For the purpose of this chapter, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or a corporation.

Unless defined elsewhere in the Zoning Ordinance, the following terms shall be defined as herein indicated:

Accessory dwelling unit (ADU). A secondary independent dwelling unit established in conjunction with, and clearly subordinate to, a principal single-family detached dwelling, whether part of the same structure as the principal single-family dwelling or a detached structure on the same lot. Accessory dwelling units are designed and intended for use as a separate, self-contained living space and include provisions for sleeping, cooking, and sanitation.

Accessory structure. A structure subordinate to the principle building on the same lot or serving a purpose customarily incidental to the principal building.

Accessory use. Except as otherwise provided in the zoning district regulations, an accessory use is:

(1)

A use which is conducted on the same lot as the principal use to which it is related,

(2)

Clearly incidental to, and customarily found in connection with such principal use, and

(3)

Operated and maintained substantially for the benefit or convenience of the occupants.

Acreage. Any defined and described parcel of land not shown on a plat of a recorded subdivision legally admitted to record.

Adaptive re-use. A non-residential building fifty (50) years or older, that will be adapted for a new use other than that for which it was originally intended.

Administrative support offices or informational services. A physically self-contained business operation in which information processing is the primary activity. Such information processing takes place using computers, telephones or other means of communication and may include, but is not necessarily limited to, such functions as data entry, data processing, telephone-delivered customer service, order processing, purchasing, accounting and telemarketing.

Adult book store. Any commercial establishment having its stock and trade in books, films, video cassettes, (whether for viewing off premises or on premises), magazines and other periodicals, or sex aids or paraphernalia of which more than twenty-five (25) percent are distinguished or characterized by their emphasis on or having as its dominant theme or purpose, matters depicting, describing or relating to sexual activities.

Adult day care facility. Any place, establishment, or institution, public or private operated or maintained for the provision of day care for adults who are aged, infirm, or disabled. Such facility may be operated during a part of the day only, because its purpose is to provide supplementary care and protection of individuals who reside elsewhere.

Adult entertainment establishment. Any establishment where live performance, display or dance of any type, which has a significant or substantial portion of such activity or, when considered as a whole, has as its dominant theme or purpose, any actual or simulated performance of sexual activity, removal of articles of clothing or appearing unclothed.

Adult motion picture theater. An establishment, which excludes minors by reason of age, and which is regularly used for presenting material distinguished or characterized by or, when considered as a whole having as its dominant theme or purpose, emphasis on matters depicting, describing or relating to sexual activities for observation by a patron therein.

Adult uses. Any adult book store, adult entertainment establishment or adult motion picture theater.

Agriculture. See "farm."

Alley. A permanent service way providing a secondary means of access to abutting properties.

Alteration. Change, improvement, and/or replacement of part(s), in buildings or structures not affecting the supporting members of such buildings or structures.

Amateur radio tower/antenna(s). Any structure erected to support the broadcast or receiving of any frequency for any non-commercial use.

Animal shelter. A public or non-profit facility with or without outside cages or runs, other than a private residential dwelling and its surrounding grounds, that provides a home for animals, which may or may not be offered for adoption, with veterinary services provided.

Apartment house. (See dwelling-multiple-family.)

Aquaculture. The growing, farming and husbandry of freshwater and marine organisms under controlled conditions including, but not limited to, hatcheries, and fish farming.

Assisted living facility. A residential facility in which no more than eight (8) aged, infirm or disabled persons reside, with one (1) or more resident counselors or other staff persons and for which the Virginia Department of Social Services is the licensing authority.

Assisted living facility, congregate. A congregate residential facility that provides or coordinates personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four (4) or more adults who are aged, infirm or disabled persons, with one (1) or more resident counselors or other staff persons and for which the Virginia Department of Social Services is the licensing authority.

Automobile body and paint shop. Building or premises where automobile body work including frame straightening and painting is undertaken, all work is performed within an enclosed structure and motor fuels are not sold.

Automobile fuel and kerosene sales (supplemental). Automobile fuel and kerosene sales supplementary to other retail sales on the same premises, limited to one (1) island including no more than four (4) pumps, and where no mechanical work is undertaken.

Automobile gasoline supply station. A facility where automobile fuels and kerosene are sold at retail, where other retail sales may occur but where no mechanical work is undertaken.

Automobile gasoline supply station - unmanned. A facility where only motor vehicle fuels are sold by contract to commercial and industrial fleets and not at retail to the general public, and where no mechanical work is undertaken.

Automobile leasing service. A facility with the primary function of leasing automobiles, limousines, vans, or motorcycles, where only minor repairs and maintenance of leased vehicles are undertaken, no body work is done on the premises, and no motor fuel is sold.

Automobile sales, new car sales. A facility which includes all operations customarily associated with new car sales including the sale of recreational vehicles, campers, and motorcycles, and related used car sales with repair services, leasing and body repair performed in an enclosed building.

Automobile sales, used car dealer. A facility with the primary function of selling used automobiles or used recreational vehicles, campers, and motorcycles with only minor repairs and minor body work or painting done on premises within an enclosed building and where no motor fuels are sold at retail.

Banquet/function hall. A facility constructed with or without a kitchen, leased for the purpose of hosting private social events not open to the general public, with or without live entertainment, where food and/or drink may be consumed on site.

Basement. That portion of a building which is partly or completely below grade.

Bed and breakfast inn. An owner-occupied house containing no more than six (6) sleeping rooms rented for daily periods with board for guests only, and primarily for occupancy by tourists as distinguished from multiple-family dwellings and boardinghouses.

Block. The area fronting on the same side of a public street or road situated between two (2) street intersections, except that where the distance between such street intersections is greater than one thousand two hundred (1,200) feet, the area fronting on the same side of a public street or road not more than six hundred (600) feet on either side of the parcel, lot or tract of land being considered as a building site shall be considered to be a block for the purpose of this chapter; provided further, that in the case of a dead-end or cul-de-sac street, the intersection of the circular right-of-way with the extension of the street centerline shall be considered the terminus of the block.

Boardinghouse. An owner-occupied building other than a hotel or motel where, for compensation, lodging with or without meals, is provided for four (4) or more persons.

Boat basin. A place for the launching, docking or mooring of pleasure boats and fuel sales for boats.

Brewery. A facility for the production and packaging of beer for distribution, retail, or wholesale, on or off premises, with a production of more than fifteen thousand (15,000) barrels per year and which meets all alcohol beverage control laws and regulations.

Buffer area. A treed area remaining natural or landscaped and required to provide screening between districts of different intensities. (See buffer area in Article XXVIII, section 45-2802(e).)

Building. Any structure for the housing, shelter, support or enclosure of persons, animals, chattels, or property of any kind.

Buildable width or buildable depth. The width or depth respectively of that part of the lot not included within the required front, side or rear yard.

Business administrative offices. An administrative office of a business where management or administrative functions are performed or where one (1) or more businesses are managed off-site.

Caliper. The diameter of a tree trunk measured six (6) inches above ground level for nursery stock, and four and one-half (4.5) feet above grade for existing trees on-site.

Camp site. An area located in a public or private park consisting of permanent cabins, tents or other shelters used for vacationing and other recreational purposes.

Campus ministry house. A structure located on or within one thousand (1,000) feet of a college campus which may be used as the residence of a campus minister, for counseling, for religious study, for student meetings, for the administrative functions of a campus minister, and other similar activities; no person shall be permitted to reside in such structure, other than a campus minister and his immediate family, or the number of campus ministers without families permitted in the conditional use permit; nor shall the structure be deemed to be a community facility.

Child care center. Any facility licensed and operated in accordance with the provisions of Section 63.1-195 of the Code of Virginia (1950), as amended, for the purpose of providing care, protection, and guidance to a group of children separated from their parents or guardians during a part of the day only. A child care center includes group care provided to five (5) or more children.

City. The Corporation of the City of Newport News, Virginia.

Clinic. An office building or group of offices wherein only persons engaged in the practice of a medical profession or occupation are located, but which does not have beds for overnight care of patients.

Commercial parking lot—Small motor vehicles. A parcel of land or portion thereof used as a commercial enterprise for the temporary parking of small motor vehicles (as defined in this article) for which compensation is charged independent of any other use of the premises, and regarding which such parking shall not exceed thirty (30) days.

Commercial parking lot—Large motor or recreational vehicles. A parcel of land or portion thereof used as a commercial enterprise for the temporary parking of large motor or recreational vehicles (as defined in this article) for which compensation is charged independent of any other use of the premises, and regarding which such parking shall not exceed thirty (30) days.

Commercial radio or television station. A facility for the transmission of commercial programming by radio or television within the commercial band of the electromagnetic spectrum, but not including towers supporting antenna.

Commercial vehicles, large. A self-propelled or towed vehicle with a gross vehicle weight rating exceeding ten thousand (10,000) pounds and having one (1) or more of the following characteristics:

(1)

Licensed for hire;

(2)

Lettering exceeding three (3) inches in height;

(3)

Tire rims larger than sixteen (16) inches;

(4)

Tandem axles;

(5)

Dual wheels;

(6)

Height greater than eight (8) feet;

(7)

Length greater than twenty-four (24) feet;

(8)

Lighting designed for emergency vehicles;

(9)

Air brakes;

(10)

Permanently affixed mechanical or construction equipment;

(11)

Designed to be used for or to be used to transport commercial, farm or construction equipment. The gross vehicle weight that is reflected on state vehicle registration documents shall be prima facie evidence of a vehicle's gross weight.

Commercial vehicles, small. A self-propelled or towed vehicle with a gross vehicle weight rating of ten thousand (10,000) pounds or less and having one (1) or more of the following characteristics:

(1)

Licensed for hire;

(2)

External racks or other devices used to hang ladders, pipes or other equipment or materials;

(3)

Lettering exceeding three (3) inches in height;

(4)

Lighting designed for emergency vehicles;

(5)

Logos or three-dimensional sculptures, letters or numbers representing anything other than the manufacturer or model of vehicle.

For purposes of this definition, any wrecker or tow truck with a gross vehicle weight of sixteen thousand five hundred (16,500) pounds or less shall be considered a small commercial vehicle, provided that the wrecker or tow truck owner is on the list of approved wrecker or tow truck operators maintained for use in emergency situations by the Newport News Police Department or the Virginia State Police.

The gross vehicle weight that is reflected on state vehicle registration documents shall be prima facie evidence of a vehicle's gross weight rating.

Communication towers greater than fifty (50) feet in height. A freestanding structure erected on real property, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure designed to support or capable of supporting wireless facilities and/or small cell facilities, not located within the boundaries of a local, state, or federal historic district. Television antennas for home reception, satellite dishes one (1) meter or less in diameter, and amateur radio tower/antenna(s) shall not be deemed communication towers under this definition. The term communication towers greater than fifty (50) feet in height shall not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service. The term under this definition shall also not include any structure fifty (50) feet in height, or less, measured from the top of the closest adjacent curb or edge of pavement where no curb exists.

Communication towers not greater than fifty (50) feet in height. A freestanding structure, not greater than fifty (50) feet in height, measured from the top of the closest adjacent curb or edge of pavement where no curb exists, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities and/or small cell facilities, not located within the boundaries of a local, state, or federal historic district. The term communication towers not greater than fifty (50) feet in height shall not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service. Television antennas for home reception, satellite dishes one (1) meter or less in diameter, and amateur radio tower/antenna(s) shall not be deemed communication towers under this definition.

Community facility. (i) A non-commercial facility which provides a public service or, (ii) selected semi-public uses customarily associated with residential communities, and (iii) which offers services of an educational, recreational or religious nature. (See Article V, section 45-520)

Community recreation center. A non-commercial publicly owned indoor recreational facility, where fees are charged for uses such as courts, pools, exercise rooms and/or running tracks.

Comprehensive plan. All plans or parts thereof officially adopted by the city council pursuant to Virginia Law for the physical development of the City of Newport News or any territory within its jurisdiction showing the long-range proposals for the general development of the city.

Concession stand. A small commercial facility selling refreshments, gifts and souvenirs, or providing rentals at a park.

Congregate housing for children. A residential facility under twenty-four-hour per day adult supervision used to temporarily house, for a maximum period of ninety (90) days, pre-foster care children, under the age of eighteen (18) years, prior to their placement in a foster care home.

Continuing care facility. A planned community for adults fifty-five (55) and older that provides a full continuum of housing options and assistance, ranging from fully independent dwelling units, to assistance with personal care in assisted living facilities, to long-term skilled nursing care in a nursing home. The residential opportunities may include dwelling units and nursing home beds. The facility may include retail and commercial services ancillary to the principal residential and healthcare uses of the facility.

Contractor. The term "contractor" means any person, firm or corporation:

(1)

Accepting or offering to accept orders or contracts for doing any work on or in any building or structure, requiring the use of paint, stone, brick, mortar, wood, cement, structural iron or steel, sheet iron, galvanized iron, metallic piping, tin, lead, or other metal or any other building material;

(2)

Accepting or offering to accept contracts to do any paving, curbing or other work on sidewalks, streets, alleys, or highways, or public or private property, using asphalt, brick, stone, cement, concrete, wood or any composition;

(3)

Accepting or offering to accept an order for or contract to excavate earth, rock, or other material for foundation or any other purpose or for cutting, trimming or maintaining rights-of-way;

(4)

Accepting or offering to accept an order or contract to construct any sewer of stone, brick, terra cotta or other material;

(5)

Accepting or offering to accept orders or contracts for doing any work on or in any building or premises involving the erecting, installing, altering, repairing, servicing, or maintaining electric wiring, devices or appliances permanently connected to such wiring, or the erecting, repairing or maintaining of lines for the transmission or distribution of electric light and power; or

(6)

Engaging in the business of plumbing and/or steam fitting and/or mechanical work for which a permit is required under the Uniform Statewide Building Code.

Contractor, small. A contractor having no more than twenty (20) employees and no vehicles or equipment larger or heavier than a small commercial vehicle as herein defined.

Convalescent home. (See nursing home)

Convenience store. A store offering a limited selection of groceries and other items for sale normally offered by grocery stores, which may also offer delicatessen and/or fast food items, and whose business is highly dependent on quick stops by work-related and/or local neighborhood traffic.

Custodian apartment. An apartment, no larger than seven hundred (700) square feet, for full-time employees only and incidental to the primary use.

Day services center. A facility where the principal function is providing on-site services and assistance to the homeless population by government agencies and/or non-profit organizations. Those services shall not include overnight accommodations or food service.

Deciduous. Pertaining to plant materials which drop their leaves annually, usually during the Fall season.

Developed site. An area of improved property that independently meets all requirements of the site plan ordinance.

District, zoning. A classification established by this chapter for land in the City of Newport News which regulates the use of buildings and land, the height of buildings, the size of yards, and other development characteristics.

Dormitories. Buildings or structures which are supervised on-site and which contain rooms and may include common eating facilities for the housing of regularly enrolled students, faculty and employees of an established college, university, or research center, and their families.

Driveway. A private entrance providing vehicular access from a street to building(s) or abutting property(s). Such driveway may provide access through a parking lot and/or a series of lots of record.

Dwelling, attached single-family. A building containing two (2) or more dwelling units sharing at least sixteen (16) horizontal feet of a wall, ceiling or floor area between such units with each unit having its own front and rear or side access to the outside.

Dwelling, detached single-family. A building containing one (1) dwelling unit, entirely surrounded by a yard. Manufactured homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of temporary or portable housing are not included within this definition.

Dwelling, two-family. A building containing two (2) dwelling units, entirely surrounded by a yard, where each dwelling unit is or is not on a separate lot.

Dwelling, mobile home. (See manufactured home)

Dwelling, multiple-family. A building containing three (3) or more dwelling units, entirely surrounded by a yard, where each dwelling unit is served by a common outside entrance.

Dwelling, multiple-family highrise. A building containing six (6) or more stories with residential dwelling units on the upper floors and either a mix of commercial or residential units on the main floor.

Dwelling unit. A single unit providing complete, independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, cooking, eating and sanitation.

Electrical generating plant. A facility that generates electricity from mechanical power produced by gas, coal, nuclear fission or wind.

Electrical substation. A facility for transforming electricity for distribution to individual customers.

Elevated water storage tanks. Facilities for the elevated storage of water.

Evergreen. Pertaining to plant materials that retain most of their green foliage throughout the entire year in USDA Plant Hardiness Zones Seven and Eight.

Extended stay motel. A building or group of buildings containing sleeping accommodations for ten (10) or more persons not members of a resident family and used for temporary occupancy of transients and containing cooking facilities in more than fifty (50) percent of the individual units, and from which ingress and egress is made to rooms from individual outside entrances.

Family. Any of the following groups of people living together in a dwelling unit:

(1)

An individual living alone in a dwelling unit;

(2)

Two (2) unrelated persons;

(3)

Two (2) unrelated persons and the children of such persons;

(4)

Three (3) unrelated persons, each unrelated to any of the others; except if the dwelling unit is a part of an attached multiple family building then the number of unrelated persons, each unrelated to any other, can be increased to four (4) persons;

(5)

Any number of persons related by blood, marriage, adoption or approved foster care; and

(6)

Any number of persons related by blood, marriage, adoption or approved foster care and one (1) unrelated person.

Family day home child care facility.

(1)

A child day program offered in the residence of the provider for compensation that regularly provides direct care during part of a twenty-four-hour day to fewer than five (5) children under the age of thirteen (13) years old, excluding the provider's own children or grandchildren related by blood, marriage or adoption and foster children. (See Article V)

(2)

A child day program offered in the residence of the provider for compensation that regularly provides direct care during part of a twenty-four-hour day to at least five (5) and not more than twelve (12) children under the age of thirteen (13) years old, excluding the provider's own children or grandchildren related by blood, marriage or adoption and foster children.

Family home adult day care facility. A private family dwelling of a person or persons who maintain(s) the dwelling and regularly provide(s) direct care on the premises during part of a twenty-four-hour day to not more than five (5) adults who are aged, infirm, or disabled, and reside elsewhere, except the home or residence of an individual who cares for any person related to him by blood or marriage.

Farm. A tract of land used for the production of crops and may include the incidental raising of livestock.

Floor area ratio. The combined area, exclusive of any space within the building used for parking or for recreational use as defined in this chapter, of all floors of all buildings on a premises expressed as a percentage of the total lot area of the premises, or in lieu of total lot area, the adjusted lot area as defined in this chapter.

Food truck vendor. Any vendor who sells food and non-alcoholic beverages from a motor vehicle or a trailer licensed to be operated on the highway by the Virginia Department of Motor Vehicles, other than a vendor operating exclusively as an ice cream vendor as that term is defined in section 17-99 of the City Code.

Fraternity or sorority house. A building which is occupied by university or college students who are associated together in a fraternity or sorority that is officially recognized by the university or college and who receive from the fraternity/sorority lodging and/or meals on the premises.

Freight container. A portable, weather-resistant receptacle designed for and used in the multi-modal shipment of goods, wares or merchandise; or receptacles originally designed for the transport of goods but not currently used for such purposes.

Frontage. That portion of any real property abutting directly on a public right-of-way.

Garage, accessory. An accessory building designed or used only for the storage of self-propelled vehicles owned and used by the occupants of the principal building to which it is accessory.

Garage, storage. Any structure, except for those described as an accessory garage, used exclusively for the storage or parking of self-propelled vehicles.

General plan. (See comprehensive plan)

Grade. The highest average level of finished ground surface adjacent to the exterior walls of a building.

Gross leasable area. All floor area within a building or mall intended for lease, rent, or use by tenants and not including space in malls used exclusively for public ingress/egress.

Group home. (a) A residential facility for nine (9) or more mentally ill, intellectually or developmentally disabled persons, for which the Virginia Department of Behavioral Health and Developmental Service, or its successor, is the licensing authority, or (b) a residential facility for five (5) or more persons, excluding nursing homes, with twenty-four-hour supervision, which provides shelter and services to individuals and families for a period not to exceed twenty-four (24) months to help them become self-sufficient citizens.

Gymnasium. A building containing space and equipment for various indoor sports activities including, but not limited to, basketball, volleyball, wrestling and gymnastics and usually including spectator accommodations, shower and locker rooms and offices.

Halfway house. A building for the purpose of providing room and board, recreation, counseling, and other rehabilitative services to individuals who are participating in work release, prerelease, or probationary programs or other similar programs from state or federal institutions and who are under the supervision of a court, state or local agency.

Height of building. The vertical distance measured from the established grade to the highest point of the roof surface for low sloped roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for shed, gable, hip and gambrel roofs.

Height of communication tower/antenna. The vertical distance measured from the established grade to the highest point of the communication tower/antenna.

Home occupation. Any occupation or activity which is clearly incidental to the use of the premises for dwelling purposes that constitutes entirely or partly the livelihood of a member of a family residing on the premises. (See Article V, section 45-517)

Homeless shelter. A building or portion thereof designed exclusively for temporary residential occupancy by families or individuals not to exceed forty-five (45) days at any given time for the purpose of providing room and board and support services that would lead to self-sufficiency and permanent shelter.

Hospice. An establishment or a program that provides for the physical and emotional needs of terminally ill patients and their families.

Hospital. An institution rendering medical, surgical, obstetrical, or short term convalescent care excluding nursing homes.

Hotel. A building or group of buildings containing sleeping accommodations in twenty (20) or more rooms used for temporary occupancy of transients, with central administrative facilities attended twenty-four (24) hours-a-day and which provides eating and/or conference/meeting facilities.

Housing for older persons. Housing as defined in § 36-96.7 of the Code of Virginia, 1950, as amended.

Kennel. Any premises, land, or building, enclosed or unenclosed, where more than a total of four (4) domesticated animals are housed or kept. When such animals are not kept or bred for sale, animals under the age of six (6) months shall not be considered in calculating the number enumerated above. This definition shall not pertain to small animals such as fish, birds, rodents, reptiles, and other species which are traditionally housed inside a dwelling in cages, tanks, or similar enclosures; provided, however, that the maintenance of such animals poses no threat to the public health or safety. (See chapter 6 of the City Code).

Landscaped yard or open space. That space designed to enhance the privacy and appearance of a development by providing landscaping features or screening for the benefit of the occupants or those in neighboring areas or to enhance the appearance of the community. The space may include a combination of lawns, decorative plantings, flower beds, sidewalks, walkways, outdoor sitting areas, active recreational areas, ornamental objects, wooded areas, water courses or other such similar areas as are designed and arranged to produce an aesthetically pleasing effect.

Large growing shrub. A woody plant material producing its branches primarily at the base and capable of maturing at heights greater than ten (10) feet.

Large growing tree. A variety of tree, evergreen or deciduous, capable of maturing at heights greater than or equal to fifty (50) feet.

Loading space. A space on the premises providing for the standing, loading or unloading of vehicles.

Local utilities. Electrical power, telephone, gas, water, sewer, cable TV and storm drainage lines, stormwater management systems, air pollution monitoring stations, inline facilities such as gas regulating stations and water wells or pumping stations, sewage pumping stations, telephone exchanges, switching, and transmitting equipment underground or ground level water storage tanks, underground electrical transmission lines, communication towers not greater than fifty (50) feet in height located in the public right-of-way, wireless facilities located in the public right-of-way, and small cell facilities located in the public right-of-way. This use does not include elevated water storage tanks.

Lot. Any piece, parcel or portion of property shown on a plat of a recorded subdivision legally admitted to record.

Lot area, adjusted. The total lot area plus any creditable additional area as prescribed in Article XXVIII which is used for off-street parking, recreational or other open purposes.

Lot area, open. Any portion of a lot or premises not covered by a building or structure.

Lot area, total. The gross area of a lot or premises.

Lot, corner. A lot abutting upon two (2) or more streets at their intersection. The shortest side fronting upon a street shall be considered the front of the lot, and the longest side fronting upon a street shall be considered the side of the lot.

Lot coverage. Any area of a lot covered by a structure, not to include surface parking.

Lot depth. The mean horizontal distance between the front and rear lot lines.

Lot, double frontage. An interior lot having frontage on two (2) streets.

Lot, interior. A lot other than a corner lot.

Lot lines. Lines bounding a lot, as defined herein.

Lot of record. A designated and recorded portion of a subdivision intended for the purpose of transfer of ownership or building development which has been recorded in the office of the clerk of the appropriate court.

Lot width. The horizontal distance between the side lot lines measured at the front yard setback line established by this chapter and/or by a recorded subdivision plat.

Low growing shrub. A woody plant material producing its branches primarily at the base and typically maturing at heights around three (3) feet.

Mall. A common pedestrian area serving tenants located within an enclosed mall building.

Mall building, enclosed. A single building or series of connected buildings having a total gross floor area in excess of four hundred thousand (400,000) square feet, enclosing a number of tenants and occupancies, such as retail stores, drinking and dining establishments, entertainment and amusement facilities, offices and other similar uses.

Manufactured home. A structure subject to federal regulation, which is transportable in one (1) or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on-site; is built on a permanent chassis; is designed to be used as a single-family dwelling with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure.

Manufactured home park. An area designed, constructed, equipped, operated, and maintained for the purpose of providing spaces for manufactured homes intended to be used as living facilities.

Manufacturing/processing. The mechanical or chemical transformation of inorganic or organic substances into new products.

Marina. A place for boat launching, docking, mooring, repair sales and service and the sale of fuel and accessory equipment for boats.

Medical center complex. A major hospital situated on at least five (5) acres and containing a minimum of one hundred (100) patient beds with access to uses such as dormitories, group homes, adult care residences, medical offices, medical and dental laboratory, nursing home, convalescent home, hospice, pre-school/day school part of a community facility, barber/beauty shop, health club and fitness center, florist, medical supply sales, gift shop, commercial parking lot or garage and/or helistop or heliport. Retail service uses cannot stand alone; they shall be located within the main building.

Medical profession or occupation. Any activity involving the diagnosis, cure, treatment, mitigation, or prevention of disease which affects any bodily function or structure.

Micro-distillery, and/or micro-winery. A facility with no more than three thousand (3,000) square feet of floor area, for the production and packaging of alcoholic beverages for distribution, retail, or wholesale, on or off premises and which meets all alcohol beverage control laws and regulations.

Micro/craft brewery. A facility for the production and packaging of beer for distribution, retail, or wholesale, on or off premises, with a production of not more than fifteen thousand (15,000) barrels per year and which meets all alcohol beverage control laws and regulations.

Micro-wireless facility. A small cell facility that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width and twelve (12) inches in height and that has an exterior antenna, if any, not longer than eleven (11) inches.

Mini-warehouse. A structure containing separate storage spaces which are leased or rented on an individual basis to the general public for storage purposes only.

Mini-warehouse—Single entrance interior storage. A mini-warehouse is a structure for the interior storage of business or personal property, wherein access to storage spaces within the structure shall be permitted only through an interior hallway. Access into a mini-warehouse - single entrance interior storage shall be limited to a single entrance; however, emergency access entrances shall be permitted.

Mixed use development. Property under single ownership and legal description that incorporates two (2) or more different uses, and may include a variety of housing types, within a single development.

Motel. A building or group of buildings containing sleeping accommodations with twenty (20) or more rooms used for temporary occupancy of transients, not more than twenty (20) percent of which contain cooking facilities and where conference/meeting and banquet rooms are not specifically provided.

Motor vehicle. Every vehicle as defined in this section which is self-propelled or designed for self-propulsion except as otherwise provided in this chapter. Any structure designed, used, or maintained primarily to be loaded on or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office, or commercial space shall be considered a part of a motor vehicle.

Motor vehicle, large (large motor vehicle). A motor vehicle with a gross vehicle weight rating exceeding ten thousand (10,000) pounds.

Motor vehicle, small (small motor vehicle). A motor vehicle with a gross vehicle weight rating of ten thousand (10,000) pounds or less.

Motor vehicle repair or service facility. Buildings and premises where minor and major mechanical or maintenance on any motor vehicle is undertaken, including, but not limited to, general repair garages, muffler shops, tire stores, oil change facilities, and vehicle upholstery shops. This excludes car washes and any body repair and/or painting facility.

Neotraditional. A type of neighborhood or community design which reintroduces qualities of traditional small towns. It combines a mix of uses within the neighborhood, including retail, office, civic buildings, public squares and multi-family and single-family housing, all within walking distance of one (1) another. Design codes promote narrower streets with multiple connections to surrounding neighborhoods, uniform building setbacks and strict architectural codes to create a strong community image.

Nightclub. An establishment, excluding motion picture theaters and adult entertainment establishments, which provides entertainment (including but not limited to live bands, comedians, solo artists, and/or a dance floor for patrons), stays open after 11:00 p.m., and has an occupancy load exceeding one hundred (100) people.

Nonconforming lot of record. A lot, which for the specific use intended, does not comply with the present Zoning Ordinance requirements, but has been recorded in the office of the clerk of the appropriate court prior to the passage of this chapter. (See Article V, section 45-507)

Nonconforming structures. Any structure which was previously lawful but which does not comply with all regulations of the district in which it is located, either on the effective date of this chapter or as a result of any subsequent amendment thereto.

Nonconforming use of land. Any use of a lot or acreage which was previously lawful but which does not conform to the applicable use regulations of the district in which it is located, either on the effective date of this chapter or as the result of any subsequent amendment thereto.

Nursing home. Facility licensed by the state board of health in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of four (4) or more nonrelated individuals.

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

Off-site parking lot or garage. A parking lot or garage, associated with an existing use, for the parking of small motor vehicles, provided the zoning district classification for the off-site parking lot is the same as that for the use served.

Outlots. Lots that do not meet the requirements of this chapter as to minimum width and depth.

Parking garage. A structure for parking vehicles.

Parking lot. An on-site area at finished grade for the parking of vehicles and any associated access ways, driveways, or loading and unloading areas; but, excluding parking garage.

Persons related. Persons related by blood, marriage, adoption or approved foster care shall be defined as a person's spouse, former spouse, parents, stepparents, children, siblings, half-siblings, grandparents and grandchildren.

Pet care service with outside cages or runs. An enclosed facility, with outside cages or runs, with or without boarding and/or veterinary services, including but not limited to, day and night care, manicuring, bathing, clipping, styling, and/or training of pets, with or without the offering of pets and/or pet products for sale.

Pet care service without outside cages or runs. An enclosed facility, without outside cages or runs, with or without boarding and/or veterinary services, including but not limited to, day and night care, manicuring, bathing, clipping, styling, and/or training of pets, with or without the offering of pets and/or pet products for sale.

Plant materials. All genera of the plant kingdom such as trees, shrubs, groundcover, annuals and perennials.

Police K9 training facility. A facility where working dogs will be trained, and may be housed, to assist police and other law enforcement officers in the performance of their duties.

Portable storage container. A portable storage container is a portable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, building materials or merchandise. Portable storage containers are an alternative to traditional mini-storage and moving options, and are delivered via truck or trailer directly to the customer. The concept is based upon a hydraulic powered delivery system or forklift system that allows the containers to be lowered to ground level for easy access and packing. Portable storage containers shall also include roll-off containers, and shall include boxes and bin containers used for the collection and hauling of waste or debris.

Premises. An area of single or contiguous lots under common ownership with any building or structure occupying it.

Private club. A facility for civic, fraternal, social, cultural, religious, literary, political, recreational, or similar activities, operated for the benefit of its members and not open to the general public.

Professional office. An office used for personal, professional and business services such as medical, legal, financial, real estate or insurance services where no merchandise or products are sold or offered for sale nor any service is performed or offered that requires the storage of merchandise, supplies, or machinery other than those which are customarily used on the premises for those professional services.

Public park. A publicly owned facility that provides active and/or passive recreation for the general public.

Public right-of-way. A right-of-way that, by virtue of its use or ownership, is under the control of the City of Newport News, the Commonwealth of Virginia or the United States of America.

Radio, television or microwave tower. A structure supporting antenna that transmit or receive any portion of the electromagnetic spectrum.

Recovery home. A communal residential facility for not more than six (6) persons that provides housing for recovering addicts for the purpose of the residents' joint rehabilitation from drug or alcohol addiction established in adherence to the requirements of the Federal and State Fair Housing Acts.

Recreational open space. Open space for both passive and active recreation. Passive recreation facilities include outdoor sitting areas or roof gardens, shaded areas along walkways or portions of walkways overlooking open areas. Active recreation areas include but are not limited to pedestrian ways located and landscaped to provide for strolling activities, tennis courts, swimming and boating areas, shuffleboard courts, bridle paths, playlots, playgrounds and playfields.

Recreational vehicle. A vehicle, whether or not self-propelled, used for transporting people or property in connection with recreation and designed for temporary occupancy as opposed to a manufactured home as herein defined. Such vehicles include, but are not limited to, travel trailers, utility trailers, pickup campers or coaches, motor homes, tent trailers, boats and boat trailers, amphibious houseboats, or similar recreational vehicles.

Refuse transfer station. A facility for the separation, transfer or packing of solid waste materials from smaller collecting vehicles to larger transport vehicles.

Sanitary landfill. A facility for collecting, handling, storage, and disposal of solid waste, where solid waste is spread in thin layers on the ground, compacted to the smallest practical volume, and covered with soil at the end of each working day.

Scrap processing. The exclusive purchasing, collecting or salvaging of scrap materials for the specific purpose of processing said materials for the recovery industry (including but not limited to steel mills, foundries, smelters and refineries), and having and using machinery and facilities designed for such processing and making regular shipments of such processed scrap materials in the normal course of business.

Self-service ice vending unit. A stand alone ice production machine that is no larger than fifteen (15) feet in height, ten (10) feet in width, and twenty-five (25) feet in length, and located on a site that is at least two (2) acres in size, and may operate without full time service personnel. These units are activated by the insertion of money, or another form of payment, and ice is bagged automatically or dispensed in bulk to the consumer.

Setback line. The required minimum distance from the street right-of-way and/or property lines that establishes the land area within which buildings or structures may be erected or placed. For the purpose of this chapter, unless otherwise modified by other sections of this chapter, the required front, side and rear yard dimensions shall be used to establish the applicable minimum setback dimensions. (See Article XXVIII, sections 45-2802 and 45-2803)

Sewage treatment plant. A facility receiving and treating sewage from the sanitary sewer system of the city or region.

Shipping container. See freight container.

Shooting range. A target range, enclosed within a building, for archery or firearms practice, training and competition.

Shopping center. A developed site designed and developed as an entity and containing a variety of commercial uses primarily oriented to retail and service.

Short-term rental. A lodging house and/or dwelling unit that is suitable and intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than thirty (30) consecutive days, in exchange for a charge and/or fee for the occupancy.

Small boat repair. Building and premises where minor and major mechanical work on boats and water craft, under twenty-five (25) feet in length, is undertaken, and no motor fuels are sold as retail.

Small cell facility. A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight (28) cubic feet, or such higher limit as is established by the Federal Communications Commission.

Small growing tree. A variety of tree, evergreen or deciduous, typically maturing at heights around twenty-five (25) to thirty-five (35) feet.

Special residential facility. A residence where care for not more than eight (8) mentally ill, intellectually or developmentally disabled persons reside with one (1) or more resident counselors or other staff persons and licensed by the Virginia Department of Behavioral Health and Developmental Services, or its successor; provided that mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in § 54.1-3401 of the Code of Virginia.

Story. That part of a building between the surface of a floor and the ceiling immediately above. For the purpose of this chapter, a basement is not considered to be a story.

Story, half. A story immediately under a sloping roof which has the point of intersection of the top line of the rafters and the face of the outside walls not to exceed three (3) feet above the top floor level, the floor area of which does not exceed two-thirds (⅔) of the floor area immediately below it, and which does not contain an independent apartment.

Street. The word "street" shall include streets, avenues, boulevards, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public highways in the city, and shall mean the entire width thereof between abutting property lines. It shall be construed to include a sidewalk or footpath, unless the contrary is expressed or such construction would be inconsistent with the manifest intent of the city council.

Street line. A dividing line between a lot, tract or parcel of land and a contiguous street. (See "lot line")

Street, private. A street located entirely on private property.

Street, public. A street that, by virtue of its use or ownership, is under the control of the City of Newport News, the Commonwealth of Virginia or the United States of America.

Structural alterations. A change in any of the supporting members of a building. (See alterations)

Structure, accessory. (See accessory structure)

Structure. Any construction or any production or piece of work artificially built or composed of parts joined together. The word "structure" specifically includes signs and billboards, but not paving such as driveways, walkways, patios, etc.

Tattooing. Placing a design(s), letter(s), scroll(s), figure(s), symbol(s) or any other mark(s) upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, by the aid of needles or any other instrument designed to touch or puncture the skin. Such services must be licensed by the Virginia Department of Professional and Occupational Regulation.

Tattoo establishment. Any establishment that offers or practices the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, including permanent jewelry and excluding permanent cosmetic tattooing, by the aid of needles or any other instrument designed to touch or puncture the skin. Such establishment must be licensed by the Virginia Department of Professional and Occupational Regulation.

Tattooing, permanent cosmetic. Placing marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin on the face, including but not limited to eyebrows, eyeliners, lip coloring, lip liners, full lips, cheek blush, eye shadow, and on the body for breast and scar repigmentation or camouflage; also known as permanent make-up or micropigmentation. Such services must be licensed by the Virginia Department of Professional and Occupational Regulation and shall be allowed as an accessory use in a tattoo establishment, barber/beauty shop, medical office or educational institution.

Tattoo parlor. A tattoo establishment.

Taxi stand. A designated location on a public street where taxis await customers leaving adjoining properties or establishments.

Temporary family health care structure. A transportable residential structure, providing an environment facilitating a caregiver's provisions of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one (1) occupant who shall be the mentally or physically impaired person, except that a married couple may reside therein when one such person is mentally or physically impaired and the other person requires assistance with one (1) or more activities of daily living as defined in Virginia Code § 63.2-2200, as certified in writing by a Commonwealth licensed physician; (iii) has no more than three hundred (300) gross square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law (Va. Code § 36-70 et seq.) and the Uniform Building Code (Va. Code § 36-97 et seq.). For purposes of this definition "caregiver" shall mean an adult who provides care for a mentally or physically impaired person within the Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom he is caring. For purposes of this definition "mentally or physically impaired person" shall mean a person who is a resident of Virginia and who requires assistance with two (2) or more activities of daily living, as defined in Va. Code § 63.2-2200, as certified in a writing provided by a physician licensed by the Commonwealth.

Transient. A person who resides temporarily within the city limits.

Transitional area. (See buffer area.)

Transmission lines. Major public or private pipelines not in public street and highway right-of-way including pumping stations and storage of water and wastewater, natural gas, propane gas, petroleum products, chemicals, slurry coal and any other gases, liquids or solids. Transmission lines shall also include overhead electrical transmission lines capable of transmitting sixty-nine (69) kilovolts or more, and electrical substations with a capacity of five thousand (5,000) kilovolt amperes or more.

Tree. Unless the context in which the word is used indicates otherwise, a tree is any living, self-supporting woody plant that usually produces one (1) main trunk.

Truck stop. An establishment (i) that is equipped with diesel islands intended for fueling of large motor vehicles; (ii) has sold, on average, at least fifty thousand (50,000) gallons of diesel or biodiesel fuel each month for the previous twelve (12) months, or is projected to sell an average of at least fifty thousand (50,000) gallons of diesel or biodiesel fuel each month for the next twelve (12) months; (iii) has parking spaces dedicated to large motor vehicles; (iv) has a convenience store; and (v) is situated on not less than three (3) acres of land that the establishment owns or leases.

Use, accessory. (See accessory use)

Use, principal. The fundamental purpose(s) for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied or maintained.

Vape shop. A commercial retail establishment where twenty (20) percent or more of the gross retail inventory, display space, or sales revenue is comprised of electronic cigarette (e-cigarette) products, vape products, vaporizers, liquids (e-liquids), cartridges, accessories, and related paraphernalia. Vape products include any device that can be used to deliver aerosolized or vaporized substances to the user's respiratory system, including e-cigarettes, e-cigars, e-pipes, vape pens, and other similar devices. This definition excludes establishments primarily engaged in the sale of general consumer goods or convenience items, where vape products make up less than twenty (20) percent of inventory, display space, or sales revenue.

Vegetative density. The minimum number of trees and shrubs required per four hundred (400) square feet of transitional buffer area (created by a twenty-foot by twenty-foot grid, excluding approved improvements, easements, or accessways).

Vehicle. Every device in, on or by which any person or property is or may be transported or drawn on a highway or street, except devices moved by human power or used exclusively on stationery rails or tracks.

Veterinary facility. An establishment of licensed veterinary practitioners primarily engaged in the practice of veterinary medicine, dentistry or surgery for animals, with or without outside cages or runs.

Water reservoir. An impoundment for storing water prior to treatment by a public utility.

Water treatment plant. A facility receiving raw water, treating it and storing the treated water on-site.

Wireless facility. Equipment at a fixed location that enables wireless communication between user equipment and a communications network.

Yard. An open space between a building or use and the adjoining lot lines, unoccupied or unobstructed by any portion of a structure or use from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the building or yard shall be applied.

Yard, front. Open land area extending across the full width of a lot and lying between the front lot line and the principal building(s) or use(s). (See Article XXVIII, sections 45-2802 and 45-2803).

Yard, rear. Open land area extending across the full width of the lot and lying between the rear lot line and the principal building(s) or use(s).

Yard, side. Open land area between the side lot line and the principal building(s) or use(s), and extended from the front yard to the rear yard.

Yard, required. The open land area between the minimum setback lines required in a zoning district, and the lot lines.

Zoning administrator. Appointed by the Director of Planning for the City of Newport News, Virginia to enforce the provisions of this chapter. During any vacancy in office of the Zoning Administrator, the Director of Planning shall serve in the capacity of Zoning Administrator.

Zoning map. The official map or maps, together with all subsequent amendments which are adopted by reference as a part of this Zoning Ordinance and which delineate zoning district boundaries.

(Ord. No. 5028-97, § 1; Ord. No. 5199-98; Ord. No. 5201-98; Ord. No. 5209-98; Ord. No. 5232-98; Ord. No. 5263-99; Ord. No. 5334-99, § 1; Ord. No. 5354-99, § 1; Ord. No. 5393-00, § 1; Ord. No. 5394-00, § 1; Ord. No. 5400-00, § 1; Ord. No. 5420-00, § 1; Ord. No. 5421-00, § 1; Ord. No. 5528-00, § 1; Ord. No. 5560-01, § 1; Ord. No. 5630-01, § 1; Ord. No. 5722-02, § 1; Ord. No. 5779-02, § 1; Ord. No. 6173-05, § 1; Ord. No. 6268-06, § 1; Ord. No. 6330-07, § 1; Ord. No. 6566-09, § 1; Ord. No. 6726-10, § 1; Ord. No. 6740-10, § 1; Ord. No. 6780-11, § 1; Ord. No. 6793-11, § 1; Ord. No. 6801-11, § 1; Ord. No. 6888-12, § 1; Ord. No. 6891-12, § 1; Ord. No. 6993-13, § 1; Ord. No. 7000-13, § 1; Ord. No. 7065-14, § 1; Ord. No. 7091-14, § 1; Ord. No. 7102-14, § 1; Ord. No. 7180-15, § 1; Ord. No. 7217-15, § 1; Ord. No. 7219-15, § 1; Ord. No. 7246-16, § I; Ord. No. 7255-16, § I; Ord. No. 7334-16, § 1; Ord. No. 7365-17, § 1; Ord. No. 7465-18, § 1; Ord. No. 7533-19, § 1; Ord. No. 7542-19, § 1; Ord. No. 7763-22, § 1; Ord. No. 7805-22, § 1; Ord. No. 7913-23; Ord. No. 7938-23, § 1; Ord. No. 7958-24, § 1; Ord. No. 8017-24, § 1; Ord. No. 8107-25, § 1)