the physical and mental well-being of the aged, infirm or disabled individual.

(Ord. of 4-12-1993; Ord. of 12-11-1995)

Manufacture and/or manufacturing: The processing 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.

Manufactured home: A structure designed for residential use by a single family that is manufactured offsite in accordance with the National Manufactured Housing Construction and Safety Act of 1974 and Federal Manufactured Home Construction and Safety Standards.

(Ord. of 8-12-1991, § 1; Ord. of 8-12-2019)

Microbrewery: An establishment which produces and sells beer on premise in conjunction with food. A microbrewery may produce up to 15,000 barrels in any given 12-month period; such operations are required to adhere to all relevant local, state and federal regulations.

(Ord. of 5-10-2010, § 1; Ord. of 8-10-2020)

Mixed-use development: The use of a structure (existing or new) on a lot/parcel zoned for general business in which a mixture of commercial and residential uses are conducted. Buildings on such parcel in which a minimum of 25 percent of the gross floor space is dedicated for business/commercial uses where the remainder is utilized for residential purposes. Such residential use shall likewise not be less than 25 percent of the gross floor space of the structure. Residential uses must conform to all requirements set forth by the local Building Official and the Code of the Town of Luray.

(Ord. of 5-9-2016(1), § 1)

Mobile home: A transportable structure designed for residential use by a single family that was manufactured before June 15, 1976.

(Ord. of 8-12-2019)

Motel: One or more buildings containing individual sleeping rooms designed for or used temporarily by tourists or transients, with garage or parking space conveniently located to each unit. Cooking facilities may be provided for each unit.

Nonconforming activity (use): The otherwise legal use of a building, structure, or 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.

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

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 a use 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.

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

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

Parking space: An area of not less than ten feet wide by 20 feet long, for each automobile or motor vehicle. Such space shall be exclusive of necessary drives, aisles, entrances, or exits, and shall be fully accessible for the storage or parking of vehicles.

Planning commission: The Planning Commission of the Town of Luray, Virginia.

Poolroom or billiard room: An establishment open to the public containing amusements devices devoted to or used in connection with the playing of pool, billiards or snooker where a fee is charged which is directly or indirectly conditioned upon or related to the playing of any such game. Establishments which provide three or more pool, billiards or snooker tables shall be considered a poolroom or billiards room.

(Amend. of 6-14-2010)

Porches: An open unenclosed stoop or paved terrace which may project into a front or rear yard for a distance not exceeding ten feet, and into a side yard for a distance not exceeding five feet, but this shall not be interpreted to include porches which may be enclosed by removable windows or fixed canopies.

Preschool or child care facility: A building or structure, however designated, other than public school facilities operated for the purposes of providing care, guidance, education or training, or any part thereof, to any child five years old or younger during only part of the 24-hour day for more than five children not of common parentage. Such facilities shall meet all applicable regulations of the department of social services, the department of health, and the state and local building codes. Such facilities shall meet the requirements of section 506.9.

(Ord. of 7-9-1990, § 1)

Professional offices: A structure designed for use by services such as, but not limited to, doctors, dentists, engineers, lawyers, architects, accountants, or persons offering similar business, clerical, professional and or technical services. Professional offices are required to conform to article V (Supplemental regulations), sections 514 (professional offices) and 515 (site plan) of the Town Code.

(Ord. of 9-12-2011, § 19)

Public water and sewer systems: A water or sewer system owned and 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.

Restaurant: Any building in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tea rooms, confectionery shops and refreshment stands.

Retail stores and shops: Buildings for the display and sale of merchandise at retail or for the rendering of personal services, but specifically exclusive of coal, wood, oil storage and lumberyards.

Setback: The minimum distance by which a building or structure must be separated from the front lot line and street right-of-way.

(Ord. Of 8-14-2017(1), § 1(b))

Sign: Any display of any letters, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof, by any means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to, or as a part of a structure, surface or any other thing, including, but not limited to, the ground, any rock, tree, or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made. A display of less than one square foot in area is excluded from this definition.

Small winery operation: An establishment which retails and/or manufactures wine on premise. A small winery operation may include an area for sampling or tasting wines. Production of wine may not exceed 10,000 gallons in any given 12-month period; such operations are required to adhere to all relevant local, state and federal regulations.

(Ord. of 5-10-2010, § 1)

Store: Retail stores and shops.

Story: That portion of a building other than a cellar or mezzanine, a basement, in some instances, included between the surface of any floor next above it, or if there is not a floor above it, then the space between the floor and the ceiling next above it; a mezzanine shall be deemed a full story when it covers more than 33 percent of the area of the story beneath the mezzanine, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more.

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.

Street; road: A public thoroughfare, except an alley or driveway, which affords vehicular traffic circulation and principal means of access to abutting property.

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

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

Surveyor, professional: A licensed professional surveyor, registered in the Commonwealth of Virginia by the state board for architects, professional engineers, land surveyors, certified interior designers and landscape architects as a "surveyor." This term shall also include land surveyors.

Tattoo parlor: An establishment whose principal business activity is the practice of placing designs, letters, figures, or other marks upon the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of use of needles or other instruments designed to contact or puncture the skin. The proprietor of such an establishment shall be licensed by the Virginia Board of Professional and Occupational Regulations.

(Ord. of 10-13-2009, § 1)

Theatre, indoor: A building designed and/or used primarily for the commercial exhibition of motion picture to the general public or used for performance of plays, acts, dramas by actors and/or actresses.

Townhouse: A building consisting of dwelling units arranged, designed, intended for and occupied exclusively by one family; said building consisting of one of a group of not less than three nor more than eight attached dwelling units with a semi-detached dwelling unit on each end thereof being included within the aforesaid minimum and maximum numbers; each dwelling unit shall be separated by an unpierced partition and contain at least two and not more than 2½ stories, each story of each unit containing at least 500 square feet from exterior wall to exterior wall and each dwelling unit having at least one separate entrance from the outside.

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.

Triplex: Three separate dwelling units arranged side-by-side. Triplexes shall possess an aggregate minimum lot size 10,000 square feet, and individual units may be divided into separate lots/parcels as deemed appropriate.

(Mo. of 12-14-2015)

Use: The purpose or activity for which a lot is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this ordinance.

Variance: A reasonable deviation from those provisions 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 this ordinance would unreasonably restrict the utilization of the property, 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. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.

(Ord. of 8-14-2017(1), § 1(c))

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.

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

Yard, front: A yard extending across the full width of the lot and lying between the adjacent street right-of-way line and the building setback line.

Yard, rear: A yard extending across the full width of the lot and lying between the rear property line of the lot and a line drawn generally parallel to the rear lot line at such distance therefrom as may be specified herein for any district.

Yard, side: A yard between the side lot line and a line drawn generally parallel thereto at such distance therefrom as may be specified herein for any district and extending from the front yard line to the rear yard line. On a corner lot the side yard adjacent to a street shall extend the full depth of every such lot.

Zoning administrator: See Administrator.

Zoning map: The official zoning map of the Town of Luray, Virginia, and all amendments thereto.

Zoning permit: A permit issued by the zoning administrator to the applicant before the applicant may proceed with any work affected by any provision of this ordinance, or begin any uses of land and/or structures as permitted by this ordinance.

(Ord. of 12-9-2013, § 1)