Defined herein are those terms and names used which might be subject to other interpretations. Where terms are sufficiently identified within the text of the ordinance, the definition item will refer to that section number.

The words "used for" include "designed for", and vice versa; words used in the present tense include the future; words in singular number include the plural number and vice versa; the word "building" includes the word "structure", the word "dwelling" includes the word "residence"; the word "lot" includes the word "plot", and the word "shall" is mandatory and not director.

20-1.

Abattoir. A commercial slaughter house.

20-2.

Access. A means of approach or admission.

20-3.

Accessory Use or Building. A subordinate use or building customarily incidental to and located upon the same lot occupied by the main use or building.

20-4.

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

20-5.

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

20-5A.

Adult Bookstore. An establishment which has as a substantial or significant portion of its stock in trade, books, magazines, or other periodicals and which excludes juveniles in accordance with Code of Virginia, §§ 18.2-390 and 391, as amended.

20-5B.

Affordable Housing. Housing intended for sale or rent to person(s) or families earning eighty (80) percent or less of the Area Median Income as determined by the Department of Housing and Urban Development (HUD).

(Ord. No. 2020-17, 10-7-2020)

20-6.

Agent. The representative of the governing body who has been appointed to serve as the agent to the Board in administering the subdivision ordinance.

20-6A.

Agritourism. Agritourism activity means any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities or attractions. An activity is an agritourism activity whether or not the participants paid to participate in the activity. (See Code of Virginia, § 3.2-6400.)

20-7.

Agriculture. The tilling of the soil, the raising of crops, horticulture, forestry, and gardening including such agricultural industries or business as fruit packing plants, dairies, orchards, nurseries, wayside stands for agricultural products, or similar uses.

20-8.

Airport (Including Air Park, Flight Strip, and Airfield and Heliport). A place where aircraft may take off or land, discharge or receive cargoes and/or passengers, be repaired, take on fuel, or be stored.

20-9.

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

20-10.

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

20-11.

Amend or Amendment. Any repeal, modification, or addition to a regulation; any new regulation; any change in the number, shape, boundary, or area of a district, or any repeal or abolition of any map, part thereof, or addition thereto.

20-12.

Amusement Park. A commercial recreational activity of a permanent nature offering amusements and diversions and operating either seasonally or all year long.

20-13.

Apartment House. See dwelling, multi family.

20-14.

Architect. A professional who is registered with the Virginia State Department of Professional and Occupational Registration as an architect or one who is a member of the American Institute of Architects.

20-14A.

Auction Establishment. A structure or enclosure in which goods and/or livestock are displayed and sold by auction.

20-15.

Automobile Graveyard. Any lot or place that is exposed to the weather and upon which more than five inoperable motor vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative, are placed, located, or found. The movement or rearrangement of vehicles within an existing lot or facility does not render this definition inapplicable. See also "junkyard and inoperable vehicle." (Ref. Va Code § 33.2-804)

20-16.

Automobile Service Station. A building used or intended to be used for the retail sale of fuels, lubrications, air, water and other operating commodities for motor vehicles to include the space and facilities for the installation of such commodities, and in addition the space for facilities for the storage, minor repair, painting, steam cleaning, rust-proofing and refinishing.

20-17.

Basement. A story 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 if it is used for business purposes, or for dwelling purposes by other than a janitor employed on the premises.

20-17A.

Biodiesel fuel production. Production of biodiesel fuel - a renewable, biodegradable, mono-alkyl ester combustible liquid fuel from agricultural plant oils or animal fats that meets American Society for Testing and Materials (ASTM) specifications for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.

20-18.

Block. That property abutting one side of a street, and lying between the two nearest intersecting or intercepting streets or the nearest intersecting or intercepting street and railroad right-of-way, un-subdivided acreage, river or live stream or between any of the foregoing and any other barrier to the continuity of development.

20-19.

Board. The Board of Supervisors of Madison County, Virginia.

20-20.

Board of Supervisors. The Board of Supervisors of Madison County, Virginia; the governing body.

20-21.

Boarding House. A dwelling other than a hotel, where for compensation, meals or lodging and meals are provided for three or more, but not exceeding 14 persons.

20-22.

Buffering or Screening. For the purposes of this ordinance, screening or buffering shall be defined as any device or natural growth, or a combination thereof, which shall serve as a barrier to vision or noise between adjoining properties, wherever required by this ordinance. Whenever used for screening or buffering purposes, "natural growth" shall be taken to mean trees, bushes and shrubbery.

20-23.

Buildable Area. The area of a lot remaining after required yards, open spaces, parking, loading, and access areas have been provided.

20-24.

Building. Any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or property of any kind. When a building or structure is divided into separate parts by fire walls and having separate plumbing, electrical, heating, drainage and ventilation, each part so divided shall be deemed a separate structure.

20-25.

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.

20-26.

Building Coverage: Lot Coverage. All areas under roof or projections from buildings on a lot.

20-27.

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 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 adjacent elevation of the ground surface along the front of the building.

20-28.

Building Inspector. An appointed official of Madison County who is responsible for certifying building inspections.

20-29.

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.

20-30.

Building Permit. A permit which is issued by the Administrator before a building or structure is started, improved, enlarged or altered as proof that such action is in compliance with the Zoning Ordinance.

20-30A.

Cabin. A single, permanent detached dwelling, which may or may not contain cooking facilities, dedicated to transient guests.

20-31.

Campground. An area containing ten acres or more of land developed by the owner to accommodate paying guests for stays of short duration in tents, campers, or motor homes designed for single families or travel trailers owned by the guests. Campgrounds must comply with regulations for sanitation imposed by the County Health Officer; and a special use permit shall be obtained in every case. Individual space rentals shall be recorded as specified.

20-32.

Camp, Summer. An area containing not less than ten acres owned and/or operated privately for profit or by a charitable, religious or civic organization, where children or adults are lodged and fed in tents or similar rustic shelters during vacation periods and instruction in outdoor activities, crafts, sports, and similar pursuits are furnished. Included in this definition are day camps.

20-33.

Carport. Any space outside a building and contiguous thereto, wholly or partly covered by a roof and used for the shelter of motor vehicles. An unenclosed carport is a carport with no side enclosure that is more than 18 inches in height, exclusive of screens (other than the side of the building to which the carport is contiguous).

20-34.

Carnival. A traveling or transportable group or aggregation of rides, shows, games or concessions or any combination thereof.

20-35.

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

20-36.

Cemetery. A privately or church owned and/or operated place for burial of the dead where lots are sold and perpetual care of the graves is furnished.

20-37.

Certificate of Occupancy. A document which indicates to the public that a building, its construction, location and intended use, conform to all Madison County ordinances and Codes relative to its construction, location and intended use.

20-38.

Circus. A traveling or transportable show or exhibition consisting of performances by persons and animals under one tent or similar structure, with or without other side shows.

20-39.

Cluster Development. Development premised on unit density which allows unit credit based on gross acreage but permits development including lots and streets on a given percentage of the overall gross site.

20-40.

Code, The. The Code of Virginia, as the same may be amended from time to time.

20-41.

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

20-42.

Commission. The Planning Commission of Madison County, Virginia.

20-43.

Common Open Space. An open tract, or parcel of land owned in undivided interest, not devoted to residential uses or structures but directly related and adjunct to a cluster development or planned development or special housing area as herein provided.

20-44.

Condominium. Ownership of single units in a multiple unit structure or complex having common elements. Ownership includes fee simple title to a residence or place of business and undivided ownership, in common with other purchases of the common element in the structure and including the land and its appearance.

20-45.

Conservation. The objective of preserving, protecting and utilizing within criteria and standards of the natural resources of Madison County, including excessive slopes, erosive soils, 15 percent + slopes, soils, water, timber, air and recreational open space, scenic or otherwise.

20-46.

Construction Facilities, Temporary. A temporary special permit may be granted with conditions by the Board of Supervisors as being compatible with the use and nature of the adjacent properties for temporary construction facilities for a period coinciding with such construction work, provided that safe and convenient access is available, proper bonds for clean-up are provided, and adjacent properties are adequately protected.

20-46-1.

Temporary highway department inspector's office.

20-46-2.

Contractors office and equipment storage yards for contractors who have been awarded contracts by the Virginia Department of Highways. The above use shall not be construed to mean the storage or manufacture or processing of explosives or explosive components.

20-46-3.

Contractors asphalt and concrete processing plants and aggregate storage for contractors who have been awarded contracts by the Virginia Department of Highways.

20-47.

Construction Standards. Specifications and standards as may be or are adopted by or are applicable in the County of Madison relating to the construction of all physical improvements.

20-47A.

Conventional Sewage System. An individual sewage disposal system incorporating a septic tank and sub-surface soil absorption (drainfield) with or without pumping to serve a single residence.

20-48.

Country Club. An organization which provides facilities for dining, entertainment, lodging, golf, golf driving range, tennis, pro shop and/or swimming. A civic, fraternal, and patriotic club or lodge shall not be deemed a country club.

20-49.

County. Madison County, Virginia.

20-50.

County Engineer. An appointed official of Madison County who is a licensed professional engineer, or his designated deputy.

20-51.

County Resident Engineer. The Resident Engineer for Madison County, Virginia, of the Department of Highways of Virginia, or his designated deputy.

20-52.

Court. An open, unoccupied space, other than a yard with a building or group of buildings which is bounded on two or more sides by such building or buildings and every part of which is clear and unobstructed from its lowest point to the sky.

20-53.

Cul De Sac. A street with only one outlet having an appropriate turn-around area for a safe and convenient reverse of traffic movement.

20-54.

Dairy. A commercial establishment for the manufacture and sale of dairy products.

20-55.

Day Care Center. Any facility operated for the purpose of providing care, protection and guidance to a group of children separated from their parents or guardian during a part of the day.

20-56.

Developer or Subdivider. An individual, corporation, proprietor, trust, trustee, joint venture, partnership, or other entity having legal title to any tract of land or parcel of land to be developed, whether or not they have given their power of attorney to one of their group, or another individual or entity to act on their behalf in planning, negotiation or in representing or executing the requirements of the ordinances of the County of Madison.

20-57.

Director of Planning. An appointed County official who serves as the Director of Planning for Madison County, Virginia or his/her designated deputy.

20-57A.

Distribution Substation. Station that connects to the transmission system and lowers transmission voltage to medium voltage with the use of transformers.

20-57B.

Distribution Transformers. Distribution transformers reduce the voltage of the primary circuit to the voltage required by customers.

20-58.

District. Districts as referred to in Code of Virginia, § 15.1-486.

20-59.

Driveway or Accessway. That space specifically designated and reserved on the site for movement of vehicles from one site to another on site from the site to public street.

20-60.

Duplex. A two-family residential structure; the residential units may be arranged one above the other, or be semi-detached.

20-61.

Dustless Surface. A surface adequately covered in accordance with good construction practice with a minimum of either two applications of bituminous surface treatment, concrete, bituminous concrete, or equivalent paving material, approved by the County Engineer and/or Resident Engineer, and maintained in good condition at all times.

20-62.

Dwelling. Any structure used for residential purposes with complete and separate facilities for each unit except commercial establishments renting rooms to transients for a short number of days.

20-63.

Dwelling, Attached. One of two or more residential buildings having a common or party wall separating single dwelling units.

20-64.

Dwelling, Multiple-Family. A structure arranged or designed to be occupied by more than one family living independently of each other.

20-65.

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.

20-66.

Dwelling, Single Family. A residential building containing only one dwelling unit and not occupied by more than one family.

20-67.

Dwelling, Single Family, Attached. A group of two or more single family dwelling units which are joined to one another by a common party wall, a common floor or ceiling and/or connecting permanent structures such as breezeways, carports, garages or screening fences or walls, whether or not such a group is located on a single parcel of ground or on adjoining individual lots. Each unit shall have its own outside entrance(s); architectural facades or treatment of materials shall be varied from one group of units to another; and no more than three abutting units in a row shall have the same front and rear setbacks, with a minimum setback offset being one foot. For the purpose of this ordinance, dwellings such as a semi-detached, garden court dwelling, patio house and townhouse shall be deemed a single family attached dwelling. See definition for townhouse.

20-68.

Dwelling, Two-Family. A structure arranged or designed to be occupied by two families, the structure having only two dwelling units.

20-68A.

Dwelling, Two Family (limited). A single family dwelling existing on or before March 29, 1974, and arranged or designed to be occupied by two families. Said existing single family dwelling shall have only two dwelling units and may be improved with repairs, renovations, or a porch or deck that is not enclosed; but the frame and floor area of said existing single family dwelling shall not be otherwise enlarged with additional construction.

20-69.

Dwelling Unit. One or more rooms in a structure designed to provide living and sleeping accommodations for an individual or a family.

20-70.

Dwelling Unit, Modular. 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.

20-71.

Dwelling Unit, Sectional Home. A dwelling made of 2 or more modular units transported to the home site, put on a foundation (Permanent) and joined to make a single family dwelling, on a permanently improved parcel of ground.

20-72.

Dump Heap (Trash Pile). Any area of 100 square feet or more lying within 1,000 feet of a state highway, a residence, a dairy barn or food handling establishment where trash, garbage or their waste or scrap material is dumped or deposited without being covered by a sanitary fill.

20-73.

Easement. A grant by a property owner of the use of his land by another party for a specific purpose.

20-73A.

Electrical Distribution Line.The final stage in delivery of electric power to individual consumers, carrying power from substations.

20-73B.

Electrical Transmission Line. Used to transfer electrical energy from the generating source (power plants) to electrical substations.

20-74.

Engineer. An individual who is recognized by the State and who is registered with the State Department of Professional and Occupational Registration as a "professional engineer."

20-75.

Family. An individual or group of individuals living together as one household within a single dwelling unit related by blood, marriage, or other legal arrangement, and having no more than two boarders; or a group of five or less individuals living together within a single dwelling unit with the intent to function as a single social and housekeeping unit. A family would not be a group of persons living as separate housekeeping units within one structure or whose housekeeping is independent of one another but have the same place of residence due to economic arrangements with a common proprietor rather than the purpose of living together. A dormitory, hotel, lodge, apartment building, fraternity or nursing home would not be a single family dwelling.

20-75A.

Farm or Food Products. Any agricultural, horticultural, forest or other product of the soil or water, including, but not limited to, fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey, nuts, maple and sorghum products, apple cider, fruit juice, wine, ornamental or vegetable plants, nursery products, livestock feed, or baked goods.

20-76.

Farm Tenant. A worker, other than the owner, who resides on and derives his/her principal income from a farm.

20-77.

Farm Winery. An establishment licensed in accordance with Title 4-1 of the Code of Virginia, as amended (i) located on a farm in Madison County with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 18 percent alcohol by volume or (ii) located in Madison County with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the Commonwealth of Virginia, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 18 percent alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall include a cooperative formed by an association of individuals for the purpose of manufacturing wine. In the event such cooperative is licensed as a farm winery, the term "farm" as used in this definition includes all of the land owned or leased by the individual members of the cooperative as long as such land is located in the Commonwealth of Virginia.

20-77A.

Farm Market. A building, structure or place used for the sale of farm or food products or craft products to consumers where 51 percent or more of the products are grown, produced or processed by the operator or under the operator's direction. A farm market must be located at or beyond the setback line and must use an existing entrance as access.

20-78.

Fire Lane. A means of access of sufficient design to permit ingress and egress by firefighting equipment.

20-79.

Floodplain. Continuous sections of land, adjacent to bodies of water, which are subject to periodic flooding and inundation.

20-80.

Floor Area. The aggregate area of all floors included within the outer walls of a building, measured at the exterior of such walls.

20-81.

Floor Area Ratio. The ratio of total floor area to land area.

20-82.

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

20-83.

Garage, Private. Accessory building designed or used for the storage of automobiles owned and used by the occupants of the building to which it is accessory.

20-84.

Garage, Parking. All buildings used for temporary public parking.

20-85.

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.

20-86.

Garage, Service. A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor vehicles.

20-87.

General Store, Country. A single store, the ground floor area of which is 4,000 square feet or less and which offers for sale primarily, most of the following articles: bread, milk, cheese, canned and bottled foods and drinks, tobacco products, candy, papers and magazines, and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity of a country general store and no more than three gasoline pumps shall be permitted.

20-87A.

Glamping. The activity of camping with amenities and comforts (such as beds, electricity, indoor plumbing) not usually used when camping.

20-88.

Golf Course. Any golf course, publicly or privately owned, on which the game golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges as defined herein.

20-89.

Golf Driving Range. A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.

20-90.

Governing Body. The Board of Supervisors of Madison County, Virginia.

20-91.

Graveyard. A place for burial of the dead, consisting of 1 or more graves and set aside and maintained by a family.

20-91A.

Group home, child. A community based home-like single dwelling, other than the private home of the operator, licensed by the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services, for up to 12 child residents with one or more adult resident counselors or other staff persons.

20-92.

Guest Room. A room which is intended, arranged or designed to be occupied by one or more guests paying direct or indirect compensation therefor, but in which no provisions is made for cooking. Dormitories are excluded.

20-93.

Health Official. The Director of the Health Department of Madison County, Virginia.

20-94.

Highway Engineer. The Resident Engineer of Madison County, employed by the Virginia Department of Highways.

20-95.

Historical Area. A building or group of buildings with accessory buildings and structures, including monuments and the lot on which they are found, to which the provisions of State or County ordinances apply for the protection and perpetuation of an historical heritage. Historical areas shall be designated on the zoning map, when such areas are established.

20-96.

Hog Farm. A farm where hogs are bred and/or raised in quantity to be sold at market.

20-97.

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.

20-98.

Home Occupation. An occupation including or limited to person(s) who reside on the premises where there is no evidence (except for signs as otherwise herein provided) that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than a dwelling or accessory building thereto; provided, however, a home occupation with less than three employees who are regularly employed on the site may be permitted by special use permit in Conservation (C-1) and Agricultural (A-1) zones and a home occupation conducted solely on or from the premises without employees other than those who reside on the premises and without any customer traffic to the home shall be permitted by right in Conservation (C-1), Agricultural (A-1), Residential, Limited (R-1), Residential General (R-2) and Residential, Multiple Family (R-3) zones. A home occupation shall use no mechanical equipment exceeding five horsepower other than that which is normally used for domestic or household purposes. "Regularly employed on the site" means working for more than two hours per day on the premises. The aforesaid amendments shall apply to all home occupations which have heretofore been granted a special use permit. The business owner must reside on the premises.

20-99.

Home Owners' Association. A non-profit organization operating under recorded land agreements through which:

(a)

Each lot and/or homeowner in a clustered, planned development, or special housing area, 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.

20-100.

Hospital, Sanitarium, Sanatorium. Any institution receiving inpatients and rendering medical, surgical and/or obstetrical care. This shall include general hospitals and institutions in which service is limited to special fields such as cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin and cancer, mental, tuberculosis, chronic disease and obstetrics. The term "hospital" shall also include sanitariums and sanatoriums including those wherein feeble-minded and mental patients, epileptics, alcoholics, senile psychotics and drug addicts are treated or cared for under the supervision of licensed medical personnel.

20-101.

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.

20-101A.

Housing for older persons. Housing that is:

(i)

Provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined in the state or federal program;

(ii)

Intended for, and solely occupied by persons 62 years of age or older; or

(iii)

Intended for, and solely occupied by, at least one person 55 years of age or older per dwelling unit.

20-101B.

Housing, Temporary:

The temporary occupancy of a RV (recreational vehicle), meeting NFPA (National Fire Protection Association) standards, while a parcel's principal dwelling is under construction, or necessary due to an unforeseen emergency or medical hardship. Occupancy may be allowable for up to 24 months, requires adherence to Virginia Department of Health Regulation, and must adhere to Article 15-B (Temporary Housing) of the zoning ordinance.

20-102.

Inoperable Vehicle. An inoperable vehicle means: (i) any motor vehicle and/or trailer which is not in operating condition; (ii) any motor vehicle which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle; or (iii) any motor vehicle on which there are displayed neither valid license plates nor a valid inspection decal. Farm vehicles and tractors as defined by Va Code § 46.2-100 and other farm machinery are exempt from this definition. (Ref. Va Code § 15.2-904)

20-102A.

Junk. Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, or waste; junked, dismantled, or wrecked automobiles or parts thereof; and old or scrap iron, steel, or other ferrous or nonferrous material.

20-103.

Junkyard. The use of any area of land of more than 100 square feet in any location for the buying or selling, storage, keeping or abandonment of junk including scrap metals or other scrap materials. The term "junkyard" shall include the terms "automobile graveyard, garbage dumps, and sanitary landfills." (Ref. Va Code § 33.2-804)

20-104.

Kennel. A place designed or prepared to house, brood, breed, handle, or otherwise keep or care for dogs or cats for sale or in return for compensation. Home litters kept less than six months are not included.

20-105.

Landscape Architect. A professional who is registered in one or more states as a landscape architect or a professional who is a member of the American Society of Landscape Architects.

20-106.

Light Industry. Includes warehousing and light manufacturing uses which produce some noise, traffic congestion or danger, but which are of such limited scale or character that they present no serious hazard to neighboring properties from fire, smoke, noise or odors. Examples are lumber yards, warehouses, research laboratories, food preparation, auto repair shops, bakeries, bottling plants, electronic plants, storage of farm implements, contractors' storage yards, tobacco warehouses, steel or metal fabrication.

20-107.

Livestock. Domestic animals normally raised on a farm such as draft horses, cows, swine, goats, sheep, poultry, etc. This definition specifically excludes light horses or ponies used primarily for pleasure riding and dogs or cats.

20-108.

Livestock Market. A commercial establishment wherein livestock, including horses and ponies, is collected for sale and auctioned off.

20-109.

Loading Space. An off-street space available for the loading or unloading of goods, not less than 15 feet wide, 25 feet long and 14 feet high, and having direct useable access to a street or alley, except that where one such loading space has been provided, and additional loading space lying alongside, contiguous to and not separated from such first loading space need not be wider than 12 feet.

20-110.

Lot. A parcel of land 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 the County zoning ordinance, and having frontage upon a street. A lot is either shown on a plat of record for sale or transfer, or considered as a unit of property described by metes and bounds for building development.

20-111.

Lot Area. The total horizontal area included within the rear, side and front lot lines or proposed street lines of the lot, excluding any streets or highways, whether dedicated or not dedicated to public use, but including off-street automobile parking areas and other accessory uses. Lot area shall not include portions under water.

20-112.

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.

20-113.

Lot, Depth of. The average horizontal distance between the front and rear lot lines.

20-114.

Lot, Double Frontage. A lot having frontage on two streets.

20-115.

Lot, Interior. Any lot other than a corner lot with only one street frontage.

20-116.

Lot, Width of. The average horizontal distance between side lot lines.

20-117.

Lot of Record. A lot which has been recorded in the Clerk's Office of the Circuit Court of Madison County, Virginia.

20-118.

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.

20-119.

Manufactured Home. A factory built structure transportable in one or more sections, which is built on a permanent chassis and which may be occupied as a single family dwelling after it has been placed upon a permanent foundation with screening of the undercarriage and connected to required utilities. A single wide manufactured home cannot be used as a storage building.

20-120.

Modular Home. See Dwelling Unit, Modular Unit, and Sectional Home. (Also, Industrialized Building Unit - Title 36. chapter 4, Code of Virginia, as amended.)

20-120A.

Mixed Use Building(s). An existing building, or group of buildings, located on the same parcel which are utilized for a variety of uses ranging from general retail, restaurants or similar uses, events or venue facilities, light manufacturing, short or long term lodging and professional offices.

20-120B.

Mini-storage units. A structure or group of structures containing separate storage spaces leased or rented as individual leases for the purposes of storing property and household goods. Mini-storage units are also commonly known as self-storage units or moving or storage facilities.

20-121.

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

20-121A.

Motor Vehicle. Any vehicle as defined by Virginia Code § 46.2-100, as amended, that is self-propelled or designed for self-propulsion. Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space shall be considered a part of a motor vehicle. Any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, motorized skateboard or scooter, moped, or personal delivery device shall be deemed not to be a motor vehicle. (Ref. Va Code § 46.2-100)

20-122.

Mulch Production Facility. The processing of wood wastes consisting of stumps, tree limbs, branches, bark, leaves and other clean and untreated wood wastes by grinding, shredding or chipping to produce mulch for distribution to the general public for landscaping and other horticultural uses. At least 75 percent of the mulch produced in a one-year time period must be removed from the site within the one-year time period; the machine (grinder) used shall not exceed 325 horsepower and shall operate intermittently as approved by the Madison County Board of Supervisors; and the facility must be exempt from permit requirements under the Virginia Solid Waste Management Regulations, Department of Environmental Quality.

20-122A.

Music or Entertainment Festival.For the purpose of this ordinance, the term "musical or entertainment festivals" shall mean any gathering of individuals, open to the public, with or without admission charge, for the purpose of listening to or, participating in entertainment which consist primarily of musical renditions conducted in open spaces not within an enclosed structure.

20-123.

Non-profit Organization. An incorporated organization or group whose character prohibits profit-making endeavors and which has tax exemption privileges.

20-124.

Nonconforming Activity. 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 of the ordinance.

20-125.

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.

20-126.

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.

20-126A.

Non-Conventional Sewage System. Any sewage disposal system other than a traditional septic tank and traditional sub-surface soil absorption (drainfield). This system may serve a commercial establishment, or may be used if enhanced flow distribution, low-pressure distribution or pre-treatment is necessary. This system shall not include an experimental or provisional system, and this system may be approved for intermittent use if both the manufacturer and a licensed engineer, in consultation with an Authorized On-Site Soil Evaluator (AOSE), verify that the system is designed for intermittent use and does not become biologically inactive with intermittent or seasonal use. The system shall also be required to be designed and inspected by an AOSE licensed engineer prior to being approved for intermittent use. All other regulations regarding maintenance and monitoring will apply.

20-127.

Nursing Home. Includes rest homes, convalescent homes and homes for the aged, and shall mean a place devoted primarily to the maintenance and operation of facilities for the treatment and care of any person suffering from illnesses, diseases, deformities or injuries, not requiring extensive and/or intensive care that is normally provided in a general hospital or other specialized hospital.

20-128.

Off-Street Parking Area or Parking Bays. Space provided for vehicular parking outside the dedicated street right-of-way.

20-129.

Off-Site. Any area which does not fall within the boundary of property to be developed or planned, but generally lies in proximity to it.

20-130.

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

20-131.

Office Trailer. A structure or vehicle mounted on wheels designed for use on roads, propelled or drawn by its own or other motor power and designed and constructed to provide for a temporary or permanent office for the conduct of a business, profession, trade or occupation or for use as a selling or advertising device.

20-132.

On-Site. A term describing location within the boundary of any parcel of land to be planned or developed, which may be subject to an application for approval by the Board of Supervisors, Planning Commission and which is in single ownership or under unified control.

20-133.

Open Space. Water or land left in undisturbed open condition or developed as a landscaped area unoccupied by habitable buildings, streets, or parking lots.

20-134.

Overhang. Any projection, either roof, bay window or similar cantilevered construction, which extends beyond the foundation of a structure. A story bay window may project not more than three feet beyond the setback line of the building.

20-135.

Parking Space. A space of sufficient size and shape to park one standard size automobile and containing not less than 400 square feet of area, including moving and turning and 200 square feet per car space (10 x 20).

20-136.

Parcel. Any tract of land or water not subdivided.

20-137.

Patio House; Court Garden House. A single family attached dwelling, usually L-shaped, based on lot-line building of a house with the common walls of the adjacent dwellings forming a patio or garden court.

20-138.

Pen. An enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals or poultry; a coop.

20-139.

Performance Bond. A bond of surety, and/or cash deposit approved by the Governing Body equal to the full cost of improvements required by these regulations and providing for completion of said improvements within a definite term.

20-140.

Planned Unit Development. A cohesive development of mixed uses based on unit density in which conventional lot restrictions are changed to provide a percentage of open space.

20-141.

Planner; Land Planner. A professional qualified to prepare development plans, site plans, and/or subdivision plats who is either registered as such or who meets the standards of the American Institute of Certified Planners.

20-142.

Planning Commission. The Planning Commission of Madison County, Virginia.

20-143.

Plat. A diagram or map, drawn to scale showing tracts, parcels, lots, subdivisions, land boundaries, legally recordable in the clerk's office, together with all data essential to the description and identification of the several elements shown thereon, and including one or more certificates indicating due approval. A plat differs from a plan in that it does not necessarily show additional cultural, drainage and relief features.

20-144.

Poultry. Domestic fowl normally raised on a farm such as chickens, ducks, geese, turkeys, peafowl, guinea fowl, etc.

20-145.

Porch. An open, unenclosed stoop or paved terrace which may project into a front yard for a distance not exceeding ten feet. This shall not be interpreted to include porches which may be enclosed by removable windows; or fixed canopies.

20-146.

Private School. Shall include private schools, colleges or universities, private instructional/training institutions.

20-146A.

Primitive Campgrounds. Primitive Campgrounds are defined as camps which are characterized by the absence of what is generally understood as modern conveniences such as water - flush toilets, showers and electrical connections. A campground shall be classified as a primitive camp when half or more of the required number of toilet seats, as determined by the Madison County Health Department, are "non-flush type."

20-147.

Private Utility System. A utility system whose owner has the choice to accept a client's application for hookup or may refuse such request.

20-148.

Professional office (limited). The office, studio or occupational room of one doctor, architect, artist, musician, lawyer, realtor, insurance agent, surveyor, appraiser, clergy, licensed therapist, or other licensed professional person with less than three employees who are regularly employed on the site where there is no evidence (except for signs as otherwise herein provided) that will indicate from the exterior that the building is being used in whole or in part for any purpose other than a dwelling or accessory building thereto.

20-149.

Property. Any tract, lot or parcel or several of the same collected together for the purpose of subdividing, preparing a site development plan and/or developing.

20-150.

Public Access Easement. A legal easement, or series of easements, which grant and guarantee the right of access for emergency and public service vehicles to any given area or right-of-way.

20-151.

Public Building. Any building owned or leased by a governmental or civic organization for public use such as a town hall, courthouse, armory, office building, post office, auditorium, museum, art gallery, school, college, university, hospital, clinic, library, police, fire or rescue station.

20-152.

Public Facilities. Shall be considered for the purpose of this ordinance to be any public works supplied generally by a governmental organization. Such public works shall include, but not be limited to, public roads, schools, water supply and sewer facilities and police and fire protection facilities.

20-153.

Public Sewer System. A central system owned and/or operated by the Town of Madison, Madison County, Rapidan Service Authority, or an individual, partnership or corporation approved by the Board of Supervisors and by the State Health Department for the collection, removal, treatment and disposal of sewage.

20-154.

Public Water System. A central system owned and/or operated by the Town of Madison, Madison County, Rapidan Service Authority, or an individual, partnership or corporation approved by the Board of Supervisors and by the State Health Department for the supply of potable water.

20-155.

Quarrying. The industry of extracting stone from an open excavation. Quarrying shall be deemed to include both the extraction and processing of crushed stone in blocks for building, monumental and related uses, but shall not be deemed to include sand and gravel operations nor extracting industries of a temporary nature.

20-156.

Record, Recorded, Recording. Admission to record in the Office of the Clerk of a Court of competent jurisdiction.

20-157.

Recreation Area, Commercial. Any establishment operated as a commercial enterprise in which seasonal facilities directly related to outdoor recreation are provided for all or any of the following: camping, lodging, picnicking, boating, skiing, sledding, fishing, swimming, outdoor games and sports, and activities incidental and related to the foregoing. A commercial recreation area does not include miniature golf grounds, golf driving ranges, mechanical amusement devices or accessory uses such as refreshment stands, equipment sales or rentals.

20-158.

Required Open Space. Any space required in any front, side or rear yard.

20-158A.

Resort Store. A place of business owned and operated by the rural resort owner/ownership entity where merchandise such as gifts, apparel, produce, crafts, general convenience items, farm produced products, and outdoor recreational equipment is sold.

20-159.

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

20-160.

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, lumber yards and adult book stores), such as the following, which will serve as illustration only and are not to be considered exclusive: drug store, 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, barber shop, and beauty shop.

20-160A.

Short-term Lodging Unit. A structure or structures on parcels large enough (e.g., six or more acres in an A-1 Zoning District) to support an additional standalone structure or structures, the owner of which: (1) offers the Unit(s) for rent to third parties for periods not exceeding 30 days; (2) registers with and regularly remits Transient Occupancy Taxes to the Commissioner of Revenue; and (3) adheres to all private covenants and deed restrictions. One such Short-Term Lodging Unit shall be a "By Right Use" in C-1, A-1, R-1, and R-2 Zoning Districts. More than one Short-Term Lodging Unit shall be a "Special Permit Use" in C-1 and A-1 Zoning Districts but shall not be permitted in R-1 and R-2 Zoning Districts, single family home or a portion thereof, and an additional stand-alone.

20-161.

Road. See Street.

20-162.

Rooming House. A dwelling in which, for compensation, lodging is furnished to three or more but not exceeding nine guests; a boarding house differs because it not only provides rooms but also board.

20-162A.

Rural Resort. A destination designed to provide recreation, entertainment, and accommodations to transient guests.

20-163.

Sanitary Landfill. A method of disposing of refuse on land without creating nuisances or hazards to public health or safety, by utilizing the principles of engineering to confine the refuse to the smallest practical volume and to cover it with a layer of earth at the conclusion of each day's operation, or at such more frequent intervals as may be necessary (definition from ASCE - Manuals of Engineering Practices No. 39, New York, ASCE, 1959; p. 61).

20-163A.

Sawmill, Farm. A sawmill located on real property zoned Conservation, C-1, or Agricultural, A-1, that is sited a minimum of 200 feet from the property line.

20-164.

Sawmill, Portable. A portable sawmill located on private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto, or incidental processing of timber transported from other property.

20-165.

Sawmill, Permanent. A sawmill permanently located for the purpose of processing timber from the property on which located, from adjoining property or from other properties removed from the sawmill or its environs without regard to point of origination. Such a mill temporarily ceases the processing of timber according to the current price level. (Includes planning mills.)

20-166.

Schools of Special Instruction. A school offering instruction in musical dramatic, artistic and cultural and personal development subjects.

20-166A.

Secondary Distribution Line. Lowest voltage distributed directly to consumers.

20-167.

Semi-Public Buildings. Any building designed for the use of the general public or any segment of the general public which is owned and/or operated by a non-profit association.

20-167A.

Senior Housing. Housing intended for sale or rent to person(s) in which one (1) owner or tenant is at minimum fifty-five (55) years of age or older.

(Ord. No. 2020-18, 10-7-2020)

20-168.

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

20-169.

Sign Structure. 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, and 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 1.5 square feet in area is excluded from this definition.

20-170.

Sign, Area of. The area of a sign shall be determined from its outside measurements, including any wall work incidental to its decoration, but excluding supports, unless such supports are used to attract attention. In the case of a sign where lettering appears back-to-back, that is, on opposite sides of the sign, the area shall be considered to be that of only one face. In the case of an open sign made up of individual letters, figures, or designs, the area shall be determined as if such display were made on a sign with straight lines or circular sides.

20-171.

Site Development Plan. Detailed drawings indicating all building construction and land improvements, including landscape treatments and related information required by this ordinance.

20-171A.

Small Engine Repair Shop. A shop to repair, remodel or reassemble engines or torque converters with no more than 20 horsepower.

20-172.

Special Housing Area. Property or parcels having a specified size or acreage limit, within which planned cluster developments and condominium housing projects are permitted under the terms of this ordinance. Uses permitted include single family attached or detached units, multiple family units and recreational uses of all types, including campgrounds. Property owners association and/or horizontal property regimes are required pursuant to Code of Virginia, § 55-79, as amended. (Condominium housing, chapter 683, Acts of Assembly, 1966.)

20-173.

Special Use Permit. A special use permit is a document which authorizes a use in a zone which is not permitted by the ordinance as a matter of right for that zone, but which the ordinance does allow with such a permit.

20-174.

Specifications. A detailed, precise presentation of the materials and procedures to be employed in the construction of all physical improvements required by the ordinance applicable in Madison County, Virginia.

20-174A.

Step-down Transmission Substation. These substations are located at switching points in an electrical grid. They connect different parts of a grids and are a source for sub-transmission lines.

20-174B.

Step-up Transmission Substation. Receives electric power from a nearby generating facility and uses a large power transformer to increase the voltage for transmission to distant locations.

20-175.

Store. See Retail Stores and Shops.

20-176.

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 it. If there be no floor above it, the space between the floor and the ceiling next above it.

20-177.

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.

20-178.

Street. A strip of land subject to vehicular and pedestrian traffic providing means of access to property; also designated as road, lane, drive, avenue, right-of-way, highway, boulevard, trail, court, place, terrace, etc., designed in accordance with traffic carrying capacities, specified by the standards of Madison County, Virginia or the Virginia Department of Highways whichever is applicable.

20-179.

Street, Arterial. A highway which is a component of the principal roadway network for through traffic movement and as such is defined in the Virginia State Highway Commission Standards as an arterial highway, and is utilized as a supplement to and an extension of, the interstate highway system. An arterial highway is designed to collect and distribute through traffic to and from the collector road system. A minimum right-of-way of 120 feet is required and carrying capacity in excess of 8,000 vehicles per lane per day.

20-180.

Street, Centerline. A line established as a center line of a street by any State, County, or other official agency or governing body having jurisdiction thereof and shown as such on an officially adopted or legally recorded map, or if there is no official center line of a street, the center line shall be a line lying midway between the street or right-of-way lines thereof. Where street lines are indeterminate and a pavement or a traveled way exists, the center line shall be established by the Commission, or in the absence of a determination by the Commission, shall be assumed to be a line midway between the edges of such pavement or traveled way.

20-181.

Street, Collector, Local. Designed to serve as the major arteries within developed areas and to efficiently connect adjacent neighborhoods, and adjoining subdivisions with neighborhoods. Local collector streets should be located and designed to collect and distribute residential traffic to elementary schools, churches, small commercial centers, and similar facilities. Such roads should be designed for right-of-way widths of 60 to 80 feet.

20-182.

Street, Collector, Major. Designed to serve as the major links between the urban area, the communities and villages where there are no arterials or state primaries. Major collectors should be designed similar to primary roads on right-of-way widths of 90 to 100 feet.

20-183.

Street, Interstate. Designed to accommodate large volumes of long distance through traffic safely and efficiently at high operating speeds and preferably located to reduce excessive volumes of through traffic from nearby arterial highways. Interstates should be designed on right-of-way of 300 feet in widths to make possible future construction economical, and to provide the spatial separation between traffic lanes and adjoining development. (No interstate highway exists in or is planned for Madison County.)

20-184.

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

20-185.

Street, Local. Designed primarily to provide direct access to residential, commercial, industrial or other abutting property on rights-of-way of 50 feet minimum.

20-186.

Street, Primary. A street designed to provide intra-County traffic movements and access to Statewide points not served by the arterial system. As such a primary highway or street is anticipated to carry a traffic volume of 3,000 vehicles per day or more and is designed and maintained as part of the Virginia Primary System by V.D.H. State primaries should have right-of-way widths of 90 to 100 feet.

20-187.

Street, Private. A local or collector street, travelway or road which affords principal means of access to abutting property and encompassed by a right-of-way dedicated to public use such that the street shall have guaranteed public vehicle access. A private street, etc., shall be constructed to County or state standards or the equivalent thereto and shall be maintained by a private corporation or adjacent landowners within the platted subdivision in accordance with the standards and bonding requirements of the County Subdivision Ordinance.

20-188.

Street, Rural Subdivision. A street having minimum right-of-way of 50 feet located in rural areas or a subdivision divided into parcels of one acre or more, excepting streets carrying or anticipated to carry heavy volumes of traffic or otherwise defined herein.

20-189.

Street, Service Drive. A public right-of-way generally parallel with and contiguous to a major highway. Service drives are designed primarily to promote safety by eliminating dangerous ingress and egress turning movements from the major highway.

20-190.

Street, Travel Lane. Space specifically designated and reserved on the site for the movement of vehicular traffic.

20-191.

Street Width. The total width of the strip of land dedicated or reserved for public travel including the roadbed, curb and gutter, sidewalks, planting or landscaping strips, and where necessary, utility easements.

20-192.

Structure. Anything constructed or erected, the use of which requires 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.

20-193.

Structural Alteration. Any change in the supporting members of signs, a building, such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof.

20-193A.

Sub-transmission Line. Carry voltages reduced from the major transmission line system.

20-194.

Surveyor, Land. An individual who is licensed by the Commonwealth of Virginia and registered with the State Department of Professional and Occupational Registration as a certified land surveyor.

20-195.

Theater, Indoor. A building designed and/or used primarily for the commercial exhibition of motion pictures to the general public or used for performance of plays, acts, dramas by actors and/or actresses.

20-196.

Theater, Outdoor. An area not to exceed five acres containing a screen, projection booth, refreshment stand, parking spaces and sound transmission devices to individual parking spaces only, for the purpose of commercial exhibition of motion pictures.

20-197.

Tourist Home. A dwelling where only lodging is provided for compensation for up to 14 persons (See also Hotels and Boarding Houses) and open to transients.

20-198.

Townhouse. One of a series of from three to ten attached dwelling units, under single or multiple ownership, separated from one another by parallel continuous firewalls without openings from basement floor to roof, and having diversified architectural facades, or treatment of materials on both front and rear of the building group, with not more than four of any ten abutting townhouses having the same architectural facades and treatment of materials, and with not more than three abutting townhouses having the same front and rear setbacks. Minimum setback offset shall be not less than one foot.

20-198A.

Transient guest. Transient guests are those individuals who pay for lodging not to exceed 60 consecutive days.

20-199.

Travel Trailer. A mobile unit which is designed for temporary human habitation and for transport by attachment to a motor vehicle. A travel trailer may not be used as a storage building, nor occupied as a dwelling.

20-200.

Travel Trailer or Camper Camps. See Campgrounds.

20-201.

U.S.G.S. The United State Geological Survey.

20-201A.

Underground Distribution Substation. These are also located near to the end-users. Distribution substation transformers change the sub-transmission voltage to lower levels for use by end-users.

20-202.

Use. The principal purpose for which a lot or the main building thereon is designed, arranged or intended and for which it is or may be used, occupied, or maintained.

20-203.

Use, Accessory. A subordinate use, customarily incidental to and located upon the same lot occupied by the main use.

20-204.

Variance. A variance is a relaxation of the terms of the zoning ordinance where such will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area and size of structure or size of yards and open space; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or adjoining zoning districts.

20-205.

VDH&T. The Virginia Department of Highways and Transportation.

20-206.

Wayside Stand. Any structure located along a road and used temporarily for the sale of agricultural or horticultural produce, or merchandise produced for sale by the owner, or on the owner's property.

20-207.

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

20-208.

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.

20-209.

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 width of the lot.

20-210.

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.

20-211.

Zone. See District.

(Ord. of 11-8-1994, § 2; Ord. of 3-18-1998, § 6; Ord. of 3-3-1999, § 1; Ord. No. 2010-2, 3-3-2010; Ord. No. 2011-4, § 4, 4-12-2011; Ord. of 7-10-2012, § 1; Ord. No. 2013-4, § 1, 6-5-2013; Ord. No. 2017-3, §§ 3, 4, 11-1-2017; Ord. No. 2019-7, 5-1-2019; Ord. No. 2020-4, 3-4-2020; Ord. No. 2022-OA-01-22-4, 1-5-2022; Ord. No. 2022-OA-09-22-21, 9-7-2022; Ord. No. 2022-OA-10-22-26, § 1, 10-5-2022;Ord. No. 2024-ZOA-07-03-03, 8-7-2024)