[Amended 11-15-1989; 4-9-1990; 7-9-1990; 5-14-2002; 6-10-2003; 6-21-2005; 12-19-2006; 8-21-2007; 8-19-2008; 6-16-2009; 10-20-2009; 5-17-2011; 11-18-2014; 10-18-2016; 5-15-2017; 5-15-2017; 5-15-2017; 8-1-2017; 3-17-2020; 4-18-2022; 4-18-2022; 3-20-2023; 5-15-2023; 6-17-2024; 7-15-2024; 2-18-2025; 7-21-2025; 9-15-2025]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTUREA subordinate use or structure customarily incidental to and located upon the same lot occupied by the main use or building.
ADMINISTRATORThe official charged with the enforcement of this chapter. He may be any appointed or elected official who is by formal resolution designated to the position by the governing body. He may serve with or without compensation as determined by the governing body.
ADULT BUSINESSAdult bookstore/video store, adult mini motion-picture theater, adult motion-picture theater, adult store, a business providing adult entertainment or any other establishment, including, without limitation, any adult modeling studio, adult cocktail lounge or adult nightclub, that regularly emphasizes an interest in matter relating to specified sexual activities or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons. The term includes, without limitation, any of the following:
A. ADULT STOREAn establishment having adult merchandise as a substantial or significant portion of its stock-in-trade.
B. ADULT MERCHANDISEMagazines, books, other periodicals, videotapes, movies, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devices or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas or are intended for the sexual stimulation or titillation of patrons, and also includes toys, novelties, 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, and lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.
C. (1) Has 25% or more of its stock for sale or rent on the premises or has 25% or more of its stock on display, either in plain view or in an enclosed or partitioned area, in books, magazines, periodicals, drawings, sculptures, devices, paraphernalia, motion pictures, films, videotapes or photographs which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein; or
(2) Devotes 25% or more of its display area or floor space, excluding aisles and storage areas, to the sale or display of such materials; or
(3) Receives in any one-month period 25% or more of its gross income from the sale or rental of such materials; or
(4) Has on the premises one or more mechanical or electronic devices for viewing such materials.
D. ADULT ENTERTAINMENTDancing, modeling or other live performances, if the performers' performances are characterized by an emphasis on specified anatomical areas or specified sexual activities or are intended for the sexual stimulation or titillation of patrons. Also includes the showing of films, motion pictures, video cassettes, slides, photographic reproductions, virtual reality devices, Internet sites or files transmitted over the Internet, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or are intended for the sexual stimulation or titillation of patrons.
E. ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity of less than 50 persons used for presenting material for observation by patrons distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
F. ADULT MOTELA motel, hotel, or similar commercial establishment that:
(1) 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; or
(2) Offers a sleeping room for rent for a time period of less than 10 hours; or
(3) Allows a tenant or occupant to subrent the sleeping room for a time period of less than 10 hours.
G. ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material for observation by patrons distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT DAY-CARE CENTERAny facility, that is either operated for profit or extra space that desires licensure and that provides supplementary care and protection during only a part of the day to four or more aged, infirm or disabled adults who reside elsewhere except i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, and ii) the home or residence of an individual who cares for only persons related to him by blood or marriage.
AGRICULTUREThe tilling of the soil, the raising of crops, horticulture, forestry and gardening, including the keeping of animals and fowl and including any agricultural industry or business, such as fruit-packing plants, dairies or similar uses, and including the processing of or wholesale or retail sales by the producer of crops, livestock or livestock products which are produced on the parcel.
ALTERATIONAny change in the total floor area, use, adaptability or external appearance of an existing structure, including enlargement, change in height or location thereof.
ANIMAL HUSBANDRYControlled cultivation, management, and production of domestic animals raised for utility (e.g., food, fur), sport, pleasure, and research, including improvement of the qualities considered desirable by humans by means of breeding (excluding horses).
ANIMAL UNITA. The unit of measure used to determine the appropriate density at which livestock and poultry can be raised subject to the restrictions imposed by this chapter.
B. For the purpose of this chapter, the following agricultural animals shall constitute one animal unit:
(1) One adult bovine animal (cattle, buffalo, etc.).
(2) Two juvenile (less than one year old) bovine animals.
(3) Three camelid animals (llamas, alpacas, etc.).
(4) One equine animal (horse, donkey, etc.).
(5) Five ovine animals (sheep, etc.),
(6) Five Caprinae animals (goats, etc.).
(7) Two porcine animals (pigs, etc.).
(8) Sixteen small poultry (chickens, ducks, etc.).
(9) Eight medium poultry (turkeys, geese, etc.).
(10) Three large poultry (ostriches, emus, etc.).
APIARYA place where bees are kept; a collection of beehives.
ASSISTED LIVING FACILITYA residential facility licensed by the State Department of Social Services where a level of service is provided by an adult-care residence for adults (four or more) who may have physical or mental impairments and require at least moderate assistance with the activities of daily living. Included in this level of service are individuals who are dependent in behavior pattern (i.e, abusive, aggressive, disruptive) as documented on the uniform assessment instrument.
AUTOMOBILE GRAVEYARDAny lot or place that is exposed to the weather and upon which more than five motor vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative are placed, located, or found. The movement or rearrangement of vehicles within an existing lot or facility does not render this definition inapplicable. NOTE: Farm use vehicles as defined in the Code of Virginia shall be exempt from this definition.
BASEMENTA story having part but not more than 1/2 of its height below the average grade. A basement shall be counted as a story for the purpose of height regulations. (See "cellar.")
BED-AND-BREAKFAST ESTABLISHMENTA home occupation in which the full-time resident owner of a single-family dwelling utilizes no more than six otherwise unoccupied bedrooms in order to provide overnight accommodations and breakfast, for compensation, to transient guests. All guests shall be required to register their name, permanent address, phone number and license number prior to occupying a bed-and-breakfast establishment.
BOARDThe Board of Zoning Appeals of Page County.
BOARDINGHOUSEA building where, for compensation, lodging and meals are provided for up to 14 persons.
BREWERYA business that makes, or makes and sells, beer.
BUILDINGA combination of materials, whether portable or fixed, having a roof to form a structure for the use or occupancy by persons or property. The word "building" shall be construed as though followed by the words "or parts thereof" unless the context clearly requires a different meaning. "Building" shall not include roadway tunnels and bridges owned by the Virginia Department of Transportation, which shall be governed by construction and design standards approved by the Virginia Commonwealth Transportation Board.
BUILDING, HEIGHT OFThe height shall be measured from the average elevation of the ground surface along the front of the building.
BUILDING, MAINThe principal building on a lot or the building housing the principal use on the lot.
CAMPS AND CAMPGROUNDS, RECREATIONALAn area which includes but is not limited to a travel trailer camp, recreation camp, family campground, camping resort, camping community or any other area, place, parcel or tract of land, by whatever name called, on which two or more campsites are occupied or intended for occupancy or facilities are established or maintained, wholly or in part, for the accommodation of camping units for periods of overnight or longer, whether the use of the campsites and facilities is granted gratuitously or by rental fee, lease or conditional sale or by covenants, restrictions and easements. "Campground" does not include a park for mobile homes or a construction camp, storage area for unoccupied camping units or property upon which the individual owner may choose to camp and not be prohibited or encumbered by covenants, restrictions and conditions from providing his sanitary facilities within his property lines, but shall include land and buildings used by recreational vehicle parks, civil, religious and social organizations for social, recreational, educational and/or religious activities on a periodic basis.
CATERING FACILITYAn establishment in which food and meals are prepared on premises, and where such food and meals are delivered to another location for public or private entertainment for a fee.
CELLARThe part of a building having more than 1/2 of its height below the average grade. A cellar shall not be deemed a story in calculation of building height.
CEMETERYLand used for the burial of the dead, and dedicated for cemetery purposes, including a columbarium and/or mausoleum when operated in conjunction and within the boundaries of such burial grounds.
CERTIFICATE OF USE AND OCCUPANCYA written statement, based on an inspection and signed by the Zoning Administrator, setting forth that a building, structure, sign and/or land complies with this chapter and/or that a building, structure, sign and/or land may be lawfully employed for specific uses, or both, as set forth therein.
CHILDAny natural person under 18 years of age.
CHILD DAY CENTERA child day program offered to:
A. Two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care; or
B. Thirteen or more children at any location.
CHILD DAY PROGRAMA regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection and well-being of a child under the age of 13 for less than a twenty-four-hour period.
CLINIC, OUTPATIENTBuildings or portions of thereof used to provide medical care on less than a twenty-four-hour basis to persons who are not rendered incapable to self-preservation by the services provided.
COMMERCIAL OUTDOOR RECREATIONA private, fee-supported, outdoor activity using or not using tangible facilities, involving or not involving athletic training, mastered skills, innate or acquired talents, requiring athletic or recreational talents.
COMMERCIAL OUTDOOR RECREATION AREAS AND FACILITIESAn area or facilities where commercial outdoor recreation is allowed. Such examples are playgrounds, picnic grounds, swimming pools, country clubs, golf courses, driving ranges, laser tag, paintball, archery, etc.
COMMERCIAL PARKING FACILITIESAn area of land designed or used for the parking or storage of more than five motor vehicles or equipment with at least one axle for more than 10 days in a calendar year, where a fee may be charged for the parking or storing of such motor vehicles or equipment. This definition shall exclude junkyards and automobile graveyards as defined in § 125- 4.
COMMERCIAL WORKSHOPAn establishment where manufacturing or handicrafts are carried on for trade.
COMMUNITY CENTERA place, structure, area, or other facility used for and provided religious, fraternal, social, educational, or recreational programs designed to accommodate and serve the community.
COMPANION ANIMALFor the purpose of the Zoning Ordinance, any pet that is maintained for companionship on a residential property, including, but not limited to, domestic dogs, cats, birds, nonpoisonous reptiles, rodents, or fish, but shall not include agricultural animals, wild animals and game species, any animals raised for human food or fiber, or any animals regulated under state or federal law as research animals.
CONTRACTOR OFFICEThe office for a contractor licensed through the Commonwealth of Virginia, to include the outdoor storage of operations' vehicles, equipment and/or materials.
COURTThe Circuit Court of Page County, Virginia.
COVERAGEPercent of total lot areas that may be occupied by buildings and structures.
DAIRYA commercial establishment for the manufacture, processing and/or sale of milk products.
DISTILLERYAny use which produces an alcoholic beverage, other than wine or beer.
DISTRICTA division of territory within Page County within which certain uniform regulations and requirements apply under the provisions of this chapter.
DOME AND YURT, CAMPINGA spherical structure commonly used for recreational purposes. Such structures are generally designed with a framework that supports a flexible outer covering, typically made of durable, weather-resistant material. Domes and Camping Yurts shall only be permitted in campgrounds in accordance with Chapter
128 of the Page County Code.
DOMESTIC/DOMESTICATED ANIMALAn animal, such as a horse or cat, that has been tamed and kept by humans as a work or food source, or pet, especially a member of these species that has, through selective breeding, become notably different from its wild ancestors.
DWELLINGAny structure which is designed for use for residential purposes, except hotels and motels.
A. (1) A building, 401 square feet or more, arranged, designed or intended for occupancy exclusively by one family, such building being surrounded by open space on all four sides within the same lot. The term "single-family dwelling" shall also include manufactured homes which meet the following requirements.
(a) The home shall be erected at least 20 feet in width and 40 feet in length.
(b) The home shall be erected on a permanent outside perimeter foundation of block or masonry.
(c) The complete wheel and axle assembly and hitch assembly shall be removed from the manufactured home.
(d) The roof shall be an A-type roof with no less than three-inch to twelve-inch pitch, and such roof shall be covered with shingle.
(e) The home shall be permanently attached so as to allow the home to be taxed as real estate by the County of Page, Virginia, and such title evidencing the manufactured home as personal property shall be destroyed.
(2) However, nothing contained in this definition shall allow manufactured homes in such residential areas or subdivisions in the County of Page, Virginia, where otherwise prohibited by such restrictive covenants applicable to the residential area or subdivision.
B. DWELLING, SINGLE-FAMILY ATTACHEDA group of two or more closely placed, interrelated single-family dwelling units which are generally joined by a common party wall, a common floor-ceiling or garage and/or, with the specific approval of the Director in each case, connecting permanent and architecturally unified structures such as breezeways, carports, or walls, which structures continue the design, pattern and/or materials of the facade from one dwelling unit to another, whether or not such a group is located on a single parcel or adjoining individual lots. Connecting structures and outdoor living space may be so designed as to provide access between front and rear yards. Architectural facades or treatment of materials in a townhouse development shall be varied from one group of units to another; and no more than three abutting units in a row shall have the same front and rear setbacks with a minimum setback offset being one foot. For the purpose of this chapter, dwellings such as duplexes, semidetached, garden court, garden apartments, condominiums, patio house, zero lot line, piggyback townhouse, back-to-back townhouse and townhouse shall be deemed single-family attached dwellings.
C. (1) A building, 400 square feet or less, arranged, designed or intended for occupancy exclusively by one family, such building being surrounded by open space on all four sides within the same lot. The term "dwelling, tiny home" shall also include manufactured homes which meet the following requirements.
(a) The home shall be erected on a permanent outside perimeter foundation of block or masonry.
(b) The complete wheel and axle assembly and hitch assembly shall be removed from the manufactured home.
(c) The roof shall be an A-type roof with no less than three-inch to twelveinch pitch, and such roof shall be covered with shingle.
(d) The home shall be permanently attached so as to allow the home to be taxed as real estate by the County of Page, Virginia, and such title evidencing the manufactured home as personal property shall be destroyed.
(2) However, nothing contained in this definition shall allow manufactured homes in such residential areas or subdivisions in the County of Page, Virginia, where otherwise prohibited by such restrictive covenants applicable to the residential area or subdivision.
DWELLING UNITOne or more rooms in a dwelling designed for living or sleeping purposes or a single housekeeping unit and having no cooking or sanitary facilities in common with any other dwelling unit.
EVENTAn occurrence, fee-based or non-fee-based, during which persons gather together for civic, social, private, or public purposes.
EVENT VENUEA commercial or publicly advertised or marketed facility where events such as weddings, receptions, banquets, and/or other such gatherings may take place.
FAMILYOne or more persons occupying a premises and living in a single dwelling unit, as distinguished from an unrelated group occupying a boardinghouse, lodging house, tourist home or hotel or motel.
FAMILY DAY HOMEA child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. The provider of a licensed or registered family day home shall disclose to the parents or guardians of children in their care the percentage of time per week that persons other than the provider will care for the children. Family day homes serving six through 12 children, exclusive of the provider's own children and any children who reside in the home, shall be licensed. However, no family day home shall care for more than four children under the age of two, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. However, a family day home where the children in care are all grandchildren of the provider shall not be required to be licensed.
FARMERS MARKETA market held in an open area or in a structure, where groups of individual sellers offer the sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and craft items, and food and beverages.
FRONTAGEThe minimum width of a lot measured from one side lot line to the other along a line on which no point shall be farther away from the street upon which the lot fronts than the building setback line, as defined and required herein.
GARAGE, PRIVATEAn accessory building designed or used for the storage of private automobiles owned and used by the occupants of the building to which the garage is an accessory.
GARAGE, PUBLICA building or portion thereof, other than a private garage, designed or used for servicing, repairing (including body work), equipping, renting, selling or storing motor vehicles.
GARDENINGAny use of land unenclosed except for fencing for the raising of grass, flowers, vegetables, crops, trees, or other botanical objects of natural growth, but not including accessory structures used for the same purpose.
GASOLINE SERVICE STATIONA structure, building or area of land or any portion thereof that is used primarily for the sale of gasoline or any other motor vehicle fuel which may or may not include facilities for lubricating, washing, sale of accessories and otherwise servicing motor vehicles, but not including body repair or painting thereof.
GOLF COURSEAny golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges, as defined herein.
GOLF DRIVING RANGEA limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.
GREENHOUSEA glassed or transparent enclosure used for the growing and cultivations of plants.
GROUNDWATERAny water, except capillary moisture, beneath the land surface in the zone of saturation or beneath the bed of any stream, lake, reservoir or other body of surface water within the boundaries of this commonwealth, whatever may be the subsurface geologic structure in which such water stands, flows, percolates or otherwise occurs.
GROUP HOMEA facility for social rehabilitation, substance abuse or mental health problems that contains a group housing arrangement that provides custodial care but does not provide acute care.
GUESTHOUSEAn accessory, detached building, designed exclusively for residential purposes situated on the same parcel as a permitted single-family dwelling. Only one guesthouse shall be allowed on any lot, tract or parcel of land, and cannot be sold separate from the permitted principal residential structure.
HALFWAY HOUSEA licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently.
HEALTH OFFICIALThe legally designated health authority of the State Board of Health for Page County or his authorized representative.
HOME OCCUPATIONAn occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display and which use does not change the character of the dwelling or have any exterior evidence of such secondary use other than a small name plate, as referred to herein. No commercial vehicle shall be used in connection with the dwelling.
HOSPITALAn institution rendering medical, surgical, obstetrical or convalescent care, including nursing homes, homes for the aged and sanitoriums, but in all cases excluding institutions primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts. (Certain nursing homes and homes for the aged may be "home occupations" if they comply with the definitions herein.)
HOSTELA budget-oriented, sociable accommodation where guest can rent a bed in a dormitory and share a bathroom, lounge, and sometimes a kitchen.
HOTELA building designed or occupied as the temporary abiding place for 14 or more persons who are, for compensation, lodged, with or without meals, and in which provision is not generally made for cooking in individual rooms or suites.
JUNKOld or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, or waste; junked, dismantled, or wrecked automobiles or parts thereof; and old or scrap iron, steel, or other ferrous or nonferrous material.
JUNKYARDAn establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk or for the maintenance or operation of an automobile graveyard. "Junkyard" includes garbage dumps and sanitary landfills.
LIVESTOCKDomestic animals, including but not limited to cattle, horses, sheep, goats, and swine, raised for home use, pleasure or profit, but does not include companion animals.
LOTA parcel of land occupied or to be occupied by a main structure and accessory structures, together with such yards, open spaces, lot width and lot areas as are required by this chapter, either shown on a plat of record or considered as a unit of property and described by metes and bounds.
LOT AREAAn area of land which is determined by the limits of the property lines bounding that area and expressed in square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
LOT COVERAGEThe maximum area of a lot which may be covered by all buildings and other impervious material unless otherwise specified.
LOT LINEAny line dividing one lot from another.
LOT OF RECORDA lot, a plat or a description of which has been recorded in the office of the Clerk of the Circuit Court.
LOT, CORNERA lot at the point of intersection of and abutting two or more intersecting streets. Of the two sides of a corner lot, the front shall be deemed to be the shorter of the two sides fronting on streets if both streets are public rights-of-way. Front yard setbacks are required on both sides if both streets are public rights-of-way.
LOT, DEPTH OFThe average horizontal distance between the front and rear lot lines.
LOT, WIDTH OFThe horizontal distance between side lot lines measured at the setback line.
MANUFACTURE AND/OR MANUFACTURINGThe processing and/or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character or for use for a different purpose.
MANUFACTURED HOMEA structure subject to federal regulation which 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 permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning and electrical systems contained in the structure.
MEATThe tissue of an animal when it is used for food.
MEAT PRODUCTSProducts made from animal tissues for use as a food product. This includes meat submitted to be processed for cooking, salting (curing), smoking, or addition of other condiments and seasonings.
MEDIA-RELATED OFFICEAn office used for the purpose of informing the public of news, entertainment, education, data or promotional messages. This includes but is not limited to newspapers, magazines, TV, radio, direct mail, telephone, fax, and Internet.
MEDICAL OFFICE OR CLINICAn office used exclusively by physicians, dentists, and similar personnel for the treatment or examination of patients solely on an outpatient basis. This may include outpatient surgery, emergency care, medical-related support labs, and a pharmacy. This term shall not include group homes, halfway houses, hospitals, nursing homes, rehabilitation facilities, residential facilities, substance abuse treatment facilities, or schools.
MOBILE FOOD VENDING OPERATIONA readily movable wheeled cart, trailer, or vehicle designed and equipped for the preparing, service, and/or selling of food and/or beverages and operated at temporary locations. This definition shall include food trucks, food trailers, and food carts. This definition shall not apply to those selling in short bursts of 30 minutes or less at a single location and moving to multiple properties through the course of a business day.
MOBILE HOMEA structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 32 body feet or more in length or, when erected on site, is 256 or more square feet and which is built on a permanent chassis and is designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein.
MOBILE HOME PARKAny site, lot, field or tract of land upon which is located three or more mobile homes used for any purpose or no purpose or which is held out for the location of any mobile home for any purpose or any motor vehicle which is used for business, living or sleeping purposes and which is or may be transported from one place to another, whether motive power or other means shall be required, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of any such park or camp.
MOTELA building or group of buildings containing individual rooms or apartment accommodations primarily for transients, each of which is provided with a separate exterior entrance and a parking space, and offered principally for rental and use by motor vehicle travelers. The term "motel" includes, but is not limited to, auto courts, motor courts, motor inns, motor lodgings or roadside hotels.
MOTORSPORTS EVENTAny regularly scheduled and/or advertised gathering for the purpose of competitive vehicular activity over a fixed course or area that persists for periods in excess of 15 minutes over one twenty-four-hour period.
MOTORSPORTS FACILITYAny facility for the competitive operation of automobiles, trucks, motorcycles and any other motorized vehicles or machinery, including uses such as, but not limited to, racing, practicing, training, instruction, research and development and testing.
NONCONFORMING ACTIVITY OR USEThe otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located.
NONCONFORMING LOTAn otherwise legally platted lot that does not conform to the requirements of this chapter for the district in which it is located.
NONCONFORMING STRUCTUREAn otherwise legal building or structure that does not conform with the regulations of this chapter for the district in which it is located.
NURSING HOMESFacilities that provide care, including both intermediate care facilities and skilled nursing facilities where any of the persons are incapable of self-preservation.
OPERATOR, EVENT VENUEThe owner of the event venue, or any other person that has been retained, employed, or otherwise engaged by the owner of the event venue to be responsible for the management and general administrative operation of the event venue.
PARKING LOTAn off-street surfaced area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space appurtenant thereto.
PARKING SPACEAn off-street space measuring nine feet in width by 20 feet in length, exclusive of driveways, passageways and maneuvering space.
PERSONAny individual, firm, corporation or association.
PERSONAL SERVICE SHOPSBuildings for the rendering of or providing of personal services; however, excluding massage parlors, nude or obscene dance halls or other businesses exploiting nude or obscene conduct, as defined by County ordinance in Chapter
86, Obscenity, of the Code of Page County.
PET GROOMING, BOARDING AND BREEDINGA commercial facility where a pet animal may be cleaned, styled or have its appearance maintained, that cares for or houses pet animals in the absence of the owner, or that engages in the vocation of mating carefully selected specimens of the same breed to reproduce specific, consistently replicable qualities and characteristics.
PORTA JOHNSStandalone, single-unit portable sanitation facilities designed for individual use. Also known as "portable toilets" or "porta-potties."
POULTRYIncludes all domestic fowl and game birds raised in captivity.
PRINCIPAL STRUCTUREThe primary or predominant structure on any lot or parcel. For residential purposes, the principal structure is the primary dwelling.
PUBLIC WATER AND SEWER SYSTEMA water or sewer system owned and operated by the County of Page, an incorporated town, an authority or a corporation franchised by the Commonwealth of Virginia and under the jurisdiction of the State Health Department of Virginia.
QUARRY EXTRACTIONThe process of removing valuable material, including stone, sand, gravel or soils, from the ground surface or underground. Extraction methods may include drilling, blasting, and/or mechanical extraction methods, which may include the use of excavators, loaders, conveyor systems, and hauling vehicles.
QUARRY OPERATIONThe processing and/or storing of extracted stone, sand, or gravel that does not transform the initial chemical composition of the extracted product.
QUARRY PROCESSINGThe operations and techniques used to extract valuable material and transform to a more refined or usable form, typically for commercial purposes. Processing may include crushing and grinding, gravity separation, magnetic separation, and other methods of refining.
RECYCLING FACILITYAny location whose primary use is where recyclable materials are bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to, scrap metal, paper, rags, tires, wood, plastic, glass and other such materials.
REGISTERED FAMILY DAY HOMEAny family day home that has met the standards for voluntary registration for such homes pursuant to regulations adopted by the Board and that has obtained a certificate of registration from the Commissioner.
RESIDENTIAL FARMLand incidental to a principal dwelling on which limited agricultural activities such as the keeping of domestic livestock, poultry, apiaries (beekeeping), and gardening are permitted.
RESTAURANT, DRIVE-THRURestaurants where most customers have the option to order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises, or are able to be taken to a table or counter to be consumed. Excluded from this definition are mobile food vending operations.
RESTAURANT, GENERALAn establishment in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tearooms, confectionery shops, and eat-in delis. Excluded from this definition are mobile food vending operations and catering facilities.
RETAIL STORES AND SHOPSAny store or shop where any person or merchant sells goods, wares, and merchandise for use or consumption by the purchaser.
RIDING STABLES OR ACADEMIESA building, group of buildings, or use of land, or any combination thereof, used for the sheltering, care, riding, training, or showing of horses. The facility may include the sale of tack and related accessories items. Structures may include barns, stables, corrals, and paddocks.
SAWMILLS, CHIPPING MILLS, and SHAVING MILLSA. PORTABLE SAWMILL, CHIPPING MILL, and SHAVING MILLA portable sawmill, chipping mill, or shaving mill located on privately owned real estate to be used for the purpose of processing of timber cut only from that real estate, or from real estate immediately contiguous or adjacent thereto.
B. COMMERCIAL SAWMILL, CHIPPING MILL, or SHAVING MILLA sawmill, chipping mill, or shaving mill permanently located on real estate for the purpose of processing timber primarily for commercial purposes without regard to the point of origin of the timber processed on the real estate.
SELF STORAGEA structure or structures containing separate storage spaces of varying sizes leased or rented as individual leases for the purpose of storing personal property and household goods.
SETBACKThe required distance that a structure must be built from an adjoining property line or road or right-of-way. "Setback" may also be referred to as "minimum yard dimension."
SHADOW/FLICKERThe visible flicker effect when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating pattern of light and shadow.
SHOOTING RANGE, INDOORA completely enclosed building designed for the safe discharge of archery equipment and firearms at targets for marksmanship practice or competitions.
SHOOTING RANGE, OUTDOORAn outdoor area or structure designed for the safe discharge of archery equipment and firearms at targets for marksmanship practice or competitions.
SHOPPING CENTERA group of stores, four or more in number, planned and designed as an integrated unit with off-street parking provided on the property as an integral part of the unit. "Shopping center" shall also mean a single store or a group of stores less than four in number where the total gross floor area of the store or stores exceeds 25,000 square feet.
SHORT-TERM TOURIST RENTALShort-term rental of a dwelling for compensation for periods of less than 30 days. "Short-term tourist rental" could also include the following terms: tourist homes, tourist rentals, cabin rentals, lodging homes, tourist cabins, tourist courts, air bed-and-breakfast establishments, hostels, or vacation homes.
SIGNAny display of any letters, words, numerals, figures, devices, emblems, pictures or any parts or combinations thereof by any means whereby the same are made visible for the purpose of making anything known, whether such display is made on, attached to or as a part of a structure, surface or any other thing, including but not limited to the ground, any rock, tree or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is:
A. BUSINESS SIGNA sign which directs attention to a product, commodity or service available on the premises.
B. DIRECTIONAL SIGNA sign (one end of which may be pointed or on which an arrow may be painted, indicating the direction to which attention is called) giving the name and approximate location only of the firm or business responsible for the erection of the same.
C. GENERAL ADVERTISING SIGNA sign which directs attention to a product, commodity or service not necessarily conducted, sold or offered upon the same lot where such sign is located.
D. HOME OCCUPATION SIGNA sign directing attention to a product, commodity or service available on the premises, but which product, commodity or service is clearly a secondary use of the dwelling.
E. TEMPORARY SIGNA sign applying to a seasonal or other brief activity, such as but not limited to summer camps, horse shows, auctions or sale of land.
SIGN STRUCTUREIncludes the supports, uprights, bracing and/or framework of any structure, be it single-faced, double-faced, V-type or otherwise exhibiting a sign.
SPECIAL USE (EXCEPTION) PERMITA permit for a land use that has operating and/or physical characteristics that may be generally different from those uses permitted by right in a given zoning district. Special uses may nonetheless be compatible with permitted-by-right uses and surrounding land uses under special conditions and with adequate public review. Special uses are allowed only at the legislative discretion and approval of the governing body following review and recommendation by the Commission in accordance with §
125-54 of this chapter.
SPECIFIED ANATOMICAL AREASA. Less than completely and opaquely covered:
(1) Human genitals, pubic region, buttock; and
(2) Female breast below a point immediately above the top of the areola.
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESA. Human genitals in a state of sexual stimulation or arousal.
B. Acts of human masturbation, sadomasochistic abuse, sexual penetration with an inanimate object, sexual intercourse or sodomy.
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
STORAGE WAREHOUSEA structure or part of a structure used for the storage of goods, materials, wares and merchandise. Self-storage facilities are considered storage warehouses.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between any floor and the ceiling next above it. A basement, but not a cellar, shall be deemed to be a "story." Each level of a split-level building, excluding cellars, shall be considered 1/2 story.
STORY, HALFA space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than 2/3 of the floor area is finished for use.
STREETA public or private right-of-way, excluding driveways, intended for use as a means of vehicular and pedestrian circulation which provides a means of access to abutting property. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, service street (alleys), lane and road or similar terms.
STREET LINEThe dividing line between a street or road right-of-way and the adjacent property.
STRUCTUREAn assembly of materials having an ascertainable stationary location, which can include: stadiums, platforms, observation towers, communication towers, storage tanks, swimming pools, amusement devices, storage bins, gazebos, sheds and other similar uses. The word "structure" shall be construed as though followed by the words "or parts thereof" unless the context clearly requires a different meaning. All buildings are structures.
TEMPORARY MOBILE RESTROOM TRAILERLarge, towable sanitation units that provide a comfortable portable restroom experience, often used for upscale events or longer-term projects.
TOWNHOUSESSee Subsection B of the definition of "dwelling."
TWENTY-FOUR-HOUR CAREThe actual time that a person is an occupant within a facility for the purpose of receiving care. It shall not include a facility that is open 24 hours and is capable of providing care to someone visiting the facility during any segment for the 24 hours.
USABLE OPEN SPACEAn unenclosed portion of the area of a lot which is not devoted to driveways, parking spaces or principal structures, including common buildings such as shelters, pavilions or recreational structures centrally located, accessible to occupants of the building or buildings, but excluding marshes, swamps, streams and slopes in excess of 15% or other unusable land.
USEThe specific purpose for which land, sign, structure or building is designed, arranged, intended or for which it may be occupied or maintained or any activity, occupation, business or operation which may be carried on thereon or therein. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
VARIANCEA relaxation of the terms of this chapter by the Board of Zoning Appeals where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a "variance" is authorized only for height, area and size of the structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining zoning districts, nor solely for the economic benefit of the landowner.
VETERINARY CLINICA facility that deals with the causes, diagnosis, and treatment of diseases and injuries of animals, especially domestic animals, under the direction and control of a veterinarian licensed by the Commonwealth of Virginia.
VIRTUAL BUSINESSA virtual business is defined by meeting the following:
A. Does not require direct vehicular traffic to the dwelling unit by the public for operation of the business.
B. The primary means of communication in the operation of the business is by telecommunication, facsimile, computer-related activity or other like means of communications.
C. No wholesale or retail business shall be permitted unless it is conducted entirely by mail and/or telecommunications.
D. Such home occupation shall be subject to all the criteria set forth in §
125-15A(1), hereinabove stated, with the exception of required parking spaces set forth in §
125-15A(1)(a).
E. Does not use outside storage or display of materials, goods, supplies, or equipment or work areas in relation to the business outside the home.
VISIBLEMeans capable of being seen without visual aid by a person of normal visual acuity. NOTE: Any inoperable motor vehicles are exempt if kept in a fully enclosed building or structure or otherwise shielded or screened from visibility from any adjacent dwelling or adjacent public property.
WIND ENERGY FACILITY, SMALL SYSTEM (PRIVATE USE)A single system designed to supplement other electricity sources as an accessory use to existing buildings or facilities, wherein the power generated is used primarily for on-site consumption. A small wind energy conversion system consisting of a single wind turbine, a tower, and associated control or conversion electronics which has a rated capacity of not more than 25kW.
WIND TURBINEA wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and may include a nacelle, rotor, tower, pad transformer, blades, and tail.
WINDMILLA machine designed to convert the energy of the wind into more useful forms using rotating blades to turn mechanical machinery to do physical work, such as crushing grain or pumping water.
WINERYA winery is a building or property that produces wine, or a business involved in the production of wine, such as a wine company.
YARD, FRONTAn unoccupied space, open to the sky, between an adjacent right-of-way and the building setback line which shall be drawn at such distance as may be specified herein for any district and extending for the full width of the lot.
YARD, REARAn unoccupied space, open to the sky, between the rear lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any district and extending for the full width of the lot.
YARD, SIDEAn unoccupied space, open to the sky, between the side lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any district and extending for the full length of the lot.
ZONING PERMITA certificate issued by the Zoning Administrator for authorizing the uses of land and/or structures as required by this chapter.