A.
For the purposes of this chapter, the following rules of language
shall apply:
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The specific shall control the general.
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The word "person" includes a firm, association, organization,
partnership, and company, as well as an individual.
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The word "he" shall mean she and "she" shall mean he.
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The words used or occupied include the words intended, designed,
or arranged to be used or occupied.
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The word lot shall include plot or parcel.
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The present tense includes the future tense; the singular number
includes the plural; the plural includes the singular.
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The word shall is mandatory; the words may and should are permissive.
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All public officials, bodies, and agencies referred to in this
chapter are those of the City of Colonial Heights, Virginia, unless
otherwise specifically indicated herein.
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B.
Where terms in this chapter are undefined, the meaning of the term
shall be as ascribed in the most recent edition of Webster's Unabridged
Dictionary, unless it is the opinion of the Administrator that based
upon normal zoning practice, a different meaning shall apply.
C.
ABUTTING
ACCESS
ACCESSORY BUILDING OR STRUCTURE
ACCESSORY USE
ACREAGE, GROSS
ACREAGE, NET
ADDITION
ADJACENT AREA
ADMINISTRATOR
ALLEY
ALTERATION
AMENDMENT
ANTENNA
AWNING
BASEMENT
BERM
BEST MANAGEMENT PRACTICES (BMP)
BOARD OF ARCHITECTURAL REVIEW (also known as the "Board")
BOARD OF ZONING APPEALS
BOAT
BODY PIERCING
BOX TRUCK
BUCKET TRUCK
BUFFER AREA
BUFFER YARD
BUILDING
BUILDING, COVERAGE
BUILDING, HEIGHT
BUILDING LINE, FRONT
BUILDING LINE, REAR
BUILDING LINE, SIDE
BUS
CAMPER
CAREGIVER
CERTIFICATE OF ZONING COMPLIANCE
CHANNEL
CHESAPEAKE BAY PRESERVATION AREA (CBPA)
CITY CHARTER
CLUSTER SUBDIVISION
CODE OF VIRGINIA
COMMERCIAL DELIVERY
COMMISSION
CONCRETE MIXER TRUCK
CONDOMINIUM
CONSTRUCTION, NEW
COUNCIL
CRAWL SPACE
DECK
DEDICATION
DENSITY
DEVELOPMENT
DEVELOPMENT FOOTPRINT
DISTRICT
DONATION COLLECTION BIN
DRIVEWAY
DUMP TRUCK
DWELLING UNIT
EASEMENT
ESTABLISHMENT
EXTERIOR APPEARANCE
FAMILY
FLATBED TRUCK
FLOOR AREA, FINISHED
FLOOR AREA, GROSS
GARAGE, PRIVATE
GLARE
GOVERNMENTAL ACTIVITY
HIGHLY ERODIBLE SOILS
HIGHLY PERMEABLE SOILS
HISTORIC DISTRICT
IMPERVIOUS COVER
INFILL
LAND DISTURBING ACTIVITY
LANDSCAPING
LOADING SPACE, OFF-STREET
LOT
LOT, CORNER
LOT COVERAGE
LOT, DEPTH
LOT, DOUBLE FRONTAGE
LOT, FLAG LOT
LOT, FRONTAGE
LOT, INTERIOR
LOT, IRREGULAR
LOT OF RECORD
LOT, WIDTH OF
LOWEST FLOOR
MANUFACTURED HOME
MIXED-USE BUILDING
MENTALLY OR PHYSICALLY IMPAIRED PERSON
MODULAR HOME
MONOPOLE
NATURAL WATERCOURSE
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONPOINT SOURCE POLLUTION
NOT-FOR-PROFIT
NOXIOUS WEEDS
OFF-STREET PARKING AREA
OPEN SPACE
OPEN SPACE, COMMON
OPEN SPACE, UNUSABLE
(1)
(2)
(3)
(4)
OPEN SPACE, USABLE
OUTDOOR DISPLAY
OUTDOOR STORAGE
OVERLAY DISTRICT
PATIO
PERENNIAL
PERSON
PHASE
PLANNED RESIDENTIAL SUBDIVISION
PORCH
PRINCIPAL BUILDING OR STRUCTURE
PRINCIPAL USE
PRIVATE
PRIVATE FARMERS' MARKET
PUBLIC
PUBLIC WATER AND SEWER SYSTEMS
RECREATIONAL OR UTILITY TRAILER
RECREATIONAL VEHICLE
REDEVELOPMENT
REPLACEMENT COST
RESOURCE MANAGEMENT AREA (RMA)
RESOURCE PROTECTION AREA (RPA)
RIGHT-OF-WAY
SCREENING
SETBACK
SHOPPING CENTER
SHORELINE
SIGN
SIGN, ADVERTISING
SIGN, ARCADE
SIGN, AWNING
SIGN, BANNER
SIGN, BILLBOARD
SIGN, BUILDING
SIGN, BULLETIN BOARD
SIGN, CANOPY
SIGN, CONSTRUCTION
SIGN, DIRECTIONAL
SIGN, DISPLAY OF MERCHANDISE
SIGN, ELECTRONIC MESSAGE BOARD
SIGN, FREESTANDING
SIGN, GROUND
SIGN, HISTORICAL MARKER
SIGN, INCIDENTAL
SIGN, MARQUEE
SIGN, MULTI-TENANT
SIGN, OFF-SITE
SIGN, PLAQUE
SIGN, POLE
SIGN, POLITICAL
SIGN, PORTABLE
SIGN, PROJECTING
SIGN, REAL ESTATE
SIGN, ROOF
SIGN, SANDWICH
SIGN, SHOPPING CENTER
SIGN, SPECIAL EVENT
SIGN, TEMPORARY
SIGN, VEHICLE-MOUNTED
SIGN, WALL
SIGN, WIND-DRIVEN
SIGN, WINDOW
SIGN, YARD SALE
SILVICULTURAL ACTIVITIES
SLOPE, STEEP
SPECIAL EXCEPTION
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
STEALTH DESIGN
STOOP
STORAGE CONTAINER, PORTABLE OR MOBILE
STORY
STREET
STREET, CUL-DE-SAC
STRUCTURE
STUDIO, TATTOO
SUBSTANTIAL ALTERATION
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
SUBSTANTIAL MODIFICATION
TANKER TRUCKS
TELECOMMUNICATIONS
TIDAL SHORE or SHORE
TOW TRUCK or WRECKER
TRANSIENT
USE
VARIANCE
WATER-DEPENDENT FACILITY
WETLANDS
WETLANDS BOARD
WETLANDS, NONTIDAL
WETLANDS, NONVEGETATED
WETLANDS, TIDAL
WETLANDS, VEGETATED
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING ADMINISTRATOR
The words and terms listed below shall have the following meanings:
Contiguous or adjoining; having property or zoning district
lines in common, or separated by a right-of-way.
A means of approach, to provide vehicular or pedestrian physical
entrance to a property.
A building or structure detached from a principal building
on the same lot and customarily incidental and subordinate to the
principal building or use. Where an accessory building or structure
is attached to the principal building in a substantial manner, as
by a wall or roof, such accessory building shall be considered a part
of the principal building.
A use of land, or a building or structure or portion thereof,
customarily incidental and subordinate to the principal use of the
land or building or structure and located on the same lot with such
principal use.
The total amount of area, including land unsuitable for development.
The total area of land suitable for development.
Any construction that increases the gross floor area of a
building or structure, or results in an expanded footprint of a building
or structure on the ground.
Within an Architectural District, the "adjacent area" to
a lot upon which residential construction is proposed shall include
the properties within the district containing the next two primary
residential structures on each side of the lot in question. "Adjacent
area" shall also include any structure on any lot in the district
across the street from the lot of proposed construction, any lot lines
of which, when extended, would cross any part of any of the lots noted
above.
The Zoning Administrator of the City of Colonial Heights,
or an authorized agent thereof.
A right-of-way that provides secondary vehicle and service
access to abutting properties that have frontage on one or more streets.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders
or interior partitions, or any enlargement or reduction of a building
or structure, whether horizontally or vertically, or the moving of
a building or a structure from one location to another.
A modification to this chapter, including the text or associated
maps that have been approved by the Colonial Heights City Council.
A communication device that transmits or receives electromagnetic
signals. Antennas may be directional, including panels and microwave
dishes, or omni-directional including satellite dishes, whips, dipoles,
and parabolic types. An antenna does not include the tower or other
supporting structure to which it is attached.
A shelter constructed of rigid or non-rigid materials on
a supporting framework, either freestanding, or projecting from and
supported by an exterior wall of a building.[1]
That portion of a building that is partly or completely below
grade plane. A basement shall be considered a story above grade where
the finished surface of the floor above the basement is (i) more than
six feet above grade, (ii) more than six feet above grade for more
than 50% of the total building perimeter, or (iii) more than 12 feet
above the finished ground at any point.
A landscaped earthen mound, incorporated as part of a site
design, and intended to enhance the compatibility of abutting or nearby
properties through the mitigation of sound, the screening of views,
and/or the visual enhancement of a property's landscaped character.
A practice, or combination of practices as determined by
the appropriate state and/or local agencies to be the most effective,
practical means of preventing or reducing the amount of pollution
generated by nonpoint sources to a level compatible with the water
quality goals of the City of Colonial Heights and/or the Commonwealth
of Virginia.
The City of Colonial Heights Board of Zoning Appeals, also
referred to in this chapter as the BZA.
A small vessel propelled on water by oars, sails, or an engine.
[Added 8-1-2017 by Ord.
No. 16-29]
The creation of an opening in an individual's body, other
than an individual's ear, to insert jewelry or another decoration.
A commercial type motor vehicle with an enclosed loading
space with a rear or side door for loading.
[Added 8-1-2017 by Ord.
No. 16-29]
A commercial type motor vehicle with an aerial work platform
at the end of a hydraulic lifting system. Other common names are boom
lift, cherry picker, or basket crane.
[Added 8-1-2017 by Ord.
No. 16-29]
(Chesapeake Bay Overlay District) An area of natural or established
vegetation managed to protect other components of a resource protection
area and state waters from significant degradation due to land disturbances.
A yard improved with screening and/or landscaping materials
required between abutting zoning districts of differing intensities
or between adjoining land uses for the purpose of decreasing the adverse
impact of differing uses and districts.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, activity, process, equipment, goods or materials of any kind.
That portion of a lot, which when viewed from directly above,
would be covered by any building or structure. For the purposes of
this definition, lot shall include contiguous lots of the same ownership
within a single zoning district which are to be used, developed or
built upon as a unit.
The vertical distance measured from the average adjoining
grade on all sides of a building or structure to the highest point
of a flat roof, the deck line of a mansard roof, or in the case of
a pitched, gambrel or hip roof, the mean level between the eaves and
the highest point of the roof.
When viewed from above, the line, parallel to the street
right-of-way, that passes through the point of the principal building
nearest the street right-of-way.
When viewed from above, the line, parallel to the rear lot
line, that passes through the point of the principal building nearest
the rear lot line.
When viewed from above, the line, parallel to a side lot
line, that passes through the point of the principal building nearest
the side lot line.
A commercial type motor vehicle used to transport a large
capacity of passengers, equipment, and/or luggage.
[Added 8-1-2017 by Ord.
No. 16-29]
A trailer that is pulled with a motorized vehicle that is
fit or suitable for recreational camping which generally contains
facilities for sleeping and cooking.
[Added 8-1-2017 by Ord.
No. 16-29]
An adult who provides care for a mentally or physically impaired
person within the Commonwealth. A caregiver shall be either related
by blood, marriage, or adoption to or the legally appointed guardian
of the mentally or physically impaired person for whom he is caring.
For the purposes of this chapter, official certification
that premises conform to all applicable provisions of the City of
Colonial Heights Zoning Ordinance and may be lawfully used or occupied.
A perceptible natural or artificial waterway which periodically
or continuously contains moving water confined to a definite bed and
banks.
Any land designated by the City Council pursuant to Part
111, 9 VAC 10-20-10 et seq. of the Chesapeake Bay Preservation Area
Designation and Management Regulations, and § 10.1-2107
of the Code of Virginia.[3] A "Chesapeake Bay Preservation Area" shall consist of
a resource protection area and a resource management area.
The Charter of the City of Colonial Heights Virginia.
An alternative means of subdividing land that concentrates
building density in specific areas of a site to allow the remaining
land to be permanently reserved for the preservation of environmentally-sensitive
features and open space.
The Code of Virginia 1950, as amended
The delivery of goods, products, materials or other items
associated with a home occupation by any means or frequency other
than that which would normally occur in a residential neighborhood.
The Planning Commission of the City of Colonial Heights,
Virginia.
A commercial type motor vehicle having a rotating drum on
an inclined axis used to discharge concrete.
[Added 8-1-2017 by Ord.
No. 16-29]
A building or group of buildings, created pursuant to the
Virginia Condominium Act, § 55-79.39 et seq., Code of Virginia,
in which units are owned individually, and the structure, common areas
and facilities are owned by all the owners on a proportional, undivided
basis.
Structures for which construction commenced on or after the
effective date of this chapter and including any subsequent improvements
to such structures.
The City Council of Colonial Heights, Virginia.
A space at least 18 inches in height under the first floor
of a structure between the grade and the bottom of the floor joists.
An exterior floor supported on at least two opposing sides
by an adjacent structure, and/or posts, piers, or other independent
supports.
The transfer of private property to public ownership upon
written acceptance.
The number of dwelling units permitted per unit of land,
commonly expressed as dwelling units per acre.
Any man-made change to improved or unimproved real estate
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging, or drilling operations.
[Amended 8-14-2012 by Ord. No. 12-16]
The horizontal perimeter of any cleared, graded, disturbed
or otherwise modified areas that when viewed directly from above is
inclusive of any existing or proposed buildings or structures, parking
and loading areas and any other surfaces that are impermeable or substantially
impervious to stormwater or have been disturbed or modified as a result
of existing or proposed development of redevelopment of a site.
[Added 8-9-2011 by Ord. No. 11-16]
A zoning district as described and permitted by § 15.2-2280
et seq. of the Code of Virginia.
Any portable outdoor container intended or used for the collection
and temporary storage of donated goods, such as but not limited to
clothing, shoes, toys, books, and similar household items. The term
“donation collection bin” shall not include solid waste
or recycling containers or receptacles.
[Added 1-14-2020 by Ord.
No. 19-28]
A private roadway providing access for vehicles to a parking
space, garage, dwelling, or other structure.
A commercial type motor vehicle having an open-box bed, which
is hinged at the rear and lifts at the front, used to transport loose
material and to be unloaded behind the truck.
[Added 8-1-2017 by Ord.
No. 16-29]
A room or group of rooms connected together containing cooking,
bathroom and sleeping facilities constituting a separate, independent
housekeeping unit, physically separated from any other dwelling unit
in the same structure.
A portion of a lot or acreage reserved for present or future
use by a person or entity other than the fee simple owner of the lot
or acreage. Easements may exist on the ground, or under or above the
lot or acreage.
Any business, enterprise or other land use permitted by this
chapter.
Architectural character, general arrangement of the exterior
of a structure, general composition, including the kind, permanent
color (excluding paint) and texture of the building material and type
and character of all windows, doors, light fixtures, signs and appurtenant
elements.
One or more persons related by blood, marriage, or adoption,
or under approved foster care, or a group of not more than four persons
(including domestic help) living together as a single housekeeping
unit.[4]
A commercial type motor vehicle having an entirely flat and
level platform body.
[Added 8-1-2017 by Ord.
No. 16-29]
The sum of the horizontal areas of a building which is intended
for human habitation and use and which has a floor to ceiling height
of 6 1/2 feet or greater. Areas excluded from the finished floor
area would include unfinished basements and attics, storage and utility
rooms, and garages.
The sum of the horizontal areas of the several stories of
a building, measured from the exterior faces of exterior walls, or
in the case of a common wall separating two buildings, from the center
line of such common wall. Gross floor area shall exclude interior
parking and loading spaces, and airspace above atriums.
A building for the private use of the owner or occupant of
a principal residential building situated on the same lot as the principal
building for the storage of motor vehicles.
The effect produced by lighting, with a brightness or intensity
sufficient to cause annoyance, discomfort, or loss in visual performance
and visibility.
Any or all of the services provided by the City to its citizens
for the purpose of maintaining the City, and shall include but shall
not be limited to such services as constructing, repairing and maintaining
roads and sewage facilities, supplying and treating water, providing
streetlights, and constructing public buildings.
Soils (excluding vegetation) with an erodibility index (EI)
from sheet and riff erosion equal to or greater than eight. The erodibility
index for any soil is defined as the product of the formula "RKLST,"
where "K" is the soil susceptibility to water erosion in the surface
layer; "R" is the rainfall and runoff; "LS" is the combined effects
of slope length and steepness; and "T" is the soil loss tolerance.
Soils with a given potential to transmit water through the
soil profile. "Highly permeable soils" are identified as any soil
having a permeability equal to or greater than six inches of water
movement per hour in any part of the soil profile to a depth of 72
inches (permeability groups "rapid" and "very rapid") as found in
the "National Soils Handbook" of November 1996, in the "Field Office
Technical Guide" of the United States Department of Natural Resources
Soil Conservation Service.
Any area delineated by City Council and consisting of public
or private property within the City containing one or more historic
landmarks as established by the Virginia Historic Landmarks Commission
or one or more areas, neighborhoods, sites, places, structures, objects,
artifacts or buildings in which historic events occurred or reflecting
significantly the lives of historic personages or great ideas or ideals
of the people or having special public value because of notable architectural
or other features relating to the cultural and artistic heritage of
the community, state or nation, including but not limited to archaeological,
architectural, economic, ethnic, military, natural, political, religious
or social factors. Such landmarks, buildings, structures or areas
shall have been designated by City Council as being of such historic,
architectural or cultural interest and significance as to warrant
conservation and preservation.
A surface composed of any material that significantly impedes
or prevents natural infiltration of water into the soil. Impervious
surfaces include but are not limited to roofs, buildings, streets,
parking areas and any concrete, asphalt or compacted gravel surface.
Utilization of vacant land in previously developed areas.
Any land change which may result in soil erosion from water
or wind and the movement of sediments into state waters or onto lands
in the Commonwealth, including, but not limited to, clearing, grading,
excavating, transporting and filling of land.
The improvement of the appearance of an area by the planting
of trees, grass, shrubs, or other plant materials.
Space for bulk pick-ups and deliveries, scaled to delivery
vehicles expected to be used and accessible to such vehicles when
required off-street parking spaces are filled.
A parcel of land intended to be separately owned, developed,
or otherwise used as a unit, established by plat, subdivision, or
as otherwise permitted by law.
A lot abutting on two or more streets at their intersection,
or on two parts of the same street forming an interior angle of less
than 135°.
That portion of a lot, which when viewed from directly above,
would be covered by any building or structure, parking and loading
areas and other surface which is impermeable or substantially impervious
to stormwater. Gravel parking areas shall be considered impervious.
For the purposes of this definition, lot shall include contiguous
lots of the same ownership within a single zoning district which are
to be used, developed or built upon as a unit.
The average horizontal distance between front and rear lot
lines.
An interior lot having frontage on two streets.
A panhandle or flag-shaped lot with its widest point (called
the "flag") set back from the road at the rear of another lot, and
having a thin strip of land (called the "pole") with a minimum width
of 28 feet connecting to the road to provide legal access and frontage.
The horizontal distance between the side lot lines measured
at the point where the side lot lines intersect the street right-of-way.
All sides of a lot which abuts a street shall be considered frontage.
On curvilinear streets the arc between the side lot lines shall be
considered the lot frontage.
A lot, other than a corner lot.
A lot of such a shape or configuration that technically meets
the area, frontage and width to depth requirements of this chapter
but meets these requirements by incorporating unusual elongations,
angles, curvilinear lines unrelated to topography or other natural
land features.
A lot which has been recorded in the office of the Clerk
of the appropriate court.
The mean horizontal distance between the side lot lines.
The mean shall consist of the straight line horizontal distances of
the front and rear lot lines and the distance of a line connecting
the midpoints of the side lot lines. Provided however, that for a
flag-lot, no part of the pole shall be considered in calculating such
distances.
The lowest enclosed area, including basement, of any structure.
An unfurnished or flood-resistant enclosure usable solely for the
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
this chapter.
A structure, transportable in one or more sections, which
in the traveling mode is eight feet or more in width or 40 feet or
more in length, or, when erected or placed on a site, is 400 or more
square feet, and which is built on a permanent chassis and 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. The term
includes any structure that meets all of the requirements of this
definition except the size requirements and with respect to which
the manufacturer voluntarily files a certification required by the
United States Secretary of Housing and Urban Development and complies
with the standards established under Title 42 of the United States
Code. A manufactured home shall contain one dwelling unit. Some manufactured
homes are also referred to as mobile homes.
A combination of two or more use types within a single structure.
A person who is a resident of Virginia and who requires assistance
with two or more activities of daily living, as defined in § 63.2-2200
of the Code of Virginia as certified in a writing provided by a physician
licensed by the Commonwealth.
A dwelling unit constructed on-site in accordance with the
Virginia Uniform Statewide Building Code and composed of components
substantially assembled in a manufacturing plant and transported to
the building site for final assembly on a permanent foundation.
A single pole structure, usually self supporting, used to
support antennas.
Any natural stream, river, creek, waterway, gully, or wash
in which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed and banks.
A lot, the area, dimensions or location of which was lawful
at the time the lot was created, but which fails to conform to the
current standards and regulations due to the adoption, revision or
amendment of this chapter.
Any structure the size, dimensions or location of which was
lawful when erected or altered, but which fails to conform to the
current standards and regulations due to the adoption, revision or
amendment of this chapter.
A use or activity which was lawful when originally established,
but which fails to conform to the current standards and regulations
due to the adoption, revision or amendment of this chapter.
Pollution consisting of constituents such as sediment, nutrients
and organic and toxic substances from diffuse sources, such as runoff
from agriculture and urban land development and use.
An organization or activity which has obtained nontaxable
status from the U. S. Internal Revenue Service.
Weeds that are difficult to control effectively, such as
Johnson grass, kudzu and multiflora rose.
Space provided for vehicular parking outside the dedicated
street right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated or reserved for public or private use or
enjoyment, or for the use and enjoyment of owners and occupants of
land adjoining or neighboring such open space. Open space may be passive
or active. Passive open space remains in a completely undeveloped
state and lacks formal facilities. Active open space has developed
facilities such as recreation centers, playgrounds, swimming pools,
tennis and basketball courts, and similar facilities.
Land within or related to a development, not individually
owned or dedicated for public use, which is intended for the common
use or enjoyment of the residents of the development and may include
such complementary structures as are necessary and appropriate. Common
open space may include recreation centers, playgrounds, swimming pools,
tennis and basketball courts, and similar facilities.
Any area of open space considered as undevelopable acreage
based on the presence of one or more of the following:
Resource protection areas and resource management areas, which
must be preserved to mitigate impacts to the water quality of adjacent
streams or water bodies.
Wetlands.
Steep slopes.
Endangered native plant and animal life pursuant to the Virginia
Department of Conservation and Recreation's 2003 Natural Heritage
Plan.
Any area of open space that is designated for community recreational
uses, to include but not limited to uses such as swimming pools, athletic
fields, tennis courts, basketball courts, golf courses, playgrounds,
boating docks, walking, bridle and bicycle trails.
The display and sale of products primarily outside of a permanent
building or structure, including vehicles, garden supplies, plant
materials, tires, oil and other vehicle maintenance supplies, food
and beverages, fireworks and holiday decorations.
The keeping, in other than a building, of any goods, materials,
or merchandise on the same parcel for more than 24 consecutive hours.
A district established by this chapter to prescribe special
regulations to be applied to a site in combination with the underlying
or base district.
A level landscaped or surfaced area, constructed of any materials,
directly adjacent to a principal building, and without walls or a
roof.
Occurring or existing on a regular or continual basis.
Any corporation, association, partnership, one or more individuals
or any unit of government or agency.
A component of a PUD that encompasses 20% or more of the
PUD.
A development, constructed on a tract of at least five acres,
planned and developed as an integral residential neighborhood unit.
The subdivision shall consist of five or more lots of five acres or
less, each lot designed and intended for the construction of a residential
dwelling.
Roofed open areas, which may be glazed or screened, usually
attached to or part of and with direct access to or from, a building.
A building or structure in which the primary use of the lot
on which the building is located is conducted.
The main use of land or structures as distinguished from
a secondary or accessory use.
Unless otherwise specifically indicated, private shall mean
anything not owned, operated, provided and/or maintained by a local,
state, or federal government.
The open air sale of agricultural products such as vegetables,
fruits, herbs, grains, mushrooms, flowers, potted or bedding plants,
honey, meat, dairy or eggs directly to the public by a group of farmers
or producers that occurs on a regular basis (no more than once per
week for a minimum of 12 weeks in a calendar year) on privately owned
land. Handcrafted products (such as wooden furniture, or textiles)
or value added products (such as jam or beeswax candles) or other
handmade food products (such as baked goods) may be sold; but sellers
of these goods may not comprise the majority of the vendors. Flea
markets, yard sales, wayside stands, auctions, and the sale of items
from a truck are not "private farmers' markets."
[Added 12-13-2016 by Ord.
No. 16-24]
Unless otherwise specifically indicated, public shall mean
anything owned, operated, provided and/or maintained by a local, state,
or federal government.
A water or sewer system owned and operated by: (1) a municipality,
public service authority or county; or, (2) a private individual or
a corporation approved and properly licensed by the State Corporation
Commission prior to the adoption date of this chapter; and meeting
the requirements of the State Health Department and/or Virginia Department
of Environmental Quality.[5]
A small nonmotorized vehicle which is generally pulled by
a motorized vehicle and features an open-top or enclosed rear cargo
area and is used for the hauling of light loads.
[Added 8-1-2017 by Ord.
No. 16-29]
A large motorized vehicle that often contains a bathroom,
kitchen, and beds for use during travel and camping; commonly referred
to as an RV.
[Added 8-1-2017 by Ord.
No. 16-29]
The process of developing land that is or has been previously
developed.
The cost of restoring a damaged building or structure to
its original condition. Replacement cost shall include reasonable
estimates of the cost of materials and labor and shall be compared
with the assessed value as determined by the City of Colonial Heights
to determine the percentage of the cost of improvements.
That component of the Chesapeake Bay Preservation Area that
is not classified as the resource protection area.
That component of the Chesapeake Bay Preservation Area comprised
of lands adjacent to water bodies with perennial flow that have an
intrinsic water quality value due to the ecological and biological
processes they perform or are sensitive to impacts which may result
in significant degradation to the quality of state waters.
A legally established area or strip of land, either public
or private, on which an irrevocable right of passage has been recorded.
A method of visually shielding or obscuring one or more abutting
or nearby structures or uses from other structures or uses by fencing,
walls, berms or by densely planted vegetation. Screening is intended
to substantially obscure the visual impacts between adjoining uses.
The minimum distance by which any building or structure must
be separated from a street right-of-way or lot line.
A group of commercial establishments planned, constructed
and managed as a total entity with shared access, customer and employee
parking provided on site, provision of goods' delivery separated from
customer access, aesthetic considerations and protection from the
elements.
A boundary line between a body of water and the land. This
line shall consist of the sloping margin of, or the ground bordering
a stream, river, reservoir, lake etc., and serve to define the limits
of, and confine the waters to, the natural channel or impoundment
during periods of normal flow or volume.
Any letters, figures, designs, symbol, trademark, advertisement
or illuminating device intended to attract attention to any place,
subject, person, firm, corporation, public performance, article, machine
or merchandise, that is painted, printed or constructed and displayed
in any manner out-of-doors for recognized advertising purposes, and
any advertising structure to which such letters, figures, designs,
symbol, trademark, advertisement or illuminating device may be attached.
Any temporary sign, attached to a structure or freestanding,
used for a commercial message.
Any sign projecting beneath the underside of any structural
overhang or passageway.
Any sign attached to, displayed on, or incorporated within
an awning.
Any temporary sign of lightweight fabric or similar material
that is mounted to a pole or a building by a permanent frame at one
or more edges.
Any sign outside of the public street, road and highway rights-of-way
which (a) is 10 feet or more in height or 32 square feet or more in
area, or both; and (b) advertises any business, commodity, service,
facility, activity or entertainment sold or offered or conducted elsewhere
than upon the same parcel of land where the sign is located.
Any sign supported by uprights or braces or any other devices,
or painted on or otherwise attached to any building or structure,
and not meeting the definition of a freestanding sign.
Any freestanding sign listing the names, times, use and locations
of various services, offices or activities within a building or group
of buildings of (a) a public or semiprivate use, (b) a not-for-profit
or religious use, or (c) a medical office, clinic or hospital.
Any sign attached to, displayed on, or incorporated within
a canopy.
Any temporary sign identifying the architect, developer,
engineer, financier, contractor or other individual or firm involved
with construction, including announcements of the character of the
building, enterprise or purpose for which the building is intended.
Any sign whose major purpose is to direct attention to the
location of any business, commodity, service, facility or entertainment
conducted, sold or offered upon the same lot where the sign is erected.
The out-of-doors display of merchandise labeled or conspicuously
sited denoting items for sale on the premises.
A computer-controlled variable-message electronic sign.
Any sign supported by uprights or braces placed on or in
the ground, or any object on the ground, not attached to any building.
Any freestanding sign less than eight feet in height.
Any historical marker, monument, sign or notice, on public
or private property or any public street, road or highway, bearing
any legend, inscription or notice which purports to record an historical
event, incident or fact directed in the City of Colonial Heights,
conforming to the requirements of Title 10.1, Chapter 22, of the Code
of Virginia.
Any signs secondary to the primary designation or advertising
of premises, including but not restricted to directional signs and
historical markers.
Any canopy or covered structure, supporting a sign, projecting
from or extending beyond a building facade when such canopy or covered
structure is supported by the building. This category shall include
signs mounted upon a cantilever where there is no other structural
purpose for the cantilever.
Any freestanding sign that contains three or more independent
businesses or uses.
A sign which advertises a commodity, product, service, activity
or any other person, place or thing, which is not located, found,
or sold on the premises upon which such sign is located.
A thin flat plate or tablet intended for ornamentation, used
only for building or occupant identification and bearing no advertisement.
Any freestanding sign which is eight feet or more in height.
Any temporary sign relating to the election of a person to
public office, to a political party or to a matter to be voted upon
at an election called by a duly constituted and recognized public
body.
Any temporary sign, including traffic control message sign,
which by its construction or nature may be or is intended to be freely
moved from one location to another.
Any sign not otherwise defined by this section which is attached
to a building or other structure and extends beyond the vertical surface
of that portion of the building or structure to which it is attached,
or any sign and/or advertising structure which extends more than 15
inches from the face of the wall or structure. "Horizontal projecting
sign" means any sign which is greater in width than in height. "Vertical
projecting sign" means any sign which is greater in height than in
width.
Any temporary sign advertising the sale, rental or lease
of the premises or part of the premises on which the sign is displayed.
Any sign erected, constructed or maintained wholly or partially
upon or over the roofline of any building, with the principal structural
support on the roof structure. This term shall include any sign, otherwise
classified, which protrudes above the roofline.
Any temporary portable freestanding sign, characterized by
an A-frame or other similar shape or design.
Any freestanding sign used pursuant to § 286-524 of this chapter.
Any temporary sign used to promote fund-raisers or other
similar events that benefit religious, charitable, military, fraternal
or community service organizations or that promotes employee safety
or similar corporate or organizational promotional activities.
Any sign, banner or advertising display or sign constructed
of light fabric, cardboard, wallboard, paper or other light materials,
with or without frames, intended to be displayed for a limited period
of time. Notwithstanding any other provisions of this chapter, national
flags, state or municipal flags, or the official flag of any institution
or business, shall not be considered a temporary sign.
Any temporary sign painted on or attached to a vehicle, which
sign relates to the business, activity, use, service or product of
the owner of the vehicle or to the sale of the vehicle and which sign
is incidental to the primary use of the vehicle.
Any sign which is affixed directly to, painted on or otherwise
inscribed on a wall or parapet wall of any building or structure,
with the exposed face of the sign in a plane approximately parallel
to the plane of such wall and extending therefrom less than 18 inches.
A wall sign projecting above the top of the wall to which it is attached
shall be considered a roof sign.
Temporary signs that include banners, balloons, inflatables
and strings of pennants or flags that are used for advertising or
display.
Any permanent sign oriented to the public right-of-way, legible
to pedestrians or persons in vehicles, or identifiable from an adjoining
property line, and placed either on the outside of a window, on the
inside face of a glass window or inside a building and within a distance
of the window such that it is intended for viewing from the exterior.
A temporary sign used to display advertising for yard or
garage sales.
Forest management activities, including but not limited to
the harvesting of timber, the construction of roads and trails for
forest management purposes, and the preparation of property for reforestation
that are conducted in accordance with the silvicultural best management
practices developed and enforced by the State Forester pursuant to
§ 10.1-1105 of the Code of Virginia and are located on property
defined as real estate devoted to forest use under § 58.1-3230
of the Code of Virginia.
Terrain generally classified as having a 25% vertical rise
to the horizontal run.
A use with operating and/or physical characteristics different
from those uses permitted by right in a given zoning district which
may, nonetheless, be compatible with those by-right uses under special
conditions and with adequate public review. Special exceptions are
allowed only at the discretion and approval of City Council following
review and recommendation by the Planning Commission and staff.
(a) Less than completely and opaquely covered: (1) Human
genitals, pubic region, (2) buttock, and (3) female breast below a
point immediately above the top of the areola; and (b) human male
genitals in a discernibly turgid state, even if completely and opaquely
covered.
(a) Human genitals in a state of sexual stimulation or arousal;
(b) acts of human masturbation, sexual intercourse, or sodomy; and
(c) fondling or other erotic touching of human genitals, pubic region,
buttock, or female breast.
Any tower that is designed so that all of its structural
components including the associated antenna are camouflaged, disguised
or otherwise hidden for the purpose of making the tower and antennae
unnoticeable to the casual observer, or otherwise unrecognizable as
a tower.
A platform, without a roof, located at the entrance of a
building with sufficient area to facilitate only the ingress and egress
to the building.
A portable or moveable, weather-resistant receptacle designed
and used for the storage or shipment of household goods, wares, valuables,
or merchandise (typically known as PODS, MODS, etc.)
[Added 8-1-2017 by Ord.
No. 16-29]
That portion of a building included between the surface of
any floor and the floor next above it, or if there is not a floor
above it, then the space between the floor and the ceiling above it.
Any vehicular way which: (1) is an existing federal, state
or municipal roadway: or, (2) is shown on a plat approved pursuant
to law; or, (3) is approved by other official action. The term street
shall include road and highway. Unless otherwise indicated, the term
street shall refer to both public and private streets.
A street with only one outlet and an appropriate turnaround
for a safe and convenient reversal of traffic movement.
Anything that is constructed or erected with a fixed location
on the ground, or attached to something having a fixed location on
the ground, including but not limited to buildings, signs, manufactured
homes and swimming pools. Walls and fences shall not be deemed structures
except as otherwise specifically provided in this chapter.
An establishment where tattooing and/or body piercing is
performed as the principal business activity.
Expansion or modification of a building or site which would
result in a disturbance of land exceeding an area of 2,500 square
feet.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its condition before damage would
equal or exceed 50% of the market value of the structure before such
damage occurred.
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started, or if
the structure has been damaged and is being restored, before the damage
occurred. This term includes structures which have incurred "substantial
damage" regardless of the actual repair work performed. For the purpose
of this definition "substantial improvement" is considered to occur
when the first alteration of any wall, ceiling, floor or other structural
part of the building commences, whether or not that alteration affects
the external dimensions of the structure. The term does not, however,
include either any project for improvement for a structure to comply
with existing state or county health, sanitary or safety code specifications
which are solely necessary to assure safe living condition or any
alteration of a structure listed on the National Register of Historic
Places or the state landmarks register.
Within a PUD, any change that significantly alters and/or
impacts the character of an approved master plan.
A commercial type motor vehicle having a cylindrical tank
lying on chassis and designed to carry liquids or gases.
[Added 8-1-2017 by Ord.
No. 16-29]
The transmitting and receiving of electromagnetic signals
through the atmosphere.
Land contiguous to a tidal body of water between the mean
low water level and the mean high water level.
A commercial type motor vehicle used to recover and tow disabled
vehicles. There are three main types of tow trucks: flatbed, wheel-lift,
and hook and chain.
[Added 8-1-2017 by Ord.
No. 16-29]
For purposes of this ordinance, transient shall refer to
the limited, temporary and/or short-term occupancy, associated with
the hotel/motel/motor lodge or extended stay lodging use types. Transient
occupants must have, and be able to demonstrate that they maintain,
a principal place of permanent residence elsewhere.
An activity on the land other than development, including
but not limited to agriculture, horticulture and silviculture.
A reasonable deviation from the provisions regulating the
size or area of a lot or parcel of land, or the size, area, bulk or
location of a building or structure in accordance with, and as further
defined in § 15.2-2201 of the Code of Virginia.
A development of land that cannot exist outside of the resource
protection area and must be located on the shoreline by reason of
the intrinsic nature of its operation. These facilities include but
are not limited to ports; the intake and outfall structures of power
plants; sewers; marinas and other boat docking structures; beaches
and other public water-oriented recreation areas; and fisheries or
other marine resources facilities.
All areas defined by the United States Army Corps of Engineers
as wetlands.
A board of seven members as provided in § 28.2-1303
of the Code of Virginia.
Those wetlands other than tidal wetlands that are inundated
or saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions, as defined by the United States Environmental Protection
Agency pursuant to Section 404 of the Federal Clean Water Act, in
33 CFR 328.3b, dated November 13, 1986.
All that land lying contiguous to mean low water and which
land is between mean low water and mean high water not otherwise included
in the term "vegetated wetlands" as defined herein.
Vegetated and nonvegetated wetlands as defined in § 28.2-1300
of the Code of Virginia.
All that land lying between and contiguous to mean low water
and an elevation above mean low water equal to the factor 1.5 times
the mean tide range at the site of the proposed project in this City,
and upon which is growing on the effective date of this chapter or
grown thereon and subsequent thereto anyone or more of the following:
salt marsh cordgrass (Spartina alterniflora), saltmeadow hay (Spartina
patens), saltgrass (Distichlis spicata), black needlerush (Juncus
roemerianus), saltwort (Salicornia species), sea lavender (Limonium
species), marsh elder (Iva frutescent), groundsel bush (Baccaharis
halimifolia), wax myrtle (Myrica species), sea oxeye (Borrichia frutescent),
arrow arum (Peltandra virginica), pickerelweed (Pontederia cordata),
big cordgrass (Spartina cynosuroides), rice cutgrass (Leersia oryzoides),
wild rice (Zizania aquatica), bulrush (Scirpus validus), spikerush
(Eleocharis species), sea rocket (Cakile edentula), southern wild
rice (Zizaniopsis miliacea), cattails (Typha species), three-squares
(Scirpus species), buttonbush (Cephalianthus occidentalis), bald cypress
(Taxodium distichum), black gum (Nyssa sylvatica), tupelo (Nyssa aquatica),
dock (Rumex species), yellow pond lily (Nuphar species), marsh fleabane
(Pluchea purpurascens), royal fern (Osmunda regalis), march hibiscus
(Hibiscus moscheutos), beggar's tick (Bidens species), smartweed (Polygonum
species), arrowhead (Sagittaria species), sweet flag (Acorus calamus),
water hemp (Amaranthus cannabinus), reed grass (Phragmites communis)
and switch grass (Panicum virgatum).
A required open space on a lot, unoccupied and unobstructed
from the ground upward, unless otherwise provided by this chapter.
A yard between the front building line and the street right-of-way
extending across the full width of the lot.
A yard between the rear line of the building and the rear
line of the lot extending the full width of the lot.
A yard between the side line of the building and the side
line of the lot extending from the front lot line to the rear lot
line.
The Zoning Administrator of the City of Colonial Heights,
Virginia, or an authorized agent thereof, also referred to in this
chapter as the Administrator.
[1]
Editor's Note: The definitions of "base flood" and "base flood
elevation (BFE)," which immediately followed this definition, were
repealed 8-14-2012 by Ord. No. 12-16.
[2]
Editor's Note: See § 286-318.10, Board of Architectural Review.
[3]
Editor’s Note: Code of Virginia, § 10.1-2107 was
repealed by Acts 2013, cc. 756 and 793. See now Code of Virginia,
§ 62.1-44.15:72.
[4]
Editor's Note: The definitions of "flood," "flood, one-hundred-year,"
"flood proofing," "floodplain," "floodway" and "floodway fringe,"
which immediately followed this definition, were repealed 8-14-2012
by Ord. No. 12-16.
[5]
Editor's Note: The definition of "recreational vehicle," which
immediately followed this definition, was repealed 8-14-2012 by Ord.
No. 12-16.
A.
The purpose of use types is to establish a classification system
for land uses and a consistent set of terms defining uses permitted
within various zoning districts in the City. The use types section
also facilitates the process of determining the applicable use type
of any activity not explicitly defined.
B.
In the event of any question as to the appropriate use type of any
existing or proposed use or activity, the Administrator shall have
the authority to determine the appropriate use type. In making such
determination, the Administrator shall consider the operational and
physical characteristics of the use in question and shall consider
the classification contained in the most recent edition of the North
American Industry Classification System Manual published by the U.S.
Office of Management and Budget. In addition, the Administrator shall
consider the specific requirements of the use in common with those
included as examples of use types. Those examples, when included in
use type descriptions, are intended to be illustrative, as opposed
to exclusive lists. The Administrator may also determine that a proposed
use or activity is sufficiently different from any use type listed
below and thus will require an amendment to the text of this ordinance.
C.
The Administrator shall make such determinations of appropriate use
types in writing, which shall include an explanation of the reasons
for the determination.
The use of land for the production of food and fiber, including
farming, dairying, pasturage, agriculture, horticulture, viticulture,
and animal and poultry husbandry. A garden accessory to a residence
shall not be considered agriculture. The keeping of a cow, pig, sheep,
goat, chicken or similar animal shall constitute agriculture regardless
of the size of the animal and regardless of the purpose for which
it is kept.
The boarding, keeping, breeding, pasturing or raising of
horses, mules, donkeys, ponies or llamas exclusively for personal
use and enjoyment by the owner or occupant of the property or the
riding of such animals by the owner or occupant of the property or
his non-paying guests.
A second dwelling unit within a detached single-family dwelling
or within an accessory structure on the same lot as the detached single-family
dwelling, which is clearly incidental and subordinate to the main
dwelling unit.
The use of an individual lot for two dwelling units which
share at least one common wall, each occupied by one family.
A single-family dwelling in which more than five but less
than 13 individuals receive care, protection and guidance during only
part of a twenty-four-hour day. Individuals related by blood, legal
adoption or marriage to the person who maintains the home, or is providing
the care, shall not be counted towards this total. The care of five
or less individuals for portions of a day shall be considered a home
occupation.
A building used as a dwelling unit where not more than eight
mentally ill, intellectually disabled, or other developmentally disabled
persons, not related by blood or marriage, reside, with one or more
resident counselors or other staff persons and for which the Virginia
Department of Behavioral Health and Developmental Services is the
licensing authority, pursuant to § 15.2-2291 of the Code
of Virginia. Excluded from this definition are drug or alcohol rehabilitation
centers, halfway houses and similar uses.
[Amended 3-10-2020 by Ord. No. 20-1]
An accessory use of a dwelling unit for gainful employment involving the production, provision, or sale of goods and/or services in accordance with Article IV, Use and Design Standards.
A single or multi-sectional manufactured home as defined in § 286-200 of this chapter.
A manufactured home used temporarily for the period of reconstruction or replacement of an uninhabitable dwelling lost or destroyed by fire, flood, or other act of nature, or used temporarily as housing relief to victims of a federally declared disaster in accordance with § 286-404 of this chapter.
A building or portion thereof which contains three or more
dwelling units for permanent occupancy, regardless of the method of
ownership. Included in the use type would be garden apartments, low
and high rise apartments, apartments for elderly housing and condominiums.
A site built or modular building designed for or used exclusively
as one dwelling unit for permanent occupancy.
|
ATTACHED — Two single-family dwellings sharing a common
wall area, each on its own individual lot.
| |
|
DETACHED — A single-family dwelling which is surrounded
by open space or yards on all sides, is located on its own individual
lot, and which is not attached to any other dwelling by any means.
|
A transportable residential structure, providing an environment
facilitating a caregiver's provision of care for a mentally or physically
impaired person.
A grouping of three or more attached single-family dwellings
in a row, each on a separate lot of record, in which each unit has
its own front and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other unit by one
or more common walls.
An establishment, regulated by the Commonwealth of Virginia,
that provides shelter and services which may include meals, housekeeping,
and personal care assistance primarily for the elderly. Residents
are able to maintain a semi-independent lifestyle, not requiring the
more extensive care of a nursing home.
Land used or dedicated to the burial of the dead, including
columbariums, crematoriums, mausoleums, and necessary sales and maintenance
facilities. Funeral services use types shall be included when operated
within the boundary of such cemetery.
A use providing meeting or social facilities for civic or
social clubs, and similar organizations and associations, primarily
for use by members and guests. Recreational facilities, unless otherwise
specifically cited in this section, may be provided for members and
guests as an accessory use. This definition shall not include fraternal
or sororal organizations associated with colleges or universities.
A club does not include a building in which members reside.
A recreational facility for use solely by the residents and
guests of a particular residential development, planned unit development,
or residential neighborhood, including indoor and outdoor facilities.
These facilities are usually proposed or planned in association with
development and are usually located within or adjacent to such development.
A public or privately operated use providing housing and
care for individuals legally incarcerated, designed to isolate those
individuals from a surrounding community.
A facility providing temporary protective sanctuary for victims
of crime or abuse including emergency housing during crisis intervention
for individuals, such as victims of rape, child abuse, or physical
beatings.
A library, museum, or similar public or quasi-public use
displaying, preserving and exhibiting objects of community and cultural
interest in one or more of the arts or sciences.
An educational institution authorized by the Commonwealth
of Virginia to award associate, baccalaureate or higher degrees.
A public, private or parochial school offering instruction
at the elementary, junior and/or senior high school levels in the
branches of learning and study required to be taught in the public
schools of the Commonwealth of Virginia.
A governmental office providing administrative, clerical
or public contact services that deal directly with the citizen. Typical
uses include federal, state, City, town and county offices.
An establishment providing counseling, guidance, recuperative,
or similar services for persons requiring rehabilitation assistance
or therapy for only part of a twenty-four-hour day. This use type
shall not include facilities operated for the treatment of drug addiction
or substance abuse.
An establishment providing residential accommodations, rehabilitation,
counseling, and supervision to persons suffering from alcohol or drug
addiction, to persons reentering society after being released from
a correctional facility or other institution, or to persons suffering
from similar disorders or circumstances.
A residential facility primarily for the continuing care
of the elderly, providing for transitional housing progressing from
independent living in various dwelling units, with or without kitchen
facilities, and culminating in nursing home type care where all related
uses are located on the same lot. Such facility may include other
services integral to the personal and therapeutic care of the residents.
An establishment providing bed care and in-patient services
for persons requiring regular medical attention but excluding a facility
providing surgical or emergency medical services and excluding a facility
providing care for alcoholism, drug addiction, mental disease, or
communicable disease. Nursing homes have doctors or licensed nurses
on duty.
A publicly owned short-term parking facility for commuters.
An establishment providing postal services directly available
to the consumer operated by the United States Postal Service.
A facility owned and operated by a public or quasi-public
agency accommodating public assembly for sports, amusement, or entertainment
purposes. Typical uses include auditoriums, sports stadiums, convention
facilities, fairgrounds, and sales and exhibition facilities.
A public facility supporting maintenance, repair, vehicular
or equipment servicing, material storage, and similar activities including
street or sewer yards, equipment services centers, and similar uses
having characteristics of commercial services or contracting or industrial
activities.
Publicly owned and operated parks, picnic areas, playgrounds,
indoor or outdoor athletic facilities, and open spaces.
An establishment located in a permanent building and providing
regular organized religious worship and related incidental activities,
except primary or secondary schools and day care facilities.
A facility for the conduct of safety and emergency services
for the primary benefit of the public, whether publicly or privately
owned and operated, including police and fire protection services
and emergency medical and ambulance services.
Services of a regional nature which normally entail the construction
of new buildings or structures such as generating plants and sources,
electrical switching facilities and stations or substations, water
towers and tanks, community wastewater treatment plants, and similar
facilities. Included in this use type are also electric, gas, and
other utility transmission lines of a regional nature which are not
otherwise reviewed and approved by the Virginia State Corporation
Commission.
Services which are necessary to support existing and future
development within the immediate vicinity and involve only minor structures.
Included in this use type are distribution lines and small facilities
that are underground or overhead, such as transformers, relay and
booster devices, and well, water and sewer pump stations. Also included
are all major utility services that were in existence prior to the
adoption of this chapter.
An establishment that provides financial and banking services
to consumers or clients. Walk-in and drive-in services to consumers
are generally provided on site. Typical uses include banks, savings
and loan associations, savings banks, credit unions, lending establishments
and freestanding automatic teller machines.
An establishment devoted to business, professional, or administrative
uses excluding medical offices. Typical uses include real estate,
insurance, management, travel, computer software or information systems
research and development, or other business offices; organization
and association offices; or law, architectural, engineering, accounting
or other professional offices. Retail sales do not comprise more than
an accessory aspect of the primary activity of a general office.
An establishment primarily engaged in performing research
or testing activities into technological matters. Typical uses include
engineering and environmental laboratories, medical, optical, dental
and forensic laboratories, x-ray services; and pharmaceutical laboratories
only involved in research and development. Excluded from this use
type are any laboratories which mass produce one or more products
directly for the consumer market.
An establishment which provides physical or mental health
diagnoses, minor surgical care and outpatient care on a routine basis,
but which does not provide overnight care or serve as a base for an
ambulance service. Excluded from this definition shall be facilities
operated for the treatment of drug addiction and substance abuse.
"Medical office" includes offices operated by:
Persons licensed by the Commonwealth of Virginia to practice
medicine, osteopathy, chiropractic, podiatry, optometry, dentistry,
or acupuncture;
Persons licensed by the Commonwealth to practice professions in the healing arts similar to those in Subsection A;
Mental health service providers licensed by the Commonwealth
to practice clinical psychology, professional counseling, clinical
social work, marriage and family therapy, or practical nursing; and
Providers licensed by the Commonwealth to practice professions similar to those in Subsection C.
An establishment which provides outpatient services primarily
related to the treatment of alcohol, or other drug or substance abuse
disorders, which services include the dispensing and administering
of controlled substances and pharmaceutical products by professional
medical practitioners as licensed by the Commonwealth of Virginia.
An establishment that devotes more than 15% of the total
floor area utilized for the display of books and periodicals to the
display and sale of the following: (a) books, magazines, periodicals
or other printed matter, or photographs, films, motion pictures, blue
ray discs, compact discs, digital video discs, 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 (b) instruments, devices, or paraphernalia which are designed for
use in connection with "specified sexual activities." An adult bookstore
does not include an establishment that sells books or periodicals
as an incidental or accessory part of its principal stock-in-trade
and does not devote more than 15% of the total floor area of the establishment
to the sale of books and periodicals, or photographs, films, motion
pictures, blue ray discs, compact discs, digital video discs, video
cassettes, slides, tapes, records, or other forms of visual or audio
representations.
An open lot or part thereof, with appurtenant facilities,
devoted primarily to the presentation of motion pictures, films, theatrical
productions, and other forms of visual productions, for any form of
consideration, to persons in motor vehicles or on outdoor seats, and
presenting material distinguished or characterized by an emphasis
on matter depicting, describing or relating to "specific sexual activities"
or "specified anatomical areas" for observation by patrons.
An establishment, with a capacity of more than five but less
than 50 persons, where, for any form of consideration, 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 areas" for
observation by patrons.
An establishment open to the public where, for any form of
consideration or gratuity, figure models who display "specified anatomical
areas" are provided to be observed, sketched, drawn, painted, sculptured,
photographed, or similarly depicted by persons, other than the proprietor,
paying such consideration or gratuity. This provision shall not apply
to any school of art which is operated by an individual, firm, association,
partnership, corporation, or institution which meets the requirements
established in the Code of Virginia, for the issuance or conferring
of, and is in fact authorized thereunder to issue and confer, a diploma.
A place to which the public is permitted or invited where
coin or slug-operated or electronically, electrically, or mechanically
controlled still or motion picture machines, projectors, or other
image producing devices are maintained to show images to five or fewer
persons per machine at any one time, and where the images so displayed
are distinguished or characterized by an emphasis on depicting or
describing "specified sexual activities" or specified "anatomical
areas."
An establishment, with a capacity of 50 or more persons,
where, for any form of consideration, 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 areas" for observation by patrons.
Any adult bookstore, adult motion picture theater, adult
mini-motion picture theater, adult motion picture arcade, adult model
studio, or adult drive-in theater, as defined in this chapter.
Service provided specifically for the agricultural community
which is not directly associated with a farm operation. Included in
this use type would be servicing of agricultural equipment, independent
equipment operators, and other related agricultural services.
A place offering primarily antiques for sale. An antique
for the purposes of this chapter shall be a work of art, piece of
furniture, decorative object, or the like, of or belonging to the
past, at least 30 years old.
A building, designed and used primarily for the meeting or
assembly of a large group of people for a common purpose. Typical
uses include meeting halls, union halls, bingo halls, and catering
or banquet facilities.
An establishment that uses building, land area or other premises
for the display of new and used automobiles, trucks, vans, or motorcycles
for sale or rent, including any warranty repair work and other major
and minor repair service conducted as an accessory use.
A lot or establishment where three or more used motor vehicles,
including automobiles, trucks, and motorcycles are displayed at one
time for sale.
Retail sales of automobile parts and accessories. Typical
uses include automobile parts and supply stores which offer new and
factory rebuilt parts and accessories, and include establishments
which offer minor automobile repair services.
Rental of automobiles and light trucks and vans, including
incidental parking and servicing of vehicles for rent or lease. Typical
uses include auto rental agencies and taxicab dispatch areas.
Repair of construction equipment, commercial trucks, agricultural
implements and similar heavy equipment, including automobiles, where
major engine and transmission repairs are conducted. This includes
minor automobile repairs in conjunction with major automobile repairs.
Typical uses include automobile and truck repair garages, transmission
shops, radiator shops, body and fender shops, equipment service centers,
machine shops and other similar uses where major repair activities
are conducted.
Repair of automobiles, noncommercial trucks, motorcycles,
motor homes, recreational vehicles, or boats, including the sale,
installation, and servicing of equipment and parts. Typical uses include
tire sales and installation, wheel and brake shops, oil and lubrication
services and similar repair and service activities where minor repairs
and routine maintenance are conducted.
A dwelling, occupied by the owner, in which not more than
five bedrooms are provided for overnight guests for compensation,
on daily or weekly basis, with or without meals.
An establishment or place of business engaged in the sale,
rental or repair of office equipment, supplies and materials, or the
provision of services used by office, professional and service establishments.
Typical uses include office equipment and supply firms, small business
machine repair shops, convenience printing and copying establishments,
as well as temporary labor services.
An establishment providing education or training in business,
commerce, language, or other similar activity or occupational pursuit,
and not otherwise defined as an educational facility, either primary
and secondary, or college and university.
An establishment that washes and cleans vehicles. Typical
uses include automatic conveyor machines and self-service vehicle
washes.
An establishment which provides multiple coin operated amusement
or entertainment devices or machines as other than an incidental use
of the premises. Such devices would include pinball machines, video
games, and other games of skill or scoring, and would include pool
and/or billiard tables, whether or not they are coin operated. Typical
uses include game rooms, billiard and pool halls, and video arcades.
An establishment conducting predominantly spectator uses
within an enclosed building. Typical uses include motion-picture theaters,
and concert or music halls.
An establishment conducting predominantly participant uses
within an enclosed building. Typical uses include bowling alleys,
ice and roller skating rinks, indoor shooting ranges, indoor racquetball,
swimming, and/or tennis facilities.
An establishment conducting predominantly spectator uses
in open or partially enclosed or screened facilities. Typical uses
include sports arenas, go-cart, lawn mower, motor vehicle or animal
racing facilities, tractor pulls, and outdoor amusement parks.
An establishment conducting predominantly participant uses
in open or partially enclosed or screened facilities. Typical uses
include driving ranges, miniature golf, swimming pools, tennis courts,
outdoor racquetball courts, motorized cart and motorcycle tracks,
and motorized model airplane flying facilities.
An establishment primarily engaged in the provision of broadcasting
and other information relay services accomplished through the use
of electronic and telephonic mechanisms. Excluded from this use type
are facilities classified as utility services, major or minor and
towers. Typical uses include television studios, telecommunication
service centers, telegraph service offices or film and sound recording
facilities.
An establishment or place of business primarily engaged in
retail or wholesale sale, from the premises, of materials used in
the construction of buildings or other structures, but specifically
excluding automobile or equipment supplies otherwise classified herein.
Typical uses include, lumberyards, building material stores and home
supply establishments.
An establishment primarily engaged in the provision of repair
services to individuals and households, rather than businesses, but
excluding automotive and equipment repair use types. Typical uses
include appliance repair shops, shoe repair, watch or jewelry repair
shops, or repair of musical instruments.
An establishment primarily engaged in the provision of frequently
or recurrently needed goods for household consumption, such as prepackaged
food and beverages, and limited household supplies and hardware. Convenience
stores may include fuel pumps or the selling of fuel for motor vehicles.
Typical uses include neighborhood markets and country stores.
An establishment in which more than 10% of the total floor
area is designed or used as a dance floor, or where an admission fee
is directly collected or some other form of compensation is obtained
for dancing.
A facility operated for the purpose of providing care, protection
and guidance to 13 or more individuals during only part of a twenty-four
hour day. This term includes nursery schools, preschools, day care
centers for individuals, and other similar uses but excludes public
and private educational facilities or any facility offering care to
individuals for a full twenty-four-hour period.
An establishment primarily engaged in the sale or rental
of tools, trucks, tractors, construction equipment, agricultural implements,
similar industrial equipment; and the rental of recreational vehicles.
Included in this use type is the incidental storage, maintenance,
and servicing of such equipment.
A building or group of attached or detached buildings containing
lodging units available for rental or lease to transients for periods
of 30 consecutive days or more. Lodging units generally contain full
kitchens and kitchen wares, and on-site guest laundry facilities,
periodic maid service, and may offer restaurants, meeting rooms and/or
recreation facilities.
A building or lot used for the regular or periodic display
of new or used merchandise for sale. Flea markets are typically characterized
by one or more vendors who display goods on tables and/or in small
booths
Establishments engaged in undertaking services such as preparing
the dead for burial, and arranging and managing funerals. Typical
uses include mortuaries and crematories.
Establishments or places of business primarily engaged in
retail or wholesale (bulk) sale, from the premises, of trees, shrubs,
seeds, fertilizers, pesticides, plants and plant materials primarily
for agricultural, residential and commercial consumers. Such establishments
typically sell products purchased from others, but may sell some material
which they grow themselves. Typical uses include nurseries, plant
stores and lawn and garden centers.
Any place of business with fuel pumps and gasoline storage
tanks which provides fuels for motor vehicles.
A tract of land for playing golf, improved with tees, greens,
fairways, hazards, and which may include clubhouses and shelters.
Included would be executive or par three golf courses. Specifically
excluded would be independent driving ranges and any miniature golf
course.
A facility providing medical, psychiatric, or surgical service
for sick or injured persons primarily on an in-patient basis and including
ancillary facilities for outpatient and emergency treatment diagnostic
services, training, research, administration, and services to patients,
employees, or visitors.
A building or group of attached or detached buildings containing
lodging units available for rental or lease to transients for periods
of less than 30 consecutive days. Such uses generally provide additional
services such as daily maid service, restaurants, meeting rooms and/or
recreation facilities.
Any person engaged temporarily in the retail sale, lease,
or rental of goods, wares, or merchandise and who for the purpose
of conducting such business, displays such goods, wares, or merchandise
to the public outside a building on property in which such person
holds a legal temporary interest.
The boarding, breeding, raising, grooming or training of
dogs, cats, or other household pets of any age not owned by the owner
or occupant of the premises, for commercial gain.
Establishments primarily engaged in the provision of laundering,
cleaning or dyeing services other than those classified as "personal
services." Typical uses include bulk laundry and cleaning plants,
diaper services, or linen supply services.
An establishment primarily engaged in the display, retail
sale, rental, and minor repair of new and used manufactured homes,
parts, and equipment.
A building designed to provide rental storage space in cubicles
where each cubicle has a maximum floor area of 400 square feet. Each
cubicle shall be enclosed by walls and ceiling and have a separate
entrance for the loading and unloading of stored goods. Cubicles may
or may not be climate controlled.
A food establishment contained in a wheeled vehicle that
is readily moveable, including but not limited to trailers, trucks,
and vans; and is licensed by the Department of Motor Vehicles and
has a valid permit from the Environmental Health Division of the Virginia
Department of Health. These units are also known as "food trucks".
[Added 11-14-2017 by Ord.
No. 17-25; amended 1-8-2019 by Ord. No. 18-26]
A site used for the construction and display of model modular
homes, including a sales office and incidental storage associated
with the construction of the model homes.
The proprietor of any dwelling, lodging, or sleeping accommodations
offered as a short-term rental, whether in the capacity of owner,
lessee, sublessee, mortgagee in possession, licensee, or any other
possessory capacity.
[Added 12-12-2023 by Ord. No. 23-21]
An establishment engaged in the loaning of money on the security
of property pledged to a pawnbroker and the incidental sale of such
property.
Establishments primarily engaged in the provision of informational,
instructional, personal improvements and similar services. Typical
uses include driving schools, health spas or physical fitness studios,
reducing salons, dance studios, handicraft and hobby instruction.
Establishments or places of business engaged in the provision
of frequently or recurrently needed services of a personal nature.
Typical uses include beauty and barber shops; massage clinics; grooming
of pets; seamstresses, tailors; florists; and laundry dry cleaning
services.
An establishment engaged in the retail sales of recreational
vehicles, boats, and jet skis, including service and storage of vehicles
parts and related accessories.
An establishment engaged in the preparation and sale of food
and beverages containing no more than 2,000 gross square feet and
characterized primarily by table service to customers in non-disposable
containers. Typical uses include cafes, coffee shops and small restaurants.
An establishment engaged in the preparation and sale of food
and beverages for either take-out, delivery, or table service, served
in disposable containers at a counter, a drive-up or drive-thru service
facility, or at a curb.
An establishment engaged in the preparation and sale of food
and beverages containing more than 2,000 gross square feet and characterized
primarily by table service to customers in non-disposable containers.
An establishment engaged in sale or rental with incidental
service, of commonly used goods and merchandise for personal or household
use, excluding those classified more specifically by these use type
classifications.
The provision of a room or space 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. A dwelling used for short-term rental may be either hosted
or non-hosted.
[Added 12-12-2023 by Ord. No. 23-21]
|
HOSTED — The owner of the short-term rental dwelling lives
on the property, either in the same structure as the short-term rental
tenant(s) or in another structure on the property.
|
|
NON-HOSTED — The owner or agent of the short-term rental
dwelling does not live on the property being rented.
|
A dwelling that is used for short-term rental.
[Added 12-12-2023 by Ord. No. 23-21]
A building, or portion thereof, used as a place of work by
a sculptor, artist, photographer or similar artisan.
An establishment where tattooing and or body piercing is
performed as the principal business activity
An establishment containing a mixture of uses which cater
to the traveling public and in particular motor freight operators.
A travel center might include such uses as fuel pumps, restaurants,
overnight accommodations, retail sales related to the motor freight
industry, and similar uses.
An establishment rendering surgical and medical treatment
of animals. Boarding of animals shall only be conducted indoors, on
a short-term basis, and shall only be incidental to such hospital/clinic
use, unless also authorized and approved as a commercial kennel.
An establishment engaged in manufacturing or mixing of paving
materials derived from asphaltic mixtures or tar.
Process by which animal wastes and plant discards are combined
and manipulated to produce a soil additive/nutrient. Composting does
not include the processing of municipal wastes.
An establishment primarily engaged in construction activities,
including outside storage of materials and equipment. Typical uses
are building contractor's yards.
Establishments primarily engaged in the on-site production
of goods by hand manufacturing, within enclosed structures, involving
the use of hand tools, or the use of mechanical equipment commonly
associated with residential or commercial uses.
An establishment which has the potential to be dangerous
or extremely obnoxious. Included are those in which explosives are
stored, petroleum is refined, natural and liquid gas and other petroleum
derivatives are stored and/or distributed in bulk, radioactive materials
are compounded, pesticides and certain acids are manufactured, and
hazardous waste is treated or stored as the establishment's principal
activity.
An establishment engaged in the processing, manufacturing,
compounding, assembly, packaging, treatment or fabrication of materials
and products, from processed or previously manufactured materials.
Light industry is capable of operation in such a manner as to control
the external effects of the manufacturing process, such as smoke,
noise, soot, dirt, vibration, odor, etc. A machine shop is included
in this category. Also included is the manufacturing of apparel, electrical
appliances, electronic equipment, camera and photographic equipment,
ceramic products, cosmetics and toiletries, business machines, food,
paper products (but not the manufacture of paper from pulpwood), musical
instruments, medical appliances, tools or hardware, plastic products
(but not the processing of raw materials), pharmaceuticals or optical
goods, bicycles, and any other product of a similar nature or requiring
similar production characteristics.
Enterprises in which goods are generally mass produced from
raw materials on a large scale through use of an assembly line or
similar process, usually for sale to wholesalers or other industrial
or manufacturing uses. Included in this use type are industries involved
in processing and/or refining raw materials such as chemicals, rubber,
wood or wood pulp, forging, casting, melting, refining, extruding,
rolling, drawing, and/or alloying ferrous metals, and the production
of large durable goods such as automobiles, manufactured homes, or
other motor vehicles.
A facility where freight in transit is transferred from one
mode of transportation (air, rail, truck, water) to another mode of
transportation.
The use of land for the legal disposal of construction and
demolition wastes consisting of lumber, wire, sheet rock, broken brick,
shingles, glass, pipes, concrete, and metals and plastic associated
with construction and wastes from land clearing operations consisting
of stumps, wood, brush, and leaves.
The use of land for the legal disposal of only inert waste.
Inert waste is physically, chemically and biologically stable from
further degradation and considered to be non-reactive, and includes
rubble, concrete, broken bricks, and block.
The use of land for the legal disposal of municipal solid
waste derived from households, business and institutional establishments,
including garbage, trash, and rubbish, and from industrial establishments,
other than hazardous wastes as described by the Virginia Hazardous
Waste Regulations.
An establishment processing meat products and by-products
directly from live animals or offal from dead animals.
Railroad yards, equipment servicing facilities, and terminal
facilities.
A receptacle or facility used for the collection and storage
of recyclable materials designed and labeled for citizens to voluntarily
take source separated materials for recycling.
An establishment involving on-site extraction of surface
or subsurface mineral products or natural resources. Typical uses
are quarries, borrow pits, sand and gravel operations, mining, and
soil mining. Specifically excluded from this use type shall be grading
and removal of dirt associated with an approved site plan or subdivision,
or excavations associated with, and for the improvement of, a bona
fide agricultural use.
An establishment for the storage of harvested timber and/or
the sawing of timber into lumber products.
A place of business primarily engaged in the storage, sale,
dismantling or other processing of uses or waste materials which are
not intended for reuse in their original forms. Typical uses include
paper and metal salvage yards, automotive wrecking yards, junkyards,
used tire storage yards, or retail and/or wholesale sales of used
automobile parts and supplies.
Any storage or collection facility which is operated as a
relay point for municipal solid waste which ultimately is to be transferred
to a landfill.
A facility for loading, unloading, and interchange of passengers,
baggage, and incidental freight or package express between modes of
ground transportation, including bus terminals, railroad stations,
and public transit facilities.
A facility for the receipt, transfer, short-term storage,
and dispatching of goods transported by truck. Included in the use
type would be express and other mail and package distribution facilities,
including such facilities operated by the U.S. Post Office.
An establishment specializing in storage, warehousing and
dispatching of goods within enclosed structures, or outdoors. Typical
uses include wholesale distributors, storage warehouses and, moving/storage
firms.
A structure on which an antenna is installed for the purpose
of transmitting and receiving amateur radio signals erected and operated
by an amateur radio operator licensed by the Federal Communications
Commission (FCC).
Landing fields, aircraft parking, service facilities and
related facilities for the operation, service, fueling, repair, storage,
charter, sales, and rental of aircraft, including activities directly
associated with the operation and maintenance of airport facilities
and the provision of safety and security.
Any area of land used or intended to be used for the landing
or taking-off of aircraft for personal use of the tenant or owner
of the site, and not available for public use or commercial operations.
Aircraft include helicopters, and all fixed wing planes and gliders,
including hang gliders.
A site used for surface parking or a parking structure unrelated
to a specific use which provides one or more parking spaces together
with driveways, aisles, turning and maneuvering areas, incorporated
landscaped areas, and similar features meeting the requirements established
by this ordinance. This use type shall not include parking facilities
accessory to a permitted principal use.
A site where land is used for archery and the discharging
of firearms for the purposes of target practice, skeet and trap shooting,
mock war games, or temporary competitions, such as a turkey shoot.
Excluded from this use type shall be general hunting and the unstructured
and nonrecurring discharging of firearms on private property with
the property owner's permission.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas. The term includes
but is not limited to radio and television transmission towers, microwave
towers, common-carrier towers, and cellular telephone and wireless
communication towers. Tower types include, but are not limited to
monopoles, lattice towers, wooden poles, and guyed towers. Excluded
from this definition are amateur radio towers, which are otherwise
defined.
