Definitions of words and terms. As used in this chapter, the following words and terms shall have the meanings indicated:
ABATTOIR (POULTRY)A structure where poultry is slaughtered and prepared for distribution. The facility is designed to accommodate the confinement and slaughtering of live animals and may include packing, treating or storage of the product on the premises.
ACCESSORY DWELLING UNITA subordinate dwelling unit located on the same lot as a principal single-family dwelling that includes permanent provisions for living, sleeping, eating, cooking, and sanitation. The accessory dwelling unit shall comply with the supplementary regulations set forth in §
180-30.2 of this chapter.
ADULT BUSINESS(1) Any premises or part thereof 1) to which juveniles may not be lawfully admitted pursuant to Virginia Code § 18.2-391, as amended, and 2) whose principal use is the sale, exhibition, or display of books, magazines, newspapers, films, images, devices, performances, or other photographic or written reproductions thereof. For the purposes of this definition, "principal use" is 5% or more of the retail space of the premises.
(2) Notwithstanding any provision to the contrary, adult businesses are distinct from and mutually exclusive of all other uses. Any use falling within the definition of an adult business may not qualify as general retail, restaurant, convenience store, indoor theatre, or other use.
ADULT DAY-CARE FACILITYA facility offering care for only a limited number of hours each day, including meals, for aged, disabled or mentally impaired persons over the age of 18 years and which is licensed as such by the Commonwealth of Virginia.
AGRICULTURAL PRODUCTSAny livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops.
AGRICULTURE/AGRICULTURAL PURSUITSThe tilling of soil, gardening, the raising of crops, horticulture and forestry; raising and keeping of bees, livestock and fowl; the use of associated outbuildings, including tenant houses required for the farm operation; and the operation of roadside stands, and farm wineries as defined in §
180-46.5. Yard maintenance, landscaping, noncommercial gardening and other customary incidental accessory uses to a residence shall not be deemed as "agriculture."
AGRITOURISM ACTIVITYAny activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity.
AIRPORT, COMMERCIALAny area of land or water which is used or intended to be used by the public for the landing and takeoff of aircraft, and any appurtenant areas which are used or intended to be used for airport buildings or other airport facilities, rights-of-way or easements, together with all airport buildings and facilities located thereon.
AIRPORT, PRIVATEThe same as "commercial airport" except limited to use by an individual property owner, his family, employees and guests.
AMUSEMENT PARKA commercial enterprise consisting of rides, games and similar forms of amusement, but not including racetracks, hunting preserves, camps or vacation resorts.
APPLICATION (PETITION)A written request for a conditional use permit, an amendment to the regulations or district map, a variance to this chapter, a zoning permit, a sign permit or for any action by the Zoning Administrator, Planning Commission, Board of Zoning Appeals or Board of Supervisors which has been properly executed on forms supplied by the Zoning Administrator.
AUTOMOBILE FILLING STATIONA commercial enterprise, including buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories are sold at retail. Uses shall not include the storage of automobiles, operative or inoperative, major mechanical and body work, straightening of frames or body parts, steam cleaning, painting or welding or other activities not normally found in automobile filling stations.
AUTOMOBILE GRAVEYARDAny lot or group of contiguous lots under one ownership, exposed to the weather, where more than one inoperative motor vehicle of any kind is placed, located or found.
AWNINGA roof-like covering that is temporary or portable in nature and that projects from a wall of a building for the purpose of shielding a doorway or window from the elements.
BASE FLOOD/ONE-HUNDRED-YEAR FLOODA flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
BASEMENTAny area of the building having its floor subgrade (below ground level) on all sides.
BAY WINDOWA recess in a wall for a window, or a part of a building projecting out from an exterior wall.
BED-AND-BREAKFASTAn establishment operated for the purpose of providing overnight accommodations for no more than 20 transient guests staying no more than 14 days, with common rooms (living, dining, etc.) available for use by the guests, a complimentary breakfast included and the owner or manager living on the premises.
BICYCLE SHOPA retail or services establishment where bicycles and related bicycling equipment are sold, rented, or repaired.
BOARDThe Board of Supervisors of Warren County.
BOARDINGHOUSE; ROOMING HOUSEA building containing nine or fewer guest rooms and arranged or used for lodging, with or without meals, for compensation.
BREWPUBAn establishment that manufactures no more than 15,000 barrels of beer per calendar year and which is located on a farm growing hops, barley, other grains, or fruit used by the establishment for the production of beer. A facility shall be permitted of no more than 5,000 square feet of floor area for the production and packaging of beer for retail sale on and off premises and including the provision of full restaurant services. This use must comply with the supplemental regulations found in §
180-49.4 of this chapter.
BUILDINGAny structure having a roof supported by columns or walls.
BUILDING, ACCESSORYA subordinate structure which is separate from the main structure and located upon the same lot where the main structure is located or intended to be located. It shall have no kitchen facilities and shall not be used for living quarters nor used for dwelling purposes or occupied overnight.
BUS AND LIMOUSINE TERMINALA building, premises or facility for the operation of a bus and/or limousine business, which includes but is not limited to ticket sales, repairs and customer parking.
BZAThe Board of Zoning Appeals of Warren County.
CAMPGROUNDA plot of ground upon which five or more camping unit spaces are located, established or maintained, whether or not a fee is charged, for occupancy by a tent, major recreational vehicle, or components under the control of a major recreational vehicle. Combinations of tent and recreational vehicle camping units are permitted unless otherwise disallowed or limited in the conditional use permit. Campgrounds shall comply with the supplementary regulations in § 180- 41 of this chapter.
CAMPINGFive or more camping units used for living, sleeping or other occupancy on any lot or combination of lots under one ownership.
CAMPING UNITA tent or recreational vehicle used as temporary living quarters for recreational camping.
CAREGIVERAn adult who provides care for a mentally or physically impaired person. A caregiver shall be either related by blood, marriage or adoption to or the legally appointed guardian of the mentally or physically impaired person.
CEMETERYA place for the interment of deceased persons.
CHURCHA place where persons regularly assemble exclusively for worship. The term "church" includes the term "synagogue," "mosque," "monastery," or other terms for a house of worship, and shall include, where appropriate, real estate of not more than 250 acres, provided that such acreage is or is to be devoted exclusively to a church building, chapel, monastery, cemetery, offices used only for administrative purposes of the church, a Sunday school building, church manse, parsonage or rectory, playgrounds, recreation areas or parking lots for the convenience of those attending any of the foregoing.
CLUB OR LODGE, PRIVATEA building, premises or facility providing social, educational or recreational services for club members and their guests.
COMMERCIAL OUTDOOR RECREATION OPERATIONA private, fee-supported, outdoor activity using or not using tangible facilities, involving or not involving athletic training, mastered skills, innate or acquired talents, requiring or not requiring athletic or recreational supervision. An indoor recreation component may be included as an accessory use to the outdoor recreation operation, provided that the indoor activity is the same use as the outdoor activity and the indoor facility does not exceed a cumulative 10,000 square feet in size. This use shall meet the supplemental regulations in §
180-43.
COMMISSIONThe Planning Commission of Warren County.
COMMUNITY CENTERA nonprofit facility designed and/or used for the cultural, educational and/or recreational activities of the inhabitants of a given geographic area of Warren County.
CONVENIENCE STOREA commercial retail operation which offers for sale foods, household items, and other commercial goods. This may include, the sale of gasoline and other automotive products. The gross sales floor area open to the public shall not exceed 3,000 square feet. A convenience store shall not include diesel fuel pumps for servicing of class five or higher trucks.
CORNICEA horizontal molding projecting along the top of a wall or building.
COUNTRY GENERAL STOREA single store, in operation before July 1, 2008, the ground floor area of which is a maximum of 4,000 square feet and which offers groceries for sale along with a variety of other retail goods and general merchandise. Food preparation and on-site food consumption may occur as a secondary activity within the store, provided that there are no more than 15 seats, and further provided that the store complies with the supplementary regulations in §
180-43.2 of this chapter.
DAY- OR CHILD-CARE CENTER (NURSERY)Any facility operated for the purpose of providing care, protection and guidance to six or more children separated from their parents or guardian during a part of the day only. Exceptions to this definition are:
(1) A summer camp licensed under §§ 35.1-18 through 35.1-22, Code of Virginia.
(2) A public school or a private school unless it is determined that such private school is operating a child-care center outside of regular classes.
(3) Nursery school. A school designed to provide daytime instruction for six or more children from two to five years of age inclusive and operated on a regular basis.
(4) A facility which provides child-care on an hourly basis which is contracted for by a parent only occasionally.
(5) A school conducted by a religious institution or a facility operated by a religious organization where children are cared for or educated during short periods of time while religious services are being conducted.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
DISTILLERYAn establishment that manufactures no more than 36,000 gallons of alcoholic beverages other than beer or wine per calendar year and which is located on a farm growing agricultural products used by establishment for the production of alcoholic beverages other than beer or wine. This use must comply with the supplemental regulations found in §
180-44.1 of this chapter.
DISTRIBUTION FACILITYAn establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by rail, air or motor vehicle. This definition shall include facilities for the maintenance, cleaning and repair of motor vehicles, including tractors and trailers, owned or leased by the establishment, and for the parking of such motor vehicles used as an accessory of the industrial use of the property. All such facilities shall comply with the requirements of §
180-42 of the Warren County Zoning Ordinance in regards to commercial garages.
DWELLINGAny structure which is designed for use for residential purposes, except hotels, boardinghouses, lodging houses, short-term tourist rentals, motels, inns, recreation vehicle (RV), and mobile homes.
DWELLING, MANUFACTURED HOME (MOBILE HOME)A home used or originally intended to be used as a residence by a single family, containing one dwelling unit and not meeting the Building Code standards of a single-family dwelling. Categories of "manufactured home dwellings" are as follows:
(1) CLASS A, DESIGN RESTRICTEDA multisectional manufactured home constructed after July 1, 1976, that meets or exceeds the Manufactured Home Construction and Safety Standards promulgated by the United States Department of Housing and Urban Development (HUD), taxed as real estate and satisfying each of the following design criteria:
(a) The tow assembly and wheels are removed and the home is mounted on and anchored to a permanent foundation in accordance with the provisions of the Virginia Uniform Statewide Building Code.
(b) A minimum width of 23 feet.
(c) Covered with an exterior material customarily used on a site-built dwelling such as, but not limited to, lap siding, brick, stone or stucco.
(d) A two-and-five-tenths-inch in twelve-inch minimum pitch roof covered with standard roofing materials such as, but not limited to, fiberglass shingles, asphalt shingles or wood shakes.
(2) CLASS B, CONVENTIONALA traditional single or multisectional manufactured home constructed after July 1, 1976, that meets or exceeds the Manufactured Home Construction and Safety Standards promulgated by the United States Department of Housing and Urban Development but does not meet all of the criteria of a Class A design-restricted manufactured home.
(3) CLASS C, CONVENTIONALA manufactured home constructed before July 1, 1976, and not meeting the criteria of a Class A or B manufactured home.
DWELLING, MULTIFAMILYA building containing three or more dwelling units, including an apartment house, with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, PORTABLEA manufactured home not mounted on or anchored to a permanent foundation.
DWELLING, SINGLE-FAMILYA building containing one dwelling unit and meeting the standards of the Virginia Uniform Statewide Building Code for a one-family dwelling but not to include "manufactured homes" as defined in this chapter.
DWELLING, TEMPORARYAny type of dwelling occupied on a temporary basis in lieu of a permanent dwelling being constructed.
DWELLING, TWO-FAMILYA residential building containing not more than two dwelling units arranged one above the other or side by side and designed for occupancy by not more than two families.
DWELLING UNITA single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EAVEThe projected lower edge of a roof overhanging a wall of a building.
EXTENDED-STAY HOTELAny group of dwelling units, combined or separated, used for the purpose of housing transient guests for compensation, the use or occupancy of which is in fixed increments of time, no longer than three months. The term excludes sorority houses, school or college dormitories, bed-and-breakfast facilities, and lodging units.
EXTRACTION OF NATURAL RESOURCESThe process by which coal, petroleum, natural gas, soil, sand, gravel, ore or other minerals are removed from any open pit, borings or any other underground workings and produced for sale, exchange or commercial use or otherwise removed from the site; and all shafts, slopes, drifts or inclines leading thereto, and including all buildings, structures and equipment above and below the surface of the ground used in connection with such process. The extraction of natural resources shall not include exploratory activities designed to determine the presence of coal, petroleum, natural gas, soil, sand, gravel, ore or other minerals, including but not limited to excavation, drilling or boring of wells for the purpose of obtaining water nor the removal of soil and other related material as necessary to establish another permitted use upon the same site.
FAIRGROUNDA parcel or tract of land where fairs, festivals, circuses, carnivals, exhibitions, concerts, rodeos, indoor and outdoor flea markets, auctions, and other private and community events are held. Equipment staging, camping, tents, recreational vehicles, agricultural or equestrian-related activities, mobile food establishments, games, rides, motor sports and other related recreational or entertainment activities are permitted as accessory uses in conjunction with an event unless otherwise restricted by conditional use permit. Such activities and events are subject to the festival permit requirements set forth in Chapter
63 of the Warren County Code.
FAMILYAn individual or group of individuals related by blood, marriage, adoption or guardianship. For the purpose of this chapter, the definition of "family" shall include four or fewer unrelated persons living together as a single housekeeping unit.
FAMILY DAY HOMEA child day program offered in the residence of the provider or the home of any of the children in care for five through 12 children under the age of 13, exclusive of the provider’s own children who reside in the home, when at least one child receives care for compensation. The provider of a licensed or voluntarily registered family day home shall disclose to the parents or guardians of children in their care the percentage of time per week that persons other than the provider will care for the children. However, no family day home shall care for more than four children under the age of two, including the provider’s own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered. A family day home where the children are all related to the provider whether biological, by-marriage or through adoption shall not be required to be licensed.
FARM or RANCHOne or more areas of land used for the production, cultivation, growing, harvesting or processing of agricultural products.
FARM WINERYAn establishment, licensed as a farm winery under Virginia Code § 4.1-207 and either i) located on a farm with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling the wine on the premises where the owner or lessee manufactures wine that contains not more than 21% alcohol by volume; or ii) located in the commonwealth with a producing vineyard, orchard, or similar growing area or agreements for purchasing grapes or other fruits from agricultural growers within the commonwealth and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 21% alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall include a cooperative formed by an association of individuals for the purpose of manufacturing wine. In the event such cooperative is licensed as a farm winery, the term "farm" as used in this definition includes all of the land owned or leased by the individual members of the cooperative as long as such land is located in the commonwealth. A farm winery license shall be designated as a Class A or Class B farm winery in accordance with the limitations set forth in § 4.1-219 of the Virginia Code.
FIREWOOD PROCESSING OPERATIONA facility where trees or logs are stored, cut and split into firewood and where the firewood is sold. This definition shall not include the processing of firewood of trees on the lot or parcel that they were grown.
FOOTCANDLEThe unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
FORESTRY/FORESTRY OPERATIONSThe use of land for the raising and harvesting of timber, pulpwood and other forestry products for commercial purposes. Excluded from this definition shall be the cutting of timber associated with and necessary for land development approved by the County, which shall be considered accessory to the development of the property.
FRONTAGEThe distance along which a parcel abuts an adjacent road or street.
FULLY SHIELDED FIXTUREAn outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest part of the fixture.
FUNERAL PARLORAn establishment used for human funeral services which may or may not include facilities on the premises for embalming, cremation and the performance of autopsies or other surgical procedures.
GABLEThe triangular wall enclosed by the sloping ends of a roof. Often used as a decorative feature over a door or window.
GARAGE, COMMERCIAL (REPAIR)Buildings and premises where sales may be made and services may be provided for major mechanical and body work, straightening of frames and body parts, steam cleaning, painting and welding and/or upholstering and replacement of glass. Permissible uses do not include salvage operations nor the storage of inoperative motor vehicles.
GLARELight that causes annoyance, discomfort or loss in visual performance and ability.
GOLF COURSEAn area designed and utilized for playing the standard game of golf, including clubhouse and maintenance facilities.
GUNSMITHING SERVICESA commercial enterprise, activity, or profession where a gunsmith performs repairs, renovations, safety inspections, modifications alterations for special uses, and appraisals of firearms. The sale of firearms is permitted with proper local, state and federal licensing and regulations. Gunsmithing services shall not be deemed as a home occupation or home enterprise.
HOME ENTERPRISEA small-scale business conducted entirely inside an accessory structure engaged in providing services and products to the general public. Such operations are clearly incidental and subordinate to the principal residential use permitted on the parcel.
HOME OCCUPATIONAny enterprise, activity or profession conducted in a dwelling unit by one or more residents thereof which is secondary to the use of the premises as a dwelling. See §
180-17 for limitations.
HOSPITALAny facility licensed pursuant to Article 1, § 32.1-123, of the Code of Virginia Health Laws in which the primary function is the provision of diagnosis, of treatment and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals, including facilities known by varying nomenclature or designation such as sanatoriums, sanitariums and general, acute, rehabilitation, chronic disease, short-term, long-term, outpatient surgical and inpatient or outpatient maternity facilities.
HOTEL (MOTEL)Any group of lodging units, combined or separated, used for the purpose of housing transient guests for compensation. Each lodging unit shall provide sleeping, toilet and bath facilities. The term excludes fraternity or sorority houses, school or college dormitories, tourist homes, bed-and-breakfast facilities or apartment hotels.
JUNKYARDAny land or building used for the collection, packaging and/or storage of paper, rags, scrap metals, other scrap or discarded materials; or for the demolition, dismantling, storage or salvaging of inoperative vehicles, machinery, appliances or parts thereof.
KENNEL, BOARDINGAny commercial kennel available to the general public where the operator takes control of an animal(s) from the animal owner; and, where the animal(s) may be provided individual confinement accommodations, fed, exercised and/or provided general care on a short-term basis, usually by the day, week or a specified length of time not to exceed 30 days for compensation, trade, barter or other commercial gain. Further, boarding kennels shall comply with the supplementary regulations in §
180-48.3 of this chapter.
KENNEL, COMMERCIALAny place equipped and/or used to house, board, breed, handle, train, show, groom, or otherwise care for dogs in exchange for any form of compensation, trade, barter or other commercial gain. The animal(s) may be provided individual confinement accommodations. Further, commercial kennels shall comply with the supplementary regulations in §
180-48.2 of this chapter.
KENNEL, NONCOMMERCIALAny place equipped and/or used to house or otherwise care for five or more dogs that are kept for personal use or enjoyment and which does not meet the definition of "commercial kennel" or "boarding kennel." Further, noncommercial kennels shall comply with the supplementary regulations in §
180-48.1 of this chapter.
LANDFILLA facility licensed by the Commonwealth of Virginia for the disposal of solid waste which shall not involve incineration or handling of any type of radioactive or hazardous materials.
LANDSCAPING AND HORTICULTURAL SERVICESCommercial operations, whether open or closed to the public, that include but are not limited to: landscape design and architecture; soil preparation and grading; irrigation systems; tree, shrub and lawn planting; hardscape construction including retaining walls, pathways and patios; lawn care and landscape maintenance; arborist services including tree trimming and line clearance.
LIGHT ASSEMBLY/FABRICATIONThe assembling from standardized parts of a distinct object differing from the individual components. Such activities involve materials with form and substance, as opposed to liquid or gas, with a physical, as opposed to chemical, mating or joining of individual parts. Such facilities are not to exceed 5,000 square feet.
LIVESTOCKAnimals raised for use, profit or enjoyment, including horses, ponies, buffalo, cattle, sheep, goats and other similar domesticated animals related to agricultural pursuits.
LOADING SPACE (VEHICULAR)Any off-street space, not less than 15 feet wide, 25 feet long and 14 feet high, available for the loading or unloading of goods and having direct, vehicular access to a street or alley. Where one such loading space has been provided, any additional loading space lying alongside, contiguous to and not separated from such first loading space need not be wider than 12 feet.
LODGING UNITA permanent structure used for temporary living quarters that is rented in exchange for compensation.
LOTThe basic development unit: an area with fixed boundaries, used or intended to be used by one building and any accessory building(s) and usually not divided by a highway, street or alley.
LOT, CORNERA lot having direct access with two intersecting public or approved private roads.
LOT, INTERIORA lot having direct access with only one public or approved private road bordering one side of the lot.
LOT, THROUGHA lot having direct access with two public or approved private roads which do not intersect along the lot boundaries and are located at opposite ends of the lot.
LOT, THROUGH-CORNERA lot having direct access with three or more public or approved private roads.
LOWEST FLOORThe lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the application nonelevation design requirements of this chapter.
MAJOR RECREATION EQUIPMENTTravel trailers, campers, pickup campers, motorized dwellings, tent trailers, boats and boat trailers, jet-skis, pontoon boats, houseboats and the like, and the trailers, cases or boxes used for transporting such recreational equipment whether occupied by such equipment or not. Tents are not defined as major recreational equipment.
MAJOR RECREATIONAL EQUIPMENT, INOPERATIVEAny piece of equipment which is not in operating condition; or which for a period of 60 days or longer has been partially or totally disassembled by the removal of essential parts required for operation; or on which there are displayed neither valid license plates nor a valid inspection decal.
MARQUEEA permanent structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building wall.
MENTALLY OR PHYSICALLY IMPAIRED PERSONA resident of Virginia who requires assistance with two or more activities of daily living as defined in the Virginia Code § 63.2-2200, as certified in writing by a physician licensed by the commonwealth.
MICROBREWERYAn establishment that manufactures no more than 15,000 barrels of beer per calendar year and which is located on a farm growing hops, barley, other grains, or fruit used by the establishment for the production of beer. A facility shall be permitted of no more than 3,000 square feet of floor area for the production and packaging of beer for retail sale on and off premises. This use must comply with the supplemental regulations found in §
180-49.3 of this chapter.
MOBILE FOOD ESTABLISHMENTA readily movable motorized vehicle or towed vehicle designed and equipped for the preparation, service and/or sale of food. The units are considered to be portable and temporary by definition and not permanent fixtures to a specific property. This is a general term which includes mobile food units such as food trucks, pushcarts, concession trailers and any other mobile unit that would be considered as providing mobile food vending services.
MOBILE HOME/MANUFACTURED HOMEA structure subject to federal regulation, 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 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 facilities; and includes the plumbing, heating, air-conditioning and electrical systems contained in the structure.
MOBILE HOME PARKPremises where three or more mobile homes are parked for living or sleeping purposes or where spaces or lots are set aside or offered for sale or rent for mobile homes for living or sleeping purposes, including any land, building, structure or facility used by occupants of mobile homes on such premises.
MODULAR HOMEA dwelling unit constructed on site in accordance with the Virginia Uniform Statewide Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.
NEW CONSTRUCTIONFor floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of the Warren County floodplain management regulations and includes any subsequent improvements to such structures.
NURSING HOMEA facility or facilities licensed pursuant to Article 1, § 32.1-123, of the Code of Virginia Health Laws devoted primarily for the treatment and care of person(s) suffering from illnesses, diseases, deformities or injuries not requiring extensive and/or intensive care normally provided in a hospital or other specialized institution.
OCCUPANCY or OCCUPYA lot or parcel on which is located a structure, which structure is either not used in furtherance of a bona fide agricultural pursuit in an agriculturally zoned area nor for which there has been issued a valid building permit for a storage or warehousing use, on which such lot or parcel or in which such structure there is human habitation or sleeping or there is personal property other than equipment and materials directly used in connection with the construction of such structure.
OFF-STREET PARKING AREASpaces provided for vehicular parking outside the dedicated street right-of-way and consisting of the required space for each vehicle plus such space as is necessary to drive safely into and out of each parking space.
OPEN SPACEThat area located within the boundaries of a development, designed and permanently set aside for use by all residents of the development, and not dedicated as public lands. The location of open spaces shall be planned as a contiguous area located for maximum benefit of the residents, preserving and where possible enhancing natural features. Open spaces shall not include road rights-of-way or utility strips.
OUTDOOR LIGHTING FIXTUREAn electrically powered illuminating device or other outdoor lighting fixture, including all parts used to distribute the light and/or protect the lamp, permanently installed or portable, used for illumination. Such devices shall include, but are not limited to, search, spot flood and area lighting.
OWNER/OWNERSHIPThe owner or owners of the freehold or premises or lesser estate therein, a mortgagee, or vendee in possession, assignee of rents, receiver, executor, trustee in control, the lessee, or other person or corporation controlling the property.
PARCEL OF RECORD DATEIncludes the boundaries of the parcel as they existed on the record date. For subdivision purposes, the number of parcels that may be created from a parcel of record shall be determined on the boundaries of the parent parcel as of this date.
PORCHA roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building.
PORTABLE STORAGE CONTAINERA fully enclosed, box-like container that is designed for temporary storage. Such containers are uniquely designed for ease of loading to and from a transport vehicle.
PRIVATE USE CAMPINGNo more than two major recreational vehicles used for living, sleeping or other occupancy on any lot or combination of lots under one ownership, provided that such use is limited to the owner, family members or guests, and no fee is charged for camping.
PUBLIC UTILITY DISTRIBUTION FACILITIESTelephone lines, cable lines, fiber optic lines, electrical lines carrying electrical current not in excess of the Medium Voltage Class as defined by American National Standards Institute (ANSI) C84.1, as amended, poles supporting such lines, transformers, pipes, meters, and other similar facilities, and facilities ancillary thereto, necessary for the distribution of public utility services to the residents of Warren County, shall be permitted in all districts. This definition shall not be construed to include power generation or energy storage unless such uses are incidental.
RAMPA sloping walkway used to join and provide a smooth transition between two levels of different elevations. Often the maximum pitch of a handicapped ramp is 8.33%.
RECESSED CANOPY FIXTUREAn outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.
RECREATION VEHICLE (RV)A travel trailer, motor home, pickup camper, tent trailer or similar device used for temporary portable housing which is:
(1) Built on a single chassis;
(2) Not a mobile home/manufactured home as defined in this chapter;
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.
RESIDENTIAL FACILITY(1) Any group home or other residential facility in which no more than eight individuals with mental illness, intellectual disability, or developmental disabilities reside with one or more resident or nonresident staff persons and for which the Department of Behavioral Health and Developmental Services is the licensing authority; or
(2) Any assisted living facility or residential facility in which no more than eight aged, infirm or disabled persons reside with one or more resident counselors or other staff persons and for which the Department of Social Services is the licensing authority.
REST HOME OR CONVALESCENT HOMEA facility containing beds for three or more adult patients providing domiciliary care for the aged, chronically ill or convalescent patients, but not including facilities for the care of mental, epileptic or alcoholic patients or drug addicts.
RETREAT CENTERA facility designed to provide refuge, seclusion and privacy for the purpose of rest, meditation, holistic wellness and/or religious exercises. The facility may conduct training, seminars, workshops and customized programs in both indoor and outdoor settings.
ROOFThe outside top covering of a building.
ROOF, GABLEA ridged roof forming a gable at both ends of the building.
ROOF, GAMBRELA roof with two slopes on each side, the lower steeper than the upper.
ROOF, MANSARDA roof with two slopes on each of four sides, the lower steeper than the upper.
RURAL EVENTS FACILITYA facility, located on a parcel of land 20 acres or larger in size, utilized for events for which attendance is permitted by invitation or reservation. Facilities may host usual and customary activities, including, but not limited to, private parties, business meetings, educational seminars, wedding receptions, wedding ceremonies, class/family reunions, showers (i.e., baby, bridal), similar events and activities for nonprofit organizations, and similar events and activities as determined by the Zoning Administrator. Lodging units for event guests are permitted as an accessory use to the rural events facility unless otherwise disallowed or limited in the conditional use permit, and shall comply with the supplementary regulations in §
180-55.2 of this chapter.
RURAL RESORT CENTERA facility, located on a parcel of land 15 acres or greater in size, utilized for hospitality and recreational purposes, including temporary lodging, meals, entertainment and recreational activities such as picnicking, boating, fishing, swimming, hiking, playgrounds, indoor games, outdoor games and other sports and activities. The facility and lodging unit accommodations shall comply with the supplementary regulations set forth in §
180-55.4 of this chapter.
SAWMILL, NONCOMMERCIALA portable sawmill located on private property, used for the sawing or processing of standing trees or their wood or timber harvested only from that parcel or only from parcels contiguous thereto under the same ownership.
SCHOOLAn institution giving regular instruction in general or special education at least five days a week for a normal school year of at least seven months; or instruction in special subjects and/or skills on a schedule which may be short-term, irregular or variable. The term "school" does not include day-care, child-care or nursery facilities.
SCHOOL, PRIVATEA school owned and operated by an individual, partnership, corporation or religious institution.
SCHOOL, PUBLICA school operated by a body or agency of federal, state or local government.
SCREENINGLandscaping that consists of solid walls or fences or evergreen trees that provide an equivalent visual barrier with a minimum height of five feet.
SHEDAn accessory building that is either portable or requires a permanent location on the ground.
SHOPPING CENTERA group of five or more commercial retail establishments planned, constructed and managed as a total entity. It shall provide customer and employee parking on site, include provisions for goods delivery separated from customer access and provide protection from the elements. Construction shall be uniform in nature and similar in appearance. The minimum area required for a shopping center shall be five acres.
SHORT-TERM TOURIST RENTALA single-family dwelling not attached to any other dwelling by any means and located on an individual lot that is rented for compensation for periods of less than 30 days. See §
180-56.4 for supplementary regulations pertaining to short-term tourist rentals.
SMALL DISTRIBUTION CENTERAn establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by rail, air or motor vehicle. Such facilities are not to exceed 5,000 square feet.
START OF CONSTRUCTIONIncludes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STOOPA small porch or platform with steps leading to an entrance into a building.
STRUCTUREAnything constructed or erected requiring a permanent location on the ground or the attachment to something having a permanent location on the ground. The definition includes portable sheds.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 45% of the assessed value of the structure before the damage occurred. This term does not, however, include either:
(2) Sewer/septic system, well or landscape values.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 45% of the assessed value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(2) any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
TECHNOLOGY BUSINESSA business consisting of one or more than one in combination of the following
(1) Electronic information operations and providers. Businesses that assist other businesses to better manage their paper documents by putting them in an electronic database that can easily be viewed by a larger group of people.
(2) Internet service providers. Businesses that provide Internet service to businesses or residents.
(3) Software design and development. Businesses that design software or businesses that develop the design of specific software.
(4) Computer and peripheral sales and assembly. Businesses that assemble computers or sell the hardware associated with computers.
(5) Content developers. Businesses that design and build computer systems.
(6) Internet-based sales and services. Businesses whose primary trade is based on the Internet, be it a sales or service provider.
(7) Hardware design, manufacture, assembly and development. Businesses that manufacture, assemble or develop hardware design for computers.
(8) Telecommunications-based video service providers. Businesses that use video-conferencing or cable connections for employees to telecommute.
(9) Outbound or inbound call centers. Businesses that either market their product through phone calls or businesses that answer consumer questions.
(10) Telecommunications equipment manufacturing, assembly and service. Businesses that build, put together or service telecommunications equipment.
TENTA portable shelter used as temporary living quarters for recreational camping.
TRAVEL TRAILER (RECREATION VEHICLE)A portable vehicular structure built on a chassis; designed to be used for temporary occupancy for travel, recreation or vacation use; being of any length, provided that its gross weight does not exceed 4,500 pounds or being of any weight, provided that its overall length does not exceed 40 feet.
TRUCKAny motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. Trucks further shall be classified as follows:
(1) Class one. Seven thousand five hundred pounds gross vehicle weight and less. Includes minivan, utility van, multipurpose vehicles, mini-pick-up, full size pick-up; and crew compartment pick-ups, minibuses and step vans under 7,500 pounds gross vehicle weight.
(2) Class two. Seven thousand five hundred one pounds to 10,000 pounds gross vehicle weight. Includes minivan, utility van, multipurpose vehicles, mini-pick-up, full size pick-up, crew compartment pick-up, minibus and step van.
(3) Class three. Ten thousand one pounds to 14,000 pounds gross vehicle weight. Includes mini-bus, walk-in and city delivery truck.
(4) Class four. Fourteen thousand one pounds to 16,000 pounds gross vehicle weight. Includes conventional van, large walk-in, city delivery, landscaping/utility.
(5) Class five. Sixteen thousand one pounds to 19,500 pounds gross vehicle weight. Includes bucket, large walk-in, city delivery, landscaping/utility.
(6) Class Six. Nineteen thousand five hundred one pounds to 26,000 pounds gross vehicle weight. Includes rack, single axle van, beverage, school bus, stake body.
(7) Class seven. Twenty-six thousand one pounds to 33,000 pounds gross vehicle weight. Includes home fuel, refuse, tow, city transit bus, furniture, medium conventional, high profile COE.
(8) Class eight. Includes all trucks in excess of 33,000 pounds gross vehicle weight.
TRUCK STOPA facility open to the public that has five or more diesel fuel pumps along with provisions for parking and/or servicing of five or more tractor trailers.
TURBINEThe parts of the wind energy system including the blades, generator and tail.
VEHICLE, INOPERATIVEAny motor vehicle which is not in operating condition; or which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal.
WATER AND SEWER SYSTEM, PRIVATEA water or sewer system owned and operated by an entity other than a County or municipality, which is designed to serve 15 or more connections and which has been approved for operation by the Virginia Department of Health.
WATER AND SEWER SYSTEM, PUBLICA water or sewer system owned and operated by a municipality or County which complies with standards of the Virginia Department of Health.
WAYSIDE STANDA temporary structure and/or the use of land for the display and sale of agricultural products with no space for customers within the structure itself.
WIND ENERGY SYSTEM, PRIVATE USEA wind energy conversion system consisting of not more than one wind turbine, tower and associated control or conversion electronics per parcel, which has a rated capacity of not more than 100 kW and which is intended to primarily reduce on-site consumption of utility power. Sale of excess electricity back onto the electric grid is permitted.
YARDThe open space surrounding a structure but unoccupied and unobstructed by any structure or portion of a structure, except as provided in §
180-12.
ZONING ADMINISTRATORThe official charged with the enforcement of this chapter who is by formal resolution designated to the position by the Board of Supervisors.
ZONING PERMITA permit issued by the Zoning Administrator which certifies that a building or use of property is in compliance with the regulations of the zoning district in which the building or use is located.