- DEFINITIONS
BMP: Best Management Practices.
BZA: Board of Zoning Appeals.
CC: City Council.
DBH: Diameter at Breast Height.
FAA: Federal Aviation Administration.
FCC: Federal Communications Commission.
FEMA: Federal Emergency Management Administration.
FT: Feet.
GFA: Gross floor area.
LID: Low impact development.
N/A: Not applicable.
NAICS: North American Industry Classification System (NAICS)(see http://www.naics.com for more info)
PC: Planning and Zoning Commission or Planning Commission.
PD: Planning Director.
SF: Square feet.
SRT: Site Review Team.
TIA: Traffic impact analysis.
USGS: United States Geologic Survey.
VDOT: Virginia Department of Transportation.
ZA: Zoning Administrator.
A.
Basis for Classification. Use categories classify land uses and activities based on similar functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties and site conditions. The use categories provide a systematic basis for assigning land uses to appropriate zoning districts.
B.
Principal Use Characteristics. A principal use is assigned to the use category that most closely corresponds to its nature as described in the "Characteristics" section of each use category.
C.
Similar Use Interpretations.
1.
Determination of the appropriate category for a proposed principal use shall be made by the Zoning Administrator in accordance with the provisions of subsection 2, below.
2.
The following shall be used to determine (1) the appropriate category for a use not specifically listed in the Use Table or the examples in the use category descriptions, and (2) whether a use is considered principal or accessory.
(a)
The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;
(b)
The relative amount of site area or floor space and equipment devoted to the activity;
(c)
Relative amounts of sales from each activity;
(d)
The customer type for each activity;
(e)
The relative number of employees in each activity;
(f)
Hours of operation;
(g)
Building and site arrangement;
(h)
Vehicles used and their parking requirements;
(i)
The relative number of vehicle trips generated;
(j)
Required signage;
(k)
How the use is advertised;
(l)
The likely impact on surrounding properties; and
(m)
Whether the activity is likely to be found independent of the other activities on the site.
3.
The Zoning Administrator may use the North American Industry Classification System to assist in the interpretation of similarity of uses.
4.
When considering appropriate districts for a use not listed in the Use Table, the district purpose statements of the respective districts shall be taken into consideration.
Developments with multiple principal uses shall conform to the following.
A.
When all principal uses of a development fall within one use category, the entire development is assigned to that use category.
B.
When the principal uses of a development fall within different use categories, each principal use is classified in the applicable use category and each use is subject to all applicable regulations for that use category.
C.
Developments with multiple principal uses (such as shopping centers) shall incorporate only those uses allowed in the underlying district.
Accessory uses are allowed by right, but only in conjunction with a principal use, unless otherwise stated elsewhere in this Chapter. Unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions.
The "Examples" section of each use category lists uses common to that use category.
A.
The examples provided are not all-inclusive, but describe the types of uses that are common to that category. Similar uses may also be permitted upon determination by the Zoning Administrator that they are appropriate for that use category.
B.
The names of these sample uses are generic and are based on common meanings, not on what a specific use may call itself. For example, a use that calls itself "Wholesale Warehouse," but sells mostly to retail consumers, is included in the Retail Sales and Service category rather than the Wholesale Trade category.
The "Uses Not Included" section provides cross-references to uses that may appear to be part of a particular category, but which are explicitly handled in a different use category.
The following tables describe the characteristics of categories of uses, examples from each category, common accessory uses and uses that are not part of a given use category. These tables are descriptive and the examples listed are not all-inclusive. Determination of the appropriate category for a proposed principal use or accessory not specifically listed will be made by the Zoning Administrator in accordance with Sec. 98-10.2.1.C, Similar use interpretations.
A.
Household Living.
B.
Group Living.
1
North American Industry Classification System (see http://www.naics.com for more information)
2
North American Industry Classification System (see http://www.naics.com for more information)
A.
Community Service.
B.
Day Care.
C.
Educational Facilities.
D.
Government Facilities.
E.
Medical Facilities.
F.
Parks and Open Areas.
G.
Passenger Terminal and Services.
H.
Religious Institutions.
I.
Social Service Institutions.
1 North American Industry Classification System (see http://www.naics.com for more information)
J.
Utilities.
A.
Eating Establishments.
B.
Entertainment.
C.
Offices.
D.
Overnight Accommodations.
E.
Parking, Commercial.
F.
Retail Sales and Service.
G.
Self-Service Storage.
H.
Vehicle Sales and Service.
(Ord. No. 2023-01, § 3, 1-23-23)
A.
Light Industrial Service.
B.
Warehouse and Freight Movement.
C.
Waste-Related Service.
D.
Wholesale Trade.
E.
Heavy Industrial.
A.
Agriculture
(Ord. No. 2012-31, 6-8-12; Ord. No. 2017-43, 10-5-17; Ord. No. 2018-47, 7-5-18; Ord. No. 2018-48, 7-5-18)
Abut or Abutting: Same as contiguous.
Accessory Building, Structure or Use: A detached building, structure, or use on the same lot with, or of a nature customarily incidental or subordinate to, and of a character related to the principal use or structure (See also Sec. 98-4.6).
Adult bookstore: A bookstore that devotes more than 15 percent of the total floor area for the display and sale of the following: (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or; (2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. The term adult bookstore shall not include a bookstore that sells adult books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than 15 percent of the total floor area of the establishment to the sale of books or periodicals.
Adult entertainment establishment: (1) A restaurant, nightclub, bar, cabaret, lounge, club or other establishment, whether private or open to the public, which features adult entertainment; and (2) Any commercial establishment, including, but not limited to, a restaurant, nightclub, bar, cabaret, lounge, club or other establishment, which, as its primary business, offers for sale any book, publication or film which depicts nudity, or sexual conduct or which offers services such as bath houses, massage parlors, wrestling parlors or similar activities.
Adult entertainment: Live performances by topless and/or bottomless dancers, strippers or similar entertainers, characterized by the display or exposure of specified anatomical areas.
Adult massage parlor: Any place where, for any form of consideration or gratuity, a massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as a part of or in connection with specified sexual activities or where any person providing such treatment, manipulation, or service related thereto, exposes any of his or her specified anatomical areas.
Adult model studio: Any establishment, where, for any form of consideration or gratuity, figure models who display specified anatomical areas exhibit themselves to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. The following is excluded from this definition: any school of art which is authorized under the laws of the State to issue and confer a diploma.
Adult motion picture theatre: A theater, concert hall, auditorium or similar commercial establishment, where, for consideration, any films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical area for observation by patrons. Movies rated G, PG, PG-13, R or N-C by the Motion Picture Association of America, or live theatrical performances with serious artistic, social or political value, that depict or describe specified anatomical areas, are expressly exempt from regulation under this Chapter.
Adult use: Any business or establishment subject to the definitions and regulations of this section, including, adult bookstore, adult entertainment establishment, adult massage parlor, adult model studio and adult motion picture theater.
Advertising sign: Any structure, surface or wall used to advertise to the public the name of the business, or any service or product being offered for sale, on the premises.
Agriculture: See Sec. 98-10.2.11.A.
Alley: A passage or way open to public travel, affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.
Alternative telecommunications structure: Buildings, clock towers, bell steeples, electric poles, utility poles, water storage tanks, and other similar alternative-design mounting structures that are used for the purpose of supporting and obscuring the presence of antennas.
Animal concentration: The keeping for commercial purposes of more than one animal unit per acre.
Animal unit: The equivalent to one head of beef or slaughter cattle. For the purpose of this Chapter the following equal one animal unit: 1 head of beef or slaughter cattle, 1 dairy cow, 2 calves less than one year old, 1 buffalo, 1 llama, 1 horse, 1 mule, 5 sheep, 5 goats, 2 swine, 2 deer, 125 chickens, 75 turkeys, 3 ostriches or 100 rabbits.
Antenna: Any exterior apparatus designed for telephonic, radio, or television communications through the sending, or receiving or both of electromagnetic waves.
Arterial STREET: See "Street, Arterial."
Auto body or upholstery shop: A use providing automotive body or upholstery repairs, or automotive painting services.
Base flood elevation (BFE): The Federal Emergency Management Agency-designated 100-year water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the City of Waynesboro's Flood Insurance Rate Map. For the purposes of this Chapter, the 100-year flood or one percent annual chance flood.
Base flood/100-year flood: The flood having a one percent chance of being equaled or exceeded in any given year.
Basement:A story having at least one-half its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for business or dwelling purposes by those other than a janitor employed on the premises.
Bed and breakfast: A building containing up to five guest rooms for an overnight stay which are rented at a daily rate and where breakfast is typically the only meal served to guests. (See also Sec. 98-4.4.4.)
Boardinghouse, rooming house: A building other than a hotel/motel, where for compensation and by prearrangement for definite periods, meals, lodging or both lodging and meals are provided. (See also Sec. 98-4.2.9).
Brewpub: An eating and drinking establishment (restaurant) with a small brewery on the premises producing alcohol beverages, where the majority of the alcohol produced is consumed on the premises. Production is limited to 3,000 barrels annually.
Buffer: See Sec. 98-5.4.5.
Building Code: The Virginia Uniform Statewide Building Code, as amended.
Building Line: The edge of a building closest to the street.
Building Official: The Building Official for the City-appointed by the Zoning Administrator to administer this Chapter and other related regulations.
Building or structure: Any structure having a roof supported by columns or walls.
Certificate of Appropriateness: See Sec. 98-3.3.3.F.
Child Care Center: An establishment which is licensed or approved to operate as a child care center in the Commonwealth of Virginia, enrolling six or more children for whose care tuition, fees or other forms of compensation are charged. (See also Sec. 98-4.3.2)
Circuit Court: The Circuit Court of the City of Waynesboro.
Cluster Residential Development: See Sec. 98-2.5.5.
Code of Development: A generalized concept plan in accordance with Sec. 98-3.2.2.
Coffee Shop: An eating and drinking establishment that is typically open only for lunch and breakfast and may operate 24 hours per day, but they typically do not offer alcoholic beverages, and customers typically do not stay more than 30 or 45 minutes.
Collector Street: See "Street, Collector."
Common Signage Plan: See Sec. 98-5.6.12.
Community Service: See Sec. 98-10.2.8.A.
Complex: See Sec. 98-4.1.
Comprehensive Plan: The Comprehensive Plan of the City of Waynesboro, including all amendments to date.
Conditional use: See Sec. 98-7.6.
Condominium Project: A plan or project whereby four or more apartments, rooms, office space or other units existing or proposed, whether the unit involves a single structure, attached or detached from other units or is in one or more multiple-unit structure, on a contiguous parcel of real estate, are offered or proposed to be offered for sale.
Condominium: The ownership of a single unit in a multiple unit structure with common elements in a condominium project.
Contiguous: To physically touch or border upon; or to share a common property line or border. Unless otherwise expressly stated, this definition does not include lots or parcels on the opposite side of a street.
Conventional Residential Development: See Sec. 98-2.5.4.
Cottage Court: A cottage court is a group of small detached houses, attached houses, townhouses (limit of four attached units per structure and up to 50 percent of development), or tiny homes fronting around a common space. A cottage court may be developed on individual lots or with a common form of ownership.
Day Care: See Sec. 98-10.2.8.B.
Dental Clinic: An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of dentists practicing dentistry together.
Department Of Finance: The Department of Finance of the City of Waynesboro.
Design flood elevation: The base flood elevation plus one foot.
Development, Multiple-Family: See multiple-family development.
Development: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment and materials.
Director of Public Works: The City of Waynesboro Director of Public Works.
District, General Zoning: See Article 2.
District, Overlay: See Sec. 98-3.3.
District, Planned Unit Development: See Sec. 98-3.2.
Dwelling unit: A building, or portion thereof, providing complete and permanent living facilities for one household and includes the following (See also Sec. 98-2.3).
Single-family detached
Single-family attached
Two-family houses (duplex)
Corner lot duplexes
Multiplexes
Zero lot line houses
Townhouses
Multifamily building
Upper-story residential
Eating Establishment: See Sec. 98-10.2.9.A.
Educational Facilities: See Sec. 98-10.2.8.C.
Elevated building: A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).
Encroachment: For floodplain management purposes, the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
Entertainment: See Sec. 98-10.2.9.B.
Family or household: One or more persons related by blood, adoption, or marriage, living together as a single housekeeping unit, exclusive of household servants. A number of persons not exceeding eight, living together as a single housekeeping unit, though not related by blood, adoption, or marriage, shall be deemed to constitute a family, as shall a foster care home, approved by the State.
Farm: A tract of land used for the production of crops or the rearing of animals.
Flashing Light: A flashing light is a rhythmic light in which the total duration of the light in each period is clearly shorter than the duration of the darkness and in which the flashes of light are all of equal duration.
Flood Insurance Rate Map (FIRM): An official map of a community, on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study (FIS): An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.
Flood or Flooding: (1) A general and temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of inland or tidal waters; (b) the unusual and rapid accumulation or runoff of surface waters from any source. (c) mudslides, i.e. mudflows, which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding.
Flood proofing: Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Floodplain Administrator: See Sec. 98-6.7.
Floodplain or Floodprone: Any land area susceptible to being inundated by water from any source.
Floodway: The designated area of the floodplain required to carry and discharge floodwaters of a given magnitude without raising the 100-year flood elevation more than one foot. For the purposes of this Chapter, the floodway would be established based upon a hydrological study of a particular watercourse.
Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums will be significantly cheaper.
Government Facilities: Sec. 98-10.2.8.D.
Grade: The average level of the natural or finished ground surface adjacent to a fence or wall, sign, structure or the exterior walls of a building which face a street.
Gross Acre or Land Area: All land area within the boundaries of a lot or site.
Group home/other: A residential care facility for the mentally ill, intellectually disabled, or developmentally disabled where such persons reside, along with resident counselors or other staff persons, which is licensed by the Department of Behavioral Health and Developmental Services. (See also Sec. 98-4.2.10)
Group home/senior: A dwelling unit with a limited number of persons over the age of 61 living with not more than one caretaker as a functional family. (See also Sec. 98-4.2.11)
Group Living: See Sec. 98-10.2.7.B.
Heavy Industrial: See Sec. 98-10.2.10.E.
Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic structure: Any structure that is: (1) Listed individually in the National Register of Historic Places, a listing maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or (3) Individually listed on a State inventory of historic places.
Home occupation: See Sec. 98-4.6.11.
Homestay: The provision of a room or space in a dwelling to a transient by an individual who owns the dwelling and uses the dwelling as his or her permanent residence that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.
Hospital: An institution providing human health services primarily for in-patient medical and surgical care for the physically or mentally sick and injured and including related support facilities such as laboratories, out-patient departments, staff offices, food services, and gift shop.
Hotel/Motel: A building containing one or more guest rooms for overnight guests and containing registration facilities, on-site management, cleaning services and combined utilities.
Household: See "Family."
Household Living: See Sec. 98-10.2.7.A.
Inn: A lodging establishment providing overnight accommodations with 6 or more but less than 20 guest bedrooms in accordance with the applicable requirements of Sec. 98-4.4.4.
Industrialized Building: A combination of one or more sections of modules, subject to state regulations and including the necessary electrical, plumbing, heating, ventilating, and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, to comprise a finished building.
Institution: A nonprofit corporation or nonprofit establishment for public use, but classification as such in and of itself does not allow group residential, hospital or other medical care facility, penal facility, or mental treatment facility uses unless such use or uses are themselves classified as by-right or authorized as a permitted conditional use in the zoning district in question.
Junk: Scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
Junkyard: Any lot used for storage of junk, or the keeping or abandonment of junk, including "automobile graveyards as defined in State law.
Kennel: An establishment engaged in boarding, breeding, buying, selling, grooming or training of pet animals.
Library: Structure, either publicly or privately owned, used for collection and storage of books, periodicals, and similar materials, and providing facilities for reading, research and/or borrowing of the collected materials.
Light Industrial Service: See Sec. 98-10.2.10.A.
Loading and Unloading Area: A completely off-street space on the same lot for the loading or unloading of freight carriers with ingress and egress to a street or alley (See also Sec. 98-5.1.8).
Lot area: See Sec. 98-1.13.3.A.
Lot of record: A lot which has been recorded in the office of the Clerk of the Circuit Court.
Lot width: See Sec. 98-1.13.4.
Lot, corner: A lot abutting upon two or more streets at their intersection.
Lot, through: A lot abutting two nonintersecting streets.
Lot: A lot of record occupied or intended for occupancy by a use, including the yards and parking spaces, and having its principal frontage upon a street or upon an officially approved place. (See also Sec. 98-1.13.3.A)
Lowest floor: The 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 other than a basement 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 applicable non-elevation design requirements of Federal Code 44CFR Sec. 98-60.3.
Low-Impact Development (LID): A site design strategy with the goal of maintaining or replicating the pre-development hydrologic regime through the use of design techniques to create a functionally equivalent hydrologic site design. Through the use of LID techniques, hydrologic functions of storage, infiltration and ground water recharge, as well as the volume and frequency of discharges are maintained through the use of integrated and distributed micro-scale stormwater retention and detention areas, reduction of impervious surfaces, and the lengthening of runoff flow paths and flow time. Other strategies include the preservation/protection of environmentally sensitive site features such as riparian resource areas, wetlands, steep slopes, mature woodlands, floodplains, and highly permeable soils.
Mail-Order House: This industry comprises establishments primarily engaged in retailing all types of merchandise using non-store means, such as catalogs, toll free telephone numbers, or electronic media, such as interactive television or computer. Included in this industry are establishments primarily engaged in retailing from catalog showrooms or mail-order houses.
Manufactured home park or subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Manufactured Home Park: Any plat of ground upon which two or more manufactured homes, occupied for dwelling purposes, are located, regardless of whether a charge is made for such accommodations.
Manufactured home sales: An establishment for the display (inside or outside a building), retail or wholesale sale, or direct delivery to the purchaser of new or used manufactured homes or trailers.
Manufactured home subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Manufactured home: A HUD-approved manufactured home constructed after July 1, 1976, 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 utilities; and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. (See also Sec. 98-4.2.7) For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days, but does not include a recreational vehicle.
Medical clinic: An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians practicing medicine together.
Medical Facilities: See Sec. 98-10.2.8.E.
Micro-Brewery: A facility for the production and packaging of alcoholic beverages for distribution, retail, wholesale, on or off premises, and producing no more than fifteen thousand (15,000) barrels per year and which meets all alcohol beverage control laws and regulations.
Mini-Warehouse: A facility which consists of two or more individual units of 300 square feet or less, each of which is rented solely to store household goods and personal effects as defined in VA Code Ann. 58.1-3504; tangible personal property employed in a trade or business as defined in VA Code Ann. 58.1-3503.A.17 and inventory of stock on hand as that term is used in VA Code Ann. 58.1-3510.A; and motor vehicles or boats, provided that under no circumstances may radioactive materials, explosives, and flammable or hazardous materials be stored therein.
Mobile Home: A portable manufactured housing unit built before June 15, 1976 designed for transportation on its own chassis and placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width.
Multiple-family development: Residential development that includes multiplexes, townhouses and/or multifamily buildings.
Museum: Establishment for the display of art or historic or science objects.
Net Acre or Land Area: Land area with streets, rights-of-way, driveways which serve as access to more than two units or uses not included in its measurement.
New construction: For purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
Nonconformity: See Article 8.
Nursing or Convalescent Home: A facility, however named, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for three or more persons unrelated to the licensee. A nursing home is a home for chronic or convalescent patients, who, on admission, are not as a rule, acutely ill and who do not usually require special facilities such as an operating room, X-ray facilities, laboratory facilities, and obstetrical facilities. A nursing home provides care for persons who have remedial ailments or other ailments, for which medical and nursing care are indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision.
Office: See Sec. 98-10.2.9.C.
Operator: The proprietor of any dwelling, lodging, or sleeping accommodations offered as a homestay or short-term residential rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other possessory capacity.
Overnight Accommodation: See Sec. 98-10.2.9.D.
Parking lot: An area not within a building, where motor vehicles may be stored for the purpose of temporary, daily or overnight parking. (See also Sec. 98-5.1)
Parking, Commercial: See Sec. 98-10.2.9.E.
Parks and Open Areas: See Sec. 98-10.2.8.F.
Passenger Terminal and Service: See Sec. 98-10.2.8.G.
Permitted Use: A use permitted by right in the respective district, subject to the specific use standards in Article 4 and all other applicable requirements of this Chapter. (See also Sec. 98-2.4.1.A)
Pervious Area or Surface: Ground treatments which will allow the infiltration of water, air and nutrients to root systems of adjacent plant material which lie directly under the ground treatment.
Planned Unit Development: A form of development characterized by a Code of Development, a unified site design for a variety of housing types and densities, clustering of buildings, common area, and a mix of building types and land uses in which project planning and density calculation are performed for the entire development rather than on an individual lot basis.
Planning Department: The City of Waynesboro Department of Planning.
Porch: A covered open living space, open to the outside on two or more sides
Premises: A parcel of land, together with any building or structures occupying it.
Principal Building, Use or Structure: The main use of a lot, or the building or structure in or on which the main use of the lot takes place.
Private Club: Any establishment that is organized and operated solely for a social, recreational, patriotic or fraternal purpose that is not open to the general public, but is open only to the members of the organization and their bona fide guests. The definition of private clubs does not include adult uses, night clubs or other institutions operated as a business.
Professional office: Any office for the practice of a profession, including, but not limited to, architecture, engineering, law, medicine, psychology, theology, real estate, and accounting.
Qualified Engineer: A professional engineer licensed in the State of Virginia.
Recreational vehicle: A vehicle which is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (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.
Religious Institutions: See Sec. 98-10.2.8.H.
Restaurant and bar: An eating and drinking establishment that primarily provides food service but also attract a bar crowd into a separate bar area, and those customers may stay relatively late at night.
Restaurant, Fast food with or without drive-through: An eating and drinking establishment that has very high turnover of customers and generate far more traffic per square foot of floor area than any other type of restaurant.
Restaurants, limited: An eating and drinking establishment which may or may not serve alcoholic beverages but does not have a separate bar area.
Retail Sales and Service: See Sec. 98-10.2.9.F.
Roominghouse, Boardinghouse: See "boardinghouse, rooming house."
Rotating Thermal Shelter: A temporary cold weather shelter associated with a religious institution providing overnight accommodations for persons without an alternative form of shelter. These shelters operate on a rotating basis, generally with a two-week maximum stay per year, in association with other religious institutions.
Screening: See Sec. 98-5.4.8.
Self-service Storage: See Sec. 98-10.2.9.G.
Setback or building line: The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
Shallow flooding area: A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Short-Term Residential, Rental: The provision of a dwelling, or a room or space within a dwelling, to a transient by an individual who owns the dwelling and does not use the dwelling as his or her permanent residence that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.
Sign: Any device or visual communicator that is used for the purpose of bringing the subject thereof to the attention of the public (See also Sec. 98-5.6 for individual sign types).
Site Area: See Sec. 98-1.13.3.B.
Site Plan, Major: See Sec. 98-7.7.3.B.
Site Plan, Minor: See Sec. 98-7.7.3.A.
Site Plan: A plan prepared to scale, showing accurately and with complete dimensions, the boundaries of the site and the location of all buildings, streets, uses and principal site development features proposed for a specific parcel of land (See also Sec. 98-7.7).
Site: See Sec. 98-1.13.3.B.
Social Service Institutions: See Sec. 98-10.2.8.I.
Solar Farm: A utility-scale photovoltaic installation generating electricity for off-site use. Solar panels that are auxiliary to another use and which generate power primarily for use on-site are not considered solar farms and are allowed in all zoning districts.
Special flood hazard area: The land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in Article 3, Sec. 98-3.3.5 of this ordinance.
Specified anatomical areas: (1) Any human genitals, public region, buttocks or female breast below a point immediately above the top of the areola, which area is less than completely and opaquely covered; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities: (1) The fondling or intentional touching of human genitals, public region, buttocks, anus or female breast, whether covered or uncovered; (2) Sex acts, normal or perverted, actual or simulated, including masturbation, intercourse, oral copulation or sodomy; (3) Human genitals in a state of sexual stimulation, arousal or tumescence; and (4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
Start of construction: The date the building permit was issued, provided 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 stage 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, or 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 on any wall, ceiling, floor or other structural part of a building, whether or not the alteration affects the external dimensions of the building.
Story: That portion of a building 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.
Street centerline: Established survey centerline of all streets.
Street frontage: See Sec. 98-1.13.7.
Street line: A dividing line between a lot, tract or parcel of land and a contiguous street.
Street, arterial: A road intended to move through traffic to and from major attractions such as the central business districts, regional shopping centers, major places of employment, and educational and public facilities.
Street, collector: A road designed to collect traffic from local roads and carry it to arterial streets. A collector street generally serves a neighborhood or large subdivision.
Street: A public or private thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley.
Structural alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any complete rebuilding of the roof.
Structure: Anything constructed or erected which requires a location on the ground, or is attached to something having a location on the ground, including, but not limited to, advertising signs, billboards, fences, radio towers, gasoline pumps and swimming pools. For flood plain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement: Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market 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 a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
Telecommunications facility: Any site that is designed and constructed primarily for the purpose of supporting and including one or more antennas or microwave dishes, and including, but not limited to, telecommunications towers.
Telecommunications tower: Any structure that is designed and constructed primarily for the purpose of supporting and including one or more antennas or microwave dishes, and including, but not limited to, self-supporting lattice towers, guyed towers, man-made trees, monopole towers, telephone, radio and television transmission towers.
Transient: Any person who, for a period of not more than 30 consecutive days, either at his own expense or at the expense of another obtains lodging for which a charge is made at an overnight accommodation or homestay.
Unsubdivided parcel: Real property within the city that has not been divided into lots, tracts or parcels under Chapter 74.
Use by right: See "permitted use."
Utilities: See Sec. 98-10.2.8.J.
Variance: A variance from the terms of this Chapter authorized by the Board of Zoning Appeals pursuant to VA Code Ann., § 15.2-2286. (See also Sec. 98-7.14)
Vehicle sales and rental: An establishment engaged in the retail or wholesale sale or rental, from the premises, of motorized vehicles or equipment or mobile homes, along with incidental service or maintenance. Typical uses include new and used automobile sales, automobile rental, boat sales, boat rental, motorcycle sales, mobile home and recreational vehicle sales, construction equipment rental yards, moving trailer rental, and farm equipment and machinery sales and rental.
Vehicle Sales and Service: See Sec. 98-10.2.9.H.
Violation: For floodplain management purposes, violation also includes the failure of a structure or other development to be fully compliant with the regulations of Sec. 98-3.3.5. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sec. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. For zoning enforcement purposes, see Sec. 98-9.2.
Warehouse and freight movement: See Sec. 98-10.2.10.B.
Waste-related service: See Sec. 98-10.2.10.C.
Watercourse: A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
Waterway: Any portion of land of a natural stream carrying surface water having a bed and defined banks or side elevations which contain surface water.
Wholesale Trade: See Sec. 98-10.2.10.D.
Zoning district: See "district."
Zoning District Map: The official Zoning District Map of the City of Waynesboro, Virginia.
(Ord. No. 2012-31, 6-8-12; Ord. No. 2012-60, 8-2-12; Ord. No. 2017-43, 10-5-17; Ord. No. 2018-48, 7-5-18; Ord. No. 2019-49, 6-24-19; Ord. No. 2025-01, § 1, 12-9-24)
- DEFINITIONS
BMP: Best Management Practices.
BZA: Board of Zoning Appeals.
CC: City Council.
DBH: Diameter at Breast Height.
FAA: Federal Aviation Administration.
FCC: Federal Communications Commission.
FEMA: Federal Emergency Management Administration.
FT: Feet.
GFA: Gross floor area.
LID: Low impact development.
N/A: Not applicable.
NAICS: North American Industry Classification System (NAICS)(see http://www.naics.com for more info)
PC: Planning and Zoning Commission or Planning Commission.
PD: Planning Director.
SF: Square feet.
SRT: Site Review Team.
TIA: Traffic impact analysis.
USGS: United States Geologic Survey.
VDOT: Virginia Department of Transportation.
ZA: Zoning Administrator.
A.
Basis for Classification. Use categories classify land uses and activities based on similar functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties and site conditions. The use categories provide a systematic basis for assigning land uses to appropriate zoning districts.
B.
Principal Use Characteristics. A principal use is assigned to the use category that most closely corresponds to its nature as described in the "Characteristics" section of each use category.
C.
Similar Use Interpretations.
1.
Determination of the appropriate category for a proposed principal use shall be made by the Zoning Administrator in accordance with the provisions of subsection 2, below.
2.
The following shall be used to determine (1) the appropriate category for a use not specifically listed in the Use Table or the examples in the use category descriptions, and (2) whether a use is considered principal or accessory.
(a)
The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;
(b)
The relative amount of site area or floor space and equipment devoted to the activity;
(c)
Relative amounts of sales from each activity;
(d)
The customer type for each activity;
(e)
The relative number of employees in each activity;
(f)
Hours of operation;
(g)
Building and site arrangement;
(h)
Vehicles used and their parking requirements;
(i)
The relative number of vehicle trips generated;
(j)
Required signage;
(k)
How the use is advertised;
(l)
The likely impact on surrounding properties; and
(m)
Whether the activity is likely to be found independent of the other activities on the site.
3.
The Zoning Administrator may use the North American Industry Classification System to assist in the interpretation of similarity of uses.
4.
When considering appropriate districts for a use not listed in the Use Table, the district purpose statements of the respective districts shall be taken into consideration.
Developments with multiple principal uses shall conform to the following.
A.
When all principal uses of a development fall within one use category, the entire development is assigned to that use category.
B.
When the principal uses of a development fall within different use categories, each principal use is classified in the applicable use category and each use is subject to all applicable regulations for that use category.
C.
Developments with multiple principal uses (such as shopping centers) shall incorporate only those uses allowed in the underlying district.
Accessory uses are allowed by right, but only in conjunction with a principal use, unless otherwise stated elsewhere in this Chapter. Unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions.
The "Examples" section of each use category lists uses common to that use category.
A.
The examples provided are not all-inclusive, but describe the types of uses that are common to that category. Similar uses may also be permitted upon determination by the Zoning Administrator that they are appropriate for that use category.
B.
The names of these sample uses are generic and are based on common meanings, not on what a specific use may call itself. For example, a use that calls itself "Wholesale Warehouse," but sells mostly to retail consumers, is included in the Retail Sales and Service category rather than the Wholesale Trade category.
The "Uses Not Included" section provides cross-references to uses that may appear to be part of a particular category, but which are explicitly handled in a different use category.
The following tables describe the characteristics of categories of uses, examples from each category, common accessory uses and uses that are not part of a given use category. These tables are descriptive and the examples listed are not all-inclusive. Determination of the appropriate category for a proposed principal use or accessory not specifically listed will be made by the Zoning Administrator in accordance with Sec. 98-10.2.1.C, Similar use interpretations.
A.
Household Living.
B.
Group Living.
1
North American Industry Classification System (see http://www.naics.com for more information)
2
North American Industry Classification System (see http://www.naics.com for more information)
A.
Community Service.
B.
Day Care.
C.
Educational Facilities.
D.
Government Facilities.
E.
Medical Facilities.
F.
Parks and Open Areas.
G.
Passenger Terminal and Services.
H.
Religious Institutions.
I.
Social Service Institutions.
1 North American Industry Classification System (see http://www.naics.com for more information)
J.
Utilities.
A.
Eating Establishments.
B.
Entertainment.
C.
Offices.
D.
Overnight Accommodations.
E.
Parking, Commercial.
F.
Retail Sales and Service.
G.
Self-Service Storage.
H.
Vehicle Sales and Service.
(Ord. No. 2023-01, § 3, 1-23-23)
A.
Light Industrial Service.
B.
Warehouse and Freight Movement.
C.
Waste-Related Service.
D.
Wholesale Trade.
E.
Heavy Industrial.
A.
Agriculture
(Ord. No. 2012-31, 6-8-12; Ord. No. 2017-43, 10-5-17; Ord. No. 2018-47, 7-5-18; Ord. No. 2018-48, 7-5-18)
Abut or Abutting: Same as contiguous.
Accessory Building, Structure or Use: A detached building, structure, or use on the same lot with, or of a nature customarily incidental or subordinate to, and of a character related to the principal use or structure (See also Sec. 98-4.6).
Adult bookstore: A bookstore that devotes more than 15 percent of the total floor area for the display and sale of the following: (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records or other forms of visual or audio representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or; (2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. The term adult bookstore shall not include a bookstore that sells adult books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than 15 percent of the total floor area of the establishment to the sale of books or periodicals.
Adult entertainment establishment: (1) A restaurant, nightclub, bar, cabaret, lounge, club or other establishment, whether private or open to the public, which features adult entertainment; and (2) Any commercial establishment, including, but not limited to, a restaurant, nightclub, bar, cabaret, lounge, club or other establishment, which, as its primary business, offers for sale any book, publication or film which depicts nudity, or sexual conduct or which offers services such as bath houses, massage parlors, wrestling parlors or similar activities.
Adult entertainment: Live performances by topless and/or bottomless dancers, strippers or similar entertainers, characterized by the display or exposure of specified anatomical areas.
Adult massage parlor: Any place where, for any form of consideration or gratuity, a massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as a part of or in connection with specified sexual activities or where any person providing such treatment, manipulation, or service related thereto, exposes any of his or her specified anatomical areas.
Adult model studio: Any establishment, where, for any form of consideration or gratuity, figure models who display specified anatomical areas exhibit themselves to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. The following is excluded from this definition: any school of art which is authorized under the laws of the State to issue and confer a diploma.
Adult motion picture theatre: A theater, concert hall, auditorium or similar commercial establishment, where, for consideration, any films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical area for observation by patrons. Movies rated G, PG, PG-13, R or N-C by the Motion Picture Association of America, or live theatrical performances with serious artistic, social or political value, that depict or describe specified anatomical areas, are expressly exempt from regulation under this Chapter.
Adult use: Any business or establishment subject to the definitions and regulations of this section, including, adult bookstore, adult entertainment establishment, adult massage parlor, adult model studio and adult motion picture theater.
Advertising sign: Any structure, surface or wall used to advertise to the public the name of the business, or any service or product being offered for sale, on the premises.
Agriculture: See Sec. 98-10.2.11.A.
Alley: A passage or way open to public travel, affording generally a secondary means of vehicular access to abutting lots and not intended for general traffic circulation.
Alternative telecommunications structure: Buildings, clock towers, bell steeples, electric poles, utility poles, water storage tanks, and other similar alternative-design mounting structures that are used for the purpose of supporting and obscuring the presence of antennas.
Animal concentration: The keeping for commercial purposes of more than one animal unit per acre.
Animal unit: The equivalent to one head of beef or slaughter cattle. For the purpose of this Chapter the following equal one animal unit: 1 head of beef or slaughter cattle, 1 dairy cow, 2 calves less than one year old, 1 buffalo, 1 llama, 1 horse, 1 mule, 5 sheep, 5 goats, 2 swine, 2 deer, 125 chickens, 75 turkeys, 3 ostriches or 100 rabbits.
Antenna: Any exterior apparatus designed for telephonic, radio, or television communications through the sending, or receiving or both of electromagnetic waves.
Arterial STREET: See "Street, Arterial."
Auto body or upholstery shop: A use providing automotive body or upholstery repairs, or automotive painting services.
Base flood elevation (BFE): The Federal Emergency Management Agency-designated 100-year water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the City of Waynesboro's Flood Insurance Rate Map. For the purposes of this Chapter, the 100-year flood or one percent annual chance flood.
Base flood/100-year flood: The flood having a one percent chance of being equaled or exceeded in any given year.
Basement:A story having at least one-half its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for business or dwelling purposes by those other than a janitor employed on the premises.
Bed and breakfast: A building containing up to five guest rooms for an overnight stay which are rented at a daily rate and where breakfast is typically the only meal served to guests. (See also Sec. 98-4.4.4.)
Boardinghouse, rooming house: A building other than a hotel/motel, where for compensation and by prearrangement for definite periods, meals, lodging or both lodging and meals are provided. (See also Sec. 98-4.2.9).
Brewpub: An eating and drinking establishment (restaurant) with a small brewery on the premises producing alcohol beverages, where the majority of the alcohol produced is consumed on the premises. Production is limited to 3,000 barrels annually.
Buffer: See Sec. 98-5.4.5.
Building Code: The Virginia Uniform Statewide Building Code, as amended.
Building Line: The edge of a building closest to the street.
Building Official: The Building Official for the City-appointed by the Zoning Administrator to administer this Chapter and other related regulations.
Building or structure: Any structure having a roof supported by columns or walls.
Certificate of Appropriateness: See Sec. 98-3.3.3.F.
Child Care Center: An establishment which is licensed or approved to operate as a child care center in the Commonwealth of Virginia, enrolling six or more children for whose care tuition, fees or other forms of compensation are charged. (See also Sec. 98-4.3.2)
Circuit Court: The Circuit Court of the City of Waynesboro.
Cluster Residential Development: See Sec. 98-2.5.5.
Code of Development: A generalized concept plan in accordance with Sec. 98-3.2.2.
Coffee Shop: An eating and drinking establishment that is typically open only for lunch and breakfast and may operate 24 hours per day, but they typically do not offer alcoholic beverages, and customers typically do not stay more than 30 or 45 minutes.
Collector Street: See "Street, Collector."
Common Signage Plan: See Sec. 98-5.6.12.
Community Service: See Sec. 98-10.2.8.A.
Complex: See Sec. 98-4.1.
Comprehensive Plan: The Comprehensive Plan of the City of Waynesboro, including all amendments to date.
Conditional use: See Sec. 98-7.6.
Condominium Project: A plan or project whereby four or more apartments, rooms, office space or other units existing or proposed, whether the unit involves a single structure, attached or detached from other units or is in one or more multiple-unit structure, on a contiguous parcel of real estate, are offered or proposed to be offered for sale.
Condominium: The ownership of a single unit in a multiple unit structure with common elements in a condominium project.
Contiguous: To physically touch or border upon; or to share a common property line or border. Unless otherwise expressly stated, this definition does not include lots or parcels on the opposite side of a street.
Conventional Residential Development: See Sec. 98-2.5.4.
Cottage Court: A cottage court is a group of small detached houses, attached houses, townhouses (limit of four attached units per structure and up to 50 percent of development), or tiny homes fronting around a common space. A cottage court may be developed on individual lots or with a common form of ownership.
Day Care: See Sec. 98-10.2.8.B.
Dental Clinic: An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of dentists practicing dentistry together.
Department Of Finance: The Department of Finance of the City of Waynesboro.
Design flood elevation: The base flood elevation plus one foot.
Development, Multiple-Family: See multiple-family development.
Development: Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment and materials.
Director of Public Works: The City of Waynesboro Director of Public Works.
District, General Zoning: See Article 2.
District, Overlay: See Sec. 98-3.3.
District, Planned Unit Development: See Sec. 98-3.2.
Dwelling unit: A building, or portion thereof, providing complete and permanent living facilities for one household and includes the following (See also Sec. 98-2.3).
Single-family detached
Single-family attached
Two-family houses (duplex)
Corner lot duplexes
Multiplexes
Zero lot line houses
Townhouses
Multifamily building
Upper-story residential
Eating Establishment: See Sec. 98-10.2.9.A.
Educational Facilities: See Sec. 98-10.2.8.C.
Elevated building: A non-basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, or columns (posts and piers).
Encroachment: For floodplain management purposes, the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
Entertainment: See Sec. 98-10.2.9.B.
Family or household: One or more persons related by blood, adoption, or marriage, living together as a single housekeeping unit, exclusive of household servants. A number of persons not exceeding eight, living together as a single housekeeping unit, though not related by blood, adoption, or marriage, shall be deemed to constitute a family, as shall a foster care home, approved by the State.
Farm: A tract of land used for the production of crops or the rearing of animals.
Flashing Light: A flashing light is a rhythmic light in which the total duration of the light in each period is clearly shorter than the duration of the darkness and in which the flashes of light are all of equal duration.
Flood Insurance Rate Map (FIRM): An official map of a community, on which the Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).
Flood Insurance Study (FIS): An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.
Flood or Flooding: (1) A general and temporary condition of partial or complete inundation of normally dry land areas from: (a) the overflow of inland or tidal waters; (b) the unusual and rapid accumulation or runoff of surface waters from any source. (c) mudslides, i.e. mudflows, which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. (2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding.
Flood proofing: Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
Floodplain Administrator: See Sec. 98-6.7.
Floodplain or Floodprone: Any land area susceptible to being inundated by water from any source.
Floodway: The designated area of the floodplain required to carry and discharge floodwaters of a given magnitude without raising the 100-year flood elevation more than one foot. For the purposes of this Chapter, the floodway would be established based upon a hydrological study of a particular watercourse.
Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums will be significantly cheaper.
Government Facilities: Sec. 98-10.2.8.D.
Grade: The average level of the natural or finished ground surface adjacent to a fence or wall, sign, structure or the exterior walls of a building which face a street.
Gross Acre or Land Area: All land area within the boundaries of a lot or site.
Group home/other: A residential care facility for the mentally ill, intellectually disabled, or developmentally disabled where such persons reside, along with resident counselors or other staff persons, which is licensed by the Department of Behavioral Health and Developmental Services. (See also Sec. 98-4.2.10)
Group home/senior: A dwelling unit with a limited number of persons over the age of 61 living with not more than one caretaker as a functional family. (See also Sec. 98-4.2.11)
Group Living: See Sec. 98-10.2.7.B.
Heavy Industrial: See Sec. 98-10.2.10.E.
Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Historic structure: Any structure that is: (1) Listed individually in the National Register of Historic Places, a listing maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or (3) Individually listed on a State inventory of historic places.
Home occupation: See Sec. 98-4.6.11.
Homestay: The provision of a room or space in a dwelling to a transient by an individual who owns the dwelling and uses the dwelling as his or her permanent residence that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.
Hospital: An institution providing human health services primarily for in-patient medical and surgical care for the physically or mentally sick and injured and including related support facilities such as laboratories, out-patient departments, staff offices, food services, and gift shop.
Hotel/Motel: A building containing one or more guest rooms for overnight guests and containing registration facilities, on-site management, cleaning services and combined utilities.
Household: See "Family."
Household Living: See Sec. 98-10.2.7.A.
Inn: A lodging establishment providing overnight accommodations with 6 or more but less than 20 guest bedrooms in accordance with the applicable requirements of Sec. 98-4.4.4.
Industrialized Building: A combination of one or more sections of modules, subject to state regulations and including the necessary electrical, plumbing, heating, ventilating, and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, to comprise a finished building.
Institution: A nonprofit corporation or nonprofit establishment for public use, but classification as such in and of itself does not allow group residential, hospital or other medical care facility, penal facility, or mental treatment facility uses unless such use or uses are themselves classified as by-right or authorized as a permitted conditional use in the zoning district in question.
Junk: Scrap metals or other scrap materials, or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
Junkyard: Any lot used for storage of junk, or the keeping or abandonment of junk, including "automobile graveyards as defined in State law.
Kennel: An establishment engaged in boarding, breeding, buying, selling, grooming or training of pet animals.
Library: Structure, either publicly or privately owned, used for collection and storage of books, periodicals, and similar materials, and providing facilities for reading, research and/or borrowing of the collected materials.
Light Industrial Service: See Sec. 98-10.2.10.A.
Loading and Unloading Area: A completely off-street space on the same lot for the loading or unloading of freight carriers with ingress and egress to a street or alley (See also Sec. 98-5.1.8).
Lot area: See Sec. 98-1.13.3.A.
Lot of record: A lot which has been recorded in the office of the Clerk of the Circuit Court.
Lot width: See Sec. 98-1.13.4.
Lot, corner: A lot abutting upon two or more streets at their intersection.
Lot, through: A lot abutting two nonintersecting streets.
Lot: A lot of record occupied or intended for occupancy by a use, including the yards and parking spaces, and having its principal frontage upon a street or upon an officially approved place. (See also Sec. 98-1.13.3.A)
Lowest floor: The 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 other than a basement 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 applicable non-elevation design requirements of Federal Code 44CFR Sec. 98-60.3.
Low-Impact Development (LID): A site design strategy with the goal of maintaining or replicating the pre-development hydrologic regime through the use of design techniques to create a functionally equivalent hydrologic site design. Through the use of LID techniques, hydrologic functions of storage, infiltration and ground water recharge, as well as the volume and frequency of discharges are maintained through the use of integrated and distributed micro-scale stormwater retention and detention areas, reduction of impervious surfaces, and the lengthening of runoff flow paths and flow time. Other strategies include the preservation/protection of environmentally sensitive site features such as riparian resource areas, wetlands, steep slopes, mature woodlands, floodplains, and highly permeable soils.
Mail-Order House: This industry comprises establishments primarily engaged in retailing all types of merchandise using non-store means, such as catalogs, toll free telephone numbers, or electronic media, such as interactive television or computer. Included in this industry are establishments primarily engaged in retailing from catalog showrooms or mail-order houses.
Manufactured home park or subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Manufactured Home Park: Any plat of ground upon which two or more manufactured homes, occupied for dwelling purposes, are located, regardless of whether a charge is made for such accommodations.
Manufactured home sales: An establishment for the display (inside or outside a building), retail or wholesale sale, or direct delivery to the purchaser of new or used manufactured homes or trailers.
Manufactured home subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Manufactured home: A HUD-approved manufactured home constructed after July 1, 1976, 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 utilities; and includes the plumbing, heating, air conditioning and electrical systems contained in the structure. (See also Sec. 98-4.2.7) For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days, but does not include a recreational vehicle.
Medical clinic: An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by a group of physicians practicing medicine together.
Medical Facilities: See Sec. 98-10.2.8.E.
Micro-Brewery: A facility for the production and packaging of alcoholic beverages for distribution, retail, wholesale, on or off premises, and producing no more than fifteen thousand (15,000) barrels per year and which meets all alcohol beverage control laws and regulations.
Mini-Warehouse: A facility which consists of two or more individual units of 300 square feet or less, each of which is rented solely to store household goods and personal effects as defined in VA Code Ann. 58.1-3504; tangible personal property employed in a trade or business as defined in VA Code Ann. 58.1-3503.A.17 and inventory of stock on hand as that term is used in VA Code Ann. 58.1-3510.A; and motor vehicles or boats, provided that under no circumstances may radioactive materials, explosives, and flammable or hazardous materials be stored therein.
Mobile Home: A portable manufactured housing unit built before June 15, 1976 designed for transportation on its own chassis and placement on a temporary or semi-permanent foundation having a measurement of over 32 feet in length and over eight feet in width.
Multiple-family development: Residential development that includes multiplexes, townhouses and/or multifamily buildings.
Museum: Establishment for the display of art or historic or science objects.
Net Acre or Land Area: Land area with streets, rights-of-way, driveways which serve as access to more than two units or uses not included in its measurement.
New construction: For purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
Nonconformity: See Article 8.
Nursing or Convalescent Home: A facility, however named, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for three or more persons unrelated to the licensee. A nursing home is a home for chronic or convalescent patients, who, on admission, are not as a rule, acutely ill and who do not usually require special facilities such as an operating room, X-ray facilities, laboratory facilities, and obstetrical facilities. A nursing home provides care for persons who have remedial ailments or other ailments, for which medical and nursing care are indicated; who, however, are not sick enough to require general hospital care. Nursing care is their primary need, but they will require continuing medical supervision.
Office: See Sec. 98-10.2.9.C.
Operator: The proprietor of any dwelling, lodging, or sleeping accommodations offered as a homestay or short-term residential rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other possessory capacity.
Overnight Accommodation: See Sec. 98-10.2.9.D.
Parking lot: An area not within a building, where motor vehicles may be stored for the purpose of temporary, daily or overnight parking. (See also Sec. 98-5.1)
Parking, Commercial: See Sec. 98-10.2.9.E.
Parks and Open Areas: See Sec. 98-10.2.8.F.
Passenger Terminal and Service: See Sec. 98-10.2.8.G.
Permitted Use: A use permitted by right in the respective district, subject to the specific use standards in Article 4 and all other applicable requirements of this Chapter. (See also Sec. 98-2.4.1.A)
Pervious Area or Surface: Ground treatments which will allow the infiltration of water, air and nutrients to root systems of adjacent plant material which lie directly under the ground treatment.
Planned Unit Development: A form of development characterized by a Code of Development, a unified site design for a variety of housing types and densities, clustering of buildings, common area, and a mix of building types and land uses in which project planning and density calculation are performed for the entire development rather than on an individual lot basis.
Planning Department: The City of Waynesboro Department of Planning.
Porch: A covered open living space, open to the outside on two or more sides
Premises: A parcel of land, together with any building or structures occupying it.
Principal Building, Use or Structure: The main use of a lot, or the building or structure in or on which the main use of the lot takes place.
Private Club: Any establishment that is organized and operated solely for a social, recreational, patriotic or fraternal purpose that is not open to the general public, but is open only to the members of the organization and their bona fide guests. The definition of private clubs does not include adult uses, night clubs or other institutions operated as a business.
Professional office: Any office for the practice of a profession, including, but not limited to, architecture, engineering, law, medicine, psychology, theology, real estate, and accounting.
Qualified Engineer: A professional engineer licensed in the State of Virginia.
Recreational vehicle: A vehicle which is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (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.
Religious Institutions: See Sec. 98-10.2.8.H.
Restaurant and bar: An eating and drinking establishment that primarily provides food service but also attract a bar crowd into a separate bar area, and those customers may stay relatively late at night.
Restaurant, Fast food with or without drive-through: An eating and drinking establishment that has very high turnover of customers and generate far more traffic per square foot of floor area than any other type of restaurant.
Restaurants, limited: An eating and drinking establishment which may or may not serve alcoholic beverages but does not have a separate bar area.
Retail Sales and Service: See Sec. 98-10.2.9.F.
Roominghouse, Boardinghouse: See "boardinghouse, rooming house."
Rotating Thermal Shelter: A temporary cold weather shelter associated with a religious institution providing overnight accommodations for persons without an alternative form of shelter. These shelters operate on a rotating basis, generally with a two-week maximum stay per year, in association with other religious institutions.
Screening: See Sec. 98-5.4.8.
Self-service Storage: See Sec. 98-10.2.9.G.
Setback or building line: The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
Shallow flooding area: A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Short-Term Residential, Rental: The provision of a dwelling, or a room or space within a dwelling, to a transient by an individual who owns the dwelling and does not use the dwelling as his or her permanent residence that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.
Sign: Any device or visual communicator that is used for the purpose of bringing the subject thereof to the attention of the public (See also Sec. 98-5.6 for individual sign types).
Site Area: See Sec. 98-1.13.3.B.
Site Plan, Major: See Sec. 98-7.7.3.B.
Site Plan, Minor: See Sec. 98-7.7.3.A.
Site Plan: A plan prepared to scale, showing accurately and with complete dimensions, the boundaries of the site and the location of all buildings, streets, uses and principal site development features proposed for a specific parcel of land (See also Sec. 98-7.7).
Site: See Sec. 98-1.13.3.B.
Social Service Institutions: See Sec. 98-10.2.8.I.
Solar Farm: A utility-scale photovoltaic installation generating electricity for off-site use. Solar panels that are auxiliary to another use and which generate power primarily for use on-site are not considered solar farms and are allowed in all zoning districts.
Special flood hazard area: The land in the floodplain subject to a one percent or greater chance of being flooded in any given year as determined in Article 3, Sec. 98-3.3.5 of this ordinance.
Specified anatomical areas: (1) Any human genitals, public region, buttocks or female breast below a point immediately above the top of the areola, which area is less than completely and opaquely covered; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities: (1) The fondling or intentional touching of human genitals, public region, buttocks, anus or female breast, whether covered or uncovered; (2) Sex acts, normal or perverted, actual or simulated, including masturbation, intercourse, oral copulation or sodomy; (3) Human genitals in a state of sexual stimulation, arousal or tumescence; and (4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
Start of construction: The date the building permit was issued, provided 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 stage 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, or 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 on any wall, ceiling, floor or other structural part of a building, whether or not the alteration affects the external dimensions of the building.
Story: That portion of a building 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.
Street centerline: Established survey centerline of all streets.
Street frontage: See Sec. 98-1.13.7.
Street line: A dividing line between a lot, tract or parcel of land and a contiguous street.
Street, arterial: A road intended to move through traffic to and from major attractions such as the central business districts, regional shopping centers, major places of employment, and educational and public facilities.
Street, collector: A road designed to collect traffic from local roads and carry it to arterial streets. A collector street generally serves a neighborhood or large subdivision.
Street: A public or private thoroughfare which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley.
Structural alterations: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any complete rebuilding of the roof.
Structure: Anything constructed or erected which requires a location on the ground, or is attached to something having a location on the ground, including, but not limited to, advertising signs, billboards, fences, radio towers, gasoline pumps and swimming pools. For flood plain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement: Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market 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 a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
Telecommunications facility: Any site that is designed and constructed primarily for the purpose of supporting and including one or more antennas or microwave dishes, and including, but not limited to, telecommunications towers.
Telecommunications tower: Any structure that is designed and constructed primarily for the purpose of supporting and including one or more antennas or microwave dishes, and including, but not limited to, self-supporting lattice towers, guyed towers, man-made trees, monopole towers, telephone, radio and television transmission towers.
Transient: Any person who, for a period of not more than 30 consecutive days, either at his own expense or at the expense of another obtains lodging for which a charge is made at an overnight accommodation or homestay.
Unsubdivided parcel: Real property within the city that has not been divided into lots, tracts or parcels under Chapter 74.
Use by right: See "permitted use."
Utilities: See Sec. 98-10.2.8.J.
Variance: A variance from the terms of this Chapter authorized by the Board of Zoning Appeals pursuant to VA Code Ann., § 15.2-2286. (See also Sec. 98-7.14)
Vehicle sales and rental: An establishment engaged in the retail or wholesale sale or rental, from the premises, of motorized vehicles or equipment or mobile homes, along with incidental service or maintenance. Typical uses include new and used automobile sales, automobile rental, boat sales, boat rental, motorcycle sales, mobile home and recreational vehicle sales, construction equipment rental yards, moving trailer rental, and farm equipment and machinery sales and rental.
Vehicle Sales and Service: See Sec. 98-10.2.9.H.
Violation: For floodplain management purposes, violation also includes the failure of a structure or other development to be fully compliant with the regulations of Sec. 98-3.3.5. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Sec. 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. For zoning enforcement purposes, see Sec. 98-9.2.
Warehouse and freight movement: See Sec. 98-10.2.10.B.
Waste-related service: See Sec. 98-10.2.10.C.
Watercourse: A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
Waterway: Any portion of land of a natural stream carrying surface water having a bed and defined banks or side elevations which contain surface water.
Wholesale Trade: See Sec. 98-10.2.10.D.
Zoning district: See "district."
Zoning District Map: The official Zoning District Map of the City of Waynesboro, Virginia.
(Ord. No. 2012-31, 6-8-12; Ord. No. 2012-60, 8-2-12; Ord. No. 2017-43, 10-5-17; Ord. No. 2018-48, 7-5-18; Ord. No. 2019-49, 6-24-19; Ord. No. 2025-01, § 1, 12-9-24)