The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Where terms are not defined, they shall have their ordinarily accepted meaning, or such as the context may imply.

Generally, the words "used for" include "designed for," and vice versa; the word "building" includes the word "structure"; the word "dwelling" includes the word "residence"; and the word "lot" includes the word "plot." Any words pertaining to gender shall be interchangeable. The word "he" shall mean "she," and "she" shall mean "he." The word "shall" is mandatory; the word "may" or should" is permissive.

Access means a public or private right-of-way providing the ability to enter, approach or pass to and from one area to another area.

Accessory building. See Building, accessory.

Accessory dwelling unit. See Dwelling, accessory.

Accessory structure. See Structure, accessory.

Accessory use (activity) means 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 means a parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat.

Act of nature means a natural event, not preventable by any human agency, such as flood, storms, or lightning. Forces of nature that no one has control over and therefore cannot be held accountable.

Addition means any construction that increases the gross floor area of a building or structure, or results in an expanded footprint of a building or structure on the ground.

Administrator means the official charged with the administration and enforcement of this chapter; also, referred to as the zoning administrator. The administrator shall be appointed by the town council.

Affordable housing means housing that is affordable to families with incomes at or below 80 percent of the area median income, provided that the occupant pays no more than 30 percent of his or her gross income for gross housing costs, including utilities.

Agent means one who represents another, called the principal, in dealings with third persons. The agent undertakes some business by authority of the principal. The principal is the property owner.

Aggrieved person means a person or group of people with an immediate, pecuniary and substantial interest in an action taken by the administrator or board of zoning appeals under this chapter, as opposed to a remote or indirect interest. A person is also aggrieved if the person suffers a denial of some personal or property right or imposition of a burden or obligation different from that suffered by the public in general.

Agricultural, intensive means the commercial keeping of animals and storage of agricultural products with accessory uses including storage bins and litter/manure storage. The operations of the use may generate dust, noise, odors, pollutants, or visual impacts that could adversely affect adjacent properties.

Agricultural operation means any operation devoted to the bona fide production of crops, or animals, or fowl including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silvicultural activity. This use does not include Agricultural, intensive.

Alley means a public right-of-way which affords pedestrian access and a secondary means of vehicular access to the side or rear of property. An alley may be used for public utility purposes.

All-weather surface means any material capable of supporting the weight of a large motor vehicle during any weather condition. Examples could include products such as Grasscrete and Geoblock; or, materials such as gravel, textured pavement, concrete, or other materials as approved by the zoning administrator.

Alteration means any change in the total floor area, structural or supporting members, use, adaptability, or external appearance of an existing structure.

Amateur radio tower means a structure on which an antenna is installed for the purpose of transmitting and receiving amateur radio signals erected and operated by an amateur radio operator licensed by the FCC.

Amendment means a change in this chapter and/or the zoning map granted by the council after public hearing, and prior review and comment by the planning commission.

Antenna means any exterior apparatus designed for commercial telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves.

Applicant means property owner or their authorized representative who has petitioned the town for approval of a zoning change, zoning permit, building permit, variance, special use permit, site development plan, sign permit, certificate of appropriateness, or any other authorization for the use or development of their property under the requirements of this chapter.

Application means an applicant's petition for approval of a zoning change, zoning permit, building permit, variance, special use permit, site development plan, sign permit, certificate of appropriateness, or any other authorization for the use or development of their property under the requirements of this Ordinance.

Architect, registered, means a licensed professional architect, registered in the state by the state board of architects, professional engineers, land surveyors and landscape architects as an architect.

Assembly, place of means the use of land for a meeting place where persons gather together for purposes of attending civic, social, or religious functions, recreational events or entertainment performances on a regular or recurring basis including but not limited to, religious institutions, banquet facilities, funeral homes, theaters, conference centers, community, recreation centers, year-round swimming facilities, and similar places, but excludes a dance hall as defined by this chapter. A gathering of less than 25 persons shall not be considered a place of assembly provided the gathering is accessory and incidental to the principal use.

Automobile graveyard means any lot or place which is exposed to the weather upon which five or more motor vehicles of any kind, incapable of being operated and which it would not be economically practicable to make operative, are placed, located or found.

Automobile rental/leasing means rental of automobiles, light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas.

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

Automobile/truck sales means 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 within an enclosed building.

Aviation facility, also referred to as an airport, means landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.

Awning means a shelter constructed of rigid or non-rigid materials on a supporting framework, either freestanding, or projecting from and supported by an exterior wall of a building.

Banner means a sign applied to cloth, paper, flexible plastic, or fabric of any kind and generally intended to be displayed on a temporary basis. Banner signs are not permitted under this chapter.

Basement means a story completely underground, or partly underground and having 50 percent or more of its height below grade. The exposed wall area shall be counted for the purpose of height regulations and/or if it is subdivided and used for business purposes or for dwelling purposes.

Bed and breakfast establishments means a dwelling unit occupied by the owner that provides up to five bedrooms for rent for transient occupancy in increments of 14 days or less.

Berm means a landscaped earthen mound, incorporated as part of a site design, and intended to enhance the compatibility of abutting or nearby properties through the mitigation of sound, the screening of views, and/or the visual enhancement of a property's landscaped character.

Best management practices (BMP) means schedules of activities, or practices, including both structural and non-structural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land disturbing activities.

Bikeway means a bicycle pathway: either a bike lane, a bike trail, or bike route.

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

Board of zoning appeals means the board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this chapter and to authorize, upon appeal, variances from the terms of this chapter when justified by special conditions. Also referred to as the board.

Boat means a transportation structure vehicle used or capable of being used as a means of transportation on water.

Brewery or distillery means the use of land, licensed by the commonwealth, where beer or spirits are manufactured for sale. Breweries have a capacity greater than 1,000 barrels a year and distilleries have a capacity greater than 5,000 gallons a year. Consumption on the premises is permitted as an accessory use.

Broadcasting or communication tower means any unstaffed facility for the transmission and/or reception of radio, television, radar, cellular telephone, personal paging device, specialized mobile radio (SMR), and similar services. A broadcasting or communication tower usually consists of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission or reception devices or antenna. Excluded are amateur radio antennas, which are described separately. Also excluded are wireless communication antennas which fit the definition of utility services, minor.

Buffering/screening means any decorative or ornamental device or natural growth or a combination thereof which shall serve as a barrier to vision or noise between adjoining properties or a property and street, wherever required by this chapter.

Buffer yard means a yard with screening and landscaping materials required between abutting zoning districts of differing intensities or between adjoining land uses for the purpose of decreasing the adverse impact of differing uses and districts.

Bulk fuel storage and distribution means the storage of chemicals, petroleum products and other materials in above-ground containers for subsequent resale to distributors or retail dealers or outlets.

Building means a structure having a roof, supported by columns or by walls, and intended for the shelter, housing or enclosure of any person, animal or property of any kind. The term "building" includes the term "structure." The term "building" also includes, but is not limited to, gazebos, carports and sheds which are modular in nature and are delivered to the site and which may or may not have a foundation.

Building, accessory means 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. For the purposes of this chapter, dish-type satellite or other ground-mounted television, radio or other communications receiving or sending antennas or devices are defined as accessory buildings and subordinate to the principal use of a lot and are subject to zoning permit requirements, supplementary regulations, and a requirement for location behind the main or principal building in all districts where permitted. The term "accessory building" also includes, but is not limited to, gazebos, carports and sheds which are modular in nature and are delivered to the site and which may or may not have a foundation.

Building face means any one of the four principal exposures, front, sides or back, of a building. For purposes of sign regulations, the face of a building is that portion exposed to a street, alley or lot and is measured at ground level on a linear basis from exposed corner to exposed corner.

Building height. See Height, building.

Building inspector means the official responsible for enforcement of the state building code.

Building line or setback line means a line that establishes the area within which the principal building or structure must be erected or placed and which may be located by means of a plat of subdivision or site plan at a distance greater than, but in no case less than, the minimum setbacks or yard spaces required by the zoning ordinance.

Building, main means a building in which the principal use of the lot is conducted. In a residential district any dwelling shall be deemed to be a main building on the lot on which it is situated.

Building, modular means 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 in accordance with Virginia Code § 36-71.1, as amended, currently in use or as may be amended. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees and other prefabricated subelements incorporated into a structure at the site. This type of unit is included in the definition of the term "detached dwelling" for the purposes of this chapter. Such a structure, when assembled, will comprise a finished building.

Building, service, means a permanent building housing toilet, lavatory, recreation, or other such facilities, as may be permitted or required by this chapter.

Business. See Commercial.

Business or trade school means a use providing education or training in business, commerce, language, or other similar activity or occupational pursuit and not otherwise defined as an educational facility, either primary and secondary, or college and university, or as a home occupation.

Business support services means establishment or place of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, as well as temporary labor services.

Caliper means the diameter of a tree (usually nursery stock) measured at a point six inches above the ground or top of root ball for up to and including four inch caliper trees, and at a point 12 inches above the ground or top of root ball for larger sizes.

Camp and campground, mean an area, whether publicly or privately owned, upon which are located sites for three or more travel trailers, camping trailers, pickup truck campers, motor homes, or tents, for seasonal or temporary recreational occupancy. The term "camps" includes the land and buildings used by recreational vehicle parks and civic, religious and social organizations for social, recreational, educational, and/or religious activities on a seasonal basis.

Carport means any space outside a building and contiguous thereto, wholly or partly covered by a roof and used for the shelter of parked motor vehicles.

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

Catering facility means an establishment in which food and meals are prepared on premises, and where such food and meals are delivered to another location for public or private entertainment for a fee.

Cellar. See Basement.

Cemetery means any land or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.

Certificate of occupancy means a written statement, based on an inspection and signed by the building inspector, after certification from the zoning administrator that all zoning-related conditions have been met, setting forth that a building, structure, sign, and/or land complies with this chapter and/or that a building, structure, sign and/or land may be lawfully used for specific purposes, as specified in this chapter.

Circuit court means the Circuit Court of Shenandoah County.

Civic uses mean public recreation facility, public schools, municipal buildings including police, fire and rescue facilities, and all other publicly owned structures.

Club means a use providing educational, meeting, or social facilities for civic or social clubs, fraternal/sororal organization, and similar organizations and associations, primarily for use by members and guests. Recreational facilities, unless otherwise specifically cited in this section, may be provided for members and guests as an accessory use. This use does not include a building in which members reside.

Cluster development means a development design technique that concentrates buildings on a part of a site to allow the remaining land to be used for recreation, common open space, and the preservation of environmentally sensitive features.

Commercial means any retail or service business activity established to carry on trade for a profit.

Commercial indoor amusement means establishments which provide multiple coin operated amusement or entertainment devices or machines as other than an incidental use of the premises. Such devices would include pinball machines, video games, and other games of skill or scoring, and would include pool and/or billiard tables, whether or not they are coin operated. Typical uses include game rooms, billiard and pool halls, and video arcades.

Commercial indoor entertainment means predominantly spectator uses conducted within an enclosed building. Typical uses include, but are not limited to, motion picture theaters and concert or music halls.

Commercial sports and recreation means indoor/outdoor athletic and recreation facilities for primarily participant uses. Typical uses include bowling alleys, ice- and roller-skating rinks, indoor racquetball, swimming, and/or tennis facilities.

Commercial vehicle means:

(1)

Any vehicle with a gross weight of 10,000 pounds or more.

(2)

Any vehicle designed to carry in excess of 16 passengers, including the driver.

(3)

Any vehicle designed primarily to tow, transport or carry motor vehicles.

(4)

Any vehicle operated or used for rent or for hire for the transportation of passengers or as a property carrier for compensation, other than taxicabs.

(5)

Any vehicle or trailer designed to sell food or merchandise directly from the vehicle or trailer itself.

(6)

Any tractor, truck or semitrailer.

Commercial vehicle repair service means repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops, and other similar uses where major repair activities are conducted.

Commission means the Mount Jackson Planning Commission. Also referred to as planning commission.

Common area means an open tract or parcel of land owned in undivided interest, not devoted to structures but directly related and adjunct to a development, as provided in this chapter.

Comprehensive plan means the official document adopted by the town council known as the "Mount Jackson Comprehensive Plan."

Conservation means the management of natural resources to prevent waste, destruction, or degradation.

Construction, new means, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM (Flood Insurance Rate Map) or after December 31, 1974, whichever is later, and includes any subsequent improvements of such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

Construction sales and service means establishment or place of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments.

Construction sign means a temporary sign identifying an architect, developer, builder, general contractor, subcontractor, material supplier, and or financing entity participating in construction on the property on which the sign is located.

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

Consumer repair service means establishment or place of business primarily engaged in the provision of repair services to individuals, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.

Contractor service means establishment or place of business primarily specializing in home improvements and remodeling. This definition includes but is not limited to heating, air conditioning, painting, plumbing, and roofing. The use may include an office for the conducting of business, indoor repair and prep-work as well as retail sales of construction materials.

Convalescent home. See Elder care facility.

Convenience store. See Store, convenience.

Corner lot. See Lot, corner.

Council means the Town Council of the Town of Mount Jackson. Also referred to as town council.

Coverage, building or lot, means the percentage of the total lot area which may be occupied by all buildings or located under projections from buildings. Unenclosed areas or patios constructed at ground level shall not be included in the calculation of coverage.

Craft-brewery means an establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer, with a capacity of not more than 1,000 barrels per year. Craft-brewery may include a restaurant or public tasting room as an accessory use. Craft-brewery may be a secondary use to the production and harvesting of barley and other grains, hops and fruit on agriculturally zoned property.

Craft-distillery means an establishment primarily engaged in distilling and blending potable liquors, including mixing them with other ingredients, with a capacity of not more than 5,000 gallons of finished product per year. A craft-distillery may include a restaurant or public tasting room as an accessory use. Craft-distillery may be a secondary use to the production and harvesting of agricultural products on agriculturally zoned property.

Curb cut means any interruption or break in the line of the street curb for the purpose of connecting a driveway to a street, or otherwise to provide vehicular access to abutting property.

Custom manufacturing means establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, or the use of mechanical equipment commonly associated with residential or commercial uses, or a single kiln.

Day care center means any facility operated for the purpose of providing care, protection and guidance to individuals during only part of a 24-hour day. This term includes nursery schools, preschools, day care centers for individuals including adults, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four-hour period. Excluded from this definition is Family home day care.

Deck means a structure, without a roof, directly adjacent to a principal building, which has an average elevation of 30 inches or greater from finished grade. A deck may be constructed of any material permitted by the building code.

Dedication means the transfer of private property to public ownership upon written acceptance.

Density means the number of dwelling units permitted on one acre of land as specified in this chapter.

Development means the process of erecting or causing to be erected buildings or structures on a lot.

Distances shall be measured horizontally and at right angles to the line in relation to which the distance is specified.

District means a portion of the town within which, on a uniform basis, only certain uses of land and buildings are permitted as set forth in this chapter and within which certain lot areas and other uniform requirements are established.

Driveway means 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 means a two-family residential structure, with each unit having its own exterior entrance and its own kitchen and bath facilities; the residential units may be arranged one above the other or may be semidetached.

Dwelling means 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. A dwelling shall be constructed in accordance with the county building code.

Dwelling, accessory or accessory dwelling unit means a dwelling that exists as part of a principal dwelling or on the same lot as the principal dwelling and is subordinate in size to the principal dwelling.

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

Dwelling, detached, means a dwelling which is entirely freestanding on a lot.

Dwelling, manufactured, means a structure which:

(1)

Is transportable in one or more sections;

(2)

Is eight feet or more in width and 40 feet or more in length in the traveling mode, or is 320 or more square feet when erected on-site;

(3)

Is built on a permanent chassis;

(4)

Is designed to be used as a dwelling unit for one family, with or without a permanent foundation, when connected to the required utilities; and

(5)

Includes the plumbing, heating, air conditioning, and electrical systems necessary for the structure. For purposes of this chapter, a manufactured dwelling must meet the standards promulgated by the United States Department of Housing and Urban Development (HUD), published at 24 CFR Part 3280, including the ANSI standards incorporated therein by reference. For purposes of this chapter, a manufactured dwelling must bear a data plate declaring that it meets HUD standards. Also referred to as a manufactured home.

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

Dwelling, single-family, means a residential dwelling unit other than a mobile home, designed for and occupied by one family.

Dwelling, townhouse means a grouping of three or more attached single-family dwellings in a row in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common walls.

Dwelling, two-family, means 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 structure shall be designed for occupancy by not more than two families, including but not limited to duplexes.

Dwelling unit means 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, physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Each dwelling unit shall be constructed in accordance with the requirements of the state building code.

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

Educational facility, primary/secondary means a public, private or parochial school offering instruction at the elementary, junior and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the Commonwealth of Virginia.

Elder care facility means a building or buildings designed to provide housing and care for elderly and disabled persons and includes nursing homes, convalescent homes, rest homes, and life care facilities. Facilities may provide bed care and in-patient services for persons requiring regular medical attention. Facilities may provide for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in full-time care where all related uses are located on the same lot. Such facility may include other services integral to the personal and therapeutic care of the residents but excluding a facility providing surgical or emergency medical services, and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease.

Engineer, registered, means a licensed professional engineer, registered in the state by the state board for architects, professional engineers, land surveyors, and landscape architects as a professional engineer.

Equipment sales and rental means any establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment, and the rental of mobile homes. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

Family means one or more persons related by blood, adoption or marriage, living or cooking together as a single housekeeping unit. The persons constituting a family may include foster children.

Family home day care means a single-family dwelling in which more than four but less than 13 individuals, are received for care, protection and guidance during only part of a twenty-four-hour day. Individuals related by blood, legal adoption or marriage to the person who maintains the home shall not be counted towards this total. The care of four or fewer individuals for portions of a day shall be considered as a home occupation.

Family health care structure, temporary means, pursuant to all conditions set forth in Virginia Code § 15.2-2292.1, as amended, a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that:

(1)

is primarily assembled at a location other than its site of installation;

(2)

is limited to one occupant who shall be the mentally or physically impaired person, or in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person and the other requires assistance with one or more activities of daily living as defined in Virginia Code § 63.2-2200, as amended, and as certified in writing by a physician licensed in the Commonwealth;

(3)

has no more than 300 gross square feet; and

(4)

complies with applicable provisions of the Industrialized Building Safety Law (Virginia Code § 36-70 et seq., as amended).

Farmer's market means a place for the retail sale of fresh fruits and vegetables, crafts, and other food and related items, at a facility with spaces occupied by several different temporary tenants on a short term or daily basis; indoor or outdoor; but this use does not include roadside stands or flea market.

Fast food establishment. See Restaurant, drive-in.

Fence.

(1)

The term "fence" means a barrier, usually made of posts and wire, boards or masonry, intended to prevent escape or intrusion or to make a boundary.

(2)

The term "fence" does not include trees, shrubbery or other foliage.

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

Flea market means an assembly of vendors selling primarily used goods in the open air or within temporary structures.

Flood means

(1)

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

a.

The overflow of inland waters.

b.

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

c.

Mud slides (i.e., mud flows) which are proximately caused by flooding as defined in Subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2)

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

Floodplain means

(1)

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

(2)

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

Floodway means the designated area of the floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of 100-year magnitude.

Floor area, with regards to buildings, means the sum of the gross horizontal areas of the floors of all buildings on the lot, such area to be measured from the interior faces of exterior walls. The term "floor area" includes the area of basements when used for residential, commercial or industrial purposes but shall not include a basement or portion of a basement used for storage or housing of mechanical or central heating equipment.

Floor area ratio (FAR) means a ratio determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

Frontage means the lot width at the setback line. See Lot, width of.

Full cutoff angle means the angle formed by a line drawn from the light source and a line perpendicular to the ground from the light source, beyond which no light is emitted.

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

Game preserve, wildlife sanctuary means an area licensed by the Commonwealth of Virginia that must meet certain requirements for area and operating purposes, and which is granted special hunting privileges.

Garage, private, means an accessory building used for the storage of vehicles by the occupants of a lot on which such building is located.

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

Garden center means a place of business where retail and wholesale products and produce are sold to the consumer. These centers, which may include a nursery and/or greenhouse, may import items sold, and may include plants, nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils.

Gasoline station. See Store, convenience.

Grade means the average of the finished ground level adjoining a building.

Grandfathered is a term referencing a use or structure that is not in conformance with the current ordinance, but that was legal at the time it was established or constructed; also referred to as a legally non-conforming use/structure.

Greenhouse means a building with transparent walls and roof; for the cultivation and exhibition of plants under controlled conditions.

Greenhouse, commercial means a greenhouse operation in which plants are offered for sale to the public, either at wholesale or at retail.

Grocery store. See Store, grocery.

Gross area means all of the land contained within the boundaries of a tract or development.

Gross floor area.

(1)

The term "gross floor area" means the sum of the total horizontal areas of all floors of a structure on a lot, measured from the interior faces of exterior walls, including basements, elevator shafts, stairwells, and enclosed porches or atriums. The term "gross floor area" shall include basements, elevator shafts and stairwells at each story, attic space, interior balconies and mezzanines, so long as the structural headroom is at least six feet, six inches. The gross floor area of structures devoted to bulk storage of materials including, but not limited to, grain elevators and petroleum storage tanks, shall be computed by counting each ten feet of height, or fraction thereof, as being equal to one floor.

(2)

The term "gross floor area" does not include floor space not suitable for human habitation or areas designed for heating and ventilating equipment, off-street parking, parking structures or areas with less than six feet, six inches or more of structural headroom. The term shall not include outside balconies which do not exceed a projection of six feet beyond the exterior walls of the building.

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

Hard surface pavement means concrete, blacktop, macadam, or a similar surface.

Health department means the Virginia Department of Health.

Health official or officer means the Director of the Virginia Department of Health or designated deputy or a representative of the state department of health.

Height means, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

Height, building means the vertical distance from the established grade of the center of the front of the building to the highest point of the roof surface of a flat roof, to the deck line for a mansard roof, to mean height level between the eaves and ridge for hip, gable and gambrel roofs.

Height, structure means the distance between the highest point of any structure, and the lowest grade adjacent to the structure.

Height, tree means the measurement taken from the top of the root ball to the top of the trunk.

Home occupation, class A means an occupation conducted primarily on-site involving persons residing on the premises. Such occupations may require the use of accessory structures. No more than five clients or customers shall be allowed on the premises at any one time on a regular basis.

Home occupation, class B means an occupation conducted on-site involving persons residing on the premises and not more than two full or part-time outside employees. Such occupations may require the use of accessory structures or outside areas. No more than ten clients or customers shall be allowed on the premises at any one time on a regular basis.

Homeowners' association means an incorporated, nonprofit organization operating under recorded legal agreements running with the land. Under such agreements, the association may be formed on the basis of either a voluntary or an automatic membership.

(1)

A voluntary or nonautomatic association is one which is operated with land agreements but with membership and assessments optional with the lot owner and discretionary on the part of the organization management. A voluntary association of property owners is used for the operation of community clubs or for recreational features such as a swimming pool or golf club wherein the developer provides the facility and continues his patronage and ownership, the covenants or other documents of title are not recorded and incorporated with each deed of conveyance.

(2)

Automatic membership is one in which each lot owner in a planned unit or other described land area automatically becomes a member upon purchase; and is automatically subject to a charge for a proportionate share of the expense for the organization's activities, such as maintaining common property.

Hospital means a facility providing medical, psychiatric or surgical service for sick or injured persons primarily on an in-patient basis and including ancillary facilities for outpatient and emergency treatment diagnostic services, training, research, administration, and services to patients, employees or visitors.

Hotel means a building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day, week, or month. May also be referred to as motel or motor lodge.

Impervious means not letting something enter or pass through.

Industrialized building. See Building, modular.

Industry, heavy means manufacturing or other enterprises with significant external effects, or which pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing or other process.

Industry, light means enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Light industry is capable of operation in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, etc. Uses may include, but are not limited to, a machine shop, the manufacturing of apparel, electrical appliances, electronic equipment, camera and photographic equipment, ceramic products, cosmetics and toiletries, business machines, paper products (but not the manufacture of paper from pulpwood), musical instruments, medical appliances, tools or hardware, plastic products (but not the processing of raw materials), pharmaceuticals or optical goods, bicycles, any other product of a similar nature.

Industry, medium means enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Medium industry produces moderate external effects such as smoke, noise, soot, dirt, vibration, odor, etc.

Initial lumens mean the lumens emitted from a lamp, as specified by the manufacturer of the lamp.

Integrated PV means photovoltaics incorporated into building materials, such as shingles.

Junkyard means any establishment or place of business which is maintained, operated or used for storing, keeping, housing or buying junk or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

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

Laboratory means an establishment whose principal purpose is the research, compounding, and/or packaging of scientific products, which may include light manufacturing.

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

Land area ratio, (LAR) means the development ratio of the land area of a parcel between one use type and the other uses.

Land use and use of land include the terms "building use" and "use of building."

Landscaping means the improvement of a lot, parcel or tract of land, with grass, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may include grading of soil, addition of pedestrian walks, flowerbeds, ornamental objects such as fountains, statues, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

Laundry, commercial means any establishments primarily engaged in the provision of laundering, cleaning or dyeing services other than those classified as personal services. Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services.

Light pollution means any adverse effect of man-made light including sky glow, glare, light trespass, light clutter, and decreased visibility at night.

Light trespass means a light source casting excessive light upon adjacent property or upon a public right-of-way, also called light spillover.

Liquor means any alcoholic beverage other than beer, wine, or cider, as those terms are defined in Virginia Code §§ 4.1-100 and 4.1-213, as amended.

Loading space means an off-street space used for the delivery and loading/unloading of vehicles.

Location means a lot, parcel, building site or tenant space.

Lot area means the total area, measure on a horizontal plane, included within lot lines. In residential zoning districts, lot area shall be defined as the area of the lot that excludes major utility easements (e.g. gas pipeline, electric, etc.) and an area that lies within the 100-year flood plain (as it is established at the time of the final plat approval).

Lot, corner, means a lot abutting on two or more streets at their intersection. The front shall be deemed to be the shortest of the two sides abutting streets.

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

Lot, interior, means any lot other than a corner lot.

Lot irregular means a lot of such a shape or configuration that technically meets the area, frontage and width to depth requirements of this chapter but meets these requirements by incorporating unusual elongations, angles, curvilinear lines unrelated to topography or other natural land features.

Lot line means any boundary line of a lot.

Lot of record means a lot which has been properly recorded in the Office of the Clerk of Circuit Court for Shenandoah County prior to October 10, 1979.

Lot, pipestem means a "panhandle" or "flag" shaped lot with its widest point set back from the road at the rear of another lot (called the pipe), and having a thin strip of land connecting to the road to provide legal access and frontage (called the stem). Pipestem lots are also referred to as panhandle lots or flag lots.

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

Lot, width means the horizontal distance between the sidelines of a lot measured along the building setback line.

Lumen means a standard unit of measurement referring to the amount of light energy emitted by a light source, without regard to the effectiveness of its distribution.

Luminaire means a complete lighting unit consisting of a lamp or lamps together with the components designed to distribute the light, to position and protect the lamps, and to connect the lamps to the power supply. A luminaire is also commonly referred to as a fixture.

Main Street guidelines means the "Urban Design Guidelines, Mount Jackson, May, 2000" approved by council on October 10, 2000, as may be amended from time to time. These guidelines include standards to assist property owners in the Route 11 corridor, including those properties in B-1 zoning district, in the development of their property and to help the town perpetuate the historic character of downtown.

Manufacture and/or manufacturing means 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. See Dwelling, manufactured.

Manufactured home sales mean establishments primarily engaged in the sale or rental of manufactured homes.

Marquee means a roof-like structure or awning projecting over an entrance, as to a theater.

Medical office/clinic means a facility which provides diagnosis, minor surgical care, and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia. Emergency treatment is not the dominant type of care provided at this facility.

Mini-warehouse means a building designed to provide rental storage space in compartments where each area has a maximum floor area of 400 square feet. Each compartment shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods.

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

Mobile home. See Dwelling, manufactured.

Mobile home lot means any area or tract of land used by or designed to accommodate one mobile home and the exclusive use of its occupants.

Mobile home park means a parcel of land under single ownership on which two or more mobile homes are occupied as residences.

Mobile home stand or pad means the part of an individual mobile home lot which has been reserved for the placement of a mobile home.

Modular building. See Building, modular.

Motor home means a portable structure built on and made an integral part of a self-propelled motor vehicle chassis (other than a passenger car chassis) containing living facilities.

Natural growth, wherever used for screening or buffering purposes, means evergreen trees, bushes or shrubbery.

Noncommercial fairgrounds mean an area wherein buildings, structures, and land are used for the exhibition of livestock, farm products, etc., and/or for carnival-like entertainment.

Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located as of adoption or the date of amendment of this chapter.

Nonconforming structure means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage or other area regulations of this chapter, or is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located either as of the adoption or the date of amendment of this chapter.

Nonconforming use (activity) means the otherwise legal use of a building, structure or tract of land that does not conform to the use regulations of this chapter for the district in which it is located either as off the adoption or the date of amendment of this chapter.

Nursing home. See Elder care facility.

Occupancy means the period during which one owns, rents, uses, or occupies a certain premises or land.

Occupant means a person who, on a regular basis, spends nights at a residence. A person is considered an occupant regardless of whether they spend the majority of their nights at a residence, if the times they do stay overnight are regular and recurrent. In addition, a person shall be considered an occupant if their clothes or other daily living supplies are maintained at the residence.

Office, general means the use of land wherein the primary use is the conduct of a business or profession such as, but not limited to accounting, architecture, computer software, or information systems research and development, engineering, insurance, law, management, organization and association offices, psychology, theology, real estate, and travel. Retail sales do not comprise more than an accessory use of the primary activity of a general office. This use does not include medical office as defined by this chapter.

Official zoning map. See Zoning map.

Off-street parking area means space provided for vehicular parking outside the dedicated street right-of-way.

Open space means any parcel of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment. Open space may include active recreational facilities such as swimming pools, play equipment, ball fields, court games, and picnic areas.

Open space, common means land within or related to a development, not individually owned or dedicated for public use, which is intended for the common use or enjoyment of the residents of the development and may include such complementary structures as are necessary and appropriate. Common open space may include, recreation centers, swimming pools, tennis and basketball courts, and similar facilities.

Open space, required means any space required in any front, side, or rear yard.

Outdoor display means the permanent and/or continuous keeping, displaying, or storing, outside of a building, of any goods, materials, merchandise or equipment to be sold to the public.

Outdoor storage means the keeping, in other than a building, of any goods, materials, or merchandise that is not currently for sale on the same parcel for more than 24 consecutive hours.

Overhang means any projection (a roof, bay window, or similar cantilevered construction) which extends beyond the foundation of a structure. Such construction may project into any required yard pursuant to section 66-32.

Parcel, or parcel of land, means a lot or parcel which is described by plat or other legal description.

Parking lot means an off-street area with an all-weather surface designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space.

Parking space, compact means a space for parking one passenger automobile that is 16 feet long and eight feet wide and is marked "Compact car."

Parking space, standard means an area not less than ten feet wide by 20 feet long for an automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances, or exits, and being fully accessible for the storage or parking of permitted vehicles.

Patio means a level surfaced area directly adjacent to a principal building which has an average elevation of not more than 30 inches from finished grade, and without walls or a roof. A patio may be constructed of any materials.

Pedestrian ways mean a paved, marked or otherwise designated pedestrian treatments meeting American Association of State Highway Officials (AASHTO) standards.

Person includes a firm, association, organization, partnership, trust, company, or corporation, as well as, an individual.

Personal improvement services mean an establishment primarily engaged in the provision of informational, instructional, self-growth, and similar services. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, and handicraft and hobby instruction.

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

Photometric plan means a point-by-point plan depicting the intensity and location of lighting on the property.

Porch means a roofed open area, which may be glazed or screened, usually attached to or part of and with direct access to or from, a building.

Power equipment means motorized or engine driven equipment such as, but not limited to, powered saws or chain saws and powered hand tools including hydraulic and pneumatic hand tools. This includes power lawn equipment such as garden tractors, hedge clippers, lawn mowers, and other similar equipment.

Principal building or structure means a building or structure in which the primary use of the lot on which the building is located is conducted.

Principal use means the main use of land or structures as distinguished from a secondary or accessory use.

Property means any tract, lot, parcel or several of such tracts, lots or parcels collected together.

Public means, unless otherwise specifically indicated, anything owned, operated, provided and/or maintained by a local, state or federal government.

Public maintenance and service facility means any public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment services centers, and similar uses having characteristics of commercial services or contracting or industrial activities.

Public parking means any area used primarily or regularly for parking motor vehicles; or to any parking space or area required to be provided by any law for this purpose; except it shall not apply to parking provided solely for a single-family dwelling.

Public use means any use for exclusively public purposes without reference to the ownership or structures or the real estate upon which it is situated by any department or branch of the federal, state or local government.

Public utility means any person, firm, corporation, municipal department, or board duly authorized to furnish, under federal, state or municipal regulations, to the public electricity, gas, steam, communications, telegraph, transportation or water.

Recreation, active means those recreational pursuits which require physical alteration to the area in which they are performed including, but not limited to, pedestrian ways, bikeways, tennis courts, swimming and boating areas, playgrounds, and play fields.

Recreation, passive means those recreational activities that generally do not require a developed site such as hiking, horseback riding, and picnicking.

Recreation facility, public means any publicly owned and operated parks, picnic areas, playgrounds, indoor/outdoor athletic or recreation facilities, indoor/outdoor shelters, amphitheaters, game preserves, open spaces, and other similar uses.

Recreational vehicle means any vehicle which is:

(1)

Built on a single chassis;

(2)

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

(3)

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

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

Recycling center means a facility used by the general public for the collection of materials for recycling or reuse, including bins, boxes, buildings, self-propelled motor vehicles, trailers, and other enclosures or receptacles. Except for town or other governmental sponsored programs to collect and/or recycle household hazardous wastes, this definition shall not include facilities for the collection of non-recyclable materials, such as business and household refuse, garbage, organic materials, medical waste, trash, junk, toxic substances or similar materials.

Research and development means a business that engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of communication systems, transportation, geographic information systems, multi-media, and video technology. Development and construction of prototypes may be associated with this use.

Refuse collection site means a facility for the collection of non-recyclable materials, such as business and household refuse, garbage, organic materials, medical waste, trash, junk, toxic substances or similar materials.

Religious assembly means a use located in a permanent building and providing regular organized religious worship and related incidental activities, except primary or secondary schools and day care facilities.

Restaurant, general means an establishment in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tearooms, confectionery shops, eat-in delis and refreshment stands. Excluded from this definition are Restaurant, drive-in and Restaurant, mobile.

Restaurant, drive-in means an establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, served in disposable containers at a counter, drive-up, or drive through service facility, or which offers curb service.

Restaurant, mobile means a readily movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, service, and/or selling of food and operated at temporary locations. This definition shall include food trucks, food trailers, and food carts and shall not apply to ice cream trucks.

Resubdivision means a change in a plat of an approved or recorded subdivision or resubdivision if such change:

(1)

Affects any street layout shown on such a plat;

(2)

Affects any area reserved thereon for the public use; or

(3)

Changes the size of any lot shown thereon, if any of the lots have been conveyed after the approval or recording of such plat.

See also Subdivision.

Retail store. See Store, general.

Right-of-way means a legally established area or strip of land, either public or private, on which an irrevocable rite of passage has been recorded, and which is occupied or intended to be occupied by a street, utility service, water main, sanitary or storm sewer main, or other similar use.

Road. See Street.

Roadside stand means any structure or land used for sale of agricultural or horticultural produce, livestock or merchandise produced by the owner or his family on their farm.

School. See Educational facility.

Screening. See Buffering.

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

Service bay means an enclosed or partially enclosed area where motor vehicles are parked while they are serviced or repaired.

Service stall means a non-enclosed area where motor vehicles are parked while they are serviced or repaired, which may be covered but not enclosed by walls or doors.

Shielded, fully means lighting fixtures that are shielded in such a manner that light emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. This means that a fully shielded fixture is one used in such a way that it allows no direct or internally reflected light to shine above the light fixture.

Shelter means a facility providing temporary protective sanctuary for victims of crime or abuse including emergency housing during crisis intervention for individuals, such as victims of rape, child abuse, or physical beatings.

Shopping center means a group of commercial establishments planned, constructed and managed as a total entity with shared access, customer and employee parking provided onsite, provision of goods delivery separated from customer access, aesthetic considerations, and protection from the elements.

Short-term rental means a residential dwelling unit that is used or advertised for rent for transient occupancy in increments of 45 nights or less. This use does not include bed-and-breakfast establishments.

Sight triangle means a triangular-shaped portion of land established at street intersections and entrances onto streets in which nothing is permitted to be erected, placed, planted or allowed to grow in a manner that limits or obstructs the sight distance of motorists, bicyclists or pedestrians traversing or using the intersection or entrance.

Sign means a display designed or intended to convey information to the public in written or pictorial form where such display is made on, attached to, or as 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 it is made. The term shall not be construed to include any display of merchandise or temporary signage displayed within a show window. A display of less than one square foot in area is excluded from this definition.

Sign area means the entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure. Sign area is calculated by standard mathematical formulas such as height times width for rectilinear signs, πr ² for circular signs, and the applicable standard mathematical formula for other geometrical shapes. The area of any sign made up of individual letters or figures shall include the space between such letters or figures.

Sign, A-frame means a temporary, portable sign used at a place of business to provide information to pedestrians and slow-moving vehicles. The sign may be one or two sided.

Sign, animated means a sign which changes physical position or involves the use of motion, rotation, or the appearance of motion.

Sign, awning. See Sign, canopy.

Sign, banner means a temporary sign made of cloth, paper, vinyl or like material attached to a wall so as to remain in a generally stationary position. Such signs are not permitted under this chapter.

Sign, billboard. See Sign, off-premises.

Sign, canopy means a sign placed directly on or attached to the surface of an awning or canopy.

Sign, changeable means a sign or part of a sign that is designed so that characters, letters or illustrations can be mechanically or physically changed or rearranged without altering the face or surface of the sign.

Sign, directional means a sign giving directions or instructions to vehicular or pedestrian traffic but containing no commercial wording or text (i.e. entrance, exit, parking, loading and similar signage).

Sign, double-faced means a sign with two parallel or nearly parallel faces, back to back, upon which advertising is displayed.

Sign, electronic message board means any sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes. Light produced by electronic signs shall not exceed 0.3 foot-candles over ambient light levels. All electronic signs shall have ambient light monitors that allow automatic adjustment of the brightness level of the sign based on ambient light conditions. In no case shall an electronic sign occupy more than 50 percent of the area of a permitted sign size.

Sign face means the area or display surface used for the message, not including any framing, trim or molding, or the support structure. Face area is calculated using the same mathematical formulas as for sign areas.

Sign, flag means cloth or similar flexible fabric attached to a pole at one end such that the material can bend or flutter from the point (s) of attachment.

Sign, flashing means any illuminated sign on which there is artificial light which is not stationary or constant in intensity or color at all times when such sign is in use.

Sign, freestanding means a sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure, or a monument form without separate supporting elements.

Sign, government means government signs that are approved by the town council or installed for the public benefit by the town.

Sign, hanging. see Sign, projection.

Sign height means distance measured in feet and inches from the ground below the sign to highest point of sign to include sign structure, or in the case of wall signs on upper floors, from the floor level immediately below the sign to the highest point of the sign. Artificially increasing the height of the sign by berming or mounding dirt or other material at the sign base is prohibited.

Sign, illuminated means a sign illuminated in any manner by an artificial light source, whether internally or externally lit. Externally illuminated signs are those that have a light source projecting onto the face of the sign either by downlighting or indirectly with fluorescent, halogen or a source that gives off natural white light. Internally illuminated signs are those that have a light source inside or behind the sign structure or sign face which projects lights through or from the sign face.

Sign, individual letter means a sign made up of letters only that are attached directly to the building.

Sign, inflatable means any display capable of being expanded by air or other gas and used on a temporary or permanent basis to advertise a product or event.

Sign, minor means a wall or freestanding sign not exceeding one square foot in area, not exceeding four feet in height, and not illuminated. Examples include no trespassing signs, displays of building address, security warning signs, on-site directional signs, and or other similar signs.

Sign, mobile billboard means an off-site advertising sign mounted on a vehicle or trailer that can become part of traffic flow or be parked at specific locations. Neither vehicles nor trailers which advertise the company of their primary use nor campaign signs are considered mobile billboards.

Sign, monument means a freestanding sign supported primarily by internal structural framework mounted on the ground or integrated into landscaping or other solid structural features other than support poles, and the base of which is at least 75 percent of the total width of the sign. The width of the base cannot exceed twice the height of the total sign structure and not extend more than one foot beyond the outside edge of the face of the sign. In no case shall the height of the sign exceed eight feet from ground level.

Sign, moving or rotating means an environmentally activated sign or other display with mechanical motion powered by natural, manual, mechanical, electrical or other means, including but not limited to, pennant strings, streamers, spinners, propellers, and search lights. Hand held signs are not included. see Sign, portable.

Nonconforming sign means any sign, the area, dimensions or location of which were lawful at the time the sign was erected, but which fail to conform to the current standards and regulations due to the adoption, revision or amendment of this chapter.

Sign, off-premise means any sign, including billboards, which directs attention to a business, commodity, service or establishment conducted, sold or offered at a location other than the premises on which the sign is erected.

Sign, painted means any sign painted on the exterior surface of a building, including a mural sign.

Sign, portable means any sign not permanently affixed to a building, structure, or the ground. This category includes, but is not limited to, signs attached to or placed on vehicles not used for the daily conduct of the business, banners, balloons, and similar devices used to attract attention, including hand held signs.

Sign, projecting means a sign attached to a building, approximately perpendicular to the building wall, and projecting up to four feet from the building wall; also referred to as a hanging sign.

Sign, roof means any sign erected, constructed, and maintained wholly upon or over the roof of any building (such signs are not permitted under this chapter).

Sign, structure means the supports, uprights, bracing, and framework of any structure, be it single-faced, double-faced, V-type, or otherwise exhibiting a sign.

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

Sign, wall means any signs or lettering, projecting not more than eight inches, which are placed against or attached to the front, rear, or side wall of a building, but shall not be painted or mural signs, or roof signs as defined herein.

Sign, window means a sign painted, stenciled, or affixed on a window.

Site plan means a plan prepared by a professional engineer or land surveyor licensed by the state showing all proposed improvements to the site in accordance with this chapter.

Solar energy, small scale means a facility that either (a) generates less than 20 kilowatts (kW) electricity from sunlight, consisting of one or more photovoltaic (PV) systems and other appurtenant structures and facilities within the boundaries of the site, or (b) utilizes sunlight as an energy source to heat or cool buildings, heat or cool water, or produce electrical or mechanical power by means of any combination of collecting, transferring, or converting solar-generated energy; and (c) meets at least one of the following criteria: has a disturbance zone equal to or less than one acre; is mounted on or over a building, parking lot, or other previously disturbed area; or utilizes integrated PV only.

Solar energy, medium scale means a facility that generates electricity from sunlight primarily to reduce onsite consumption of utility power for commercial and industrial applications. Sites are between one to three acres with maximum capacity of 999 kW.

Solar energy, utility scale means a facility that generates electricity from sunlight which will be used to provide electricity to a utility provider. Sites are generally over two acres and have a capacity in excess of one megawatt (1 MW).

Specialty shop means a small-scale (less than 2,500 square feet per business) retail use which offers for sale items of art or crafts, or which offers for sale items related to a specific theme, e.g., kitchen wares, pet care, etc.

Special use permit means a permit approved by the town council for a use not granted by right under this chapter, but for a specifically listed purpose. Such permit issued only after public hearing, review and recommendation by the planning commission, and public hearing and review by council in accordance with standards or conditions and procedures included in this chapter.

Stand means the area within a lot upon which the manufactured home will be located. The stand must be paved, made of concrete, or be of a hard-surface, dust-free drained nonerosive surface. The stand shall have permanent water, sewer, power, and utility connections so that the manufactured home may be readily connected to them.

Store, adult means an establishment that: offers for sale or rent items from any of the following categories: adult media, sexually oriented goods, or goods marketed or presented in a context to suggest their use for specified sexual activities; and the combination of such items constitutes more than 15 percent of its stock in trade or occupies more than 15 percent of its gross public floor area; and where there is no on-site consumption of the goods, media or performances for sale or rent.

Store, convenience means a store offering for sale a limited selection and quantity of groceries and other articles normally found in grocery stores, and which may also offer, delicatessen or fast food items, and whose business is mostly dependent on quick stops by its customers. A convenience store operation may also include self-service gasoline sales when in accordance with all applicable requirements of this chapter.

(1)

The term "convenience store" does not include a store which is primarily or solely a restaurant.

(2)

The term "gasoline sales" does not include automobile or truck repairs.

Store, general means an establishment for display and sale of merchandise at retail.

Store, neighborhood commercial means an establishment primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Neighborhood stores shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores.

Store, grocery means an establishment primarily engaged in the sale of unprepared food for personal or household preparation and consumption. Such a facility may also engage in incidental sales of prepared foods for personal consumption on-or off-site.

Store, liquor means any privately owned establishment (i) licensed by the Commonwealth of Virginia to sell liquor for off-premises consumption, but excluding breweries or distilleries as defined by this chapter, and (ii) in which liquor makes up more than ten percent of its stock in trade or occupies more than ten percent of its net floor area.

Store, specialty food means an establishment, such as a bakery, coffee, candy, or ice cream shop, where the primary client consumption is off-site with limited seating and the product is limited to one type or line of food service.

Story means the portion of a building other than a cellar or mezzanine, included between the surface of any floor next above it, or if there is no 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 means 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 and the ceiling next above it.

Street means a dedicated strip of land or right-of-way subject to vehicular or pedestrian traffic providing means of access to property.

Streetscape means the combination of buildings, uses, landscaping, and furniture located in the area that may either abut or be contained within a public or private street right-of way or access way that create the visual image of the street.

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

Street, privately maintained means any roadway that is restricted as to the hours of access by the general public or by those who may use it. The definition shall be construed to include public roads that are maintained by the individuals living along or otherwise served by the road or by a property owners association created for purposes including maintenance of streets.

Street, public means a street which affords principal means of access to abutting property, and encompassed by a right-of-way dedicated to public use and maintained by the Commonwealth as a part of the state primary or secondary road system. The right-of-way shall not be less than 50 feet.

Street, service drive means a public right-of-way generally parallel and contiguous to a major highway, primarily designed to promote safety by controlling ingress and egress to the right-of-way by providing safe and orderly points of access to the highway. Also referred to as a frontage road.

Strip, commercial development means linear commercial development along a public road.

Structural alteration means any change in the supporting members of a building or structure, such as bearing walls, partitions, columns, beams or girders, or any change in the width or number of exits, or any substantial change in the roof.

Structure, accessory means any structural addition to a building, which includes awnings, cabanas, patios, oriels, storage lockers, and similar appurtenant structures.

Structure, permanent means anything constructed or erected the use of which requires more or less permanent location on the ground, or which is attached to something having a permanent location on the ground, including advertising signs and billboards.

Structure, temporary means anything constructed or erected without a permanent foundation or footings and that extends eight inches or more above the adjacent yard surfaces, but excluding a manufactured home as defined by this chapter. The term includes, but is not limited to, gazebos, carports and sheds which are modular in nature and are delivered to the site and which may or may not have a foundation.

Structure, outdoor advertising, means any structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed, including also outdoor advertising statuary.

Subdivider means any person owning any parcel of land to be subdivided, or a group of two or more persons owning parcel of land to be subdivided, or a person or group of persons who has given their power of attorney to one of their group or to another individual to act on their behalf in planning, negotiating for, representing or executing the legal requirements of the subdivision.

Subdivision means the division of a parcel of land into one or more lots or parcels of less than five acres each for the purpose of transfer of ownership or building development or, if a new street is involved in such division, any division of a parcel of land. The term "subdivision" includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land subdivided. See also Resubdivision.

Surveyor, professional means a licensed professional surveyor, registered in the state by the state board for architects, professional engineers, land surveyors and landscape architects as a land surveyor.

Tattoo parlor and/or body piercing salon means any business that provides tattooing or body-piercing as those terms are defined in Virginia Code § 54.1-700, as amended, or both tattooing and body-piercing.

Temporary family health care structure. See Family health care structure, temporary.

Theater, indoor, means 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 or dramas by actors and/or actresses.

Townhouse. See Dwelling, townhouse.

Tow service means establishment that provides for the removal and temporary storage of vehicles but does not include disposal, permanent disassembly, salvage, or accessory storage of inoperable vehicles.

Trailer means a vehicle without mode of power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle. For the purpose of this chapter, containerized cargo units designed to be placed upon and transported by a vehicle shall be construed to be trailers. The removal of wheels, tongues or hitches, or the placement on a foundation upon the ground shall not be deemed to change the character of a trailer.

Travel trailer means a vehicular, portable structure built on a chassis, as a temporary dwelling for travel, recreation, and vacation, having a 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.

Truck weighing station means an area of land used for weighing of freight and usually operated as an accessory use to other primary uses.

Use means the purpose or activity for which land or buildings thereon are designed or arranged, or for which land or buildings are occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this chapter.

Used includes the term "erected," "reconstructed," "altered," "placed" or "moved."

Utility service, major means service of a regional nature which normally entails the construction of new buildings or structures such as electric generating plants and sources, electrical switching facilities and stations or substations, community waste water treatment plants, and similar facilities. All overhead service, distribution and transmission lines are included in this definition.

Utility service, minor means service which is necessary to support development within the immediate vicinity and involve only minor structures. Included in this use type are small facilities such as transformers, relay and booster devices, and well, water and sewer pump stations. Also included in this use type are wireless communication antennas which are attached to an existing building or structure, including but not limited to utility poles, signs, broadcasting or communication facilities, and water towers, and which are not greater than 20 feet in length.

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, and when a literal enforcement of this chapter will work undue hardships on the property owner.

(1)

A variance is authorized only for height, area and size of structure; or size of yards and open spaces.

(2)

A variance is not authorized for the establishment or expansion of a use otherwise prohibited. A variance shall not be granted because of the presence of nonconformities in the zoning district or adjoining districts, nor solely for the economic benefit of the person requesting such variance.

VDOT means the Virginia Department of Transportation.

Vegetative buffer means deciduous and evergreen plants, shrubs, or trees that are mature enough to act as an effective visual and audible buffer.

Vegetative filter strip means perennial vegetation established or left undisturbed adjacent to the shoreline of a watercourse intended to filter out sediment and other non-point source pollutants from runoff before it reaches a watercourse.

Veterinary hospital means a facility rendering surgical and medical treatment to animals and having no limitation on overnight accommodations for such animals.

Warehousing and distribution means uses including storage, warehousing and dispatching of goods within enclosed structures or outdoors. Typical uses include wholesale distributors, e-commerce fulfillment centers, storage warehouses, and moving/storage firms.

Wetlands means waters of the United States, including land where, at least some of the time, water saturates the soil enough to result in a hydric soil (soil that is characterized by an absence of free oxygen some or all of the time). Wetlands limits must be determined in accordance with the current federally approved method of delineation.

Wholesale sales means an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers, industrial, commercial, institutional, or professional business users, or other wholesalers.

Winery means a facility licensed in accordance with Virginia Code § 4.1-207, as amended, and the regulations promulgated by the Virginia Alcoholic Beverage Control Board to manufacture wine and to sell, and deliver or ship such wine in closed containers for the purpose of resale outside the state or by persons licensed by the state to sell the wine at wholesale. The use may include the licensed operation of distilling equipment on the premises to manufacture spirits from fruit or fruit juices only, where used solely to fortify wine produced by the winery. This use does not include a farm winery as allowed in Virginia Code § 15.2-2283.3, as amended and licensed in Virginia Code § 4.1-219, as amended.

Yard means an open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

(1)

Front yard—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.

(2)

Rear yard—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.

(3)

Side yard—A yard between the side lot line and a line drawn generally parallel thereto at such distance as may be specified in this chapter for any district and extending from the setback 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.

Zero lot line development means a form of layout for single-family detached dwellings in which one edge of the dwelling coincides with one side property line, thereby creating a single side yard on one side of the dwelling, rather than two side yards, one on each side of the dwelling.

Zoning administrator. See Administrator.

Zoning map means the legally adopted zoning map of the town and all amendments thereto.

Zoning permit means a permit issued by the zoning administrator to the applicant before the applicant may proceed with any work affected by any provisions of this chapter or begin any uses of land and/or structures as permitted by this chapter.

(Ord. No. 06-2020, Att. 1, 6-9-2020)

APPENDIX A

Table 1

This chart may be revised from time to time by the zoning administrator to add or delete species or to update other information based on consultation with the cooperative extension agent and/or landscape professionals.

Table 2

This chart may be revised from time to time by the zoning administrator to add or delete species or to update other information based on consultation with the cooperative extension agent and/or landscape professionals.

Table 3

This chart may be revised from time to time by the zoning administrator to add or delete species or to update other information based on consultation with the cooperative extension agent and/or landscape professionals.

Table 4

This chart may be revised from time to time by the zoning administrator to add or delete species or to update other information based on consultation with the cooperative extension agent and/or landscape professionals.

Table 5

This chart may be revised from time to time by the zoning administrator to add or delete species or to update other information based on consultation with the cooperative extension agent and/or landscape professionals.

Table 6

This chart may be revised from time to time by the zoning administrator to add or delete species or to update other information based on consultation with the cooperative extension agent and/or landscape professionals.

Table 7

This chart may be revised from time to time by the zoning administrator to add or delete species or to update other information based on consultation with the cooperative extension agent and/or landscape professionals.

Earth Berms

Staggered Planting

Transitional Buffer Zones