Rappahannock County, VA Definitions and Word Usage

	Abbreviation	Meaning
	a. or ac.	Acre(s)
	Administrator	Zoning Administrator
	ANSI	American National Standards Institute
	Board	The Rappahannock County Board of Supervisors
	BZA	The Rappahannock County Board of Zoning Appeals
	Commission	The Rappahannock County Planning Commission
	dB	Decibel
	DU or d.u.	Dwelling unit
	ft.	Foot or feet
	incl	Includes or including
	max.	Maximum
	min.	Minimum
	SCC	State Corporation Commission
	sq. ft.	Square foot (or feet)
	VDOT	Virginia Department of Transportation
	ZA	Zoning Administrator

[1]

Editor's Note: Original Sections 13.1-1 through 13.1-3, which immediately preceded this section and which dealt with the former numbering of the ordinance, were repealed 7-6-1994, which ordinance was readopted 12-2-1996.

The following definitions shall be used in the interpretation and administration of this chapter. The definition of various terms as presented herein does not necessarily represent the same definitions as may be found for the same terms in other chapters of the Code.

As used in this chapter, the following terms shall have the meanings indicated:

ACCELERATION

See definitions under "vibration."

ACCESSORY USE

"Accessory uses" as permitted by this chapter are set forth in § 170-70 of Article VII. An "accessory use" is a use or building which:

(1)

Is clearly subordinate to, customarily found in association with and serves a principal use;

(2)

Is subordinate in purpose, area or extent to the principal use served;

(3)

Contributes to the comfort, convenience or necessity of the occupants, business enterprise or industrial operation within the principal use served; and

(4)

Is located on the same lot as the principal use, except that any building that is customarily incidental to any agricultural use shall be deemed to be an accessory use whether or not it is situated on the same lot with the principal building.

ACRE

A measure of land equaling 43,560 square feet.

ADAPTIVE USES

Any special exception use conducted in accordance with the provisions of §§ 170-69B and 170-36H of this Code to permit an existing structure to be used for purposes not allowed by the structure's current zoning.

[Amended 2-1-2021]

ADMINISTRATOR

The Rappahannock County Zoning Administrator.

AGRICULTURAL AND FORESTAL DISTRICT

A district created pursuant to Chapter 44 of Title 15.2 of the Code of Virginia.

[Amended 7-6-1994;[1] 2-2-2015]

AGRICULTURE

(1)

The use of a tract of land of not less than five acres for:

(a)

The tilling of the soil;

(b)

The growing of crops or plants of any kind in the open, including forestry;

Pasturage;

Horticulture;

Dairying;

Floriculture; or

Raising of poultry and/or livestock.

(2)

The term "agriculture" shall not include the following uses:

(a)

The maintenance and operation of commercial greenhouses and hydroponic farms;

(b)

The raising of fur-bearing animals as a principal use; or

(c)

The operation or maintenance of a commercial stockyard or feedyard.

(3)

Furthermore, the definition of "agriculture" shall not be deemed to preclude:

(a)

The keeping of livestock on parcels of two acres or more in size; or

(b)

Gardening as permitted as an accessory use.

ALLEY

A narrow strip of land intended for vehicular traffic which has a minimum width of 20 feet and is designed to give access to the side or rear of properties whose principal frontage is on another street.

AMPLITUDE

See definitions under "vibration."

ANIMAL SHELTER (GOVERNMENTAL)

As differentiated from a "kennel," as defined herein, any place so designed and operated by the governmental agency to provide for the temporary accommodations and/or disposal of five or more common household pets which are stray or not wanted by their owner(s) until appropriate disposition of such pets can be effectuated.

ARCHITECT

A professional who is registered with the State Department of Professional and Occupational Registration as an architect.

AUTOMOBILE GRAVEYARD

Any lot or place which is exposed to the weather and upon which more than two inoperable or junk motor vehicles, trailers, semitrailers, buses or the like are placed, located or found.

AUTOMOBILE SERVICE STATION

See "service station."

BARN

A structure used in conjunction with an agricultural use, which may include the housing of livestock and/or storage of fodder or equipment.

BED-AND-BREAKFAST

Transient lodging that accommodates not more than 10 persons in not more than five rooms/lodging units and:

[Added 8-4-1997; amended 2-1-2021]

(1)

May be rented by individual lodging unit to different parties of guests;

(2)

Shall have a resident manager; and

(3)

May serve meals to its overnight guests.

BEER

An alcoholic beverage produced by the fermentation of an infusion or decoction of barley, malt, hops, or other grain, in drinkable water, and containing one-half of one percent or more of alcohol by volume.

[Added 1-8-2003]

BOARDINGHOUSE

See "tourist home."

BREWERY

Any use which produces beer. This use shall include the right to conduct any activity permitted to the holder of a beer license as enumerated in § 4.1-208 of the Code of Virginia. A site plan shall be required. Bus Tours shall only be permitted in accordance with § 170-67E. Neither a site plan nor other permitting shall be required for uses set forth in Subsection 2 of § 4.1-208 of the Code of Virginia.

[Added 1-8-2003; 2-2-2015]

BUILDING

Any structure used or intended for supporting or sheltering any use or occupancy.

BUILDING, ACCESSORY

See "accessory use."

BUILDING FRONT

The one face or wall of a building which is architecturally designed as the front of the building and which normally contains the main entrance(s) for use by the general public.

BUILDING GROUP

A group of two or more main buildings and any uses accessory thereto occupying a lot in one ownership and having one yard in common.

BUILDING HEIGHT

See "height, building."

BUILDING, PRINCIPAL

A building in which is conducted the primary use of the lot on which it is situated.

BULK REGULATIONS

Regulations controlling the size of structures and the relationship of structures and uses to each other and to open areas and lot lines. "Bulk regulations" include provisions controlling minimum building height and minimum yard requirements.

BUSINESS OFFICE

See "office, business."

CAMPING TRAILER

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

CAMP- OR RECREATION GROUND

An area or premise, usually operated as a commercial enterprise, generally providing space for seasonal accommodations for transient occupancy or use by tourists occupying camping trailers, self-propelled campers, tents and/or lodges. With such accommodations are normally to be found facilities for picnicking, boating, fishing, swimming, outdoor games and other sports and activities, but not including miniature golf courses, golf ranges or any mechanical amusement devices. A "campground" shall be designed for seasonal occupancy, as opposed to permanent year-round occupancy, and shall not be constructed to mean a "mobile home park" as defined herein.

CANDLE

See definitions under "glare."

CARNIVAL

A traveling or transportable group or aggregation of rides, shows, games or concessions, or any combination thereof.

CARPORT

Any space outside of a building and contiguous thereto wholly or partially covered by a roof and used for the shelter of parked motor vehicles. A "carport" is to have no enclosure, other than the side of the building to which the carport is contiguous, that is more than 18 inches in height, exclusive of screens.

CAR WASH

A structure, or portion thereof, containing facilities for washing motor vehicles, using production-line, automated or semiautomated methods for washing, whether or not employing a chain conveyor, blower, steam-cleaner or similar mechanical devices.

CATEGORY 1 FARM WINERY

A use wherein wine is produced and at least 51% of the fruit or other agricultural products used are grown on premises. "Grown on premises" means the fruit or other agricultural products are grown, raised, or harvested or collected on the same parcel of land where the wine is produced, or on a contiguous parcel under the same ownership. A Category 1 farm winery may include facilities for tasting and for the retail sale of wine in closed containers for off-premises consumption to the extent permitted by Title 4.1 of the Code of Virginia. A Category 1 farm winery shall maintain at all times a Class A or B Farm Winery permit from the Alcoholic Beverage Control Board. A Category 1 farm winery shall be located on a parcel of at least five acres. In the event the owner satisfies the Zoning Administrator that due to drought, natural disaster, disease or other cause beyond the control of the owner there are not sufficient grapes grown on premises to allow the owner to meet normal annual production of wine, then the Zoning Administrator may, by written notice to the owner, waive the rule of 51% as established above; provided, however, that the rule may not be waived for more that three consecutive years. There shall be no sale of wine for on-premises consumption. Sale of wine for on-premises consumption shall only be allowed in farm winery retail establishments, eating establishments and bed-and-breakfast facilities, as those terms are defined in § 170-8 of this Code, and which possess the proper state licenses. Any farm winery which includes buildings which will be open to the public, whether on a regular or occasional basis, and whether such buildings are subject to, or exempt from, the Uniform Statewide Building Code, shall require a site plan. Bus tours shall only be permitted in accordance with § 170-68C.

[Added 1-8-2003]

CATEGORY 2 FARM WINERY

A use wherein wine is produced and at least 25% of the fruit or other agricultural products are grown, raised, harvested or collected in Rappahannock County. A Category 2 farm winery may include facilities for tasting and for the retail sale of wine in closed containers for off-premises consumption to the extent permitted by Title 4.1 of the Code of Virginia. A Category 2 farm winery shall maintain at all times a Class A or B farm winery permit from the Alcoholic Beverage Control Board. A Category 2 farm winery shall be located on a parcel of at least 25 acres. Upon application of the owner, if the Zoning Administrator is satisfied that due to drought, natural disaster, disease or other cause beyond the control of the owner, there are not sufficient grapes grown in Rappahannock County available to allow the owner to meet normal annual production of wine, then the Zoning Administrator may, by written notice to the owner, waive the rule of 25% as established above; provided, however, that the rule may not be waived for more that three consecutive years. There shall be no sale of wine for on-premises consumption. Sale of wine for on-premises consumption shall only be allowed in farm winery retail establishments, eating establishments and bed-and-breakfast facilities, as those terms are defined in the Rappahannock County Zoning Ordinance, and which possess the proper state licenses. Any farm Winery which includes buildings which will be open to the public, whether on a regular or occasional basis, and whether such buildings are subject to, or exempt from, the Uniform Statewide Building Code, shall require a site plan. Bus tours shall only be permitted in accordance with § 170-68C.

[Added 1-8-2003]

CATTERY

See "kennel."

CENTER LINE

A line lying midway between the side lines of a street or right-of-way.

CHURCH

See "place of worship."

CIRCUS

A traveling or transportable show or exhibition consisting of performances by persons and animals under one tent or similar structure, with or without other sideshows.

CODE OF VIRGINIA

The Code of Virginia 1950, as amended.

COLLEGE or UNIVERSITY

Includes a proprietary school that is approved, licensed and bonded by the Proprietary School Service Office of the State Department of Education.

COMPREHENSIVE PLAN

The official document or elements thereof adopted by the Board and intended to guide the physical development of the County or a portion thereof. Such plan, including maps, plats, charts, policy statements and/or descriptive material, shall be adopted in accordance with § 15.2-2226 of the Code of Virginia.

[Amended 2-1-2021]

CONDOMINIUM

Ownership of single units in a real estate project having common elements and four or more apartments, rooms, office spaces, dwelling or other units, whether such units are located in a multiple-unit structure or attached to or detached from other units. Ownership includes fee simple title to a residence or place of business and undivided ownership, in common with other purchasers, of the common elements in the structure(s), including the land and its appurtenances. (See § 170-47M.)

[Amended 4-2-2018]

CONFERENCE CENTER or RESORT

A use which provides temporary lodging, meals, entertainment, recreation, etc. for more than 40 persons, in a rural setting.

[Added 8-4-1997]

CONFERENCE/CONVENTION CENTER

The necessary facilities to accommodate conventions or large meetings, including retail or commercial establishments necessary to serve the people using such facilities.

CONSTRUCTION, COMMENCEMENT OF

Progress in the construction of a structure sufficient to be approved in a footing inspection by the County's Building Inspector.

CONTRACTOR'S OFFICES, SHOPS AND MATERIALS STORAGE YARDS

Establishments for the construction and/or repair of buildings, roads and utility lines; installation and servicing of heating, cooling and electrical equipment; flooring; painting, plumbing, roofing and tiling; and/or excavating.

CORNER LOT

See "lot, corner."

COUNTRY INN, RETREAT or LODGE

A use which provides temporary lodging, meals, entertainment, recreation, etc., for up to 40 persons, in a rural setting.

[Added 9-4-1996]

COVENANT

A written agreement recorded in the land records of Rappahannock County, Virginia, concerning the use, development or maintenance of a parcel of land or improvements thereto.

CROP/LIVESTOCK FARMING

See "agriculture."

CUL-DE-SAC

A local street, one end of which is closed and consists of a circular turnaround.

CURBLINE

The face of a curb along private streets, travelways, service drives and/or parking bays/lots.

DAIRY FARM

An operation involved in the production of milk and including the keeping of more than five animals.

DAY-CARE CENTER

A structure, including a private residence, which receives children for care, maintenance and supervision for less than 18 hours per day, such children being unattended by a parent or legal guardian.

DECIBEL

See definition under "noise."

DENSITY

The number of dwelling units per acre.

DEVELOPER

The legal or beneficial owner or owners of all the land proposed to be included in a given development or the authorized agent thereof. In addition, the holder of an option or contract to purchase, a lessee having a remaining term of not less than 30 years or other persons having an enforceable proprietary interest in such land shall be deemed to be a "developer" for the purpose of this chapter.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations.

DEVELOPMENT, MINIMUM SIZE

The smallest contiguous area allowed to be developed, including permanent open space or minimum landscaped green space, as part of the construction project, with improvements bonded to be completed within five years.

DISPLACEMENT

See definitions under "vibration."

DISTILLERY

Any use which produces an alcoholic beverage, other than wine or beer, containing 1/2 of 1% or more of alcohol by volume. A site plan shall be required. Distilleries producing 5,000 gallons or less annually must be located on parcels of at least 25 acres, while distilleries producing greater than 5,000 gallons annually must be located on parcels of at least 50 acres. Bus tours shall only be permitted in accordance with § 170-67E.

[Added 1-8-2003]

DISTRICT

(1)

A zoning category into which an area of land is placed (zoning district); or

(2)

A contiguous area of land all in the same zoning category.

DISTRICT, COMMERCIAL ZONING

A CG, HC or CV District.

DISTRICT, INDUSTRIAL ZONING

An I District.

DISTRICT, RESIDENTIAL ZONING

An RR-5, RR-2, RV or MHP District.

DISTRICT, RESOURCE PRESERVATION ZONING

A Conservation (C) or Agriculture (A) District.

DOG KENNEL

See "kennel."

DRIVE-IN ESTABLISHMENT

A place of business so laid out that patrons can be accommodated while remaining in their automobiles or vehicles.

DRIVEWAY

That space or area of a lot that is specifically designated and reserved for the movement of motor vehicles within the lot or from the lot to a public street.

DUSTLESS SURFACE

A surface adequately covered in accordance with good practice, with a minimum of either two applications of bituminous surface treatment, concrete, bituminous concrete or equivalent paving material or four inches of gravel, approved by the Administrator and to be maintained in good condition at all times.

DWELLING

A building, or portion thereof, but not a mobile home, designed or used for residential occupancy. The term "dwelling" shall not be construed to mean a motel, rooming house, hospital or other accommodation used for more or less transient occupancy. See also "dwelling unit."

[Amended 2-2-2015]

DWELLING, MOBILE HOME

(1)

A single-family residential unit generally with all of the following characteristics:

(a)

Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.

(b)

Designed to be transported after fabrication on its own wheels or on a flat bed or other trailer or detachable wheels.

(c)

Arriving at the site where it is to be occupied as a dwelling complete, conventionally designed to include major appliances and furniture and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like.

(d)

Designed for removal to the installation or erection on other sites.

(2)

A "mobile home" shall also include the conversion of any other structure for residential purposes designed to be mobile, whether or not placed on a permanent foundation and whether or not a dwelling unit when transported to the site. Examples include but are not limited to airplanes or parts thereof, railroad cars, trailers, trucks, buses, etc.

(3)

A "mobile home" may include two or more units, separately towable, which when joined together shall have the characteristics as described above. For the purpose of this chapter, a mobile home shall not be deemed a "single-family detached dwelling."

DWELLING, MODULAR UNIT

A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure that will be a finished building in a fixed location on a permanent foundation. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees and other prefabricated supplements incorporated into a structure at the site. For the purpose of this chapter, a modular unit shall be deemed a "single-family dwelling" and shall not be deemed a "mobile home."

DWELLING, MULTIPLE-FAMILY

A residential building containing three or more separate dwelling units located on a single lot or parcel of ground. A "multiple-family dwelling," commonly known as an "apartment house," generally has a common outside entrance(s) for all the dwelling units, and the units are generally designed to occupy a single floor, one above another. For the purpose of this chapter, a "multiple-family dwelling" shall not be construed to mean a "single-family attached dwelling" as defined herein.

DWELLING, SINGLE-FAMILY

A residential building containing only one dwelling unit and occupied by not more than one family. (See also § 170-29.)

DWELLING, SINGLE-FAMILY ATTACHED

A group of two or more single-family dwelling units which are joined to one another by a common party wall, a common floor-ceiling, whether or not such a group is located on a single parcel of ground or on adjoining individual lots. Each unit shall have its own outside entrance(s); architectural facades or treatment of materials shall be varied from one group of units to another; and no more than three abutting units in a row shall have the same front and rear setback, with a minimum setback offset being one foot. For the purpose of this chapter, dwellings such as semidetached garden court dwellings, quadruplexes, triplexes, patio houses and townhouses shall be deemed a "single-family attached dwelling."

DWELLING, SINGLE-FAMILY DETACHED

A single-family dwelling unit which is entirely surrounded by open space or yards on the same lot.

DWELLING UNIT

One or more rooms in a residential building or residential portion of a building which are arranged, designed, used or intended for use as a complete independent living facility for one family, and which includes permanent provisions for living, sleeping, eating, cooking and sanitation.

DWELLING UNIT, ACCESSORY

A dwelling unit located on the same lot as a principal dwelling unit and is accessory thereto as permitted by § 170-62G.

[Added 2-1-2021]

EASEMENT

A grant by a property owner of the use of his land to another party for a specific purpose.

EATING ESTABLISHMENT

Any restaurant, coffee shop, cafeteria, short order cafe, lunchroom, luncheonette, hotel dining room, dinner theater, tavern, sandwich stand, soda fountain or eating place or any other establishment maintained and operated where there is furnished for compensation food or drink of any kind for consumption primarily therein; provided, however, that an "eating establishment" qualified as an automobile-related use shall not be included within the meaning of this definition, and that a snack bar or refreshment stand at a public or nonprofit recreational facility, operated solely by the agency or group of the facility, shall not be deemed to be an "eating establishment." Entertainment which is provided for the enjoyment of the patrons shall be considered accessory to an "eating establishment." For the purpose of this chapter, such uses shall not include "eating establishments, fast-food." Dancing by patrons shall be considered as entertainment which is provided for the enjoyment of patrons, provided that the space made available for such dancing shall not be more than 1/8 of that part of the floor area available for dining. Provisions for dancing made available under this definition shall not be considered a "dance hall."

EATING ESTABLISHMENT, FAST-FOOD

Any restaurant, short order cafe, lunchroom, sandwich stand, eating place or any other establishment maintained and operated where there is furnished for compensation food or drink of any kind, characterized by over-the-counter service of pre-prepared and quickly prepared food, which is ready for consumption either on or off premises. Such uses shall be characterized as being automobile-related and shall include drive-in restaurants.

ELECTRICAL GENERATING PLANT AND FACILITIES

Any plant or facility that generates electricity and is regulated by the Virginia Electric Utility Act (Code of Virginia Title 56, Chapter 23). This use specifically excludes plants and facilities meeting the definition of "electrical generating plant and facilities, renewable energy, small" and "electrical generating plant and facilities, renewable energy, utility." Notwithstanding the use regulations included in § 170-38, due to the potential public health and safety impacts, including distraction, the minimum yard requirement, as defined in § 170-8, "yard," for this use shall be 1,000 feet from all lot lines and any road(s).

[Added 7-7-2021]

ELECTRICAL GENERATING PLANT AND FACILITIES, RENEWABLE ENERGY, SMALL

Any electrical generating plant and facility for which the source of energy used to create electricity is derived directly from the wind or the sun and which facility provides electricity primarily for uses located on the same parcel or adjacent parcel under common ownership. This use specifically includes uses identified by Code of Virginia § 15.2-2288.7. The fact that the facilities are interconnected with a public utility distribution and transmission system for the purpose of net metering as regulated by the Virginia Administrative Code 20 VAC 5-315 shall not disqualify it from being categorized as this use. Equipment and materials comprising this use are considered accessory to the principal use for the purposes of determining applicable use regulations, including, but not limited to, height and placement within defined yards.

[Added 7-7-2021]

ELECTRICAL GENERATING PLANT AND FACILITIES, RENEWABLE ENERGY, UTILITY

[Added 7-7-2021]

ELECTROMAGNETIC RADIATION

Electromagnetic waves utilized in applications for radio, microwave, radar, television and other means of communication. The term shall not include light, X-ray or radioactive emissions.

ENGINEER

A professional who is registered with the State Department of Professional and Occupational Registration as a professional engineer.[2]

FAMILY TRANSFER

The sale or gift to a member of the immediate family of the property owner. Only one such transfer shall be allowed per family member. For the purpose of this chapter, a "member of the immediate family" is defined as any person who is a natural or legally defined offspring, spouse or parent of the owner.

FARM EQUIPMENT SALES, RENTAL AND SERVICE ESTABLISHMENT

Any use of land whereon the primary occupation is the sale, rental or service of vehicles in operating condition and nonvehicular equipment designed specifically for agricultural purposes, whether for use on a farm or in the transportation of farm products or livestock. Nonvehicular equipment shall include equipment for the storage and processing of farm products, but shall not include buildings. For the purpose of this chapter, farm equipment sales, rental and service shall not include sales, rental and service of automobiles, mobile homes or trucks and heavy equipment, as defined herein, but may include farm equipment parts and accessory sales, where installation of parts is a distinct feature of the business, and body and paint work, when ancillary to sales or repair shops.

FARM WINERY

Includes both Category 1 and Category 2 farm wineries.

[Added 1-8-2003]

FARM WINERY RETAIL ESTABLISHMENT

A use which is permitted by Title 4.1 of the Code of Virginia to the holder of either a Class A or Class B Farm Winery license issued by the Alcohol Beverage Control Board which allows the sale of wine for on-premises or off-premises consumption, as well as the delivery and shipment of wine in closed containers.

[Added 1-8-2003]

FENCE

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

FESTIVAL

Any outdoor activity open to the public, where admission is charged or contributions for admission are solicited or accepted, held for the purpose of viewing, hearing or participating in entertainment, including but not limited to musical presentations, parties, dances, concerts, plays or similar activities. Any outdoor activity open to the public, whether with or without admission being charged, and with or without entertainment, sponsored by a distillery, winery, farm winery or brewery where wine, beer or any other type of alcoholic beverage will be consumed shall be deemed a festival. A festival shall not include the foregoing activities if conducted on the porch, deck or patio of an eating establishment.

[Amended 1-8-2003]

FIELD PARTY

See "festival."

[Amended 1-8-2003]

FINANCIAL INSTITUTION

Any building wherein the primary occupation is concerned with such state-regulated businesses as banking, savings and loans, loan companies and investment companies.

FLEA MARKET

Any indoor or outdoor facility for the renting of space for the sale of used merchandise.

FLOOD

A general and temporary inundation of normally dry land areas.

FLOOD, ONE-HUNDRED-YEAR

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

FLOODPLAIN

(1)

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

(2)

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

FLOOR AREA, GROSS

The sum of the total horizontal areas of the several floors of all buildings on lots, measured from the interior faces of exterior walls. The term "gross floor area" shall include basements, elevator shafts and stairwells at each story; floor space used for mechanical equipment with structural headroom of six feet six inches or more; penthouses; attic space, whether or not a floor has actually been laid, providing structural headroom of six feet six inches or more; and interior balconies and mezzanines.

(1)

The "gross floor area" of structures devoted to bulk storage of materials, including but not limited to grain elevators and petroleum storage tanks, shall be computed by counting each 10 feet of height or fraction thereof as being equal to one floor.

(2)

The term "gross floor area" shall not include cellars or outside balconies which do not exceed a projection of six feet beyond the exterior walls of the building. Parking structures below or above grade and rooftop mechanical structures are also excluded from "gross floor area."

FOOTCANDLE

See definition under "glare."

FOOTLAMBERT

See definition under "glare."

FREQUENCY

See definition under "vibration."

FRONT YARD

See "yard, front."

FRONTAGE

The distance along which a lot abuts a public or private street.

FUNERAL HOME

A building or part thereof used for human funeral services. Such building may contain space and facilities for embalming and the performance of other services used in the preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns and other related funeral supplies; and the storage of funeral vehicles. The building shall not include facilities for cremation.

GARAGE

An accessory building or part of a principal building used only for the storage of passenger vehicles in operating condition as an accessory use and having no provision for repairing or servicing such vehicles for profit.

GASOLINE STATION

See "service station."

GLARE

(1)

A sensation of brightness within the visual field which causes annoyance, discomfort or loss of visual performance and visibility.

(2)

The following terms are defined as they relate to the provisions of Article XIII:

(a)

CANDLEThe luminous intensity of one standard candle.

(b)

FOOTCANDLE

[1]

The unit of illumination.

[2]

The illumination on a surface one square foot in area where there is a uniform distribution of light having a candlepower of one candela.

(c)

FOOTLAMBERTA unit of brightness equal to the brightness of a uniform diffusing surface which emits or reflects one lumen per square foot.

(d)

ILLUMINATIONThe density of luminous energy falling upon a surface, usually measured in footcandles.

(e)

INTRINSICALLY BRIGHT SOURCESA source of light of extremely high intensity.

(f)

PHOTOMETERAn instrument for measuring the intensity of light.

(g)

WATTA unit of electrical power.

GRADE

The point at which the preponderance of a building's exterior walls meet the finished ground level.

[Amended 7-6-1994[3]]

HEIGHT, BUILDING

The vertical distance between the grade and the highest point of a building's roof.

HOME WINERY and HOME BREWERY

Uses conducted in private residences, or in buildings associated therewith, which produce small amounts of beer or wine not for sale, and which are not subject to licensure under Title 4.1 of the Code of Virginia.

[Added 1-8-2003]

HORSE SHOW

The exhibiting, judging, showing or racing of horses at a frequency greater than one a year where more than 100 spectators are reasonably anticipated.

HOSPITAL

Any institution receiving inpatients and rendering medical, surgical or obstetrical care, including general hospitals and institutions specializing in cardiac, eye, ear, nose, throat, pediatric, orthopedic, skin and cancer and obstetric care.

HOTEL or MOTEL

In Commercial General CG, Industrial I and Highway Commercial HC zones, a building or portion thereof or a group of buildings which provide sleeping accommodations in six or more separate units or rooms for transients on a daily, weekly or similar short-term basis, whether such establishment is designated as a "hotel," "inn," "automobile court," "motel," "motor inn," "motor lodge," "tourist cabin," "tourist court," "tourist home" or otherwise. A "hotel" or "motel" shall also be deemed to include any establishment which provides residential living accommodations on a more or less permanent basis, such as an apartment hotel. It shall not include business or sales from rooms.

[Amended 2-4-1991]

ILLUMINATION

See definition under "glare."

IMPACT

See definition under "vibration."

IMPACT NOISE

See definition under "noise."

IMPACT NOISE ANALYZER

See definition under "noise."

INOPERABLE VEHICLE

Any motor vehicle, trailer, semitrailer, or bus which is inoperable but which is economically infeasible to restore to operable condition or any motor vehicle, trailer, semitrailer or bus whose license plate and/or required inspection sticker has expired.

INTERMENT USES

The burial of the remains of humans or animals, to include mausoleum, columbarium, cemetery, memorial garden and crematorium.

JUNK VEHICLE

Any motor vehicle, trailer, semitrailer or bus which is inoperable and which, by virtue of its condition, cannot be restored economically to operable condition or any motor vehicle, trailer, semitrailer or bus which has no license plate displayed or if the license plate displayed has been invalid for more than six months, excluding farm vehicles which do not require the same.

JUNKYARDS

The use of any space outside a building for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials; or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof, provided that this definition shall not apply to outside storage as permitted as an accessory use under the provisions of § 170-70B. A "junkyard" shall also mean an "automobile graveyard" as defined herein.

KENNEL

Any place so designed that dogs, cats and other household pets cannot escape and where any number of animals are kept for the purpose of sale, rental, boarding, breeding, hire as guard dogs on other property or for any commercial purpose or economic venture, or for animals in excess of five over one year in age in a pet shop or an animal shelter as defined herein.

LANDING STRIP

A noncommercial private facility for use by owner and guests to land helicopters or fixed wing aircraft.

LANDSCAPE ARCHITECT

A professional who is registered in one or more states as a landscape architect or is a member of the American Society of Landscape Architects.

LANDSCAPING

The improvements of a lot with grass, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may include pedestrian walks, flower beds and ornamental objects, such as fountains, statues and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.

LAND SURVEYOR

An individual who is registered with the State Department of Professional and Occupational Registration as a land surveyor.

LIBRARY

The Rappahannock County Public Library or any branch thereof.

[Added 9-19-1988]

LIVESTOCK

Animals, especially farm animals, raised for use, profit or enjoyment, including horses, ponies, buffalo, cattle, sheep, swine, goats and other similar domesticated animals.

LOADING SPACE

Off-street space designed in accordance with the provisions of Article X for the loading or unloading of goods.

LOT

A parcel of land under single ownership. For purposes of residential lot development, a "lot" includes all contiguous holdings under single ownership.

LOT AREA

The total horizontal area included within the lot lines of a lot.

LOT BOUNDARY

Same as "lot line" as defined herein.

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135º.

LOT DEPTH

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

LOT LINE

Any boundary line of a lot as defined herein. Where applicable, a "lot line" shall coincide with a street line. Where a "lot line" is curved, all dimensions related to said "lot line" shall be based on the chord of the arc.

LOT LINE, FRONT

A street line which forms a boundary of a lot, except in the case of public or private streets that bisect property, where the front lot line shall be measured from the center line of the public or private street.

[Amended 6-2-2008]

LOT LINE, REAR

That lot line that is most distant from and is most nearly parallel with the front lot line. If a rear line is less than 10 feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a ten-foot line parallel to the front lot line, lying wholly within the lot.

LOT LINE, SIDE

A lot line which is neither a front lot line or a rear lot line as defined herein.

LOT, NONCONFORMING

Any recorded lot, parcel or tract of land which by virtue of its area, size, shape or configuration fails to meet the requirements of this chapter.

[Added 4-6-1987]

LOT, REGULAR-SHAPED

A lot which approximates a rectangle.

LOT, REVERSE FRONTAGE

A through or corner lot intentionally designed so that the front lot line faces a local street rather than facing a parallel major thoroughfare.

LOT SIZE REQUIREMENTS

Restrictions on the minimum size and dimensions of a lot in a given zoning district.

LOT, THROUGH

An interior lot (not a corner lot) abutting on two or more public or private streets not including an alley. For the purpose of this chapter, a "through lot" shall be subject to the regulations of an interior lot.

[Amended 6-2-2008]

LOT WIDTH

(1)

The distance between the side lot lines, measured in one of the following manners, whichever is applicable:

(a)

In the case of a regular-shaped lot, the width shall be measured along the front lot line; or

(b)

In the case of an irregular-shaped lot, the width shall be the average distance between the side lot lines, with the distances to be measured at ten-foot intervals beginning at the front lot line; or

(c)

In the case of a pipestem lot, the pipestem shall not be considered as part of the lot in determining the lot's width, in accordance with (a) or (b) above; or

(d)

In the case of a lot which has a curvilinear front lot line, the width shall be measured from a line tangent to the required minimum front yard line at its midpoint in the lot.

(2)

In addition to the above manners of measurement, in no instance shall the dimensions of a lot along a line parallel to the front lot line and lying at a distance therefrom equal to the proposed front yard be less than the minimum "lot width" required for the zoning district in question.

MANUFACTURED HOME (by FEMA guidelines)

A structure, 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 the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.

MANUFACTURED HOME PARK/SUBDIVISION (by FEMA guidelines)

A parcel or contiguous parcel of land divided into two or more manufactured home lots for rent or sale.

MARINA

A facility designed and operated for profit or operated by any club or organized group where hull and engine repairs, boat and accessory sales, packaged food sales, restaurants, fueling facilities, boat storage or any combination of these are provided.

MEAT PROCESSING/SLAUGHTERHOUSE

Any establishment at which inspection of the slaughter of livestock or the preparation of game or livestock that involves the slaughtering, canning, salting, stuffing, rendering, boning, cutting up, or otherwise manufacturing or processing of any game or "meat food product" as defined in Title 3.2, Subtitle IV, Chapter 54, Article 1, § 32.5400 et seq. of the Code of Virginia.

[Added 2-1-2021]

MEDICAL CARE FACILITY

Any institution, place, building or agency, whether licensed or required to be licensed by the State Board of Health or the State Hospital Board, in which facilities are maintained, furnished, conducted, operated or offered for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, whether medical or surgical, of two or more nonrelated mentally or physically sick or injured persons; or for the care of two or more nonrelated persons requiring or receiving medical, surgical or nursing attention or service as acute, chronic, convalescent, aged, physically disabled or crippled, including but not limited to a general hospital, sanatorium, sanitarium, nursing home, intermediate care facility, extended care facility, health maintenance organization, mental hospital, mental retardation facility, medical school and other related institutions and facilities, whether operated for profit or nonprofit and whether privately owned or operated by a local government unit. This term shall not include a physician's office or a first-aid station for emergency medical or emergency surgical treatment.

MOBILE HOME

See "dwelling, mobile home."

MOBILE HOME ACCESSORY STRUCTURE

Any of the following structures, not to exceed the respective areas shown, when located on a mobile home space: porches (200 square feet), carports (300 square feet), sheds (150 square feet) and entry vestibules (100 square feet).

MOBILE HOME PARK

Any area of 10 acres or more, however designated, that is occupied or designed for occupancy by one or more mobile homes. The term "mobile home park" does not include a sales lot on which unoccupied mobile homes, whether new or used, are parked for the purpose of inspection and sale.

MOBILE HOME SALES, RENTAL AND SERVICE ESTABLISHMENTS

Any use of land whereon the primary occupation is the sale, rental or service of mobile homes in such condition that they are habitable and capable of movement on public streets. For the purpose of this chapter, "mobile home sales, rental and service establishments" shall not include sales, rental, service or storage of any other types of vehicle or equipment, including travel trailers, or manufacturing of mobile homes, but may include mobile home parts and accessory sales and installations or mobile home repair.

MOBILE HOME SPACE

An area within a mobile home park designed to accommodate one mobile home; it is not a "lot" as defined herein.

MODULAR UNIT

See "dwelling, modular unit."

MOTEL

See "hotel."

MOTOR FREIGHT TERMINAL

A building or area in which freight brought by truck is assembled and/or stored for routing and/or storage of motor vehicles, but not to include the dismantling, wrecking or sale of said vehicles or parts thereof.

MULTIPLE-FAMILY DWELLING

See "dwelling, multiple-family."

MUSEUM

Any use the primary purpose of which is the exhibition of objects of lasting interest or value; such use may include the sale of items related to the objects exhibited in the facility, such as copies, prints or books, if such sales are clearly secondary and subordinate to the primary use of exhibition.

NOISE

(1)

A subjective description of an undesirable or unwanted sound.

(2)

The following items are defined as they relate to the provisions of Article XIII:

(a)

DECIBLEA unit which describes the sound pressure level or intensity of sound. The sound pressure level in "decibles" is 20 times the logarithm to the base ten of the ratio of the pressure of the second in microbars to a reference pressure of 0.0002 microbar.

(b)

IMPACT NOISERelatively short duration noises generally produced by the striking of two or more objects so as to be heard as separate distinct noises.

(c)

IMPACT NOISE ANALYZERAn instrument which measures the peak sound pressure of an impact noise and meets the standards of the American National Standards Institute of the International Electrotechnical Commission.

(d)

OCTAVE BAND ANALYZERAn instrument to measure the octave band composition of a sound by means of a bandpass filter. It shall meet the specifications of the American National Standards Institute and should be calibrated in the preferred frequencies (ANSI S1.4-1961, ANSI S1.6-1967 and ANSI S1.11-1966).

(e)

PREFERRED CENTER FREQUENCYThe octave band designated by a single number which corresponds to its geometric center frequency. Nine octave bands cover the entire range of frequencies of interest in industrial noise and are described in the American National Standards Institute Standard No. S1.6-1967.

(f)

SOUNDFluctuations of atmospheric pressure which are audible to persons.

(g)

SOUND LEVEL METERAn instrument to measure the overall sound pressure level. It shall comply with the applicable specifications of the American National Standards Institute (ANSI S1.4-1961).

NONCONFORMING BUILDING OR USE

A building or use, lawfully existing on the effective date of this chapter or before prior ordinances, which does not conform to the regulations of the zoning district in which it is located, except as may be qualified by Article VIII of this chapter.

NURSERY, PLANT

An area or establishment where trees, shrubs or plants are grown for sale for purposes of being transplanted or for use as stocks for budding and grafting.

NURSERY SCHOOL

Any place, however designated, operated for the purpose of providing training, guidance, education or care for four or more children under six years of age.

OCCUPANCY LOAD

The number of individuals normally occupying a building or part thereof or for which the existing facilities have been designated.

OCTAVE BAND ANALYZER

See definition under "noise."

OFFICE

A room, studio, suite or building in which a person transacts his business or carries on his stated occupation, further defined in some provisions as "business office" and "professional office." For the purpose of this chapter, an office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repairing or storage of materials, goods and products; or the sale and delivery of any materials, goods or products which are physically located on the premises. An "office" shall include a veterinary clinic.

(1)

OFFICE, BUSINESSAny room, studio, suite or building wherein the primary use is the conduct of a business, such as accounting, correspondence, research, editing, administration or analysis; or the conduct of a business by salesmen, sales representatives or manufacturer's representatives.

(2)

OFFICE, PROFESSIONALAny room, studio, clinic, suite or building wherein the primary use is the conduct of a business by professionals, such as engineers, architects, land surveyors, writers, artists, musicians, lawyers, accountants, real estate brokers, insurance agents, dentists or physicians, urban planners and landscape architects, but specifically excluding veterinarians.

OFF-SITE

Any area outside the boundary of a lot.

OFF-STREET LOADING SPACE

See "loading space."

ONE OWNERSHIP

Possession of land under single or unified control, whether by sole, joint, common or other ownership, or by a lessee having a term of not less than 30 years.

ON-SITE

That area which is within the boundary of a lot.

ORDINANCE

The Rappahannock County Zoning Ordinance.

OWNER

Any person who has legal title to the land in question or the lessee to the land in question having a remaining term of not less than 30 years.

PARK FACILITIES (GOVERNMENTAL/CIVIC), NONATHLETIC

A piece of ground provided for use by the public and kept for ornament or recreation. For the purpose of this chapter, such uses shall not include facilities for sports or athletic activities or camping, but may include areas for picnicking, walking and riding horses and bicycles.

PARKING, COMMERCIAL OFF-STREET

Any space, whether required by the provisions of this chapter, specifically allotted to the parking of motor vehicles as an accessory use. For the purpose of this chapter, such space shall not be located in a dedicated right-of-way, a travel lane, a service drive or on any easement for public ingress and egress.

PARKING SPACE

A designated off-street parking area which is available and usable for the parking of one motor vehicle. Such space shall be of a size and design as required by the provisions of Article IX.

PARCEL

See "lot."

PARTICLE VELOCITY

See definition under "vibration."

PERSON

A public or private individual, group, company, firm, corporation, partnership, association, society, joint-stock company or any other combination of human beings, whether legal or natural.

PHOTOMETER

See definition under "glare."

PLACE OF WORSHIP

A public place of worship, including churches, temples, synagogues and other similar "places of worship." It includes cemeteries on the same lot as an accessory use, but does not include camps, retreats, schools or other use covered in Article IV as determined by the Administrator.

POOL/BILLIARDS/AMUSEMENT ARCADE FACILITY

Any business offering for use pool or billiard tables or equipment for similar games and/or amusement, such as pinball machines or video games, where more than 10% of the public space is used or where more than three video games are located.

PORCH

Any veranda, gallery, terrace, piazza, portico or similar projection from a main wall of a building and covered by a roof, other than a carport, as defined herein. An "unenclosed porch" is a porch with no side enclosure (except screens) that is more than 18 inches in height other than the side of the building to which the porch is attached.

PREFERRED CENTER FREQUENCY

See definition under "noise."

PRIMARY HIGHWAY

See "street, primary highway."

PRINCIPAL BUILDING

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

PRINCIPAL USE

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

PRIVACY YARD

See "yard, privacy."

PRIVATE CLUB

An association organized and operated on a nonprofit basis for persons who are bona fide members paying dues, which association owns or leases the premises, the use of which premises is restricted to such members and their guests, and which manages the affairs of such association by and through a board of directors, executive committee or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided that adequate dining room space and kitchen facilities are available.

PRIVATE STREET

See "street, private."

PROCESSING, STORAGE AND SALE OF AGRICULTURAL PRODUCTS GROWN ON PREMISES

This use shall allow the processing, storage and wholesale of agricultural products grown or collected either on the parcel where the products are processed, stored or sold, or on a contiguous parcel under the same ownership. This use shall also allow the sale to the public of such agricultural products on a pick-your-own basis or at a seasonal wayside stand. The following uses, though they may also meet the requirements stated in this definition, shall be governed by the specific definitions and regulations provided for them elsewhere in this chapter: winery, farm winery, home winery, brewery, home brewery, distillery. This use shall include the right to conduct sales to the public of agricultural products grown on premises from a building used for the storage or processing of agricultural products grown on premises, or for the storage and maintenance of equipment, or for other permitted farming activities, if the area devoted to sales to the public does not exceed 250 square feet. “Grown on premises” means the fruit or other agricultural products are grown, raised, harvested or collected on the same parcel of land where the use occurs, or on a contiguous parcel under the same ownership.

[Added 1-8-2003]

PROFESSIONAL OFFICE

See "office, professional."

PROFIT

The charging of admission, fees or rental on a continuing or intermittent basis.

[Added 7-6-1994[4]]

PUBLIC STREET

See "street, public."

PUBLIC USE

Any area, building or structure held, used or controlled exclusively for public purposes by a department or branch of the government, without reference to the ownership of the buildings or structure or of the realty upon which it is situated.

PUBLIC UTILITY

A business or service having an appropriate franchise from the state which is engaged in regularly supplying the public with some commodity or service which is of public consequence and needs, such as electricity, gas, water, transportation or communications.

QUASI-PUBLIC USES

Any use which is essential to the public or in common use, even though it is under private ownership or control.

REAR YARD

See "yard, rear."

REPAIR SHOP

Any building wherein the primary occupation is the repair and general service of common home appliances, such as musical instruments, sewing machines, televisions and radios, washing machines, vacuum cleaners, power tools, electric razors, refrigerators and lawnmowers not exceeding 16 horsepower, or any building wherein the primary occupation is interior decorating to include reupholstering and the making of draperies, slip covers and other similar articles, but not to include furniture or cabinetmaking establishments.

RESIDENTIAL CARE FACILITY, MAJOR

A facility to provide resident services and twenty-four-hour supervision for greater than five persons.

RESIDENTIAL CARE FACILITY, MINOR

A facility to provide resident services and twenty-four-hour supervision for up to five persons.

RESIDENTIAL LOT DEVELOPMENT

The division of any lot, parcel or tract of land, or contiguous tracts of land, for purpose of transfer of ownership (excepting boundary adjustments and exchanges between adjacent landowners as defined in Chapter 147, Subdivision of Land, of the Rappahannock County Code), lease or construction, whether immediate or future, such that any lot or parcel consists of less than 50 acres.

[Amended 8-1-1988[5]]

RESTAURANT

See "eating establishment."

RETAIL SALES

The sales of goods, merchandise and commodities for use or consumption by the immediate purchaser.

RETAIL SALES ESTABLISHMENT

Any building wherein the primary occupation is the sale of merchandise in small quantities, in broken lots or parcels and not in bulk, for use or consumption by the immediate purchaser. For the purpose of this chapter, however, "retail sales establishments" shall not be interpreted to include motor vehicle related uses and "eating establishments" as defined herein.[6]

REVERSE FRONTAGE LOT

See "lot, reverse frontage."

ROAD

See "street."

SANITARY LANDFILL

Any land upon which putrescible filling material, consisting in whole or in part of garbage, refuse, trash, rubbish or any other solid waste, is dumped, thoroughly compacted and promptly covered with earth or other suitable material under constant supervision in such manner as will prevent the entrance of rodents or other vermin, the breeding of insects, the escape of odors and the outbreak of fire.

SAWMILL, COMMERCIAL

A mill other than a custom sawmill.

SAWMILL, CUSTOM

A mill in which most of the product is sawed for retail sales and does not employ more than five persons in the on-site operations.

SCHOOL, PRIMARY

A public, private or parochial school for the purpose of providing education for children of less than 15 years of age, but not including other schools defined herein or riding schools.

SCHOOL, SECONDARY

A public, private or parochial school for the purpose of providing education through the high school level (twelfth grade), but not including technical school, college or university. However, "secondary schools" shall for the purpose of this chapter include technical schools operated by the County.

SCHOOL, TECHNICAL

A school primarily devoted to giving instruction in vocational, professional, musical, dramatic, artistic, dancing, nursing, secretarial, linguistic, scientific, religious or other special subjects.

SCHOOL, TECHNICAL, INDOOR

A technical school in which all instruction, practice, demonstration and other related activities are conducted within a building(s), including automobile driving schools where all practice and demonstration is conducted on VDOT maintained highways.

[Amended 2-1-2021]

SCHOOL, TECHNICAL, OUTDOOR

A technical school in which all or part of the instructions, demonstrations, practice and other related activities are conducted outdoors, including but not limited to instruction in the operation of vehicles and heavy equipment.

SEASONAL WAYSIDE STAND

This use shall allow the sale from a structure to the public of crafts and agricultural products grown or collected on the parcel on which the stand is located, or on a contiguous parcel under the same ownership, and crafts. The stand shall have direct access to a public road and be on one ground floor which shall not exceed 250 square feet. The stand shall not provide facilities for on-premises food consumption by the public nor for public seating, but may provide overhead shelter of customers while they are inspecting or purchasing goods. The stand shall be open to the public on at least one side, which may be by way of doors or other openings in a wall. The stand shall be closed at least three months of the year. The stand may be of a permanent or nonpermanent construction.

[Added 1-8-2003]

SEASONAL WAYSIDE STAND (OFF-SITE)

This use shall allow the sale from a structure to the public of agricultural products and crafts. The stand shall have direct access to a public road and be on one ground floor which shall not exceed 250 square feet. The stand shall not provide facilities for on-premises food consumption by the public nor for public seating, but may provide overhead shelter of customers while they are inspecting or purchasing goods. The stand shall be open to the public on at least one side, which may be by way of doors or other openings in a wall. The stand shall be closed at least three months of the year. The stand may be of a permanent or nonpermanent construction.

[Added 1-8-2003]

SEISMOGRAPH

See definition under "vibration."

SERVICE DRIVE

See "street, service drive."

SERVICE STATION

(1)

Buildings and premises, including not more than three interior service stalls, wherein the primary use is the supply and dispensation at retail of gasoline, oil, grease, batteries, tires and motor vehicle accessories and where the following services may be rendered and sales made as accessory and incidental to the primary occupation:

(a)

Sales and servicing of spark plugs, batteries and distributors and distributor parts.

(b)

Tire servicing and repair, but no recapping or regrooving.

(c)

Sales and servicing of mufflers and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like.

(d)

Washing and polishing and sale of automotive washing and polishing materials.

(e)

Greasing, lubrication and radiator flushing.

(f)

Minor servicing and repair of carburetors, fuel pumps, oil pumps, water pumps and lines.

(g)

Emergency wiring repairs.

(h)

Adjusting and repairing brakes.

(i)

Minor motor adjustments not involving removal of the head or crankcase or removing the motor.

(j)

Sales of cold drinks, packaged foods, tobacco and similar convenience goods for service station customers, but only when sales are conducted inside the principal building.

(k)

Provision of road maps and other informational material to customers and provision of restroom facilities.

(2)

Uses permissible at a "service station" do not include major mechanical and body work, straightening of body parts, painting, welding or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations.

(3)

A "service station" shall not be interpreted to include a facility having more than three interior service stalls, which shall be deemed a "vehicle sale, rental and service establishment," and, for the purpose of this chapter, any combined service stationcar wash facility shall be deemed a "car wash."

SETBACK

In this chapter, the term "setback" is not used, as such term represents a distance that is established in like manner as that for a yard. (see "yard.")

SEWAGE TREATMENT FACILITY

A facility which uses physical, chemical and/or biological processes to remove contaminants from wastewater, rendering it suitable for reuse or discharge into the environment. A sewage treatment facility shall not include such processes permitted as a matter of right by the Virginia Department of Health and/or Virginia Department of Environmental Quality.

[Added 7-7-2010]

SHOPPING CENTER

Any group of two or more commercial uses which:

(1)

Are designed as a single commercial group, whether located on the same lot;

(2)

Are under common ownership or management;

(3)

Are connected by party walls, partitions, canopies or other structural members to form one continuous structure or, if located in separate buildings, are interconnected by walkways and accessways designed to facilitate customer interchange between the uses;

(4)

Share a common parking area; and

(5)

Otherwise present the appearance of one continuous commercial area.

SHRUB

A woody plant that usually remains low and produces shoots or trunks from the base; it is not usually tree-like or single-stemmed.

SIDE YARD

See "yard, side."

SIGN

See Article XII for a definition of signs of all types and other terms pertaining thereto.

SINGLE-FAMILY DWELLING

See "dwelling, single-family."

SITE PLAN

A required submission, prepared and approved in accordance with the provisions of Article XIV, which is a detailed engineering drawing of the proposed improvements required in the development of a given lot.

SOCIAL, FRATERNAL, CIVIC, PUBLIC BENEFIT AND SIMILAR ORGANIZATIONS

Associations organized and operated on a nonprofit basis for persons who are bona fide members, which association owns or leases premises, the use of which premises is restricted to such association by and through a board of directors, executive committee or similar body chosen by the members. Such uses do not include fire company or rescue squad buildings which house emergency vehicles. Food, meals and beverages may be served on such premises, provided that adequate dining room space and kitchen facilities are available.

SOIL

The surface covering of the land, not including the minerals beneath it or the vegetation upon it.

SOUND

See definition under "noise."

SOUND LEVEL METER

See definition under "noise."

SPA

Any premises, place of business or membership club providing facilities for health, beauty, and relaxation that deals with cosmetic, therapeutic massage, and/or holistic treatments where people visit for professionally administered personal care treatments.

[Added 2-1-2021]

SPACE, MOBILE HOME

See "mobile home space."

SPECTATOR SPORTS

Refers to facilities in which sports matches are played and/or performances conducted which persons attend to watch and for which a fee is customarily paid. Nonspectator facilities are those in which most of the persons present participate in the activities conducted therein.

STABLE, RIDING/BOARDING

A structure and/or use of land where horses or ponies are kept, maintained, and/or boarded for profit, or rented to the general public, or made available to members of a private club, or where horses or ponies are boarded for the convenience of their absentee owners. Exercise rings and show rings shall be considered uses accessory to the use of the premises of a stable.

STEADY STATE

See definitions under "vibration."

STORY

The part of any building comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams. A basement shall be counted as a "story" if the ceiling is more than six feet above the ground or if it is used for business purposes other than storage or for dwelling purposes by other than a janitor or watchman.

STREET

A strip of land intended for vehicular or pedestrian traffic and providing the principal means of access to property, including but not limited to road, lane, drive, avenue, highway, boulevard or any other thoroughfare.

STREET, CUL-DE-SAC

See "cul-de-sac."

STREET, INTERSTATE

A street so designated in the Comprehensive Plan.

STREET LINE

The dividing line between a street and a lot; the same as a right-of-way line of a public street or the curbline of a parking bay, travel lane or private street.

STREET, LOCAL COLLECTOR

A street so designated in the Comprehensive Plan.

STREET, MAJOR COLLECTOR

A street so designated in the Comprehensive Plan.

STREET, MAJOR THOROUGHFARE

A street so designated in the Comprehensive Plan.

STREET, PRIMARY HIGHWAY

Any street so classified by the Virginia Department of Transportation bearing a route number less than 600.

[Amended 2-1-2021]

STREET, PRIVATE

A street, dedicated by deed of easement and/or designation on a recorded survey, when same is not maintained by the Virginia Department of Transportation and is not now a component of the state primary or secondary system

[Amended 6-2-2008]

STREET, PUBLIC

A platted street, dedicated for the use of the general public, and graded and paved in order that every person has the right to pass and to use it at all times, for all purposes of travel, transportation or parking to which it is adapted and devoted and currently or formerly maintained by the Commonwealth of Virginia.

[Amended 6-2-2008]

STREET, SECONDARY HIGHWAY

Any street so classified by the Virginia Department of Transportation bearing a route number of 600 or greater.

[Amended 2-1-2021]

STREET, SERVICE DRIVE

A public street, paralleling and contiguous to a major thoroughfare, designed primarily to promote safety by providing free access to adjoining property and limited access to major thoroughfares. All points of ingress and egress are subject to approval by the appropriate County authorities and the Virginia Department of Transportation.

[Amended 2-1-2021]

STREET, TRAVEL LANE

A right-of-way commonly but not always located on the front of a lot, providing access from one lot to another and serving the same function as a service drive, but not necessarily a public street.

STRUCTURAL ALTERNATIVE

A change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height; or the moving from one location or position to another.

STRUCTURE

That which is built or constructed. The term "structure" shall be construed as though followed by the words "or parts thereof."

SUBDIVISION

The land subdivided as defined in Chapter 147, Subdivision of Land, and, when appropriate in the context, the process of subdividing or resubdividing.

(1)

SUBDIVISION, SUBSTANDARDAs defined in Chapter 147, Subdivision of Land, a subdivision heretofore recorded, within which may exist one of the following elements:

(a)

Fifty percent or more of the lots therein contain either an area or width less than the area or width required by current provisions of this chapter;

(b)

It is served by a public street providing less than 50 feet of right-of-way;

(c)

It contains lots with a depth of three times or more than that of the width thereof;

(d)

It contains street alignment or gradients incompatible with existing topography to the extent that such alignment or gradients do not conform to standards adopted by the County relative thereto or to the provisions of this chapter;

(e)

It contains entire lots or streets located within a floodplain area; or

(f)

It contains street elevations which, when related to the elevations of lots adjacent thereto, are such as do not conform to standards adopted by the County relative thereto or to the provisions of Chapter 147, Subdivision of Land.

SURVEYOR

See "land surveyor."

TEMPORARY FAMILY HEALTH CARE STRUCTURES

A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that 1) is primarily assembled at a location other than its site of installation, 2) is limited to one occupant who shall be the mentally or physically impaired person, 3) has no more than 300 gross square feet, and 4) complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.).

[Added 7-7-2010]

THEATER

A building or structure designated for the enactment of dramatic performances and/or showing of motion pictures. For the purpose of this chapter, a dinner theater shall be deemed an "eating establishment" and a drive-in motion-picture theater shall be deemed a separate and distinct use.

TOURIST HOME

A transient lodging that accommodates not more than 10 persons in not more than five rooms/lodging units and:

[Amended 8-4-1997; 2-1-2021[7]]

(1)

Is rented in its entirety (not by lodging unit) to a single party of guests;

(2)

Does not have a resident manager; and

(3)

Serves no meals.

TRANSIENT LODGING

Lodging in which guest rooms are occupied for less than 30 consecutive days.

[Added 2-1-2021]

TRAVEL LANE

See "street, travel lane."

TRAVEL TRAILER

A vehicular, portable structure built in a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use; with the manufacturer's permanent identification "travel trailer" thereon; and when factory-equipped for the road, being of any length, provided that its gross weight does not exceed 4,500 pounds, or being of any weight, provided that its overall length does not exceed 29 feet. For the purpose of this chapter, a "travel trailer" shall not be deemed a "mobile home."

TRUCK AND HEAVY EQUIPMENT SALES, RENTAL AND SERVICE ESTABLISHMENT

Any use of land whereon the primary occupation is the sale, rental or service of trucks, buses and heavy equipment in operating condition, including earth-moving, well-drilling and construction equipment and cranes. For the purpose of this chapter, truck and heavy equipment sales, rental and service establishments shall not include "automobile or mobile home sales, rental and service," but may include "farm equipment, sales, rental and service," as defined herein, and the service of vehicles and equipment shall not be interpreted to include a service station, but may include diagnostic centers, truck and heavy equipment parts and accessories shops where installation of parts is a distinct feature of the business and body paint, when ancillary to sales, rental and repair.

USE

Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a structure or on a tract of land.

USE, ACCESSORY

See "accessory use."

USE, NONCONFORMING

See "nonconforming use" and Article VIII.

USE, PUBLIC

See "public use."

VEHICLE, INOPERABLE

See "inoperable vehicle."

VEHICLE SALE, RENTAL AND SERVICE ESTABLISHMENTS

Any use of land whereon the primary occupation is the sale, rental and ancillary service of any vehicle in operating condition, such as an automobile, motorcycle, trailer, ambulance, taxicab, recreational vehicle, mobile home or boat. For the purpose of this chapter, "vehicle sale, rental and service establishments" shall not include the storage of trucks of more than 1 1/2 tons in weight or buses, and the service of any vehicle shall not be interpreted to include a service station having fewer than four interior service stalls, but may include automobile diagnostic centers, auto parts and accessory shops where installation of parts is a distinct feature of the business; and may include auto body, paint or repair shops and rental establishments where ancillary to sales.

VETERINARY CLINIC

A facility rendering surgical and medical treatment to animals and having no limitation on overnight accommodations for such animals.

VIBRATION

(1)

A reciprocating movement transmitted through the earth, both in horizontal and vertical planes.

(2)

The following terms are defined as they relate to the provisions of Article XIII:

(a)

ACCELERATIONThe rate of change of particle velocity.

(b)

AMPLITUDEThe maximum displacement of the earth from the normal rest position. "Amplitude" is usually reported as inches or miles.

(c)

DISPLACEMENTThe amount of motion involved in earthborne vibration. It is referred to as the normal rest position of the earth and is, therefore, one-half ( 1/2) of the total excursion for a steady state vibration. "Displacement" is usually reported in inches or decimal fractions of an inch.

(d)

FREQUENCYThe number of times that a displacement completely repeats itself in one second of time. Frequency is designated in hertz (Hz).

(e)

IMPACTAn earthborne vibration generally produced by two or more objects striking each other so as to cause separate and distinct pulses.

(f)

PARTICLE VELOCITYA characteristic of vibration that depends on both displacement and frequency. If not directly measured, it can be computed by multiplying the frequency by the amplitude times the factor of 6.28. The "particle velocity" will be in inches per second when the frequency is expressed in cycles per second and the amplitude is in inches.

(g)

SEISMOGRAPHAn instrument which measures vibration characteristics simultaneously in three mutually perpendicular planes. The "seismograph" may measure amplitude and frequency and particle velocity or acceleration.

(h)

STEADY STATEA vibration which is continuous, as from a fan, compressor or motor.[8]

WHOLESALE SALES

The sale of goods, merchandise and commodities in gross, primarily for purposes of resale.

WHOLESALE TRADE ESTABLISHMENT

Any building wherein the primary occupation is the sale of merchandise in gross for resale, and any such building wherein the primary occupation is the sale of merchandise to institutional, commercial and industrial consumers.

WHOLESALE TRADE ESTABLISHMENT WITH ASSOCIATED RETAIL SALES

A wholesale sales facility in which retail sales are ancillary to the primary use and not more than 5% of the gross floor area.

WIDTH, LOT

See "lot width."

WINDOW SIGN

See "sign, window."

WINE

An alcoholic beverage produced by the fermentation of the natural sugar content of fruits or other agricultural products, including honey and milk.

[Added 1-8-2003]

WINERY

A use wherein wine is produced and which is not a farm winery or a home winery. A winery shall hold a winery or farm winery license from the Alcoholic Beverage Control Board. All uses allowed to wineries and farm wineries by Title 4.1 of the Code of Virginia shall be permitted if the proper state licenses have been issued. A site plan shall be required. Bus tours shall only be permitted in accordance with § 170-68C.

[Added 1-8-2003]

YARD

Any open space on the same lot with a building or building group lying between the building or building group and the nearest lot line, unobstructed from the ground upward and unoccupied except by specific use and structures allowed in such open space by the provisions of this chapter. On any lot which is occupied by an attached or multiple-family dwelling, no "minimum required yard" shall be occupied by any part of a vehicular travelway or parking space that is owned and maintained by a homeowners association, condominium or by the public.

(1)

For the purpose of this chapter, there shall be a distinction between "yard" and "minimum yard required." The "minimum yard requirements" set forth in this chapter represent the minimum distance which the principal building(s) shall set back from the respective lot lines.

(2)

On a lot line where a service drive is to be dedicated to the County or to the Virginia Department of Transportation, such dedication shall not affect the applicable "minimum yard requirements." The "minimum required yard" shall be established from the original lot line, except in no instance shall a building be erected closer than 15 feet to the nearest street line. This provision shall not apply to a lot(s) which contains a single-family detached dwelling unit.

[Amended 2-1-2021]

YARD, FRONT

A yard extending across the full width of a lot and lying between the front lot line and the principal building.

(1)

On a corner lot, the two yards lying between the principal building and the intersecting streets shall both be deemed to be front yards.

(2)

On a through lot, the two yards lying between the principal building and the two or more public or private streets shall be deemed to be front yards and shall be controlled by the provisions for the same, except as qualified in Article III for lots having reverse frontage.

[Amended 6-2-2008]

YARD PRIVACY

A small area contiguous to a building and enclosed on at least two sides with either a wall or fence of six feet minimum height.

YARD, REAR

A yard extending across the full width of the lot and lying between the rear lot line of the lot and the principal building group. On a corner lot, the rear yard shall be that yard on the opposite side of the building from the front lot line, which extends from the front on the one side to the opposite side lot line. Where corner lots are designed for single-family detached dwellings in residential zoning districts, the rear yard may be such minimum dimension as the side yard requirements for that district.

YARD, SIDE

A yard between the side lot line of the lot and the principal building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front or rear lot lines, as the case may be.

YARD/GARAGE SALE

The sale of goods from a residence, whether conducted in the dwelling, garage, other building or outdoors.

[1]

Editor's Note: This ordinance was readopted 12-2-1996.

[2]

Editor's Note: The former definition of "family apartment," added 11-6-2000, which immediately followed this definition, was repealed 2-1-2021.

[3]

Editor's Note: This ordinance was readopted 12-2-1996.

[4]

Editor's Note: This ordinance was readopted 12-2-1996.

[5]

Editor's Note: The former definition of "Resort," which immediately followed this definition, was amended 9-4-1996. See now "Conference Center or Resort."

[6]

Editor's Note: The former definition of "Retreat," which immediately followed this definition, was repealed 9-4-1996. See now "Country Inn, Retreat or Lodge."

[7]

Editor's Note: This legislation also changed the former term of "Tourist Home or Boardinghouse" to "Tourist Home."

[8]

Editor's Note: The definition of “wayside stand, seasonal,” which immediately followed this subsection, was repealed 1-3-2007.