The following general rules of construction shall apply to the regulations of this chapter:

(1)

The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary.

(2)

Words used in the present tense include the past and future tenses, and the future the present.

(3)

The word "shall" is always mandatory. The word "may" is permissive.

(4)

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

(5)

Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage.

(6)

The terms "main" and "principal" as used herein are synonymous.

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Abattoir means a commercial slaughterhouse.

Accessory dwelling unit (ADU) means a permanent single-family dwelling as defined herein which shall only be located within, attached to, or on the same tax parcel as a single-family detached dwelling designated as the principal residential use on a parcel. The accessory dwelling unit shall be secondary to the principal residential use of the property, and development standards are found in setion 18-424(h)(8) of the Southampton County Code.

Accessory use or structure means a subordinate use or structure customarily incidental and located upon the same lot occupied by the main use or building.

Acreage means a parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat.

Administrator, the, means the zoning administrator of the county, the official charged with the enforcement of this chapter. He may be any appointed or elected official who is by formal resolution designated to the position by the board of supervisors. He may serve with or without compensation as determined by the board of supervisors.

Adult arcade means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines for viewing by five (5) or fewer persons each are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult bookstore means an establishment that has a substantial portion of its stock-in-trade (substantial portion meaning twenty-five (25) percent or more of gross sales or inventory on hand, whichever is greater) and offers for sale, for any form of consideration, any one or more of the following: (1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or (2) instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

Adult cabaret means a nightclub, bar, restaurant, or similar establishment that features live performances characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion (substantial portion meaning twenty-five (25) percent or more) of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult day health care center or "ADHC" means a DMAS—Enrolled provider that offers a community-based day program providing a variety of heath, therapeutic, and social services designed to meet the specialized needs of those elderly and disabled individuals at risk of placement in a nursing facility. The ADHC must be licensed by the Virginia Department of Social Services as an adult day care center (ADC) as defined in 22VAC40-60-10.

Adult motion picture theater means an establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion (substantial portion meaning twenty-five (25) percent or more) of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium, or similar establishment characterized by activities featuring the exposure of specified anatomical areas or by specified sexual activities.

Agriculture, general, means farming and forestry, including tilling the soil, raising of crops, truck gardens, field crops, orchards or nurseries for growing or propagation and harvesting of plants, turf, trees and shrubs and in general uses commonly classed as general agriculture, including use of heavy cultivating and tree harvesting machinery, spray planes and irrigating machinery, and the raising of livestock, including aquaculture, but not intensive agriculture as herein defined and not commercial slaughtering or processing of animals or poultry. (§3.2-303 of the 1950 Code of Virginia, as amended)

Agriculture, intensive, means those intensive agricultural operations commonly known as confinement operations where large numbers of animals or fowl are confined to a relatively small space and therefore tend to produce odors, flies, rats and noise and may contaminate ground and surface waters, and which include such operations as hog, veal and poultry pens or houses, feedlots for beef, sheep and other animals, and dairy farming operations. For the purpose of this chapter any enclosure, pen or building for the concentrated confinement of livestock or poultry wherein more than three hundred (300) veal animals, slaughter or feeder cattle, two hundred (200) mature dairy cattle, seven hundred fifty (750) swine, one hundred fifty (150) horses, five hundred (500) sheep, lambs, goats or similar animals, five thousand five hundred (5,500) turkeys or ten thousand (10,000) laying hens or broilers are confined or housed shall constitute intensive agriculture. Enclosed pasture or range where grass is maintained for ten (10) months of the year or where animals are confined at no more than fifteen (15) adult animals per acre for no longer than one hundred and twenty (120) continuous days shall not constitute intensive agriculture.

Alteration means any change in the total floor area, use, adaptability or external appearance of an existing structure.

Apartment house means a building used or intended to be used as the residence of three (3) or more families living independently of each other.

Auction barn means a commercial establishment where items are collected for sale and auctioned off. Storage of items shall be within a completely enclosed permanent structure when said items are not involved in an auction. This shall not be interpreted to include farm auctions or farm sales, when accessory to a farm, although farm equipment may be included as part of the items to be auctioned at an auction barn.

Automobile graveyard means any lot or place which is exposed to the weather upon which more than five (5) motor vehicles of any kind, incapable of being operated, are placed.

Basement means a story having part but not more than one-half of its height below grade. A basement shall be counted as a story for the purpose of height regulations, if it is used for business purposes, or for dwelling purposes by other than a janitor employed on the premises.

Bed and breakfast inn means a single-family dwelling which, incidental to single-family occupancy, offers not more than four (4) bedrooms for short-term transient occupancy for compensation and where food service for resident guests is limited to breakfast only.

Boardinghouse means a building where, for compensation, lodging and meals are provided for at least five (5) and up to fourteen (14) persons.

Buffer zone means an area of land set aside as part of a development plan, upon which no structures are permitted.

Building means any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals or chattels.

Building, accessory, means a subordinate structure customarily incidental to and located upon the same lot occupied by the main structure. No such accessory structure shall be used for housekeeping purposes.

Building, height of, means the vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the structure to the highest point of the roof if a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building.

Building line or setback line means a line that establishes the area within which the principal building or structure must be erected or placed and which may be located by means of a plat of subdivision or site plan at a distance greater than but in no case less than the minimum setbacks or yard spaces required by this chapter.

Building, main, means the principal structure or one (1) of the principal buildings on a lot, or the building or one (1) of the principal buildings housing the principal use on the lot.

Camping area means a parcel of land used as a camping site for camping purposes only.

Canine training facility, commercial: A contained or fenced area of land consisting of a minimum of one hundred (100) acres used for the sole purpose of training dogs to chase, run or tree non-domestic animals as a public or private commercial endeavor in which a fee may be charged and is normally used by participants other than the landowner.

Cellar means a story having more than one-half of its height below grade.

Child day care center means facilities or programs for the care of more than four (4) children away from their home for any part of a twenty-four-hour day, for compensation or otherwise.

Commission means the planning commission of the county.

Common open space means a parcel or parcels of land or an area of water, or a combination of land and water as may appear on an approved site plan, within the site designated for a residential development, and designed and intended for the use or enjoyment of residents of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the development.

Comprehensive plan means the comprehensive plan of the county.

Condominium means real property and any incidentals thereto or interests therein which have been or are to be lawfully established as such under the Virginia Condominium Act.

Convalescent, nursing or rest home means any institution however named, whether conducted for charity or for profit, which is advertised, announced or maintained for the express or implied purpose of caring for two (2) or more nonrelated persons admitted thereto for the purpose of nursing or convalescent care. Nursing and convalescent care includes care given because of prolonged illness or defect or during the recovery from injury or disease, and includes any and all of the procedures commonly employed in waiting on the sick, such as administration of medicine, preparation of special diets, giving of bedside care, application of dressing and bandages, and the carrying out of treatments prescribed by a duly licensed practitioner of medicine.

Convenience store means retail establishment offering for sale prepackaged food products, motor vehicle petroleum products, household items, and other goods commonly associated with the same and having a gross floor area of less than three thousand (3,000) square feet.

Dairy means a commercial establishment for the manufacture and sale of milk products.

District means districts as referred to in Code of Virginia, §15.1-486.

Dump heap (trash pile) means an area of one hundred (100) square feet or more lying more than one thousand (1,000) feet from a residence, a dairy barn or food handling establishment where trash, garbage or other waste or scrap material is dumped or deposited.

Dwelling means any structure which is designed for use for residential purposes except hotels, boardinghouses, lodging houses, tourist cabins, automobile trailers, motels and rooming- houses.

Dwelling, duplex, means a structure arranged or designed to be occupied by two (2) families.

Dwelling, multifamily, means a structure arranged or designed to be occupied by three (3) or more families.

Dwelling, single-family, means a structure arranged or designed to be occupied by one (1) family, and a structure being only for a dwelling unit, but not including manufactured homes as defined elsewhere in this section.

Dwelling unit means one (1) or more rooms in a dwelling designed for living or sleeping purposes and having at least one (1) kitchen.

Event venue means real property, typically in a rural setting, with or without permanent structures for the purpose of housing private social events not open to the general public, including, but not limited to, weddings, wedding rehearsals, or wedding parties, with or without live entertainment, where food and drink may be consumed on site, but which provides no overnight accommodations, only permitted with a conditional use permit, in accordance with the provisions of sections 18-511 and 18-512 of the Southampton County Code.

Family means a group of not more than four (4) persons not related by blood, marriage, adoption, guardianship or not living in an approved foster care program, living together as a single household in a dwelling unit. This definition includes a residential facility in which no more than eight (8) individuals with mental illness, intellectual disability, or developmental disabilities reside, with one (1) or more resident or nonresident staff persons, as a single family. This definition also includes a residential facility in which no more than eight (8) aged, infirmed or disabled persons reside, with one (1) or more resident counselors or other staff persons, as a single family. (§15.2-2291 of the 1950 Code of Virginia, as amended)

Farmer's market means a year-round or seasonal open air or permanent facility, marketing itself as a farmers' market, where multiple farmers come to sell their products to the consumer. (22VAC30-551-10)

Farm pond means a pond constructed whereupon all the minerals and overburden remain on the farm for the purpose of maintaining the paths and roads thereon.

Firewood operation means a parcel of land on which timber cut from other parcels of land is deposited for the purpose of cutting and splitting the same for resale into lengths of wood suitable for solid fuel use, as in fireplaces and wood burning stoves.

Frontage means:

(1)

Street (or road) frontage. All of the property on one (1) side of a street or road between two (2) intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead-ended, then all of the property abutting on one (1) side between an intersecting street and the dead-end of the street.

(2)

Lot frontage. The distance for which the front boundary line of the lot and the street or road line are coincident.

Garage, private, means an accessory building designed or used for the storage of not more than three (3) automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of one and one-half (1½) times as many automobiles as there are dwelling units.

Garage, public, means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor-driven vehicles.

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

General store, country, means a single store, the ground floor area of which is four thousand (4,000) square feet or less and which offers for sale primarily most of the following articles: Bread, milk, cheese, canned and bottled foods and drinks, tobacco products, candy, papers and magazines and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity of a country general store.

Golf course means any golf course, publicly or privately owned on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges as defined herein.

Golf driving range means a limited area on which golf players do not walk but onto which they drive golf balls from a central driving tee.

Governing body means the board of supervisors of the county.

Gross floor area means the sum of the areas of the several floors of a building, including areas used for human occupancy in basements and attics as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.

Guest room means a room which is intended, arranged or designed to be occupied, or which is occupied, by one (1) or more guests paying direct or indirect compensation therefor, but in which no provision is made for cooking, and not including dormitories.

Home garden means a garden in a residential district for the production of vegetables, fruits and flowers generally for use or consumption by the occupants of the premises.

Home occupation, rural, means any occupation, profession, enterprise or activity conducted within a dwelling or detached accessory structure, in connection with which there are employed not more than two (2) persons other than members of the family residing on the premises, which is incidental and secondary to the use of the premises for dwelling, provided that:

(1)

Not more than twenty-five (25) percent of the floor area of the dwelling shall be used in the conduct of the home occupation and in no event shall the total floor area of the dwelling, accessory structure, or both, devoted to such occupation exceed one thousand five hundred (1,500) square feet;

(2)

There shall be no change in the outside appearance of the buildings or premises other than one (1) sign which shall not exceed thirty-two (32) square feet;

(3)

There shall be no sales on the premises other than items handcrafted thereon;

(4)

Accessory structures shall be similar in facade to a single-family dwelling, private garage, shed, barn or other structure normally expected in a rural or residential area and shall be specifically compatible in design and scale with other development in the area in which it is located;

(5)

There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable from the property line;

(6)

All exterior storage on the premises of material used in the home occupation shall be effectively screened with a uniform solid board fence, masonry wall, evergreen hedge and shall conceal the contents thereon from view from all public highways and adjacent properties.

Within the above requirements a home occupation includes, but is not limited to the following:

(1)

All uses permitted as home occupations, urban, hereinbelow;

(2)

Retail sale of agricultural products principally produced on the farm;

(3)

Facilities for service and repair of agricultural equipment and incidental sales of parts or supplies;

(4)

Blacksmith and tool sharpening shops;

(5)

Carpentry shops;

(6)

Woodworking, furniture, upholstery, and cabinet making shops;

(7)

Metalworking shops provided all processing activities of the occupation are conducted within a totally enclosed building;

(8)

Boarding and breeding kennels/stables for up to five (5) animals;

Home occupation, however, shall not be interpreted to include automotive repair shops, automotive body and fender shops, antique shops, nursing homes, convalescent homes, rest homes, day care for more than five (5) children, restaurants, mortuaries, funeral homes, tea rooms, tourist homes, veterinary clinics, stables or kennels for more than five (5) animals, fortune tellers, massage parlors or similar establishments offering services to the general public.

Home occupation, urban, means any occupation, profession, enterprise or activity conducted entirely within a dwelling and carried on by not more than two (2) individuals, one of whom is the principal occupant, which is incidental and secondary to the use of the premises for dwelling, provided that:

(1)

The total area used for such purpose shall not exceed the equivalent of one-fourth the floor area, in square feet, of the first floor of the users' dwelling unit, but in no instance shall this area exceed three hundred (300) square feet;

(2)

There shall be no advertising, display or other indication of a home occupation on the premises;

(3)

There shall be no change in the outside appearance of the building or premises;

(4)

There shall be no sales on the premises other than items handcrafted thereon;

(5)

There shall be no exterior storage on the premises of material used in the home occupation;

(6)

There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line;

(7)

Off-street parking of at least two (2) spaces in addition to those required for the dwelling are provided on the same lot as the home occupation.

Within the above requirements a home occupation includes, but is not limited to the following:

(1)

Art and photography studio;

(2)

Crafts shop;

(3)

Beauty or barber shop;

(4)

Dressmaking, sewing or drapery work;

(5)

Preparation of food products for consumption off-premises;

(6)

Professional office of a physician, dentist, minister, lawyer, engineer, architect, accountant, salesman, typist or similar occupation;

(7)

Teaching, with musical instruction limited to two pupils at one time;

(8)

Home day care for five (5) or fewer children;

(9)

Keeping of not more than two (2) roomers or boarders;

however, a home occupation shall not be interpreted to include antique shops, nursing homes, convalescent homes, rest homes, day care for more than five (5) children, restaurants, mortuaries, funeral homes, tea rooms, tourist homes, veterinary clinics, stables or kennels, fortune tellers, massage parlors or similar establishments offering services to the general public.

Hospital means a building or group of buildings, having room facilities for overnight patients, used for providing services for the in-patient medical or surgical care of sick or injured humans, and which may include related facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations.

Hotel means a building designed or occupied as the more or less temporary abiding place for fourteen (14) or more individuals who are, for compensation, lodged with or without meals and in which provision is not generally made for cooking in individual rooms or suites.

Hunting club, commercial means a property containing a structure or structures used to advance the hunting and social activities of the public, typically on a day-to-day basis. Advertising to the public for a commercial hunting club may occur. Principal structure may contain kitchen, sanitary facilities, living/gathering areas, and sleeping quarters. Travel campers may be approved as part of a commercial hunting club as part of the required conditional use permit application, subject to the requirements for campgrounds in section 18-518 of the Southampton County Code. Hunting may take place on the property of a commercial hunting club, subject to the requirements of the Virginia Department of Wildlife Resources. Prey for hunting may be brought to the commercial hunting club property. Cleaning and preparation of the animals harvested by the commercial hunting club may take place on the property, in the main hunting club structure or in accessory buildings that may contain refrigeration facilities. Commerce in the way of sales of goods and services, including food, beverages, and hunting or other supplies, may take place on the property. Standards for kennels accessory to a commercial hunting club are found in section 18-51 of the Southampton County Code.

Hunting club, private means a property containing a structure or structures used to advance the hunting and social activities of recognized members of a private hunting club. Principal structure may contain kitchen, sanitary facilities, and living/meeting areas. Hunting does not typically take place on the property of a private hunting club; the hunting club property is used as a meeting or gathering place. Use of the property for camping is only permitted with a conditional use permit for a campground, subject to section 18-518 of the Southampton County Code. Cleaning and preparation of the animals harvested by the hunting club may take place on the hunting club property, in the main hunting club structure or in accessory buildings that may contain refrigeration facilities. Commerce in the way of the sale of goods or services, including food, beverages and hunting or other supplies, does not take place within the hunting club property. Standards for hunting club kennels accessory to a private hunting club are found in section 18-51 of the Southampton County Code.

Industrialized building means a combination of one (1) or more sections or modules, subject to state regulations and including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components to comprise a finished building. For the purpose of this chapter, the term "industrialized building" shall not include modular home, manufactured home or mobile home.

Junkyard means the use of any area of land lying within one hundred (100) feet of a state highway or the use of more than two hundred (200) square feet of land area in any location for the storage, keeping or abandonment of junk including scrap metals or other scrap materials. The term "junkyard" shall include the term "automobile graveyard."

Kennel, commercial, means a place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation..

Kennel, hunt club, means a place, enclosure or enclosed area where more than five (5) adult dogs are kept for use in legal hunting activities and are accessory to primary use of the property as a hunt club. Adult dogs are those being four (4) months of age or older.

Kennel, private, means a place, enclosure or enclosed area where more than five (5) adult dogs are kept for personal companionship and are accessory to the primary use of the property. Adult dogs are those being four (4) months of age or older.

Landowner means the legal or beneficial owner or owners of all of the land proposed to be included in a request to the board of supervisors. The holder of an option or contract to purchase, a lessee having a remaining term of not less than forty (40) years or other person having an enforceable proprietary interest in such land shall be deemed to be a landowner for the purposes of this chapter.

Livestock means and includes swine, cattle, sheep, goats, horses, poultry or other animals or fowl.

Livestock market means a commercial establishment wherein livestock is collected for sale and auctioned off.

Livestock operation means any enclosure, pen or building for the confinement of livestock or poultry wherein more than forty (40) swine, twenty (20) sheep, lambs, goats, or similar animals, ten (10) veal, slaughter, feeder, or dairy cattle, fifty (50) laying hens, or broilers, or ten (10) horses are confined or housed. For the purpose of this chapter, the term livestock operation shall not apply to those operations with numbers large enough to be considered intensive agriculture under the terms of this chapter.

Lodge means a building used by an organization operating for one (1) or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic or religious purposes for the benefit of its members, which may also be extended to others. For purposes of zoning, a lodge shall include assembly and other related uses, but no overnight accommodations.

Lot means a parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot widths and lot areas as are required by this chapter, and having frontage upon a street, either shown on a plat of record or considered as a unit of property and described by metes and bounds.

Lot, corner, means a lot abutting on two (2) or more streets at their intersection. Of the two (2) sides of a corner lot, the front shall be deemed to be the shortest of the two (2) sides fronting on streets.

Lot, depth of, means the average horizontal distance between the front and rear lot lines.

Lot, double-frontage, means an interior lot having frontage on two (2) streets.

Lot, interior, means any lot other than a corner lot.

Lot, width of, means the horizontal distance between the side lot lines measured at the front building setback line.

Lot of record means a lot which has been recorded in the clerk's office of the circuit court.

Manufacture or manufacturing means the processing or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character, or for use for a different purpose.

Manufactured home means a structure subject to federal regulation which is transportable in one (1) or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning and electrical systems contained in the structure.

Manufactured home, temporary, means a manufactured home used for a period not to exceed two (2) years while a permanent dwelling is under construction on the same lot.

Manufactured home park means a parcel of land under single or common ownership upon which ten (10) or more manufactured homes are located on a continual, nonrecreational basis together with any structure, equipment, road or facility intended for use incidental to the occupancy of the manufactured homes, but shall not include premises used solely for storage or displace of uninhabited manufactures homes, or premises occupied solely by a landowner and members of his family. (§55-248.41 of the 1950 Code of Virginia, as amended)

Manufactured home subdivision means the division of any tract of land into two (2) or more parcels to be developed with manufactured homes on individual parcels, with incidental accessory uses including recreational areas.

Massage parlor means an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

Mentally or physically impaired person means a person who is a resident of Virginia and who requires assistance with two (2) or more activities of daily living, as defined by §63.2-2200 of the 1950 Code Virginia, as amended, as certified in writing provided by a physician licensed by the Commonwealth.

Modular home means a combination of one (1) or more sections or modules, subject to state regulations and including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site without a permanent chassis and transported to the point of use for installation or erection upon a permanent foundation to be used as a single-family dwelling.

Nonconforming activity means the otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located, either on October 1, 1968, or as a result of subsequent amendments to this chapter.

Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located either on October 1, 1968, or as a result of subsequent amendments to this chapter.

Nonconforming structure means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage or other area regulations of this chapter, or is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located, either on October 1, 1968, or as a result of subsequent amendments to this chapter.

Off-street loading area means space within a building or on the premises providing for the standing, loading or unloading of vehicles.

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

Open space (useable residential common open space) means any outdoor area of such location, size, and shape as to provide for specific outdoor living as patios, swimming pools, etc., or outdoor service functions as laundry drying. Area considered as useable common open space must be available for all residential occupants of a given building or project and may include only those spaces enclosing an area of at least three hundred (300) square feet, with a least dimension of fifteen (15) feet or more.

Premises means a lot, together with all buildings and structures thereon.

Primary highway means a highway designated as a state primary highway or U.S. Highway by the adopted comprehensive plan of the county or by the Virginia Department of Transportation.

Public building means a building, or part thereof, owned or leased and occupied and used by an agency or political subdivision of the United States of America, the commonwealth, a county or a town or city.

Public water and sewer systems means a water or sewer system owned and operated by a municipality or county, or owned and operated by a corporation properly chartered and certified by the state corporation commission, and subject to special regulations as set forth in this chapter.

Recreational vehicle means a vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or towed by another vehicle. The basic entities are: travel trailer, camper trailer, truck camper and motor home.

Regulations means the whole body of regulations, text, charts, tables, diagrams, maps, notations, references and symbols contained or referred to in this chapter.

Renewable energy means energy derived from sunlight, wind, falling water, biomass, sustainable or otherwise, (the definitions of which shall be liberally construed), energy from waste, landfill gas, municipal solid waste, wave motion, tides, and geothermal power, and does not include energy derived from coal, oil, natural gas, or nuclear power. Renewable energy shall also include the proportion of the thermal or electric energy from a facility that results from the co-firing of biomass.

Restaurant means any place where food is prepared for service to the public on or off the premises, or any place where food is served. Examples of such places include but not limited to lunchrooms, short order places, cafeterias, coffee shops, cafes, taverns, delicatessens, dining accommodations of public and private clubs, kitchen facilities of hospitals and nursing homes, dining accommodations of public and private schools and colleges, and kitchen areas of local correctional facilities subject to standards adopted under §53.1-68. "Restaurant" shall not include (i) places where packaged or canned foods are manufactured and then distributed to grocery stores or other similar food retailers for sale to the public, (ii) mobile points of service to the general public that are outdoors, or (iii) mobile points of service where such service and consumption occur in an private residence or in any location that is not a public place. "Restaurant" shall include any bar or lounge area that is part of such restaurant.

Secondary highway means a highway designated as a state secondary highway by the adopted comprehensive plan or by the state department of transportation.

Self-service station means an establishment where liquids used as motor fuels are stored and dispersed into fuel tanks of motor vehicles, other than vehicles commonly referred to as tractor trailer, transfer trucks or semitrailers, by persons other than the service station attendant and may include minimal facilities up to one thousand (1,000) square feet for the sale of other retail products.

Service station means any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tuneups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting, body and fender work are conducted or where vehicles commonly referred to as tractor trailers, transfer trucks, or semitrailers are refueled.

Setback means the minimum distance by which any building or structure shall be separated from the front lot line.

Sign. For definitions pertaining to signs, see article XV.

Site plan means a drawing illustrating a proposed development and prepared in accordance with the specifications of article XX.

Special exception means a special use exception, yard exception, or height exception specifically listed in this chapter which may be permitted in a specified district or in all districts in accord with terms of this chapter by the board of zoning appeals under certain conditions, such conditions to be determined in each case by the terms of this chapter and by the board of zoning appeals.

Specified anatomical areas means and includes any of the following: (1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or (2) human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; (4) excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (3) of this definition.

Story means that portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it. If there be no floor above it, the space between the floor and the ceiling next above it.

Story, half, means a space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use.

Street; road means a public thoroughfare which affords principal means of access to abutting property.

Street line means the dividing line between a street or road right-of-way and the contiguous property.

Structure means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground. This includes, among other things, dwellings, buildings, signs, etc., but does not include, among other things, fences to confine livestock for grazing or gleaning purposes.

Temporary family heath care structure means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one (1) occupancy who shall be the mentally or physically impaired person or, in the case of a married couple, two (2) occupants, one (1) of whom is a mentally or physically impaired person, and the other requires assistance with one (1) or more activities of daily living as defined in §63.2-2200 of the 1950 Code of Virginia, as amended, as certified in writing by a physician licensed in the commonwealth; (iii) has no more than three hundred (300) gross squire feet; and (iv) complies with applicable provisions of the Industrialized Building Safety Law and Uniform Statewide Building Code. Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.

Tourist court, autocourt, motel, motor lodge means one (1) or more buildings containing individual sleeping rooms designed for or used temporarily by automobile tourists or transients, with garage or parking space conveniently located to each unit. Cooking facilities may be provided for each unit.

Tourist home means a dwelling where only lodging is provided for compensation for up to fourteen (14) persons, in contradistinction to hotels and boardinghouses, and open to transients.

Townhouse means a single-family attached dwelling unit, which dwelling unit may be sold individually.

Travel trailer means a portable vehicular structure designed as a temporary dwelling for travel, recreational and vacation uses, and not for year-round living; or, a mobile unit less than twenty-nine (29) feet in length and less than four thousand, five hundred (4,500) pounds in weight which is designed for human habitation.

Truck stop means an area usually on or near a major thoroughfare which is designed for and used for parking of tractor trailers or other trucks and is equipped with facilities to supply maintenance and fuel for these trucks, and which may also include a motel, restaurant, convenience store or similar service facility but not including loading or unloading of truck cargo.

Use, accessory means a subordinate use, customarily incidental to and located upon the same lot occupied by the main use.

Variance means a variance from application of the strict terms of this chapter which may be granted in a specific case by the board of zoning appeals under the terms of this chapter and applicable state law.

Wayside stand, roadside stand, wayside market means any structure or land used for the sale of agricultural or horticultural produce, livestock or merchandise produced by the owner or his family on their farm.

Winery: The manufacturing, bottling, and sale of products grown and harvested from a vineyard or orchard.

Winery, farm, means an establishment (i) located on a farm in the Commonwealth with a producing vineyard, orchard, or similar growing area and with the faculties for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains more than twenty-one (21) percent alcohol by volume or (ii) located in the commonwealth with a producing vineyard, orchard or similar growing are or agreements for purchasing grapes or other fruits from agricultural growers within the commonwealth, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than twenty-one (21) percent alcohol by volume. "Farm winery" includes an accredited public or private institution of higher education provided that (a) no wine manufactured by the institution shall be sold, (b) the wine manufactured by the institution shall be used solely for research and educational purposes, (c) the wine manufactured by the institution shall be stored on the premises of such farm winery that shall be separate and apart from all other facilities of the institution, and (d) such farm winery is operated in strict conformance with the requirements of this sentence and board regulations. As used in this definition, the terms "owner" and "lessee" shall include a cooperative formed by an association of individuals for the purpose of manufacturing wine. In the event such cooperative is licensed as a farm winery, the terms "farm" as used in this definition includes all of the land owned or leased by the individual members of the cooperative as long as such land is located in the Commonwealth. (§4.1-100 of the 1950 Code of Virginia, as amended)

Wooded area means an area at least two-thirds covered by the crown growth of trees of an average height of at least twenty-five (25) feet and no part of which is, or could be, used for a field or pasture without clearing of trees and brush.

Yard means an open space on a lot other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

Diagram 1

Yard, front, means a yard lying between the front lot line and the nearest part of the building or use not hereinafter excepted, and extending across the full width of the lot. The front yard depth shall mean the distance, measured horizontally, between any part of the building or use not specifically excepted and the front lot line.

Yard measurement. In measuring a yard, the building line shall be deemed to mean a line parallel to the nearest lot line drawn through the point of a building or the point of a group of buildings nearest to such lot line, and the measurement shall be taken at right angles from the building line to the nearest lot line.

Yard, rear, means a yard lying between the rear lot line and the nearest part of the building not hereinafter excepted, and extending across the full width of the lot. The rear yard depth shall mean the distance, measured horizontally, between any part of the building not specifically excepted and the rear lot line.

Yard, side, means a yard lying between a side lot line and the nearest part of the building or use not hereinafter excepted, and extending from the front yard to the rear yard, or if there be no front or rear yard, to the front or rear lot lines. Side yard width shall mean the shortest distance, measured horizontally, between any part of the building or use not specifically excepted and the nearest side lot line.

(Ord. of 6-18-90, § 19-1.1; Ord. of 12-21-92, § 1; Ord. of 12-21-92, § 1; Ord. of 5-24-93; Ord. of 10-24-94; Ord. of 9-28-98(2); Ord. of 12-16-02(1); Ord. of 5-23-05(2); Ord. of 12-19-05(2); Ord. of 12-17-07; Ord. of 12-21-15(9); Ord. of 6-25-18; Ord. of 12-17-18; Ord. of 7-22-19, § 1; Ord. of 1-25-22)

State Law reference— Condominium Act, Code of Virginia, § 55-79.39 et seq.

For the purpose of promoting health, safety, order, prosperity, the conservation of natural and historic resources, and the general welfare requiring it, the following shall be adopted as the zoning ordinance of the county, together with the accompanying map or maps adopted herewith as an integral part of this chapter and to be known as the "Zoning District Map of Southampton County, Virginia."

(Ord. of 6-18-90)

This chapter shall be known as the Zoning Ordinance for Southampton County and shall apply to the unincorporated territory thereof. It is the intent of this chapter that the extent of its application shall be automatically changed in accordance with the provisions hereof or provisions of state law which may affect the applicability of this chapter.

(Ord. of 6-18-90, § 19-1.2)

This chapter has been designed to:

(1)

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

(2)

Reduce or prevent congestion in the public streets.

(3)

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

(4)

Expedite 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 areas.

(6)

Protect against one (1) 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.

(Ord. of 6-18-90, § 19-1.3)

In interpreting and applying the provisions of this chapter, said provisions shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this chapter to interfere with, or abrogate or annul any easements, covenants or other agreement between parties, provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces than are imposed or required by other resolutions, ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this chapter shall govern.

(Ord. of 6-18-90, § 19-1.4)

For the purpose of this chapter, the unincorporated areas of the county are hereby divided into the following districts:

(1)

Agricultural, A-1.

(2)

Agricultural, A-2.

(3)

Residential, manufactured home R-MH.

(4)

Residential, limited R-1.

(5)

Residential, general R-2.

(6)

Business, local B-1.

(7)

Business, general B-2.

(8)

Business, highway service B-3.

(9)

Industrial, limited M-1.

(10)

Industrial, general M-2.

(11)

Industrial, limited M-3.

(12)

Floodplain, FP.

(Ord. of 6-18-90, § 19-1.5)

Unless district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following or being at right angles to the centerlines of streets, highways, alleys or railroad main tracks, such centerlines or lines at right angles to such centerlines shall be construed to be such boundaries as the case may be.

(2)

Where a district boundary is indicated to follow a river, creek, branch or other body of water, the boundary shall be construed to follow the centerline at low water or at the limit of the jurisdiction, and in the event of change in the shoreline, such boundary shall be construed as moving with the actual shoreline.

(3)

If no distance, angle, curvature description or other means is given to determine a boundary line accurately, and the foregoing provisions do not apply, the same shall be determined by the use of the scale shown on the zoning map. In case of subsequent dispute, the matter shall be referred to the board of zoning appeals which shall determine the boundary.

(Ord. of 6-18-90, § 19-1.6)

The following general provisions shall apply to all districts:

(1)

Conformance with regulations required. No building or land shall hereafter be used, and no building or part thereof shall be erected, reconstructed, converted, enlarged, moved or structurally altered unless in conformity with the regulations as set forth in this chapter.

(2)

Location of a lot required. Every building hereafter erected, reconstructed, converted, moved or structurally altered shall be located on a lot of record and in no case shall there be more than one (1) main building on one (1) lot unless otherwise provided in this chapter.

(3)

Street frontage required. Except as herein provided, and except for camp cabins and summer cottages for seasonal occupancy, no lot shall be used in whole or in part for dwelling purposes unless such lot abuts upon a street or road in accordance with the minimum street or road frontage requirements of this chapter. No lot or parcel of land abutting the terminus of a public street shall be deemed to comply with street frontage requirements unless such lot abuts on an approved permanent cul-de-sac.

(4)

Encroachment; reduction of lot area. The minimum yards, height limits, parking space, open spaces, including lot area per family or dwelling unit, required by this chapter for each and every building existing at the time of the passage of these regulations or for any building hereafter erected, shall not be encroached upon or considered as required yard or open space for any other building, except as hereinafter provided, nor shall any lot area or lot dimensions be reduced below the requirements of these regulations.

(5)

Accessory buildings; prior construction and use. Except for buildings accessory to a farm, no accessory building shall be constructed upon a lot for more than six (6) months prior to beginning construction of the main building and no accessory building shall be used for more than six (6) months unless the main building on the lot is also being used or unless the main building is under construction. No accessory building, on a farm or otherwise, shall be used for dwelling except in accord with the specific provisions of this chapter.

(6)

Uses not permitted are prohibited. For the purposes of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this chapter, uses not specifically listed are prohibited.

(Ord. of 6-18-90, § 19-1.7)