Occoquan City Zoning Code
GENERAL PROVISIONS
§ 157.001 PURPOSE AND LEGISLATIVE AUTHORITY.
This chapter is adopted for the purpose of protecting and promoting the public health, safety, and general welfare in the town and accomplishing the goals, policies, and programs of the Comprehensive Plan. This chapter is established in accordance with the provisions of VA Code §§ 15.2-2280 et seq. to: provide for regulations governing nonconforming uses and structures; provide a Board of Zoning Appeals and for its powers and duties; provide for permits; establish and provide for the collection of fees; provide for the administration of this chapter and for the official whose duty it shall be to enforce the provisions of this chapter; provide penalties for the violation of this chapter; and provide for conflicts with other ordinances or regulations.
(1998 Code, § 66-1) (Ord. passed 9-5-2017)
§ 157.002 ASSUMPTION OF VALIDITY OF CONDITIONS OR LIMITATIONS.
Whenever any condition or limitation is included for a conditional use permit, variance, zoning permit, certificate of occupancy, site plan, or subdivision approval, it shall be conclusively presumed that the authorizing officer or body considered such condition or limitation necessary to carry out the spirit and purpose of this chapter or the requirement of some provision of this chapter, and to protect the public health, safety, and welfare, and that the officer or Board would not grant the authorization to which the condition or limitation pertains except in the belief that the condition or limitation was lawful.
(1998 Code, § 66-2) (Ord. passed 9-5-2017)
§ 157.003 RELATIONSHIP TO OTHER LAWS.
Whenever regulations or restrictions imposed by this chapter are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rule, or regulation, the regulations, rules, or restrictions that are more restrictive or which impose higher standards or requirements shall govern. Regardless of any other provision of this chapter, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation.
(1998 Code, § 66-3) (Ord. passed 9-5-2017) Penalty, see § 10.99
§ 157.004 SCOPE OF CHAPTER.
(A) No building shall be erected and no existing building shall be moved, altered, added to, or enlarged, nor shall any land or building be used, designed, or arranged to be used for any purpose other than as included among the uses listed as permitted in the district in which such building or land is located, nor in any manner contrary to any other requirements specified in this chapter.
(B) The regulations listed for each district are hereby adopted and prescribed for each district and shall be deemed to be the minimum requirements in every instance of their application, subject to the provisions of other parts of this chapter.
(1998 Code, § 66-4) (Ord. passed 9-5-2017) Penalty, see § 10.99
§ 157.005 ADOPTION OF ZONING MAP.
(A) The incorporated territory of the town is divided into districts as set forth and indicated on the map entitled “Zoning Map”, which map, properly identified and dated, is adopted as a part of this chapter insofar as it indicates such designations, locations, and boundaries; and the map shall be deemed to be as much a part of this chapter as if the information set forth on the map were fully described and incorporated in this chapter.
(B) The Zoning Map is available at Town Hall and on the town website.
(1998 Code, § 66-5) (Ord. passed 9-5-2017)
§ 157.006 INTERPRETATION OF COMPREHENSIVE PLAN, THIS CHAPTER, AND MAP.
(A) The town’s Comprehensive Plan is intended to be no more than a textual and visual statement of goals and policies that will guide public actions, including land use regulation.
(B) This chapter, in addition to the Zoning Map of the town comprise the only definitive statement of land use.
(1998 Code, § 66-6) (Ord. passed 9-5-2017)
§ 157.007 ZONING MAP.
The Zoning Map serves as the best and most practical implementation of land use objectives of the town and supersedes all zoning maps and Comprehensive Plan maps in existence on the effective date of the ordinance from which this section derives.
(1998 Code, § 66-7) (Ord. passed 9-5-2017)
§ 157.008 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Additional definitions specific to their application in a division may be found in §§ 157.152 and 157.175. Sign definitions contained in § 157.301 also apply to this chapter.
ABANDON. To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
ABATTOIR. A commercial slaughterhouse.
ABUTTING/ADJOINING. Having a common point or border; having property or district lines in common. Properties separated from such a common border by public street or railroad right-of-way, and the like, shall be deemed adjacent but not be deemed ABUTTING. Property separated by an alley shall be deemed to ABUT.
ACCESSORY BUILDING USE OR STRUCTURE. A separate building, use, or structure on the same lot with and customarily incidental to the principal use of the parcel or principal structure.
ACCESSWAY. Landscaped strip of land intended for the passage of pedestrians but not vehicles.
ACREAGE. Parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat.
ACTIVE STORAGE. The holding or safekeeping of goods in an area for use as a part of the routine operation of the business.
ADULT BUSINESS. Any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matters relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons.
ADULT DAY-CARE FACILITY. A facility operated for the purpose of providing care, protection, and guidance to adults during normal business hours. No overnight facilities permitted.
ADULT ENTERTAINMENT. Dancing, modeling, or other live entertainment, if the entertainment is characterized by an emphasis on specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CDs, DVDs, streaming video, or other media that are characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas.
ADULT MERCHANDISE. Magazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CDs, DVDs, virtual reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs; or, lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.
ADULT MODEL STUDIO. A commercial establishment, including a lingerie store or novelty store, in which a person performs or simulates specified sexual activities, exposes specified anatomical areas, or engages in other performances intended for the sexual stimulation or titillation of patrons.
ADULT MOTEL. A motel, hotel, or similar commercial establishment that: provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and advertises the availability of this sexually-oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio, or television; offers a sleeping room for rent for a time period less than ten hours; or allows a tenant or occupant to subrent the sleeping room for a time period of less than ten hours.
ADULT MOVIE THEATER. An enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons, excluding movies that have been rated “G”, “PG”, “PG-13”, or “R” by the Motion Picture Association of America.
ADULT NIGHTCLUB. A restaurant, bar, club, or similar establishment that regularly features adult entertainment.
ADULT STORE. An establishment dealing in adult merchandise as a principal portion of its business.
ALLEY. A permanent service right-of-way providing a secondary means of access to abutting properties.
ALTERATION. Any change, reduction, or addition to part or all of the exterior of any structure including, but not limited to, color, height, floor area, use, or adaptability.
APARTMENT HOUSE. See DWELLING, MULTIFAMILY.
ARCHITECT. An individual who is qualified to engage in the practice of architecture as attested by the issuance of a currently valid license to such person as an architect by the State Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects.
ARCHITECTURAL FEATURES. The exterior details of a building, created by the type of construction, the manner of assembly of the materials and the use of decorative details that establishes the overall appearance, period, and style of the structure but are generally not necessary for the structural integrity of the structure. FEATURES include, but are not limited to, fanlights, cornice designs, corner boards, window trim, gingerbread, and similar such items.
ASSEMBLY or ASSEMBLING. Conversion of finished material and/or subcomponents into a major product or component.
ASSEMBLY, PLACE OF. Land and/or structures used as a meeting place where persons gather together for purposes of attending civic, social, and/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, stadiums, or indoor or outdoor recreational facilities. Excluded are public dance halls and restaurants 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.
AUTO SERVICES. A facility where motor vehicle maintenance and repairs are conducted for compensation, such as body work, welding, painting, motor repairs, detailing, upholstery, installation of accessories, and like activities, but not including storage of junk vehicles.
BANK. Any establishment in which the primary business is concerned with state regulated activities, including banking, savings and loans, and consumer loan companies. A bank may not have a drive-in window.
BASEMENT. A story partly underground having more than half its floor-to-ceiling height below grade.
BED AND BREAKFAST. An owner or operator-occupied, single-family detached dwelling containing no more than one kitchen and ten or fewer guest rooms, occupied for sleeping purposes by guests for compensation with at least one meal being offered to guests of the establishment.
BIG BOX. A large single occupant building or unit used for retail or wholesale purposes exceeding 80,000 square feet of gross floor area located in a building or unit, or within a building group of less than five units connected by party walls, partitions, canopies, and similar features, and designed as a single or freestanding commercial use or group, which may be included or be part of a shopping center, possibly sharing parking areas and vehicular travel ways with other buildings or uses and which may be connected by walkways and access ways to other buildings or uses.
BOARDINGHOUSE. A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.
BUILDING. Any enclosed or open structure other than a tent or mobile home having a roof supported by columns or walls designed to support, shelter, house, or enclose persons, animals, or property of any kind.
BUILDING, HEIGHT OF. The vertical distance measured from the average elevation ten feet out from the finished grade adjoining the building on all exterior walls to the highest point of the roof for a flat roof or to the mean elevation between the main eaves and highest ridge or point of other types of roof. The term ACTUAL HEIGHT OF BUILDING as used in this chapter shall not be deemed to include any part of a building wall erected above a flat roof for the purpose of creating a false mansard or parapet to screen rooftop mechanical equipment or housings from public view.
BUILDING, MAIN. A building in which the principal use of the lot is conducted.
BUILDING/CODE OFFICIAL. The person appointed by the Town Council who issues the building permits for the structural design, construction, alteration, reconstruction, repair, restoration, demolition, or razing of all or part of any building. It includes a DEPUTY BUILDING/CODE OFFICIAL.
BUILDING PERMIT. An approval statement signed by the Zoning Administrator and the code official authorizing the construction, alteration, reconstruction, repair, restoration, demolition, or razing of all or a part of any building.
BUILDING REPAIR. Any or all work involving the replacement of existing architectural or structural components with equivalent material for the purpose of maintenance, but not including any addition, change, or modification in construction.
CARNIVAL. An aggregation of shows, amusements, concessions, eating places, and riding devices, or any combination thereof, operated together on one lot or street or on contiguous lots or streets, moving from place to place, whether or not they are owned and actually operated by separate persons.
CERTIFICATE OF APPROPRIATENESS. The approval statement signed by the Architectural Review Board which certifies the appropriateness of a particular request for the construction, alteration, reconstruction, repair, restoration, moving, relocation, demolition, or razing of all or part of any building within the historic district, subject to the issuance of all other permits needed for the matter sought to be accomplished.
CHILD CARE FACILITY. Any enterprise or facility operated for the purpose of providing care, protection, and guidance for more than five children separated from their parents or guardians during a part of a day. No overnight facilities permitted.
CHURCH. See ASSEMBLY, PLACE OF.
CIRCUS. A traveling or transportable show or exhibition of performances by persons and animals under at least one tent or similar structure with or without other sideshows.
CLUB or LODGE. A facility used by a group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws. CLUBS and LODGES may engage in any activity that is consistent with nonprofit status.
COMMERCIAL AMUSEMENT/RECREATION FACILITY. Any establishment where for coin, slug, ticket, pass, token, or other compensation more than five devices such as pinball, billiards, pool, foosball, table tennis, shuffleboard, electronic or video game, or any other game of recreation or amusement are displayed for public patronage, and/or any courts, fields, or arena designed for commercial lease on an hourly, daily, or event basis for athletic activity such as basketball, hockey, skating, virtual reality games, wrestling, or other such sports or athletic activities not under the control of a public or semipublic agency.
CONDOMINIUM. A group of dwellings, offices, or stores situated on a single lot wherein ownership of individual units is conveyed separately with an undivided vested interest in the common elements pertaining to that unit as defined under the Condominium Act (VA Code §§ 55-79.39 et seq.) or any successor law.
CONGREGATE/CONTINUING CARE FACILITY. A housing project designed for the care of ambulatory elderly persons, with spouses or companions when applicable. Such FACILITIES shall provide a community atmosphere by providing amenities for the residents including, but not limited to, a minimum of one prepared meal per day in a central dining area, recreational areas, social activities, and 24-hour staffing, in addition to other conditions as may be required by the special use permit to minimize impact on surrounding residential communities.
CONSTRUCTION STANDARDS. The technical design standards as outlined in this chapter, and the County Design and Construction Standards Manual, as adopted periodically.
DEAD STORAGE. Holding or safekeeping goods in a warehouse or other depository to await the happening of some future event or contingency, which will call for the removal of the goods.
DEMOLITION. The dismantling or tearing down of all, or part, of any building and incidental accessory buildings.
DOMESTICATED ANIMAL. Any dog or cat over four months of age that is maintained for companionship on residential property.
DRIVEWAY. The space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street.
DUPLEX. A building situated on a single lot and containing two dwelling units structurally attached, each having separate entrances.
DWELLING, ACCESSORY. A dwelling unit that is an accessory use to a detached single-family dwelling unit (or in the B-1 district, a use permitted by right or by special exception). An accessory dwelling may only be located in the same structure as, or in an accessory building located on the same lot as, the primary use to which the accessory dwelling is an accessory use. An accessory dwelling may not exceed 750 square feet of inhabitable space and may have only one bedroom. An accessory dwelling must meet all setback and yard requirements except as otherwise specifically provided in this chapter.
DWELLING, ATTACHED. One of a series of three or more dwelling units separated from one another by common party walls without openings, i.e., townhouses.
DWELLING, DETACHED SINGLE-FAMILY. A detached dwelling designed for occupancy by only one family and not attached, duplex, or semidetached.
DWELLING, MULTIFAMILY. A building, or portion of a building, designed for occupancy by three or more dwelling units with shared principal entryways, including rental apartments and apartment condominiums.
DWELLING, SEMIDETACHED. A dwelling having a party wall in common with another dwelling but which otherwise is designed to be and is substantially separate from any other structure or structures except accessory buildings.
DWELLING UNIT. A room, or interconnected rooms, constituting a separate independent housekeeping establishment intended for permanent, full-time human occupancy and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
EASEMENT. A grant or reservation by a property owner to another person for the use of a specified portion, or all, of his or her property for a specific purpose, without including title to the property.
EATING PLACE. See RESTAURANT.
ENGINEER. An individual who is qualified to engage in the practice of engineering or land surveying as attested by the issuance to such person of a currently valid license as a professional ENGINEER by the State Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects.
FAMILY.
(1) May be any of the following:
(a) An individual;
(b) Two or more persons related by blood, marriage, adoption, or guardianship, living and cooking together as a single housekeeping unit, exclusive of not more than one additional non-related person;
(c) A number of persons, not exceeding three, living and cooking together as a single housekeeping unit though not related by blood, marriage, adoption, or guardianship; or
(d) Not more than two unrelated persons and their dependent children living and cooking together as a single housekeeping unit.
(2) Any family meeting one of the four definitions in divisions (1)(a) through (1)(d) above may have up to four residential guests, as defined in this section. Also see GROUP HOME.
FAMILY DAY CENTER. A dwelling unit providing as an accessory use in return for compensation, care, protection and/or guidance for more than five children under the age of 13, separated from their parents or guardian during a part of a day, exclusive of the provider’s own children and any children who reside in the structure as part of the family residing there and meeting the definition of family.
FAMILY DAY HOME. A dwelling unit providing as an accessory use in return for compensation, care, protection, and/or guidance for five or fewer children under the age of 13, separated from their parents or guardians during a part of a day, exclusive of the provider’s own children and any children who reside in the structure as part of the family residing there and meeting the definition of family.
FLOOR AREA, LEASABLE. Gross floor area less area devoted to common corridors, stairs, elevators, utility spaces, enclosed parking areas, and general maintenance spaces.
FOOD TRUCK. Any modular unit, trailer, or self-propelled motor vehicle (such as a truck, bus, van, camper, or semitrailer truck), not located on a permanent foundation, and used for the purpose of dispensing in exchange for compensation, food, and/or beverages to the public from the unit.
FRONTAGE. See LOT FRONTAGE.
FUNERAL HOME. A structure designed specifically for the purpose of conducting the ritual ceremonies held in connection with the burial of the dead.
GARAGE, PRIVATE. An accessory building or space within a dwelling unit designed or used for the storage of not more than three automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multifamily dwelling, a GARAGE may be designed and used for the storage of one and one-half times as many automobiles as there are dwelling units.
GASOLINE STATION. A facility for the retail sale and direct delivery to motor vehicles of fuel, lubricants, minor accessories, and including the sale of cigarettes, candy, soft drinks, and related items for the convenience of the motoring public.
GROUP HOME. A residential facility in which no more than eight mentally ill, mentally retarded, or developmentally disabled persons reside, with one or more resident counselors or other staff persons. The terms MENTAL ILLNESS and DEVELOPMENTAL DISABILITY shall not include current illegal use of or addiction to a controlled substance as defined in VA Code § 54.1-3401 or any successor statute. The residential facility, to qualify as a GROUP HOME, must have a license from the State Department of Mental Health, Mental Retardation and Substance Abuse Services. For all purposes of this chapter, a GROUP HOME is a single-family dwelling.
HISTORIC DISTRICT. An area designated by the Town Council as an overlay district within which are found:
(1) Historic landmarks as established by the State Board of Historic Resources;
(2) Any historic structure;
(3) Any historic areas;
(4) Areas of unique architectural value located within designated conservation, rehabilitation, or redevelopment districts; and/or
(5) Parcels of land contiguous to arterial streets or highways found by the Town Council to be significant routes of tourist access to the locality or to designated historic landmarks, buildings, structures, or districts in the town or a contiguous locality.
HOME BUSINESS. Any commercial activity that is conducted within a dwelling unit as an occupation accessory use to the principal residential use and that does not adversely impact or change the character of the neighborhood. A HOME BUSINESS occupation is permitted only with a home occupation certificate issued by the town and subject to the standards of § 157.010.
HOMESTAY. An accessory use of a residential dwelling unit (including an accessory dwelling), or portion thereof, intended for short-term rental as transient lodging in exchange for a charge for the occupancy. The primary use of the dwelling unit shall remain residential.
HOSPITAL. An institution that renders two or more of the following services: medical and surgical services with associated bed space; obstetrical or convalescent care; or urgent care services, including nursing homes and sanitariums.
HOSPITAL, ANIMAL. A building designed or occupied for the medical care of animals with ancillary overnight supervision of animals in recovery.
HOTEL. Any facility, with or without separate cooking facilities within individual units, where overnight lodging is provided to the public with compensation on a nightly, weekly, or monthly basis for a period of less than 91 nights per individual per year. This definition includes HOTELS and MOTELS.
JUNKYARD. Any land or building used for the storage, keeping, collecting, or baling of paper, rags, scrap metals, other scrap, or discarded materials, or for the storage of automobiles or other vehicles not in running condition or the storage of machinery or parts thereof.
KENNEL. Any place where for hire, as part of the customary and routine activity of the premises, more than two dogs, or five cats, that are more than four months of age are kept for the purpose of providing care, protection, guidance, breeding, training, or exercise.
LIBRARY. Any place where books are loaned, with or without compensation, as a major part of the enterprise operated on the premises.
LOT. A parcel of land created by a metes and bounds description or plat of subdivision meeting minimum zoning requirements for area, coverage, setbacks, and other spaces as required at time of recordation.
LOT AREA. The total horizontal area included within lot lines.
LOT, CORNER. A lot abutting upon two 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 FRONTAGE. The distance measured from side lot line to side lot line, along a line parallel to the street line at the required minimum front yard depth.
LOT, INTERIOR. Any lot other than a corner lot.
LOT LINE. Any line or curve in the boundary of a lot.
LOT LINE, FRONT. A street right-of-way line which forms the boundary of a lot, or in the case where a lot does not abut a street other than by its driveway, or is a through lot, that lot line which faces the principal entrance of, or approach to, the main building. On a corner lot, the shorter street right-of-way line shall be deemed to be the FRONT LOT LINE, regardless of the location of the principal entrance, or approach to the main building. On a corner lot, when sides abutting the streets are of equal length, the lot shall be considered to front on that street having the longest frontages within the same block. When frontage is on more than one street, all lot lines not otherwise defined as a FRONT LOT LINE shall be considered side lot lines.
LOT LINE, REAR. The lot line which is generally opposite the front lot line. If the lot is irregular in shape the following criteria will be used to determine the REAR LOT LINE:
(1) If a REAR LOT LINE is less than ten feet in length, or if the side lot lines come to a point at the rear, the REAR LOT LINE shall be deemed to be a line drawn parallel to the front lot line, that is not less than ten feet long, lying wholly within the lot and located as far as possible from the front lot line;
(2) If the lot has more than four contiguous lot lines that are not parallel to the front lot line, but all are greater than ten feet in length, the REAR LOT LINE shall include all the lot lines that have a beginning point greater than 65 feet from the front line and have an interior angle of 135 degrees or less; and
(3) Any lot line ten feet or less that has both ends intersecting with two lot lines with the same designation shall be deemed as being part of the same line.
LOT LINE, SIDE. Any lot line not otherwise defined as a front or rear lot line.
LOT OF RECORD. A lot which has been legally recorded in the Clerk’s office.
LOT, THROUGH. An interior lot, fronting on two parallel or approximately parallel streets.
LOW-INTENSITY PROFESSIONAL, MEDICAL OFFICE OR FACILITY. A facility where there are no more than three clients on premises at a time.
MANUFACTURED HOME. A structure subject to federal regulation that is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on-site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. For purposes of this chapter, a MANUFACTURED HOME must meet the standards promulgated by the United States Department of Housing and Urban Development (HUD), published at 24 C.F.R. part 3280, including the ANSI standards incorporated therein by reference. For purposes of this chapter, a MANUFACTURED HOME must bear a data plate declaring that it meets HUD standards. A recreational vehicle does not meet the definition of a MANUFACTURED HOME.
MANUFACTURING. The processing and/or converting of raw, unfinished materials, or products into articles or substances of different character for a different purpose.
MEDICAL USE. A facility providing emergency or nonemergency medical care, including surgery to patients on an outpatient basis.
MIXED USE DEVELOPMENT. Property that incorporates two or more different uses, and may include a variety of housing types, within a single development.
MOBILE HOME. See MANUFACTURED HOME.
MOBILE OR MANUFACTURED HOME PARK OR SUBDIVISION. Any area designed to accommodate two or more independent mobile or manufactured homes intended for residential use where residence is in mobile or manufactured homes exclusively.
MORTUARY or MORGUE. A place where dead human bodies are prepared or kept for identification prior to arrangement for burial.
MOTEL. See HOTEL.
NONCONFORMING LOT. An otherwise legally platted lot that has less than the minimum specifications required by this chapter, either on the effective date of this chapter or at the date of subsequent amendments to this chapter.
NONCONFORMING STRUCTURE. An otherwise legal building or structure not complying with minimum lot area, yard, height, lot coverage, or other area or dimensional requirements of this chapter, either on the effective date of this chapter or at the date of subsequent amendments to this chapter.
NONCONFORMING USE. A use that was legal upon its inception but does not conform to the use regulations of this chapter, either on its effective date or at the date of subsequent amendments to this chapter.
OFFICE BUILDING. A facility in which the administrative activities, record keeping, clerical work, and other similar affairs of a business, professional service, industry, or government are conducted and, in the case of professions such as dentists, physicians, lawyers, or engineers, the facility where such professional services are rendered.
OFF-SITE. All area and structures not falling within the boundary of the land to be developed or under review.
ON-SITE. All land and structures falling within the boundary of the land to be developed, or contiguous, under the same ownership, and with a common plan of development.
OPEN SPACE. Land area set aside for recreation, landscaping, or natural preservation and not used for residences or business activities. OPEN SPACE may not be occupied by a patio, deck, or other structure. OPEN SPACE on which an approved landscaping plan is in effect is considered LANDSCAPED OPEN SPACE.
PARKING STRUCTURE, MULTILEVEL. A structure with multiple stories designed for the parking of passenger vehicles.
PATIO. An exterior living space designed and constructed in a manner that no portion of it is more than eight inches above the adjacent yard surfaces. For the purpose of this chapter, a PATIO is not a structure nor can any part of it be counted as landscaped space. A PATIO may intrude into a required side or rear yard no more than six feet. A PATIO intruding into the front yard is permitted as a stoop in front of the front door and may be no larger than sixteen square feet.
PERSON. Any individual, firm, corporation, partnership, association, company, business, trust, joint venture, organization, or other legal entity, by whatever term customarily known.
PERSONAL IMPROVEMENT SERVICE. A facility providing informational, instructional, and similar services for personal improvement. Typical uses include, but are not limited to, driving instruction, health or physical fitness studios, dance studios, handicraft, or hobby instruction.
PROFESSIONAL OFFICE. Any office for the practice of a profession including, but not limited to, architecture, engineering, law, medicine, psychology, theology, real estate, and accounting.
PUBLIC ACCESS EASEMENT. A right of ingress and egress granted by a property owner over his or her privately owned land for the use of the public to travel to a public street in which right to enjoyment is vested in the public generally or in an entire community.
PUBLIC DANCE HALL. The use of any structure, or structure and premises, open to the general public on a regular basis regardless of whether or not an admission fee is charged, where dancing, or the rhythmic movement of body and feet ordinarily accompanied by music, is permitted and the occupancy load of the premises is greater than 50 persons.
PUBLIC USE. Any holding, use, or control, exclusively for public purposes, of any facility, place, site, or structure by any department or branch of government of the federal government, state, or any political subdivision, public authority, or school board, or any combination thereof.
PUBLIC UTILITY. A business or service having an appropriate franchise from the state engaged in regularly supplying the public with a commodity or service of public consequence and need such as electricity, gas, water, sanitary sewer, stormwater management, transportation, or communications.
RECONSTRUCTION. Work required to remake or rebuild all or a part of any building to a sound condition, but not necessarily using original materials.
RECREATIONAL VEHICLE. Any vehicle, trailer, or semitrailer designed for human occupation and not meeting the definition of manufactured home and is not meant for permanent occupancy.
RESIDENTIAL GUEST. Any person not included in the definition of family who sleeps, eats, or otherwise is sheltered by the legal family unit for a period of not more than 30 consecutive days, or 104 calendar days in a single calendar year and who does not compensate the legal family unit for room or board except to defray actual expenses incurred.
RESTAURANT. A building designed or altered, in whole or part, for the purpose of preparation and serving of food and/or beverage for consumption on the premises in exchange for compensation, except for an establishment that meets the definition of “drive-through restaurant” or “public dance hall restaurant” below. At no time shall a RESTAURANT dispense food directly to persons in a vehicle.
RESTAURANT, DRIVE-THROUGH. A building designed or altered, in whole or part, to cater to or accommodate the consumption of food and/or beverage on premises, and to customers awaiting the dispensing of such food while in their motorized vehicles, in exchange for compensation.
RESTAURANT, PUBLIC DANCE HALL. A formal or informal restaurant with an occupancy load of more than 50 persons and which meets the definition of “public dance hall” above.
RESTORATION. Work connected with the returning to or repair of a building, or a part of any building, to its original condition through the use of original or nearly original materials.
RETAIL STORE. A building in which merchandise is displayed and sold or personal services rendered to the general public, including an aerobic and dance studio, hardware store, or wellness
facility, but not including an adult business, big box, commercial amusement/recreation facility, dead storage, gasoline station, hospital, animal hospital, junkyard, kennel, massage establishment as defined in § 112.02 of this code, multilevel parking structure, restaurant, truck terminal.
ROOFTOP SOLAR FACILITY. A solar electrical or thermal facility that is integrated into or mounted on the wall or roof of a primary or accessory structure.
ROOMING HOUSE. See BOARDINGHOUSE.
SEMIPUBLIC. Any nonprofit use of a building, facility, structure, or land area by the general public for civic or philanthropically oriented uses not under the general supervision or responsibility of a government or governmental franchised utility. This term includes civic center, cultural arts, and similar activities.
SERVICE STATION. See GASOLINE STATION.
SETBACK. The minimum distance by which a structure must be separated from a lot line, measured from the nearest vertical wall of the structure to the property line. The term “nearest vertical wall” does not include bay windows, chimneys, eaves, and similar architectural features no more than two feet in depth. For portions of structures without vertical walls, such as decks, the SETBACK is measured to the nearest corner or edge of the structure instead.
SHELTER, RESIDENTIAL. A structure operated not for profit, and licensed by the State Welfare Division as transient housing providing short-term or long-term occupancy by more than eight residents, with associated administrative offices.
SITE PLAN, FINAL. A plan delineating the overall scheme of development of a tract of land, including, but not limited to, grading, engineering design, construction details, survey data for existing and proposed improvements, public utility, storm drainage, landscaping, lighting detail, and erosion and sediment control plans.
SITE PLAN, PRELIMINARY. A plan showing the proposed general layout, the general location of the various types of land uses, the proposed number of dwelling units and layout of lots, general location of streets, and a plan showing the location of recreational spaces, parks, schools, and other public or community uses, where applicable.
SOLAR ENERGY FACILITY. A facility consisting of activities, applications or devices designed to convert sunlight into electricity for storage and/or distribution from one property to others through the transmission grid except for facilities meeting the definition of rooftop solar facilities.
SPACE, LOADING. Any off-street parking space designed, designated, and available for loading and unloading of bulk goods.
SPACE, OFF-STREET PARKING. A space adequate for the temporary storage of a motor vehicle with room for opening doors on both sides, together with properly related access to a public street and maneuvering room, all located outside the dedicated street right-of-way.
SPECIAL EXCEPTION. A use or activity which is not permitted by the provisions of this chapter within a specific zoning district, without being reviewed and authorized by legislative action of the Town Council through the issuance of a special use permit.
SPECIAL USE PERMIT. A permit issued by the Town Council for a special exception after determining such permit to be in keeping with the provisions and intent of this chapter.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or, if it is the topmost story, the portion included between the surface of its floor and the ceiling next above it.
STORY, HALF. A story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STREET. A strip of land, including the entire right-of-way intended to be dedicated for use as a means of vehicular and pedestrian circulation by the public at large. The term STREET includes avenues, boulevards, highways, roads, bridges, and the approaches thereto and all other public thoroughfares, but not alleys, in the town, and shall mean the entire width thereof between abutting property lines.
STRUCTURE. Any assembly of materials forming a construction or fixture for occupancy or use on, under, or over (or any combination thereof) land or water including, but not limited to, stadiums, tents, reviewing stands, platforms, stages, observation towers, telecommunications towers, solar energy devices, water tanks, trestles, piers, wharfs, swimming pools, storage bins, fences, private or public utility lines and other facilities, signs, buildings, parking lots, driveways, decks, gasoline pumps and pump islands, underground storage tanks, stormwater management and retention facilities. The word STRUCTURE shall be construed as though followed by the words “or parts thereof” unless the context clearly requires a different meaning. The word STRUCTURE includes the word BUILDING.
STRUCTURE, CONTRIBUTING. Any structure more than 50 years old at the time under consideration and that represents the period in which it was built by material, design, or other physical features, or is a place of significance that preserves, protects or enhances the character of the historic district in which it is located as determined by the Zoning Administrator.
STRUCTURE, HISTORIC. Any building or physical improvement built before 1900.
STRUCTURE, NON-CONTRIBUTING. Any structure found within a historic overlay district that has not been identified and listed on the historic district structures list adopted by the Town Council.
SUBDIVISION. Any division or re-division of a lot, tract, or parcel of land into lots, tracts, or parcels for the purpose of recordation of any single division and subject to the provisions of Chapter 156 of this code, as amended.
TEMPORARY PHOTOVOLTAIC FACILITY. One or more photovoltaic panels, not permanently affixed to the ground or to any structure, not exceeding ten square feet in the total area of all panels on a single parcel, and not connected to the electrical grid.
TEMPORARY TRAILER. Any trailer or portable manufactured unit designed for human occupation and not meeting the definition of manufactured home, and not meant for permanent occupancy, used as a temporary office for the sale or lease of on-site housing and/or commercial units and/or for use as offices for construction actively taking place on the property.
TOWNHOUSE. See DWELLING, ATTACHED.
TRAVEL TRAILER. See RECREATIONAL VEHICLE.
TRUCK TERMINAL. A structure and site designed and used primarily for the loading, unloading, storage, refueling, and maintenance (limited to the changing of tires, fuses, and lights) of tractor trailers or other commercial vehicles.
UTILITY SOLAR FACILITY. A solar array consisting of one or two panels for the sole purpose of providing electricity to a traffic sign, utility installation or public facility.
VETERINARY. See HOSPITAL, ANIMAL.
WELLNESS FACILITY. A structure and use designed primarily to provide at least two of the following services: physical therapy; class instruction on physical fitness; aerobics; weight training; nutritional consultation; classes on personal hygiene; and similar activities.
WHOLESALE BUSINESS. A business selling merchandise to retailers, industrial, commercial, institutional, or professional business users, or to other wholesalers, but not including a “big box”, as defined herein.
YARD. An open area on a lot between the lot line and the building, measured from the nearest vertical wall of the building to the property line. The term “nearest vertical wall” does not include bay windows, chimneys, eaves, and similar architectural features no more than two feet in depth. A YARD shall be open space except as otherwise provided in this chapter.
YARD, FRONT. A yard provided along any street frontage for the full width of the lot and whose depth is measured from the street line perpendicular to the lot frontage to the nearest vertical wall of the structure. For portions of structures without vertical walls, such as decks, the yard is measured to the nearest corner or edge of the structure instead.
YARD, REAR. A yard provided between a structure and the rear lot line and measured perpendicular to the rear lot line to the nearest vertical wall of the structure. For portions of structures without vertical walls, such as decks, the yard is measured to the nearest corner or edge of the structure instead.
YARD, SIDE. A yard provided between a structure and the side lot line and measured perpendicular to the side lot line to the nearest vertical wall of the structure. For portions of structures without vertical walls, such as decks, the yard is measured to the nearest corner or edge of the structure instead.
YARD SALE, RESIDENTIAL. A limited customary accessory use permitted in all residential districts which includes display and noncommercial sales, for the disposal of personal property accumulated by the family of a residential unit for family use and not for resale.
ZONING ADMINISTRATOR. The public official charged with interpretation and enforcement of the provisions of this chapter.
ZONING CERTIFICATION. An official document signed by the Zoning Administrator, or the designated agent, that certifies a specific use, or construction on a specific parcel in the town is consistent with the provisions and conditions of this chapter. An official certification must contain notice of appeal as required under VA Code § 15.2-2311 or successor statute.
(1998 Code, § 66-8) (Ord. passed 9-5-2017; Ord. O-2022-04, passed 9-6-2022; Ord. O-2023-10, passed 6-6-2023; Ord. O-2024-03, passed 9-17-2024)
§ 157.009 DISCLOSURE OF INTERESTS.
(A) Any applicant for a special exception, a special use permit, an amendment to this chapter, or a variance shall make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors and in any case the names and addresses of all the real parties of interest. However, the requirement of listing names of stockholders, officers, and directors shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 stockholders. In the case of a condominium, the requirement shall apply only to the title owner, contract purchaser, or lessee if he or she owns 10% or more of the units in the condominium.
(B) The disclosure of interests shall be made under oath, notarized, and provided to the body receiving the application simultaneously with the submission of the application.
(1998 Code, § 66-9) (Ord. passed 9-5-2017) Penalty, see § 10.99
§ 157.010 HOME OCCUPATION CERTIFICATE.
A home occupation certificate shall be required for all home business occupations and is subject to the following standards.
(A) The operation of the home occupation must be conducted entirely within the dwelling unit (not in any accessory structure, i.e. detached shed/garage, unless the accessory structure is being used as a lawful accessory dwelling unit) by the owner/occupant residing in the dwelling and shall not change the character of the dwelling unit nor exhibit any exterior evidence of nonresidential use. No outside storage shall be permitted. Commercial deliveries and pickups of supplies associated with the home occupation shall not be made between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on Saturdays, Sundays and legal holidays. No employee or customer may come to a home occupation conducted within an accessory dwelling unit.
(B) No additional signs, freestanding or otherwise, shall be permitted on the property or on the exterior of the dwelling unit besides those permitted by § 157.320 Table 1.
(C) The storage of materials, merchandise or equipment on the property is limited to nontoxic or nonhazardous materials in quantities customarily found within a residential dwelling and necessary to conduct the home business occupation.
(D) One marked company vehicle shall be permitted. A marked company vehicle is a vehicle that is externally marked with any commercial markings. A company vehicle is a passenger motor vehicle or light duty truck less than 7,500 pounds gross vehicle weight exclusively used in a business or commercial activity and shall not include any of the following: contractor's equipment or other heavy equipment; a garbage truck; tractor; trailer of a tractor-trailer truck; flatbed truck; dump truck; tow truck; passenger bus; cement truck; and step vans. The marked company vehicle must be kept in a garage or accessory building.
(E) The area devoted to the home occupation shall not exceed 25% of the gross floor area of the dwelling unit.
(F) The home occupation certificate shall terminate on the earlier to occur of:
(1) The termination of the home occupation; or
(2) The applicant becoming a resident at a different location.
(1998 Code, § 66-10) (Ord. passed 9-5-2017; Ord. O-2019-05, passed 3-5-2019; Ord. O-2024-03, passed 9-17-2024)
§ 157.011 EXTENSION OF ZONING APPROVALS TO ADDRESS HOUSING CRISIS.
Provisions for extension of zoning approvals shall be in conformance with VA Code § 15.2-2209.1.
(1998 Code, § 66-11) (Ord. passed 9-5-2017)
§ 157.012 SETBACK ENCROACHMENTS FOR ADA RAMPS, STRUCTURES, AND EQUIPMENT.
Notwithstanding the setback requirements set forth in this chapter, upon application and demonstration to the satisfaction of the Zoning Administrator that the same is reasonably necessary to allow for access or egress or for emergency services (“modification”), the Zoning Administrator shall allow a reasonable modification of setback requirements by permitting ramps, structures, and equipment needed to provide access or egress or for emergency services for a specific, identified individual with disabilities under the United States Americans with Disabilities Act of 1990 to encroach into any setback to the minimum distance necessary to provide the access or egress or for emergency services. The Zoning Administrator may seek guidance from appropriate governmental building and life safety officials when considering the application for modification. The Zoning Administrator shall report approval of such modification to the Town Council at the next regularly scheduled meeting. Any such modification approved by the Zoning Administrator shall: be constructed in accordance with the State Uniform Statewide Building Code, being 13 VAC 5-63 and is subject to all applicable review permitting and inspections requirements and fees; and be promptly removed and the setback restored to conform to this chapter upon discontinuance of the need. The Zoning Administrator may require reasonable documentation and access to the property to substantiate the extent of the need for the modification.
(1998 Code, § 66-12) (Ord. passed 9-5-2017)
§ 157.013 SOLAR ENERGY.
(A) Solar energy facilities and ground-mounted solar energy generation facilities are not permitted in any zoning district in the town.
(B) Utility solar facilities are permitted as accessory to any use by the state, county, or town, subject only to the requirements of maintaining vertical clearance for pedestrian and vehicle traffic.
(C) Rooftop solar facilities are permitted as accessory uses in every zoning district in the town subject to the following conditions and approvals:
(1) In the Old and Historic Occoquan District, rooftop solar facilities are permitted:
(a) In locations not visible from a public street, way or place; or
(b) With a certificate of appropriateness from the Architectural Review Board.
(2) Height limitations in individual zoning districts do not apply to rooftop solar facilities less than five feet in height.
(3) Rooftop solar facilities must meet the setback requirements in the zoning district where the property is located.
(D) Temporary photovoltaic facilities are allowed in all zoning districts, subject to the applicable setback regulations. Temporary photovoltaic facilities in the Old and Historic Occoquan District do not require a certificate of appropriateness.
(Ord. O-2022-04, passed 9-6-2022)
§ 157.014 TEMPORARY TRAILER FOR SALES AND CONSTRUCTION OFFICE DURING CONSTRUCTION.
(A) The Zoning Administrator shall issue a zoning permit for a temporary trailer to be used for sales and/or construction purposes:
(1) During construction of a residential or mixed-use development; or
(2) During construction, renovation, or reconstruction of a primary permanent structure for commercial or residential uses, if the following criteria are met:
(a) For a trailer permitted under division (A)(1) above, there is an approved, valid final site plan or subdivision plat that remains under bond, for the site on which the temporary trailer will be located;
(b) For a trailer permitted under division (A)(2) above, there is a valid building permit in place;
(c) The applicant has submitted a sketch of the site identifying the location of the temporary trailer and construction plans. This sketch need not be sealed by an engineer but must show scale, north arrow, distance from the trailer to the nearest property lines, the location of at least two parking spaces, the hours of operation, and the location, type, and wattage of any temporary site lighting for the temporary trailer;
(d) The temporary trailer shall be subject to the minimum setbacks of the zoning district in which it is located;
(e) The temporary trailer shall be located within the boundary of the project in which lots or units are to be sold or rented;
(f) No sleeping accommodations shall be provided within the temporary trailer;
(g) The temporary trailer shall be securely attached and underpinned. Foundations for the office shall be screened from public view;
(i) Each temporary trailer shall not exceed one story in height and 625 square feet of floor area;
(j) Sanitary facilities are connected to public water and sewer or have been approved by the health department. A copy of the health department approval must be submitted with the application;
(l) Prior to issuance of any permit, the applicant shall execute a guarantee of removal after termination of the permit and the Zoning Administrator shall require a reasonable bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the Town Attorney, to ensure that measures could be taken by the town at the applicant’s expense should they fail, after proper notice, to remove the temporary trailer from the location or fail to take such other action to meet the aforementioned conditions. If the town takes such action upon such failure by the applicant, the locality may collect from the applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held, if any. Within 60 days of the completion of the requirements of the permit conditions, such bond, cash escrow, letter of credit, or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the applicant or terminated.
(B) The permit for a temporary trailer shall be for no more than 180 days, subject to a single renewal for up to 180 days, but in no circumstances may a single project have a temporary trailer for more than 360 days in any 24-month period. Upon the sale or rental of all marketed units on the property, the permit for the temporary trailer expires immediately. The Zoning Administrator may terminate the permit after giving 10 days notice of a violation of this section if the violation remains uncorrected upon expiration of the notice period. The holder of the permit may appeal the termination of the permit within 10 days to the Board of Zoning Appeals.
(C)
Applicants shall apply for the permit with forms provided by the Zoning Administrator and pay the applicable fee as set by Town Council in the fee schedule. The Zoning Administrator shall grant or deny the permit within 30 days of application. If the Zoning Administrator grants the permit, the applicant shall keep and display the permit on the exterior of the temporary trailer until the trailer is removed from the site.
(D) The appeal period for a notice of violation under this section is ten days.
(Ord. O-2023-10, passed 6-6-2023; Ord. O-2025-06, passed 5-20-2025)
§ 157.015 ACCESSORY BUILDINGS, USES, AND STRUCTURES.
Except as expressly provided elsewhere in this chapter, in all zoning districts an accessory building, use, or structure is permitted in connection with and on the same lot as the existing primary use so long as that primary use is permitted by right or has a special use permit in effect that expressly allows the accessory building, use, or structure. All accessory buildings and structures shall meet the underlying zoning district’s setback, side yard, rear yard, and height requirements except as expressly provided elsewhere in this chapter. Except for home gardens, recreation facilities, and patios, accessory uses must occur entirely within the primary structure or an allowed accessory building or structure.
(Ord. O-2024-03, passed 9-17-2024)