The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

2232 review means the review required by Code of Virginia, § 15.2-2232 for features not shown on the adopted master plan, including public utility facilities.

Accessory use/structure means a use or structure of a nature customarily incidental and subordinate to the principal use or structure (i.e., sheds, utility buildings, detached garages, carports, swimming pools, etc.) and, unless otherwise specifically provided, shall not be allowed on property absent of a principal use or structure. Where a building is attached to the principal building, it shall be considered part thereof, and not an accessory building.

Acre, gross, means a measure of land equal to 43,560 square feet.

Acre, net, means that part of the 43,560 square feet which exists after deducting land dedicated or conveyed for any public facility, easement or any right-of-way for any proposed streets or street widening.

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

Acreage coverage means the total acres covered by PV pods, buildings, inverters, a substation, battery storage, ancillary equipment, and fencing around these items but excluding wildlife corridors, mandated setbacks, wetlands, and other avoided natural or cultural features outside of security fencing on the project site.

Administrator means the official charged with the enforcement of this chapter.

Adult bookstore means an establishment having a substantial or significant portion of its stock-in-trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or related to specified sexual activities, or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.

Adult mini-motion picture theater means an enclosed building with a capacity for not less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas for observation by patrons therein.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas for observation by patrons therein.

Agriculture means the tilling of the soil, the raising of crops, practicing of horticulture, forestry, gardening, and the keeping of animals in quantities less than 150 animal units.

Airport means a facility for the landing and takeoff of aircraft, together with servicing facilities including service to patrons, from which revenue is derived. The term "airport" includes private landing strips.

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

Animal unit means a unit of measure used to determine the total number of single animal types or combination of animal types which are fed, confined, maintained or stabled in an animal feeding operation. The following scale will be used to calculate total animal units:

CHART: EQUIVALENT OF 300 ANIMAL UNITS

CHART: EQUIVALENT OF 1,000 ANIMAL UNITS

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

Applicant means the person or entity who submits an application to the locality for a permit under article VII of this chapter.

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

Basement means a story having part but not more than one-half of its height below grade. A basement shall be counted as a story for the purpose of height regulations.

Battery energy storage facilities (battery facilities) means one or more battery cells for storing electrical energy stored in a battery energy storage system ("BESS") with a battery management system ("BMS"). Facilities are generally used to supplement grid storage capacity. Battery facilities may be permitted as:

(1)

An accessory use to utility-scale solar facilities, other energy generation facilities, or substations; or

(2)

A primary use on a parcel contiguous to utility-scale solar facilities, other energy generation facilities, and substations.

Battery storage facility means a type of energy storage power station that uses a group of batteries to store electrical energy as a source of power on electrical grids.

Bed and breakfast means a dwelling where, for compensation, lodging and meals are provided for up to ten persons.

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

Brownfield means former industrial or commercial sites typically containing low levels of environmental pollution such as hazardous waste or industrial byproducts.

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

Building site means a piece of land consisting of the minimum area of required square footage of the zoning district where it is located where a permitted use or structure may be placed.

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

Building, main, means a building in which is conducted the principal use of the lot on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the lot on which the same is located if the lot is used primarily for residential purposes.

Bulk storage means a structure and/or structures designed for and used as storage facilities for oil, fuel oil, gas, grain, fertilizer, chemicals, usually stored in large quantities.

Cabaret means an adult club, restaurant, theater, hall or similar place which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or performing specified sexual activities.

Camper means a rigid dwelling unit, whether or not equipped with wheels, so designed as to be intermittently movable from place to place over the highway whether towed, self-propelled or carried upon another vehicle; and which is susceptible to permanent human habitation and which lack permanent cooking, toilet or bathing facilities.

Campground means an area, upon which are located sites for two or more trailers, campers and other camping facilities for seasonal or temporary recreational occupancy.

Camping trailer means a vehicular, portable structure mounted on wheels, constructed with collapsible, partial sidewalls of fabric, plastic, or other pliable materials for folding compactly while being transported.

Carport means a roofed space having one or more sides open to the weather, primarily designed or used to park motor vehicles. In no case shall a carport be located in any required front or side yard.

Cellar means a story having more than one-half of its height below grade and which may not be occupied for dwelling purposes.

Child care center means any facility or private home in which more than four children are received for care, protection and guidance during a part of the day, except children who are related by blood or marriage to the person who maintains the home.

Circuit court means the circuit court for the county.

Club, private, means those associations and organization of a fraternal or social character not operated or maintained for profit, but this term shall not include night clubs or other institutions operated as a business.

Commercial means any wholesale, retail or service business activity established to carry on trade for a profit.

Commission means the planning commission of the county.

Concrete works means a structure or area used for the manufacture of concrete and concrete products.

Conditional use means a use listed as such in this chapter and which may be permitted in a specified district under certain conditions, such conditions to be determined in each case by the terms of this chapter and by the board of supervisors, after public hearing and report by the planning commission, in accordance with the procedures specified by this chapter and applicable state law.

Conditional use permit or CUP means a permit issued by the board of supervisors for a use allowed as a conditional use in a designed district after evaluation of the impact and compatibility of such use; such permit shall stipulate such conditions and restrictions, including any such conditions contained herein, as will ensure the use being compatible with the neighborhood in which it is to be located; or, where that cannot be accomplished, shall deny the use as not in accordance with adopted plans and policies or as being incompatible with existing uses or development permitted by right in the area.

Dairy means an operation or facility for the production and distribution of dairy products.

Dairy operation, general, means a dairy with accessory uses or structures including feed storage bins, litter storage sites, incinerators and manure storage sites which has at least 150 animal units but no more than 299 animal units, as referenced in the above chart, confined at the facility or operation.

Dairy operation, intensive, means a dairy facility with accessory uses or structures, including feed storage bins, litter storage sites, incinerators and manure storage sites, which has at least 300 or more animal units as referenced by the above chart, confined at the facility or operation. In no case shall a facility as defined herein exceed a cumulative total of 1,000 animal units.

Decommissioning and reclamation plan means a plan to disconnect, remove, and properly dispose of equipment, facilities, or devices and reclaim the site.

Disturbance zone means the area within the site directly impacted by construction and operation of the facility.

Drug paraphernalia store means any retail store selling paraphernalia commonly related to the use of any drug or narcotic, the sale, use or possession of which is subject to the provision of The Drug Control Act (Code of Virginia, § 54.1-3400 et seq.), including, but not limited to, water pipes, pipe "screens," "hashish" pipes, "roach clips," "coke," spoons, "bongs" and cigarette rolling paper, except that this shall not be deemed to include the sale of cigarette rolling paper by a store that also sells loose tobacco or the sale of prescription of implements needed for the use of prescribed drugs or narcotics.

Dwelling means any structure which is designed for use for residential purposes, except hotels, boardinghouses, lodginghouses, tourist cabins, apartments and automobile trailers.

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

Dwelling, existing, means for the purpose of the residences in the A-1 General Agricultural District with of the following:

(1)

A structure, designed for residential use, which is occupied on the date a completed application for a livestock, dairy or poultry facility permit is received by the office of the zoning administrator;

(2)

A structure, designed for residential use, which is not occupied on the date which a completed application is received, but which has been issued a certificate of occupancy or which has been occupied for any period of time within the two years immediately preceding the date on which a completed application for a livestock, dairy or poultry facility permit is received by the office of the zoning administrator;

(3)

A structure designed for residential use which has a current building permit on the date a completed application for livestock, dairy or poultry facility permit is received by the office of the zoning administrator.

Dwelling, multiple-family, means a structure arranged or designed to be occupied by three or more families, the structure having three or more dwelling units.

Dwelling, single-family, means a structure arranged or designed to be occupied by one family; the structure having only one dwelling unit.

Dwelling, two-family, means a structure arranged or designed to be occupied by two families, the structure having only two dwelling units.

Electric power plant means a facility designed and operated for the generation and distribution of electricity for the primary purpose of selling electricity generated to the electric power grid, including facilities which use fossil fuels, solar energy, hydroelectric energy, geothermal energy, biomass energy or wind energy as a resource. This definition does not apply to on-site generation equipment when such use is an accessory use.

Family means one or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit; or a number of persons, but not exceeding four persons, living and cooking together as a single housekeeping unit, though not related by blood, adoption or marriage.

Flood means a general and temporary inundation of normally dry land areas.

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

Floodplain means a relatively flat or low land area, adjoining a river, stream or watercourse, which is subject to partial or complete inundation, or an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

Floodway means the designated area of the floodplain required to carry and discharge floodwaters of a given magnitude. For the purpose of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.

Floor area means the sum of the gross horizontal areas of the several floors of the building or buildings on a lot, measured from the exterior walls or from the centerline of party walls separating two buildings.

Forestry means the cultivating and selective clearing of woodland, including any industry or business which produces items from the wooded areas.

Frontage means the distance from which the front boundary line of the lot and the street line are coincident.

Garage, parking, means a building or portion thereof, other than a private garage, designed or used for storing of motor vehicles.

Garage, private, means an accessory building designed or used for the storage of private automobiles owned and used by the occupants of the building in which it is accessory.

Gasoline filling station means an area of land, including structures thereon, or any building or part thereof that is used solely for the retail sale and direct delivery of fuel, lubricating oil and minor accessories for such vehicles, and the sale of cigarettes, candy soft drinks and other related items for the convenience of the motoring public, which establishment may or may not include facilities for lubricating, washing, minor repairs or otherwise servicing motor vehicles, but not including auto body work, welding, painting or major repair work.

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

Group home means:

(1)

A residential facility in which no more than eight individuals with mental illness, intellectual disability, or developmental disabilities reside, with one or more resident counselors or other staff persons. 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. 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, the term "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 state law.

(2)

A residential facility in which no more than eight aged, infirm or disabled persons reside, with one or more resident counselors or other staff persons. 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, the term "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 state law.

Home occupation means a home business carried on by the occupant of a dwelling as a secondary use in connection with the provision of goods and/or services without disturbing the residential character and nature of the surrounding neighborhoods and conducted in compliance with article VIII (section 34-930 et seq.) and other applicable provisions of the zoning ordinance.

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

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

Junkyard means an establishment or place of business, or an area which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard.

Library means a place set apart to contain books and other literary material for reading, study, or reference, for use by members of a society or the general public.

Livestock means all domestic or domesticated bovine animals, including, but not limited to, cattle; equine animals, including, but not limited to, horses; ovine animals, including, but not limited to, sheep, porcine animals, including, but not limited to hogs.

Livestock, dairy or poultry facility, existing, means (only for the purpose of determining residential setbacks in the A-1 General Agricultural District) a livestock, dairy or poultry facility which is occupied or has been occupied by a livestock raiser, dairy or poultry facility for any period of time within the two years immediately preceding the date on which zoning approval is sought for a dwelling, including sites or structures which are accessories to the livestock facility, dairy or poultry facility.

Livestock operation, general, means a livestock facility with accessory uses or structures, including feed storage bins, litter storage sites, incinerators and manure storage sites which has at least 150 animal units but no more than 299 animal units, as referenced in the above chart, confined at the facility or operation.

Livestock operation, intensive, means a livestock facility with accessory uses or structures, including feed storage bins, litter storage sites, incinerators and manure storage sites which has at least 300 or more animal units as referenced by the above chart, confined at the facility or operation. In no case shall a facility as defined herein exceed a cumulative total of 1,000 animal units.

Livestock raiser, dairy operator or poultry grower means the owner/operator of the livestock facility, dairy or poultry facility or the land on which the facility or dairy is located.

Local industrial solid waste disposal facility means an engineered land burial facility for the disposal of non-hazardous industrial wastes, which is so located, designed, constructed and operated to contain and isolate the industrial waste so that it does not pose a substantial present or potential hazard to human health or the environment: provided however, any solid waste disposal facility accessory to an electric generation plant hall not be deemed to be a local solid waste disposal facility. By definition, a local solid waste disposal facility shall be restricted to receive industrial waste from a single industrial or commercial operation located within the county and in close proximity to the facility.

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

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

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

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

Lot, double frontage, means an interior lot having frontage on two streets.

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

Lot, width of, means the average horizontal distanced between side lot lines.

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

Manufactured/mobile home means a structure intended for human habitation that is subject to federal regulation, is transportable in one or more sections, is eight feet or more in width or 40 feet or more in length, or when erected is 320 feet or more square feet in area. Such a structure is built on a permanent chassis and designed to be used as a single-family dwelling with or without a permanent foundation, when connected to the required utilities and contains plumbing, heating, air conditioning, and electrical systems. All such homes constructed since 1976 have been required to conform to the National Manufactured Housing Construction and Safety Standards Act of 1974. The term "mobile home," once widely used to describe transportable housing units, has been replaced in the Code of Virginia by the term "manufactured housing."

Manufactured/mobile home lot means a unit of land used or intended to be used by one manufactured/mobile home, whether in a manufactured/mobile home park or not in a manufactured/mobile home park.

Manufactured/mobile home park, major, means any site, lot, field or tract of land divided into lots or spaces for rent designed to accommodate ten or more manufactured/mobile home units.

Manufactured/mobile home park, minor, means any site, lot, field or tract of land divided into lots or spaces for rent designed to accommodate two or more, but less than ten manufactured/mobile home units.

Massage parlors means any place where manipulation of body tissues for remedial or hygienic purposes, or any other purpose are conducted and the owners and employees do not currently hold a valid physical therapist license issued by the state board of medicine.

Modular home means a building assembly or system of building subassemblies, including the necessary electrical, plumbing, heating, ventilating or other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building or as a part of a finished building comprising two or more industrialized building units and not designed for ready removal to, or installation or erection on, another site.

Motel means one or more buildings containing individual sleeping rooms, designed for or used temporarily by tourists or transients, with parking space conveniently located to each unit. Cooking facilities may be provided for each unit.

Nonconforming activity means to the otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located.

Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located.

Nonconforming structure means an otherwise legal building or structure that does not conform to the lot area, yard, height, lot, coverage or other area regulations of this chapter, or is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located.

Nursing home means a place devoted primarily to the maintenance and operation of facility for the treatment and care of any person suffering from illnesses, diseases, deformities or injuries not requiring extensive and/or intensive care that is normally provided in a general hospital or other specialized hospital.

Office building means a structure wherein are employed a greater number of people than that allowed in professional offices and where there are not goods offered for sale.

Office, street parking area means a structure wherein are employed a greater number of people than that allowed in professional offices and where there are not goods offered for sale.

Operator means the person responsible for the overall operation and management of a facility.

Organics recycling facility means a facility that processes agricultural and horticultural residuals, municipal residuals, and/or industrial residuals using a controlled process of microbial degradation of organic materials into a stable, nuisance-free, humus-like agricultural and horticultural product. No toxic, hazardous or radiological residuals can be processed at an organics recycling facility.

Owner means the person who owns all or a portion of a facility.

Parking lot means an open, unoccupied space used, or required for use, for the parking of automobiles or other private vehicles exclusively, and in which no gas or automobile accessories are sold or no other business is conducted.

Parking space means a space used as an area for temporary storage of passenger vehicles. Such space shall be a minimum of ten feet in width and 20 feet in length, except that off-street parking facilities containing any parking spaces may use 20 percent of the total spaces as "compact car" spaces with a minimum size of 7½ feet in width and 15 feet in length. Such spaces shall be indicated by the posting of signs reading "small cars only."

Pen means a small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop. An enclosed pasture or range with an area in excess of 100 square feet for each hog or small animal, or 200 square feet for each larger animal shall not be regarded as a pen.

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

Poultry means all domestic or domesticated flow such as chickens, ducks, geese, turkeys, etc.

Poultry operation, general, means a poultry facility with accessory uses or structures, including feed storage bins, litter storage sites, incinerators, disposal pits or cold storage chests used for collection of dead birds which has at least 150 animal units but no more than 299 animal units, as referenced in the above chart, confined at the facility or operation.

Poultry operation, intensive, means a poultry facility with accessory uses or structures, including feed storage bins, litter storage sites, incinerators, disposal pits or cold storage chests used for collection of dead birds which has at least 300 or more animal units as referenced by the above chart, confined at the facility or operation. In no case shall a facility as defined herein exceed a cumulative total of 1,000 animal units.

Professional office means the office, studio or professional room of a doctor, architect, artist, musician, lawyer or similar professional person, excepting any funeral home or any establishment where good are offered for sale.

Public and semi-public uses means any public works supplied generally by a governmental organization. Such public works shall include, but not be limited to: public roads, schools, water supply and sewer facilities, and police and fire protection facilities.

Public utilities means a group of uses which provide essential energy and communication services to the general public. These include but are not limited to: electrical, natural gas, water and sewer and telephone companies; their distribution and transmission lines; poles and towers; substations, pumping stations and storage facilities. By definition, some of these activities are industrial in nature, although local distribution facilities usually are compatible uses in residential area.

PV pod means contiguous rows of solar panels or other photovoltaic materials/devices, including the space between rows, fenced together in a group. A solar facility is typically comprised of multiple pods.

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

Reclamation means the employment, during and after an operation, of procedures reasonably designed to minimize as much as practicable the disruption from an operation and provide for the establishment of plant cover, stabilization of soil, protection of water resources, or other measures appropriate to the subsequent beneficial use of the affected lands. Reclamation shall comply with all state and federal regulations related to air quality, water quality and water law, and stormwater.

Rest home, convalescent home means any place containing beds for two or more patients, established to render domiciliary care for chronic or convalescent patients, but not including child care homes or facilities for the cure of feeble-minded, mental, epileptic, or alcoholic patients, or drug addicts.

Restaurant means any building in which, for compensation, food or beverages are dispensed for consumption on or off the premises.

Retail stores and business means buildings for display and sale of merchandise at retail, but specifically exclusive of coal, wood or lumber yards.

Roominghouse means a dwelling in which, for compensation, lodging is furnished to three or more, but not exceeding nine guests; a boardinghouse.

Sanitary landfill means an engineered land burial facility for the disposal of solid waste, which is located, designed, constructed and operated to contain and isolate the solid waste so that it does not pose a substantial present or potential hazard to human health or the environment.

Sawmill, portable, means a portable sawmill for cutting timber grown primarily on the premises.

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

Sign means any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard or other thing which is designed, intended or used to advertise or inform, any part of the advertising or informative contents of which is visible from the highway.

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

Sign, directional, means a sign (one end of which may be painted, or on which an arrow may be painted, indicating the direction to which attention is called) giving the name and approximate location only of the farm or business responsible for the erection of same.

Sign, freestanding, means any sign supported by an upright structural member or by braces on or in the ground and not attached to a building.

Sign, general advertising, means a sign which directs attention to a product, commodity or service not necessarily conducted, sold or offered upon the same lot where such sign is located. Such sign may also be referred to as billboards or poster panels.

Sign, wall, means a sign affixed directly to, painted on or otherwise inscribed on an exterior wall or parapet; confined within the limits thereof of any building and which projects from that surface less than 12 inches at all points.

Site means the entire area containing a facility.

Siting agreement means an agreement entered into between the applicant and the county as defined in Code of Virginia, § 15.2-2316.

Solar energy generating facilities (solar facilities) means photovoltaic devices, inverters, a substation, ancillary equipment, buildings, security fencing, access roads, setbacks and screening on the site.

Solar facility, community, means a facility that generates electricity from sunlight that was not constructed by an investor-owned utility that will be part of an investor-owned utility's community solar pilot program. A community solar facility does not exceed two megawatts alternating current. This facility type is a subset of either rooftop, small-scale, medium-scale, or utility-scale solar facility.

Solar facility, floating, means a floating facility that generates electricity from sunlight. This facility type is a subset of either small-scale, medium-scale, or utility-scale solar facility.

Solar facility, medium-scale, means a ground-mounted facility that generates electricity from sunlight on a facility area between one to ten acres or having a rated capacity of between 250 kilowatts to one megawatt alternating current (excluding multi-family shared solar facility). Facilities are generally used to reduce on-site consumption of utility power for agricultural, commercial, and industrial applications.

Solar facility, multi-family shared, means a ground-mounted facility that generates electricity from sunlight that was not constructed by an investor-owned utility and that will be part of an investor-owned utility' multi-family shared solar pilot program. A multi-family shared solar facility does not exceed three megawatts alternating current at any single location or that does not exceed five megawatts alternating current at contiguous locations owned by the same entity or affiliated entities, serves at least three subscribers, is connected to the electric distribution grid, and is located on a parcel of land on the premises of the multi-family utility customer or adjacent thereto.

Solar facility, power purchase agreement (PPA), means a facility that generates electricity from sunlight that was not constructed by an investor-owned utility and that will be part of an investor-owned utility's power purchase agreement solar pilot program. A facility has capacity of no less than 50 kilowatts and no more than three megawatts alternating current. This facility type is a subset of either rooftop, small-scale, medium-scale, or utility-scale solar facility.

Solar facility, rooftop, means a rooftop PV or integrated PV facility that generates electricity from sunlight as an accessory use.

Solar facility, shared, means a facility that generates electricity from sunlight that was not constructed by an investor-owned utility that will be part of an investor-owned utility's shared solar pilot program. A shared solar facility does not exceed five megawatts alternating current, serves at least three subscribers, has at least 40 percent of its capacity subscribed by customers with subscriptions of 25 kilowatts or less, is connected to the electric distribution grid serving the public, and is located on a single parcel. This facility type is a subset of either rooftop, small-scale, medium-scale, or utility-scale solar facility.

Solar facility, small-scale, means a ground-mounted facility that generates electricity from sunlight on a facility area of less than one acre or having a rated capacity of less than 250 kilowatts alternating current (excluding multi-family shared solar facility). These facilities are generally used to reduce on-site consumption of utility power for residential, agricultural, commercial, and industrial applications.

Solar facility, utility-scale, means a ground-mounted facility that generates electricity from sunlight on a facility area of not less than 65 acres based upon the 100 acre minimum area requirement contained in section 34-910(b)(1). In no case shall any utility-scale facility have a maximum coverage area more than 65 percent in accordance with section 34-910(b)(2). This size is approximately equivalent to a rated capacity of about one megawatt alternating current or greater (excluding multi-family shared solar facility). Facilities are generally used to provide electricity to a utility provider. These facilities typically include inverters, a substation, a switchyard, and a generator lead line (gen-tie line) to interconnect to a grid transmission line.

Special use permit means a permit issued by the board of zoning appeals, for a selective specified reason; used only for that particular reason and only under the conditions specified in this chapter.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttocks; and

c.

Female breasts below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if complete and opaquely covered.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy;

(3)

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

Story means that portion of a building, other than the cellar, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, the term "story" means the space between the floor and the ceiling next above it.

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

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

Street, road means a public thoroughfare.

Structure means anything constructed or erected, the use of which required location on the ground, or attachment to something having a permanent location on the ground, except utility poles.

Tattoo parlor means any place in which is offered or practiced the placing of designs, letter, scrolls, figures, symbols, or any other marks upon or under the skin or any person with ink or any other substance, resulting in the permanent coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin.

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

Townhouse means a single-family dwelling unit, being one of a group of not less than three or more than ten units, with such units attached to the adjacent dwelling or dwellings by party walls, with lots, utilities, and other improvements being designed to permit individual and separate ownership of such lots and dwelling units.

Truck stop means an area, usually on or near a major thoroughfare, which has been designed for and is being used for the parking of tractor-trailers or other trucks. These areas, which are equipped with facilities to supply maintenance and fuel for these trucks, may also include motels and restaurants.

Variance means a reasonable deviation from those provisions of this chapter regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of this chapter would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the this chapter. The term "variance" does not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.

Wayside stand, roadside stand, farmers' market means any structure or land used for the sale of agricultural and/or horticultural produce or other merchandise.

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

(1)

Front. An open space on the same lot as a building between the front line of the building (excluding steps) and the front lot or street line, extending across the full width of the lot.

(2)

Rear. An open, unoccupied space on the same lot as a building between the rear line of the building (excluding steps) and the rear line of the lot, extending the full width of the lot.

(3)

Side. An open, unoccupied space on the same lot as a building between the side line of the building (excluding steps) and the side line of the lot, extending from the front yard line to the rear yard line.

(Code 1991, § 16-1; Ord. of 11-18-1988, §§ 13-1—13-106; Ord. of 7-19-1990(2); Res. of 1-21-1993; Ord. of 3-15-1995; Ord. of 3-16-1995; Ord. of 10-15-1998; Ord. of 10-16-1998; Ord. No. 99-04; Ord. No. 2001-04; Ord. No. 2005-01; Ord. of 2-17-2022, § 16-1; Ord. No. 23-03, § I, 8-17-2023)

Editor's note— Ord. No. 23-03, § I, adopted Aug. 17, 2023, set out provisions intended for use as § 16-1. For purposes of classification, and at the editor's discretion, these provisions have been included as § 34-1.

This chapter, together with the map accompanying the ordinance from which this chapter derives, is hereby adopted as the zoning ordinance of the county.

(Code 1991, § 16-2; Ord. of 11-18-1988)

Editor's note— The zoning map is kept in county offices.

(a)

This chapter shall be for the purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of the Code of Virginia, § 15.2-2200.

(b)

To these ends, this chapter is designed to give reasonable consideration to each of the following purposes, where applicable:

(1)

To provide for adequate light, air, convenience of access, and safety from fire, flood impounding structure failure, crime and other dangers;

(2)

To reduce or prevent congestion in the public streets;

(3)

To facilitate the creation of a convenient, attractive and harmonious community;

(4)

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

(5)

To protect against destruction of or encroachment upon historic areas;

(6)

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

(7)

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

(8)

To provide for the preservation of agricultural and forest lands and other lands of significance for the protection of the natural environment;

(9)

To protect approach slopes and other safety areas of licenses airports, including United States government and military air facilities;

(10)

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

(11)

To provide reasonable protection against encroachment upon military bases, military installations, and military airports and their adjacent safety areas, excluding armories operated by the Virginia National Guard.

(Code 1991, § 16-3; Ord. of 11-18-1988)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2283.

For the purpose of this article, the unincorporated areas of the county are hereby classified into the following districts:

(1)

A-1 General Agricultural.

(2)

R-R Rural Residential.

(3)

R-E Residential Estates.

(4)

R-1 General Residential.

(5)

R-2 Residential, Manufactured/Mobile Homes.

(6)

RR-MH Rural Residential-Manufactured/Mobile Home District.

(7)

B-1 Limited Business.

(8)

B-2 General Business.

(9)

B-3 Shopping Center District.

(10)

I-1 Limited Industrial.

(11)

I-2 General Industrial.

(12)

Floodplain Overlay District.

(Code 1991, § 16-4; Ord. of 11-18-1988; Ord. of 11-15-2007(2))