- DEFINITIONS
For the purpose of this ordinance, certain terms and words are hereby defined:
| TERM | DEFINITION |
|---|---|
| Accessory automated teller machine (ATM) | See Automated teller machine (ATM), accessory. |
| Accessory building | An accessory building is a subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this ordinance) located on the same lot as the main building or principal use of the land. |
| Accessory dwelling | See Dwelling, accessory. |
| Accessory dwelling unit | See Dwelling, accessory. |
| Accessory fuel pump | See Fuel pump, accessory. |
| Accessory retail sales | See Retail sales, accessory. |
| Accessory use | An accessory use is one which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this ordinance) is located on the same lot as the principal use of the premises. |
| Administrator | The zoning administrator of the Town of Purcellville. |
| Adult care center | A nonresidential facility licensed by the Virginia Department of Social Services 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. |
| Agricultural operation | Any operation devoted to the bona fide production of crops, or animals, or fowl, including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silviculture activity. |
| Agricultural products | Any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops. |
| Agriculture/horticulture | The use of land for an agricultural operation and/or the bona fide production or harvesting of agricultural products. This term does not include the above ground application or storage of sewage sludge, the storage or disposal of nonagricultural excavation material, waste and debris if the excavation material, waste and debris are not generated on the farm, or the processing of agricultural products or the products of an agricultural operation, including, but not limited to, the slaughtering or processing of animals. |
| Agricultural tourism | The use of land that involves the operation of recreational and educational activities on farmland or rural properties for the purpose of promoting and showcasing agricultural products, practices, and heritage. This may include activities such as farm tours, agricultural festivals, pick-your-own operations, farm stays, and other similar activities. Agricultural tourism may also include the sale of farm products, such as produce, livestock, and crafts, to visitors. The primary goal of agricultural tourism is to provide an opportunity for visitors to experience and learn about farming and rural lifestyles, while supporting the local agricultural economy. |
| Alley | A public or private way less than 30 feet in width and affording secondary means of access to abutting property. |
| All-weather surface | A surface made of a hard material capable, during ordinary use, of withstanding normal weather conditions without substantial deterioration. Such materials include, but are not limited to: gravel, asphalt, brick, concrete and the like. |
| Alteration | See Structural alteration. |
| Amphitheater | An outdoor area, which may be partially enclosed or covered, devoted to dramatic, dance, musical, or other live performances, although incidental use for private meetings, exhibits, and presentations shall be permitted. |
| Apartment | See Dwelling, apartment. |
| Apartment building dwelling | See Dwelling, apartment building. |
| Assisted living facility | A residential facility, licensed by the Virginia Department of Social Services, in which aged, infirm or disabled persons reside, with one or more resident or nonresident staff persons, which provides or coordinates personal and health care services, 24-hour supervision and general assistance with the activities of daily living for its residents. |
| Attached communications tower | See Communications tower. |
| Attached dwelling | See Dwelling, single-family attached. |
| Auction house | A structure or enclosure where goods are stored with the intent of being sold by auction to the highest bidder. |
| Automated teller machine (ATM), accessory | A mechanized consumer banking device operated by a financial institution for the convenience of its customer located on a lot or within a building containing another use. |
| Automobile, salvage or wrecking yard | A junk yard consisting of that part of a lot not enclosed by a building, which is used for the storage or dismantling of damaged, inoperative, or obsolete vehicles or for the sale of such vehicles or of the salvaged parts therefrom. |
| Automotive service station | See Fueling station. |
| Basement | That portion of a building between the floor and ceiling which is wholly or partly underground and having more than one-half of its height below grade. |
| Bed and breakfast | A building containing a maximum of four guest rooms, having sleeping and eating accommodations where short-term lodging of no more than 14 days is provided, with or without meals, for compensation, and in which meals may be provided to guests only, and which is operated in accordance with all pertinent town code requirements. May be an accessory use within a single-family detached dwelling or single-family detached farmhouse dwelling as allowed by the use regulations of a zoning district. |
| Block | That property fronting on one side of a street or road and lying between two intersecting streets or roads or otherwise limited by a right-of-way, a waterway, an un-subdivided tract or any other physical barrier of such nature as to interrupt the continuity of development. |
| Board | The Board of Zoning Appeals of the Town of Purcellville. |
| Brewery, winery or distillery | A facility wherein the primary use is the making of beer, wine or liquor that is open to the public for tours and tastings. |
| Buffer yard | Land area used to separate one use from another to absorb runoff or shield from dust, noise, lights or other such effects and to provide space for screening, all in accordance with the requirements of this ordinance. |
| Buildable area | The area of that part of the lot not included within the yards or open spaces herein required. |
| Buildable width | The width of that part of a lot not included within the open spaces and yards herein required. |
| Building | Any structure permanently affixed to a lot or lots and having a roof supported by columns or walls, for the housing or enclosure of persons, animals, or property of any kind. |
| Building, completely enclosed | Any building having no outside openings other than ordinary doors, windows, and ventilators. |
| Building, height of | The vertical distance from the average finished grade or from the average level of the finished grade at the front building line, if higher, to the highest point of the coping of a flat roof, or to the deck line or highest point of coping or parapet of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, shed, and gambrel roofs. When the highest wall of a building with a shed roof is within 35 feet of a street, the height of such building shall be measured to the highest point of coping or parapet. |
| Building, main | The principal building or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot. |
| Building setback line | A line within a lot between which line and the street line of any abutting street no building or structure may be erected. |
| Bulk | A term used in this ordinance to describe the size and shape of a building or structure and its relationship to other buildings, to the lot area for a building, and to open spaces and yards. |
| Bus depot and maintenance facility | A facility for the temporary storage and maintenance of public and/or private buses; not an automobile, salvage or wrecking yard or junk yard or automobile graveyard. |
| Bus shelter | A small, roofed structure, usually having three walls, located near a street and designed primarily for the protection and convenience of bus passengers. |
| Car wash | An establishment for the washing and cleaning of automobiles and light trucks or vans; does not include repair services, vehicle storage or sales of convenience goods. |
| Catering | A service facility in which food is prepared and delivered to off-site locations for serving; may be an accessory use to an eating establishment. |
| Cellar | A story entirely underground or partly underground, with at least one-half of its height below grade. |
| Cemetery | Any land or structure used or intended to be used for the interment of human remains, excluding crematories and funeral homes. |
| Child care, commercial | An establishment licensed by the Virginia Department of Social Services which offers care, protection, supervision and/or education outside of a residential dwelling for compensation to six or more children at a time during any 24-hour period, and then only for part of any 24-hour day. A commercial child care establishment shall not be located within a residential dwelling or on a residential lot, but when allowed by the use regulations of a zoning district, such establishment may include a private school or other facility for which the purpose is primarily educational, recreational, or therapeutic treatments as an accessory use. |
| Child care, family day home | A child day program conducted in the residence of the provider or the residence of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. |
| Church or other place of worship | A building or structure, or group of buildings or structures, which are primarily intended for the conducting of organized religious services and accessory uses associated therewith, including any building used for religious services by any denomination; child care and educational uses are not part of the definition of a church unless conducted in conjunction with worship services or as allowed by the use regulations of a zoning district. |
| Clinic, urgent care | An establishment staffed by medical professionals exclusively for short-term treatment of injury or illness where patients are not lodged overnight. |
| Club, private | See Private club. |
| College or university | An institute of higher education authorized or accredited to award advanced degrees, which may include on-site student, faculty and/or employee housing facilities. |
| Commercial child care | See Child care, commercial. |
| Commercial equestrian facility | See Equestrian facility, commercial. |
| Commercial indoor recreation facility | See Recreation facility, commercial indoor. |
| Commission | The Planning Commission of the Town of Purcellville, Virginia. |
| Communications tower or monopole | A structure of skeletal framework or a pole, guyed or self-supporting, used to support antennas. Guy wire, framework and other stabilizing devices are considered part of the structure of the tower. This definition explicitly excludes similar structures of 75 feet in height or less which solely support amateur radio antennas. |
| Communications tower or monopole, attached | A communications tower which is placed on an existing building or other noncommunications structure and increases the height of the existing structure by not more than ten feet. |
| Communications tower or monopole, freestanding | A communications tower which is not attached to another structure. |
| Community or cultural facility. | A facility typically engaged in nonprofit or quasi-public use for a public purpose, such as a community center, cultural center, museums senior center and the like. |
| Community garden | A public facility for the cultivation of fruits, vegetables or flowers by more than one person or family. |
| Commuter parking lot | See Parking lot, commuter. |
| Concept plan | Part of a special use permit application, prepared in accordance with Article 8, Section 1: Special use permit, which may consist of visual and written representation depicting a layout and/or design of a proposed development. Once approved through the legislative process, this document becomes binding on the developer and his successors in interests. |
| Concrete plant | A plant for the manufacture or mixing of concrete, cement and concrete and cement products, including any apparatus and uses incidental to such manufacturing and mixing. |
| Condominium | Real property and any incidentals thereto or interests therein which have been or are to be lawfully established as such under the Virginia Condominium Act. |
| Construction/landscaping equipment and supply sales and service | A retail or wholesale commercial establishment engaged in the sale, rental, service and/or repair from the premises of equipment, goods and materials used during construction and landscaping activities, including, but not limited to: brick, stone, lumber and other wood construction materials, pipes and other plumbing supplies, wiring and other electrical supplies, drywall, carpet and other flooring products, sand, gravel, potting soil, fertilizer, mulch, plants, tools and hardware, motorized construction equipment, motorized lawn and garden equipment, and related equipment and supplies. May include a nursery, greenhouse, and outdoor storage as accessory uses. |
| Contractor's office and storage area | A facility in which a contractor conducts administrative activities, record-keeping, clerical work and other similar functions of the business in conjunction with the storage of vehicles, equipment and supplies for offsite use in the performance of any construction or land development trades; does not include an automobile, salvage or wrecking yard or junk yard or automobile graveyard. |
| Convalescent, nursing or rest home | See Nursing home. |
| Convenience store | A small-scale retail establishment offering for sale a limited line of groceries, beverages, periodicals and other household items intended for the convenience of the passerby. Such establishments may have on-site service of food and drink for immediate consumption. |
| Country inn | A building or set of buildings having sleeping and eating accommodations where short-term lodging of no more than 14 days is provided, with or without meals, for compensation, and in which meals may be provided to guests only, and which is operated in accordance with all pertinent town code requirements. May be an accessory use within a single-family detached dwelling or single-family detached farmhouse dwelling as allowed by the use regulations of a zoning district. |
| Day nursery or child day care center | See Child care, commercial. |
| Decommission of solar energy facilities | The removal and proper disposal of solar energy equipment, facilities, or devices on real property and the reasonable restoration of the real property upon which such solar equipment, facilities, or devices are located, including soil stabilization and revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities or devices (ref: Code of Virginia, § 15.2-2241.2). |
| Density, residential | Unless otherwise specified, the number of dwelling units per gross acre of residential land area, with gross acres including all the land area, including streets, easements, and open space portions of a developed site. |
| Detached single-family dwelling | See Dwelling, single-family detached. |
| Development | Any manmade 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, drilling operations, or storage of equipment of materials. |
| Diameter at breast height (DBH) | The diameter of a tree measured as the circumference of the tree trunk at 4.5 feet above the ground. In the case of multiple trunks, the collective circumstances of all trunks at 4.5 feet above grade will constitute DBH. |
| District | Any section of the Town of Purcellville in which the zoning regulations are uniform and so designated on the zoning district map. |
| Drive-through facility | A portion of a commercial establishment in which patrons do business from their motor vehicles through a window or other remote device or station. |
| Dry cleaning and laundry establishment | An establishment which launders and/or dry cleans articles dropped off on the premises directly by the customer or where articles are dropped off, sorted, and picked up but where laundering or cleaning is done elsewhere. The alteration and mending of clothing items may be conducted as an accessory use. |
| Duplex dwelling | See Dwelling, duplex. |
| Dwelling | A building or portion thereof, designed or used exclusively for residential occupancy, as an independent housekeeping unit, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities, but not including boats, trailers, mobile homes, motor homes, hotels, motels, motor lodges, tourist courts, or tourist homes. |
| Dwelling, accessory | A subordinate dwelling unit in a main building or accessory building as approved by the board of zoning appeals under Article 14, Section 14.1: Board of zoning appeals. This includes servants or caretakers' quarters and guest houses. |
| Dwelling, apartment unit | A part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed, and used as a residence by an individual or a single family. |
| Dwelling, attached | See Dwelling, single-family attached. |
| Dwelling, detached single-family | See Dwelling, single-family detached. |
| Dwelling, duplex | A structure arranged or designed to be occupied by no more than two families, living independently of each other. The structure having only two dwelling units attached by a common wall side by side or a floor arranged one above the other. The dwelling units shall be joined to each other by an above ground common wall or common floor. A common wall shall extend at least from grade level to the height of the exterior eave of the roof. A common floor shall extend on a horizontal plane to the exterior walls of the dwelling. Each dwelling unit shall have its own exterior entrance or there may be a single exterior entrance to both units through a common entranceway if the units are configured as one unit above the other. |
| Dwelling, apartment building | A building designed for or occupied exclusively by three or more families living independently of each other. |
| Dwelling, single-family | A building designed for or occupied exclusively by one family. |
| Dwelling, single-family attached | A single-family dwelling designed to be sold as a unit but forming one of a group or series of three or more attached single-family dwellings separated from one another by party walls without doors, windows, or other provisions for human passage or visibility through such walls from basement to roof, and having roofs which may extend from one of the dwelling units to another. |
| Dwelling, single-family detached | A single-family dwelling entirely surrounded by a yard or other separation from other main buildings on the same lot or on adjacent lots. |
| Dwelling, single-family detached farmhouse | A single-family dwelling entirely surrounded by a yard and located on or abutting an agriculture/horticulture use occupied by the owner of the land or a tenant whose primary job is running the farm. |
| Dwelling unit | A room or group of rooms occupied or intended to be occupied as separate living quarters by a single-family or other group of persons living together as a household or by a person living alone and having its own permanently installed cooking and sanitary facilities. |
| Eating establishment | An eating establishment is any building in which, for compensation, food or beverages are dispensed for consumption within the structure or in outdoor areas next to the structure, including, among other establishments, restaurants, cafes, cafeterias, tea rooms, and refreshment stands. |
| Equestrian facility, commercial | Horse, donkey or mule facilities utilized as a business, including stables, indoor and outdoor riding rings, paddocks, and other buildings or structures accessory and incidental to the above uses. |
| Equestrian facility, residential | Horse, donkey or mule facilities utilized for personal enjoyment and not as a business, including stables, indoor and outdoor riding rings, paddocks, and other buildings or structures accessory and incidental to the above uses, provided that no more than one such animal shall be kept for each acre of land on the premises. |
| Facade articulation | Facade articulation is a building regulation to be incorporated into the design of a building's facade adjacent to all streets to ensure that buildings contribute to the visual interest and diversity of the surrounding area. Facade articulation shall be measured as a percent of the building's elevation facing any street which protrudes or recedes from the primary plane of the facade by at least two inches. |
| Family |
A group of people living together consisting of:
(a) One or more persons related* by blood or marriage together with any number of natural, foster, step or adopted children, domestic servants, nurses and therapists and no more than two roomers or boarders; or (b) No more than four unrelated persons; or (c) Per Code of Virginia, § 15.2-2291, up to eight individuals residing in a residential facility that suffer from mental illness, mental retardation, or developmental disabilities and have one or more resident counselors or other staff persons. For the purposes of this subsection, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in [Code of Virginia,] § 54.1-3401; or (d) Up to eight individuals residing in a residential facility that are aged, infirm or disabled and have one or more resident counselors or other staff persons. For purposes of this subsection, "residential facility" means any assisted living facility or residential facility in which aged, infirm or disabled persons reside with one or more resident counselors or other staff persons and for which the Department of Social Services is the licensing authority pursuant to this Code. * Persons who are related includes husbands, wives, parents, children, grandparents, grandchildren, brothers, sisters, aunts, uncles, cousins, nephews, nieces (including step or half relationships) as demonstrated by official public records such as government-issued identification, birth or marriage certificates; or by affidavits. |
| Farm and community market | An event in which multiple vendors on a regularly scheduled basis, but no more than two days per week, meet to sell at retail to the public farm produce, food stuffs, art work or handicrafts substantially grown or produced by the seller, members of seller's family or farm laborers employed by seller upon property owned or leased by the seller. |
| Farm equipment and supply sales and service | A retail or wholesale commercial establishment engaged in the sale, rental, service and/or repair from the premises of equipment, goods and materials used in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching, including, but not limited to: farm tools and implements, seed, feed, grain, tack, animal care products, motorized farming equipment, and related equipment and supplies; may include custom milling of grain and feed and outdoor storage as accessory uses. |
| Financial institution | An establishment in which customers frequent the site for the purposes of buying and selling securities, obtaining loans, depositing and withdrawing money, and the like. |
| Fire, rescue or police station. | A facility from which fire, rescue, and/or police vehicles operate and in which they are stored and maintained, and which may include offices and/or transient lodging accommodations for the personnel who staff the vehicles. |
| Firing range, indoor | A facility, contained within a completely enclosed building, used for shooting at targets with rifles, pistols or other firearms which complies with all federal and state regulations for such use. |
| Fitness center | A private fitness establishment which may offer for use aerobic training and/or strength training equipment, saunas, locker rooms and shower facilities and instruction in general health and physical fitness. Such use may provide massages, provided not more than five percent of the gross floor area is used for massages. |
| Floodplain | Any land area susceptible to being inundated by water from any source. (For further definitions pertaining to floodplains, see Article 4, Section 4.12: Floodplain overlay district). |
| Floor area |
(a) Commercial, business, and industrial buildings, or buildings containing mixed
uses: The sum of the gross horizontal areas of the several floors of a building measured
from the exterior faces of the exterior walls or from the centerline of walls separating
two buildings, but not including: (1) attic space providing headroom of less than
seven feet; (2) basement space not used for retailing; (3) uncovered steps or fire
escapes; (4) accessory water towers or cooling towers; (5) accessory off-street parking
spaces; and (6) accessory off-street loading spaces.
(b) Residential buildings: The sum of the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements, and open porches, measured from the exterior faces of the exterior walls. |
| Floor area ratio (FAR) | The gross floor area of all buildings on a lot divided by the lot area. |
| Food processing, retail | A facility in which the preparation, processing, and packaging of food products, but not the slaughtering of animals, occurs in conjunction with the retail sale of such food products for consumption at an off-site location. Examples of activities include bakeries, creameries and confectioneries. |
| Food processing, wholesale | A facility in which the preparation, processing and packaging of food products, but not the slaughtering of animals, occurs for the sale of such food products in bulk to large scale buyers, usually other businesses, for the purpose of later retail distribution to the resident population, businesses and/or to tourists. |
| Free-standing communications tower | See Communications tower. |
| Frontage |
(a) Street (or road) frontage: All of the property on one side of a street or road
between two intersecting streets (crossing or terminating), measured along the line
of the street, or if the street is dead-ended, then all of the property abutting on
one side between an intersecting street and the dead-end of the street.
(b) Lot frontage: The distance for which the front boundary line of the lot and the street or road line are coincident. |
| Fuel pump | A pump for dispensing all forms of gasoline or similar fuel for motor vehicles in one self-contained unit, which may include more than one hose. |
| Fuel pump, accessory | A fuel pump located on the premises of a business and used solely by such business; retail fuel sales to the general resident population are prohibited. |
| Fueling station | Any lot or parcel of land or portion thereof used partly or entirely for the storing, retail sale and dispensing of flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of motor vehicles. Accessory uses of such an establishment may include a convenience store, car wash, and/or building including not more than three interior service stalls where minor maintenance services may be rendered and sales made, such as lubrication, brake repair, muffler replacement, and the like, but not including major mechanical and body work, painting, welding or other work involving noise, glare, fumes, smoke or other impacts to an extent greater than normally found at fueling stations. |
| Full-time management | A member of staff being physically present on the premises at all times when a use is occupied by patrons, responsible for monitoring the premises and enforcing noise and behavioral standards. |
| Funeral home | An establishment used primarily for human funeral services, which may or may not include facilities on the premises for embalming, performance of autopsies or other surgical procedures, and storage of funeral-related supplies and vehicles, but does not include facilities for cremation. |
| Garage, parking | See Parking structure. |
| Garage, private | An accessory building used for storage purposes only and having a floor area of not more than 900 square feet. |
| General retail sales | See Retail sales, general. |
| Government office and assembly room | A facility, owned by and used for administrative, technical or professional office activities of an agency or political subdivision of the United States of America, the Commonwealth of Virginia, a county or a town or city which may include rooms or an accessory building where groups of people gather for a meeting, event or regularly scheduled program. |
| Government operations facility | A facility owned by an agency or political subdivision of the United States of America, the Commonwealth of Virginia, a county or a town or city where vehicles, equipment and supplies necessary for providing government services are stored and maintained; governmental office and assembly room may be included as an accessory use. This use does not include any facilities defined as public utility, major or public utility, minor. |
| Grade | Grade or grade elevation shall be determined by averaging the elevations of the finished ground adjacent to all the corners and/or other principal points in the perimeter wall of the building. |
| Greenhouse | A structure with translucent walls and/or roof used to sprout or grow vegetation for later sale or planting. |
| Green infrastructure | The range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspiration stormwater and reduce flows to sewer systems or to surface waters. |
| Ground floor transparency | The area of glazing or window area on the ground floor facade, located between curb level and the ceiling height of the first occupiable floor, of a building facing a public street or other public areas. |
| Group home | A residential facility, licensed by the Virginia Department of Behavioral Health and Developmental Services, in which no more than eight mentally ill, intellectually disabled or developmentally disabled persons reside, with one or more resident or nonresident staff persons. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401. |
| Guest room | A room which is intended, arranged or designed to be occupied, or which is occupied, by one or more guests paying direct or indirect compensation therefore, but in which no provision is made for cooking. |
| Heritage tree(s) | Any tree or grouping of trees that has been designated by the town council or in the comprehensive plan to have notable historic or cultural interest. |
| Home occupation | An occupation, including any professional, vocational, business, trade and/or personal service, excluding retail sales, conducted by the occupant of a dwelling unit, which is incidental to the primary use of the property as a residence. |
| Hospital | A building or group of buildings, having room facilities for overnight patients, used for providing services for the in-patient medical or surgical care of sick or injured humans, and which may include related facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations. |
| Hotel | A building designed or occupied as a temporary living place for individuals who are, for compensation, lodged with or without meals, and in which provisions may or may not be made for cooking in individual rooms or suites. A hotel may include restaurants, taverns or club rooms, public banquet halls, ballrooms and meeting rooms. A hotel contains a central entrance lobby and does not provide a motor vehicle parking space adjacent to each individual room as does a motel. |
| Impervious surface | A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. |
| Impervious surface ratio (ISR) | Total area of impervious surfaces on a lot divided by the total land area of the lot. |
| Indoor firing range | See Firing range, indoor. |
| Inoperative motor vehicle | Any motor vehicle, trailer, or semi-trailer which has not been in operating condition for a period of 60 days or longer. Such condition is characterized by broken or removed parts, including tires, required for legal operation of the vehicle on public streets, by an expired or missing state inspection sticker, by expired or missing state license plates, and/or by an expired or missing local decal. |
| Junk | Dilapidated and inoperative automobiles, trucks, tractors, and other such vehicles and parts thereof, dilapidated wagons and other kinds of vehicles and parts thereof, discarded appliances, scrap building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, wood scraps, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds or bedding or any other kind of scrap or waste material which is stored, kept, handled, or displayed. |
| Junk yard or automobile graveyard | The use of any area of land lying within 100 feet of a state highway or the use of more than 200 square feet of land area in any location for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials. The term "junk yard" shall include the term "automobile graveyard" as any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind, incapable of being operated, are placed. |
| Kennel | A place prepared to house, board, handle or otherwise keep or care for dogs and other small domestic animals in return for compensation, or any place where more than five adult dogs are kept. |
| Laboratory | A facility used for scientific research, investigation, testing, or experimentation related to natural resources, medical resources, and manufactured materials but excluding the testing of explosives. Facilities for the manufacture or sale of products shall only be allowed when incidental to the main purpose of the laboratory. |
| Laundry | See Dry cleaning and laundry establishment. |
| Laundromat | Commercial retail establishments that provide self-serve washing and drying services. |
| Legacy district | An existing zoning district that is retained to continue implementing the zoning district existing prior to adoption of this zoning ordinance without a future expansion of the district. |
| Library | An institution for the custody, circulation and administration of a collection of books, manuscripts, etc., but not for the sale of such. |
| Light manufacturing | See Manufacturing, light. |
| Lighted sports field | A field for competitive sports, including, but not limited to: baseball, football, lacrosse, and soccer, that is illuminated by any manmade device located outdoors that produces light by any means. |
| Loading space | A space within a building or on the premises providing for the standing, loading or unloading of vehicles. |
| Lot | A parcel of land occupied or intended to be occupied by a main building or groups of main buildings and accessory buildings, together with such yards, lot width and lot areas as are required by this ordinance, and having frontage upon a street or road, either shown on a plat of record or considered a unit of property and described by metes and bounds. Such lot may consist of a single lot of record or a part or combination of one or more lots of record. |
| Lot, corner | A lot abutting upon two or more streets at their intersection where the interior angle of intersection is not greater than 135 degrees. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees. A reversed corner lot is a corner lot that is turned, with reference to an adjoining lot, to front on another street. |
| Lot coverage | That portion of the lot that is covered by buildings and structures. |
| Lot, depth of | The average horizontal distance between the front and rear lot lines. |
| Lot, double frontage | A lot, other than a corner lot, which has a frontage on two streets. |
| Lot line, front | The line separating the lot from a street on which it fronts. On a corner lot, the front shall be deemed to be along the shorter dimension of the lot; and where the dimensions are equal, the front shall be on that street on which a predominance of the other lots in the block front. |
| Lot line, rear | The lot line opposite and most distant from the front lot line. |
| Lot line, side | Any lot line other than a front or rear lot line. |
| Lot of record | A lot shown upon a plan of subdivision or upon a plat attached or referred to in a deed described by metes and bounds in a deed recorded in the clerk's office of the circuit court of the county. |
| Lot width | The horizontal distance between the side lot lines measured at the front building setback line. |
| Machine shop | An establishment where lathes, presses, grinders, shapers, and other wood and metal working machines are used. |
| Major public utility | See Public utility, major. |
| Major transmission lines | See Public utility, minor. |
| Manufactured home | A structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on-site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. |
| Manufacturing, light | The processing or fabrication of certain materials or products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties. |
| Mini-storage facility | A building, portion of a building, or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property. Accessory uses may include rental of trucks and the storage of recreational trailers/vehicles, campers, luggage trailers, boats and boat trailers and similar recreational equipment. |
| Minor public utility | See Public utility, minor. |
| Modular home | A movable or portable dwelling over 32 feet in length and over 20 feet wide, designed and constructed without a carriage or hitch, as a stationary house constructed for placement upon a permanent foundation, to be connected to utilities, for year-round occupancy. It can consist of one or more components that can be retracted when transported and subsequently expanded for additional capacity, or of two or more units separately transportable but designed to be joined and joined into one integral unit. |
| Multiple-use or mixed-use development | A development shown on a single approved site plan consisting of two or more permitted uses or uses allowed by special use permit in the zoning district within which the development is located. |
| Nature preserve | Sites with environmental resources intended to be preserved in their natural state. |
| Nonconforming lot | An otherwise legally platted lot that does not conform to the minimum area, width or depth requirements of this ordinance for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance. |
| Nonconforming structure | A building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this ordinance, or is designed or intended for a use that does not conform to the use regulations of this ordinance, for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. |
| Nonconforming use | The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. |
| Nursery | An outdoor area for the growing of plants, trees and shrubs for sales and planting off-site. |
| Nursery school | See Child care, commercial. |
| Nursing home | An extended or intermediate care facility, licensed by the Virginia Department of Health, in which nursing services and health-related services are provided on a continuing basis for the treatment and inpatient care of two or more non-related individuals who, by reason of advanced age, chronic illness or other infirmity are unable to care for themselves. |
| Office | A facility in which the administrative activities, record-keeping, clerical work and other similar functions of a business, professional service, medical practitioner, industry, or government are conducted, and, in the case of professions such as lawyers, engineers, dentists, physicians, and the like, the facility where such professional services are rendered. |
| Open space | Land set aside, dedicated and designed to protect natural environmental resources, to serve as a visual amenity, and/or to provide recreational opportunities within a private development or, if owned by the Town of Purcellville or other public agency, within the community at large. Such land shall be primarily naturally vegetated or landscaped, but may include limited paved areas, such as sidewalks, pedestrian plazas, trails, and recreational courts. Such land shall not include streets, driveways, parking areas, structures, above ground public utilities, including storm water management facilities, or other improvements, except as may be approved for recreational or historic preservation purposes in a site plan or subdivision plat. The following are the only three recognized types of open spaces: |
| Open space, common | Open space within or related to a residential development, not within individually owned lots or dedicated for public use or associated with nonresidential or rental apartment uses, that is owned by a non-profit organization as described in Article 7, Section 7.4: Open space for residential properties, and is designed and intended for the common use or enjoyment of the residents of the development. |
| Open space, public | Open space owned by the Town of Purcellville or other public agency and maintained by it for the use and enjoyment of the general public. |
| Open space, private | Open space within a private nonresidential or rental apartment development that is designed and intended for the common use or enjoyment of the occupants of the development. |
| Open space ratio (OSR) | Total area of open space divided by the total site area in which the open space is located. |
| Outdoor storage | An accessory unenclosed area located on an all-weather surface to the rear of the lot where equipment, merchandise, materials, and supplies are stored for more than 24 hours. Outdoor storage shall not be used for the storage of inoperative motor vehicles and junk. |
| Outdoor storage lot | A lot consisting of an unenclosed area located on an all-weather surface adjacent to an existing commercial or industrial use where equipment, merchandise, materials, and supplies are stored for more than 24 hours. Outdoor storage lots are not automobile, salvage or wrecking yards, junk yards or automobile graveyards, or vehicle sales storage lot, as defined in this article. Outdoor storage lots shall not be used for the storage of inoperative motor vehicles and junk. |
| Park | Land used for either or both active and/or passive recreational use. Parks may contain landscaped or naturally vegetated areas, recreational buildings and facilities and parking for vehicles. Public parks are open to the public; access to private parks is controlled by the owners. |
| Parking lot | An all-weather surface not located in a street or alley; containing motor vehicle parking spaces to accommodate customers and/or employees, either with or without charge; and connected with a street or alley by a paved driveway which affords ingress and egress for a motor vehicle without requiring another motor vehicle to be moved. Parking lots shall not be used as outdoor storage lot or vehicle sales storage lot as defined in this article. |
| Parking lot, commuter | A facility designed for short-term parking of vehicles where the occupants of such vehicles transfer to public transit to continue their trips. |
| Parking lot, public | A use consisting of a parking lot constructed of a dust-free, all-weather material containing one or more parking spaces for operable self-propelled passenger vehicles, designed for and available to the general public as an accommodation for patrons, customers or employees, either with or without charge. |
| Parking space off-street | An all-weather surfaced area not in a street or alley and having an area of not less than 162 square feet (nine feet by 18 feet), exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved. |
| Parking structure | A structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of operable motor vehicles. A parking structure may be totally below grade or either partially or totally above grade with those levels being either open or enclosed. |
| Personal services establishment | Retail personal services such as barber and beauty establishments, optician, seamstress, tailor, and the like. |
| Petroleum, propane, and other flammable liquids, storage, distribution, and sales | A facility that stores more than 15,000 gallons of petroleum, propane and/or other flammable liquids in above-ground and/or below-ground tanks for the eventual distribution to the consumer by means of a fleet of vehicles designed to hold and dispense such liquids. Accessory uses include the parking and storage of the distribution vehicles, the outside or inside storage of propane tanks, and the fueling of propane-fueled vehicles. |
| Petting farm | A collection of farm animals or gentle exotic animals for children to pet and feed. |
| Physical rehabilitation facility | A facility licensed or contracted to provide temporary occupancy and supervision of individuals in order to provide inpatient or outpatient physical rehabilitation services. |
| Playground | A recreational area which is graded and either planted in grass or paved, or a combination of both, which may have play equipment, and which may be lighted or unlighted. Does not include miniature golf grounds, golf driving ranges, mechanical amusement devices or accessory uses such as refreshment stands and equipment sales or rentals. |
| Police station | See Fire, rescue or police station. |
| Porch | A structural part of a building that is enclosed and covered by a roof that is usually separate from the main roof of the structure. A porch is generally associated with an entrance to the structure but also may be a covered and enclosed deck. |
| Premises | A lot, together with all buildings and structures thereon. |
| Printing, publishing and engraving | An establishment providing convenient services for printing or photocopying flyers, brochures, photographs, blueprints and the like, for small scale users. |
| Private club | A facility where the principal purpose is for members of a non-profit organization or group of people organized for a common purpose to meet to pursue common goals, interests and activities, and usually characterized by certain membership qualifications, of fees and dues, regular meetings, and a constitution and bylaws. These clubs and payment organizations may engage in activities consistent with their nonprofit status. |
| Private garage | See Garage, private. |
| Private school | See School, private. |
| Public or government building, facility, or use not otherwise defined | Any facility owned or operated by a public utility or an agency of local, regional, state or federal government and not otherwise defined within this article. |
| Public parking lot | See Parking lot, public. |
| Public recreation facility | See Recreation facility, public. |
| Public school | See School, public. |
| Public utility | A business or service and the facilities and appurtenances thereto, which is engaged in regularly supplying the public with potable water, sanitary sewer, electricity, gas, telephone or cable communications, and other similar public commodities or services. Does not include communications towers. |
| Public utility, major | Public utility, major shall include the following: electric substations and other distribution centers, electrical generating plants and facilities, sewage treatment and disposal facilities, storage facilities for natural gas, oil and other petroleum products, supply yards for any public utility, dial centers, repeater stations, water purifications facilities, microwave facilities, satellite earth stations, water storage facilities and maintenance facilities incidental to any use set forth above. |
| Public utility, minor | Public utilities, minor shall include the following: electric transformer; natural gas transmission facilities; telecommunication facilities (including, but not limited to, exchanges); potable water wells; water and sewer transmission, collection, distribution and metering devices; and water and sewage pumping stations. |
| Public water and sewer system | A water or sewer system owned and operated by a municipality or county, or owned and operated by a corporation approved by the governing body and properly chartered and certified by the State Corporation Commission, and subject to special regulations as herein set forth. |
| Pumping station or regulator station | See Public utility, minor. |
| Radio or television studio | A structure or part thereof, containing studio or office space used for the administrative or technical activities of radio or television broadcasting. |
| Radio, television, telephone or other communication tower | See Communications tower. |
| Recreation facility, commercial indoor | Any enclosed or semi-enclosed establishment operated as a commercial enterprise (open to the public for a fee) in which are conducted recreational, therapeutic or athletic activities, whether or not under instruction, such as but not limited to: tennis, volleyball and other court games; soccer and lacrosse; indoor golf cages, batting cages, bowling alleys, billiards and other games of skill; swimming; gymnastics, dance, miniature golf, cultural activities, martial arts, archery, roller or ice skating, skateboarding, and activities incidental to the foregoing, but not including amusement rides or regular live entertainment. Incidental office, retail, and other commercial uses commonly established in such facilities shall be allowed as long as they are clearly accessory to and only serve the users of the principal facility. |
| Recreation facility, commercial outdoor | Any outdoor area or establishment operated as a commercial enterprise (open to the public for a fee) for the following activities, such as, but not limited to: games and athletics, batting and pitching cages, darts, hard and soft courts, miniature golf, radio-controlled vehicles and airplanes, pony rides, waterslides, cultural activities, martial arts, archery, camping, roller or ice skating rinks, skateboarding, picnicking, boating, fishing, swimming, golf driving ranges, and activities incidental to the foregoing, but not including amusement rides, amusement parks, golf courses, hunting preserves, shooting ranges, theme parks or motor vehicle race tracks. |
| Recreation facility, public | Any facility defined as recreation facility, commercial indoor or recreation facility, commercial outdoor operated by an agency of local, regional, state or federal government. |
| Regulations | The whole body of laws, text, charts, tables, diagrams, maps, notations, references, and symbols, contained or referred to in this ordinance. |
| Residential child care | See Child care, residential. |
| Residential equestrian facility | See Equestrian facility, residential. |
| Retail food processing | See Food processing, retail. |
| Retail sales, accessory | The sale or rental of consumer merchandise to the general resident population and/or to tourists as an Accessory use to an existing use otherwise allowed. |
| Retail sales, general | A business establishment engaged in the sale or rental of consumer merchandise to the general resident population and/or to tourists, including household goods, clothing, appliances, and other such items. Does not include construction/landscaping equipment and supply sales and service or farm equipment and supply sales and service. |
| School | A facility owned by a governmental or private entity that provides a curriculum of early childhood, elementary, secondary and/or collegiate academic instruction, including preschools, kindergartens, elementary schools, junior high or middle schools, high schools and colleges. |
| School, private | A school owned by a non-governmental entity. |
| School, public | A school owned by a governmental entity. |
| School, special instruction | A facility primarily devoted to giving instruction in musical, artistic, scientific or other special subjects, exclusive of a conventional full-day primary or secondary curriculum; includes student learning or tutoring center. |
| School, technical | A facility which primarily provides instruction to adults in vocational and/or business skills. |
| Screening | A method of visually shielding or obscuring one abutting or nearby structure or use from another by use of planted vegetation, fences, walls or berms in accordance with the terms of this ordinance. |
| Service/repair establishment | A business establishment that repairs consumer merchandise, tools or appliances but not motorized vehicles, equipment or machinery. |
| Shopping center | A group of commercial establishments planned, owned, and managed as a total entity with on-site parking, loading areas separated from customer access, unified design, landscaping and signage in accordance with an approved plan. |
| Short-term rental housing | The provision of a room or space that is suitable or is intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for the charge for the occupancy. |
| Sign. | For definitions pertaining to signs, see Article 11: Sign regulations. |
| Sign shop | An establishment that manufactures signage and engages in the retail sale of signs, banners, or similar items. |
| Single-family attached dwelling | See Dwelling, single-family attached. |
| Single-family detached dwelling | See Dwelling, single-family detached. |
| Single-family detached farmhouse dwelling | See Dwelling, single-family detached farmhouse. |
| Single-family dwelling | See Dwelling, single-family. |
| Site plan | A document which is a detailed engineered drawing of the proposed improvements included and required in the development of a given lot, prepared in accordance with Article 11, Section 5: Site plans. For the purposes of this ordinance, a site plan is not to be construed as a concept plan, as required by other provisions of this ordinance. Reference Article 5 of the land development and subdivision control ordinance. |
| Small cell facility | A wireless facility that meets both of the following qualifications, per the Code of Virginia, § 56-484.26: (1) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and (2) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. |
| Solar energy facility, small-scale | A facility which is the real and personal property, together with all equipment and apparatus of personal property, used for the construction and operation of a photovoltaic solar power generation structure as an accessory use for the purpose of collecting, generating, and/or supplying electric energy from solar radiation (i.e., sunlight) for a principal use on the same site. |
| Special event | A temporary indoor or outdoor use, lasting seven consecutive days or less, that extends beyond the normal uses and standards allowed by the zoning ordinance which is intended to or likely to attract substantial crowds and is unlike the customary or usual activities generally associated with the property where the event is to be located. Includes event as defined in Chapter 6: Events of the town Code. |
| Special instruction school | See School, special instruction. |
| Specimen tree | Any tree which has been individually designated by the town council to be notable by virtue of its outstanding size and quality for its particular species. |
| Special use permit | The permit for a use listed as requiring such permit in this ordinance and which may be in a specified district under certain conditions, such conditions to be determined in each case by the terms of this ordinance and by the town council of the Town of Purcellville after public hearing and report by the planning commission in accordance with the procedures specified by this ordinance and applicable state law. |
| Storage warehouse | A use engaged in storage and distribution of goods or materials for sale in a business located on the premises; does not include mini-storage facility. |
| Story | That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. For the purpose of height measurement for any building other than a detached single-family dwelling a basement shall be counted as a story if its ceiling is over five feet above the level from which the height of the building is measured or if it is used as a separate dwelling unit by other than a janitor or other employee and his family. |
| Story, half | A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior sides are not more than two feet above the floor of such story, provided, however, that any such story used as a separate dwelling unit, by other than a janitor or other employee and his family, shall be counted as a full story. |
| Street (road) | A public or private thoroughfare which affords the principal means of access to abutting properties. |
| Street centerline | The centerline of a street shall mean the centerline thereof as shown in any of the official records of the town or as established by the Virginia Department of Highways and Transportation. If no such centerline has been established, the centerline of a street shall be a line lying midway between the side lines of the right-of-way thereof. |
| Street line (right-of-way line) | The line between a lot, tract or parcel of land and a contiguous street. |
| Structural alteration | Any change in the supporting members of a building or structure, including bearing walls, partitions, columns, beams, girders or similar parts of a building or structure, and any substantial change in the roof of a building. |
| Structure | Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, mobile homes, monopoles, swimming pools, backstops for tennis courts, gazebos, and pergolas. |
| Studio | A structure or part of a structure which serves as the working space for an artist, sculptor, weaver, photographer, writer, dancer, musician, yoga instructor, and the like. |
| Substation | See Public utility, major. |
| Technical school | See School, technical. |
| Temporary food truck/trailer | An accessory use consisting of a licensed, motorized vehicle or trailer, temporarily parked for no longer than three days consecutively or 156 total days within a calendar year, that is a self-contained temporarily parked food service operation, used to store, prepare, display or serve food intended for individual portion service. |
| Temporary stand | A structure or designated area for temporary retail sales of merchandise by a single vendor, including, but not limited to: produce, Christmas trees, fireworks, arts and crafts, previously prepared food, and the like. Does not include eating establishments or temporary food truck/trailer. |
| Theater | A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances although incidental use for private meetings, exhibits, and presentations shall be permitted. |
| Townhouse | See Dwelling, single-family attached. |
| Transitional housing | A residential facility managed by a government or nonprofit agency which provides temporary accommodations to women, with or without children, for a period of up to two years, and which also may provide meals, counseling, and other appropriate program activities designed to facilitate independent living. |
| Treatment plants | See Public utility, major. |
| Upholstery shop | An establishment that repairs and replaces upholstery to household and office furnishings; does not include motor vehicle upholstering or repair. |
| Urgent care clinic | See Clinic, urgent care. |
| Utility storage yard | A yard area in which materials, equipment and/or vehicles used for construction, excavating or similar activities involved in the construction and maintenance of a public utility system are stored, kept and/or maintained. |
| Variance | A reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the zoning ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the zoning ordinance. Variances do not include a change in use. |
| Vehicle repair, light | Buildings and premises including no more than five interior service stalls, wherein the primary use is the supply and replacement at retail of oil, batteries, tires and motor vehicle accessories, and where in addition, the maintenance and repair services may be rendered and sales made, such as oil changes, chassis lubrication, brake replacement and repair, muffler replacement, washing and polishing and the like. Permissible uses do not include major mechanical and body work, painting, welding, or other work involving noise, glare, fumes, smoke or other impacts to an extent greater than normally found at heavy vehicle repair facilities. |
| Vehicle sales and service | Buildings and premises, including any interior service stalls, wherein the use is the sale, rental, service, and/or repair of automobiles, trucks, recreational vehicles, motorcycles, all-terrain vehicles, boats, and trailers; not an automobile, salvage or wrecking yard or junk yard or automobile graveyard. |
| Vehicle sales storage lot | A place in which operable vehicles are stored pending sale; not an automobile, salvage or wrecking yard or junk yard or automobile graveyard. An adjunct use to an existing vehicles sales and service use located adjacent. |
| Veterinary clinic | A facility for the provision of surgical or other medical treatment to animals. Such animals may be kept in the facility during the recovery period or while under medical treatment only. |
| Water storage tank | See Public utility, major. |
| Wholesale food processing | See Food processing, wholesale. |
| Wholesale sales | An establishment that sells merchandise in bulk to large scale buyers, usually other businesses, for the purpose of later retail distribution to the resident population, businesses and/or to tourists. |
| Yard | An open space other than a court, on a lot, and unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance. |
| Yard, front | A yard lying between the front lot line and the front building setback line, and extending across the full width of the lot. The front yard depth shall be the minimum distance, measured horizontally, between the front building setback line and the front lot line. |
| Yard measurement | In measuring a yard, the building line shall be deemed to mean a line parallel to the nearest lot line drawn through the point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the building line to the nearest lot line. |
| Yard, rear | A yard lying between the rear lot line and the nearest part of the building not hereinafter excepted, and extending across the full width of the lot. The rear yard depth shall mean the minimum distance, measured horizontally, between any part of the building not specifically excepted and the rear lot line. |
| Yard, side | A yard lying between a side lot line and the nearest part of the building or use not hereinafter excepted, and extending from the front yard to the rear yard, or if there be no front or rear yard, to the front or rear lot lines. Side yard width shall mean the minimum distance, measured horizontally, between any part of the building or use not specifically excepted and the nearest side lot line. |
| Yard/garage sale. | Any sale entitled "garage sale," "yard sale," "barn sale," "lawn sale," or any similar casual, temporary sale of tangible personal property on any portion of a residential lot, as allowed by the use regulations of a zoning district, which is advertised by any means whereby the public at large can be made aware of such sale. Such sales are limited to a period of no more than three consecutive days. |
The following locations within this ordinance contain additional term definitions:
(1)
Additional definitions pertaining to parking lot landscaping are found in Article 5.12: Parking lot landscape and screening requirements.
(2)
Additional definitions pertaining to signs are found in Article 8, Section 8.5: Sign regulations.
(3)
Additional definitions pertaining to lighting are found in Article 6, Section 6.3: Lighting requirements. Additional definitions pertaining to landscape buffering are found in Article 5.9: Buffering requirements.
(4)
Additional definitions pertaining to floodplains are found in Article 4, Subsection 4.12.7: Floodplain overlay district.
(5)
Additional definitions pertaining to steep slopes are found in Article 9: Steep slope standards.
(6)
Additional definitions pertaining to the historic corridor overlay district are found in Article 4.13, Subsection 4.13.3: Historic corridor overlay district—HC.
- DEFINITIONS
For the purpose of this ordinance, certain terms and words are hereby defined:
| TERM | DEFINITION |
|---|---|
| Accessory automated teller machine (ATM) | See Automated teller machine (ATM), accessory. |
| Accessory building | An accessory building is a subordinate building or a portion of the main building, the use of which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this ordinance) located on the same lot as the main building or principal use of the land. |
| Accessory dwelling | See Dwelling, accessory. |
| Accessory dwelling unit | See Dwelling, accessory. |
| Accessory fuel pump | See Fuel pump, accessory. |
| Accessory retail sales | See Retail sales, accessory. |
| Accessory use | An accessory use is one which is clearly incidental to or customarily found in connection with, and (except as otherwise provided in this ordinance) is located on the same lot as the principal use of the premises. |
| Administrator | The zoning administrator of the Town of Purcellville. |
| Adult care center | A nonresidential facility licensed by the Virginia Department of Social Services 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. |
| Agricultural operation | Any operation devoted to the bona fide production of crops, or animals, or fowl, including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silviculture activity. |
| Agricultural products | Any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops. |
| Agriculture/horticulture | The use of land for an agricultural operation and/or the bona fide production or harvesting of agricultural products. This term does not include the above ground application or storage of sewage sludge, the storage or disposal of nonagricultural excavation material, waste and debris if the excavation material, waste and debris are not generated on the farm, or the processing of agricultural products or the products of an agricultural operation, including, but not limited to, the slaughtering or processing of animals. |
| Agricultural tourism | The use of land that involves the operation of recreational and educational activities on farmland or rural properties for the purpose of promoting and showcasing agricultural products, practices, and heritage. This may include activities such as farm tours, agricultural festivals, pick-your-own operations, farm stays, and other similar activities. Agricultural tourism may also include the sale of farm products, such as produce, livestock, and crafts, to visitors. The primary goal of agricultural tourism is to provide an opportunity for visitors to experience and learn about farming and rural lifestyles, while supporting the local agricultural economy. |
| Alley | A public or private way less than 30 feet in width and affording secondary means of access to abutting property. |
| All-weather surface | A surface made of a hard material capable, during ordinary use, of withstanding normal weather conditions without substantial deterioration. Such materials include, but are not limited to: gravel, asphalt, brick, concrete and the like. |
| Alteration | See Structural alteration. |
| Amphitheater | An outdoor area, which may be partially enclosed or covered, devoted to dramatic, dance, musical, or other live performances, although incidental use for private meetings, exhibits, and presentations shall be permitted. |
| Apartment | See Dwelling, apartment. |
| Apartment building dwelling | See Dwelling, apartment building. |
| Assisted living facility | A residential facility, licensed by the Virginia Department of Social Services, in which aged, infirm or disabled persons reside, with one or more resident or nonresident staff persons, which provides or coordinates personal and health care services, 24-hour supervision and general assistance with the activities of daily living for its residents. |
| Attached communications tower | See Communications tower. |
| Attached dwelling | See Dwelling, single-family attached. |
| Auction house | A structure or enclosure where goods are stored with the intent of being sold by auction to the highest bidder. |
| Automated teller machine (ATM), accessory | A mechanized consumer banking device operated by a financial institution for the convenience of its customer located on a lot or within a building containing another use. |
| Automobile, salvage or wrecking yard | A junk yard consisting of that part of a lot not enclosed by a building, which is used for the storage or dismantling of damaged, inoperative, or obsolete vehicles or for the sale of such vehicles or of the salvaged parts therefrom. |
| Automotive service station | See Fueling station. |
| Basement | That portion of a building between the floor and ceiling which is wholly or partly underground and having more than one-half of its height below grade. |
| Bed and breakfast | A building containing a maximum of four guest rooms, having sleeping and eating accommodations where short-term lodging of no more than 14 days is provided, with or without meals, for compensation, and in which meals may be provided to guests only, and which is operated in accordance with all pertinent town code requirements. May be an accessory use within a single-family detached dwelling or single-family detached farmhouse dwelling as allowed by the use regulations of a zoning district. |
| Block | That property fronting on one side of a street or road and lying between two intersecting streets or roads or otherwise limited by a right-of-way, a waterway, an un-subdivided tract or any other physical barrier of such nature as to interrupt the continuity of development. |
| Board | The Board of Zoning Appeals of the Town of Purcellville. |
| Brewery, winery or distillery | A facility wherein the primary use is the making of beer, wine or liquor that is open to the public for tours and tastings. |
| Buffer yard | Land area used to separate one use from another to absorb runoff or shield from dust, noise, lights or other such effects and to provide space for screening, all in accordance with the requirements of this ordinance. |
| Buildable area | The area of that part of the lot not included within the yards or open spaces herein required. |
| Buildable width | The width of that part of a lot not included within the open spaces and yards herein required. |
| Building | Any structure permanently affixed to a lot or lots and having a roof supported by columns or walls, for the housing or enclosure of persons, animals, or property of any kind. |
| Building, completely enclosed | Any building having no outside openings other than ordinary doors, windows, and ventilators. |
| Building, height of | The vertical distance from the average finished grade or from the average level of the finished grade at the front building line, if higher, to the highest point of the coping of a flat roof, or to the deck line or highest point of coping or parapet of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, shed, and gambrel roofs. When the highest wall of a building with a shed roof is within 35 feet of a street, the height of such building shall be measured to the highest point of coping or parapet. |
| Building, main | The principal building or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot. |
| Building setback line | A line within a lot between which line and the street line of any abutting street no building or structure may be erected. |
| Bulk | A term used in this ordinance to describe the size and shape of a building or structure and its relationship to other buildings, to the lot area for a building, and to open spaces and yards. |
| Bus depot and maintenance facility | A facility for the temporary storage and maintenance of public and/or private buses; not an automobile, salvage or wrecking yard or junk yard or automobile graveyard. |
| Bus shelter | A small, roofed structure, usually having three walls, located near a street and designed primarily for the protection and convenience of bus passengers. |
| Car wash | An establishment for the washing and cleaning of automobiles and light trucks or vans; does not include repair services, vehicle storage or sales of convenience goods. |
| Catering | A service facility in which food is prepared and delivered to off-site locations for serving; may be an accessory use to an eating establishment. |
| Cellar | A story entirely underground or partly underground, with at least one-half of its height below grade. |
| Cemetery | Any land or structure used or intended to be used for the interment of human remains, excluding crematories and funeral homes. |
| Child care, commercial | An establishment licensed by the Virginia Department of Social Services which offers care, protection, supervision and/or education outside of a residential dwelling for compensation to six or more children at a time during any 24-hour period, and then only for part of any 24-hour day. A commercial child care establishment shall not be located within a residential dwelling or on a residential lot, but when allowed by the use regulations of a zoning district, such establishment may include a private school or other facility for which the purpose is primarily educational, recreational, or therapeutic treatments as an accessory use. |
| Child care, family day home | A child day program conducted in the residence of the provider or the residence of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. |
| Church or other place of worship | A building or structure, or group of buildings or structures, which are primarily intended for the conducting of organized religious services and accessory uses associated therewith, including any building used for religious services by any denomination; child care and educational uses are not part of the definition of a church unless conducted in conjunction with worship services or as allowed by the use regulations of a zoning district. |
| Clinic, urgent care | An establishment staffed by medical professionals exclusively for short-term treatment of injury or illness where patients are not lodged overnight. |
| Club, private | See Private club. |
| College or university | An institute of higher education authorized or accredited to award advanced degrees, which may include on-site student, faculty and/or employee housing facilities. |
| Commercial child care | See Child care, commercial. |
| Commercial equestrian facility | See Equestrian facility, commercial. |
| Commercial indoor recreation facility | See Recreation facility, commercial indoor. |
| Commission | The Planning Commission of the Town of Purcellville, Virginia. |
| Communications tower or monopole | A structure of skeletal framework or a pole, guyed or self-supporting, used to support antennas. Guy wire, framework and other stabilizing devices are considered part of the structure of the tower. This definition explicitly excludes similar structures of 75 feet in height or less which solely support amateur radio antennas. |
| Communications tower or monopole, attached | A communications tower which is placed on an existing building or other noncommunications structure and increases the height of the existing structure by not more than ten feet. |
| Communications tower or monopole, freestanding | A communications tower which is not attached to another structure. |
| Community or cultural facility. | A facility typically engaged in nonprofit or quasi-public use for a public purpose, such as a community center, cultural center, museums senior center and the like. |
| Community garden | A public facility for the cultivation of fruits, vegetables or flowers by more than one person or family. |
| Commuter parking lot | See Parking lot, commuter. |
| Concept plan | Part of a special use permit application, prepared in accordance with Article 8, Section 1: Special use permit, which may consist of visual and written representation depicting a layout and/or design of a proposed development. Once approved through the legislative process, this document becomes binding on the developer and his successors in interests. |
| Concrete plant | A plant for the manufacture or mixing of concrete, cement and concrete and cement products, including any apparatus and uses incidental to such manufacturing and mixing. |
| Condominium | Real property and any incidentals thereto or interests therein which have been or are to be lawfully established as such under the Virginia Condominium Act. |
| Construction/landscaping equipment and supply sales and service | A retail or wholesale commercial establishment engaged in the sale, rental, service and/or repair from the premises of equipment, goods and materials used during construction and landscaping activities, including, but not limited to: brick, stone, lumber and other wood construction materials, pipes and other plumbing supplies, wiring and other electrical supplies, drywall, carpet and other flooring products, sand, gravel, potting soil, fertilizer, mulch, plants, tools and hardware, motorized construction equipment, motorized lawn and garden equipment, and related equipment and supplies. May include a nursery, greenhouse, and outdoor storage as accessory uses. |
| Contractor's office and storage area | A facility in which a contractor conducts administrative activities, record-keeping, clerical work and other similar functions of the business in conjunction with the storage of vehicles, equipment and supplies for offsite use in the performance of any construction or land development trades; does not include an automobile, salvage or wrecking yard or junk yard or automobile graveyard. |
| Convalescent, nursing or rest home | See Nursing home. |
| Convenience store | A small-scale retail establishment offering for sale a limited line of groceries, beverages, periodicals and other household items intended for the convenience of the passerby. Such establishments may have on-site service of food and drink for immediate consumption. |
| Country inn | A building or set of buildings having sleeping and eating accommodations where short-term lodging of no more than 14 days is provided, with or without meals, for compensation, and in which meals may be provided to guests only, and which is operated in accordance with all pertinent town code requirements. May be an accessory use within a single-family detached dwelling or single-family detached farmhouse dwelling as allowed by the use regulations of a zoning district. |
| Day nursery or child day care center | See Child care, commercial. |
| Decommission of solar energy facilities | The removal and proper disposal of solar energy equipment, facilities, or devices on real property and the reasonable restoration of the real property upon which such solar equipment, facilities, or devices are located, including soil stabilization and revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities or devices (ref: Code of Virginia, § 15.2-2241.2). |
| Density, residential | Unless otherwise specified, the number of dwelling units per gross acre of residential land area, with gross acres including all the land area, including streets, easements, and open space portions of a developed site. |
| Detached single-family dwelling | See Dwelling, single-family detached. |
| Development | Any manmade 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, drilling operations, or storage of equipment of materials. |
| Diameter at breast height (DBH) | The diameter of a tree measured as the circumference of the tree trunk at 4.5 feet above the ground. In the case of multiple trunks, the collective circumstances of all trunks at 4.5 feet above grade will constitute DBH. |
| District | Any section of the Town of Purcellville in which the zoning regulations are uniform and so designated on the zoning district map. |
| Drive-through facility | A portion of a commercial establishment in which patrons do business from their motor vehicles through a window or other remote device or station. |
| Dry cleaning and laundry establishment | An establishment which launders and/or dry cleans articles dropped off on the premises directly by the customer or where articles are dropped off, sorted, and picked up but where laundering or cleaning is done elsewhere. The alteration and mending of clothing items may be conducted as an accessory use. |
| Duplex dwelling | See Dwelling, duplex. |
| Dwelling | A building or portion thereof, designed or used exclusively for residential occupancy, as an independent housekeeping unit, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities, but not including boats, trailers, mobile homes, motor homes, hotels, motels, motor lodges, tourist courts, or tourist homes. |
| Dwelling, accessory | A subordinate dwelling unit in a main building or accessory building as approved by the board of zoning appeals under Article 14, Section 14.1: Board of zoning appeals. This includes servants or caretakers' quarters and guest houses. |
| Dwelling, apartment unit | A part of a building containing cooking and housekeeping facilities, consisting of a room or suite of rooms intended, designed, and used as a residence by an individual or a single family. |
| Dwelling, attached | See Dwelling, single-family attached. |
| Dwelling, detached single-family | See Dwelling, single-family detached. |
| Dwelling, duplex | A structure arranged or designed to be occupied by no more than two families, living independently of each other. The structure having only two dwelling units attached by a common wall side by side or a floor arranged one above the other. The dwelling units shall be joined to each other by an above ground common wall or common floor. A common wall shall extend at least from grade level to the height of the exterior eave of the roof. A common floor shall extend on a horizontal plane to the exterior walls of the dwelling. Each dwelling unit shall have its own exterior entrance or there may be a single exterior entrance to both units through a common entranceway if the units are configured as one unit above the other. |
| Dwelling, apartment building | A building designed for or occupied exclusively by three or more families living independently of each other. |
| Dwelling, single-family | A building designed for or occupied exclusively by one family. |
| Dwelling, single-family attached | A single-family dwelling designed to be sold as a unit but forming one of a group or series of three or more attached single-family dwellings separated from one another by party walls without doors, windows, or other provisions for human passage or visibility through such walls from basement to roof, and having roofs which may extend from one of the dwelling units to another. |
| Dwelling, single-family detached | A single-family dwelling entirely surrounded by a yard or other separation from other main buildings on the same lot or on adjacent lots. |
| Dwelling, single-family detached farmhouse | A single-family dwelling entirely surrounded by a yard and located on or abutting an agriculture/horticulture use occupied by the owner of the land or a tenant whose primary job is running the farm. |
| Dwelling unit | A room or group of rooms occupied or intended to be occupied as separate living quarters by a single-family or other group of persons living together as a household or by a person living alone and having its own permanently installed cooking and sanitary facilities. |
| Eating establishment | An eating establishment is any building in which, for compensation, food or beverages are dispensed for consumption within the structure or in outdoor areas next to the structure, including, among other establishments, restaurants, cafes, cafeterias, tea rooms, and refreshment stands. |
| Equestrian facility, commercial | Horse, donkey or mule facilities utilized as a business, including stables, indoor and outdoor riding rings, paddocks, and other buildings or structures accessory and incidental to the above uses. |
| Equestrian facility, residential | Horse, donkey or mule facilities utilized for personal enjoyment and not as a business, including stables, indoor and outdoor riding rings, paddocks, and other buildings or structures accessory and incidental to the above uses, provided that no more than one such animal shall be kept for each acre of land on the premises. |
| Facade articulation | Facade articulation is a building regulation to be incorporated into the design of a building's facade adjacent to all streets to ensure that buildings contribute to the visual interest and diversity of the surrounding area. Facade articulation shall be measured as a percent of the building's elevation facing any street which protrudes or recedes from the primary plane of the facade by at least two inches. |
| Family |
A group of people living together consisting of:
(a) One or more persons related* by blood or marriage together with any number of natural, foster, step or adopted children, domestic servants, nurses and therapists and no more than two roomers or boarders; or (b) No more than four unrelated persons; or (c) Per Code of Virginia, § 15.2-2291, up to eight individuals residing in a residential facility that suffer from mental illness, mental retardation, or developmental disabilities and have one or more resident counselors or other staff persons. For the purposes of this subsection, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in [Code of Virginia,] § 54.1-3401; or (d) Up to eight individuals residing in a residential facility that are aged, infirm or disabled and have one or more resident counselors or other staff persons. For purposes of this subsection, "residential facility" means any assisted living facility or residential facility in which aged, infirm or disabled persons reside with one or more resident counselors or other staff persons and for which the Department of Social Services is the licensing authority pursuant to this Code. * Persons who are related includes husbands, wives, parents, children, grandparents, grandchildren, brothers, sisters, aunts, uncles, cousins, nephews, nieces (including step or half relationships) as demonstrated by official public records such as government-issued identification, birth or marriage certificates; or by affidavits. |
| Farm and community market | An event in which multiple vendors on a regularly scheduled basis, but no more than two days per week, meet to sell at retail to the public farm produce, food stuffs, art work or handicrafts substantially grown or produced by the seller, members of seller's family or farm laborers employed by seller upon property owned or leased by the seller. |
| Farm equipment and supply sales and service | A retail or wholesale commercial establishment engaged in the sale, rental, service and/or repair from the premises of equipment, goods and materials used in soil preparation and maintenance, the planting and harvesting of crops, and other operations and processes pertaining to farming and ranching, including, but not limited to: farm tools and implements, seed, feed, grain, tack, animal care products, motorized farming equipment, and related equipment and supplies; may include custom milling of grain and feed and outdoor storage as accessory uses. |
| Financial institution | An establishment in which customers frequent the site for the purposes of buying and selling securities, obtaining loans, depositing and withdrawing money, and the like. |
| Fire, rescue or police station. | A facility from which fire, rescue, and/or police vehicles operate and in which they are stored and maintained, and which may include offices and/or transient lodging accommodations for the personnel who staff the vehicles. |
| Firing range, indoor | A facility, contained within a completely enclosed building, used for shooting at targets with rifles, pistols or other firearms which complies with all federal and state regulations for such use. |
| Fitness center | A private fitness establishment which may offer for use aerobic training and/or strength training equipment, saunas, locker rooms and shower facilities and instruction in general health and physical fitness. Such use may provide massages, provided not more than five percent of the gross floor area is used for massages. |
| Floodplain | Any land area susceptible to being inundated by water from any source. (For further definitions pertaining to floodplains, see Article 4, Section 4.12: Floodplain overlay district). |
| Floor area |
(a) Commercial, business, and industrial buildings, or buildings containing mixed
uses: The sum of the gross horizontal areas of the several floors of a building measured
from the exterior faces of the exterior walls or from the centerline of walls separating
two buildings, but not including: (1) attic space providing headroom of less than
seven feet; (2) basement space not used for retailing; (3) uncovered steps or fire
escapes; (4) accessory water towers or cooling towers; (5) accessory off-street parking
spaces; and (6) accessory off-street loading spaces.
(b) Residential buildings: The sum of the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements, and open porches, measured from the exterior faces of the exterior walls. |
| Floor area ratio (FAR) | The gross floor area of all buildings on a lot divided by the lot area. |
| Food processing, retail | A facility in which the preparation, processing, and packaging of food products, but not the slaughtering of animals, occurs in conjunction with the retail sale of such food products for consumption at an off-site location. Examples of activities include bakeries, creameries and confectioneries. |
| Food processing, wholesale | A facility in which the preparation, processing and packaging of food products, but not the slaughtering of animals, occurs for the sale of such food products in bulk to large scale buyers, usually other businesses, for the purpose of later retail distribution to the resident population, businesses and/or to tourists. |
| Free-standing communications tower | See Communications tower. |
| Frontage |
(a) Street (or road) frontage: All of the property on one side of a street or road
between two intersecting streets (crossing or terminating), measured along the line
of the street, or if the street is dead-ended, then all of the property abutting on
one side between an intersecting street and the dead-end of the street.
(b) Lot frontage: The distance for which the front boundary line of the lot and the street or road line are coincident. |
| Fuel pump | A pump for dispensing all forms of gasoline or similar fuel for motor vehicles in one self-contained unit, which may include more than one hose. |
| Fuel pump, accessory | A fuel pump located on the premises of a business and used solely by such business; retail fuel sales to the general resident population are prohibited. |
| Fueling station | Any lot or parcel of land or portion thereof used partly or entirely for the storing, retail sale and dispensing of flammable liquids, combustible liquids, liquefied flammable gas, or flammable gas into the fuel tanks of motor vehicles. Accessory uses of such an establishment may include a convenience store, car wash, and/or building including not more than three interior service stalls where minor maintenance services may be rendered and sales made, such as lubrication, brake repair, muffler replacement, and the like, but not including major mechanical and body work, painting, welding or other work involving noise, glare, fumes, smoke or other impacts to an extent greater than normally found at fueling stations. |
| Full-time management | A member of staff being physically present on the premises at all times when a use is occupied by patrons, responsible for monitoring the premises and enforcing noise and behavioral standards. |
| Funeral home | An establishment used primarily for human funeral services, which may or may not include facilities on the premises for embalming, performance of autopsies or other surgical procedures, and storage of funeral-related supplies and vehicles, but does not include facilities for cremation. |
| Garage, parking | See Parking structure. |
| Garage, private | An accessory building used for storage purposes only and having a floor area of not more than 900 square feet. |
| General retail sales | See Retail sales, general. |
| Government office and assembly room | A facility, owned by and used for administrative, technical or professional office activities of an agency or political subdivision of the United States of America, the Commonwealth of Virginia, a county or a town or city which may include rooms or an accessory building where groups of people gather for a meeting, event or regularly scheduled program. |
| Government operations facility | A facility owned by an agency or political subdivision of the United States of America, the Commonwealth of Virginia, a county or a town or city where vehicles, equipment and supplies necessary for providing government services are stored and maintained; governmental office and assembly room may be included as an accessory use. This use does not include any facilities defined as public utility, major or public utility, minor. |
| Grade | Grade or grade elevation shall be determined by averaging the elevations of the finished ground adjacent to all the corners and/or other principal points in the perimeter wall of the building. |
| Greenhouse | A structure with translucent walls and/or roof used to sprout or grow vegetation for later sale or planting. |
| Green infrastructure | The range of measures that use plant or soil systems, permeable pavement or other permeable surfaces or substrates, stormwater harvest and reuse, or landscaping to store, infiltrate, or evapotranspiration stormwater and reduce flows to sewer systems or to surface waters. |
| Ground floor transparency | The area of glazing or window area on the ground floor facade, located between curb level and the ceiling height of the first occupiable floor, of a building facing a public street or other public areas. |
| Group home | A residential facility, licensed by the Virginia Department of Behavioral Health and Developmental Services, in which no more than eight mentally ill, intellectually disabled or developmentally disabled persons reside, with one or more resident or nonresident staff persons. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401. |
| Guest room | A room which is intended, arranged or designed to be occupied, or which is occupied, by one or more guests paying direct or indirect compensation therefore, but in which no provision is made for cooking. |
| Heritage tree(s) | Any tree or grouping of trees that has been designated by the town council or in the comprehensive plan to have notable historic or cultural interest. |
| Home occupation | An occupation, including any professional, vocational, business, trade and/or personal service, excluding retail sales, conducted by the occupant of a dwelling unit, which is incidental to the primary use of the property as a residence. |
| Hospital | A building or group of buildings, having room facilities for overnight patients, used for providing services for the in-patient medical or surgical care of sick or injured humans, and which may include related facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations. |
| Hotel | A building designed or occupied as a temporary living place for individuals who are, for compensation, lodged with or without meals, and in which provisions may or may not be made for cooking in individual rooms or suites. A hotel may include restaurants, taverns or club rooms, public banquet halls, ballrooms and meeting rooms. A hotel contains a central entrance lobby and does not provide a motor vehicle parking space adjacent to each individual room as does a motel. |
| Impervious surface | A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. |
| Impervious surface ratio (ISR) | Total area of impervious surfaces on a lot divided by the total land area of the lot. |
| Indoor firing range | See Firing range, indoor. |
| Inoperative motor vehicle | Any motor vehicle, trailer, or semi-trailer which has not been in operating condition for a period of 60 days or longer. Such condition is characterized by broken or removed parts, including tires, required for legal operation of the vehicle on public streets, by an expired or missing state inspection sticker, by expired or missing state license plates, and/or by an expired or missing local decal. |
| Junk | Dilapidated and inoperative automobiles, trucks, tractors, and other such vehicles and parts thereof, dilapidated wagons and other kinds of vehicles and parts thereof, discarded appliances, scrap building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, wood scraps, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds or bedding or any other kind of scrap or waste material which is stored, kept, handled, or displayed. |
| Junk yard or automobile graveyard | The use of any area of land lying within 100 feet of a state highway or the use of more than 200 square feet of land area in any location for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials. The term "junk yard" shall include the term "automobile graveyard" as any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind, incapable of being operated, are placed. |
| Kennel | A place prepared to house, board, handle or otherwise keep or care for dogs and other small domestic animals in return for compensation, or any place where more than five adult dogs are kept. |
| Laboratory | A facility used for scientific research, investigation, testing, or experimentation related to natural resources, medical resources, and manufactured materials but excluding the testing of explosives. Facilities for the manufacture or sale of products shall only be allowed when incidental to the main purpose of the laboratory. |
| Laundry | See Dry cleaning and laundry establishment. |
| Laundromat | Commercial retail establishments that provide self-serve washing and drying services. |
| Legacy district | An existing zoning district that is retained to continue implementing the zoning district existing prior to adoption of this zoning ordinance without a future expansion of the district. |
| Library | An institution for the custody, circulation and administration of a collection of books, manuscripts, etc., but not for the sale of such. |
| Light manufacturing | See Manufacturing, light. |
| Lighted sports field | A field for competitive sports, including, but not limited to: baseball, football, lacrosse, and soccer, that is illuminated by any manmade device located outdoors that produces light by any means. |
| Loading space | A space within a building or on the premises providing for the standing, loading or unloading of vehicles. |
| Lot | A parcel of land occupied or intended to be occupied by a main building or groups of main buildings and accessory buildings, together with such yards, lot width and lot areas as are required by this ordinance, and having frontage upon a street or road, either shown on a plat of record or considered a unit of property and described by metes and bounds. Such lot may consist of a single lot of record or a part or combination of one or more lots of record. |
| Lot, corner | A lot abutting upon two or more streets at their intersection where the interior angle of intersection is not greater than 135 degrees. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees. A reversed corner lot is a corner lot that is turned, with reference to an adjoining lot, to front on another street. |
| Lot coverage | That portion of the lot that is covered by buildings and structures. |
| Lot, depth of | The average horizontal distance between the front and rear lot lines. |
| Lot, double frontage | A lot, other than a corner lot, which has a frontage on two streets. |
| Lot line, front | The line separating the lot from a street on which it fronts. On a corner lot, the front shall be deemed to be along the shorter dimension of the lot; and where the dimensions are equal, the front shall be on that street on which a predominance of the other lots in the block front. |
| Lot line, rear | The lot line opposite and most distant from the front lot line. |
| Lot line, side | Any lot line other than a front or rear lot line. |
| Lot of record | A lot shown upon a plan of subdivision or upon a plat attached or referred to in a deed described by metes and bounds in a deed recorded in the clerk's office of the circuit court of the county. |
| Lot width | The horizontal distance between the side lot lines measured at the front building setback line. |
| Machine shop | An establishment where lathes, presses, grinders, shapers, and other wood and metal working machines are used. |
| Major public utility | See Public utility, major. |
| Major transmission lines | See Public utility, minor. |
| Manufactured home | A structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on-site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. |
| Manufacturing, light | The processing or fabrication of certain materials or products where no process involved will produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties. |
| Mini-storage facility | A building, portion of a building, or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property. Accessory uses may include rental of trucks and the storage of recreational trailers/vehicles, campers, luggage trailers, boats and boat trailers and similar recreational equipment. |
| Minor public utility | See Public utility, minor. |
| Modular home | A movable or portable dwelling over 32 feet in length and over 20 feet wide, designed and constructed without a carriage or hitch, as a stationary house constructed for placement upon a permanent foundation, to be connected to utilities, for year-round occupancy. It can consist of one or more components that can be retracted when transported and subsequently expanded for additional capacity, or of two or more units separately transportable but designed to be joined and joined into one integral unit. |
| Multiple-use or mixed-use development | A development shown on a single approved site plan consisting of two or more permitted uses or uses allowed by special use permit in the zoning district within which the development is located. |
| Nature preserve | Sites with environmental resources intended to be preserved in their natural state. |
| Nonconforming lot | An otherwise legally platted lot that does not conform to the minimum area, width or depth requirements of this ordinance for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance. |
| Nonconforming structure | A building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this ordinance, or is designed or intended for a use that does not conform to the use regulations of this ordinance, for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. |
| Nonconforming use | The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to this ordinance. |
| Nursery | An outdoor area for the growing of plants, trees and shrubs for sales and planting off-site. |
| Nursery school | See Child care, commercial. |
| Nursing home | An extended or intermediate care facility, licensed by the Virginia Department of Health, in which nursing services and health-related services are provided on a continuing basis for the treatment and inpatient care of two or more non-related individuals who, by reason of advanced age, chronic illness or other infirmity are unable to care for themselves. |
| Office | A facility in which the administrative activities, record-keeping, clerical work and other similar functions of a business, professional service, medical practitioner, industry, or government are conducted, and, in the case of professions such as lawyers, engineers, dentists, physicians, and the like, the facility where such professional services are rendered. |
| Open space | Land set aside, dedicated and designed to protect natural environmental resources, to serve as a visual amenity, and/or to provide recreational opportunities within a private development or, if owned by the Town of Purcellville or other public agency, within the community at large. Such land shall be primarily naturally vegetated or landscaped, but may include limited paved areas, such as sidewalks, pedestrian plazas, trails, and recreational courts. Such land shall not include streets, driveways, parking areas, structures, above ground public utilities, including storm water management facilities, or other improvements, except as may be approved for recreational or historic preservation purposes in a site plan or subdivision plat. The following are the only three recognized types of open spaces: |
| Open space, common | Open space within or related to a residential development, not within individually owned lots or dedicated for public use or associated with nonresidential or rental apartment uses, that is owned by a non-profit organization as described in Article 7, Section 7.4: Open space for residential properties, and is designed and intended for the common use or enjoyment of the residents of the development. |
| Open space, public | Open space owned by the Town of Purcellville or other public agency and maintained by it for the use and enjoyment of the general public. |
| Open space, private | Open space within a private nonresidential or rental apartment development that is designed and intended for the common use or enjoyment of the occupants of the development. |
| Open space ratio (OSR) | Total area of open space divided by the total site area in which the open space is located. |
| Outdoor storage | An accessory unenclosed area located on an all-weather surface to the rear of the lot where equipment, merchandise, materials, and supplies are stored for more than 24 hours. Outdoor storage shall not be used for the storage of inoperative motor vehicles and junk. |
| Outdoor storage lot | A lot consisting of an unenclosed area located on an all-weather surface adjacent to an existing commercial or industrial use where equipment, merchandise, materials, and supplies are stored for more than 24 hours. Outdoor storage lots are not automobile, salvage or wrecking yards, junk yards or automobile graveyards, or vehicle sales storage lot, as defined in this article. Outdoor storage lots shall not be used for the storage of inoperative motor vehicles and junk. |
| Park | Land used for either or both active and/or passive recreational use. Parks may contain landscaped or naturally vegetated areas, recreational buildings and facilities and parking for vehicles. Public parks are open to the public; access to private parks is controlled by the owners. |
| Parking lot | An all-weather surface not located in a street or alley; containing motor vehicle parking spaces to accommodate customers and/or employees, either with or without charge; and connected with a street or alley by a paved driveway which affords ingress and egress for a motor vehicle without requiring another motor vehicle to be moved. Parking lots shall not be used as outdoor storage lot or vehicle sales storage lot as defined in this article. |
| Parking lot, commuter | A facility designed for short-term parking of vehicles where the occupants of such vehicles transfer to public transit to continue their trips. |
| Parking lot, public | A use consisting of a parking lot constructed of a dust-free, all-weather material containing one or more parking spaces for operable self-propelled passenger vehicles, designed for and available to the general public as an accommodation for patrons, customers or employees, either with or without charge. |
| Parking space off-street | An all-weather surfaced area not in a street or alley and having an area of not less than 162 square feet (nine feet by 18 feet), exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with a street or alley by a paved driveway which affords ingress and egress for an automobile without requiring another automobile to be moved. |
| Parking structure | A structure or portion thereof composed of one or more levels or floors used exclusively for the parking or storage of operable motor vehicles. A parking structure may be totally below grade or either partially or totally above grade with those levels being either open or enclosed. |
| Personal services establishment | Retail personal services such as barber and beauty establishments, optician, seamstress, tailor, and the like. |
| Petroleum, propane, and other flammable liquids, storage, distribution, and sales | A facility that stores more than 15,000 gallons of petroleum, propane and/or other flammable liquids in above-ground and/or below-ground tanks for the eventual distribution to the consumer by means of a fleet of vehicles designed to hold and dispense such liquids. Accessory uses include the parking and storage of the distribution vehicles, the outside or inside storage of propane tanks, and the fueling of propane-fueled vehicles. |
| Petting farm | A collection of farm animals or gentle exotic animals for children to pet and feed. |
| Physical rehabilitation facility | A facility licensed or contracted to provide temporary occupancy and supervision of individuals in order to provide inpatient or outpatient physical rehabilitation services. |
| Playground | A recreational area which is graded and either planted in grass or paved, or a combination of both, which may have play equipment, and which may be lighted or unlighted. Does not include miniature golf grounds, golf driving ranges, mechanical amusement devices or accessory uses such as refreshment stands and equipment sales or rentals. |
| Police station | See Fire, rescue or police station. |
| Porch | A structural part of a building that is enclosed and covered by a roof that is usually separate from the main roof of the structure. A porch is generally associated with an entrance to the structure but also may be a covered and enclosed deck. |
| Premises | A lot, together with all buildings and structures thereon. |
| Printing, publishing and engraving | An establishment providing convenient services for printing or photocopying flyers, brochures, photographs, blueprints and the like, for small scale users. |
| Private club | A facility where the principal purpose is for members of a non-profit organization or group of people organized for a common purpose to meet to pursue common goals, interests and activities, and usually characterized by certain membership qualifications, of fees and dues, regular meetings, and a constitution and bylaws. These clubs and payment organizations may engage in activities consistent with their nonprofit status. |
| Private garage | See Garage, private. |
| Private school | See School, private. |
| Public or government building, facility, or use not otherwise defined | Any facility owned or operated by a public utility or an agency of local, regional, state or federal government and not otherwise defined within this article. |
| Public parking lot | See Parking lot, public. |
| Public recreation facility | See Recreation facility, public. |
| Public school | See School, public. |
| Public utility | A business or service and the facilities and appurtenances thereto, which is engaged in regularly supplying the public with potable water, sanitary sewer, electricity, gas, telephone or cable communications, and other similar public commodities or services. Does not include communications towers. |
| Public utility, major | Public utility, major shall include the following: electric substations and other distribution centers, electrical generating plants and facilities, sewage treatment and disposal facilities, storage facilities for natural gas, oil and other petroleum products, supply yards for any public utility, dial centers, repeater stations, water purifications facilities, microwave facilities, satellite earth stations, water storage facilities and maintenance facilities incidental to any use set forth above. |
| Public utility, minor | Public utilities, minor shall include the following: electric transformer; natural gas transmission facilities; telecommunication facilities (including, but not limited to, exchanges); potable water wells; water and sewer transmission, collection, distribution and metering devices; and water and sewage pumping stations. |
| Public water and sewer system | A water or sewer system owned and operated by a municipality or county, or owned and operated by a corporation approved by the governing body and properly chartered and certified by the State Corporation Commission, and subject to special regulations as herein set forth. |
| Pumping station or regulator station | See Public utility, minor. |
| Radio or television studio | A structure or part thereof, containing studio or office space used for the administrative or technical activities of radio or television broadcasting. |
| Radio, television, telephone or other communication tower | See Communications tower. |
| Recreation facility, commercial indoor | Any enclosed or semi-enclosed establishment operated as a commercial enterprise (open to the public for a fee) in which are conducted recreational, therapeutic or athletic activities, whether or not under instruction, such as but not limited to: tennis, volleyball and other court games; soccer and lacrosse; indoor golf cages, batting cages, bowling alleys, billiards and other games of skill; swimming; gymnastics, dance, miniature golf, cultural activities, martial arts, archery, roller or ice skating, skateboarding, and activities incidental to the foregoing, but not including amusement rides or regular live entertainment. Incidental office, retail, and other commercial uses commonly established in such facilities shall be allowed as long as they are clearly accessory to and only serve the users of the principal facility. |
| Recreation facility, commercial outdoor | Any outdoor area or establishment operated as a commercial enterprise (open to the public for a fee) for the following activities, such as, but not limited to: games and athletics, batting and pitching cages, darts, hard and soft courts, miniature golf, radio-controlled vehicles and airplanes, pony rides, waterslides, cultural activities, martial arts, archery, camping, roller or ice skating rinks, skateboarding, picnicking, boating, fishing, swimming, golf driving ranges, and activities incidental to the foregoing, but not including amusement rides, amusement parks, golf courses, hunting preserves, shooting ranges, theme parks or motor vehicle race tracks. |
| Recreation facility, public | Any facility defined as recreation facility, commercial indoor or recreation facility, commercial outdoor operated by an agency of local, regional, state or federal government. |
| Regulations | The whole body of laws, text, charts, tables, diagrams, maps, notations, references, and symbols, contained or referred to in this ordinance. |
| Residential child care | See Child care, residential. |
| Residential equestrian facility | See Equestrian facility, residential. |
| Retail food processing | See Food processing, retail. |
| Retail sales, accessory | The sale or rental of consumer merchandise to the general resident population and/or to tourists as an Accessory use to an existing use otherwise allowed. |
| Retail sales, general | A business establishment engaged in the sale or rental of consumer merchandise to the general resident population and/or to tourists, including household goods, clothing, appliances, and other such items. Does not include construction/landscaping equipment and supply sales and service or farm equipment and supply sales and service. |
| School | A facility owned by a governmental or private entity that provides a curriculum of early childhood, elementary, secondary and/or collegiate academic instruction, including preschools, kindergartens, elementary schools, junior high or middle schools, high schools and colleges. |
| School, private | A school owned by a non-governmental entity. |
| School, public | A school owned by a governmental entity. |
| School, special instruction | A facility primarily devoted to giving instruction in musical, artistic, scientific or other special subjects, exclusive of a conventional full-day primary or secondary curriculum; includes student learning or tutoring center. |
| School, technical | A facility which primarily provides instruction to adults in vocational and/or business skills. |
| Screening | A method of visually shielding or obscuring one abutting or nearby structure or use from another by use of planted vegetation, fences, walls or berms in accordance with the terms of this ordinance. |
| Service/repair establishment | A business establishment that repairs consumer merchandise, tools or appliances but not motorized vehicles, equipment or machinery. |
| Shopping center | A group of commercial establishments planned, owned, and managed as a total entity with on-site parking, loading areas separated from customer access, unified design, landscaping and signage in accordance with an approved plan. |
| Short-term rental housing | The provision of a room or space that is suitable or is intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for the charge for the occupancy. |
| Sign. | For definitions pertaining to signs, see Article 11: Sign regulations. |
| Sign shop | An establishment that manufactures signage and engages in the retail sale of signs, banners, or similar items. |
| Single-family attached dwelling | See Dwelling, single-family attached. |
| Single-family detached dwelling | See Dwelling, single-family detached. |
| Single-family detached farmhouse dwelling | See Dwelling, single-family detached farmhouse. |
| Single-family dwelling | See Dwelling, single-family. |
| Site plan | A document which is a detailed engineered drawing of the proposed improvements included and required in the development of a given lot, prepared in accordance with Article 11, Section 5: Site plans. For the purposes of this ordinance, a site plan is not to be construed as a concept plan, as required by other provisions of this ordinance. Reference Article 5 of the land development and subdivision control ordinance. |
| Small cell facility | A wireless facility that meets both of the following qualifications, per the Code of Virginia, § 56-484.26: (1) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and (2) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. |
| Solar energy facility, small-scale | A facility which is the real and personal property, together with all equipment and apparatus of personal property, used for the construction and operation of a photovoltaic solar power generation structure as an accessory use for the purpose of collecting, generating, and/or supplying electric energy from solar radiation (i.e., sunlight) for a principal use on the same site. |
| Special event | A temporary indoor or outdoor use, lasting seven consecutive days or less, that extends beyond the normal uses and standards allowed by the zoning ordinance which is intended to or likely to attract substantial crowds and is unlike the customary or usual activities generally associated with the property where the event is to be located. Includes event as defined in Chapter 6: Events of the town Code. |
| Special instruction school | See School, special instruction. |
| Specimen tree | Any tree which has been individually designated by the town council to be notable by virtue of its outstanding size and quality for its particular species. |
| Special use permit | The permit for a use listed as requiring such permit in this ordinance and which may be in a specified district under certain conditions, such conditions to be determined in each case by the terms of this ordinance and by the town council of the Town of Purcellville after public hearing and report by the planning commission in accordance with the procedures specified by this ordinance and applicable state law. |
| Storage warehouse | A use engaged in storage and distribution of goods or materials for sale in a business located on the premises; does not include mini-storage facility. |
| Story | That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between such floor and the ceiling next above it. For the purpose of height measurement for any building other than a detached single-family dwelling a basement shall be counted as a story if its ceiling is over five feet above the level from which the height of the building is measured or if it is used as a separate dwelling unit by other than a janitor or other employee and his family. |
| Story, half | A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior sides are not more than two feet above the floor of such story, provided, however, that any such story used as a separate dwelling unit, by other than a janitor or other employee and his family, shall be counted as a full story. |
| Street (road) | A public or private thoroughfare which affords the principal means of access to abutting properties. |
| Street centerline | The centerline of a street shall mean the centerline thereof as shown in any of the official records of the town or as established by the Virginia Department of Highways and Transportation. If no such centerline has been established, the centerline of a street shall be a line lying midway between the side lines of the right-of-way thereof. |
| Street line (right-of-way line) | The line between a lot, tract or parcel of land and a contiguous street. |
| Structural alteration | Any change in the supporting members of a building or structure, including bearing walls, partitions, columns, beams, girders or similar parts of a building or structure, and any substantial change in the roof of a building. |
| Structure | Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, mobile homes, monopoles, swimming pools, backstops for tennis courts, gazebos, and pergolas. |
| Studio | A structure or part of a structure which serves as the working space for an artist, sculptor, weaver, photographer, writer, dancer, musician, yoga instructor, and the like. |
| Substation | See Public utility, major. |
| Technical school | See School, technical. |
| Temporary food truck/trailer | An accessory use consisting of a licensed, motorized vehicle or trailer, temporarily parked for no longer than three days consecutively or 156 total days within a calendar year, that is a self-contained temporarily parked food service operation, used to store, prepare, display or serve food intended for individual portion service. |
| Temporary stand | A structure or designated area for temporary retail sales of merchandise by a single vendor, including, but not limited to: produce, Christmas trees, fireworks, arts and crafts, previously prepared food, and the like. Does not include eating establishments or temporary food truck/trailer. |
| Theater | A building or part of a building devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances although incidental use for private meetings, exhibits, and presentations shall be permitted. |
| Townhouse | See Dwelling, single-family attached. |
| Transitional housing | A residential facility managed by a government or nonprofit agency which provides temporary accommodations to women, with or without children, for a period of up to two years, and which also may provide meals, counseling, and other appropriate program activities designed to facilitate independent living. |
| Treatment plants | See Public utility, major. |
| Upholstery shop | An establishment that repairs and replaces upholstery to household and office furnishings; does not include motor vehicle upholstering or repair. |
| Urgent care clinic | See Clinic, urgent care. |
| Utility storage yard | A yard area in which materials, equipment and/or vehicles used for construction, excavating or similar activities involved in the construction and maintenance of a public utility system are stored, kept and/or maintained. |
| Variance | A reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the zoning ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the zoning ordinance. Variances do not include a change in use. |
| Vehicle repair, light | Buildings and premises including no more than five interior service stalls, wherein the primary use is the supply and replacement at retail of oil, batteries, tires and motor vehicle accessories, and where in addition, the maintenance and repair services may be rendered and sales made, such as oil changes, chassis lubrication, brake replacement and repair, muffler replacement, washing and polishing and the like. Permissible uses do not include major mechanical and body work, painting, welding, or other work involving noise, glare, fumes, smoke or other impacts to an extent greater than normally found at heavy vehicle repair facilities. |
| Vehicle sales and service | Buildings and premises, including any interior service stalls, wherein the use is the sale, rental, service, and/or repair of automobiles, trucks, recreational vehicles, motorcycles, all-terrain vehicles, boats, and trailers; not an automobile, salvage or wrecking yard or junk yard or automobile graveyard. |
| Vehicle sales storage lot | A place in which operable vehicles are stored pending sale; not an automobile, salvage or wrecking yard or junk yard or automobile graveyard. An adjunct use to an existing vehicles sales and service use located adjacent. |
| Veterinary clinic | A facility for the provision of surgical or other medical treatment to animals. Such animals may be kept in the facility during the recovery period or while under medical treatment only. |
| Water storage tank | See Public utility, major. |
| Wholesale food processing | See Food processing, wholesale. |
| Wholesale sales | An establishment that sells merchandise in bulk to large scale buyers, usually other businesses, for the purpose of later retail distribution to the resident population, businesses and/or to tourists. |
| Yard | An open space other than a court, on a lot, and unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance. |
| Yard, front | A yard lying between the front lot line and the front building setback line, and extending across the full width of the lot. The front yard depth shall be the minimum distance, measured horizontally, between the front building setback line and the front lot line. |
| Yard measurement | In measuring a yard, the building line shall be deemed to mean a line parallel to the nearest lot line drawn through the point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the building line to the nearest lot line. |
| Yard, rear | A yard lying between the rear lot line and the nearest part of the building not hereinafter excepted, and extending across the full width of the lot. The rear yard depth shall mean the minimum distance, measured horizontally, between any part of the building not specifically excepted and the rear lot line. |
| Yard, side | A yard lying between a side lot line and the nearest part of the building or use not hereinafter excepted, and extending from the front yard to the rear yard, or if there be no front or rear yard, to the front or rear lot lines. Side yard width shall mean the minimum distance, measured horizontally, between any part of the building or use not specifically excepted and the nearest side lot line. |
| Yard/garage sale. | Any sale entitled "garage sale," "yard sale," "barn sale," "lawn sale," or any similar casual, temporary sale of tangible personal property on any portion of a residential lot, as allowed by the use regulations of a zoning district, which is advertised by any means whereby the public at large can be made aware of such sale. Such sales are limited to a period of no more than three consecutive days. |
The following locations within this ordinance contain additional term definitions:
(1)
Additional definitions pertaining to parking lot landscaping are found in Article 5.12: Parking lot landscape and screening requirements.
(2)
Additional definitions pertaining to signs are found in Article 8, Section 8.5: Sign regulations.
(3)
Additional definitions pertaining to lighting are found in Article 6, Section 6.3: Lighting requirements. Additional definitions pertaining to landscape buffering are found in Article 5.9: Buffering requirements.
(4)
Additional definitions pertaining to floodplains are found in Article 4, Subsection 4.12.7: Floodplain overlay district.
(5)
Additional definitions pertaining to steep slopes are found in Article 9: Steep slope standards.
(6)
Additional definitions pertaining to the historic corridor overlay district are found in Article 4.13, Subsection 4.13.3: Historic corridor overlay district—HC.
