Northumberland County, VA General Provisions

Definitions. For the purpose of this chapter, certain words and terms are defined as follows:

A commercial slaughterhouse.

A subordinate structure detached from but located on the same lot with the principal structure, the use of which is incidental to that of the principal structure.

ACREAGE

A parcel of land, regardless of area, described by metes and bounds.

ADULT ASSISTED-CARE FACILITY

A building or group of buildings which, for compensation, provide sleeping and dining accommodations specifically for persons to assist in their day-to-day living needs but not specific health care needs. This facility is licensed by the State Department of Social Services and does not include the definition of a "nursing home" or "hospital." See "health care facility."

AGRICULTURAL PROCESSING (PRODUCE PROCESSING)

Processing operations for agricultural products, including meat preparation; feed mills; dairy processing; timber processing; and fruit and vegetable packing, sorting and grading, as an accessory to an agricultural use.

AGRICULTURE

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

AIRPORT and/or HELIPORT

Any area of land or water which is used or intended, either publicly or privately, for the landing and takeoff of aircraft, which may include all necessary taxiways, tie-down areas, fuel storage, hangars, maintenance/repair facilities, instruction, charter/rental, buildings, discharge or receiving of cargoes and/or passengers, and other appurtenances; includes airstrips, airfields, airparks, landing strips, helistops, and/or helipads.

ALLEY

A public or private right-of-way primarily designed to serve as access to the side or rear of those properties whose principal frontage is on a street. Additionally, the alley may be used for drainage and utility easements and/or improvements.

ALTERATION

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

ANIMAL HOSPITALS OR VETERINARY CLINICS WITH OR WITHOUT RUNWAYS OR OUTSIDE PENS

Any building or portion thereof designed or used for the care, observation or treatment of cats, dogs, or other household pets, with incidental boarding.

ANTIQUE SHOP

A building where goods are offered for sale consisting primarily of reconditioned merchandise or of bona fide antiques. See "business, small or large retail/wholesale."

APARTMENT

See "dwelling, multiple-unit."

AQUACULTURE, COMMERCIAL

The rearing and harvesting of aquatic organisms in controlled or selected environments, conducted in marine, estuarine, or fresh water for sale.

AQUACULTURE FACILITY, COMMERCIAL

Any land, structure, or other appurtenance, including, but not limited to, any laboratory, hatchery, pond, raceway, pen, cage, or incubator, that is used for commercial aquaculture.

AQUATIC ORGANISM

Any species or hybrid of aquatic animal or plant, including, but not limited to, "fish," "fishes," "shellfish," "marine fish," and "organisms," as those terms are defined by the Code of Virginia § 28.2-100.

ASPHALT OR CONCRETE BATCHING PLANT

A building and/or associated land area where components are combined to manufacture asphalt or concrete and transported to the customer. This definition may include manufacturing of concrete products such as septic tanks, culverts, etc.

ASSEMBLY/MANUFACTURING FACILITY

A structure used for the fitting together of parts or components to form a partial or complete unit.

ASSEMBLY/SOCIAL HALL

A building or portion of a building primarily used for the public or membership groups to assemble for civic, educational, political, religious, or social purposes.

ATTACHED

When pertaining to structures, a physical connection to a structure by a structural element or structural feature. The term "attached" cannot be used to circumvent any other provision of this chapter.

AUTOMOBILE GRAVEYARD

See "junkyard."

AUTOMOTIVE DISMANTLING

The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts. See "junkyard."

AUTOMOTIVE RECONDITIONING

Establishments primarily engaged in furnishing automotive repair of an intensive nature, such as general repairs, paint, or body shops, machine shops, vulcanizing shops, radiator repair shops, and engine and transmission repair shops.

AUTOMOTIVE/TRUCK SALES/SERVICE

The keeping of motor vehicles, recreational vehicles, campers, trailers, construction equipment, or similar equipment or machinery for sale or lease.

BAKERY

An establishment engaged in the retail or wholesale sale of baked goods for consumption or distribution. See "business, small retail/wholesale."

BANK or TRUST COMPANY

A building, with or without a drive-up window, primarily used for the custody, loan, or exchange of money; for the extension of credit; and for facilitating the transmission of funds.

BARBER/BEAUTY SHOP

An establishment in which, for compensation, services are rendered including but not limited to hairstyling, haircutting, hair coloring, manicuring/nail care, and tanning. See "business, small retail/wholesale."

BASEMENT

A story having part but not more than 1/2 of its height below grade.

BED-AND-BREAKFAST/TOURIST HOME

A dwelling unit, offering to the public, for compensation, lodging or sleeping accommodations of an individual guest room(s) on a daily or weekly basis for a period of 30 days or less. The operator shall live on the premises or on adjacent premises. A bed-and-breakfast shall offer one meal per day to each person to whom overnight lodging is provided.

[Amended 7-10-2014]

BIOSOLIDS

See Northumberland County Code Chapter 39, Biosolids.

BLACKSMITH SHOP, WELDING, OR MACHINE SHOP

A facility where material is processed by machining, cutting, grinding, welding or similar processes.

BOARDINGHOUSE

A building where, for compensation, lodging and meals are provided for at least five and not more than 14 persons.

BOAT BUILDING

A commercial establishment primarily engaged in the assembly and/or repair of marine vessels, including support services.

BOATHOUSE CANOPY, PRIVATE

A metal-framed structure with a fabric canopy over a tidal waterway attached to pilings that shelters a boat by complete or partial enclosure.

[Added 3-14-2024]

BOATHOUSE, PRIVATE

A structure built over a tidal waterway on pilings that shelters a boat by complete or partial enclosure.

BOAT SALES, SERVICE, AND/OR RENTAL

A building, structure or land used for the sales, service, or the leasing or rental of boats or watercraft, boat motors, or boat trailers.

BOAT STORAGE FACILITY (COMMERCIAL)

A facility for the dry storage of boats, together with accessory structures and uses.

BREWERY

[Added 7-9-2015]

(1)

BREWERY/MICROBREWERY/DISTILLERY A facility for the production and/or packaging of ale, beer, and/or other malt alcoholic beverages, and/or cider for retail and/or wholesale distribution. A brewery/microbrewery/distillery may include a tasting room. A microbrewery shall not exceed 15,000 barrels per calendar year.

(2)

FARM BREWERY An establishment located on one or more lots in Northumberland County licensed as a limited brewery under Code of Virginia, § 4.1-208.

BUILDING

Any structure having a roof supported by columns or walls, for the housing or enclosure of person, animals or chattels.

BULK OIL/PROPANE STORAGE, COMMERCIAL

A fixed installation where these products are stored, either for subsequent transshipment to a smaller fixed installation or for pickup for transport to the site where the product will be used by the consumer. Materials may be stored in one or more tanks on the site, the size of a tank being constrained by federal and state regulations pertaining to construction and safety standards. Such facilities shall not include retail sales. Accessory tanks for agriculture, aviation, boating, construction sites, or personal use are excluded from this definition.

BUSINESS, LARGE RETAIL/WHOLESALE

Businesses occupying 5,000 square feet or more of retail space under a roof that typically involve light to heavy traffic, such as larger hardware stores, larger grocery stores, department stores, shopping centers and similar commercial activities. This does not include light industry.

BUSINESS, SMALL RETAIL/WHOLESALE

Businesses occupying less than 5,000 square feet of retail space under a roof that typically involve light traffic, such as antique stores, barbershops, gift and specialty shops, bakeries, flower shops, wine and cheese stores, small grocery stores, and the like.

BUS TERMINAL

A building, premises or facility for the operation of a bus business, which includes but is not limited to ticket sales, repairs and customer parking.

CABINET, FURNITURE; AND UPHOLSTERY SHOP

Any building, structure or facility which is used for the production, repair, refinishing or upholstering of furniture, cabinets or other similar products.

CAMPING TRAILERS

A vehicular portable structure mounted on wheels, constructed with collapsible, partial sidewalls of fabric, plastic or other pliable materials, for folding compactly while being transported.

CARGO CONTAINER FOR STORAGE

A shipping container, with or without the wheels, to be used for private storage (does not include temporary contractor storage on construction sites).

CEMETERY

Any land or structure used or intended to be used for the interment of human remains, either by earth burial, entombment in a mausoleum, inurnment in a columbarium, or a combination thereof.

CHILD-CARE CENTER

Any structure which receives five or more children under the age of 14 years for care apart from their natural parents, legal guardians or custodians, when received for a regular period of time for compensation, provided that this definition shall not include public or private schools organized, operated or approved under Virginia laws or custody of children fixed by a court of competent jurisdiction or to churches or other religious or public institutions caring for children within the institutional building while their parents or legal guardians are attending services, activities, or meetings or are at work.

CHURCH

See "worship, places of."

CIRCUIT COURT

The Circuit Court of the County.

CLINIC

An office building or a group of offices for one or more physicians, surgeons or dentists engaged in treating the sick or injured, but not including rooms for abiding patients. See "health care facility."

CLUB, PRIVATE

A group of people associated for a common purpose, usually in an organization that meets regularly. The term includes lodges, fraternities, sororities, veterans' groups, political groups and similar organizations.

CLUB FACILITIES, PRIVATE

The facilities, including the clubhouse, used by the members of a club to carry out the activities of the club.

CLUSTER HOME DEVELOPMENT

A type of a development that allows the reduction of lot sizes below the minimum requirements of this chapter if the land thereby gained is preserved as permanent open space for the community.

COMMERCIAL

Any nonresidential service or business activity.

COMMISSION

The Planning Commission of Northumberland County, Virginia.

COMMON FACILITY/PROPERTY

All the real property and improvements set aside for the common use and enjoyment of the residents of a development, including, but not limited to, buildings, open space, private roads, parking areas, walkways, recreation areas, drainage easements, and any utilities that service more than one unit.

COMMON OPEN SPACE

Undeveloped land within a development that has been designated, dedicated, reserved, or restricted in perpetuity from further development and is set aside for the use and enjoyment by residents of the development. Common open space shall not be part of individual residential lots and can include, but not be limited to, walkways, bikeways, and outdoor active and passive recreation areas. Drainfields shall not be considered common open space.

COMMUNITY ASSOCIATION

A condominium or property owners' association.

COMMUNITY CENTER

A building used for recreational, social, educational and cultural activities, owned and operated by a public or nonprofit group or agency.

CONDOMINIUM

A condominium as defined in § 55-79.41 of the Code of Virginia.

CONDOMINIUM ASSOCIATION

An association, whose members consist of owners of units in a condominium, which administers and maintains the common property and common elements of a condominium. See "property owners' association."

CONSERVATION EASEMENT

The grant of a property right or interest from the property owner to another person, agency, unit of government, or organization, stipulating that the described land shall remain in its natural, scenic, open, or wooded state, precluding future or additional development in perpetuity.

CONSTRUCTION/SALES OFFICE, TEMPORARY

A structure used as a temporary office during a construction or sales operation. This use includes construction/sales office structures occupied in conjunction with residential or nonresidential development.

CONTRACTOR, BIOSOLIDS

An individual or company obtaining the permit and responsible for complying with the procedures for transporting biosolids (sludge) from the source for the application of sludge onto the land and/or to a storage facility.

CONVENIENCE STORE

An establishment, less than 5,000 square feet in retail space, selling a variety of grocery, household, and food items, including but not limited to prepared and prepackaged foods, coffee, beverages, tobacco products, magazines, fishing tackle, bait and ice. It is the intention of this definition not to include small grocery, specialty or gourmet stores and to include quick-service retail establishments which are characterized by high traffic generation and rapid turnover of customers. Petroleum products may also be offered for sale. See "business, small retail/wholesale."

COUNTRY CLUB

A land area and buildings containing recreational facilities, clubhouse and normal accessory uses, primarily open to members and their guests for a membership fee, and which may include but are not limited to swimming pools, tennis courts, golf courses, boating, stables and riding facilities, equestrian events but not racetracks; may include overnight accommodations for members and guests and dining facilities which may be for use by members, guests and the general public.

COUNTRY GENERAL STORE

A single store with less than 5,000 square feet of sales area which primarily offers for sale at retail a limited range of foods and related items, including but not limited to: bread, milk, meat, canned and bottled foods and beverages, tobacco products, fishing tackle and bait, newspapers, and hardware articles. Petroleum products may be offered for sale but only as a secondary activity. See "business, small retail/wholesale."

COUNTY

The County of Northumberland, Virginia.

DAIRY

A commercial establishment for the manufacture, processing and/or sale of dairy products.

DECOMMISSION (SOLAR)

The removal and proper disposal of solar energy equipment, facilities, or devices on real property. This included the reasonable restoration of the real property upon which such solar equipment, facilities, or devices are located, including (i) soil stabilization and (ii) revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities or devices.

[Added 9-14-2023]

DISTRICT

A division of territory within the County for the purposes of the regulation of its use under the provisions of this chapter.

DRUGSTORE/PHARMACY

An establishment dispensing drugs, medicines, and prescriptions in accordance with the Code of Virginia. The sale of nonmedicinal items may also constitute a portion of the retail business. See "business, small retail/wholesale."

DRY CLEANERS

A facility where dry-cleaning of clothing and household textiles for consumers is performed. This definition shall also include those facilities where clothing and household items are received from consumers, and returned for pickup by consumers, but at which no dry-cleaning processes are performed. See "business, small retail/wholesale."

DUMP HEAP (TRASH PILE)

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

DWELLING, MULTIPLE-UNIT

A structure arranged or designed to have more than one dwelling unit.

DWELLING, SINGLE-UNIT

Any structure which is designed for use for residential purposes, except hotels, boardinghouses, lodging houses, tourist homes, motels, trailers and travel trailers; a structure arranged or designed to have one dwelling unit.

DWELLING UNIT

A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

FARMERS MARKET

Retail sale of items including but not limited to fresh fruits, vegetables, and other food and related items, at a facility with spaces occupied by several different temporary tenants on a short-term or daily basis; may be indoor or outdoor; this term does not include roadside stands.

FARM MACHINERY SALES, RENTAL, SERVICE, AND/OR REPAIR

A commercial establishment for the sale, rental, service, and/or repair of equipment normally or routinely used on farms and gardens, and related parts, tools and accessories, but not of nonfarm equipment or materials.

FERRY

A vessel used to transport passengers, vehicles, and/or goods over a body of water.

FRONTAGE

The minimum width of a lot measured from one side lot line to the other along a straight line which shall be farther away from the street upon which the lot fronts than the building setback line as defined and required herein.

GARAGE, PRIVATE

An accessory building designed or used for the storage of private automobiles owned and used by the occupants of the building to which it is an accessory.

GARAGE, PUBLIC

A building or portion thereof, other than a private garage, used for storing of motor vehicles for compensation.

GOLF COURSE

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.

GOLF DRIVING RANGE

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

GOVERNING BODY

The Board of Supervisors of Northumberland County.

GROUP HOMES, LICENSED

See Code of Virginia.

GUARDHOUSE/SECURITY BUILDING

A building which may be occupied by a guard and located at the entrance to a subdivision (with not less than 10 lots), business or industry for the purpose of providing security to the people and property therein. A guardhouse shall not exceed one story in height, 144 square feet in area and, if located along public or private street rights-of-way, shall be approved by the Virginia Department of Transportation if applicable.

GUEST HOUSE

A subordinate structure customarily incidental to and located upon the same lot occupied by the main structure and containing a dwelling unit not exceeding the main structure in total square footage and not intended for the purpose of renting.

HEALTH CARE FACILITY

Any institution, place, building, or agency required to be licensed under Virginia law, including, but not limited to, any hospital, nursing facility or nursing home, boarding home, assisted living facility, supervised living facility, or ambulatory medical and surgical center. (See Code of Virginia § 15.2-2800.)[1]

HEALTH OFFICIAL

The health authority of the State Board of Health who is legally designated for the County, or his or her authorized representative.

HEIGHT OF BUILDING

The vertical distance measured from the average elevation of the existing grade of the building to the highest point of a flat or multilevel roof or, for gable or hip roofs, to the height of the ridge. Chimneys, spires, towers, mechanical penthouses, tanks, and similar projections not intended for human occupancy shall be excluded.

HISTORICAL AREA

As indicated on the Zoning Map, to which the provisions of this chapter apply for the protection of an historical heritage.

HOME OCCUPATION

Any occupation or activity which is clearly incidental and secondary to use of the premises as a dwelling and which is carried on wholly or in part within a main building or accessory building by an occupant of the premises. Home occupations shall include child-care centers.

HOME PROFESSIONAL OFFICE

The office, studio or occupational room/rooms of a physician, dentist, lawyer, surveyor, architect, musician or other licensed person, when such use is conducted within a dwelling which is a bona fide residence of the practitioner.

HOSPITAL

An institution rendering medical, surgical, obstetrical or convalescent care, including nursing homes, homes for the aged and sanatoriums, but in all cases including institutions primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts. (Certain nursing homes and homes for the aged may be a home occupation if they comply with the definitions herein.) See "health care facility."

HOSPITAL, SPECIAL CARE

An institution rendering care primarily for mental or feebleminded patients, epileptics, alcoholics or drug addicts. See "health care facility."

HOTEL

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

HUNT CLUB FACILITY

A group of individuals organized for the purpose of hunting wildlife or game and which owns, leases or rents a building and/or facility. Membership fees, regular meetings and bylaws may or may not be required by the organization.

IMPERVIOUS SURFACE

A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil and permits precipitation to discharge (runoff) across the land surface and through conveyances to one or more waterways. Impervious surfaces include, but are not limited to, roofs and buildings without water retention facilities, streets, parking areas, and any concrete, asphalt or compacted gravel surface. (Modified Virginia Administrative Code 9VAC10-20-49).[2]

INFILTRATION FACILITY

A stormwater management facility that temporarily impounds runoff and discharges it via infiltration through the surrounding soil.

INTEGRATED MANAGEMENT PRACTICES (IMP)

The microscale and distributed management techniques to achieve desired post-development hydrologic conditions. These include bioretention, dry wells, filter/buffer strips, grassed swales, rain barrels, cisterns, and infiltration trenches.

INTENSIVE AGRICULTURAL LIVESTOCK OPERATION

See specific definitions that apply to this item in Article XI, § 148-112.

JUNKYARD

The use of any area of land lying within 100 feet of a state highway or the use of more than 1,000 square feet of land area in any location for the storage, keeping or abandonment of junk, including scrap metals, or other scrap materials. The term "junkyard" shall include the term "automobile graveyard" as defined in § 33.1-348, Code of Virginia.

KENNEL, COMMERCIAL

A place prepared to house, board, breed, handle, sell or otherwise keep or care for dogs or other small animals in return for compensation.

LABORATORIES, TESTING/PHARMACEUTICAL/SCIENTIFIC

A building with a facility for scientific research primarily used for the analysis of natural resources, medical resources, and manufactured materials. This category includes environmental laboratories for the analysis of air, water, and soil; medical and veterinary laboratories; and forensic laboratories for analysis of evidence in the support of law enforcement.

LANDFILL, SANITARY

A landfill accepting nonhazardous debris, trash or waste, which is covered with clean fill after each day's operation, and which meets all standards of and is, or will be, properly licensed by the Department of Environmental Quality.

LARGE RETAIL/WHOLESALE BUSINESS

See "business, large retail/wholesale."

LAUNDROMAT

An establishment providing washing, drying and/or dry-cleaning machines on the premises for rent or use by the general public for family laundering or dry-cleaning purposes. See "business, small retail/wholesale."

LIGHT INDUSTRY

Includes warehousing and light manufacturing which produce some noise, traffic congestion or danger, but which are of such limited scale or character that they present no serious hazard to neighboring properties from fire, smoke, noise or odors. Examples are lumberyards, warehouses, research laboratories, auto repair shops, bakeries, bottling plants, electronic plants, storage warehouses, and steel or metal fabrication.

LIGHTING

(1)

FULLY SHIELDED LIGHTA light constructed and installed in such a manner that all light emitted by the lamp, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the light, is projected below the horizontal plane through the light's lowest light-emitting part.

(2)

GLARELighting entering the eye directly from lights or indirectly from reflective surfaces that causes visual discomfort or reduced visibility.

(3)

LIGHT TRESPASSLight that falls beyond the property it is intended to illuminate.

(4)

LUXThe unit of measure expressing the quantity of light received on a surface.

(5)

SHIELDED DIRECTIONAL LIGHTA light that includes an adjustable mounting device allowing aiming in any direction and contains a shield, louver, or baffle to reduce direct view of the lamp.

(6)

UNSHIELDED LIGHTA light capable of emitting light in any direction, including downward.

LIVESTOCK

All horses and animals of the equine species, all cattle and animals of the bovine species, all hogs or animals of the porcine species, all sheep and animals of the ovine species, all goats or animals of the caprine species, and any other grazing animals such as llamas or alpacas kept for food, fiber, work or other productive purposes.

[Added 10-14-2021]

LIVESTOCK MARKET

A commercial establishment wherein livestock are collected and sold.

LOT

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

LOT, CORNER

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

LOT, DEPTH OF

The average horizontal distance between the front and rear lot lines.

LOT, DOUBLE-FRONTAGE

An interior lot having frontage on two streets.

LOT, INTERIOR

Any lot other than a corner lot.

LOT OF RECORD

A lot, a plat or description of which has been recorded in the Clerk's office of the Circuit Court.

LOT, WIDTH OF

The average horizontal distance between side lot lines.

LOW-IMPACT DEVELOPMENT (LID)

A set of site design approaches and small-scale stormwater management practices that seek to maintain the site's predevelopment aquifer return rates and volumes of runoff. LID accomplishes this through the minimization of impervious cover, strategic placement of buildings, pavement and landscaping, and the use of small-scale distributed runoff management features that are collectively called "integrated management practices."

MAIN BUILDING OR STRUCTURE

The principal building on a lot or the building housing the principal use on the lot.

MANUFACTURE and/or MANUFACTURING

The processing and/or converting of raw, unfinished materials or products or any of them into articles or substances of a different character or for use for a different purpose.

MARINA/BOATYARD, COMMERCIAL

A boating establishment operated for profit located on a tidal waterway, which may provide covered or uncovered boat slips, dock space or dry boat storage, where hull and engine repairs, boat and accessory sales, packaged food and/or beverage sales, restaurants, personal services, fueling facilities, storage and overnight guest facilities, or any combination of these, are provided.

MARINA, PRIVATE, NONCOMMERCIAL OR CLUB-TYPE

A boating establishment located on a tidal waterway, which may provide covered or uncovered boat slips, dock space or dry boat storage, intended to be used for mooring of boats by residents of the general neighborhood or a club with no commercial facilities.

MARINE RAILWAY

A structure designed to recover marine vessels for maintenance and/or for the construction and launching of marine vessels.

MOBILE/MANUFACTURED HOME

A dwelling unit subject to federal regulations, as set forth in the Virginia Construction Code, applicable to site-built homes, composed of one or more components, each of which was substantially assembled in a manufacturing plant and designed to be transported to the home site on its own chassis, and exceeds 40 feet in length and eight feet in width.

MOBILE/MANUFACTURED HOME PARK

Any site, lot, field or tract of land upon which are located two or more occupied mobile/manufactured homes or which is held out for the location of any occupied mobile/manufactured home, which mobile/manufactured homes or lots are intended for use by a person or persons other than the property owner (tenant, lessee or other person entitled to the possession).

MOBILE/MANUFACTURED HOME PARK, FAMILY

Any lot, site, field or tract of land upon which are located a minimum of two and a maximum of four occupied mobile/manufactured homes, which mobile homes or lots are intended for use by a person or persons in the immediate family of the property owner as defined in the Code of Virginia, as amended.

MOBILE/MANUFACTURED HOME SALES YARD

A building having the characteristics of a residential dwelling which exists for the purpose of display or advertising in connection with the sale of like units.

MOTEL, CABIN or MOTOR LODGE

One or more buildings containing individual sleeping rooms, designed for or used temporarily by tourists or transients, with a garage or parking space conveniently located next to each unit. Cooking facilities may be provided for each unit.

MUSEUM

A facility used for the primary purpose of displaying artifacts, artwork, historical documents, photographs, costumes, and other natural or man-made objects. The facility may include accessory meeting rooms, lecture halls, and/or other meeting-related facilities/activities.

NONCONFORMING ACTIVITY

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.

NONCONFORMING LOT

An otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located.

NONCONFORMING STRUCTURE

An otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage or other area regulations of this chapter or is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located.

NURSERIES AND GREENHOUSES, COMMERCIAL

An enterprise which conducts the growing, retail and/or wholesale sales of plants, as well as accessory items directly related to their care and maintenance.

NURSING HOME

Any structure occupied by sick, infirm or convalescent persons who are attended by medical personnel caring for their physical and mental requirements, generally on a long-term basis, which is licensed by the State Department of Health. See "health care facility."

OFFICE BUILDING

A room or group of rooms used for conducting the affairs of a business, profession, service industry, or government.

OFF-STREET PARKING AREA

Space provided for vehicular parking outside the dedicated street right-of-way.

PARAPET

A low, protective external wall that extends above a roof or balcony or portion thereof.

PARCEL

A measured portion of land separated from other portions of land as described by metes and bounds, or described as a separate, discrete tract in an instrument of conveyance or devise and recorded in the office of the Clerk of the Circuit Court of Northumberland County.

PAWNBROKER SHOP

A place of business of any person authorized by the Circuit Court for Northumberland County to engage in the business of a pawnbroker as defined by the Code of Virginia § 54.1-4000 et seq.

PEN

A small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop.

PIER, COMMERCIAL

Any open pile structure built over tidal waters used for the loading and off-loading of commercial goods and/or for the mooring of any commercial boat(s) and/or marine construction equipment (whether or not it is owned by the property owner).

PIER, COMMUNITY

Any open pile structure built over tidal waters used for the mooring of boats by the residents and guests of a specific neighborhood or development with no water-related commercial facilities or activities.

PIER, PRIVATE NONCOMMERCIAL

Any open pile structure, including any associated mooring piles, built over tidal waters, also referred to as a "dock" or "wharf," used for the mooring of the property owner's boat(s). The loading and off-loading of the property owner's seafood and/or passengers for hire is allowed.

PLANNED UNIT DEVELOPMENT (PUD)

A self-contained development with a mixture of housing types and densities. The land uses in such a development are also mixed and may include residential, commercial and other types of uses. In general, conventional zoning and subdivision regulations apply to the planned unit development as a whole and not to individual lots in a planned unit development, but instead they control the overall density of the development. Area requirements in a planned unit development (PUD) served by both public water and sewage may be modified by the governing body.

PORT

A facility where vessels may take on or discharge passengers, vehicles, and/or goods.

PRECIOUS METALS DEALER SHOP

The place of business of any person permitted by the Sheriff of Northumberland County to engage in the business of a dealer in precious metals and gems as defined in Chapter 109, Precious Metals and Gems, of the Code of Northumberland County.

PRIVATE STORAGE BUILDING

A storage building, not for agricultural purposes and not a private garage built in conjunction with a proposed dwelling on the same parcel or on adjoining parcel, which is the principal building on a parcel for the private use of the landowner.

PROFESSIONAL BUSINESS OFFICE

See "office building."

PROPERTY OWNERS' ASSOCIATION (POA)

An association combining individual home or commercial unit ownership with shared use, ownership, maintenance, and responsibility for common property or facilities; includes homeowners' associations.

PRO SHOP

A shop at which equipment for a particular sport is sold typically by a professional in that sport.

PUBLIC AMUSEMENT

A use devoted to entertainment, such as theaters, bowling alleys, skating rinks, pool and billiard halls, miniature golf courses, dance halls, amusement arcades, bingo halls, driving ranges, and similar uses.

PUBLIC OR GOVERNMENTAL BUILDINGS OR FACILITIES

Includes schools, parks, parkways, playgrounds, public boat landings, fire and rescue stations, and educational and philanthropic institutions (including museums, art galleries, libraries, community centers or any other buildings or facilities owned by federal, state or local government).

PUBLIC WATER AND SEWER SYSTEMS

A water or sewer system owned and operated by a municipality or county or owned and operated by an individual or a corporation for public use.

RANGE, SHOOTING

The use of land for archery and the discharging of firearms for the purposes of target practice, skeet and trap shooting, or mock war games. Excluded from this use type shall be general hunting, unstructured and nonrecurring discharging of firearms on private property with the property owner's permission, and historical reenactments.

RECREATIONAL VEHICLE

Any vehicle, with or without collapsible sides, designed, used, or maintained for use as a conveyance upon highways, either self-propelled or designed to be towed by another vehicle, and which is so designed and constructed as to permit occupancy thereof as a temporary dwelling or sleeping place for one or more persons. The term "recreational vehicle" shall include the terms "camper," "camping trailer," "travel trailer," "self-propelled motor home," "motor home," "camper vehicle," and "RV."

[Added 4-13-2023]

REQUIRED OPEN SPACE

Any open space required by this chapter.

RESTAURANT

Any building in which, for compensation, food or beverages are dispensed for consumption on or off the premises as permitted by the Department of Health.

REST HOME

Any place containing beds for two or more patients established to render domiciliary care for chronic or convalescent patients, but not including child-care homes or facilities for the care of mental, epileptic, or alcoholic patients or drug addicts. See "health care facility."

RETAIL STORES AND SHOPS

Buildings for the display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood, pipe, and lumber yards). See "business, small or large retail/wholesale."

ROAD, FRONTAGE

A one-way road that is generally parallel to and separated from a main highway serving as a collector and distributor for local traffic to limit direct access to the main highway.

ROADSIDE STAND, WAYSIDE STAND or WAYSIDE MARKET

Any structure or land used for the sale of agricultural or marine produce abutting a public thoroughfare.

ROW HOUSE

See "townhouse."

SALES OFFICE, TEMPORARY

A building in a recorded subdivision used as an office for the sale of property or homes in such subdivision.

SAWMILL

A permanent facility for the conversion of rough logs into finished wood products, including facilities for drying and storage of rough and finished lumber.

SAWMILL, PORTABLE

A portable sawmill for processing timber grown primarily on the premises.

SCHOOL, PRIVATE

A bona fide educational institution, other than a public school, that provides instruction which is equivalent to public school education to public school-age children, and which may involve the boarding of pupils who, in the ordinary course of events, return annually to the homes of their parents or guardians for not less than two months of summer vacation.

SEAFOOD PROCESSING

The cleaning, shedding, shucking, processing, and/or packing of seafood for wholesale or retail purposes.

SEAFOOD PROCESSING FACILITY

Any structure or facility, temporary or permanent, which is used for the cleaning, shedding, shucking, processing, and/or packing of seafood.

SEASONAL WORKER

Any individual who passes seasonally from one place to another for the purpose of employment, who is not a year-round employee, and who occupies living quarters other than his or her permanent home during the period of such work.

SEASONAL WORKERS' HOUSING FACILITY

One or more structures, buildings, trailers or unconventional enclosures of living space, reasonably contiguous, together with the land appertaining thereto, established, operated or used as living quarters for one or more persons, one or more of whom is a seasonal worker engaged in agricultural or fishing activities, including related food processing. Seasonal agricultural housing facility does not include a summer camp, campground, hotel or any other housing which, in the ordinary course of business, is regularly offered to the general public on a commercial basis and is provided to any seasonal worker on the same or comparable terms and conditions as provided to the general public.

SELF-STORAGE/MINI-STORAGE CENTER

A building or group of buildings divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and residential users.

SERVICE AND REPAIR SHOP

A shop for the sale, service and repair of home appliances, office machines, television and radio equipment, garden and lawn maintenance equipment, outboard motors, and the like. See "business, small retail."

SERVICE STATION

A retail establishment providing petroleum and/or other vehicle energy products and/or repair service for vehicles.

SETBACK

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

SHIP STORE

A single store with 5,000 square feet or less of sales area which primarily offers for sale at retail items incidental to boating and related activities.

SIGN

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 be made on, attached to or as a part of a structure, surface or any other thing, including but not limited to the ground, any rick, tree or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is located.

SIGN, CANOPY OR AWNING

Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.

SIGN, HEIGHT

Measured from final grade to the top of the sign area.

SIGN, MONUMENT

A freestanding sign whose face is mounted upon a base that is at least 75% of the width of the sign area. A monument sign may be externally or internally lighted.

SIGN, POLE

A freestanding sign whose face is mounted upon single or double supports, which are less than 75% of the width of the sign area. A pole sign may be externally or internally lighted.

SIGN, PROJECTING

A sign that is attached to a wall or structure and extends horizontally from that wall or structure.

SIGN STRUCTURE

Includes the supports, uprights, bracing and/or framework of any structure, be it single-faced, double-faced, V-type or otherwise exhibiting a sign.

SIGN, TEMPORARY

A sign, banner, balloon, pennant, poster, or advertising display constructed of cloth, plastic, sheet, cardboard, wallboard, or other like materials, intended to be displayed for a limited period of time and not permanently attached to the ground.

SIGN, WALL

A single-faced sign which is affixed to the exterior wall of a building and which is parallel to the building wall and which does not project more than 12 inches from the wall surface to which it is attached.

SKIRT

A covering of rigid material extending from the bottom of a mobile home to the ground and covering the entire circumference of the mobile home.

SLUDGE and SLUDGE STORAGE

See Northumberland County Code Chapter 39, Biosolids.

SMALL RETAIL BUSINESS

See "business, small retail/wholesale."

SOLAR ARRAY

One or more solar panels mounted on a commercial or residential structure or as a standalone installation.

SOLAR ENERGY FACILITY, MEDIUM-SCALE

A private solar energy conversion system, whose primary purpose is to produce power for commercial and industrial applications, consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware which has the rated capacity to produce more than 25 kilowatts (kW) of electrical power and which has a total site area of five (5) acres or less. This definition does not pertain to small agricultural generators as defined by § 56-594.2, Code of Virginia.

[Added 6-14-2018]

SOLAR ENERGY FACILITY, SMALL SYSTEM

A private solar energy conversion system, whose primary purpose is to produce power for residential applications, consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware. This definition does not pertain to small agricultural generators as defined by § 56-594.2, Code of Virginia.

[Added 6-14-2018; amended 9-14-2023]

SOLAR ENERGY FACILITY, UTILITY-SCALE

An energy conversion system, whose primary purpose is to produce power for consumption by a utility provider, consisting of photovoltaic panels, support structures, and associated control, conversion, and transmission hardware which has a total site area of more than five acres. This definition does not pertain to small agricultural generators as defined by § 56-594.2, Code of Virginia.

[Added 6-14-2018]

STORAGE YARD, CONTRACTOR EQUIPMENT

Any site, lot, parcel, tract or place where material, goods, equipment and/or parts used or associated with contractor maintenance, repair and/or a construction operation are kept or stored while awaiting their disposal or usage.

STORY

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

STORY, HALF

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.

STREET LINE

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

STREET, RIGHT-OF-WAY or ROAD

A public or private thoroughfare used for the purpose of ingress or egress to and from property.

STRUCTURE

Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.

SWIMMING OR SPORTS CLUB FACILITY, COMMERCIAL

A facility open to the public for a daily, monthly, annual, and/or membership fee.

TENT CAMPING

A privately owned lot or parcel upon which a tent, temporary structure or vehicle used for occupancy is located.[3]

TOWNHOUSE

A dwelling located in a multidwelling building with both private front and rear entrances and private front and rear property and sharing common interior side walls. There usually is no common area property, and the units often have uniform heights and front widths.[4]

TRAVEL TRAILER PARK or TRAVEL TRAILER CAMP

Premises where travel trailers are parked temporarily in conjunction with travel, recreation or vacation.

TRUCK CAMPER

A portable structure designed to be loaded onto or fixed to the bed or chassis of a truck.

VACATION HOME RENTAL

The rental of a dwelling unit and its associated property, for compensation, on a daily or weekly basis for a period of 30 days or less.

[Added 7-10-2014]

VARIANCE

A relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would unreasonably restrict the utilization of the property. As used in this chapter, a variance is authorized only for the height, area and size of a structure or the 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.

[Amended 7-9-2015]

VILLAGES

The areas of the County so designated in the Northumberland County Comprehensive Plan.

VIRGINIA CODE

The Code of Virginia, 1950, as amended, including the latest edition or supplement, unless otherwise indicated. References in this chapter to the "Code of Virginia" and the "Code" are to the Virginia Code.

WATER AND SEWER SYSTEMS, PRIVATE

A water or sewer system (including plants) owned by an individual, corporation, or association for private use.

WATER AND SEWER SYSTEMS, PUBLIC

A water or sewer system (including plants) owned and operated by a municipality or county or owned and operated by an individual or a corporation for public use.

WIND TURBINE

A wind-powered machine used to generate electricity.

WINERY

Any establishment where vinous liquors are manufactured. A winery may include a tasting room and/or retail sales.

WOOD CHIPPING/GRINDING FACILITY

A facility for the chipping, grinding, or mulching of wood products.

WORSHIP, PLACE OF

A place of worship or religious assembly with related facilities, such as, but not limited to, the following in any combination: rectory or convent, social/meeting hall, offices for administration of the institution, licensed child or adult day care, playground, or cemetery.

YARD

An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward by structures, except as otherwise provided herein.

(1)

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

(2)

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

(3)

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

ZONING ADMINISTRATOR

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

ZONING DISTRICTS

The various classifications of agricultural, residential, commercial, industrial and other zoning categories provided for in this chapter and the areas on the Zoning Map in which such different districts are mapped. As used in this chapter, the term "zoning district" can refer either to the zoning category or the areas mapped in such uses on the Zoning Map.

[1]

Editor's Note: Code of Virginia § 15.2-2800 was repealed by Acts 2009, cc. 153 and 154, cl. 2, effective December 1, 2009. For current provisions, see Code of Virginia § 15.2-2820.

[2]

Editor's Note: Virginia Administrative Code 9VAC10-20 was renumbered to 4VAC50-90

[3]

Editor’s Note: The former definition of "tourist home," which immediately followed this definition, was repealed 7-10-2014. See now "bed-and-breakfast/tourist home."

[4]

Editor's Note: The former definition of "travel trailer," which immediately followed this definition, was repealed 4-13-2023. See now "recreational vehicle."

Word usage. Words used in the present tense include the future. Words in the singular include the plural, and the plural includes the singular.

	C-1	Conservation
	A-1	Agricultural
	R-1	Residential General
	R-2	Residential Waterfront
	R-3	Residential Restricted
	R-4	Residential Recreational
	B-1	Business General
	M-1	Industrial (Light)
	H-1	Historical Site District