[Amended 10-19-2020; 10-17-2022]
When used in this article, the following words and phrases shall
have the meanings given in this section:
ABANDONMENT
For the purpose of this article, abandonment shall mean the
stopping or halting of a use or occupancy of a non-conformity for
a period of two years or more.
ABATTOIR
A building or structure where livestock is slaughtered and
prepared for distribution to butcher shops or retail sales establishments
such as grocery stores. A slaughterhouse is designed to accommodate
the confinement and slaughtering of live animals and may include packing,
treating, storage, or sale of the product on the premises.
ACCESSORY APARTMENT
A secondary dwelling unit established in conjunction with
and clearly subordinate to, the principal dwelling unit on a lot,
contained within or attached as a part of the same structure as the
principal dwelling unit on the same lot.
ACCESSORY BUILDING OR STRUCTURE
A building or structure detached from a principal building
on the same lot and customarily incidental and subordinate to the
principal building or use. Where an accessory building or structure
is attached to the principal building in a substantial manner, as
by a wall or roof, such accessory building shall be considered a part
of the principal building (i.e., garage, satellite dish, aboveground
pool, well house). Garages, carports, and storage sheds are examples
of common accessory structures on residential lots. Pole barns, hay
sheds, and the like are examples of accessory structures on farms.
ACCESSORY DWELLING (DETACHED)
A secondary dwelling unit established in conjunction with,
and clearly subordinate to, the principal dwelling unit on a lot,
as a detached structure on the same lot for the use by immediate family
only. Also called “Second Dwelling”.
ACCESSORY USE
A use of land or a building or structure or portion thereof
customarily incidental and subordinate to the principal use of the
land or building or structure and located on the same lot with such
principal use (i.e., garage for equipment repair).
ADJACENT PARCEL
A parcel of land that shares all or part of a common lot
line or boundary with another parcel of land, or a parcel of land
that would abut another parcel of land, but for the fact a street
or right of way divides the parcels.
ADMINISTRATIVE SERVICES
Governmental offices providing administrative, clerical,
or public contract services that deal directly with the citizens.
Typical uses include federal, state, county, and town offices.
ADMINISTRATOR, ZONING
An official charged with the enforcement of this article.
He may be an appointed or elected official who is designated for the
position by formal resolution of the governing body.
ADULT DAY CARE CENTER
Any facility that provides supplementary care and protection
during only part of the day to four or more aged, infirmed, or disabled
adults who reside elsewhere, except (i) a facility or portion of a
facility licensed by the State Board of Health or the Department of
Behavioral Health and Developmental Services, and (ii) the home or
residence of an individual who cares for only persons related to him/her
by blood or marriage. Included in this definition are any two or more
places, establishments, or institutions owned, operated, or controlled
by a single entity and providing such supplementary care and protection
to a combined total of four or more aged, infirmed, or disabled adults.
ADULT ENTERTAINMENT
An establishment offering goods and services of an adult
nature, which includes the selling and rental of publications and
other material of a sexual nature. (i.e., adult bookstore, adult video
rental stores, adult theaters, adult nightclubs).
AFFECTED PROPERTY OWNER
The owner of any property upon which the proposed development
will have a positive or negative impact.
AGRICULTURAL SERVICES
An establishment primarily engaged in providing services
specifically for the agricultural community and not directly associated
with a farm operation. Included in this use type would be servicing
of agricultural equipment, independent farm equipment operators and/or
feed/seed suppliers.
AGRICULTURAL SUPPORT (DIRECT)
Uses that provide support and services to animal and crop
production and dairying, or other related agricultural use, which
are limited to and that operate on the site of ongoing agricultural
uses. These uses include: agricultural processing, agri-education,
animal care businesses, customer operators (haymaking, brush hogging,
crop storage, hauling, fencing, barn construction); direct market
businesses for the sale of products produced on-site (e.g. pick your
own), farm co-ops, farm based tourism events, farm machinery repair,
pet farms, products combining recreation and consumption of agricultural
products, portable sawmills, stables, wetlands mitigation banks, and
similar uses. (Land Use Category: Agricultural Services).
AGRICULTURAL SUPPORT (INDIRECT)
Uses that provide support and services to animal and crop
production and dairying, or other related agricultural use, either
on the site of the agricultural use or off-site. These uses include:
agricultural research facility, animal care businesses, central farm
distribution hub for agricultural products, farm machinery repair,
farm machinery sales, rental and service, mill feed, and farm supply
centers, and other similar uses. (Land Use Category: Agricultural
Services).
AGRICULTURE
The tilling of soil, or raising of animals and/or fowl, including
the agricultural industry or business such as dairies and similar
uses. Land Use includes the raising or keeping of crops, livestock
and livestock products, including but not limited to: field crops,
fruits, vegetables, horticultural specialties, cattle, sheep, hogs,
goats, horses, poultry, furbearing animals, milk, eggs and furs. A
garden accessory to a residence shall not be considered agriculture.
AIRPORT
Any area of land or water designed and set aside for the
landing and takeoff of aircraft, including all necessary facilities
for the housing and maintenance of aircraft.
AIRSTRIP
A runway without normal air base or airport facilities. (Land
Use Category: Aviation Facility, public/private).
AISLEWAY PARKING
A passage for vehicular traffic within a parking area, through
a parking bay.
ALLEY
A narrow street or thoroughfare giving access to the rear
or side of lots or buildings.
ALTERATION
Any change or rearrangement in the adaptability, external
appearance, or 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 structure from one location
to another.
AMATEUR RADIO TOWER
An antenna, or any combination of a mast plus an attached
or mounted antenna, that transmits noncommercial communications signals
and is used by an amateur radio operator licensed by the Federal Communications
Commission.
AMENITIES
A man-made or natural feature which enhances or makes more
attractive a particular site for development.
AMUSEMENT PARK
A facility, primarily outdoors and open to the public for
a fee, that includes structures and buildings for providing entertainment
including rides, booths for the conduct of games or sale of items,
buildings for shows and entertainment, and restaurants and souvenir
sales. (Land Use Category: Commercial Outdoor Entertainment).
ANIMAL CONFINEMENT
The keeping or raising of livestock under cover or in a confined
lot for a total of 45 days or more in any twelve-month period. Examples
of animal confinement include, but are not limited to, dairies, poultry
houses, swine or veal operations, or feed lots.
ANIMAL GROOMING
Any place or establishment, public or private, where animals
are bathed, clipped, or combed for the purpose of enhancing their
aesthetic value and/or health, and for which a fee is charged. (Land
Use Category: Veterinary Hospital/Clinic).
ANIMAL PRODUCTION (OTHER THAN INTENSIVE FARMING)
A facility and its supporting lot area used for propagation,
rearing, exercising, feeding, or general raising of livestock or other
living animals for animal husbandry purposes, and not including intensive
farming confinement facilities or dairies. (Land Use Category: Agriculture).
ANIMAL SHELTER
A facility, other than a private residential dwelling and
its surrounding grounds, that is used to house or contain animals
and that is owned, operated, or maintained by a nongovernmental entity
including a humane society, animal welfare organization, society for
the prevention of cruelty to animals, or any other organization operating
for the purpose of finding permanent adoptive homes for animals. (Land
Use Category: Agriculture).
ANTIQUE AND GIFT SHOPS
A commercial establishment which is used primarily for the
indoor display and retail sale of merchandise, primarily furniture,
silverware, glassware and other curios and collectibles of which 80%
or more are over 50 years old or have collectible value; flea markets,
furniture stores, secondhand stores, and thrift stores shall not be
included in the is use group.
APARTMENT
A unit in a multifamily dwelling providing a dwelling for
a single family, in which separate access to the outside is usually
not provided and in which the major orientation of the unit is horizontal
rather than vertical; or any condominium unit of similar physical
character, appearance and structure.
APPLICANT
A person or entity who submits a development application/petition
requesting approval of a permit or development plan approval under
this article.
APPLICATION OR PETITION
The completed form or forms and all accompanying documents,
exhibits, and fees required by this article to be submitted for review
when a person or entity requests approval of a permit, change in zoning
classification, or development plan.
ARENA, STADIUM, OR AMPHITHEATER
A building or structure designed or intended for use for
spectator sports, entertainment events, expositions, and other public
gatherings, which is partially or entirely surrounded by tiers of
seats for spectators. Such uses may or may not include lighting facilities
for illuminating the field or stage area, ticket booths, concessions,
restrooms, parking facilities, and maintenance areas. (Land Use Category:
Commercial Indoor or Outdoor Entertainment).
ART GALLERY
An establishment engaged in the sale, loan, or display of
art books, paintings, sculpture, or other works of art. (Land Use
Category: Cultural Services).
ART, CRAFTS, MUSIC, DANCE, PHOTOGRAPHY, OR MARTIAL ARTS STUDIO/SCHOOL
An establishment with space used for the production of or
instruction in, art, crafts, music, dance, photography, or martial
arts. (Land Use Category: Fine Arts Studio).
ASPHALT OR CONCRETE PLANT
An industrial facility used for the production of asphalt
or concrete, or asphalt or concrete products, used in building or
construction, and includes facility for the administration or management
of the business, the stockpiling of bulk materials used in the production
of asphalt or concrete or finished products manufactured on the premises
and the storage and maintenance of equipment used in production of
the finished product. (Land Use Category: Industrial Manufacturing).
ASSESSED VALUE
The monetary price that a parcel of land, portion of land,
improvement on land, or other commodity is assigned by the Commissioner
of Revenue’s office for the purposes of taxation.
ASSISTED LIVING FACILITY
A public or private congregate residential facility that
provides personal and health care services, twenty-four-hour supervision,
and assistance (scheduled and unscheduled) for the maintenance or
care of four or more adults who are aged, infirmed, disabled, and
who are cared for in a primarily residential setting. This does not
include a home or residence of an individual who cares for or maintains
only persons related by blood or marriage or a residential facility
for eight or fewer individuals who are treated as a single family
in accordance with § 15.2-2291 of the Code of Virginia,
(1950), as amended.
AUCTION FACILITY
A structure or structures in combination used for the conduct
of personal property auctions on a temporary basis by an auctioneer
licensed by the Commonwealth of Virginia.
AUDITORIUM OR STAGE
A building or structure designed or intended for use for
presentation of dramatic, musical, or live performances, other entertainment
and cultural events, and/or other public gatherings, all occurring
inside an enclosed structure typically limited to a capacity of 500
or fewer seats. This used does not include motion picture theaters.
AUTHORIZED AGENT
A person with express written consent to act upon another’s
behalf.
AUTOMATIC TELLER MACHINE (ATM)
A mechanized device operated by a bank or financial institution
that allows pedestrian customers or customers in motorized vehicles
to perform banking or financial transactions at locations remote from
the controlling bank or financial institution. Where an ATM is provided
on site with the bank or financial institution, it shall be considered
part of the principal use. Where an ATM is provided at other locations,
such as a shopping center, it shall be considered an accessory use
to the principal use of the location. (Land Use Category: Financial
Institution).
AUTOMOBILE DEALERSHIP, NEW OR USED
The use of any building, land area, or other premises for
the display of three or more new and/or used automobiles, trucks,
vans, or motorcycles for sale or rent, including any warranty repair
work and other major or minor repair service conducted as an accessory
use.
AUTOMOBILE GRAVEYARD
Any lot or place or part thereof which is exposed to the
weather and upon which more than five motor vehicles of any kind,
incapable of being operated and which it would not be economically
practical to make operative, are placed, located or found, as defined
in § 33.1-348, Code of Virginia, as amended.
AUTOMOBILE PARTS/SUPPLY, RETAIL
Retail sales of automobile parts and accessories. Typical
uses include automobile parts and supply stores, which offer new and
factory-rebuilt parts and accessories, and include establishments
which offer minor automobile repair services.
AUTOMOBILE RENTAL/LEASING
Rental of automobiles and light trucks/vans, including incidental
parking and servicing of vehicles for rent or lease. Typical uses
include auto rental agencies and taxicab dispatch areas.
AUTOMOBILE REPAIR SERVICES
An establishment primarily engaged in providing repair and
maintenance services for automotive vehicles such as passenger cars,
sports utility vehicles, pickup and other light trucks, small vans,
and motorcycles. This use includes oil change and lubrication shops,
automotive glass shops, and general automotive repair garages or shops,
which provide a wide range of mechanical and electrical repair and
maintenance services.
AUTOMOBILE SERVICE STATION
Any areas of land, including structures thereon, used for
retail sale of gasoline or oil, automobile accessories and incidental
services, including facilities for lubricating, hand washing and cleaning,
or otherwise servicing automobiles under cover, but excluding painting.
AUTOMOTIVE PAINTING OR BODY SHOP
A facility providing collision repair and painting services
for automobiles, pickup and other light trucks, or trailers, including
bodywork, framework, welding, and major painting and undercoating
work. (Land Use Category: Automobile Repair Services).
AUTOMOTIVE WRECKER SERVICE
An establishment providing towing and temporary storage on-site
of no more than 10 wrecked or inoperable vehicles for a period of
no longer than 90 days. If an establishment exceeds the number of
vehicles or duration of storage continuously for a period of six months,
then it shall be considered a junk/salvage yard. (Land Use Category:
Automotive Repair Services).
AVIATION FACILITIES, PRIVATE
Any area of land used or intended for the landing and taking
off of aircraft for personal use of the tenant or owner of the site,
not available for public use or commercial operations. Aircraft includes
helicopters, all fixed-wing planes and gliders, but not hang gliders.
AVIATION FACILITIES, PUBLIC
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. This facility is available
for public use or commercial operation.
AWNING
A roof-like cover extending over, or in front of, a place
as a shelter.
BALLOON TEST
A technique utilizing a balloon to demonstrate the height
of a proposed wind energy system or wireless communications facility.
BANK
An establishment that provides retail banking services, mortgage
lending, or similar services to individuals or businesses. Also see
Financial Institution.
BASE FLOOD/100-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
BASE MAP
A document on which property lines are depicted to the most-accurate
scale.
BASEMENT
The part of a building or structure that is wholly or partly
below ground level and can be used for residential, office or retail
sale purposes, with a structural headroom of 7 1/2 feet or more.
BATTERY STORAGE FACILITY
A battery or batteries, and necessary equipment and controls,
utilized to extend the power available to the host facility, and/or
the grid, when installed in conjunction with a utility scale solar
energy farm.
BED-AND-BREAKFAST
A dwelling in which not more than five bedrooms are provided
for overnight guests for compensation, on daily or weekly basis, with
or without meals.
BIOSOLIDS
A sewage sludge that has received treatment for pathogen
control and is treated or managed in an attempt to reduce vector attraction
and contains no more levels of pollutants deemed acceptable for land
application under the Biosolids Use Regulations.
BOARD
Shall refer to the Board of Supervisors of Appomattox County,
Virginia, unless otherwise specifically indicated.
BOARDINGHOUSE
A building where, for compensation, lodging and meals are
provided for at least five and up to 14 unrelated persons, where no
cooking or dining facilities are provided in individual rooms, and
in which the length of stay usually exceeds one week in duration.
BOARD OF ZONING APPEALS
The Appomattox County Board of Zoning Appeals, as established
under this article; the Board appointed to review appeals made by
individuals with regard to decisions of the Zoning Administrator in
the interpretation of the Zoning Ordinance.
BREEZEWAY
A roofed, open-sided passageway connecting two structures,
such as a house and/or a garage.
BREWERY
An establishment primarily engaged in brewing ale, beer,
malt liquors, and nonalcoholic beer with a capacity of greater than
315,000 gallons per year. A brewery may include a restaurant or public
tasting room as an accessory use.
BREWPUB
An establishment that is primarily a restaurant where ale
or beer is brewed on premises as an accessory use. Also see "Microbrewery."
BUFFERING or SCREENING
A strip of land with existing vegetation retained and/or
supplemental vegetation added with trees/shrubs and maintained to
provide transition and separation, to reduce noise and glare and to
partially obstruct the view between adjacent land uses or properties.
Buffers are undeveloped space, not to be cleared, graded, or excavated.
BUILDING
Any structure designed or intended for support, enclosure,
shelter or protection of persons, animals, chattels or property.
BUILDING CODE
The Virginia Statewide Building Code, adopted by the governing
body, and any amendments thereto.
BUILDING, HEIGHT OF
The vertical distance measured from the level of approved
street grade opposite the middle of the front of the building to the
highest point of the roof surface of a flat roof, to the deckline
of a mansard roof, and to the mean height level between eaves and
ridge of a gable, hip or gambrel roof; in the case of a building set
back from the street line 35 feet or more, the "building height" is
measured from the average elevation of the finished ground surface
along the front of the building; and on a corner lot exceeding 20,000
square feet in area, the "height of the building" may be measured
from either adjoining curb grade.
BUILDING INSPECTOR
The Building Official appointed by the governing body to
administer and enforce the Building Code, or his designated representative
or agent.
BUILDING LINE
The line, parallel to the street right-of-way, which passes
through the point of the principal building nearest the street right-of-way,
or in the case of the rear building line, farthest from the street
right-of-way.
BUILDING, MAIN
A building in which is conducted the main or principal use
of the lot on which said building is situated.
BUILDING PERMIT
An approval statement signed by the Building Official authorizing
the construction, alteration, reconstruction, or demolition of all
or part of any building or structure because the proposed development
complies with this article and the Building Code.
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 or secondary,
or college and university, or as a home occupation.
BUSINESS SUPPORT SERVICES
Establishments or places 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.
CALIPER
A measurement of the diameter of a tree trunk measured 4.5
feet above ground level.
CAMP
A use which primarily provides recreational opportunities
of an outdoor nature on a daily or overnight basis. Included in this
use type would be scout camps, religious camps, children's camps,
wilderness camps, and similar uses which are not otherwise specifically
described in this article.
CAMPGROUND
A lot or group of lots under common ownership designed and
used to accommodate short-term, overnight guests using recreational
vehicles, tents, or some other form of temporary lodging and not for
permanent residential use. Temporary lodging or short-term lodging
for the purpose of the Ordinance shall mean less than 30 consecutive
calendar days.
CAMPSITE
A designated plot of ground within a campground intended
or used for the exclusive occupancy by a tent, recreational vehicle,
or a vacation cottage.
CANOPY
A structure that is not enclosed and is made of rigid or
flexible material, that provides overhead protection from rain or
sun for drive through service activity, including nonresidential establishments
with drive-through service and gas pump islands at gas stations. The
canopy may be attached or adjacent to a nonresidential building.
CAR WASH or AUTO DETAILING
A commercial establishment providing the exterior washing
and cleaning of vehicles where vehicles are manually driven into,
or pulled by a conveyor through, a system of rollers and/or brushes,
or by systematic manual hand washing/cleaning for commercial purposes.
Interior cleaning and/or exterior drying may be conducted manually
by the vehicle operator or an on-site attendant(s).
CELLAR
A part of a building or structure that is wholly or partly
below ground level and cannot be used for residential, office or retail
sales purposes, except for storage, with a structural headroom of
less than seven feet and having more than 1/2 of it height below grade.
CEMETERY
A privately or church-owned and/or -operated place of burial
of the dead, where lots may be sold and perpetual care of the graves
may be furnished.
CERTIFICATE OF OCCUPANCY
A certificate granted by the Building Official which permits
the use of a building or structure in accordance with the approved
plans and specifications and which certifies compliance with the provisions
of law for the use and occupancy of the building in its several parts
together with any special stipulations or conditions of the Building
Permit. A building may not be occupied without the issuance of a Certificate
of Occupancy.
CERTIFICATE OF ZONING COMPLIANCE
For the purposes of this article, official certification
that premises conform to all applicable provisions of this article
and may be lawfully used or occupied.
CHANGE OF USE
Any use which is not identical to the previous use of the
building, structure, or land.
CHECK CASHING ESTABLISHMENT
Any person or establishment engaged in the business of cashing
checks, drafts, or money orders for compensation, and registered with
the State Corporation Commission pursuant to § 6.1-443,
Code of Virginia, (1950), as amended. (Land Use Category: Financial
Institution).
CHICKENS, DOMESTIC
The keeping of chickens located in principal residential
zoning districts as an accessory use for the purpose of providing
individual households in urban/suburban environments the opportunity
to produce fresh eggs for personal household consumption.
CHURCH
A building which is used by a religious organization for
public worship, including support facilities, such as a clergy residence,
instructional buildings and church-owned cemeteries. (Also see "religious
assembly.")
CIVIC CENTER
A facility designed to accommodate 500 or more persons and
used for conventions, conferences, seminars, product displays, recreation
activities, and entertainment functions, along with accessory functions
including temporary outdoor display, food and beverage preparation
and service for on-site consumption. Similar structures with a capacity
less than 500 persons constitute a conference center or training center.
(Land Use Category: Commercial Indoor Entertainment).
CLINIC
A facility providing medical, psychiatric, or surgical service
for sick or injured persons exclusively on an outpatient basis, including
emergency treatment, diagnostic services, training, administration,
and services to outpatients, employees, or visitors.
CLUB, CIVIC
A group of people organized for a common purpose to pursue
common goals, interests, or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws. Civic club organizations
include but are not limited to Ruritan clubs, Kiwanis clubs, Masonic
clubs, and private and nonprofit clubs such as the YMCA.
CLUB, COUNTRY
Any nonprofit corporation organized and operated to provide
facilities for dining, golf, tennis and swimming to its private, self-perpetuating
membership. Civic, fraternal and patriotic clubs and lodges, whether
operated for profit or not, shall be deemed "country clubs."
CLUB, HUNT
A for-profit or nonprofit entity which has a building(s)
or land(s) used by hunters or invited guests of hunting expeditions.
A hunting cabin, which may be an ancillary part of the club, may include
cooking facilities and sleeping quarters or bunkhouses for limited
stays of not more than 30 consecutive days.
CLUB, PRIVATE
An establishment operated for the social, educational or
recreational benefit of the members thereof, in which no enterprise
is conducted except for the convenience of the members thereof and
their guests. It includes, but is not limited to, hunt clubs, country
clubs, and swim clubs, etc.
CLUBHOUSE
A building or room used for social or recreational activities
by members of an organization or club (e.g. golf course clubhouse)
or occupants of a residential or other development (e.g. home owners
association). A clubhouse is subordinate to the principle use of the
property.
CLUSTER DEVELOPMENT
A development design technique that concentrates buildings
in specific areas on a site to allow the remaining land to be used
for recreation, common open space, and preservation of environmentally
sensitive areas.
CODE
The Code of Appomattox County.
COLLEGE OR UNIVERSITY
A public or private, non-profit institution for post-secondary
education offering courses in general or technical education which
operates within buildings or premises on land owned or leased by the
institution for administrative and faculty offices, classrooms, laboratories,
chapels, auditoriums, lecture halls, libraries, student centers, athletic
fields, dormitories, and other facilities which further the educational
mission of the institution. (Land Use Category: Educational Facilities,
College/University).
COMMERCIAL
A wholesale, retail or service business activity established
to carry on trade for a profit.
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.
[Added 3-29-2016]
COMMERCIAL INDOOR ENTERTAINMENT
Predominantly spectator uses conducted within an enclosed
building. Typical uses include motion picture theatres, concert or
music halls.
[Added 3-29-2016]
COMMERCIAL INDOOR SPORTS AND ENTERTAINMENT
Predominantly participant uses conducted within an enclosed
building. Typical uses include bowling alleys, ice and roller skating
rinks, indoor racquetball, and/or tennis facilities, and indoor shooting
ranges.
[Added 3-29-2016]
COMMERCIAL FEEDLOTS
A feedlot whose primary enterprise is to feed cattle and
market them for slaughter.
COMMERCIAL LANDSCAPE OPERATION
The provision of tree, lawn, and landscaping services including
planting, pruning, mulching, and tree/lawn/grounds maintenance using
landscaping materials grown on the property and landscape materials
produced off-site such as top soil and mulch. Includes greenhouses,
office building, and equipment necessary for the operation of such
services. (Land Use Category: Landscaping and Lawn Care Services).
COMMERCIAL OUTDOOR ENTERTAINMENT
Predominantly spectator uses conducted in open or partially
enclosed or screened facilities. Typical uses include sports arenas,
motor vehicle or animal racing facilities, and outdoor amusement parks.
[Added 3-29-2016]
COMMERCIAL OUTDOOR SPORTS AND RECREATION
Predominantly participant uses conducted in open or partially
enclosed or screened facilities. Typical uses include driving ranges,
miniature golf, swimming pools, tennis courts, outdoor racquetball
courts, motorized cart and motorcycle tracks, and motorized model
airplane flying facilities.
[Added 3-29-2016]
COMMISSION
The Planning Commission of Appomattox County and the Town
of Pamplin City, Virginia, known as the "Appomattox County Planning
Commission."
COMMUNICATIONS SERVICES
Establishments 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 or Wireless Communications
Facilities. Typical uses include television studios, telecommunication
service centers, telegraph service offices, or film and sound recording
facilities.
COMMUNITY CENTER
A building used for recreational, social, educational, and/or
cultural activities, open to the public or a designated part of the
public, usually owned and operated by a public or nonprofit group
or agency. Includes uses for senior citizens and/or youth.
COMMUNITY GARDEN
A private or public facility for the cultivation of fruits,
flowers, vegetables or ornamental plants by more than one person,
household or family, with produce used exclusively by said person,
household or family within the common community, for the greater good
of the common community. (Land Use Category: Accessory Use/Structure).
COMMUNITY RECREATION
A recreational facility for use solely by the residents and
guests of a particular residential development, planned unit development,
or residential neighborhood, including indoor and outdoor facilities.
These facilities are usually proposed or planned in association with
development and are located within or adjacent to such development.
COMPANION ANIMAL
Any domestic or feral dog, domestic or feral cat, nonhuman
primate, guinea pig, hamster, rabbit not raised for human food or
fiber, reptile, native bird, or any feral animal or any domesticated
animal under the care, custody, or ownership of a person or any animal
that is bought, sold, traded, or bartered by any person. Agricultural
animals, such as livestock, game species, or any animals regulated
under federal law as research animals shall not be considered companion
animals.
COMPOSTER
A structure, reviewed and approved by the Robert E. Lee Soil
and Water Conservation District, or other appropriate agency, utilized
for the disposal of dead fowl.
COMPOSTING
The agricultural process by which organic waste (i.e. yard
trimmings, food wastes, manures) are combined in proper ratios; adding
bulking agents (i.e. wood chips) as necessary, to provide air space;
controlling temperature, moisture, and oxygen to achieve accelerated
decomposition; thus producing a stable humus material.
CONDITIONAL REZONING
A change in the zoning classification of a parcel of land
or portion thereof, in which voluntary conditions, otherwise known
as proffers, are placed on the approval of change in zoning classification.
CONDITIONAL USE
A use of the land which may be allowed in a zoning district
in which the land is situated subject to the approval of the governing
body after a public hearing thereon.
CONDITIONAL USE PERMIT
A permit issued by the Board of Supervisors for a land use
that is not listed under the permitted uses for the zoning district
in which the land is located, but which the zoning ordinance does
list for that zoning district as a ‘conditional use’,
a ‘special use’ or words of similar import, signifying
that the use is to be permitted only after being submitted to governmental
scrutiny in each case, in order to ensure compliance with standards
designed to protect neighboring properties and the public. The term
‘conditional use permit’ is used interchangeably with
‘special use permit’ and ‘special exception’.
CONDOMINIUM
A single unit in a multiple-unit residential or commercial
structure that is offered for sale and shall be a part of a condominium
project with general common elements, as defined in § 55-79.2,
Code of Virginia 1950, as amended.
CONFERENCE OR TRAINING CENTER
A facility designed to accommodate fewer than 500 persons
and used for conferences, seminars, product displays, recreational
activities, and entertainment functions, along with accessory functions
such as food and beverage preparation and service for on-site consumption.
(Land Use Category: Business or Trade School).
CONSENSUS
A unanimous agreement between the developer and affected
property owners that the proposed project is compatible as determined
by the presiding officer (formal voting prohibited).
CONSERVATION EASEMENT
The recorded grant of property rights establishing limitations
that run with the land for a minimum of 40 years duration that prohibit
subdivision of non-farm development on the tract other than one single
family dwelling. Such easements shall be held by an entity authorized
to hold easements in the Commonwealth of Virginia.
CONSTRUCTION
The erection of any building or structure or any preparations
thereof, including land disturbing activities.
CONSTRUCTION SALES AND SERVICE
Establishments or places of business primarily engaged in
retail or wholesale sales, 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 YARD
Establishment housing facilities or businesses primarily
engaged in construction activities, including outside storage of materials
and equipment. Typical uses include building contractor yards, concrete
contractor yards, heating and air contractors, and electrical contractors.
CONSUMER REPAIR SERVICES
Establishments 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.
CONTIGUOUS
Parcels of land sharing a common border not separated by
a state maintained road, railroad, or public utility right of way.
CONTRACTOR’S OFFICE
A building or portion of a building used by a building, heating,
plumbing, electrical, or other development contractor both as an office
and for the storage of a limited quantity of materials, supplies,
or equipment inside the building. (Land Use Category: Construction
Yard).
CONTRACTOR YARD
Areas or facilities used for the outside storage of materials
and equipment for businesses engaged in construction activities. This
use type typically does not provide for office space or any enclosed
facility. Also known as a "Construction Yard."
CONVENIENCE CENTER, COUNTY
A facility that accepts residential solid wastes generated
by and transported from individual uses for temporary transport to
a processing or disposal facility. Facility is operated by Appomattox
County.
CONVENIENCE STORE
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 include sales of various fuels. Typical uses include
neighborhood markets and country stores.
CORRECTION FACILITIES
A public or privately operated use providing housing and
care for individuals legally confined for violation of criminal law,
designed to isolate those individuals from a surrounding community.
Such uses may include cafeteria, housing for facility staff, and facilities
for the production of goods or materials for sale so long as it is
enclosed within the secured area.
COUNTY
Appomattox County, Virginia.
CRISIS CENTER
A facility providing temporary protective sanctuary for victims
of crime or abuse including emergency housing during crisis intervention
for victims of rape, child abuse, or physical beatings for a length
of time not to exceed 30 days.
CROP PRODUCTION
Agricultural and horticultural uses, including, but not limited
to the commercial production of grains, field crops, vegetables, fruits,
flower fields, and seed production, ornamental crops, tree and sod
farms.(Land Use Category: Agriculture).
CUL-DE-SAC
A street with only one outlet terminating in a circular turning
area.
CULTURAL SERVICES
A library, museum, or similar public or quasi-public use
displaying, preserving, and exhibiting objects of community and cultural
interest in one or more of the arts or sciences.
[Amended 3-29-2016]
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.
CUPOLA
A small structure, ornamental in nature, built on top of
a roof.
DANCE HALL
A building open to the general public for the purpose of
providing a place for dancing and where an admission is charged for
the purpose of making a profit, except when sponsored by a civic,
charitable or nonprofit group.
DATA CENTER
An establishment primarily engaged in providing infrastructure
(e.g., computer systems and associated components such as telecommunications
and storage systems) for data processing and storage, web hosting,
application hosting, streaming services, and related services. Use
includes server farms, telecom hotel, carrier hotel, telehouse co-location
center, or any other term applicable to facilities which are used
for these specified purposes. (Land Use Category: Industrial Manufacturing).
DAY-CARE CENTER
Any facility operating for the purpose of providing care,
protection, and guidance to five or more individuals during only part
of a twenty-four-hour day. This term includes nursery schools, preschools,
day-care centers for individuals, and other similar uses, but excludes
public and private educational facilities or any facility offering
care to individuals for a full twenty-four-hour period.
DAY-CARE CENTER FOR ADULTS
A facility which is either operated for profit or which desires
licensure for four or more aged, infirm or disabled adults, which
is operated during a part of the day only and which provides supplementary
care and protection of individuals who reside elsewhere, except a
facility or portion of a facility licensed by the State Board of Social
Services and the home or residence of an individual who cares for
only persons related to him by blood or marriage, and meeting applicable
licensing requirements of the commonwealth.
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.
DENSITY
The ratio of the total number of residential dwelling units
on a lot to total lot area.
DEVELOPED LAND
Any change to the land from its natural state other than
property which is primarily devoted to agricultural use.
DEVELOPER
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this article to bring about development for the individual or
another; includes the term "subdivider."
DEVELOPMENT
A tract of land developed or to be developed as a unit under
single ownership or unified control which is to be used for any business,
industrial purpose, or multiple residential dwelling units. The term
shall include, but not be limited to the following:
A.
A change in the type of use of a building, structure, or land;
B.
Disturbance of land through the removal of trees or ground cover;
C.
Division of land into two or more parcels;
D.
Dredging, filling, or grading;
E.
Construction or enlargement of a building or structure;
F.
Material increase in the intensity of use of land, including
the number of businesses, dwelling units, offices, or manufacturing
establishments;
G.
Demolition of a structure;
H.
Commencement or expansion of agricultural or horticultural or
forestall activities;
I.
Commencement or expansion of resource extraction activities
such as mining or drilling;
J.
Deposition of refuse or solid or liquid waste on land;
K.
Storage of buildings, equipment, materials or other structures;
L.
Alteration or disturbance of land, shore, bank, or channel of
any stream, lake or body of water, including the alteration of any
wetland.
DEVELOPMENT PLAN
A plan, drawn to scale, for one or more lots, parcels, or
tracts on which is shown the existing and proposed conditions of the
lot, parcel or tract.
DISTILLERY
An establishment primarily engaged in distilling and blending
of potable liquors, including mixing them with other ingredients,
with a capacity greater than 5,000 gallons of finished product per
year. A distillery may include a restaurant or tasting room as an
accessory use.
DISTILLED SPIRITS
The product made by the acetous fermentation of dilute distilled
alcohol derived from grain, sugar, syrup, molasses, or refiners' syrup.
Includes terms such as "distilled vinegar," "grain vinegar," or "spirit
vinegar," or similar words.
[Added 3-29-2016]
DISTRICT
A section of Appomattox County, Virginia, within which the
zoning regulations are uniform.
DOMESTIC USE
Normal family or household use of water, including drinking,
laundering, bathing, cooking, heating, cleaning and flushing toilets.
DOMESTIC(ATED) ANIMAL
Animal(s) of any species that are generally accepted as tamed/controlled
by humans, but does not include any animal(s) regarded as of a wild
species, which has been bred in captivity, or taken from the wild
and tamed. This term does not include Livestock or Exotic Animals.
DRIVEWAY
A road, usually private, made of a minimum of gravel, a minimum
of 10 feet in width, which provides access from a street, public or
private, to a dwelling unit or a commercial business.
DRUGSTORE OR PHARMACY
An establishment, either freestanding or part of a shopping
center, usually with drive-through service, that is engaged in the
retail sale of prescription. (Land Use Category: Retail Sales).
DWELLING
Any building or portion thereof which is designed for or
used for residential purposes.
DWELLING, MULTIFAMILY
A building designed for or occupied exclusively by three
or more families living independently of each other in three or more
dwelling units; the term includes condominiums of similar physical
appearance, character and structure.
DWELLING, TWO-FAMILY (DUPLEX)
A building designed for or occupied exclusively by two families
living independently of each other in two dwelling units.
DWELLING UNIT
One or more rooms in a residential building or in a mixed
building which are arranged, designed, used or intended for use by
one family, and which include lawful cooking space and lawful sanitary
facilities reserved for the occupants thereof.
EASEMENT
A grant by a property owner of the use of land for a specific
purpose or purposes by the general public, a corporation or a certain
person or persons.
EDUCATIONAL FACILITIES, PRIMARY/SECONDARY
A public, private, or parochial school offering instruction
at the elementary, junior, middle and/or senior high school levels
in the branches of learning and study required by the Commonwealth
of Virginia.
ELEVATED BUILDING
A non-basement building built to have the lowest floor elevated
above ground level by means of fill, solid foundation, perimeter walls,
pilings, or columns (post and piers).
ENGINEER
An engineer registered by the Commonwealth of Virginia.
EQUIPMENT SALES AND RENTAL
Establishments primarily engaged in the sale, service or
rental of tools, trucks, tractors, construction equipment, agricultural
implements, party supplies, and similar industrial equipment, and
the rental of temporary office/storage trailers. Included in this
use type are the incidental storage, maintenance, and servicing of
such equipment.
ESTABLISHMENT
Any business, enterprise, or other land use permitted by
this article.
ESTATE SALE/AUCTION
A public sale or auction to dispose of the majority of the
materials owned by a person who is deceased or will be moving. (Land
Use Category: Temporary Use).
EXISTING LIVESTOCK, DAIRY, FEED LOT, POULTRY FACILITY
A livestock, dairy or poultry operation, with accessory uses
or structures, which is occupied or has been occupied by a commercial
livestock raiser, dairy or poultry operation for a twelve-month period
of time within the five years immediately preceding the date on which
zoning approval is sought for a dwelling, including sites or structures
which are accessories to the livestock facility, dairy or poultry
facility.
EXPANSION
An increase in the floor area of an existing structure or
building, or the increase in the area of a use.
EXOTIC ANIMAL
Any animal(s) that are found in the wild, or in a wild state,
and are native to a foreign country.
FABRICATION
The act or process associated with metal manufacturing or
manipulation. (Land Use Category: Industrial Manufacturing).
FAÇADE
The front of a building.
FACILITY OWNER
The person or entity that owns all or a portion of a solar
energy facility (farm), whether or not it owns the site on which the
facility is located.
FAMILY
One or more persons living together in a single-family dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that four or more persons
living together in a single-family dwelling unit who are not related
by blood, adoption, or marriage do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family; the following criteria shall be present:
A.
The group shares the entire dwelling unit.
B.
The group lives and cooks together as a single housekeeping
unit.
C.
The group shares expenses for food, rent, utilities, or other
household expenses.
D.
The group is permanent and stable and not transient or temporary
in nature.
E.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
FAMILY DAY HOME
A single-family dwelling in which more than five but fewer
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 the total. The care of five or fewer
individuals for portions of a twenty-four-hour day shall be considered
as a home occupation.
FAMILY, IMMEDIATE
Any person who is a naturally or legally defined offspring,
spouse, parent, grandparent, grandchild, or sibling.
FAMILY SUBDIVISION
A single division of a lot or parcel for the purpose of sale
or gift to a member of the immediate family of the property owner,
with only one such division allowed per family member.
FARM
An area of land and its buildings used for growing crops
and rearing animals; making one's living by growing crops or keeping
livestock, from which $1,000 or more of agricultural products are
produced and sold, or normally would be sold, during a calendar year.
(Land Use Category: Agriculture).
FARM BREWERY, LIMITED
A brewery that manufactures no more than 15,000 barrels of
beer per calendar year, provided that the brewery is located on a
farm owned or leased by such brewery or its owner and agricultural
products, including barley, other grains, hops, or fruit used by such
brewery in the manufacture of its beer, are grown on the farm. The
on-premises sale, tasting, or consumption of beer during regular business
hours within the normal course of business of such licensed brewery,
the direct sale and shipment of beer and sale and shipment of beer
to licensed wholesalers and out-of-state purchasers in accordance
with state and federal law, the storage and warehousing of beer, and
the sale of beer-related items that are incidental to the sale of
beer are permitted.
[Added 3-29-2016]
FARM EMPLOYEE HOUSING
A dwelling located on a farm for the purpose of housing an
employee of that farm operation and his/her family. Also included
in this use type would be multifamily dwelling(s) for seasonal employees
in connection with an orchard or other agricultural use which relies
on seasonal employees who must be housed.
FARM OPERATOR
The person who runs the farm, making the day-to-day management
decisions. The operator could be an owner, hired manager, cash tenant,
share tenant, and/or a partner. If land is rented or worked on shares,
the tenant or renter is the operator.
[Added 7-6-2015]
FARM WINERY
An establishment with facilities for fermenting and bottling
where the owner or lessee of the facility manufactures wine that contains
not more than 18% alcohol by volume and is either (1) located on a
farm with a producing vineyard, orchard, or similar growing area or
(2) located in the state with a producing vineyard, orchard, or similar
growing area or that has agreements to purchase grapes or fruits from
agricultural growers within the state. Accessory uses associated with
this use include wine tasting, related food sales and related retail
areas. (Land Use Category: Winery).
FARMER’S MARKET
A public market held in a structure or open area where farmers
primarily sell produce and other farm products they have grown, gathered,
or raised directly to consumers. (Land Use Category-Retail Sales).
FEED LOT
An enclosure used for the concentrated confinement and housing
of animals or poultry; a place for feeding and fattening animals;
a coop.
FENESTRATION
The arrangement, proportions, and design of windows and doors
along the façade of a building.
FESTOONS
A string of ribbons, tinsel, flags, pennants, pinwheels,
or similar devices.
FINANCIAL INSTITUTIONS
Provision of financial institutions and banking services
to consumers or clients. Walk-in and drive-in services to consumers
are generally provided on site. Typical uses include banks, savings
and loan associations, savings banks, credit unions, lending establishments,
and automatic teller machines (ATMs).
FIRE OR EMS STATION
A facility for the provision of local rapid response emergency
services such as firefighting and mobile medical emergency services,
including areas of storage and maintenance of emergency vehicles,
and equipment and facilities for the housing and feeding of emergency
personnel while on duty. (Land Use Category: Safety Services Public
or Private).
FISH HATCHERY
A place for artificial breeding, hatching, and rearing through
the early life stages of animals—finfish and shellfish in particular,
primarily to support the aquaculture industry where they are transferred
to on-growing systems, such as fish farms, to reach harvest size.
FLEA MARKET
A market held in an open area or structure where individual
sellers offer goods for sale to the public. Such sellers may set up
temporary stalls or tables for the sale of their products, which may
be new or used.
FLOOD
A general temporary inundation of lands not normally covered
by water that are used or usable by man. Concurrent mudslides shall
be deemed to be included in this definition.
FLOOD HAZARD AREAS
The maximum area of the floodplain which is likely to be
flooded once every 100 years or for which mudslides can be reasonably
anticipated.
FLOODPLAIN
Any land area susceptible to being inundated by water from
any source.
FLOODPROOFING
A combination of structural provisions, changes or adjustments
to properties and structures subject to flooding required for new
construction in the floodway by the County Building Code.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land area that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
a designated height.
FLOOR AREA (GROSS FLOOR AREA)
The sum of the gross horizontal areas of each coverned floor
of a building, measured from the outside faces of exterior walls or
from the centerline of party walls separating two buildings, but not
including areas devoted to vehicle parking, uninhabitable basements,
attics, or service/mechanical equipment rooms. Also not included in
this calculation are areas open to the sky or unenclosed on two or
more sides (e.g. balconies, open porches, breezeways, patios, etc.).
FLOOR AREA RATIO
The ratio of gross floor area of al buildings on the lot
to the total lot area.
FOOT CANDLE
A quantitative unit of measure referring to the measurement
of illumination incident to a single point. One foot-candle is equal
to one lumen uniformly distributed over an area of one square foot.
FORESTRY AND LOGGING
A use of land whereby forests are tended, harvested, and
reforested either by natural or artificial reforestation, or both
and where timber is cut and sorted on-site for commercial purposes.
(Land Use Category: Temporary Use).
FORESTRY OPERATIONS
The use of land for the raising and harvesting of timber,
pulp woods, and other forestry products for commercial purposes, including
temporary operation of a sawmill and/or chipper to process timber
cut from that parcel or contiguous parcels. Excluded from this definition
shall be the cutting of timber associated with land development approved
by the County, which shall be considered an accessory to the development
of the property.
FUNERAL HOME
An establishment that provides human funeral services, including
embalming and memorial services. Crematories are an accessory use
to a funeral home.
FUNERAL SERVICES
Establishments engaged in undertaking services such as preparing
the dead for burial and arranging and managing funerals. Typical uses
include funeral homes, mortuaries, or crematories.
GARAGE OR YARD SALE
The temporary and occasional use of the garage and/or yard
of a residential dwelling for the casual sale of miscellaneous items
of personal property to the general public. (Land Use Category: Temporary
Use).
GARAGE, PRIVATE
An accessory structure or a portion of the main building
designed for the storage of automobiles owned and used by the occupants
of the main building.
GARAGE, PUBLIC
A building or portion thereof, other than a private garage,
designed or used for storing motor-driven vehicles.
GARDEN CENTER
Establishments or places of business primarily engaged in
retail or wholesale (bulk) sale, from the premises, of trees, shrubs,
seeds, fertilizers, pesticides, plants and plant materials primarily
for agricultural, residential, and commercial consumers. Such establishments
typically sell products purchased from others but may sell some material
which they grow.
GARDENING
Any use of land, unenclosed except for fencing, for the raising
of grass, flowers, vegetables, crops, trees or other botanical objects
of natural growth, but not including accessory structures used for
the same purpose.
GAS STATION
A retail establishment at which motor vehicles are refueled,
serviced, and sometimes repaired; also known as a "filling station."
Also see "convenience store."
GLARE
The effect produced by brightness sufficient to cause annoyance,
discomfort, or loss in visual performance and visibility.
GOLF COURSES
Any golf course, publicly or privately owned, on which the
game golf is played, including accessory uses and buildings customary
thereto, but excluding golf driving ranges.
GOLF DRIVING RANGE
A limited area on which golf players do not walk but onto
which they drive golf balls from a central driving tee, such area
to include the driving tee and other incidental activities pertaining
to this activity.
GOVERNING BODY
The Appomattox County Board of Supervisors or its designated
agent or representative.
GREENHOUSE
A structure for the raising of plants or flowers indoors
for private or retail purposes.
GROCERY STORE
An establishment engaged in retail and/or wholesale sale
of food, foodstuffs, sundries, or other common household items to
members of the public. (Land Use Category: Retail Sales).
GROUP HOME
A residential facility in which no more than eight mentally
ill, mentally disabled or developmentally disabled persons reside,
with one or more resident counselors or other staff persons.
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 accommodation, rehabilitation,
counseling, and supervision to persons suffering from alcohol or drug
addiction, to persons reentering society after being released from
a correctional facility or other institution, or to persons suffering
from similar disorders.
HAZARDOUS WASTE
Solid or liquid waste which, because of concentration, quantity,
or physical, chemical or infectious characteristics, may cause or
significantly contribute to an increase in mortality or an increase
in serious, irreversible or incapacitating illness; may pose a substantial
present or potential hazard to human health or the environment when
improperly treated, stored, transported, disposed of, or otherwise
managed; or is identified by the United States Environmental Protection
Agency as hazardous.
HEALTH DEPARTMENT
The Appomattox County Health Department or its designated
agent or representative.
HEDGE
A fence or a boundary formed by a dense row of shrubs or
low trees.
HEIGHT
For the purpose of determining the height limits in all zones
as set forth in this article and shown on the Zoning Map, the datum
shall be mean sea level (MSL) elevation unless otherwise specified.
HEIGHT, SYSTEM
The height of a wind turbine measured from the existing lowest
grade to the tip of the rotor blade at its highest point, or blade-tip
height.
HELICOPTER LANDING FACILITY
An identifiable area of land or water, or elevated on a structure,
that is licensed or approved for the landing and takeoff of helicopters
or other rotorcraft, and which may include ancillary facilities such
as parking, waiting rooms, fueling station or maintenance equipment.(Land
Use Category: Aviation Facility, Pubic/Private).
HIGHWAY, PRIMARY
All state highways in the State Highway System so designated
by the Commonwealth Transportation Board under requirements of § 33.1-25
of the Code of Virginia (1950), as amended.
HIGHWAY, SECONDARY
All roads in the Commonwealth of Virginia not currently in
the primary system of state highways as provided for in § 33.1-67
of the Code of Virginia (1950), as amended.
HISTORIC LANDMARK
Any landmark listed on the Virginia Landmarks Register by
the Historic Resources Board according to the procedures set out in
the Code of Virginia.
HISTORIC STRUCTURE
Any structure that is listed on the National Register of
Historic Places, or listed on the Virginia Landmarks Register, or
listed on an inventory of historic places developed by the county.
Such buildings or structures have contributed to the historic significance
of the community, state or nation.
HOME BEAUTY/BARBER SALON
Incidental use of a single-family dwelling for hairstyling
or barbering, established and conducted in accordance with the use
and design standards found herein.
HOME FOR ADULTS
Any place, establishment or institution, public or private,
including any day-care center for adults, operated or maintained for
the maintenance or care of four or more adults who are aged, infirm
or disabled, except a facility or portion of a facility licensed by
the State Board of Health or the State Hospital Board, but including
any portion of such facility not so licensed, and the home or residence
of an individual who cares for or maintains only persons related to
him by blood or marriage, and meeting applicable licensing requirements
of § 63.2-1701, Code of Virginia 1950, as amended.
HOME FOR THE AGED
A building or place in which the establishment is providing
housing, board, lodging and maintenance for four or more aged persons
who are not infirmed, chronically ill or incapacitated, with such
establishment having separate sleeping quarters and common areas for
dining, recreation and other similar facilities.
HOME GARDEN
Use of land on a residential lot for the outdoor cultivation
of vegetables, fruits, flowers, or other small plants as accessory
to the principal residential use, for consumption by the occupants
of the use. (Land Use Category: Temporary Use).
HOME OCCUPATION
An accessory use of a dwelling unit, located either in the
main building or an accessory building, for financial gain or support,
involving the manufacture, provision or sale of goods and/or services
which is clearly incidental to or secondary to the residential use
of a dwelling unit.
A.
TYPE I
A home occupation of an intensity suitable for the more-densely
established residential areas typically found in or near the suburban
areas of the County as designated by the Comprehensive Plan.
B.
TYPE II
A home occupation of an intensity suitable for the more agricultural
and rural areas of the County as designated by the Comprehensive Plan.
HOMELESS SHELTER
A facility with support and supervisory personnel that provides
temporary living accommodations for homeless persons.
HOMEOWNERS ASSOCIATION
A non-profit organization operating under recorded land agreements
through which each landowner is automatically a member and each lot
is automatically subject to the covenants or rules, and may be charged
a proportionate share of the expenses for the organizations activities.
HORSE BOARD AND EQUESTRIAN TRAINING
An establishment where horses are boarded and cared for,
where instruction in riding, jumping, and showing is offered, and
where horses may be hired for riding. Use may include a livery stable
and riding academies. (Land Use Category: Stable, Commercial)
HOSPITAL
Includes sanatorium, preventorium, clinic or rest home, and
is deemed to mean a place for the treatment of human disorder and
ailments; or an institution providing health services for inpatient
medical or surgical care, care of sick or injured and related laboratories,
offices and outpatient facilities and services.
HOTEL/MOTEL/MOTOR LODGE
A building or group of attached or detached buildings containing
dwelling or lodging units, in which 50% or more of the units are intended
primarily for rental or lease to transient persons by the day, week,
or month. Such uses shall include a lobby, clerk's desk or counter
and facilities for registration and keeping of records relating to
guests. In addition, such uses should contain or provide one or more
of the following: ice/vending/snack machines, gift or other personal-service-type
shops, fitness/workout facility, outdoor recreation amenities, meeting/conference
rooms, maid/cleaning facilities, restaurant/lounge and laundry facilities.
HOUSEHOLD PET
Domesticated animals that are kept for personal use or enjoyment,
either inside or outside of a home in conjunction with a residential
dwelling land use. Household pet shall include, but not be limited
to dogs, cats, birds, and/or rodent, or similar animals, as determined
by the Zoning Administrator. Exotic animals, meaning any animal(s)
that are found in the wild, or in a wild state, and/or are native
to a foreign country, shall not be considered a household pet. Livestock
shall not be considered a household pet.
INDUSTRIAL/COMMERCIAL PARK DEVELOPMENT
A form of development characterized by a unified site design
for a variety of commercial and industrial uses, open space buffers,
and a mix of building types in which flexibility is given to project
planning by allowing for the specific land uses to be determined as
the market/need arises.
INDUSTRIAL MANUFACTURING
Enterprises in which goods are generally mass produced from
raw materials on a large scale through use of an assembly line or
similar process, usually for sale to wholesalers or other industrial
or manufacturing uses. Use may include processing, manufacturing,
compounding, assembling, packaging, treatment or fabrication of materials
and products, bottling, printing plants, pharmaceuticals, cosmetics,
solvents and/or other chemicals, and the production of items made
of stone, metal or concrete.
INFILL DEVELOPMENT
The development of vacant or partially developed parcels
that are surrounded by or in close proximity to areas that are substantially
or fully developed.
INFIRMED
Feeble from age and physically or mentally unable to care
for oneself.
INTENSIVE DAIRY FACILITY
Any enclosure, pen, feedlot or accessory structure(s) that
includes the raising or production of at least 300 dairy cattle. It
includes any buildings, structures, excavations, or enclosed areas
directly involved therein, including land used for feed lot purposes,
and any animal waste storage structures, excavations or areas directly
connected to or associated with such operations. Open pasture land,
not used for active grazing, is expressly excluded.
[Added 7-6-2015]
INTENSIVE FARMING FACILITY
A specialized farming facility that includes the raising
or production of a large number of animals usually in a confined indoor
facility, which includes beef cattle, dairy cattle, horses, poultry
(chickens or turkeys), and/or pigs.
[Amended 7-6-2015]
INTENSIVE LIVESTOCK FACILITY
Any enclosure, pen, feedlot or accessory structure(s) that
includes the raising or production of at least 300 beef cattle, 3,000
sheep, or 150 horses. It includes any buildings, structures, excavations,
or enclosed areas directly involved therein, including land used for
feedlot purposes, and any animal waste storage structures, excavations
or areas directly connected to or associated with such operations.
Open pasture land, not used for active grazing, is expressly excluded.
[Amended 7-6-2015]
INTENSIVE POULTRY FACILITY
Any enclosure, pen, feedlot or accessory structure(s) that
includes the raising or production of at least 30,000 chickens or
16,500 turkeys. It includes any buildings, structures, excavations,
or enclosed areas directly involved therein, including land used for
feedlot purposes, and any animal waste storage structures, excavations
or areas directly connected to or associated with such operations.
Open pasture land, not used for active grazing, is expressly excluded.
[Added 7-6-2015]
INTENSIVE SWINE FACILITY
Any enclosure, pen, feedlot or accessory structure(s) that
includes the raising or production of at least 750 pigs. It includes
any buildings, structures, excavations, or enclosed areas directly
involved therein, including land used for feedlot purposes, and any
animal waste storage structures, excavations or areas directly connected
to or associated with such operations. Open pasture land, not used
for active grazing, is expressly excluded.
[Added 7-6-2015]
INTERPRETATION
An explanation of the meaning of the text, uses, or other
provisions of this article, or the boundaries of the Official Zoning
Map or of the conditions of approval imposed on a permit or development
approval.
JUNK
Old or scrap copper, brass, rope, rags, batteries, paper,
trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles
or parts thereof, iron, steel and other old or scrap ferrous or nonferrous
material.
JUNKYARD
An establishment or place of business which is maintained,
operated or used for storing, keeping, buying or selling junk or for
the maintenance or operation of an automobile graveyard. (Land Use
Category: Scrap & Salvage Services).
KENNEL, COMMERCIAL
The boarding, breeding, raising, grooming, or training of
three or more dogs, cats or other household pets of any age not owned
by the owner or occupant of the property and for which commercial
gain is the primary objective.
KENNEL, PRIVATE
The keeping, breeding, raising, showing or training of three
or more dogs over six months of age for personal enjoyment of the
owner or occupants of the property, and for which commercial gain
is not the primary objective.
LABORATORIES
Establishments primarily engaged in performing research or
testing activities into technological matters. Typical uses include
engineering and environmental laboratories, medical, optical, dental,
and forensic laboratories, x-ray services, and pharmaceutical laboratories
only involved in research and development. Excluded are any laboratories
which mass-produce one or more products directly for the consumer
market.
LAND
The earth, water, and air, above, below, or on the surface
and includes any improvements or structures attached hereto.
LAND-DISTURBING ACTIVITY
Any man-made change of the land surface, including removing
vegetative cover, excavating, filling and grading, and the construction
of any structure-but not including minor modifications to landscaping
or agricultural activities such as planting, cultivating, and harvesting
crops or trees, or growing or tending of gardens. The term shall not
include those exemptions specified in the Code of Virginia § 62.1-44.15:34.
(Land Use Category: Temporary Use).
LANDFILL, CONSTRUCTION DEBRIS
The use of land for legal disposal of construction and demolition
wastes consisting of lumber, wire, sheetrock, broken brick, shingles,
glass, pipes, concrete, metals, and plastics associated with construction
and wastes from land-clearing operations consisting of stumps, wood,
brush, and leaves.
LANDFILL, RUBBLE
The use of land for the legal disposal of only inert waste.
Inert waste is physically, chemically, and biologically stable from
further degradation and considered to be nonreactive, and includes
rubble, concrete, broken bricks, and block.
LANDFILL, SANITARY
An engineered land burial facility for the legal disposal
of municipal solid waste derived from households, business and institutional
establishments, including garbage, trash, and rubbish, and from industrial
establishments, other than hazardous wastes as described by the Virginia
Hazardous Waste Regulations. Its purpose is to contain and isolate
the solid waste so that it does not pose a substantial present or
potential hazard to human health or the environment.
LANDOWNER
Any owner of a legal or equitable interest in real property,
including heirs, devisees, successors, assigns, and agent or personal
representative of the owner.
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.
LANDSCAPING AND LAWN CARE SERVICES
Establishments or places of business engaged in the provision
of routine lawn maintenance, including mowing, landscaping, and planting.
Retail sale of equipment, plantings, or mulch is not considered to
be in this category; see "garden center."
LAUNDRY
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 services
integral to the personal and therapeutic care of the residents.
LIVESTOCK
Includes all domestic or domesticated: bovine animals, including
but not limited to cattle; equine animals, including but not limited
to horses; ovine animals, including but not limited to sheep; and
porcine animals, including but not limited to hogs.
LIVESTOCK, DAIRY, FEED LOT, OR POULTRY STRUCTURE
Any building, structure, installation, storage container,
or storage site used in the operations of an intensive livestock,
dairy, or poultry facility, including, but not limited to, feed storage
bins, incinerators, manure storage sites, poultry houses, poultry
disposal pits, and dead poultry cold storage chests.
LIVESTOCK PRODUCT
Any carcass, part thereof, meat, or meat food product of
any livestock.
LIVESTOCK SALES & AUCTION
An enclosure or structure designed or used for holding livestock
for the purposes of sale or transfer by auction, consignment, or other
means. Also known as a "Livestock Market."
LOADING SPACE, OFF-STREET
Space for bulk pickups and deliveries, scaled to delivery
vehicles expected to be used and accessible to such vehicles when
required off-street parking spaces are filled.
LOGO
Any display of emblems, lines or colors, or any combination
thereof used as a symbol of an organization or business.
LOT
A measured portion or parcel of land separated from other
portions or parcels by description in a site plan or a recorded plat
or by metes and bounds, intended to be a unit for the purpose, whether
immediate or future, or transfer of ownership or of development or
separate use. The term applies to units of land, whether in a subdivision
or a development.
LOT AREA
The total horizontal land area within the lot lines of a
lot, excluding any area within existing or proposed public street
rights-of-way.
LOT, CORNER
A lot located at the intersection of two or more streets.
A lot abutting on a curved street or streets shall be considered a
"corner lot" if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
LOT COVERAGE
The ratio of the horizontally projected area of the main
and accessory buildings on a lot to the lot, except where otherwise
defined herein.
LOT FRONTAGE WIDTH
The distance between side property lot lines measured at
the front lot line.
LOT, INTERIOR
A lot other than a corner lot, with only one frontage on
a street.
LOT LINE ADJUSTMENT
An adjustment or reconfiguration of lot lines to an existing
lot. Also known as a Boundary Line Adjustment.
LOT LINE, FRONT
The lot line separating the lot from an abutting street right-of-way
or private road easement.
LOT LINE, REAR
The lot line along the edge of a property opposite its front
lot line.
LOT LINE, SIDE
A lot line not abutting a street and connecting the lot’s
front and rear lot lines.
LOT OF RECORD
A lot, which may or may not be part of a subdivision, that
a plat of said lot has been recorded in the office of the Clerk of
Circuit Court, or a lot described by metes and bounds, the description
of which has been so recorded.
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."
LOT, THROUGH
A lot, other than a corner lot, with frontage on more than
one street. Through lots abutting two streets may be referred to as
"double-frontage lots."
LOT WIDTH
The distance between side lot lines measured at the required
minimum building setback line in that district. In the case of lots
on a curve in the street, the lot width measured along the minimum
setback line shall not be less than 80% of the required lot width
in the district. In the case of lots on the turning circle of a cul-de-sac,
the width measured along the minimum setback line shall not be less
than 60% of the required lot width in the district.
LUMEN
A standard unit of measurement referring to the amount of
light energy emitted by a light source without regard to the effectiveness
of its distribution.
MAJOR RECREATIONAL EQUIPMENT
A boat, boat trailer, pick-up truck camper, motor coach,
motorized dwelling, tent trailer, or similar recreational vehicle
or equipment, as well as, cases or boxes used for transporting recreational
equipment, whether or not occupied by such equipment.(Land Use Category:
Accessory Use/Recreational Vehicle).
MANUFACTURE and/or MANUFACTURING
The processing and/or converting of raw, unfinished materials
or products, or either of them, into articles or substances of different
character or for use for a different purpose.
MANUFACTURED HOME
A structure subject to federal regulation, transportable
in one or more sections, which is built on a permanent chassis and
is designed for use with or without a permanent foundation when connected
to required utilities. Also see "Mobile Home."
MANUFACTURED HOME, ACCESSORY
A manufactured home that is subordinate to a single-family
dwelling or a manufactured home on a single lot and is used for storage.
The structure must be altered to a point of being uninhabitable as
determined by the Building Official.
MANUFACTURED HOMES SALES
Establishments primarily engaged in the display, retail sale,
rental, and minor repair of new and/or used manufactured homes, parks,
and equipment.
MANURE STORAGE SITE
Any storage sites where manure is kept for more than 60 days
within a twelve-month period. The manure storage site must be within
the contiguous acreage of an intensive farming operation.
MASSAGE CLINIC
Any establishment other than a regularly licensed hospital
where nonmedical and nonsurgical manipulative exercises are practiced
on the human body for reasons other than cosmetic or beautifying purposes
by anyone that is not a physician or surgeon or has a similarly registered
professional status.
MEAT PACKING PLANT
The processing of meat products and by-products, primarily
for commercial purposes, directly from live animals or offal from
dead animals. (Land Use Category: Industrial Manufacturing).
MEDICAL OR DENTAL CLINIC
A small-scale facility where patients are admitted for examination
and treatment by one or more physicians, dentists, or other health
practitioners on a short-term basis. Examples include, but not limited
to, the offices of physicians, dentists, chiropractors, optometrists,
podiatrists, audiologists, speech pathologists, physical therapists,
acupuncturists, psychologists, and other health practitioners. It
also includes facilities providing short-term outpatient care and
treatment (which may or may not be overnight), such as urgent care
centers, kidney dialysis centers, ambulatory surgical clinics, outpatient
pain therapy clinics, biofeedback centers, sleep disorder clinics,
family planning clinics, community health clinics, and health maintenance
organization (HMO) medical clinics. Such facilities that provide overnight
care and treatment may include sleeping rooms for care workers and
members of patients' families. This use does not include hospitals
(which are much larger in scale) or blood/tissue collection centers,
drug or alcohol treatment facilities, or massage clinics (which provide
specialized medical services).
MICROBREWERY
A brewery which is housed within and operated in conjunction
with a restaurant, and which manufactures no more than 15,000 barrels
of beer per calendar year. A microbrewery is an accessory use to a
restaurant.
[Added 3-29-2016]
MINI-WAREHOUSE
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.
MOBILE HOME
A structure, transportable in one section, which, in the
traveling mode, is eight body feet or more in width or 40 body feet
or more in length or, when erected on site, is 320 or more square
feet and which is built on a permanent chassis and designed to be
used as a single-family dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing,
heating, air-conditioning and electrical systems contained therein,
and classified under §§ 58.1-3503 and 58.1-3521, Code
of Virginia 1950, as amended, for taxation purposes. An industrialized
building unit, as defined under § 36-71.1, Code of Virginia
1950, as amended, is not a mobile home.
MOBILE HOME, DOUBLE-WIDE
A mobile home built in two sections on a permanent or removable
chassis and which, when erected on site, has its tongue, wheels and
axles removed; is affixed to a permanent perimeter foundation or skirt;
is attached to water and sewer as required by the Virginia Department
of Health; and must meet all other requirements of a single-family
dwelling.
MOBILE HOME LOT
A parcel of land within boundaries of a mobile home park
provided for the placement of a single or double-wide mobile home
and the exclusive use of its occupants.
MOBILE HOME PARK
A parcel of land under single common ownership or which is
operated as a business engaged in providing a place for manufactured
homes, upon which three or more mobile homes are located on a continual,
non-transient living or sleeping purposes, non-recreational, basis
together with any structure, equipment, road or other facility intended
for use incidental to the occupancy of the mobile homes, but shall
not include premises used solely for storage or display of uninhabited
mobile homes or premises occupied solely by a land owner and members
of his/her family.
MODEL SALES HOME
A dwelling, dwelling unit, or other marketable unit of a
new development that is used for real estate sales or leasing activities
associated with the development pending construction of the development
and the initial sales of homes or units in the development. (Land
Use Category: Retail Sales).
MODULAR HOME
A dwelling unit constructed on site in accordance with the
Virginia Uniform Statewide Building Code and composed of components
substantially assembled in a manufacturing plant and transported to
the building site for final assembly on a permanent foundation. See
also "dwelling, single-family."
MOTION PICTURE THEATER
A building or part of a building devoted to showing motion
pictures. Use may include an open lot or part of an open lot with
auxiliary facilities primarily for showing motion pictures on a paid
admission basis to patrons. (Land Use Category: Commercial Indoor
Entertainment).
MOTORSPORTS PARK
A facility, primarily outdoors and open to the public, for
a fee, designed for motor vehicle sporting activities. This includes
automobiles, trucks, go-carts, motorcycles, tractors, dirt bikes,
all-terrain vehicles (ATV) and similar vehicle types. (Land Use Category:
Commercial Outdoor Entertainment).
MUSEUM
A building serving as a repository for a collection of natural,
scientific, historical, or literary curiosities or works of art, and
arranged, intended and designed to be used by members of the public
for viewing, with or without and admission charge, and may include
as an accessory use in the limited retail sale of goods, services,
or products to the public. (Land Use Category: Cultural Services).
NATURAL DISASTER
Any event in which damage to a use or structure is caused
by flooding, wind, hail, lightning strike, tornado damage, explosion,
falling trees, or falling tree limbs.
NATURAL RESOURCE
Includes soil, sand, gravel, stone or other mineral (other
than oil and gas) naturally formed on or beneath the surface of the
earth.
NATURAL WATERCOURSE
Any natural stream, river, creek, waterway, gully, or wash
in which water flows in a definite direction or course, either continuously
or intermittently, and which has a definite channel, bed, and banks.
NIGHTCLUB
A place of entertainment offering alcoholic beverages for
consumption on the premises that may also provide on-site entertainment
in the form of live performances, dancing, billiards, comedic performances,
or other entertainment activities. This use does not include Adult
Entertainment uses. (Land Use Category: Dance Hall).
NONCONFORMING LOT
An otherwise legally platted lot that does not conform to
the minimum area or width requirements of this article for the district
in which it is located either at the effective date of this article
or as a result of subsequent amendments to the article.
NONCONFORMING STRUCTURE
An otherwise legal building or structure that does not conform
with the lot area, yard, height, lot coverage or other area regulations
of this article or that is designed or intended for a use that does
not conform to the use regulations of this article for the district
in which it is located either at the effective date of this article
or as a result of subsequent amendments of the article.
NONCONFORMING USE
The otherwise legal use of a building or of a tract of land
that does not conform to the use regulations of this article for the
district in which it is located either at the effective date of this
article or as a result of subsequent amendments to this article.
NONCONFORMITY
A nonconforming use, structure, lot of record, sign, or site
feature.
NONPUBLIC WATER SYSTEM
A water system which, as a general rule, does not provide
water to the public for drinking or does not meet the requirements
for a public water system; or a well used for obtaining water for
drinking or domestic use located on an individual lot for the purpose
of serving the main dwelling on said lot, with any new well to be
at least a Class III-A drilled well as approved by the Health Department.
NONRURAL USE
The use of land, buildings, or structures for other than
a rural use.
NOT-FOR-PROFIT
An organization or activity which has obtained nontaxable
status from the United States Internal Revenue Service.
NURSING HOME
A place devoted primarily to the maintenance and operation
of facilities for the treatment and care of any person suffering from
illness, diseases, deformities or injuries not requiring extensive
and/or intensive care that is normally provided in a general hospital
or other specialized hospital, and includes rest homes and convalescent
homes.
NUTRIENT MANAGEMENT PLAN
A plan reviewed and approved by the Robert E. Lee Soil and
Water Conservation District, the Virginia Cooperative Extension Service
or other appropriate agency that provides for the use and/or disposal
of livestock or poultry nutrients from the operation.
OFFICE, GENERAL
Use of a site for business, professional, or administrative
offices, excluding medical offices. Typical uses include real estate,
insurance, management, travel or other business offices; organization
and association offices; or law, architectural, engineering, accounting,
or other professional offices.
OFFICE, MEDICAL
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.
OFFICE PARK
A development that contains more than one separate office
building, along with supporting uses, and/or open space, all of which
are designed, planned, constructed and managed on an integrated and
coordinated basis.(Land Use Category: General Office)
ON-SITE SEWERAGE SYSTEM (SEPTIC TANK SYSTEM)
A sewerage system designed not to result in a point-source
discharge, including individual septic tanks used by the main dwelling
on an individual lot, and approved by the Health Department.
OPEN AREA
The portion of a lot not used for buildings, structures,
parking, loading, or streets, which may be set aside for landscaping
and/or recreation.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, or reserved for public or private use or
enjoyment, or for the use and enjoyment of owners and occupants of
land adjoining or neighboring such open space; a yard area which is
not used for or occupied by a driveway, off-street parking, loading
space, or refuse storage space. Open space may include recreation
centers, swimming pools, tennis and basketball courts, and similar
outdoor recreational facilities.
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. Open
space may include recreation centers, swimming pools, tennis and basketball
courts, and similar outdoor recreational facilities.
OPERATOR
The person or entity responsible for the overall operation
and management of a solar energy facility (farm), if different from
the facility owner.
ORDINARY MAINTENANCE AND REPAIRS
Work performed on a building or structure to correct any
deterioration or decay of, or damage to, the building or structure,
or any part thereof, and restore the building or structure as nearly
as practical to its condition prior to deterioration, decay or damage.
OUTDOOR DISPLAY AND SALE OF MERCHANDISE
The placement of products or materials for sale outside the
entrance of a retail or wholesale establishment. Use is permitted
as an accessory or ancillary use to the primary retail or wholesale
sales use.
OUTDOOR GATHERINGS
Any temporary organized gathering expected to attract 500
or more people at one time in open spaces outside of an enclosed structure.
Included in this use type would be music festivals, church revivals,
carnivals and fairs, and similar transient amusement and recreational
activities not otherwise listed in this article. Such activities held
in public parks or on public school property shall not be included
within this use type.
OUTDOOR SEASONAL SALES
A temporary outdoor business enterprise that is conducted
primarily outside and offers items for retail sale during a relatively
short peak season. Examples include Christmas trees, pumpkins, produce,
flowers, and fireworks. (Land Use Category: Temporary Use).
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.
OWNER
Any person, agent, firm or corporation having a legal or
equitable interest in the property.
PARCEL OF LAND
Any quantity of land capable of being described with such
definiteness that its location and boundaries may be established which
is designated by its owner or developer as land to be used or developed
as a unit or which has been used or developed as a unit.
PARENT TRACT
Any lot or parcel of land which was lawfully recorded by
plat of subdivision and/or deed(s) in the office of the Clerk of the
Court of Appomattox County prior to August 22, 1988.
PARK OR GREENWAY
Land used for recreation, exercise, sports, education, rehabilitation,
or similar activities or land intended for the enjoyment of natural
features or natural beauty. A greenway is typically a linear park
that links various parts of the community with bicycle and pedestrian
facilities or paths.
PARKING FACILITY, SURFACE/STRUCTURE
Use of a site for surface parking or a parking structure
unrelated to a specific use which provides one or more parking spaces,
together with driveways, aisles, turning and maneuvering areas, incorporated
landscaped areas and similar features, meeting the requirements established
by this article. This use type shall not include parking facilities
accessory to a permitted principal use.
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.
PERMIT
A document issued by the Appomattox County Department of
Community Development and/or Office of Building Inspections allowing
a person to begin an activity provided for in this article.
PERMITTED USE
A use of the land which is allowed by right in the zoning
district in which the land is situated.
PERSON
Any individual, corporation, government agency, business
trust, partnership, two or more persons having joint interest, or
any other legal entity.
PERSONAL IMPROVEMENT SERVICES
Establishments primarily engaged in the provision of informational,
instructional, personal improvement, and similar services. Typical
uses include driving schools, health or physical fitness studios,
reducing salons, dance studios, and 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.
PLACE OF WORSHIP
A building or structure, together with its accessory buildings
and uses, where people regularly assemble to conduct religious worship,
ceremonies, rituals, and education. Examples include chapels, churches,
mosques, shrines, synagogues, tabernacles, temples, and other similar
religious places of assembly. (Land Use Category: Religious Assembly).
PLANNED UNIT DEVELOPMENT
A form of development characterized by unified site design
for a variety of housing types and densities, clustering of buildings,
common open space, and a mix of building types and land uses in which
project planning and density calculation are performed for the entire
development rather than on an individual lot basis.
PLAT
The schematic representative of land divided or to be divided.
POLLUTANT or POLLUTION
Any material that causes the alteration of the physical,
chemical or biological properties of any state waters, public or private
water supplies, land or air in a manner that:
A.
Is harmful or detrimental or injurious to the public health,
safety or welfare, or the health of animals, fish or aquatic life;
or
B.
Renders a water supply unsuitable with reasonable treatment
for use as present or possible future sources of public water supply
or unsuitable for recreational, commercial, industrial, agricultural,
or other reasonable uses.
PORCH
A roofed open area, which may be glazed or screened, usually
attached to or part of, and with direct access to or from, a building.
POST OFFICE
Postal services directly available to the consumer operated
by the United States Postal Service.
POULTRY
Includes all domestic or domesticated poultry animals, including,
but not limited to, hens, broilers, and turkeys.
PRESCRIPTIVE EASEMENT
An easement granted by the Virginia Department of Transportation
for the construction and maintenance of public roads owned by said
Department.
PRESIDING OFFICER
A person appointed by the commission or board to preside
at public meetings or hearings.
PRINCIPAL USE
The main use of land or structures, as distinguished from
a secondary or accessory use.
PRINTING OR OTHER SIMILAR REPRODUCTION FACILITY
A commercial establishment primarily engaged in lithographic
(offset), gravure, flexographic, screen, quick, digital, or other
method of printing or reproduction of stock materials on a job order
basis.
PROFESSIONAL OFFICE
An office for the conduct of a professional use by persons
generally engaged in rendering personal, executive, sales or administrative
services or activities, including law, medicine, theology, architecture,
accounting, engineering, insurance, real estate, stockbrokers and
administrative agencies considered professional in character. The
term, however, does not include repair or sales of tangible personal
property stored or located within the structure nor any use which
would create any loud noises or noxious odors.
PROFFER
An offer or proposal which the property owner, or his agents,
commits himself to as additional requirements or restrictions on his
property.
PUBLIC ASSEMBLY/USE
Facilities owned and operated by a public or quasi-public
agency accommodating public assembly for sports, amusement, or entertainment
purposes. Typical uses include auditoriums, sports stadiums, convention
facilities, fairgrounds, and incidental sales and exhibition facilities.
PUBLIC BUILDING
A building owned or leased and occupied and used by an agency
or political subdivision of the United States of America, the Commonwealth
of Virginia or Appomattox County.
PUBLIC MAINTENANCE AND SERVICE FACILITIES
A 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 SEWERAGE SYSTEM
A sewerage system owned and operated by the governing body
or any sewerage system resulting in a point-source discharge and approved
by the Health Department.
PUBLIC UTILITIES
Public service structures, such as power plant substations;
waterlines and treatment plants or pumping stations; sewage disposal
systems and treatment plants; or such similar operation, publicly
or privately owned, furnishing electricity, gas, rail transport, communication
or related services to the general public.
PUBLIC WATER SYSTEM
A water system owned and operated by the governing body;
or any water system for drinking or domestic use, approved by the
Health Department, that generally has at least 15 connections or provides
water to an average of 25 individuals for at least 60 days out of
the year.
QUARRYING OR SOIL EXTRACTION
An area used for the purpose of removing or extracting stone,
rock, soil, or similar materials from an open excavation for financial
gain and to be used for building or construction purposes. (Land Use
Category: Resource Extraction).
RAILROAD FACILITIES
Railroad yards, equipment servicing facilities, and terminal
facilities associated with the operation of a railroad system.
RAMADA
A structure erected over a mobile home for the purpose of
providing shade or shelter.
RECREATIONAL SALES AND SERVICE
Retail sales of recreational vehicles and boats, including
service and storage of vehicles and parts and related accessories.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis, 400 square
feet or less when measured at the largest horizontal projection, designed
to be self-propelled or permanently towable by a light-duty truck
and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational camping, travel or seasonal
use. The term "recreational vehicle" does not include mobile homes.
RECREATIONAL VEHICLE PARKS
Facilities for recreational vehicles, pickup coaches, motor
homes, camping trailers, other vehicular accommodations and tents
suitable for temporary habitation and used for travel, vacation and
recreation purposes.
RECYCLING CENTER
A receptacle or facility used for the collection and storage
of recyclable materials designed and labeled for citizens to take
voluntarily source separated materials for recycling.
RELIGIOUS ASSEMBLY
A use located in a permanent building and providing regular,
organized religious worship and related incidental activities. It
includes churches, synagogues, mosques, and ancillary uses such as
worship centers, fellowship halls and pavilions/playgrounds associated
with the primary use.
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.
REPAIR
The restoration to a good or sound condition of materials,
systems and or components of a structure that are worn, deteriorated,
or broken using materials or components identical to or similar to
existing materials or components.
RESIDENT ENGINEER
The Resident Engineer for Appomattox County, Virginia, employed
by the Virginia Department of Transportation, or his designated agent.
RESIDENTIAL USE
A building or part of a building containing dwelling units
or rooming units, including single-family houses, multiple-family
dwellings, mobile homes, boarding or rooming houses, dormitories,
fraternity or sorority houses or apartment hotels, but not including
monasteries, convents, transient accommodations, such as hotels, motels,
tourist cabins or recreational vehicle parks, or that part of a mixed
building used for any nonresidential use, except accessory to residential
uses.
RESOURCE EXTRACTION
A use involving on-site extraction of surface or subsurface
mineral products or natural resources. Typical uses are quarries,
borrow pits, sand and gravel operation, mining, and soil mining. Specifically
excluded from this use type shall be grading and removal of dirt associated
with an approved site development plan or subdivision, or excavations
associated with, and for the improvement of, a bona fide agricultural
use.
RESTAURANT
Any building in which, for compensation, food or beverage
is dispensed to persons not residing on the premises, including, among
other establishments, cafes, delicatessens, refreshment stands or
drive-in facilities.
RESUBDIVISION
A professionally prepared drawing of the creation of new
lots or parcels from existing lots or parcels on a subdivision plat
recorded in the office of the Clerk of the Circuit Court.
RETAIL SALES
Sale or rental, with incidental service, of commonly used
goods and merchandise for personal or household use, but excludes
those classified more specifically by definition.
RETAIL STORES AND SHOPS
Buildings for the display and sale of merchandise at retail
or for the rendering of professional services (but specifically exclusive
of coal, wood and lumber yards), such as the following, which will
serve as illustration only and are not to be considered exclusive:
drugstore, newsstand, food store, candy shop, milk, dispensary, dry
goods and notions store, antique store and gift shop, hardware store,
household appliance store, furniture store, florist, optician, music
and radio store, tailor shop, barbershop, and beauty shop.
RETREAT/LODGE
A facility serving as a destination point similar to a hotel/motel
and generally providing recreational facilities for persons on vacation.
Buildings and structures are usually self-contained within a resort-like
setting and serve to complement the scenic qualities of the lodge's
location.
REVISED PLAT
A professionally prepared drawing of changes to items (setback
lines, easements, etc.) on an existing subdivision plat recorded in
the office of the Clerk of the Circuit Court.
RIGHT-OF-WAY
Access over or across particularly described property for
a specific purpose or purposes.
RIGHT-OF-WAY LINE
The dividing line between a lot, tract or parcel of land
and a contiguous street, railroad or public utility right-of-way.
RIGHT-OF-WAY, STATE-OWNED
The right-of-way owned outright by the Virginia Department
of Transportation on which public roads are constructed and maintained.
ROADSIDE STAND
A building or structure used for the retail sale of fruits,
vegetables, flowers, herbs or plants grown on same parcel of land
where the stand is located. Such use may also include accessory sales
of other unprocessed foodstuffs, home processed food products such
as jellies, jams, pickles, sauces, or baked goods and homemade crafts.
No commercially packaged goods, handicrafts or foodstuffs shall be
sold. Also see "Wayside Stand."
ROOMING HOUSE
A building where, for compensation, lodging and meals are
provided for at least five and up to 14 unrelated persons, where no
cooking or dining facilities are provided in individual rooms, and
in which the length of stay usually exceeds one week in duration.
SAFETY SERVICES, PRIVATE
Uses for the conduct of safety and emergency services for
the primary benefit of the public, privately owned and operated, including
emergency medical and ambulance services.
SAFETY SERVICES, PUBLIC
Uses for the conduct of safety and emergency services for
the primary benefit of the public, publicly owned and operated or
financially supported by the municipality, including police, fire
protection and emergency medical and ambulance services.
SAWMILL, PERMANENT
A sawmill permanently located for the purpose of processing
timber from the property on which it is located, from adjoining property
or from other properties removed from the sawmill or its environs
without regard to point of origination.
SAWMILL, TEMPORARY
A sawmill located on private property for a period not to
exceed six months for the sole purpose of processing timber cut only
from that property or from property immediately contiguous and adjacent
thereto, or incidental processing of timber transported from other
property.
SATELLITE DISH
A round or parabolic antenna and its supporting structure
for the purposes of sending and/or receiving radio or electromagnetic
signals. (Land Use Category: Accessory Structure).
SCHOOL, PRIVATE
Any building or group of buildings, the use of which meets
state requirements for primary, secondary, or higher education and
which use does not secure the major part of its funding from any governmental
agency.
SCHOOLS, PUBLIC
The system of free public primary, elementary, and secondary
schools established pursuant to § 22.1-2 of the Code of
Virginia (1950), as amended.
SCRAP AND SALVAGE SERVICES
Places of business primarily engaged in the storage, sale,
dismantling, or other processing of used or waste materials which
are not intended for reuse in their original forms. Typical uses include
paper and metal salvage yards, automotive wrecking yards, junkyards,
used tire storage yards, or retail and/or wholesale sales of used
automobile parts and supplies.
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 obscure substantially,
but not necessarily totally, visual impacts between adjoining uses.
SECOND DWELLING
Any building or portion thereof which is designed for and
used for residential purposes as a single-family dwelling, additional
to the primary single-family dwelling and is subject to meeting certain
criteria outlined elsewhere in this article.
SETBACK
The minimum distance by which any building or structure must
be separated from a street right-of-way or lot line.
SETBACK LINE
A line parallel to a street and extending the full width
of the lot for a specified distance at all points from the street
right-of-way line, and thus defining an area on which no building
or structures or portions thereof may be constructed.
SHADOW/FLICKER
The visible shimmer effect when rotating turbine blades cast
shaded areas on the ground and nearby structures causing a repeating
pattern of light and shade.
SHIPPING CONTAINER
A standardized, reusable shipping vessel used in the transportation
of freight and capable of being mounted on a rail car, or mounted
to the chassis for movement by truck trailer or loaded on a ship.
When placed on a parcel, unrelated to its natural use, and used for
storage, whether privately or commercially, it shall be deemed an
accessory structure. (Land Use Category: Accessory Structure).
SHOOTING RANGE, INDOOR/OUTDOOR
The use of land and/or a building for archery and/or the
discharging of firearms for the purposes of target practice, skeet
and trap shooting, mock war games, or temporary competitions, such
as a turkey shoot. Excluded from this use type shall be general hunting
and unstructured and nonrecurring discharging of firearms on private
property with the property owner's permission.
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.
SHORELINE
The area immediately adjacent to any state water, including
lakes, pond and streams; more specifically, the line where open waters
abut wetlands or fastlands during nonflood and nondrought periods.
SIGHT TRIANGLE
An area of unobstructed sight distance along the approaches
of a street or driveway to an intersection.
SIGN
Any words, lettering, parts of letters, figures, numerals,
phrases, sentences, emblems, devices, designs, trade names, or marks,
or combination thereof, by which anything is made known, such as the
designation of an individual, a firm, an association, a profession,
a public business, a commodity, or product, which are visible from
any public way and used as an outdoor display.
SIGN, ANIMATED
A sign utilizing any form of movement, including, but not
limited to, animation, revolution, or vertical or horizontal motion,
whether electrical, mechanical, windblown, or through change in lighting.
For the purposes of this article, electronic changeable-copy signs
shall be considered as a changeable-copy sign.
SIGN AREA
A square, rectangle, triangle, circle, or other geometric
configuration, encompassing the entire advertising area, excluding
architectural trim and structural supports.
SIGN, ATTACHED
Any sign that is affixed directly to a wall, roof, canopy,
awning, marquee, mansard wall, parapet wall, or porch of a building
and the face of which is parallel to the building element to which
it is attached. Attached signs have only one face visible from the
public right-of-way. Also referred to as a building mounted sign.
SIGN, AWNING
A type of attached sign painted on, printed on, or otherwise
affixed to the surface of an awning.
SIGN, BANNER
A sign applied to cloth, paper, flexible plastic, or fabric
of any kind and generally intended to be displayed on a temporary
basis.
SIGN, BUSINESS
A sign which directs attention to a profession or business
conducted, or to a commodity, service activity or entertainment sold
or offered, upon the premises where the sign is located or in the
building to which the sign is affixed.
SIGN, CHANGEABLE-COPY
A sign or part of a sign that is designed so that characters,
letters, or illustrations can be changed or rearranged.
SIGN, COMMERCIAL
A sign informing or advertising products or activities for
sale or profit.
SIGN, CONSTRUCTION
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.
SIGN, DIRECTIONAL
Any sign displayed for the direction and convenience of the
public, including signs which identify restrooms, location of public
telephones, public entrances, freight entrances, or the like.
SIGN, DOUBLE-FACED
A sign with two parallel, or nearly parallel, faces, back
to back, and located no more than 24 inches from each other.
SIGN, FLASHING
An illuminated sign on which the artificial or reflected
light is not maintained stationary and constant in intensity and color
at all times when in use.
SIGN, FREESTANDING
A sign which is supported by structures or supports in or
upon the ground and is independent of any support from any building.
SIGN, GATEWAY
A freestanding sign located at or near the entrance to a
local jurisdiction. Such sign shall be restricted to the identification
of the local jurisdiction, notification of civic, social, or service
organizations and items of public interest.
SIGN HEIGHT
The vertical distance measured from grade to the highest
portion of the sign or sign structure.
SIGN, HISTORIC SITE
A sign erected and maintained by a public agency or nonprofit
historical society that identifies the location of and provides information
about a historic place or event.
SIGN, HOME OCCUPATION
A sign associated with home occupation uses as provided for
elsewhere in this article.
SIGN, IDENTIFICATION
A permanent on-premises sign displaying only the name of
a subdivision, multifamily housing development, shopping center, industrial
park, office park, church, school, public or quasi-public facility,
or similar type use.
SIGN, ILLUMINATED
Any sign with an artificial light source incorporated internally
or externally for the purpose of illuminating the sign.
SIGN, MONUMENT
A freestanding sign directly affixed to a structure built
on grade, in which the sign and the structure are an integral part
of one another.
SIGN, OBSOLETE
Any sign which advertises a business, use, service, or activity
that once occurred but is no longer occurring on the property in which
the sign is located.
SIGN, OFF-PREMISES
A sign, either freestanding or attached to a building, for
the purpose of conveying information, knowledge, or ideas to the public
about a subject not specific to the premises upon which it is located;
any sign which directs attention to a message or business, commodity,
activity, service, or product not conducted, sold, or offered upon
the premises where the sign is located. These signs may also be known
as "location signs," "billboards," "outdoor advertising signs," or
"general advertising signs."
SIGN, ON-PREMISES
Any sign which directs attention to a business, commodity,
activity, service, or product conducted, sold, or offered upon the
premises where the sign is located. On-premises signs do not include
signs erected by the outdoor advertising industry in the conduct of
the outdoor advertising business.
SIGN, POLITICAL CAMPAIGN
A sign relating to the election of a person to public office,
or a political party, or a matter to be voted upon at an election
called by a duly constituted public body.
SIGN, PORTABLE
A freestanding temporary sign that is designed to be moved
easily and is not permanently affixed to the ground.
SIGN, PROJECTING
A sign that is affixed directly to a wall, roof, canopy,
awning, marquee, mansard wall, parapet wall, or porch of a building
and the face of which is roughly perpendicular to the building element
to which it is attached.
SIGN, PUBLIC SERVICE
A sign advertising only the name, time, and place of any
bona fide fair, carnival, festival, bazaar, horse show, or similar
event when conducted by or for the benefit of any civic, religious,
educational, or charitable cause, provided the sign shall be displayed
no longer than 21 days per calendar year.
SIGN, REAL ESTATE
A temporary sign which advertises the sale, lease, rental,
or display of the lot or building upon which such sign is displayed.
SIGN, ROOF
A sign that is mounted on the roof of a building or which
is wholly dependent upon a building for support and which projects
above the highest point of a building with a flat roof, the eave line
of a building with a gambrel, gable, or hip roof or the deckline of
a building with a mansard roof.
SIGN SETBACK
The minimum distance required between any property line and
any portion of a sign or sign structure.
SIGN STRUCTURE
The supports, uprights, bracing, or framework of any structure
exhibiting a sign, be it a single-faced, double-faced, V-type, or
otherwise.
SIGN, SUSPENDED
A sign that is suspended from a wall, roof, canopy, awning,
marquee, mansard wall, parapet wall, or the porch of a building by
means of brackets, hooks, or chains, and the like, and the face of
which is roughly perpendicular or parallel to the building element
to which it is attached.
SIGN, TEMPORARY
Any sign, banner, pennant, valance, or advertising display
applying to a seasonal or brief activity, constructed of cloth, canvas,
light fabric, cardboard, wallboard, or other materials with or without
frames, intended to be displayed for a period of not more than 30
days. For the purposes of these regulations, on-premises real estate
signs and signs displayed on active construction projects shall be
considered temporary when displayed in accordance with § 19.6-88
et seq. herein.
SIGN, UNIFIED
A freestanding sign used to identify multiple business uses
within a shopping center, office park, business park, or industrial
park.
SIGN, WALL
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of, the sign, which does not
project for more than 12 inches from such building or structure.
SIGN, WINDOW
A sign painted onto or physically affixed to a building window,
including upper-floor windows and the glazing of doors, or signs legible
from any vehicular public right-of-way through a building window.
STABLE, COMMERCIAL
The boarding, breeding or raising of horses or ponies not
owned by the owner or occupant of the property or riding of horses
by other than the owner or occupant of the property and his/her nonpaying
guests. Included in this definition are riding academies.
STABLE, PRIVATE
The keeping, breeding, or raising of horses or ponies exclusively
for the personal use and enjoyment of the owner or occupant of the
property or the riding of horses or ponies by the owner or occupant
of the property and his/her guests.
STOOP
A platform, without a roof, located at the entrance of a
building, with sufficient area to facilitate the ingress and egress
to the building.
STOP WORK ORDER
An order issued by the Zoning Administrator or Building Official
that directs the person responsible for a development activity or
other act in violation of this article to cease and desist such activity
or act.
STORAGE OF SEWAGE SLUDGE
Any facility or lot used for the disposal of solid waste
materials by abandonment, discarding, dumping, burial, incineration
or any other means or the transfer of solid waste materials from collection
vehicles to hauling vehicles, including but not limited to trucks,
trains, and tandem trailers, for transport to a central solid waste
management facility for disposal or resource recovery. This definition
does not include typical solid waste bins used in the operation of
commercial, retail, restaurants, shopping centers, motel/hotels, or
similar uses and does not include recycling bins.
[Added 3-29-2016]
STORY
That portion of a building included between the surface of
any floor and the floor next above it or, if there is not a floor
above it, then the space between the floor and the ceiling above it.
STREAM
Any flowing body of water defined on the USGA 7.5-minute
topographic quadrangle maps with a solid blue line.
STREET
A strip of land comprising the entire area within the right-of-way
intended for possible use as a means of vehicular and pedestrian circulation
to provide access to more than one lot. The word "street" includes
road, thoroughfare, parkway, avenue, lane, boulevard, expressway,
highway, place, throughway, square, alley or however designated with
the above-mentioned right-of-way.
STREET CENTER LINE
A line generally parallel to the right-of-way lines that
equally divides the street right-of-way.
STREET GRADE
The top of the streets roadway at its centerline.
STREET, PRIVATE
Any road, street, highway, or other means of vehicular access
to a parcel of land, not dedicated or intended for public use.
STREET, PUBLIC
A strip of land comprising of the entire area within the
right-of-way intended for public use as a means of vehicular and pedestrian
circulation to provide access to more than one lot and which is presently
a portion of the Department of Transportation's street and road system,
or is a proposed addition to the Department of Transportation's street
and road system, in which case the improvement of which shall meet
the construction standards of the State Department of Transportation.
STRUCTURE
Anything that is assembled or erected with a fixed location
on the ground or attached to something having a fixed location on
the ground, including, but not limited to, buildings, signs, manufactured
homes and swimming pools. Walls and fences shall not be deemed structures
except as otherwise specifically provided in this article.
STRUCTURE HEIGHT
The vertical distance from the average elevation of the existing
finished grade of a structure at the font of the structure to the
top of the roof for a flat roof, to the deck line for a mansard roof,
or the mean height between the eaves and ridge for a gable, hip cone,
gambrel or shed roof.
STUDIO, FINE ARTS
A building, or portion thereof, uses as a place of work by
a sculptor, artist, or photographer.
SUBDIVIDER
An individual, corporation, trustee, joint venture, partnership,
or other entity, having legal or equitable title to any tract or parcel
of land to be developed, who submits a plan pursuant to this article.
SUBDIVISION
Any change or rearrangement in the boundaries or division
lines of any lot, parcel, piece, or tract of land, or the division
of such lot, parcel, piece, or tract of land into two or more parts,
pieces, tracts of land or lots.
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 assure
safe living conditions or any alteration of an historic structure,
provided that the alteration will not preclude the structure's continued
designated as an historic structure.
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 factory outlets or discount businesses with outdoor display.
SURVEYOR
A person licensed by the Commonwealth of Virginia to survey
land.
SWIMMING POOL, SPA, OR HOT TUB
An above or below ground structure that is filled with water
and used for swimming or soaking, relaxation, massage, or hydrotherapy.
SWINE
Includes all porcine animals, including, but not limited
to, swine, hogs, finishing or slaughter hogs, pigs, feeder pigs, piglets,
etc. For the purposes of this article, the term "piglet" shall include
swine weighing under 55 pounds, and the term "finishing hog" shall
include swine weighing more than 55 pounds.
TATTOO OR BODY PIERCING ESTABLISHMENT
An establishment whose principle business activity is to
practice one or more of the following: 1) Placing of designs, letters,
figures, symbols, or other marks upon or under the skin of any person
or (2) using ink or other substances that result in the permanent
coloration or alteration of the skin by means of the use of needles
or other instruments designed to contact or puncture the skin. (Land
Use Category: Personal Services).
TAXIDERMY SHOP
A business for the preparation, stuffing, and mounting of
animal skins. (Land Use Category: Retail Sales).
TELEVISION OR RADIO ANTENNA
An omnidirectional antenna tuned to the broadcast frequency
assigned to television or commercial radio. Does not include Amateur
radio antenna or satellite dish. (Land Use Category: Wireless Communication
Facility).
TEMPORARY BUSINESS
A commercial use established on a short-term basis at a particular
location, usually for less than 30 days.
TEMPORARY FAMILY HEALTH CARE STRUCTURE
A transportable residential structure, providing an environment
facilitating a caregiver’s provision of care for a mentally
or physically impaired person as prescribed by Code of Virginia § 15.2-2292.1 et seq. (Land Use Category: Accessory Structure).
TEMPORARY USE
Any commercial use which is conducted for a period not exceeding
30 consecutive days and which is not re-established within a period
of 90 days.
THEATER, INDOOR
A building designed and/or used primarily for the commercial
exhibition of motion pictures to the general public or used for performance
of displays, acts or dramas by actors and/or actresses.
THEATER, OUTDOOR
An area not to exceed five acres containing a screen projection
booth, refreshment stand, parking spaces and sound-transmission devices
to individual parking spaces only for the purpose of commercial exhibition
of motion pictures.
TOURIST HOME
A dwelling where, for compensation, lodging and breakfast
only are provided for up to 10 transient persons unrelated to the
operator/owner, where no cooking or dining facilities are provided
in individual rooms.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more telecommunications facilities,
including self-supporting lattice towers, guy towers, or monopole
towers. The term includes, but is not limited to, personal communications
service towers, radio and television transmission towers, microwave
towers, common-carrier towers, cellular telephone towers, directional
antennas, such as panel(s), microwave and satellite dishes, and omnidirectional
antennas, such as whip antennas, and alternative tower structures.
See "wireless communications facility."
TOWER, CO-LOCATION
The location of telecommunications facilities of more than
one commercial wireless communications service provider or governmental
entity on a single tower or alternative tower structure.
TOWER HEIGHT
When referring to a tower, the distance measured from ground
level to the highest point on the tower, even if said highest point
is a telecommunications facility.
TOWER SERVICE PROVIDER
Any person or corporation that provides telephonic, radio,
television, or other wireless communications.
TOWER SITE
The area encompassing a tower and all supporting equipment,
structures, paved or graveled areas, fencing, and other items used
in conjunction with said tower.
TOWER, STEALTH DESIGN
Any tower design that seeks to camouflage or conceal the
tower within its proposed surroundings, e.g., towers designed to appear
as trees, clock towers, bell steeples, utility poles or the like,
or telecommunications facilities mounted with alternative design mounting
structures that demonstrate stealth design elements.
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.
TOWNHOUSE LOT
A lot upon which a townhouse is or is to be erected.
TRANSFER STATION
Any storage or collection facility which is operated as a
relay point for solid waste which ultimately is to be transferred
to a landfill or other disposal site.
TRANSPORTATION TERMINAL
A facility for loading, unloading, and interchange of passengers,
baggage, and incidental freight or package express between modes of
ground transportation, including bus terminals, railroad stations,
and public transit facilities.
TRUCK STOP
An establishment containing a mixture of uses which cater
to the traveling public and in particular motor freight operators.
A truck stop might include such uses as fuel pumps, restaurants, overnight
accommodations, retail sales related to the motor freight industry
and similar uses.
TRUCK TERMINAL
A facility for the receipt, transfer, short-term storage,
and dispatching of goods transported by truck, primarily for commercial
purposes rather than as an activity incidental to another purpose.
Included in this use type would be express and other mail and package
distribution facilities, including such facilities operated by the
United States Postal Service.
TURKEY SHOOT
A shooting match or similar activity conducted by a non-profit
organization, non-commercial, or community service organization involving
the discharge of firearms at a target or targets with the object of
such activity being to determine a winner of a prize, such as a turkey,
ham or other prize. (Land Use Category: Temporary Use).
USE
The principal purpose for which a lot or the main building
thereon is designed, arranged or intended and for which it is or may
be used, occupied or maintained.
USE, TEMPORARY
Any commercial use which is conducted for a period not exceeding
30 consecutive days and which is not reestablished within a period
of 90 days.
UTILITY SERVICES
Services of a regional nature which normally entail the construction
of new buildings or structures, such as generating plants and sources,
electrical switching facilities and stations and substations, community
water treatment plants, 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.
VARIANCE
A reasonable deviation from those provisions regulating the
shape, size, or area of a lot or parcel of land or the size, height,
area, bulk, or location of a building or structure when the strict
application of the ordinance would unreasonably restrict the utilization
of the property, and such need for a variance would not be shared
generally by other properties, and provided such variance is not contrary
to the purpose of the ordinance. It shall not include a change in
use, which change shall be accomplished by a rezoning or by a conditional
zoning.
VDOT
The Virginia Department of Transportation.
VEGETATIVE BUFFER
Perennial vegetation established or left undisturbed adjacent
to the shoreline of a watercourse, intended to filter out sediment
and other non-point-source pollutants from runoff before it reaches
a watercourse; also includes vegetation along property lines.
VETERINARY HOSPITAL/CLINIC
Any establishment rendering surgical and medical treatment
of animals. Boarding of animals shall only be conducted indoors, on
a short-term basis, and shall only be incidental to such hospital/clinic
use, unless also authorized and approved as a commercial kennel.
VOCATIONAL OR TRADE SCHOOL
A public or private school offering vocational or trade instruction
to students in subjects such as electrical, plumbing, brick laying,
computer science, HVAC, etc. (Land Use Category: Educational Facility,
Primary/Secondary).
WAREHOUSING AND DISTRIBUTION
A facility, the uses of which include storage, warehousing,
and distribution of goods within enclosed structures, or outdoors,
primarily for commercial purposes rather than as an activity incidental
to another purpose. Typical uses include wholesale distributors, storage
warehouses, and moving and storage firms.
WATER, STATE
All waters on the surface and under the ground wholly or
partially within or bordering the Commonwealth of Virginia or within
its jurisdiction.
WATER SYSTEM, PRIVATE
A system of distribution of potable water from the source
of supply to the consumer. The term may include, but is not limited
to, sources, collection, treatment, and storage of water.
WATERCOURSE
A lake, river, creek, stream, wash, channel, or other topographic
feature on or over which water flows at least periodically.
WAYSIDE STAND
An establishment for the seasonal retail sale of agricultural
goods and merchandise primarily produced by the operator on the site,
or on property owned by the operator elsewhere in the County. The
stand is a building or structure located within 100 feet of a street
or road for the sole purpose of selling agricultural or horticultural
products grown within the County.
WETLANDS
Areas inundated or saturated by surface water or groundwater
at a frequency or duration sufficient to support a prevalence of vegetation
typically adopted for life in saturated soil conditions. Examples
include swamps, marshes, bogs, and similar areas.
WILD ANIMAL
Any animal(s) that are found in the wild, or in a wild state,
within the boundaries of the United States, its territories or possessions.
WIND ENERGY SYSTEM
Includes all equipment, machinery, and structures utilized
in connection with the conversion of wind to electricity. This includes,
but is not limited to, transmission, storage, collection, and supply
equipment, substations, transformers, service and access roads, and
one or more wind turbines. Such system produces no greater than 20
kW of electrical power and is to be used primarily for on-site consumption.
WIND FARM
A parcel of land on which three or more wind turbines are
sited for the purpose of electricity generation.
WIND TURBINE
A device that converts kinetic wind energy into rotational
energy that drives an electrical generator. A wind turbine typically
consists of a tower, nacelle body, and a rotor with two or more blades.
WINERY
The manufacturing, bottling, and sale of products grown and
harvested from a vineyard or orchard. Commercial uses such as gift
shops and restaurants associated with the winery shall be allowed
as ancillary uses.
WIRELESS COMMUNICATIONS FACILITY (WCF)
A facility generally designed to provide or facilitate a
link in a wireless communications system serving a specific area or
region, typically consisting of any or all of the following: antenna
arrays, microwave dishes, tower or monopole structures, and equipment
structures.
WOODWORKING SHOP
An establishment primarily engaged in millwork and other
manufacturing of wood products, such as windows, doors, moldings,
or flooring. (Land Use Category: Custom Manufacturing).
YARD
Space on the same lot with a main building, such space being
open, unoccupied and unobstructed by buildings from ground to sky,
except where encroachments and accessory buildings are expressly permitted.
YARD, BUFFER
A yard improved 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.
YARD, FRONT
An open, unoccupied space on the same lot with the main structure
extended the full width of the lot and situated between the right-of-way
line and the front line of the structure projected to the side lines
of the lot. The depth of the front yard shall be measured between
the front line of the structure and the right-of-way line. Covered
porches, whether enclosed or unenclosed, shall be considered as part
of the main structure and shall not project into a required front
yard. On corner lots, the "front yard" shall be considered as parallel
to the street upon which the lot has its least dimension.
YARD, REAR
An open space on the same lot with the main structure, such
space being unoccupied except possibly by an accessory building and
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the main structure projected
to the side lines of the lot. On all corner lots, the "rear yard"
shall be at the opposite end of the front yard.
YARD, REQUIRED
The area within a lot extending inward from the front, side,
or rear lot lines for the minimum yard depth applicable in the zoning
district in which the lot is located and that is required to remain
unoccupied and unobstructed from the ground upward.
YARD SALE
The sale of used items for residential use. The sale of these
items can take place in an accessory structure but mainly take place
outside.
YARD, SIDE
An open, unoccupied space on the same lot with a main structure,
situated between the side line of the structure and the adjacent side
line of the lot, extending from the rear line of the front yard to
the rear yard. If no front yard is required, the front boundary of
the side yard shall be the front line of the lot; and if no rear yard
is required, the rear boundary of the side yard shall be the rear
line of the lot. On the corner lots, the "side yard" shall be considered
as parallel to the street upon which the lot has its greatest dimension.
ZONE
Any portion of the territory of the County, exclusive of
streets, roads, alleys, and other public ways, within which certain
uses of land, premises, and buildings are regulated differently or
specifically and within which certain yards and open spaces are required
and certain height limits are established for buildings or structures.
ZONING DISTRICT
An area delineated on the Official Zoning Map, which a prescribed
set of development standards apply to various types of development.
ZONING DISTRICT, OVERLAY
A zoning district superimposed over one or more underlying
zoning districts that imposes additional standards and regulations.
ZONING MAP
The Official Zoning District Map for Appomattox County.