For the purposes of this appendix, and unless specifically prescribed to the contrary elsewhere in this appendix, certain words and terms shall be interpreted as set forth in this article. Words and terms not defined here or elsewhere in this appendix shall be interpreted in accordance with such normal dictionary meaning or customary usage as is appropriate to the context.

(a)

General rules. The following general rules of interpretation shall apply throughout this appendix, as they are appropriate to the context:

(1)

The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

(2)

The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

(3)

The word "shall" is mandatory, and the word "may" is permissive.

(4)

The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied."

(5)

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

(6)

The terms "main" and "principal" are synonymous.

(7)

The word "lot" includes the words "plot" or "parcel."

(8)

The word "land" includes the words "water" and "marsh."

(9)

All references to public officials, agencies and bodies are those of the Town of Vinton, Virginia, unless indicated otherwise.

(b)

Certain words and terms defined. The following words and terms shall be interpreted as having such meaning as described herein, unless a specific meaning to the contrary is indicated elsewhere in this appendix:

(1)

Accessory building or structure. A building or structure separate from the main building on a lot and used for purposes customarily incidental and clearly subordinate to the principal use of the lot on which it is located. Where such building or structure is attached by walls or roof to a main building, it shall be considered to be a part of the main building.

(2)

Accessory dwelling unit. A secondary dwelling unit either in or added to an detached single-family dwelling, or in a separate freestanding accessory structure on the same lot as the principal dwelling, for use as a complete, independent living facility with provision within the accessory apartment for cooking, eating, sanitation and sleeping. Such a dwelling is an accessory use and is clearly subordinate to the principal dwelling and shall conform to all use, setback and other requirements of this appendix.

(3)

Accessory use. A use of land or a use of a building or structure for purposes customarily incidental and clearly subordinate to the principal use of the lot on which it is located.

(4)

Adult day care center. A facility which provides supplementary care and protection during a part of the day only to four or more aged, infirm or disabled adults who reside elsewhere, except a facility or portion of a facility licensed by the state board of health or department of mental health, mental retardation and substance abuse services.

(5)

Adult day care home. A single-family dwelling in which is operated a facility which provides supplementary care and protection during a part of the day only to less than four aged, infirm or disabled adults who reside elsewhere, except a facility or portion of a facility licensed by the state board of health or department of mental health, mental retardation and substance abuse services.

(6)

Agricultural use. Tilling of the soil, general farming, truck gardening, horticulture, cultivation of field crops, orchards, groves and nurseries for growing trees and other plants, and including incidental processing, storing and selling of products raised or produced on the premises, together with structures and activities necessary to support such uses. A garden accessory to a dwelling use shall not be considered agricultural use.

(7)

Alley. A public way affording or intended to afford secondary means of vehicular access to abutting properties and situated along the side or rear of such properties.

(8)

Alternative financial institution. Check cashing establishment (as a primary use), motor vehicle title lender, payday lender, or precious metals dealer, as defined in this article.

(9)

Amphitheater. An establishment for the performing arts with open-air, generally tiered, seating for audiences.

(10)

Amusement, commercial, indoor. An establishment primarily engaged in the provision of four or more amusement or entertainment devices or machines or games of skill, chance, or scoring to the public for a fee, where all such activity occurs enclosed in a building. Such games include billiards, pool, table tennis, dartboards, foosball, pinball, video games, and other similar amusement or entertainment devices, whether or not they are coin-operated. Typical uses include billiard and pool halls, video arcades, and game rooms. "Indoor commercial amusement" establishments may include accessory uses, such as snack bars, which are designed and intended primarily for the use of patrons of the amusement use. "Indoor commercial amusement" establishments do not include gun-firing ranges or any use which is otherwise specifically listed in the use tables in article IV of this appendix.

(11)

Amusement, commercial, outdoor. An establishment primarily engaged in the provision of four or more amusement or entertainment devices or games of skill or scoring to the general public for a fee where any portion of the activity takes place outside of a building, including miniature golf course, golf driving ranges, batting cages, or similar facility. "Outdoor commercial amusement" establishments do not include go-cart or motorcycle courses, raceways, drag strips, overnight camping, or gun-firing ranges, or any use which is otherwise specifically listed in the use tables in article IV of this appendix.

(12)

Animal hospital or veterinary clinic. An establishment for the care, observation, or treatment of domestic animals, including household pets, and which may include medical or surgical treatment and care. The short-term overnight boarding of animals shall be permitted as an accessory use and shall be clearly incidental to the principal operation of the animal hospital or veterinary clinic.

(13)

Assisted care facility. An establishment that provides shelter and other services, which may include meals, housekeeping and personal care assistance, for elderly residents who are typically functionally impaired and socially isolated, but otherwise in good health and able to maintain a semi-independent lifestyle, not requiring the more intensive care of a nursing home.

(14)

Automobile graveyard. Any area outside of a completely enclosed building used for the storage, keeping or parking of two or more motor vehicles of any kind, incapable of being operated and not economically practical to make operative.

(15)

Athletic field. Outdoor site, often requiring equipment, designed for organized athletic competition in field sports such as softball, baseball, soccer, and football, and which is not a "sports complex," as defined in this appendix. Athletic fields may include bleachers, but do not provide locker rooms.

(16)

Bed and breakfast establishment. Facilities within an owner-occupied single-family dwelling operated by the owner of such dwelling for the housing of persons on a transient basis for not more than seven consecutive nights, containing not more than four lodging units for overnight guests, and where no meals other than breakfast are served to guests.

(17)

Boardinghouse or rooming house. A building in which lodging is provided to more than two but not more than 14 persons for compensation on a weekly or longer basis, and which contains a dwelling unit occupied by the owner or operator.

(18)

Brewery. An establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer, with a capacity of greater than 315,000 gallons per year. A brewery may include a restaurant or public tasting room as an accessory use.

(19)

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, chattels or activities of any kind.

(20)

Building official. The official designated to enforce the provisions of the Virginia Uniform Statewide Building Code within the jurisdiction of the town.

(21)

Building supplies and materials, retail. Establishments exclusively engaged in wholesale sales, from the premises, of materials which are generally essential to the construction of buildings or structures, including lumber, concrete, bricks, roofing materials, siding, plumbing, heating and electrical equipment, windows, doors, insulation, landscaping supplies, and similar materials.

(22)

Business support services. Establishments or places of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, as well as temporary labor services.

(23)

Check cashing incidental use. Cashing of checks, drafts or money orders for compensation, as accessory to a permitted use other than check cashing primary use.

(24)

Check cashing primary use. Person or establishment engaged in the business of cashing checks, drafts or money orders for compensation, and registered with the state corporation commission pursuant to Code of Virginia.

(25)

Child day care center. A facility complying with applicable state licensing requirements and operated for the purpose of providing care, protection and guidance to a group of 13 or more children separated from their parents or guardians during a portion of the day.

(26)

Clinic. A facility providing medical, dental, optical, surgical or psychiatric services to persons exclusively on an outpatient basis, and involving no overnight stay of patients. The term "clinic" includes the term "office" when used in conjunction with such services.

(26.5)

Commercial vehicle. See Truck or commercial vehicle.

(27)

Commercial motor vehicle sales, rental, and service establishment. An establishment which engages in only the sale, rental, or lease of new and used commercial motor vehicles, the performance of any repair or maintenance work of such commercial motor vehicles, and financial services conducted as an accessory use to the establishment.

(28)

Commission. The planning commission of the town.

(29)

Community center. A place, structure, area, or other facility used as a place for meetings, recreation, or social activity and not operated for profit. Such facility is generally open to the public and designed to accommodate and serve significant segments of the community. Such facilities may include those owned or operated by the city to serve a designated segment of the community; those owned or operated by a neighborhood organization and used for meetings or activities of such neighborhood organization; or such facilities owned or operated by a homeowners association, condominium association, or similar entity and located within or adjacent to such residential development for use solely by the residents or guests of such development.

(30)

Community market. Any area of land, buildings or structures, open or enclosed, offering for retail sale of fresh produce, prepared food items, other agricultural items, or handmade crafts directly to the consumer from stalls or tables, where the vendors are generally individuals who have raised the vegetables or produce or have made the crafts or have taken the same on consignment for retail sale.

(31)

Completely enclosed building. A building enclosed on all sides and having no outside openings other than ordinary doors, windows and means of ventilation.

(32)

Contractors' offices, shops and display rooms, general or special trade. An establishment where a general contractor engaged in the construction of residential or commercial structures, a special trade contractor that assists in building construction or remodeling including carpentry, electrical, masonry, painting, metalworking, cabinetmaking, flooring installation, duct work, plumbing, heating, air conditioning, and roofing, a landscape contractor engaged in the decorative and functional alteration, planting, or maintenance of grounds, furniture refinishing or upholstery, sign making, or similar work, maintains its principal office or a permanent business office, where the establishment may engage in the retail sale or rental of goods manufactured, assembled, or serviced on the premises, and where such establishment engages in one or both of the following:

a.

The fabrication, assembly, servicing, or storage of products or materials on site within a wholly enclosed building; or

b.

Where permitted by this appendix, the outdoor storage of construction equipment and other materials customarily used in the trade carried on by the contractor but not including any construction or demolition debris or waste materials.

(33)

Contractors' shop, heavy construction. An establishment where a heavy construction contractor engaged in such activities as paving, highway construction, utility construction, or similar work, maintains its principal office or a permanent business office, and where such establishment engages in one or all of the following:

a.

The storage of products or materials on site within a wholly enclosed building;

b.

The outdoor storage of construction equipment or other commercial vehicles on the site; or

c.

Where permitted by this appendix, the outdoor storage of materials customarily used in the trade carried on by the contractor but not including any construction or demolition debris or waste materials.

(34)

Convenience store. Any retail establishment offering for sale a relatively limited selection of prepackaged or deli-style food products, tobacco products, household items, and other related goods, not including gasoline or fuel sales, characterized by a rapid turnover of customers and high traffic generation.

(35)

Dancehall. An establishment where more than ten percent of the total floor area is designated or used as a dance floor or an establishment where an admission fee is directly collected or some other form of compensation is obtained for dancing, other than an establishment operated exclusively as a studio for the purpose of dance instruction.

(36)

Development site. All of the land developed or intended to be developed for townhouse dwellings and related accessory uses, structures and facilities, when such land is contiguous, except for internal streets, and under single ownership or control for purposes of planning and initial development. A development shall include the individual lots on which townhouse dwellings are or will be located, as well as all open spaces, parking areas, driveways, recreational facilities, community areas and other areas owned or to be owned in common by owners of individual lots within the development.

(37)

Distillery. An establishment primarily engaged in distilling and blending potable liquors, including mixing them with other ingredients, with a capacity greater than 5,000 gallons of finished product per year. A distillery may include a restaurant or public tasting room as an accessory use.

(38)

Drive-up facility or drive-up window. Any window or other facility where service is rendered to or business is transacted directly with customers who are located within motor vehicles.

(39)

Dwelling, multi-family. A classification of housing where multiple separate housing units for residential inhabitants are contained within one building or several buildings within one complex. A common form is an apartment building.

(40)

Dwelling, single-family. A site built or modular building designed for or used exclusively as one dwelling unit for permanent occupancy.

a.

Attached. Two single-family dwellings sharing a common wall area, each on its own individual lot.

b.

Detached. A single-family dwelling which is surrounded by open space or yards on all sides, is located on its own individual lot, and which is not attached to any other dwelling by any means.

(41)

Dwelling, two-family. A building which contains two dwelling units.

(42)

Dwelling unit. A room or group of rooms within a building and constituting a separate and independent housekeeping unit occupied or intended for occupancy by one family and containing cooking, sleeping and sanitary facilities. The term "dwelling unit" shall not include a manufactured home, recreational vehicle, or room or group of rooms within a hotel, motel, tourist home, boarding house, rooming house, fraternity or sorority house, or similar lodging facility.

(43)

Dwelling use. Any principal use containing dwelling units or lodging units which are not generally available for occupancy for periods of less than one week, as distinguished from units located within hotels, motels, tourist homes and similar facilities intended for transient occupancy. The term "dwelling use" shall also include a bed and breakfast establishment, group home, assisted care facility or nursing home.

(44)

Eating and drinking establishment. An establishment engaged in the preparation and selling of food to the customer in a ready-to-consume state, and where the customer consumes these foods on or off the premises, including restaurants, cafes, delicatessens, tearooms, coffee houses, ice cream parlors, refreshment stands, catering businesses or similar food and beverage service establishments. This use may also include the function of selling beer, wine, or other alcoholic beverages for consumption on the premises. Such establishment may provide, as an accessory function, live performances with musical instruments or recorded background music and a dance floor not to exceed ten percent of the assembly area of the establishment.

(45)

Educational facilities, business school or nonindustrial trade school. A specialized instructional establishment that provides on-site training of business, commercial, vocational, or trade skills such as accounting, data processing, computer repair, secretarial skills, barbering or hair dressing, or other trades of a nonindustrial nature, and not otherwise defined as a "college/university educational facility," "elementary/middle/secondary educational facility," or a "home occupation." Incidental instruction services in conjunction with another primary use shall not be considered a business or trade school.

(46)

Educational facilities, elementary/middle/secondary. A public, private, or parochial school offering instruction at the elementary (kindergarten through grade five), middle (grades six through eight), or secondary (grades nine through 12) school level in the branches of learning and study required to be taught in the public schools of the Commonwealth of Virginia.

(47)

Educational facilities, industrial trade school. A specialized instructional establishment for teaching industrial trade skills in which machinery is employed as a means of instruction. This definition shall not be deemed to include "college/university educational facility," "elementary/middle/secondary educational facility," "home occupation," or incidental instruction services provided in conjunction with another primary use.

(48)

Educational facilities, school for the arts. A school where classes in the various fine arts, including painting, sculpting, photography, music, dance, or dramatics are taught, and where such establishment is not otherwise defined as an "elementary/middle/secondary educational facility," "college/university educational facility," "artist studio," or "home occupation."

(49)

Entertainment establishment. An establishment where entertainment is provided, or has a dance floor which occupies more than ten percent of the assembly area of the establishment. Entertainment establishments include theaters, dance halls, auditoriums, club and lodge meeting facilities and assembly halls that are located within completely enclosed buildings, but do not include "indoor commercial recreational facilities" or "indoor commercial amusement" establishments.

(50)

Family. One or more persons related by blood, marriage or adoption, including foster children, or not more than five unrelated persons living together as a single housekeeping unit and occupying a single dwelling unit, except as otherwise provided herein. Domestic servants or employees residing on the premises shall be considered as part of a family. The term "family" shall not be construed to include a fraternity, sorority, club or a group of persons occupying a hotel, motel, tourist home, boarding house or institution of any kind, but shall include the occupants of a group home as defined in this article.

(51)

Family day care home. A single-family dwelling in which a facility as defined in Code of Virginia, § 63.1-195, is operated for the purpose of providing care for more than five but less than 13 children separated from their parents or guardians during a portion of the day, exclusive of the provider's own children and any children who reside in the home. The care of five or less children for portions of a day shall be considered a home occupation.

(52)

Farmer's market. See Community market.

(53)

Flea or vendor market. An occasional or periodic market or permanent establishment which conducts its operations in an open area or in buildings or structures, where groups of individual sellers offer a variety of goods for sale to the public from open, semi-open, or temporary stalls, tables, booths, or other spaces and where there are ordinarily leases of selling space between sellers and operators.

(54)

Flood. A general and temporary inundation of normally dry land areas. (See article IV, floodplain districts, for additional definitions pertaining to flood and floodplains.)

(55)

Floor area. The sum of the horizontal areas of all usable floors of a building as measured from the exterior faces of exterior walls and including all intervening walls, partitions, hallways, corridors, lobbies and stairways. In calculating the floor area of an attached building or the floor area of a use occupying a portion of a building, measurement shall be made to the centerlines of common or shared walls. Floor area shall not include unenclosed porches, balconies, carports, parking garages, or any basement or attic areas which are not improved and available for use and occupancy.

(56)

Floral shop. An establishment engaged in the assembling of live or dried floral arrangements and related storage of materials and finished products, and retail sales of such products.

(57)

Forestry. The use of land for raising and harvesting timber, pulpwood and other wood products for commercial purposes, including accessory operation of temporary sawmills and similar equipment for harvesting timber on the same or contiguous property.

(58)

Frontage. That portion of a lot abutting a street and being situated between the lot lines intersecting the street; also referred to as "street frontage" or "lot frontage."

(59)

Garden center. A retail establishment whose exclusive activity is the sale of plants, shrubs, and trees and the sale of any article, substance, or commodity related to such planting, maintenance, or harvesting such as packaged fertilizers, soils, chemicals, or other nursery goods or products in small quantities to the consumer. Such establishment may conduct its activities both within an enclosed building and outside in the open. The exterior display of vegetative inventory for sale shall not be considered "outdoor storage" or "outdoor display" for purposes of this appendix.

(60)

Gasoline service station or self-service gasoline station. Any establishment involving the dispensing of motor fuels and related products at retail and having pumps, underground storage tanks and other facilities for such activity, and which may include the retail sale or installation of minor automobile parts and accessories and the inspection, servicing or minor repair of motor vehicles in enclosed service bays or stalls. For purposes of this appendix, the definition of "gasoline service station" does not include "motor vehicle or trailer painting and body repair," servicing of recreational vehicles or watercraft, or the storage of wrecked vehicles. Such establishment may also provide the services of a convenience store.

(61)

Golf course. A tract of land for playing golf, improved with tees, greens, fairways, hazards, and which may include clubhouses and shelters. Included would be executive or par three golf courses. Specifically excluded would be independent driving ranges and any miniature golf course.

(62)

Greenhouse, commercial. A structure providing enclosure and protection for the raising of plants which are offered for sale at retail on the premises.

(63)

Group home. A residential facility in which not more than eight individuals who are aged, infirmed, disabled, mentally ill, mentally retarded, or otherwise developmentally disabled reside, with one or more resident counselors or other staff persons. For the purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401. The term "group home" shall include any other residential facility for which the Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services is the licensing authority under state law and shall for purposes of this appendix be considered residential occupancy by a single family.

(64)

Halfway house. An establishment providing accommodations, rehabilitation, counseling, and supervision to persons suffering from alcohol or drug addiction, to persons re-entering society after being released from a correctional facility or other institution, or to persons suffering from similar disorders.

(65)

Height. The vertical distance measured from the average of the lowest and highest elevations of the finished grades immediately adjacent to a building or structure to the highest point of a flat roof, mansard roof or parapet, or to the midpoint of a gable, hip or shed roof, or to the highest point of any structure having no roof.

(66)

Home occupation. An occupation, profession, enterprise or similar activity conducted within a dwelling unit which is the residence of the practitioner. In order to qualify as a home occupation, an activity as described herein must be clearly secondary to the principal dwelling use of the premises and must meet all of the following criteria, which are intended to distinguish such activity from other business uses and to ensure compatibility with nearby residential uses:

a.

No person other than a member of the family residing on the premises is employed on the premises in the conduct of the activity.

b.

The home occupation is limited to the main building only and does not occupy more than 25 percent of the floor area of the main building or more than 500 square feet, whichever is less.

c.

There are no signs that identify the home occupation use, and no displays or alterations to the exterior of the building that would distinguish it as being devoted to any non-dwelling use.

d.

There is no group instruction or assembly, no housing of persons for compensation, no repair of motor vehicles, and no product offered for sale on the premises.

e.

The type, volume and hours of traffic generated by the home occupation are not inconsistent with characteristics of traffic generated by other dwellings in the neighborhood.

f.

There is no equipment, process or activity conducted that generates any noise, vibration, odor, fumes, glare or electrical interference detectable to the normal senses beyond the premises.

(67)

Homestay. The accessory or secondary use of a residential dwelling unit or a portion thereof by a host to provide room or space that is intended for short-term transient rental purposes in exchange for a charge for the occupancy. The primary use of the homestay unit shall remain residential. For each booking transaction, all applicable taxes must be collected and remitted to the town as required by chapter 86 by either the host or the associated hosting platform. Such accessory or secondary use shall not create a landlord/tenant relationship.

(68)

Hospital. A facility, licensed by the state, in which the primary function is the provision of diagnosis, treatment and medical and nursing services, surgical or nonsurgical, for sick or injured persons, and which provides inpatient beds, and including ancillary facilities for outpatient and emergency care, training, research, administration and employee, patient and visitor services, but not including a facility exclusively or primarily for the care and treatment of psychiatric patients or persons suffering from substance abuse.

(69)

Hotel or motel. A building or group of buildings on the same lot containing lodging units for transient guests principally on a daily basis, for which housekeeping services are provided, and in which each lodging unit has a separate entrance through a common lobby, corridor or directly from the outside. The term "hotel or motel" is intended to apply to inns, lodges and similar facilities except when such conform to the definition of tourist home as set forth in this article.

(70)

Inoperable vehicle. Any motor vehicle on which valid license plates or a valid inspection decal is not displayed, or any motor vehicle which is wrecked, partially or totally dismantled or disassembled, such that it cannot be lawfully operated on a public street.

(71)

Junkyard. An outdoor area used for the depositing, keeping, storing, buying or selling of discarded materials no longer usable in their present form, including, but not necessarily limited to: Scrap metals, building materials, machinery, household appliances, plumbing supplies, furnishings, fixtures, or motor vehicles or parts thereof. The term "junkyard" includes an automobile graveyard as defined herein, but shall not include a garbage dump, tire dump, landfill as defined under the solid waste management regulations promulgated by the Virginia Waste Management Board, or any similar use.

(72)

Kennel, boarding. A place or establishment, other than a pound, animal shelter, or pet daycare facility, where companion animals not owned by the proprietor are sheltered, fed, and watered, for a period not exceeding 30 consecutive days, in exchange for a fee.

(73)

Laboratory. A facility for scientific laboratory research in technology-intensive fields or a facility for scientific laboratory analysis of natural resources, medical resources, and manufactured materials. Alternatively, a laboratory can be a place where chemicals or medicines are manufactured.

(74)

Livestock. Animals, other than dogs, cats and other household pets, which are kept or raised for use, profit or enjoyment, including cattle, horses, sheep, goats, swine, fowl, rabbits and similar animals as defined in chapter 10 of this Code.

(75)

Lodging unit. A room or group of rooms within a building, constituting living quarters for one or more persons, and not containing cooking facilities. A room or group of rooms within a hotel, motel or tourist home constituting living quarters for transient guests shall be considered a lodging unit even though it may contain partial or complete kitchen facilities.

(76)

Lot. A parcel of land occupied or intended for occupancy by buildings or uses permitted by the provisions of this appendix together with such area, yards and other open spaces as are required by this appendix. "Lot" includes the terms "tract," "parcel" and "property" and may consist of a single lot of record, a combination of contiguous lots of record, or a unit of land described by metes and bounds.

(77)

Lot, corner. A lot abutting upon two or more streets at their intersection, or a lot bounded entirely by streets.

(78)

Lot coverage. That portion of a lot, which when viewed from directly above, would be covered by any building or structure.

(79)

Lot, interior. A lot, other than a corner lot or through lot, which has frontage on only one street.

(80)

Lot line. Any boundary of a lot, including a boundary which constitutes a street line.

(81)

Lot of record. A lot which is part of a subdivision recorded in the office of the clerk of the circuit court, or a lot or parcel which is described by metes and bounds and is similarly recorded.

(82)

Lot, through. A lot other than a corner lot having frontage along more than one street.

(83)

Lot width. The minimum horizontal distance between the side lines of a lot measured between the points where the minimum required front yard line intersects the side lines of the lot. On a corner lot or through lot on which more than one front yard is required, the lot width shall be measured adjacent to the frontage with the least dimension.

(84)

Main building. A building in which is conducted the principal or main use of the property on which the building is located.

(85)

Manufactured home. Any structure complying with the Federal Manufactured Housing Construction and Safety Standards, which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on a site; is built on a permanent chassis; is designed to be used for dwelling purposes by one family, with or without a permanent foundation, when connected to the required utilities; and which includes the plumbing, heating, air conditioning, and electrical systems to be utilized in the structure. The term "manufactured home" includes the term "mobile home."

(86)

Manufactured home park. A lot or parcel on which are located, or which is arranged or equipped for the accommodation of, two or more manufactured homes with spaces for such available for rent or lease for periods of not less than one year, and including such open spaces and other facilities as may be provided for the use of or service to residents of manufactured homes located on such lot or parcel.

(87)

Massage clinic. An establishment where all active employees are massage therapists certified by the Virginia Board of Nursing, as evidenced by the holding and continual renewal of a license issued by the board, carries out measures prescribed by doctors, chiropractors, and other medical professionals.

(88)

Massage parlor. Any establishment having a fixed place of business where massages are administered or any establishment holding itself out through representations of its employees or agents or in any advertising medium as a place where massages are administered. This definition shall not be construed to include a hospital, nursing home, medical clinic or the office of a duly licensed physician, surgeon, physical therapist, chiropractor, osteopath, a massage therapist who is licensed by the Virginia Board of Nursing, or a barber shop or beauty salon in which massages are administered only to the scalp, face, the neck or the shoulders.

(89)

Motor vehicle. A vehicle meeting the definition of "motor vehicle" as defined in the Code of Virginia, § 46.2-100, as amended.

(90)

Motor vehicle sales and service establishment. Any establishment for the display and sales of new or used motor vehicles or trailers, including rental, servicing, major and minor mechanical repair, when conducted as accessory uses. Typical uses include oil and lubrication services, tire sales and installation, wheel alignment and brake shops, repair and replacement of cooling, electrical, fuel, and exhaust systems, replacement of batteries, and similar repair and services activities where minor repairs and routine maintenance are conducted; repair garages, transmission shops, major engine repair, and radiator shops where major engine and transmission repair activities are conducted; motor vehicle upholstery repair or replacement; and motor vehicle radio or stereo system installation or service. Commercial motor vehicles shall not be included in the inventory of a motor vehicle sales and/or rental establishment, except for trucks and trailers serving the purpose of household do-it-yourself movers of personal property; however, no more than 50 percent of the vehicle stock for an establishment shall be composed of commercial motor vehicles that meet this definition. For purposes of this appendix, the definition of "motor vehicle sales and service establishment" does not include "motor vehicle or trailer painting and body repair," the sale or servicing of recreational vehicles or watercraft, or the storage of wrecked vehicles.

(91)

Motor vehicle service center. An establishment for the servicing and minor repair of motor vehicles or trailers within enclosed service bays or stalls, and which may include the sale, installation and repair of tires, batteries, shocks, exhaust systems and similar minor automobile parts and accessories. For purposes of this appendix, the definition of "motor vehicle service center" does not include "motor vehicle or trailer painting and body repair," the servicing of recreational vehicles or watercraft, or the storage of wrecked vehicles.

(92)

Motor vehicle title lender. Establishment engaged in the business of lending money secured by a non-purchase interest in a motor vehicle.

(93)

Microbrewery. An establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer, with a capacity of not more than 315,000 gallons per year. A micro-brewery may include a restaurant or public tasting room as an accessory use.

(94)

Microdistillery. An establishment primarily engaged in distilling and blending potable liquors, including mixing them with other ingredients, with a capacity of not more than 5,000 gallons of finished product per year. A micro-distillery may include a restaurant or public tasting room as an accessory use.

(95)

Mini warehouse. A building or group of buildings intended to provide rental storage space within individual cubicles or compartments enclosed by walls and ceilings, each of which has a separate entrance for loading and unloading of stored goods, and from which no sale of goods or services is conducted.

(96)

Motor vehicle or trailer painting and body repair. Any facility, or portion thereof, used for the repair, replacement, or straightening of a motor vehicle body or frame or painting of motor vehicles. Mechanical service and engine repair may be performed as an ancillary function of the body work.

(97)

Nonconforming building. A building or structure having one or more nonconforming features.

(98)

Nonconforming feature. A feature of a use, as distinguished from the use itself, or a feature of a building, which feature was lawfully existing at the effective date of this appendix or subsequent amendment thereto, and does not conform with the requirements established by this appendix or an amendment thereto. Features of uses or buildings shall be construed to include density, lot area, lot dimensions, yards, open spaces, height, bulk, number of occupants, screening, landscaping, lighting, and off-street parking requirements. A building having any such nonconforming feature may be referred to as a nonconforming building.

(99)

Nonconforming use. A principal or accessory use of land or of a building or structure, which use was lawfully existing at the effective date of this appendix or subsequent amendment thereto and is not a permitted use under the provisions of this appendix or an amendment thereto.

(100)

Not-for-profit. An organization, association or activity which is not operated for purposes of earning a profit, and which has obtained nontaxable status from the United States Internal Revenue Service.

(101)

Nursing home. Any facility or any identifiable component of a facility in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more persons and which is licensed by the commonwealth as a nursing home.

(102)

Office. An establishment primarily engaged in providing professional, financial, administrative, management, clerical or other services not involving the manufacture, assembly or repair of goods, or the storage or direct transfer of goods to the customer on the premises, except as may be incidental to a service provided on the premises. If the establishment provides counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance because of mental illness, alcoholism, detention, or similar conditions, this shall only occur for part of a 24-hour day.

(103)

Off-street parking space. An area for the parking of one motor vehicle located other than within a public street or public alley right-of-way and having such dimensions and access as set forth in article VI of this appendix.

(104)

Outdoor display area. The placement of goods or merchandise for sale or for advertisement, outside of the building or structure in which the merchandise is normally sold. For purposes of this definition, motor vehicle inventory for sale or lease, motor vehicle rental inventory, operable motor vehicle and commercial motor vehicle fleets associated with a business establishment, and the vegetative inventory of a commercial greenhouse, garden center, or community market shall not be considered an "outdoor display area."

(105)

Outdoor storage. The keeping or storing, other than in a wholly enclosed building, of any goods, items, materials, or merchandise for more than 24 consecutive hours. "Outdoor storage" shall be permitted only as an accessory use where allowed by this appendix. For purposes of this definition, motor vehicle inventory for sale or lease, motor vehicle rental inventory, operable motor vehicle and commercial motor vehicle fleets associated with a business establishment, and the vegetative inventory of a commercial greenhouse, garden center, or community market shall not be considered "outdoor storage."

(106)

Outpatient mental health and substance abuse center. Establishments with medical staff providing outpatient services related to the diagnosis and treatment of alcohol, drug, or other substance abuse. These establishments may provide counseling and/or refer patients to more extensive treatment programs, if necessary. Included in this use type are outpatient alcohol treatment centers, outpatient detoxification centers, outpatient drug and substance abuse centers, which services include the dispensing and administering of controlled substances and pharmaceutical products by professional medical practitioners as licensed by the Commonwealth of Virginia.

(107)

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or a part of such building or land.

(108)

Owner-occupied unit. A dwelling unit or accessory unit that is the principal residence of at least one owner of record of the lot or parcel upon which the dwelling unit or accessory unit is located, who possesses at least an estate for life or a 50 percent fee simple ownership interest or is the trustor of a revocable living trust.

(109)

Parking area. A parcel of land or a portion thereof used for the parking of motor vehicles, including off-street parking spaces as defined herein, as well as the access aisles and maneuvering space directly serving such off-street parking spaces.

(110)

Parking garage. A structure or portion of a structure generally available to the public and used for the parking of transient motor vehicles either for compensation, whether by prior rental or lease agreement or on an hourly or daily basis. This use shall not include the parking or storage of recreational vehicles, watercraft, utility trailers, or recreational equipment trailers.

(111)

Parking lot. A parcel of land or portion thereof used for the parking of motor vehicles as a commercial enterprise for which compensation is charged, whether by prior rental or lease agreement or on an hourly or daily basis. This use shall not include the parking or storage of recreational vehicles, watercraft, utility trailers, or recreational equipment trailers.

(112)

Pawnbroker. Person or establishment that lends or advances money or other things on the pledge and possession of personal property or other valuable things, other than securities or written or printed evidence of indebtedness, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price.

(113)

Payday lender. Establishment, other than a bank, credit union, or savings and loan, engaged in the business of making short-maturity loans on the security of a check, any form of assignment of an interest in the account of an individual at a depository institution, or any form of assignment of income payable to an individual, other than loans based on income tax refunds.

(114)

Personal service business. An establishment or place of business providing a service directly to persons or involving the repair, alteration, maintenance, cleaning or customizing of personal property worn by or carried on a person, and including health spas, fitness centers, shoe repair shops, tailor and dressmaking shops, travel agencies, clothing rental stores, watch and jewelry repair shops, photographic studios, studios for music, dance or martial arts instruction, tattoo parlors, hobby and craft instruction, and similar uses.

(115)

Personal service home occupation. A home occupation that generally provides services to an individual client related to the care of a person, a person's apparel, or the training and development of a person, including, but not limited to, beauty or barber services, nail services, dressmakers or tailors, music or art lessons, photography or portrait painting, and tutoring, but not including medical services, massage clinics, tattoo parlors, any form of animal-related use, or body piercing establishments.

(116)

Pet daycare facility. A facility where companion animals may be groomed, trained, exercised, socialized, and/or boarded overnight. The short-term overnight boarding of companion animals shall be permitted as an accessory use and shall be clearly incidental to the principal operation of the pet daycare facility.

(117)

Precious metals dealer. Any person or establishment defined as a dealer in the section 74-30 of this Code that is not accessory to a jewelry or coin store.

(118)

Principal residence. A person's principal home and domicile. If a person maintains more than one residence, their principal residence, for the purpose of this appendix, shall be the residence where they live for more than half of the calendar year. However, if (1) the person owns another dwelling unit that is not licensed for long term rental; (2) the person's spouse or domestic partner has a different principal residence; (3) the person's driver's license, voter registration or any dependent's school registration shows a different residence address; or (4) the Roanoke County Assessor lists a mailing address different from the dwelling unit address, it shall be presumed that the dwelling unit in question is not a principal residence. Provided, however, no presumption shall apply in any criminal proceeding.

(119)

Principal street frontage. That frontage of a corner lot in a business district, which is situated along the street which carries the greater volume of pedestrian and vehicle traffic and generally functions as the primary orientation of businesses on properties contiguous to the lot.

(120)

Principal use. The main use of a lot, building or structure as distinguished from an accessory use.

(121)

Property. Any land which is identified by an official tax map number, any buildings or structures on the land, and including the area in the public right-of-way which is between the property line of the land and the curb or edge of pavement.

(122)

Public and civic uses. This category includes public, quasi-public, and private uses that provide unique services that are of benefit to the public as a whole.

(123)

Public sewer or public water system. A sewer or water system owned and operated by the town, or by such other unit of government, or authority or individual as may be authorized by the laws of the commonwealth, when such facility is approved by the council of the town.

(124)

Public utility, major. Services of a regional nature which normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community waste water treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission.

(125)

Public utility, minor. Services which are necessary to support development within the immediate vicinity and involve only minor structures. Including in this use type are distribution lines and small facilities that are underground or overhead, such as transformers, relay and booster devices, stormwater management facilities and well, water and sewer pump stations. Also included are all major utility services which were in existence prior to the adoption of this appendix.

(126)

Recreation, indoor. The provision of recreation facilities which are predominantly participatory uses, and which are located and conducted entirely within a building. Typical uses include bingo halls, tennis or other racquet courts, swimming pools, bowling alleys, ice skating or roller skating rinks, batting cages, climbing walls, or similar recreation uses. "Indoor commercial recreation" establishments may include accessory uses, such as snack bars, pro shops, and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use. "Indoor recreation" establishments shall not include any use which is otherwise specifically listed in the use tables in article IV of this appendix.

(127)

Recreation, outdoor. The provision of recreation facilities which are predominantly participatory uses, and which are conducted in open or partially enclosed or screened facilities. Typical uses include swimming pools, tennis or other outdoor racquet courts, basketball courts, athletic fields, skateboarding courses, or similar recreation uses. "Outdoor recreation" facilities may include any accessory uses, such as snack bars, pro shops and clubhouses, which are designed and intended primarily for the use of patrons of the principal recreational use. "Outdoor recreation" facilities shall not include paintball fields or areas, go-cart or motorcycle courses, raceways, drag strips, overnight camping, or gun-firing ranges, or any use which is otherwise specifically listed in the use tables in article IV of this appendix.

(128)

Recreational equipment trailers. Wheeled trailers used to transport items including, but not limited to, livestock, watercraft, ATVs, motorcycles, snowmobiles, etc.

(129)

Recreational vehicle. A vehicle built on a single chassis intended to be towed, self-propelled, or attached to the chassis of another vehicle, and designed or used for recreational, travel or sporting purposes or for temporary living quarters in conjunction with such purposes. "Recreational vehicle" shall include, but shall not be limited to, travel trailers, pickup campers, camping trailers, motor homes, and converted trucks and buses.

(130)

Recreational vehicle or boat sales and service. An establishment which engages in the sale of recreational vehicles and/or watercraft, the performance of any repair or maintenance work of such recreational vehicles and/or watercraft, and financial services conducted as an accessory use to the establishment. Included in this use type is the incidental storage of such recreational vehicles and/or watercraft.

(131)

Repair and service business. An establishment which rents, services, or repairs audio or video equipment, home appliances, furniture, personal recreational equipment, home, yard and garden equipment, tools, bicycles, locks, computers, office machines and similar household or business items, provided that no products shall be stored or displayed outside a completely enclosed building.

(132)

Research and development facility. An establishment which engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of communication systems, alternative energy sources, transportation, geographic information systems, multi-media and video technology. Development and construction of prototypes may be associated with this use. Excluded from this use are any facilities which mass produce one or more products directly for the consumer market.

(133)

Residential district. An R-LD, R-1, R-2 or R-3 district established by this appendix.

(134)

Retail store or shop. A building wherein the principal activity is the sale or rental of goods, merchandise, or products at retail to the general public, and where such merchandise is typically sold in small quantities and broken lots, and not in bulk. For purpose of illustration, "retail stores and shops" shall include: Drugstores; newsstands; food stores and supermarkets; candy shops; dry goods, notions and clothing stores; boutiques and gift shops; hardware, home furnishings and household appliance and electronics stores; antique shops; furniture stores; florist shops; opticians; shoe stores; jewelry stores; auto accessory stores; and music stores. Convenience stores and establishments for the sale in bulk of coal, wood, fuel, building materials and lumber, and establishments for the sale of vehicles, farm implements, boats, trailers, recreational vehicles, machinery and similar items shall not be considered retail stores and shops. The term "retail stores and shops" does not include any use involving the dispensing of motor fuels or any other use involving retail activity specifically listed as a permitted use in any district, unless such use is clearly included among the uses illustrated in this definition.

(135)

Retail store or shop, boutique. A small-scale (less than 2,500 square feet of floor space) retail use which offers for sale items of art or crafts, clothing, prepackaged food and beverages, gift bags, limited household supplies and hardware, or which offers for sale items related to a specific theme, e.g., kitchen wares, pet care, Amish products, etc. "Boutique retail stores or shops" shall not include fuel pumps or the selling of fuel for motor vehicles. "Boutique retail stores or shops" shall not include the selling of tobacco products, nicotine vapor products, alcoholic beverages, or lottery tickets or shares. "Boutique retail stores and shops" shall not include a use that offers the sale of antiques as its principal activity. An antique for the purposes of this appendix shall be a work of art, piece of furniture, decorative object, or the like, of or belonging to the past, at least 30 years old.

(136)

Retail store or shop, large format. Retail sales uses, including those uses classified more specifically by these use type classifications, located in any newly-constructed or enlarged building containing greater than 30,000 square feet of floor area devoted to retail and related accessory use, whether on a single lot or contiguous lots owned or operated as associated, integrated, or cooperative business enterprises.

(137)

Roof line. In the context of building or structure height, roofline means:

a.

For a flat roof, the highest point of the roof surface;

b.

For a mansard roof, the deck line; and

c.

For a gable, hip, or gambrel roof, the mean point between the eaves and ridge.

(138)

Rooming house. See boardinghouse or rooming house.

(139)

Satellite dish antenna. An accessory structure that allows the direct reception of communication of other signals from orbiting satellites or other sources, and which includes an antenna or dish antenna, a low noise amplifier and coaxial cable.

(140)

Setback. The distance a building, structure, feature or activity is separate from a lot line. Depending on the context, the term "setback" may refer to a front yard, side yard or rear yard.

(141)

Shopping center. A group of three or more retail stores or shops or other business establishments on a site of two acres or more planned, developed, owned and managed as a unit and related in its location, size and types of establishments to the trade area which it is intended to serve, and which is provided with off-street parking on the premises.

(142)

Sign. A presentation of letters, numbers, figures, pictures, emblems, insignia, lines of colors, or any combination thereof which can be viewed from a public right-of-way, private road or another property, and which is displayed for the purpose of information, direction or identification or to advertise or promote a business, service, activity, interest or product, or any otherwise lawful noncommercial message that does not attract attention to a business operated for profit or to a commodity or service offered for sale.

(143)

Special use. A use specified in this appendix as permitted in a particular district only upon approval of a special use permit by the town council in accordance with the provisions of article VIII of this appendix.

(144)

Sports complex. An indoor facility, with or without seating for spectators, and providing accommodations for individual, organized or franchised sports, including, but not limited to, basketball, ice hockey, wrestling, soccer, tennis, volleyball, racquetball or handball. Such facility may also provide other regular organized or franchised events, health and fitness club facilities, swimming pool, snack bar, restaurant, and retail sales of related sports, health or fitness items, and other support facilities.

(145)

Stable, private. The keeping, breeding or raising of horses or ponies exclusively for the personal use and enjoyment of the owner or occupant of the premises on which such facility is located. A facility otherwise meeting the definition of private stable may include the boarding of horses or ponies for persons other than the owner or occupant of the premises, provided other requirements applicable in the district in which the property is located are met.

(146)

Street. The right-of-way within which lies a public or private thoroughfare which affords or is intended for the purpose of affording the principal means of vehicular access to abutting property.

(147)

Street line. The right-of-way line of a street or the boundary line of a private street or access easement.

(148)

Structural alteration. Any change in the supporting members of a structure, including foundations, bearing walls, bearing partitions, columns, beams or girders, or any change in the supporting members of the roof of a structure or in the means of egress of a structure.

(149)

Structure. Anything which is constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground including, but not limited to, buildings, walls, fences, signs, manufactured homes and swimming pools.

(150)

Taxicab business. A service that offers transportation in passenger motor vehicles to persons in return for a fee determined by meter or zone. Such business may include facilities for servicing, repairing, and fueling the taxicabs.

(151)

Tourist home. A building containing not more than ten lodging units, with or without board, where lodging units are available for occupancy by transient guests on a daily basis, in which access to each lodging unit is provided from within the building, and which contains a dwelling unit which constitutes the residence of the owner or manager of the facility.

(152)

Townhouse. A building which contains one dwelling unit located on an individual lot of record and which is attached by means of party walls in a series of three or more buildings, each of which contains one dwelling unit and is located on a separate lot of record. A building meeting the terms of this definition may also be referred to as a single-family attached dwelling.

(153)

Truck or commercial vehicle. Any construction vehicle, tractor or trailer rigs, either as one unit or separately, and vehicles having more than two axles on the road, and similar motor vehicles or trailers not ordinarily used for personal transportation or designed for transportation of commodities, merchandise, produce, freight, animals, vehicles, or passengers, including the following types of vehicles: Trucks, tractor cabs, farm tractors, passenger buses, trailers, semi-trailers, limousines, tow trucks, dump trucks, roll back tow trucks, flatbed trucks, step vans or any vehicle designed or used for the transportation of a hazardous material. The term shall also include any construction equipment, cranes, well digging apparatus and other heavy equipment, except when such equipment is being used for construction activities at sites where active building permits are in force. Commercial motor vehicles shall not include any passenger cars, vans, trailers, or pickup trucks that are customarily used for non-commercial purposes.

(154)

Utility services, major. Services of a regional nature which normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community waste water treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission.

(155)

Utility services, minor. Services which are necessary to support development within the immediate vicinity and involve only minor structures. Including in this use type are distribution lines and small facilities that are underground or overhead, such as transformers, relay and booster devices, stormwater management facilities and well, water and sewer pump stations. Also included are all major utility services which were in existence prior to the adoption of this appendix.

(156)

Utility trailer. Wheeled trailers used for the transport of livestock, work tools and equipment, hobby equipment, landscaping supplies, or other non-recreational equipment.

(157)

Vehicle storage or impoundment lot. An area designed to temporarily store wrecked, inoperative, or impounded motor vehicles or trailers. Service and towing vehicles used for the operation of the establishment may also be stored on the property. This use does not include the dismantling, wrecking, repair, or sale of motor vehicles or trailers or their parts.

(158)

Warehouse. A building used primarily for the storage of goods and materials.

(159)

Warehousing and distribution. Uses including storage, warehousing and dispatching of goods within enclosed structures or outdoors. Typical uses include wholesale distributors, storage warehouses, and moving/storage firms.

(160)

Watercraft. A boat, ship or other water vehicle.

(161)

Yard. An open space on a lot, unoccupied and unobstructed by any structure or portion of a structure from the ground upward, except as otherwise provided in article VI of this appendix. (For projections and encroachments in yards and for yards on corner lots and through lots, see article VI of this appendix.)

a.

Yard, front. A yard extending the full width of a lot and being adjacent and parallel to the street frontage of the lot.

b.

Yard, rear. A yard adjacent and parallel to the rear lot line of a lot and extending the full width of the lot.

c.

Yard, side. A yard adjacent and parallel to the side lot line of a lot and extending from the required front yard to the required rear yard. On irregular shaped lots, any yard adjacent to a lot line to which the yard definitions of this article do not clearly apply shall be considered a side yard.

(162)

Zero lot-line home. The strict definition of a zero lot line home relates to the placement of the home on the building lot. In order for a small building lot to provide usable yard space, one side of the home is placed as close to the property line as possible. This placement typically allows marginal space between two homes on adjacent lots. Therefore, there are generally no windows on the sides of the homes closest to the property line. The zero lot line method of development has also been utilized for attached homes, which are commonly known as duplexes in which case the two homes share a common wall that is aligned with the center of the two adjoining lots.

(163)

Zoning administrator. The person designated by the town council to administer and enforce the provisions of this appendix.

(Ord. No. 1058, 7-16-2024)