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Prince Edward County Unincorporated
City Zoning Code

ARTICLE VI

DEFINITIONS AND USE TYPES

Sec. 6-100.- Definitions.

(A)

For the purposes of this ordinance, the following rules of language shall apply:

The specific shall control the general.

The word "person" includes a firm, association, organization, partnership, trust, and company, as well as an individual.

The word "he" shall mean "she," and "she" shall mean "he."

The words "used or occupied" include the words "intended, designed, or arranged to be used or occupied."

The word "lot" shall include plot or parcel.

The present tense includes the future tense; the singular number includes the plural; the plural includes the singular.

The word "shall" is mandatory; the words "may" and "should" are permissive.

All public officials, bodies, and agencies referred to in this ordinance are those of the County of Prince Edward, Virginia, unless otherwise specifically indicated.

(B)

Where terms in this ordinance are undefined, the meaning of the term shall be as ascribed in the most recent edition of Webster's Unabridged Dictionary, unless it is the opinion of the administrator that based upon normal zoning practice, a different meaning shall apply.

(C)

The words and terms listed below shall have the following meanings:

ABUTTING. Contiguous or adjoining; having property or zoning district lines in common, or separated by a right-of-way.

ACCESS. A means of approach, including ingress and egress.

ACCESSORY BUILDING OR STRUCTURE. A building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. Where an accessory building or structure is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building.

ACCESSORY USE. A use of land, or a building or structure or portion thereof, customarily incidental and subordinate to the principal use of the land or building or structure and located on the same lot with such principal use.

ACREAGE. A parcel of land, regardless of area, described by metes and bounds and not a lot shown on any recorded subdivision plat.

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

ADMINISTRATOR. The Zoning Administrator of Prince Edward County, Virginia, or an authorized agent thereof, also referred to in this ordinance as the administrator.

ALLEY. A right-of-way that provides secondary vehicle and service access to abutting properties that have frontage on one or more streets.

ALTERATION. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, or any enlargement or reduction of a building or structure, whether horizontally or vertically, or the moving of a building or a structure from one location to another.

AMENDMENT. A modification to this ordinance, including the text or associated maps, that has been approved by the county board of supervisors.

ANTENNA. A communication device which transmits or receives electromagnetic signals. Antennas may be directional, including panels and microwave dishes, and omni-directional, including satellite dishes, whips, dipoles, and parabolic types. An antenna does not include the tower or other supporting structure to which it is attached.

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

BASEMENT. A story partly underground and having at least one-half of its height above the average adjoining grade on all sides of the building or structure.

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

BOARD OF SUPERVISORS. The board of supervisors of Prince Edward County, Virginia.

BOARD OF ZONING APPEALS. The term "board of zoning appeals" shall refer to the Prince Edward County Board of Zoning Appeals, also referred to in this ordinance as the BZA.

BUFFER YARD. A yard improved with screening and landscaping materials required between abutting zoning districts of differing intensities or between adjoining land uses for the purpose of decreasing the adverse impact of differing uses and districts.

BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, activity, process, equipment, goods or materials of any kind.

BUILDING COVERAGE. That portion of a lot, which when viewed from directly above, would be covered by any building or structure. For the purposes of this definition, lot shall include contiguous lots of the same ownership within a single zoning district which are to be used, developed or built upon as a unit.

BUILDING, HEIGHT OF. The vertical distance above the average existing grade measured to the highest point of the building. The height of a stepped or terraced building shall be the maximum height of any segment of the building.

BUILDING LINE. When viewed from above, the line, parallel to the street right- of-way that passes through the point of the principal building nearest the street right-of-way, or in the case of the rear building line, furthest from the street right-of-way.

CELLAR. A story having more than one-half of its height below average adjoining grade on all sides of the building or structure.

CERTIFICATE OF ZONING COMPLIANCE. For the purposes of this ordinance, official certification that premises conform to all applicable provisions of the county zoning ordinance and may be lawfully used or occupied.

CLUSTER SUBDIVISION. An alternative means of subdividing that concentrates building density in specific areas to allow the remaining land to be reserved for the preservation of environmentally-sensitive features and open space.

COMMISSION. The term "commission" shall mean the planning commission of Prince Edward County, Virginia.

CONDOMINIUM. A building or group of buildings, created pursuant to the Virginia Horizontal Property Act, Code of Virginia § 55-79 et seq., in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

CONSTRUCTION, NEW. Structures for which construction commenced on or after the effective date of this ordinance and including any subsequent improvements to such structures.

CONSTRUCTION, START. The date a building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within two years 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 of streets and /or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwellings units or not part of the main structure.

COUNTY. The term "county" shall mean Prince Edward County, Virginia.

DAM BREAK INUNDATION ZONE. The area downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam.

DECK. A structure, without a roof, directly adjacent to a principal building which has an average elevation of 30 inches or greater from finished grade. A deck may be constructed of any materials.

DEDICATION. The transfer of private property to public ownership upon written acceptance.

DENSITY. The number of dwelling units permitted per unit of land, commonly expressed as dwelling units per acre.

DEVELOPMENT. Any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations.

DISTRICT. A zoning district as described and permitted by Code of Virginia, § 15.2-2280 et seq.

DORMITORIES. Buildings or structures which have on-site supervision and may contain rooms for sleeping and include common eating facilities for the housing of regular enrolled students, faculty and employees of an established college, university, independent school, or medical facility.

DRIVEWAY. A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.

DWELLING UNIT. A room or group of rooms connected together containing cooking, bathroom and sleeping facilities constituting a separate, independent housekeeping unit, physically separated from any other dwelling unit in the same structure.

EASEMENT. A portion of a lot or acreage reserved for present or future use by a person or entity other than the fee simple owner of the lot or acreage. Easements may exist on the ground, or under or above the lot or acreage.

ESTABLISHMENT. Any business, enterprise or other land use permitted by this ordinance.

FAMILY. One or more persons related by blood, marriage, or adoption, or under approved foster care, or a group of not more than four persons (including servants) living together as a single housekeeping unit.

FAMILY DIVISION. A division of land among immediate family members. Immediate family shall be defined as any person who is a naturally or legally defined offspring, spouse, sibling, grandchild, grandparent or parent of the owner. Only one such division shall be allowed per family member.

FLAG. A piece of cloth or similar material, typically oblong or square, attachable by at least one edge to a pole or rope or by one side to a surface, and used as the symbol or emblem of a country or institution or as a decoration during public festivities.

FLAGPOLE. A pole used for flying or otherwise displaying a flag.

FLOODPLAIN.

(1)

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

(2)

An area subject to the unusual and rapid accumulation of run-off or surface waters from any source.

FLOOR AREA, FINISHED. The sum of the horizontal areas of a building which is intended for human habitation and use and which has a floor to ceiling height of 6 1/2 feet or greater. Areas excluded from the finished floor area would include unfinished basements and attics, storage and utility rooms, and garages.

FLOOR AREA, GROSS. The sum of the horizontal areas of the several stories of a building, measured from the exterior faces of exterior walls, or in the case of a common wall separating two buildings, from the centerline of such common wall. Gross floor area shall exclude interior parking and loading spaces, and airspace above atriums.

GARAGE, PRIVATE. A building for the private use of the owner or occupant of a principal residential building situated on the same lot as the principal building for the storage of motor vehicles.

GLARE. The effect produced by lighting, with a brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

IMPOUNDING STRUCTURE. A man-made structure, whether a dam across a watercourse or other structure outside a watercourse, used or to be used to retain or store waters or other materials. The term includes all dams that are 25 feet or greater in height and that create an impoundment capacity of 15 acre-feet or greater.

LAND DISTURBING ACTIVITY. Any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land.

LANDSCAPING. The improvement of the appearance of an area by the planting of trees, grass, shrubs, or other plant materials.

LOADING SPACE, OFF-STREET. Space for bulk pick-ups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.

LOT. A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivisions or as otherwise permitted by law.

LOT, CORNER. A lot located at the intersection of two or more streets or where lot lines or right-of-way lines, or the extension thereof, intersect at less than 135 degrees.

LOT COVERAGE. That portion of a lot, which when viewed from directly above, would be covered by any building or structure, parking and loading areas and other surface which is impermeable or substantially impervious to stormwater. Gravel parking areas shall be considered impervious. For the purposes of this definition, lot shall include contiguous lots of the same ownership within a single zoning district which are to be used, developed or built upon as a unit.

LOT, DEPTH OF. The average horizontal distance between front and rear lot lines. The average shall consist of the horizontal distances of the side lot lines and the distance of a line connecting the midpoints of the front and rear lot lines.

LOT, DOUBLE FRONTAGE. A lot, other than a corner lot, which has frontage on more than one street other than an alley. Double frontage lots may be referred to as "through lots."

LOT, FRONTAGE. The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot which abut a street shall be considered frontage. On curvilinear streets the arc between the side lot lines shall be considered the lot frontage.

LOT, INTERIOR. A lot, other than a corner lot, which has only one frontage on a street other than an alley.

LOT, IRREGULAR. A lot of such a shape or configuration that technically meets the area, frontage and width to depth requirements of this ordinance but meets these requirements by incorporating unusual elongation, angles, curvilinear lines unrelated to topography or other natural land features.

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

LOT, WIDTH OF. The average horizontal distance between side lot lines. The average shall consist of the straight line horizontal distances of the front and rear lot lines and the distance of a line connecting the midpoints of the side lot lines.

LOT OF RECORD. A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat in the Clerk's office of the Prince Edward County Circuit Court.

LOWEST FLOOR. The lowest enclosed area, including basement, of any structure. An unfurnished or flood-resistant enclosure usable solely for the 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 this division.

MANUFACTURED HOME. A structure, transportable in one or more sections, which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation. A manufactured home shall contain one dwelling unit. The manufactured home must be manufactured after July 1, 1976. Some manufactured homes are also referred to as mobile homes.

MODULAR HOME. A dwelling unit constructed on-site in accordance with the Virginia One and Two Family Dwelling Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.

MONOPOLE. A single pole structure, usually self-supporting, used to support antennas.

NATURAL WATERCOURSE. Any natural stream river, creek, waterway, gully, or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks.

NONCONFORMING BUILDING. Any building the size, dimensions or location of which was lawful when erected or altered, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance.

NONCONFORMING LOT. A lot, the area, dimensions or location of which was lawful at the time the lot was created, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance.

NONCONFORMING USE. A use or activity which was lawful when originally established, but which fails to conform to the current standards and regulations due to the adoption, revision or amendment of this ordinance.

NOT-FOR-PROFIT. An organization or activity which has obtained nontaxable status from the U.S. Internal Revenue Service.

OFF-STREET PARKING AREA. Space provided for vehicular parking outside the dedicated street right-of-way.

OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space may include recreation centers, playgrounds, swimming pools, tennis and basketball courts, and similar facilities.

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

OUTDOOR STORAGE. The keeping, in other than a building, of any goods, materials, or merchandise on the same parcel for more than 24 consecutive hours.

OVERLAY DISTRICT. A district established by this ordinance to prescribe special regulations to be applied to a site in combination with the underlying or base district.

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

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

PRINCIPAL BUILDING OR STRUCTURE. A building or structure in which the primary use of the lot on which the building is located is conducted.

PRINCIPAL USE. The main use of land or structures as distinguished from a secondary or accessory use.

PRIVATE. Unless otherwise specifically indicated, private shall mean anything not owned, operated, provided and/or maintained by a local, state, or federal government.

PUBLIC. Unless otherwise specifically indicated, public shall mean anything owned, operated, provided and/or maintained by a local, state, or federal government.

PUBLIC WATER AND SEWER SYSTEMS. A water or sewer system owned and operated by:

(1)

A municipality or county; or

(2)

A private individual or a corporation approved and properly licensed by the state corporation commission prior to the adoption date of this ordinance; and meeting the requirements of the state health department and/or Virginia Department of Environmental Quality.

RECREATIONAL VEHICLE. 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 projections;

(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 recreation camping, travel or seasonal use.

REPLACEMENT COST. The cost of restoring a damaged building or structure to its original condition. 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 commissioner of revenue to determine the percentage of the cost of improvements.

RIGHT-OF-WAY. A legally established area or strip of land, either public or private, on which an irrevocable right of passage has been recorded.

SCREENING. A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation. Screening is intended to substantially, but not necessarily totally obscure visual impacts between adjoining uses.

SETBACK. The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.

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

SHORT-TERM TOURIST RENTAL. A single-family dwelling not attached to any other dwelling by any means and located on an individual lot that is rented for compensation for periods of less than 30 days. See § 180-56.4 for supplementary regulations pertaining to short-term tourist rentals.

SIGN. Any display of letters, words, symbols, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof visible for the purpose of making anything known; whether such display be made on, attached to, or as a part of a structure, surface, or any other thing, including but not limited to the ground, rocks, trees, or other natural objects, which display is visible beyond the boundaries of the parcel of land on which the same is located. For the purposes of this chapter, the term "sign" shall include all portions of the sign structure.

SIGN, FREESTANDING or GROUND-MOUNTED. A sign which is supported or held directly by, or affixed to, a structure built on the ground primarily for that sign and independent of any building.

SIGN, MARQUEE. A sign attached to and made part of a marquee.

SIGN, MONUMENT. A sign which is completely affixed to a masonry, granite, limestone, marble, or similar structure built on grade and which is an integral part of the structure.

SIGN, PORTABLE. Any sign which is mounted perpendicular to a building and is supported only by the wall on which it is mounted.

SIGN, PROJECTING. Any sign which is mounted perpendicular to a building and is supported only by the wall on which it is mounted.

SIGN, ROOF. A sign painted, erected or constructed in whole or in part upon any portion of a roof of any building.

SIGN, TEMPORARY. A sign intended to be displayed for less than 30 days.

SIGN, WALL. A sign which is 100% attached to, supported by, or painted on a wall or any flat vertical surface of a structure.

SPECIAL USE. A use with operating and/or physical characteristics different from those uses permitted by right in a given zoning district which may, nonetheless, be compatible with those by-right uses under special conditions and with adequate public review. Special uses are allowed only at the discretion and approval of the county board of supervisors following review and recommendation by the county planning commission.

SPECIFIED ANATOMICAL AREAS.

(a)

Less than completely and opaquely covered:

(1)

Human genitals, pubic region;

(2)

Buttock; and

(3)

Female breast below a point immediately above the top of the areola; and

(b)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES.

(a)

Human genitals in a state of sexual stimulation or arousal;

(b)

Acts of human masturbation, sexual intercourse, or sodomy; and

(c)

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

STOOP. A platform, without a roof, located at the entrance of a building with sufficient area to facilitate the ingress and egress to the building.

STORY. That portion of a building included between the surface of any floor and the floor next above it, or if there is not a floor above it, then the space between the floor and the ceiling above it.

STREET. Any vehicular way which:

(1)

Is an existing state or municipal roadway; or

(2)

Is shown on a plat approved pursuant to law; or

(3)

Is approved by other official action.

The term "street" shall include road, and highway. Unless otherwise indicated, the term "street" shall refer to both public and private streets.

STRUCTURE. Anything that is constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including but not limited to buildings, signs, manufactured homes and swimming pools. Walls and fences shall not be deemed structures except as otherwise specifically provided in this ordinance.

SUBDIVISION. The division of a parcel of land into three or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved in such division, any division of a parcel of land. The term, when appropriate to the context shall relate to the process of subdividing, resubdivision, or to the land subdivided and solely for the purpose of recordation of any single division of land into two lots or parcels.

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damage would equal or exceed 50 percent of the market value of the structure before such damage occurred.

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not however, include either:

(a)

Any project for improvement for a structure to comply with existing state or county health, sanitary or safety code specifications which are solely necessary to assure safe living condition; or

(b)

Any alteration of a structure listed on the National Register of Historic Places of the state landmarks register.

TELECOMMUNICATIONS. The transmitting and receiving of electromagnetic signals through the atmosphere.

TRAVEL TRAILER (RECREATION VEHICLE). A portable vehicular structure built on a chassis; designed to be used for temporary occupancy for travel, recreation or vacation use; being of any length, provided that its gross weight does not exceed 4,500 pounds or being of any weight, provided that its overall length does not exceed 40 feet.

VARIANCE. A reasonable deviation from the provision regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure in accordance with Code of Virginia, § 15.2-2201.

WATERCOURSE- A natural or artificial channel for passage or running water fed from natural sources in a definite channel and discharging into some stream or body of water.

YARD. A required open space on a lot, unoccupied and unobstructed from the ground upward, unless otherwise provided by this ordinance.

YARD, FRONT. A yard between the building line and the street right-of-way extending across the full width of the lot.

YARD, REAR. A yard between the rear line of the building and the rear line of the lot extending the full width of the lot.

YARD, SIDE. A yard between the side line of the building and the side line of the lot extending from the front lot line to the rear lot line.

(Ord. of 11-14-13; Ord. of 9-8-15; Ord. of 5-9-23; Ord. of 6-13-23; Ord. of 8-8-23)

Sec. 6-200. - Use types.

(A)

The purpose of use types is to establish a classification system for land uses and a consistent set of terms defining uses permitted within various zoning districts in Prince Edward County, Virginia. The use types section also facilitates the process of determining the applicable use type of any activity not explicitly defined.

(B)

The use types defined herein shall apply in all zoning districts in which the use type is permitted, either by right or by special use.

(C)

In the event of any question as to the appropriate use type of any existing or proposed use or activity, the administrator shall have the authority to determine the appropriate use type. In making such determination, the administrator shall consider the operational and physical characteristics of the use in question and shall consider the classification contained in the most recent edition of the North American Industry Classification System Manual published by the U.S. Office of Management and Budget. In addition, the administrator shall consider the specific requirements of the use in common with those included as examples of use types. Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive lists. The administrator may also determine that a proposed use or activity is sufficiently different from any use type listed below and will require an amendment to the text of this ordinance.

(D)

The administrator shall make such determinations of appropriate use types in writing, which shall include an explanation of the reasons for the determination.

(E)

A determination of the administrator may be appealed to the board of zoning appeals pursuant to the procedures for administrative appeals outlined in § 5-128.7.

(Ord. of 5-9-23)

Sec. 6-200.1. - Agricultural use types.

AGRICULTURE. The use of land for the production of food and fiber, including farming, dairying, pasturage, agriculture, horticulture, viticulture, aquaculture activities, and animal and poultry husbandry. A garden accessory to a residence shall not be considered agriculture. The keeping of a cow, pig, sheep, goat, chicken or similar animal shall constitute agriculture regardless of the size of the animal and regardless of the purpose for which it is kept.

AQUACULTURE ACTIVITIES. The cultivation, production, and raising of the natural products of water or activities related to the hatchery, nursery, and maintenance of the product, including tanks, settling facilities, wet storage areas of containers, culture containers, intake and discharge structures, or activities related to the cultivation and maintenance of algae or other feed stocks.

COMMERCIAL FEEDLOT. A site where animals are stabled or confined and fed or maintained for a total of 45 days or more in any twelve-month period, and where the number of animals so confined include more than 300 slaughter or feeder cattle, 200 mature dairy cattle, 750 swine, 150 horses, 3000 sheep or lambs, 16,500 turkeys or 30,000 laying hens or broilers, or any other site designated by the Virginia Department of Environmental Quality as a concentrated or intensive animal feeding operation.

DISTILLERY. An establishment that manufactures no more than 36,000 gallons of alcoholic beverages other than beer or wine per calendar year and which is located on a farm growing agricultural products used by establishment for the production of alcoholic beverages other than beer or wine. This use must comply with the supplemental regulations found in § 3-100.1 of this chapter.

FARM EMPLOYEE HOUSING. A dwelling located on a farm for the purpose of housing an employee of the farm operation and his/her family. Also included in this use type would be multi-family dwellings for seasonal employees in connection with an orchard, or any other agricultural use which relies on seasonal employees who must be housed.

FARM STAND. An establishment for the seasonal retail sale of agricultural goods and merchandise primarily produced by the operator on the site, or on nearby property. Agricultural goods produced on other properties owned or leased by the operator may also be allowed provided a majority of the produce comes from land surrounding the farm stand. This use type shall include agricultural products picked by the consumer.

FARM WINERY. An establishment, licensed as a farm winery under Virginia Code § 4.1-207 and either i) located on a farm with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling the wine on the premises where the owner or lessee manufactures wine that contains not more than 21 percent alcohol by volume; or ii) located in the commonwealth with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the commonwealth and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 21 percent alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall include a cooperative formed by an association of individuals for the purpose 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 commonwealth. A farm winery license shall be designated as a farm winery in accordance with the limitations set forth in § 4.1-219 of the Virginia Code.

FORESTRY OPERATIONS. The use of land for the raising and harvesting of timber, pulp woods and other forestry products for commercial purposes, including the temporary operation of a sawmill and/or chipper to process the timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with land development approved by the county, which shall be considered accessory to the development of the property.

MICROBREWERY. An establishment that manufactures no more than 15,000 barrels of beer per calendar year and which is located on a farm growing hops, barley, other grains, or fruit used by the establishment for the production of beer. A facility shall be permitted of no more than 3,000 square feet of floor area for the production and packaging of beer for retail sale on and off premises. This use must comply with the supplemental regulations found in § 3-100.1 of this chapter.

STABLE. The boarding, keeping, breeding, pasturing or raising of horses or ponies by the owner or occupant of the property and/or their paying or non- paying guests. Included in this definition are riding academies.

(Ord. of 6-14-12; Ord. of 1-12-21)

Sec. 6-200.3. - Residential use types.

ACCESSORY APARTMENT. A second dwelling unit within a detached single family dwelling or within an accessory structure on the same lot as the detached single family dwelling, which is clearly incidental and subordinate to the main dwelling unit.

ASSISTED CARE RESIDENCE. An establishment that provides shelter and services which may include meals, housekeeping, and personal care assistance primarily for the elderly. Residents are able to maintain a semi-independent life style, not requiring the more extensive care of a nursing home. Residents will, at a minimum, need assistance with at least one of the following: medication management, meal preparation, housekeeping, money management, or personal hygiene. At least one nurse's aide is typically on duty, with medical staff available when needed.

HALFWAY HOUSE. An establishment providing residential accommodations, rehabilitation, counseling, and supervision to persons suffering from alcohol or drug addiction, to persons reentering society after being released from a correctional facility or other institution, or to persons suffering from similar disorders or circumstances.

HOME OCCUPATION. An accessory use of a dwelling unit for gainful employment involving the on-site production, provision, or sale of goods and/or services.

LIFE CARE FACILITY. A residential facility primarily for the continuing care of the elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in nursing home type care where all related uses are located on the same lot. Such facility may include other services integral to the personal and therapeutic care of the residents.

MANUFACTURED HOME. A single or multi-sectional manufactured home.

MANUFACTURED HOME, EMERGENCY. A manufactured home used temporarily for the period of reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or other act of nature, or used temporarily as housing relief to victims of a federally declared disaster in accordance with section 3-100.3.

MANUFACTURED HOME PARK. A three-acre or larger tract of land intended to accommodate a manufactured home community of three or more spaces for lease or condominium ownership. A manufactured home park is also referred to as a "mobile home park."

MULTI-FAMILY DWELLING. A building or portion thereof which contains three or more dwelling units for permanent occupancy, regardless of the method of ownership. Included in the use type would be garden apartments, low and high rise apartments, apartments for elderly housing and condominiums.

NURSING HOME. A use providing bed care and in-patient services for persons requiring regular medical attention but excluding a facility providing surgical or emergency medical services and excluding a facility providing care for alcoholism, drug addiction, mental disease, or communicable disease. Nursing homes have doctors or licensed nurses on duty.

PRIVATE USE CAMPING. No more than two major recreational vehicles used for living, sleeping or other occupancy on any lot or combination of lots under one ownership, provided that such use is limited to the owner, family members or guests, and no fee is charged for CAMPING.

RESIDENTIAL HUMAN CARE FACILITY. A building used as a group home where not more than 8 mentally ill, mentally retarded or other developmentally disabled persons, not related by blood or marriage, reside, with one or more resident counselors or other staff persons and for which the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services is the licensing authority, pursuant to Code of Virginia, § 15.2-2291. Excluded from this definition are drug or alcohol rehabilitation centers, half-way houses and similar uses.

SINGLE FAMILY DWELLING. A site built or modular building designed for or used exclusively as one dwelling unit for permanent occupancy.

DETACHED. A single family dwelling which is surrounded by open space or yards on all sides is located on its own individual lot, and which is not attached to any other dwelling by any means.

ATTACHED. Two single family dwellings sharing a common wall area, each on its own individual lot.

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

TWO FAMILY DWELLING. The use of an individual lot for two dwelling units which share at least one common wall, each occupied by one family. A two family dwelling is also referred to as a "duplex."

(Ord. of 11-14-13; Ord. of 3-11-14; Ord. of 11-8-16; Ord. of 5-9-23)

Sec. 6-200.5. - Civic use types.

ADMINISTRATIVE SERVICES. Governmental offices providing administrative, clerical or public contact services that deal directly with the citizen. Typical uses include federal, state, city, town and county offices.

CAMP. A use which primarily provides recreational opportunities of an outdoor nature on a daily or overnight basis. Included in this use type would be scout camps, religious camps, children's camps, wilderness camps, and similar uses which are not otherwise specifically described in this ordinance.

CEMETERY. Land used or dedicated to the burial of the dead, including columbariums, crematoriums, mausoleums, and necessary sales and maintenance facilities. Funeral Services use types shall be included when operated within the boundary of such cemetery.

CLUB. A use providing meeting, or social facilities for civic or social clubs, and similar organizations and associations, primarily for use by members and guests. Recreational facilities, unless otherwise specifically cited in this section, may be provided for members and guests as an accessory use. This definition shall not include fraternal or sororal organizations associated with colleges or universities. A club does not include a building in which members reside.

COMMUNITY RECREATION. A recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are usually located within or adjacent to such development.

CORRECTION FACILITIES. A public or privately operated use providing housing and care for individuals legally confined, designed to isolate those individuals from a surrounding community.

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

CULTURAL SERVICES. A library, museum, or similar public or quasi-public use displaying, preserving and exhibiting objects of community and cultural interest in one or more of the arts or sciences.

EDUCATIONAL FACILITIES, COLLEGE/UNIVERSITY. An educational institution authorized by the commonwealth to award associate, baccalaureate or higher degrees.

EDUCATIONAL FACILITIES, PRIMARY/SECONDARY. A public, private or parochial school offering instruction at the elementary, junior and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the commonwealth.

GUIDANCE SERVICES. A use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance or therapy for only part of a 24-hour day. This use type shall not include facilities operated for the treatment of drug addiction and substance abuse.

POST OFFICE. Postal services directly available to the consumer operated by the United States Postal Service.

PUBLIC ASSEMBLY. Facilities owned and operated by a public agency accommodating public assembly for sports, amusement, or entertainment purposes. Typical uses include auditoriums, sports stadiums, convention facilities, fairgrounds, and sales and exhibition facilities.

PUBLIC MAINTENANCE AND SERVICE FACILITIES. A public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment services centers, and similar uses having characteristics of commercial services or contracting or industrial activities.

PUBLIC PARKS AND RECREATIONAL AREAS. Not for profit or publicly- owned and operated parks, picnic areas, playgrounds, recreation facilities, and open spaces.

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

SAFETY SERVICES. Facilities for the conduct of safety and emergency services for the primary benefit of the public, whether publicly or privately owned and operated, including police and fire protection services and emergency medical and ambulance services.

(Ord. of 3-11-14)

Sec. 6-200.7. - Office use types.

FINANCIAL INSTITUTIONS. Provision of financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments and free-standing automatic teller machines.

GENERAL OFFICE. Use of a site for business, professional, or administrative offices, excluding medical offices/ clinic. Typical uses include real estate, insurance, management, travel, computer software or information systems research and development, or other business offices; organization and association offices; or law, architectural, engineering, accounting or other professional offices. Retail sales do not comprise more than an accessory aspect of the primary activity of a general office.

MEDICAL OFFICE/CLINIC. Use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which do not provide overnight care or serve as a base for an ambulance service. Excluded from this definition shall be facilities operated for the treatment of drug addiction and substance abuse. Medical offices/clinics are operated by doctors, dentists, or similar practitioners licensed by the commonwealth.

LABORATORIES. Establishments primarily engaged in performing research or testing activities into technological matters. Typical uses include engineering and environmental laboratories, medical, optical, dental and forensic laboratories, x-ray services, and pharmaceutical laboratories only involved in research and development. Excluded are any laboratories which mass produce one or more products directly for the consumer market.

SUBSTANCE ABUSE CLINIC. An establishment which provides outpatient services primarily related to the treatment of alcohol, or other drug or substance abuse disorders, which services include the dispensing and administering of controlled substances and pharmaceutical products by professional medical practitioners as licensed by the commonwealth.

Sec. 6-200.9. - Commercial use types.

ADULT BOOKSTORE. An establishment that devotes more than 15 percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following: (a) books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas;" or (b) instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than 15 percent of the total floor area of the establishment to the sale of books and periodicals.

ADULT DRIVE-IN-THEATRE. An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" for observation by patrons.

ADULT MINI-MOTION PICTURE THEATRE. An establishment, with a capacity of more than five but less than 50 persons, where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

ADULT MODEL STUDIO. Any establishment open to the public where, for any form of consideration of gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation, or institution which meets the requirements established in the Code of Virginia (1950), as amended, for the issuance or conferring of, and is in fact authorized there under to issue and confer, a diploma.

ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or specified "anatomical areas."

ADULT MOTION PICTURE THEATRE. An establishment, with a capacity of 50 or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown; and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

ADULT USE. Any adult bookstore, adult motion picture theatre, adult mini- motion picture theatre, adult motion picture arcade, adult model studio, adult drive-in theatre, or massage parlor, as defined in this ordinance.

AGRICULTURAL SERVICES. An establishment primarily engaged in providing services specifically for the agricultural community which is not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services.

ANTIQUE SHOPS. A place offering primarily antiques for sale. An antique for the purposes of this ordinance shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old.

ASSEMBLY HALL. A building, designed and used primarily for the meeting or assembly of a large group of people for a common purpose. Typical uses include meeting halls, union halls, bingo parlors, and catering or banquet facilities.

AUTOMOBILE DEALERSHIP, NEW. The use of any building, land area or other premise for the display of new and used automobiles, trucks, vans, or motorcycles for sale or rent, including any warranty repair work and other major and minor repair service conducted as an accessory use.

AUTOMOBILE DEALERSHIP, USED. Any lot or establishment where three or more used motor vehicles, including automobiles, trucks, and motorcycles are displayed at one time for sale.

AUTOMOBILE PARTS/SUPPLY, RETAIL. Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores which offer new and factory rebuilt parts and accessories, and include establishments which offer minor automobile repair services.

AUTOMOBILE RENTAL/LEASING. Rental of automobiles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas.

AUTOMOBILE REPAIR SERVICES, MAJOR. Repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. This includes minor automobile repairs in conjunction with major automobile repairs. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops and other similar uses where major repair activities are conducted.

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

BED AND BREAKFAST. A dwelling in which not more than five bedrooms are provided for overnight guests for compensation, on daily or weekly basis, with or without meals.

BREWPUB. An establishment that manufactures no more than 15,000 barrels of beer per calendar year and which is located on a farm growing hops, barley, other grains, or fruit used by the establishment for the production of beer. A facility shall be permitted of no more than 5,000 square feet of floor area for the production and packaging of beer for retail sale on and off premises and including the provision of full restaurant services. This use must comply with the supplemental regulations found in § 3-100.1 of this chapter.

BUSINESS OR TRADE SCHOOLS. A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary and secondary, or college and university.

BUSINESS SUPPORT SERVICES. Establishments or places of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, as well as temporary labor services.

CAMPGROUND. A plot of ground upon which 3 or more unit spaces are located, established or maintained, whether or not a fee is charged, for occupancy by a major recreational vehicle or components under the control of a major recreational vehicle.

CAR WASH. Washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes.

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

COMMERCIAL INDOOR ENTERTAINMENT. Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, and concert or music halls.

COMMERCIAL INDOOR/OUTDOOR SPORTS AND RECREATION. Predominantly participant uses conducted in open, enclosed or screened facilities. Typical uses include driving ranges, miniature golf, swimming pools, tennis courts, racquetball courts, baseball, softball, basketball, motorized cart and motorcycle tracks, and motorized model airplane flying facilities.

COMMERCIAL OUTDOOR ENTERTAINMENT. Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include sports arenas, motor vehicle or animal racing facilities, and outdoor amusement parks.

COMMERCIAL OUTDOOR SPORTS AND RECREATION. Predominantly participant uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, and motorized model airplane flying facilities.

COMMUNICATION SERVICES. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded from this use type are facilities classified as utility services, major or towers. Typical uses include television studios, telecommunication service centers, telegraph service offices or film and sound recording facilities.

CONSTRUCTION CAMPS. Sites that provide temporary sites and connections for recreational vehicles for a large influx of employees/labor drawn to the area by large extended construction projects. These camps are meant to minimize the strain on local resources, limit social impacts on the community and allow control and order to be imposed on the occupants.

CONSTRUCTION SALES AND SERVICES. Establishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments.

CONSUMER REPAIR SERVICES. Establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.

CONVENIENCE STORE. Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience stores shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores.

DANCE HALL. Establishments in which more than ten percent of the total floor area is designed or used as a dance floor, or where an admission fee is directly collected or some other form of compensation is obtained for dancing.

DATA CENTER. A facility comprised of a building or buildings occupied by networked computers and/or telecommunications and related equipment, including supporting equipment and software applications, for data storage that businesses and other organizations use to organize, process, store, and disseminate large amounts of data.

DAY CARE CENTER. Any facility operated for the purpose of providing care, protection and guidance to ten or more individuals during only part of a 24-hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full 24-hour period.

EQUIPMENT SALES AND RENTAL. Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment, and the rental of mobile homes. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

FAMILY DAY CARE HOME. A single family dwelling in which more than five but less than ten individuals, are received for care, protection and guidance during only part of a 24-hour day. Individuals related by blood, legal adoption or marriage to the person who maintains the home shall not be counted towards this total. The care of five or less individuals for portions of a day shall be considered a home occupation.

FLEA MARKET. Businesses engaged in the outdoor sale of used or new items, involving regular or periodic display of merchandise for sale.

FUNERAL SERVICES. Establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. Typical uses include mortuaries and crematories.

GARDEN CENTER. Establishments or places of business primarily engaged in retail or wholesale (bulk) sale, from the premises, of trees, shrubs, seeds, fertilizers, pesticides, plants and plant materials primarily for agricultural, residential and commercial consumers. Such establishments typically sell products purchased from others, but may sell some material which they grow themselves. Typical uses include nurseries, plant stores and lawn and garden centers.

GASOLINE STATION. Any place of business with fuel pumps and gasoline storage tanks which provides fuels and oil for motor vehicles.

GOLF COURSE. A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par 3 golf courses. Specifically excluded would be independent driving ranges and any miniature golf course.

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

HOTEL/MOTEL/MOTOR LODGE. A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day, week or month. Such uses generally provide additional services such as daily maid service, restaurants, meeting rooms and/or recreation facilities.

HUNTING PRESERVES. A privately owned parcel of land where animals are raised and keep undisturbed for commercial or private use for hunting, shooting, or fishing.

KENNEL, COMMERCIAL. The boarding, breeding, raising, grooming or training of dogs, cats, or other household pets of any age not owned by the owner or occupant of the premises, and/or for commercial gain.

KENNEL, NONCOMMERCIAL. Any place equipped and/or used to house or otherwise care for five or more dogs that are kept for personal use or enjoyment and which does not meet the definition of "commercial kennel" or "boarding kennel."

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

MANUFACTURED HOME SALES. Establishments primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, parts, and equipment.

MOBILE FOOD ESTABLISHMENT. A readily movable motorized vehicle or towed vehicle designed and equipped for the preparation, service and/or sale of food. The units are considered to be portable and temporary by definition and not permanent fixtures to a specific property. This is a general term which includes mobile food units such as food trucks, pushcarts, concession trailers and any other mobile unit that would be considered as providing mobile food vending services.

MINI-WAREHOUSE. A building designed to provide rental storage space in cubicles where each cubicle has a maximum floor area of 400 square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods.

PAWN SHOP. A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property.

PERSONAL IMPROVEMENT SERVICES. Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

PERSONAL SERVICES. Establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving individuals and households.

RECREATIONAL VEHICLE SALES AND SERVICE. Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories.

RESTAURANT. An establishment engaged in the preparation and sale of food and beverages. Service to customers may be by counter or table service, or by take-out or delivery.

RETAIL SALES. Sale or rental with incidental service of commonly used goods and merchandise for personal or household use but excludes those classified more specifically by these use type classifications.

RURAL EVENTS FACILITY. A facility, located on a parcel of land 20 acres or larger in size, utilized for events typically conducted on a single day, for which attendance is permitted by invitation or reservation. Facilities may host usual and customary activities, including, but not limited to, private parties, business meetings, educational seminars, wedding receptions, wedding ceremonies, class/family reunions, showers (i.e., baby, bridal), similar events and activities for nonprofit organizations, and similar events and activities as determined by the Zoning Administrator.

SAWMILL AND WOODYARD. The use of land for the storage of harvested timber and/or sawing of the timber into lumber products.

STUDIO, FINE ARTS. A building, or portion thereof, used as a place of work by a sculptor, artist, or photographer.

TECHNOLOGY BUSINESS

A business consisting of one or more than one in combination of the following:

(a)

Electronic information operations and providers. Businesses that assist other businesses to better manage their paper documents by putting them in an electronic database that can easily be viewed by a larger group of people.

(b)

Internet service providers. Businesses that provide Internet service to businesses or residents.

(c)

Software design and development. Businesses that design software or businesses that develop the design of specific software.

(d)

Computer and peripheral sales and assembly. Businesses that assemble computers or sell the hardware associated with computers.

(e)

Content developers. Businesses that design and build computer systems.

(f)

Internet-based sales and services. Businesses whose primary trade is based on the Internet, be it a sales or service provider.

(g)

Hardware design, manufacture, assembly and development. Businesses that manufacture, assemble or develop hardware design for computers.

(h)

Telecommunications-based video service providers. Businesses that use video-conferencing or cable connections for employees to telecommute.

(i)

Outbound or inbound call centers. Businesses that either market their product through phone calls or businesses that answer consumer questions.

(j)

Telecommunications equipment manufacturing, assembly and service. Businesses that build, put together or service telecommunications equipment.

(k)

Owned, operated, managed, or leased as landlord or tenant, as all or a part of a data center.

TRUCK STOP. An establishment containing a mixture of uses which cater to the traveling public and in particular motor freight operators. A truck stop might include such uses as fuel pumps, restaurants, overnight accommodations, retail sales related to the motor freight industry, and similar uses.

VETERINARY HOSPITAL/CLINIC. Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel.

(Ord. of 3-11-14; Ord. of 9-12-17; Ord. of 2-11-20; Ord. of 7-14-20; Ord. of 1-12-21; Ord. of 5-9-23)

Sec. 6-200.11. - Industrial use types.

ASPHALT PLANT. An establishment engaged in manufacturing or mixing of paving materials derived from asphaltic mixtures or tar.

CONSTRUCTION YARDS. Establishments housing facilities of businesses primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building contractor's yards.

CUSTOM MANUFACTURING. Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, or the use of mechanical equipment commonly associated with residential or commercial uses.

INDUSTRY, TYPE I. Establishments engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Type I Industry is capable of operation in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, etc. A machine shop is included in this category. Also included is the manufacturing of ammunition and firearms, apparel, electrical appliances, electronic equipment, camera and photographic equipment, ceramic products, cosmetics and toiletries, business machines, food, paper products (but not the manufacture of paper from pulpwood), musical instruments, medical appliances, tools or hardware, plastic products (but not the processing of raw materials), pharmaceuticals or optical goods, bicycles, and any other product of a similar nature or requiring similar production characteristics.

INDUSTRY, TYPE II. Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Included in this use type are industries involved in processing and/or refining raw materials such as chemicals, rubber, wood or wood pulp, forging, casting, melting, refining, extruding, rolling, drawing, and/or alloying ferrous metals, and the production of large durable goods such as automobiles, manufactured homes, or other motor vehicles.

INDUSTRY, TYPE III. An establishment which has the potential to be dangerous or extremely obnoxious. Included are those in which explosives are stored, petroleum is refined, natural and liquid gas and other petroleum derivatives are stored and/or distributed in bulk, radioactive materials are compounded, pesticides and certain acids are manufactured, and hazardous waste is treated or stored as the establishment's principal activity.

LANDFILL, CONSTRUCTION DEBRIS. The use of land for the legal disposal of construction and demolition wastes consisting of lumber, wire, sheet rock, broken brick, shingles, glass, pipes, concrete, and metals and plastic associated with construction and wastes from land clearing operations consisting of stumps, wood, brush, and leaves.

LANDFILL, RUBBLE. The use of land for the legal disposal of only inert waste. Inert waste is physically, chemically and biologically stable from further degradation and considered to be non-reactive, and includes rubble, concrete, broken bricks, and block.

LANDFILL, SANITARY. The use of land for the legal disposal of municipal solid waste derived from households, business and institutional establishments, including garbage, trash, and rubbish, and from industrial establishments, other than hazardous wastes as described by the Virginia Hazardous Waste Regulations.

MEAT PACKING AND RELATED INDUSTRIES. The processing of meat products and byproducts directly from live animals or offal from dead animals.

RAILROAD FACILITIES. Railroad yards, equipment servicing facilities, and terminal facilities.

RECYCLING CENTERS AND STATIONS. A receptacle or facility used for the collection and storage of recyclable materials designed and labeled for citizens to voluntarily take source separated materials for recycling.

RESOURCE EXTRACTION. A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries; borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use type shall be grading and removal of dirt associated with an approved site plan or subdivision, or excavations associated with, and for the improvement of, a bona fide agricultural use.

SCRAP AND SALVAGE SERVICES. Places of business primarily engaged in the storage, sale, dismantling or other processing of uses or waste materials which are not intended for reuse in their original forms. Typical uses include paper and metal salvage yards, automotive wrecking yards, junk yards, used tire storage yards, or retail and/or wholesale sales of used automobile parts and supplies.

TRANSFER STATION. Any storage or collection facility which is operated as a relay point for municipal solid waste which ultimately is to be transferred to a landfill.

TRANSPORTATION TERMINAL. A facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express between modes of ground transportation, including bus terminals, railroad stations, and public transit facilities.

TRUCK TERMINAL. A facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck. Included in the use type would be express and other mail and package distribution facilities, including such facilities operated by the U.S. Postal Service.

TRUCK YARD. A structure or land used or intended to be used primarily to accommodate the parking or storage of trucks, truck trailers, or truck tractors in active use. A truck yard may include, as incidental uses only, facilities for the service or repair of vehicles.

WAREHOUSING AND DISTRIBUTION. Uses including storage, warehousing and dispatching of goods within enclosed structures, or outdoors. Typical uses include wholesale distributors, storage warehouses, moving/storage firms.

(Ord. of 6-14-12; Ord. of 7-14-20)

Sec. 6-200.13. - Miscellaneous use types.

AMATEUR RADIO TOWER. A structure on which an antenna is installed for the purpose of transmitting and receiving amateur radio signals erected and operated by an amateur radio operator licensed by the Federal Communications Commission.

AVIATION FACILITIES. Private or public land areas used or intended to be used for the take-off and landing of aircraft. Aviation facilities may include facilities for the operation, service, fueling, repair and/or storage of the aircraft.

TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas. The term includes but need not be limited to radio and television transmission towers, microwave towers, common-carrier towers, and cellular telephone and wireless communication towers. Tower types include, but are not limited to monopoles, lattice towers, wooden poles, and guyed towers. Excluded from this definition are amateur radio towers, which are otherwise defined.

OUTDOOR GATHERING. Any temporary organized gathering expected to attract 500 or more people at one time in open spaces outside an enclosed structure. Included in this use type would be music festivals, carnivals and fairs, and similar transient amusement and recreational activities not otherwise listed in this section. Such activities held on publicly owned land shall not be included within this use type.

PARKING FACILITY, SURFACE/STRUCTURE. Use of a site for surface parking or a parking structure unrelated to a specific use which provides one or more parking spaces together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements established by this ordinance. This use type shall not include parking facilities accessory to a permitted principal use.

SHOOTING RANGE, OUTDOOR. The use of land for archery and the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. Excluded from this use type shall be general hunting, and the unstructured and nonrecurring discharging of firearms on private property with the property owner's permission.

UTILITY SERVICES, MAJOR. Services of a regional nature which normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, water towers and tanks, community waste water treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission.

UTILITY SERVICES, MINOR. Services which are necessary to support existing and future development within the immediate vicinity and involve only minor structures. Included in this use type are distribution lines and small facilities that are underground or overhead, such as transformers, relay and booster devices, and well, water and sewer pump stations. Also included are all major utility services owned and/or operated by the county, and any major utility services that were in existence prior to the adoption of this ordinance.