For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

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.

Administrator means the official charged with the enforcement of this chapter. He may be an appointed or elected official who is by formal resolution designated to the position by the governing body. He may serve with or without compensation as determined by the governing body.

Agriculture means the tilling of the soil, the raising of crops, horticulture, forestry and gardening, including the keeping of animals and fowl.

Alley means a public right-of-way which affords only a secondary means of vehicular access to the side or rear of property.

All-weather surface means crushed rock, gravel or similar surface.

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

Amendment means a change in this chapter or the zoning map granted by the town council after review and comment by the town planning commission and appropriate public hearings.

Apartment house. See "dwelling, multifamily dwelling."

Architect, registered, means a licensed professional architect, registered in the state by the state board for architects, professional engineers, land surveyors and landscape architects as an "architect."

Automobile parking lot, commercial, means a lot or portion thereof, other than an automobile sales lot, held out or used for the storage or parking of motor vehicles for a consideration, where service or repair facilities are not permitted. Such parking lot shall not be considered an accessory use, nor shall it be used for the storage of dismantled or wrecked motor vehicles, parts thereof or junk.

Automobile sales lot means a lot arranged, designed or used for the storage and display for sale of any new or used motor vehicle capable of independent operation or any type of travel trailer and recreation vehicle, provided the travel trailer and recreation vehicle is unoccupied, and where repair work is done wholly enclosed within a building.

Automobile service station means any place of business with pumps and underground storage tanks, having as its purpose the servicing, at retail, of motor vehicles with fuels and lubricants, and including minor repairs and inspections incidental thereto, but not including a general repair shop, paint or body shop, machine shop, vulcanizing shop or any operation requiring the removal or installation of radiator, engine, cylinder head, crankcase, transmission, differential, fenders, doors, bumpers, grills, glass or other body parts, or any body repairing or painting. All repairs shall be conducted within a fully enclosed building.

Basement means a story having part but not more than one-half of its height below the average grade. A basement shall be counted as a story for the purpose of height regulation. (See "cellar.")

Bed and breakfast means a home occupation use of a single-family dwelling consisting of rooms maintained for the purpose of providing overnight sleeping accommodations and breakfast for paying guests, and subject to the provisions of section 90-377.

Boardinghouse means a building where, for compensation, lodging and meals are provided for up to 13 persons inclusive. A boardinghouse is to be distinguished from a hotel. No provisions shall be made for cooking in individual rooms or suites. For the purposes of this chapter, a boardinghouse is a lodginghouse.

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

Building, height of, means the vertical distance from the grade plane to the average height of the highest roof surface. In the case of sloped roofs, the average height of the roof is to be used as the upper point, rather than the eave line or ridge line.

Building inspector means an official designated by the town to be responsible for certifying building inspections.

Building, main, means the principal building on a lot or the building housing the principal use on the lot.

Bulk means the size of buildings, measured in terms of volume and height.

Carport means any space outside a building and contiguous thereto, wholly or partly covered by a roof and used for the shelter of parked motor vehicles. A carport is to have no enclosure, other than the side of the building to which the carport is contiguous, that is more than 18 inches in height, exclusive of screens.

Carwash means a structure, or portion thereof, containing facilities for washing motor vehicles, using production line, automated or semiautomated methods for washing, whether or not employing a chain conveyor, blower, steam cleaning or similar mechanical devices. In accordance with the provisions of this chapter, carwashes shall only be permitted by special permits in a B-2 (highway commercial) district.

Cellar means the part of a building having more than one-half of its height below the average grade. A cellar shall not be deemed a story in calculation of building height.

Certificate of use and occupancy means a written statement, based on an inspection and signed by the zoning administrator, setting forth that a building, structure, sign or land complies with this chapter or that a building, structure, sign or land may be lawfully employed for specific uses, or both, as set forth therein.

Circuit court means the circuit court of the county.

Clinic, medical/dental, means an establishment operated and conducted by a group of physicians or dentists practicing medicine or dentistry together, where patients who are not lodged overnight are admitted for examination and treatment.

Commercial center means a grouping of commercial enterprises offering a range of retail goods, services and offices with an aggregate of 10,000 square feet or more gross floor area which has two or more of the following characteristics: (a) is designed as a single commercial group, whether or not located on the same lot; (b) is under one common ownership or management, or has one common arrangement for the maintenance of the grounds; (c) is connected by party walls, partitions, covered canopies, or other structural members to form one continuous structure; (d) shares a common parking area; (e) otherwise presents the appearance of one continuous commercial area.

Common open space means an open tract or parcel of land owned in undivided interest, not devoted to structures but directly related and adjunct to a development, as provided in this chapter.

Comprehensive plan means the official document adopted by the town council, known as the Woodstock Comprehensive Plan.

Coverage means the percent of total lot areas that may be occupied by buildings and structures.

District means a division of territory within the town within which certain uniform regulations and requirements apply under the provisions of this chapter.

Drive-in restaurant means any place or premises used for the sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages in motor vehicles on the premises; a refreshment stand; or a fast food or primarily a carryout establishment.

Dwelling means any structure which is designed for residential purposes, except hotels, boardinghouses, lodginghouses, tourist cabins, motels, mobile homes, trailers and tourist homes.

(1)

Single-family detached dwelling means a building arranged, designed or intended for occupancy exclusively by one family, such building being surrounded by open space on all four sides within the same lot.

(2)

Two-family dwelling means a building arranged, designed and intended for occupancy by two families living independently of each other and doing their own cooking therein, one unit being above the other or alongside (having one wall in common), or two dwelling units on the same floor in one building.

(3)

Two-family (duplex) dwelling means a semidetached dwelling and being one of two buildings, arranged or designed as dwellings located alongside the other on abutting walls without openings and with each building having a separate lot with minimum dimensions as required by district regulations in this chapter.

(4)

Multifamily dwelling means a structure arranged or designed to be occupied by more than two families, living independently of each other and doing their own cooking and having their own sanitary facilities.

a.

Townhouse means a building consisting of dwelling units arranged, designed, intended for and occupied exclusively by one family, such building consisting of one of a group of not less than three nor more than eight attached dwelling units with a semidetached dwelling unit on each end thereof being included within the aforesaid minimum and maximum numbers; each dwelling unit shall be separated by an unpierced partition and contain at least two and not more than three stories.

b.

Apartment house means a building used or intended to be used as a dwelling by more than two families, living independently of each other and doing their cooking therein. For the purposes of this chapter, the term "apartment" shall not be construed to mean a garden apartment. Apartments are permitted by right in R-3 and B-1 districts and in accordance with other provisions of this chapter.

c.

Garden apartment or condominium means a multifamily structure, not exceeding three stories in height, containing not less than three nor more than eight separate dwelling units, on a minimum parcel of two acres, having yards in common and which may also have other joint facilities and services in common. For the purposes of this chapter, the term "garden apartment" shall not be construed to mean an apartment house. Garden apartments and condominiums shall only be permitted as developments by a special permit in R-3 districts and must also meet other provisions of this chapter. This shall not include interval ownership or time-sharing arrangements.

d.

Multi-family stacked (MFST): Commonly referred to as "stacked townhomes", "one-over-twos", and "two-over-twos." A grouping of dwelling units where each unit within the grouping has its own ground floor entrance or shares a ground floor entrance with only an adjacent unit. At least one dwelling unit within the grouping contains two or more stories and is situated over or under another dwelling unit. Stacked Townhome means a building consisting of dwelling units arranged, designed, intended for and occupied exclusively by one family, such building consisting of one of a group of not less than three nor more than sixteen attached dwelling units; each dwelling unit shall be separated by an unpierced partition, not to exceed four floors.

(e)

Cottage apartment or condominium (CAC) means multiple single family detached dwellings located on a common parcel for rent or sale. If the cottage apartment or condominium development is to be rented as apartments, the parcel, buildings and any amenities shall be under common ownership. For the condominium option, everything shall be under common ownership with the exception of the living area in each building. The use in this type of development shall not include interval ownership, time-sharing arrangements or short term rental. If the cottage apartment or condominium development will be condominiums, provisions shall be included for an owners' association or organization to provide maintenance and ownership of common areas and open space areas.

(5)

Courtyard home means a single-family detached dwelling, on its own lot, located in a grouping of at least four such units, intended to be used as a residence for small families who do not desire the maintenance associated with large lots. Courtyard home developments shall include provisions for an owners association or organization to provide maintenance and ownership of common areas and open space areas.

Easement means a grant by a property owner of the use of his land by another person for a specific purpose. The initial property owner in the agreement may be compensated for the use of his property.

Engineer, registered, means a licensed professional engineer, registered in the state by the state board for architects, professional engineers, land surveyors and landscape architects as an "engineer."

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

Fence means a freestanding structure of metal, masonry, composition, wood or any combination thereof resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes.

Financial institution means any building wherein the primary occupation is concerned with such state-regulated businesses as banking, savings and loans, loan companies and investment companies.

Fine art studio means, when used in connection with "use" and "occupancy", a use or occupancy by persons generally engaged in the fine arts of painting, sculpture, collage, decollage, assemblage, installation, music, dance, theatre, film, photography, ceramic art and conceptual art; where fine art products are created, displayed and sold on or off site. For fine art studios requiring a special use permit, signage will be addressed as part of the special use permit process.

Floodplain means sections of land which are subject to periodic flooding and inundation, as defined or approved by the Department of Housing and Urban Development and/or the Army Corps of Engineers and the town comprehensive plan.

Frontage means the minimum width of a lot, measured from one side lot line to the other along a 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 herein.

Garage, private, means an accessory building designed or used for the storage of private automobiles owned and used by the occupants of the building to which the garage is an accessory. For the purposes of this chapter, private garages or carports attached to the main building or within five feet of the main structure shall be considered part of the principal structure.

Garage, public, means a building or portion thereof, other than a private garage, designed or used for servicing, repairing (including bodywork), equipment, renting, selling or storing motor vehicles.

Garden apartment. See "dwelling, multifamily dwelling."

Gasoline service station. See "automobile service station."

Governing body means the town council.

Halfway house means a residential facility for persons on release from more restrictive custodial confinement where supervision, rehabilitation and counseling are provided to mainstream residents back into society, enabling them to live independently.

Hard surface means concrete, blacktop and macadam, or a similar surface meeting the specifications of the state department of transportation.

Health official means the legally designated health authority of the state board of health for the county, or his authorized representative.

Home occupation means an accessory use conducted within a dwelling unit by residents of that unit which is clearly incidental and secondary to the principal residential dwelling use.

Hospital means an institution rendering medical, surgical, obstetrical or convalescent care, including nursing homes, homes for the aged and sanitoriums, but in all cases excluding institutions primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts. (Certain nursing homes and homes for the aged may be "home occupations" if they comply with the definition herein.)

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

Institutional use means that the primary activity on a parcel includes medical, educational or governmental activities (including government parks and recreational activities and facilities); an establishment whose purpose is of a civic, educational, charitable, religious or philanthropic nature.

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

Lodginghouse. See "boardinghouse."

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

Lot area means an area of land which is determined by the limits of the property lines bounding that area and expressed in square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

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

Lot coverage means the maximum area of a lot which may be covered by all buildings and other impervious material, unless otherwise specified.

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

Lot, double frontage (through lot), means an interior lot having frontage on two streets.

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

Lot line means any line dividing one lot from another.

Lot of record means a lot, a plat or description of which has been recorded in the office of the clerk of the circuit court of the county.

Lot, width of, means the horizontal distance between side lot lines, measured at the setback line.

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

Marquee means a roof-like structure or awning projecting over an entrance, as to a theater.

Mobile home means a vehicular, portable dwelling structure, designed as a permanent residence, fully equipped with living quarters, including sleeping accommodations, a flush toilet, a tub or showerbath and kitchen facilities with plumbing and electrical connections, major appliances and furniture, other equipment and appurtenances, manufactured as a double, expandable or nonexpandable unit in accordance with U.S.A.-A119.1 Standard for Mobile Homes 1972 currently in use or as may be amended by the U.S.A. Committee on Mobile Homes and Travel Trailers. It shall be further defined as a dwelling designed for transportation, after fabrication, on streets and highways on its own wheels, on a flatbed or other trailer or on detachable wheels, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpacking and assembling operation, location on jacks or permanent foundations, connection to utilities and the like. Such unit shall be designed for removal to and installation or erection on other sites without substantial construction (other than a foundation), renovation, reconstruction or demolition. The design and type of a mobile home shall be clearly identified by the manufacturer by a visible identifiable seal or plate of a permanent nature, as a mobile home. Its requirements for transit from site to site shall be in accordance with the Motor Vehicle Code of Virginia (Code of Virginia, title 46.2). A mobile home may include two or more units, separately towable, which, when joined together, shall have the characteristics as described above. For the purposes of this chapter, a mobile home shall not be deemed a single-family detached dwelling, nor shall such mobile home definition apply to travel trailers used for recreational camping purposes.

Modular means a factory-fabricated transportable building, designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees and other prefabricated subelements incorporated into a structure at the site. This type of unit is included in the definition of "detached dwelling," but not "mobile home," for the purposes of this chapter.

Motel means a building or group of buildings containing individual rooms or apartment accommodations primarily for transients, each of which is provided with a separate exterior entrance and a parking space, and offered principally for rental and use by motor vehicle travelers. The term "motel" includes, but is not limited to, auto courts, motorcourts, motor inns, motor lodges or roadside hotels.

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

Official zoning map means the legally adopted zoning map of the town.

Off-street parking area means space provided for vehicular parking outside the street right-of-way.

Open space, usable landscaped, means that space on the same lot and contiguous to the principal building, except as herein noted, which is landscaped with shrubs, planted with grass or developed and maintained for recreation purposes, excluding that portion of the lot which is utilized for off-street parking purposes.

Parking, commercial, means an area, other than accessory off-street parking areas as required by the provisions of this chapter, where, for a charge or permit, motor vehicles may be stored for the purpose of temporary, daily or overnight off-street parking.

Parking lot means an off-street all-weather surfaced area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space appurtenant thereto.

Parking space means an area not less than ten feet wide by 20 feet long for each automobile or motor vehicle. Such space shall be exclusive of necessary drives, aisles, entrances or exits and shall be fully accessible for the storage or parking of vehicles.

Planning commission means the town planning commission.

Portable storage container means a portable, weather-resistant receptacle designed and used for the temporary storage or shipment of household goods, wares, building materials, or merchandise. This term shall not include garbage cans or other receptacles whose sole use is for the collection of rubbish or debris (i.e. open or closed commercial dumpsters, roll-off containers, etc.).

Professional office means a structure designed for use by a person in offering a service which requires specialized knowledge gained by intensive academic preparation, such as medicine, law, engineering, dentistry and other like endeavors, and requiring licensing and regulation by the state.

Public water or sewer system means a water or sewer system owned and operated by the town and under the jurisdiction of the state health department.

Restaurant means any establishment, however designated, at which food or beverages are sold for consumption on the premises. However, a snack bar or refreshment stand at a public or nonprofit community swimming pool, playground, playfield or park, operated solely by and for the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a "restaurant."

Retail stores and shops means buildings used for display or sale of merchandise at retail or for the rendering of personal services, including, but not limited to, the following: barbershop, beauty parlor, drugstore, newsstand, foodstore, candy shop, milk dispensary, dry goods and notions store, household appliance store, furniture store, florist, optician, music and radio store and tailor shop; but specifically excluding coal, wood and lumberyards.

Roominghouse (lodginghouse) means a building other than a hotel where lodging is provided for three or more persons for compensation pursuant to previous arrangements, but not open to the public or transients.

Setback means the minimum distance by which any building or structure must be separated from the front lot line or road right-of-way 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 same are made visible for the purpose of making anything known, whether such display is made on, attached to or as a part of a structure, surface or any other thing, including, but not limited to, the ground or any rock, tree or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made.

(1)

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

(2)

Home occupation sign means a sign not exceeding two 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.

(3)

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

(4)

Location sign means a sign which directs attention to the approximate location of an establishment from which the advertised product may be obtained.

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

Sign, temporary, means a sign applying to a seasonal or other brief activity, such as, but not limited to, summer camps, horse shows, auctions or sales of land.

Special use permit means a permit issued for a use permitted in a particular district by the town council to occupy or use land and/or a building or structure erected thereon for a specific purpose not permitted by right, but permitted in accordance with standards or conditions established in this chapter.

Story means 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 any floor and the ceiling next above it. A basement, but not a cellar, shall be deemed to be a story. Each level of a split level building, excluding cellars, shall be considered a half story.

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 for use.

Street means a public or private right-of-way, excluding driveways, intended for use as a means of vehicular and pedestrian circulation, which provides a means of access to abutting property. The word "street" includes "thoroughfare," "avenue," "boulevard," "court," "drive," "expressway," "highway," "service street" (alleys), "land" and "road," or similar terms.

Street centerline means a line established on a centerline of a street by the state, county, town or other official or agency having jurisdiction thereof.

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

Street outer line. See "street line."

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. This includes, among other things, dwellings, buildings, signs, etc.

Surveyor, professional, means a licensed professional surveyor, registered in the commonwealth by the state board for architects, professional engineers, land surveyors and landscape architects as a "surveyor." This term shall also include land surveyors.

Theater, indoor, means a building designed and/or used primarily for the commercial exhibition of motion pictures to the general public or used for performance of plays, acts or dramas by actors and/or actresses.

Tourist home means a dwelling where only lodging is provided for compensation for up to 13 persons inclusive (in contrast to boardinghouses and hotels), and open to transients.

Townhouse means a building consisting of dwelling units arranged, designed, intended for and occupied exclusively by one family, such building consisting of one of a group of not less than three nor more than eight attached dwelling units with a semidetached dwelling unit on each end thereof being included within the aforesaid minimum and maximum numbers; each dwelling unit shall be separated by an unpierced partition and contain at least two and not more than three stories.

Travel trailer means a vehicular, portable structure designed in accordance with the United States standards for travel trailers (A119.2) currently in use, or as may be amended by the U.S.A. Committee on Mobile Homes and Travel Trailers. Its primary functions shall be the provision of temporary dwelling or sleeping quarters during travel, recreation or vacation uses. Its design and type shall be clearly identified by the manufacturer by visible identifiable seal or plate of permanent nature, as a travel trailer. Its specifications for transporting over the streets and highways shall be in accordance with the Motor Vehicle Code of Virginia (Code of Virginia, title 46.2). The maximum width is eight feet. The maximum length is 35 feet. No travel trailer shall be used for other temporary dwelling or sleeping quarters to exceed 30 days. For the purposes of this chapter, a travel trailer shall not be construed as a single-family detached dwelling, nor shall such definition apply to mobile homes as defined in this section.

Usable open space means an unenclosed portion of the area of a lot which is not devoted to driveways, parking spaces or principal structures, including common buildings such as utility sheds, shelters, pavilions or recreational structures centrally located, accessible to occupants of the building.

Use means the purpose or activity for which a lot is occupied or maintained, including any manner of performance of such activity with respect to the performance standards of this chapter.

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of structures or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining zoning districts, or solely for the economic benefit of the landowner.

Wayside stand means any structure designed for the display and sale of agricultural products, with no space for customers within the structure itself, subject to the provisions of this chapter.

Wind turbine means a device that converts kinetic wind energy into rotational energy that drives an electric generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

Yard means an open space of a generally uniform width or depth on the same land with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

Yard, front, means an unoccupied space, open to the sky, between an adjacent right-of-way and the building setback line, which shall be drawn at such distance as may be specified herein for any district, and extending for the full width of the lot.

Yard, rear, means an unoccupied space, open to the sky, between the rear lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any district, and extending for the full width of the lot.

Yard, side, means an unoccupied space, open to the sky, between the side lot line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any district, and extending for the full length of the lot.

Zoning administrator. See "administrator."

Zoning board means the board of zoning appeals of the town.

Zoning permit means a certificate issued by the zoning administrator for authorizing the uses of land and/or structures as required by this chapter.

(Code 1968, § 29-1; Ord. of 4-2-91(2); Ord. of 9-3-96(1); Ord. of 12-1-98(4); Ord. of 3-2-2004; Ord. of 1-4-2005; Ord. of 5-2-2006; Ord. of 6-6-2006; Ord. of 8-1-2006; Ord. of 8-2-2006; Ord. of 11-1-2011; Ord. of 5-1-2012; Ord. of 9-3-2013; Ord. of 06-05-2018(3); Ord. of 10-01-2019(1); Ord. of 1-3-2023(1))

Cross reference— Definitions and rules of construction generally, § 1-2; animals, ch. 10; parks and recreation, ch. 50.

State Law reference— Zoning administrator, Code of Virginia, § 15.1-491(d); motor vehicles, Code of Virginia, § 46.2-100 et seq.

(a)

By act of the general assembly as provided in Code of Virginia, §§ 15.1-486 through 15.1-498, the governing body of any municipality may, by ordinance, classify the territory under its jurisdiction or any substantial portion thereof into districts of such number, shape and size as it may deem best suited to carry out the purposes of such state law, and in each district it may regulate, restrict, permit, prohibit, and determine the following:

(1)

The use of land, buildings, structures and other premises for agricultural, business, industrial, residential, floodplain and other specific uses.

(2)

The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures.

(3)

The areas and dimensions of land, water, and air space to be occupied by buildings, structures and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used.

(4)

The excavation or mining of soil or other natural resources.

(b)

This chapter shall be for the general purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives of Code of Virginia, § 15.1-427. To these ends, this chapter has been designed to give reasonable consideration to each of the following purposes, where applicable:

(1)

To provide for adequate light, air, convenience of access, and safety from fire, flood and other dangers.

(2)

To reduce or prevent congestion in the public streets.

(3)

To facilitate the creation of a convenient, attractive and harmonious community.

(4)

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

(5)

To protect against destruction of or encroachment upon historic areas.

(6)

To 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.

(7)

To encourage economic development activities that provide desirable employment and enlarge the tax base.

(8)

To provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment.

(9)

To protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities.

(10)

To promote affordable housing.

This chapter may also include reasonable provisions, not inconsistent with applicable state water quality standards, to protect surface water and groundwater as defined in Code of Virginia, § 62.1-44.85(8).

(Code 1968, § 29-2)

Cross reference— Fire prevention and protection, ch. 30; law enforcement, ch. 38; parks and recreation, ch. 50; utilities, ch. 82.

State Law reference— Purpose of zoning ordinances, Code of Virginia, § 15.1-489.