Staunton City Zoning Code

means a subordinate building or a portion of the main building, the use of which is incidental to that of the dominant use of the main building or land.

means a use which is incidental to the main use of the premises.

See "Zoning administrator."

includes any writing, printing, painting, display, emblem, drawing, sign, or other device designed, used, or intended for advertising, whether placed on the ground, rocks, trees, tree-stumps, or other natural structures or on a building, structure, milestone, signboard, billboard, wallboard, roofboard, frame, support, fence, or other manmade structure, and any such advertising is a structure within the meaning of the word "structure" as used in this title.

means a way which affords only a secondary means of access to abutting property.

as applied to a building or structure, means a change or rearrangement in the structural parts, or an enlargement, whether by extending to a side or by increasing in height, for utility purposes.

means businesses whose primary function is entertainment, such as theaters, billiard halls, etc.

means any sign, the character or appearance of any element or part of which changes by any device, mechanical, electrical or otherwise.

means any sign advertising or identifying an apartment hotel.

See "Dwelling, multiple."

means a covering attached to a building or structure, erected in or over a window or door, and usually supported by gravity and a metal frame. (Zoning ordinance Art. 2).

means any sign located on the inside of fencing in an enclosed ballfield in a public park.

means any sign appended on or from a staff, pole, wire, frame or similar support, extending across the entire width of any street, road, highway or alley.

means a story partly or wholly underground; provided, however, that for purposes of height measurement, a basement shall be counted as a story where more than one-half of its height is above the average level of the adjoining ground.

means any sign, in excess of 150 square feet, advertising a person, place, event, product, business or other matter, which is remote from the site or property upon which the sign is erected or displayed.

means a building other than a hotel where, for compensation, meals or lodging and meals are provided for three or more but not exceeding nine guests.

means that portion of a lot bounded by the required rear and side yards and the building setback line. (Zoning ordinance Art. 2).

means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind, except a tent and a structure used for dwelling purposes commonly known as a trailer.

See "Accessory building."

means the vertical distance measured from the adjoining curb grade to the highest point of the roof surface if a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge for a gable, hip, or gambrel roof. Where buildings are set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building.

means a building in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be a main building on the lot on which it is situated.

means a line delineating the minimum allowable distance between the street right-of-way and the front of a structure, within which no building or other structure shall be placed except as provided in Chapters 18.110 and 18.120 SCC. The building setback line is parallel to or concentric with the street right-of-way.

means a single parcel of land under one ownership, occupied, or intended to be occupied, by a building or structure.

means two or more buildings, other than dwellings, grouped upon a lot and held under single ownership, such as universities, hospitals, and institutions.

means any sign advertising a business conducted within the building or structure, or upon the real property, on which the sign is erected or displayed. (Zoning ordinance Art. 2).

means any bulletin board type of sign erected or displayed on the real property of a church, chapel, temple, synagogue or other place of worship for the display of messages.

means any sign containing the name and type of work performed by a contractor or subcontractor and erected or displayed on the property upon which building operations are being conducted.

means any sign indicating the location of or direction to a place or object of public convenience, such as a restroom, telephone, bus stop or public parking area.

means a lot situated at the intersection of two or more streets, having an angle of intersection of not more than 135 degrees.

means the city council of Staunton, Virginia.

means an open, unoccupied space other than a yard on the same lot with a principal structure.

means the elevation of the established curb in front of the building measured at the center of such front. Where no curb grade has been established, the administrator shall establish such curb grade or its equivalent for the purpose of this title.

means any sign composed of one or more numerals painted on a curb located within a public right-of-way that designates the premises upon which it is located. (Zoning ordinance Art. 2).

means any place, home, or institution which receives six or more young children, conducted for cultivating the normal aptitude for exercise, play, observation, imitation, and construction.

means any sign indicating the location of or direction to a person, place, event, product, business or other matter which is remote from the site or property upon which the sign is erected or displayed.

means any section or sections of the city of Staunton for which the regulations governing the use of land and the use, density, bulk, height, and coverage of buildings and other structures are uniform.

means any sign having two parallel planes or surfaces upon which advertising is displayed.

means any building or portion thereof which is designed or used exclusively for residential purposes.

means a dwelling with two or more party walls, or one party wall in the case of a dwelling at the end of a group of attached dwellings.

means a detached building designed for occupancy by three or more families living independently of each other, exclusive of auto or trailer courts or camps, hotels, or resort type hotels.

means two dwellings with a single party wall common to both.

means a detached building designed to be occupied by one family, including a residential facility in which no more than eight mentally ill, mentally retarded, or developmentally disabled persons reside, with one or more resident counselors or other staff persons. 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 Section 54.1-3401 of the Code of Virginia, as amended. "Residential facility" as used herein includes, but is not limited to, any group or other residential facility for which the Department of Mental Health, Mental Retardation and Substance Abuse Services of the Commonwealth of Virginia is the licensing authority for such.

means a detached building designed to be occupied by two families living independently of each other, exclusive of auto or trailer courts or camps, hotels or resort type hotels.

means one or more rooms in a dwelling designed for occupancy by one family for living purposes and having cooking facilities. (Zoning ordinance Art. 2).

means one or more persons occupying a dwelling and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, or hotel as defined herein.

means a piece of material, usually rectangular in shape, on which is imprinted, or into which is woven, a distinctive design which is or denotes the official symbol of a national, state or local government. A flag shall not be considered a sign. However, a piece of material on which is imprinted, or into which is woven, a design, business trademark or other pattern or symbol that does not constitute or denote an official government symbol shall be considered a sign.

means any sign consisting of, or illuminated by, flashing or intermittent lights or other lights of changing degrees of intensity, brightness or color, except a sign showing the date, time and/or temperature.

means the sum of the gross floor area for each of the several stories under roof, measured from the interior limits or faces of a building or structure.

means a building housing the members of a fraternity or sorority group living together under a cooperative arrangement, as distinct from a boarding or lodging house or private club.

means any sign permanently affixed into the ground, erected on its own foundation or placed on a pole which is independent of but on the same lot or parcel as the building or structure in which the person, place, event, product, business or other matter noted on the sign is located.

means a yard extending across the full width of the lot between the nearest principal building and the front lot line. The depth of the required front yard shall be measured horizontally from the nearest part of the principal building to the nearest point of the front lot line.

means all of the property on one side of a street between the intersecting streets (crossing or terminating), measured along the line of the street; or, if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street. (Zoning ordinance Art. 2).

means any building, structure, or land used for dispensing, sale, or offering for sale at retail any automobile fuels, oils, or accessories or for the servicing of motor vehicles, including lubrication and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement, body and fender repairs, or spray painting. When such dispensing, sale, or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage. When such dispensing, sale or offering for sale any automobile fuel, oils, or accessories without any additional servicing of motor vehicles is incidental to the conduct of other retail business, the premises are classified as a retail business with incidental gasoline dispensing services.

means a building other than a boarding house, hotel, or a single-family dwelling as defined herein, occupied by a nonfamily, essentially nontransient group of unrelated persons who, for whatever reason, including by reason of physical infirmity, mental illness, mental retardation, or developmental disability, reside together with one or more resident counselors or other staff persons, where, for compensation, meals, lodging, and a degree of supervision are provided. (Zoning ordinance Art. 2).

means the Staunton-Augusta County Health Department.

See Chapter 18.150 SCC.

means any sign erected or displayed on the exterior wall of a private dwelling that states only the name of a person occupying the dwelling and the name of a product or service offered in or from the dwelling by that person.

means any building or portion thereof which contains guest rooms which are designed or intended to be used, let, or hired out for occupancy and which together are intended for compensation to provide accommodations for 10 or more individuals at any given time.

means housing for the elderly and/or physically handicapped, multifamily structure containing at least three dwelling units and within which at least 90 percent of all dwelling units or all but one dwelling unit of the number of dwelling units if less than 10 are occupied or designed for occupancy by:

means any sign stating the use and name given to the use of a building, structure or area, when such use is permitted in the zone in which the sign is located.

means a lot other than a corner lot. (Zoning ordinance Art. 2).

means any land or building used for abandonment, storage, keeping, collecting, processing, or baling of paper, rags, scrap metals, and other scrap or discarded materials, including dismantled automobiles or other vehicles. (Zoning ordinance Art. 2).

means a parcel of land occupied or intended for occupancy by a use permitted in this code, including one main building together with its accessory buildings, the open spaces and parking and loading spaces required by this code, and having its principal frontage either on a public street or on a private residence street of record at the time of the effective date of this code.

means the total horizontal area within the lot lines of a lot. No alley, public way, public land, or area proposed for future street purposes is included within the net area of a lot.

means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. (Zoning ordinance Art. 2).

means a fixed covering erected over a sidewalk as a protection to an entrance of a building or structure.

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

means any sign mounted on wheels or built with axles to which wheels may be attached. A sign attached to a motor vehicle shall not be considered a mobile sign. A parking permit sticker, inspection sticker, regulatory permit or bumper sticker attached to a motor vehicle shall not be considered a sign.

means any sign on or attached to a motor vehicle which is being used primarily for the purpose of displaying advertising and is not being utilized in the normal business or work of the vehicle owner.

means any sign, any element or part of which (such as a pennant, streamer, moored blimp or propeller) moves by means of a mechanized, electrical or other device or is set in motion by movement of the atmosphere.

See "Dwelling, multiple."

means any sign identifying or advertising a multifamily dwelling. (Zoning ordinance Art. 2).

means a building or part thereof lawfully existing on the effective date of the ordinance codified in this chapter or any amendment thereof, and which does not conform to all of the regulations of the district in which it is located.

means a use which lawfully occupied a building or land on the effective date of the ordinance codified in this chapter and which does not conform to the use regulations of the district in which it is located. (Zoning ordinance Art. 2).

means any sign identifying an off-street parking area or lot.

See "Dwelling, single-family."

means a fenced area allowing an animal freedom of movement and exercise off-leash.

means an open, occupied space used or required for use for parking of automobiles or other private vehicles exclusively and in which no gas or automobile accessories are sold, no other business is conducted, and no fees are charged. For automobile sales lot uses permitted under SCC § 18.60.020, the area used to display automobiles for sale shall not be considered part of a parking area.

means an off-street facility, including parking spaces, along with adequate provision for drives and aisles for maneuvering and giving access, and for entrance and exit, all laid out in a way to be usable for parking. For automobile sales lots uses permitted under SCC § 18.60.020, the area used to display automobiles for sale shall not be considered part of a parking lot.

means an off-street space available for parking of one motor vehicle and having an area of not less than nine feet wide and 18 feet long exclusive of passageways and driveways appurtenant thereto, and having direct access to a street or alley. For automobile sales lot uses permitted under SCC § 18.60.020, the area used to display automobiles for sale shall not be considered as parking spaces.

means any natural person, firm, partnership, association, corporation, company, trust or other group or combination of persons operating as a unit.

means any lot or premises, or portion thereof, designed or used for the boarding and/or daycare of dogs, cats, or other household domestic animals.

means any sign addressing the candidacy of one or more persons for elective office.

means any sign which is not permanently affixed into the ground or to a building or structure and which can easily be picked up and moved to another location.

means an architectural structure providing a large and imposing entrance to a building.

means a detached accessory building or portion of a principal building designed for the parking or temporary storage of automobiles by the occupants of the premises and in which no business, occupation, or service for profit is in any way conducted, except that one of the vehicles may be a commercial vehicle of not more than two-ton capacity.

means a building other than a private garage where automobiles are parked, stored, cared for, or equipped.

means any sign advertising the sale, lease or further use of real estate, which is placed upon the property so advertised.

means a yard extending across the full width of the lot between the nearest rear principal building and rear lot line. The depth of the required rear yard shall be measured horizontally from the nearest part of a principal building toward the nearest point of the rear lot line.

means any sign advertising or indicating the location of or direction to a person, place, event, product, business or other matter which is remote from the site or property upon which the sign is erected or displayed, other than the billboard, directional sign, real estate sign, ballpark sign or contractor or subcontractor sign.

means the intersection of two roof surfaces forming the highest horizontal line of the roof.

means the top edge of a building with a flat roof, the top edge of a parapet wall, or the eave line of a building with a gambrel, gable, hip, or mansard roof. Where a building may have gable ends or gable dormers, the roof line shall be established by the location of the rake boards. For the purpose of installing signage, the roof line of a parapet wall shall not be higher than six feet above the surface of the roof.

means a dwelling in which, as a home occupation and for compensation, lodging only is furnished to three or more but not over nine guests. Such dwelling shall contain not over five guest rooms.

means one of a series of three or more attached one-family dwellings separated from one another by single partition walls without openings extending from basement to roof.

means a freestanding sign consisting of two boards hinged at the top.

means any bulletin board type of sign erected or displayed on the real property of a school for the display of messages.

means a business development having a common ownership of real estate as well as improvements thereon where three or more retail establishments are located, having common parking for all commercial and professional establishments located within the business development complex.

means a yard between the main building on a lot and the side lot line, of the lot, extending from the front yard, or street line, if there is no required front yard, to the rear yard, or the rear lot line, if there is no required rear yard; or the horizontal distance between a side lot line and the side of the main building or any projection thereof.

means any structure or part thereof or device attached thereto or represented thereon, which shall display or include any letter, words, model, banner, flag, pennant, insignia, or representation used as, or which is in the nature of an announcement, direction, or advertisement. Any letters, parts of letters, words, figures, numerals, emblems, devices, designs, trademarks, posters, handbills or any other objects (i) which make known or designate, or attract attention to, any person or any thing (such as a place, event, product or business), (ii) which are visible to persons located outdoors, and (iii) which are capable of attracting the attention of such persons. Any supporting standard for a sign shall not itself be considered a sign if no letters, parts of letters, words, figures, numerals, emblems, devices, designs, trademarks, posters, handbills or other objects are affixed thereon.

The word "sign" includes the word "billboard" or any other type of advertising device, but does not include the flag, pennant, or insignia of any nation, state, city, or other political unit. Types of signs are defined by the following categories:

means an energy conversion system consisting of photovoltaic panels, support structures, battery energy storage systems, and associated control, conversion, and transmission hardware, including substations, generation ties, and appurtenances for the distribution of power.

means that portion of a building included between the surface of any floor and the surface of the next floor above it; or, if there is no floor above it, then the space between such floor and ceiling next above it.

means a public thoroughfare which affords the principal means of access to abutting property.

means a dividing line between a lot, tract, or parcel of land and a contiguous street.

means a street that has been dedicated to the city of Staunton by the express terms or by implication and shown on an approved and properly recorded subdivision plat but has never been constructed and accepted pursuant to SCC § 12.05.030.

means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof.

means anything constructed or erected which requires location on the ground or attached to something having a location on the ground to include in-ground swimming pools; provided, however, that utility poles shall not be considered to be structures. In any zoning district, a structure shall be treated the same as an accessory building as it relates to the area regulations.

means a building used for a variety of student co-curricular functions and events, including, but not limited to, student government, social functions, cultural events and meetings.

means any building designed to provide living quarters for more than one student.

means a lot having frontage on two parallel or approximately parallel streets.

means a group of attached or detached buildings which are provided for transient guests, including auto courts, motels, and motor lodges.

means a dwelling in which boarding or rooming or both are offered to the traveling public for compensation; open to transient guests in contradistinction to a boardinghouse or rooming house.

means premises available to the public used to supply parking areas accommodating two or more trailers for a period not exceeding 90 days, including all buildings, structures, tents, vehicles, accessories, and appurtenances used or intended as equipment of such tourist or trailer camp.

See "Dwelling, two-family." (Zoning ordinance Art. 2).

means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. (Zoning ordinance Art. 2).

means an open space on the same lot with a principal building or group of principal buildings, which open space lies between the building or outer building or a group and nearest lot or street line. (Zoning ordinance Art. 2).

or designee shall mean the representative appointed by city council who is authorized and empowered to administer and enforce the provisions and requirements of this title; except, however, only the zoning administrator or the zoning administrator's specified zoning designee within a particularly prescribed zoning function or area shall be authorized to act to inform any property owner or any other person with an interest in the property that a structure or other aspect or use complies with the zoning code or zoning ordinance provision.

See "District."