For the purpose of this chapter, certain words
and terms are defined as follows:
A.Â
Words used in the present tense include the future.
Words in the singular include the plural, and the plural includes
the singular.
B.Â
The word "shall" or "must" is always mandatory; the
word "may" is permissive. The words "used for" include "designed for,"
"arranged for" or "occupied for." The word "building" includes "structures"
and shall be construed as if followed by the phrase "or part thereof."
The word "person" includes "individual," "partnership," "company,"
"profit or nonprofit corporation," "organization" or other similar
entities.
[Amended 11-15-1989; 4-9-1990; 7-9-1990; 5-14-2002; 6-10-2003; 6-21-2005; 12-19-2006; 8-21-2007; 8-19-2008; 6-16-2009; 10-20-2009; 5-17-2011; 11-18-2014; 10-18-2016]
As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate use or structure customarily incidental to
and located upon the same lot occupied by the main use or building.
The official charged with the enforcement of this chapter.
He may be any 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.
Adult bookstore/video store, adult mini motion-picture theater,
adult motion-picture theater, adult store, a business providing adult
entertainment or any other establishment, including, without limitation,
any adult modeling studio, adult cocktail lounge or adult nightclub,
that regularly emphasizes an interest in matter relating to specified
sexual activities or specified anatomical areas or is intended for
the sexual stimulation or titillation of patrons. The term includes,
without limitation, any of the following:
ADULT STOREAn establishment having adult merchandise as a substantial or significant portion of its stock-in-trade.
ADULT MERCHANDISEMagazines, books, other periodicals, videotapes, movies, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality devices or other similar media that are characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas or are intended for the sexual stimulation or titillation of patrons, and also includes toys, novelties, instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts or designed or marketed primarily for use to stimulate human genital organs, and lingerie or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.
ADULT BOOKSTORE/VIDEO STOREAn establishment that:
Has 25% or more of its stock for sale or rent on the premises
or has 25% or more of its stock on display, either in plain view or
in an enclosed or partitioned area, in books, magazines, periodicals,
drawings, sculptures, devices, paraphernalia, motion pictures, films,
videotapes or photographs which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, as defined herein;
or
Devotes 25% or more of its display area or floor space, excluding
aisles and storage areas, to the sale or display of such materials;
or
Receives in any one-month period 25% or more of its gross income
from the sale or rental of such materials; or
Has on the premises one or more mechanical or electronic devices
for viewing such materials.
ADULT ENTERTAINMENTDancing, modeling or other live performances, if the performers' performances are characterized by an emphasis on specified anatomical areas or specified sexual activities or are intended for the sexual stimulation or titillation of patrons. Also includes the showing of films, motion pictures, video cassettes, slides, photographic reproductions, virtual reality devices, Internet sites or files transmitted over the Internet, or other media that are characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or are intended for the sexual stimulation or titillation of patrons.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity of less than 50 persons used for presenting material for observation by patrons distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT MOTELA motel, hotel, or similar commercial establishment that:
Provides patrons with closed-circuit television transmissions,
films, motion pictures, video cassettes, slides or other photographic
reproductions that are characterized by the depiction or description
of specified sexual activities or specified anatomical areas and advertises
the availability of this sexually oriented type of material by means
of a sign visible from the public right-of-way or by means of any
off-premises advertising, including, but not limited to, newspapers,
magazines, pamphlets or leaflets, radio or television; or
Offers a sleeping room for rent for a time period of less than
10 hours; or
Allows a tenant or occupant to subrent the sleeping room for
a time period of less than 10 hours.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material for observation by patrons distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
Any facility, that is either operated for profit or extra
space that desires licensure and that provides supplementary care
and protection during only a part of the day to four or more aged,
infirm or disabled adults who reside elsewhere except i) a facility
or portion of a facility licensed by the State Board of Health or
the Department of Behavioral Health and Developmental Services, and
ii) the home or residence of an individual who cares for only persons
related to him by blood or marriage.
All livestock and poultry.
[Added 4-18-2022]
The tilling of the soil, the raising of crops, horticulture,
forestry and gardening, including the keeping of animals and fowl
and including any agricultural industry or business, such as fruit-packing
plants, dairies or similar uses, and including the processing of or
wholesale or retail sales by the producer of crops, livestock or livestock
products which are produced on the parcel.
Any change in the total floor area, use, adaptability or
external appearance of an existing structure, including enlargement,
change in height or location thereof.
Controlled cultivation, management, and production of domestic
animals raised for utility (e.g., food, fur), sport, pleasure, and
research, including improvement of the qualities considered desirable
by humans by means of breeding (excluding horses).
[Added 4-18-2022]
The unit of measure used to determine the appropriate density
at which livestock and poultry can be raised subject to the restrictions
imposed by this chapter.
For the purpose of this chapter, the following agricultural
animals shall constitute one animal unit:
One adult bovine animal (cattle, buffalo, etc.).
Two juvenile (less than one year old) bovine animals.
Three camelid animals (llamas, alpacas, etc.).
One equine animal (horse, donkey, etc.).
Five ovine animals (sheep, etc.),
Five Caprinae animals (goats, etc.).
Two porcine animals (pigs, etc.).
Sixteen small poultry (chickens, ducks, etc.).
Eight medium poultry (turkeys, geese, etc.).
Three large poultry (ostriches, emus, etc.).
A place where bees are kept; a collection of beehives.
[Added 4-18-2022]
A residential facility licensed by the State Department of
Social Services where a level of service is provided by an adult-care
residence for adults (four or more) who may have physical or mental
impairments and require at least moderate assistance with the activities
of daily living. Included in this level of service are individuals
who are dependent in behavior pattern (i.e, abusive, aggressive, disruptive)
as documented on the uniform assessment instrument.
Any lot or place that is exposed to the weather and upon
which more than five motor vehicles of any kind that are incapable
of being operated and which it would not be economically practical
to make operative are placed, located, or found. The movement or rearrangement
of vehicles within an existing lot or facility does not render this
definition inapplicable. NOTE: Farm use vehicles as defined in the
Code of Virginia shall be exempt from this definition.
[Added 5-15-2017[1]]
An establishment which is rented by individuals or groups
to accommodate private functions, including, but not limited to, banquets,
weddings, anniversaries, and other such similar celebrations.
A story having part but not more than 1/2 of its height below
the average grade. A basement shall be counted as a story for the
purpose of height regulations. (See "cellar.")
A home occupation in which the full-time resident owner of
a single-family dwelling utilizes no more than six otherwise unoccupied
bedrooms in order to provide overnight accommodations and breakfast,
for compensation, to transient guests. All guests shall be required
to register their name, permanent address, phone number and license
number prior to occupying a bed-and-breakfast establishment.
The Board of Zoning Appeals of Page County.
A building where, for compensation, lodging and meals are
provided for up to 14 persons.
A business that makes, or makes and sells, beer.
A combination of materials, whether portable or fixed, having
a roof to form a structure for the use or occupancy by persons or
property. The word "building" shall be construed as though followed
by the words "or parts thereof" unless the context clearly requires
a different meaning. "Building" shall not include roadway tunnels
and bridges owned by the Virginia Department of Transportation, which
shall be governed by construction and design standards approved by
the Virginia Commonwealth Transportation Board.
The height shall be measured from the average elevation of
the ground surface along the front of the building.
The principal building on a lot or the building housing the
principal use on the lot.
A centralized office used for receiving or transmitting a
large volume of requests by telephone.
An area which includes but is not limited to a travel trailer
camp, recreation camp, family campground, camping resort, camping
community or any other area, place, parcel or tract of land, by whatever
name called, on which two or more campsites are occupied or intended
for occupancy or facilities are established or maintained, wholly
or in part, for the accommodation of camping units for periods of
overnight or longer, whether the use of the campsites and facilities
is granted gratuitously or by rental fee, lease or conditional sale
or by covenants, restrictions and easements. "Campground" does not
include a park for mobile homes or a construction camp, storage area
for unoccupied camping units or property upon which the individual
owner may choose to camp and not be prohibited or encumbered by covenants,
restrictions and conditions from providing his sanitary facilities
within his property lines, but shall include land and buildings used
by recreational vehicle parks, civil, religious and social organizations
for social, recreational, educational and/or religious activities
on a periodic basis.
The part of a building having more than 1/2 of its height
below the average grade. A cellar shall not be deemed a story in calculation
of building height.
Land used for the burial of the dead, and dedicated for cemetery
purposes, including a columbarium and/or mausoleum when operated in
conjunction and within the boundaries of such burial grounds.
A written statement, based on an inspection and signed by
the Zoning Administrator, setting forth that a building, structure,
sign and/or land complies with this chapter and/or that a building,
structure, sign and/or land may be lawfully employed for specific
uses, or both, as set forth therein.
Any natural person under 18 years of age.
A child day program offered to:
A regularly operating service arrangement for children where,
during the absence of a parent or guardian, a person or organization
has agreed to assume responsibility for the supervision, protection
and well-being of a child under the age of 13 for less than a twenty-four-hour
period.
Buildings or portions of thereof used to provide medical
care on less than a twenty-four-hour basis to persons who are not
rendered incapable to self-preservation by the services provided.
A private, fee-supported, outdoor activity using or not using
tangible facilities, involving or not involving athletic training,
mastered skills, innate or acquired talents, requiring athletic or
recreational talents.
An area or facilities where commercial outdoor recreation
is allowed. Such examples are playgrounds, picnic grounds, swimming
pools, country clubs, golf courses, driving ranges, laser tag, paintball,
archery, etc.
An area of land designed or used for the parking or storage
of more than five motor vehicles or equipment with at least one axle
for more than 10 days in a calendar year, where a fee may be charged
for the parking or storing of such motor vehicles or equipment. This
definition shall exclude junkyards and automobile graveyards as defined
in § 125- 4.
[Added 3-17-2020]
An establishment where manufacturing or handicrafts are carried
on for trade.
[Added 3-17-2020]
The Planning Commission of Page County.
A place, structure, area, or other facility used for and
provided religious, fraternal, social, educational, or recreational
programs designed to accommodate and serve the community.
For the purpose of the Zoning Ordinance, any pet that is
maintained for companionship on a residential property, including,
but not limited to, domestic dogs, cats, birds, nonpoisonous reptiles,
rodents, or fish, but shall not include agricultural animals, wild
animals and game species, any animals raised for human food or fiber,
or any animals regulated under state or federal law as research animals.
[2]
[Added 4-18-2022]
The office for a contractor licensed through the Commonwealth
of Virginia, to include the outdoor storage of operations' vehicles,
equipment and/or materials.
[Amended 3-17-2020]
The Circuit Court of Page County, Virginia.
Percent of total lot areas that may be occupied by buildings
and structures.
A commercial establishment for the manufacture, processing
and/or sale of milk products.
Any use which produces an alcoholic beverage, other than
wine or beer.
A division of territory within Page County within which certain
uniform regulations and requirements apply under the provisions of
this chapter.
An animal, such as a horse or cat, that has been tamed and
kept by humans as a work or food source, or pet, especially a member
of these species that has, through selective breeding, become notably
different from its wild ancestors.
[Added 4-18-2022]
Any structure which is designed for use for residential purposes,
except hotels and motels.
[Amended 8-1-2017; 4-18-2022]
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. The term "single-family dwelling"
shall also include manufactured homes which meet the following requirements.
The home shall be erected at least 20 feet in width and 40 feet
in length.
The home shall be erected on a permanent outside perimeter foundation
of block or masonry.
The complete wheel and axle assembly and hitch assembly shall
be removed from the manufactured home.
The roof shall be an A-type roof with no less than three-inch
to twelve-inch pitch, and such roof shall be covered with shingle.
The home shall be permanently attached so as to allow the home
to be taxed as real estate by the County of Page, Virginia, and such
title evidencing the manufactured home as personal property shall
be destroyed.
However, nothing contained in this definition shall allow manufactured
homes in such residential areas or subdivisions in the County of Page,
Virginia, where otherwise prohibited by such restrictive covenants
applicable to the residential area or subdivision.
DWELLING, SINGLE-FAMILY ATTACHEDA group of two or more closely placed, interrelated single-family dwelling units which are generally joined by a common party wall, a common floor-ceiling or garage and/or, with the specific approval of the Director in each case, connecting permanent and architecturally unified structures such as breezeways, carports, or walls, which structures continue the design, pattern and/or materials of the facade from one dwelling unit to another, whether or not such a group is located on a single parcel or adjoining individual lots. Connecting structures and outdoor living space may be so designed as to provide access between front and rear yards. Architectural facades or treatment of materials in a townhouse development shall be varied from one group of units to another; and no more than three abutting units in a row shall have the same front and rear setbacks with a minimum setback offset being one foot. For the purpose of this chapter, dwellings such as duplexes, semidetached, garden court, garden apartments, condominiums, patio house, zero lot line, piggyback townhouse, back-to-back townhouse and townhouse shall be deemed single-family attached dwellings.
One or more rooms in a dwelling designed for living or sleeping
purposes or a single housekeeping unit and having no cooking or sanitary
facilities in common with any other dwelling unit.
A building, which may include on-site kitchen/catering facilities,
where indoor and outdoor activities such as weddings, receptions,
banquets, and other such gatherings are held by appointment.
One or more persons occupying a premises and living in a
single dwelling unit, as distinguished from an unrelated group occupying
a boardinghouse, lodging house, tourist home or hotel or motel.
A child day program offered in the residence of the provider
or the home of any of the children in care for one through 12 children
under the age of 13, exclusive of the provider's own children and
any children who reside in the home, when at least one child receives
care for compensation. The provider of a licensed or registered family
day home shall disclose to the parents or guardians of children in
their care the percentage of time per week that persons other than
the provider will care for the children. Family day homes serving
six through 12 children, exclusive of the provider's own children
and any children who reside in the home, shall be licensed. However,
no family day home shall care for more than four children under the
age of two, including the provider's own children and any children
who reside in the home, unless the family day home is licensed or
voluntarily registered. However, a family day home where the children
in care are all grandchildren of the provider shall not be required
to be licensed.
Any kind of machinery used on a farm to help with farming.
A market held in an open area or in a structure, where groups
of individual sellers offer the sale to the public such items as fresh
produce, seasonal fruits, fresh flowers, arts and craft items, and
food and beverages.
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.
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.
A building or portion thereof, other than a private garage,
designed or used for servicing, repairing (including body work), equipping,
renting, selling or storing motor vehicles.
See Subsection B of the definition of "dwelling."
Any use of land unenclosed except for fencing for the raising
of grass, flowers, vegetables, crops, trees, or other botanical objects
of natural growth, but not including accessory structures used for
the same purpose.
[Added 4-18-2022]
A structure, building or area of land or any portion thereof
that is used primarily for the sale of gasoline or any other motor
vehicle fuel which may or may not include facilities for lubricating,
washing, sale of accessories and otherwise servicing motor vehicles,
but not including body repair or painting thereof.
Any golf course, publicly or privately owned, on which the
game of golf is played, including accessory uses and buildings customary
thereto, but excluding golf driving ranges, as defined herein.
A limited area on which golf players do not walk, but onto
which they drive golf balls from a central driving tee.
The Board of Supervisors of Page County.
A glassed or transparent enclosure used for the growing and
cultivations of plants.
Any water, except capillary moisture, beneath the land surface
in the zone of saturation or beneath the bed of any stream, lake,
reservoir or other body of surface water within the boundaries of
this commonwealth, whatever may be the subsurface geologic structure
in which such water stands, flows, percolates or otherwise occurs.
A facility for social rehabilitation, substance abuse or
mental health problems that contains a group housing arrangement that
provides custodial care but does not provide acute care.
An accessory, detached building, designed exclusively for
residential purposes situated on the same parcel as a permitted single-family
dwelling. Only one guesthouse shall be allowed on any lot, tract or
parcel of land, and cannot be sold separate from the permitted principal
residential structure.
[Amended 3-20-2023]
A licensed home for inmates on release from more restrictive
custodial confinement or initially placed in lieu of such more restrictive
custodial confinement, wherein supervision, rehabilitation, and counseling
are provided to mainstream residents back into society, enabling them
to live independently.
The legally designated health authority of the State Board
of Health for Page County or his authorized representative.
An occupation carried on by the occupant of a dwelling as
a secondary use in connection with which there is no display and which
use does not change the character of the dwelling or have any exterior
evidence of such secondary use other than a small name plate, as referred
to herein. No commercial vehicle shall be used in connection with
the dwelling.
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 definitions herein.)
A budget-oriented, sociable accommodation where guest can
rent a bed in a dormitory and share a bathroom, lounge, and sometimes
a kitchen.
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.
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber, debris, or waste; junked, dismantled, or wrecked automobiles
or parts thereof; and old or scrap iron, steel, or other ferrous or
nonferrous material.
[Added 5-15-2017[3]]
An establishment or place of business that is maintained,
operated, or used for storing, keeping, buying, or selling junk or
for the maintenance or operation of an automobile graveyard. "Junkyard"
includes garbage dumps and sanitary landfills.
[Amended 5-15-2017]
Domestic animals, including but not limited to cattle, horses,
sheep, goats, and swine, raised for home use, pleasure or profit,
but does not include companion animals.
[Added 4-18-2022]
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.
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.
The maximum area of a lot which may be covered by all buildings
and other impervious material unless otherwise specified.
Any line dividing one lot from another.
A lot, a plat or a description of which has been recorded
in the office of the Clerk of the Circuit Court.
A lot at the point of intersection of and abutting two or
more intersecting streets. Of the two sides of a corner lot, the front
shall be deemed to be the shorter of the two sides fronting on streets
if both streets are public rights-of-way. Front yard setbacks are
required on both sides if both streets are public rights-of-way.
The average horizontal distance between the front and rear
lot lines.
An interior lot having frontage on two streets.
Any lot other than a corner lot.
The horizontal distance between side lot lines measured at
the setback line.
The processing and/or converting of raw, unfinished materials
or products, or either of them, into articles or substances of different
character or for use for a different purpose.
A structure subject to federal regulation which is transportable
in one or more sections; is eight body feet or more in width and 40
body feet or more in length in the traveling mode or is 320 or more
square feet when erected on site; is built on a permanent chassis;
is designed to be used as a single-family dwelling, with or without
permanent foundation, when connected to the required utilities; and
includes the plumbing, heating, air-conditioning and electrical systems
contained in the structure.
The tissue of an animal when it is used for food.
[Added 5-15-2023]
Products made from animal tissues for use as a food product.
This includes meat submitted to be processed for cooking, salting
(curing), smoking, or addition of other condiments and seasonings.
[Added 5-15-2023]
An office used for the purpose of informing the public of
news, entertainment, education, data or promotional messages. This
includes but is not limited to newspapers, magazines, TV, radio, direct
mail, telephone, fax, and Internet.
An office used exclusively by physicians, dentists, and similar
personnel for the treatment or examination of patients solely on an
outpatient basis. This may include outpatient surgery, emergency care,
medical-related support labs, and a pharmacy. This term shall not
include group homes, halfway houses, hospitals, nursing homes, rehabilitation
facilities, residential facilities, substance abuse treatment facilities,
or schools.
A structure, transportable in one or more sections, which
in the traveling mode is eight body feet or more in width or 32 body
feet or more in length or, when erected on site, is 256 or more square
feet and which is built on a permanent chassis and is designed to
be used as a dwelling, with or without a permanent foundation, when
connected to the required utilities, and includes the plumbing, heating,
air-conditioning and electrical systems contained therein.
Any site, lot, field or tract of land upon which is located
three or more mobile homes used for any purpose or no purpose or which
is held out for the location of any mobile home for any purpose or
any motor vehicle which is used for business, living or sleeping purposes
and which is or may be transported from one place to another, whether
motive power or other means shall be required, and shall include any
building, structure, tent, vehicle or enclosure used or intended for
use as part of the equipment of any such park or camp.
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, motor
courts, motor inns, motor lodgings or roadside hotels.
Any regularly scheduled and/or advertised gathering for the
purpose of competitive vehicular activity over a fixed course or area
that persists for periods in excess of 15 minutes over one twenty-four-hour
period.
Any facility for the competitive operation of automobile,
trucks, motorcycles and any other motorized vehicles or machinery
for recreational or commercial purpose for uses such as, but not limited
to, racing, practicing, training, instruction, research and development
and testing.
The otherwise legal use of a building or structure or of
a tract of land that does not conform to the use regulations of this
chapter for the district in which it is located.
An otherwise legally platted lot that does not conform to
the requirements of this chapter for the district in which it is located.
An otherwise legal building or structure that does not conform
with the regulations of this chapter for the district in which it
is located.
Facilities that provide care, including both intermediate
care facilities and skilled nursing facilities where any of the persons
are incapable of self-preservation.
Space provided for vehicular parking outside the dedicated
street right-of-way.
The legally adopted Zoning Map of Page County.[4]
An off-street surfaced area designed solely for the parking
of motor vehicles, including driveways, passageways and maneuvering
space appurtenant thereto.
An off-street space measuring nine feet in width by 20 feet
in length, exclusive of driveways, passageways and maneuvering space.
Any individual, firm, corporation or association.
Buildings for the rendering of or providing of personal services; however, excluding massage parlors, nude or obscene dance halls or other businesses exploiting nude or obscene conduct, as defined by County ordinance in Chapter 86, Obscenity, of the Code of Page County.
A commercial facility where a pet animal may be cleaned,
styled or have its appearance maintained, that cares for or houses
pet animals in the absence of the owner, or that engages in the vocation
of mating carefully selected specimens of the same breed to reproduce
specific, consistently replicable qualities and characteristics.
The Page County Planning Commission.
Includes all domestic fowl and game birds raised in captivity.
[Added 4-18-2022]
The primary or predominant structure on any lot or parcel.
For residential purposes, the principal structure is the primary dwelling.
[Added 4-18-2022]
A water or sewer system owned and operated by the County
of Page, an incorporated town, an authority or a corporation franchised
by the Commonwealth of Virginia and under the jurisdiction of the
State Health Department of Virginia.
Any location whose primary use is where recyclable materials
are bought, sold, accumulated, exchanged, packaged, disassembled or
handled, including, but not limited to, scrap metal, paper, rags,
tires, wood, plastic, glass and other such materials.
Any family day home that has met the standards for voluntary
registration for such homes pursuant to regulations adopted by the
Board and that has obtained a certificate of registration from the
Commissioner.
Land incidental to a principal dwelling on which limited
agricultural activities such as the keeping of domestic livestock,
poultry, apiaries (beekeeping), and gardening are permitted.
[Added 4-18-2022]
Any place where food is prepared for service to the public on
or off the premises or any place where food is served. Examples of
such places include, but are not limited to, lunchrooms, short-order
places, cafeterias, coffee shops, cafes, taverns, delicatessens, dining
accommodations of public or private clubs, kitchen facilities of hospitals
and nursing homes and dining accommodations of public and private
schools and colleges. Excluded from the definition are places manufacturing
packaged or canned foods which are distributed to grocery stores or
other similar food retailers for sale to the public.
Any place or operation which prepares or stores food for distribution
to persons of the same business operation or of a related business
operation for service to the public. Examples of such places or operations
include, but are not limited to, operations preparing or storing food
for catering services, pushcart operations, hot dog stands and other
mobile points of service. Such mobile points of service are also deemed
to be "restaurants" unless the point of service and of consumption
is in a private residence.
Any store or shop where any person or merchant sells goods,
wares, and merchandise for use or consumption by the purchaser.
A building, group of buildings, or use of land, or any combination
thereof, used for the sheltering, care, riding, training, or showing
of horses. The facility may include the sale of tack and related accessories
items. Structures may include barns, stables, corrals, and paddocks.
[Amended 5-15-2023]
PORTABLE SAWMILL, CHIPPING MILL, and SHAVING MILLA portable sawmill, chipping mill, or shaving mill located on privately owned real estate to be used for the purpose of processing of timber cut only from that real estate, or from real estate immediately contiguous or adjacent thereto.
COMMERCIAL SAWMILL, CHIPPING MILL, or SHAVING MILLA sawmill, chipping mill, or shaving mill permanently located on real estate for the purpose of processing timber primarily for commercial purposes without regard to the point of origin of the timber processed on the real estate.[5]
A structure or structures containing separate storage spaces
of varying sizes leased or rented as individual leases for the purpose
of storing personal property and household goods.
The required distance that a structure must be built from
an adjoining property line or road or right-of-way. "Setback" may
also be referred to as "minimum yard dimension."
The visible flicker effect when rotating turbine blades cast
shadows on the ground and nearby structures causing the repeating
pattern of light and shadow.
A completely enclosed building designed for the safe discharge
of archery equipment and firearms at targets for marksmanship practice
or competitions.
An outdoor area or structure designed for the safe discharge
of archery equipment and firearms at targets for marksmanship practice
or competitions.
A group of stores, four or more in number, planned and designed
as an integrated unit with off-street parking provided on the property
as an integral part of the unit. "Shopping center" shall also mean
a single store or a group of stores less than four in number where
the total gross floor area of the store or stores exceeds 25,000 square
feet.
Short-term rental of a dwelling for compensation for periods
of less than 30 days. "Short-term tourist rental" could also include
the following terms: tourist homes, tourist rentals, cabin rentals,
lodging homes, tourist cabins, tourist courts, air bed-and-breakfast
establishments, hostels, or vacation homes.
[Added 8-1-2017]
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, any rock, tree or other natural object, which display
is visible beyond the boundaries of the parcel of land on which the
same is:
BUSINESS SIGNA sign which directs attention to a product, commodity or service available on the premises.
DIRECTIONAL SIGNA sign (one end of which may be pointed or on which an arrow may be painted, indicating the direction to which attention is called) giving the name and approximate location only of the firm or business responsible for the erection of the same.
GENERAL ADVERTISING SIGNA sign which directs attention to a product, commodity or service not necessarily conducted, sold or offered upon the same lot where such sign is located.
HOME OCCUPATION SIGNA sign 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.
TEMPORARY SIGNA sign applying to a seasonal or other brief activity, such as but not limited to summer camps, horse shows, auctions or sale of land.
Includes the supports, uprights, bracing and/or framework
of any structure, be it single-faced, double-faced, V-type or otherwise
exhibiting a sign.
A permit for a land use that has operating and/or physical characteristics that may be generally different from those uses permitted by right in a given zoning district. Special uses may nonetheless be compatible with permitted-by-right uses and surrounding land uses under special conditions and with adequate public review. Special uses are allowed only at the legislative discretion and approval of the governing body following review and recommendation by the Commission in accordance with § 125-54 of this chapter.
A structure or part of a structure used for the storage of
goods, materials, wares and merchandise. Self-storage facilities are
considered storage warehouses.
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, then 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 1/2 story.
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 2/3 of the floor area
is finished for use.
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), lane and road or similar terms.
The dividing line between a street or road right-of-way and
the adjacent property.
An assembly of materials having an ascertainable stationary
location, which can include: stadiums, platforms, observation towers,
communication towers, storage tanks, swimming pools, amusement devices,
storage bins, gazebos, sheds and other similar uses. The word "structure"
shall be construed as though followed by the words "or parts thereof"
unless the context clearly requires a different meaning. All buildings
are structures.
See Subsection B of the definition of "dwelling."
The actual time that a person is an occupant within a facility
for the purpose of receiving care. It shall not include a facility
that is open 24 hours and is capable of providing care to someone
visiting the facility during any segment for the 24 hours.
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 shelters, pavilions or recreational structures centrally
located, accessible to occupants of the building or buildings, but
excluding marshes, swamps, streams and slopes in excess of 15% or
other unusable land.
The specific purpose for which land, sign, structure or building
is designed, arranged, intended or for which it may be occupied or
maintained or any activity, occupation, business or operation which
may be carried on thereon or therein. The term "permitted use" or
its equivalent shall not be deemed to include any nonconforming use.
A relaxation of the terms of this chapter by the Board of
Zoning Appeals 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 the structure 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,
nor solely for the economic benefit of the landowner.
A facility that deals with the causes, diagnosis, and treatment
of diseases and injuries of animals, especially domestic animals,
under the direction and control of a veterinarian licensed by the
Commonwealth of Virginia.
A virtual business is defined by meeting the following:
Does not require direct vehicular traffic to the dwelling unit
by the public for operation of the business.
The primary means of communication in the operation of the business
is by telecommunication, facsimile, computer-related activity or other
like means of communications.
No wholesale or retail business shall be permitted unless it
is conducted entirely by mail and/or telecommunications.
Such home occupation shall be subject to all the criteria set forth in § 125-15A(1), hereinabove stated, with the exception of required parking spaces set forth in § 125-15A(1)(a).
Does not use outside storage or display of materials, goods,
supplies, or equipment or work areas in relation to the business outside
the home.
No signage allowed.
Means capable of being seen without visual aid by a person
of normal visual acuity. NOTE: Any inoperable motor vehicles are exempt
if kept in a fully enclosed building or structure or otherwise shielded
or screened from visibility from any adjacent dwelling or adjacent
public property.
[Added 5-15-2017[6]]
Any structure or land used for the sale of agricultural or
marine produce or the sale of items made or produced on the premises
where such production is carried on as a home occupation.
A single system designed to supplement other electricity
sources as an accessory use to existing buildings or facilities, wherein
the power generated is used primarily for on-site consumption. A small
wind energy conversion system consisting of a single wind turbine,
a tower, and associated control or conversion electronics which has
a rated capacity of not more than 25kW.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
may include a nacelle, rotor, tower, pad transformer, blades, and
tail.
A machine designed to convert the energy of the wind into
more useful forms using rotating blades to turn mechanical machinery
to do physical work, such as crushing grain or pumping water.
A winery is a building or property that produces wine, or
a business involved in the production of wine, such as a wine company.
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.
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.
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.
See "Administrator."
The Board of Zoning Appeals of Page County.
A certificate issued by the Zoning Administrator for authorizing
the uses of land and/or structures as required by this chapter.
[1]
Editor's Note: This ordinance, in its preamble, noted that
the definition of "automobile graveyard" was originally added 11-18-2014.
[2]
Editor's Note: The former definition of "confined feeding
operation," which immediately followed this definition, was repealed 3-20-2023.
[3]
Editor's Note: This ordinance, in its preamble, noted that
the definition of "junk" was originally added 11-18-2014.
[4]
Editor's Note: A copy of the Zoning Map is attached to this chapter.
[5]
Editor's Note: Former Subsection C, regarding the definition
for "commercial workshop," which immediately followed this subsection,
was repealed 3-17-2020.]
[6]
Editor's Note: This ordinance, in its preamble, noted that
the definition of "visible" was originally added 11-18-2014.
