The purposes of this article are to establish the methods of construction and interpretation of this chapter and zoning boundaries within Stafford County, and to define certain words as they are used in the context of this chapter.

(Ord. No. 094-29, § 28-201, 8-9-94)

(a)

Generally. All provisions, terms, phrases and expressions contained in this chapter shall be liberally construed in order to carry out the purposes set forth herein. Terms used in this chapter, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of the Commonwealth of Virginia for the same terms.

(b)

Abbreviations. When the following abbreviations are used in or in reference to this chapter they shall have the following meanings:

ac ..... acre

den ..... density

du ..... dwelling unit

FAR ..... floor area ratio

ft ..... feet

GD ..... gross density

OSR ..... open space ratio

SF ..... single family

sq. ft. ..... square feet

(c)

Delegation of authority. Whenever a provision appears requiring the head of a department or some other county officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate and authorize professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

(d)

Gender. Words reflecting one gender shall be construed to include the other gender as the context may suggest.

(e)

Number. Words reflecting the singular shall include the plural and the plural shall include the singular, as the context may suggest.

(f)

Nontechnical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(g)

Shall, may. The word "shall" is mandatory; the word "may" is permissive.

(h)

Tense. Words used in the past or present tense include the future as well as the past or present.

(i)

Written or in writing. The term "written" or "in writing" shall be construed to include any graphic representation of words, letters or figures, whether by printing or otherwise.

(j)

Computations of time. Computations of time required under the zoning ordinance [this chapter] shall be made in accordance with these principles:

(1)

The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded.

(2)

The word "month" shall be construed to mean thirty (30) days.

(3)

The word "week" shall be construed to mean seven (7) days.

(4)

The word "year" shall mean a calendar year, unless a fiscal year is indicated.

(Ord. No. 094-29, § 28-202, 8-9-94)

Interpretations regarding boundaries of land use districts on the land use district map shall be made in accordance with the following:

(1)

Boundaries shown as following or approximately following any right-of-way shall be construed as following the centerline of the right-of-way;

(2)

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such lines;

(3)

Boundaries shown as following or approximately following the shorelines of any water body shall be construed as following the mean low water line of such water body;

(4)

Boundaries shown as approximately following the boundaries of the county shall be construed as following such boundaries;

(5)

Boundaries shown as following railroad lines shall be construed as following the midpoint between the main tracks;

(6)

Boundaries shown as separated from and parallel or approximately parallel to any of the features listed in the paragraphs above shall be construed to be parallel to such features and at such distances therefrom as shown on the map; and

(7)

Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map of Stafford County, or in such circumstances not covered by the subparagraphs above, the board of zoning appeals shall interpret the district boundaries.

(Ord. No. 094-29, § 28-203, 8-9-94)

Measurements required under this chapter shall be made following these principles:

(1)

Building setbacks. The distance from the outermost point of the structure, except for uncovered stairs, to the nearest point of the respective property boundary.

(2)

Height of structure. The vertical dimension of a structure as measured from the average elevation of the finished grade at the front line of the building to the highest point of the roof of a flat roof, the deck line of a mansard roof, or the mean height level between eaves and ridge (mid-line of the roof) for a gable, hip or gambrel roof. The height limitations contained in Table 3.1 shall not apply to spires, belfries, cupolas, antennas, communication towers, silos, barns, water towers, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(3)

Lot, depth of. The mean horizontal distance between the front and rear lot lines.

(4)

Lot, frontage of. The dimension of a lot measured along the front lot line thereof. If the front lot line is curvilinear, the lot frontage is to be measured on the chord of the arc. Lot frontage shall be a minimum of eighty (80) percent of the designated lot width. Lots on any cul-de-sac shall have a minimum frontage of fifty (50) feet. Pipestem, commercial and industrial lots shall be exempt from the frontage requirement.

(5)

Lot, width of. The horizontal distance between the side lot lines, measured at the front building line. If the front building line is curvilinear, the lot width is to be measured on the chord of the arc parallel to the front lot line.

(6)

Sign, area of. That area within lines forming a parallelogram measured from the outer extremities of all letters, figures, characters and delineations, or within a line including the background of the sign, whichever lines includes the larger area. The area shall be calculated by multiplying the length by the width of the parallelogram. In the case of a triangle shaped sign, the area shall be computed by forming a parallelogram by multiplying the length and width of the two (2) longest sides of the triangle and dividing by two (2). The support for the sign background, whether it be columns, a pylon, or a building or part thereof and structural embellishments or trim, shall not be included in the sign area. Only one side of a double-faced sign shall be included in the computation of sign area; for triangular signs comprised of three (3) sign faces, two (2) faces shall be included in a computation of sign area. The area of a cylindrical sign shall be computed by multiplying one-half of the circumference by the height of the sign.

(7)

Sign, height of. The maximum vertical distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of:

a.

Existing grade prior to construction; or

b.

The newly established grade after construction, exclusive of any filling, berming, mounding or excavating primarily for the purpose of mounting or elevating the sign.

(8)

Permitted encroachments.

a.

In measuring yards, the following additional principles shall be applied: Porches, balconies, chimneys, eaves, outside basement entrances, emergency ingress/egress window wells and like architectural features may project not more than six (6) feet into any required yard; provided that no such features shall be located closer than six (6) feet to any lot line. If the property is located in the PD-2, Planned Development 2 zoning district and an application for a building permit approved by the department of planning and zoning prior to June 14, 2018, the encroachment of an outside basement entrance and an emergency ingress/egress window well may be located up to three (3) feet to the property line.

b.

Attached sheds on townhouses may project no more than six (6) feet into the required rear yard, provided that such sheds are used for storage only, have no interior access to the main dwelling, are no more than one story in height, and no more than eighty (80) square feet of such shed may project into the required rear yard.

c.

The following shall apply to any deck attached to a single-family detached dwelling:

Any deck with no part of its floor higher than four (4) feet above finished grade level may extend into minimum required yards as follows:

1.

Front yard: Six (6) feet, but not closer than fourteen (14) feet to a front lot line and not closer than six (6) feet to any side lot line.

2.

Side yard: Six (6) feet, but not closer than six (6) feet to any side lot line.

3.

Rear yard: Fifteen (15) feet, but not closer than six (6) feet to any side or rear lot line.

Any deck with any part of its floor higher than four (4) feet above finished grade level may extend not more than twelve (12) feet into any required rear yard; provided that no such deck shall be located closer than six (6) feet to any rear lot line and not closer than a distance equal to the minimum required side yard to the side lot line.

d.

The following shall apply to any deck attached to a single-family attached dwelling:

Front yard: No extension.

Side yard: No extension.

Rear yard: Twelve (12) feet, but not closer than six (6) feet to the rear lot line and not closer to any side lot line than a distance equal to the minimum required side yard.

e.

Attached vestibules in the B-1, B-2, B-3, M-1, and M-2 zoning districts, no greater than sixty-five (65) square feet, may project into any required setback provided that the vestibule is no closer than twenty-five (25) feet from a road right-of-way.

f.

No building or structure shall be permitted within any public easement or right-of-way without written consent by the holder of the easement or right-of-way.

(Ord. No. 094-29, § 28-204, 8-9-94; Ord. No. 095-10, 3-7-95; Ord. No. 096-45, 10-1-96; Ord. No. 001-57, 11-20-01; Ord. No. O05-23, 6-21-05; Ord. No. O08-38, 6-17-08; Ord. No. O16-18, 4-19-16; Ord. No. O17-04, 1-24-17; Ord. No. O19-10, 6-4-19; Ord. No. O20-46, 11-17-20)

The following sources may be referred to when interpreting any term of this chapter for which no definition is given:

(1)

The current edition of Webster's New Collegiate Dictionary by Merriam-Webster, Inc.;

(2)

Tracy Burrows, ed. A Survey of Zoning Definitions, American Planning Association, Planning Advisory Service Report No. 421(1998); and

(3)

The current edition of Black's Law Dictionary.

When used in this chapter, the following terms shall have the meanings herein ascribed to them:

Abut. To physically touch or border upon, or to share a common property line; or to be located immediately across a street or right-of-way.

Access, secondary. A means of vehicular or non-vehicular approach or entry to or exit from a lot, from a source other than a public street or highway (such as an alley).

Access, vehicular. A means of vehicular approach or entry to or exit from a lot, street or highway.

Accessory use, building or structure. A use, building or structure that is subordinate in area, extent and purpose to a principal use or structure.

Administrative officer. See "Director."

Adult business. Any adult bookstore, adult video store, adult model studio, adult motel, adult movie theater, adult nightclub, adult store, business providing adult entertainment, or any other establishment that regularly exploits an interest in matter relating to specified sexual activities per section 4-100 of the county Code or specified anatomical areas or regularly features live entertainment intended for the sexual stimulation or titillation of patrons.

Adult day care center. A facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day to four (4) or more aged, infirm, or disabled adults who reside elsewhere.

Adult entertainment. Dancing, modeling or other live entertainment if the entertainment is characterized by an emphasis on specified sexual activities per section 4-100 of the county Code or specified anatomical areas or is intended for the sexual stimulation or titillation of patrons; or the showing of films, motion pictures, videotapes, slides, photographs, CD-ROMs, DVD-ROMs, streaming video, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult merchandise. Magazines, books, other periodicals, videotapes, films, motion pictures, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devices, or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specific sexual activities per section 4-100 of the county Code or specified anatomic areas; instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs; or, lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.

Adult model studio. A commercial establishment, including a lingerie store or novelty store, in which a person performs or stimulates specified sexual activities per section 4-100 of the county Code, exposes specified anatomical areas, or engages in other performances intended for the sexual stimulation or titillation of patrons.

Adult motel. A motel, hotel, or similar commercial establishment that:

(1)

Provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities per section 4-100 of the county Code or specified anatomical areas and advertises the availability of this sexually-oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, internet web pages; or

(2)

Offers a sleeping room for rent for a time period less than ten (10) hours; or

(3)

Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten (10) hours.

Adult movie theater. An enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities per section 4-100 of the county Code or specified anatomical areas for observation by patrons, excluding movies that have been rated "G", "PG", "PG-13" "R", or "NC-17" by the Motion Picture Association of America.

Adult nightclub. A restaurant, bar, club, or similar establishment that regularly features adult entertainment.

Adult store. An establishment dealing in adult merchandise as a principle portion of its business.

Advertising. Any words, symbol, color, design or graphic used to call attention to a commercial product, service, or activity.

Agent. The county administrator or a designee.

Agricultural lands. Any parcel of land used for the purpose of agriculture, as defined herein.

Agricultural operation. An operation devoted to the bona fide production of crops, or animals, or fowl including the production of fruits and vegetables of all kinds; meat, dairy and poultry products; nuts, tobacco, nursery and floral products; and the production and harvest of products from silviculture activity. Nursery operations are considered agricultural operations in addition to apiaries. Agricultural operations do not include establishments engaged in the processing of agricultural or silvicultural products or the above ground application or storage of sewage sludge.

Agricultural service establishment. The use of land, buildings or structures for the purposes of buying or selling commodities and services that support agricultural uses. These shall include such sales and services as welding and machinery repairs, farm drainage and excavation, contracting and trades related to farm buildings and structures, and custom spray, tillage, planting and harvesting services.

Agriculture. See "Agricultural operation."

Agri-tourism activity. Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agri-tourism activity whether or not the participant paid to participate in the activity.

Air navigation hazard. An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe utilization of navigable airspace in the Commonwealth of Virginia.

Airport. Any area of land or water which is used for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, easements and together with all airport buildings and facilities located thereon, and maintenance of aircraft, together with all related airport facilities, runways, rights-of-way, approach zones, and other necessary structures.

Airport elevation. The highest point of any useable landing surface expressed in feet above mean sea level.

Alley. A service way providing a secondary means of access to abutting land and not intended for general traffic circulation.

Allocated density. The number of dwelling units or rooms allowed by this chapter for a lot divided by the net area of the lot.

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

Amateur radio service. A radio communication service for the purpose of self-training, intercommunication, and technical investigation carried out by amateurs licensed by the federal government, that is, duly authorized persons interested in radio technique solely with a personal aim and without financial interest.

Amphitheater. An outdoor theater having a central open space or stage, surrounded by gradually rising tiers of seats or rising slopes or hills that can be utilized for seating.

Ancillary use. A use or structure permitted only in conjunction with a principal use permitted in the same zoning district. Ancillary uses cumulatively cannot exceed ten (10) percent of the gross floor area of a building or, area of a structure, of the related principal use and shall be located on the same lot as the principal use.

Animal feeding operation (AFO). A lot or facility where animals are stabled or confined for a total of forty-five (45) days or more in any twelve (12) month period, and where crops or vegetative growth is not maintained in the normal growing season over any portion of the lot or facility.

Antenna communication. Structure designed to receive and or transmit communication signals which may be affixed and is incidental to a building or primary structure and is screened from view or installed to be compatible with the architectural integrity of the building or primary structure in accordance with subsection 28-88(2) of this chapter.

Apartment. See "Dwelling, multifamily."

Apartment, commercial. A dwelling unit that is designed and constructed in conjunction with a commercial use and is structurally integrated into and a part of the primary structure.

The floor area for commercial apartments shall not be included in the floor area ratio calculations of nonresidential developments. Commercial apartments shall be subject to the following standards:

(1)

The total area occupied by a commercial apartment(s), including access ways, balconies or patios, shall not exceed the area occupied by the nonresidential use(s) and any associated arcades, covered walks, or similar structures.

(2)

Commercial apartments shall be provided balconies, patios or yards of no less than one hundred fifty (150) square feet in area; these amenities shall not be located on street-facing sides of the structure.

(3)

Two (2) on-site parking spaces shall be provided to each commercial apartment.

Apiary. Any place where one or more colonies of bees are kept.

Approach surface, airport. A surface that is longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface, and at the same slope as the approach zone height limitation slope set forth in subsection 28-64(c)(3)b. The perimeter of the approach surface coincides with the perimeter of the airport approach zone.

Aquaculture. The propagation, rearing, enhancement, and harvest of aquatic organisms in controlled or selected environments, conducted in marine, estuarine, brackish or fresh water.

Arcade. Establishments in which the primary use is the operation of mechanical, electronic and/or coin-operated games and/or devices for the general amusement of the public, including pool halls and billiard parlors.

Archive. A collection or repository that properly stores a collection of written and graphic records or documents that have been selected for permanent or long-term preservation due to their enduring and/or historic value. An archive is administered by a qualified archivist or curator according to the principles of provenance, original order, and collective control to protect the materials' authenticity and integrity.

Assisted living facility. Public or private assisted living facility, as defined in Code of Virginia, § 63.2-100, that is required to be licensed as an assisted living facility by the department of social services under the provisions of subtitle IV (Code of Virginia, § 63.2-1700 et seq.) of title 63.2 of the Code of Virginia.

Attic. That part of a building which is immediately below and wholly or partly within the roof framing.

Automotive avocation. An accessory use, pursued as a hobby and not for pecuniary gain, which may include the collection, storage and restoration of vintage, antique or collectible vehicles, or the building or rebuilding of vehicles for the purpose of racing at bona fide racing facilities. Automobile avocations shall be subject to the following standards:

(1)

Outdoor storage of inoperable vehicles or vehicle parts shall be kept covered and entirely screened from view from adjacent properties and roadways by a solid board fence and appropriate landscaping as approved by the zoning administrator.

(2)

No more than three (3) inoperable vehicles may be kept on the premises for the purpose of scavenging parts, unless kept inside a totally enclosed building.

(3)

Persons conducting automobile avocation activities on their property shall not produce vibration, noise or glare which adversely affects neighboring properties.

Automobile graveyard. Any lot or place which is exposed to the weather and upon which more than five (5) 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.

Automobile repair. The maintenance, servicing, repair, restoration, or painting of vehicles. Uses permissible at an automobile repair establishment include those allowed at automobile service establishments, major mechanical work, engine overhaul, body work, straightening of body parts, painting, welding, storage of vehicles not in operating condition, or other work involving noise, glare, fumes, smoke, or other nuisance characteristics to an extent greater than normally found at an automobile service establishment.

Automobile salvage yard. Any area, lot, land, parcel, building or structure used for the purchase, collection, storage, processing, sale, or resale of wrecked, inoperable, or abandoned motor vehicles or parts thereof.

Automobile service. A building or premises where gasoline, oil, grease, batteries, tires, brakes, mufflers and/or vehicle accessories may be installed, supplied or dispensed at retail.

Awning. A roof-like cover that projects from the wall of a building for the purpose of shielding a doorway, window, or portion of the sidewalk from the elements.

Bakery (bake shop). An establishment primarily engaged in the retail sale of baked goods for consumption on- or off-site. The baked products may be prepared either on- or off-site.

Balcony. A platform projecting from the wall of a building with a railing along its outer edge, often with access from a door or window.

Bank (lending institution). An establishment that provides retail banking services, mortgage lending, or similar financial services to individuals and businesses. Banks include those establishments engaged in the on-site circulation of cash money and check-cashing facilities, but shall not include bail bond brokers, pay-day lending, or title loan establishments. Banks may also provide automated teller machines (ATM) services, located within a fully enclosed space or building, or along an exterior building wall intended to serve walk-up customers only. Banks may include drive-through facilities.

Base flood/100-year flood/regulatory flood. See subsection 28-57(a).

Base flood elevation (BFE). See subsection 28-57(a).

Basement. A space within a building and located partially underground, having one-half or more of its floor-to-ceiling height above the average adjoining grade of the building of which it is a part and with a floor-to-ceiling height of seventy-eight (78) inches or more.

Basement, below grade. Any area of the building having its floor subgrade below ground level on all sides.

Bed and breakfast inn. A commercial enterprise, housed in a building primarily designed as a single-family residence, where rooms are available for rent, typically on a short-term basis and at least one meal a day is offered to overnight guests and where no more than ten (10) short-term lodging rooms and meals served family-style are provided. The operator of the inn shall live on the premises.

Beer. Any alcoholic beverage obtained by the fermentation of an infusion or decoction of barley, malt and hops, or of any similar products, in drinkable water and containing one-half of one percent or more of alcohol by volume.

Berm. A manmade mound of earth of at least two (2) feet in height above the adjacent grade intended to divert water runoff or shield adjacent uses from one another.

Best management practices (BMPs). A practice, or combination of practices, that is determined by a state or designated area-wide planning agency to be the most effective and practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.

Bike stations. A centrally-located, secure bicycle parking garage that also offers bike rentals and repairs, with links to transit stations, lockers, and a variety of other services.

Block. A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

Boat sales facility. A commercial establishment engaged in the sales, lease or rental of boats or watercraft, boat motors or boat trailers.

Brewery. A facility that produces and sells wholesale more than ten thousand (10,000) barrels of beer, malt liquor or ale annually.

Broadcasting station. A commercial or noncommercial operation engaged in the preparation and delivery of radio and television signals to surrounding areas. Broadcasting stations include accessory offices, studios and towers, and transmitting equipment.

Buffer area. An area of natural or established vegetation managed to protect wetlands, other components of a critical resource protection area, including cultural resources, or state waters from significant degradation due to land disturbances.

Buffer yard. A yard improved with landscaping and screening materials required between different intensities or between adjoining land uses for the purpose of decreasing the potential impact of different uses. The buffer yard is intended to recreate or preserve native woodlands. The buffer yard shall remain free of buildings, impervious surfaces or parking areas. The minimum buffer width shall generally be a uniform width across the entire length of the common property line between lots on which uses are located that require a buffer yard.

Buildable area, net (BNA). The gross area of a parcel, excluding wetlands, slopes in excess of thirty-five (35) percent, dedicated rights-of-way, floodplains and required open space.

Buildable lot. A duly recorded lot which was lawfully buildable or which complied with the county's zoning and subdivision codes immediately prior to the effective date of this chapter; or, a duly recorded lot which complies with the current subdivision regulations and this chapter.

Building. A structure having a roof and enclosed within exterior walls or fire walls, built, erected and framed of component structural parts, designed, maintained or intended to be used for the shelter or enclosure of persons, animals or of property of any kind. When a building is divided into separate parts by fire walls from the ground to the roof, each part so divided shall be deemed a separate building.

Building, interpretive. An existing historic building or reconstructed cultural resource that depicts the form, features, and detailing of a nonsurviving building, site or landscape using appropriate traditional building materials which accurately interprets the history of a place. A reconstruction will be based on the duplication of historic features and elements substantiated by documentary or physical evidence, including archaeological survey and/or archival research using primary sources, rather than on conjectural design. An interpretive building shall not be utilized as a dwelling. Reconstruction of a building or landscape, and the subsequent interpretive use, shall be regulated only to the extent necessary to protect public health and safety.

Building line. A line on a lot, parallel or symmetric to a lot line, located a sufficient distance therefrom to provide the minimum yards required by this chapter (also known as a "setback" or "building restriction line").

Building, mixed use. A building type intended primarily for ground floor commercial uses with upper-story residential or offices uses.

Building restriction line. See "Building line."

Caliper. The diameter measurement of the trunk of nursery stock trees to be purchased for installation, measured at six (6) inches above the root collar. If the caliper measurement is greater than four (4) inches at six (6) inches above the root collar, the caliper measurement is measured at twelve (12) inches above the root collar. When measuring any tree, other than nursery stock, the tree is measured using the diameter at breast height (DBH) method (See DBH definition).

Campground. A plot of ground, area, place, parcel, or tract of land, by whatever name called, on which two (2) or more campsites are established or maintained, wholly or in part, for the accommodation of camping units for transient or temporary occupancy for periods of overnight or longer, which shall not exceed fourteen (14) nights within a thirty (30) day period, whether the use of the campsites and facilities is granted gratuitously, or by rental fee, lease, or conditional sale, or by covenants, restrictions and easements. A campground may include recreational facilities and support facilities for use by campsite occupants or campground staff. A campground does not include a summer camp, a migrant labor camp as defined in Code of Virginia, § 32.1-203, a manufactured home park, a construction camp, storage area for unoccupied camping units, or land upon which the landowner may choose to camp and not be prohibited or encumbered by covenants, restrictions, and conditions from providing sanitary facilities within the landowner's property lines.

Camping unit. Any tent, pop-up trailer, travel trailer, recreational vehicle, cabin, lean-to, truck bed camper, or similar accommodation established or maintained and operated as temporary living quarters for recreation, education or vacation purposes.

Campsite. Any plot of ground within a campground intended for the exclusive occupancy by a camping unit or units.

Car cover. A cover designed for the purpose of protecting and screening a motor vehicle from view. This definition specifically excludes the use of plastic tarpaulins or similar materials, unless specifically modified to fit snugly on the vehicle.

Car wash. A building or structure containing facilities for washing automobiles by production line, conveyor system or similar mechanical devices including self-service washing devices.

Cellar. See "Basement."

Cemetery. Any land or structure used or intended to be used for the interment of human remains to include, but not exclusive of, burial grounds, single grave sites, and memorial cemeteries. The sprinkling of ashes on church grounds shall not constitute the creation of a cemetery.

Chesapeake Bay Preservation Area (CBPA). Refer to county Code chapter 27B.

Child care center. A building, other than a residence where ten (10) or more children are provided care, protection and guidance on a regular scheduled basis, and is subject to state licensing.

Churchyard. An area on a lot surrounding a place of worship (as exempted from zoning regulation by Virginia Code § 57-26).

Civic buildings and uses. A building or area that may be a common place of destination or gathering for the purpose of providing educational, entertainment, fraternalism, worship, or community services to the public such as, but not limited to: libraries, cultural centers, museums, center for the arts, multiplex cinemas, town square, post offices, places of worship, community centers, fire stations with community rooms, and schools (public or private). For traditional neighborhood development (TND), this term shall not include tot lots, playgrounds, nonregulation or dedicated use athletic fields, or hiker-biker trails.

Class A farm winery license. A license for a farm winery where at least fifty-one (51) percent of the fruits or agricultural products used by the owner or lessee to manufacture the wine shall be grown or produced on such farm and no more than twenty-five (25) percent of the fruits, fruit juices or other agricultural products shall be grown or produced outside the commonwealth.

Clear cutting. Silvaculture activity in which eighty (80) percent of the top soil and stumps remain intact. This activity is intended for clearing of trees and shrubs without destruction of the top soil.

Clear sight triangle. A visually unobstructed area at the intersection of a street and driveway or two (2) streets as required by this chapter.

Clinic, medical, dental or psychiatric. A room or group of rooms used for a medical, dental or psychiatric practice offering medical services on an outpatient basis, including in-house diagnostic testing facilities, medical counseling services, internal surgery, general anesthetics, and similar services, but not including overnight stay or treatment.

Club/lodge/fraternal organization. Any use of property or structure for social, service, recreational, or other gathering by an organization such as Elks, Moose, 4-H, American Legion, Lions, VFW, Masons, or similar groups and special interest organizations such as gun clubs, motorcycle clubs, etc.

Cluster. A subdivision development design technique that concentrates detached single-family dwellings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features and rural character as described in the Code of Virginia, §§ 10.1-1700 and 15.2-2286.1.

Commencement of construction. For purposes of administering the flood hazard overlay district, for new construction, the first placement of permanent evidence of a structure on a site pursuant to a duly authorized building permit, such as the pouring of slabs or footings, or any work beyond the stage of excavation, including the relocation of the structure. Permanent construction does not include the installation of streets or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or attached to a part of the principle structure. For a substantial improvement, "commencement of construction" means the first alteration of any wall, ceiling, floor or other structural member, whether or not the alteration affects the external dimensions of the structure.

Commercial fishing. The catching, landing, processing or packaging of fish and seafood for commercial purposes, including the mooring and docking of boats and/or the storage of traps or other fishing equipment.

Commercial logging. An activity which primarily involves the operation of timber tracts for the purpose of gathering forest products.

Commercial retail. A use that sells goods or services at retail which are subdivided into the following three (3) classifications:

(1)

Low-intensity means commercial retail uses that generate less than fifty (50) average daily trips per one thousand (1,000) square feet of gross floor area as indicated by the current edition of Trip Generation published by the Institute of Transportation Engineers;

(2)

Medium-intensity means commercial retail uses that generate between fifty (50) and one hundred (100) average daily trips per one thousand (1,000) square feet of gross floor area as indicated by the current edition of Trip Generation published by the Institute of Transportation Engineers;

(3)

High-intensity means commercial retail uses that generate more than one hundred (100) average daily trips per one thousand (1,000) square feet of gross floor area as indicated by the current edition of Trip Generation published by the Institute of Transportation Engineers.

Commercial use. Any activity carried out for pecuniary gain.

Commission. The Planning Commission of Stafford County.

Common area. See "Open space land."

Communication facility. Facilities providing point-to-point communication services whether by wire or radio, either aurally or visually, including radio, telephone and television broadcasting and the exchange or recording of messages.

Communication tower. See "Tower, communication."

Community use. Country clubs, golf courses and similar recreational uses conducted by property owner, homeowner or similar membership organizations. Also, community clubs or centers, amphitheaters, civic or cultural centers not in public ownership, including community swimming pools.

Comprehensive sign plan. A plan for all of the permanent signage of a property that includes multiple tenants or owners with shared parking or other facilities.

Conditional zoning. As part of classifying land within the county into areas and districts by legislative action, the allowing of reasonable conditions governing the use of such land, such conditions being in addition to the regulations provided for a particular zoning district by this chapter.

Condominium. A building or group of buildings, subject to a recorded condominium instrument, in which units are owned individually, and the structures, common areas, and facilities are owned by all of the owners of the units on a proportional, undivided basis, pursuant to the Condominium Act, Code of Virginia, tit. 55, ch. 4.2.

Condominium, commercial/industrial. A building or group of buildings used for businesses, office, manufacturing, professional services or other commercial or industrial enterprises organized, owned and maintained as a condominium where building space is owned individually and the structure(s), common area(s) and facilities are owned by all of the owners on a proportional, undivided basis.

Condominium, dwelling. See "Dwelling, condominium."

Conference facility. A use which is an accessory to a hotel that includes meeting rooms for business or professional conferences and seminars, and which may include provision for meals, recreational activities and other ancillary uses.

Conical surface, airport. An imaginary line establishing the maximum height of manmade objects or natural tree growth around an airport runway, extending upward and outward from the periphery of an airport's horizontal surface at a slope of twenty (20) to one for a horizontal distance of four thousand (4,000) feet.

Construction footprint. The area of all constructed site features, including, but not limited to, buildings, roads and drives, parking areas, sidewalks, as well as required stormwater and erosion control devices, and the area necessary for construction of such improvements.

Convalescent home. See "Nursing home."

Convenience center. A retail complex typified by more than one unit, but less than ten (10) units, designed for commercial use and with a total gross floor area of less than twenty thousand (20,000) square feet.

Convenience store. A high-intensity commercial retail operation which offers for sale prepackaged foods, household items, and other goods commonly associated with the same and may sell gasoline as a secondary activity and having a gross floor area of five thousand (5,000) square feet to ten thousand (10,000) square feet.

Convention facility. A building or group of buildings designed to accommodate three hundred (300) or more people in assembly.

County administrator. See "Agent."

County attorney. The county attorney or a designee.

Cul-de-sac. A street segment beginning at the nearest intersection with another street and having only one outlet, and ending with a turn-around area for reverse traffic movement.

Cultural landscape. A geographic area that includes cultural and natural resources associated with a historic event, activity, person, or group of people. Cultural landscapes are manmade expressions of visual and spatial relationships, including, but not limited to, historic plantations, farms, gardens and parks, cemeteries, scenic highways, industrial sites, Civil War encampments and entire villages.

Cut-off lighting. Outdoor lighting from which the peak candle power is directed so that the upper extent of the light beam is not visible above thirty (30) degrees from a line perpendicular to the ground and so as not to illuminate directly any portion of a lot other than the lot on which the light is situated.

Dance/exercise studio. A school devoted to providing instruction in any of varied forms of dance, gymnastics or martial arts.

Data center: A facility where the principal use is the storage, management, processing, and/or transmission of digital data, and containing one or more large-scale computer systems and/or related equipment. Such facility or use typically may include but is not limited to air handlers, water cooling and storage facilities, utility substations and infrastructure, back-up power generation, fire suppression systems, and/or enhanced security systems, any of which may require additional approvals or conditional use permits, as applicable.

DCSL. Design and Construction Standards for Landscaping, Buffering and Screening for Stafford County, Virginia.

Deck. A structure extending from the outside wall of a building above ground level, whether or not its supports rest on the ground, and not sheltered by a roof or enclosed by other than a protective railing.

Decommission. The removal and proper disposal of solar energy equipment, facilities, or devices on real property subject to Code of Virginia § 15.2-2232, as amended, which includes the reasonable restoration of the real property upon which such solar equipment, facilities, or devices are located, including soil stabilization and revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices.

Decommissioning agreement. A written agreement between the county and an owner, lessee, or developer regarding removal and proper disposal of solar energy equipment, facilities, or devices on real property.

Design and Construction Standards, Stafford County. See "Water and sewer design and construction standards."

Determination of development rights document. A document issued by the director that determines the number of residential development rights a sending property has available for transfer to a receiving property or transferee. For purposes of this chapter, the right to build one residential dwelling unit equates to one development right.

Development. The division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure, any mining, excavation, landfill or land disturbance; and any use, change of use or extension of the use of land or structure where there is an increase in parking or provision of stormwater management.

Development, major. Any nonresidential development involving construction and/or land disturbance greater than or equal to two thousand five hundred (2,500) square feet, or any residential development not subject to chapter 22 of the subdivision ordinance.

Development, minor. Any nonresidential development involving construction or land disturbance totaling a minimum of one thousand (1,000) square feet and less than two thousand five hundred (2,500) square feet, any change of use where additional parking is required, or any enlargement to an existing building or structure where there is no change in the construction footprint.

Development right or rights. The permitted uses and density of development that are allowed on the sending property in accordance with this chapter on the date of severance of such rights. Development right or rights includes transferable development rights.

Diameter at breast height (DBH). The measured diameter of a tree measured outside the bark at a point four and one-half (4.5) feet (average breast height) above ground level, measured from the uphill side of the side of the tree. This measurement is used for sizing existing trees.

Director. The director of the department of planning and zoning or a designee.

Display, motor vehicle. The keeping of operable motor vehicles associated with a motor vehicle sales business.

Display, outdoor. The keeping in an unroofed area of representative retail merchandise to be sold on-site. The area for display shall not exceed five (5) percent of the gross floor area of the building that it serves. Outdoor display areas shall not extend more than twenty-five (25) feet beyond the front of the building.

Distillery. A facility that produces any type of alcoholic beverage other than beer, malt liquor or ale. This definition does not include wine or a winery.

Dripline. A vertical projection to the ground surface from the farthest lateral extent of a tree's leaf canopy.

Drive-through. A facility designed to enable a person to transact business or order and pick up food while remaining in a motor vehicle.

Driveway. An access way within a development designated to serve the development and provide access to a street, private street, or private access easement, or with an adequate width to serve one lot. The access way shall not be a private street or private access easement and is not intended to be shared with other land unless it is a shared driveway.

Driveway shared. An access-way and easement providing access for up to two (2) lots that is connected to a public or private street.

Driving range. A commercial establishment equipped with distance markers, golfing greens, and golfing tees for the practice of golf. Driving ranges may also include accessory sales of golf-related items or concessions.

Drug store (pharmacy). An establishment or institution from which drugs, medicines, or medicinal chemicals are dispensed or offered for sale or on which a sign is displayed bearing the words "apothecary," "druggist," "drugs," "drug store," "drug sundries," "medicine store," "pharmacist," "pharmacy," or "prescriptions filled" or any similar words intended to indicate that the practice of pharmacy is being conducted pursuant to a license issued under Code of Virginia, § 54.1-3300 et seq.

Dry cleaner/laundry. A retail establishment engaged in the on-site or off-site cleaning, dry cleaning and pressing of garments and households linens for a fee.

Duplex. A two-family residential structure, where the residential units may be arranged one above the other, side-by-side or semi-detached by common footing.

Dustless surface. A surface adequately covered in accordance with good construction practice, with a minimum of either two (2) applications of bituminous surface treatment, concrete or bituminous concrete.

Dwelling, accessory. An ancillary dwelling unit limited to such uses as a family member apartment, guest house (for occasional visits by family or friends), or maid's quarters and shall conform to the following:

(1)

An accessory dwelling shall not exceed twenty-five (25) percent of the total gross floor area of the principal dwelling unit.

(2)

There shall be no more than one accessory dwelling per lot.

(3)

When an accessory building is located in the principal dwelling, the entry to the unit and its design shall be such that the appearance of the building shall remain a one-family residence.

(4)

An accessory dwelling shall have the same address as the principal dwelling.

(5)

This term shall not include a carriage house.

Dwelling, atrium house. An attached, one-story unit with private individual access for a single family. Each dwelling unit shall have a private yard(s) or atrium(s). A wall shall enclose the entire lot area of the atrium and house. The wall shall be at least three (3) feet in height in the rear or sides of the lot. All living spaces such as living rooms, dens, or bedrooms, shall face an atrium. Atrium houses must be located on a cul-de-sac or on an internal parking lot.

Dwelling, attached. A structure used as a place of residence for two (2) or more families, occupying separate dwelling units on the same lot.

Dwelling, carriage house. A dwelling unit with no more than two (2) bedrooms located above a detached garage on the same lot as a principal dwelling with access by an alley. The carriage house shall have a different address from the principal dwelling. For the purposes of the UD district, a carriage house may be located at grade to the rear of the principal dwelling, and may be accessed via a driveway from the front street.

Dwelling, condominium. See "Condominium."

Dwelling, cottage court. A group of small detached or attached houses centered around a common open space or courtyard.

Dwelling, employee. A dwelling unit intended solely for an employee of a business and their immediate family. This term shall not include accessory dwelling and dwellings for watchman or caretakers on-premises.

Dwelling, independent living unit. A condominium unit within a life care/retirement community providing independent living arrangements for the occupant(s) and may include permanent provisions for cooking. The unit may be within a multifamily building or have the appearance of a single-family detached dwelling, duplex, townhouse, or weak-link townhouse. This term shall not include a unit within an assisted living facility or nursing home.

Dwelling, lot line. A detached, single-family residential unit located on an individual lot having a limited side yard on one side of the dwelling provided the wall of the dwelling on the side with the limited setback contains no windows, doors or other openings. A minimum five (5) feet shall be provided. The minimum side yard width between structures shall be wider than the combined minimum allowed.

Dwelling, modular. See "Modular home."

Dwelling, multifamily. A building containing more than two (2) dwelling units on the same lot in which the units, building(s), common area(s) and facilities are owned by an individual person or entity.

Dwelling, patio house. A detached or semi-detached, single-family unit with one dwelling unit from ground to roof. Each dwelling unit's lot shall be fully enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. Walls shall be a minimum of three (3) feet in height. That portion of the yard or patio area comprising "minimum patio area" is this housing type's minimum yard area. All living spaces, such as living rooms, dens and bedrooms, shall face into the yard or patio.

Dwelling, quadruple-attached. One of four (4) attached single-family dwellings units, each in an individual building; located side-by-side or two (2) side-by-side with two (2) directly behind them, on individual lots; separated from each other by a solid wall extending from the lowest floor to the roof; and entirely separated from any other development.

Dwelling, semi-detached. One of two (2) attached single-family dwellings, located side-by-side on individual lots separated from each other by a solid wall extending from the lowest floor to the roof; and entirely separated from any other development.

Dwelling, single-family. A detached residential unit that is developed with open yards on all sides of the structure, but not including manufactured homes or recreational vehicles.

Dwelling, three-family. A "building" containing three (3) "dwelling units," with two (2) of the "dwelling units" arranged side-by-side and situated either above or below the third "dwelling unit."

Dwelling, townhouse. A single-family residential unit forming one of a group or series of three (3) or more attached units in which each unit has its own front and rear access to the outside, each unit is located on a separate lot, owned individually, no unit is located over another unit, and each unit is separated from one another by one or more fire-resistant party walls without windows, doors or other means of access or visibility through such walls from basement to roof.

Dwelling, townhouse, weak-link. An attached, single-family unit with private, outside access for a dwelling unit from ground to roof. Each unit shall have both a one- and two-story section. The one-story section shall be at least ten (10) feet wide or thirty (30) percent of the lot width, whichever is greater. A group of attached, weak-link townhouses shall average no more than eight (8) dwelling units per group.

Dwelling, triple-attached. One of three (3) attached single-family dwellings, located side-by-side on individual lots separated from each other by a solid wall extending from the lowest floor to the roof; and entirely separated from any other development.

Dwelling unit. One or more rooms, designed, occupied, or intended for occupancy as separate living quarters for a single housekeeping unit and having independent cooking, sleeping and sanitary facilities provided within the dwelling unit.

Dwelling, village house. A detached, single-family residential unit with small front and side yards, a front porch, and orientation towards the street it fronts.

Easement. An interest in land that is in the possession of another, which permits a limited use of the land.

Easement, ingress/egress. An easement through private property to allow access to a specific lot or parcel.

E-commerce. Activities that relate to the buying and selling of goods, merchandise and services over the internet using the electronic transfer of money.

Energy storage facility. Energy storage equipment and technology capable of absorbing energy, storing such energy for a period of time, and redelivering such energy after it has been stored.

Engineer. A person who is qualified to practice engineering by reason of his special knowledge and use of mathematical, physical and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and experience, and whose competence has been attested by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects of the Commonwealth of Virginia as a professional engineer.

Entrance, restricted access. An entrance to a public street from a private travel lane or private access easement, in accordance with section 28-108 of this chapter.

Equestrian use. A use, whether for profit or otherwise, pertaining to the use, housing, and care of horses or ponies. Equestrian uses include facilities for the keeping, feeding and care of horses, as well as related facilities for riding, exercise and training. Typical accessory uses include equipment storage, mechanical equipment for maintaining use areas, food storage and parking areas. Occasional delivery of on-site veterinary services is also a common feature.

Event venue. A facility located on a minimum of twenty (20) acres of land that is operated by the owner of the property who resides on the property. The events may include, but are not limited to, weddings, birthdays, anniversaries, concerts, reunions, festivals etc. In addition, the facility may contain a kitchen to conduct catering for onsite events only.

Executive style housing. Single-family residences with an above grade habitable space finished floor area greater than three thousand five hundred (3,500) square feet.

Exhibition center. See "Conference facility."

Extinguishment of development rights. The process by which development rights from a sending property are severed and extinguished from a sending property and transferred to a receiving property or transferee, pursuant to the transfer of development rights program under this chapter.

Family. Family shall mean a group of people living together as a single housekeeping unit and consisting of:

(1)

One person; or

(2)

Two (2) or more persons related by blood, adoption or marriage, together with any number of offspring, foster, step or adopted children; or

(3)

A group of no more than four (4) unrelated persons living and cooking together as a single housekeeping unit though not related by blood, marriage, adoption or guardianship, provided that the limitation on the number of unrelated persons shall not apply to residents in a housekeeping unit by persons having handicaps within the meaning of section 3602(f) of the Fair Housing Act (42 USC 3601 et seq., as amended); or

(4)

Those groups identified in Code of Virginia, § 15.2-2291, or like groups licensed by the Virginia Department of Social Services which otherwise meet the criteria of Code of Virginia, § 15.2-2291; or

(5)

Two (2) unrelated persons, together with any number of offspring, foster, step or adopted children.

Family day care home, group. A residence where child care is provided for more than five (5), but fewer than twelve (12) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home as residential occupancy by a single family and which is subject to state licensing on a paid basis.

Family day care home, small. An activity carried on by an occupant of a residence as an accessory use, in which child care is provided for five (5) or fewer children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home as residential occupancy by a single family on a paid basis.

Family, immediate member. Any person who is a natural or legally defined offspring, stepchild, spouse, family member's spouse, sibling, parent, grandchild or grandparent of the owner of a parcel.

State Law reference— Similar provisions, Code of Virginia, §§ 15.2-2244 and 15.2-2244.1.

Farm brewery. An establishment located on a farm on land zoned agricultural and where agricultural products grown on the farm are used in the production of beer in accordance with Code of Virginia, § 4.1-208(A)(2).

Farm winery. An establishment engaged in the growing of grapes, honey, or other fruits for the production and resale of wine or other fermented beverages in accordance with Code of Virginia, §§ 4.1-100, 4.1-207(5), and 4.1-219.

Farmers market. A building, structure, or place used by two (2) or more vendors for the seasonal sale of agricultural, horticultural or aquacultural produce and accessory/incidental merchandise. Accessory/incidental merchandise includes garden accessories, baked goods, floral supplies, or other similar type items directly related to the culture, care, use of, or processing of the principal use.

Feedlot. A lot, yard, structure, corral or other area in which livestock are confined for the sole purpose of feeding, growing, raising, holding, and birthing prior to slaughter or sale at market. This does not apply to areas upon which livestock are allowed to graze.

Fill. For purposes of administering the flood hazard overlay district, any sand, gravel, earth or other materials whatsoever placed or deposited in floodplains to raise the elevation of the land surface.

Flag. A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as a symbol or decoration; this includes pennants.

Flea market. An individual or congregate commercial retail activity conducted from one or more booths, stands, tables, or tents that may be conducted indoors or outdoors, where groups or individual sellers offer goods for direct sale to the public. This definition shall not include bazaars or charity fundraisers for nonprofit organizations conducted four (4) times a year or less, or periodic festivals conducted twice a year or less. The operator of a flea market shall maintain a listing of all vendors utilizing the flea market with the name, permanent address, Social Security number and home phone number of the vendors on the listing. The listing shall be kept current and made available to the sheriff's office upon request.

Fleet parking. Off-site parking and storage of more than five (5) operable vehicles, other than automobiles, which are used in the daily operations of a business or, the parking and storage of more than one vehicle with a gross vehicle weight in excess of ten thousand (10,000) pounds. This does not include parking and storage of farm vehicles, construction equipment, or similar devices not licensed to operate on state roads.

Floodplain. See subsection 28-57(a).

Floodplain district, designated. Those floodplain districts specifically designated in this chapter as being inundated primarily by the 100-year flood. Included would be areas identified as the floodway district (FW), the floodfringe district (FF) and the general floodplain district (FA).

Floodway. See subsection 28-57(a).

Floor area or gross floor area (GFA). The sum of the gross horizontal areas of each story of all buildings on a lot or site, measured from the exterior walls or from the centerline of party walls.

Floor area ratio (FAR). The total floor area of a building or buildings on a lot divided by the gross area of the lot or site.

Footcandle. The unit is defined as the amount of illumination on the inside surface of an imaginary one-foot radius sphere if there was uniform distribution of light from the exact center of the sphere. One footcandle is 10.76 lumens (lux).

Footcandles, average. The theoretical average amount of light falling on a surface when averaging the illuminance falling on all points of the surface.

Footcandles, maximum. The maximum amount of light falling on that point of a surface or anywhere on the area being lighted.

Footcandles, minimum. The least amount of light (illuminance) falling on that point of a surface or anywhere on the area being lighted.

Forecourt. An open area at, or within thirty (30) inches of, grade level that serves as an open space, plaza or outdoor dining area.

Forestry. Establishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or in performing forest services.

Freeboard. See subsection 28-57(a).

Frontage. That dimension of a lot measured along the front street line thereof, or if the front street is curved, along the chord of an arc.

Frontage, building. The length of the main wall or longest wall of a building which physically encloses usable interior space, and which contains the main entrance into the building for use by the general public.

Garage, private. An accessory building or part of a principal building used for the storage of motor vehicles and other domestic goods and equipment.

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

Garden center. An outdoor area for the display, sale and storage of seasonal products accessory to a commercial retail establishment.

Geometric design. Standards and specifications for street layout and construction.

Glare. The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility.

Golf course. A tract of land for playing golf, consisting of at least nine (9) holes and may include a club house, driving range(s) and putting green(s).

Greenhouse. An enclosed structure, permanent or portable, which is used for the growth of plants.

Gross area. The total acreage of a specific site.

Groundcover management. The cutting or trimming of groundcover in order to create an orderly appearance to the property so long as such activities do not disturb the integrity and intent for which it was installed.

Groundcovers. A low-growing form of vegetation consisting of shrubs or perennials, in which the plants in some combination shall form a continuous vegetative cover on the ground (not turf grass).

Group home. See "Residential facility, social services licensed."

Group homes. See "Residential facility, health department licensed."

Handicraft. Making products by hand, using no or limited specialized tools, including but not limited to crafts, jewelry, wood-working, knitting, pottery, and painting.

Health official. The director of the health department for the county or a designee.

Hedge. A row of closely planted shrubs, bushes, or other vegetation that forms a boundary, screen or fence.

Height, airport zone. The maximum height of structures or vegetation within any airport zone as set forth in subsection 28-64(c). The datum shall be determined by mean sea level (MSL), the perimeter of which coincides with the horizontal zone.

Height, building or structure. See this section, "Measurements," regarding "height of structure."

Height, sign. See section 28-205, "Measurements," regarding "sign, height."

Helistop. An area, either at ground level or elevated on a structure, for the landing and takeoff of helicopters without auxiliary facilities such as parking, waiting rooms, fueling and maintenance equipment.

Heritage interpretation. Any communication, including, but not limited to, signs, brochures, exhibits, films and websites, designed to reveal meanings and relationships of cultural and natural heritage to the public, through first-hand involvement with a site, building, reconstructed building, artifact, landscape or monument.

Heritage tourism. Presenting, marketing and interpreting historic places, artifacts and attractions that authentically represent the stories and people of the past and present for the purpose of educating the public and generating revenue for the county. Heritage tourism cannot take precedence over the protection and preservation of a cultural resource or landscape.

Heritage site. The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural or archeological value regardless of the significance of any existing structure.

Highly erodible soils. Soils (excluding vegetation) with an erodibility index (EI) from sheet and rill erosion equal to or greater than eight (8). The erodibility index for any soil is defined as the product of the formula RKLS/T, where K is the soil susceptibility to water erosion in the surface layer; R is the rainfall and runoff; LS is the combined effects of slope length and steepness; and T is the soil loss tolerance.

Highly permeable soils. Soils with a given potential to transmit water through the soil profile. Highly permeable soils are identified as any soil having a permeability of greater than six (6) inches of water movement per hour in any part of the soil profile to a depth of seventy-two (72) inches (permeability groups "rapid" and "very rapid") as found in the National Soil Survey Handbook of November 1996 in the Field Office Technical Guide of the U.S. Department of Agriculture Natural Resource Conservation Service.

Highway engineer. The residency administrator of the area of Stafford County employed by the Virginia Department of Transportation or a representative.

Historic integrity. The authenticity of a property's identity, evinced by the survival of physical characteristics that existed during the property's historic or prehistoric period. The seven qualities of integrity, as defined by the National Register program, are location, setting, feeling, association, design, workmanship and materials.

Hive. A box, skep, barrel, log gum, or other container used as a domicile for bees.

Holiday displays. Displays erected on a seasonal basis in observance of religious, national, or state holidays which are not intended to be permanent in nature, of less than ninety (90) days in duration and which contain no advertising material.

Holiday lighting. Temporary strings of small individual lamps.

Home-based rescue. An animal welfare organization that takes custody of companion animals for the purpose of facilitating adoption and houses such companion animals in a foster home or a system of foster homes.

Home business I. An occupation, profession, business, trade, e-commerce, or handicraft, carried on by the occupant of a single-family dwelling as an accessory use, which meets the following standards:

(1)

There shall be no employees other than family members who reside in the principal residence.

(2)

There shall be no substantial increase in vehicular trip generation by the home business I beyond that normally associated with the principal residential use.

(3)

Customer visits may occur:

a.

By appointment only and shall be scheduled in a manner which does not permit customers to wait for their appointments;

b.

Up to six (6) days per week between the hours of 8:00 a.m. to 8:00 p.m. EST Monday through Friday, 9:00 a.m. to 8:00 p.m. EST Saturday, and 10:00 a.m. to 5:00 p.m. EST Sunday; and

c.

No more than five (5) total customer visits are permitted per day.

For the purposes of this definition, one customer visit is defined as the arrival at the home business I of a motor vehicle containing up to six (6) passengers.

(4)

The home business I must provide sufficient off-street parking for customers' vehicles in addition to the minimum requirements for the principle residential use.

(5)

The home business I may permit the parking of one vehicle associated with the home business I, which is less than thirteen thousand (13,000) pounds and parked off-street. Fleet parking shall not be permitted.

(6)

The home business I shall not occupy an area greater than twenty-five (25) percent of the finished floor area of the principal residence.

(7)

There shall be no outdoor storage of goods, merchandise or materials associated with the home business I.

(8)

The home business I shall not engage in retail or wholesale sale of goods or merchandise to customers directly on the premises. However, direct sales equal to the number of permitted customer visits per day shall not be considered retail sales.

(9)

The home business I shall comply with all federal, state, and local laws and regulations.

Home business II. An occupation, profession, business, trade, e-commerce, or handicraft carried on by the occupants of a single-family dwelling as an accessory use, which exceeds the definition and standards for home business I, and meets the following standards:

(1)

No more than two (2) employees shall be permitted to work on the premises at any given time other than the family members who reside in the principal residence.

(2)

Customer visits may occur:

a.

By appointment only and shall be scheduled in a manner which does not permit customers to wait for their appointment;

b.

Up to six (6) days per week between the hours of 8:00 a.m. to 8:00 p.m. EST Monday through Friday, 9:00 a.m. to 8:00 p.m. EST Saturday, and 10:00 a.m. to 5:00 p.m. EST Sunday; and

c.

No more than ten (10) total customer visits are permitted per day.

For the purposes of this standard, one customer visit is defined as the arrival at the home business II of a motor vehicle containing up to six (6) passengers.

(3)

The home business II must provide sufficient off-street parking for customers' vehicles in addition to the minimum requirements for the principle residential use.

(4)

The home business II may permit the parking of two (2) vehicles associated with the home business II, each individually less than thirteen thousand (13,000) pounds and parked off-street. Fleet parking shall not be permitted.

(5)

The home business II shall not occupy an area greater than twenty-five (25) percent of the finished floor area of the principal residence. The home business II may be located in an accessory building or structure. Any accessory building or structure associated with the home business II shall not be located within front yard setbacks, and shall be set back at least thirty (30) feet from all property lines.

(6)

Storage of merchandise, equipment, or materials associated with the home business II is permitted and shall be located in a primary residence or enclosed accessory building or structure. Storage areas outside of the primary residence, but within an enclosed accessory building or structure, shall not comprise more than fifteen (15) percent of the total area of the property on which the home business II is located.

(7)

The home business II shall not engage in retail or wholesale sale of goods or merchandise to customers directly on the premises. However, direct sales equal to the number of customer visits allowed per day shall not be considered retail sales.

(8)

The home business II shall comply with all federal, state, and local laws and regulations.

Home business, rural. A nonagricultural business carried on by the occupants of a single-family dwelling, on property at least three (3) acres in size located outside of the county's urban services area, intended for general office, professional office, personal service, contracting and construction uses, which may include storage of materials necessary to the conduct of the rural home business outside or in an accessory building(s) or structure(s) and meets the following standards:

(1)

No more than three (3) employees shall be permitted to work on the premises at any given time other than the family members who reside in the principal residence.

(2)

The rural home business shall not occupy an area greater than twenty-five (25) percent of the finished floor area of the principal residence.

(3)

The rural home business may be located in an accessory building or structure: The total gross floor area of nonresidential buildings or structures devoted to the rural home business shall not exceed four thousand (4,000) square feet. Any accessory building or structure associated with the rural home business shall not be located within front yard setbacks, and shall be set back at least thirty (30) feet from all property lines.

(4)

Outdoor storage is permitted, but shall not be located within front yard setbacks and shall be set back at least thirty (30) feet from all property lines. Outdoor storage areas shall not comprise more than twenty-five (25) percent of the total area of the property on which the rural home business is located. Outdoor storage shall be screened from adjacent properties and roadways in accordance with the screening standards in the design and construction standards for landscaping, buffering and screening (DCSL).

(5)

Parking of vehicles associated with the business may be permitted in accordance with the approval of the special exception.

(6)

The rural home business shall not engage in retail or wholesale sale of goods or merchandise to customers directly on the premises.

(7)

A generalized development plan in accordance with article XIII of this chapter must be submitted prior to approval of a certificate of occupancy for the rural home business.

(8)

The rural home business shall comply with all federal, state, and local laws and regulations.

Home occupation. An occupation, profession, business, e-commerce or trade, carried on by the occupant of a dwelling unit as an accessory use, which meets the following standards:

(1)

There shall be no employees other than family members who reside in the principal residence.

(2)

There shall be no customer visits permitted.

(3)

There shall be no substantial increase in vehicular trip generation by the home occupation beyond that normally associated with the principal residential use.

(4)

The home occupation shall be located within the principal residence and not occupy an area greater than twenty-five (25) percent of the finished floor area of the principal residence.

(5)

The home occupation may only sell or transfer goods and merchandise offsite. There shall be no indoor or outdoor storage of goods or merchandise for sale or purchase from the premises associated with the home occupation.

(6)

The home occupation shall comply with all federal, state, and local laws and regulations.

Hospital. A facility and/or associated use required to be licensed as a hospital in accordance with the Code of Virginia, or a facility providing and/or associated with "service or services" as defined in Virginia Code § 37.2-403 et seq. and required to be licensed thereunder, in which the primary function is the provision of diagnosis, of treatment, and of medical and nursing services, surgical or nonsurgical, for two (2) or more nonrelated individuals, including hospitals, divisions, departments and/or subsidiaries of hospitals, known by varying nomenclature or designation including but not limited to children's hospitals, sanatoriums, sanitariums and general, acute, rehabilitation, chronic disease, short-term, long-term, outpatient surgical, free standing departments, and inpatient or outpatient maternity hospitals. Any use that qualifies as a hospital shall not be considered a medical, dental, or psychiatric clinic. Services defined in Virginia Code § 37.2-403 et seq., but which are delivered by a licensed provider "in-home" shall not be considered to constitute a hospital; further, "group home(s)" and/or "residential facilities" (health department-licensed or social services-licensed) shall not be considered to constitute a hospital and are defined and regulated as provided in this chapter.

Hotel/motel. A facility offering transient lodging accommodations to the general public or on a time-share basis and which may provide additional services such as restaurants, meeting rooms and recreational facilities.

Illuminance. The amount of luminous flux per unit area in the imperial system and is equal to one lumen per square foot, measured in footcandles. One footcandle equals approximately 0.1 (0.093) lux.

Illuminating Engineering Society of North America (IES or IESNA). An organization that establishes updated standards and illumination guidelines for the lighting industry.

Impervious surface. A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt or compacted gravel surface.

Improvements. All utilities, facilities, signs, lights, buildings and structures, including but not limited to, streets, storm and sanitary sewers, waterlines, curb and gutter, and landscaping required pursuant to the terms of the ordinances of the county.

Industrial, heavy. Activities related to business and industrial uses such as heavy manufacturing, light industrial uses, mining and resource extraction.

Industrial, light. Activities related to business and industrial uses such as construction, light manufacturing, transportation, communication, utilities and wholesale trade.

Industrial park. A tract of land which has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to parking, circulation, utility needs, aesthetics and compatibility.

Inoperative motor vehicle. Any motor vehicle which is not in operating condition, or which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle, or on which there are not displayed valid license plates or a valid Virginia inspection decal and a current county automobile license decal, as required to operate a motor vehicle on public roads.

Integrated management practices (IMP). Low-impact development micro-scale and distributed management techniques to maintain predevelopment site hydrology. Integrated management practices shall include bioretention facilities, dry wells, filter/buffer strips, grassed swales, rain barrels, cisterns, infiltration trenches and amended soils as specified in low-impact development design manuals.

Interment. All forms of final disposition of human remains including, but not limited to, earth burial, mausoleum entombment and niche or columbarium inurnment. The sprinkling of ashes on church grounds shall not constitute interment.

Junkyard. The use of land within one hundred (100) feet of any state road or more than two hundred (200) square feet 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. Any establishment, including home-based rescues, in which canines, felines, or hybrids are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing for routine profit, sale, or rental.

Kennel, noncommercial. Any establishment in which six (6) or more canines, felines, or hybrids of either of more than six (6) months of age are kept and maintained by the resident of the property as an accessory use. All kennels shall comply with the accessory structure/use regulations for the district.

Lamp. The generic term for an artificial light source, to be distinguished from the whole assembly (see "Lighting fixture"); commonly referred to as the "light bulb."

Lamp lumen depreciation (LLD). Factor (between 0.0 and 1.0) used to describe how the lamp output changes with time compared to the initial output.

Land disturbing activity. See section 11-2 of the county Code.

Landscape architect. A person who, by reason of his special knowledge of natural, physical and mathematical sciences, and the principles and methodology of landscape architecture and landscape architectural design acquired by professional education, practical experience, or both, is qualified to engage in the practice of landscape architecture and whose competence has been attested by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects of the Commonwealth of Virginia through licensure as a landscape architect.

Landscape design. The planned treatment of land, structures and flora complimenting building construction of land developments.

Landscaping. The introduction or selective retention of flourishing trees and shrubs carefully selected and arranged to perform a design purpose or environmental function, such as controlling visual direction, providing definition to architecture, modifying climate, filtering air pollution, and controlling runoff and erosion. Trees and shrubs shall be the primary plant materials to apply to the development of the required landscaping and street planting. Street planting may include berms and low walls in conjunctions with trees and shrubs.

Land use pods. Identified areas on the preliminary concept plan which specify uses to be developed. Land use pod development categories shall include one or more of the following: office, commercial, residential, commercial, industrial/research.

Light loss factor. Factor (between 0.0 and 1.0) describing light output of a luminaire after loss due to dirt accumulation and lamp lumen deprecation, relative to the output when the lamp and luminaire are new. LLF = LDD x LLD.

Light trespass. Light falling where it is not wanted or needed, typically across property boundaries.

Lighting fixture. A complete lighting unit consisting of the lamp, lens, optical reflector, housing, and electrical components necessary for ignition and control of the lamp, which may include a ballast, starter, and/or photo control.

Lighting fixture, directionally shielded. A lighting fixture which emits a light distribution where some light is emitted at or above a horizontal plane located at the bottom of a fixture. Such fixtures may contain visors, louvers, or other types of shields or lenses which are designed to direct light onto a targeted area and to minimize stray light.

Lighting fixture, full cutoff or fully shielded. Outdoor lighting fixture which emits zero (0) percent of its light above ninety (90) degrees and ten (10) percent above eighty (80) degrees from the horizontal.

Lighting fixture, outdoor. An outdoor illuminating device, or reflective surface, lamp or similar device, permanently installed, used for illumination or decoration. Such devices shall include, but are not limited to, lights used for: buildings and structures, recreational areas, parking lot lighting, landscaping, architectural lighting, street lighting, building overhangs, or open canopies, and security lighting.

Lighting, pedestrian scale. Light standards or placements not greater than fourteen (14) feet in height along walkways.

Lighting, security. Lighting intended to reduce the risk of personal attack, discourage intruders, vandals, or burglars, and to facilitate active surveillance of an area by designated surveillance personal or by remote camera.

Lighting, security motion sensing. Any fixture designed, and properly adjusted, to illuminate an area around a residence or other building by means of switching a lamp on when motion is detected inside the area or perimeter, and switching the lamp off when the detected motion ceases.

Live-aboard vessel. Any vessel used as a residence or represented as a place of business, a professional or other commercial enterprise, or a legal residence. A commercial fishing boat is expressly excluded from the term "live-aboard vessel."

Live entertainment. Live entertainment associated with an adult use is defined in section 4-86 of the county Code.

Live/work unit. A building containing commercial unit(s) and dwelling unit(s). The dwelling unit(s) shall be on floors above the commercial unit(s). The access to the dwelling unit(s) shall be within the building containing the commercial unit(s). The occupant of the single-family unit does not have to be the occupant of the commercial unit. The floor area for each type of unit, commercial or single-family, excludes any stairs or hallways used to access the unit(s). This term does not include commercial apartments or three-family dwellings.

Lot. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law.

Lot, corner. A lot or parcel of land abutting two (2) or more streets at their intersection, or upon the same street forming an interior angle of less than one hundred ten (110) degrees.

Lot coverage. The portion of a lot or parcel covered by impervious surface.

Lot dimensions (depth, width). See this section, "Measurements."

Lot, double frontage. A lot with frontage on two (2) parallel streets or upon two (2) streets which do not intersect at the boundaries of the lot.

Lot frontage. See this section, "Measurements."

Lot, interior. A lot with only one street frontage.

Lot line. For purpose of this chapter, any boundary line of a lot as defined herein.

Lot line, front. A street line which forms the boundary of a lot; or, in the case where a lot does not abut a street other than by an ingress/egress easement or private access easement (PAE), or has double frontage, that lot line which faces the principal entrance of the main building. On a corner lot, the shorter street line shall be deemed to be the front lot line regardless of the location of the principal entrance or approach to the main building.

Lot line, parent. Lot lines established prior to subdivision of property.

Lot line, primary side. Any lot line that touches the front lot line and extends to at least the front building restriction line.

Lot line, rear. A lot line or lot lines most distant from and opposite the front lot line. If a rear lot line is less than ten (10) feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a ten-foot line parallel to the front lot line, lying wholly within the lot for the purpose of establishing the required minimum rear yard.

Lot line, side. Any lot line which is neither a front lot line nor a rear lot line.

Lot, pipe stem. A lot which does not abut a public street other than by its driveway which affords access to the lot from the public road (also known as a flag lot).

Lot of record. A lot which has been duly recorded in the Office of the Clerk of the Circuit Court of Stafford County.

Lowest floor. See subsection 28-57(a).

Low-growing vegetation. Any form of vegetation that does not grow to a mature height greater than twenty-four (24) inches and is on the approved list of plantings as depicted in Table 6.4.

Lumen. A quantitative unit measuring the amount of light emitted from a light source.

Luminaire dirt depreciation (LDD). Factor (between 0.0 and 1.0) used to describe how much light is produced by the lamp that is not lost to dirt accumulation and other changes in the optical characteristics of the luminaire, relative to the value when the luminaire is new.

Machinery sale and service. An establishment for the sale, rental, and/or service of equipment normally or routinely used by homeowners, on farms and in gardens, or on a temporary basis by nonresidential uses, and related parts, tools and accessories. Sale and repair of motor vehicles designed for transport are not considered machinery sale and service.

Maintained illuminance level. Level which is determined as a percentage of the initial illuminance level. The percentage is different for the various types of lamp sources. This number is reported as a part of the photometric plan.

Manufactured home. A structure subject to federal regulation, which is: transportable in one or more sections; and, is eight (8) body feet or more in width and forty (40) body feet or more in length, or is three hundred twenty (320) or more square feet when erected on-site; 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 park. A site with required improvements and utilities for the parking of manufactured homes on a leasehold basis, which may include services and amenities for the residents.

Manufactured home subdivision. A site with required improvements and utilities for the parking of manufactured homes on a fee simple basis, which may include services and amenities for residents.

Manufacturing, heavy. Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembly of component parts, the manufacture of products and the blending of materials such as lubricating oils, plastics, resins, or liquors, pharmaceuticals, soaps and toiletries, concrete, brick, tile, recycling, asphalt, slaughter operations and similar uses. This definition does not include handicrafts.

Manufacturing, light. Establishments engaged in the mechanical transformation of materials into new products including the assembling of component parts or the manufacture of products for the wholesale market rather than direct sales. Examples of this use include the machine production of cabinets and furniture, textiles, food products, ceramics and pottery, tools and hardware, machinery, appliances, and photographic processing and bottling and canning plants and similar uses. This definition does not include handicrafts.

Marina. A facility for the storage (wet and dry), launching and mooring of boats, together with accessory retail and service uses, including restaurants and live-a-boards, except where prohibited by county Code, but not including docks accessory to a land-based dwelling unit limited to the use of owners or occupants of the dwelling units.

Market value. As used in this chapter, the building value, not including the land value or the value of any accessory structures on a lot. Market value may be established by an independent certified appraisal, replacement cost depreciated for building age or quality of construction, or adjusted tax assessed value.

Marquee. A permanent structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather and used for signage.

Maximum net density. The maximum density permitted to be developed per unit of land on the net buildable area of a site, as measured in dwelling units or rooms per acre.

Microbrewery. A facility that produces and sells no more than ten thousand (10,000) barrels of beer, malt liquor or ale, annually, and as regulated by any applicable Virginia law.

Microcell communication facility (mini- or micro-communication facilities). Equipment consisting of a low wattage antenna and related equipment designed to supplement an existing service area by receiving and/or transmitting wireless communication signals. The antenna and related equipment shall be affixed as an accessory use to a building or structure in accordance with subsection 28-39(x).

Minimum floor elevation. The lowest floor elevation permissible for the construction, erection, or other placement of any floor, including basement and cellar floors.

Mobile home. See "Manufactured home."

Mobile home park. See "Manufactured home park."

Modular home. A dwelling made of two (2) or more modular units transported to the home site, placed on a permanent foundation and joined to make a single dwelling unit on a permanently improved parcel of ground.

Modular unit. A factory-fabricated transportable unit designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees and other sub-elements incorporated into a structure at the site. A modular unit is regulated as an industrialized building unit under Title 36, Chapter 4 (Code of Virginia, § 36-70 et seq.) of the Code of Virginia.

Modular unit designed for temporary office or classroom. A modular unit designed solely for use as a temporary office or classroom. Placement, use, and occupancy of the unit shall comply with the appropriate county, state, and federal code and regulations.

Motel. See "Hotel/motel."

Motor vehicle. A self-propelled vehicle or any trailer licensed by the department of motor vehicles.

Motor vehicle rental facility. A building, structure or land used for the display and/rental of motor vehicles other than boats.

Motor vehicle sales facility. A building, structure or land used for display, sales or lease of motor vehicles, other than boats.

Mounting height. The distance from level ground to the lowest light-emitting part of the lighting fixture.

Multi-way boulevard. A major thoroughfare with associated on-street parking on adjacent frontage roads located in the UD zoning district and intended to carry high volumes of traffic.

Museum. A permanent building or landscape in the service of society, which acquires, stores, conserves, researches, communicates and exhibits material evidence of people and their environment for purposes of study, education and enjoyment by the public.

Neighborhood center. A concentrated area of no more than ten (10) acres containing up to one hundred thousand (100,000) square feet of low-intensity commercial retail and institutional uses that provide personal and community services to the immediate residential community. Site design is typified by orientation to pedestrians with sidewalks within the commercial area and connection to residences by a network of sidewalks, walking trails and paths; bicycle trails may be incorporated as appropriate; on-site parking is located to the rear of buildings, on-street parking may be provided, and interparcel access is provided; signs are unobtrusive.

Net area. The gross area of a site minus all wetlands, floodplains, and slopes greater than thirty-five (35) percent.

Net linear feet. The amount of linear footage along a street or property line that requires a planting area, not including any area used for vehicular access or LID, or any area being saved under the requirements of Section 140, Credits, of the DCSL. It may include sidewalks and utility easements that cross perpendicular through the planting area.

Nightclub. An establishment, excluding theaters and recreational enterprises, which provides entertainment (including but not limited to, live bands, floor shows, comedians, solo artists, and/or a dance floor for patrons), more than two (2) times per month, stays open after 11:00 p.m., and has a capacity exceeding one hundred (100) patrons.

Nonconformity. An lawful structure, lot, use or sign which exists on the effective date of adoption or amendment of this chapter that could not be built under the current regulations in the district in which it is located.

Nonpoint source pollution. Pollution consisting of constituents such as sediment, nutrients and organic and toxic substances from diffuse sources, such as runoff from agriculture and urban land development.

Nonprofit organization. An entity that exists solely for religious, charitable, educational, political or civic purposes and is not in business to make a profit.

Nontidal wetlands. Those wetlands other than tidal wetlands "that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions" as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the federal Clean Water Act, in C.F.R. 328.3b.

Nursing home. An extended or intermediate care facility licensed or approved by the appropriate state and local agencies to provide fulltime convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.

Obstruction, airport. Any structure, vegetation or other object, including a mobile object, which exceeds a limiting height or penetrates any airport surface or zone floor elevation.

Office, flex. A room or group of rooms that provides combined office, low intensity commercial retail, light manufacturing and warehouse facilities made up of one or more small establishments.

Office, general. A room or group of rooms used for conducting the affairs of a business, service, industry or government.

Office, medical/dental. A room or group of rooms used for a medical, dental, or psychiatric practice offering medical services on an outpatient basis and including a total of not more than the full-time equivalent of two (2) principal health care providers and two (2) other health care providers, exclusive of administrative or clerical staff, providing services on the premises. A medical, dental or psychiatric office may also contain associated in-house ancillary services such as in-house diagnostic testing facilities, medical counseling services and similar services. There shall be no overnight stay or treatment. Normal activities shall not include internal surgery, nor use of general anesthetics.

Office park. A tract of land that contains two (2) or more buildings designed and constructed for occupancy of, or occupied by, general, medical/dental and/or professional businesses and/or personnel.

Office, professional. A room or group of rooms used for conducting the affairs of a profession, such as the practice of law, engineering, architecture, surveying, consulting, and similar recognized professions.

Off-site. Any area which does not fall within the boundaries of a subject property to be developed or planned.

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

On-site. Located on the lot in question, except in the context of facilities intended for a development, in which case the term shall mean within the boundaries of the development as a whole.

On-street parking. Motor vehicle parking spaces located along public or private streets.

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

Open space. Undeveloped land or water left in undisturbed, open condition or developed as a landscaped area or buildings, streets or parking lots, used primarily for resource protection or recreational purposes. This includes lands used for normal agricultural activities and left in cultivation.

Open space land. Any land which is provided or preserved for park or recreational purposes, conservation of land, or other natural resources; historic or scenic purposes; assisting in the shaping of the character; direction, or timing of community development; wetlands; agricultural production or forestry.

Open space ratio (OSR). The percentage of the total gross area of a parcel that is open space and not impervious surface.

Ornamental grass. An annual or perennial grass plant valued for its texture and color in the landscape, typically grown for its showy foliage and visual contrast.

Other health care provider. A health care professional who may provide patient care, patient support, or ancillary medical services under the supervision of a principal health care provider. For the purpose of this chapter, this shall include nurse practitioners, registered or licensed practical nurses, physician's assistant, dental hygienist, sonographers, phlebotomists, or similar commonwealth licensed or certified medical professions.

Overnight parking. The parking of any operable vehicle during the hours of 11:00 p.m. to 6:00 a.m. excluding temporary parking for loading activities.

Pad, development. See "Construction footprint."

Pad site. Any part of the land originally developed as a shopping center, industrial park or office park intended to contain, through sale or lease, at least one freestanding building designed, planned, constructed, or managed on an integrated and coordinated basis.

Parcel. See "Lot."

Park. An area of public land with walks, playfields, playgrounds, etc., designed for recreational purposes.

Parking garage/deck. An above grade and/or below grade structure used as a parking lot for the off-street parking of operable vehicles on a temporary basis, under public or private ownership.

Parking lot, public. A parking area forming the principal or accessory use of a lot available to the public, or as an accommodation to employees, clients, or customers of a use on an adjacent or nearby lot, with or without a fee being charged, but shall not include any area wherein vehicles for sale, repair, or temporary impoundment are kept or stored.

Pedestrian passage. A pedestrian accessway connecting two (2) public streets located mid-block in the UD district and intended to break up long blocks.

Pedestrian shed. A pedestrian shed is an area within a community located in the P-TND district that has a destination point in which most residents within the community would travel to, either walking or riding a bicycle.

Performance guarantee. A bond, surety, escrow account, cashier's check, or cash deposit approved by the board of supervisors, in an amount specified by the county, equal to one hundred fifty (150) percent of the full cost of improvements required by these regulations and intended to provide for completion of required improvements within a specified period of time.

Pet store. A retail establishment engaged in the retail sale of domestic animals such as dogs, cats, fish, birds and rodents, along with equipment and food necessary for the keeping of pets. Limited on-site grooming and a veterinary vaccination clinic are permitted as accessory uses, but a pet store does not include boarding.

Photometric plan. Locations of all pole mounted and building/wall mounted fixtures and a numerical ten-foot by ten-foot grid of lighting levels, in footcandles, that the fixtures will produce on the ground. The photometric plan will indicate the minimum and maximum footcandles within the lighted area of the site. The minimum (lowest number) is usually at the outer edge of the illuminated area to between two (2) fixtures. The average light level is determined by adding the footcandle value of all the points on the grid and dividing by the total number of points.

Place of worship. A structure or place in which worship, ceremonies, rituals, and education are held, together with its accessory buildings and uses (including buildings used for educational and recreational activities), operated, maintained and controlled under the direction of a religious group. Places of worship include churches, mosques, synagogues and temples. Accessory uses may include school facilities, parking, caretaker's housing, pastor's housing, and group living facilities such as convents.

Plan, comprehensive. The plan for the development of Stafford County with accompanying maps, plats, charts, and descriptive materials adopted by the board of supervisors in accordance with the Code of Virginia, § 15.2-2223 et seq.

Plan of development. A plan or subdivision plat reviewed under this chapter to ensure compliance with Code of Virginia, § 62.1-44.15:74 and this chapter, prior to any clearing or grading of a site or the issuance of a building permit.

Plant nursery. An enterprise which conducts the retail and wholesale of plants grown on the site, as well as accessory items (but not power equipment such as gas or electric lawn mowers and farm implements) directly related to their care and maintenance. The accessory items normally sold are clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes and shovels.

Plant unit (p.u.). A specific value assigned to each type of tree or shrub to determine the required amount of buffering or landscaping to be provided or credited within a designated area.

Planting area. Area of the property designated to provide the required planting of this [chapter] and the DCSL. It shall not include sidewalks and utility easements parallel to the street or property line adjacent to the planting area.

Plat. A diagram or map, drawn to scale, showing tracts, parcels, lots, subdivisions and land boundaries.

Playground. A location for outdoor recreation.

Porch. A structure extending from the outside wall of a building above ground level with a roof but not enclosed by other than a protective railing with or without screening. Enclosure with materials other than screening results in the creation of a building no longer considered a porch.

Preliminary concept plan. A basic sketch or plan that depicts zones or pods of individual land use types, general street location, open space areas, pedestrian access, and generalized stormwater management approaches for proposed development, together with a traffic impact study, submitted to the county and approved by the planning commission prior to the issuance of a building permit within the RBC zoning district. Engineering or construction drawings may be submitted, but are not required as part of a preliminary concept plan.

Primary surface, airport. A surface longitudinally centered on an airport runway. The primary surface for the Stafford Regional Airport runway extends two hundred (200) feet beyond each end of the runway and is one thousand (1,000) feet wide. The elevation of the primary surface is the same as the elevation of the nearest point on the runway centerline.

Primary travel lane. A travel lane or drive that is not a public or private street and typically located within a development.

Principal building. One or more of the larger buildings within a planned-traditional neighborhood development (P-TND) zoning district, situated at a prominent location, with vehicular access from at least one principal street. The neighborhood design standards plan shall establish upgraded architectural standards for principal buildings. At least fifty (50) percent of the square footage of the buildings in the development shall be defined as principal buildings.

Principal health care provider. A health care professional licensed to operate in the commonwealth who provides care to patients and may refer patients or receive referrals for specific medical, dental or psychiatric services, particularly in an outpatient setting. For the purpose of this chapter, principal health care provider shall include licensed physicians, dentists, psychiatrists, and physicians specialists such as dermatologist, dental surgeon, ophthalmologist and similar physicians.

Principal street. The street fronting a building in the P-TND district. Typically, the principal street is the one from which a building derives its street address.

Privacy/opaque fence. A fence at least six (6) feet in height which does not allow the passage of radiant energy or light for all portions of the fence. Maintenance of the fence shall be in compliance with section 28-89 of the Zoning Ordinance. Cloth, plastic or other fence covers attached to or inserted within a chain link fence shall not be permitted.

Private access easement (PAE). An ingress/egress easement specifically authorized by the agent or designee to allow access to one or more lots in a minor subdivision which does not have frontage on a public street.

Private animal shelter. A facility that is used to house or contain animals and that is owned or operated by an incorporated, nonprofit, and nongovernmental entity, including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals.

Private street. Any means of access to property which the public may not use without the permission of one or more owners of the property served.

Private travel lane. A travel lane or access way serving a single-family residential lot or group of residential lots, but not considered a private street.

Profile. A drawing of a side or sectional elevation.

Propane and heating fuel distribution facility. A commercial establishment that stores and distributes manufactured and natural gas directly to the customer. The facility may fill or refill enclosed portable containers of natural or manufactured gas. This term shall not include the sale of enclosed portable containers of natural or manufactured gas at retail establishments.

Property. A tract, lot or parcel of land, or several tracts, lots or parcels of land, collected together for the purpose of subdividing, preparing a site development plan, or stablishing development.

Public area. Any public place, public right-of-way, any parking area or right-of-way open to use by the general public, or any navigable body of water.

Public art. Items expressing creative skill or imagination in a visual form, such as painting or sculpture, which are intended to beautify or provide aesthetic influences to public areas.

Public facilities. Public infrastructure typically supplied by a governmental organization for general public use including, but not limited to, streets, highways, airports, parks, schools owned and/or operated by Stafford County or the commonwealth, public parking lots, police facilities, corrections and fire protective facilities.

Public street. A publicly owned and maintained street.

Public utilities. Buildings, structures and facilities including generating facilities, substations, switching stations, poles, lines (including distribution and transmission lines), pipes, pumping stations, water treatment facilities, wastewater treatment facilities (not including on-site sewage disposal systems), repeaters, antennas, transmitters and receivers, valves and all buildings and structures relating to the furnishing of utility services, such as electric, gas, telephone, broadband communications, water, sewer and public transit to the public.

Public works. See "Public utilities."

Push cart. A cart or stand used by a street vender to sell food, goods, or services at retail on sidewalks, parks or other public gathering areas.

Receiving area. One or more areas identified in article XX of this chapter and designated by the comprehensive plan as an area authorized to receive development rights transferred from a sending area.

Receiving property. A separate parcel of land within a receiving area and within which development rights are increased pursuant to a transfer of development rights to the property.

Recreation, active. Recreational uses, areas and activities oriented toward potential competition and involving special equipment. Playgrounds, sports fields, courts, swimming pools, skating rinks and golf courses are examples of active recreational uses.

Recreation, passive. Recreational uses, areas or activities oriented to noncompetitive activities which require no special equipment. Natural or scenic areas for hiking, sitting, walking, bicycling, equestrian activities, bird watching, and picnics are examples of passive recreational uses.

Recreational enterprise. Commercial establishment providing recreational services, including but not limited to, bowling alleys, skating rinks, swimming pools, tennis and racquetball courts, miniature golf, health spas, martial arts instruction and fitness centers.

Recreational facility. An enclosed, indoor area used by the general public for recreational purposes. Recreational facilities may include, but are not limited to, stadiums, arenas, skating rinks, video game facilities, or senior citizen recreational facilities.

Recreational vehicle (RV). A vehicle that is either self-propelled or towed, and is designed as a temporary dwelling for travel, recreation and vacation, licensed by the department of motor vehicles.

Recycling facilities. A structure, or confined site or place where recycling activities such as the extraction and processing or reprocessing of useful materials from pre-sorted recyclable materials takes place. This definition does not apply to wrecked, inoperable, or abandoned motor vehicles or parts thereof.

Redevelopment. The removal and replacement, rehabilitation, or adaptive reuse of an existing structure(s), building(s), or land from which previous improvements have been removed. Replacement may include construction of residential, commercial, industrial, public, or other uses as well as provisions for streets, parks and other public works (facilities).

Regulating plan. The proposed land use plan identifying the transect zones, primary streets, civic building and uses, pedestrian sheds, primary commercial frontage, and vista terminations for a traditional neighborhood development (TND).

Resident. A person who resides in a dwelling for more than ninety (90) days in a calendar year.

Residential facility, health department-licensed. A facility in which no more than eight (8) individuals with mental illness, mental retardation, or developmental disabilities reside, with one or more resident counselors or other staff persons, considered as residential occupancy by a single-family and allowed in any residential zoning district by-right. For the purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401. For purposes of this definition, residential facility means any group home or other residential facility for which the department of behavioral health and developmental services is the licensing authority pursuant to the Code of Virginia.

Residential facility, social services-licensed. A facility in which no more than eight (8) aged, infirm, or disabled persons reside, with one or more resident counselors or other staff persons, considered as residential occupancy by a single-family. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For purposes of this definition, residential facility means any assisted living facility or residential facility in which aged, infirm, or disabled persons reside with one or more resident counselors or other staff persons and for which the department of social services is the licensing authority pursuant to the Virginia Code.

Resource protection area (RPA). That component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.

Restaurant (café). An establishment, other than a licensed farm winery or bed and breakfast establishment as defined in Code of Virginia, § 4.1-100, or a cider press and store selling cider pursuant to a farm winery license, which provides as a principal use, the sale of food, frozen desserts, and/or beverages in a state ready for consumption within the establishment.

Restaurant, delivery. A restaurant which conducts off-premises deliveries.

Restaurant, fast-food. A restaurant where the principal activity is the sale of pre-prepared or rapidly prepared food from a window or walk-up counter directly to the customer in a ready to consume state for consumption within the restaurant or off-premises.

Restaurant, sit-down. A restaurant where the prepared food is delivered to a table by waitstaff for consumption on-premises by the customer without the option of off-premises.

Restricted access entrance. An entrance to a residential development from a public street to a private street or access way equipped with a gate, gatehouse, or security cameras.

Retail food store. A medium to high intensity commercial retail use engaged in the retail sale of a complete assortment of food, food preparation and wrapping materials.

Retail sale. To sell in small quantities directly to the public. Private sales parties at a residence, not to exceed two (2) per week, and which are not open to the general public, shall not be considered a retail sale.

Retire. The process by which development rights are extinguished.

Retirement housing. A building or group of buildings comprised of more than one dwelling unit that is designed to accommodate the physical and social needs of senior citizens in a community setting for retirement and pre-retirement households where adult day care, congregate housing, duplex dwellings, multifamily dwellings, townhouse dwellings, patio house dwellings, village house dwellings, weak-link townhouse dwellings, single-family detached dwellings and ancillary commercial activities may be permitted.

Reverse frontage lot. Any lot in a residential subdivision which is adjacent to a public road that has been classified by the governing body or the Virginia Department of Transportation as a collector or arterial road and has its building front and its access to an internal local road.

Right-of-way. A strip of land acquired by grant, reservation, dedication, prescription, or condemnation and occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer, or other similar use.

Right-of-way width. The total width of a right-of-way as measured perpendicular from its sidelines.

RV park. A plot of ground upon which two (2) or more sites are located, established or maintained for occupancy by recreational vehicles.

Safety area, airport. A rectangular area, symmetrical about the runway centerline, which includes the runway, runway shoulders, and stopways, if present. The portion abutting the edge of the runway shoulders, runway ends and stopways is cleared, drained, graded, and usually turfed. Under normal conditions, the runway safety area is capable of supporting snow removal, firefighting, and rescue equipment and of accommodating occasional passage of aircraft without causing major damage to the aircraft.

Sawmill. A facility where logs are sawed into boards, paneling and other construction materials.

School. Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge excluding industrial or vocational schools or any schools owned and/or operated by Stafford County or the commonwealth.

School, industrial. An establishment which primarily teaches usable skills that prepare students for jobs in a trade or business that include, but not limited to:

(1)

The mechanical or chemical transformation of materials and goods into finished products.

(2)

The assembly or disassembly of machinery or equipment.

(3)

The use of chemicals or solvents for finished products.

(4)

The discharging of firearms.

(5)

Defense [defensive] driving techniques.

(6)

Driving trucks or heavy equipment.

School, vocational. An establishment offering courses of training in a skill or trade including instruction for certification by the state to operate an automobile or motorcycle. This term shall not include any training or instruction that requires the discharging of firearms, techniques for defense driving or operating a truck or heavy equipment. Except for automobile driving schools, all instructions and training shall be conducted indoors.

Screening. The method by which a view from one site to an adjacent site is shielded, concealed, or hidden. Screening techniques may include, but are not limited to: fences, walls, hedges, berms or other features.

Secondary building. One or more smaller buildings within a planned-traditional neighborhood development (P-TND) zoning district which are oriented to automobile traffic, including use of drive-through windows, as long as pedestrian connectivity is preserved throughout the entire development. No more than fifty (50) percent of the square footage of buildings on the property shall be defined as secondary buildings.

Security agreement. See "Performance guarantee."

Sending area. One or more areas identified in article XX of this chapter and designated by the comprehensive plan as an area from which development rights are authorized to be severed and transferred to a receiving area or transferee without relation to any particular property.

Sending property. A separate parcel of land or contiguous parcels as set forth in subsection 28-357(b) of this chapter within a sending area that are the subject of a transfer of development rights, where the landowner is conveying development rights of the parcel(s), and on which those rights are severed and may no longer be used. If contiguous parcels comprise a particular sending property, they are deemed to be one sending property.

Setback. See "Building line."

Shopping center. A group of more than six (6) commercial retail establishments with a gross floor area greater than or equal to twenty thousand (20,000) square feet planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic consideration and protection from the elements.

Shrub. A type of woody plant with relatively low height, consisting of several stems rather than a main trunk.

Shrub, large. A woody plant with relatively low height, consisting of several stems rather than a main trunk, which at maturity grows to greater than or equal to three (3) feet in height.

Shrub, small. A woody plant with relatively low height, consisting of several stems rather than a main trunk, which at maturity grows less than three (3) feet in height or can survive pruning to three (3) feet or less.

Sign. Any object, device, display, or structure, or part thereof, visible from a public place, a public right-of-way, any parking area or right-of-way open to use by the general public, or any navigable body of water which is designed and used to attract attention to an institution, organization, business, product, service, event, or location by any means involving words, letters, figures, designs, symbols, fixtures, logos, colors, illumination, or projected images. The term does not include public art, architectural elements incorporated into the style or function of a building, or flags of any nation, state, or other geopolitical entity not related to a commercial business, product, or service. The term "sign" also does not include the display of merchandise for sale on the site of the display.

Sign, A-frame. A two-faced sign with supports that are connected at the top and separated at the base, forming an "A" shape not more than four (4) feet high. These are also referred to as "sandwich board" signs. They are included in the term "portable sign."

Sign, animated. A sign or part of a sign that is designed to rotate, move or appear to rotate or move. Such a sign is sometimes referred to as a "moving sign."

Sign area. See, "Measurements."

Sign, banner. A temporary sign of flexible material affixed to a framework, between poles or flat surface.

Sign, business. A sign, which directs attention to a product, commodity or service available on the premises.

Sign, canopy. A sign attached or as an integral part of a canopy.

Sign, chalk-board. A single-faced, framed slate or chalk-board that can be written on with chalk or similar markers.

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

Sign dimensions (height, area). See, "Measurements."

Sign, electronic message center (EMC). A sign that displays images, scrolling images or moving images, including video, through the use of a series of grid lights, such as: cathode ray; light emitting diode display; plasma screen; liquid crystal display; fiber optics; or other similar electronic technology. This definition includes each of the following:

(1)

Signs which present images and/or messages that are similar to those which are ordinarily displayed on color television screens or computer monitors, where the image and/or message is in motion or appears as if it is motion;

(2)

Signs for which the images and/or messages are capable of being changed through any remote means; and

(3)

Signs presenting two (2) or more separate displays of images and/or messages by means of any scrolling cylinder or other scrolling device.

Sign face. The portion of a sign structure bearing the message.

Sign, feather. A lightweight, portable sign mounted along one edge on a single, vertical, flexible pole the physical structure of which at may resemble a sail, bow, or teardrop.

Sign, flashing. A sign that includes lights that flash, blink, or turn on and off intermittently.

Sign, freestanding. Any non-portable sign supported by a fence, retaining wall, or by a solid structural base not attached to a building.

Sign, ground-mounted. See "Freestanding sign."

Sign, illegal. Any sign erected without a required permit or which otherwise does not comply with any provisions of this article.

Sign, illuminated. A sign that is backlit, internally lighted, or indirectly lighted, but does not include a neon sign.

Sign, minor. A wall or freestanding sign not exceeding six (6) square feet in area, not exceeding five (5) feet in height, and not illuminated.

Sign, monument. A freestanding sign affixed to a structure built on grade in which the sign and the structure are an integral part of one another; not a pole sign or a portable sign.

Sign, neon. A sign containing exposed tubes filled with light-emitting gas.

Sign, nonconforming. Any sign which was lawfully erected in compliance with applicable regulations of the county and maintained prior to the effective date of this chapter of the zoning ordinance and which fails to conform to current standards and restrictions of the zoning ordinance.

Sign, off-premises. A sign that directs attention to a business, product, service or activity conducted, sold or offered at a location other than the premises on which the sign is erected.

Sign, pole. A sign that is mounted on one or more freestanding poles.

Sign, portable. Any temporary sign not permanently affixed to a building, structure, vehicle or the ground. It does not include a flag or banner.

Sign, projecting. Any sign, other than a wall, awning or marquee sign, affixed to a building and supported only by the wall on which it is mounted perpendicular to the building or wall and its leading edge extends more than six (6) inches beyond the building or wall.

Sign, public. A sign owned by and erected at the instance of a federal, state or local government agency.

Sign, roof. Any sign erected and constructed wholly on and over the roof of a building, supported by the roof structure.

Sign, temporary. Any sign intended to be displayed for a limited period, not to exceed sixty (60) days in duration for no more than two (2) sixty-day periods in a calendar year, is neither permanently installed in the ground, nor permanently affixed to a building or structure which is permanently installed in the ground.

Sign, vehicle or trailer. Any sign attached to or displayed on a vehicle, if the vehicle or trailer is used for the primary purpose of advertising a business establishment, product, service, or activity. Any such vehicle or trailer shall, without limitation, be considered to be used for the primary purpose of advertising if it fails to display current license plates, inspection sticker, or municipal decal, if the vehicle is inoperable, if evidence of paid-to-date local taxes cannot be made available, or if the sign alters the standard design of such vehicle or trailer.

Sign, wall. Any sign erected or painted on a flat vertical surface of a structure.

Sign, window. Any sign visible outside the window and attached to, or in front of, or behind the surface of a window or door.

Silvicultural activities. Forest management activities including, but not limited to, the harvesting of timber, the construction of roads and trails for forest management purposes, and the preparation of property for reforestation that are conducted in accordance with the silvicultural best management practices and enforced by the state forester pursuant to Code of Virginia, § 10.1-1105, and are located on land defined as real estate devoted to forest use under Code of Virginia, § 58.1-3230.

Site plan or site development plan. Detailed drawings or electronic images indicating all building construction, land improvements, and related information, prepared in accordance with articles XIII or XIV of this chapter.

Skyglow. The brightening of the nighttime sky that results from scattering and reflection of artificial light by moisture and dust particles in the atmosphere. Skyglow is caused by light directed or reflected upwards or sideways and reduces one's ability to view the night sky.

Solar facility. A commercial facility primarily consisting of activities, applications or devices designed to convert sunlight to electricity for storage and/or distribution from one property to other properties through a utility grid. Solar facility excludes residential or non-residential properties containing solar technology used to generate electricity for use on-site only.

Solar panel. A panel designed to absorb the sun's rays as a source of energy for generating electricity or heat.

Solar project site. The parcel(s) on which an energy storage facility or solar facility is located.

Specified anatomical areas. See section 4-86 of the county Code.

Specified sexual activities. See section 4-86 of the county Code.

Stoop. A small raised platform that serves as an entrance to a building.

Storage, outdoor. The keeping in an area that is not enclosed by a building of any goods or material other than outdoor display.

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

Street. Any means of property access that serves three (3) or more distinct properties, other than an alley intended to provide access to the rear of lots, designed in accordance with traffic-carrying capacities, specified by the standards of the county or the Virginia Department of Transportation's Maintenance Log of Functional Classification, whichever is applicable.

Street, avenue. A collector or major thoroughfare street in the UD district used to connect neighborhoods.

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

Street, local. A street that carries or is anticipated to carry a volume of traffic less than four hundred (400) vehicles per day; with a right-of-way width of fifty (50) feet to one hundred twenty (120) feet; these streets provide direct access to adjacent land and provide access to higher systems. Service to through traffic is discouraged.

Street, major collector. A street that carries or is anticipated to carry a volume of traffic between one thousand and one (1,001) and five thousand five hundred (5,500) vehicles per day; with a right-of-way width of ninety (90) feet; these streets provide service to large communities or other major traffic generators not served by the arterial system. They provide links to higher classified routes and serve as important intracounty travel corridors.

Street, minor arterial. Streets which interconnect and supplement the principal arterial system with a greater emphasis on land access and a lower level of traffic mobility. Right-of-way widths may vary from ninety (90) feet to one hundred forty (140) feet. They provide intracommunity service as well as connecting rural collectors to the urban highway system.

Street, minor collector. A street that carries or is anticipated to carry a volume of traffic between four hundred and one (401) and one thousand (1,000) vehicles per day; with a right-of-way width of fifty-six (56) feet to sixty-four (64) feet; these streets provide land access service and traffic circulation within residential, commercial and industrial areas. They collect local traffic and distribute it to the arterial system.

Street, multi-way boulevard. See "Multi-way boulevard."

Street, neighborhood local. See "Street, local."

Street, neighborhood yield. A street type limited to residential areas in the UD zoning district that serves two hundred fifty (250) vehicles a day or less.

Street, primary. A street or highway anticipated to carry a volume of traffic exceeding three thousand (3,000) vehicles per day, designed and maintained as a part of the Virginia Primary System.

Street, principal arterial. The most significant streets in the area which serve long distance travel demands such as state-wide and interstate travel. They provide service to major centers of activities, constitute the highest traffic volume corridors, carry the major portion of the area's through traffic, and provide continuity between other arterials.

Street, private. Any means of access to property which the public may not use without the permission of one or more owners of the property served.

Street, private access easement. See "Private access easement (PAE)."

Street, service drive. A public right-of-way generally parallel with, and contiguous to, a major highway, primarily designed to promote safety providing consolidated and orderly points of access to the major highway.

Streetscape. A design term within a TND referring to all the elements that constitute the physical makeup of a street and that, as a group, define its character, including, but not limited to, building frontage; street paving; street furniture; landscaping, including trees and other plantings; awnings and marquees; signs and lighting.

Streetscreen. A landscape strip, fence or wall located on the frontage line of a street or coplanar with the facade, at a minimum height of three (3) feet, for the purpose of demarcating the edge of a parking lot at the street frontage or demarcating the principal street frontage line.

Structure. Anything constructed, installed or portable, the use of which requires a location on a parcel of land, and which extends more than twelve (12) inches above the ground at any point.

Subdivider. An individual, corporation, proprietor, trust, trustee, joint venture, partnership or any other entity having legal title to any tract or parcel of land to be developed, whether or not they have given their power of attorney to one of their group or another individual or entity to act on their behalf in planning, negotiation or in representing or executing the requirements of the ordinances of the county.

Subdivision. Any change or rearrangement in the boundaries or division lines of any lot, parcel, piece or tract of land, or the division of such lot, parcel, piece or tract of land into two (2) or more parts, pieces, tracts, parcels or lots excluding pre-existing cemeteries and parcels created for a public use conveyed to the Board of Supervisors for Stafford County by a deed of gift or similar instrument.

Subdivision, family. Single division of lots or parcels permitted for the purpose of sale or gift to a member of the immediate family of the landowner.

Substantial alteration. The expansion or modification of a building or development that would result in a disturbance of land exceeding an area of two thousand five hundred (2,500) square feet in the land resource management area only.

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

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "commencement of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, safety or sanitary code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Substation. An un-manned facility serving the larger electrical distribution network that transforms electrical voltage from one level to another as electricity travels through the network. Electrical generation facilities are not considered substations.

Supervisors. The Stafford County Board of Supervisors.

Surety. See "Performance guarantee."

Tailor. A retail establishment engaged in the retail sale of clothing and whole cloth for the purpose of making clothes. In addition to cloth sales, the use involves the on-site or off-site alteration and fitting of clothes. Dry cleaning or garment washing is not included.

Technical review committee (TRC). The committee consisting of governmental agency representatives as designated by the agent and a member of the planning commission. The TRC is empowered with the responsibility for the technical review of preliminary subdivision plans, construction plans and site plans under the standards in the county code.

Test lane facility. A road track facility for the testing of current and developing technologies that are utilized in the automated processes at land border ports. Technologies may include, but are not limited to, license plate readers, radio frequency identification, radiation portal monitors (passive), microchip readers and similar equipment.

Theater. A building or part of a building devoted to showing motion pictures, or for dramatic dance, musical or other live performances.

Tidal shore (shore). Land contiguous to a tidal body of water between the mean low water level and the mean high water level.

Tidal wetlands. Vegetated and nonvegetated wetlands as defined in Code of Virginia, § 28.2-1300.

Tower, communication. A type of communication facility consisting of a freestanding framework or structure used for the elevation of a communication antenna(s).

Traditional neighborhood development (TND). An approach to land-use planning and urban design that promotes the development of pedestrian-friendly neighborhoods with a mix of uses, housing types and prices, lot sizes and density, architectural variety, a central civic building and use, a network of streets and alleys that may include on-street parallel parking, and defined development edges.

Trailer. See "Manufactured home."

Trailer park. See "Manufactured home park."

Transect zone. A specific area shown on the regulating plan for a traditional neighborhood development (TND). There is more than one transect zone and each transect zone has its own development requirements per subsection 28-39(p), such as, but not limited to, density, lot size, open space, types of uses and parking requirements.

Transfer of development rights (TDRs). The process prescribed under article XX of this chapter whereby the owner of a parcel or lot in a sending area may convey development rights to the owner of a lot or parcel in a receiving area or to another person or legal entity, whereby the development rights so conveyed are severed and extinguished from the sending property and may be exercised on the receiving property in addition to the development rights already existing regarding that parcel or may be held without relation to any particular property by the transferee.

Transfer of development rights (TDR) certificate. A document issued by the director agreeing, at the request of a transferor, to sever a specified number of residential development rights from a sending property in exchange for a restrictive covenant to which the county is a party, that restricts further development on the sending property.

Transferable development rights. Development rights that are transferred or transferable from a sending property.

Transferee. The person(s) or legal entity(s) who owns a receiving property to which development rights have been transferred from a sending property or who receives and holds development rights transferred from a sending property without relation to any particular property.

Transferor. The owner(s) of a sending property and a person or legal entity who conveys development rights that are held without relation to any particular property.

Transitional surface, airport. Any surface which extends outward at right angles (ninety (90) degree angles) to the airport runway centerline and extend at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they interest the horizontal and conical surfaces.

Travel lane. Space specifically designated and reserved on the site for the movement of vehicular traffic.

Travel trailer. A vehicle designed to provide temporary living quarters of such size or weight as not to require special highway movement permits when towed by a motor vehicle and having a gross trailer area less than three hundred twenty (320) square feet.

Tree. A woody, tall growing perennial plant generally consisting of one main stem or trunk, but including multiple-stemmed plants, which characteristically develops many branches, generally at greater height above the ground than shrubs.

Tree bed or planting bed. A planting area that encompasses the use of low-growing shrubs or groundcover.

Tree, canopy. A type of tree that, under normal growth conditions, will compose the top layer or canopy of vegetation and generally reach a mature height at or above forty (40) feet. A tree that, at the time of planting, is at least twelve (12) feet tall above the highest root, has a minimum caliper of three (3) inches diameter at breast height (DBH).

Tree, deciduous. Trees that lose their leaves each fall, go dormant for the winter, and leaf out again in spring.

Tree, evergreen. A type of tree that produces vegetation year-round and can assist with more efficient screening techniques.

Tree, large. A tree that, under normal growth conditions, reaches a mature height at or above forty (40) feet. A tree that, at the time of planting, is at least twelve (12) feet tall above the highest root and has a minimum caliper of three (3) inches diameter at breast height (DBH).

Tree, understory, or small. A type of tree that, under normal growth conditions, will grow to maturity beneath large trees and generally reach a mature height between ten (10) and forty (40) feet. A tree that, at the time of planting, is at least five (5) feet tall above the highest root.

Truck/freight terminals. An area and building(s) where cargo is stored and where trucks load and unload cargo on a regular basis.

Truck stop. Any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered including the dispensing of motor fuel or petroleum products directly into motor vehicles. A truck stop may also include overnight accommodation and restaurant facilities solely for the use of truck crews.

Truck wash. A building or structure containing facilities for washing motor vehicles, trucks, and truck trailers by production line, conveyor system or similar mechanical devices including self-service washing devices.

Turkey shoot. A shooting match or similar activity conducted by a nonprofit organization involving the discharge of firearms at a target or targets with the object of such activity being to determine a winner of a prize such as a turkey, ham, or other prize.

Uniformity level. Ratio of the minimal illuminance over the area weighted average illuminance.

Uplight. Light projected above the horizontal.

Urban development areas (UDAs). The areas designated by the comprehensive plan that are appropriate for higher density development and, to the extent feasible, appropriate to be used for redevelopment or infill development.

Urban services areas (USA). Areas designated by the comprehensive plan that may be served by public water and sewer facilities and services.

Use, nonresidential. Any use other than a residential use, community use or place of worship.

Use, residential. Any use associated with the occupancy of a dwelling.

Vehicle. A self-propelled device used for transportation of people or goods.

Vehicle, commercial. Any truck-tractor, trailer, semi-trailer, garbage truck, dump truck, cement truck, or similar vehicles or equipment with any gross weight; or any vehicle with a gross weight of more than ten thousand five hundred (10,500) pounds which is not owned, leased, or operated by the occupant of the property at which it is parked.

Vehicle, farm. A vehicle or trailer used for the transportation of goods or materials associated with the operation of a farm or active agricultural use.

Vestibule. A small entrance hall or covered area projecting from and attached to a primary structure.

Veterinary clinic. A facility staffed with medical personnel licensed in the State of Virginia for the purpose of attending to the medical needs of various animals.

Veterinary vaccination clinic. A facility staffed with medical personnel licensed in Virginia for the purpose of administering vaccinations to dogs and cats, providing heart worm testing and preventative medications for dogs, and providing flea and tick preventatives for dogs and cats.

Visitor center. A building, attraction, or place of interest that provides public information, including in-depth cultural or natural educational media displays, such as interpretive signage, and printed media describing area attractions relevant to tourism. A visitor's center shall not include artifact collections or an archive.

Vista. The visual or panoramic view of a streetscape or natural scenery. An illustration or photograph may be presented to show the vista. There shall be a "focal point" for the vista such as, but not limited to, a building, square, fountain or monument.

Vista termination. A location at the axial conclusion of a thoroughfare. A building located at a terminal vista designated on the regulating plan shall be required to be designed in response to the view along this axis through its articulation, elevation and/or location.

Warehouse, mini-storage. A building or group of buildings with limited or controlled access consisting of individual, small, self-contained units or vaults are rented or leased for the storage of business and/or household goods. Each unit is physically separated from other units and access is often provided through an overhead door.

Warehouse, storage. Storage and shipping operations characterized by volumes of traffic that exceed one hundred (100) vehicle trips per day, and which may include outdoor storage as well as indoor storage of goods.

Wayside stand/wayside market/roadside stand. Any structure or land used for the sale of agricultural or horticultural produce, or seafood harvested or produced by the proprietor.

Wetland mitigation bank. A wetland mitigation bank is a wetland or stream area that has been restored, established, enhanced, or preserved, which is then set aside to compensate for future conversions of wetlands for development activities, and is subject to the approval of state and federal regulatory agencies.

Wholesale businesses. Businesses primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or acting as agents or brokers and buying merchandise for or selling merchandise to, such individuals or companies. Comment: Lumber, plywood and millwork yards such as building materials establishments are generally classified as wholesale unless the primary operation is directly to the general public as opposed to builders. In such case, they are classified as retail operations.

Written order, requirement, decision, or determination. A letter written by the zoning administrator or administrative officer to an individual, sole proprietorship, partnership, corporation, or any other legal entity regarding the permissibility of a specific use or density. A zoning verification is not a written order, requirement, decision or determination.

Xeriscape. A landscaping method developed especially for arid and semiarid climates that utilize water-conserving techniques, such as the use of drought-tolerant plants, mulch, and efficient irrigation.

Yard. An open space between a building or group of buildings and the nearest line of a private access easement or property line of the property of which it is located.

Yard, front. An open space extending from the front property line or interior most line of a private access easement to the front building line or the nearest point to the front of a building.

Yard, rear. An open space extending from the rear property line to the rear building setback line or nearest point of the rear of a building.

Yard, side. An open space extending from the side property line to the side building setback line or nearest point of the side of a building.

Yard, street-facing side. An open space adjacent to a street and extending from the property line to the required yard of twenty-five (25) feet or the minimum front yard requirement for the zoning district, whichever is less.

Zoning administrator. The official charged with the enforcement of the provisions of this chapter.

(Ord. No. 094-29, § 28-205, 8-9-94; Ord. No. 095-09, 2-7-95; Ord. No. 095-10, 3-7-95; Ord. No. 095-49, 6-20-95; Ord. No. 096-05, 1-2-96; Ord. No. 096-09, 2-6-96; Ord. No. 096-50, 10-15-96; Ord. No. 097-43, 6-17-97; Ord. No. 097-62, 11-18-97; Ord. No. 098-21, 3-17-98; Ord. No. 098-42, 6-2-98; Ord. No. 098-46, 6-16-98; Ord. No. 099-01, 1-5-99; Ord. No. 099-26, 7-13-99; Ord. No. 099-40, 7-13-99; Ord. No. 099-42, 7-13-99; Ord. No. 000-25, 5-16-00; Ord. No. 000-34, 6-6-00; Ord. No. 000-35, 6-6-00; Ord. No. 000-41, 8-8-00; Ord. No. 000-06, 10-17-00; Ord. No. 000-26, 10-17-00; Ord. No. 000-29, 10-17-00; Ord. No. 001-04, 1-2-01; Ord. No. 001-16, 4-10-01; Ord. No. 001-27, 5-1-01; Ord. No. 001-58, 10-16-01; Ord. No. 001-79, 11-20-01; Ord. No. 002-08, 3-19-02; Ord. No. 002-18, 4-2-02; Ord. No. 002-17, 6-18-02; Ord. No. 002-39, 12-17-02; Ord. No. 002-41, 12-17-02; Ord. No. 003-28, 6-17-03; Ord. No. 003-29, 6-17-03; Ord. No. 003-45, 7-1-03; Ord. No. 003-03, 7-1-03; Ord. No. 003-42, 9-16-03; Ord. No. 003-07, 12-2-03; Ord. No. O05-23, 6-21-05; Ord. No. O05-33, 12-13-05; Ord. No. O05-60, 12-13-05; Ord. No. O06-01, 6-20-06; Ord. No. O06-59, 8-1-06; Ord. No. O06-83, 10-17-06; Ord. No. O06-73, 12-19-06; Ord. No. O07-20, 3-20-07; Ord. No. O07-39, 7-17-07; Ord. No. O07-68, 10-2-07; Ord. No. O07-77, 12-18-07; Ord. No. O07-78, 12-18-07; Ord. No. O08-02, 5-6-08; Ord. No. O08-42, 6-17-08; Ord. No. O08-38, 6-17-08; Ord. No. O08-56, 9-16-08; Ord. No. O08-27, 10-7-08; Ord. No. O08-80, 12-2-08; Ord. No. O09-12, 3-3-09; Ord. No. O09-13, 6-16-09; Ord. No. O09-18, 10-6-09; Ord. No. O09-32, 10-20-09; Ord. No. O10-12, 3-2-10; Ord. No. O10-15, 3-16-10; Ord. No. O10-35, 8-17-10; Ord. No. O10-38, 9-21-10; Ord. No. O10-29, 11-30-10; Ord. No. O10-46, 11-30-10; Ord. No. O11-16, 3-15-11; Ord. No. O1-14, 6-21-11; Ord. No. O11-18, 6-21-11; Ord. No. O12-01, 2-21-12; Ord. No. O12-04, 3-20-12; Ord. No. O12-05, 3-20-12; Ord. No. O12-07, 6-19-12; Ord. No. O12-17, 6-19-12; Ord. No. O12-16, 12-4-12; Ord. No. O12-33, 12-4-12; Ord. No. O13-21, 2-19-13; Ord. No. O13-07, 6-4-13; Ord. No. O13-34, 9-3-13; Ord. No. O13-36, 9-3-13; Ord. O14-10, 12-16-14; Ord. No. O15-03, 6-2-15; Ord. No. O15-16, 6-16-15; Ord. No. O15-24, 9-1-15; Ord. No. O16-38, 10-18-16; Ord. No. O17-04, 1-24-17; Ord. No. O17-12, 7-5-17; Ord. No. O18-09, 1-23-18; Ord. No. O18-19, 6-19-18; Ord. No. O18-16, 7-10-18; Ord. No. O18-06, 12-11-18;Ord. No. O19-20, 5-7-19; Ord. No. O19-15, 5-21-19; Ord. No. O19-21, 10-1-19; Ord. No. O20-06, 1-21-20; Ord. No. O20-07, 8-18-20; Ord. No. O20-19, 8-18-20; Ord. No. O21-07, 3-2-21; Ord. No. O21-24, 9-21-21; Ord. No. O22-18, 9-20-22; Ord. No. O23-01, 5-16-23; Ord. No. O23-24, 10-17-23; Ord. No. O24-03, 2-6-24; Ord. No. O25-07, 6-17-25)