City of Lexington, VA Definitions

Weighs at least 75 pounds; and

ACCESSORY USE OR STRUCTURE

(a) Is left unattended on public property for more than 48 hours in violation of a state law or local ordinance; (b) has remained for more than 48 hours on private property without the consent of the property's owner, regardless of whether it was brought onto the private property with the consent of the owner or person in control of the private property; or (c) is left unattended on the shoulder of a primary highway.

ACCESS

A means of approach, including ingress and egress.

[2]

ACCESSORY APARTMENT

A residential use having the external appearance of a single-family residence in which there is located a second dwelling unit that comprises no more than 25% of the gross floor area of the building nor more than a total of 750 square feet.

A use or structure which is clearly subordinate and customarily incidental to the main use or structure that it is accessory to and located upon the same lot occupied by the main use or structure. Structures attached to the main building shall be considered part of the main building.

ACREAGE

A parcel of land, regardless of area, described by metes and bounds and not a lot shown on any recorded subdivision plat.

ACT OF NATURE

A natural event, not preventable by any human agency, such as flood, storms, or lightning. Forces of nature that no one has control over and therefore cannot be held accountable.

ADDITION

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.

ADMINISTRATIVE OFFICIAL; ZONING ADMINISTRATOR

The official charged with the enforcement of this chapter, who shall be the City Manager or his designated agent.

AFFORDABLE HOUSING

Housing that is affordable to families with incomes at or below 80% of the area median income, provided that the occupant pays no more than 30% of his or her gross income for gross housing costs, including utilities.

AGENT

One who represents another, called the principal, in dealings with third persons. The agent undertakes some business by authority of the principal. The principal is the property owner.

AGGRIEVED PERSON

A person or group of people with an immediate, pecuniary and substantial interest in an action taken by the Administrator or Board of Zoning Appeals under this chapter, as opposed to a remote or indirect interest. A person is also aggrieved if the person suffers a denial of some personal or property right or imposition of a burden or obligation different from that suffered by the public in general.

AGRICULTURAL OPERATION

Any operation devoted to the bona fide production of crops, or animals, or fowl, including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silvicultural activity.

AGRICULTURE

The tilling of soil, raising of crops, horticulture, aquaculture, hydroponics, forestry, gardening, livestock and fowl keeping and breeding, and the production of natural products with resources primarily derived from the land upon which it is produced.

ALL-WEATHER DRIVING SURFACE

Any material capable of supporting the weight of a large motor vehicle during any weather condition. Examples could include products such as Grasscrete and Geoblock; or materials such as gravel, textured pavement, concrete or others as approved by the Zoning Administrator.

ALLEY

A minor right-of-way that is dedicated to public use and which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street, and which may be used for public utility purposes.

ALTERATION

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.

AMATEUR RADIO TOWER

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 FCC.

ANTENNA

Any exterior apparatus designed for commercial telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves.

APPLICANT

A property owner or their authorized representative who has petitioned the City for approval of a zoning change, zoning permit, building permit, variance, conditional use permit, site development plan, sign permit, certificate of appropriateness, or any other authorization for the use or development of their property under the requirements of this chapter.

APPLICATION

An applicant petition for approval of a zoning change, zoning permit, building permit, variance, conditional use permit, site development plan, sign permit, certificate of appropriateness, or any other authorization for the use or development of their property under the requirements of this chapter.

ARCHITECTURAL LIGHTING

Exterior lighting that is designed to highlight structures, plantings, or significant architectural features in a direct or indirect fashion.

[Added 7-1-2021 by Ord. No. 2021-05]

ASSEMBLY, PLACE OF

The use of land for a meeting place where persons gather together for purposes of attending civic, social, or religious functions, recreational events or entertainment performances on a regular or recurring basis, including, but not limited to, religious institutions, banquet facilities, funeral homes, theaters, conference centers, stadiums, and similar places, but excludes a dance hall as defined by this chapter. A gathering of fewer than 25 persons shall not be considered a place of assembly, provided the gathering is accessory and incidental to the principal use.

AUTOMOBILE DEALERSHIP

The use of any building, land area or other premises for the display of new and used automobiles, trucks, vans, or motorcycles for sale, lease, or rent, including any warranty repair work and other major and minor repair service conducted as an accessory use.

AUTOMOBILE RENTAL/LEASING

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.

AUTOMOBILE SERVICE STATION

A use which provides for the minor repair and/or maintenance of automobiles, but does not include towing service or body work. The retail sale and dispensing of motor fuels may be allowed as permitted within this chapter.

AVIATION FACILITY

Also referred to as an airport. Landing fields, aircraft parking and service facilities, and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security.

AWNING

A shelter constructed of rigid or nonrigid materials on a supporting framework, either freestanding or projecting from and supported by an exterior wall of a building.

BANNER

A sign applied to cloth, paper, flexible plastic, or fabric of any kind and generally intended to be displayed on a temporary basis.

BASE FLOOD; ONE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).

BASEMENT

A portion of a building having part, but not more than 1/2, of its height below grade. A basement shall be counted as a story, for the purpose of height regulations, if it is subdivided and used for business purposes or for dwelling purposes.

BED-AND-BREAKFAST

A dwelling unit occupied by the owner that provides up to eight bedroom accommodations. Buildings being used as a bed-and-breakfast at the time of adoption of this chapter having more than five bedrooms and/or occupied by a resident manager rather than the owner may continue to operate with the same or a lesser number of bedrooms and/or may continue to be occupied by a resident manager rather than the owner of the building.

[Amended 7-1-2021 by Ord. No. 2021-05]

BERM

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.

BEST MANAGEMENT PRACTICE (BMP)

Schedules of activities, or practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities.

BIKEWAY

A bicycle pathway: either a bike lane, a bike trail, or bike route.

BOARD OF ZONING APPEALS

The Board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this chapter and to authorize, upon appeal, variances from the terms of this chapter when justified by special conditions.

BREWERY or DISTILLERY

The use of land, licensed by the Commonwealth of Virginia, where beer or spirts are manufactured for sale. Breweries have a capacity greater than 1,000 barrels a year and distilleries have a capacity greater than 5,000 gallons a year. Consumption on the premises is permitted as an accessory use.[3]

BUFFER YARD

A yard with screening and 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.

BUILDING

Any structure having a roof supported by columns or walls, for the shelter, housing or enclosure of any individual, animal, activity, process, equipment, goods, or materials of any kind.

BUILDING ACCESSORY

A subordinate structure customarily incidental to and located upon the same lot occupied by the main structure. No such accessory structure shall be used for housekeeping purposes.

BUILDING FACE

Any one of the four principal exposures, front, sides or back, of a building. For purposes of sign regulations, the face of a building is that portion exposed to a street, alley or lot and is measured at ground level on a linear basis from exposed corner to exposed corner.

BUILDING HEIGHT

See "height, building."

BUILDING LINE or SETBACK LINE

A line that establishes the area within which the principal building or structure must be erected or placed and which may be located by means of a plat of subdivision or site plan at a distance greater than, but in no case less than, the minimum setbacks or yard spaces required by the zoning ordinance.

BUILDING, MAIN

A building in which the principal use of the lot on which it is situated is conducted. In a residential district, any dwelling shall be deemed to be a main building on the lot on which it is situated.

BUILDING OFFICIAL

The administrative official responsible for issuing building permits and enforcing the Building Code of the City of Lexington, Virginia.

BUILDING, PORTABLE

A structure that is built off site and moved to a lot for use as storage, office, or commercial purposes, and/or that does not have a concrete slab or perimeter footing. All portable buildings shall be anchored.

[Added 3-21-2019 by Ord. No. 2019-04]

BUSINESS OR TRADE SCHOOL

A use 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, or as a home occupation.

BUSINESS SUPPORT SERVICE

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.

CABERET, ADULT

A building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibition of specified sexual activities or specified anatomical areas for observation by patrons therein.

CALIPER

The diameter of a tree (usually nursery stock) measured at a point six inches above the ground or top of root ball for up to and including four-inch caliper trees, and at a point 12 inches above the ground or top of root ball for larger sizes.

CANOPY

An overhead roof able to provide shade or shelter from weather conditions that can be supported by stanchions or supported by the building.

[Added 4-15-2021 by Ord. No. 2021-04]

CAR WASH

Washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes.

CATERING, COMMERCIAL (OFF-PREMISES)

The use of land where food and/or beverages are prepared on the premises and delivered to another location for consumption.

CELLAR

See "basement."

CEMETERY

Any land or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.

CEMETERY, PRIVATE

A place where human remains are interred above or below ground and where plots are not sold.

CENTRAL SEWAGE SYSTEM

Any system of collection and treatment of sewage, as defined by rules and regulations of the state board of health governing the disposal of sewage, serving two or more connections, whether the system is privately or publicly owned and operated.

CENTRAL WATER

Any water supply and distribution system, whether privately or publicly owned and operated, serving two or more individual connections.

CERTIFICATE OF OCCUPANCY

An official certificate issued by the City through the Building Official which indicates conformance with the zoning regulations and building codes and which authorizes legal use of the premises for which it is issued.

CHANNEL

A perceptible natural or artificial waterway which periodically or continuously contains moving water confined to a definite bed and banks.

CITY COUNCIL

The governing body of the City of Lexington, Virginia.

CIVIC USE

Public parks and playgrounds, public schools, municipal buildings, including police, fire and rescue facilities and all other publicly owned structures.

CLINIC

A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an out-patient basis, including emergency treatment, diagnostic services, training, administration and services to outpatients, employees, or visitors. The term "clinic" includes immediate-care facilities where emergency treatment is the dominant form of care provided at the facility.

CLUB

A use providing educational, meeting, or social facilities for civic or social clubs, fraternal/sororal organization, 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. A club does not include a building in which members reside.

CLUSTER DEVELOPMENT

A development design technique that concentrates buildings on a part of a site to allow the remaining land to be used for recreation, common open space, and the preservation of environmentally sensitive features.

CLUSTER SUBDIVISION

A development that may allow for a reduction in lot area and bulk requirements, and may provide for an increase in the number of lots permitted under a conventional subdivision (an increase in overall density of development), in proportion to the remaining land area that is devoted to open space.

CODE OF VIRGINIA

The Code of Virginia of 1950, as it may be amended from time to time. ("This Code," however, refers to the Code of the City of Lexington, Virginia.)

COMMERCIAL INDOOR AMUSEMENT

Establishments which provide 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.

COMMERCIAL INDOOR ENTERTAINMENT

Predominantly spectator uses conducted within an enclosed building. Typical uses include, but are not limited to, motion-picture theaters and concert or music halls.

COMMERCIAL INDOOR SPORTS AND RECREATION

Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice- and roller-skating rinks, indoor racquetball, swimming, and/or tennis facilities.

COMMERCIAL OUTDOOR ENTERTAINMENT

Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include, but are not limited to, sports arenas, motor vehicle or animal racing facilities, and outdoor amusement parks.

COMMERCIAL OUTDOOR SPORTS AND RECREATION

Predominantly participant uses conducted in open or partially enclosed or screened facilities. Typical uses include, but are not limited to, driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, paintball facilities, and motorized model airplane flying facilities.

COMMERCIAL VEHICLE REPAIR SERVICE

Repair of construction equipment, commercial trucks, agricultural implements and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. 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.

COMMISSION

The City Planning Commission.

COMMON AREA

A tract or parcel of land not devoted to residential uses or structures; but directly related to and adjunct to a planned development, cluster development or subdivision and which is owned and/or controlled by the residents of owners of such development.

COMMON ELEMENTS

All portions of a cooperative other than the units.

COMMUNICATION TOWER

A tower or antenna which supports communication (broadcasting and/or receiving) equipment utilized by commercial, government or other corporate, public and quasi-public users. Towers include radio, television, cellular telephone, personal communication services (PCS), microwave and other similar communications facilities, satellite earth station and building-supported. Communication towers may be self-supporting or guy-supported.

[Added 12-1-2022 by Ord. No. 2022-14]

COMMUNICATIONS SERVICE

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 broadcasting or communication towers. Typical uses include television studios, telecommunication service centers, telegraph service offices or film and sound recording facilities.

CONDOMINIUM

See "dwelling, multifamily."

CONSERVATION EASEMENT

The granting of a property's development rights to an agency that stipulates that the described land will remain in its natural state and precludes future or additional development.

CONSTRUCTION SALES AND SERVICE

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 building material stores and home supply establishments.

CONSTRUCTION SIGN

A temporary sign identifying an architect, developer, builder, general contractor, subcontractor, material supplier, and or financing entity participating in construction on the property on which the sign is located.

CONSTRUCTION YARD

Establishment or place of business primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building contractor's yards.

CONSTRUCTION, NEW

For the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of an initial FIRM (Flood Insurance Rate Map) or after December 31, 1974, whichever is later, and includes any subsequent improvements of such structures. For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

CONSTRUCTION, START OF

The date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

CONSUMER REPAIR SERVICE

Establishment or place of business 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.

CONVENIENCE STORE

See "store, neighborhood convenience."

COTTAGE

A single, permanent detached dwelling unit, which may or may not contain cooking and bathroom facilities, dedicated to temporary occupancy for purposes of recreation, education or vacation. Rental properties meeting the above description shall be considered cottages.

COUNTRY CLUB

A land area and buildings which may include a golf course, clubhouse, dining room, swimming pool, tennis courts and similar recreational or service uses available only to members and their guests.

CULTURAL SERVICES

An establishment for the preservation of art, scientific, cultural or historical materials, music, or live theatrical or musical productions.

CURB CUT

Any interruption or break in the line of the street curb for the purpose of connecting a driveway to a street, or otherwise to provide vehicular access to abutting property.

CUSTOM MANUFACTURING

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, or a single kiln, with retail sales incidental to manufacturing.

DANCE HALL

A place of assembly where dances, parties, receptions, and other gatherings are held for profit, except when sponsored by civic, charitable, or nonprofit groups.

DARK SKY LIGHTING

A term that refers to shielded light fixtures that cast light downward and generally conform to the specifications endorsed by the International Dark-Sky Association (IDA).

DAY-CARE CENTER

Any 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 including adults, 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.

DECK

A structure, without a roof, directly adjacent to a principal building, which has an average elevation of 30 inches or greater from finished grade. A deck may be constructed of any materials.

DEDICATION

The transfer of private property to public ownership upon written acceptance.

DEVELOPER

See "applicant."

DEVELOPMENT

Any human-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

DISTRICT

A district as referred to in § 15.2-2282 of the Code of Virginia.

DORMITORY

A building, or portion thereof, specifically designed for a long-term stay by students of a college, university, or nonprofit organization, including religious institutions for the purpose of providing rooms for sleeping purposes. One common kitchen and some common gathering rooms for social purposes may also be provided.

DRIVEWAY

A private road giving access from a public way to parking spaces on abutting lots.

DWELLING

Any building or portion thereof which is designed for use for residential purposes except hotels, boardinghouses, lodging houses and motels.

DWELLING UNIT

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.

DWELLING, MULTIFAMILY

A building arranged or designed to be occupied by 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.

DWELLING, SINGLE-FAMILY ATTACHED

Two or more single-family dwellings sharing two or more common walls, each on its own individual lot. Attached dwellings are not vertically stacked.

DWELLING, SINGLE-FAMILY DETACHED

A site built or modular building designed for or used exclusively as one dwelling unit for permanent occupancy, 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.

DWELLING, TOWNHOUSE

A grouping of three or more attached single-family dwellings in a row 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.

DWELLING, TWO-FAMILY

Also referred to as a "duplex"; the use of an individual lot for two dwelling units which share at least one common wall, each occupied by one family, that separates living space (i.e., living room, kitchen, bedroom, bathroom, etc.). Each dwelling unit may be vertically stacked. The exterior appearance of the whole resembles a single structure.

EASEMENT

A grant by a property owner of the use of land for a specified purpose.

EDUCATIONAL FACILITY, COLLEGE/UNIVERSITY

An educational institution authorized by the Commonwealth of Virginia to award associate, baccalaureate or higher degrees, and facilities associated with it. This term includes academic buildings, administrative facilities, dormitories, special housing, parking areas, dining halls and other physical plants associated with the college or university use.

EDUCATIONAL FACILITY, PRIMARY/SECONDARY

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.

EMERGENCY SHELTER

A facility promoting temporary housing for one or more individuals who are otherwise temporarily or permanently homeless.

ENTERTAINMENT ESTABLISHMENT, ADULT

Any adult cabaret, adult motion-picture theater, or adult video-viewing or arcade booth, or adult bookstore; also referred to as a "sexually oriented business."

EQUIPMENT SALES AND RENTAL

Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment, and the rental of mobile homes. Included in this use type is the incidental storage, maintenance, and servicing of such equipment.

ESTABLISHMENT

Any entity or individual conducting a business, profession, or trade; and any entity or individual conducting a civic, community service, or nonprofit activity.

FAA

The Federal Aviation Administration.

FACADE

An entire outside wall of a structure, including wall faces, parapets, fascia, windows, and doors, of one complete elevation.

FAIR MARKET VALUE

The price at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.

FAMILY

One or more persons related by blood, adoption or marriage, living or cooking together as a single housekeeping unit. The persons constituting a family may include foster children.

FAMILY HEALTH CARE STRUCTURE, TEMPORARY

Pursuant to all conditions set forth in the Code of Virginia § 15.2-2292.1, a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who shall be the mentally or physically impaired person, or in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person and the other requires assistance with one or more activities of daily living as defined in § 63.2-2200, as certified in writing by a physician licensed in the Commonwealth; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.).

FAMILY HOME DAY CARE

A single-family dwelling in which more than four but less than 13 individuals are received for 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 shall not be counted towards this total. The care of four or fewer individuals for portions of a day shall be considered as a home occupation.

FARMERS' MARKET

Retail sale of fresh fruits and 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; indoor or outdoor; but this term does not include roadside stands.

FENCE

A freestanding structure of metal, masonry, composition, vinyl or wood or any combination, resting on or partially buried in the ground and rising above ground level, with posts at regular intervals, and used for confinement, screening, or partition purposes.

FINANCIAL INSTITUTION

An establishment whose principal purpose is the provision of financial services, including, but not limited to, an insured depository institution, a credit union, a federal home loan bank, a small business investment company, a depository institution holding company, a mortgage lending business, or other institutions as defined by federal code.

FLAG LOT

See "lot, pipestem."

FLOOD

A general and temporary condition of partial or complete inundation of normally dry land areas from:

(a)

The overflow of inland waters.

(b)

The unusual and rapid accumulation or runoff of surface waters from any source.

(c)

Mudslides (i.e., mud flows) which are proximately caused by flooding as defined in Subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) of this definition.

FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source.

FLOODPLAIN

A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation.

FRATERNITY HOUSE AND SORORITY HOUSE, UNIVERSITY-ADMINISTRATED

An area subject to the unusual and rapid accumulation or runoff of surface water from any source.

FLOODWAY

The designated area of the floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of one-hundred-year magnitude.

FLOOR AREA RATIO (FAR)

The ratio of gross floor area of all structures on a lot to total lot area.

FLOOR AREA, GROSS

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 basements and attics. The surface area of tennis courts, swimming pools, driveways, surface parking spaces, decks, patios, and porches is not included in the total gross floor area.

A fraternity or sorority house owned and directly administered by the college or university with which it is affiliated.

FRONTAGE ROAD

A service road, usually parallel to a highway, designed to reduce the number of driveways that intersect the highway.

FULL CUTOFF LUMINAIRE

An outdoor light fixture shielded in such a manner that all light emitted by the fixture is projected below the horizontal plane; also a type of dark-sky lighting.

FUNERAL HOME

Establishments engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes or mortuaries.

GARAGE, COMMERCIAL

See "automobile service station" or "commercial vehicle repair service."

GARAGE, PRIVATE

An accessory building designed or used for the storage of automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of 1 1/2 times as many automobiles as there are dwelling units.

GARDEN CENTER

Establishments or places of business primarily engaged in retail sales from the premises, including 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 material which they grow themselves.

GASOLINE STATION

Any place of business with fuel pumps and underground storage tanks which provides fuels and oil for motor vehicles. A store associated with automobile fuel sales shall be considered a gasoline station.

GLARE

The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

GOLF COURSE

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.

GOVERNING BODY

The Mayor and Council of the City.

GRADE

The lowest of:

Lowest elevation of the street at the curb;

Established or mean street elevation if curb not established;

HEAVY EQUIPMENT SALES AND RENTAL

Lowest elevation of finished ground surface on any side of the building or property.

GRANDFATHERED

A term referencing a use or structure that is not in conformance with the current chapter but that was legal at the time it was established or constructed. Also referred to as a legally nonconforming use/structure.

GREENHOUSE

A building with transparent walls and roof; for the cultivation and exhibition of plants under controlled conditions.

GREENHOUSE, COMMERCIAL

A greenhouse operation in which plants are offered for sale to the public, either at wholesale or at retail.

GREENWAY

A corridor of open space managed for conservation, recreation and nonmotorized transportation. Greenways often follow natural geographic features such as ridge lines, stream valleys, and rivers, but may also be built along canals, utility corridors, abandoned rail lines and the like. Greenways may include a trail or bike path or may be designed strictly for environmental or scenic protection.

GROSS PUBLIC FLOOR AREA

The total area of the building accessible or visible to the public, including showrooms, motion-picture theaters, motion-picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), plus aisles, hallways, and entryways serving such areas.

GROUP HOME

A licensed residential facility in which no more than eight mentally ill, mentally retarded, or developmentally disabled persons reside, with one or more resident counselors or other staff persons, shall be considered a residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia § 54.1-3401. Such facility shall be licensed by the Commonwealth of Virginia Department of Behavioral Health and Development Services in order to qualify as a single-family use.

GUESTROOM

A room which is intended, arranged or designed to be occupied for more than 45 nights by one or more guests paying direct or indirect compensation therefor, but in which no provision is made for cooking.

GUIDANCE SERVICES

A use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a twenty-four-hour day.

HALFWAY HOUSE

An establishment providing accommodations, supervision, rehabilitation, counseling, and other guidance services to persons suffering from alcohol or drug addiction, to persons re-entering society after being released from a correctional facility or other institution, or to persons suffering from similar disorders.

HAZARDOUS SUBSTANCE

A substance listed under United States Public Law 96-510, entitled the Comprehensive Environmental Response Compensation and Liability Act.

The use of land for the sale, lease, or rental of new or used lor trucks, trailers, construction equipment, agricultural implements or similar industrial equipment. Included in this use are the incidental storage, minor maintenance, and routine servicing of such equipment, but does not include a junkyard as defined by this chapter.

HEIGHT

When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

HEIGHT, BUILDING

The vertical distance measured from the adjoining grade at the front entrance of the building or structure to the highest point of the structure. For corner lots, the building height shall be the average of the front height defined above and the building side height adjacent to the street. The building side height shall be defined as the vertical distance measured from the lowest adjoining grade on the side adjacent to the street to the highest point of the structure.

HEIGHT, STRUCTURE

The distance between the highest point of any structure and the lowest grade adjacent to the structure.

HEIGHT, TREE

The measurement taken from the top of the root ball to the top of the trunk.

HISTORIC DISTRICT

A site, structure, landmark, one or more of them, or a group of them, which have unique architectural, historic, cultural, or archaeological importance to the county, the Commonwealth, or the nation, and which are designated on the Official Zoning Map as constituting an historic district.

HISTORIC SITE

A building, place or area in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.

HISTORIC STRUCTURE

Any structure that is:

Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

INTERIOR PARKING LOT ISLAND

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a)

By an approved state program as determined by the Secretary of the Interior; or

(b)

Directly by the Secretary of the Interior in states without approved programs.

HISTORICAL AREA

An area containing buildings or places in which historic events occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the area, of such significance as to warrant conservation and preservation. An historic area is not currently in, or does not currently constitute, an historic district.

HOME FOR ADULTS

A dwelling unit providing a residence for the elderly with more than five persons for purposes of providing special training, education, habilitation, rehabilitation, custodial care or supervision; provided that a licensed residential facility for eight or fewer mentally ill, mentally retarded, or developmentally disabled persons, with one or more resident counselors or other support staff, shall be considered a single-family residence.

HOME GARDENS

Gardens in residential districts for the production of vegetables, fruits and flowers generally for use or consumption by the occupants of the premises.

HOME OCCUPATION, CLASS A

An occupation conducted primarily on site involving persons residing on the premises. Such occupations may require the use of accessory structures. No more than five clients or customers shall be allowed on the premises at any one time on a regular basis.

HOME OCCUPATION, CLASS B

An occupation conducted primarily on site involving persons residing on the premises and not more than two full- or part-time outside employees. Such occupations may require the use of accessory structures or outside areas. No more than 10 clients or customers shall be allowed on the premises at any one time on a regular basis.

HOSPITAL

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.

HOTEL

Also referred to as a "motel" or "motor lodge"; a building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day, week, or month. Such uses generally provide additional services such as daily maid service, restaurants, meeting rooms, and/or recreation facilities.

HOUSEHOLD UNIT

A family and/or a specified number of persons not related by blood, adoption or marriage living and cooking together as a single housekeeping unit.

INCENTIVE ZONING

The use of bonuses in the form of increased project density or other benefits to a developer in return for the developer providing certain features, design elements, uses, services, or amenities desired by the locality, including, but not limited to: site design incorporating principles of new urbanism and traditional neighborhood development, environmentally sustainable and energy-efficient building design, affordable housing creation and preservation, and historical preservation, as part of the development.

INDUSTRY, LIGHT

Enterprises 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. Uses may include, but are not limited to, a machine shop, the manufacturing of apparel, electrical appliances, electronic equipment, camera and photographic equipment, ceramic products, cosmetics and toiletries, business machines, 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, any other product of a similar nature.

INOPERABLE MOTOR VEHICLE

Any one or more of the following: (a) any motor vehicle which is not in operating condition for a period of 60 days or longer; (b) any motor vehicle which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle; or (c) any motor vehicle which, for a period of 60 days or longer, there are displayed neither valid license plates nor a valid inspection decal. However, the provisions of this section shall not apply to a licensed business which on June 26, 1970, is regularly engaged in business as an automobile dealer, salvage dealer or scrap processor.

[Added 7-1-2021 by Ord. No. 2021-05]

An island or planter that is surrounded on at least three sides by a parking lot or access road.

INVASIVE SPECIES

A plant, fungus, or animal species that is not native to a specific location (an introduced species), and which has a tendency to spread to a degree believed to cause damage to the environment, human economy or human health.

JUNKYARD

An establishment or place of business which is maintained, operated or used for storing, keeping, housing or buying junk or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

KENNEL

Any lot, building, structure, enclosure or premises where grooming, breeding, boarding, training or selling of animals is conducted as a business.

KIOSK

A small, freestanding, one-story accessory structure having a maximum floor area of 100 square feet and used for retail purposes, such as automatic teller machines, or the posting of temporary information and/or posters, notices and announcements. If a kiosk is to be occupied, it shall have a minimum floor area of 50 square feet.

LABORATORY

An establishment whose principal purpose is the research, compounding and/or packaging of scientific products, which may include light manufacturing.

LANDSCAPING

The improvement of the appearance of an area by the planting of trees, grass, shrubs, or other plant materials, or by the alteration of the contours of the ground.

LAUNDRY, COMMERCIAL

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.

LIFE CARE FACILITY

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 assisted living facility would not be included in this definition.

LIGHT POLLUTION

Any adverse effect of man-made light, including sky glow, glare, light trespass, light clutter, and decreased visibility at night.

LIGHT TRESPASS

Light sources casting excessive light upon adjacent property or upon a public right-of-way, also called "light spillover."

LIQUOR

Any alcoholic beverage other than beer, wine, or cider, as those terms are defined in Virginia Code § 4.1-100 and 4.1-213.

LIQUOR STORE

Any privately owned store:

Licensed by the Commonwealth of Virginia to sell liquor for off-premises consumption, but excluding breweries or distilleries as defined by this chapter; and

MANUFACTURE; MANUFACTURING

In which liquor makes up more than 10% of its stock-in-trade or occupies more than 10% of its net floor area.

LIVE-WORK DWELLING

A dwelling unit used for both dwelling purposes and any nonresidential use permitted in the zoning district in which the unit is located.

LOADING SPACE

An off-street space used for the delivery and loading/unloading of vehicles.

LOCATION

A lot, parcel, building site or tenant space.

LOT

A parcel of land intended to be separately owned, developed, or otherwise used as a unit, established by plat, subdivisions or as otherwise permitted by law.

LOT AREA

The total area, measure on a horizontal plane, included within lot lines. In residential zoning districts, lot area shall be defined as the area of the lot that excludes major utility easements (e.g., gas pipeline, electric, etc.) and an area that lies within the one-hundred-year floodplain (as it is established at the time of the final plat approval).

LOT DEPTH

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

LOT LINE

Any line or curve in the boundary of a lot.

LOT OF RECORD

A lot which has been recorded in the Clerk's office of the Circuit Court.

LOT WIDTH

The width of any lot at the setback line, calculated by measuring back a uniform distance from the street line as required by the setback regulation. If the street line curves or angles, the setback line shall also curve or angle uniformly with the street line and the lot width shall be calculated along the curve or angle setback line.

LOT, CORNER

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

LOT, DOUBLE-FRONTAGE

An interior lot having frontage on two streets.

LOT, INTERIOR

Any lot other than a corner lot.

LOT, IRREGULAR

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.

LOT, PIPESTEM

A "panhandle" or "flag" shaped lot with its widest point set back from the road at the rear of another lot (called the "pipe"), and having a thin strip of land connecting to the road to provide legal access and frontage (called the "stem"). Pipestem lots are also referred to as "panhandle lots" or "flag lots."

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

MANUFACTURED HOME

A structure subject to federal regulations which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode or is 320 or more square feet when erected on site; is built on a permanent chassis; and is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required facilities, and includes the plumbing, heating, air-conditioning and electrical systems contained in the structure. Some manufactured homes are also referred to as "mobile homes."

MANUFACTURED HOME LOT

A lot within a manufactured home park for the use of a single manufactured home conforming to the special lot requirements of these regulations and having direct access to a street with the manufactured home park.

MANUFACTURED HOME PARK

Also referred to as "mobile home park" or "trailer park"; any area designed to accommodate two or more manufactured homes intended for residential use.

MEDIA, ADULT

Magazines, books, videotapes, movies, slides, CD-ROMs or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

MEDICAL CARE FACILITY

Any medical facility other than a hospital or nursing home as defined by this chapter, which:

Contains office space for diagnostic or outpatient care along with associated medical facilities such as pharmacy, laboratory, physical therapy facility, or other similar facility, but does not provide inpatient hospitalization;

Holds a certificate of public need authorization from the Virginia Department of Health;

MULTI-ESTABLISHMENT BUILDING

Is licensed by or registered with the Virginia Department of Health;

(4)

Is operated for the performance of surgical or other procedures where the patient is not capable of self-preservation during the procedure or recovery; or

(5)

Is held out to the public as providing a level of service beyond that of a physician's or dentist's office.

MICROBREWERY

An establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer, with a capacity of not more than 1,000 barrels per year. Microbrewery may include a restaurant or public tasting room as an accessory use.

MICRODISTILLERY

An establishment primarily engaged in distilling and blending potable liquors, including mixing them with other ingredients, with a capacity of not more than 5,000 gallons of finished product per year. A microdistillery may include a restaurant or public tasting room as an accessory use.

MINIWAREHOUSE

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. The conduct of sales, business or any other activity within the individual storage units, other than storage, shall be prohibited.

MIXED-USE STRUCTURE

A building containing residential uses in addition to nonresidential uses permitted in the zoning district. Mixed use structures should not be confused with a mix of uses each in separate structures in a single development.

MODULAR HOME

A dwelling unit primarily manufactured off site in accordance with the Virginia Uniform Statewide Building Code standards and transported to the building site for final assembly on a permanent foundation.

A structure containing more than one establishment.

NATIONAL REGISTER OF HISTORIC PLACES

The official list, maintained by the National Park Service of the United States Department of the Interior, of historic resources considered by that agency to be worthy of preservation.

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 either at the effective date of this chapter or as a result of subsequent amendments to this chapter.

NONCONFORMING SIGN

Any sign, the area, dimensions or location of which were lawful at the time the sign was erected, but which fail to conform to the current standards and regulations due to the adoption, revision or amendment of this chapter.

NONCONFORMING STRUCTURE

An otherwise legal building or structure that does not conform to 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 either at the effective date of this chapter or as a result of subsequent amendments to this chapter.

NONCONFORMING USE

A use or activity which was legal when originally established, but that fails to conform to the current standards and regulations due to the adoption, revision or amendment of the subdivision ordinance.[4]

NURSING HOME

A use 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.

OCCUPANCY

The period during which one owns, rents, uses, or occupies a certain premises or land.

OCCUPANT

A person who, on a regular basis, spends nights at a residence. A person is considered an occupant regardless of whether they spend the majority of their nights at a residence, if the times they do stay overnight are regular and recurrent. In addition, a person shall be considered an occupant if their clothes or other daily living supplies are maintained at the residence.

OFF-STREET PARKING AREA

Space provided for vehicular parking outside a dedicated street or accessway right-of-way.

OFFICE, GENERAL

The use of land wherein the primary use is the conduct of a business or profession such as, but not limited to, accounting, tax preparation, lenders and securities brokers, architecture, computer software, or information systems research and development, engineering, insurance, law, management, organization and association offices, psychology, theology, real estate and travel. Retail sales do not comprise more than an accessory use of the primary activity of a general office. This definition does not include a "office, medical" as defined by this chapter.

OFFICE, MEDICAL

The use of a site for facilities which provide 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. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia. Emergency treatment is not the dominant type of care provided at this facility.

OPEN SPACE

Any parcel of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment. Open space may include active recreational facilities such as swimming pools, play equipment, ball fields, court games, and picnic areas.

OPEN SPACE, COMMON

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, swimming pools, tennis and basketball courts, and similar facilities.

OPEN SPACE, REQUIRED

Any space required in any front, side, or rear yard.

OUTDOOR DISPLAY

The permanent and/or continuous keeping, displaying, or storing, outside of a building, of any goods, materials, merchandise or equipment to be sold to the public.

OUTDOOR STORAGE

The keeping, in other than a building, of any goods, materials, or merchandise on the same parcel for more than 24 consecutive hours.

PARCEL or PARCEL OF LAND

A lot or parcel which is described by plat or other legal description.

PARKING FACILITY

A site for surface parking or a parking structure 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 chapter. This use type shall not include parking facilities accessory to a permitted principal use.

PARKING LOT AREA

The square foot area of the parking spaces and aisles and interior parking lot islands, excluding access drives that do not have parking spaces within them.

PARKING SPACE, COMPACT

A space for parking one passenger automobile that is 16 feet long and eight feet wide and is marked "Compact car."

PARKING SPACE, NORMAL

An area not less than 10 feet wide by 20 feet long for an automobile or motor vehicle, such space being exclusive of necessary drives, aisles, entrances or exits and being fully accessible for the storage or parking of permitted vehicles.

PARKING STRUCTURE, MULTILEVEL

A structure with multiple stories designed for the parking of passenger vehicles and in which there is no provision for the repairing of vehicles.

PATIO

A level surfaced area directly adjacent to a principal building which has an average elevation of not more than 30 inches from finished grade, and without walls or a roof. A patio may be constructed of any materials.

PAWN SHOP

A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property.

PEDESTRIANWAYS

Paved, marked or otherwise designated pedestrian treatments meeting AASHTO standards.

PERSON

An individual, firm, corporation, or association.

PERSONAL IMPROVEMENT SERVICES

Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

PERSONAL SERVICES

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; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry-cleaning stations serving individuals and households.

PLAT

A map or plan of a parcel of land that is to be, or has been, subdivided. When used as a verb, "plat" is synonymous with "subdivide."

PORCH

An area elevated above grade that adjoins an entry to a building that may be covered or open.

[Amended 4-15-2021 by Ord. No. 2021-04]

PORTABLE STORAGE CONTAINER

A large container, typically intended for transport by large truck, train, or ship, that is used for the temporary storage and/or transport of personal property.

[Added 3-21-2019 by Ord. No. 2019-04]

PORTICO

A roof structure over a walkway supported by columns or supported by the building.

[Added 4-15-2021 by Ord. No. 2021-04]

POSTAL OFFICE

Postal services directly available to the consumer operated by the United States Postal Service.

PREMISES

See "lot."

PRESERVATION

The act or process of applying measures to sustain the existing form, integrity, and material of a site, structure, or landmark and their existing form and vegetative cover. Preservation may include initial stabilization work, where necessary, as well as ongoing maintenance of these elements.

PRINCIPAL BUILDING OR STRUCTURE

A building or structure in which the primary use of the lot on which the building is located is conducted.

PRINCIPAL USE

The main use of land or structures as distinguished from a secondary or accessory use.

PROPERTY

Any tract, lot, parcel or several of such tracts, lots or parcels collected together.

PUBLIC

Unless otherwise specifically indicated, "public" shall mean anything owned, operated, provided and/or maintained by a local, state, or federal government.

PUBLIC ASSEMBLY

Facilities that accommodate public assembly for sports, amusements, or entertainment purposes. Typical uses include auditoriums, sports stadiums, convention facilities, and incidental sales and exhibition facilities.

PUBLIC MAINTENANCE AND SERVICE FACILITY

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.

PUBLIC PARK AND RECREATIONAL AREA

Publicly owned and operated parks, picnic areas, playgrounds, indoor/outdoor athletic or recreation facilities, indoor/outdoor shelters, amphitheaters, game preserves, open spaces, and other similar uses. This shall not include public recreation assembly.

PUBLIC PARKING

Any area used primarily or regularly for parking motor vehicles; or to any parking space or area required to be provided by any law; except for parking provided solely to reserve a single-family dwelling.

PUBLIC RECREATION ASSEMBLY

Publicly owned and operated community, civic, or recreation centers, year-round swimming facilities, or indoor performing arts/auditoriums.

PUBLIC USE

Any use for exclusively public purposes without reference to the ownership or structures or the realty upon which it is situated by any department or branch of the federal government, commonwealth, county or town.

PUBLIC UTILITY

Any person, firm, corporation, municipal department or board duly authorized to furnish and furnishing, under federal, state or municipal regulations, to the public electricity, gas, steam, communications, telegraph, transportation or water.

RECONSTRUCTION

Any work needed to remake or rebuild a part of any building to a sound condition, but not necessarily using original materials.

RECREATION FACILITY, PRIVATE

A private 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.

RECREATION FACILITY, PUBLIC

Publicly owned or operated recreation facilities.

RECREATION, ACTIVE

Those recreational pursuits which require physical alteration to the area in which they are performed, including, but not limited to, pedestrian ways, bikeways, tennis courts, swimming and boating areas, playgrounds, and play fields.

RECREATION, PASSIVE

Recreational activities that generally do not require a developed site such as hiking, horseback riding, and picnicking.

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the largest horizontal projection;

SALVAGE AND SCRAP SERVICE

Designed to be self-propelled or permanently towable by a light-duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational camping, travel, or seasonal use.

RECYCLING CENTER

A facility used by the general public for the collection of materials for recycling or reuse, including bins, boxes, buildings, self-propelled motor vehicles, trailers and other enclosures or receptacles. Except for City or other governmental sponsored programs to collect and/or recycle household hazardous wastes, this definition shall not include facilities for the collection of nonrecyclable materials, such as business and household refuse, garbage, organic materials, medical waste, trash, junk, toxic substances or similar materials.

REFUSE COLLECTION SITE

Facility for the collection of nonrecyclable materials, such as business and household refuse, garbage, organic materials, medical waste, trash, junk, toxic substances or similar materials.

RELIGIOUS ASSEMBLY

A use located in a permanent building and providing regular organized religious worship and related incidental activities, except primary or secondary schools and day-care facilities.

REPLACEMENT COST

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 County Assessor to determine the percentage of the cost of improvements.

RESEARCH AND DEVELOPMENT

A business which engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of communication systems, transportation, geographic information systems, multimedia and video technology. Development and construction of prototypes may be associated with this use.

RESIDENTIAL DENSITY

A measure of dwelling units per acre. The number of units shall be rounded up to the next whole unit (e.g., a 5.2 unit/acre average would be counted as six units/acre).

RESTAURANT

Any building in which, for compensation, food or beverages are dispensed for consumption on the premises, including, among other establishments, cafeterias, cafes, tearooms, confectionery shops, refreshment stands and drive-ins.

RESTAURANT, DRIVE-IN

An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, served in disposable containers at a counter and a drive-up or drive-through service facility, or which offers curb service.

RESTAURANT, GENERAL

An establishment engaged in the preparation of food and beverages containing more than 2,000 gross square feet and characterized primarily by table service to customers in nondisposable containers.

RESTAURANT, MOBILE

A readily movable, wheeled cart, trailer, or vehicle designed and equipped for the preparing, serving, and/or selling of food and operated at temporary locations. This definition shall include food trucks, food trailers, and food carts and shall not apply to ice cream trucks.

RESTAURANT, SMALL

An establishment engaged in the preparation of food and beverages containing no more than 2,000 gross square feet and characterized primarily by table service to customers in nondisposable containers. Typical uses include cafes, coffee shops, and eat-in delis.

RIGHT-OF-WAY

A legally established area or strip of land, either public or private, on which an irrevocable right of passage has been recorded, and which is occupied or intended to be occupied by a street, utility service, water main, sanitary or storm sewer main, or other similar use.

ROAD

See "street."

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 included paper and metal salvage yards, automotive wrecking yards, junkyards, used tire storage yards, or retail and/or wholesale sales of used automobiles parts and supplies.

SAWMILL, TEMPORARY

A portable sawmill located on private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto, or incidental processing of timber transported from other property.

SCHOOL, PRIVATE

Any building or group of buildings the use of which meets state requirements for elementary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency.

SCREENING

A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation. Screening is intended to substantially, but not necessarily totally, obscure visual impacts between adjoining uses.

SERVICE BAY

An enclosed or partially enclosed area where motor vehicles are parked while they are serviced or repaired.

SERVICE STALL

A non-enclosed area where motor vehicles are parked while they are serviced or repaired, which may be covered but not enclosed by walls or doors.

SETBACK

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

SETBACK LINE

See "building line."

SHELTER

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.

SHOOTING RANGE, INDOOR

The use of a structure for archery or firearms for the purposes of target practice or competitions.

SHOPPING CENTER

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.

SHORT-TERM RENTAL

A residential dwelling unit that is used or advertised for rent for transient occupancy in increments of fewer than 30 consecutive days. This use type does not include bed-and-breakfast establishments.

[Added 3-15-2018 by Ord. No. 2018-06; amended 7-19-2018 by Ord. No. 2018-12]

SHRUB

A woody plant producing multiple shoots or stems from the base height, with a total height of 15 feet or less. Also, when used to meet the landscaping criteria of the zoning chapter, a perennial planting that, at the time of planting, has a minimum height of two feet measured from the ground elevation after planting.

[5]

SIGN

A display designed or intended to convey information to the public in written or pictorial form where such display is made on, attached to, or as part of a structure, surface, or any other thing, including but not limited to the ground, any rock, tree or other natural object which display is visible beyond the boundaries of the parcel of land on which it is made. The term shall not be construed to include any display of merchandise or temporary signage displayed within a show window. A display of less than one square foot in area is excluded from this definition.

[Amended 3-21-2019 by Ord. No. 2019-04]

SIGN AREA

The entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure. Sign area is calculated by standard mathematical formulas such as height times width for rectilinear signs, πr² for circular signs, and the applicable standard mathematical formula for other geometrical shapes.

[6]

SIGN FACE

The area or display surface used for the message, not including any framing, trim or molding, or the support structure. Face area is calculated using the same mathematical formulas as for sign areas.

SIGN HEIGHT

Distance measured in feet and inches from the ground below the sign to the highest point of the sign to include the sign structure, or in the case of wall signs on upper floors, from the floor level immediately below the sign to the highest point of the sign. Artificially increasing the height of the sign by berming or mounding dirt or other material at the sign base is prohibited.

SIGN STRUCTURE

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

SIGN, A-FRAME

A temporary, portable sign used at a place of business to provide information to pedestrians and slow moving vehicles. The sign may be one- or two-sided.

SIGN, ANIMATED

A sign which changes physical position or involves the use of motion, rotation, or the appearance of motion.

SIGN, AWNING

See "sign, canopy."

SIGN, BANNER

A temporary sign made of cloth, paper, vinyl or like material attached to a wall so as to remain in a generally stationary position.

SIGN, BILLBOARD

See "sign, off-premises."

SIGN, CANOPY

A sign placed directly on or attached to the surface of an awning or canopy.

SIGN, CHANGEABLE

A sign or part of a sign that is designed so that characters, letters or illustrations can be mechanically or physically changed or rearranged without altering the face or surface of the sign.

SIGN, DOUBLE-FACED

A sign with two parallel or nearly parallel faces, back to back, upon which advertising is displayed.

SIGN, ELECTRONIC MESSAGE BOARD

Any sign that uses changing lights to form a sign message or messages wherein the sequence of messages and the rate of change is electronically programmed and can be modified by electronic processes.

SIGN, FLAG

Cloth or similar flexible fabric attached to a pole at one end such that the material can bend or flutter from the point(s) of attachment.

SIGN, FLASHING

Any illuminated sign on which there is artificial light which is not stationary or constant in intensity or color at all times when such sign is in use.

SIGN, FREESTANDING

Sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure, or a monument form without separate supporting elements.

SIGN, GOVERNMENT

Government signs that are approved by the City council or installed for the public benefit by the City of Lexington.

SIGN, HANGING

See "sign, projecting."

SIGN, ILLUMINATED

A sign illuminated in any manner by an artificial light source, whether internally or externally lit. Externally illuminated signs are those that have a light source projecting onto the face of the sign either by downlighting or indirectly with fluorescent, halogen or a source that gives off natural white light. Internally illuminated signs are those that have a light source inside or behind the sign structure or sign face which projects lights through or from the sign face.

SIGN, INDIVIDUAL LETTER

A sign made up of letters only that are attached directly to the building.

SIGN, INFLATABLE

Any display capable of being expanded by air or other gas and used on a temporary or permanent basis to advertise a product or event.

SIGN, MINOR

A wall or freestanding sign not exceeding one square foot in area, not exceeding four feet in height, and not illuminated. Examples include "no trespassing" signs, displays of building address, security warning signs, on-site directional signs, and the like.

SIGN, MOBILE BILLBOARD

An off-site advertising sign mounted on a vehicle or trailer that can become part of traffic flow or be parked at specific locations. Neither vehicles nor trailers which advertise the company of their primary use nor campaign signs are considered mobile billboards.

SIGN, MOVING OR ROTATING

An environmentally activated sign or other display with mechanical motion powered by natural, manual, mechanical, electrical or other means, including, but not limited to, pennant strings, streamers, spinners, propellers, and search lights. Hand-held signs are not included; see "sign, portable".

SIGN, OFF-PREMISES

Any sign, including billboards, which directs attention to a business, commodity, service or establishment conducted, sold or offered at a location other than the premises on which the sign is erected.

SIGN, PAINTED

Any sign painted on the exterior surface of a building; includes a mural sign.

SIGN, PORTABLE

Any sign not permanently affixed to a building, structure, or the ground. This category includes, but is not limited to, signs attached to or placed on vehicles not used for the daily conduct of the business, banners, balloons, and similar devices used to attract attention, including hand-held signs.

SIGN, PROJECTING

A sign attached to a building, approximately perpendicular to the building wall, and projecting up to four feet from the building wall; also "sign, hanging".

SIGN, ROOF

Any sign erected, constructed, and maintained wholly upon or over the roof of any building. (Such signs are not permitted under this chapter.)

SIGN, TEMPORARY

A sign designed or intended, based on materials and structural components, to be displayed for a specified or limited period of time, regardless of type or style of sign. Examples include real estate signs, yard sale signs, contractor's signs, and special or one-time event signs per year.

SIGN, WALL

Any signs or lettering, projecting not more than eight inches, which are placed against or attached to the front, rear, or side wall of a building, but shall not be painted or mural signs, or roof signs as defined herein.

SIGN, WINDOW

A sign painted, stenciled, or affixed on a window.

SITE PLAN

A plan prepared by a professional engineer or land surveyor licensed by the state showing all proposed improvements to the site in accordance with this chapter.

SPECIAL USE

A special use exception or yard, area or height exception specifically listed in this chapter which may be permitted by the Board of Zoning Appeals in a specified district or in all districts in accordance with the provisions of this chapter.

SPECIALTY FOOD SHOP

The use of land, such as a coffee, candy, or ice cream shop, where the primary client consumption is off-site with limited seating and the product is limited to one type or line of food service and the food preparation is such that:

All odors must be contained within the establishment and specialized equipment may be required to contain the odors;

It does not involve "cooking" but the application of heat, by microwave or the boiling of water for beverages, shall not be considered "cooking" for purposes of this definition; and

SPECIFIED ANATOMICAL AREAS

No open flame heat source is used.

SPECIALTY SHOP

A small-scale (less than 2,500 square feet per business) retail use which offers for sale items of art or crafts, or which offers for sale items related to a specific theme, e.g., kitchen wares, pet care, etc.

Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and

SPECIFIED SEXUAL ACTIVITIES

Human male genitals in a discernibly turgid state, even if completely and opaquely covered

Human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

SQUARE FEET, GROSS

All enclosed, usable space within a structure, including unfinished service areas such as stairwells and elevators.

SQUARE FEET, NET

All enclosed, usable finished space within a structure, not including unfinished service areas such as stairwells and elevators.

STATE ROAD

A street or roadway that is part of the Virginia State Highway System or Secondary Highway System.

STORAGE YARD

An area used or intended for the storage of materials, refuse, or vehicles and equipment not in service. Storage yards shall not incorporate any other areas of project development such as parking areas, landscaping, and yard areas.

STORE

Retail stores and shops.

STORE, ADULT

An establishment that:

Offers for sale or rent items from any of the following categories:

(a)

Adult media;

(b)

Sexually oriented goods; or

(c)

Goods marketed or presented in a context to suggest their use for specified sexual activities; and

The combination of such items constitutes more than 15% of its stock-in-trade or occupies more than 15% of its gross public floor area; and

STORE, NEIGHBORHOOD CONVENIENCE

Where there is no on-site consumption of the goods, media or performances for sale or rent.

STORE, GENERAL

Buildings for display and sale of merchandise at retail.

STORE, GROCERY

A retail business primarily engaged in the sale of unprepared food for personal or household preparation and consumption. Such a facility may also engage in incidental sales of prepared foods for personal consumption on or off site.

Establishments 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 shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets and country stores.

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, or 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 two-thirds of the floor area and the ceiling next above it.

STREET

A dedicated strip of land or right-of-way subject to vehicular or pedestrian traffic providing means of access to property.

STREET LINE

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

STREET, PRIVATELY MAINTAINED

Any roadway that is restricted as to the hours of access by the general public or by those who may use it. The definition shall be construed to include public roads that are maintained by the individuals living along or otherwise served by the road or by a property owners' association created for purposes including maintenance of streets.

STREET, PUBLIC

A street which affords principal means of access to abutting property, and encompassed by a right-of-way dedicated to public use and maintained by the Commonwealth as a part of the state primary or secondary road system. The right-of-way shall not be less than 50 feet.

STREET, SERVICE DRIVE

Also referred to as a "frontage road"; a public right-of-way generally parallel and contiguous to a major highway, primarily designed to promote safety by controlling ingress and egress to the right-of-way by providing safe and orderly points of access to the highway.

STREETSCAPE

The combination of buildings, uses, landscaping, and furniture located in the area that may either abut or be contained within a public or private street right-of-way or accessway that creates the visual image of the street.

STRING LIGHTS

Light sources connected by free-strung wires or inside of tubing resulting in several or many points of light that are unshielded or partly shielded light sources.

[Added 7-1-2021 by Ord. No. 2021-05]

STRUCTURE, PERMANENT

Anything constructed or erected the use of which requires more or less permanent location on the ground, or which is attached to something having a permanent location on the ground, including advertising signs and billboards.

STRUCTURE, TEMPORARY

Anything constructed or erected without a permanent foundation or footings and that extends eight inches or more above the adjacent yard surfaces, but excluding a manufactured home as defined by this chapter.

STUDIO, FINE ARTS

A building, or portion thereof, used as a place of work by a sculptor, artist, or photographer; or used as a place to exhibit and offer for-sale works of the visual arts (other than film).

SUBDIVIDER

Any person owning any parcel of land to be subdivided, or a group of two or more persons owning parcel of land to be subdivided, or a person or group of persons who has given their power of attorney to one of their group or to another individual to act on their behalf in planning, negotiating for, representing or executing the legal requirements of the subdivision.

SUBDIVISION

To divide any tract, parcel or lot of land into two or more parts for the purpose of transfer of ownership or building development.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to ensure safe living conditions; or

SUBSTANTIAL RENOVATION/REHABILITATION

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

Improvements, not primarily cosmetic in nature, whose cost should equal at least 25% of the value of the structure after the renovation/rehabilitation is completed.

SURPLUS SALES

Businesses engaged in the sale of used or new items, involving regular or periodic outdoor display of merchandise for sale. Typical uses include flea markets and factory outlets, or discount businesses with outdoor display.

SURVEYOR

A certified land surveyor licensed by the Commonwealth of Virginia.

TATTOO PARLOR and/or BODY PIERCING SALON

Any business that provides tattooing or body piercing as those terms are defined in Virginia Code § 54.1-700, or both tattooing and body piercing.

TELECOMMUNICATION TOWER

See "broadcasting or communication tower."

TOWER HEIGHT

The distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

TOWNHOUSE

See "dwelling, townhouse."

TOWNHOUSE DEVELOPMENT

One or more single-family dwellings containing townhouses, with accessory parking, open space and recreational and management facilities.

TRAILER, TRAVEL

See "recreational vehicle."

USE

The purpose or activity for which land or buildings thereon are designed, arranged or intended, or for which they are occupied or maintained, and any manner of performance of such activity with respect to the performance standards of this chapter.

UTILITY SERVICE, MAJOR

Service of a regional nature which normally entails the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community wastewater treatment plants, and similar facilities. Included in this definition 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. All overhead service, distribution and transmission lines are included in this definition.

UTILITY SERVICE, MINOR

Service which is necessary to support development within the immediate vicinity and involve only minor structures. Included in this use type are small facilities such as transformers, relay and booster devices, and well, water and sewer pump stations.

[Amended 12-1-2022 by Ord. No. 2022-14]

VARIANCE

A relaxation of the terms of this chapter where such relaxation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a variance is authorized only for height, area and size of a structure or size of yards and open spaces; the 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 division or district or adjoining zoning divisions or districts.

VDOT

The Virginia Department of Transportation.

VEGETATIVE BUFFER

Deciduous and evergreen plants, shrubs, or trees that are mature enough to act as an effective visual and audible buffer.

VEGETATIVE FILTER STRIP

Perennial vegetation established or left undisturbed adjacent to the shoreline of a watercourse intended to filter out sediment and other nonpoint source pollutants from runoff before it reaches a watercourse.

VETERINARY HOSPITAL/CLINIC

Any establishment rendering surgical and medical treatment of animals. Boarding of domestic 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. Agricultural livestock such as horses and cows may be boarded outdoors as appropriate.

VIDEO-VIEWING BOOTH or ARCADE BOOTH, ADULT

An enclosure designed for occupancy by no more than five persons, used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media, or live performances or lingerie modeling, for observation by patrons therein.

VIRGINIA LANDMARKS REGISTER

The official list, maintained by the Department of Historic Resources, of historic resources considered by the Board of Historic Resources to be worthy of historic preservation.

WAREHOUSING

An operation from a structure, or part of a structure, for storing goods, wares, commodities and merchandise, whether for the owner thereof or for others, and whether it is a public or private warehousing operation, but excluding miniwarehouses.

[Added 7-1-2021 by Ord. No. 2021-05]

WETLANDS

Waters of the United States, including land where, at least some of the time, water saturates the soil enough to result in a hydric soil (soil that is characterized by an absence of free oxygen some or all of the time). Wetlands limits must be determined in accordance with the current federally approved method of delineation.

WHOLESALE SALES

An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers.

WINERY

A winery use is a facility licensed in accordance with Virginia Code § 4.1-207 and regulations of the Board of Alcoholic Beverage Control to manufacture wine and to sell, and deliver or ship such wine in closed containers for the purpose of resale outside the state or by persons licensed by the state to sell the wine at wholesale. The use may include the licensed operation of distilling equipment on the premises to manufacture spirits from fruit or fruit juices only, where used solely to fortify wine produced by the winery. This use does not include a farm winery.

YARD

An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

FRONT YARDAn 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.

REAR YARDAn 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.