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

Abattoir means a commercial slaughterhouse.

Abortion clinic means a facility, other than a hospital, where any person administers to, or causes to be taken by a woman, any drug, medicine, or any other substance other than contraceptive methods that are approved by the U.S. Food and Drug Administration, or use any instrument, device, or means, with intent to knowingly destroy the life of an embryo or fetus in his or her mother's womb.

Abut and adjoin mean a condition whereby two separate lots or parcels of record share a common boundary line, such as a property line or zoning district boundary line. Unless otherwise stated in this chapter, the separation of lots or parcels of record by a public or private street right-of-way shall not cause such lots or parcels of records to be abutting or adjoining. The terms may be used interchangeably.

Accessory use or structure means a subordinate use or structure customarily incidental to and located upon the same lot occupied by the main use or building.

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

Administrator means the zoning administrator of the county who is charged with the enforcement of this chapter. The administrator may be any appointed or elected official who is by formal resolution designated to the position by the board of supervisors. The administrator may serve with or without compensation as determined by the board of supervisors. In the absence of such formal resolution, the administrator shall be the county administrator.

Agriculture means the tilling of the soil, the raising of crops, horticulture, forestry and gardening, including the keeping of animals and fowl, and including any agricultural industry or business, such as fruit packing plants, dairies or similar use.

Agricultural operation means any operation devoted to the bona fide production of agricultural products, including without limitation crops, or animals, or fowl including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silviculture activity. It shall also include the housing of livestock, as defined in Code of Virginia, § 3.2-6500. Agricultural operation shall include production and harvesting of agricultural products and shall include the manufacturing of wine, beer, and alcoholic beverages other than wine or beer in accordance with Virginia laws governing licensed farm wineries, breweries, and limited distilleries.

Agricultural products means any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops and the products manufactured therefrom.

Agritourism and agritourism activity means 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, without limitation, farming, wineries, ranching, horseback riding, historical, cultural, harvest-your-own activities, or natural activities and attractions, regardless of whether the agritourism participant paid to participate in the activity.

Agritourism event means a planned public, private, or business gathering occasioned by special circumstances offered as a function of a commercial enterprise that is not a regularly occurring agricultural or agritourism activity, such as a music event, student event, agricultural festival, livestock show, wedding, conference, or other publicly advertised or invitation-only circumstance that will occur on the agritourism-eligible parcel on a specific day or series of days during a particular interval of time, typically organized weeks or months ahead of time.

Agritourism event, large means an agritourism event for which 200 or more people may be anticipated to be in attendance at any one time and any agritourism event that will include outdoor amplified sound for music, announcements, or other purposes. Amplified sound that originates within a structure with open doors and/or windows is considered outdoor amplified sound.

Agritourism event, small means an agritourism event for which less than 200 people are anticipated to be in attendance at any one time.

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

Animal-assisted therapy means a goal-directed, planned and structured therapeutic clinical intervention facilitated or provided by a credentialed mental health, recreation, occupational, physical, speech-language or other therapist(s) that incorporates the use of an animal or animal(s) into the treatment regimen of a patient. When a special exception permit is required, the application for such permit shall designate the responsible credentialed therapist and shall include a plan for animal waste management; a site plan that includes all outdoor components including, without limitation, facilities for containment and shelter for the animal(s), water facilities for the animal(s), animal waste storage area, riding arena(s), corrals, pens, animal transportation vehicular parking and access, lighting, setbacks from waterways; and such other facilities as may be required by the administrator. Outdoor areas in which animals may be located including where animal-assisted therapy will occur shall be fully fenced in a manner to prevent the animal(s) from exiting the parcel on which the activity is permitted. For purposes of zoning regulation by this chapter, facilities for which animal-assisted interventions occur entirely within the office building of the credentialed therapist and do not include any outdoor animal activity areas or containment areas such as kennel, stable, pen, or corral for which any portion opens outside the walls of the office or any other outdoor components shall be exempt from special exception permit requirements and shall instead be permitted as an accessory use to the primary permitted use.

Antenna means any apparatus designed for telephonic, data, radio, or television communications through the sending and/or receiving of electromagnetic waves.

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

Auditorium means an open, partially enclosed, or fully enclosed facility used or intended to be used primarily for spectator sports, entertainment events, expositions, and other public gatherings. Typical uses include convention and exhibition halls, sports arenas, and amphitheaters.

Automobile means a type or class of motor vehicle primarily used for private passenger transportation, including subcompact, compact, mid- and full-size cars, light-duty trucks, passenger vans, four-wheel drive vehicles, and similar types of motor vehicles requiring registration and licensure through the state department of motor vehicles for operation on public streets and highways. The term "automobile" shall not be construed to include buses and motor coaches, motorized farm vehicles, motorized recreational vehicles and tractor-trucks and trailers.

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

Automotive means, in reference, motor vehicles requiring registration and licensure through the state department of motor vehicles for operation on public streets and highways. The term shall not be construed to refer to motorized farm vehicles, motorized recreational vehicles and tractor-trucks and trailers.

Basement means a story having part but not more than half of its height below grade. A basement shall be counted as a story for the purpose of height regulations if it is used for business purposes or for dwelling purposes by other than a janitor employed on the premises.

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

BOCA means Building Officials and Code Administrators, and is generally used in reference to the BOCA Code.

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

Building, accessory, means a subordinate structure customarily incidental to and located upon the same lot occupied by the main structure. No such accessory structure shall be used for housekeeping purposes.

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

Building, main, means the principal structure or one of the principal buildings on a lot, or the building, or one of the principal buildings housing the principal use on the lot.

Camper trailer and recreational vehicle (RV) mean a towed trailer or self-propelled motor vehicle registered through the state department of motor vehicles which is designed and intended for use a temporary shelter for recreational purposes.

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

Commission means the planning commission of the county.

Dairy means a commercial establishment for the manufacture and sale of dairy products.

Day care center means a facility for the provision of temporary custodial oversight and care of six or more minor children and/or adults licensed by an agency of the state government to provide such care, the daily operation of which shall be less than 24 continuous hours but which may provide such care seven days per week unless otherwise restricted. Where permitted pursuant to this chapter, day care centers may be undertaken as a permitted main use, as an accessory to a permitted main use or as a home occupation where permitted pursuant to the provisions of this chapter. No day care center shall be contained within a manufactured home as defined in this section.

District means districts as referred to in Code of Virginia, § 15.2-2280.

Dump heap and trash pile mean any area of 100 square feet or more lying within 1,000 feet of a state highway, a residence, dairy barn or food-handling establishment where trash, garbage or other waste or scrap material is dumped or deposited without being covered by a sanitary fill.

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

Dwelling, multiple-family, means a structure arranged or designed to be occupied by more than one family.

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

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

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

Ecotourism means the use, for commercial purposes or by organizations exempted from taxation by Internal Revenue Code section 501(c)(3), of property for activities conducted in a natural woodland, water, mountain, field, or other similar natural setting with minimal or no modification of the existing natural setting for activities primarily conducted in such natural setting, including but not limited to ziplines, rope courses, geo-caching, orienteering, rock climbing, rappelling, trails for walking/running/equestrian use, fishing, kayaking, spelunking, and canoeing. A written narrative and site plan shall be submitted with any zoning application for proposed ecotourism for review and determination of whether the proposed use is minor ecotourism, major ecotourism, or commercial recreation. The site plan shall designate an area for off-street parking with adequate provision for entrance and exit by standard size automobiles and sufficient spaces for the proposed use. Parking facilities shall comply with chapter 66, article XII, Division 2 regarding off-street parking. Artificial site lighting, if any, shall be shielded to minimize impact on night sky.

Ecotourism, major means all ecotourism other than minor ecotourism.

Ecotourism, minor means ecotourism that meets the following limitations: requires no more than two structures, which may be used for functions such as restroom facilities, concessions, ticket sales, storage, or other such uses associated with the ecotourism activity; with total square footage of such structures in combination not to exceed 3,000 square feet; structures must be a minimum of 35 feet from all setback lines; artificial site lighting, if any, shall be attached to a structure as well as shielded to minimize impact on night sky; and parking area(s) shall be screened from view from state-maintained roadways by vegetation or other landscaping features.

Educational institution means any of the free elementary and secondary schools established and maintained as provided in Code of Virginia, title 22.1; any private school legally authorized in the state to provide an educational program at the elementary or secondary school levels; any public or private school that is legally authorized in this state to provide a program of education beyond high school; or a facility that provides training to prepare students for gainful employment in a recognized occupation. The term "educational institution" shall not include facilities primarily dedicated to residential use or seasonal recreational use, even if such facilities are owned and/or operated by an educational institution.

Family means one or more persons occupying a premises and living in a single dwelling unit, as distinguished from an unrelated group occupying a boardinghouse, lodginghouse, tourist home or hotel.

Farm or ranch means one or more areas of land used for the production, cultivation, growing, harvesting or processing of agricultural products.

Farm market means the sale of agricultural products or value-added agricultural products, directly to the consumer from a site on a working farm.

Farm stay means visiting a farm or ranch overnight in short term rental accommodations as a paying guest in two or less temporary or permanent structures not exceeding six bedrooms total and suitable for overnight accommodation of no more than 13 individuals at any one time that allows opportunity for such overnight guests to obtain some experience of rural life.

Frontage means the minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the building setback line as defined and required in this chapter.

Garage, private, means an accessory building designed or used for the storage of not more than three automobiles owned and used by the occupants of the building to which it is accessory.

Garage, public, means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling or storing motor-driven vehicles.

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

GIS map or geographic information systems map means the digital map maintained by the county department of information systems and published on the county Internet website. This map shall be amended only by action of the board of supervisors and shall be the official map of the county for purposes of designation of zoning districts, including overlay districts.

Golf course means any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges as defined in this section.

Golf driving range means a limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.

Group home means a facility for adult or child care in either a residential or institutional setting, but not regulated as a rest home; generally operated or supported in conjunction with social or mental health agencies.

Guestroom means a room which is intended, arranged or designed to be occupied, or which is occupied, by one or more guests paying direct or indirect compensation therefor, but in which no provision is made for cooking. Dormitories are excluded.

Historical area means an area indicated on the zoning map to which the provisions of this chapter apply for protection of a historical heritage.

Home garden means a garden in a residential district for the production of vegetables, fruits and flowers generally for use or consumption by the occupants of the premises.

Home occupation means an occupation carried on by the occupant of a dwelling as a secondary use in which the conduct of the occupation is carried out wholly within the interior of the dwelling and where no one is employed other than members of the family residing on the premises, such as the rental of rooms to tourists, the preparation of food products for sale, and similar activities; professional offices such as medical, dental, legal, engineering and architectural conducted within a dwelling by the occupant. The repair, rebuilding, maintenance, storage or similar activities of motor vehicles is not a home occupation.

Hospital means an institution rendering medical, surgical, obstetrical or convalescent care, including nursing homes, homes for the aged and sanatoriums, but in all cases excluding institutions primarily for mental or feeble-minded patients, alcoholics or drug addicts, and also excluding abortion clinics. Certain nursing homes and homes for the aged may be "home occupations" if they comply with the definition in this section.

Hospital, special care, means an institution rendering care primarily for mental or feeble-minded patients, alcoholics or drug addicts.

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

Immediate family means, unless otherwise defined in this chapter, those individuals who are related as either brother, sister, son, daughter, father, mother or grandparent; stepbrother, stepsister, stepson, stepfather or stepmother; brother-in-law, sister-in-law, son-in-law, daughter-in-law, father-in-law or mother-in-law; and including aunts, uncles, cousins, nieces and nephews.

Industrial mobile office unit means a type of manufactured structure designed principally for industrial or commercial temporary office or work space applications rather than for residential use under the Virginia Uniform Statewide Building Code, BOCA or other code. A manufactured home as defined in this chapter shall not be accepted as a substitute for an industrial mobile office unit. Structures meeting the definition of the term "industrialized building" pursuant to Code of Virginia, § 36-71.1. shall be considered industrial mobile office units.

Inoperable vehicle means any motor vehicle which cannot be immediately placed in service on roads in the state, including those that are without essential parts such as tires, engines, transmissions, etc.; and also including any motor vehicle which does not have a valid state registration, current license plate and current inspection sticker.

Junkyard means the use of any area of land lying within 100 feet of a state highway or the use of more than 200 square feet of land area in any location for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials.

Kennel means a place prepared to house, board, breed, handle, or otherwise keep or care for dogs for sale or in return for compensation.

Livestock market means a commercial establishment wherein livestock is collected for sale and auctioned off.

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

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

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

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

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

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

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

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

Manufactured home and manufactured housing mean a structure intended primarily for single-family residential use which is manufactured off-site, transportable in one or more sections to the point of installation, use or erection on its own wheels or on a flatbed or other trailer, which structure is built on a permanent chassis and designed to be used with or without a permanent foundation, and which structure is designed for ready removal to or installation or erection on another site. The terms "manufactured home" and "manufactured housing" shall include models commonly referred to as "singlewide," "doublewide" and "tri-wide" and shall be synonymous with the term "mobile home." As used in this chapter, a "manufactured home" or "manufactured housing" shall not be construed to include a "modular home" constructed in accordance with the current standards of the BOCA basic building, plumbing, mechanical and electrical codes. Manufactured homes and manufactured housing shall not be used other than for single-family residential purposes or for any nonresidential purposes unless otherwise permitted pursuant to this chapter.

Manufactured home park means any area of two acres or more designed to accommodate five or more manufactured homes intended for residential use where residence is in manufactured homes exclusively.

Mobile office trailer means a manufactured home used exclusively as a temporary construction job site office or an industrial mobile office unit.

Modular home means a structure manufactured off site and transported to the point of installation, use or erection as a finished building, or as a part of a finished building comprising two or more units or sections, and which structure is not designed for ready removal to or installation or erection on another site. As used in this chapter, a modular home must be constructed in accordance with the current standards contained in the BOCA basic building, plumbing, mechanical and electrical codes. A modular home shall not be construed to include a manufactured home manufactured to applicable federal specifications and standards.

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

Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located either on December 31, 1971, or as a result of subsequent amendments to this chapter.

Nonconforming structure means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage or other area regulations of this chapter, or is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located, either on December 31, 1971, or as a result of subsequent amendments to this chapter.

Off-street parking area means space provided for vehicular parking outside the dedicated street right-of-way in connection with and as an accessory to a particular permitted use.

Pawnbroker means any person as defined to be a "pawnbroker" in Code of Virginia, § 54.1-4000, as such may be amended from time to time.

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

Precious metals dealer means any person as defined to be a "precious metals dealer" in Code of Virginia, § 54.1-4100, as such may be amended from time to time.

Public parking lot means space provided for vehicular parking outside the dedicated street right-of-way that is not in connection with any particular permitted use and that operates as a primary use.

Public utility means poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision and/or maintenance of public utilities, including water and sewerage facilities.

Public water and sewer systems means a water or sewer system owned and operated by a municipality or county, or owned and operated by a private individual or a corporation approved by the board of supervisors and properly licensed by the state corporation commission, and subject to special regulations as set forth in this chapter.

Recreation, commercial means the use of land, for commercial purposes or by organizations exempted from taxation by Internal Revenue Code section 501(c)(3), for activity for amusement, sport, or enjoyment as spectator or participant; conducted inside or outside of a building; characterized by moderate impacts on traffic, the natural environment, and the surrounding neighborhood; such as athletic fields, miniature golf, skateboard park, swimming pools, water parks, paintball, laser tag, rodeo, batting cages, basketball/tennis/handball, motorized cart and motorcycle trails or tracks, motorized model airplane flying, or open air pavilions used for special events; excluding uses that are ecotourism. In addition to the foregoing examples, use of property for commercial purposes for holding large agritourism events, including without limitation weddings and outdoor music entertainment, on a frequency of more than 18 such events within any consecutive 12-month period shall be commercial recreation. Each day shall be counted as a separate event regardless of whether multiple activities occur in the same day or whether consecutive days include similar activities. A written narrative and site plan shall be submitted with any zoning application for proposed commercial recreation for review and determination of whether the proposed use is minor ecotourism, major ecotourism, or commercial recreation.

Required open space means any space required in any front, side or rear yard.

Rest home means a building or structure used or intended to be used as a rest home under conditions imposed by state law.

Restaurant means any building in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafes, tearooms, confectionery shops, or refreshment stands.

Retail stores and shops means buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood and lumber yards), such as the following, which will serve as illustration: drugstore, newsstand, food store, candy shop, milk dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop and beauty shop.

Sawmill means a portable sawmill located on private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto.

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

Sign means any display of any letters, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof, by any means whereby the letters, words, numerals, figures, devices, emblems, pictures or combinations thereof are made visible for the purpose of making anything known, whether such display be made on, attached to, or as a part of a structure, surface or any other thing, including, but not limited to, the ground, any rock, tree, or other natural object, which display is visible beyond the boundaries of the parcel of land on which the display is made. A display less than one square foot in area is excluded from this definition.

(1)

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

(2)

Directional sign means a sign, one end of which may be pointed, or on which an arrow may be painted, indicating the direction to which attention is called, four square feet or less in area, giving the name only of the firm or business responsible for the erection of sign.

(3)

General advertising sign means a sign which directs attention to a product, commodity or service not necessarily available on the premises.

(4)

Home occupation sign means a sign not exceeding four square feet in area directing attention to a product, commodity or service available on the premises, but which product, commodity or service is clearly a secondary use of the dwelling.

(5)

Identification sign means a sign that identifies the name of the business or other entity located on the premises.

(6)

Location sign means a sign which directs attention to the approximate location of an establishment from which the advertised product or service may be obtained, which is not on the same premises as the sign.

(7)

Sign structure means and includes the supports, uprights, bracing and framework of any structure, be it single-faced, double-faced, v-type, or otherwise, exhibiting a sign.

(8)

Temporary sign means a sign applying to a seasonal or other brief activity, such as, but not limited to, summer camps, horse shows, auctions or sale of land, which shall conform in size and type to directional signs.

Site-built means a structure whose individual structural component units, parts and materials are shipped to the property on which the structure is located for final assembly and erection. Site-built structures shall be considered to include modular homes but shall not include manufactured homes.

Solid waste disposal convenience station means a facility operated by the county as a point for collection and short-term storage of solid waste and recyclable items originating from primarily residential sources for subsequent transportation to the county's solid waste transfer station or final solid waste disposal or recycling facility.

Story means that portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, the space between the floor and the ceiling next above it.

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

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

Street and road mean a public thoroughfare that affords principal means of access to abutting property. Streets or roads may either be public or private.

Street, private, means a roadway which is maintained solely at private expense and is not incorporated, or eligible for incorporation, into the state highway system.

Street, public, means a roadway dedicated for general public use and incorporated, or designed, constructed and recorded so as to permit incorporation, into the state highway system. Public streets shall be treated as private streets for purposes of maintenance until such time as they may be incorporated into the state highway system pursuant to state law or regulations of the state department of transportation.

Structure means anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. The term includes, among other things, dwellings, buildings, signs, etc.

Subdivision, gated residential means an enclosed and gated major subdivision created for residential use that is served by private streets built to public street standards and that has all vehicular and pedestrian access controlled by staffed or automated security gate(s), at all entrance and exit points. Gated residential subdivisions shall only be permitted by special exception permit. The term "gated residential subdivision" shall be synonymous with the terms "gated subdivision" and/or "gated community."

Taxi stand means the established place of business owned or leased by the holder of a permit issued by the Virginia Department of Motor Vehicles to operate a taxicab service.

State Law reference— Code of Virginia, §§ 46.2-2000, 46.2-2059.

Telecommunications-related industry means establishments primarily engaged in service by use of telecommunication services, including, but not limited to, telephone customer care call centers, telemarketing facilities, in-bound and out-bound call centers, and other call-intensive organizations. The term "telecommunications-related industry" does not include telecommunication towers, which are addressed elsewhere in this chapter.

Telecommunication service means any service provided for a charge or compensation to facilitate the origination, transmission, emission or reception of signs, signals, writings, images and sounds or intelligence of any nature by telephone, including cellular or other wireless telephones, wire, radio, television optical or other electromagnetic system.

Telecommunication service provider means a person or entity providing telecommunication service including, but not limited to, a cellular or other wireless telephone or paging company or other person or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service.

Telecommunication tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term "telecommunication tower" includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers and similar structures.

Tourist court, auto court, motel, hotel, cabins, and motor lodge mean one or more buildings containing individual sleeping rooms, designed for or used temporarily by automobile tourists or transients, with garage or parking space conveniently located to each unit. Cooking facilities may be provided for each unit.

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

Tractor-truck means a type or class of motor vehicle primarily used in freight delivery and interstate commerce designed to pull in tow a single or multiple large fully-enclosed, partially-enclosed or flatbed trailer. Such vehicles are characterized typically by large diesel-fuel powered engines and may also be equipped with on-board sleeping units for drivers of such vehicles.

Travel trailer means a mobile unit less than 29 feet in length and less than 4,500 pounds in weight which is designed for human habitation.

Truck stop means a commercial enterprise with a physical design and business orientation toward providing fuel, repairs and other services, including restaurant and convenience store operations and on-site overnight or multiple-day parking, or any combination of these, primarily for or directed at tractor-trucks and trailers and their drivers. Such businesses as defined may also provide similar services for motor vehicles other than tractor-trucks, their drivers and passengers on an incidental or secondary business basis.

Truck terminal means a facility operating as a terminus for the receipt and/or delivery of freight and/or as a central point of garaging and dispatch of commercial trucks, including tractor-trucks and trailers, typically though not exclusively where the facility and trucks it services are owned and/or operated by a single corporate or business entity.

Use, accessory, means a subordinate use, customarily incidental to and located upon the same lot occupied by the main use.

Wayside stand, roadside stand and wayside market mean any structure or land used for the sale of agriculture or horticulture produce, livestock, or merchandise produced by the owner or his family on their farm.

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

(1)

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

(2)

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

(3)

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

(Code 1997, § 66-1; Ord. No. 98-7, § 1(66-1), 7-27-1998; Ord. No. 98-9, § 1(66-1), 7-27-1998; Ord. No. 99-4, § 1(66-1), 6-8-1999; Ord. No. 2000-01, § 1(66-1), 4-11-2000; Ord. No. 2000-3, § 66-1, 9-26-2000; Ord. No. 2005-02, § 1, 2-8-2005; Ord. No. 2008-04, § 1, 4-8-2008; Ord. No. 2010-007, 11-9-2010; Ord. No. 2015-003, § 3, 5-12-2015; Ord. No. 2015-008, § 4, 10-13-2015; Ord. No. 2018-001, § 3, 2-13-2018; Ord. No. 2018-004, § 3, 4-10-2018; Ord. No. 2021-03, § 3, 5-25-2021; Ord. No. 2022-08, § 3, 12-13-2022; Ord. No. 2023-01, § 3, 2-14-2023)

Cross reference— Definitions generally, § 1-2.

State Law reference— Definitions, Code of Virginia, § 15.2-2201.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. To protect the public, among other purposes, the provisions of this chapter are intended to:

(1)

Provide for adequate light, air, convenience of access, and safety from fire, flood and other dangers;

(2)

Reduce or prevent congestion in the public streets;

(3)

Facilitate the creation of a convenient, attractive and harmonious community;

(4)

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

(5)

Protect against destruction of or encroachment upon historic areas; and

(6)

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

(Code 1997, § 66-2)

State Law reference— Purpose of zoning, Code of Virginia, § 15.2-2283.

This chapter shall be enforced by the zoning administrator. Where the county administrator is the zoning administrator, he may appoint an employee of his office as deputy pursuant to Code of Virginia, § 15.2-1502 to enforce the provisions of this chapter. Where the phrase "administrator or his designee" appears in this chapter, the term "designee" shall be synonymous with the term "deputy" as referenced within the Code of Virginia.

(Code 1997, § 66-3; Ord. No. 98-7, § 1(66-3), 7-27-1998)

Cross reference— Administration, ch. 2.

State Law reference— Administration of zoning provisions, Code of Virginia, §§ 15.2-2286—15.2-2288.

Nothing contained in this chapter shall require any change in the plans or construction of any building or structure for which a permit was granted prior to December 31, 1971. However, such construction must commence within six months after December 31, 1971. If construction is discontinued for a period of six months or more, further construction shall be in conformity with the provisions of this chapter for the district in which the operation is located.

(Code 1997, § 66-4)

It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or with private restrictions placed upon property by covenants running with the land to which the county is a party. Where this chapter imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control. Zoning compliance shall be found only when an application is in harmony with provisions of this chapter and all other applicable provisions of county and state law.

(Code 1997, § 66-5; Ord. No. 2005-02, § 2, 2-8-2005)

The regulations, restrictions and boundaries established in this chapter may be amended, supplemented, changed, modified or repealed by a favorable majority of votes of the board of supervisors; provided that:

(1)

A public hearing shall be held in relation thereto at which parties in interest and citizens shall have an opportunity to be heard.

(2)

Notice shall be given of the time and place of such hearings by publication in at least two issues of some newspaper having a general circulation in the jurisdiction. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than six days or more than 21 days after final publication. After enactment of any such plan, ordinance or amendment, further publication thereof shall not be required.

(3)

Changes shall be made by the board of supervisors in this chapter or the zoning map only after such changes have been referred to the planning commission for a report. Action shall be taken by the board of supervisors only after a report has been received from the planning commission, unless a period of 30 days has elapsed after date of referral to the commission, after which time it may be assumed the planning commission has approved the change or amendment.

(Code 1997, § 66-6)

All departments, officials and public employees of the county which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter, shall be null and void.

(Code 1997, § 66-7)

Any person, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this chapter shall be guilty of a class 2 misdemeanor and, upon conviction thereof may be fined as provided in section 1-15. Such person shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this chapter is committed, continued or permitted by such person and shall be punishable as provided in this section.

(Code 1997, § 66-8)

State Law reference— Penalty, Code of Virginia, § 15.2-2286(5).

Where the provisions of this chapter call for the involvement of a licensed professional engineer, and where the county employs or engages the services of an engineer at the county's expense on a consulting basis specifically for assistance in the administration of this chapter, the zoning administrator at his discretion may designate or involve the county's engineer in lieu of or in addition to the engineer specified by the provisions of this chapter. Nothing in this chapter shall be construed to require the county to employ or engage an engineer at the county's expense.

(Code 1997, § 66-9; Ord. No. 98-7, § 1(66-9), 7-27-1998)

(a)

Where the provisions of this chapter call for distances between a permitted use or activity and another use or activity, the distance shall be measured as follows,

(1)

If structures are present on both properties, the distance shall be measured between the nearest parts of the main use structures on or in which the use or activity is to be located or conducted on each parcel.

(2)

If no structure is present on one of the properties, then the distance shall be measured between the nearest part of the main use structure on or in which the use or activity is located on one parcel to the nearest property boundary line of the property without a structure.

(3)

If no structure is present on either property, then the distance shall be measured between the nearest property boundary lines of each property.

(b)

Where the provisions of this chapter call for distances between a zoning district and another use or activity, then the measurement shall be measured as follows:

(1)

If a structure is present on the parcel on which the proposed use is to be located, the measurement shall be from the nearest boundary of the designated zoning district to the nearest part of the main use structure on or in which the use or activity is to be located or conducted, or,

(2)

If no structure is present on the parcel on which the proposed use is to be located, the measurement shall be from the nearest boundary of the designated zoning district to the nearest property line of the property where the use or activity is to be located or conducted, or,

(3)

In cases of a split-zoned lot where the zoning district boundary lies across a part of a property, and where a method of measurement in accordance with subsection (a) is more restrictive, the zoning administrator shall utilize the more restrictive method.

(c)

If an ordinance specifies a different method of measurement from that specified in this subsection, then the method so specified shall control.

(d)

The zoning administrator shall accept measurements taken by a field survey certified by a licensed engineer or surveyor or measurements taken and verified using the county geographic information system database.

(Ord. No. 2004-03, § 1, 3-15-2004; Ord. No. 2005-08, § 1, 7-12-2005)