§ 30-3. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Words used in the present tense include the future. Words in the singular include the plural, and the plural includes the singular.
Accessory use or structure means a subordinate use or structure customarily incidental to and located upon the same lot occupied by the main use or building. Permitted accessory uses or structures include private garages, guest houses; swimming pools, hot tubs and Jacuzzis; accessory buildings for storage of household goods and maintenance items, tennis courts, basketball courts, volleyball and badminton areas; home gardens and landscaping features, private security or dusk-to-dawn lighting, children's play structures, gazebos, dog houses, dog pens, private greenhouses.
Acreage means a parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any recorded subdivision plat.
Administrator means the official charged with the enforcement of the zoning ordinance. The administrator may be any appointed or elected official who is by formal resolution designated to the position by the town council. The administrator may serve with or without compensation as determined by the town council.
Agriculture means the tilling of the soil, the raising of crops, horticulture, forestry, and gardening.
Alteration means any change in the total floor area, use, adaptability, or external appearance of an existing structure.
Apartments means a building used or intended to be used as the residence of three or more families living independently of each other.
Automobile graveyard means any lot or place which is exposed to the weather upon which more than five motor vehicles of any kind, incapable of being operated, and which it would not be economically practical to make operative, are placed, located, or found.
Base flood elevation (BFE) means the Federal Emergency Management Agency (FEMA) designated 100-year water surface elevation plus one foot.
Base flood/100-year flood means 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).
Board of zoning appeals means the board appointed to review appeals made by individuals with regard to decisions of the zoning administrator in the interpretation of this chapter.
Boardinghouse means a building where, for compensation, lodging and meals are provided for at least five and up to 14 persons.
Building means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels.
Building, accessory, means a subordinate structure customarily incidental to and located upon the same lot occupied by the main structure.
Building, height of, means the vertical distance measured from the level of the curb or the established curb grade opposite the middle of the front of the structure to the highest point of the roof if it is a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip, or gambrel roof. For buildings set back from the street line, the height shall be measured from the average elevation of the ground surface along the front of the building.
Building, main, means the principal structure or one of the principal buildings on a lot, or the building or one of the principal buildings housing the principal use on the lot.
Commercial greenhouses, plant nurseries and landscaping means buildings and structures used for the growing and sale of plants, flowers, shrubbery, and other vegetation for replanting and ornamental horticulture, and/or where landscaping services are provided.
Commission means the planning commission of the town.
Convalescent home, nursing home, or home for the aged means a residential structure established to serve elderly or seriously ill persons for an extended period of time, such persons not being related by blood or marriage.
Development means any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
District means the districts as referred to in state law. For the purpose of this chapter, the incorporated area of the town is hereby divided into the following districts:
(1)
Residential R-1;
(2)
Residential R-2;
(3)
Manufactured Housing Residential District R-3;
(4)
Commercial District C-1;
(5)
Central Business District C-2;
(6)
Industrial District M-1.
Dog house means an accessory structure which provides shelter for a domestic dog kept as a pet. No more than two such structures are permitted per lot in any residential district, and no more than two dogs may be maintained permanently in such structures. All such structures shall be placed in the rear yard, and only two dog houses or one dog pen as defined are permitted per lot.
Dog pen means an accessory structure consisting of a fenced area in which no more than two domestic dogs may be kept as pets. No such structure may be used in the manner of a kennel. One such structure is permitted per lot. All such structures shall be placed in the rear yard, and only one dog pen or two dog houses as defined are permitted per lot.
Dwelling means any building or portion thereof which is used or intended to be used exclusively for residential purposes and contains one or more dwelling units. A dwelling shall be constructed in accordance with the Scott County Building Code.
Dwelling unit means one or more rooms in a dwelling designed for living or sleeping purposes, and having at least one kitchen.
Dwelling, multiple-family, means a structure arranged or designed to be occupied by more than one family.
Dwelling, single-family, means a structure arranged or designed to be occupied by one family, the structure having only one dwelling unit.
Dwelling, two-family duplex, means a structure arranged or designed to be occupied by two families, the structure having only two dwelling units.
Family means one or more persons occupying a premises and living in a single swelling unit, as distinguished from an unrelated group occupying a boardinghouse, lodginghouse, tourist home, or hotel.
Family care home, foster home, or group home means a residential structure established to serve mentally retarded or other developmentally disabled persons, not related by blood or marriage.
Flood means:
(1)
A general and temporary condition of partial or complete inundation of normally dry land areas from:
a.
The overflow of inland or tidal waters.
b.
The unusual and rapid accumulation or runoff of surface waters from any source.
c.
Mudslides (i.e. mudflows) which are proximately caused by flooding as defined in subsection (a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of a current.
(2)
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (a)(1) of this definition.
Floodplain means:
(1)
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation;
(2)
An area subject to the unusual and rapid accumulation or runoff of surface water from any source.
Floodprone area means any land area susceptible to being inundated by water from any source.
Floodway means the designated area of the floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.
Frontage means the minimum width of a lot measured from one side lot line to the other along a straight line on which no point shall be farther away from the street upon which the lot fronts than the building setback line as defined as required herein.
Garage, private, means an accessory building designed or used for the storage of not more than three 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 1½ times as many automobiles as there are dwelling units.
Garage, public, means a building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling, or storing motor-driven vehicles.
Governing body means the town council.
Greenhouse, private, means an accessory structure, usually completely enclosed, used for the cultivation of plants for horticultural use and consumption.
Guest house means an accessory structure which is intended to be occupied by one or more guests of the owner, but in which no provision is made for cooking.
Historic structure means any structure that is:
(1)
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminary determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2)
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminary determined by the Secretary of the Interior to qualify as a registered historic district;
(3)
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4)
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
a.
By an approved state program as determined by the Secretary of the Interior; or
b.
Directly by the Secretary of the Interior in states without approved programs.
Home garden means a garden in a residential district for the production of vegetables, fruits, and flowers generally for use and/or consumption by the occupants of the premises.
Home occupation means any occupation, profession, enterprise, or activity conducted by one or more members of a family residing on the premises which is incidental and secondary to the use of the premises for dwelling purposes, provided that not more than one person other than a family member of the resident family is employed on the premises.
(1)
When within the above requirement, a home occupation includes, but is not limited to the following:
a.
Art, photography, or video studio;
b.
Dressmaking and sewing;
c.
Professional office of a therapist, lawyer, engineer, architect, accountant, salesman, internet sales, or other similar occupation;
d.
Typing, word processing, clerical, or computer operation;
e.
Teaching with musical or educational instruction limited to two pupils at a time;
f.
Keeping of a single guestroom;
g.
Food catering and preparation;
h.
Day care and child care;
i.
Hand-crafts, woodworking, painting, and other artistic endeavors;
j.
Electrical and electronic repair;
k.
Musical training limited to unamplified instruments;
However, a home occupation shall not be interpreted to include the conduct of beauty parlors, barbershops, nursing homes, convalescent homes, rest homes, antique or craft resale, restaurants, tearooms, tourist homes, fortunetellers, firearm sales, or similar establishments. Unspecified businesses must be approved by the planning commission.
(2)
General home occupation standards. All home occupations shall comply with the following:
a.
Appearance. There shall be no exterior evidence that a building is being used for any purpose other than a dwelling or an accessory structure.
b.
Activity. The home occupation shall not cause any odor, dust, smoke, vibration, noise, heat glare or electromagnetic interference, which can be detected at, or beyond, the property line.
c.
Parking. Off-street parking will be provided by the homeowner, where necessary, to handle all vehicle visits authorized under specific traffic classifications. If there is a question whether off-street parking is necessary, the zoning administrator shall make the determination.
d.
Storage. There will be no outdoor storage of equipment, material or stock. There will be no storage on the premises of explosives or highly flammable or extremely hazardous materials as defined by the U.S. Environmental Protection Agency.
e.
Operator. The business must be conducted by a full-time resident of the property.
f.
Square footage usage. There is no limit to the amount of square footage that can be used within the residential structure for business activity.
g.
Number of occupations. More than one home occupation may be conducted on the premises; however the combined business-related impact of all home occupations shall be considered when evaluating the terms of this chapter.
h.
Types of residential structures. Home occupations are permitted in all types of residential structures. If an occupation is located in a townhouse, condominium, multiplex or apartment dwelling, the zoning administrator may restrict business visitor parking to specific hours.
An application to conduct all home occupations shall be filed with the town manager/zoning administrator on forms provided by the town manager/zoning administrator. Business Licenses are required in accordance with chapter 8 "Business Licenses". Such licenses shall be revocable by the town manager/zoning administrator for violations of this section.
Hotel, motel or inn, means a building designed or occupied as the more or less temporary abiding places for 14 or more individuals who are, for compensation, lodged, with or without meals, and in which provision is not generally made for cooking in individual rooms or suites.
Junk yard means an establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, including scrap metals or other scrap or salvaged materials. The term "junk yard" shall also include automobile graveyards as defined in the Code of Virginia, § 33.1-348.
Kennel means any place in which more than three dogs, more than six months of age are kept or any other number of dogs are kept for the purpose of sale or rental or in connection with boarding, care, or breeding, for which any fee is charged.
Lot means a parcel of land occupied or to be occupied by a main structure or group of main structures and accessory structures, together with such yards, open spaces, lot width and lot areas as are required by this chapter, and having frontage upon a street, either shown on a plat or record or considered as a unit of property and described by metes and bounds.
Lot of record means a lot which has been recorded in the clerk's office of the circuit court.
Lot, corner, means a lot abutting on two or more streets at their intersection. Of the two sides of a corner lot, the front shall be deemed to be the shortest of the two sides fronting on streets.
Lot, depth, means the average horizontal distance between the front and rear lot lines, calculated by measuring both the side property lines and the midpoint depth of the lot, then dividing by three.
Lot, double frontage, means an interior lot having frontage on two streets.
Lot, interior, means any lot other than a corner lot.
Lot, width, means the width of any lot at the setback line. Calculated by measuring back a uniform distance from the street line as required by the setback regulation. If the street line curves or angles, then the setback line shall also curve or angle uniformly with the street line and the lot width shall be calculated along the said curve or angle setback line.
Manufacturer and/or manufacturing means the processing 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 park or subdivision means any area designed to accommodate two or more manufactured homes intended for residential use where residences are in manufactured homes exclusively.
Manufactured/mobile home are often used interchangeably. Manufactured/mobile homes are constructed on a chassis for towing, and are designed for use with or without permanent foundation in which in the traveling mode is eight body feet or more in width or 32 feet or more in length, or, when erected on site, is 256 or more square feet. A manufactured/mobile home is subject to federal regulatory standards (42 USC § 5401, the National Manufactured Home Construction and Safety Standards Act). A manufactured/mobile home is required to be registered with the state department of motor vehicles as personal property. A single-wide manufactured/mobile home is 20 feet or less in width and 90 feet or less in length and can be towed to their site as a single unit. A double/triple-wide manufactured/mobile home is 20 feet or more in width and 90 feet in length or less and can be towed to their site in two or more separate units, which are then joined together. A manufactured/mobile home is limited to single-family use only.
May means as a grammatical term, indicates discretionary authority as used here in this chapter.
Modular home means a home different from a mobile home or a manufactured home. A modular home is a dwelling unit which is constructed in compliance with the state building code and the town zoning ordinance composed of components substantially assembled in an off-site manufacturing plant and transported to the building site for final assembly on a permanent foundation (that is, not intended for removal and relocation at a later time). A modular home which is 19 or more feet in width and designed to be placed on permanent foundations once sited. A modular home of less than 19 feet of width but placed on permanent foundations is not considered a modular home. Once sited, the modular home is considered a permanent improvement to the property and may not be relocated. Limited to single-family use only.
Motor home means fully self-contained unit which is built on a truck or bus chassis and is designed for temporary living accommodations for recreation, camping and travel use.
New construction means, for the purposes of determining insurance rates, structures for which the start of construction commenced on or after the effective date of the flood insurance rate map (FIRM) for the town effective date: March 15, 1979, and includes any subsequent improvements to such structures. For floodplain management purposes, the term "new construction" means structures for which the start of construction commenced on or after the effective date of floodplain management regulations adopted by ordinance effective March 15, 1979, in the town and includes any subsequent improvements to such structures.
Nonconforming activity means 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 chapter for the district in in which it is located, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments.
Nonconforming lot means an otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments.
Nonconforming structure means an otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this chapter for the district in which it is located, or is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of the ordinance from which this chapter is derived or as a result of subsequent amendments.
Off-street parking area means space provided for vehicular parking outside the dedicated street right-of-way.
Public water and sewer systems means a water or sewer system owned and operated by the town, or owned and operated by a private individual or corporation approved by the town council and properly licensed by the state corporation commission, and subject to special regulations as herein set forth.
Recreational vehicle means a vehicle which is:
(1)
Built on a single chassis;
(2)
400 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 seasonable use.
There are three basic types of recreational vehicles: travel trailers, motor homes, and truck campers. No recreational vehicle shall be used to provide additional dwelling space at the owner's place of residence on a permanent basis.
Required open space means any space required in any front, side, or rear yard.
Restaurant means any building in which, for compensation, food or beverages are dispensed for consumption on the premises including, among other establishments, cafes, tea rooms, confectionary shops, or refreshments stands.
Retail stores and shops means buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood, and lumber yards) such as the following which will serve as illustration: drug store, newsstand, food store, candy shop, milk dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barber shop, and beauty shop.
Setback means the minimum distance by which any building or structure must be separated from the front lot line.
Shall, as a grammatical term, indicates a required action as used herein.
Sign means any display of any letters, words, numerals, figures, devices, emblems, pictures, or any parts or combinations thereof, by any means whereby the same are made visible for the purpose of making anything known, where such display be made on, attached to, or as a part of a structure, surface, or any other thing, including, but not limited to, the ground, any rock, tree, or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made. A display of less than one square foot in any area is excluded from this definition.
(1)
Business sign means a sign which directs attention to a product, commodity, or service available on the premises, or which directs attention to the location of the establishment where such may be obtained.
(2)
Home occupation sign means a sign not exceeding four square feet in area directing attention to a product, commodity or service available as a result of a home occupation. Only one such sign is permitted per dwelling, and such signs may not be illuminated.
(3)
Billboard sign means a sign, either affixed to a building or other structure or self-supporting by means of a freestanding support structure, generally ten square feet or larger, which advertises products, commodities, or services by means of interchangeable pre-fabricated or painted images and words. The advertiser may or may not be the owner of such signs.
(4)
Mobile directional sign means a sign, generally mounted on a wheeled trailer assembly, internally illuminated and sometimes containing a directional arrow, which advertises by means of interchangeable letters and symbols, and which may be either leased or purchased by the advertiser.
(5)
Identification sign means a sign which directs attention to a non-business enterprise or activity, or which or which directs attention to the location of such an enterprise or activity.
Special exception means, granted by the issue of a special exception and use permit, a special exception to the provisions of this chapter may be considered, granted, or denied by the town council. Activities which require such exceptions are so indicated, and any activity not specified within this chapter is subject to a special exception. The term "special exception" refers to certain categories or uses which are to be permitted only after being submitted to the review of the town council in order to ensure compliance with standards designed to protect neighboring properties and the public.
Start of construction means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start date means either the first placement of permanent construction of a structure on the site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage 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 excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or 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 on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.
Story means 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. If there be no floor above it, the space between the floor and the ceiling next above it.
Street line means the dividing line between a street or road right-of-way and the contiguous property.
Street, road, means a public thoroughfare which affords principal means of access to abutting property.
Structure means anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. The term "structure" includes, among other things, dwellings, buildings, signs, etc.
Substantial damage means 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 percent of the market value of the structure before the damage occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term "substantial improvement" includes structures which have incurred substantial damage regardless of the actual repair work performed. The term "substantial improvement" does not, however, include either:
(1)
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
(2)
Any alteration of an historic structure, provided that the alteration will not preclude the structures continued designation as a historic structure.
Tourist home means a dwelling where only lodging is provided for compensation for up to 14 persons (in contradistinction to hotels and boardinghouses) and open to transients.
Travel trailer means vehicular structure mounted on wheels which is designed as temporary living accommodations for recreation, camping, and travel use, can be easily towed by automobile or small truck and does not require special highway movement permits.
Truck camper means a portable structure designed to be loaded onto or affixed to the bed or chassis of a truck and is designed to be used for temporary living accommodations for recreation, camping, and travel use.
Variance means 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 would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of the ordinance, and would result in substantial justice being done.
Wayside market means any structure or land used for the sale of agricultural or horticultural produce, livestock, or merchandise produced by the owner or his family on their farm.
Yard means an open space on a lot other than a court unoccupied and unobstructed from the ground upward, except as otherwise provided herein:
(1)
Front means an open space on the same lot as a building between front line of the building (excluding steps) and the front lot or street line, and extending across the full width of the lot.
(2)
Rear means an open, unoccupied space on the same lot as a building between the rear line of the building (excluding steps) and the rear line of the lot and extending the full width of the lot.
(3)
Side means an open, unoccupied space on the same lot as a building between the side line of the building (excluding steps) and the side line of the lot, and extending from the front yard line to the rear yard line.
(Comp. Ords., § 24.1; Amend. of 9-19-2017(1) )
(Comp. Ords., § 24.1; Amend. of 9-19-2017(1) )