This article, and the Official Zoning Map made a part hereof,
shall be known and may be cited and referred to as the "Appomattox
County Zoning Ordinance."
The General Assembly of the Commonwealth of Virginia empowers
the County to enact a zoning ordinance and to provide for its administration,
enforcement, and amendment; and the Board of Supervisors of Appomattox
County deems it necessary, for the purpose of promoting the health,
safety, convenience, and general welfare of the County, to enact such
an ordinance; and the Board of Supervisors of Appomattox County appointed
a Planning Commission to recommend the boundaries of the districts
and appropriate regulations to be enforced therein; and the zoning
regulations and districts as herein set forth have been made in accordance
with a Comprehensive Plan for Appomattox County and for the purpose
of promoting the health, safety, and general welfare of the public
and of further accomplishing the objectives and purposes of § 15.2-2200,
§ 15.2-2280 and § 15.2-2283 of the Code of Virginia
(1950), as amended.
A.
To these
ends, this article is designed to:
(1)
Provide
for adequate light, air, convenience of access, and safety from fire,
flood, impounding structure failure, crime and other dangers;
(2)
Reduce
or prevent congestion in the public streets;
(3)
Facilitate
the creation of a convenient, attractive, and harmonious community;
(4)
Expedite
the provision of adequate police and fire protection, disaster evacuation,
civil defense, transportation, water, sewerage, flood protection,
schools, parks, forests, playgrounds, recreational facilities, and
other public requirements;
(5)
Protect
against destruction of or encroachment upon historic areas;
(6)
Protect
against one or more of the following: overcrowding of land, undue
densities of population in relation to the community facilities existing
or available, obstruction of light and air, danger and congestion
in travel and transportation, or loss of life, health or property
from fire, flood, impounding structure failure, panic or other dangers;
(7)
Encourage
economic development activities that provide desirable employment
and enlarge the tax base;
(8)
Provide
for the preservation of agricultural and forestal lands and other
lands of significance for the protection of the natural environment;
(9)
Encourage
and accommodate affordable housing suitable for meeting the current
and future housing needs of the County;
(10)
Protect surface water and groundwater resources; and
(11)
Provide safety from crime.
B.
The Code
further states that the governing body of any county may, by ordinance,
classify territory under its jurisdiction or any substantial portion
thereof into districts of such number, shape, and size as it may deem
best suited to carry out the purposes of such article, and in each
district it may regulate, restrict, permit, prohibit, and determine
the following:
(1)
The
use of land, buildings, structures and other premises for agricultural,
business, industrial, floodplain, and other specific uses;
(2)
The
size, height, area, bulk, location, erection, construction, reconstruction,
alteration, repair, maintenance, razing or removal of structures;
(3)
The
areas and dimensions of land, water, and air space to be occupied
by buildings, structures, and uses, and of courts, yards, and other
open space to be left unoccupied by uses and structures, including
variations in the sizes of lots based on whether a public or community
water supply or sewer system is available and used;
(4)
The
excavation or mining of soil or other natural resources.
The zoning regulations and districts, including the Official
Zoning Map, as set forth herein have been drawn with reasonable consideration
for the existing use and character of property, the Comprehensive
Plan, the suitability of properties for various uses, the trends in
growth or change, the current and future requirements of the community
as to land for various purposes as determined by population and economic
studies and other studies, the transportation requirements of the
community, and the requirements for housing, schools, parks, playgrounds,
and other public services, for the conservation of natural resources
and the preservation of floodplains, and for the conservation of properties
and their values and the encouragement of the most-appropriate use
of land throughout the County [§ 15.2-2284, Code of Virginia
(1950), as amended].
This article is adopted by the County of Appomattox, Virginia,
under authority granted by the General Assembly of the Commonwealth
of Virginia, particularly Title 15.2 of the Code of Virginia (1950),
as amended.
The regulations and restrictions in this article shall apply
uniformly to all buildings, structures, land, water and uses within
the unincorporated area of Appomattox County, Virginia, excepting
those areas determined by law to be under the sovereign control of
the United States of America or the Commonwealth of Virginia.
All buildings and structures erected hereafter, except those
exempted herein, all uses of land, water or buildings established
hereafter, all structural alterations or relocations of existing buildings
occurring hereafter, and all enlargements of, additions to, changes
in and relocations of existing uses occurring hereafter shall be subject
to all regulations of this article which are applicable to the zoning
district in which such buildings, structures, uses, or land are located.
Existing buildings, structures, and uses which do not comply with
the regulations herein shall be subject to the provisions of this
article relating to nonconformities.
The regulations set by this article within each district shall
be minimum regulations and shall apply uniformly to each class or
kind of structure or land, and particularly, except as hereinafter
provided:
A.
No building,
structure, or land shall be used or occupied, and no building or structure
or part thereof shall be constructed, reconstructed, moved, or structurally
altered, except in conformity with all of the regulations specified
in this article for the district in which it is located.
B.
No building
or other structure shall be erected or altered:
(1)
To
exceed the height or bulk specified in this article.
(2)
To
accommodate or house a greater number of families than permitted by
this article.
(3)
To
occupy a greater percentage of lot area than specified in this article.
(4)
To
have narrower or smaller rear yards, front yards, side yards, or other
open space than required by this article.
(5)
In
any other manner contrary to the provisions of this article.
A.
No building
or structure, no use of any building, structure or land, and no lot
of record now or hereafter existing shall be established, altered,
moved, diminished, divided, eliminated or maintained in any manner
except in conformity with the provisions of this article.
B.
Unless
otherwise specifically provided for in this article, no part of a
yard or other open space or off-street parking or loading space required
about or in connection with any building for the purpose of complying
with this article shall be included as part of a yard, open space,
or off-street parking or loading space similarly required for any
other building.
C.
No yard
or lot existing at the time of passage of this article shall be reduced
in dimension or area below the minimum requirements set forth herein.
All existing yards or lots and all yards or lots created after the
effective date of this article shall meet at least the minimum requirements
established by this article.
Wherever the requirements of this article are in conflict with
the requirements of any other lawfully adopted rules, regulations,
or ordinances, then the most-restrictive or that which imposes the
higher standards shall govern.
A.
Pursuant
to § 56-46.1 of the Code of Virginia (1950), as amended,
electrical transmission lines of 138 kV or more, approved by the State
Corporation Commission, shall be deemed to have satisfied the requirements
of this article. In addition, the following utility uses are exempt
from the provisions of this division: poles, wires, cables, conduits,
vaults, laterals, pipes, valves, meters or any other similar equipment
when used for the purpose of distributing service to individual customers
within an approved or established service area, but not including
wireless communications facilities, plants, substations, major transmission
lines, or trunk lines located on or above the surface of the ground,
for any type of utility service, nor for underground trunk lines providing
public water or sewerage service.
B.
The height
limitations of this article shall not apply to antennas less than
65 feet in height, cupolas, barns, silos, farm buildings, chimneys,
flues, flagpoles, water tanks, church spires, and monuments and necessary
appurtenances not exceeding in height the distance therefrom to the
nearest lot line. Parapet walls may be up to four feet above the regulated
height of the building on which the walls rest. Facilities used for
wireless communications shall be governed by the standards set forth
in this article.
Except as otherwise provided herein, all words shall have their
customary dictionary meanings. The present tense includes the future
tense. The singular number includes the plural, and the plural includes
the singular. The masculine gender includes the feminine and neuter
genders. The word "person" includes a firm, corporation, association,
organization, trust or partnership. The word "lot" includes plot or
parcel. The word "building" includes structure. The word "shall" is
always mandatory. The word "used" or "occupied," as applied to any
land or building, shall be construed to include the words "intended,
arranged or designed to be used or occupied."
[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:
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.
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.
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.
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.
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”.
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).
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.
Governmental offices providing administrative, clerical,
or public contract services that deal directly with the citizens.
Typical uses include federal, state, county, and town offices.
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.
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.
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).
The owner of any property upon which the proposed development
will have a positive or negative impact.
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.
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).
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).
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.
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.
A runway without normal air base or airport facilities. (Land
Use Category: Aviation Facility, public/private).
A passage for vehicular traffic within a parking area, through
a parking bay.
A narrow street or thoroughfare giving access to the rear
or side of lots or buildings.
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.
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.
A man-made or natural feature which enhances or makes more
attractive a particular site for development.
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).
A temporary tower equipped with devices to measure wind speeds
and direction and used to determine how much wind power a site can
be expected to generate.
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.
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).
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).
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).
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.
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.
A person or entity who submits a development application/petition
requesting approval of a permit or development plan approval under
this article.
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.
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).
An establishment engaged in the sale, loan, or display of
art books, paintings, sculpture, or other works of art. (Land Use
Category: Cultural Services).
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).
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).
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.
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.
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.
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.
A person with express written consent to act upon another’s
behalf.
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).
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.
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.
Retail sales of automobile parts and accessories. Typical
uses include automobile parts and supply stores, which offer new and
factory-rebuilt parts and accessories, and include establishments
which offer minor automobile repair services.
Rental of automobiles and light trucks/vans, including incidental
parking and servicing of vehicles for rent or lease. Typical uses
include auto rental agencies and taxicab dispatch areas.
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.
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.
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).
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).
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.
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.
A roof-like cover extending over, or in front of, a place
as a shelter.
A technique utilizing a balloon to demonstrate the height
of a proposed wind energy system or wireless communications facility.
An establishment that provides retail banking services, mortgage
lending, or similar services to individuals or businesses. Also see
Financial Institution.
The Federal Emergency Management Agency designated 100-year-surface
elevation, plus one foot.
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).
A document on which property lines are depicted to the most-accurate
scale.
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.
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.
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.
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.
Shall refer to the Board of Supervisors of Appomattox County,
Virginia, unless otherwise specifically indicated.
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.
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.
A roofed, open-sided passageway connecting two structures,
such as a house and/or a garage.
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.
An establishment that is primarily a restaurant where ale
or beer is brewed on premises as an accessory use. Also see "Microbrewery."
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.
Any structure designed or intended for support, enclosure,
shelter or protection of persons, animals, chattels or property.
The Virginia Statewide Building Code, adopted by the governing
body, and any amendments thereto.
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.
The Building Official appointed by the governing body to
administer and enforce the Building Code, or his designated representative
or agent.
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.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
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.
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.
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.
A measurement of the diameter of a tree trunk measured 4.5
feet above ground level.
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.
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.
A designated plot of ground within a campground intended
or used for the exclusive occupancy by a tent, recreational vehicle,
or a vacation cottage.
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.
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).
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.
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.
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.
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.
Any use which is not identical to the previous use of the
building, structure, or land.
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).
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.
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.")
The Circuit Court of Appomattox County, Virginia.
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).
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.
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.
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."
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.
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.
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.
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.
The Code of Appomattox County.
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).
A wholesale, retail or service business activity established
to carry on trade for a profit.
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]
Predominantly spectator uses conducted within an enclosed
building. Typical uses include motion picture theatres, concert or
music halls.
[Added 3-29-2016]
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]
A feedlot whose primary enterprise is to feed cattle and
market them for slaughter.
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).
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]
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]
The Planning Commission of Appomattox County and the Town
of Pamplin City, Virginia, known as the "Appomattox County Planning
Commission."
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.
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.
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).
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.
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.
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.
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.
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.
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.
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’.
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.
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).
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).
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.
The erection of any building or structure or any preparations
thereof, including land disturbing activities.
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.
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.
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.
Parcels of land sharing a common border not separated by
a state maintained road, railroad, or public utility right of way.
Areas where adjacent properties are developed.
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).
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."
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.
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.
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.
Appomattox County, Virginia.
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.
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).
A street with only one outlet terminating in a circular turning
area.
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]
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.
A small structure, ornamental in nature, built on top of
a roof.
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.
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).
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.
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.
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.
The transfer of private property to public ownership upon
written acceptance.
The ratio of the total number of residential dwelling units
on a lot to total lot area.
Any change to the land from its natural state other than
property which is primarily devoted to agricultural use.
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."
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 change in the type of use of a building, structure, or land;
Disturbance of land through the removal of trees or ground cover;
Division of land into two or more parcels;
Dredging, filling, or grading;
Construction or enlargement of a building or structure;
Material increase in the intensity of use of land, including
the number of businesses, dwelling units, offices, or manufacturing
establishments;
Demolition of a structure;
Commencement or expansion of agricultural or horticultural or
forestall activities;
Commencement or expansion of resource extraction activities
such as mining or drilling;
Deposition of refuse or solid or liquid waste on land;
Storage of buildings, equipment, materials or other structures;
Alteration or disturbance of land, shore, bank, or channel of
any stream, lake or body of water, including the alteration of any
wetland.
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.
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.
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]
A section of Appomattox County, Virginia, within which the
zoning regulations are uniform.
Normal family or household use of water, including drinking,
laundering, bathing, cooking, heating, cleaning and flushing toilets.
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.
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.
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).
Any building or portion thereof which is designed for or
used for residential purposes.
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.
A building designed for or occupied exclusively by one family
in a single dwelling unit.
A building designed for or occupied exclusively by two families
living independently of each other in two dwelling units.
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.
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.
An educational institution authorized to award associate,
baccalaureate, or higher degrees.
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.
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).
Includes fire, police, rescue squads and other similar activities.
An engineer registered by the Commonwealth of Virginia.
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.
Any business, enterprise, or other land use permitted by
this article.
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).
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.
An increase in the floor area of an existing structure or
building, or the increase in the area of a use.
Any animal(s) that are found in the wild, or in a wild state,
and are native to a foreign country.
The act or process associated with metal manufacturing or
manipulation. (Land Use Category: Industrial Manufacturing).
The front of a building.
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.
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:
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities, or other
household expenses.
The group is permanent and stable and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
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.
Any person who is a naturally or legally defined offspring,
spouse, parent, grandparent, grandchild, or sibling.
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.
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).
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]
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.
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]
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).
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).
An enclosure used for the concentrated confinement and housing
of animals or poultry; a place for feeding and fattening animals;
a coop.
The arrangement, proportions, and design of windows and doors
along the façade of a building.
A string of ribbons, tinsel, flags, pennants, pinwheels,
or similar devices.
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).
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).
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.
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.
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.
The maximum area of the floodplain which is likely to be
flooded once every 100 years or for which mudslides can be reasonably
anticipated.
Any land area susceptible to being inundated by water from
any source.
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.
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.
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.).
The ratio of gross floor area of al buildings on the lot
to the total lot area.
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.
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).
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.
An establishment that provides human funeral services, including
embalming and memorial services. Crematories are an accessory use
to a funeral home.
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.
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).
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.
A building or portion thereof, other than a private garage,
designed or used for storing motor-driven vehicles.
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.
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.
A retail establishment at which motor vehicles are refueled,
serviced, and sometimes repaired; also known as a "filling station."
Also see "convenience store."
The effect produced by brightness sufficient to cause annoyance,
discomfort, or loss in visual performance and visibility.
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.
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.
The Appomattox County Board of Supervisors or its designated
agent or representative.
A structure for the raising of plants or flowers indoors
for private or retail purposes.
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).
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.
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.
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.
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.
The Appomattox County Health Department or its designated
agent or representative.
A fence or a boundary formed by a dense row of shrubs or
low trees.
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.
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.
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).
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.
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.
Any landmark listed on the Virginia Landmarks Register by
the Historic Resources Board according to the procedures set out in
the Code of Virginia.
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.
Incidental use of a single-family dwelling for hairstyling
or barbering, established and conducted in accordance with the use
and design standards found herein.
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.
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.
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).
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.
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.
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.
A facility with support and supervisory personnel that provides
temporary living accommodations for homeless persons.
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.
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)
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.
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.
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.
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.
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.
The development of vacant or partially developed parcels
that are surrounded by or in close proximity to areas that are substantially
or fully developed.
Feeble from age and physically or mentally unable to care
for oneself.
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]
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]
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]
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]
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]
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.
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.
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).
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.
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.
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.
The earth, water, and air, above, below, or on the surface
and includes any improvements or structures attached hereto.
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).
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.
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.
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.
Any owner of a legal or equitable interest in real property,
including heirs, devisees, successors, assigns, and agent or personal
representative of the owner.
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.
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."
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.
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.
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.
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.
Any carcass, part thereof, meat, or meat food product of
any livestock.
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."
The owner or operator of the livestock or swine facility,
dairy, feed lot or poultry facility or the land on which the livestock,
dairy, feed lot or poultry facility is located.
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.
Any display of emblems, lines or colors, or any combination
thereof used as a symbol of an organization or business.
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.
The total horizontal land area within the lot lines of a
lot, excluding any area within existing or proposed public street
rights-of-way.
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°.
The ratio of the horizontally projected area of the main
and accessory buildings on a lot to the lot, except where otherwise
defined herein.
The distance between side property lot lines measured at
the front lot line.
A lot other than a corner lot, with only one frontage on
a street.
A line forming the boundary of a lot.
An adjustment or reconfiguration of lot lines to an existing
lot. Also known as a Boundary Line Adjustment.
The lot line separating the lot from an abutting street right-of-way
or private road easement.
The lot line along the edge of a property opposite its front
lot line.
A lot line not abutting a street and connecting the lot’s
front and rear lot lines.
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.
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."
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."
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.
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.
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).
The processing and/or converting of raw, unfinished materials
or products, or either of them, into articles or substances of different
character or for use for a different purpose.
A structure subject to federal regulation, 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."
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.
Establishments primarily engaged in the display, retail sale,
rental, and minor repair of new and/or used manufactured homes, parks,
and equipment.
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.
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.
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).
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).
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]
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.
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.
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.
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.
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.
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).
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."
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).
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).
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).
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.
Includes soil, sand, gravel, stone or other mineral (other
than oil and gas) naturally formed on or beneath the surface of the
earth.
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.
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).
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.
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.
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.
A nonconforming use, structure, lot of record, sign, or site
feature.
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.
A building or structure not used for residential purposes.
The use of land, buildings, or structures for other than
a rural use.
An organization or activity which has obtained nontaxable
status from the United States Internal Revenue Service.
A notice indicating a violation of the Zoning Ordinance.
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.
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.
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.
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.
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)
Space provided for vehicular parking outside the dedicated
street right-of-way.
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.
The portion of a lot not used for buildings, structures,
parking, loading, or streets, which may be set aside for landscaping
and/or recreation.
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.
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.
The person or entity responsible for the overall operation
and management of a solar energy facility (farm), if different from
the facility owner.
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.
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.
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.
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).
The keeping, in other than a building, of any goods, materials,
or merchandise on the same parcel for more than 24 consecutive hours.
Any person, agent, firm or corporation having a legal or
equitable interest in the property.
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.
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.
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.
A publicly owned short-term parking facility for commuters.
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.
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.
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.
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.
A use of the land which is allowed by right in the zoning
district in which the land is situated.
Any individual, corporation, government agency, business
trust, partnership, two or more persons having joint interest, or
any other legal entity.
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.
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.
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).
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.
The schematic representative of land divided or to be divided.
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:
Is harmful or detrimental or injurious to the public health,
safety or welfare, or the health of animals, fish or aquatic life;
or
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.
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.
Postal services directly available to the consumer operated
by the United States Postal Service.
Includes all domestic or domesticated poultry animals, including,
but not limited to, hens, broilers, and turkeys.
An easement granted by the Virginia Department of Transportation
for the construction and maintenance of public roads owned by said
Department.
A person appointed by the commission or board to preside
at public meetings or hearings.
A building or structure in which the primary use of the lot
on which the building is located is conducted.
The main use of land or structures, as distinguished from
a secondary or accessory use.
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.
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.
An offer or proposal which the property owner, or his agents,
commits himself to as additional requirements or restrictions on his
property.
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.
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.
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.
Publicly owned and operated parks, picnic areas, playgrounds,
indoor or outdoor athletic facilities, game preserves, and open spaces.
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 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.
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.
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 yards, equipment servicing facilities, and terminal
facilities associated with the operation of a railroad system.
A structure erected over a mobile home for the purpose of
providing shade or shelter.
Retail sales of recreational vehicles and boats, including
service and storage of vehicles and parts and related accessories.
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.
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.
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.
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.
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.
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.
The Resident Engineer for Appomattox County, Virginia, employed
by the Virginia Department of Transportation, or his designated agent.
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.
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.
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.
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.
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.
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.
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.
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.
Access over or across particularly described property for
a specific purpose or purposes.
The dividing line between a lot, tract or parcel of land
and a contiguous street, railroad or public utility right-of-way.
The right-of-way owned outright by the Virginia Department
of Transportation on which public roads are constructed and maintained.
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."
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.
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.
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.
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.
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.
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).
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.
The system of free public primary, elementary, and secondary
schools established pursuant to § 22.1-2 of the Code of
Virginia (1950), as amended.
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.
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.
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.
The minimum distance by which any building or structure must
be separated from a street right-of-way or lot 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.
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.
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).
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.
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.
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.
An area of unobstructed sight distance along the approaches
of a street or driveway to an intersection.
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.
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.
A square, rectangle, triangle, circle, or other geometric
configuration, encompassing the entire advertising area, excluding
architectural trim and structural supports.
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.
A type of attached sign painted on, printed on, or otherwise
affixed to the surface of an awning.
A sign applied to cloth, paper, flexible plastic, or fabric
of any kind and generally intended to be displayed on a temporary
basis.
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.
A sign or part of a sign that is designed so that characters,
letters, or illustrations can be changed or rearranged.
A sign informing or advertising products or activities for
sale or profit.
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.
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.
A sign with two parallel, or nearly parallel, faces, back
to back, and located no more than 24 inches from each other.
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.
A sign which is supported by structures or supports in or
upon the ground and is independent of any support from any building.
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.
The vertical distance measured from grade to the highest
portion of the sign or sign structure.
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.
A sign associated with home occupation uses as provided for
elsewhere in this article.
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.
Any sign with an artificial light source incorporated internally
or externally for the purpose of illuminating the sign.
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.
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.
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."
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.
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.
A freestanding temporary sign that is designed to be moved
easily and is not permanently affixed to the ground.
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.
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.
A temporary sign which advertises the sale, lease, rental,
or display of the lot or building upon which such sign is displayed.
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.
The minimum distance required between any property line and
any portion of a sign or 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.
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.
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.
A freestanding sign used to identify multiple business uses
within a shopping center, office park, business park, or industrial
park.
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.
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.
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.
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.
A platform, without a roof, located at the entrance of a
building, with sufficient area to facilitate the ingress and egress
to the building.
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.
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]
That portion of a building included between the surface of
any floor and the floor next above it or, if there is not a floor
above it, then the space between the floor and the ceiling above it.
Any flowing body of water defined on the USGA 7.5-minute
topographic quadrangle maps with a solid blue line.
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.
A line generally parallel to the right-of-way lines that
equally divides the street right-of-way.
The top of the streets roadway at its centerline.
Any road, street, highway, or other means of vehicular access
to a parcel of land, not dedicated or intended for public use.
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.
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.
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.
A building, or portion thereof, uses as a place of work by
a sculptor, artist, or photographer.
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.
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.
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.
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.
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.
A person licensed by the Commonwealth of Virginia to survey
land.
An above or below ground structure that is filled with water
and used for swimming or soaking, relaxation, massage, or hydrotherapy.
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.
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).
A business for the preparation, stuffing, and mounting of
animal skins. (Land Use Category: Retail Sales).
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).
A commercial use established on a short-term basis at a particular
location, usually for less than 30 days.
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).
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.
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.
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.
The commercial cutting of timber.
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.
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."
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.
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.
Any person or corporation that provides telephonic, radio,
television, or other wireless communications.
The area encompassing a tower and all supporting equipment,
structures, paved or graveled areas, fencing, and other items used
in conjunction with said tower.
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.
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.
A lot upon which a townhouse is or is to be erected.
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.
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.
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.
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.
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).
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.
See "permitted use."
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.
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.
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.
The Virginia Department of Transportation.
Any object of natural floral growth.
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.
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.
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).
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.
All waters on the surface and under the ground wholly or
partially within or bordering the Commonwealth of Virginia or within
its jurisdiction.
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.
A lake, river, creek, stream, wash, channel, or other topographic
feature on or over which water flows at least periodically.
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.
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.
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.
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.
A parcel of land on which three or more wind turbines are
sited for the purpose of electricity generation.
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.
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.
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.
An establishment primarily engaged in millwork and other
manufacturing of wood products, such as windows, doors, moldings,
or flooring. (Land Use Category: Custom Manufacturing).
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.
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.
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.
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.
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.
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.
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.
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.
An area delineated on the Official Zoning Map, which a prescribed
set of development standards apply to various types of development.
A zoning district superimposed over one or more underlying
zoning districts that imposes additional standards and regulations.
The Official Zoning District Map for Appomattox County.
This article is not intended to abrogate, annul or otherwise
interfere with any easement, covenant or other private agreement or
legal relationship; provided, however, that where the regulations
of this article are more restrictive or impose higher standards or
requirements than such private agreements or legal relationships,
the regulations of this article shall govern. The County does not
enforce private agreements, covenants, or other legal relationships.
Any land that is annexed from the County into an incorporated
town or that is reverted to the County from an incorporated town shall
be regulated in accord with the terms of the annexation or reversion
agreement that establishes such change in governance.
Nothing contained in this article shall require any change in
the plans or construction of any building or structure for which a
building permit was granted prior to the effective date of this article.
If construction is discontinued for a period of six months, further
construction shall be in conformity with the provisions of this article
for the district in which the activity is located.
On the effective date of this article, the previously existing
Appomattox County Zoning Ordinance is hereby repealed, and this article
replaces it in its entirety. Further, all property in Appomattox County
shall retain the zoning district classification as named under the
previous Zoning Ordinance except as amended and otherwise provided
by this article.
A.
Calculations
of development density, including lot, lot area, parent tract, net
and gross floor density for residential development, floor area ratio
for nonresidential development density, and other such terms shall
be made in accord with the formulas provided within the definitions
of those terms in this article.
B.
Calculations
of allowable floor area ratio shall be based upon the floor area ratio
as established by the zoning district in effect for the site at the
time a site development plan for the lot is officially accepted for
review by the County.
Except where provided by this article, or by conditional use
permit, no more than one dwelling unit, whether a single-family dwelling
or manufactured home, may be erected on a single lot.
A.
One additional
structure may be permitted as a single-family dwelling on the same
lot or parcel of land as that of the main dwelling, provided that
the parcel is zoned A-1 Agricultural Zoning District or R-2 Medium-Density
Zoning District and the following requirements are met:
(1)
A
statement of nonobjection must be provided, signed by all adjacent
property owners and/or residents.
(2)
If
a petitioner fails to obtain a statement of nonobjection from all
adjacent property owners and/or residents, then the petitioner has
the option to petition the Board of Supervisors through the conditional
use permit process.
(3)
Lot
requirements.
(a)
Legal conforming lots for second dwellings must contain sufficient
lot area, lot width, lot coverage, and must meet minimum yard requirements
so that if the lot is ever divided into two lots, no nonconforming
lot or building is created.
(b)
A second dwelling must have access to a public street by means of
a passageway open to the sky at least 15 feet in width.
(c)
Well and septic systems. Applicants for second dwellings must receive
Health Department approval for a well and septic system prior to receiving
zoning approval. Each dwelling on a lot must be served by individual
well and septic systems. Wells may be shared by the two dwellings
with Health Department approval.
B.
Prohibitions
on third dwellings. Three or more single-family dwelling units on
a single lot are not permitted in Appomattox County in any zoning
district.
All structures requiring a building permit shall be erected
on lots which have frontage on a public road, or access to a public
road by a private road or access easement if otherwise provided for
herein, or as provided for in the Subdivision Ordinance, so as to
provide safe and convenient access for servicing, fire protection,
and required off-street parking.
The Board of Supervisors shall establish a schedule of fees,
charges, and expenses and a collection procedure for building permits,
certificates of zoning compliance, applications, appeals, and other
matters pertaining to this article. The schedule of fees shall be
posted in the office of the Administrator and may be altered or amended
only by the governing body. Until all applicable fees, charges, and
expenses have been paid in full, no action shall be taken on any application
or appeal.
The provisions of this article shall be held to be the minimum
requirements for the promotion of the public health, safety and general
welfare.
A.
Subject
to the Zoning Administrator's interpretive powers as provided for
herein, no uses are permitted unless included in the lists of permitted
uses, whether by right or by conditional use, in a district.
B.
Uses
other than those allowed in a particular district may be added to
a district only upon adoption of a text amendment approved by the
Board of Supervisors, pursuant to the procedures set forth herein.
For the purpose of this article, certain words and terms are
to be interpreted as set forth in the definitions portion of this
article. In case of a dispute over the meaning of a word, phrase,
or sentence, whether defined in this article or not, the Zoning Administrator
is hereby authorized to make a definitive determination thereof, being
guided in such determination by the purposes and intent of this article,
provided that an appeal may be taken from any such determination as
provided herein.
A.
Zoning
districts and Zoning Map.
(1)
The
County is hereby divided into zones, or districts, as shown on the
Official Zoning Map, which, together with all explanatory matter thereon,
is hereby adopted by reference and declared to be a part of this article.
(2)
The
Official Zoning Map shall be comprised of a complete set of official
Appomattox County Tax Maps, color-coded to reflect the zoning classification
of each and every parcel of land in Appomattox County. The Board of
Supervisors may, by its formal action, adopt a new graphic format
for the Official Zoning Map, as long as the map shows every parcel
of land in the County and accurately represents the zoning districts
as set forth on the original Zoning Map at the time the new graphic
version is created.
(3)
The
Official Zoning Map shall be identified by the signature of the Chairman
of the Board of Supervisors attested by the Clerk under the following
words: "This is to certify that this is the Official Zoning Map referred
to in the Zoning Ordinance of Appomattox County, Virginia." This statement
shall be provided along with the signatures and the date of adoption
of this article and any subsequent amendments to the map adopted by
the Board of Supervisors.
(4)
If,
in accordance with the provisions of this article and the Code of
Virginia (1950), as amended, changes are made in district boundaries
or other matter portrayed on the Official Zoning Map, such changes
shall be entered on the Official Zoning Map promptly after the amendment
has been approved by the Board of Supervisors with an entry on the
Official Zoning Map as follows: "On (date), upon action by the Board
of Supervisors, the following change(s), were made to the Official
Zoning Map: (brief description of change)," which entry shall be signed
and attested by the Zoning Administrator. No amendment of this article
which involves matter portrayed on the Official Zoning Map shall become
effective until after such change has been made on said map.
(5)
No
changes of any nature shall be made on the Official Zoning Map or
items shown thereon except in conformity with the procedures set forth
in this article. Any unauthorized changes of whatever kind by any
person or persons shall be considered a violation of this article
and punishable as provided in this article.
(6)
Regardless
of the existence of purported copies of the Official Zoning Map which
may from time to time be made or published, the Official Zoning Map
which shall be located in the office of the Zoning Administrator shall
be the final authority as to the current zoning status of land and
water area, buildings, and other structures in the County.
B.
Replacement
of the Official Zoning Map.
(1)
In
the event that the Official Zoning Map becomes damaged, lost, or difficult
to interpret because of the nature or number of changes and additions,
the Board of Supervisors may, by resolution, adopt a new Official
Zoning Map. The new Official Zoning Map may correct drafting or other
errors or omissions in the prior Official Zoning Map or any subsequent
amendment thereof. The new Official Zoning Map shall be identified
by the same statement and signatures as outlined previously.
(2)
Unless
the prior Official Zoning Map has been lost, or has been totally destroyed,
the prior map(s) or any significant parts thereof remaining shall
be preserved, together with all available records pertaining to its
adoption or amendment.
C.
District
boundaries.
(1)
The
boundaries of these districts are hereby established as shown on the
Official Zoning Map of Appomattox County, on file in the office of
the Zoning Administrator.
(2)
Where
uncertainty exists as to the boundaries of any district as shown on
the Official Zoning Map, the following rules shall apply:
(a)
Boundaries, wherever, possible, are deemed to follow the center lines
of highways, streets, alleys, railroad lines, streams, and rivers,
or plotted lines, and Town limits.
(b)
Distances not specifically indicated on the Official Zoning Map shall
be determined by the scale of said map, by the Zoning Administrator.
(c)
Where physical or cultural features existing on the ground are at
variance with those shown on the Official Zoning Map, or in other
circumstances not covered above, the Zoning Administrator shall interpret
the district boundaries.
A.
Regular
lots, measurements.
(1)
The
width of a regular lot shall be determined by measurement across the
lot at the front lot line at its intersection with each side lot line.
(2)
The
length of a regular lot shall be determined by measuring the distance
between the front and rear lot lines at each of the two side yard
setback lines and averaging those two distances.
B.
Regular
lots, determination of front yard.
(1)
On
regular interior lots, the front shall be construed to be the portion
nearest the street or access road.
(2)
On
regular corner lots, all sides fronting on a street shall meet the
front yard setback requirement. The side opposite the front yard shall
be considered a rear yard. The orientation of the dwelling should
be determined and shown on the subdivision plat or site plan by the
prevailing building pattern or the prevailing lot pattern if the building
pattern has not been established.
(3)
On
regular through lots, unless otherwise determined by the Zoning Administrator
due to the prevailing building pattern, the front shall be construed
to be the shorter boundary fronting a street. If the lot has equal
frontage on two streets, the front shall be determined and shown on
all subdivision plats and site plans by the prevailing building pattern
or the prevailing lot pattern if a building pattern has not been established.
C.
Regular
lots, yards adjacent to street.
D.
Irregular
lots, yard requirements. All yards shall provide at least the same
separation from all lot lines as required for minimum side yards in
the district; and for the lot line which is determined to be the front
lot line, setback and yard requirements for front yards shall be met.
Additionally, if an irregular lot abuts a street at any point, a distance
shall be provided that equals the yard required on a regular lot adjacent
to a street in the district.
E.
Setback
measurement.
(1)
All
setbacks from public streets shall be measured from either:
(2)
If
no right-of-way exists, or if no construction plans are approved for
the road, or if less than the minimum right-of-way exists, the right-of-way
shall be assumed to be the edge of the existing travelway. The landowner
shall determine the location of the front property line and shall
certify by affidavit to the County that the setbacks meet the requirements
of this article.
(3)
When
one lot is bisected by a zoning district boundary line, setbacks shall
be required from the lot line, not from the line that divides the
zoning district on the lot. The setback requirement for such lots
shall be determined by the placement of the building or structure
in which district the building or structure lies.
A.
Lot size
and shape. All lots and yards shall meet the dimensional requirements
set forth in the district requirements of this article, in conjunction
with all other requirements set forth herein.
(1)
Health
Department approval. Area requirements are minimums as per the requirements
of the governing zoning district and are subject to the approval of
the Health Department. In special circumstances, larger lot areas
may be required by the Health Department.
(2)
Lots
created to serve public utilities shall be exempt from the minimum
lot size, minimum setback, and minimum lot width.
(3)
No
building shall hereafter be erected, constructed or altered so as
to exceed the height limit specified in the regulations herein for
the district in which it is located.
(4)
Government
buildings. No maximum height restrictions are placed upon government
buildings. The height requirements shall be determined by the appropriate
governmental agency constructing or reconstructing the building.
B.
Principal
use. Only one principal use or structure is permitted per lot unless
otherwise provided herein. The Zoning Administrator shall determine
what constitutes a principal use when two or more permitted uses occupy
the same lot.
C.
Required
yards. No part of a yard or other open space, area, or off-street
parking or loading space shall be included as part of a yard, open
space, area, or off-street parking or loading space for another use,
unless otherwise specifically provided for in this article.
D.
A breezeway
of not more than 12 feet in length may be used to connect two structures,
thus creating one principal structure. If the breezeway exceeds 12
feet, then the structures shall be considered separately and subject
to the regulations for a second dwelling unit.
E.
Reductions
below minimum requirements.
(1)
No
lot or area existing prior to the adoption of this article shall be
reduced in dimension or area below the minimum requirements set forth
in this article except for the purpose of meeting or exceeding standards
set forth in this article. Lots or areas created after such date shall
meet at least the minimum requirements established in this article.
(2)
No
yards existing prior to the adoption of this article shall be reduced
in dimensions below the minimum requirements set forth in this article.
Yards created after adoption of this article shall meet at least the
minimum requirements established by this article.
(3)
No
existing off-street parking or loading space, and no off-street parking
or loading space hereafter created, which meets all or part of the
requirements for off-street parking or loading space set forth in
this article shall be reduced or eliminated if the reduction results
in area not meeting requirements or standards contained in this article.
Reductions may be permitted where spaces are no longer required by
this article or alternative spaces meeting the requirements of this
article are provided.
Two or more contiguous lots under the same ownership may be
used to satisfy zoning requirements only after a subdivision plat
has been approved and recorded eliminating the common internal lot
lines.
[Amended 7-6-2015]
A.
For the
purpose of this article, Appomattox County is divided into the following
base zoning districts:
|
Agricultural District (A-1)
|
|
Low-Density Residential District (R-1)
|
|
Medium-Density Residential District (R-2)
|
|
High-Density Multifamily Residential District (R-3)
|
|
Village Center District (V-1)
|
|
General Commercial District (B-1)
|
|
Limited Commercial District (B-2)
|
|
Industrial District (M-1)
|
|
Planned Industrial District (IP)
|
B.
In addition
to the base districts, overlay districts are hereby established which
may be applied by the Board of Supervisors as overlay regulations
to portions of any or all of the base districts, through the Zoning
Map amendment process in accord with the procedures established herein
and subject to the standards and procedures of this article. The following
overlay districts are established herein:
|
Floodplain Overlay District (FPO)
|
|
Historic Overlay District (H-1)
|
