This chapter and all provisions contained herein, together with the official zoning map, a copy of which is on file in the department of planning and zoning, shall be known as the "Zoning Ordinance of the Town of South Boston, Virginia" and may be cited as such, or as the "zoning ordinance."

(Code 1996, § 114-3; Ord. of 2-10-2014, § 2)

For the purposes of this chapter, and unless specifically prescribed to the contrary elsewhere in this chapter, certain words and terms shall be interpreted as set forth in this article. Words and terms not defined here or elsewhere in this chapter shall be interpreted in accordance with such normal dictionary meaning or customary usage as is appropriate to the context.

(Code 1996, § 114-1; Ord. of 2-10-2014, § 2)

(a)

General rules. The following general rules of interpretation shall apply throughout this chapter as they are appropriate to the context.

(1)

The specific shall control the general.

(2)

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

(3)

Any words pertaining to gender shall be interchangeable. The term "he" shall mean "she" and "she" shall mean "he."

(4)

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

(5)

The term "shall" is mandatory, and the term "may" is permissive.

(6)

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

(7)

The term "building" or "structure" includes any part thereof, and the term "building" includes the term "structure."

(8)

The terms "main" and "principal" are synonymous.

(9)

The term "lot" includes the term "plot," "parcel" or tract."

(10)

The term "land" includes the term "water" and "marsh."

(11)

All references to public officials, agencies and bodies are those of the town unless indicated otherwise.

(b)

Use types generally.

(1)

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. Permitted uses generally fall within the following use classifications: agriculture and forestry use types; residential use types, group home use types; civic use types; office use types; commercial use types; industrial use types; recreation use types; and miscellaneous use types. The use types section also facilitates the process of determining the applicable use type of any activity not clearly within any defined use type.

(2)

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 (NAICS) 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.

(3)

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

(4)

A determination of the administrator may be appealed to the board of zoning appeals pursuant to the procedures for administrative appeals outlined in article II, division 5 of this chapter.

(c)

Definitions of terms and use types. For the purposes of this chapter, the following words and terms have the meanings as described herein, unless a specific meaning to the contrary is indicated elsewhere in this chapter. Where terms are not defined, they shall have their ordinarily accepted meaning, or such as the context may imply.

Accessory building or structure means 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 means 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.

Active recreation use means and includes, but is not limited to, pedestrian trails, bicycle trails, tennis courts, multi-use paved areas, swimming and boating areas, playgrounds and play fields and bridle paths.

Addition means any increase to the gross floor area of a structure.

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

Administrator means the zoning administrator of the town, or an authorized agent thereof, also referred to in this chapter as the zoning administrator.

Adult cabaret means a building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibition of specified sexual activities or specified anatomical areas for observation by patrons therein. An adult cabaret is a "nightclub."

Adult day care center means any facility that provides supplementary care and protection during only a part of the day to four or more aged, infirm or disabled adults who reside elsewhere, except a facility or portion of a facility licensed by the state board of health or the department of behavioral health and developmental services, and the home or residence of an individual who cares for only persons related to him by blood or marriage. The term "adult day care center" includes any two or more places, establishments or institutions owned, operated or controlled by a single entity and providing such supplementary care and protection to a combined total of four or more aged, infirm or disabled adults (Code of Virginia, §§ 63.2-100, 6-19-13).

Adult entertainment establishment means any adult cabaret, adult motion picture theater, or video-viewing booth or arcade booth.

Adult entertainment establishment, live, means any building or portion of a building which contains any exhibition or dance wherein any employee or entertainer is unclothed or in such attire, costume or clothing so as to appear in a state of nudity or semi-nude condition; or live performances which are distinguished or characterized by an emphasis upon the exposure of specified anatomical areas or by specified sexual activities; and which exhibition or dance is for the benefit of a member of the adult public, or advertised for the use or benefit of a member of the adult public, held, conducted, operated or maintained for profit, direct or indirect.

Adult media means magazines, books, videotapes, movies, slides, CD-ROMs or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

Adult motion picture theater means an establishment that shows sexually oriented movies, distinguished or characterized by an emphasis on the exhibition of specified sexual activities or specified anatomical areas as a significant part of its business.

Adult store means an establishment that offers for sale or rent items from any of the following categories: adult media, sexually oriented goods, or goods marketed or presented in a context to suggest their use for specified sexual activities; and the combination of such items constitutes more than 15 percent of its stock in trade or occupies more than 15 percent of its gross public floor area; and where there is no on-site consumption of the goods, media or performances for sale or rent.

Agent means one who represents another, called the principal, in dealings with third persons. The agent undertakes some business by authority of the principal. The principal is the property owner.

Aggrieved person means a person or group of people with an immediate, pecuniary and substantial interest in an action taken by the administrator or board of zoning appeals under this chapter, as opposed to a remote or indirect interest. A person is also aggrieved if the person suffers a denial of some personal or property right or imposition of a burden or obligation different from that suffered by the public in general.

Agriculture means 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 horse, cow, pig, sheep, goat, or chicken shall constitute agriculture regardless of the size of the animal and regardless of the purpose for which it is kept.

Alley means a public way affording or intended to afford secondary means of vehicular access to abutting properties and situated along the side or rear of such properties.

All-terrain vehicle means a motor vehicle having three or more wheels that is powered by a motor and is manufactured for off-highway use. The term "all-terrain vehicle" does not include four-wheeled vehicles commonly known as "go-carts" that have low centers of gravity and are typically used in racing on relatively level surfaces, nor does the term "all-terrain vehicle" include any riding lawn mower.

Alteration means 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. The addition of bedrooms, kitchens, and bathrooms to an existing residential structure.

Amateur radio tower means 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 FCC.

Amusement and entertainment uses, adult. See Adult cabaret, Adult entertainment establishment, Adult entertainment establishment (live), Adult motion picture theater, and Adult store in this section. Adult amusement and entertainment uses are not permitted unless specifically listed as a permitted use or use by special use permit in any zoning district.

Amusement and entertainment uses, commercial. See Commercial indoor amusements, Commercial indoor entertainment, and Dance halls in this section.

Animal shelter, public, means a local government owned and operated facility providing services for humane animal care for un-owned household pets until appropriate disposition of such pets can be effectuated. Supporting facilities may include medical care, kennels, exercise areas and adoption centers.

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

Applicant means the person or entity who submits an application to the town for a special use permit or a zoning permit.

Application area means the entire area associated with the solar energy facility, including, but not limited to, the project area, setbacks, storage areas, internal roads, and buffers.

Assisted living facility means any congregate residential setting that provides or coordinates personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of more than four adults who are aged, infirm or disabled and who are cared for in a primarily residential setting, except a facility or portion of a facility licensed by the state board of health or the department of behavioral health and developmental services, but including any portion of such facility not so licensed; the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; a facility or portion of a facility serving infirm or disabled persons between 18 and 21 years of age, or 22 years of age if enrolled in an educational program for the handicapped pursuant to Code of Virginia, § 22.1-214, when such facility is licensed by the department as a children's residential facility under Code of Virginia, title 63.2, chapter 17 (Code of Virginia, § 63.2-1700 et seq.), but including any portion of the facility not so licensed; and any housing project for persons 62 years of age or older or the disabled that provides no more than basic coordination of care services and is funded by the U.S. Department of Housing and Urban Development, by the U.S. Department of Agriculture, or by the state housing development authority. Included in this definition are any two or more places, establishments or institutions owned or operated by a single entity and providing maintenance or care to a combined total of more than four aged, infirm or disabled adults. The term "maintenance or care" means the protection, general supervision and oversight of the physical and mental well-being of an aged, infirm or disabled individual.

State Law reference— Similar provisions, Code of Virginia, § 63.2-100.

Attic means the part of a structure which is immediately below and wholly or partly within the roof framing. Where there are dormers greater than 50 percent of the length of the roof, then this area is not an attic.

Auction gallery means a building in which the commissioned public sales of goods to the highest bidder, conducted by a licensed auctioneer for persons or groups other than community nonprofit organizations, occur more than once a year.

Auto and truck general repair establishment means any establishment where the principal activity is the repair of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, and which may include body repair and painting and the repair, installation and removal of engines, transmissions or other major body or mechanical parts.

Auto service center means an establishment for the servicing and minor repair of motor vehicles including automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats within enclosed service bays or stalls, and which may include the sale, installation and repair of tires, batteries, shocks, exhaust systems and similar minor automobile parts and accessories. The term "auto service center" does not include an establishment engaging in auto or truck general repair or involving the installation or removal of engines, transmissions or other major body or mechanical parts, or body repair or painting or storage of wrecked vehicles.

Automobile dealership means the use of any building, land area or other premises 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 rental/leasing means rental of automobiles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas.

Automobile graveyard means any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative, are placed, located or found. The movement or rearrangement of vehicles within an existing lot or facility does not render this definition inapplicable.

State Law reference— Similar provisions, Code of Virginia, § 33.2-804(B).

Bed and breakfast establishment means a short-term lodging facility for overnight guests operated within a residential dwelling for daily or weekly compensation and offering breakfast to guests.

Bedroom means a room in a dwelling which may be occupied for sleeping purposes. Every room which is at least 70 square feet in area, having at least one window facing directly to the outdoors or to a court, which is not the kitchen, living room, dining room, bathroom, closet, hall, storage or utility space or similar area, shall be considered a bedroom.

Board of zoning appeals means the town board of zoning appeals, also referred to in this article as BZA.

Body-piercing salon means any place in which a fee is charged for the act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. The term "body piercing" does not include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both. Body piercing salons are permitted, by special use permit only, in the B-2 General Business District and the B-4 Downtown Business Expansion District.

Buffer yard means 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 means 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 means 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, the term "lot" includes 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 means the side of a building which faces the front of the lot upon which the building is located (see "lot, front").

Building height means the vertical distance measured from the adjoining grade at the front entrance of the building or structure to the highest point of the structure. For corner lots, the building height shall be the average of the front height defined above and the building side height adjacent to the street. The building side height shall be defined as the vertical distance measured from the lowest adjoining grade on the side adjacent to the street to the highest point of the structure.

Building line means a straight line extending from the front, side, or rear of a building, coincident with the plane of the facade closest to the lot line.

Building official means the official designated to enforce the provisions of the uniform statewide building code within the jurisdiction of the town.

Building separation means the minimum horizontal distance between two buildings on adjacent lots or across a street or alley.

Business or trade schools means 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, or as a home occupation.

Business support services means 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.

Caliper means the diameter of the trunk of a tree at the height of 12 inches above grade.

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

Camps means 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 article.

Campsite means a designated plot of ground within a campground intended or used for the exclusive occupancy by a tent, recreational vehicle, or a vacation cottage.

Canopy means an awning and/or marquee.

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

Cemetery means land used or dedicated to the burial of the dead, including crematoriums, mausoleums, necessary sales and maintenance facilities. Mortuaries shall be included when operated within the boundary of such cemetery.

Certificate of zoning compliance means, for the purposes of this article, official certification that premises conform to all applicable provisions of the zoning ordinance and may be lawfully used or occupied.

Child means any natural person under 18 years of age.

Child day care center means a child day program offered to two or more children under 13 years of age in a facility that is not the residence of the provider or of any of the children in care or 13 or more children at any location.

Child day care program means a regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child under 13 years of age for less than a 24-hour period.

Clinic means a facility providing medical, dental, optical, surgical or psychiatric services to sick or injured persons exclusively on an out-patient basis including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors. The term "clinic" includes immediate care facilities, where emergency treatment is the dominant form of care provided at the facility. The term "clinic" includes the term "office" when used in conjunction with such services.

Club or lodge, private, means a use providing educational, meeting, or social facilities for civic or social clubs, fraternal/sororital organization, 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. A club does not include a building in which members reside. A student center is a club.

Commercial indoor amusement means a building, portion of a building or area outside of a building in which four or more amusement or entertainment devices or machines are maintained for use by the public whether as a principal or accessory 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 means predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, and concert or music halls.

Commercial indoor sports and recreation means predominantly participant 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 means predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include sports arenas, motor vehicle racing facilities, and outdoor amusement parks. Use includes outdoor music concerts, movies, plays and similar activities.

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

Commercial vehicle repair services, major, means repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. 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.

Commission means the planning commission of the town.

Completely enclosed building means a building enclosed on all sides and having no outside openings other than ordinary doors, windows and means of ventilation.

Conference and reception center means a building or complex of buildings which houses one or more of the following: cafeteria or dining room for employees or a related office complex, kitchen, ballroom, banquet room. The center may be used for any or all of the following activities or other activities normally conducted at a conference and reception center: trade show displays; civic events; charitable events; teleconferences; seminars held or sponsored by an individual, entity, or organization on an advance registration basis; receptions; meetings; breakfasts, brunches, lunches, and dinners on an advance registration basis; parties with or without live music or entertainment; balls or dances including live music and other live entertainment; conferences; conventions.

Construction sales and services means 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.

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

Consumer repair services means 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.

Contractor office means general office functions plus shop and display rooms and incidental warehouse facilities and outside storage.

Convenience store means 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. Also referred to as "neighborhood convenience store."

Convenience store with gas pumps means 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. In addition to goods for household consumption, the convenience store may include gas pumps in accordance with any other provisions set forth in this chapter. Typical uses include neighborhood markets and country stores. Also referred to as "neighborhood convenience store."

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

County means Halifax County, Virginia.

Crematory or crematorium means a facility containing a furnace for cremation of dead human bodies.

Cultural services means 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.

Custom manufacturing means 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, or a single kiln.

Dance hall means any place open to the general public where dancing is permitted; or an establishment where an admission fee is directly collected or some other form of compensation is obtained for dancing, however, a restaurant located in any city licensed under the state code to serve food and beverages having a dance floor with an area not exceeding ten percent of the total floor area of the establishment shall not be considered a public dance hall. The term "dance hall" includes establishments where audiences assemble in a group to listen to live or recorded music with the purpose of creating a group feeling or experience, including, but not limited to, music concerts.

Deck means 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 means the transfer of private property to public ownership upon written acceptance.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or storage of equipment or materials. The term "development" includes construction, reconstruction, alteration, restoration, and demolition of a structure. The term "development" also includes the erection of a new sign.

Development site means all contiguous land under single ownership or control developed for primary and accessory structures and facilities. A development site shall include the individual lots on which development will be located, as well as all open spaces, parking areas, private streets, driveways, recreational facilities, community areas and other areas owned or in common ownership within the development.

Distillery means a facility for the production, bottling, packaging and sale of high alcohol content beverages produced on site for distribution, retail or wholesale, on or off premises sales and which meets all state alcoholic beverage control laws and regulations.

Drive-up facility or drive-up window means any window or other facility where service is rendered to or business is transacted directly with customers who are located within motor vehicles.

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

Dwelling unit means 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 cooking, sleeping and sanitary facilities. The term "dwelling unit" does not include a manufactured home, recreational vehicle or room or group of rooms within a hotel, motel, tourist home, boardinghouse, roominghouse, fraternity or sorority house, or similar lodging facility.

Dwelling use means any principal use containing dwelling units or lodging units which are not generally available for occupancy for periods of less than one week, as distinguished from units located within hotels, motels, tourist homes and similar facilities intended for transient occupancy. The term "dwelling use" also includes a bed and breakfast establishment, group home, retirement life care center and nursing home.

Electronic contest device means an electronic device, machine, apparatus, implement, equipment or other electronic thing which operates either automatically or with the aid of some physical act by the player or operator in such manner that it may reveal something of value to the player or operator.

Equipment sales and rental means 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.

Establishment means any entity or individual conducting a business, profession, or trade; and any entity or individual conducting a civic, community service, or nonprofit activity.

Facade means an entire outside wall of a structure, including wall faces, parapets, fascia, windows, and doors, of one complete elevation.

Fair market value means the price at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.

Family means one or more persons related by blood, marriage or adoption, including foster children and household employees, or not more than five unrelated persons occupying a single-family dwelling, living together as a single nonprofit housekeeping unit.

(1)

Any group home in which no more than eight individuals with mental illness, intellectual disability, or developmental disabilities reside, with one or more resident counselors or other staff persons shall be considered as a single-family residential occupancy.

(2)

Any group home in which no more than eight aged, infirm or disabled persons reside, with one or more resident counselors or other staff persons shall be considered as a single-family residential occupancy.

(3)

Any group home in which no more than eight handicapped persons, as defined by the Federal Fair Housing Act, reside, with one or more resident counselors or other staff persons shall be considered as a single-family residential occupancy.

(4)

The term "family" shall not be construed to include a fraternity, sorority, club or a group of persons occupying a hotel, motel, tourist home, lodginghouse or institution of any kind, except as specifically included by this definition.

Family day home.

(1)

Small family day home. A program offered in the residence of the provider or in the home of any of the participating children for the purpose of providing care, protection and guidance to fewer than six children under 13 years of age separated from their parents or guardians for less than a 24-hour period, exclusive of the provider's own children and any children who reside on the premises.

State Law reference— Zoning of family day homes, Code of Virginia, § 15.2-2292; family day home defined, Code of Virginia, § 63.2-100; voluntary registration of family day homes, Code of Virginia, § 63.2-1704.

(2)

Large family day home. A program offered in the residence of the provider or the home of any of the participating children which is used for the purpose of providing care, protection and guidance to more than six but less than 13 children under 13 years of age separated from their parents or guardians for less than a 24-hour period, exclusive of the provider's own children and any children who reside on the premises. Use of a dwelling unit as either a small or large family day home shall be a home occupation.

State Law reference— Zoning of family day homes, Code of Virginia, § 15.2-2292; family day home defined, Code of Virginia, § 63.2-100; voluntary registration of family day homes, Code of Virginia, § 63.2-1704.

Farm produce stand means a small area dedicated to the sale of miscellaneous seasonal produce located on the farm, operated by the seller, where it is grown. The dedicated area may include accessory structures for the sale of the produce.

Farmers market means any area of land, buildings or structures, open or enclosed, used for the display and retail or wholesale sale of agricultural or horticultural products, but not including livestock.

Farmland means land in active agricultural or horticultural use.

Financial institutions means institutions providing 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 automatic teller machines (ATMs).

Flea market means an occasional or periodic market conducted in an open area or in buildings or structures, where groups of individual sellers offer a variety of goods for sale to the public and where there are ordinarily no long term leases of selling space between sellers and operators.

Flood means a general and temporary inundation of normally dry land areas. (See article III, division 15 of this chapter, for additional definitions pertaining to flood and floodplains.)

Floor area, gross, means the sum of the horizontal areas of all usable floors of a building, as measured from the exterior faces of exterior walls, and including all intervening walls, partitions, hallways, corridors, lobbies and stairways. In calculating the floor area of an attached building or the floor area of a use occupying a portion of a building, measurement shall be made to the centerlines of common or shared walls. Gross floor area shall not include unenclosed porches, balconies, or any basement or attic areas which are not improved and available for use and occupancy.

Floor area ratio means the ratio of gross floor area of all structures on a lot to total lot area.

Forestry operations means the use of land for raising and harvesting timber, pulp wood and other wood products for commercial purposes, including accessory operation of temporary sawmills and similar equipment for harvesting timber on the same or contiguous property. The term "forestry operations" does not include the cutting of timber associated with land development approved by the town, which shall be considered accessory to the development of the property.

Frontage means that portion of a lot abutting a street and being situated between the lot lines intersecting the street. The term "frontage" is also referred to as "street frontage" or "lot frontage."

Funeral home, crematory means establishments engaged in undertaking services such as preparing the dead for burial, and arranging and managing funerals. Typical funeral service establishments include funeral homes or mortuaries and include those funeral service establishments that provide crematory services.

Garden center means a business primarily engaged in retail or wholesale sale of trees, shrubs, flowers, plants, seeds, fertilizer, pesticides, and other lawn or garden products, supplies or accessories. 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 service station orself-service gasoline station means any establishment involving the dispensing of motor fuels and related products at retail and having pumps, underground storage tanks and other facilities for such activity, and which may include the retail sale or installation of minor automobile parts and accessories and the inspection, servicing or minor repair of motor vehicles in enclosed service bays or stalls. Such use does not include an establishment engaging in auto or truck general repair or involving the installation or removal of engines, transmissions or other major body or mechanical parts, or body repair or painting or storage of wrecked vehicles. This use does not include convenience stores with gas pumps.

General office means use of a site for business, professional, or administrative offices, excluding medical offices. 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.

Glare means the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

Golf course means a tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included in the definition of the term "golf course" would be executive or par three golf courses. Specifically excluded would be independent driving ranges and any miniature golf course.

Greenhouse means a structure providing enclosure and protection for the raising of plants which are offered for sale at retail on the premises.

Group home means a residential facility in which children separated from their parents or guardians; mentally ill, mentally retarded, or other developmentally disabled persons; or aged, infirm, disabled or handicapped persons reside and which is maintained for the full-time care, maintenance, protection and guidance of such individuals. For the purposes of the definition of the term "group home," mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in the state code. The term "group home" includes any other residential facility for which the state department of social services and the state department of behavioral health and developmental services are the licensing authority under state law. See definition of Family.

Group home use types. See definition of the term "family" for a "group home" considered as single-family residence. See also "adult day care center," "assisted living facility," "child day care center," "family day home," and "life care facility."

Gross public floor area means the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), plus aisles, hallways, and entryways serving such areas.

Height means the vertical distance measured from the average of the lowest and highest elevations of the finished grades immediately adjacent to a building or structure to the highest point of a flat roof, mansard roof or parapet, or to the midpoint of a gable, hip or shed roof, or to the highest point of any structure having no roof.

Historic area means an area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or architectural heritage of the community, of such significance as to warrant conservation and preservation.

Home occupation means an occupation, profession, enterprise or similar activity conducted within a dwelling unit which is the residence of the practitioner. In order to qualify as a home occupation, an activity, as described herein, must be clearly secondary to the principal dwelling use of the premises and must meet all of the criteria set forth in article V of this chapter, which are intended to distinguish such activity from other business uses and to ensure compatibility with nearby residential uses.

Hospital means a facility, licensed by the state, in which the primary function is the provision of diagnosis, treatment and medical and nursing services, surgical or non-surgical, for sick or injured persons, and which provides inpatient beds, and including ancillary facilities for outpatient and emergency care, training, research, administration and employee, patient and visitor services, but not including a facility exclusively or primarily for the care and treatment of psychiatric patients or persons suffering from substance abuse.

Hotel ormotel means a building or group of buildings on the same lot containing lodging units for transient guests principally on a daily basis, for which housekeeping services are provided. A "hotel" is a facility in which each lodging unit has a separate entrance from the interior of the building by way of a common lobby and/or corridor. A "motel" is a facility in which lodging units have separate entrance directly from outside the building without passage through a common lobby or corridor and generally from a parking area, courtyard, driveway or street. The terms "hotel" or "motel" are intended to apply to inns, lodges and similar facilities, except when such conform to the definition of "tourist home" as set forth in this article.

Household pet means animals that are kept for personal use or enjoyment within the home. The term "household pet" includes, but is not limited to, dogs, cats, birds, and rodents. The term "household pet" does not include farm animals such as horses, ponies, cows, pigs, chickens, goats, and sheep.

Industry, heavy, means manufacturing or other enterprises with significant external effects, or which pose significant risks due to the involvement of explosives, radioactive materials, poisons, pesticides, herbicides, or other hazardous materials in the manufacturing or other process.

Industry, light, means enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Light 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, fish tanks and supplies, 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, any other product of a similar nature.

Industry, medium, means 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. Medium industry produces moderate external effects such as smoke, noise, soot, dirt, vibration, odor, etc.

Inoperable vehicle means any motor vehicle on which valid license plates or a valid inspection decal is not displayed, or any motor vehicle which is wrecked, partially or totally dismantled or disassembled, such that it cannot be lawfully operated on a public street.

Integrated PV means photovoltaics incorporated into building materials, such as shingles.

Junkyard means an establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, (including, but not necessarily limited to, scrap metals, building materials, machinery, household appliances, plumbing supplies, furnishings, fixtures, or motor vehicles or parts thereof) or for the maintenance or operation of an automobile graveyard, and the term "junkyard" shall include garbage dumps and sanitary fills. The term "junkyard" includes an automobile graveyard, as defined herein.

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

Life care facility means 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. An assisted living facility would be included in the definition of the term "life care facility."

Livestock means animals, other than dogs, cats and other household pets, which are kept or raised for use, profit or enjoyment, including cattle, horses, sheep, goats, swine, fowl, rabbits and similar animals.

Lodging unit means a room or group of rooms within a building, constituting living quarters for one or more persons, and not containing cooking facilities. A room or group of rooms within a hotel, motel or tourist home constituting living quarters for transient guests shall be considered a lodging unit even though it may contain partial or complete kitchen facilities.

Lot means a parcel of land occupied or intended for occupancy by buildings or uses permitted by the provisions of this chapter, together with such area, yards and other open spaces as are required by this chapter. The term "lot" includes the terms "tract," "parcel" and "property" 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, corner, means a lot abutting upon two or more streets at their intersection, or a lot bounded entirely by streets.

Lot coverage means that portion of a lot, which when viewed from directly above, would be covered by any building or structure, parking and loading areas and other surface which is impermeable or substantially impervious to stormwater. Gravel parking areas shall be considered impervious. For the purposes of this definition, the term "lot" includes 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, means 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, means 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, front, means the side of a lot which abuts a public street is the front of the lot. For corner lots, the shortest side fronting upon a street shall be considered the front of the lot. Where buildings exist on the lot, the frontage may be established by the orientation of the buildings, or of the principal entrance, if building orientation does not clearly indicate lot frontage. Where no other method determines conclusively the front of a lot, the administrator shall select one frontage on the basis of traffic flow on adjacent streets, so that the lot is considered to front on the street with the greatest traffic flow.

Lot frontage means the horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way of an improved and publicly maintained street. All sides of a lot which abut a street shall be considered frontage. On curvilinear streets the arc between the side lot lines shall be considered the lot frontage.

Lot, interior, means a lot, other than a corner lot or through lot, which has frontage on only one street.

Lot, irregular, means 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 elongations, angles, curvilinear lines unrelated to topography or other natural land features.

Lot line means any boundary of a lot, including a boundary which constitutes a street line.

Lot of record means 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 county circuit court.

Lot, pipestem, means 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 side means the side lines of a lot which are adjacent to and intersect the lot front line. For corner lots, the side not determined to be the lot front shall be the lot side.

Lot, through, means a lot other than a corner lot having frontage along more than one street.

Lot width means the minimum horizontal distance between the side lines of a lot measured between the points where the minimum required front yard line intersects the side lines of the lot. On a corner lot or through lot on which more than one front yard is required, the lot width shall be measured adjacent to the frontage with the least dimension.

Main building means a building in which is conducted the principal or main use of the property on which the building is located.

Manufactured home means any structure subject to federal regulation, 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 a site; is built on a permanent chassis; is designed to be used for dwelling purposes by one family, with or without a permanent foundation, when connected to the required utilities; and which includes the plumbing, heating, air-conditioning, and electrical systems to be utilized in the structure.

Manufactured home park means a lot or parcel on which are located, or which is arranged or equipped for the accommodation of, two or more manufactured homes with spaces for such available for rent or lease for periods of not less than one year, and including such open spaces and other facilities as may be provided for the use of or service to residents of manufactured homes located on such lot or parcel.

Medical office means the use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the commonwealth. Emergency treatment is not the dominant type of care provided at this facility.

Microbrewery means a facility for the production, bottling, packing and sale of beer, malt beverages, and or hard cider of low alcohol content, produced on site for distribution, retail or wholesale, on- or off-premises sales, with a capacity of not more than 15,000 barrels per year, and which meets all state alcoholic beverage control laws and regulations.

Micro-winery means a facility for the production (including, but not limited to, crushing, fermenting, aging and storage) of grapes or other products, fruits or vegetables into wine and the bottling, packaging, and sale of wine, produced on site for distribution, retail or wholesale, on- or off-premises sales, with a capacity of not more than 5,000 gallons per year, and which meets all state alcoholic beverage control laws and regulations.

Mini-warehouse means 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.

Mixed use development means property that incorporates two or more different uses, and may include a variety of housing types, within a single development.

Mobile food unit means a mobile food preparation or service unit in which ready-to-eat food is cooked, wrapped, packaged, processed, or portioned for service, sale or distribution. A mobile food unit must be licensed by the town and the health department; may not operate from a fixed or permanent location; and may not operate in the same location for more than three consecutive days without being moved. The zoning administrator may approve extensions up to seven additional days without the unit being moved.

Nonconforming building means a building or structure having one or more nonconforming features.

Nonconforming feature means a feature of a use, as distinguished from the use itself, or a feature of a building, which feature was lawfully existing at the effective date of this chapter or subsequent amendment thereto, and does not conform with the requirements established by this chapter or an amendment thereto. Features of uses or buildings shall be construed to include density, lot area, lot dimensions, yards, open spaces, height, bulk, number of occupants, screening, landscaping, lighting, and off-street parking requirements. A building having any such nonconforming feature may be referred to as a nonconforming building.

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

Nonconforming use means a principal or accessory use of land or of a building or structure, which use was lawfully existing at the effective date of the ordinance from which this chapter is derived, or subsequent amendment thereto, and is not a permitted use under the provisions of this chapter or an amendment thereto.

Not-for-profit means an organization, association or activity which is not operated for purposes of earning a profit.

Nursing home means any facility or any identifiable component of a facility in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more persons and which is licensed by the state as a nursing home.

Occupant means a person who, on a regular basis, spends nights at a residence. A person is considered an occupant regardless of whether they spend the majority of their nights at a residence, if the times they do stay overnight are regular and recurrent. In addition, a person shall be considered an occupant if their clothes or other daily living supplies are maintained at the residence.

Off-street parking space means an area for the parking of one motor vehicle located other than within a public street or public alley right-of-way and having such dimensions and access as set forth in article IV, division 5 of this chapter.

Open-warehouse storage means a commercial building used to provide rental storage space to one or more customers. Such building shall have an adequate entrance for the loading and unloading of stored goods as determined by the zoning administrator.

Parking area means a parcel of land or a portion thereof used for the parking of motor vehicles, including off-street parking spaces as defined herein, as well as the access aisles and maneuvering space directly serving such off-street parking spaces.

Parking garage means a structure, or portion of a structure, generally available to the public and used for the parking of transient motor vehicles either for compensation, whether by prior rental or lease agreement or on an hourly or daily basis.

Parking lot means a parcel of land or portion thereof used for the parking of motor vehicles as a commercial enterprise for which compensation is charged, whether by prior rental or lease agreement or on an hourly or daily basis.

Pawn shop means a retail business establishment which additionally provides pawnbroker services as defined and regulated by chapter 42.

Personal service business means an establishment or place of business providing a service directly to persons or involving the repair, alteration, maintenance, cleaning or customizing of personal property worn by or carried on a person, and including barber and shops, beauty salons, health spas, fitness centers, shoe repair shops, tailor and dressmaking shops, travel agencies, clothing rental stores, watch and jewelry repair shops, photographic studios, studios for music, dance or martial arts instruction, hobby and craft instruction, and similar uses.

Photovoltaic orPV means materials and devices that absorb sunlight and convert it directly into electricity.

Planned unit development means a form of development characterized by unified site design for a variety of housing types and densities, clustering of buildings, common open space, and a mix of building types and land uses in which project planning and density calculation are performed for the entire development rather than on an individual lot basis.

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

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

Principal street frontage means that frontage of a corner lot in a business district, which is situated along the street which carries the greater volume of pedestrian and vehicle traffic and generally functions as the primary orientation of businesses on properties contiguous to the lot.

Principal use means the main use of a lot, building or structure as distinguished from a secondary or accessory use.

Project area means the area within a solar energy facility used for the construction, operation and maintenance of the solar energy facility.

Public, unless otherwise specifically indicated, means anything owned, operated, provided and/or maintained by a local, state or federal government.

Public assembly means facilities that accommodate public assembly for sports, amusements, or entertainment purposes. Typical uses include auditoriums, sports stadiums, convention facilities, and incidental sales and exhibition facilities.

Public maintenance and service facilities means 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 mean publicly or not-for-profit owned and operated parks, picnic areas, playgrounds, indoor/outdoor athletic or recreation facilities, indoor/outdoor shelters, amphitheaters, game preserves, open spaces, and other similar uses. This shall not include public recreation assembly.

Public recreation assembly means publicly or not-for-profit owned and operated community, civic, or recreation centers, year-round swimming facilities, indoor performing arts/auditoriums, and special events.

Public sewer orpublic water system means a water or sewer system owned and operated by a municipality or county; or an authority created pursuant state law; or a private individual or a corporation approved and properly licensed by the state corporation commission prior to the adoption date of the ordinance from which this chapter is derived; and meeting the requirements of the state health department and/or department of environmental quality.

Public utility, major, means a public utility facility serving all or a major portion of a community or region and which typically involves a building or structure, including, but not limited to, a wastewater treatment plant, water purification plant, generating plant, transmission line, substation, railroad line or appurtenance, a building housing electrical switching equipment, transfer station, administration building, utility storage or maintenance yard or similar use.

Public utility, minor, means a right-of-way, easement, facility or appurtenance necessary for provision and maintenance of a public utility or public transportation to serve adjacent and nearby development, including, but not limited to, a street, distribution line, pole, pipe, meter, transformer, relay or booster facility, stormwater detention basin, well, well house, pump station, water storage facility or similar device.

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

Rated capacity means the maximum capacity of a solar energy facility based on the sum total of each photovoltaic system's nameplate capacity.

Recreational use types, commercial. See Commercial indoor sports and recreation, Commercial outdoor entertainment, Commercial outdoor sports and recreation.

Recreational use types, public. See Public assembly, Public parks and recreation areas, and Public recreation assembly.

Recreational vehicle means a vehicle built on a single chassis intended to be towed or self-propelled or attached to the chassis of another vehicle, and designed or used for recreational, travel or sporting purposes or for temporary living quarters in conjunction with such purposes. The term "recreational vehicle" includes, but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor homes, and converted trucks and buses.

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

Religious assembly means 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.

Residential district means an R-AG, R-1, R-2, R-3 or R-4 District established by this chapter.

Residential dwelling means a building or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one or more individuals or families. The following are included as residential dwelling types:

(1)

Dwelling, single-family, means a site built or modular building designed for or used exclusively as one dwelling unit for permanent occupancy, 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.

(2)

Dwelling, single-family attached, means two or more single-family dwellings sharing two or more common walls, each on its own individual lot. Attached dwellings are not vertically stacked.

(3)

Dwelling, two-family, means the use of an individual lot for two dwellings which share at least one common wall, each occupied by one family, that separates living space (i.e., living room, kitchen, bedroom, bathroom, etc.); also referred to as a duplex.

(4)

Dwelling, multiple-family, means 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.

(5)

Accessory apartment means a secondary dwelling unit or units established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling unit or a detached structure or structures on the same lot.

(6)

Bed and breakfast means a dwelling in which not more than eight bedrooms are provided for overnight guests for compensation, on daily or weekly basis, with or without breakfast. The serving of meals other than breakfast, or the serving of breakfast to other than overnight guests, shall be considered a restaurant.

(7)

Farm employee housing means a dwelling located on a farm for the purpose of housing an employee of that farm operation and his family. Also included in this use type would be multifamily dwellings for seasonal employees in connection with an orchard or other agricultural use which relies on seasonal employees who must be housed.

(8)

Group home means as defined herein.

(9)

Manufactured home means a structure subject to federal regulation, 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 single-family dwelling with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. Some manufactured homes are also referred to as mobile homes.

State Law reference— Similar provisions, Code of Virginia, § 36-85.3.

(10)

Shelter means 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.

(11)

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

Restaurant means an establishment in a fixed or permanent location engaged in the preparation of food and beverages primarily for on-site consumption and characterized primarily by table service to customers in non-disposable containers. The term "restaurant" includes the terms "restaurant, drive-in" and "restaurant, fast food" as defined within this section. The term "mobile food unit," as defined within this section, is not a restaurant.

Restaurant, drive-in, means an establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, served in disposable containers at a counter and a drive-up or drive-through service facility, or which offers curb service.

Restaurant, fast food, mans an establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, served in disposable containers at a counter. This use type does not employ a drive-up or drive-through service facility, and does not offer curb service.

Retail store and shop means a building wherein the principal activity is the sale of merchandise at retail to the general public, and where such merchandise is typically sold in small quantities and broken lots, and not in bulk. For purpose of illustration, the term "retail store and shop" includes drug stores; newsstands; food stores and supermarkets; candy shops; dry goods, notions and clothing stores; boutiques and gift shops; hardware, home furnishings and household appliance and electronics stores; antique shops; furniture stores; florist shops; opticians; shoe stores; jewelry stores; auto accessory stores; music stores; and other similar uses. Establishments for the sale in bulk of coal, wood, fuel, building materials and lumber, and establishments for the sale of vehicles, farm implements, boats, trailers, recreational vehicles, machinery and similar items shall not be considered retail stores and shops.

Safety services means 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.

Satellite dish antenna means an accessory structure that allows the direct reception of communication or other signals from orbiting satellites or other sources, and which includes an antenna or dish antenna, a low noise amplifier and coaxial cable.

Service business means establishments primarily engaged in the provision of miscellaneous support services and expertise to individuals and businesses, but excluding automotive and equipment repair. See definition of the terms "consumer repair business" and "business support services" for typical uses.

Setback means the distance a building, structure, feature or activity is separated from a lot line. Depending on the context, the term "setback" may refer to a front yard, side yard or rear yard.

Shopping center means a group of three or more retail stores or shops or other business establishments on a site of two acres or more planned, developed, owned and managed as a unit and related in its location, size and types of establishments to the trade area which it is intended to serve, and which is provided with off-street parking on the premises.

Sign means a presentation of letters, numbers, figures, pictures, emblems, insignia, lines or colors, or any combination thereof, which can be viewed from a public right-of-way, private road or another property, and which is displayed for the purpose of information, direction or identification or to advertise or promote a business, service, activity, interest or product, or any otherwise lawful non-commercial message that does not attract attention to a business operated for profit or to a commodity or service offered for sale.

(1)

Animated sign means any sign having a conspicuous and intermittent variation in illumination, message or physical position of any or all of its parts. Any permitted flag or banner which is entirely dependent upon wind for movement shall not be considered an animated sign.

(2)

Advertising sign means a sign, including a billboard, which directs attention to a business, commodity, activity, service or product not conducted, sold or offered upon the premises where it is located.

(3)

A-frame or easel sign means any upright sign with a rigid supporting frame either in the form of an inverted "V" or in the form of an easel. These signs are typically used to display a temporary message and are not permanently affixed to the ground.

(4)

Attached sign means any sign attached with the sign face substantially parallel to the wall, structure, roof, canopy, marquee or porch of the structure.

(5)

Banner sign means a temporary sign constructed of cloth, paper, flexible plastic, nylon, canvas or similar material, which is securely attached to or suspended from a vertical face or other part of a building.

(6)

Billboard sign means a sign used as an outdoor display for the purpose of advertising or promoting a business, service, activity or product which is not located, offered for sale or otherwise related to use of the premises on which such sign is situated. A "billboard sign" may also be referred to as an "off-premises sign."

(7)

Bulletin board sign means a wall-mounted sign for public or permitted civic uses, oriented to viewers already on site, on which notices of public interest are temporarily posted.

(8)

Business sign means a sign which directs attention to a profession or business conducted, or to a commodity, service, activity or entertainment sold or offered, upon the premises where the sign is located, or in the building to which the sign is affixed.

(9)

Cabinet sign means a separate sign structure having definitive geometric limits and depth which encloses a particular message. Signs such as, but not limited to, plexiglass face signs shall be considered cabinet signs. Freestanding letters, numerals or symbols affixed to or painted on a wall or similar surface shall not be considered cabinet signs.

(10)

Changeable copy sign means a sign or part of a sign that is designed so that the characters, letters, or illustrations can be changed or rearranged, manually or electronically, without altering the face or surface of the sign.

(11)

Construction sign means a temporary sign identifying an architect, developer, builder, general contractor, subcontractor, material supplier, and or financing entity participating in construction on the property on which the sign is located.

(12)

Directional sign means a sign which provides onsite directional information for the convenience of the public.

(13)

Freestanding sign means any sign supported by uprights, poles, posts or braces which are situated upon or anchored within the ground. A freestanding sign shall be considered a structure.

(14)

Memorial sign means a monument or plaque designed to commemorate or honor the memory of a person or event, oriented to viewers already on site. Such sign shall be wall mounted or integral to the principal structure. Common examples are a cornerstone or a dedicated plaque.

(15)

Menu or daily special sign means an on-premises attached sign used for the display of a menu or daily special related to a restaurant or other personal service.

(16)

Monument sign means a freestanding sign attached to a continuous structural base, which base is not less than half the width of the message portion of the sign and is permanently affixed to the ground. The term "monument sign" does not include freestanding signs supported by poles.

(17)

Neighborhood identification sign means a monument style sign located in or near a public right-of-way, at or near a neighborhood boundary, displaying the name of a neighborhood.

(18)

Nonconforming sign means a sign which was lawfully existing at the effective date of the ordinance from which this chapter is derived, or subsequent amendment thereto, and which does not conform with the area, height, location, placement, type, number, lighting or other regulation pertaining to signs set forth in this chapter or amendment thereto.

(19)

Off-premises sign means any sign which directs attention to a message, or business, commodity, activity, service or product not conducted, sold, or offered upon the premises where the sign is located. These signs may also be known as location signs, billboards, outdoor advertising signs, or general advertising signs.

(20)

On-premises sign means any sign which directs attention to a business, commodity, activity, service or product conducted, sold, or offered upon the premises where the sign is located.

(21)

Political sign means a sign of any political party, group, or idea; or a sign announcing the candidacy of any individual for any public office.

(22)

Portable sign means a freestanding temporary sign that is designed to be moved easily, and is not permanently affixed to the ground.

(23)

Projecting sign means a sign which is attached perpendicular to a building wall, roof, facade, canopy, marquee or porch.

(24)

Public service sign means a sign advertising only the name, time and place of any bona fide fair, carnival, festival, bazaar, horse show fund raising activity, or similar event when conducted by or for the benefit of any civic, religious, educational or charitable cause.

(25)

Real estate sign means an on-premises sign for the purpose of advertising the sale or lease, or the completion of the sale or lease, of real estate.

(26)

Temporary campaign, election or civic or public announcement sign means a sign announcing or advertising a political campaign, candidacy for public office, a matter to be voted on at public election, a civic or public meeting, an event for civic or charitable purposes or similar activity of a temporary nature.

(27)

Wall sign means a sign which is painted on or attached flat against a wall, window or other vertical or nearly vertical surface of a building, and which extends no more than 15 inches from the building, and the message portion of which is parallel or nearly parallel to the surface to which the sign is attached.

Sign area means the area of the smallest individual rectangle, triangle or circle or combination of not more than three contiguous rectangles, triangles or circles which will encompass all elements of the sign which form an integral part of the display, including background, borders and structural trim. The area of a double-faced sign shall be construed to be the area of the largest single face of the sign, provided that the two faces are back-to-back or the interior angle formed by them does not exceed 30 degrees. A pole, post or similar structural support for a freestanding sign, including pole covers, shall be considered as part of the sign area if such pole, post, structural support or pole cover exceeds three feet in width or contains an integral part of the sign display.

Sign structure means any portion of a sign, including the area devoted to message or display, and all poles, posts, supports, uprights, bracing, framework, border, background and structural trim.

Skill games means an electronic, computerized, or mechanical contrivance, terminal, machine, or other device that requires the insertion of a coin, currency, ticket, token, or similar object to operate, activate, or play the game, the outcome of which is determined by any element of skill of the player and that may deliver or entitle the person playing or operating the device to receive cash, cash equivalents, gift cards, vouchers, billets, tickets, tokens, or electronic credits to be exchanged for cash, merchandise, or anything of value whether the payoff is made automatically from the device or manually. No distributor or operator shall locate more than eight skill games at any state alcohol and safety retail licensed establishment, provided that such use is not in violation of any applicable law, regulation or ordinance regarding illegal gambling.

Solar energy facility means a small-scale, medium-scale or utility-scale solar energy facility.

Solar energy facility owner means the person or entity that owns all or a portion of the solar energy facility, whether or not it owns the real estate upon which the solar energy facility is constructed.

Solar energy facility, small-scale, means a solar energy facility that either generates less than 15 kilowatts (kW) electricity from sunlight, consisting of one or more photovoltaic (PV) systems and other appurtenant structures and facilities within the boundaries of the site; or utilizes sunlight as an energy source to heat or cool buildings, heat or cool water, or produce electrical or mechanical power by means of any combination of collecting, transferring, or converting solar-generated energy; and meets at least one of the following criteria: has a disturbance zone equal to or less than an acre; is mounted on or over a building, parking lot, or other previously disturbed area; or utilizes integrated PV only.

Solar facility, medium-scale, means a solar energy facility that generates electricity from sunlight primarily to reduce onsite consumption of utility power for commercial and industrial applications. Sites are between one to three acres with a maximum capacity of 999 kW.

Solar facility, utility-scale, means a solar energy facility that generates electricity from sunlight which will be used to provide electricity to a utility provider. Sites are generally over two acres and have a capacity in excess of one megawatt (1 MW).

Special exception means an activity or feature specified in this chapter as permitted in a particular district or under specified circumstances by approval of the board of zoning appeals pursuant to the provisions of article II, division 5 of this chapter.

Special use means 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 appropriate conditions and with adequate public review. Special uses are allowed only at the discretion and approval of the town council, following review and recommendation by the planning commission in accordance with article II, division 4 of this chapter.

Special use manufactured house means manufactured homes that are 24 or more feet in width and are compatible in appearance with the predominant general character of single-family dwellings in the immediate area of the manufactured home, and meet the following standards:

(1)

Manufactured homes shall be situated on permanent foundations with full perimeter masonry skirting;

(2)

The roof pitch shall be not less than 5/12 ;

(3)

Siding and roof materials shall be of residential type and appearance;

(4)

A front porch and front door shall be provided with orientation to the street on which the lot fronts;

(5)

Manufactured homes shall not be located within the boundaries of the town historic district as identified in the comprehensive plan;

(6)

Manufactured homes shall be subject to all other regulations and requirements applicable to single-family dwellings in this district;

(7)

The manufactured home unit shall be installed within one year of approval of the special use permit by the town council;

(8)

Footers shall be installed before delivery of the home;

(9)

The applicant shall assemble the home within 15 days of delivery to the installation site.

Stable, commercial, means the boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non-paying guests. The term "commercial stable" includes riding academies.

Street means the right-of-way within which lies a public or private thoroughfare which affords or is intended for the purpose of affording the principal means of vehicular access to abutting property.

Street line means the right-of-way line of a street or the boundary line of a private street or access easement.

Structural alteration means any change in the supporting members of a structure, including foundations, bearing walls, bearing partitions, columns, beams or girders, or any change in the supporting members of the roof of a structure or in the means of egress of a structure.

Structure means anything which 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, walls, fences, signs, manufactured homes and swimming pools.

Structure height means the distance between the highest point of any structure, and the lowest grade adjacent to the structure.

Survey plat means a document prepared by a registered surveyor or engineer licensed to practice in the state which delineates property lines and shows monuments and other landmarks for the purpose of identifying property. At a minimum, a survey plat shall show the following:

(1)

North arrow, scale of plans, preparation date, revision dates and names, addresses and telephone numbers of preparer and property owner;

(2)

Boundary survey of the property showing property lines, distances and bearings and existing and proposed easements and street right-of-way lines;

(3)

Location, size, shape, and dimensions of all proposed and existing structures on the property.

Tattoo parlor means any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin. Tattoo parlors are permitted only by special use permit in the B-2 General Business District and the B-4 Downtown Business Expansion District.

Taxi and limousine service means a vehicle for hire business using motor vehicles or motor cars operated by a chauffeur or driver for the transportation of passengers, which do not operate over a fixed or definite route. The term "taxi and limousine service" shall not apply to common carriers operating as public carriers by authority of the state corporation commission.

Traditional neighborhood mixed use development (TND) means a development that incorporates established, traditional neighborhood and community planning principles and exhibits connected access to public services and facilities, complementary architecture and building patterns, diversity of housing types, mixture of supporting small businesses, connected transportation and pedestrian systems, and public spaces and recreational facilities. See section 56-799.

Transportation terminal means 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 or commercial vehicle means any vehicle that exceeds an empty weight of 5,000 pounds and is designed or regularly used for carrying freight, merchandise, or more than ten passengers, including buses. Empty weight shall be that which is identified as such for vehicle registration purposes by the state department of motor vehicles.

Use means the principal purpose, activity, or operation for which a lot, or a building or other structure located thereon, is designed, arranged, or intended to be maintained or occupied.

Use, temporary, means any use which is conducted for a period not exceeding 30 consecutive days and which is not re-established within a period of 90 days.

Utility vehicle means a motor vehicle that is designed for off-road use, powered by an engine of no more than 25 horsepower, and used for general maintenance, security, agricultural, or horticultural purposes. The term "utility vehicle" does not include all-terrain vehicles, as defined in this section, riding lawn mowers, or any other vehicle whose definition is included in this section.

Vehicle means every device in, on or by which any person or property is or may be transported or drawn on a highway, except devices moved by human power or used exclusively on stationary rails or tracks.

Vehicle sales, seasonal, means a use where recreational or seasonal motor vehicles such as motorcycles, ATVs or watercraft are sold or leased to the public and may include the servicing, repair and ancillary sale of vehicle parts or accessories and administrative functions associated with the use.

Veterinary hospital/clinic means 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.

Yard means an open space on a lot, unoccupied and unobstructed by any structure or portion of a structure from the ground upward, except as otherwise provided in article IV, division 3 of this chapter. (For projections and encroachments in yards and for yards on corner lots and through lots, see article IV, division 3 of this chapter.)

Yard, front, means a yard extending the full width of a lot and being adjacent and parallel to the street frontage of the lot.

Yard, rear, means a yard adjacent and parallel to the rear lot line of a lot and extending the full width of the lot.

Yard, side, means a yard adjacent and parallel to the side lot line of a lot and extending from the required front yard to the required rear yard. On irregular shaped lots, any yard adjacent to a lot line to which the yard definitions of this article do not clearly apply shall be considered a side yard.

(Code 1996, § 114-2; Ord. of 2-10-2014, § 2; Ord. of 5-12-2014, § IV; Ord. of 5-11-2015(1) , § II; Ord. of 6-8-2015(1) , § II; Ord. of 4-9-2018 , § IV; Ord. of 10-5-2020, § IV)

This chapter is adopted by the town council pursuant to the provisions Code of Virginia, §§ 15.2-2280 and 15.2-2281, as amended.

(1)

References to state code. All references to specific sections of the state code shall be construed as references to successor sections mutatis mutandis.

(2)

Jurisdiction. The provisions of this article shall apply to all property within the corporate limits of the town.

(Code 1996, § 114-4; Ord. of 2-10-2014, § 2)

The zoning regulations and districts set forth in this article are for the general purpose of promoting the health, safety and general welfare of the public and of further accomplishing the objectives of Code of Virginia, § 15.2-2200, as amended. To these ends, this chapter is designed to give reasonable consideration to each of the following purposes, where applicable, to:

(1)

Provide for adequate light, air, convenience of access and safety from fire, flood, crime and other dangers;

(2)

Reduce or prevent congestion in the public streets;

(3)

Facilitate the creation of a convenient, attractive and harmonious community;

(4)

Facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;

(5)

Protect against destruction of or encroachment upon historic buildings or areas;

(6)

Protect against one or more of the following: overcrowding of land, undue density of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation or loss of life, health or property from fire, flood, panic or other dangers;

(7)

Encourage economic development activities that provide desirable employment and enlarge the tax base;

(8)

Provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment;

(9)

Protect approach slopes and other safety areas of licensed airports;

(10)

Promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the town as well as a reasonable proportion of the current and future needs of the planning district within which the town is situated; and

(11)

Protect surface water and groundwater resources.

(Code 1996, § 114-5; Ord. of 2-10-2014, § 2)

Pursuant to the requirements of Code of Virginia, § 15.2-2284, as amended, the regulations contained in this chapter and the districts established by this chapter have been established with reasonable consideration for:

(1)

The existing use and character of property;

(2)

The comprehensive plan of the town;

(3)

The suitability of property for various uses;

(4)

Trends of growth or change in the town;

(5)

Current and future requirements of the town as to land for various purposes as determined by population and economic studies and other studies carried out through the comprehensive plan;

(6)

Transportation requirements of the town, and requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services;

(7)

Conservation of natural resources, preservation of floodplains and preservation of agricultural and forestal land;

(8)

Conservation of properties and their values; and

(9)

Encouragement of the most appropriate use of land throughout the town.

(Code 1996, § 114-6; Ord. of 2-10-2014, § 2)

This chapter shall become effective as of the date of adoption of the ordinance from which this chapter is derived by the town council as provided by law, said date being February 10, 2014.

(Code 1996, § 114-7; Ord. of 2-10-2014, § 2)

In order to carry out the purposes of this chapter, the following zoning districts are hereby established:

Table 58-8. Zoning Districts

(Code 1996, § 114-8; Ord. of 2-10-2014, § 2)

(a)

The locations and the boundaries of the zoning districts established by this chapter, other than the flood hazard areas, shall be as shown on the official zoning map which, together with all notations and explanatory matter shown thereon, is hereby made a part of this chapter. The locations and the boundaries of the flood hazard areas are shown as described in article III of this chapter.

(b)

The location and boundaries of the districts established by this article are set forth and shown on the official zoning map, consisting of data maintained within the town's geographical information system (GIS), which data shall be identified as "South Boston Zoning Map."

(Code 1996, § 114-9; Ord. of 2-10-2014, § 2)

(a)

Endorsement and location of zoning map. The official zoning map shall be maintained for public view in the office of the zoning administrator, and shall not be removed from that office except for official purposes.

(b)

Recording amendments on zoning map. Whenever an amendment is made to the zoning district boundaries or other matter shown on the official zoning map by ordinance adopted by the town council, the zoning administrator shall see that the amendment is properly recorded on the map, along with the effective date and nature of the amendment. Each amendment shall be recorded as soon as practicable after its adoption.

(c)

Relation of map to ordinance adopting an amendment. The effective date of any amendment to the zoning district boundaries shall be the effective date of the ordinance providing for the amendment. Any delay in recording, failure to record, or any error in depicting an amendment on the official zoning map shall not affect the validity of the ordinance providing for the amendment.

(d)

Unauthorized changes on zoning map. It shall be unlawful for any person to make changes on the official zoning map except when authorized by the zoning administrator for official purposes and in accordance with the provisions of this article. Any unauthorized change shall be considered a violation of this chapter.

(Code 1996, § 114-10; Ord. of 2-10-2014, § 2)

The zoning administrator shall see that copies of the official zoning map are made in such numbers, in such form and for such purposes as deemed appropriate by the zoning administrator. In the case of any discrepancy between the official zoning map and any copy, the official zoning map shall be the final authority.

(Code 1996, § 114-11; Ord. of 2-10-2014, § 2)

In any case where uncertainty exists with respect to the location of a boundary of any of the districts shown on the official zoning map, the following rules shall apply:

(1)

Where a discrepancy exists between a district boundary shown on the zoning map and that which is described in the text of the ordinance establishing such boundary, the text of the ordinance shall govern.

(2)

Where district boundaries are shown or described by specific dimensions, such dimensions shall govern.

(3)

Where district boundaries appear to follow street, alley, property or corporation lines, or appear to follow the centerlines of streets, alleys, or watercourses, such boundaries shall be construed as following such lines. The location of any street, alley, property line, corporation line, or watercourse used as a district boundary shall be the location in existence at the time of adoption of the ordinance establishing the boundary.

(4)

Where district boundaries appear parallel to, perpendicular to, or as extensions of centerlines, property lines or other features, they shall be so construed.

(5)

Where district boundaries are not described in any ordinance and do not appear to follow any centerlines, street lines, property lines or other features, the location of such district boundaries shall be determined by measurement on the zoning map in accordance with its scale.

(6)

In any case where the location of a district boundary cannot be established by application of these rules, or where subsequent dispute or uncertainty exists, the location of such boundary shall be determined by the board of zoning appeals in accordance with the provisions of article II, division 5 of this chapter.

(Code 1996, § 114-12; Ord. of 2-10-2014, § 2)

Whenever any street, alley or other public way is officially vacated, the zoning districts adjoining each side of such street, alley or other public way shall automatically be extended to the center of the area of such vacation, and the vacated area shall be subject to all applicable regulations of the extended districts.

(Code 1996, § 114-13; Ord. of 2-10-2014, § 2)

(a)

Unclassified areas. Any area for which no zoning classification is shown on the official zoning map shall be construed as being within the R-1 Low Density Residential District until otherwise designated by ordinance adopted by the town council.

(b)

Annexed territory. Any territory hereafter annexed to the town shall be construed as being within the R-1 Low Density Residential District until otherwise designated by ordinance adopted by the town council.

(Code 1996, § 114-14; Ord. of 2-10-2014, § 2)

Except as provided in article II, division 7 of this chapter, pertaining to nonconforming uses and features, no building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, expanded, converted to another use or structurally altered except in conformity with all of the regulations specified for the district in which such building, structure or land is located and with all other applicable provisions of this chapter.

(Code 1996, § 114-15; Ord. of 2-10-2014, § 2)

(a)

Provisions are minimum requirements. The provisions of this chapter shall be construed to be minimum requirements, unless specifically indicated to the contrary.

(b)

Conflict with other requirements. Where a requirement imposed by this chapter is at variance with any other provision of this chapter or with the requirements of any other lawfully adopted regulation, the more restrictive requirement, or that which imposes the higher standard, shall govern.

(c)

Permitted uses. Permitted uses listed in the district regulations contained in article II, division 7 of this chapter, shall be permitted in the respective districts, provided they comply with all applicable provisions of this chapter. All other uses shall be prohibited.

(d)

Private covenants and restrictions. The provisions of this chapter shall not be construed to affect, interfere with, or abrogate any condition, covenant, limitation or restriction contained in any deed, contract or other private agreement relating to the use of any land, building or structure, provided that whenever the provisions of this chapter impose greater restrictions on such use than are imposed by any condition, covenant, limitation or restriction, the provisions of this chapter shall govern.

(Code 1996, § 114-16; Ord. of 2-10-2014, § 2)

No lot area, yard, open space, parking space, or other feature required by this chapter shall be reduced or eliminated except in conformity with the regulations established by this chapter. Any such reduction or elimination resulting from a taking for public purpose by a governmental authority shall not be considered a violation of the provisions of this chapter. Any property so affected by such taking shall be subject to the applicable provisions of article II, division 7 of this chapter, pertaining to nonconforming uses and features.

(Code 1996, § 114-17; Ord. of 2-10-2014, § 2)

No part of any lot, yard, open space, parking space, or other feature required by this chapter for a building, structure or use shall be considered as lot, yard, open space, parking space, or other feature for any other building, structure or use, except as may be specifically permitted by this chapter.

(Code 1996, § 114-18; Ord. of 2-10-2014, § 2)

Buildings, structures and uses lawfully existing at the effective date of the ordinance from which this chapter is derived or subsequent amendment thereto may be continued subject to the provisions of article II, division 7 of this chapter, pertaining to nonconforming uses and features.

(Code 1996, § 114-19; Ord. of 2-10-2014, § 2)

Any lot of record which was lawfully established prior to the effective date of the ordinance from which this chapter is derived or subsequent amendment thereto, and which does not conform with the minimum area or width requirement for the district in which it is situated, may be devoted to single-family dwelling or manufactured home use if such use is normally permitted in the district, provided that all other applicable provisions of this chapter and applicable provisions of other laws and health regulations are met.

(Code 1996, § 114-20; Ord. of 2-10-2014, § 2)

Zoning permits, site plans, special use permits and other approvals required by this chapter are granted on the basis of specific applications or plans, and shall authorize only the construction, arrangement or use set forth by such approved applications or plans. Any construction, arrangement or use not in compliance with that which is specifically authorized by approved applications or plans shall be considered a violation of this chapter.

(Code 1996, § 114-21; Ord. of 2-10-2014, § 2)

Nothing contained in this chapter shall be construed to require any change in the plans, construction or intended use of any building or structure for which a permit was lawfully issued prior to the effective date of the ordinance from which this chapter is derived or subsequent amendment thereto, provided that the authorized construction is commenced or use is established prior to the expiration of such permit as specified by the provisions of this chapter or other applicable laws. In any case where a permit expires or ceases to be valid, or where construction is abandoned for a period of 12 consecutive months or greater, further construction and use shall conform with the applicable provisions of this chapter.

(Code 1996, § 114-22; Ord. of 2-10-2014, § 2)

The town council may establish by general rule fees to cover any part of the cost of making inspections, issuing permits, advertising, giving notice, and other expenses pertaining to the administration of this chapter or to the processing of applications, appeals or amendments. All applications for approvals or other actions for which fees are specified shall be accompanied by the required application fee. A schedule of such fees shall be made available in the office of the zoning administrator.

(Code 1996, § 114-23; Ord. of 2-10-2014, § 2)

No application for a special use permit, zoning permit, variance, rezoning, building permit, land disturbing permit, or any other application approval, required under this chapter, shall be accepted or processed for any property with delinquent real estate taxes, nuisances charges, or any other charges or fees that constitute a lien on the subject property, that have been properly assessed against the subject property and are owed to the town. Any such application shall be immediately returned to the applicant without action and with notices given by the zoning administrator that any future application submittal for the subject property shall be accompanied by satisfactory evidence that any and all delinquent taxes, charges, and fees have been fully paid.

(Code 1996, § 114-24; Ord. of 2-9-2015(1) , § V)