Article 2. DEFINITIONS  

For the purpose of this ordinance, certain words and terms are defined as follows. Words used in the present tense include the future. Words in the singular include the plural, and the plural includes the singular.

Abattoir: A commercial slaughterhouse.

Accessory use or structure: A subordinate use or building customarily incidental to and located upon the same lot occupied by the main use or building.

Acreage: A parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat.

Activity center: An indoor facility used for athletic, recreational, therapeutic, and wellness activities, including but not limited to a gym, health club, fitness club, racquet sports, aquatics, yoga studio, dance studio, or martial arts studio.

Administrator, the: The official charged with the enforcement of the zoning ordinance. He may be any appointed or elected official who is by formal resolution designated to the position by the governing body. He may serve with or without compensation as determined by the governing body.

Agricultural equipment: Vehicles, machinery and tools used for farming purposes.

Agricultural operations: Any operation devoted to the bona fide production of crops, or animals, or fowl including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silvicultural activity. The preparation, processing, or sale of food products in compliance with subdivisions (A)(3), (4), and (5) of Code of Virginia, § 3.2-5130 or related state laws and regulations are accessory uses to an agricultural operation, unless otherwise specifically provided for in this ordinance. When used in this ordinance, the words agricultural or agriculture shall be construed to encompass the foregoing definition.

Agricultural processing facility: The preparation, processing, or sale of food products, or accumulation for shipment or sale of crops and animals, in connection with an agricultural operation when more than twenty (20) percent of such crops or animals are not produced on an agricultural operation on the same or contiguous parcel(s) owned or controlled by the operator of the facility.

Agricultural processing facility, major: An agricultural processing facility that, by virtue of its size, shipping requirements, noise, or other characteristics, will have a substantial impact on the health, safety, or general welfare of the public or adjoining landowners. A major agricultural processing facility is one that either (i) has more than ten thousand (10,000) square feet of enclosed space devoted to agricultural processing operations or (ii) entails the preparation, processing, or sale of food products, or accumulation for shipment or sale of crops and animals, in connection with an agricultural operation when more than fifty (50) percent of such crops or animals are not produced on an agricultural operation on the same or contiguous parcel(s) owned or controlled by the operator of the facility.

Airstrip, private: A runway for the landing and takeoff of small aircraft on a noncommercial basis, which shall be approved by the Federal Aviation Administrator and the Virginia Division of Aeronautics.

Alteration: Any change in the total floor area, use, adaptability or external appearance of an existing structure.

Antique motor vehicle: Antique means every motor vehicle, as defined in this section, which was actually manufactured or designated by the manufacturer as a model manufactured in a calendar year not less than twenty-five (25) years prior to January 1 of each calendar year and is owned solely as a collector's item. The antique motor vehicle must display the appropriate license plates pursuant to § 46.2-730 of the Code of Virginia, as amended.

Apartment house: See Dwelling, multiple-family apartment.

Artist community: A facility that provides resident artists with artist community residencies in a rural setting. An artist community includes art studio(s), exhibition and presentation space(s), and temporary lodging accommodations for resident artists; and includes the accompanying office(s), kitchen and food service(s), communal space(s), and maintenance area(s) to service the resident artists and staff.

Artist community residencies: Time and space scheduled for resident artists to create work not at the artists' home base; residencies are scheduled for a period not to exceed ninety-five (95) consecutive days.

Automobile graveyard: See Junkyard.

Automobile graveyard, class A: Any rear yard or part of a rear yard upon which a maximum of two (2) inoperative vehicles of any kind are located and which is screened by natural plantings or by other reasonable means acceptable to the Administrator so that vehicles are not visible from the roadway or adjacent residential, commercial, or agricultural properties. A "class A automobile graveyard" is considered to be an accessory use to single-family residential use.

Automobile graveyard, class B: Any place meeting setback side and rear yard requirements for buildings upon which a maximum of five (5) inoperative vehicles of any kind are located and which is screened by natural plantings or by other reasonable means acceptable to the Administrator so that such vehicles are not visible from the roadway or adjacent residential, commercial, or agricultural properties.

Automobile graveyard, class C: Any place meeting setback side and rear yard requirements for buildings upon which more than five (5) inoperative vehicles of any kind are located, and which is screened by natural plantings or by other reasonable means acceptable to the Administrator, so that such vehicles are not visible from the roadway or adjacent residential, commercial or agricultural properties.

Banquet hall: A facility for hosting public and/or private events, including, but not limited to, weddings, receptions, social events or parties, and/or workshops, which is used as a venue for social, cultural, recreational, and/or educational activities. Banquet halls do not include lodging accommodations.

Basement: A story having part, but not more than one-half (½), of its height below grade. A basement shall be counted as a story for the purpose of height regulations, if it is subdivided and used for business purposes, or for dwelling purposes by other than a janitor employed on the premises.

Bed and breakfast, class A: A use composed of transient lodging provided by the resident occupants of a dwelling that is conducted within said dwelling and/or one (1) or more structures that are clearly subordinate and incidental to the single family dwelling, having not more than six (6) guest rooms in the aggregate, and having not more than twelve (12) transient lodgers in the aggregate, and which also may include rooms for dining and for meetings for use by transient lodging guests of the class A bed and breakfast, provided that the dining and meeting rooms are accessory to the class A bed and breakfast use.

Bed and breakfast, class B: A use composed of transient lodging provided within a single family dwelling and/or one (1) or more structures that are clearly subordinate and incidental to the single family dwelling, having not more than ten (10) guest rooms in the aggregate, and having not more than twenty-four (24) transient lodgers in the aggregate, and which also may include rooms for dining and for meetings for use by transient lodging guests of the bed and breakfast provided that the dining and meeting rooms are accessory to the bed and breakfast use.

Boardinghouse: A use composed of a single building in which more than one (1) room is arranged or used for lodging by occupants who lodge for thirty (30) consecutive days or longer, with or without meals, for compensation. A boardinghouse may be occupied by the owner or operator, but may not be operated on the same parcel as a bed and breakfast.

Borrow pit: Sand, soil, and gravel operation of a temporary nature.

Brewery: A facility for the production of brewed beverages, including beer or other fermented beverages.

Building: Any structure used or intended for supporting or sheltering any use or occupancy,

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

Building, height of: The vertical distance measured from grade to the highest roof beams of a flat roof, or to the mean level of the highest gable or slope of a gable, hip, or other roof.

Building, main: The principal building or one (1) of the principal buildings on a lot, or the building or one (1) of the principal buildings housing the principal use on the lot.

Camp, day: A tract of land devoted to primarily outdoor recreational uses not including overnight accommodations for users.

Camp, summer: A tract of land used or designed to be used for seasonal accommodation of individuals in tents or similar rustic structures and for use by such individuals for sports, handcrafts and other outdoor-oriented activities and recreation.

Campground: Any place used for transient camping where compensation is expected in order to stay in a tent, travel trailer, or motor home. Campgrounds require the provision of potable water and sanitary facilities.

Campground, extended stay: Any place used for extended transient camping where compensation is expected in order to stay in a tent, travel trailer, or motor home. Campgrounds must provide potable water and sanitary facilities.

Cellar: A story having more than one-half (½) of its height below grade and which may not be occupied for dwelling purposes.

Cemetery: A privately or church-owned and/or operated place for burial of the dead where lots may be sold and perpetual care of the grave may be furnished.

Church adjunct graveyard: An area one (1) acre or less, owned and operated by an adjoining church.

Commission, the: The Planning Commission of Nelson County, Virginia.

Community center: A building and grounds used for recreation, social, educational, health, or cultural activities open to the public or a portion of the public, owned and operated by a public or private non-profit group or agency. The activities may involve leasing of space for the sale of goods and services, offices, and Temporary Events in conjunction with Article 24 of this ordinance and subject to applicable zoning district regulations. The sale of goods and services may be carried on a for-profit basis or for charitable non-profit purposes by the owner or the owner's approved lessee or licensee. Community Center uses, structures, and activities are subject to site plan approval. Signage conveying information about permissible Temporary Events and/or a permitted Outdoor Entertainment Venue is permissible, subject to applicable regulations and approval requirements contained elsewhere in this Ordinance. There can be no other exterior indication of non-temporary commercial activities at the center, such as outside storage, sales area, or signage, except for a principal sign identifying the center, a single changeable letter sign, and additional small wayfinding and directional signs which may include identification of tenants.

Composting, commercial: The process by which organic wastes are combined in proper ratios to which might be added bulking agents, such as wood chips, to provide air space and by using controlled temperature, moisture, and oxygen, to achieve accelerated decomposition, thereby producing a stable humus material. "Organic waste" includes, but is not limited to, yard trimmings, agricultural by-products, food wastes, and manures. (Ord. No. O2011-01)

Conference center: A facility for hosting public and/or private events, including, but not limited to, weddings, receptions, social events or parties, workshops, and/or conferences, which is used as a venue for social, cultural, recreational, and/or educational activities. Conference centers may include lodging accommodations.

Country club: A nonprofit entity organized to provide recreational facilities such as golf, swimming, and tennis to its membership.

Corporate training center: A commercial facility in which are offered instructional programs addressing organizational leadership and fostering organizational cohesiveness. Such facility may include lodging, dining and recreational amenities for those in attendance. (Res. of 5-11-04)

Cul-de-sac: A street with only one (1) outlet having an appropriate turn-around area for safe and convenient reverse of traffic movement.

Dairy plant: A commercial establishment for the processing and sale of milk or milk products at either wholesale or retail.

Distillery: A facility for the production of distilled spirits.

District: Districts as referred to in the Va. Code, § 15.1-486.

Dwelling: Any building which is designed for residential purposes (except boardinghouses, dormitories, hotels, and motels).

Dwelling, multiple-family apartment: A building or portion thereof arranged or designed for the purpose of providing three (3) or more separate dwelling units.

Dwelling, single-family attached: One (1) of three (3) or more dwelling units which are joined together by a common or party wall and/or connecting permanent structures such as breezeways, carports, garages, screening fences, or walls.

Dwelling, single-family detached: A building arranged or designed to contain one (1) dwelling unit.

Dwelling, two-family detached: A building arranged or designed to contain two (2) dwelling units.

Dwelling unit: A single unit providing complete independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

Dwelling, boardinghouse, tourist home: See Boardinghouse.

Dwelling, hotel: See Hotel.

Dwelling, motel: See Motel.

Family: One (1) or more persons occupying a premises and living in a single dwelling unit, as distinguished from an unrelated group occupying a boardinghouse, hotel, or motel.

Farm brewery, limited: A brewery that manufactures no more than fifteen thousand (15,000) barrels of brewed beverages per calendar year, provided that (i) the brewery is located on a farm owned or leased by such brewery or its owner and (ii) agricultural products, including barley, other grains, hops, or fruit, used by such brewery in the manufacture of its brewed beverages are grown on the farm. The on-premises sale, tasting, or consumption of brewed beverages during regular business hours within the normal course of business of such licensed brewery, the direct sale and shipment of brewed beverages and the sale and shipment of brewed beverages to licensed wholesalers and out-of-state purchasers in accordance with law, the storage and warehousing of brewed beverages, and the sale of limited farm brewery-related items that are incidental to the sale of brewed beverages are permitted.

Farm winery: An establishment as defined in Va. Code § 4.1-100 Subsection (i) and licensed by the Commonwealth pursuant to Va. Code § 4.1-207 where wine may be sold for on-premises consumption and in closed containers for off-premises consumption. The serving of light snacks (cheese, crackers, peanuts, etc.) is permitted at a farm winery, without regulation. Other food prepared on-site shall be prepared in a facility in compliance with the Virginia State Building Code requirements and licensed by the Virginia Department of Health. The sale of wine-related items that are incidental to the sale of wine is permitted at a farm winery without regulation. (Ord. No. 02007-006)

Farm winery permanent remote retail establishment: A permanent retail establishment located off of the farm winery premises but associated with a farm winery as defined in Va. Code § 4.1-100 Subsection (ii) and licensed by the Commonwealth pursuant to Va. Code § 4.1-207 where wine may be sold for on-premises consumption and in closed containers for off-premises consumption. The serving of light snacks (cheese, crackers, peanuts, etc.) is permitted at a farm winery permanent remote retail establishment, without regulation. Other food served on-site shall be prepared in an off-site facility licensed by the Virginia Department of Health. The sale of wine-related items that are incidental to the sale of wine is permitted at a farm winery permanent remote retail establishment without regulation. (Ord. No. 02007-006)

Farmers market: Any structure, assembly of structures, or land used by multiple vendors for the off-farm sale or resale of agricultural and/or horticultural products, goods, and services, including value-added agricultural or horticultural products. Farmers markets may include the sale or resale of accessory products, including arts, crafts, and/or farm-related merchandise, as long as the majority of products being offered for sale are, in the aggregate, comprised of agricultural or horticultural products.

Flea market: Any outdoor commercial offering of items for sale at any location. Merchandise offered may include items purchased specifically for resale at a profit. Churches and other nonprofit organizations are exempt from these requirements. Permitted by right in Business (B-1) zone.

Fraternal lodges/community buildings: Places of assembly for clubs, community groups and/or civic organizations, at which regularly scheduled fraternal or public meetings and other public activities are conducted.

Frontage: The full length of a plot of land measured alongside the road onto which the plot fronts.

Funeral home: A building used for the preparation of a corpse for burial or the preparation of a corpse for cremation, which may also be used for funeral services and/or cremation services.

Garage, private: Accessory building designed or used for the storage of not more than three (3) automobiles owned and used by the occupants of the building to which it is accessory. On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of two (2) times as many automobiles as there are dwelling units.

Garage, public: A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling, or storing motor-driven vehicles.

General store: See Retail store, neighborhood.

Golf course: Any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges as defined herein and miniature golf courses.

Golf driving range: A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.

Governing body: The Board of Supervisors of Nelson County, Virginia.

Grade: A reference plane representing the average of finished ground level adjoining the building at all exterior walls. (Unless otherwise modified in the text, the use of this definition in determining building height would apply height restrictions to entire building, not just front.)

Historical area: As defined on the zoning map in which the provisions of the ordinance apply for protection of a historical heritage.

Home occupation, class A: An occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and not more than one (1) person is employed, other than members of the family residing on the premises, such as the tailoring of garments, the preparation of food products for sale, and similar activities, beauty parlors, professional offices such as medical, dental, legal, engineering, and architectural offices conducted within a dwelling or accessory building by the occupant.

Home occupation, class B: An occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and not more than four (4) persons are employed, other than members of the family residing on the premises, such as the tailoring of garments, the preparation of food products for sale, and similar activities, beauty parlors, professional offices such as medical, dental, legal, engineering, and architectural offices conducted within a dwelling or accessory building by the occupant.

Hospital: An institution rendering inpatient or outpatient medical, surgical, obstetrical, or convalescent care, including nursing homes, homes for the aged and sanitariums, but in all cases excluding institutions primarily for mental or feeble-minded patients, epileptics, alcoholics, or drug addicts. (Certain nursing homes and homes for the aged may be "home occupations" if they comply with the definition herein).

Hospital, special care: A special care hospital shall mean an institution rendering care primarily for mental or feeble-minded patients, epileptics, alcoholics, or drug addicts.

Hotel: Any hotel, inn, hostelry, motel, or other place used for overnight lodging which is rented by the room to transients, is not a residence, and where the renting of the structure is the primary use of the property.

Inoperative motor vehicle: An inoperative motor vehicle shall mean one or more of the following: (i) any motor vehicle which is not in operating condition; (ii) any motor vehicle which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and/or wheels, the engine, or other essential parts required for operation of the vehicle; or (iii) any motor vehicle on which there are displayed neither valid license plates nor a valid inspection decal. However, this definition shall not apply in connection with properties: (i) lawfully used as an automobile dealership, public garage, automobile salvage operation or scrap processor; or (ii) when a Special Use Permit provides for the storage of inoperative vehicles.

Intentional community: A tract of land developed or to be developed as a unit under single ownership, including, but not limited to ownership by a group of people or a corporation, or unified control which is to contain three (3) or more residential dwelling units.

Junkyard: The use of any area of land lying within one hundred (100) feet of a state highway or the use of more than two hundred (200) square feet of land area in any location for the storage, keeping, or abandonment of junk including scrap metals or other scrap materials. The term "junkyard" shall include the term "automobile graveyard" as defined in Chapter 304, Acts of 1938, Code of Virginia.

Kennel: A place prepared to house, board, breed, handle, or otherwise keep or care for dogs, cats or similar small animals for sale or in return for compensation.

Landfill, sanitary: A method of disposing of refuse on land without creating nuisances or hazards to public health or safety, by confining the refuse to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day's operation, or at such more frequent intervals as may be necessary.

Livestock market: A commercial establishment wherein livestock is collected for sale and auctioned off.

Lot: A parcel of land occupied or to be occupied by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width, and lot areas as are required by this ordinance, and having frontage upon a street either shown on a plat or record or considered as a unit property and described by metes and bounds.

Lot, corner: A lot abutting on two (2) or more streets at their intersection. Of the two (2) sides of a corner lot the front shall be deemed to be the shortest of the two (2) sides fronting on streets.

Lot of record: A lot which has been recorded in the clerk's office of the Circuit Court.

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

Manufactured home: A structure subject to federal regulation, which is transportable in one (1) or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode, or is three hundred twenty (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 utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure.

Micro-brewery: A brewery which is housed within and operated in conjunction with a restaurant, and which manufactures no more than fifteen thousand (15,000) barrels of beer per calendar year. A micro-brewery is an accessory use to a restaurant.

Mobile home: A mobile home is a dwelling which is eight (8) body feet or more in width and is thirty-two (32) body feet or more in length, and which is designed for transportation, after fabrication, on streets and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy; except for minor and incidental unpacking and assembly operation, location on jacks or permanent foundations, connection to utilities and the like. This dwelling is not subject to federal regulations. See Travel trailer.

Mobile home park: One (1) or more contiguous parcels of land in which two (2) or more rental lots are provided for mobile homes or upon which two (2) or more mobile homes are located. This shall include mobile homes that are stored on property, but shall not include mobile homes for sale by a bona fide licensed dealer.

Motel: One (1) or more buildings containing individual sleeping rooms designed for or used temporarily by automobile tourists or transients, with garage or parking space conveniently located to each unit. Cooking facilities may be provided for each unit.

Motor vehicle: A motor vehicle means any vehicle defined in this section that is self-propelled or designed for self-propulsion. For the purpose of this ordinance, any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped shall be deemed not to be a motor vehicle.

Nonconforming activity: The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

Nonconforming lot: A lot of record that does not conform to the minimum area or width requirements of this ordinance for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

Nonconforming structure: An otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this ordinance, or is designed or intended for a use that does not conform to the use regulations of this ordinance, for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

Off-street parking space: Space provided for vehicular parking outside the dedicated street right-of-way, of sufficient size and shape to park one (1) standard size automobile and containing not less than three hundred (300) square feet.

Outdoor Entertainment Venue: The non-temporary use of any land, including the erection or use of non-temporary structure(s) or the installation of non-temporary infrastructure, for the hosting and operation of Category 1 and Category 2 Temporary Events, Exempt Events, or other entertainment activities for cultural, artistic, social, or recreational purposes.

Parcel: A tract or plot of land for which a plat or description of record can be found.

Pen: See Agriculture.

Permanent foundation: Permanent foundations for manufactured homes or mobile homes include any of the following types of foundations selected by the owner, dealer or contractors:

(1)

Masonry piers and anchoring systems, specified by the manufacturer of the home in the installation instructions, as required and approved in accordance with the Federal Manufactured Housing Construction and Safety Standards.

(2)

Concrete foundations or permanent wood foundation systems constructed in compliance with the ANSI A225.1 Manufactured Home Installation Standard.

(3)

Foundations meeting the requirements of the U.S. Department of Housing and Urban Development Handbook 430.3, Permanent Foundations Guide for Manufactured Housing.

(4)

Foundation systems for manufactured homes over basements.

(5)

Any other foundation system approved as a permanent foundation by the authority having jurisdiction as outlined in Section 107.1 of the USBC. (Ord. of 5-18-90)

Public water and sewer systems: A central water or sewer system owned and/or operated by a municipality, county or service authority or by an individual, partnership or corporation approved by the governing body in accordance with Title 15.1 of the Code of Virginia, as amended.

Quarrying: The industry of extracting stone from an open excavation, including both the extraction and processing of crushed stone for aggregate and related uses and the extraction of stone in blocks for building monumental and related uses.

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

Resident artists: Professionals who create new work in literary, visual, musical, theatrical, dance, and other forms, as evidenced by their education in said fields, training, and expenditure of time in their studio endeavor, regardless of whether they make their living by it.

Residue: The part of an original lot remaining after a portion has been divided off pursuant to Appendix B, Subdivisions, of the Code of Nelson County, as amended. The residue shall be treated as one of the lots within the subdivision. For example, for a two-acre parcel divided off a six-acre parcel, the new lot is identified as one parcel and the residue as the second parcel.

Restaurant: Any building in which for compensation, food or beverages are dispensed for consumption on the premises, including among other establishments cafes, tea rooms, confectionery shops, or refreshment stands. Dancing by patrons shall be considered as entertainment accessory to a restaurant, provided the space made available for such dancing shall not be more than one-eighth ( 1/8 ) of that part of the floor area available for dining. Provisions for dancing made available under this definition shall be subject to the permit requirements of Nelson County.

Retail stores and services: Buildings for display and sale of merchandise at retail or for the rendering of business and personal services (but specifically exclusive of coal, wood and lumber yards) sucñ as the following which will serve as illustration: bank, drugstore, laundromat, newsstand, food store, candy shop, milk dispensary, drygoods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop, and beauty parlor.

Retail store, neighborhood: A single store, the total floor area of which is four thousand (4,000) square feet or less and which offers for sale most of the following articles: bread, milk, cheese, meat, produce, canned and bottled foods and drinks, tobacco products, candy, papers and magazines, and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity.

Roadside stand: Any use of land, vehicle(s), equipment, or facility(s) used by a single vendor for the off-farm sale or resale of agricultural and/or horticultural products, goods, and services, including value-added agricultural or horticultural products. Roadside Stands may include the sale or resale of accessory products, including arts, crafts, and/or farm-related merchandise, as long as the majority of products being offered for sale are, in the aggregate, comprised of agricultural or horticultural products. The majority of products being offered for sale by the Roadside Stand operator must have been cultivated, produced, processed, or created on an agricultural operation owned or controlled by the operator or operator's family. Roadside Stands shall not be located within Virginia Department of Transportation right-of-way.

Roadside stand, class A: A Roadside Stand which accesses a Local or Secondary road, or other road which is not functionally classified (as defined by the Virginia Department of Transportation).

Roadside stand, class B: A Roadside Stand which accesses a Minor Collector, Major Collector, Minor Arterial, Principal Arterial, or other road which is functionally classified (as defined by the Virginia Department of Transportation), or located within three hundred (300) feet of an intersection with any such road.

Sale of new and used vehicles: Any lot and accompanying structure meeting the requirements of the Virginia Department of Motor Vehicles, upon which new and/or used cars, trucks, or other vehicles may be sold.

Sawmill, temporary: A portable sawmill located on a private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto.

Schools of special instruction: A commercial school giving instruction in business, cultural or dramatic subjects.

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

Sign: Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks, or combinations thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a business, a commodity, or product, which are visible from any public way and used as an outdoor display. A display of less than one (1) square foot in area is excluded from this definition.

Sign area: The smallest square, rectangle, triangle, circle, or combination thereof encompassing the entire advertising area, excluding architectural trim and structural supports.

Sign, business: A sign painted, electrical, or otherwise, erected for the purpose of conveying information, knowledge, or ideas to the public about a subject related to the premises upon which said sign is located.

Sign, directional: A directional sign is one (one (1) end of which may be pointed or on which an arrow may be painted) indicating the direction to which attention is called giving only the name of the firm or business responsible for the erection of same and distance.

Sign, home occupation: A sign directing attention to a product, commodity, or service available on the premises; but which product, commodity, or service is clearly a secondary use of the dwelling.

Sign, location: A sign which directs attention to the approximate location of an establishment from which an advertised product or service may be obtained.

Sign, outdoor advertising: A structural poster panel or painted sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject unrelated to the premises upon which it is located.

Sign structure: A structure, including the supports, uprights, bracing and framework be in single-faced, double-faced, V-type, or otherwise, which is located on the ground or on top of another structure and which supports no more than two (2) signs.

Sign structure facing: The surface of the sign upon, against, or through which the message of the sign is exhibited, not including architectural trim and structural supports.

Sign, temporary: Any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other materials with or without frames intended to be displayed for a period of not more than sixty (60) consecutive days.

Site Plan Review Committee: The Site Plan Review Committee shall consist of, but is not limited to, representatives from Federal, State, and local governments, utility companies, other agencies and departments, and other professionals as necessary to review, but not limited to, the site plan, subdivision plat, Special Use Permit application, Rezoning application, zoning amendment, in preparation of the Planning and Zoning Director's comments and recommendations. (Ord. No. O2010-05)

Store: See Retail store, neighborhood; Retail stores and services.

Story: That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it.

Story, half: A space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level.

Street or road: A thoroughfare which affords principal means of access to abutting property.

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

Structure: Anything constructed or erected, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground. Fences are excluded from this definition.

Subdivision: A parcel of land which has been subdivided into smaller parcels or lots for the purpose, either immediate or future, of transfer of ownership or building development. The term "subdivision" includes family division, "re-subdivision," and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. (Ord. No. O2009-06)

Tent: A structure or enclosure, constructed of pliable material, which is supported by poles or other easily removed or disassembled structural apparatus.

Tourist court: See Motel.

Transient: A guest or boarder; one who stays for less than thirty (30) days and whose permanent address for legal purposes is not the lodging or dwelling unit occupied by that guest or boarder.

Transient, extended: A guest or boarder; one (1) who stays for less than one hundred eighty (180) days and whose permanent address for legal purposes is not the lodging or dwelling unit occupied by that guest or boarder.

Transient lodging: Lodging in which the temporary occupant lodges in overnight accommodations for less than thirty (30) consecutive days.

Transient lodging, extended: Lodging in which the temporary occupant lodges in overnight accommodations for less than one hundred eighty (180) consecutive days.

Travel trailer: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreational, and vacation uses. The term "travel trailer" does not include mobile homes or manufactured homes.

Undertaking establishments: See Funeral homes.

Use, accessory: A subordinate use, customarily incidental to and located upon the same lot occupied by the main use.

Vacation house: A house rented to transients. Rental arrangements are made for the entire house, not by room. Vacation houses with more than five (5) bedrooms are subject to the requirements contained in Article 13, Site Development Plan.

Variance: A reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance is not contrary to the intended spirit and purpose of the ordinance, and would result in substantial justice being done.

Vegetative rubbish recycling facility: A facility in which vegetative rubbish, as defined in Section 10-1.T. of the Solid Waste Ordinance, is received from off-site properties and temporarily stored until converted on-site into firewood, and into mulch and compost, and where the resultant firewood, mulch, compost, soil, and rocks are temporary stored prior to their removal.

Wildlife rehabilitation center: A facility whose purpose is the care, rehabilitation, and release of orphaned and injured Virginia native wildlife. Wildlife rehabilitation centers are regulated by the U.S. Fish and Wildlife Service, and the Virginia Department of Game and Inland Fisheries and must be supervised by a wildlife rehabilitator with valid permits from each of these agencies. (Ord. No. O-2011-06)

Winery: An establishment where wine is made, bottled, and/or stored for distribution and which may contain accessory facilities for retail sales and tastings.

Wood yard: A parcel of land or portion thereof, used for the commercial storing and marketing of logs. (Ord. No. O2009-03)

Yard: An open space on a lot other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

Front: An open space on the same lot as a building between the front line of the building (exclusive of steps) and the front lot or street line, and extending across the full width of a lot.

Rear: An open, unoccupied space on the same lot as a building between the rear line of the building (exclusive of steps) and the rear line of the lot, and extending the full width of the lot.

Side: An open, unoccupied space on the same lot as a building between the side line of the building (exclusive of steps) and the side line of the lot, and extending from the front yard line to the rear yard line.

Yard sale: Any offering of household items or clothing for sale on the premises of a private residence. Such sales shall be limited to not more than four (4) sale days in twelve (12) months and any proceeds shall accrue to no more than six (6) individuals not residing in the same household. No items offered shall have been purchased specifically for resale at a profit. Churches and other nonprofit organizations are exempt from these requirements. To be permitted by right in any residential yard.

(Ord. of 9-13-88; Res. of 1-9-90; Res. of 9-11-90; Res. of 2-13-95; Ord. of 11-14-95; Res. of 6-11-96; Ord. of 4-14-98; Ord. No. O2007-03, 5-21-07; Ord. No. O2007-006, § 1, 9-11-07; Ord. No. O2009-03, § 1, 1-13-09; Ord. No. O2009-05, § 1, 7-14-09; Ord. No. O2009-06, § 1, 7-14-09; Ord. No. O2009-10, § 1, 9-8-09; Ord. No. O2010-05, § 1, 7-13-10; Ord. No. O2010-09, § 1, 9-14-10; Ord. No. O2011-01, § 1, 1-11-11; Ord. No. O2011-06, § 1, 8-9-11; Ord. No. O2013-07, 9-10-13; Ord. No. O2014-06, 10-14-14; Ord. No. O2015-02 5-12-15; Ord. No. O2015-06, 8-11-15; Ord. No. O2016-01, 4-12-16; Ord. No. O2016-02, 4-12-16; Ord. No. O2016-04, 1-10-17; Ord. No. O2017-02, 11-16-17; Ord. No. O2019-03, 11-14-19)