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Salem City Zoning Code

ARTICLE VI

DEFINITIONS AND USE TYPES

Sec. 106-600.- Definitions.

(A)

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

The specific shall control the general.

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

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

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

The word lot shall include plot or parcel.

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

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

All public officials, bodies, and agencies referred to in this chapter are those of the City of Salem Virginia, unless otherwise specifically indicated.

(B)

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

(C)

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

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

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

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

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

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

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

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

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

Amendment. A modification to this chapter, including the text or associated maps that has been approved by the Salem City Council.

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

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

Base flood. A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of being equaled or exceeded in any given year). Areas including the base flood are depicted as zones AE on the City of Salem's flood insurance rate map (FIRM).

Base flood elevation (BFE). The Federal Emergency Management Agency designated 100 year water surface elevation.

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

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

Board of zoning appeals. The term Board of Zoning Appeals shall refer to the City of Salem Board of Zoning Appeals, also referred to in this chapter as BZA.

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

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

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

Building, front. That portion of a building facing the street of address. The front door shall be provided with orientation to the street on which the lot faces.

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

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

Business entity or unit. A room, a portion of a room, or suite of rooms occupied or capable of being occupied by a proprietorship, partnership, corporation, limited liability company, or other lawful enterprise where any commercial activities are conducted.

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

Certificate of zoning compliance. For the purposes of this chapter, official certification that premises conform to all applicable provisions of the City of Salem Zoning Ordinance and may be lawfully used or occupied.

Channel. A perceptible natural or artificial waterway which periodically or continuously contains moving water confined to a definite bed and banks.

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

Commission. The term Commission shall mean the Planning Commission of the City of Salem, Virginia.

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

Construction, new. Structures for which construction commenced on or after the effective date of this chapter and including any subsequent improvements to such structures.

Construction, start. The date a building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and /or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwellings units or not part of the main structure.

Council. The City Council of the City of Salem, Virginia.

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

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

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

Development. Any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations. Within the Floodplain Overlay District this definition shall also include the storage of equipment or materials.

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

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

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

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

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

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

Flood. A general and temporary inundation of normally dry land areas from:

a.

The overflow of inland waters;

b.

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

c.

Mudslides (i.e., mudflows), which are approximately caused or precipitated by accumulations of water on or under the ground.

d.

The collapse or subsidence of land along a body of water as a result of erosion or undermining caused by water or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a sever storm or by an unanticipated form of nature, such as a flash flood, or by some similarly unusual and unforeseeable even which results in flooding as defined in this section.

Flood, one hundred year. A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one percent chance of occurring each year, although the flood may occur in any year).

Floodway fringe. That area characterized during floods by shallow, slow-moving water and represents a low hazard potential; more specifically, the floodway fringe is that area of the 100-year flood elevations contained in the flood profiles of the flood insurance study adopted by the City of Salem and as shown on the Flood Insurance Rate Map (FIRM) accompanying that study.

Floodplain. (1) A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation; or, (2) an area subject to the unusual and rapid accumulation of run-off or surface waters from any source.

Flood proofing. Any combination of structural and nonstructural additions, changes or adjustments to structure which reduce or eliminate flood damage to real estate or improved real property and water and sanitary facilities, structures and their contents.

Floodway. The stream channel and adjacent land area required to carry off the often fast-moving floodwaters of the base flood and is considered to be an area of high hazard potential; more specifically, the floodway is that certain area of the 100-year floodplain that must be reserved in order to discharge such floodwaters without increasing the water surface elevation of that flood more than one foot at any point. Floodways are defined in Table 2 of the flood insurance study adopted by the city and as shown on the Flood Insurance Rate Map (FIRM) accompanying that study.

Floor area, finished. The sum of the horizontal areas of a building which is intended for human habitation and use and which has a floor to ceiling height of six and one-half feet or greater. Areas excluded from the finished floor area would include unfinished basements and attics, storage and utility rooms, and garages.

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

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

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

Land disturbing activity. Any land change which may result in soil erosion from water or wind and the movement of sediments into State waters or onto lands in the Commonwealth, including, but not limited to, clearing, grading, excavating, transporting and filling of land.

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

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

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

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

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

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

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

Lot, frontage. The horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. On curvilinear streets the arc between the side lot lines shall be considered the lot frontage.

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

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

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

Lot, width of. The average horizontal distance between all side lot lines measured at a right angle, and at the midpoint of each side lot line.

Lot of record. A lot whose existence, location, and dimensions have been legally recorded or registered in a deed or on a plat in the Clerk's office of the Circuit Court of the City of Salem.

Lowest floor. The lowest enclosed area, including basement, of any structure. An unfurnished or flood-resistant enclosure usable solely for the parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this division.

Modular home. A dwelling unit manufactured off-site and transported to the building site for final assembly on a permanent foundation. Such units shall be comprised of a combination of one or more sections or modules, as more fully defined in the Code of Virginia, Title 36, as amended, and incorporated herein by reference, including the necessary electrical, plumbing, heating, ventilating and other service systems. Such units may also be known as industrialized buildings.

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

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

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

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

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

Not-for-profit. An organization or activity which has obtained nontaxable status from the U. S. Internal Revenue Service.

Off-street parking area. Space provided for vehicular parking outside the dedicated street right-of-way.

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

Open space, common. Land within or related to a development, not individually owned or dedicated for public use, which is intended for the common use or enjoyment of the residents of the development and may include such complementary structures as are necessary and appropriate.

Open space may include, recreation centers, playgrounds, swimming pools, tennis and basketball courts, and similar facilities.

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

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

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

Permanent foundation. For the purposes of a modular home, a permanent foundation shall consist of a continuous solid or fully grouted masonry or concrete footing that shall fully support the exterior walls. A crawlspace, slab on grade, and basement foundations shall be considered permanent foundations. Pier and ground anchor support systems shall not be considered a permanent foundation.

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

Principal building or structure. A building or structure in which the primary use of the lot on which the building is located is conducted.

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

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

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

Public water and sewer systems. A water or sewer system owned and operated by:

(1)

A municipality or county; or

(2)

A private individual or a corporation approved and properly licensed by the State Corporation Commission prior to the adoption date of this chapter; and meeting the requirements of the State Health Department and/or Virginia Department of Environmental Quality.

Recreational vehicle. Recreational vehicle means a vehicle which is (1) built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projections; (3) designed to be self-propelled or permanently towable by a light-duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreation camping, travel or seasonal use.

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

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

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

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

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

Special exception. A use with operating and/or physical characteristics different from those uses permitted by right in a given zoning district which may, nonetheless, be compatible with those by-right uses under special conditions and with adequate public review. Special Exceptions are allowed only at the discretion and approval of the Salem City Council following review and recommendation by the Salem Planning Commission.

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

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

Street. Any vehicular way which: (1) is an existing state or municipal roadway: or, (2) is shown on a plat approved pursuant to law; or, (3) is approved by other official action. The term street shall include road, and highway. Unless otherwise indicated, the term street shall refer to both public and private streets.

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

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

Substantial improvement. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not however, include either any project for improvement for a structure to comply with existing state or city health, sanitary or safety code specifications which are solely necessary to assure safe living condition, or any alteration of a structure listed on a national, state, or local historic register.

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

Use not provided for permit. A permit authorizing a land use that is not listed as a permitted use by right or by special use in any zoning district provided for in this chapter. Use Not Provided for Permits are allowed only at the discretion and approval of the Salem City Council following review and recommendation by the Salem Planning Commission.

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

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

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

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

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

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

Zoning administrator. The Zoning Administrator of the City of Salem Virginia, or an authorized agent thereof, also referred to in this chapter as the administrator.

(Ord. of 3-14-05(2); Ord. of 12-12-05(7); Ord. of 4-9-2018(3); Ord. of 2-11-2019(1); Ord. of 12-11-2023(2))

Sec. 106-602. - Use types.

(A)

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

(B)

In the event of any question as to the appropriate use type of any existing or proposed use or activity, the administrator shall have the authority to determine the appropriate use type. In making such determination, the administrator shall consider the operational and physical characteristics of the use in question and shall consider the classification contained in the most recent edition of the North American Industry Classification System Manual published by the U.S. Office of Management and Budget. In addition, the administrator shall consider the specific requirements of the use in common with those included as examples of use types. Those examples, when included in use type descriptions, are intended to be illustrative, as opposed to exclusive lists. The administrator may also determine that a proposed use or activity is sufficiently different from any use type listed below and will require an amendment to the text of this chapter or the issuance of a use not provided for permit by the City of Salem Council.

(C)

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

(D)

A determination of the administrator may be appealed to the board of zoning appeals pursuant to the procedures for administrative appeals outlined in this chapter.

(Ord. of 3-14-05(2); Ord. of 4-9-2018(3))

Sec. 106-602.1. - Agricultural use types.

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

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

Agritourism. Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions.

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

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

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

(Ord. of 3-14-05(2); Ord. of 6-25-2012(2); Ord. of 1-23-2017(2))

Cross reference— Animals, ch. 14.

Sec. 106-602.3. - Residential use types.

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Accessory apartment. A second dwelling unit within a detached single family dwelling which is clearly incidental and subordinate to the main dwelling unit.

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

Home occupation. An accessory use of a dwelling unit for gainful employment involving the production, provision, or sale of goods and/or services.

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

Manufactured home, accessory. A manufactured home that is subordinate to a single family dwelling on a single lot and meets the additional criteria contained in this chapter.

Manufactured home, emergency. A manufactured home used temporarily for the period of reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or other act of nature, or used temporarily as housing relief to victims of a federally declared disaster in accordance with the provisions of this chapter.

Manufactured home subdivision. A ten acre or larger community of manufactured home dwellings with lots that are subdivided for individual ownership.

Manufactured home park. A ten acre or larger tract of land intended to accommodate a manufactured home community of multiple spaces for lease or condominium ownership. A manufactured home park is also referred to as a mobile home park.

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

Residential human care facility. A building (1) used as a group home where not more than eight mentally ill, mentally retarded or other developmentally disabled persons, not related by blood or marriage, reside, with one or more resident counselors or other staff persons and for which the Virginia Department of Behavioral Health and Developmental Services is the licensing authority, pursuant to Virginia Code § 15.2-2291, or (2) used as a group home where not more than eight aged, infirm or disabled persons, not related by blood or marriage, 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 § Virginia Code § 15.2-2291(B). Excluded from this definition are drug or alcohol rehabilitation centers, half-way houses and similar uses.

Short-term rental. The provision of a room or space within a residential dwelling unit that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.

Single family dwelling. A site built or modular building designed for or used exclusively as one dwelling unit for permanent occupancy.

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

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

Temporary family health care structure. A transportable residential structure providing an environment facilitating a caregiver's provision of care for mentally or physically impaired person that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square feet, (iv) complies with the applicable provisions of the Industrialized Building Safety Law and the Uniform Statewide Building Code, and (v) is not placed on a permanent foundation. For purposes of this definition "caregiver" and "mentally or physically impaired person" are as defined in § 15.2-2292.1 of the Code of Virginia.

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

Two family dwelling. The use of an individual lot for two dwelling units which share at least one common wall, each occupied by one family.

(Ord. of 3-14-05(2); Ord. of 3-14-2011(1); Ord. of 3-14-2011(2); Ord. of 2-11-2019(1); Ord. of 12-11-2023(2))

Sec. 106-602.5. - Civic use types.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

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

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

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

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

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

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

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

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

Educational facilities, college/university. An educational institution authorized by the Commonwealth of Virginia to award associate, baccalaureate or higher degrees.

Educational facilities, primary/secondary. A public, private or parochial school offering instruction at the elementary, junior and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the Commonwealth of Virginia.

Guidance services. A use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance or therapy for only part of a 24 hour day. This use type shall not include facilities that dispense and/or administer controlled substances and/or pharmaceutical products for the treatment of drug addiction and substance abuse and/or mental health disorders. Non-medicinal counseling-based treatment of drug addiction and substance abuse and/or mental health disorders may be considered guidance services after review by the administrator. Facilities that do dispense and/or administer controlled substances and/or pharmaceutical products for the treatment of drug addiction and substance abuse and/or mental health disorders shall be considered an Outpatient mental health and substance abuse clinic.

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

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

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

Park and ride facility. A publicly owned, short-term, parking facility for commuters.

Post office. Postal services directly available to the consumer operated by the United States Postal Service.

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

Public maintenance and service facilities. A public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment services centers, and similar uses having characteristics of commercial services or contracting or industrial activities.

Public parks and recreational areas. Publicly-owned and operated parks, picnic areas, playgrounds, indoor or outdoor athletic facilities, greenways and open spaces.

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

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

(Ord. of 3-14-05(2); Ord. of 6-14-2021(4))

Sec. 106-602.7. - Office use types.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

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

Medical office/clinic. A facility used for human health care of the body, such as medical, dental, therapeutic, chiropractic or similar consultation, diagnosis, and treatment by one or more practitioners licensed by the Commonwealth of Virginia. Medical offices/clinics provide outpatient care on a routine basis, and may offer minor surgical care, but do not provide overnight care or serve as a base for an ambulance service.

Outpatient mental health and substance abuse clinic. An establishment which provides outpatient services primarily related to the diagnosis and treatment of mental health disorders, alcohol, or other drug or substance abuse disorders. Services include the dispensing and administering of controlled substances and pharmaceutical products by professional medical practitioners licensed by the Commonwealth of Virginia.

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

(Ord. of 3-14-05(2); Ord. of 9-13-2010(5); Ord. of 6-14-2021(4))

Sec. 106-602.9. - Commercial use types.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult business. Any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matters relating to specified sexual activities or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons, and as such terms are defined in Chapter 58 of this Code.

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

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

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

Athletic instruction services. Establishments primarily engaged in providing indoor instruction and training in athletic sports that require high ceiling heights for the activity. Typical uses include gymnastics academies, baseball and softball training centers, tennis centers and golf centers.

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

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

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

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

Automobile rental/leasing. Rental of automobiles and light trucks and vans, includ ing incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas.

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

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

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

Campgrounds. Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles and/or tents.

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

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

Commercial indoor entertainment. Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, and concert or music halls.

Commercial indoor sports and recreation. Predominantly non-instructional participant-based uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, swimming, and/or tennis facilities.

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

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

Communications services. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded from this use type are facilities classified as Utility Services - Major or Towers. Typical uses include television studios, telecommunication service centers, telegraph service offices or film and sound recording facilities.

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

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

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

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

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

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

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

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

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

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

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

Homestay inn. A dwelling in which not more than five bedrooms are provided for overnight guests for compensation, on a daily or weekly basis, with or without meals. The owner or the owner's agent shall reside on the same parcel occupied by the homestay inn. A homestay inn may also be known as a bed and breakfast.

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

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

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

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

Manufactured home sales. Establishments primarily engaged in the display, retail sale, rental, and minor repair of new and used manufactured homes, parts, and equipment.

Massage parlor. Establishments having a fixed place of business where any person other than a massage therapist, as licensed by the Virginia Board of Nursing, administers or gives any kind or character of massage, manipulation of the body or other similar procedure. Massage therapy as licensed by the Virginia Board of Nursing shall be considered a personal service. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a duly licensed physician, surgeon, physical therapist, chiropractor, osteopath, or a barber shop or beauty salon in which massages are administered only to the scalp, the face, the neck, or the shoulders, or an exercise club where massage is performed by a person of the same sex as the subject of the massage.

Microbrewery. An establishment engaged in the production of beer with a significant commercial component, such as a restaurant or retail store.

Microdistillery. An establishment engaged in the production of spirits with a significant commercial component, such as a restaurant or retail store.

Owner's agent. A person who manages a homestay inn and whose primary residence and domicile shall be on the same parcel as the homestay inn.

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

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

Personal improvement services. Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness centers (excluding athletic instruction services), reducing salons, dance studios, handicraft and hobby instruction.

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

Recreational vehicle sales and service. Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories.

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

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

Retail sales, smoke shop. Establishments for the sale of tobacco, nicotine, and hemp products, as defined in Code of Virginia, § 15.2-912.4, as amended, including paraphernalia, cigar and hookah products.

Short-term lender. Establishments primarily engaged in short-term lending such as payday loans, car title loans, and refund anticipation loans.

Studio, fine arts. A building, or portion thereof, used as a place of work by a sculptor, artist, or photographer.

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

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

(Ord. of 3-14-05(2); Ord. of 10-9-06(2); Ord. of 11-23-09; Ord. of 2-7-2013; Ord. of 1-25-2016(1); Ord. of 1-23-2017(2); Ord. of 8-14-2017(1); Ord. of 10-28-2024)

Sec. 106-602.11. - Industrial use types.

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

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

Brewery. An establishment primarily engaged in the production of beer for distribution.

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

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

Distillery. An establishment primarily engaged in the production of spirits for distribution.

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

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

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

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

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

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

Meat packing and related industries. The processing of meat products and byproducts directly from live animals or offal from dead animals.

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

Recycling centers and stations. A receptacle or facility used for the collection and storage of recyclable materials designed and labeled for citizens to voluntarily take source separated materials for recycling.

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

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

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

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

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

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

(Ord. of 3-14-05(2); Ord. of 1-25-2016(1); Ord. of 1-23-2017(2))

Sec. 106-602.13. - Miscellaneous use types.

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

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

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

Mixed use. Mixed use is a single building or parcel wherein multiple uses such as residential and commercial share space.

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

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

Shooting range, outdoor. The use of land for archery and the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. Excluded from this use type shall be general hunting, and the unstructured and nonrecurring discharging of firearms on private property with the property owner's permission if in compliance with the Code of the City of Salem.

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

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

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

(Ord. of 3-14-05(2); Ord. of 3-10-08(4); Ord. of 1-23-2017(2))