The regulations of this chapter shall be minimum or maximum limitations, as appropriate, and shall apply uniformly within each district to each class of land or kind of structure except as hereinafter provided.
Use, occupancy and construction. No building or structure or part thereof shall be constructed, used or occupied, and no land shall be used or occupied except in conformity with all of the regulations specified for the district in which it is located.
Height, bulk, dimensions, density, lot coverage, yards, open spaces and number of families. No building or other structure shall hereafter be altered with relation to height, bulk, dimensions, density, lot coverage, yards, open spaces and number of families in any manner contrary to the provisions of this chapter.
Reduction of lots, areas, yards, required off-street parking or loading space(s) below minimum prohibited. No lot, area, yard, required off-street parking or loading space(s) existing at the time of passage of this chapter shall be reduced in area or dimensions below the minimums required by this chapter, except where spaces are no longer required by these regulations or alternative spaces meeting the requirements of these regulations are provided.
Required yard, open space, area, parking or loading space for one structure or use, not to be used to meet requirements for another. No part of a yard or other open space, area or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, area or off-street parking or loading space similarly required for any other building.
The unincorporated areas of Warren County are hereby divided into districts, as indicated on a set of sheets entitled "Zoning Map of Warren County, Virginia" which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this chapter.
The Zoning Map shall be identified by the signature or the attested signature of the Chairman of the Board of Supervisors, together with the date of adoption of this chapter.
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 areas, buildings and other structures in the County.
Amendment of Zoning Map. Whenever any amendment is made to the Zoning Map by action of the Board of Supervisors, such change shall be incorporated onto such Zoning Map at such time and in such manner as the Board of Supervisors may prescribe. Said changes shall be validated with reference to correct notation by the Zoning Administrator, who shall affix his/her signature thereto, thereby certifying that approved amendments to the Zoning Map have been correctly incorporated. The date of official action and nature of the change shall be entered on the map. Any such change shall become effective at 12:01 a.m., on the day following its legal adoption or on its effective date, if officially established as other than on the day following its legal adoption, whether or not it has been shown on said Zoning Map.
Unauthorized changes. It shall be unlawful for any person to make changes on the Zoning Map except in conformity with the procedures and requirements of this chapter. Violations of this provision shall be punishable as provided in § 180-68, Violations and penalties.
Interpretation of district boundaries. In construing the Official Zoning Map, the following rules shall apply, except that where there is a conflict in the apparent zoning status of a lot or parcel of land between the Zoning Map and the other official zoning records of the County, the zoning status of that lot or parcel as it appears on the other official zoning records of the County shall govern.
Center lines as boundaries. Where district boundaries appear to follow mapped center lines of streets, alleys, easements, railroads, waterways and the like, they shall be construed as following such center lines as exist on the ground.
Property or other edge lines as boundaries. Where district boundaries appear to follow street, lot, property or other edge lines, they shall be construed as following such lines.
Boundaries other than as above. District boundaries which appear parallel or perpendicular to, as extensions of or connecting to center lines, edge lines or other features shown on the map shall be so construed.
Boundaries extending into water. Where the full course of boundaries extending into bodies of water is not shown, such boundaries shall be construed as continuing in a straight line to intersect with other zoning boundaries or to jurisdictional limits if no such intersection with a zoning boundary occurs first.
Boundaries in case of closure, vacation or movement. In case of closure of a street or alley or vacation of an easement, the boundaries of lands abutting such street, alley or easement shall be construed as being at the center line of such street, alley or easement unless the boundary line of such abutting land prior to closure or vacation was other than at the center line of such street, alley or easement, in which case the boundary of such land shall conform to its location prior to the closure or vacation. In the case of movement of any waterway, the boundary of any lot or parcel of land shall be construed as remaining at its original location before movement of the waterway.
Dimensions. Where dimensions are not otherwise indicated on the Zoning Map, the scale of the map shall govern.
Unclassified areas. Where areas appear to be unclassified on the Zoning Map and classification cannot be established by rules set forth herein, such areas shall be considered to be classified agricultural until amending action is taken.
Interpretation in cases of uncertainty. Where application of the rules set forth above fails to establish the accurate location of a boundary or boundaries, the Zoning Administrator shall determine the location, provided that no such interpretation shall divide a lot which was previously undivided by a district boundary.
Boundary changes with changes in jurisdictional (County) area.
Additions to jurisdictional area. Where territory is added to the zoning jurisdictional area, such added territory shall be deemed to be zoned agricultural until such time as such added territory is officially zoned to a different district or classification.
Reductions in jurisdictional area. Where territory is removed from the zoning jurisdictional area, the zoning boundaries common to the jurisdictional boundary shall be deemed to move with the jurisdictional boundary.
For the purpose of this chapter, certain words and terms shall have the following interpretations.
The neuter, masculine and feminine gender shall be deemed each to embrace the other; the singular, the plural; the present tense, the future tense; and vice versa where the context so indicates.
The following words or phrases may be used interchangeably: building/structure; lot/plot/parcel; used/erected/reconstructed; altered/placed/moved; land use/use of land; building use/use of a building; person/firm/association/organization/partnership/trust/company/or corporation as well as an individual.
Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line in relation to which the distance is specified.
The word "shall" is mandatory.
The word "state" means the Commonwealth of Virginia.
The word "County" means the County of Warren, Commonwealth of Virginia, and the term "County boundary" means any exterior boundary of the County or any boundary of unincorporated territory within the County.
The term "construction standard(s)" means those design and construction standards as approved by the Board of Supervisors.
The term "Code of Virginia" shall include "as amended."
The word "adjacent" includes "nearby" and may or may not include "contiguous."
Interpretation by Zoning Administrator. In case of any dispute over the meaning of a word, phrase or sentence, whether defined herein or not, the Zoning Administrator is hereby authorized to make a definitive determination thereof, being guided in such determination by the purpose and intent of this chapter as set forth in Article I; provided, however, that an appeal may be taken from any such determination as provided in Article VI.
Definitions of words and terms. As used in this chapter, the following words and terms shall have the meanings indicated:
- See "Zoning Administrator."
- ADULT DAY-CARE FACILITY
- A facility offering care for only a limited number of hours each day, including meals, for aged, disabled or mentally impaired persons over the age of 18 years and which is licensed as such by the Commonwealth of Virginia.
- AGRICULTURAL PRODUCTS
- Any livestock, aquaculture, poultry, horticultural, floricultural,
viticulture, silvicultural, or other farm crops.[Added 9-18-2018]
- AGRICULTURE/AGRICULTURAL PURSUITS
- The tilling of soil, gardening, the raising of crops, horticulture and forestry; raising and keeping of bees, livestock and fowl; the use of associated outbuildings, including tenant houses required for the farm operation; and the operation of roadside stands, and farm wineries as defined in § 180-46.5. Yard maintenance, landscaping, noncommercial gardening and other customary incidental accessory uses to a residence shall not be deemed as "agriculture."[Amended 7-16-1996; 8-18-2009]
- AGRITOURISM ACTIVITY
- Any activity carried out on a farm or ranch that allows members
of the general public, for recreational, entertainment, or educational
purposes, to view or enjoy rural activities, including farming, wineries,
ranching, historical, cultural, harvest-your-own activities or natural
activities and attractions. An activity is an agritourism activity
whether or not the participant paid to participate in the activity.[Added 9-18-2018]
- AIRPORT, COMMERCIAL
- Any area of land or water which is used or intended to be used by the public for the landing and takeoff of aircraft, and any appurtenant areas which are used or intended to be used for airport buildings or other airport facilities, rights-of-way or easements, together with all airport buildings and facilities located thereon.
- AIRPORT, PRIVATE
- The same as "commercial airport" except limited to use by an individual property owner, his family, employees and guests.
- AMUSEMENT PARK
- A commercial enterprise consisting of rides, games and similar forms of amusement, but not including racetracks, hunting preserves, camps or vacation resorts.
- APPLICATION (PETITION)
- A written request for a conditional use permit, an amendment to the regulations or district map, a variance to this chapter, a zoning permit, a sign permit or for any action by the Zoning Administrator, Planning Commission, Board of Zoning Appeals or Board of Supervisors which has been properly executed on forms supplied by the Zoning Administrator.
- AUTOMOBILE FILLING STATION
- A commercial enterprise, including buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories are sold at retail. Uses shall not include the storage of automobiles, operative or inoperative, major mechanical and body work, straightening of frames or body parts, steam cleaning, painting or welding or other activities not normally found in automobile filling stations.
- AUTOMOBILE GRAVEYARD
- Any lot or group of contiguous lots under one ownership, exposed to the weather, where more than one inoperative motor vehicle of any kind is placed, located or found.
- A roof-like covering that is temporary or portable in nature
and that projects from a wall of a building for the purpose of shielding
a doorway or window from the elements.[Added 1-16-1996]
- BASE FLOOD/ONE-HUNDRED-YEAR FLOOD
- A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
- Any area of the building having its floor subgrade (below
ground level) on all sides.[Added 2-21-1995]
- BAY WINDOW
- A recess in a wall for a window, or a part of a building
projecting out from an exterior wall.[Added 1-16-1996]
- An establishment operated for the purpose of providing overnight accommodations for no more than 20 transient guests staying no more than 14 days, with common rooms (living, dining, etc.) available for use by the guests, a complimentary breakfast included and the owner or manager living on the premises.
- The Board of Supervisors of Warren County.
- BOARDINGHOUSE; ROOMING HOUSE
- A building containing nine or fewer guest rooms and arranged or used for lodging, with or without meals, for compensation.
- An establishment that manufactures no more than 15,000 barrels of beer per calendar year and which is located on a farm growing hops, barley, other grains, or fruit used by the establishment for the production of beer. A facility shall be permitted of no more than 5,000 square feet of floor area for the production and packaging of beer for retail sale on and off premises and including the provision of full restaurant services. This use must comply with the supplemental regulations found in § 180-49.4 of this chapter.[Added 2-19-2013; amended 7-15-2014]
- Any structure having a roof supported by columns or walls.
- BUILDING, ACCESSORY
- A subordinate structure which is separate from the main structure
and located upon the same lot where the main structure is located
or intended to be located. It shall have no kitchen facilities and
shall not be used for living quarters nor used for dwelling purposes
or occupied overnight.[Amended 3-15-2011]
- BUS AND LIMOUSINE TERMINAL
- A building, premises or facility for the operation of a bus
and/or limousine business, which includes but is not limited to ticket
sales, repairs and customer parking.[Added 8-17-1993]
- The Board of Zoning Appeals of Warren County.
- An adult who provides care for a mentally or physically impaired
person. A caregiver shall be either related by blood, marriage or
adoption to or the legally appointed guardian of the mentally or physically
impaired person.]Added 7-20-2010]
- A place for the interment of deceased persons.
- A place where persons regularly assemble exclusively for
worship. The term "church" includes the term "synagogue," "mosque,"
"monastery," or other terms for a house of worship, and shall include,
where appropriate, real estate of not more than 250 acres, provided
that such acreage is or is to be devoted exclusively to a church building,
chapel, monastery, cemetery, offices used only for administrative
purposes of the church, a Sunday school building, church manse, parsonage
or rectory, playgrounds, recreation areas or parking lots for the
convenience of those attending any of the foregoing.[Amended 5-21-2002]
- CLUB OR LODGE, PRIVATE
- A building, premises or facility providing social, educational or recreational services for club members and their guests.
- COMMERCIAL CAMPGROUND
- A plot of ground upon which 10 or more unit spaces are located,
established or maintained, whether or not a fee is charged, for occupancy
by a major recreational vehicle or components under the control of
a major recreational vehicle.[Added 1-16-1996]
- COMMERCIAL CAMPING
- Ten or more major recreational vehicles used for living,
sleeping or other occupancy on any lot or combination of lots under
one ownership.[Added 1-16-1996]
- COMMERCIAL OUTDOOR RECREATION OPERATION
- A private, fee-supported, outdoor activity using or not using
tangible facilities, involving or not involving athletic training,
mastered skills, innate or acquired talents, requiring or not requiring
athletic or recreational supervision.[Added 1-17-1995]
- The Planning Commission of Warren County.
- COMMUNITY CENTER
- A nonprofit facility designed and/or used for the cultural, educational and/or recreational activities of the inhabitants of a given geographic area of Warren County.
- CONVENIENCE STORE
- A commercial retail operation which offers for sale foods,
household items, and other commercial goods. This may include, the
sale of gasoline and other automotive products. The gross sales floor
area open to the public shall not exceed 3,000 square feet. A convenience
store shall not include diesel fuel pumps for servicing of class five
or higher trucks.[Added 1-21-1997; amended 6-5-2007]
- A horizontal molding projecting along the top of a wall or
- COUNTRY GENERAL STORE
- A single store, in operation before July 1, 2008, the ground floor area of which is a maximum of 4,000 square feet and which offers groceries for sale along with a variety of other retail goods and general merchandise. Food preparation and on-site food consumption may occur as a secondary activity within the store, provided that there are no more than 15 seats, and further provided that the store complies with the supplementary regulations in § 180-43.2 of this chapter.[Added 7-15-2008]
- DAY- OR CHILD-CARE CENTER (NURSERY)
- Any facility operated for the purpose of providing care, protection and guidance to six or more children separated from their parents or guardian during a part of the day only. Exceptions to this definition are:
- (1) A summer camp licensed under §§ 35-43 through 35-53, Code of Virginia.
- (2) A public school or a private school unless it is determined that such private school is operating a child-care center outside of regular classes.
- (3) Nursery school. A school designed to provide daytime instruction for six or more children from two to five years of age inclusive and operated on a regular basis.
- (4) A facility which provides child-care on an hourly basis which is contracted for by a parent only occasionally.
- (5) A school conducted by a religious institution or a facility operated by a religious organization where children are cared for or educated during short periods of time while religious services are being conducted.
- Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
- An establishment that manufactures no more than 36,000 gallons of alcoholic beverages other than beer or wine per calendar year and which is located on a farm growing agricultural products used by establishment for the production of alcoholic beverages other than beer or wine. This use must comply with the supplemental regulations found in § 180-44.1 of this chapter.[Added 7-21-2015]
- DISTRIBUTION FACILITY
- An establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by rail, air or motor vehicle. This definition shall include facilities for the maintenance, cleaning and repair of motor vehicles, including tractors and trailers, owned or leased by the establishment, and for the parking of such motor vehicles used as an accessory of the industrial use of the property. All such facilities shall comply with the requirements of § 180-42 of the Warren County Zoning Ordinance in regards to commercial garages.[Added 6-20-1995; amended 8-20-1996]
- Any structure which is designed for use for residential purposes,
except hotels, boardinghouses, lodging houses, short-term tourist
rentals, motels, inns, recreation vehicle (RV), and mobile homes.[Added 4-17-2012]
- DWELLING, MANUFACTURED HOME (MOBILE HOME)
- A home used or originally intended to be used as a residence by a single family, containing one dwelling unit and not meeting the Building Code standards of a single-family dwelling. Categories of "manufactured home dwellings" are as follows:
- (a) The tow assembly and wheels are removed and the home is mounted on and anchored to a permanent foundation in accordance with the provisions of the Virginia Uniform Statewide Building Code.
- (b) A minimum width of 23 feet.
- (c) Covered with an exterior material customarily used on a site-built dwelling such as, but not limited to, lap siding, brick, stone or stucco.
- (d) A two-and-five-tenths-inch in twelve-inch minimum pitch roof covered with standard roofing materials such as, but not limited to, fiberglass shingles, asphalt shingles or wood shakes.
- DWELLING, MULTIFAMILY
- A building containing three or more dwelling units, including an apartment house, with the number of families in residence not exceeding the number of dwelling units provided.
- DWELLING, PORTABLE
- A manufactured home not mounted on or anchored to a permanent foundation.
- DWELLING, SINGLE-FAMILY
- A building containing one dwelling unit and meeting the standards of the Virginia Uniform Statewide Building Code for a one-family dwelling but not to include "manufactured homes" as defined in this chapter.
- DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSE)
- One of a group of three to eight units arranged or designed as dwellings with abutting walls without openings and with each unit having its own lot.
- DWELLING, TEMPORARY
- Any type of dwelling occupied on a temporary basis in lieu of a permanent dwelling being constructed.
- DWELLING, TWO-FAMILY
- A residential building containing not more than two dwelling units arranged one above the other or side by side and designed for occupancy by not more than two families.
- DWELLING UNIT
- A single unit providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.
- The projected lower edge of a roof overhanging a wall of
a building.[Added 1-16-1996]
- EXTENDED-STAY HOTEL
- Any group of dwelling units, combined or separated, used
for the purpose of housing transient guests for compensation, the
use or occupancy of which is in fixed increments of time, no longer
than three months. The term excludes sorority houses, school or college
dormitories, bed-and-breakfast facilities, and lodging units. [Added 10-16-2007]
- EXTRACTION OF NATURAL RESOURCES
- The process by which coal, petroleum, natural gas, soil, sand, gravel, ore or other minerals are removed from any open pit, borings or any other underground workings and produced for sale, exchange or commercial use or otherwise removed from the site; and all shafts, slopes, drifts or inclines leading thereto, and including all buildings, structures and equipment above and below the surface of the ground used in connection with such process. The extraction of natural resources shall not include exploratory activities designed to determine the presence of coal, petroleum, natural gas, soil, sand, gravel, ore or other minerals, including but not limited to excavation, drilling or boring of wells for the purpose of obtaining water nor the removal of soil and other related material as necessary to establish another permitted use upon the same site.
- An individual or group of individuals related by blood, marriage, adoption or guardianship. For the purpose of this chapter, the definition of "family" shall include four or fewer unrelated persons living together as a single housekeeping unit.
- FARM or RANCH
- One or more areas of land used for the production, cultivation,
growing, harvesting or processing of agricultural products.[Added 9-18-2018]
- FARM WINERY
- An establishment, licensed as a farm winery under Virginia
Code § 4.1-207 and either i) located on a farm with a producing
vineyard, orchard, or similar growing area and with facilities for
fermenting and bottling the wine on the premises where the owner or
lessee manufactures wine that contains not more than 21% alcohol by
volume; or ii) located in the commonwealth with a producing vineyard,
orchard, or similar growing area or agreements for purchasing grapes
or other fruits from agricultural growers within the commonwealth
and with facilities for fermenting and bottling wine on the premises
where the owner or lessee manufactures wine that contains not more
than 21% alcohol by volume. As used in this definition, the terms
"owner" and "lessee" shall include a cooperative formed by an association
of individuals for the purpose of manufacturing wine. In the event
such cooperative is licensed as a farm winery, the term "farm" as
used in this definition includes all of the land owned or leased by
the individual members of the cooperative as long as such land is
located in the commonwealth. A farm winery license shall be designated
as a Class A or Class B farm winery in accordance with the limitations
set forth in § 4.1-219 of the Virginia Code.[Added 7-20-2004; amended 5-19-2009; 11-17-2015]
- FIREWOOD PROCESSING OPERATION
- A facility where trees or logs are stored, cut and split
into firewood and where the firewood is sold. This definition shall
not include the processing of firewood of trees on the lot or parcel
that they were grown.[Added 3-18-2008]
- FORESTRY/FORESTRY OPERATIONS
- The use of land for the raising and harvesting of timber,
pulpwood and other forestry products for commercial purposes. Excluded
from this definition shall be the cutting of timber associated with
and necessary for land development approved by the County, which shall
be considered accessory to the development of the property.[Added 7-16-1996]
- The distance along which a parcel abuts an adjacent road or street.
- FUNERAL PARLOR
- An establishment used for human funeral services which may or may not include facilities on the premises for embalming, cremation and the performance of autopsies or other surgical procedures.
- The triangular wall enclosed by the sloping ends of a roof.
Often used as a decorative feature over a door or window.[Added 1-16-1996]
- GARAGE, COMMERCIAL (REPAIR)
- Buildings and premises where sales may be made and services may be provided for major mechanical and body work, straightening of frames and body parts, steam cleaning, painting and welding and/or upholstering and replacement of glass. Permissible uses do not include salvage operations nor the storage of inoperative motor vehicles.
- GOLF COURSE
- An area designed and utilized for playing the standard game of golf, including clubhouse and maintenance facilities.
- Dwelling or lodging units for temporary nonpaying guests.
No such quarters shall be rented, leased or otherwise made available
for compensation of any kind. A guesthouse may be constructed and
used prior to the construction of the principal dwelling. The principal
dwelling, however, must be completed within five years from the date
of issuance of a certificate of occupancy for the guesthouse.[Amended 4-15-1997]
- HOME ENTERPRISE
- A small-scale business conducted entirely inside an accessory
structure engaged in providing services and products to the general
public. Such operations are clearly incidental and subordinate to
the principal residential use permitted on the parcel.[Added 10-17-1995]
- HOME OCCUPATION
- Any enterprise, activity or profession conducted in a dwelling unit by one or more residents thereof which is secondary to the use of the premises as a dwelling. See § 180-17 for limitations.
- Any facility licensed pursuant to Article 1, § 32.1-123, of the Code of Virginia Health Laws in which the primary function is the provision of diagnosis, of treatment and of medical and nursing services, surgical or nonsurgical, for two or more nonrelated individuals, including facilities known by varying nomenclature or designation such as sanatoriums, sanitariums and general, acute, rehabilitation, chronic disease, short-term, long-term, outpatient surgical and inpatient or outpatient maternity facilities.
- HOTEL (MOTEL)
- Any group of lodging units, combined or separated, used for the purpose of housing transient guests for compensation. Each lodging unit shall provide sleeping, toilet and bath facilities. The term excludes fraternity or sorority houses, school or college dormitories, tourist homes, bed-and-breakfast facilities or apartment hotels.
- Any land or building used for the collection, packaging and/or storage of paper, rags, scrap metals, other scrap or discarded materials; or for the demolition, dismantling, storage or salvaging of inoperative vehicles, machinery, appliances or parts thereof.
- KENNEL, BOARDING
- Any commercial kennel available to the general public where the operator takes control of an animal(s) from the animal owner; and, where the animal(s) may be provided individual confinement accommodations, fed, exercised and/or provided general care on a short-term basis, usually by the day, week or a specified length of time not to exceed 30 days for compensation, trade, barter or other commercial gain. Further, boarding kennels shall comply with the supplementary regulations in § 180-48.3 of this chapter.[Added 1-15-2013]
- KENNEL, COMMERCIAL
- Any place equipped and/or used to house, board, breed, handle, train, show, groom, or otherwise care for dogs in exchange for any form of compensation, trade, barter or other commercial gain. The animal(s) may be provided individual confinement accommodations. Further, commercial kennels shall comply with the supplementary regulations in § 180-48.2 of this chapter.[Added 1-15-2013]
- KENNEL, NONCOMMERCIAL
- Any place equipped and/or used to house or otherwise care for five or more dogs that are kept for personal use or enjoyment and which does not meet the definition of "commercial kennel" or "boarding kennel." Further, noncommercial kennels shall comply with the supplementary regulations in § 180-48.1 of this chapter.[Added 1-15-2013]
- A facility licensed by the Commonwealth of Virginia for the disposal of solid waste which shall not involve incineration or handling of any type of radioactive or hazardous materials.
- LIGHT ASSEMBLY/FABRICATION
- The assembling from standardized parts of a distinct object
differing from the individual components. Such activities involve
materials with form and substance, as opposed to liquid or gas, with
a physical, as opposed to chemical, mating or joining of individual
parts. Such facilities are not to exceed 5,000 square feet.[Added 6-20-1995]
- Animals raised for use, profit or enjoyment, including horses, ponies, buffalo, cattle, sheep, goats and other similar domesticated animals related to agricultural pursuits.
- LOADING SPACE (VEHICULAR)
- Any off-street space, not less than 15 feet wide, 25 feet long and 14 feet high, available for the loading or unloading of goods and having direct, vehicular access to a street or alley. Where one such loading space has been provided, any additional loading space lying alongside, contiguous to and not separated from such first loading space need not be wider than 12 feet.
- The basic development unit: an area with fixed boundaries, used or intended to be used by one building and any accessory building(s) and usually not divided by a highway, street or alley.
- LOT, CORNER
- A lot having direct access with two intersecting public or approved private roads.
- LOT, INTERIOR
- A lot having direct access with only one public or approved private road bordering one side of the lot.
- LOT, THROUGH
- A lot having direct access with two public or approved private roads which do not intersect along the lot boundaries and are located at opposite ends of the lot.
- LOT, THROUGH-CORNER
- A lot having direct access with three or more public or approved private roads.
- LOWEST FLOOR
- The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area is not considered
a building's "lowest floor," provided that such enclosure is not built
so as to render the structure in violation of the application nonelevation
design requirements of this chapter.[Added 2-21-1995]
- A permanent structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building wall.
- MENTALLY OR PHYSICALLY IMPAIRED PERSON
- A resident of Virginia who requires assistance with two or
more activities of daily living as defined in the Virginia Code § 63.2-2200,
as certified in writing by a physician licensed by the commonwealth.[Added 7-20-2010]
- An establishment that manufactures no more than 15,000 barrels of beer per calendar year and which is located on a farm growing hops, barley, other grains, or fruit used by the establishment for the production of beer. A facility shall be permitted of no more than 3,000 square feet of floor area for the production and packaging of beer for retail sale on and off premises. This use must comply with the supplemental regulations found in § 180-49.3 of this chapter.[Added 2-19-2013; amended 7-15-2014]
- MOBILE FOOD ESTABLISHMENT
- A readily movable motorized vehicle or towed vehicle designed
and equipped for the preparation, service and/or sale of food. The
units are considered to be portable and temporary by definition and
not permanent fixtures to a specific property. This is a general term
which includes mobile food units such as food trucks, pushcarts, concession
trailers and any other mobile unit that would be considered as providing
mobile food vending services.[Added 5-17-2016]
- MOBILE HOME/MANUFACTURED HOME
- A structure subject to federal regulation, which is transportable in one or more sections; is eight body feet or more in width and 40 body feet or more in length in the traveling mode or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation when connected to the required facilities; and includes the plumbing, heating, air-conditioning and electrical systems contained in the structure.
- MOBILE HOME PARK
- Premises where three or more mobile homes are parked for living or sleeping purposes or where spaces or lots are set aside or offered for sale or rent for mobile homes for living or sleeping purposes, including any land, building, structure or facility used by occupants of mobile homes on such premises.
- MODULAR HOME
- A dwelling unit constructed on site in accordance with the Virginia Uniform Statewide Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation.
- See "hotel."
- NEW CONSTRUCTION
- For floodplain management purposes, "new construction" means
structures for which the start of construction commenced on or after
the effective date of the Warren County floodplain management regulations
and includes any subsequent improvements to such structures.[Added 2-21-1995]
- NONCOMMERCIAL USE
- Any activity not involving commerce nor engaged in for profit.
- NURSING HOME
- A facility or facilities licensed pursuant to Article 1, § 32.1-123, of the Code of Virginia Health Laws devoted primarily for the treatment and care of person(s) suffering from illnesses, diseases, deformities or injuries not requiring extensive and/or intensive care normally provided in a hospital or other specialized institution.
- OCCUPANCY or OCCUPY
- A lot or parcel on which is located a structure, which structure
is either not used in furtherance of a bona fide agricultural pursuit
in an agriculturally zoned area nor for which there has been issued
a valid building permit for a storage or warehousing use, on which
such lot or parcel or in which such structure there is human habitation
or sleeping or there is personal property other than equipment and
materials directly used in connection with the construction of such
- OFF-STREET PARKING AREA
- Spaces provided for vehicular parking outside the dedicated street right-of-way and consisting of the required space for each vehicle plus such space as is necessary to drive safely into and out of each parking space.
- OPEN SPACE
- That area located within the boundaries of a development,
designed and permanently set aside for use by all residents of the
development, and not dedicated as public lands. The location of open
spaces shall be planned as a contiguous area located for maximum benefit
of the residents, preserving and where possible enhancing natural
features. Open spaces shall not include road rights-of-way or utility
- The owner or owners of the freehold or premises or lesser
estate therein, a mortgagee, or vendee in possession, assignee of
rents, receiver, executor, trustee in control, the lessee, or other
person or corporation controlling the property.[Added 7-18-1995]
- PARCEL OF RECORD DATE
- Includes the boundaries of the parcel as they existed on
the record date. For subdivision purposes, the number of parcels that
may be created from a parcel of record shall be determined on the
boundaries of the parent parcel as of this date.[Added 3-18-2008]
- PERSONAL SERVICE ESTABLISHMENT
- A place of business providing individualized service such as banking, beauty salons, barbershops and dry cleaning.
- PLANNING COMMISSION
- The Planning Commission of Warren County.
- A roofed open area, which may be screened, usually attached
to or part of and with direct access to or from a building.[Added 1-16-1996]
- PORTABLE STORAGE CONTAINER
- A fully enclosed, box-like container that is designed for
temporary storage. Such containers are uniquely designed for ease
of loading to and from a transport vehicle.[Added 7-17-2007]
- PRIVATE USE CAMPING
- No more than two major recreational vehicles used for living,
sleeping or other occupancy on any lot or combination of lots under
one ownership, provided that such use is limited to the owner, family
members or guests, and no fee is charged for camping.[Added 1-16-1996]
- PUBLIC UTILITY POLES, LINES, TRANSFORMERS
- Facilities required for the distribution of electrical current not in excess of 34,500 volts and telephone and cable television services.
- A sloping walkway used to join and provide a smooth transition
between two levels of different elevations. Often the maximum pitch
of a handicapped ramp is 8.33%.[Added 1-16-1996]
- RECREATION VEHICLE (RV)
- A travel trailer, motor home, pickup camper, tent trailer or similar device used for temporary portable housing which is:
- (1) Built on a single chassis;
- (2) Four hundred square feet or less when measured at the largest horizontal projection;
- (3) Designed to be self-propelled or permanently towable by a light-duty truck; and
- (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use.
- RESIDENTIAL FACILITY
- [Added 7-20-2010]
- (1) Any group home or other residential facility in which no more than eight individuals with mental illness, intellectual disability, or developmental disabilities reside with one or more resident or nonresident staff persons and for which the Department of Behavioral Health and Developmental Services is the licensing authority; or[Amended 8-19-2014]
- (2) Any assisted living facility or residential facility in which no more than eight aged, infirm or disabled persons reside with one or more resident counselors or other staff persons and for which the Department of Social Services is the licensing authority.
- REST HOME OR CONVALESCENT HOME
- A facility containing beds for three or more adult patients providing domiciliary care for the aged, chronically ill or convalescent patients, but not including facilities for the care of mental, epileptic or alcoholic patients or drug addicts.
- RETREAT CENTER
- A facility designed to provide refuge, seclusion and privacy
for the purpose of rest, meditation and/or religious exercises.[Added 12-15-1998]
- The outside top covering of a building.[Added 1-16-1996]
- ROOF, GABLE
- A ridged roof forming a gable at both ends of the building.[Added 1-16-1996]
- ROOF, GAMBREL
- A roof with two slopes on each side, the lower steeper than
the upper.[Added 1-16-1996]
- ROOF, HIP
- A roof with sloping ends and sides.[Added 1-16-1996]
- ROOF, MANSARD
- A roof with two slopes on each of four sides, the lower steeper
than the upper.[Added 1-16-1996]
- ROOF, SHED
- A roof with one slope.[Added 1-16-1996]
- RURAL EVENTS FACILITY
- A facility located on rural residential zoned land of 20
acres or larger that has an ongoing viable agricultural use that provides
a facility for any type of social gathering, available for use by
various private groups for such activities as meetings, weddings,
and/or receptions.[Added 1-17-2017]
- SAWMILL, NONCOMMERCIAL
- A portable sawmill located on private property, used for
the sawing or processing of standing trees or their wood or timber
harvested only from that parcel or only from parcels contiguous thereto
under the same ownership.[Added 7-18-1995]
- An institution giving regular instruction in general or special education at least five days a week for a normal school year of at least seven months; or instruction in special subjects and/or skills on a schedule which may be short-term, irregular or variable. The term "school" does not include day-care, child-care or nursery facilities.
- SCHOOL, PRIVATE
- A school owned and operated by an individual, partnership, corporation or religious institution.
- SCHOOL, PUBLIC
- A school operated by a body or agency of federal, state or local government.
- Landscaping that consists of solid walls or fences or evergreen trees that provide an equivalent visual barrier with a minimum height of five feet.
- An accessory building that is either portable or requires
a permanent location on the ground.[Added 7-17-2007]
- SHOPPING CENTER
- A group of five or more commercial retail establishments
planned, constructed and managed as a total entity. It shall provide
customer and employee parking on site, include provisions for goods
delivery separated from customer access and provide protection from
the elements. Construction shall be uniform in nature and similar
in appearance. The minimum area required for a shopping center shall
be five acres.[Added 7-21-1998]
- SHORT-TERM TOURIST RENTAL
- A single-family dwelling not attached to any other dwelling by any means and located on an individual lot that is rented for compensation for periods of less than 30 days. See § 180-56.4 for supplementary regulations pertaining to short-term tourist rentals.[Added 4-17-2012]
- SMALL DISTRIBUTION CENTER
- An establishment engaged in the receipt, storage and distribution
of goods, products, cargo and materials, including transshipment by
rail, air or motor vehicle. Such facilities are not to exceed 5,000
square feet.[Added 6-20-1995]
- START OF CONSTRUCTION
- Includes substantial improvement and means the date the building
permit was issued, provided that the actual start of construction,
repair, reconstruction, rehabilitation, addition placement or other
improvement was within 180 days of the permit date. The "actual start"
means either the first placement of permanent construction of a structure
on a site such as the pouring of slab or footings, the installation
of piles, the construction of columns or any work beyond the state
of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation such as clearing,
grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings,
piers, foundations or the erection of temporary forms; nor does it
include the installation on the property of accessory buildings such
as garages or sheds not occupied as dwelling units or not part of
the main structure. For a substantial improvement, the actual "start
of construction" means the first alteration of any wall, ceiling,
floor or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.[Added 2-21-1995]
- A small porch or platform with steps leading to an entrance
into a building.[Added 1-16-1996]
- Anything constructed or erected requiring a permanent location
on the ground or the attachment to something having a permanent location
on the ground. The definition includes portable sheds.[Amended 7-17-2007]
- SUBSTANTIAL DAMAGE
- Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.[Added 2-21-1995]
- SUBSTANTIAL IMPROVEMENT
- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the appraised 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 designation as an historic structure.
- TECHNOLOGY BUSINESS[Added 3-21-2000]
- A business consisting of one or more than one in combination of the following
- (1) Electronic information operations and providers. Businesses that assist other businesses to better manage their paper documents by putting them in an electronic database that can easily be viewed by a larger group of people.
- (2) Internet service providers. Businesses that provide Internet service to businesses or residents.
- (3) Software design and development. Businesses that design software or businesses that develop the design of specific software.
- (4) Computer and peripheral sales and assembly. Businesses that assemble computers or sell the hardware associated with computers.
- (5) Content developers. Businesses that design and build computer systems.
- (6) Internet-based sales and services. Businesses whose primary trade is based on the Internet, be it a sales or service provider.
- (7) Hardware design, manufacture, assembly and development. Businesses that manufacture, assemble or develop hardware design for computers.
- (8) Telecommunications-based video service providers. Businesses that use video-conferencing or cable connections for employees to telecommute.
- (9) Outbound or inbound call centers. Businesses that either market their product through phone calls or businesses that answer consumer questions.
- (10) Telecommunications equipment manufacturing, assembly and service. Businesses that build, put together or service telecommunications equipment.
- TRAVEL TRAILER (RECREATION VEHICLE)
- A portable vehicular structure built on a chassis; designed to be used for temporary occupancy for travel, recreation or vacation use; 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 40 feet.
- Any motor vehicle designed to transport property on its own
structure independent of any other vehicle and having a registered
gross weight in excess of 7,500 pounds. Trucks further shall be classified
as follows:[Added 7-17-2007]
- (1) Class one. Seven thousand five hundred pounds gross vehicle weight and less. Includes minivan, utility van, multipurpose vehicles, mini-pick-up, full size pick-up; and crew compartment pick-ups, minibuses and step vans under 7,500 pounds gross vehicle weight.
- (2) Class two. Seven thousand five hundred one pounds to 10,000 pounds gross vehicle weight. Includes minivan, utility van, multipurpose vehicles, mini-pick-up, full size pick-up, crew compartment pick-up, minibus and step van.
- (3) Class three. Ten thousand one pounds to 14,000 pounds gross vehicle weight. Includes mini-bus, walk-in and city delivery truck.
- (4) Class four. Fourteen thousand one pounds to 16,000 pounds gross vehicle weight. Includes conventional van, large walk-in, city delivery, landscaping/utility.
- (5) Class five. Sixteen thousand one pounds to 19,500 pounds gross vehicle weight. Includes bucket, large walk-in, city delivery, landscaping/utility.
- (6) Class Six. Nineteen thousand five hundred one pounds to 26,000 pounds gross vehicle weight. Includes rack, single axle van, beverage, school bus, stake body.
- (7) Class seven. Twenty-six thousand one pounds to 33,000 pounds gross vehicle weight. Includes home fuel, refuse, tow, city transit bus, furniture, medium conventional, high profile COE.
- (8) Class eight. Includes all trucks in excess of 33,000 pounds gross vehicle weight.
- TRUCK STOP
- A facility open to the public that has five or more diesel
fuel pumps along with provisions for parking and/or servicing of five
or more tractor trailers.[Added 12-15-1998]
- The parts of the wind energy system including the blades,
generator and tail.[Added 5-19-2009]
- UNIT SPACE
- Any plot of ground within a commercial campground intended
for exclusive occupancy by a major recreational vehicle or components
under the control of a major recreational vehicle.[Added 1-16-1996]
- VACATION CAMP, DAY
- A lot, tract or parcel of land operated as either a commercial or noncommercial enterprise in which facilities are provided for all or any of the following: camping, picnicking, boating, fishing, swimming, outdoor games, sports and activities incidental and relating to the foregoing, but not including miniature golf grounds, golf driving ranges, mechanical amusement devices or permanent structures for housing of guests.
- VACATION CAMP, OVERNIGHT
- The same as day vacation camp, except that structures for the lodging of guests shall be permitted in locations appropriate for extensive outdoor recreation.
- VEHICLE, INOPERATIVE
- Any motor vehicle which is not in operating condition; or which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal.
- WATER AND SEWER SYSTEM, PRIVATE
- A water or sewer system owned and operated by an entity other than a County or municipality, which is designed to serve 15 or more connections and which has been approved for operation by the Virginia Department of Health.
- WATER AND SEWER SYSTEM, PUBLIC
- A water or sewer system owned and operated by a municipality or County which complies with standards of the Virginia Department of Health.
- WAYSIDE STAND
- A temporary structure and/or the use of land for the display and sale of agricultural products with no space for customers within the structure itself.
- WIND ENERGY SYSTEM, PRIVATE USE
- A wind energy conversion system consisting of not more than
one wind turbine, tower and associated control or conversion electronics
per parcel, which has a rated capacity of not more than 100 kW and
which is intended to primarily reduce on-site consumption of utility
power. Sale of excess electricity back onto the electric grid is permitted. [Added 5-19-2009]
- WIND ENERGY SYSTEM, COMMERCIAL POWER GENERATION
- Such facilities owned and operated for the specific purpose
of generating electricity to put out on the electric grid.[Added 5-19-2009]
- The open space surrounding a structure but unoccupied and unobstructed by any structure or portion of a structure, except as provided in § 180-12.
- ZONING ADMINISTRATOR
- The official charged with the enforcement of this chapter who is by formal resolution designated to the position by the Board of Supervisors.
- ZONING PERMIT
- A permit issued by the Zoning Administrator which certifies that a building or use of property is in compliance with the regulations of the zoning district in which the building or use is located.
Editor's Note: This ordinance also noted that this definition was taken from § 3.2-6400, Code of Virginia.
Editor's Note: This ordinance also noted that this definition was taken from § 3.2-6400, Code of Virginia.
Editor's Note: Title 35 was repealed by Acts 1981, c. 468. See now Title 35.1.
Editor's Note: This ordinance also provided for the retitling of the former term "distribution center" to "distribution facility."
Editor's Note: This ordinance also noted that this definition was taken from § 3.2-6400, Code of Virginia.
Editor’s Note: The definition of "group home" that immediately followed this definition was repealed 7-20-2010. For current provisions, see the definition of "residential facility."
Editor's Note: The definition of "kennel," which immediately followed this definition, was repealed 1-15-2013.