Abbreviations used in this Chapter are listed below with the term they abbreviate:

Any term not herein defined shall be as defined elsewhere in the Town Code, or, if not defined elsewhere in the Town Code, as defined in Webster's New International Dictionary, most recent edition.

Abut or abutting means sharing one or more common boundaries or points; contiguous.

Accessory building or structure means any structure, other than a principal structure, used to facilitate an accessory use. The following are examples of accessory structures: utilities above or below ground, such as all necessary pumps, transformers, distribution structures or terminals; any generation, exchange, or treatment facility; garages; patios; barns, animal hutches; and swimming pools.

Accessory Living Unit - Attached means a secondary residential unit established in conjunction with, structurally part of or connected to, and clearly subordinate to a single-unit detached dwelling unit.

Adjacent means sharing a common boundary or separated by a right-of-way or water body.

Adult business means an establishment having as a substantial and significant portion of its stock or services that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. For the purpose of this definition:

1.

The term "specified sexual activities" means:

a.

Human genitals in a state of sexual stimulation or arousal;

b.

Acts of human masturbation, sexual intercourse or sodomy;

c.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; and

2.

The term "specified anatomical areas" means:

a.

Less than completely and opaquely covered:

i.

Human genitals, pubic region;

ii.

Buttock; and

iii.

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

b.

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

Adult day support center means a day care facility for adults but where neither residential nor in-patient services are provided.

Aggregate caliper inches means a measure of the total combined caliper inches for a group of trees.

Agriculture, enclosed, means all uses included in "Agriculture, general," but where such uses and activities are fully enclosed in structures. For example, an aquaponics operation that is fully within a building would be considered "Agriculture, enclosed." However, a pasture for cattle would not be considered an enclosed use and would not fall under this term.

Agriculture, general, means the production of vegetables, fruits, fish and seafood products, bee products, flowers, meats, animal products, mead, or wine, including the processing of such products and the storage of such products, feed, seed, fertilizers, treatments, and agricultural implements. This term also includes agritourism uses, such as farm tours, farm-to-table meals, cooking classes, wine tastings, and events.

Alley means a minor public street that is used primarily for vehicular service access to the back or the side of properties having principal frontage on another street.

Alteration means changing or altering the exterior architectural character of a building or structure.

Alternative parking plan means a plan that seeks to provide a reduced amount of off-street parking or deviate from the district's off-street parking location or configuration requirements based on site conditions or anticipated parking demand.

Animal Care Facility means a place where common household pets are cared for, such as for grooming, training, temporary boarding, and/or veterinary/animal hospitals. This definition does not include businesses that meet the definition of animal shelter.

Animal Shelter means any place designated to provide for the temporary accommodation of four or more common household pets that are stray or abandoned by their owners. This definition does not include a kennel, a veterinary hospital, or a zoo.

Applicant means any person, including any authorized agent, submitting an application for a permit or requesting approval under this chapter.

Application means a document or set of documents submitted in an effort to obtain permission to proceed with a particular action.

Architectural features, major means prominent or characteristic features of a building, attached to or protruding from an exterior wall or roof, such as bay windows, box windows, cantilevered floor areas, steeples, and cupolas.

Architectural features, minor means prominent or characteristic features of a building, attached to or protruding from an exterior wall or roof, such as windowsills, belt courses, cornices, eaves, steps, and chimneys; and ingress and egress improvements, such as basement areaways and window wells.

Architectural front means the façade of a building designed to serve as the primary entrance to the building, distinguished from the other facades by more elaborate architectural detail. The architectural front entry is not determined by custom or use but rather by the exterior and interior design of the building.

As-built site plan means a certified site plan showing the location of buildings and all on-site and off-site improvements as actually constructed.

Atmosphere means the air that envelopes or surrounds the earth. Where air pollutants are emitted into a building not designed specifically as a piece of air pollution control equipment, such emission into the building shall be considered an emission into the atmosphere.

Attached garage, residential means a portion of the principal building used or intended to be used as a private automobile garage, including attached carports, and having no provision for repairing or servicing such vehicles for profit.

Awning includes any structure made of cloth or metal or a frame attached or detached from a building and projecting therefrom, and possibly carried by frames supported at grade level.

Balcony means a platform projecting from the wall of an upper story, supported by brackets, columns or cantilevered system, with or without a roof, and enclosed by a railing or balustrade, with an entrance from the building.

Basement. See Article 2, § 18-212.

Bed and breakfast means a structure in which eight or fewer rooms are set aside for transient guests. Such rooms shall not have separate utilities, provisions for cooking or dormitories for sleeping and must be located within the principal structure.

Best management practice (BMP) means a practice, or combination of practices, that is determined by the commonwealth to be the most effective, practicable means of preventing or reducing the amount of pollution generated by non-point sources to a level compatible with state water quality goals.

Bicycle parking means a structure or facility used specifically for the storage of a bicycle so that it can be secured, including, but not limited to, bicycle racks, lockers and cages. For the purpose of this definition, a rack shall be considered two bicycle parking spaces. Long-term bicycle parking spaces shall be located in sheltered or weather-protected area.

Bio-retention device means a stormwater infiltration device consisting of an excavated basin that is refilled with engineered soil and mulch that allows stormwater run-off to collect and percolate through the engineered soil where it is treated prior to infiltrating into the surrounding undisturbed soil.

Blighted property means any buildings or improvements or combination thereof which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals, or welfare of the community.

Boardinghouse means a building other than a hotel where lodging, meals, or lodging and meals, are provided for three or more, but not exceeding nine, guests, on a non-transient basis.

Brewpub means a restaurant that produces beer, the production of which is an accessory use, intended for consumption on the premises.

Buffer means an area of land that provides a transition between two different zones or uses to help each blend more easily with the other and/or to reduce conflicts.

Buffer area, as it relates to Chesapeake Bay Preservation Areas, means an area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation due to land disturbances.

Building means any structure used or intended for supporting or sheltering any use or occupancy.

Building height. - See Article 2, § 18-212.

Building materials storage and sales means a facility where building materials such as lumber, plywood, drywall, paneling, cement blocks and other cement products, and other building products are stored and sold.

By right. See "Permitted use".

Cafeteria means a dining facility where employees of a business or residents of a group living facility eat meals, which are typically prepared on-site but may also be prepared off-site and brought into the facility.

Caliper means the diameter of the main trunk of a tree or shrub when measured at 6 inches above the soil's surface.

Canopy means a permanent structure, attached or unattached to the building, that is not completely enclosed, for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. An awning made of cloth is not a canopy.

Canopy tree (shade or large tree) means a tree that has an expected height at maturity greater than thirty (30) feet and that produces significant shade because it has a crown that is oval, round, vase-shaped, or umbrella-shaped.

Cardinal direction means one of the four principal directions on a compass; that is, north, south, east, or west.

Car wash means the use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment in exchange for money. This term may include mechanical facilities. This term may include car washing uses that are accessory to vehicle fueling station uses, vehicle repair and maintenance uses, and/or vehicle storage uses.

Carport means any space outside a building and contiguous thereto, wholly or partly covered by a roof, and used for the shelter of motor vehicles.

Catering, Principal Use means an establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for consumption.

Catering, Accessory Use for a restaurant is an accessory use to restaurants in which food is prepared onsite and delivered to another location for consumption.

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

Center line means a line lying midway between the proposed or desired street right-of-way.

Chapter means the Town of Vienna Zoning and Subdivision Ordinance.

Chesapeake Bay Preservation Area (CBPA) means any land designated by the Town Council pursuant to Code of Virginia, § 62.1-44.15:74. Chesapeake Bay Preservation Areas shall consist of resource protection areas and/or resource management areas.

Child care center means a program offered to: (i) two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care, or (ii) 13 or more children at any location.

Club or service organization means an organization and its premises catering to members and their guests for social, philanthropic, intellectual, recreational, or athletic purposes, including lodges.

College or technical school means an institution that is certified to operate as a college or university by the State Council of Higher Education for Virginia, and that offers a program of post-secondary education and instruction leading to degrees or certificates. (Source: Fairfax County Zoning Ordinance, modified by staff)

Combustion contaminants means particulate matter, sulfur, carbon, or their compounds, discharged into the atmosphere from the burning of any kind of material containing carbon in a free or combined state.

Commercial off-street parking means surface or structured parking lot established, separate from required parking for an adjacent use, to provide off-street parking to private vehicles possibly for a fee.

Commercial vehicle means a vehicle maintained or operated by a commercial establishment that is often parked or stored on the same lot as the commercial establishment.

Common area means shared space or amenity between unit owners or shareholders managed by an association or board. Common areas can include things such as yard space, a sports court, pool, or parking area.

Community garden means a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.

Companion animal means any dog, cat, guinea pig, hamster, rabbit not raised for human food or fiber, reptile, exotic or native bird, or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Wild or exotic animals are not included in this definition as defined in Vienna Town Code, Chapter 3, Animals and Fowl, Article 4, Keeping of Wild, Exotic or Vicious Animals Prohibited.

Composting drop-off facility means a facility for the drop-off and temporary holding of compostable materials such as paper, food refuse, plant and vegetative matter, and yard waste. A composting drop-off facility is intended for household or consumer use; use by commercial or industrial establishments is not included.

Comprehensive plan means the plan as defined and provided for in Code of Virginia, §§ 15.2-2223—15.2-2232, prepared by the planning commission and approved by the Town Council for the general physical development of the Town, including any unit or part thereof and any amendment to such plan or part thereof.

Concrete masonry unit (CMU), also known as a cinder block, is a standard-size rectangular concrete block made from Portland cement, aggregate like stone and quartz, and water.

Conditional use means a use that may be approved by the Board of Zoning Appeals for a specific site, provided such approval includes conditions that mitigate adverse impacts to public health, safety and welfare on surrounding properties, and protect the public interest and the integrity of the comprehensive plan.

Construction site office and storage means the accessory use of a lot involving the temporary placement and use of a construction office and the temporary storage of construction materials on a property only during the construction phase of a development.

Continuing Care Facility means a facility that may consist of three (3) types of care, or any one or two types: a. Congregate Living Facility: a facility that provides independent living, which may be affiliated with, or located near, health care facilities. b. Adult Assisted Living: a facility for people who cannot live independently and who need assistance with daily chores and housekeeping. c. Nursing Home: a facility for individuals who require specialized nursing care on a regular basis but who do not need to be hospitalized. Such facilities may include, as an integral part, accessory commercial and other facilities and uses primarily for the use of residents and their guests, including but not limited to beauty shop, pharmacy, banking facilities, gift shop and similar facilities.

Cornice means any horizontal members, structural or nonstructural, of any building, projecting outward from the exterior walls at the roof line, including eaves and other roof overhangs.

Cottage court means a group of small, 1—1.5-story, detached dwellings arranged around a shared court, where the court is visible from the street and replaces the function of a rear yard. The dwelling unit entrances face the shared court.

Court means an open, unoccupied space, other than a yard on the same lot with a building or group of buildings, and which is bounded on two sides by such building or buildings. Court has many other meanings in other contexts, including a court of law.

Craft beverage production establishment means a use that manufactures beer, wine, mead, spirits, teas, kombuchas, or other craft beverages but is not principally a retail outlet such as a juice bar or smoothie cafe. This term may include accessory uses, such as a public tasting tours, storage, packaging, and distribution. A craft beverage production establishment that fulfills the definition of a brewpub shall be considered a brewpub. A light industrial use that fulfills the definition of a craft beverage production establishment shall be considered a craft beverage production establishment.

Cul-de-sac means a minor street with only one outlet and culminated by a turnabout.

Cultural facility or museum means an institution devoted to the procurement, storage, organization, collection, care, study, and display of objects of natural, scientific, literary, artistic, or cultural interest or value.

Cupola means a domelike structure on top of a roof or dome, often used as a lookout or to admit light and air.

Curb grade means the elevation of the established curb in front of the building measured at the center of such front.

Curbside pickup means the delivery of meals or goods to a customer's personal vehicle parked within a designated parking space or zone fronting the business.

Customer utility service means all of those wires, conduits, pipes, cables and appurtenant equipment located between the pole and the wall of the building occupied by a customer in the case of an electric power, telephone, telegraph or cable television system; and all of those conduits, pipes, and appurtenant equipment located between the street main and the wall of the building occupied by a customer in the case of a gas, water, steam, petroleum or sewer system.

Dancing and live entertainment means any entertainment involving performances, or delivery of entertainment by one or more persons, including but not limited to: musical ensembles, solo performers, deejays, karaoke, comics/comedians, theatrical acts (when performed in a venue other than a theater) and dancing. Live entertainment does not include piped-in background music inside a facility, where no "live" person is actively involved in the playing of the music, or an entertainment production conducted at a school.

Data center means a building enclosing a network of computer servers typically used by businesses and organizations for the remote storage, processing, or distribution of large amounts of data.

Deck means a structure extending from the outside wall of a building that meets the Fairfax County Deck Detail or a comparable design, for example a deck at-grade. Decks may have stairs and landings as required by the International Building Code. See Article 2, § 18-213.

Deck, Covered means a structure meeting the definition of Deck with a roof and no solid walls except the connection to the principal structure and seating walls no greater than 18" in height. The roof is not required to be connected directly to the principal structure if the deck is. Covered decks may be part of Deck and Outdoor Living Coverage. See Article 2, § 18-213.

Development or land development means the construction or substantial alteration of residential, commercial, industrial, institutional, recreational, transportation, or utility facilities, structures or land.

Detention basin means a low-lying area that is designed to temporarily hold a set amount of water while slowly draining it to surrounding soil or to another location.

Distances and areas means measurements in a horizontal plane.

Drive aisle means a vehicular accessway within a parking lot or parking structure.

Drive-through facilities means, other than as excepted below, any facility where goods are sold or services provided to a person riding on or seated within a motor vehicle; or where services or inspections are performed on motor vehicles that stand or wait in line immediately prior to the service being performed. Drive-through facilities provide structures and/or land for the following, and other types of, uses: car washes, motor vehicle lubrication and oil change, motor vehicle inspection, financial institutions, dry cleaners, restaurants, with one or more drive-through windows. Uses excepted from this definition include:

1.

Inspections utilizing not more than one bay at a motor vehicle service station;

2.

Fuel service components of motor vehicle service stations; and

3.

The on-site parking of motor vehicles prior to servicing at motor vehicle service facilities.

Driveway means an area intended for use by automobiles and connecting a street with a parking area or garage.

Duplex means a building containing two dwelling units, arranged one above the other or side by side.

Dwelling means a building designed or used as the living quarters for one family, or more than one, (or family equivalent), to include cooking facilities.

Dwelling unit means one room, or more than one room, in a dwelling providing complete living facilities, to include cooking facilities, for one family (or family equivalent).

Easement means a grant by a property owner of the use of the land by another party for a specific purpose.

Elevation, architectural means a scaled drawing of the side, front, or rear of a structure intended to illustrate how the building will look or function.

Encroachment, setback means any improvement that intrudes into a required setback, buffer area, or protected open space.

Entertainment, means audio, video, or other shows, acts, or amusements for the participation and/or benefit of public patrons. This term shall not include adult businesses.

Event Space means a facility that can accommodate groups gathering for specific purposes, which include, but are not limited to, dancing and live entertainment, weddings, conferences, exhibits and other gatherings.

Façade means the entire exterior wall of a building facing a lot line measured from the grade to the eave or highest point of a flat or mansard roof. Façades may be on the front, side, or rear elevation of the building.

Face of curb means the portion of a curb closest to the gutter or street paving.

Family or family equivalent means an individual living alone in a dwelling unit; or any of the following groups of persons living together and sharing living areas and using common cooking facilities in a single dwelling unit: two (2) or more persons related by blood, marriage, adoption or approved foster care; a group of not more than four (4) persons who need not be related by blood, marriage, adoption or approved foster care; a group home of no more than eight (8) residents; a group of not more than two (2) adults who need not be related by blood or marriage, and the children of each of the two (2) adults.

Family day home means a child day program offered in the residence of the provider or the home of any of the children in care for one (1) through twelve (12) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. Use standards are defined specifically for 1—4 children, and for 5—12 children.

Farmers market means a market, sometimes in open air, at which farmers sell fruit, vegetables, meat, cheese, and/or bakery products directly to consumers. Farmers markets often include the use of temporary tents and canopies and may include the sale of handcrafted goods.

Financial institution means an establishment where the principal business is the receipt, disbursement or exchange of funds and currencies. Such establishments include banks, savings and loans, or credit unions, along with such accessory uses as automated teller machines. Drive-through windows/facilities are defined separately.

Finished lot grade means the finished surface of ground abutting a building or structure.

Floodplain means all lands that would be inundated by floodwater as a result of a storm event of a 100-year return interval.

Foot-candle means the amount of light that falls onto a surface as emitted by an exterior lighting device.

Front building wall means the portion of a building that is closest to the sidewalk or, when there is no sidewalk, the main public street right-of-way to which the building front faces.

Front building line means an imaginary line, parallel to the front lot line, set back from the front lot line by a distance equal to the minimum required front yard setback. The front building line is intended to differentiate between the buildable portion of the front of the lot (behind the front building line) and the area of the front of the lot required to be kept free of structures (between the front building line and the public street right-of-way). See Article 2, § 18-207.

Frontage street means the street that is fronted by a particular lot. In many cases, corner lots front multiple streets; in such a case, the frontage street is the street having the greatest total width of front lot lines within the same block face, and the other street shall be considered the side street. In the case of some through lots, both streets may be considered frontage streets.

Funeral home or mortuary means an establishment for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. This term includes a funeral chapel.

Garage, single-unit residential means a private enclosed parking space that is either attached or detached from a single-unit residential structure.

Garage, commercial means an attached or detached parking structure that serves adjacent commercial, multi-unit residential, and general rental of individual spaces.

Garage sale or yard sale means and includes all general sales, open to the public, conducted from or on a residential premises used for family residential purposes only, in any residential zone as defined by this chapter, for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea-market," or "rummage" sale. This definition shall not include a situation where no more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.

Government uses means services and facilities operated by any level of government.

Green roof means a roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane. It may also include additional layers such as a root barrier and drainage and irrigation systems.

Grocery means a retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods.

Highly erodible soils means soils with an erodibility index (EI) from sheet and rill erosion equal to or greater than eight. The EI for any soil shall be defined by the formula RKLS/T [6], where K is the soil susceptibility of 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 means any soil having a permeability equal to or greater than six inches of water movement per hour in any part of the soil profile to a depth of 72 inches as found in the "National Soils Survey Handbook," November 1996, in the "Field Office Technical Guide" of the U.S. Department of Agriculture Soil Conservation Service.

Historic district means any public or private property within which is located a neighborhood, site, building, structure, object or artifact that the Town Council identifies as reflecting significantly, and considers of such outstanding importance, as to warrant conservation and preservation. Reasons may include the lives of historic personages, some great idea or ideal of the people, or the archeological, architectural, cultural, economic, ethnic, military, natural, political, religious or social heritage of the community, state or nation.

Home-based business, sometimes known as home occupation, means any accessory use of a dwelling unit as a commercial use. See § 18-327 for use standards.

Hotel means any building or portion thereof that contains guest rooms that are designed or intended to be used, let, or hired out for occupancy on a transient basis and that, together, are intended to provide for accommodations for compensation to ten or more individuals at any given time. A hotel will be considered a commercial establishment.

Impervious surface means 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: buildings; parking areas; driveways; streets; sidewalks; areas of concrete, asphalt, gravel, or other compacted aggregate; and areas covered by the outdoor storage of goods or materials which do not absorb water.

Indoor recreation means a private indoor (entirely within an enclosed structure) use providing for sport and recreation activities that are operated or carried on primarily for financial gain. Examples of indoor commercial recreation uses include, but are not limited to, fitness centers, bowling alleys, dancehalls, skating rinks, indoor commercial swimming pools, and racquet and tennis clubs.

Interior side yard. See Article 2, § 18-209.

Junkyard means any land or building used for the abandonment, storage keeping, collecting, or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, machinery, or parts thereof.

Land disturbing activity means any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the commonwealth or Town. Such land change or activity may include, but is not limited to: The removal or destruction of a portion of the natural topsoil; the removal or destruction of trees or other vegetative cover; clearing, grading, excavating, transporting and filling of land; and construction activities.

Landscape strip means an area that includes plantings of grass, ornamental shrubs, trees or other ornamental ground cover that is intended to provide a visual separation between different uses, including, but not limited to, parking areas, buildings and sidewalks.

Landscaping means the planting of grass, ornamental shrubs, trees or other ornamental ground cover.

Landscape island or landscaping island means an area of pervious surface within an off-street parking lot that is intended for the placement of vegetation or stormwater run-off management devices.

Live/work dwelling means a structure or portion of a structure combining a residential living space for one or more persons with an integrated work space principally used by one or more of the residents.

Loading space means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of vehicles while loading or unloading merchandise or material that has access to a street or other appropriate means of ingress and egress.

Local street means a public street primarily designed to serve as access to abutting property and not intended to provide for through traffic movement.

Local thoroughfare means a public street primarily designed to serve as access to abutting property, and to provide secondary through traffic movement.

Lot means a portion of a subdivision intended for transfer of ownership, or an area of land occupied or able to be occupied by a building or group of buildings and accessory buildings together with such yards and area as required by this chapter and having its principal frontage upon a public street, or upon a pedestrian pathway in a development of residences where some units do not front on the public street, such as with townhouses, some forms of duplexes, and cottage courts. The term "lot" shall include "plot" and "parcel."

Lot, corner. See Article 2, § 18-208.

Lot, interior. See Article 2, § 18-208.

Lot, through. See Article 2, § 18-208.

Lot area means the total horizontal area within the boundary lines of a lot.

Lot consolidation means a plat that removes one or more existing lot lines, the effect of which is to eliminate one or more lots so as combine them, resulting in a single larger parcel.

Lot coverage. See Article 2, § 18-213.

Lot depth means the horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines.

Lot deviation. See Article 2, § 18-211.

Lot lines. See Article 2, § 18-207.

Lot line, front. See Article 2, § 18-207.

Lot line, side. See Article 2, § 18-207.

Lot line, rear. See Article 2, § 18-207.

Lot Line or Boundary Line Adjustment means a lot line realignment between two or more adjacent lots in two or more different platted subdivisions.

Lot midline. See Article 2, § 18-207.

Lot modification means subdivision of a lot, lot line or boundary line adjustment, lot consolidation or vacation of boundary lines.

Lot width. See Article 2, § 18-210.

Manufactured home means a structure subject to federal regulation, which is transportable in one or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode, or is three hundred and twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. For the purpose of these provisions, a mobile home, as defined in the Council of American Building Officials, chapter 2, Building Definitions, section 202, shall be considered a manufactured home.

Manufacturing, artisan means an establishment for the small-scale production, preparation, optional display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items.

Manufacturing, light means the processing or fabrication of materials or products provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building or if located outside, the area must be screened.

Marquee means a permanent roof-like structure other than a roof attached to, supported by, and projecting from a building, providing protection from natural elements over the ground, sidewalk or walkway.

Massage therapist means one who practices massage therapy and complies with the application, investigation and training requirements of § 22-5, § 22-6, and § 22-7, and the sanitation, hygiene and environment requirements applicable to health clubs as set forth in § 22-10, § 22-11, and § 22-12; except such operation commenced in a residential zone shall not be required to comply with § 22-12.

Massage therapy means a profession in which the practitioner applies massage techniques, and may apply adjunctive therapies, with the intention of positively affecting the health and well-being of the client. Massage therapy may be applied in response to physician prescription, but does not include diagnosis, except to the extent of determining whether massage therapy is indicated.

Master sign plan means, for a multi-tenant development, building or shopping center, a comprehensive sign plan that identifies all proposed permanent wall signs, free-standing signs and window signs.

Medical office means an office which provides physical or mental medical care, testing, or treatment on an outpatient basis for stays of twenty-four (24) hours or less by physicians, dentists, optometrists, and other healthcare practitioners licensed by the Commonwealth of Virginia.

Medical care facility means a facility concerned with the diagnosis, treatment, and care of human ailments and afflictions, including hospitals; dental services; medical services or clinics.

Mezzanine means an intermediate, habitable level of space located between two floors and partially open to the floor below.

Midline. See Article 2, § 18-207.

Mixed-use means development that includes a mixture of residential and nonresidential use types.

Model home sales or leasing office/trailer means a house constructed to serve as a temporary sales office and as an example of the style of home that can be built in a given housing development.

Monument means a mark affixed to a permanent object along a line of survey to furnish a survey control. See Article 6.

Multi-modal transportation impact analysis means the study of development-related existing and future conditions of travel demand and supply, to include analysis of vehicular, pedestrian and bicycle traffic, transit, and parking in a defined study surrounding the proposed development site.

Multi-unit dwelling, or multiple-unit dwelling, or multi-unit residential use and/or complex means a building or portion thereof, designed for occupancy by three or more families (or family equivalent) living independently of each other. The term does not include hotels, tourist camps, cabins or courts, trailer camps, motels or similar premises. Groups of three or more townhouses, owned as condominiums or offered for rent, may be considered as multiple-family dwellings.

Nonconforming building or nonconforming structure means any building or structure that lawfully existed prior to the adoption of this ordinance but that, without structural modification or addition, does not conform to the area, bulk, yard, density, or off-street parking regulations of this chapter for the zone in which it is located.

Nonconforming lot means a lot that does not comply with the dimensional standards that apply in the zoning district where the lot is located but was permissible under previous provisions of this ordinance or predates this ordinance.

Nonconforming use means a use that lawfully occupied a building, structure, or land prior to the adoption of the ordinance from which this chapter is derived and that, without change of use or manner of use, does not conform to the use regulations of this chapter for the zone in which it is located.

Non-point source pollution means diffuse source pollutants such as runoff from cultivated agricultural land, from silvicultural activities, and from urban storm runoff. These pollutants are conveyed to waterways through natural processes, such as rainfall, stormwater runoff, or groundwater seepage rather than by deliberate discharge.

Non-tidal wetlands means areas other than tidal wetlands that are inundated or saturated by surface water 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 33 CFR 328.3b.

Off-site parking means off-street parking that serves a particular use without being on the same lot as the use it serves.

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

Official map means the map established by the Town Council showing the streets, highways, waterways and public areas, or additions thereto, resulting from the approval and filing of subdivision plats.

Officially designated means a landmark, building, or structure which has been duly designated by the state historic landmarks commission or by other recognized historical preservation organizations or by the Town Council.

Open space means land and/or water area which has been specifically designed or set aside for conservation, place-making, or recreational purposes. See Article 2, § 18-214.

Outdoor dining (permanent and seasonal) means the service of food and/or beverages from a restaurant use to diners seated in outdoor dining areas, including patios, sidewalks, and areas under canopy or awning.

Outdoor display and sales means retail sales operated in the open air, including sale items, garden plants, mulch, tires, bicycles, utility trucks or trailers, motor vehicles, boats, or home equipment sales, repair, or rental services. If a use fulfills the definition of vehicle sales and rental, it shall be considered vehicle sales and rental use.

Outdoor living coverage. See Article 2, § 18-213.

Outdoor parks and recreational uses, public means of or relating to relaxation by the physical participation of persons in activities on public lands in the outdoors, sometimes conducted in, on, or about a track, court, field, lawn, course, preserve, pool-like area, or field house.

Outdoor recreational uses, private means of or relating to relaxation by the physical participation of persons in activities on private lands in the outdoors, sometimes conducted in, on, or about a track, court, field, lawn, course, preserve, pool-like area, or field house.

Parapet means a low wall or protective barrier that extends vertically above the roof of a building or other structure.

Parcel means any tract of land, capable of subdivision into lots under this chapter.

Parking area means an open area, other than a street or alley, used for the parking of automobiles.

Parking lot cross-access means vehicular access provided between the vehicular use areas of two or more development sites or parcels of land intended to allow travel between the sites without the use of a public or private street.

Parking shuttle means, typically, a bus or other vehicle that provides patrons regularly scheduled service between a parking area and the building or use served by that parking.

Parking space means space within a building or a private or public parking area for the parking of one automobile.

Particulate matter means material which is suspended in or discharged into the atmosphere in finely divided form as a liquid or a solid, including smoke, dust, fumes, or mist.

Patio means a surfaced, court-like area at ground level outside the main wall of a building, which area is not sheltered by a roof.

Pedestrian pathway means paved walkways that provide a pedestrian passage through blocks running from a street to another street, to a vehicular use area, or to another location.

Pedestrian-oriented (pedestrian-friendly) means development forms that are sized, spaced, and configured to allow easy physical and visual access by persons travelling on foot.

Pergola means a permanent structure attached to a building by posts supporting a horizontal roof that may be open or closed to provide air flow or shade from the sun and elements.

Permitted use or by-right use means that a proposed action may be approved administratively in the respective zoning district subject to all other applicable requirements of this Code being met.

Photovoltaic panel means a collection device that converts radiant energy from the sun into electricity.

Planning commission or commission means the planning commission of the Town of Vienna, Virginia.

Plat means a document, prepared by a registered surveyor or engineer that delineates property lines and shows monuments and other landmarks for the purposes of identifying property.

Plat, final means the plat of subdivision that once recorded, will create the individual lots shown in the preliminary plat and construction plan.

Plat, preliminary means the preliminary map, drawing or chart indicating the proposed layout of the subdivision to be submitted to the planning commission for its consideration.

Point source pollution means discharge of pollutants into waters at a specific location through a pipe, outfall, or ditch.

Porch means an open area outside an exterior wall of a building and covered by a roof which may be attached to a side wall and may be common with the main roof of the building and is used for purposes other than the sheltering of motor vehicles.

Portable storage container means a portable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, or merchandise.

Pre-existing lot grade means the elevation of the lot that exists prior to the issuance of any grading, demolition, or building permit, or any other activities associated with the removal or rebuilding of the existing principal structure.

Primary entrance or primary customer entrance means the place of ingress and egress to a building, parcel, or development used most frequently by the public.

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

Principal structure. See "Principal building or principal structure."

Principal structure height. See "Building height or principal structure height."

Principal use means the main or primary use of a building or lot.

Private yard means that portion of a lot outside the structure or structures on the lot which is designated solely for use by the property owner or occupant.

Process weight per hour means the total weight of all materials introduced into any specific process which process may cause any discharge into the atmosphere. Solid fuels charged will be considered as part of the process weight but liquid and gaseous fuels and combustion air will not. The process weight per hour will be derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle.

Production or processing means the manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials. This term does not include uses that fulfill the definition of "manufacturing, light."

Proffer means a voluntary proposal by an applicant for a property to mitigate the impacts of the development they propose to undertake.

Public means any land use, property, or structure owned by a political subdivision and dedicated to public use. It may also refer to people.

Public art means work in any media that has been planned and implemented with the specific intention of being sited, staged, or viewed in one or more publicly accessible space.

Public community center means a community center facility where social, recreational, welfare, health, or child care services are provided to the general public by a public, quasi-public, tax exempt, or municipal agency.

Public engagement plan means a plan that establishes the principles, processes and milestones for public engagement related to a development proposal, planning project or other initiative, to address the needs of community stakeholders and to engage people in the decision-making process.

Public garage means a building other than a private automobile garage where automobiles are parked or stored.

Public use trailer or public use manufactured home means a manufactured home used by public safety personnel and dedicated to public safety uses.

Rear lot line. See Article 2, § 18-207.

Rear yard. See Yard, Rear.

Recycling drop-off facility means a space or container allocated for collecting recyclable material, where recyclable material from households in the general vicinity are delivered to the space or container directly by members of such households.

Redevelopment means the process of developing land that is or has been previously developed.

Religious assembly means a church, synagogue, temple, mosque, or other building or structure that houses the sanctuary or principal place of worship of an organization devoted to the furtherance of religious ideals.

Remodeling means a change in the structure or layout of an existing building or space.

Residence for manager or employee means a dwelling unit for the use of an employee of manager that is accessory to a commercial or institutional use, such as the residence of a dean on a university campus or the residence of a night watchman at an industrial facility.

Resource management area (RMA) means a component of the Chesapeake Bay Preservation Area (not classified as a resource protection area (RPA)), as designated on the official CBPA map for the Town as incorporated in the current comprehensive plan that includes lands, which if improperly used or developed, have a potential for causing significant water quality degradation. Lands with the following characteristics may be classified as RMAs:

1.

100-year floodplains;

2.

Highly erodible soils and/or slopes in excess of 15 percent;

3.

Highly permeable soils;

4.

Non-tidal wetlands not classified as an RPA; or

5.

Other lands as identified by the Town to be necessary to protect the quality of state waters.

Resource protection area (RPA) means a component of the Chesapeake Bay Preservation Area as designated on the official CBPA map for the Town as incorporated in the comprehensive plan that is comprised of lands adjacent to a water body with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to the impacts which may result in significant degradation to the quality of state waters. The following lands shall be classified as RPAs:

1.

Non-tidal wetlands connected by surface flow to or contiguous to a water body with perennial flow;

2.

Other lands as identified by the Town to be necessary to protect the quality of state waters; and

3.

Buffer areas having widths of not less than one hundred (100) feet, landward of the components listed in subsections 1. and 2. of this definition, and adjacent to and landward from each side of any water body with perennial flow.

Restaurant means a commercial establishment, located inside an enclosed building, where meals are primarily prepared to order and served individually for consumption within such building to patrons seated at tables or counters, or in booths, or may be prepared for carry-out, or curbside pick-up. A snack bar or refreshment stand at a nonprofit community swimming pool, playground, playing field, park or similar recreational activity shall not be deemed to fall within the definition of a restaurant.

Retail means the sale of products from the premises to the general public in a facility.

Retention pond means a pond or depression designed to hold a specific amount of stormwater run-off indefinitely.

Ride share or taxi standing area means an area for vehicles engaged in carpooling, ride share or taxi service, while picking up, dropping off, or waiting for passengers. Such areas are not intended to be used for long-term parking of vehicles.

Roadway means that portion of the street available for vehicular traffic, and where curbs are laid, being the portion from face to face of curbs.

Satellite antenna means an apparatus, usually dish shaped, the purpose of which is to have the capability to receive communications from a transmitter or a transmitter relay located in planetary orbit.

School (Elementary, Middle, and High) means a location, building, or structure that houses or is used by a public school district or private organization for primary, or secondary educational instruction.

Self-storage means a facility that includes two or more individual units of 500 square feet or less, each of which is rented solely to store household goods and personal effects as defined in Virginia Code § 58.1-3504, tangible personal property employed in a trade or business as defined in Virginia Code § 58.1-3503.A.17, and inventory of stock on hand as that term is used in Virginia Code § 58.1-3510.A.

Services, general, means a facility involved in providing services for an individual's property or pets including ancillary sales of products for the services. General services shall include, but not be limited to, the following: animal grooming; photocopy; sign-making; security service; drycleaning; taxidermy; repair services; or any similar use. General services does not include any adult use or veterinary services.

Services, personal means a facility primarily engaged in personal care of and services for an individual. Personal services shall include, but not be limited to, the following: salons; spas; barbershops; physical fitness centers; dance studios; martial arts studios; tattoo parlors; or any similar use. The term does not include any adult uses, massage therapy, or medical care.

Setback means a line parallel to the street or property line which establishes the minimum distance between the lot line and the nearest part thereto of any permitted structure or feature. See Article 2, § 18-210 for definitions of setbacks of all yards.

Shared kitchen means an area approved as a commercial kitchen by the Fairfax County Health Department and designed and intended to be used for the cooking or preparation of food by more than one family or commercial entity. Shared kitchens are sometimes also known as incubator kitchens.

Shared parking means a parking management strategy in which parking spaces are shared by more than one user, and which allows parking facilities to be used more efficiently. Shared parking recognizes that parking spaces are only used during certain times by particular uses in schedules that follow predictable patterns.

Shelter, hypothermia prevention means the provision of temporary housing to homeless or housing-insecure persons and/or the provision of ancillary services such as counseling and vocational training.

Shopping center means a group of not less than four contiguous retail stores or a building of contiguous retail stores having a total ground floor building area of not less than ten thousand (10,000) square feet, with immediately adjoining off-street parking facilities as required by this chapter.

Show window display means displays of merchandise, pictures, posters, prices, promotional statements, etc., designed and intended to be viewed by pedestrians in front of the show window.

Side street means the street that is secondary to the frontage street in the case of corner lots. A street's identification as a frontage street or a side street is relative to each lot; in other words, while a corner lot may consider a particular street to be a side street, other nearby lots—such as interior lots adjacent to the corner lot—may consider that same street to be a frontage street.

Side lot line means a lot line that:

1.

Is not a front lot line,

2.

Is not a corner side lot line, and

3.

Shares at least one terminus with a front lot line or a corner side lot line.

Side yard means a yard between a principal building and the side lot line, extending from the front yard, or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally from the nearest point of the side lot line toward the nearest part of the principal building.

Sight triangle means the theoretical triangle at an intersection that must be clear from obstructions to allow clear views between vehicles and/or pedestrians.

Sign means any object, letter, figure, design, symbol, artistic display, trademark, flag (excluding federal, state and local flags) illumination of other device intended to call attention to or identify or give direction to any place, subject, person, firm, business, public performance, article, machine or merchandise. This definition shall not include temporary merchandise signs displayed and intended for viewing inside of a building; public art; seasonal displays and decorations not advertising a product, service, or entertainment; or architectural features, except those that identify products or services or advertise a business use.

Sign, A-frame means a temporary freestanding sign constructed to for a two-faced sign with supports that are connected at the top and separated at the base, forming an "A" shape.

FIGURE 9.1 A-Frame sign example.

Sign, Awning, means signage or imagery located on the valance, face or sides of an awning.

FIGURE 9.2 Awning example.

Sign, Banner, means any temporary sign consisting of lightweight, flexible material, which is supported by a frame, ropes, cables, wires or other anchoring devices.

FIGURE 9.3 Banner sign example.

Sign, Billboard means any free-standing sign structure used as an outdoor display for the purpose of making anything known, which is not attached to and/or is remote from said display.

Sign, Canopy means signage attached to a canopy attached to a building while still maintaining minimum clearance of eight (8) feet between the ground and the lowest point of the canopy.

FIGURE 9.4 Canopy example.

Sign, Freestanding means any sign supported by one or more uprights, braces or poles, or placed directly on the ground or on a foundation on the ground and not attached to a building.

FIGURE 9.5 Freestanding hanging sign example.

Sign, Monument means a freestanding, ground mounted sign used to identify a building, its tenants or businesses located on the same site.

FIGURE 9.6 Monument sign example.

Sign, Moving or rotating means any sign that involves motion or rotation of any part or that displays flashing or intermittent lights.

Sign, Projecting means any sign that is attached in a plane approximately perpendicular to the surface of a building or other structure. Total signage area is fifteen (15) square feet or more.

FIGURE 9.7 Projecting sign example.

Sign, Projecting, Minor means any sign that is attached in a plane approximately perpendicular to the surface of a building or other structure. Total signage area is between one and one-half (1.5) and fourteen and nine-tenths (14.9) square feet.

FIGURE 9.8 Projecting, minor sign example.

Sign, Secondary means a freestanding, ground mounted sign between one and one-half (1.5) and nine and nine-tenths (9.9) square feet in area. The sign may be single or double-sided. The sign may be supported by a single or double pylon, hanging from a post arm, or have a monument style base.

FIGURE 9.9 Secondary sign example.

Sign, Temporary means a sign constructed of cloth, canvas, vinyl, paper, plywood, fabric, or other lightweight material not well suited to provide a durable substrate or, if made of some other material, is neither permanently installed in the ground nor permanently affixed to a building or structure which is permanently installed in the ground.

Sign, Wall means any sign that is affixed directly to or suspended from a wall, marquee, mansard roof or parapet wall of a building, with the exposed face of the wall and extending from it less than 12 inches. A wall sign may be either of one-piece construction or of individual letters or symbols. A wall sign may also be inscribed on or attached to the vertical or nearly vertical surface of an awning or canopy that is permanently affixed to a building.

FIGURE 9.10 Wall sign example.

FIGURE 9.11 Wall sign, minor example.

FIGURE 9.12 Window sign example.

Sign, Window means a sign visible outside the window and attached to or within 18 inches in front of or behind the surface of a window or door.

Sign, Yard means temporary sign placed upon or supported by the ground independently of any other structure or affixed to a framework or flat surface.

FIGURE 9.13 Yard sign example.

Sign area. See § 18-903.

Sign height. See § 18-903.

Sign maintenance means the renewal, painting, repair, or cleaning of an existing sign, which retains the same sign information items, colors, composition, location and structure as the original.

Sign structure means any assembly of materials that supports a sign and that is not an integral element of a wall or building.

Single-unit detached dwelling, or single-unit dwelling, or single-family dwelling, or one-unit dwelling means a detached building designed or used exclusively for occupancy by one family (or family equivalent).

Sleeping quarters means bedrooms or other rooms within a residential facility where occupants are permitted use as sleeping areas as permitted by the Virginia USBC.

Smoking lounge means any facility, building, structure, or location, where customers consume tobacco or a similar legal smoking product.

Solar panel or solar collection system means a collection device that converts radiant energy from the sun into electricity.

Special event means an activity sponsored by a nonprofit organization or public agency lasting fourteen (14) consecutive calendar days or less and includes but is not limited to such activities as school carnivals, dinners, concerts, bazaars, and neighborhood fairs.

Specialized instruction means a facility primarily devoted to giving instruction in vocational, professional, musical, dramatic, artistic, scientific, performing arts, or other special subjects. This use does not include a childcare center, home day care facility, or health and exercise facility.

Sports court means an outdoor asphalt, concrete or other hardscape court (not including parking lots) designed for athletic purposes (i.e. basketball court, tennis court, etc.) surrounded by fencing or on a standalone pad.

Stable and riding, personal use, means the lodging and care of horses, where such horses are used principally by the horses' owners.

Stacking or stacking space means the space specifically designated as a waiting areas for vehicles whose occupants will be patronizing a drive through facility.

Standard conditions means a gas temperature of sixty (60) degrees Fahrenheit and gas pressure of fourteen and seven-tenths (4.7) pounds per square inch absolute. Results of all analyses and tests shall be calculated or reported at this gas temperature and pressure.

Step-back means an area of a façade above the first floor of a building or structure that is located a set distance further back from the façade or story below it.

Stoop means a small staircase typically, but not necessarily, constructed of concrete and/or masonry, ending in a platform, and utilized primarily as an access to a building.

Storage yard means a location that is used for the storage of equipment, vehicles, machinery, materials, paints, pipe, or electrical components. If a use fulfills the definitions of this term and that of "building materials storage and sales," it shall be considered a "building materials storage and sales" use.

Story. See Article 2, § 18-212.

Story, half. See Article 2, § 18-212.

Street means a public way for vehicular or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, expressway, road, avenue, boulevard, lane, place, circle or otherwise. Streets, including the entire right-of-way, are normally the principal means of access to abutting property.

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

Street tree means any tree planted at regular intervals within or adjacent to street rights-of-way.

Street width means the total width of the strip of land dedicated or reserved for public travel, including roadways, curbs, gutters, sidewalks and planting strips. The width is measured as the horizontal distance between the street lines, or property lines, measured at right angles to the side lines.

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

Structuremeans anything constructed or erected that requires location on the ground, or is attached to something having a location on the ground, including, but not limited to, patios and decks. Tents used exclusively for recreational or camping purposes, and customary garden accessories such as fences, trellises, grapevine supports, etc., are not included in this definition. The provisions of this definition relating to patios and decks shall not apply to Chapter 6, Article 6 of this Code. Additionally, patios and decks shall not be considered structures for the purpose of architectural review in any residential zone. For floodplain management purposes, structure means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. Structures used for sheltering or occupancy fall under the Building definition.

Subdivider means a person owning any tract, lot or parcel of land to be subdivided; it may also be a group of two or more persons owning any tract, lot or parcel of land to be subdivided, who have given their written power of attorney to one of their group or to another individual to act on their behalf.

Subdivision means:

1.

The division of a parcel of land into two or more lots or parcels, each for the purpose, whether immediate or future, of transfer of ownership or building development.

2.

Where a new street is involved, any division of a parcel of land, regardless of the size of the parcels.

3.

The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street, except private streets serving industrial structures.

4.

The division or allocation of land as open spaces for common use by owners, occupants or leaseholders.

5.

The division or allocation of land as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.

6.

Subdivision of a parcel that was created through a previous subdivision, which is also known as resubdivision; when appropriate to the context, this action shall relate to the process of subdividing or to the land subdivided.

Substantial alteration means expansion or modification of a structure in a resource management area, which results in a disturbance of land exceeding an area of two thousand five hundred (2,500) square feet.

Surety means a deal that construction project creditors sign ensuring insurance in case of unfortunate events occurrence which can lead to disruptions, inability to complete the project, failure to meet project requirements, inability to pay their debts; is the contractor's business.

Temporary family health care structures mean tents, canopies, or other temporary structures intended to protect health care workers from the elements while administering medical treatment, testing, counseling, or other services to the general public.

Tent means any enclosure or shelter which is constructed of canvas or pliable material supported in any manner except by the contents it protects.

Terrace means a surfaced, court-like area outside the main wall of a building, raised above the adjoining ground either by earth with sloping sides or an independent foundation.

Town means the Town of Vienna, Virginia, its administrative body, or its governmental authority.

Townhouses means a series of attached, single-family dwelling units developed in groups or clusters and separated and attached to/from one another by continuous vertical party walls without openings from basement to roof, and having diversified architectural facades, roofs, and treatment of materials.

Trailer means any vehicle or structure that:

1.

Is designed and constructed in such a manner as will permit:

a.

Occupancy thereof as sleeping quarters for one or more persons that does not meet the requirements of a manufactured home; or

b.

The conduct of any business or profession, occupation or trade (or use as a selling or advertising device), including public purposes that may be allowed by this chapter; and

2.

Is or may be mounted on wheels and transported on highways or city streets, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationary rails or tracks.

Trailer, public use means a trailer used by the Town or the county public schools and dedicated to providing services to the public.

Trailer, residential use means a structure standing on wheels or capable of being towed or hauled by another vehicle, and used or intended to be used as a short-term dwelling.

Transient occupancy means occupancy for periods of not more than thirty (30) days.

Transportation demand management means the application of strategies and policies to reduce travel demand of single-occupancy private vehicles, or to redistribute this demand in space or in time.

Tree means any self-supporting woody plant growing upon the earth, usually producing one main trunk with a diameter of no less than four inches at a height of four and one-half (4½) feet above the ground, and producing a more or less distinct and elevated head with many branches.

Tree canopy or tree cover means all areas of coverage by plant material exceeding five feet in height.

Two-unit attached dwelling. See Duplex.

Understory tree means a tree that has an expected height at maturity of no greater than thirty (30) feet.

Unit means one building in a series of attached commercial units located in a commercial group building development, or a dwelling unit.

Unit group building means two or more buildings (other than dwellings) grouped upon a lot and held under single ownership, such as the buildings of some universities, hospitals, and institutions.

Upper story residential means a dwelling unit located exclusively on the second floor and/or higher floors of a multi-story building, although entranceways, stairways, or other accessways to the upper-story residences may be present on the first floor of the building.

Use 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.

Use, temporary means a use established for a fixed period of time with the intent to discontinue the use upon the expiration of time.

Utility facility means all lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and includes facilities for the generation of electricity.

Vacation of boundary lines See lot consolidation. See Article 6.

Variance means, in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land, or the size, area, bulk, or location of a building or structure when the strict application of the ordinance 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 ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.

Vehicle charging station means the location and facility for the charging of an electric vehicle.

Vehicle fueling station means the location and facility for retail sale of automobile fuels, oils, and accessories, where repair service, if any, is incidental. May include the sale of propane or kerosene as accessory uses. May include the sale of food, drinks, and consumer goods as an accessory use.

Vehicle repair and maintenance means a business, service, or industry where the maintenance, repair, servicing, or painting of vehicles is conducted or rendered.

Vehicle sales and rental means the display, sale, rental, or leasing of motor vehicles, including any repair services accessory to the principal vehicle sales and rental use.

Vehicular use area means the portion of a site or development dedicated to vehicular ingress and egress, off-street parking, parking aisles, internal travel ways, fire lanes, and other areas dedicated to vehicular use, but not necessarily including vehicular storage areas.

Veterinary means an establishment used for the care, observation, or treatment of animals, but not for their sale or distribution.

Violation means the failure of a structure or other development to be fully compliant with the Town's regulations.

Visually permeable means a building material that allows light or vision to pass through it.

Warehouse means the storage of goods with little on-site sales activity to customers, including bulk storage of nonflammable liquids, feed and grain, frozen food, general freight, retail store products such as furniture or appliances, sand, gravel, or other aggregate materials, or any similar use. If a use fulfills the definition of warehouse and storage yard, it shall be considered a storage yard.

Water body with perennial flow means a well-defined channel that contains water year-round during a year of normal rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary source of water for the perennial stream, but it also carries stormwater runoff. A water body with perennial flow exhibits the typical biological, hydrological, and physical characteristics associated with the continuous conveyance of water. Generally, the Town will consider a water body to have perennial flow if it is depicted as a perennial stream on the most recent U.S. Geological Survey 7½ minute topographic quadrangle map (scale 1:24.000).

Water dependent facility means development of any land that cannot exist outside of a resource protection area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to:

1.

Ports;

2.

The intake and outfall structures of power plants, water treatment plants, sewage treatment plants and storm sewers;

3.

Marinas and other boat docking structures;

4.

Beaches and other public water-oriented recreation areas; and

5.

Fisheries or other marine resources facilities.

Wholesale means an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers or to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Wholesale is not considered a retail use.

Wireless facility means telecommunications antennas and associated equipment that may or may not include a tower, dish or other supporting structure, designed to send and receive data signals.

Xeriscape means a style of landscape design and type of vegetation requiring little or no irrigation or other maintenance.

Yard. See Article 2, § 18-209.

Yard, front. See Article 2, § 18-209.

Yard, rear. See Article 2, § 18-209.

Yard, side. See Article 2, § 18-209.

Zoning Administrator means the Town official designated to administer this chapter.

Zoning map means the official zoning map for the Town, together with all amendments thereto.

(Ord. of 11-22-2024; Ord. of 2-24-2025)

The following definitions describe the uses within Article 3 - Uses and Use Standards, and any other references to uses of land within this Zoning and Subdivision Ordinance:

Adult business means an establishment having as a substantial and significant portion of its stock or services that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. For the purpose of this definition:

1.

The term "specified sexual activities" means:

a.

Human genitals in a state of sexual stimulation or arousal;

b.

Acts of human masturbation, sexual intercourse or sodomy;

c.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast; and

2.

The term "specified anatomical areas" means:

a.

Less than completely and opaquely covered:

i.

Human genitals, pubic region;

ii.

Buttock; and

iii.

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

b.

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

Adult day support center means a day care facility for adults but where neither residential nor in-patient services are provided.

Agriculture, enclosed, means all uses included in "Agriculture, general," but where such uses and activities are fully enclosed in structures. For example, an aquaponics operation that is fully within a building would be considered "Agriculture, enclosed." However, a pasture for cattle would not be considered an enclosed use and would not fall under this term.

Agriculture, general, means the production of vegetables, fruits, fish and seafood products, bee products, flowers, meats, animal products, mead, or wine, including the processing of such products and the storage of such products, feed, seed, fertilizers, treatments, and agricultural implements. This term also includes agritourism uses, such as farm tours, farm-to-table meals, cooking classes, wine tastings, and events.

Animal Care Facility means a place where common household pets are cared for, such as for grooming, training, temporary boarding, and/or veterinary/animal hospitals. This definition does not include businesses that meet the definition of animal shelter.

Animal Shelter means any place designated to provide for the temporary accommodation of four or more common household pets that are stray or abandoned by their owners. This definition does not include a kennel, a veterinary hospital, or a zoo.

Bed and breakfast means a structure in which eight or fewer rooms are set aside for transient guests. Such rooms shall not have separate utilities, provisions for cooking or dormitories for sleeping and must be located within the principal structure.

Boardinghouse means a building other than a hotel where lodging, meals, or lodging and meals, are provided for three or more, but not exceeding nine, guests, on a non-transient basis.

Brewpub means a restaurant that produces beer, the production of which is an accessory use, intended for consumption on the premises.

Cafeteria means a dining facility where employees of a business or residents of a group living facility eat meals, which are typically prepared on-site but may also be prepared off-site and brought into the facility.

Car wash means the use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment in exchange for money. This term may include mechanical facilities. This term may include car washing uses that are accessory to vehicle fueling station uses, vehicle repair and maintenance uses, and/or vehicle storage uses.

Catering, Principal Use means an establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for consumption.

Catering, Accessory Use for a restaurant is an accessory use to restaurants in which food is prepared onsite and delivered to another location for consumption.

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

Child care center means a program offered to: (i) two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care, or (ii) 13 or more children at any location.

Club or service organization means an organization and its premises catering to members and their guests for social, philanthropic, intellectual, recreational, or athletic purposes, including lodges.

College or technical school means an institution that is certified to operate as a college or university by the State Council of Higher Education for Virginia, and that offers a program of post-secondary education and instruction leading to degrees or certificates. (Source: Fairfax County Zoning Ordinance, modified by staff)

Commercial off-street parking means surface or structured parking lot established, separate from required parking for an adjacent use, to provide off-street parking to private vehicles possibly for a fee.

Community garden means a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.

Composting drop-off facility means a facility for the drop-off and temporary holding of compostable materials such as paper, food refuse, plant and vegetative matter, and yard waste. A composting drop-off facility is intended for household or consumer use; use by commercial or industrial establishments is not included.

Construction site office and storage means the accessory use of a lot involving the temporary placement and use of a construction office and the temporary storage of construction materials on a property only during the construction phase of a development.

Continuing Care Facility means a facility that may consist of three (3) types of care, or any one or two types: a. Congregate Living Facility: a facility that provides independent living, which may be affiliated with, or located near, health care facilities; b. Adult Assisted Living: a facility for people who cannot live independently and who need assistance with daily chores and housekeeping; c. Nursing Home: a facility for individuals who require specialized nursing care on a regular basis but who do not need to be hospitalized. Such facilities may include, as an integral part, accessory commercial and other facilities and uses primarily for the use of residents and their guests, including but not limited to beauty shop, pharmacy, banking facilities, gift shop and similar facilities.

Cottage court means a group of small, 1—1.5-story, detached dwellings arranged around a shared court, where the court is visible from the street and replaces the function of a rear yard. The dwelling unit entrances face the shared court.

Craft beverage production establishment means a use that manufactures beer, wine, mead, spirits, teas, kombuchas, or other craft beverages but is not principally a retail outlet such as a juice bar or smoothie cafe. This term may include accessory uses, such as a public tasting tours, storage, packaging, and distribution. A craft beverage production establishment that fulfills the definition of a brewpub shall be considered a brewpub. A light industrial use that fulfills the definition of a craft beverage production establishment shall be considered a craft beverage production establishment.

Curbside pickup means the delivery of meals or goods to a customer's personal vehicle parked within a designated parking space or zone fronting the business.

Dancing and live entertainment means any entertainment involving performances, or delivery of entertainment by one or more persons, including but not limited to: musical ensembles, solo performers, deejays, karaoke, comics/comedians, theatrical acts (when performed in a venue other than a theater) and dancing. Live entertainment does not include piped-in background music inside a facility, where no "live" person is actively involved in the playing of the music, or an entertainment production conducted at a school.

Data center means a building enclosing a network of computer servers typically used by businesses and organizations for the remote storage, processing, or distribution of large amounts of data.

Drive-through facilities means, other than as excepted below, any facility where goods are sold or services provided to a person riding on or seated within a motor vehicle; or where services or inspections are performed on motor vehicles that stand or wait in line immediately prior to the service being performed. Drive-through facilities provide structures and/or land for the following, and other types of, uses: car washes, motor vehicle lubrication and oil change, motor vehicle inspection, financial institutions, dry cleaners, restaurants, with one or more drive-through windows. Uses excepted from this definition include:

1.

Inspections utilizing not more than one bay at a motor vehicle service station;

2.

Fuel service components of motor vehicle service stations; and

3.

The on-site parking of motor vehicles prior to servicing at motor vehicle service facilities.

Duplex means a building containing two dwelling units, arranged one above the other or side by side.

Dwelling means a building designed or used as the living quarters for one family, or more than one, (or family equivalent), to include cooking facilities.

Dwelling unit means one room, or more than one room, in a dwelling providing complete living facilities, to include cooking facilities, for one family (or family equivalent).

Entertainment, means audio, video, or other shows, acts, or amusements for the participation and/or benefit of public patrons. This term shall not include adult businesses.

Event Space means a facility that can accommodate groups gathering for specific purposes, which include, but are not limited to, dancing and live entertainment, weddings, conferences, exhibits and other gatherings.

Family or family equivalent means an individual living alone in a dwelling unit; or any of the following groups of persons living together and sharing living areas and using common cooking facilities in a single dwelling unit: two (2) or more persons related by blood, marriage, adoption or approved foster care; a group of not more than four (4) persons who need not be related by blood, marriage, adoption or approved foster care; a group home of no more than eight (8) residents; a group of not more than two (2) adults who need not be related by blood or marriage, and the children of each of the two (2) adults.

Family day home means a child day program offered in the residence of the provider or the home of any of the children in care for one (1) through twelve (12) children under the age of thirteen (13), exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. Use standards are defined specifically for 1—4 children, and for 5—12 children.

Farmers market means a market, sometimes in open air, at which farmers sell fruit, vegetables, meat, cheese, and/or bakery products directly to consumers. Farmers markets often include the use of temporary tents and canopies and may include the sale of handcrafted goods.

Financial institution means an establishment where the principal business is the receipt, disbursement or exchange of funds and currencies. Such establishments include banks, savings and loans, or credit unions, along with such accessory uses as automated teller machines. Drive-through windows/facilities are defined separately.

Funeral home or mortuary means an establishment for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. This term includes a funeral chapel.

Garage, single-unit residential means a private enclosed parking space that is either attached or detached from a single-unit residential structure.

Garage, commercial means an attached or detached parking structure that serves adjacent commercial, multi-unit residential, and general rental of individual spaces.

Garage sale or yard sale means and includes all general sales, open to the public, conducted from or on a residential premises used for family residential purposes only, in any residential zone as defined by this chapter, for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea-market," or "rummage" sale. This definition shall not include a situation where no more than five specific items are held out for sale and all advertisement of such sale specifically names those items to be sold.

Government uses means services and facilities operated by any level of government.

Grocery means a retail establishment primarily selling prepackaged and perishable food as well as other convenience and household goods.

Home-based business, sometimes known as home occupation, means any accessory use of a dwelling unit as a commercial use. See § 18-327 for use standards.

Hotel means any building or portion thereof that contains guest rooms that are designed or intended to be used, let, or hired out for occupancy on a transient basis and that, together, are intended to provide for accommodations for compensation to ten or more individuals at any given time. A hotel will be considered a commercial establishment.

Indoor recreation means a private indoor (entirely within an enclosed structure) use providing for sport and recreation activities that are operated or carried on primarily for financial gain. Examples of indoor commercial recreation uses include, but are not limited to, fitness centers, bowling alleys, dancehalls, skating rinks, indoor commercial swimming pools, and racquet and tennis clubs.

Junkyard means any land or building used for the abandonment, storage keeping, collecting, or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, machinery, or parts thereof.

Live/work dwelling means a structure or portion of a structure combining a residential living space for one or more persons with an integrated work space principally used by one or more of the residents.

Manufacturing, artisan means an establishment for the small-scale production, preparation, optional display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items.

Manufacturing, light means the processing or fabrication of materials or products provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building or if located outside, the area must be screened.

Massage therapist means one who practices massage therapy and complies with the application, investigation and training requirements of § 22-5, § 22-6, and § 22-7, and the sanitation, hygiene and environment requirements applicable to health clubs as set forth in § 22-10, § 22-11, and § 22-12; except such operation commenced in a residential zone shall not be required to comply with § 22-12.

Massage therapy means a profession in which the practitioner applies massage techniques, and may apply adjunctive therapies, with the intention of positively affecting the health and well-being of the client. Massage therapy may be applied in response to physician prescription, but does not include diagnosis, except to the extent of determining whether massage therapy is indicated.

Medical care facility means a hospital, inpatient facility, free-standing emergency care facilities, or other medical treatment center served by ambulances on a regular basis. This definition excludes urgent care facilitates without ambulance bays.

Medical office means an office which provides physical or mental medical care, testing, or treatment on an outpatient basis by physicians, dentists, optometrists, urgent care facilities (without ambulance bays) and other healthcare practitioners licensed by the Commonwealth of Virginia.

Medical Testing Facility means a facility set-up on a temporary basis to provide testing for a communicable disease. Blood donation shall not be considered a Medical Testing Facility.

Mixed-use means development that includes a mixture of residential and nonresidential use types.

Multi-unit dwelling, or multiple-unit dwelling, or multi-unit residential use and/or complex means a building or portion thereof, designed for occupancy by three or more families (or family equivalent) living independently of each other. The term does not include hotels, tourist camps, cabins or courts, trailer camps, motels or similar premises. Groups of three or more townhouses, owned as condominiums or offered for rent, may be considered as multiple-family dwellings.

Model home sales or leasing office/trailer means a house constructed to serve as a temporary sales office and as an example of the style of home that can be built in a given housing development.

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

Outdoor dining (permanent and seasonal) means the service of food and/or beverages from a restaurant use to diners seated in outdoor dining areas, including patios, sidewalks, and areas under canopy or awning.

Outdoor display and sales means retail sales operated in the open air, including sale items, garden plants, mulch, tires, bicycles, utility trucks or trailers, motor vehicles, boats, or home equipment sales, repair, or rental services. If a use fulfills the definition of vehicle sales and rental, it shall be considered vehicle sales and rental use.

Outdoor parks and recreational uses, public means of or relating to relaxation by the physical participation of persons in activities on public lands in the outdoors, sometimes conducted in, on, or about a track, court, field, lawn, course, preserve, pool-like area, or field house.

Outdoor recreational uses, private means of or relating to relaxation by the physical participation of persons in activities on private lands in the outdoors, sometimes conducted in, on, or about a track, court, field, lawn, course, preserve, pool-like area, or field house.

Permitted use or by-right use means that a proposed action may be approved administratively in the respective zoning district subject to all other applicable requirements of this Code being met.

Portable storage container means a portable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, or merchandise.

Principal use means the main or primary use of a building or lot.

Production or processing means the manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials. This term does not include uses that fulfill the definition of "manufacturing, light."

Public community center means a community center facility where social, recreational, welfare, health, or child care services are provided to the general public by a public, quasi- public, tax exempt, or municipal agency.

Public garage means a building other than a private automobile garage where automobiles are parked or stored.

Public use trailer or public use manufactured home means a manufactured home used by public safety personnel and dedicated to public safety uses.

Recycling drop-off facility means a space or container allocated for collecting recyclable material, where recyclable material from households in the general vicinity are delivered to the space or container directly by members of such households.

Religious assembly means a church, synagogue, temple, mosque, or other building or structure that houses the sanctuary or principal place of worship of an organization devoted to the furtherance of religious ideals.

Residence for manager or employee means a dwelling unit for the use of an employee of manager that is accessory to a commercial or institutional use, such as the residence of a dean on a university campus or the residence of a night watchman at an industrial facility.

Restaurant means a commercial establishment, located inside an enclosed building, where meals are primarily prepared to order and served individually for consumption within such building to patrons seated at tables or counters, or in booths, or may be prepared for carry-out, or curbside pick-up. A snack bar or refreshment stand at a nonprofit community swimming pool, playground, playing field, park or similar recreational activity shall not be deemed to fall within the definition of a restaurant.

Retail means the sale of products from the premises to the general public in a facility.

Ride share or taxi standing area means an area for vehicles engaged in carpooling, ride share or taxi service, while picking up, dropping off, or waiting for passengers. Such areas are not intended to be used for long-term parking of vehicles.

School (Elementary, Middle, and High) means a location, building, or structure that houses or is used by a public school district or private organization for primary, or secondary educational instruction.

Self-storage means a facility that includes two or more individual units of 500 square feet or less, each of which is rented solely to store household goods and personal effects as defined in Code of Virginia § 58.1-3504, tangible personal property employed in a trade or business as defined in Code of Virginia § 58.1-3503.A.17, and inventory of stock on hand as that term is used in Code of Virginia § 58.1-3510.A.

Services, general, means a facility involved in providing services for an individual's property or pets including ancillary sales of products for the services. General services shall include, but not be limited to, the following: animal grooming; photocopy; sign-making; security service; drycleaning; taxidermy; repair services; or any similar use. General services does not include any adult use or veterinary services.

Services, personal means a facility primarily engaged in personal care of and services for an individual. Personal services shall include, but not be limited to, the following: salons; spas; barbershops; physical fitness centers; dance studios; martial arts studios; tattoo parlors; or any similar use. The term does not include any adult uses, massage therapy, or medical care.

Shared kitchen means an area approved as a commercial kitchen by the Fairfax County Health Department and designed and intended to be used for the cooking or preparation of food by more than one family or commercial entity. Shared kitchens are sometimes also known as incubator kitchens.

Shelter, hypothermia prevention means the provision of temporary housing to homeless or housing-insecure persons and/or the provision of ancillary services such as counseling and vocational training.

Single-unit detached dwelling, or single-unit dwelling, or single-family dwelling, or one-unit dwelling means a detached building designed or used exclusively for occupancy by one family (or family equivalent).

Smoking lounge means any facility, building, structure, or location, where customers consume tobacco or a similar legal smoking product.

Specialized instruction means a facility primarily devoted to giving instruction in vocational, professional, musical, dramatic, artistic, scientific, performing arts, or other special subjects. This use does not include a childcare center, home day care facility, or health and exercise facility.

Stable and riding, personal use, means the lodging and care of horses, where such horses are used principally by the horses' owners.

Storage yard means a location that is used for the storage of equipment, vehicles, machinery, materials, paints, pipe, or electrical components. If a use fulfills the definitions of this term and that of "building materials storage and sales," it shall be considered a "building materials storage and sales" use.

Temporary family health care structures mean tents, canopies, or other temporary structures intended to protect health care workers from the elements while administering medical treatment, testing, counseling, or other services to the general public.

Townhouses means a series of attached, single-family dwelling units developed in groups or clusters and separated and attached to/from one another by continuous vertical party walls without openings from basement to roof, and having diversified architectural facades, roofs, and treatment of materials.

Trailer, public use, means a trailer used by the Town or the county public schools and dedicated to providing services to the public.

Trailer, residential use, means a structure standing on wheels or capable of being towed or hauled by another vehicle, and used or intended to be used as a short-term dwelling.

Transient occupancy means occupancy for periods of not more than thirty (30) days.

Two-unit attached dwelling: See Duplex.

Upper story residential means a dwelling unit located exclusively on the second floor and/or higher floors of a multi-story building, although entranceways, stairways, or other accessways to the upper-story residences may be present on the first floor of the building.

Use 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.

Use, temporary means a use established for a fixed period of time with the intent to discontinue the use upon the expiration of time.

Utility facility means all lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and includes facilities for the generation of electricity.

Vehicle charging station means the location and facility for the charging of an electric vehicle.

Vehicle fueling station means the location and facility for retail sale of automobile fuels, oils, and accessories, where repair service, if any, is incidental. May include the sale of propane or kerosene as accessory uses. May include the sale of food, drinks, and consumer goods as an accessory use.

Vehicle repair and maintenance means a business, service, or industry where the maintenance, repair, servicing, or painting of vehicles is conducted or rendered.

Vehicle sales and rental means the display, sale, rental, or leasing of motor vehicles, including any repair services accessory to the principal vehicle sales and rental use.

Veterinary means an establishment used for the care, observation, or treatment of animals, but not for their sale or distribution.

Warehouse means the storage of goods with little on-site sales activity to customers, including bulk storage of nonflammable liquids, feed and grain, frozen food, general freight, retail store products such as furniture or appliances, sand, gravel, or other aggregate materials, or any similar use. If a use fulfills the definition of warehouse and storage yard, it shall be considered a storage yard.

Wholesale means an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers or to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. Wholesale is not considered a retail use.

Wireless facility means telecommunications antennas and associated equipment that may or may not include a tower, dish or other supporting

(Ord. of 2-24-2025)

1.

Sign Area. For temporary or permanent signs on a background or window, whether free-standing or wall-mounted, the entire area of the framework or background of the sign is calculated as the sign area. The sign area includes the area of any material or color that is used to differentiate the sign from the sign structure against which it is placed.

2.

Sign Height. Sign height is measured by the difference in height between the elevation of the established or proposed grade level beneath the base of the sign and the elevation or point of the uppermost extremity of the sign structure.

3.

Supports, uprights or structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights or structure are designed in such a way as to form an integral background of the display.

4.

When a sign is placed on a fence, wall, planter, or other similar structure that is designed to serve a separate purpose other than to support the sign, the entire area of such structure shall not be included in the sign area computation.

5.

Double-sided signage. The sign area shall be computed by the measurement of one of the faces of a double-sided sign when two sign faces that are part of the same sign structure are: 1) placed back-to-back, so that both faces cannot be viewed from any one point at the same time, 2) are not more than 24 inches apart at their furthest distance from each other, and 3) are not more than 45 degrees at the point of intersection.

(Ord. of 2-24-2025)