The following rules shall apply for construing or interpreting the terms and provisions of this chapter:

(1)

Meaning and intent. When a specific section of these regulations gives a different meaning than the general definition provided in this Article XII: Definitions, the specific section's meaning and application of the term shall control.

(2)

Headings, illustrations, and text. In the event of a conflict or inconsistency between the text of this chapter and any heading, caption, figure, illustration, table, or map, the text shall control. Graphics and other illustrations are provided for informational purposes only and should not be relied upon as a complete and accurate description of all applicable regulations or requirements.

(3)

Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms like "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.

(4)

Computation of time.

a.

The time in which an act is to be done shall be computed by excluding the first day and including the last day. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the county, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the county. References to days are calendar days, unless otherwise stated.

b.

Whenever a person has the right or is required to do some act within a prescribed period of time following the service of a notice or other document via mailed delivery, three days shall be added to the prescribed period.

(5)

Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.

(6)

Tenses and plurals. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.

(7)

Entity. The word "person" includes a firm, association, partnership, trust, company, or corporation as well as an individual.

(8)

Term not defined.

a.

If a term used in any article of this chapter is not defined, the administrator is authorized to provide a definition through the interpretation procedure (see interpretation (zoning) under Article II: Administration) based upon the definitions used in accepted sources, including but not limited to A Planners Dictionary, A Glossary of Zoning, Development, and Planning Terms, and A Survey of Zoning Definitions, published by the American Planning Association.

(Ord. No. O-2013-06, 9-16-13)

Abandonment, for the purposes of Article X, abandonment shall mean the stopping or halting of use or occupancy of a nonconformity for a period of two years or more.

Abattoir means a building or structure where livestock is slaughtered and prepared for distribution to butcher shops or retail sales establishments such as grocery stores. A slaughterhouse is designed to accommodate the confinement and slaughtering of live animals and may include packing, treating, storage, or sale of the product on the premises.

Abutting means the condition of two adjoining parcels of land having a common property line or boundary including cases where two or more parcels of land adjoin a corner, but not including cases where adjoining parcels of land are separated by a street or alley.

Accessory apartment means a secondary dwelling unit established in conjunction with, and clearly subordinate to, the principal dwelling unit on a lot, contained within or attached as part of the same structure as the principal dwelling unit on the same lot. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Accessory dwelling unit (detached) means a secondary dwelling unit established in conjunction with, and clearly subordinate to, the principal dwelling unit on a lot, as a detached structure on the same lot. (See Accessory/Use-Specific Standards, division 2: Standards for Accessory Uses and Structures, of article VII: Use Standards.)

Accessory structure means a structure that is detached from the principal structure on the same lot and serves a purpose clearly incidental to a principal use of the lot. Garages, carports and storage sheds are examples of common accessory structures on residential lots. In addition, pole barns, hay sheds and the like qualify as accessory structures on farms. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Accessory use means a use that is incidental to and customarily associated with a principal use on the same lot. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Accessway, vehicular means a path, route, etc., that provides vehicular access to a specific destination or property.

Adjacent means a parcel of land that shares all or part of a common lot line or boundary with another parcel of land, or a parcel of land that would abut another parcel of land, but for the fact a street or right-of-way divides the parcels.

Administrative appeal (subdivision). See Powhatan County Code chapter 68 (Subdivisions).

Administrative appeal (zoning). See Article II: Administration.

Administrator means the Powhatan County, Virginia Zoning Administrator. See Article II: Administration.

Adult book or video store means an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating "specified sexual activities" or "special anatomical areas," or an establishment with a segment or section devoted to the sale or display of such material. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Adult day care center means any facility 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. Included in this definition are any two or more places, establishments or institutions owned, operated or controlled by a single entity and providing such supplementary care and protection to a combined total of four or more aged, infirm or disabled adults.

Adult motion picture theater means an enclosed building or outdoor facility 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 therein. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Agricultural support (direct) means uses that provide support and services to animal and crop production and dairying, or other related agricultural use, which are limited to and that operate on the site of on-going agricultural uses. These uses include: agricultural processing, agri-education, animal care businesses, customer operators (haymaking, brush hogging, crop storage, hauling, fencing, barn construction); direct market businesses for the sale of products produced on-site (e.g., pick your own), farm co-ops, farm-based tourism events, farm machinery repair, pet farms, products combining recreation and consumption of agricultural products, portable sawmills, stables, wetlands mitigation banks, and similar uses. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Agricultural support (indirect) means uses that provide support and services to animal and crop production and dairying, or other related agricultural use, either on the site of the agricultural use or off-site. These uses include: agricultural research facility, animal care businesses, central farm distribution hub for agricultural products, farm machinery repair, farm machinery sales, rental, and service, mill feed and farm supply centers, and other similar uses. (See Principal/Use-Specific Standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Airport means any area of land or water designed and set aside for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft and the provision of services to aircraft passengers and users. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Airstrip means a runway without normal air base or airport facilities. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards; and see accessory use/structure, Division 2: Standards for Accessory Uses and Structures, of Article VII.)

Aisle way, parking means a passage for vehicular traffic within a parking area, through a parking bay.

Alley means a narrow street or thoroughfare giving access to the rear of lots or buildings.

Amateur radio antenna means an antenna, or any combination of a mast plus an attached or mounted antenna, that transmits noncommercial communications signals and is used by an amateur radio operator licensed by the Federal Communications Commission. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Amphitheater See: Arena, stadium, or amphitheater.

Amusement park means a facility, primarily outdoors and open to the public for a fee, that includes structures and buildings for providing entertainment including rides, booths for the conduct of games or sale of items, buildings for shows and entertainment, and restaurants and souvenir sales.

Animal confinement facility means a facility and its supporting lot area used for the purpose of keeping or raising livestock, dairy cattle, or poultry under cover or in a confined lot where:

(1)

The facility or lot area includes the equivalent of at least 300 animal units (see below);

(2)

Animals are stabled or confined for more than 12 hours per day and fed or maintained a total of 45 days or more in a 12-month period; and

(3)

No more than 25 percent of the area of the facility and lot includes crops, vegetation, forage, growth or post-harvest residues.

Examples of animal confinement facilities include, but are not limited to, dairies, poultry houses, swine or veal operations, or feed lots.

(See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards; and see Article III: Rural Districts.)

Animal grooming means any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health, and for which a fee is charged.

Animal production (other than an animal confinement facility) means a facility and its supporting lot area used for propagation, rearing, exercising, feeding, or general raising of livestock or other living animals for animal husbandry purposes, and not including animal confinement facilities or dairies. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Animal shelter mean a facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated, or maintained by a nongovernmental entity including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Antique store means any premises used for the sale or trading of articles of which 80 percent or more are over 50 years old or have collectible value. Antique shop does not include secondhand or thrift stores.

Applicant means a person who submits a development application requesting approval of a permit or development approval under this chapter.

Application or development application means the completed form or forms and all accompanying documents, exhibits, and fees required by this chapter to be submitted for review when a person requests approval of a permit or development approval.

Arena, stadium, or amphitheater means a building or structure designed or intended for use for spectator sports, entertainment events, expositions, and other public gatherings, which is partially or entirely surrounded by tiers of seats for spectators. Such uses may or may not include lighting facilities for illuminating the field or stage area, ticket booths, concessions, restrooms, parking facilities, and maintenance areas. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Art gallery is an establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art.

Art, crafts, music, dance, photography, or martial arts studio/school means an establishment with space used for the production of—or instruction in—art, crafts, music, dance, photography, or the martial arts.

Artisan food and beverage production means an establishment primarily engaged in the small-scale production of specialty food and non-alcoholic beverage products for wholesale distribution and on-site retail sales. Unlike specialty eating or drinking establishment, there is no on-site food consumption.

Asphalt or concrete plant means an industrial facility used for the production of asphalt or concrete, or asphalt or concrete products, used in building or construction, and includes facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises and the storage and maintenance of required equipment, but does not include the retail sale of finished asphalt or concrete products. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Assessed value means the monetary price that a parcel of land, portion of land, improvement on land, or other commodity is assigned by the tax assessor's office for the purposes of taxation.

Assisted living facility means a public or private congregate residential facility that provides personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting. Included in this definition are any two or more places, establishments or institutions owned or operated by a single entity and providing maintenance or care to a combined total of four or more aged, infirm or disabled adults. Maintenance or care means the protection, general supervision and oversight of the physical and mental well-being of an aged, infirm or disabled individual.

The following are not deemed assisted living facilities:

(1)

A facility or portion of a facility licensed by the state board of health or the department of behavioral health and developmental services, but including any portion of such facility not so licensed;

(2)

The home or residence of an individual who cares for or maintains only persons related to him by blood or marriage;

(3)

A facility or portion of a facility serving infirm or disabled persons between the ages of 18 and 21, or 22 if enrolled in an educational program for the handicapped pursuant to Code of Virginia § 22.1-214, when such facility is licensed by the department as a children's residential facility under Code of Virginia § 63.2-1700 et seq., but including any portion of the facility not so licensed;

(4)

Any housing project for persons 62 years of age or older or the disabled that provides no more than basic coordination of care services and is funded by the U.S. Department of Housing and Urban Development, by the U.S. Department of Agriculture, or by the Virginia Housing Development Authority; and

(5)

A residential facility for eight or fewer individuals who are treated as a single-family in accordance with Code of Virginia § 15.2-2291.

Attached means, when used in reference to two or more structures, having one or more common walls or being joined by a covered porch or passageway. Two structures may also be considered attached if separated by less than three feet.

Attention-getting device means any pennant, balloon, inflatable device, flag, propeller, spinner, streamer, or similar device or ornamentation used for promotions, advertising, or attracting attention. This does not include banner signs.

Auction facility means a structure or structures in combination used for the conduct of personal property auctions on a temporary basis by an auctioneer licensed by the Commonwealth. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards; and see temporary/use-specific standards, Division 3: Standards for Temporary Uses and Structures of Article VII.)

Auditorium or stage means a building or structure designed or intended for use for presentation of dramatic, musical, or live performances, other entertainment and cultural events, and/or other public gatherings, all occurring inside an enclosed structure typically limited to a capacity of 500 or fewer seats. This use does not include motion picture theaters.

Authorized agent means a person with express written consent to act upon another's behalf.

Automatic teller machine (ATM) means a mechanized device operated by a bank or financial institution that allows pedestrian customers or customers in motor vehicles to perform banking or financial transactions at locations remote from the controlling bank of financial institution. Where an ATM is provided at the site of a bank or financial institution for use by customers in motor vehicles, the use is considered a bank of financial institution with drive through service. At other locations, an ATM may be considered an accessory use to the principal use(s) of the location.

Automotive painting or body shop means a facility providing collision repair and painting services for automobiles, pickup and other light trucks, or trailers, including bodywork, framework, welding, and major painting and undercoating work. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Automotive repair and servicing means an establishment primarily engaged in providing repair and maintenance services for automotive vehicles such as passenger cars, sports utility vehicles, pickup and other light trucks, small vans, and motorcycles. This use includes oil change and lubrication shops (which primarily engage in checking and changing motor oil and lubricating the chassis), automotive glass shops (which primarily engage in replacing, repairing, or tinting vehicle windows), and general automotive repair garages or shops (which provide a wide range of mechanical and electrical repair and maintenance services, including diagnosing, rebuilding, or reconditioning engines and other mechanical and electrical systems). This use does not include automotive painting or body shops or heavy vehicle/equipment repair and servicing (which typically have greater impacts on adjacent properties). It also does not include gas stations (which primarily engage in the sale of fuel) or auto parts stores that do not involve major installation and servicing of automobiles. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Automotive wrecker service means an establishment providing towing and temporary storage on-site of no more than nine wrecked or inoperable vehicles for a period no longer than 90 days. If an establishment has ten or more inoperable vehicles located on-site, stores inoperable vehicles for more than 90 days, stacks vehicles, or portions of the vehicles are dismantled or removed for sale, it shall be considered a salvage and junkyard. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Awning means a roof like cover extending over, or in front of, a place as a shelter.

Bank or financial institution with drive-through service means an establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. Financial institutions include those establishments engaged in the on-site circulation of cash money, but shall not include bail bond brokers or check-cashing facilities. Financial institutions may also provide automated teller machines (ATM) services, located within a fully enclosed space or building, or along an exterior building wall intended to serve walk-up customers only. These uses include drive-through facilities. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Bank or financial institution without drive-through service means an establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. Financial institutions include those establishments engaged in the on-site circulation of cash money, but shall not include bail bond brokers or check-cashing facilities. Financial institutions may also provide automated teller machines (ATM) services, located within a fully enclosed space or building, or along an exterior building wall intended to serve walk-up customers only. These uses do not include drive-through facilities.

Bar or lounge means an establishment having as its principal or predominant use the serving of beer, wine, or liquor for consumption on the premises, and which sets a minimum age requirement for entrance, consistent with state law. The primary source of revenue for such use is derived from alcohol sales, and the secondary source from the serving of food. This use does not include nightclubs or restaurants that serve and sell alcohol or have a bar as an accessory use. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Also known as the 100-year flood.

Base flood elevation means the Federal Emergency Management Agency designated 100-year flood water surface elevation.

Basement means any area of the building having its floor sub-grade (below ground level) on all sides.

Bed and breakfast inn means private residence engaged in renting one or more dwellings or rooms on a daily or weekly basis. A bed and breakfast inn must be the primary residence of the operator as shown on a government issued identification card. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Block means a surface land area separated and distinguished from other surface land areas by visible physical boundaries such as streets, railroads, rivers, extremely steep land, or other physical barriers. (See: Powhatan County Code, chapter 68 (Subdivisions)).

Boarding house. See Rooming or boarding house.

Bottling/packaging plant means a facility for assembling, mixing, bottling, canning, packing, wrapping, and boxing of commercial products assembled or manufactured off-site.

Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Brewery means an establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer, with a capacity of greater than 315,000 gallons per year. A brewery may include a restaurant or public tasting room as an accessory use.

Brewpub means an establishment that is primarily a restaurant where ale or beer is brewed on the premises as an accessory use. A Brewpub may include off-site distribution of its ale or beer consistent with state law. This use does not include a microbrewery, where the primary use is brewing rather than a restaurant (though a micro-brewery may include a restaurant or public tasting room as an accessory use). (See: Principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Buffer means a strip of land with existing vegetation retained and supplemented as required with trees/shrubs and maintained to provide transition and separation, to reduce noise and glare and to partially obstruct the view between adjacent land uses or properties. Buffers shall be maintained as undeveloped space and shall not be cleared, graded or excavated. (See Article VIII: Development Standards.)

Building means a combination of any materials, whether portable or fixed, that forms a structure for use or occupancy by persons or property.

Building code means the Virginia Uniform Statewide Building Code adopted by the state legislature and any amendments thereto.

Building permit means an approval statement signed by the building official authorizing the construction, alteration, reconstruction, or demolition of all or part of any building because the proposed development complies with this chapter and the building code.

Business service establishment means an establishment primarily engaged in providing a range of office support services, such as document copying services, facsimile services, word processing services, on-site personal computer rental, office product sales, and mailing services.

Business sign means a sign that directs attention to a product, commodity, or service available on the premises, including professional offices or institutional use.

Caliper means diameter of the tree trunk measured 4.5 feet above ground level.

Campground/recreational vehicle park means a lot or group of lots under common ownership designed and used to accommodate short-term, overnight guests using recreational vehicles, tents, or some other form of temporary lodging and not for permanent residential use. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Canopy, nonresidential drive-through means a structure that is not enclosed and is made of rigid or flexible materials, that provides overhead protection from rain or sun for drive-through service activity, including nonresidential establishments with drive-through service and gas pump islands at gas stations. The canopy may be attached or adjacent to a nonresidential building. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Car wash or auto detailing means an establishment providing the exterior washing of vehicles where vehicles are manually driven or pulled by a conveyor through a system of rollers and/or brushes. Interior cleaning and/or drying may be conducted manually by vehicle operator or on-site attendants. Drying may be conducted automatically, manually by the vehicle operator or by on-site attendants. Interior cleaning may be conducted manually by the vehicle operator or by on-site attendants. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Casualty damage means damage to a use, land, or structure from an event that is sudden, unexpected, and unusual, such as a hurricane, earthquake, fire, flood, theft, or similar event.

Cemetery means a cemetery or mausoleum is a use intended for the burial of the dead and dedicated for cemetery purposes. This use type may include a funeral home or mortuary or a mausoleum or columbarium (a structure or vault lined with recesses for cinerary urns), but does not include a crematory. This use also includes pet cemeteries. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Certificate of occupancy means a certificate granted by the building official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the building permit. A building may not be occupied without the issuance of a certificate of occupancy.

Change of use means the change in the use of a structure or land. Change of use shall include a change from one use type to another use type.

Check cashing establishment means any person or establishment engaged in the business of cashing checks, drafts, or money orders for compensation, and registered with the state corporation commission pursuant to Code of Virginia § 6.1-433.

Child day care center means an establishment providing a child day program offered to (i) 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 (ii) six or more children at any location. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Civic center means a facility designed to accommodate 500 or more persons and used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premises consumption. Similar structures with a capacity of less than 500 people constitute conference centers or training centers. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Club or lodge consists of a building or facilities owned and operated by a corporation, association, or group of individuals established for fraternal, social, educational, recreational, or cultural enrichment of its members and primarily not for profit, and whose members meet certain prescribed qualifications for membership.

Clubhouse means a building or room used for social or recreational activities by members of a club (e.g., golf course clubhouse) or occupants of a residential or other development. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Code or code of ordinances means the Code of the County of Powhatan County, Virginia.

College or university means a public or private, non-profit institution for post-secondary education offering courses in general or technical education which operates within buildings or premises on land owned or leased by the institution for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities and sororities, and other facilities which further the educational mission of the institution. In no event shall this definition prohibit a college or university from engaging in an activity historically conducted by such institutions. Trade or vocational schools are a different use type.

Commercial industrial services means an establishment engaged in the repair or servicing of agricultural, industrial, business, or consumer machinery, equipment, products, or by-products. Such uses may include tool repair shops, machine shops, or repairing of scientific or professional instruments. Firms that provide these services do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. Accessory activities may include retail sales, offices, and storage.

Commercial landscape operation means the provision of tree, lawn, and landscaping services including planting, pruning, mulching, and tree/lawn/grounds maintenance using landscaping materials grown on the property and landscape materials produced off-site such as top soil and mulch. Such uses may include greenhouses, office buildings, and equipment necessary for the operation of such services. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Commercial planned development means a specific parcel of land or several contiguous parcels of land, which have been master planned, in accordance with the requirements of this chapter, proposing permitted commercial and/or retail land uses, density patterns, a fixed system of streets, provisions for public utilities, drainage and other essential services and similar features necessary or incidental to development.

Commercial slaughterhouse. See Abattoir.

Community center means a building used for recreational, social, educational and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency. This includes community centers focused on serving senior citizens and youth.

Community development staff means the professional-level staff of Powhatan County, Virginia to whom the director of community development department delegates responsibilities to administer provisions in this chapter.

Community garden means a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person, household, or family. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Comprehensive plan shall mean the long-range comprehensive plan of Powhatan County, Virginia, including those maps, plats, charts, and descriptive matter that have been formally adopted by the Board of Supervisors, pursuant to the provisions of the Code of Virginia.

Concrete plant. See Asphalt or concrete plant.

Conditional use permit. See Article II: Administration.

Conditional zoning. See Article II: Administration.

Condominium means a multiple-unit residential or nonresidential development where individual units are owned individually, but all other elements of the development are owned jointly by unit owners.

Conference or training center means a facility designed to accommodate fewer than 500 persons and used for conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premises consumption. Similar facilities located in a rural setting constitute rural event venues (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Conservation easement means the recorded grant of property rights establishing limitations that run with the land for a minimum of 40 years duration that prohibit subdivision of non-farm development on the tract other than one single-family dwelling. Such easements shall be held by any entity authorized to hold easements by state law. (Title 10.1 Virginia Conservation Easement Act, Code of Virginia.)

Construction means the erection of any building or structure or any preparations (including land disturbing activities) for the same.

Construction plans. See Powhatan County Code, chapter 68 (Subdivisions).

Contiguous means abutting directly or immediately adjacent to a boundary or separated only by a street, railroad or public utility right-of-way.

Continuing care retirement community means an integrated development that offers senior citizens a full continuum of housing options and assistance, ranging from fully independent dwelling units, to assistance with personal care in assisted living facilities, to long-term skilled nursing care in a nursing home facility. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Contractor's offices means a building or portion of a building used by a building, heating, plumbing, electrical, or other development contractor both as an office and for the storage of a limited quantity of materials, supplies, and equipment inside the building. If outdoor storage of materials, supplies, or equipment is associated with the office, the use is considered a contractor's storage yard.

Contractor's storage yard means an outdoor storage area operated by, or on behalf of, a contractor for the storage of construction equipment, vehicles, or other materials commonly used in the individual contractor's type of business and/or the storage of scrap materials used for the repair and maintenance of contractor's own equipment.

Convenience center, county means a facility that accepts solid wastes generated by and transported from individual uses for temporary storage pending transport to a processing or disposal facility. It does not accept solid wastes from collection vehicles that have collected solid wastes from more than one real property owner; such wastes go directly to a disposal facility.

Convenience store means a retail establishment that offers for sale the following types of articles: bread, milk, cheese, canned and bottled foods and drinks, tobacco products, beer, wine, candy, papers and magazines, general hardware articles, gasoline, and related petroleum products. Fast food may be offered, but only as a secondary activity of a convenience store. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Correctional facility means a publicly or privately operated facility for the confinement of persons in lawful detention, especially persons awaiting trial or convicted of a crime, and located within or surrounded by existing state correctional facilities. Such uses may include cafeterias, housing for facility staff, outdoor storage and maintenance areas, recreational areas, medical facilities, agricultural facilities, and facilities for the production of goods or materials produced for sale.

Country club means a chartered, nonprofit membership club catering primarily to its membership. Country clubs may provide one or more of the following recreational and social activities: golf, swimming, riding, outdoor recreation, club house, locker room, special event facility, or pro shop.

Country inn means a business operated in one or more structures which offers overnight accommodations of up to 20 rooms and may contain a full-service restaurant providing meals to guests and the general public with seating for no more than 50 guests, meeting rooms, and banquet/event facilities; and may include related accessory uses such as an antique or gift shop, sale of baked, packaged or canned food products prepared on the premises, and recreational uses for the sole use of guests at the inn. The owner may or may not live on the premises. A country inn is not a bed-and-breakfast lodging, motel, inn or other use defined or regulated elsewhere in this chapter.

Crop production means agricultural and horticultural uses, including, but not limited to the commercial production of grains, field crops, vegetables, fruits, flower fields and seed production, ornamental crops, tree and sod farms.

Cupola means a small structure built on top of a roof.

Dairy means a commercial establishment for the manufacture, processing, or sale of dairy products, and not including animal confinement facilities. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Data center means an establishment primarily engaged in providing infrastructure (e.g., computer systems and associated components such as telecommunications and storage systems) for data processing and storage, web hosting, application hosting, streaming services, and related services. This use includes a server farm, telecom hotel, carrier hotel, telco hotel, telehouse colocation center, or any other term applicable to facilities which are used for these specified purposes.

Density means the ratio of the total number of residential dwelling units on a lot to total lot area (or in the case of mixed-use development, to lot area allocated to residential use).

Detached means a building that does not have a wall in common or in contact with another building and is separated from other structures by at least three feet.

Developer means any person, including a governmental agency, undertaking development.

Development means the initiation or change of any use and any man-made change to improved or unimproved real estate. "Development" shall include, but not be limited to, the following:

(1)

Change in the type of use of a building, structure, or land;

(2)

Disturbance of land through the removal of trees or ground cover;

(3)

Division of land into two or more parcels;

(4)

Dredging, filling, and grading;

(5)

Construction or enlargement of a building or other structures;

(6)

Material increase in the intensity of use of land, such as an increase in the number of businesses, offices, manufacturing establishments, or dwelling units located in a building or structure or on the land;

(7)

Demolition of a structure;

(8)

Commencement or expansion of agricultural, horticultural, or forestry activities on a parcel of land;

(9)

Commencement or expansion of resource extraction activities such as mining, excavation, or drilling operations;

(10)

Deposition of refuse or solid or liquid waste on a parcel of land;

(11)

Storage of equipment or materials;

(12)

Alteration, either physically or chemically, of the shore, bank, or channel of any stream, lake, or other body of water or alteration of any wetland; and

(13)

Any land disturbing activity that adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil.

Director means the Powhatan County, Virginia Director of Community Development. See Article II: Administration.

Distillery means an establishment primarily engaged in distilling and blending potable liquors, including mixing them with other ingredients, with a capacity greater than 5,000 gallons of finished product per year. A distillery may include a restaurant or public tasting room as an accessory use.

Driveway. See Powhatan County Code, chapter 68 (Subdivisions): Driveways; Driveway Layout and Design.

Drugstore or pharmacy with drive-through service means a freestanding establishment including one or more drive-through lanes for customer service that is engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Dump heap shall mean any lot on which trash, debris, garbage or other waste, tires, junk or scrap material is dumped or deposited, and which has not been approved as either a debris landfill or a sanitary landfill. This use does not include agricultural equipment, debris, or scrap material kept on any parcel enrolled in the Land Use Deferral Program (described in Chapter 70, Article II, Division 3 of the Code of the County of Powhatan), or where the property owner demonstrates there is a bona fide agricultural operation devoted to animal production, crop production, or a similar agricultural use defined in this section.

Dwelling unit means one or more rooms connected together and constituting a single housekeeping unit, with independent cooking and sleeping facilities, designed or used for occupancy by a single-family, and separate from any other dwelling units or rooms in the same building.

Dwelling, duplex means a residential building containing two dwelling units. Such units may be part of a single structure, or may be attached by one or more common walls. Unlike dwelling, townhouse, each dwelling unit is located on the same parcel and are not located on individual lots (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Dwelling, live/work means a structure or portion of a structure combining a residential living space for one or more persons with an integrated nonresidential work space principally used by one or more of the residents. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Dwelling, manufactured home means a residential building constructed in accordance with the U.S. HUD's Manufactured Housing Construction and Safety Standards that:

(1)

Is transportable in one or more sections that are at least eight feet wide and 40 feet long in the traveling mode or contain at least 320 square feet of gross floor area when erected onsite (unless otherwise certified by under the Manufactured Housing Construction and Safety Standards Act);

(2)

Is built on a permanent chassis and designed to be used as a single dwelling unit with or without a permanent foundation when connected to the required utilities; and

(3)

Includes the plumbing, heating, air-conditioning, and electrical systems contained in the building.

(See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Dwelling, multifamily means a residential building containing three or more dwelling units, with the units often stacked one above the other in a vertical configuration and sharing common vertical walls and/or horizontal floors and ceilings. Individual dwelling units may be rented or individually owned (i.e., a condominium unit). Multifamily dwellings differ from townhouse dwellings in that individual dwelling units are not located on individual lots.

Dwelling, single-family detached means a detached residential building other than a manufactured home containing a single dwelling unit. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Dwelling, three- or four-family means a residential building containing three or four individual dwelling units. The units may be located side by side in a horizontal configuration and/or stacked one above the other in a vertical configuration, sharing common vertical walls and/or horizontal floors/ceilings. A three-family dwelling may be referred to as a triplex, and a four-family dwelling as a quadplex. Unlike dwelling, townhouse, each dwelling unit is located on the same parcel and not located on individual lots. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Dwelling, townhouse means a residential building containing two or more dwelling units, each with its own outside entrance and individual lot, and that are joined together by a common or party wall that is without openings for human passage.

Easement means a grant by a landowner to another landowner or to the public, of a right to occupy or use designated land for specific purposes, such as access, drainage, conservation, the location of public improvements, or other specified purpose. An easement does not constitute fee simple ownership of the land.

Eave means the lower border of a roof that overhangs the wall.

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

Electric vehicle (EV) means a vehicle that operates, either partially or exclusively, on electric energy stored in the vehicle's batteries. "Electric vehicle" includes a vehicle operating exclusively on electrical energy from its batteries (battery electric vehicle, or BEV), or a vehicle that is powered by both an internal combustion engine and an electric motor operating on electrical energy from on-board batteries charged primarily through connections to the electric grid or other off-board electrical source (plug-in hybrid electric vehicle, or PHEV).

Electric vehicle (EV) level 1 or 2 charging station means an electric vehicle (EV) level 1 or 2 charging station is a vehicle parking space that is served by an electrical component assembly or cluster of component assemblies (battery charging station) designed and intended to transfer electric energy, by conductive or inductive means, from the electric grid or other off-board electrical source to a battery or other energy storage device within an electric vehicle. A level 1 charging station is a slow charging station that typically operates on a 15- or 20-amp breaker on a 120-volt alternating current (AC) circuit. A level 2 charging station is a medium charging station that typically operates on a 40- to 100-amp breaker on a 208- or 240-volt alternating current (AC) circuit. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Electric vehicle (EV) level 3 charging station means an electric vehicle (EV) level 3 charging station is a vehicle parking space that is served by an electrical component assembly or cluster of component assemblies (battery charging station) designed and intended to transfer electric energy, by conductive or inductive means, from the electric grid or other off-board electrical source to a battery or other energy storage device within an electric vehicle. A level 3 charging station is an industrial grade charging station that operates on a high-voltage circuit to allow for fast or rapid charging. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Electronic message sign. See Article VIII: Development Standards.

Elevated building means a non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).

Encroachment means for purposes of floodplain management, the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Estate sale/auction means a public sale or auction to dispose of the majority of the materials owned by a person who is deceased or will be moving. (See temporary/use-specific standards, Division 3: Standards for Temporary Uses and Structures, of Article VII: Use Standards.)

Expansion means an increase in the floor area of an existing structure or building, or the increase of area of a use.

Fabrication. See Manufacturing, assembly, or fabrication, light.

Facade means the front of a building, including the entire building wall, fascia, windows, doors, and canopy.

Fairground means an area of land use including, but not limited to: agricultural-related office buildings, animal shows and judging, carnivals, circuses, community meeting or recreational buildings and uses, concerts, food booths and stands, games, rides, rodeos, sales and auctions, storage, theaters. Amphitheaters, arenas, stadiums, auditoriums, amusement parks or stages may be an accessory use to a fairground. Fairgrounds do not include racetracks or motorsports parks.

Family means one or more persons occupying a single dwelling unit and living together as a single housekeeping unit, provided that the unit is made up of:

(1)

Any number of persons who are all related by blood, marriage, adoption, or foster care arrangement; or

(2)

No more than five persons not related by blood, marriage, adoption or guardianship living together; and

(3)

Domestic servants employed on the premises may be housed on the premises without being counted as a family or families.

Family day care home means the use of a dwelling unit where a resident provides care for one through five children under the age of 13, exclusive of the resident provider's own children and any children residing in the home as part of the resident family, when at least one child receives care for compensation. In accordance with Code of Virginia §§ 15.2-2292 and 63.2-100, this use is treated as an accessory use to the residential use of a dwelling unit.

Farm winery means an establishment with facilities for fermenting and bottling wine where the owner or lessee of the facility manufactures wine that contains not more than 18 percent alcohol by volume and that is either:

(1)

Located on a farm with a producing vineyard, orchard, or similar growing area; or

(2)

Located in the state with a producing vineyard, orchard, or similar growing area or that has agreements to purchase grapes or fruits from agricultural growers within the state.

As used in this definition, the term "owner" or "lessee" shall include a cooperative formed by an association of individuals for the purposes of manufacturing wine. In the event such cooperative is licensed as a farm winery, the term "farm" as used in this definition includes all of the land owned or leased by the individual members of the cooperative, as long as such land is located in the state. A minimum of 51 percent of the fresh fruits or agricultural products used at the farm winery for the production of wine shall be grown or produced on the farm or at the winery and no more than 25 percent of the fruits, fruit juices, or other agricultural products shall be grown outside the state.

Accessory uses at a farm winery can include: wine tasting, rooms at which wine tasting occurs, accessory food sales related to wine tasting, and retail areas where wines produced on-site are sold.

Farm winery, special impact means a farm winery that involves the regular use of outdoor amplified music or other customary farm winery activities or events that have a substantial impact on the health, safety, or welfare of the public. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards (agriculture related uses, general standards; and farm winery, special impact).)

Farm worker housing means living accommodations for farm workers or for families in which the head of household is a farm worker.

Farmers' market means a public market held in a structure or open area where farmers primarily sell produce and other farm products they have grown, gathered, or raised directly to consumers. A farmers' market as a principal use occurs regularly for all or most of the year, whereas a farmers' market as a temporary use occurs occasionally or periodically for only a limited time period during the year. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards; and See Temporary/Use-Specific Standards, Division 3: Standards for Temporary Uses and Structures, of Article VII: Use Standards.)

Fenestration means the arrangement, proportions, and design of windows and doors along the facade of a building.

Fire or EMS station means a facility for the provision of local rapid response emergency services such as firefighting and mobile medical emergency services, including areas for the storage and maintenance of emergency vehicles, and equipment and facilities for the housing and feeding of emergency personnel while on duty.

Fire training facility means a facility for intensive training of fire protection personnel in firefighting, rescue, fire investigation, and other skills associated with the provision of fire protection. Such facilities may include fire training towers and other fire simulating facilities and equipment.

Flea market means a market held in an open area or structure where individual sellers offer goods for sale to the public. Such sellers may set up temporary stalls or tables for the sale of their products. Such sales may involve new and/or used items and may include the sale of fruits, vegetables, and other edible items. The use does not include a farmers' market, where food items predominate, or a garage sale or yard sale that is conducted on a residentially developed lot by members of a household, or civic groups selling primarily donated items. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Flood or flooding:

(1)

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

a.

The overflow of inland or tidal waters; or

b.

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

(2)

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

Floodplain or flood-prone area means any land area susceptible to being inundated by water from any source.

Floodplain permit. See Article II: Administration.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

Floor area (gross floor area) means the sum of the gross horizontal areas of each covered floor of a building, measured from the outside faces of exterior walls or from the centerline of party walls separating two buildings—but not including areas devoted to vehicle parking or loading; uninhabitable basements, attics, and service or mechanical equipment rooms; and areas open to the sky or unenclosed on two or more sides (e.g., balconies, open porches and breezeways, patios, and courtyards).

Floor area ratio (FAR) means the ratio of gross floor area of all buildings on a lot to total lot area.

Foot candle means a quantitative unit of measure referring to the measurement of illumination incident to a single point. One foot-candle is equal to one lumen uniformly distributed over an area of one square foot.

Forestry and logging means a use of land whereby forests are tended, harvested, and reforested either by natural or artificial reforestation, or both and where timber is cut and sorted on-site for commercial purposes.

Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed.

Fuel oil or bottled gas distribution or storage means an establishment that distributes fuel oil or bottled gases, such as propane or liquid petroleum, for compensation or that may store in bulk fuel oil or kerosene for heating purposes in aboveground containers.

Fuel oil or bottled gas distribution or storage, limited means the distribution of fuel oil or bottled gases, such as propane or liquid petroleum, in cans no greater than five gallons in volume, for compensation. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

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

Full cut off luminaire means a full cut off luminaire has zero candela intensity at an angle of 90 degrees above the vertical axis (nadir or straight down) and at all angles greater than 90 degrees from straight down.

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

Funeral home means an establishment that provides human funeral services, including embalming and memorial services. Crematories are accessory uses to a funeral home.

Garage or yard sale means the temporary and occasional use of the garage or yard of a residential dwelling for the casual sale of miscellaneous items of personal property to the general public. (See temporary/use-specific standards, Division 3: Standards for Temporary Uses and Structures, of Article VII: Use Standards.)

Gas station means an establishment used partly or entirely for storing and dispensing flammable liquids, combustible liquids, combustible gases or gas used as fuel, from fixed equipment into the fuel tanks of motor vehicles. The use may include the sale of lubricating oil and minor accessories for motor vehicles and the sale of soft drinks, candy, cigarettes, and related items for the convenience of motorists. This use does not include automotive repair and servicing or car wash and detailing or a convenience store, although a gas station use may be combined with these principal uses where they too are permitted. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

General industrial services means an establishment engaged in the repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products. Establishments providing these services do so mainly by providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. Accessory activities include retail sales, offices, and storage. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Golf course means a tract of land laid out with at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards. Accessory uses of a golf course may include a clubhouse (with or without eating facilities), shelters, a driving range, putting green, maintenance facilities, an irrigation system, and outdoor storage of materials and equipment.

Greenhouse, nursery, and floriculture production means an establishment where flowers, shrubbery, vegetables, trees, and other horticultural and floricultural products are grown for resale both in open or enclosed buildings.

Grocery store means an establishment engaged in retail and/or wholesale sale of food, foodstuffs, sundries, or other common household items to members of the public.

Guest room means a room designed or intended for occupancy by one or more guests who pay direct or indirect compensation therefore, but in which no provisions is made for cooking. Dormitories are not included herein.

Halfway house means a licensed residential facility providing housing, food, supervision, rehabilitation, and counseling to juvenile or adult persons who have had alcohol or drug problems that make it difficult to cope in society or have been placed in the facility on release from, or in lieu of, more restrictive custodial confinement under the criminal justice system. The purpose of such facilities is to provide residents a supportive family living environment and care that will help mainstream them back into society. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Hardship housing. See Post-disaster temporary dwelling.

Hazardous material collection site means an establishment for the collection, distribution, sale and/or transfer of hazardous material that because of their concentration or physical or chemical characteristics, may pose a substantial hazard to human health or the environment if improperly stored, disposed of, or otherwise managed. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Heavy vehicle/equipment repair and servicing means a heavy vehicle/equipment repair and servicing use is an establishment engaged in the repair and servicing of heavy vehicles and equipment of 12,000 or more pounds gross vehicular weight (GVW). (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Heavy vehicle/equipment sales, rental, or storage means a heavy equipment sales, rental, or storage use is an establishment engaged in the display, sale, leasing, rental, or storage of heavy vehicles and equipment of 12,000 or more pounds gross vehicular weight (GVW). (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Hedge means a fence or a boundary formed by a dense row of shrubs or low trees.

Height. See Structure height.

Helicopter landing facility means an identifiable area on land or water, or elevated on a structure, that is licensed or approved for the landing and takeoff of helicopters or other rotorcraft, and which may include auxiliary facilities such as parking, waiting room, fueling, and maintenance equipment. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Historic district means any district listed on the Virginia Landmarks Register by the Historic Resources Board according to the procedures specified in Code of Virginia, Title 10.1, ch. 22. (See Article VI: General Overlay Districts.)

Historic landmark means any landmark listed on the Virginia Landmarks Register by the Historic Resources Board according to the procedures specified in Code of Virginia, Title 10.1, ch. 22.

Historic structure means any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(3)

Individually listed on the Virginia Landmarks Register, or certified by the Director of the Virginia Department of Historic Resources as contributing to the historic significance of a historic district listed in the Virginia Landmarks Register, or meeting the criteria for listing in the Virginia Landmarks Register; or

(4)

Individually listed on an inventory of historic places developed by the county as part of a historic preservation program that has been certified by the Virginia state historic preservation program.

Home garden means use of land on a residential lot for the outdoor cultivation of vegetables, fruits, flowers, or other small plants as accessory to the principal residential use, for consumption by the occupants of the use.

Home occupation means a business, profession, occupation, or trade that is conducted within or on the premises of a residential dwelling unit for the economic gain or support of a resident of the dwelling, is incidental and secondary to the residential use of the lot, and does not adversely and/or perceptively affect the character of the lot or surrounding area. Home occupation includes, but is not limited to: Offices; electronic and offsite retail; studios for fine arts and crafts; and personal services (such as physical therapy and massage clinics by licensed individuals; beauty parlors; pet grooming; and the like), that generally operate on an appointment-only basis. Home occupation does not include such businesses as automotive repair and the like; dentists' or physicians' offices and the like; any licensed or unlicensed practitioner who performs invasive procedures (acupuncture, tattooing, body piercing, and the like); restaurants, bars, social clubs and the like; animal kennels or hospitals and the like; or any other business that is clearly inappropriate or out of character for a residential area such that its location constitutes an adverse impact on neighboring residential properties. (See accessory/use-specific standards, division 2: Standards for Accessory Uses and Structures, of article VII: Use Standards.)

Home-based business means a special type of home occupation that employs up to two persons who are not residents of the dwelling. (See accessory/use-specific standards, division 2: Standards for Accessory Uses and Structures, of article VII: Use Standards.)

Home-based landscape business means a special type of home occupation that provides tree, lawn, and landscaping services including planting, pruning, mulching, and tree/lawn/grounds maintenance. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Home-based truck hauler business means any home-based business utilizing a truck or commercial vehicle exceeding 5,000 pounds net weight, and having more than two axles. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Homeless shelter means a facility with support and supervisory personnel that provides temporary living accommodations for homeless persons.

Homeowners association means a non-profit organization operating under recorded land agreements through which: (a) each lot and/or homeowner in a development is automatically a member, and (b) each lot is automatically subject to a charge for a proportionate share of the expenses for the organization activities.

Horse boarding and equestrian training means an establishment where horses are boarded and cared for, where instruction in riding, jumping, and showing is offered, and where horses may be hired for riding. Uses include livery stables and riding academies. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Horse racetrack or show grounds means a facility that includes a measured course where horses or other animals are entered in competition against one another or against time or where horses or ponies are judged as part of an exhibition. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Hospice facility means a facility owned or operated by a hospice provider and licensed in accordance with Code of Virginia § 32.1-162 to provide room, board, and appropriate hospice care on a 24-hour basis, including respite and symptom management, to individuals requiring such care pursuant to the orders of a physician.

Hospital means any facility licensed by the Commonwealth of Virginia pursuant to Code of Virginia Title 32.1, in which the primary function is the provision of diagnosis, of treatment, and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals, including hospitals known by varying nomenclature or designation such as children's hospitals, sanatoriums, sanitariums and general, acute, rehabilitation, chronic disease, short-term, long-term, outpatient surgical, and inpatient, outpatient maternity hospitals, and including such facilities as nursing homes, assisted living facilities, continuing care facilities, self-care facilities, wellness and health maintenance centers, medical office facilities, clinics, alcohol, substance abuse and drug treatment centers, laboratories, research facilities, hospice facilities, facilities for the residence or care of the elderly, the handicapped or the chronically ill, residential facilities for nurses, interns, and physicians and any other kind of facility for the diagnosis, treatment, rehabilitation, prevention, or palliation of any human illness, injury, disorder, or disability. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Hotel or motel means a hotel or motel is a building or a group of buildings in which one or more sleeping accommodation units are offered to the public and intended primarily for use by transient persons or tourists for overnight or short-term lodging basis. Such uses may include kitchenettes, microwaves, and refrigerators for each guest unit. This use type does not include bed and breakfast inns. Hotels and motels are considered synonymous uses. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Independent cooking facility. See kitchen, residential.

Infill development means the development of vacant or partially developed parcels that are surrounded by or in close proximity to areas that are substantially or fully developed. (See Article VIII: Development Standards.)

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

Interpretation means an interpretation of the text, uses, or other provisions of this chapter, or the boundaries of official zoning district map of this chapter, or the conditions of approval imposed on a permit or development approval. Interpretations are rendered in accordance with Article II: Administration, or Powhatan County Code, chapter 68 (Subdivisions).

Junkyard/salvage yard means an establishment where junk, waste, discarded, salvaged, or similar materials such as old metals, wood, slush, lumber, glass, paper, rags, cloth, bagging, cordage, barrels, containers, and the like, are bought, sold, exchanged, baled, packed, disassembled, stored, or handled, including used lumber and building material yards, house wrecking yards, heavy equipment wrecking yards, and yards or places where salvaged house wrecking or structural steel materials are stored, handled, and sold. This use does not include automobile wrecker services and establishments for the sale, purchase, or storage of second-hand cars, clothing, salvaged machinery, furniture, radios, stoves, refrigerators, or similar household goods and appliances, all of which shall be usable, nor does it include the processing of used, discarded, or salvaged materials incident to manufacturing activity on the same site where such processing occurs. This use includes "automotive graveyard" as defined in Code of Virginia § 33.1-348, but does not include storage that is accessory to an agricultural use. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Kennel, commercial means a facility (other than an animal confinement facility or animal production use) which charges to or collects from animal owners a fee for overnight maintenance, care or boarding of animals, where five or more dogs, cats, fowl, or other pets over the age of six months are kept. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Kennel, private means a building and/or premises where five or more dogs, cats, fowl (including domestic chickens and ducks), or other pets over the age of six months are kept, boarded, maintained, or cared for overnight, for private, noncommercial purposes such as for show, hunting, farming, or as household pets. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Kitchen, residential means any single room within a dwelling unit that contains a cooking oven (other than a microwave oven) or gas or electric burners for cooking food, and two or more of the following items:

(1)

A microwave oven;

(2)

An electrical supply of more than 110 volts;

(3)

A sink with a drain one inch in diameter or larger;

(4)

A garbage disposal;

(5)

A dishwasher; and/or

(6)

A refrigerator or freezer.

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

Land means the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Land clearing debris disposal facility means a land clearing debris disposal facility is a solid waste management facility other than a construction and demolition debris disposal facility that is the final resting place for materials that normally result from land clearing and/or land development operations for a construction project—including rocks, soils, trees, tree remains, and other vegetative matter, but not vegetative matter from lawn and landscape maintenance, right-of-way or easement maintenance, farming operations, nursery operations, or other sources not related to a construction project. This use is subject to state solid waste management regulations. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Land disturbing activity means any man-made change of the land surface, including removing vegetative cover, excavating, filling, and grading, and the construction of any structure—but not including minor modifications to landscaping or agricultural activities such as planting, cultivating, and harvesting of crops or trees, or growing or tending of gardens.

Landowner means any owner of a legal or equitable interest in real property, including the heirs, devisees, successors, assigns, and agent or personal representative of the owner.

Large retail sales establishment means a large retail sales establishment is any retail sales establishment constituting a single business engaged in retail sales activities and located in a stand-alone single tenant building with a gross floor area of 60,000 square feet or more.

Law enforcement facility means protection centers operated by a governmental agency, including administrative offices, storage of equipment, temporary detention facilities, and the open or enclosed parking of patrol vehicles. Correctional facilities are not a law enforcement facility and are a separate use type.

Lawn care, pool, or pest control service means an establishment primarily engaged in providing lawn care services (e.g., mowing, aeration, seeding, fertilizer, landscaping), swimming pool services (e.g., cleaning, draining, equipment repair), or pest control services (e.g., inspection, extermination).

Limited commercial landscaping contractor. See Home-based landscaping business.

Liquor store means an establishment licensed by the state exclusively for the retail sale of liquor or spirits in sealed containers for consumption off the premises where sold.

Live entertainment means and shall include, but not be limited to, musical performances, public speaking, or comedy.

Livestock means animals normally kept for use on a farm or raised for sale or profit, including but not limited to pigs, sheep, goats, cattle, bison (American buffalo), chickens, horses, ponies, alpacas, and llamas.

Livestock market means an enclosure or structure designed or used for holding livestock for purposes of sale or transfer by auction, consignment, or other means. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Loading space, off-street. See Article VIII: Development Standards.

Logo means any display of emblems, lines, or colors, or any combination thereof (but not including letters or numbers), used as a symbol of an organization or business.

Lot means a parcel of land occupied or intended to be occupied by a principal use or structure, together with any accessory structures or uses and such accessways, parking area, yards, and open spaces required in these regulations.

Lot, corner means a lot other than a through lot that abuts two or more streets at their intersection.

Lot, flag see definition for "lot, flag" in chapter 68 (Subdivision Ordinance), section 301 (Definitions) of the subdivision ordinance.

Lot, interior means a lot abutting only one street.

Lot, through means a lot abutting two parallel or nearly parallel streets.

Lot area means the total horizontal land area within the lot lines of a lot, excluding any area within existing or proposed public street rights-of-way or private road easements or the Floodplain Overlay District.

Lot coverage means the percentage of total lot area covered by all principal and accessory buildings.

Lot line, corner means, on a corner lot, the longer of the two lot lines abutting a public street right-of-way or private road easement.

Lot line, front means a lot line (other than a corner lot line) separating the lot from an abutting public street right-of-way or private road easement. Where the boundaries of a lot extend into an abutting public street right-of-way or private road easement, the front lot line shall be the outside edge of the right-of-way or easement.

Lot line, rear means a lot line not abutting a street and connecting the lot's side lot lines—or a side lot line and a front lot line, for corner lots—along the edge of the lot opposite its front lot line.

Lot line, side means a lot line not abutting a street and connecting the lot's front and rear lot lines.

Lot of record means a lot which is part of a subdivision, a plat of which has been recorded in the office of the clerk of circuit court, or a lot described by metes and bounds, the description of which has been so recorded.

Lot width means the horizontal distance along a line delineating the minimum front yard depth applicable to a lot, between its intersections with the lot's side lot lines. For lots with more than one front yard, lot width applies along the front yard that has the shorter street frontage and for residential lots, fronts the street with the lower traffic volume capacity.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44 CFR § 60.3.

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

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

Major recreational equipment means a boat, boat trailer, travel trailer, pick-up truck camper, motor coach, motorized dwelling, tent trailer, or similar recreational vehicle or equipment, as well as cases or boxes used for transporting recreational equipment, whether or not occupied by such equipment. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Major thoroughfare plan means a plan identifying roadway improvements needed to support projected growth and assigning priorities for roadway construction, which is incorporated into the long-range comprehensive plan of Powhatan County, Virginia, as amended.

Manufactured home means a structure subject to federal regulation, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. (See temporary/use-specific standards, Division 3: Standards for Temporary Uses and Structures, of Article VII: Use Standards.)

Manufactured home park (includes mobile home park) means a parcel of land under single ownership or management which is operated as a business engaged in providing a place where manufactured or mobile homes are installed for non-transient living or sleeping purposes and where sites or lots are set aside or offered for lease for use by manufactured or mobile homes for living or sleeping purposes. Accessory uses to manufactured home parks include caretaker quarters, laundry facilities, and facilities for parks and recreation. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Manufacturing, assembly, or fabrication, heavy means an establishment primarily engaged in the basic manufacturing or processing of materials or products predominately from extracted or raw materials, in the bulk storage or manufacturing use of highly flammable, toxic, or explosive materials, or in storage or manufacturing processes that potentially involve hazardous conditions, the generation of noxious noise, smoke, vapors, fumes, dust, glare, odor, vibration, or other offensive conditions beyond the site of the use. Such uses include, but are not limited to: manufacture or assembly of machinery, equipment, instruments, vehicles, appliances, communications equipment, computer or electronic equipment, precision items and other electrical items; the processing of food and related products; lumber mills, pulp and paper mills, and the manufacture of other wood products; and electric power generation plants. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Manufacturing, assembly, or fabrication, light means an establishment primarily engaged in manufacturing uses that involve the mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor, or vibration. This use type does not include other manufacturing uses specifically listed in the standards for specific principal uses (Article VII: Use Standards). Examples include, but are not limited to: computer design and development; apparel production; sign making; assembly of pre-fabricated parts; manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of surgical instruments; manufacture, processing, and packing of cosmetics; and manufacturing of components, jewelry, clothing, trimming decorations, and any similar item. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Marina, commercial means a harbor, boat basin, or other commercial facility that provides secured moorings and/or docking facilities, supplies, or other services for watercraft, including facilities for storing watercraft in or out of the water. Accessory uses may include hull and engine repairs, boat and accessory sales, packaged food sales, restaurants, personal services, fueling facilities, storage and overnight guest facilities. This use type does not include the mooring or docking of watercraft at a private dock associated with a residential unit or on private property where no fee is charged.

Marina, noncommercial means a marina designed and intended to be used for mooring of boats by residents of a general neighborhood with no commercial facilities other than those necessary for minor servicing and repairs.

Massage clinic means any establishment other than a regularly licensed hospital where nonmedical and nonsurgical manipulative exercises are practiced on the human body for reasons other than cosmetic or beautifying purposes by anyone that is not a physician or surgeon or has a similarly registered professional status.

Maximum practicable extent means no feasible or practical alternative exists, as determined by the director or administrator (as appropriate), and all possible efforts to comply with the standards or regulation or minimize potential harmful or adverse impacts have been undertaken by an applicant. Economic considerations may be taken into account, depending upon their legal applicability, but shall not be the overriding factor determining "maximum extent practicable."

Meat processing facility, minor means a facility for the commercial processing of meat for human consumption, including, but not limited to, slaughtering, butchering, cutting, dressing, and packaging of meat products, but does not include rendering. The primary building where processing occurs cannot exceed 5,000 square feet in size. Associated office and other accessory buildings do not count towards this square footage limit. A meat processing facility is designed to accommodate the confinement and slaughtering of live animals and may include packing, treating, storage, or sale of the product on the premises. A minor meat processing facility does not include butcher shops, rendering plants, or restaurants. Use is subject to development standards for parking, landscaping, etc. [Sections 83-450, 83-457, 83-455, 83-460, 83-461, 83-462, 83-463, 83-464, 83-465, 83-466, 83-467, 83-468, 83-469, 83-470, 83-471]

Medical or dental clinic means a small-scale facility where patients are admitted for examination and treatment by one or more physicians, dentists, or other health practitioners on a short-term basis. The use includes the offices of physicians, dentists, chiropractors, optometrists, podiatrists, audiologists, speech pathologists, physical therapists, acupuncturists, psychologists, and other health practitioners. It also includes facilities providing short-term outpatient care and treatment (which may or may not be overnight), such as urgent care centers, kidney dialysis centers, ambulatory surgical clinics, outpatient pain therapy clinics, biofeedback centers, sleep disorder clinics, family planning clinics, community health clinics, and health maintenance organization (HMO) medical clinics. Such facilities that provide overnight care and treatment may include sleeping rooms for care workers and members of patients' families. This use does not include hospitals (which are much larger in scale) or blood/tissue collection centers, drug or alcohol treatment facilities, or massage clinics (which provide specialized medical services).

Medical or dental lab means facilities and offices devoted to bacteriological, biological, x-ray, pathological, and similar analytical or diagnostic services to medical doctors or dentists, including incidental pharmaceutics and the production, fitting, and/or sale of optical, dental, or prosthetic appliances.

Medical treatment facility means facilities and offices for providing inpatient and overnight treatment, care, and support targeted to chronically ill patients or involving minor surgical procedures. This use involves more intensive and longer duration treatment and care than medical clinics and less intensive treatment and care than hospitals. Examples include urgent care centers and outpatient surgery centers.

Metal-working, welding, pipe fitting means an establishment primarily engaged in processing metals to create individual parts or assemblies, fabricating products by joining metals through welding, or installing or repairing piping or tubing systems that convey liquids, gas, steam, or water.

Micro-brewery means an establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer, with a capacity of not more than 315,000 gallons per year. This use does not include brewpubs, where the primary use is a restaurant rather than brewing, although a micro-brewery may include a restaurant or public tasting room as an accessory use.

Micro-distillery means an establishment primarily engaged in distilling and blending potable liquors, including mixing them with other ingredients, with a capacity of not more than 5,000 gallons of finished product per year. A micro-distillery may include a restaurant or public tasting room as an accessory use.

Mobile home park. See Manufactured home park.

Model sales home/unit means a dwelling, dwelling unit, or other marketable unit of a new development that is used for real estate sales or leasing activities associated with the development pending construction of the development and the initial sales of homes or units in the development. (See temporary/use-specific standards, Division 3: Standards for Temporary Uses and Structures, of Article VII: Use Standards.)

Motel. See Hotel or motel.

Motion picture theater means a motion picture theater that is a building or part of a building, and is devoted to showing motion pictures. This can also include an open lot or part of an open lot and auxiliary facilities devoted primarily to the showing of motion pictures on a paid admission basis to patrons seated on outdoor seats.

Motorsports park means a facility, primarily outdoors and open to the public for a fee, which is designed for motor vehicle sporting activities. Motor vehicles include but are not limited to automobiles, trucks, go-carts, motorcycles, tractors, dirt bikes, all-terrain vehicles (ATVs) and similar vehicle types.

Moving and storage establishment means a facility primarily engaged in providing local or long-distance trucking of used household, used institutional, or used commercial furniture and equipment. Incidental packing and storage activities are often provided by these establishments.

Museum means a building serving as a repository for a collection of natural, scientific, historical, or literary curiosities or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the limited retail sale of goods, services, or products to the public.

Natural disaster means any event in which damage to a use or structure is caused by flooding, hail, wind event or wind storm, lighting strike, tornado damage, explosion, falling trees, or falling tree limbs.

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

Newspaper or magazine publishing means an establishment primarily involved in carrying out operations necessary for producing and distributing newspapers, including gathering news; writing news columns, feature stories, and editorials; selling and preparing advertisements; and publishing of newspapers in print or electronic form. Not included are establishments primarily engaged in printing publications without publishing (categorized as manufacturing and production uses) or education or membership organizations incidentally engaged in publishing magazines or newsletters for distribution to their membership.

Nightclub means a place of entertainment offering alcoholic beverages for consumption on the premises that may also provide on-site entertainment in the form of live performances, dancing, billiards, comedic performances, or other entertainment activities. This use does not include adult theater uses. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Nonconforming lot means any lot of record that lawfully existed before adoption of this chapter, or subsequent amendment thereto, but does not comply with the lot standards of this chapter, or the subsequent amendment. (See Article IX: Nonconformities.)

Nonconforming sign means any sign that lawfully existed before adoption of this chapter, or subsequent amendment thereto, but does not comply with the sign standards of this chapter, or the subsequent amendment. (See Article IX: Nonconformities.)

Nonconforming site feature means any landscaping, lighting, screening, signage, or exterior building design that lawfully existed before adoption of this chapter, or subsequent amendment thereto, but does not comply with the landscaping, lighting, screening, signage, or exterior building design standards of this chapter, or the subsequent amendment. (See Article IX: Nonconformities.)

Nonconforming structure means any building or other structure (other than a sign) that lawfully existed before adoption of this chapter, or subsequent amendment thereto, but does not comply with the standards of this chapter, or the subsequent amendment, that govern its size, height, lot coverage, setbacks, and other locational aspects. (See Article IX: Nonconformities.)

Nonconforming use means any use of land or a building or other structure that lawfully existed before adoption of this chapter, or subsequent amendment thereto, but does not comply with the use standards of this chapter, or the subsequent amendment. (See Article IX: Nonconformities.)

Nonconformity means a nonconforming use, structure, lot of record, sign, or site feature. (See Article IX: Nonconformities.)

Notice of violation means a notice indicating a violation of this chapter. (See Article X: Enforcement.)

Nursing home means any facility or any identifiable component of any facility licensed in accordance with Code of Virginia Title 32.1 in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more nonrelated individuals, including facilities known by varying nomenclature or designation such as convalescent homes, skilled nursing facilities or skilled care facilities, intermediate care facilities, extended care facilities and nursing or nursing care facilities. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Office park means a development that contains more than one separate office building, along with supporting uses, and open space, all of which are designed, planned, constructed, and managed on an integrated and coordinated basis.

Oil or gas extraction means the drilling, extraction, and transportation of subterranean fossil gas and petroleum, and necessary attendant uses and structures, but excluding refining, processing, or manufacturing thereof.

Opacity means the quality or state of a body that makes it impervious to the rays of light.

Open area means the portion of a lot not used for buildings, structures, parking, loading, or streets, which is set aside for landscaping and/or recreation.

Open space means land used for a park, a playground, a recreation facility, resource protection, scenic, or recreational purposes that is individually owned or owned by a property owners association, or similar entity, and is designed for the common use of the residents or occupants of a development, and not for the general public. (See Article VIII: Development Standards.)

Ordinary maintenance and repairs means work done on a building or structure to correct any deterioration or decay of, or damage to, the building or structure, or any part thereof, and restore the building or structure as nearly as practical to its condition before the deterioration, decay, or damage.

Other office facility means any private office use that is a principal use and is not specifically listed in the principal use tables.

Other retail sales establishment means any establishment primarily engaged in the sale, rental, and incidental servicing of goods or commodities that are generally delivered or provided on the premises to a consumer, and that is not specifically listed in the principal use tables. Examples include, but are not limited to, book or media stores, dry cleaning or laundry drop-off stores, laundromats, home and building supply centers, personal and household goods repair, floor covering stores, window treatment stores, camera stores, optical goods stores, clothing stores, shoe stores, luggage stores, jewelry stores, piece goods stores, and pet shops.

Other surface mining means an area used for the excavation or extraction of natural mineral deposits or other natural materials, for financial gain, not including quarrying, soil extraction, or removal of plant matter for resale as landscaping material.

Outdoor display and sale of merchandise means the placement of products or materials for sale outside the entrance of a retail or wholesale sales establishment. (See accessory/use-specific standards, Division 3: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Outdoor luminaire means a luminaire which is permanently installed outdoors including, but not limited to, devices used to illuminate any site, structure, or sign.

Outdoor seasonal sales means a temporary outdoor business enterprise that is conducted primarily outdoors and offers for retail sale items that are, by their nature, are in particular demand during a relatively short peak season—including, but not limited to, Christmas trees, pumpkins, produce, flowers, and fireworks. (See temporary/use-specific standards, Division 3: Standards for Temporary Uses and Structures, of Article VII: Use Standards.)

Outdoor storage means the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours. This shall not include a junkyard or salvage yard or the display and storage of vehicles as part of an automobile, recreational vehicle, trailer, or truck sales or rental use. Such activities may be the principal use of a lot or an accessory use to another principal use. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards; see accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards (outdoor storage; and parking or storage of large vehicles); and see Article VIII: Development Standards.)

Parcel of land means any quantity of land capable of being described with such definiteness that its location and boundaries may be established which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.

Parent tract means any lot or parcel which was lawfully recorded by a plat of subdivision and/or deed(s) in the Office of the Clerk of the Circuit Court of Powhatan County prior to April 18, 1988. (See: Powhatan County Code, chapter 68 (Subdivisions).)

Park or greenway means a park consists of land used for recreation, exercise, sports, education, rehabilitation, or similar activities, or a land area intended to enhance the enjoyment of natural features or natural beauty, specifically excluding commercially operated amusement parks. A greenway is a linear park that links various parts of the community with bicycle and facilities such as bicycle paths and footpaths.

Parking lot or parking structure means a lot or structure used primarily for the temporary storage of motor vehicles. A parking structure may be partially enclosed (parking deck) or fully enclosed or located underground (parking garage). A parking lot or structure may be a principal use of a lot (which may impose time-based parking fees) or an accessory use to the principal use of the lot. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Performance guarantee. See Powhatan County Code, chapter 68 (Subdivisions).

Person means any individual, corporation, government agency, business trust, partnership, two or more persons having a joint interest, or any other legal entity.

Personal industrial services means an establishment engaged in the repair or servicing of commercial or individually owned products. Such uses may include laundry or dry cleaning facilities, carpet cleaning, dyeing facilities, leather-working or upholstery establishments. Customers, including the general public, may come to the visit to conduct business. Accessory activities may include retail sales, offices, and storage.

Personal services establishment means an establishment primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Examples include hair salons, tanning salons, and nail care stores.

Pet means animals that have been bred or raised to live in the habitation of humans in a residential setting, and are dependent upon the same for food and shelter, including but not limited to the following: dogs; cats; rabbits; hedgehogs; chinchillas; hermit crabs; hamsters; gerbils; guinea pigs; mice; rats; turtles; fish; domestic chickens, ducks, and geese; birds such as canaries, parakeets, doves, and parrots; worm/ant farms; chameleons and similar lizards; and spiders and snakes not venomous to humans.

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

Place of worship means a building or structure, together with its accessory buildings and uses, where people regularly assemble to conduct religious worship, ceremonies, rituals, and education. The building or structure and its accessory buildings and uses are maintained and controlled by a religious body. Places of worship include chapels, churches, mosques, shrines, synagogues, tabernacles, temples, and other similar religious places of assembly. Accessory uses may include administrative offices, classrooms, meeting rooms, and cooking and eating facilities. A place of worship may include other uses that generally exist as principal uses—e.g., adult day care center, child day care center, school, cemetery, or recreational facility. Such uses are treated as principal uses combined with the place of worship use and subject to the standards and limitations applicable to such uses. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Planned development. See Article II: Administration.

Planning commission. See Article II: Administration.

Post office means a facility designated or licensed by the federal government to sell U.S. postage stamps and U.S. postal products and accept mail and packages for delivery.

Post-disaster temporary dwelling means a temporary establishment and use of a replacement dwelling on a lot pending the repair or reconstruction of a single-family detached dwelling on the same lot that has been damaged or destroyed by a fire, hurricane, tornado, or other physical disaster. The temporary dwelling may be an existing accessory structure on the lot, or a manufactured home, recreational vehicle, or other structure placed on the lot. (See temporary/use-specific standards, Division 2: Standards for Temporary Uses and Structures, of Article VII: Use Standards; and see Article II: Administration.)

Pound means a facility operated by the commonwealth, or any locality, for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility operated for the same purpose under a contract with any locality or incorporated society for the prevention of cruelty to animals.

Principal building or structure means a building or other structure in which the principal use of the lot is conducted. A lot may contain more than one principal building or structure. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Principal use means the primary or predominant purpose to which a lot or structure is devoted. A lot may contain more than one principal use.

Printing or other similar reproduction facility means a commercial establishment primarily engaged in lithographic (offset), gravure, flexographic, screen, quick, digital, or other method of printing or reproduction on stock materials on a job order basis.

Private recycling bins means a container or set of containers used for the collection and temporary storage of recyclable materials generated on-site. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Private school means a privately owned and operated school offering general, technical, or alternative instruction at the elementary, middle, and/or high school levels that operates in buildings or structures or on premises on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution.

Professional offices means an office for a business that does not involve the sale of goods or commodities available in the office or dispensing of personal services and provides legal, architectural, engineering, real estate brokerage, insurance, accounting, corporate training facilities, or some other related service to customers.

Public school means a publicly owned and operated school offering general, technical, or alternative instruction at the elementary, middle, and/or high school levels that operates in buildings or structures or on premises on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution.

Public square or plaza means a public square or plaza is community space generally open and readily accessible to the public and used by pedestrians for passive recreation and as an outdoor meeting or gathering place. Such uses may be provided with amenities such as shelters, seating, fountains, art, and landscaping.

Public utility systems/facility. See Utility use, major.

Quarrying or soil extraction means an area used for the purpose of removing or extracting stone, rock, soil or similar materials from an open excavation for financial gain and to be used for building or construction purposes. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Radio or television broadcast studio means a facility for the staging and recording of audio or television productions.

Rainwater cistern means a catchment device to capture rain water from a roof or other surface before it reaches the ground. Rainwater cisterns may be located underground or aboveground.

Recreation facility, nonprofit means any use providing for sports and recreation activities that are operated or carried on by a nonprofit organization and open only to organization members and their guests, and that is not specifically listed in the principal use tables. Examples include, but are not limited to, athletic fields, playgrounds, and swimming and tennis clubs.

Recreation facility, commercial indoor means ay private indoor (entirely within an enclosed structure) use providing for sport and recreation activities that are operated or carried on primarily for financial gain, and that is not specifically listed in the principal use tables. Examples include, but are not limited to, health and fitness centers, spas, and gymnastic facilities.

Recreation facility, commercial outdoor means any private outdoor use providing for sports and recreation activities that are operated or carried on primarily for financial gain, and that is not specifically listed in the principal use tables. Examples include, but are not limited to, commercial outdoor swimming and tennis court facilities, batting cages, laser tag facilities, miniature golf, and water parks. This use does not include go-cart racing or motorcycle dirt-track facilities, which constitute motorsports park uses.

Recreation facility, public means any use providing for sports and recreation activities that are operated or carried on by a county, state, or federal government and open to the public, and that is not specifically listed in the principal use tables. Examples include, but are not limited to, athletic fields, playgrounds, swimming and tennis facilities, and gymnasiums.

Recreational vehicle means a vehicle which is:

(1)

Built on a single chassis;

(2)

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

(3)

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

(4)

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

Recycling drop-off center means a small collection facility where recyclable materials are purchased or accepted from the public. Typical uses associated with a drop-off center include facilities that accept donations of charitable goods. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Repair means the restoration to a good or sound condition of materials, systems and/or components of a structure that are worn, deteriorated, or broken using materials or components identical to or closely similar to existing materials or components.

Replacement cost means the cost of restoring a damaged building or structure to its original condition (exclusive of foundations). Replacement cost shall include reasonable estimates of the cost of materials and labor and shall be compared with the assessed value as determined by the county assessor to determine the percentage of the cost of improvements.

Residential care facility means a residential facility for eight or fewer individuals who are treated as a single-family in accordance with Code of Virginia § 15.2-2291.

Resource recovery facility means a solid waste management facility engaged solely in the storage, processing, resale, or reuse of recovered materials—e.g., metal, paper, glass, plastic, textile, rubber, or other materials—that have known recycling potential, can be feasibly recycled, and have been diverted from the solid waste stream. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Restaurant with drive-through service means an establishment where meals or prepared food, including beverages and confections, are served to customers, and that provides an accessory use for the ordering, selling, dispensing, or serving of food, refreshments, or beverages to persons driving by the structure in their motor vehicles. Sale of alcoholic beverages is prohibited within restaurants with drive-through service. Other accessory uses may include banquet rooms, catering services, pick-up facilities for take-out orders, windows for walk-up service, and outdoor seating. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Restaurant without drive-through service means an establishment where meals or prepared food, including beverages and confections, are served to customers. Other accessory uses may include bars, banquet rooms, catering services, pick-up facilities for take-out orders, windows for walk-up service, and outdoor seating. An establishment that sells both alcoholic beverages and food is classified as a bar or lounge if it derives no more than ten percent of its gross revenue from the sale of food consumed on the premises.

Right-of-way means a dedication of land to be used generally for streets, alleys, or other public uses wherein the owner gives up all his rights to the property as long as it is being used for the dedicated purpose. Also, a land measurement term meaning the distance between lot property lines which generally contain not only the street pavement but also the sidewalks, grass area, and utilities.

Roadside stand means a building or structure used for the retail sales of fresh fruits, vegetables, flowers, herbs or plants grown on the same parcel of land where the stand is located. Such use may also involve the accessory sales of other unprocessed foodstuffs, home processed food products such as jams, jellies, pickles, sauces or baked goods, and homemade handicrafts. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Rooming or boarding house means a building or portion thereof with three or more sleeping rooms used or designed to provide rental lodging, either with meals (boarding house) or without meals (rooming house). (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Rural event venue means a facility owned and operated for the purpose of providing a rural setting in which conferences, banquets, meetings, wedding, and other events may take place, and may include accessory amenities such as dining services, recreational facilities, and overnight accommodations for guests. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Satellite dish means a round or parabolic antenna and its supporting structure for the purposes of sending and/or receiving radio or electromagnetic signals. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Sawmill, commercial means an operation or facility established for the purpose of sawing or planing of logs or trees into rough slabs using on-site or off-site cut timber. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Sawmill, portable means a portable sawmill, including chippers and debarkers, temporarily located on private property for the processing of on-site cut timber.

Self-service storage facility means a building or group of buildings divided into separate self-contained units or areas offered for rent for self-service storage of household and personal property. The storage units or areas are designed to allow private access by the tenant for storing and removing personal property. Accessory uses may include leasing offices, outdoor storage of boats and recreational vehicles, incidental sales or rental of moving supplies and equipment, and living quarters for a resident manager or security guard. The rental of trucks or trailers is a separate principal use and not considered accessory to this use. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Shallow flooding area means a special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Shed sales, outdoor means the retail sale and display of prefabricated sheds, carports, gazebos, and similar small-scale structures in an outdoor area as a principal use.

Shelter for victims of domestic abuse means a facility with support and supervisory personnel that provides temporary living accommodations for abused persons.

Shipping container means a standardized, reusable shipping vessel used in the transportation of freight and capable of being mounted on a rail car, or mounted on a chassis for movement by truck trailer, or loaded on a ship. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Shooting range, commercial in accordance with Code of Virginia § 15.2-917, a sport shooting range is an area or structure designed for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting, and that is open to the general public.

Shooting range, non-commercial means shooting or archery ranges permitted by a property owner for the benefit of non-profit, non-commercial, or community service organizations, provided that the owner participates in the operation of the range. Such range shall be located on a parcel not less than 30 acres in size. Adjoining parcels may be treated as combined to satisfy the 30 acre requirement, provided all other requirements of this subsection are satisfied. No part of such use shall be located any closer than 300 feet to the public road right-of-way, or 300 feet from any property boundary. Use of the range shall not be open to the general public. The range shall operate only during daylight, and not before 10:00 a.m. No automatic weapons shall be used. Only weapons of recreational or instructional caliber shall be used.

Shopping center means a development containing three or more separate or different commercial uses on a single lot and that is planned, developed, or managed as a unit, with shared access, parking, and other common areas.

Sight triangle means an area of unobstructed sight distance along the approaches of a street or driveway to an intersection.

Sign means any object, display, structure, or device, or part thereof, that is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. (See Article VIII: Development Standards.)

Sign permit. See Article II: Administration.

Sign, banner means a sign made of fabric or any non-rigid material with no enclosing framework.

Sign, building-mounted means a sign attached, erected, or painted on the outside wall of a building and supported by any part of a building such as a wall, roof, window, door, canopy, awning, arcade or marquee. (See Article VIII: Development Standards.)

Sign, changeable copy means a sign whose informational content related to the premises where such sign is located can be changed manually such as by changing individually applied letters.

Sign, freestanding means a nonmovable sign supported by a fence or retaining wall, or by upright structural members or braces on or in the ground, and not attached to a building. (See Article VIII: Development Standards.)

Sign, monument means any sign in which the entire bottom is in contact with the ground and is independent of any other structure.

Sign, obsolete means any sign which advertises a business, use, or activity that once occurred but is no longer occurring on the property in which the sign is located.

Sign, outdoor advertising means a sign that directs attention to a product, commodity, or service not necessarily conducted, sold, or offered on the same lot where the sign is located; also referred to as a "billboard."

Sign, temporary means a sign that is not permanently affixed to the ground or other structure, that is designed or constructed in such a manner that it can be moved or relocated without any structural or support changes, and that (a) is used in conjunction with a circumstance, situation, or event designed, intended, or expected to take place or to be completed within a reasonably short or definite period after the erection of such sign, or (b) is intended to remain on the location where it is erected or placed only until the occurrence of some event. If a sign display area is permanent but the message is displayed subject to periodic changes, such a sign shall not be regarded as temporary. An inflatable device with an affixed sign shall be considered a temporary sign. (See Article VIII: Development Standards.)

Sign, unified means a freestanding sign used to identify multiple business uses within a shopping center, office park, or industrial park. (See Article VIII: Development Standards.)

Small wind energy system means a wind energy conversion system consisting of a rotating wind turbine and related control or conversion equipment that converts the kinetic energy in wind into mechanical energy, has a rated capacity of not more than 100 kilowatts (kW), and is intended to primarily reduce on-site consumption of utility power for homes or businesses. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Solar energy collection system means a system consisting of solar panels and related equipment (e.g., heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers it as heat to a carrier fluid for on-site use in hot water heating or space heating and cooling, and/or that collects solar energy and converts it into electricity for direct on-site use and transfer of excess electricity to an electric utility grid. Solar panels and equipment are typically mounted on the roof(s) of principal or accessory structures, but may be mounted on other parts of structures, or on the ground. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Solar energy farm means a system consisting of solar panels, modules, and related equipment (e.g., heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers it as heat to a carrier fluid for use in hot water heating or space heating and cooling, and/or that collects solar energy and converts it into electricity. It is designed to meet demands for a larger area and is typically mounted on the ground.

Special flood hazard area means the land in the floodplain subject to a one percent or greater chance of being flooded in any given year as identified by the Federal Flood Insurance Administration's Flood Insurance Rate Maps, incorporated into the Floodplain Overlay District, and subject to the standards in Article VI: General Overlay Districts.

Specialty eating or drinking establishment means an establishment selling specialty food or beverage items that normally do not constitute a full meal—including, but not limited to, ice cream parlors, dessert cafes, snack shops, juice and coffee houses, and retail bakeries. Accessory uses may include pick-up facilities for take-out orders, windows for walk-up service, outdoor seating, and facilities providing for drive-through service.

Stadium. See Arena, stadium, or amphitheater.

Staff means the professional-level staff of Powhatan County, Virginia to whom the director of community development department delegates responsibilities to administer provisions in this chapter.

Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Stop work order means an order issued by the administrator that directs the person responsible for a development activity or other act in violation of this chapter to cease and desist such activity or act. (See Article X: Enforcement.)

Story means that portion of a building between the surface of any floor and the surface of the next floor above, or for the topmost floor, between the surface of the floor and the ceiling or roof above. A mezzanine floor counts as a story if it covers over one-third of the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is 24 feet or more. A basement counts as a story if its ceiling is over five feet above the level from which the structure height of the building is measured.

Stream, intermittent means, for purposes of this chapter, a hydrographic feature shown on USGS quadrangle topographic maps (7.5-minute, 1:24,000 scale) as a broken blue line.

Stream, perennial means, for purposes of this chapter, a hydrographic feature shown on USGS quadrangle topographic maps (7.5-minute, 1:24,000 scale) as a solid blue line.

Street grade means the officially established grade of a street, or if no officially established grade exists, the top of the street's roadway at its centerline.

Structure means anything constructed, installed, placed, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. "Structure" also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs.

Structure height means the vertical distance from the average elevation of the existing finished grade of a structure at the front of the structure to the top of the roof for a flat roof, to the deck line for a mansard roof, or to the mean height between eaves and ridge for a gable, hip, cone, gambrel, or shed roof.

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

(2)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Surface transportation passenger station/terminal means a facility or location where the principal use is the handling, receiving, transfer, and discharging of passengers of various modes of surface transportation, and at which facilities and equipment for such activities are provided. Examples include terminals for bus, trolley, taxi, railroad, shuttle van, or other similar vehicular services.

Swimming pool, spa, or hot tub means an above- or below-ground structure that is filled with water and used for swimming (swimming pool) or for soaking, relaxation, massage, or hydrotherapy (hot tub).

Tattoo or body piercing establishment means an establishment whose principle business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, or (2) using ink or other substances that result in the permanent coloration or alteration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.

Taxi or limousine service facility means a service that offers transportation in passenger automobiles and vans to persons, including those who are handicapped, in return for remuneration. The business may include facilities for servicing, repairing, and fueling the taxicabs or limousines.

Taxidermy shop means a business for the preparation, stuffing, and mounting of animal skins.

Telecommunications facility, collocated means placement of telecommunications tower and/or other telecommunication equipment by two or more different telecommunications service providers on a common antenna-supporting a freestanding telecommunication tower. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Telecommunications tower means any structure that is designed and constructed primarily for the purpose of supporting telecommunication antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes television transmission towers, microwave towers, common-carrier towers, wireless communication towers, alternative tower structures, and the like. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Television or radio antenna means an omnidirectional antenna tuned to the broadcast frequencies assigned to television or commercial radio. This use does not include an amateur radio antenna or a satellite dish. (See accessory/use-specific standards, Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Temporary business means a commercial use established on a temporary basis at a particular location other than those other temporary uses specifically listed in the temporary use/structure table. (See temporary/use-specific standards, Division 3: Standards for Temporary Uses and Structures, of Article VII: Use Standards.)

Temporary business permit. See Article II: Administration.

Temporary construction-related structure or facility means a structure or facility that is associated with new construction—including storage buildings, construction waste and recycling receptacles, temporary sanitation facilities, outdoor storage, and employee parking areas—and located on or adjacent to the construction site. (See temporary/use-specific standards, Division 3: Standards for Temporary Uses and Structures, of Article VII: Use Standards.)

Temporary family health care structure means a transportable residential structure (as defined in Code of Virginia § 15.2-2292) providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person requiring assistance with two or more activities of daily living (as defined in Code of Virginia § 63.2-100) that: (a) is primarily assembled at a location other than the site of its installation; (b) is limited to one occupant who is the mentally or physically impaired person; (c) contains no more than 300 square feet of gross floor area; and (d) complies with applicable provisions of the Industrialized Building Safety Law (Code of Virginia § 36-70 et seq.) and the Building Code. A temporary family health care structure shall not count as a dwelling unit for purposes of applying density standards. (See temporary/use-specific standards, Division 3: Standards for Temporary Uses and Structures, of Article VII: Use Standards.)

Temporary second dwelling for hardship, handicapped, or elderly family member means the temporary use of a second dwelling on a lot as the primary residence for an elderly or infirm member of the family occupying the other dwelling on the lot. A temporary second dwelling for hardship, handicapped, or elderly family member shall not count as a dwelling unit for purposes of applying density standards. (See temporary/use-specific standards, Division 3: Standards for Temporary Uses and Structures, of Article VII: Use Standards.)

Title loan establishment (motor vehicle title loan establishment) means any person or establishment engaged in the business of extending a loan secured by a non-purchase money security interest in a motor vehicle pursuant to Code of Virginia, § 6.2-2200.

Truck gardening means the relatively small-scale production of vegetables (as well as fruit and flowers) for direct sale at markets.

Truck hauler business means any commercial enterprise utilizing trucks or commercial vehicles exceeding 5,000 pounds net weight, and having more than two axles. Thus use is generally a principal use, but may be an accessory use to a dwelling in certain zoning districts. (See Division 2: Standards for Accessory Uses and Structures, of Article VII: Use Standards.)

Truck or freight terminal means a use where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Truck stop means any building or lot where the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered including the dispensing of motor fuel or other petroleum products directly into motor vehicles, and the sale of accessories or equipment for trucks or similar commercial vehicles. A truck stop also may include overnight accommodations and restaurant facilities primarily for the use of truck crews. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Turkey shoot means a shooting match or similar activity conducted by a non-profit organization, non-commercial, or community service organization involving the discharge of firearms at a target or targets with the object of such activity being to determine a winner of a prize such as a turkey or pork ham or other prize.

Utility entity means a utility district or other entity providing water, sewer, electric, gas, cable television, or telephone services.

Utility use, major means a structure or facility that is a relatively major component of an infrastructure system providing community- or region-wide utility services. Examples of major utility uses include potable water treatment plants, water towers, wastewater treatment plants, solid waste facilities, gas compressor stations, and electrical substations. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards; and see Article XII: Interpretations.)

Utility use, minor means a structure or facility that by itself is a relatively minor component of an infrastructure system providing community- or region-wide services and that needs to be located in or near the neighborhood or use type where the service is provided. Examples of minor utility uses include water and sewage pipes and pump stations, stormwater pipes and retention/detention facilities, telephone lines and local exchanges, electric lines and transformers, gas transmission pipes and valves, CATV lines and certain water towers. The use also includes surface transportation stops such as bus stops and park-and-ride facilities. (See Article XII: Interpretations.)

Variance permit (floodplain). See Article II: Administration.

Variance permit (zoning). See Article II: Administration.

VDOT means the Virginia Department of Transportation.

Vehicle/equipment sales or rental means establishment at which new or used passenger automobiles, trailers, light trucks, motorcycles, boats, or other vehicles or mobile equipment that are in operating condition are displayed for sale, lease, or rental. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Veterinary clinic means a facility for the medical care and treatment of animals, including household pets and larger domesticated animals. Such facilities may provide animal grooming and boarding services, as well as limited retail sales of pet-related merchandise. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Vocational or trade school means a public or private school offering vocational or trade instruction to students and that operates in buildings or structures or on premises on land leased or owned by the educational institution for administrative purposes and meets the state requirements for a vocational training facility. Such uses include classrooms, laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution.

Warehouse, distribution or storage means a use engaged in the storage or distribution of manufactured products, supplies, and equipment. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

Waste-related uses. See Article XII: Interpretations.

Watercourse means a lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Wetlands means areas inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support—and that normal circumstances do support—a prevalence of vegetation typically adopted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

Wetlands, jurisdictional means wetlands regulated by the U.S. Army Corps of Engineers under Section 404 of the federal Clean Water Act.

Wholesale trade establishment means any establishment primarily engaged in selling goods, generally in large quantities, to other businesses for subsequent resale, and that is not specifically listed in the use tables. Such use generally includes facilities for storage and distribution of goods, and may include display areas. (See principal/use-specific standards, Division 1: Standards for Specific Principal Uses and Structures, of Article VII: Use Standards.)

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

Wood and stump recycling business means the hauling of wood and stumps, including root matter, to the property to be processed by a grinder, chipper, or other method as may be approved for the reclamation of wood and soil. All reclamation and accessory activities shall be conducted on a parcel of three acres or more within an enclosed building or within an area surrounded by a solid wall, fence, or visual barrier to adequately screen reclamation and accessory activities from adjacent properties.

Woodworking means an establishment primarily engaged in millwork and other manufacturing of wood products, such as windows and doors, moldings, flooring. The use also includes millwork, but does not include cabinet or furniture manufacturing, which is considered a separate principal use: manufacturing, assembly, or fabrication, light.

Xeriscape landscaping means a landscaping method that utilizes water-conserving techniques such as the use of drought-tolerant plants, mulch, and efficient irrigation.

Yard means an area within a lot that lies between a principal structure on the lot and the nearest lot line. Yards are further classified as front yards, side yards, and rear yards.

Yard, corner means the yard on a corner lot that is located between the principal structure on a lot and the lot's longest frontage along a public street right-of-way or private road easement (corner lot line), extending the full length of that frontage.

Yard, front means the yard (other than a corner yard) between a principal structure on a lot and the lot's frontage along a public street or private road easement (front lot line), extending the full width of the lot.

Yard, rear means the yard between a principal building on a lot and the rear lot line, extending the full width of the lot.

Yard, required means the area within a lot extending inward from the front, side, or rear lot line for the minimum front, side, or rear yard depth applicable in the zoning district in which the lot is located, and that is required to remain unoccupied and unobstructed from the ground upward except as may be otherwise specifically provided in this chapter.

Yard, side means the yard between a principal building on a lot and the nearest side lot line, extending between the lot's front yard and rear yards (or for through lots, between the lot's opposite front yards.

Yard sale. See Garage or yard sale.

Zoning district means an area delineated on the official zoning district map within which a prescribed set of development standards are applied to various types of development. (See Article I, General Provisions.)

Zoning district, base means a zoning district within which a single set of use, intensity, dimensional, and development standards are applied.

Zoning district, overlay means a zoning district superimposed over one or more underlying base zoning districts that imposes standards and requirements in addition to those required by the underlying base zoning district.

Zoning district map, official means the official zoning district map upon which the boundaries of various zoning districts are drawn and which is an integral part of this chapter.

(Ord. No. O-2013-06, 9-16-13; Ord. No. O-2013-09, 2-3-14; Ord. No. O-2014-03, 2-18-14; Ord. No. O-2014-11, 6-2-14; Ord. No. O-2014-26, 10-6-14; Ord. No. O-2018-24, 9-24-18; Ord. No. O-2019-12, 2-25-19; Ord. No. O-2019-15, 3-25-19; Ord. No. O-2019-20, 4-24-19; Ord. No. O-2020-02, 1-27-20; Ord. No. O-2021-13, 6-28-21; Ord. No. O-2021-21, 8-23-21; Ord. No. O-2022-26, 6-27-22; Ord. No. O-2023-28, § 3, 12-18-23; Ord. No. O-2025-11, 3-24-25)