Accessory Building or Structure. A building used for purposes customarily incidental to and clearly subordinate to the use of the lot on which it is located or on a contiguous lot. Size may not be greater than the residence in the residential zone.

Accessory Use. A use of land or use of a building for purposes customarily incidental to and clearly subordinate to the use of the lot on which it is located.

Adult Book Store and Adult Video Store. An establishment which has more than 15 percent of the total floor area utilized for the display of books, magazines, periodicals, films, videos or similar printed materials and which, with respect to the entire premises or a portion or a section of the premises, limits its customers to persons over 18 years of age, or as one of its principal business purposes offers for sale, rental, or viewing for any form of consideration any one or more of the following: Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities" as defined in Article 10.

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

Adult Entertainment Establishment. A restaurant, nightclub, private club, or similar establishment which features, on a regular basis, live performances involving persons who are nude or seminude. Seminude shall mean less than completely and opaquely covered pubic region, buttocks, or female breasts below a point immediately above the top of the areolae, excepting any portion of the cleavage of the female breast exhibited by a dress, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae are not exposed, but under no circumstances less than completely covered genitals, anus, or areolae of the female breast. Any establishment that features such performances more than one day in a 30-day period shall be deemed to be an adult entertainment establishment.

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

Adult Model Studio. Any establishment open to the public where, for any form of consideration or gratuity, figure models who display "specified anatomical areas" are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity.

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

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

Adult Retail Store. An establishment that sells instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

Adult Use. Any adult bookstore, adult video store, adult entertainment establishment, adult motion picture theater, adult mini-motion picture theater, adult motion picture arcade, adult model studio, adult drive-in theater, or massage parlor as defined herein. Also included are establishments that sell instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

Agricultural Equipment Sales and Service. Any establishment with the primary purpose of selling, cleaning, or repairing farm machinery.

Agriculture. Any use of the land, involving the following activities: the tilling of soil, the cultivation of crops, keeping and raising of livestock, animal and fowl husbandry, groves and nurseries for growing trees and other plants, horticulture, floriculture, viticulture, aquaculture, and forestry; and including incidental processing, storing and selling of products raised and produced on the premises, and including all structures, machinery and activities necessary to support such uses. Excludes commercial greenhouse, commercial slaughterhouse, commercial stables, and fruit packing operations which are defined separately.

Airport. Any area of land or water used or intended for landing or takeoff of aircraft including appurtenant area used or intended for airport buildings, facilities, as well as right-of-way together with the buildings and facilities.

Animal Clinic. An establishment where animals such as dogs, cats, other small pets, and livestock are provided medical or surgical treatment. Includes the terms animal and veterinary hospital.

Antique/Craft Shop. A retail business dealing in the sale of items of antique furniture, pottery, paintings or similar items and locally produced or imported hand crafted items.

Arena. A privately owned compound or complex where spectator events or competitions are staged.

Auction House. A building where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other. Open-air auctions are not included in this definition.

Auditorium. An open, partially enclosed, or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions, and other public gatherings. Typical uses include convention and exhibition halls, sports arenas, and amphitheaters.

Auto Body Shop. An establishment in which damaged vehicles are repaired or painted for a fee.

Automobile Graveyard. Any area outside of a completely enclosed building used for the storage, keeping, or parking of three or more motor vehicles, unlicensed or incapable of being operated. Farm use vehicles are excluded.

Automotive Sales. The use of any building, land area or other premise for the display and sale of new or used automobiles, trucks or vans, or trailers, including any warranty repair work or other repair service conducted as an accessory use.

Automotive Sales and Service. The combination of a use involving both automotive sales and automotive servicing and parts as defined herein.

Automotive Servicing and Parts. The use of any building, land area or other premise for the sale and installation of parts such as tires, batteries, mufflers, and brakes; routine maintenance such as oil change and lubrication; or other incidental repair; but excludes the outdoor storage of damaged vehicles and an auto body shop.

Bed and Breakfast Inn. A dwelling, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises.

Boardinghouse. A building where, for compensation, lodging and meals are provided for at least five and up to 14 persons.

Brewery. A facility that produces and sells more than 10,000 barrels of ales, beer or other malt liquors per year (as defined within §4.1-100, Code of Virginia, as amended), and which requires a license from the Virginia Department of Alcoholic Beverage Control. For the purposes of this definition, a barrel shall mean a container designed to hold 31 gallons.

Broadcasting/Radio or Television Station. A broadcasting facility licensed by the Federal Communications Commission, which may include transmitting and receiving equipment, studios, offices, utility buildings, and other necessary accessories needed to operate the facility.

Building. A combination of any materials, whether portable or fixed, having a roof or other cover to form a structure for the use or occupancy by persons or property.

Building, Principal. A building in which is conducted the principal use of the lot on which it is located.

Call Center and/or Data Processing Facility. An establishment in which office space is used for in-bound and out-bound telephone calls and/or computer data records related to sales or customer service information for private business or government operations.

Campground. An area or tract of land on which accommodations for temporary occupancy are located or may be placed, including cabins, tents, and recreational vehicles, and which is primarily used for recreational purposes.

Campground and Recreational Vehicle Park. The combination of a use involving both campground and recreational vehicle park as defined herein.

Catering Facility. An establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for consumption.

Child Day Center. A facility for the provision of temporary custodial oversight and care of six or more minor children and/or adults licensed by an agency of the state government to provide such care, the daily operation of which shall be less than 24 continuous hours but which may provide such care seven days per week unless otherwise restricted. Where permitted pursuant to this chapter, child day centers may be undertaken as a permitted main use, as an accessory to a permitted main use or as a home occupation where permitted pursuant to the provisions of this chapter. No child day center shall be contained within a manufactured home as defined in this section.

Commercial Bus Station. Facility for the pick-up and discharge of passengers and freight for buses; includes ticket sales and may include administrative offices.

Commercial Bus Terminal. A facility which includes equipment and garage for the maintenance, storage, and refueling of buses.

Commercial Greenhouse. A commercial establishment where a glassed or transparent enclosure is used for the cultivation of plants for on-site retail sales to the general public. Definition excludes greenhouses that are associated with active farm operations that are under the definition of agriculture.

Commercial Stables. An establishment where horses are kept for commercial use; including boarding, show, and hire or sale.

Communication Tower. A structure, which is primarily intended to support communication equipment for telephone, radio, and similar communication purposes. The term does not include towers utilized by amateur radio operators not licensed by the Federal Communications Commission (FCC).

Community Center. A structure or area used for fraternal, social, cultural, and/or recreational programs generally open to the public and designed to serve significant segments of the local community.

Construction Sales and Service. Any establishment involved in the sale of building materials including hardware, plumbing, and lumber supplies, or the sale of building construction services for the erection or repair of structures.

Convenience Store or General Country Store. Any retail establishment offering for sale food products, beverages, household items, and other goods commonly associated with the same, including gasoline sales as a secondary activity, and having a gross floor area of less than 5,000 square feet.

Country Inn. See definition under "lodge."

Decommissioning. The removal and proper disposal of equipment, facilities, or devices on real property, including restoration of the real property upon which equipment, facilities, or devices are located. Restoration of the real property shall include soil stabilization, and revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices.

Distillery. A facility that typically produces more than 5,000 gallons per year of distilled alcoholic beverages or spirits (as defined within §4.1-100 of the Code of Virginia, (1950), as amended), and may include the intake of grains, fruits, sugars, or other products, their fermentation, distilling, aging, and bottling. Products may include liquors, liqueurs, brandies, etc. Such facilities may include a tasting room or retail space to sell the products to patrons on site.

Dwelling, Accessory. A second dwelling unit attached or detached on a premises occupied by a single-family residence such as a garage apartment; or a dwelling unit on a premises occupied by a commercial establishment when the commercial building is the primary use. The accessory dwelling unit shall not be in excess of 1,000 square feet in size. A manufactured home is not an accessory dwelling unit.

Dwelling, Multi-Family. A building which contains three or more dwelling units. Also known as apartment building, but term does not include townhouse which is defined separately.

Dwelling, Single-Family. A building that is completely separated from any other main building and which contains only one dwelling unit.

Dwelling, Two-Family. A building that contains two dwelling units. Also known as a "duplex."

Dwelling, Unit. A room or group of rooms within a building and constituting a separate and independent housekeeping unit occupied or intended for occupancy by one family and containing kitchen, sleeping and sanitary facilities.

Ecotourism. The use, for commercial purposes or by organizations exempted from taxation by Internal Revenue Code section 501(c)(3), of property for activities conducted in a natural woodland, water, mountain, field or other similar natural setting, including but not limited to ziplines, rope courses, geo-caching, orienteering, rock climbing, rappelling, trails for walking/running/equestrian use, fishing, kayaking, spelunking, and canoeing. A written narrative and site plan shall be submitted with any zoning application for proposed ecotourism for review and determination of whether the proposed use is minor ecotourism, major ecotourism, or commercial recreation.

Ecotourism, Major. All ecotourism other than minor ecotourism.

Ecotourism, Minor. Ecotourism that meets the following limitations: requires no more than two structures, which may be used for functions such as restroom facilities, concessions, ticket sales, storage, or other such uses associated with the ecotourism activity; with total square footage of such structures in combination not to exceed 3,000 square feet.

Eldercare Center. A facility operated for providing care to a group of elderly persons during part of the day only and meeting the licensing requirements under the Code of Virginia, 1950, as amended.

Electric Generating or Booster Facilities. A major public utility structure with associated equipment that generates electrical power or assists in the transmission of power, including power substations and high voltage electric towers. Does not include public utility lines for local distribution.

Emergency Communications Network Tower (ECN). A communications tower which support(s) an Emergency Communications Network operated by a Governmental Entity.

Entertainment Establishment. Privately owned facilities designed for entertainment such as a dinner theatre, opera, symphony or musical groups.

Event Center. A location, which may include on-site kitchen/catering facilities, where indoor and outdoor activities such as weddings, receptions, banquets, and other such gatherings are held by appointment.

Family. One or more persons related by blood, marriage, or adoption, including foster children, or not more than five unrelated persons occupying a single dwelling unit. The term does not include a fraternity, sorority, club, or group of persons occupying a hotel, motel, boardinghouse, or institution of any kind.

Family Day Home. A single-family dwelling in which children under the age of 13 are received for care, protection and guidance during only part of a 24-four hour day. Individuals related by blood, legal adoption or marriage to the person who maintains the home shall not be counted towards this total.

(1)

The care of five or fewer children for portions of a day shall be considered a "home occupation" and no conditions more restrictive than either Smyth County Zoning Ordinance Section 10-35 or those imposed on residences occupied by persons related by blood, marriage or adoption shall be imposed. (Please note this requirement will be change to "four or fewer children" by Virginia State Code provisions mandated and effective July 1, 2016.)

(2)

The care of six through 12 children shall require notification by registered mail to adjacent property owners for an opportunity to object to the issuing of a permit. The applicant is required to pay for the cost of the certified mailing which shall be handled by the Zoning Administrator's office. If no objections are made within 30 days, the Zoning Administrator may issue a permit. If a permit is denied, a public hearing may be requested and the local governing body may, in its discretion, approve or deny the permit.

Feed and Seed Store. A facility engaged in storing and processing for retail sales of livestock food items and agricultural seed items used for production of food items for both human and animal consumption.

Flea Market. An occasional or periodic sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used for sale to the public.

Forestry Operations, Permanent. The use of land for planting, management and harvesting of timber resources, which includes but is not limited to log yards, mulch production, and composting.

Forestry Operations, Temporary. The use of land for planting, management and harvesting of timber resources, but does not include a stationary sawmill as defined herein. This may include the use of portable sawmills and chippers on site as a temporary use.

Fruit and/or Vegetable Packing Plant. A building used for the preparation and process of fruits and vegetables for shipment or storage and sales.

Game Room. A facility containing a variety of lawful arcade components for pinball, air hockey, billiards, checkers and similar games.

Garage. A deck, building, or parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

General Country Store. See definition under "convenience store."

Group Care Facility. A residential facility or dwelling unit housing persons unrelated by blood, marriage, adoption, or guardianship, including congregate homes and group care homes,

(a)

Congregate home. A group care facility providing accommodation and supervision to more than five individuals where medical care is not a major element and including homes for orphans, foster children, veterans, the elderly, pregnant teenagers, nonresident families of hospitalized patients, mentally handicapped, or similar uses.

(b)

Group care home. A group care facility in which more than eight mentally ill, mentally retarded, or developmentally disabled persons reside with one or more resident counselors or other staff persons.

Group Home. A residential facility in which no more than eight mentally ill, mentally retarded, or developmentally disabled persons reside, with one or more resident counselors or other staff persons, as residential occupancy by a single-family. 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 Virginia State Code § 54.1-3401. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection, "residential facility" means any group home or other residential facility for which the Department of Mental Health, Mental Retardation and Substance Abuse Services is the licensing authority pursuant to State Code.

Health/Fitness Club. An indoor facility including uses such as game courts, exercise equipment, locker rooms, jacuzzi, and/or sauna or pro shop. Health club means, but is not limited to, gymnasiums, private clubs, and weight control establishments.

Home Occupation. An occupation, profession, activity, or use that is clearly an incidental and secondary use of a residence, and shall meet the following requirements:

(a)

No person other than members of the family residing on the premises shall be engaged in such occupation;

(b)

A home occupation may be conducted in any accessory building located on the same lot if clearly incidental to the dwelling unit;

(c)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street or in a rear or side yard.

The term "home occupation" includes the operation of a family day home, a child day center, and a family day care establishment, as defined by the Code of Virginia, 1950, as amended. The term does not include the repair, rebuilding, maintenance, sales or storage of motor vehicles, or similar activities.

Hunting Club. A parcel of land with or without a building used for the purpose of organized sportsmanship in the act or practice of pursuing and taking wild animals.

Incineration Facility. A permitted facility to reduce the volume of solid wastes, extracting in some cases energy in the form of steam, heat, or electricity, and disposing the remaining ash in solid waste land filling facility.

Junkyard. The use of any area of land for the location or the storage, keeping, or abandonment of discarded materials, including scrap metals, building materials, machinery, household appliances, furnishings, fixtures, or motor vehicles or parts thereof. The term "junkyard" includes automobile, mobile home, and manufactured home graveyard, but does not include landfill or garbage dump.

Kennel. An establishment prepared to house, board, breed, handle, or otherwise keep or care for dogs, cats, or other small animals for sale in return for compensation.

Laboratory—Medical, Analytical. A facility for testing, analysis, and/or research. Examples of this use include medical labs, soils and materials testing labs, and forensic labs.

Landfill. A sanitary landfill, an industrial waste landfill, or a construction, demolition or debris landfill, as defined by the Virginia Waste Management Board, and which no event shall accept or be used for the disposal of any hazardous or infectious wastes, materials, or substances as defined under said regulations.

Library. A facility containing books and instruments of educational, historical and medical information available for public use.

Light Manufacturing. Manufacturing activities that do not occupy a building of more than 15,000 square feet, do not employ more than 15 employees, have no exterior storage outside of an enclosed screening, which screening prohibits visibility from adjacent or neighboring properties, and do not require air pollution control emission or wastewater pre-treatment permits.

Livestock Market. A commercial establishment wherein livestock is collected for sale and auctioned off.

Lodge or Country Inns. A facility offering overnight accommodations as a destination point for visitors and providing additional services such as a restaurant, meeting rooms and recreational facilities.

Lot. A parcel of land occupied or intended for occupancy by buildings, or uses permitted by the provisions of this Ordinance, together with such area, yards and other open spaces as are required by this Ordinance. The term "lot" includes the terms "tract" and "parcel" and may consist of a single lot of record, a combination of contiguous lots of record, or a unit of land described by metes and bounds.

Lot Line(s). The perimeter or connection(s) of datum lines which establish the boundary of a piece of property and are set out in an officially recorded deed of ownership.

Lot of Record. A lot that has been legally recorded in the Clerk's Office of the Circuit Court with a surveyed plat, a written metes and bounds description, or an existing description of record.

Machinery Sales and Service. A facility engaged in the sale, repair and/or periodic maintenance of industrial or production related equipment such as boring machines, hydraulic presses, etc.

Manufactured Home. Any structure complying with the Federal Manufactured Housing Construction and Safety Standards or meets the requirements of the Commonwealth of Virginia for non-certified industrialized buildings as set out in § 13-VAC-5-91-120, or amendments thereto, and 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 system contained in the structure.

Manufactured Home Park. A site, lot, or tract of land equipped to accommodate four or more manufactured homes for dwelling purposes.

Massage Parlor. Any establishment, whether private or public, operated as a massage salon, bath parlor or similar type of business where any physical or mechanical contact is made to a recipient's body by another person or mechanical device for the purpose of massaging or stimulating the recipient's body.

Meat Processing Facility. A building where game or domestic animals are killed and/or processed and meets state or federal standards.

Medical Care Facility. Any institution, place, building or agency, whether or not licensed or required to be licensed by the Board or the State Mental Health, Mental Retardation and Substance Abuse Services Board, whether operated for profit or nonprofit and whether privately owned or privately operated or owned or operated by a local governmental unit, (i) by or in which health services are furnished, conducted, operated, or offered for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, whether medical or surgical, of two or more non-related mentally or physically sick or injured persons, or for the care of two or more non-related persons requiring or receiving medical, surgical or nursing attention or services as acute, chronic, convalescent, aged physically disabled or crippled or (ii) which is the recipient of reimbursements from third-party health insurance programs or prepaid medical services plans.

Medical Supplies and Services. A facility engaged in the retail sale and/or rental of medical related equipment for home use on a temporary or permanent basis as well as the providing of persona professional assistance. This category excludes any medicines, prescriptions, drugs or equipment requiring supervised administration by a licensed medical professional.

Microbrewery. A brewery which produces or packages more than 500 but less than 10,000 barrels of beer or ale annually for wholesale distribution and/or retail sales, and which meets all Virginia Alcohol Beverage Control laws and regulations. Retail sales may occur directly to the consumer through a tap room, attached restaurant, or off-premise sales.

Microdistillery. A distillery where production does not exceed 5,000 gallons per year, generally referred to as a craft, boutique or artisan distillery. Such facilities may include an on-site tasting room or retail space to sell products to patrons on site.

Mini-Warehouse. A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies.

Mining, Quarrying and Mineral Extraction. Removal of naturally formed elements from the land for further processing into a form or product for energy, building supplies or similar uses.

Motel/Hotel. A privately owned facility providing temporary lodging accommodations to the general public, with or without dining facilities, for a fee and consisting of at least ten separate units.

Manufactured Home Graveyard. Any site or tract of land used for the storage, keeping, or parking of two or more used manufactured homes which are in an uninhabitable condition or do not comply with Federal Manufactured Housing Construction and Safety Standards.

Museum. A building or place devoted to the acquisition and exhibit of items or artifacts of historical interest and educational value accessible by the general public.

Nanobrewery. A brewery wherein up to 500 barrels of beer is manufactured and packaged per year. Such facilities may include a tasting room or retail space to sell the products to patrons on site.

Nonconforming Feature. A characteristic of a building that was existing at the effective date of this Ordinance or subsequent amendment thereto; but which does not meet the yard, height, or area regulations for the district in which the building is located.

Nonconforming Use. A principal or accessory use of land or of a building, which use was existing at the effective date of this Ordinance or subsequent amendment thereto; but which is not a use permitted by right under the district regulations in Article III for the district in which it is located, or is a special use in the district in which it is located, but for which no special use permit has been approved.

Nursery. Property dedicated to growing, harvesting or sale of decorative plantings or consumable herbs and vegetables.

Owner. Owner means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property.

Park. An area open to the general public and reserved for recreational, educational, or scenic purposes.

Personal Service Business. Any establishment involved in the transaction of services, as opposed to goods, and which caters to the personal needs of individuals. The term includes, but is not limited to, the following types of businesses: beauty or barber shop, fitness center, shoe repair shop, dance studio, photography shop, tanning shop, home computer services, or travel agency.

Print Shop. A retail establishment that provides duplicating services using photocopy, blueprint, and offset printing equipment, including collating of booklets and reports.

Printing Establishment. A manufacturing facility in which large volume printing of books, magazines, and other like materials are processed for shipment.

Private School. A privately owned, privately operated facility providing general educational activities for a fee or by scholarship to its students.

Professional Office. An office in which business is conducted by the following professions: medical-related professionals, including physicians, dentists, eye care specialists; lawyers, architects, engineers, surveyors, insurance agents, real estate agents, and other similar professions. Term does not include facilities for the care and treatment of persons suffering from alcohol or substance abuse (see "medical care facility").

Public Utility. Poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and/or maintenance of public utilities, including water and sewage facilities.

Recreation Facilities. Facilities which are typically privately owned and operated for personal and/or family recreational uses, including golf course, game rooms, summer camps, and other similar uses.

Rest Home. Rest home means a building or structure used or intended to be used as a rest home under conditions imposed by state law.

Retail Stores and Shops. Buildings for the display and retail sale of merchandise (but specifically exclusive of coal, wood and lumber yards), such as the following examples: drug stores, news stands, food stores, candy shops, department or discount stores, dry goods, and notions stores, antique stores, gift shops, hardware stores, household appliances stores, furniture stores, florist, optician, music, radio or computer stores, tailor shops, bakery shops, and craft shops.

Recreational Dwelling. A cabin, tent, camper or similar unit used for hunting, fishing, camping or similar temporary recreational activities and occupied less than 180 days a year.

Recreational Vehicle. A vehicular type portable structure (marine or terrain) without a permanent foundation that can be towed, hauled, or driven, and that is primarily designed as a temporary living accommodation for recreational camping and travel use, including, but not limited to:

(1)

Camping trailers, motor homes, mini motor homes, travel trailers, truck campers and van campers;

(2)

Motorcycles, jet skis, all-terrain vehicles, stock cars, boats, snowmobiles, or such item used primarily for recreational purposes; and

(3)

Utility trailers and other trailers designed to transport materials other than people, including, but not limited to other recreational vehicles and other forms of cargo.

Recreational Vehicle Park. Any lot of land on which one or more recreational vehicle sites are located, established, and maintained for occupancy by recreational vehicles as temporary living quarters for recreation or vacation purposes. Does not include recreational vehicle sales lots.

Recreational Vehicle Sales, Service and Rental. A business to sell, service and/or rent recreational vehicles as defined herein.

Roadside Market. A structure or area of land used for more than a three-day period for the sale of locally produced agricultural or horticultural products, antiques, and/or locally made craft items. Term does not include sales of farm products located on farm premises which comes under the term "agriculture."

Rodeo Ring. A place for competition or exhibition of skills such as riding broncos or roping calves.

Sawmill, Stationary. Any milling machine, and associated structures, used for changing raw timber into lumber products on an ongoing basis and processing timber brought from off premises.

Sawmill, Temporary. Any milling machine used for changing raw timber into lumber products on a temporary basis and processing only timber from the immediate premises.

Service Business, General Contractor, Major. A place of business with more than five employees providing either domestic and business-related services or used for general contracting, as follows:

A service business provides domestic or business-related services, including but not limited to, the service, repair, and rental of home and office equipment such as radios, televisions, video equipment, computers, home appliances, furniture, yard and garden equipment, tools, bicycles, locks, office machines, and other similar equipment; and other home and office services such as package delivery services, telecommunications service, building repair and maintenance services, including janitorial, pest control, and carpet cleaning service.

A general contractor provides materials or labor, for repairs, improvements and additions to residential or commercial buildings (including accessory buildings), where such services are done for compensation. Services that are provided by general contractor and repair shops include, but are not limited to, the installation, repair and maintenance of air conditioning and heating, carpentry, electrical, plumbing, painting, roofing, water well and septic tanks.

Service Business, General Contractor, Minor. A place of business five or less employees providing either domestic and business-related services or used for general contracting, as follows:

A service business provides domestic or business-related services, including but not limited to, the service, repair, and rental of home and office equipment such as radios, televisions, video equipment, computers, home appliances, furniture, yard and garden equipment, tools, bicycles, locks, office machines, and other similar equipment; and other home and office services such as package delivery services, telecommunications service, building repair and maintenance services, including janitorial, pest control, and carpet cleaning service.

A general contractor provides materials or labor, for repairs, improvements and additions to residential or commercial buildings (including accessory buildings), where such services are done for compensation. Services that are provided by general contractor and repair shops include, but are not limited to, the installation, repair and maintenance of air conditioning and heating, carpentry, electrical, plumbing, painting, roofing, water well and septic tanks.

Shooting Range, Indoor. A facility designed or used for shooting at targets with rifles, pistols, shotguns, or archery equipment, and which is completely enclosed within a building or structure.

Shooting Range, Outdoor. A facility designed or used for shooting at targets with rifles, pistols, shotguns, or archery equipment, and which is not completely enclosed within a building or structure.

Special Use. A use that is not permitted by right in a particular district, but is permitted if granted a special use permit. Defined as a "special exception" by the Code of Virginia and can also be termed a "conditional use."

Specified Anatomical Areas. Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola, and human male genitals in discernibly turgid state, even if completely and opaquely covered.

Specified Sexual Activities. Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; and fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

Stonecutting, Monument Manufacturing. An establishment that performs the cutting, etching, and grinding of masonry material for the purpose of sales to a retail outlet. Incidental retail sales are permitted.

Storage Warehouse. A structure and business used for the purpose of storing manufactured goods, tooling, equipment, or raw goods for processing, distribution, or sale under contract, for more than 30 days at a time.

Solid Waste/Recycling Convenience Station. A permitted facility to receive solid wastes for disposal in land filling operation or for storing or compacting for reshipment to another facility.

Street. A publicly maintained right-of-way which affords a primary means of access to abutting property.

Structure. Anything constructed or erected, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground.

Subdivision. As defined in the Smyth County Subdivision Ordinance.

Taxidermy. The business of preparing and mounting the skins of animals.

Tire Recapping or Retreading. Also known as "recap," or a "remold," is a re-manufacturing process for tires that replace the tread on worn tires. Retreading is applied to casings of spent tires that have been inspected and repaired.

Townhouse. One of a series of single-family dwellings designed to be offered for sale or sold as a unit, separated from one another by continuous vertical walls without openings from foundation through the roof. The lots or assigned land area, utilities and other improvements for each "Townhouse" would be designed to permit individual and separate ownership of such lots and dwelling units.

Truck Stop. A facility designed for primary use by the trucking industry with fuel, minor maintenance, food or rest facilities available.

Truck Terminal. A facility used for staging, storing, loading and distribution of freight for delivery by truck. Long-term parking and major maintenance activities may also be provided.

Townhouse. As defined in the Smyth County Subdivision Ordinance.

Variance. A reasonable deviation from those 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 when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the property owner.

Vested Rights. Constitutionally protected rights of persons or property to continue to exist as they existed at a point in time and such use was in compliance with regulations in effect at that time. Rights which may not be and have not been eliminated by subsequent regulation amendment(s).

Vineyard/Winery. Property devoted to growing fruits for further processing into consumable wine products. Such facilities may include a tasting room or retail space to sell the products to patrons on site.

Wildlife Refuge. Property used for the preservation and protection of game and non-game wildlife from hunting and taking.

Wind energy facility. An electric generating facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.

Wind Energy Facility, Large System. A wind energy conversion system consisting of one or more wind turbine(s), a tower(s), and associated control or conversion electronics, which has a rated capacity of not more than 999 kW.

Wind Energy Facility, Small System. A single system design to supplement other electricity sources as an accessory use to existing buildings or facilities, wherein the power generated is used primarily for onsite consumption. A small wind energy conversion system consisting of a single wind turbine, a tower and associated control or conversion electronics, which has a rated capacity of not more than 25kW.

Wind Energy Facility, Utility Scale. A wind energy conversion system consisting of more than one wind turbine(s), a tower(s), and associated control or conversion electronics, which has a rated capacity of more than 1 MW or greater.

Wind Farm. See "Wind Energy Facility, Utility Scale."

Wind Turbine. A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and may include a nacelle, rotor, tower and pad transformer.

Wind Turbine Height. The distance measured from grade to the highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.

Windmill. A machine designed to convert the energy of the wind into more useful forms using rotating blades to turn mechanical machinery to do physical work, such as crushing grain or pumping water.

(Ord. of 10-12-2001; Ord. of  8-11-2015, § 1; Amend of 4-12-2016(1), § 1; Amend of 11-10-2021(1); Ord. No. 4-13-2023(1)); Ord. of 8-10-2023(2); Ord. of 8-10-2023(3))