A.Â
Except as otherwise provided herein, all words shall have the customary
dictionary meaning. The present tense includes the future tense. The
singular number includes the plural and the plural includes the singular.
The masculine gender includes the feminine and neuter genders. The
word "person" includes a firm, association, organization, partnership,
trust, company, or corporation. The word "building" includes "structures"
and the word "lot" includes "plot" or parcel." The word "shall" is
always mandatory, while the word "may" is permissive. The word "used"
or "occupied," as applied to any land or building, shall be construed
to include the words "intended, arranged, or designed to be used or
occupied." The terms "land use" and "use of land" shall be deemed
also to include "building use" and "use of building."
B.Â
Unless otherwise specified, all distances shall be measured horizontally
and at right angles to the line in relation to which the distance
is specified.
When used in this chapter, the following words and phrases shall
have the meaning given in this section:
A commercial slaughterhouse.
A secondary dwelling unit established in conjunction with
and clearly subordinate to a primary dwelling unit, whether a part
of the same structure as the primary dwelling unit or a detached structure
or structures on the same lot.
[Added 1-28-2020]
A subordinate use or structure customarily incidental to
and located upon the same lot occupied by the main use or building.
A measure of land equating to 43,560 square feet.
That part of the 43,560 square feet which exists after deducting
dedicated or conveyed for any public facility, public or authorized
private utility, or any right of way for any proposed streets or street
widening.
A parcel of land, regardless of area, described by metes
and bounds which is not a numbered lot on any recorded subdivision
plat.
Any construction which increases the area of cubic content
of a building or structure. The construction of walls which serve
to enclose completely any portion of an existing structure such as
a porch, shall be deemed an addition within the meaning of this chapter.[1]
The tilling of the soil, the raising of crops, horticulture,
forestry and gardening, including the keeping of animals and fowl,
and including any agriculture industry or business such as fruit packing
plants, dairies, or similar use, not including abattoir.
A facility for the landing and take off of aircraft, which
may have servicing facilities, including service to patrons, from
which revenue is derived.
Any structure, tree, or use of land which obstructs the airspace
required for, or is other wise hazardous to, the flight of aircraft
in landing or taking off at the airport.
Any passage or way open to public travel, affording generally
a secondary means of vehicular access to abutting lots and not intended
for general traffic circulation.
Any material change in the floor area, use, adaptability
or external appearance of an existing structure.
Any change, removal, replacement, reinforcement, or addition
of beams, ceiling, and floor joists, reinforced concrete floor slabs
(except those of fill), load bearing partitions, columns, exterior
walls, stairways, roofs, corridors, or other structural materials
used in a building that supports the said beams, ceiling and floor
joists, load bearing partitions, columns, exterior walls, stairways,
roofs, or structural materials used in the building or structure.
A building or structure used to provide or stage public entertainment
for which a charge is imposed in the form of an entrance fee, or separate
fees, for the use of amusement devices therein.
A building or group of buildings having treatment rooms,
cages, pens, or kennels for the medical or surgical treatment of small
animals, dogs, cats, birds, etc.
Any keeping, boarding, breeding, or raising of any number
of horses, goats, sheep, poultry, or other customary farm animals
for any purpose; or of more than a total of five dogs, cats, or other
customary pet animals for noncommercial purposes.
A part of a building containing housekeeping facilities,
consisting of a room or a suite of rooms intended, designed, and used
as a residence by a single family.
A building designed for, or occupied exclusively, by three
or more families living independently of each other.
A motor vehicle designed to carry one or more passengers
on ordinary roads. The term "automotive" includes all motorized vehicles.
[Amended 7-20-1992]
Any lot or place which is exposed to the weather upon which
there are more than two motor vehicles of any kind, not operable and
not licensed, and where the cost of restoring each automobile to running
condition is the same or more than the value placed on such vehicles
for personal property tax purposes.
Any building, structure, or land used for the dispensing,
sale, or offering for sale at retail of any motor vehicle fuels, oils,
or accessories, including lubricating or washing of motor vehicles
and replacement or installation of minor parts and accessories, but
not including major repair work such as motor replacement, major body
and fender repair, or spray painting.
[Amended 12-18-2000]
An open area, other than a street or required automobile
parking space, used for display or sale of new or used automobiles,
trailers, or motor vehicles of any kind, and where no repair work
is done.
[Amended 12-18-2000]
A story having at least 1/2 of its average height below the
average ground elevation. Average story height and average ground
elevations are determined by measuring at each corner and at midpoints
of each wall.
A limited bed-and-breakfast facility is a structure in which
guests are provided with sleeping quarters for a fee. The proprietor
shall reside in the facility. The structure must appear to be an ordinary
dwelling and shall display no other than a single sign not larger
in surface area than three square feet. Guests may be provided with
morning meals only and may be lodged no more than 14 consecutive days.
No more than four bedrooms may be available for guests. No more than
eight guests shall be lodged at one time, except for minors in the
company of adult guests. Persons considering a bed-and-breakfast application
should be familiar with State Health Department and Building Code
requirements, which may require expensive structural modifications
to existing residences.
A building usually equipped with a forge, used for the shaping
and repair of iron and other metals.
Board of Zoning Appeals of the Town of Elkton, Virginia.
A single detached dwelling in which the property owner resides
for which a proper permit and license have been issued, where for
compensation and by prearrangement for definite periods, lodging and/or
meals are furnished for no less than three persons or more than 10
persons not of the same family. There shall be no more than one boarding
or rooming house on each recorded lot. This shall include the term
"lodging house."
A structure entirely open, except for roof and supporting
columns, which connects a residence and an accessory building on the
same lot.
An establishment where beer, ale, or similar alcoholic beverages
are brewed.
A permanent structure having one or more stories and roof,
designed primarily for the shelter, or enclosure of persons, animals,
or property of any kind. A building includes modular buildings and
modular homes, but does not include manufactured homes (mobile homes).
A subordinate building located on the same lot as the main
building, the use of which is incidental and accessory to that of
the main building or use.
[Amended 12-18-2000]
The portion of a lot remaining after required yards have
been provided.
The Virginia Uniform Statewide Building Code as adopted by
the Board of Supervisors of Rockingham County and as amended.[2]
A building surrounded by open space on the same lot.
The side of a building creating the front line of a building
(excluding steps and facing the front lot line or street line).
The vertical distance measured from the level of the curb,
or if none, to the established curb grade opposite the middle of the
front of the structure to the highest point of the roof if a flat
roof, to the deckline of a mansard roof, or to the mean height level
between the eaves and ridge of a gable 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.
An appointed official of the Town of Elkton, Virginia, who
is responsible for certifying building inspections.
A building which contains the principal use of the lot on
which it is situated. In any residential district, any dwelling shall
be deemed to be a main building.
A document signed by the Zoning Administrator, as required
in these land development regulations, as a condition precedent to
the commencement of a use or the erection, construction, reconstruction,
restoration, alteration, conversion, or installation of a structure
or building, which acknowledges that such use, structure, or building
complies with the provision of this chapter.
[Amended 12-18-2000]
A line establishing the minimum allowable distance between the nearest portion of any building, excluding any uncovered porches, steps, gutters, and similar fixtures, and the front lot along any street or road when measured thereto. (See § 110-503, last sentence.)
A piece of land consisting of the minimum area of required
square footage of the zoning district where it is located where a
permitted use or structure may be placed.
Any wholesale, retail, or service activity established to
carry on trade for a profit.
[Amended 7-20-1992]
An area upon which are located sites for two or more trailers,
campers, and other camping facilities for seasonal or recreational
occupancy.
A structure used for the processing and canning of foods.
A roofed space having one or more sides open to the weather,
primarily designed or used to park motor vehicles.
A story having more than 1/2 of its height below grade and
which may not be occupied for dwelling purposes.
Property used for the interring of the dead. This term shall
include mausoleums and other forms of burial above ground.
Any facility operated for the purpose of providing care,
protection, and guidance to a group of children separated from their
parents or guardians during part of the day only, and meeting the
licensing requirements of child-care centers of § 63.1-196
of the Code of Virginia, 1950, as amended.
A building where persons regularly assemble for religious
worship, and which is maintained and controlled by a religious body
organized to conduct public worship.
The Circuit Court of Rockingham County, Virginia.
The Clerk of the Circuit Court having jurisdiction in the
Town of Elkton, Virginia.
An establishment where patients, who are not lodged overnight,
are admitted for examination and treatment by one or more licensed
persons practicing medicine, dentistry, or other healing arts.
Buildings and facilities, owned and operated by corporation,
association, person or persons, for a social, educational, traditional,
or recreational purpose, to which membership is required for participation
and not operated primarily for profit nor to render a service which
is customarily carried on as a business. The term "club" may include
hunting and fishing clubs, country clubs and lodges. Nightclubs and
community centers are excluded and defined otherwise herein.
[Amended 12-18-2000]
A type of development that allows the reduction of lot sizes
below the zoning minimum requirements if the land thereby gained is
permanent open space of the development.
Any wholesale, retail, or service business activity established
to carry on trade for a profit.
The Planning Commission of the Town of Elkton, Virginia.[3]
All open space within the boundaries of a planned development, designed and set aside for use by all residents of the planned development or by residents of a designated portion of the planned development, in accordance with the standards set forth in § 110-609.
A building for social, educational, and recreational activities
of a neighborhood or community, provided any such use is not operated
primarily for commercial gain.
The Comprehensive Plan for Elkton, Virginia, as adopted and
amended.
A building, or group of buildings in which units are owned
individually, and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
An open, unoccupied space other than a yard with a building,
or group of buildings, which is bounded on two or more sides by such
building or buildings and every part of which is clear and unobstructed
from its lowest point to the sky.
A street with only one outlet terminating in a circular turning
area.
The elevation of the established curb in front of the building
measured at the midpoint of such frontage. Where no curb exists, the
Town shall establish such curb grade of the existing or proposed street
grading plans of the town.
An operation of a livestock establishment where the production
of milk is its primary purpose.
That portion of open space within the boundaries of a planned
development, whether common open space or dedicated open space, which
is improved for recreational purposes, such improvements may include,
but not limited to, pedestrianways and bridle paths, play lots and
playgrounds, and sport facilities such as tennis courts, golf courses,
boating docks, and shuffleboard courts.
An owner of property being subdivided, whether or not represented
by an agent.
[Amended 12-18-2000]
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, streets,
and other paving, utilities, filling, excavation, mining, dredging
or drilling.
A portion of the territory of the Town of Elkton, Virginia,
in which certain uniform regulations and requirements or various combinations
thereof apply under the provisions of the adopted zoning regulations.
An establishment designed or operated to serve a patron while
seated in a motor vehicle parked in an off-street parking space.
An area of a lot used for the movement of motor vehicles.[4]
Any area of 100 square feet or more lying within 1,000 feet
of a state highway, a residence, or a food-handling establishment
where trash, garbage, other waste, or scrap material is dumped or
deposited without being covered by a sanitary fill.
A single structure containing two dwelling units each with
its own exterior entrance.
A building or portion thereof designed or used for permanent
residential occupancy of a family, but not including a motel, boardinghouse,
hotel, motor hotel, lodge, inn, rooming house, hospital, transitional
housing/living center, home for adults, group home, nursing home,
or manufactured home.
[Amended 7-20-1992; 4-18-2016; 11-18-2019]
One unit of a series of one or more detached one-family dwellings
erected on lots enclosed to the rear of the front building line on
all sides by a continuous screening fence or wall not less than six
and not more than seven feet high, or a side wall of a building with
no openings, with no adjacent units of any series of units having
the same contents of materials on fences, walls, or side walls of
buildings.
A building occupied by three or more families living independently
of each other.
[Amended 12-18-2000]
A building containing three or more independent living units
where the proposed multiple-family development is "housing for older
persons" as defined by § 36-96.7 of the Code of Virginia
(1950), as amended, and is for adults only.
[Added 11-17-2008]
A group of two or more single-family dwelling units which
are joined to one another by a common party wall, a common floor-ceiling,
and/or connecting permanent structures such as breezeways, carports,
garages, or screening fences or walls, whether or not such group is
located on a single parcel of ground or on adjoining individual lots.
Each unit shall have its own outside entrance(s); architectural facades
or treatment of materials shall be varied from one unit to another;
and no more than three abutting units in a row shall have the same
front and rear setbacks, with a minimum setback offset being one foot.
(Dwellings such as a semi-detached, garden court, patio house, and
townhouse are single-family attached dwellings.)
[Amended 12-18-2000]
A building designed for, and occupied exclusively by, one
family, which is entirely surrounded by open space or yards on the
same lot.
A building designed for, and occupied exclusively by, two
families living independently of each other.
One or more rooms located within a building and forming a
single unit with facilities which are used, or intended to be used,
for living, sleeping, cooking, and eating purposes.
A right to use land for a specific purpose, granted for the
benefit of either a person or another parcel of land.
An engineer currently registered by the Commonwealth of Virginia.
A structure on the roof of a building containing necessary
mechanical equipment, elevator equipment, and/or stairways.
[Amended 12-18-2000]
[Amended 12-18-2000; 4-18-2016]
An individual living alone in a dwelling unit; or
Any of the following groups of persons, living together and
sharing living areas in a dwelling unit:
Two or more persons related by blood, marriage, adoption, or
approved foster care;
A group of not more than four persons (including servants) who
need not be related by blood, marriage, adoption, or approved foster
care;
A group of not more than eight persons with mental illness,
intellectual disability or developmental disabilities residing with
one or more resident or nonresident staff persons in a facility whose
licensing authority is the Department of Behavioral Health and Developmental
Services, provided that mental illness and developmental disability
shall not include current illegal use of or addiction to a "controlled
substance" as defined in § 54.1-3401 of the Code of Virginia
(pursuant to Virginia Code § 15.2-2291, as amended from
time to time);
A group of not more than eight aged, infirm or disabled persons
residing with one or more resident counselors or other staff persons
in a residential facility or assisted living facility for which the
Virginia Department of Social Services is the licensing authority
(pursuant to Virginia Code § 15.2-2291, as amended from
time to time);
A group of not more than two adults who need not be related
by blood or marriage, and the dependent children of each of the two
adults, provided that the children are under 19 years of age or are
physically or developmentally disabled.
Any person(s) who is a natural or legally defined offspring,
spouse, or parent of the owner.
Any private family home in which more than three children
are received for care, protection, and guidance during only part of
the day, except children who are related by blood or marriage to the
person who maintains the home, and meeting applicable licensing requirements
for family day-care homes of § 63.1-196 of the Code of Virginia.
A barrier enclosing or bordering a field, yard, or lot used
to prevent entrance, to confine, or to mark a boundary.
A detailed, binding map and list of design and construction
characteristics for land to be developed in a Planned Unit Development
District R-8.
[Amended 12-18-2000]
A general temporary inundation of lands not normally covered
by water that are used or are usable by man including concurrent mud
slides.
The maximum area of the floodplain which is likely to be
flooded once every 100 years or for which mud slides can be reasonably
precipitated. These areas are defined by the Department of Housing
and Urban Development's Hazard Mapping or Rate Study Mapping September
3, 1992.
[Amended 12-18-2000]
An area, usually a relatively flat or low land area adjoining
a river, stream, or watercourse, which has been in the past, or can
be reasonably expected in the future, to be covered temporarily by
a flood.
A combination of structural provisions, changes, or adjustments
to properties and structures subject to flooding required for new
construction in the floodplain by the Virginia Uniform Statewide Building
Code, Section 135.6.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge the waters of the one-hundred-year
flood.
Business and industrial buildings or buildings containing mixed
uses: the sum or the gross horizontal areas of the several floors
of a building measured from the exterior faces of the exterior walls
or from the center line of walls separating two buildings, but not
including:
Residential buildings: the sum of the gross horizontal areas
of several floors of a dwelling, exclusive of garages, basements,
and open porches, measured from the exterior faces of the exterior
walls.
A building, or any portion thereof, being lived in for dwelling
purposes by a fraternity, sorority, association, or group or more
than three unrelated persons, but not more than 10 unrelated persons
who are associated or formally organized for social, educational,
religious or recreational purposes, and subject to the same permit
and license requirements as needed for operating a boarding or rooming
house.
All of the property on one side of a street between two intersection
streets (crossing or terminating), measured along the line of the
street, or if the street is dead ended, then all the property abutting
on one side between an intersecting street and the dead end of the
street.
The distance for which the front boundary line of the lot
and the street line are coincident.
Accessory building designed or used for the storage of motor
vehicles owned and used by the occupants of the building to which
it is accessory.
A building, or portion thereof, other than a private storage
or parking garage, designed or used for equipping, servicing, repairing,
hiring, selling, or storing motor-driven vehicles.
A building, or portion thereof, designed or used exclusively
for storage of motor vehicles and within which motor fuels and oil
may be sold, but motor vehicles may not be equipped, serviced, repaired,
hired, or sold.
Any use of land, unenclosed except for fencing, for the raising
of grass, flowers, vegetables, crops, or trees generally for the use
and/or consumption by the occupants of the premises.
A single store, the ground floor of which is 4,000 square
feet or less, which offers for sale general merchandise. Gasoline
and oil may also be offered for sale but only as a secondary activity.
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.
A limited area on which golf players do not walk, but onto
which they drive golf balls from a central driving tee.
A limited area on which a shorter version of the game of
golf is played.
The Town Council of the Town of Elkton, Virginia.
For buildings having a wall or walls adjoining one street
only, the elevation of the sidewalk at the center of the wall facing
the street; for buildings having a wall or walls adjoining more than
one street, the average elevation of the sidewalk at the center of
all walls adjoining the streets; when no sidewalk exists or when a
wall does not meet the requirements of adjoining, the average level
of the finished ground surface adjacent to the exterior walls of a
building which faces a street. Any wall parallel to, or within 10°
of being parallel to and not more than 15 feet from a street line
is to be considered as adjoining the street. Sidewalk grades shall
be established by the Town Engineer.
A structure, usually built from glass or plastic, for the
growing of tender plants, generally for use or consumption by the
occupants of the premises.
A structure, with its roof and sides largely made of translucent
materials, designed or used for the cultivation of plants for use
or consumption by the occupants of the premises used for commercial
trade.
A structure, with its roof and sides largely made of translucent
materials, designed or used for the cultivation of plants for use
or consumption by the occupants of the premises.
Any facility providing full-time care, maintenance, protection,
and guidance to more than three children separated from their parents
or guardians.
A group housing project shall consist of two or more buildings located on a site with a minimum land area of two acres where the building arrangement is such that the property cannot be subdivided into conventional streets and lots that meet the requirements of this chapter and Article IX, Subdivision Regulations, of this chapter.
Living quarters within a detached accessory building located
on the same premises with the main building for use by temporary guests
of the occupants of the premises, such quarters having no separate
utility meters, and not rented or otherwise used as a permanent separate
dwelling.
The legally designated health authority of the Department
of Health, Commonwealth of Virginia, for the Town of Elkton, Virginia,
or his or her authorized representative.
See "building, height of."
The official designated by the Virginia Department of Transportation
to inspect subdivision streets, alleys, and other public ways.
An area containing buildings or places in which historic
events occurred or having special public value because of noticeable
architectural or other features relating to the cultural or artistic
heritage of the community, or of such significance as to warrant conservation
and preservation, and which has been so designated by the Virginia
Historic Landmarks Commission or some other local, state, or federal
government agency.
Any facility other than a nursing home, providing part-time
or full-time care to three or more aged, infirm, or disabled adults.
Persons related by blood or marriage to the operator of the facility
shall not be counted.
A gainful occupation or profession conducted by persons residing
on the premises as an incidental and accessory use.
[Amended 5-16-1994]
A building or buildings in which medical or related services
are provided pursuant to a license as a hospital by the State Hospital
Board.
An institution rendering care primarily for mentally ill
or handicapped patients, alcoholics, or drug addicts.
A building in which lodging, or boarding and lodging, are
provided for more than 10 persons, primarily transient and offered
to the public for compensation and in which ingress and egress to
and from all rooms is made through an inside lobby or office supervised
by a person in charge at all hours. As such, it is open to the public
in contradiction to a boardinghouse or rooming house as defined herein.
A hotel may include restaurants, taverns, or club rooms, public banquet
halls, ballrooms, and meeting rooms.
A nonprofit corporation or establishment whose purpose is
civic, educational, charitable, religious or philanthropic in nature.
A lot, land, structure, or part thereof, used primarily for
the collecting, storage, and sale of waste paper, rags, scrap metal,
or discarded material; or for the collecting, dismantling, storage,
and salvaging of machinery or vehicles and for the sale of parts thereof.
A place prepared to house, board, breed, handle or otherwise
keep or care for any type of animals for sale or in return for compensation.
The title of this document, including the Zoning Ordinance
and Subdivision Regulations.
A portion of a building that is designed or used for permanent
residential occupancy as a dwelling.
[Added 4-18-2016]
A space or a portion of any area designated, required, or
by its nature used as an area for the temporary parking of motor vehicles
while transferring, loading, or unloading goods, merchandise, or products
or while performing services. Such space shall be a minimum of 10
feet in width, 25 feet in length, and 15 feet in height.
A parcel of land occupied, which may 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, either shown on a plat of record or considered as
a unit of property and described by metes and bounds, and having its
principal frontage upon a street or upon an officially approved place.
For new construction, the physical address of a lot shall
be the street deemed as the front of the lot.
[Added 9-15-2014]
The total horizontal area within the lot lines of a lot.
That part of the lot which exists after deducting land dedicated
or conveyed for any public facility, public or authorized private
utility, or any right of way for any streets or street widening.
A lot abutting upon two or more streets at their intersection.
The front of the lot will be determined by the Zoning Administrator
in conjunction with the developer based on the best use of the land
and the appropriateness for the existing neighborhood. In general,
the front of the structure placed on the lot should face the front
of the lot. A lot abutting on a curved street or streets shall be
considered a corner lot if straight lines drawn from the foremost
point of the lot meet an interior angle of less than 135°.
[Amended 9-15-2014]
The ratio of the horizontally projected area of the main
and accessory buildings and uses on a lot to the total area of the
lot, except where otherwise defined herein.
[Amended 12-18-2000]
The average horizontal distance between the front and rear
lot lines.
An interior lot having frontage on two streets.
Any lot other than a corner lot.
The boundary line of a lot.
The lot line separating a lot from a street right-of-way.
A lot or parcel of land where existence, location, and dimensions
have been recorded in the Office of the Clerk at the time of the adoption
of this chapter.
A through lot which is not accessible from one of the parallel
or non-intersecting streets upon which it fronts.
The average horizontal distance between side lot lines.
The primary purpose for which land or a building is used.
The processing and/or converting of raw, unfinished materials
or products, or either of them, into articles or substances of different
character, or for use for a different purpose.
A structure subject to federal regulation 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 utilities;
and includes the plumbing, heating, air-conditioning, and electrical
systems contained in the structure.
[Amended 12-18-2000; 11-18-2019]
A roof-like structure or awning projecting over an entrance;
for example, a theater marquee.
A long-term, general outline for projected development.
Any area or tract of land used by or designed to accommodate
one mobile home.
A parcel of land designed, constructed, equipped, operated,
and maintained for the purpose of providing spaces for two or more
manufactured homes (mobile homes) intended to be used as temporary
or permanent living facilities.
[Amended 12-18-2000]
Any area designated to accommodate three or more mobile homes
intended for residential use on lots and stands owned by the mobile
home owner.
A single or multifamily house, apartment unit, commercial
building, and permanent additions thereof, comprised of one or more
sections, that is intended to become real property, primarily constructed
at a location other than the permanent site, built to comply with
the Virginia Industrialized Building Safety Law[5] as regulated by the Virginia Department of Housing and
Community Development, and shipped with most permanent components
in place to the site of final assembly. "Modular building" does not
include any manufactured building subject to and certified under the
provision of the National Manufactured Housing Construction and Safety
Standards Act of 1974.[6]
[Amended 11-18-2019]
A single or multifamily house and permanent additions thereof,
comprised of one or more sections, that is intended to become real
property, primarily constructed at a location other than the permanent
site, built to comply with the Virginia Industrialized Building Safety
Law[7] as regulated by the Virginia Department of Housing and
Community Development, and shipped with most permanent components
in place to the site of final assembly. "Modular home" does not include
any manufactured home subject to and certified under the provision
of the National Manufactured Housing Construction and Safety Standards
Act of 1974.[8]
[Amended 11-18-2019]
One or more buildings containing individual sleeping rooms,
designed for or used temporarily by tourists or transients, with garage
or parking space conveniently located to each unit. Cooking facilities
may be provided for each unit.
A unit or subordinate which is, or becomes, self-propelled
and is designed for human habitation on a short-term basis.
A single store with a floor area of 4,000 square feet or
less, which offers for sale general merchandise to the people of the
area for their day-to-day needs.
An establishment which includes in addition to the serving
of food and entertainment, the provision for dancing and sale of malt
beverages to the public.
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 which it is located.
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.
An otherwise legal building or structure that does not conform
to the lot area, yard, height, lot, coverage, or other area regulations
of this chapter, 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.
A place or an area where plants (as trees and shrubs) are
grown for transplanting, for use as stocks for budding and grafting,
or for sale.
Any facility or any identifiable component of any facility
in which the primary function is the provision, on a continuing basis,
of nursing services and health-related services for the treatment
and inpatient care of two or more nonrelated individuals, including
facilities known by varying nomenclature or designation, such as convalescent
homes, rest homes, skilled-care facilities, intermediate-care facilities,
extended-care facilities, and infirmaries.
[Amended 12-18-2000]
A building used primarily for conducting the affairs of a
business, profession, service, industry or government, or like activity,
that may include ancillary services for office workers such as a restaurant,
coffee shop, newspaper or candy stand.
[Amended 12-18-2000]
The total area of land, water, or land and water within the
boundaries of a planned development designed and intended for use
and enjoyment as open areas, and either:
[Amended 12-18-2000]
Not improved with a building, structure, street, road, or parking
area; or
Improved only to the extent that such improvements are complimentary,
necessary, or appropriate to the use or enjoyment of the areas as
open space, common open space, and developed recreation space. For
purposes of computing minimum open space requirements within a planned
development, open space shall include areas dedicated or conveyed
to and accepted by the Town for school sites and for road and highway
rights-of-way when such rights-of-way are not necessitated by the
particular planned development.
Any space required in any front, side, rear yard, or court.
An open, unoccupied space used, or required for use, for
parking of motor vehicles exclusively, and in which no gas or motor
vehicle accessories are sold or no other business is conducted.
Space provided for motor vehicle parking outside the dedicated
street right-of-way.
A space used as an area for temporary storage of passenger
vehicles. Such space shall be a minimum of 10 feet in width and 20
feet in length.
A self-contained and privately maintained area accessed by a public street but allowing no through traffic routes and providing such off-street parking as may be required under this chapter for the building served. Said parking unit shall be entered from the public street, shall offer adequate ingress and egress for emergency vehicles, and shall be developed according to standards found in § 110-703B, herein.
[Amended 11-17-2008]
Land publicly or privately owned devoted to recreational
pursuits, usually an open area reserved for outdoor activities, such
as play, hiking, exercise, botanical gardens, or competitive sport
not requiring structures for habitation.
An uncovered deck, patio, or similar area without side enclosures
(other than the side of an adjacent building), without screening,
and having a floor of paving, decking, or other similar material.
A small enclosure used for the concentrated confinement and
housing of animals or poultry; a place for feeding and fattening animals;
a coop. Enclosed pasture or range with an area in excess of 100 square
feet for each hog or small animal or 200 square feet for each larger
animal shall not be regarded as a pen.
A sketch of the site drawn to scale, showing the dimensions
of the property, the approximate location of buildings, roads, parking
areas, and landscaping; the number of dwelling units or commercial
or other types of buildings; and other information essential determining
whether the provisions of this chapter are being observed.
The schematic representation of land divided or to be divided.
Any porch shall include a veranda, gallery, terrace, or similar
projection from a main wall of a building and covered by a roof, other
than a carport as defined in this article. An "unenclosed porch" is
a porch with no side enclosure (other than the side of the building
to which the porch is attached) that is more than 18 inches in height,
exclusive of screens.
A completely assembled and erected building or structure,
including the services equipment, of which the structural parts consists
of prefabricated individual units or subassemblies; and in which the
service equipment may be either prefabricated or at-site construction.
A parcel of land, together with any building or structures
occupying it.
When used in connection with "use" and "occupancy," a use
or occupancy by persons generally engaged in rending personal executive,
sales, or administrative services or activities, including accountants,
architects, professional engineers, land surveyors, doctors, lawyers,
insurance agents, real estate brokers, religious organizations stock
brokers, and administrative agencies considered professional in character.
The term does not include repair or sales of tangible personal property
stored or located within the structure nor any use which would create
any loud noise or noxious odors.
The office of a member of a recognized profession maintained
for the conduct of that profession.
A building owned by a governmental agency and used for governmental
functions.
Public service structures, such as power plants or substations;
waterlines, treatment plants or pumping stations, sewer disposal systems
and treatment plants; or such similar operations publicly or privately
owned furnishing electricity, gas, rail transport, communications
transport, communications, or related services to the general public.
A water or sewer system owned and operated for public use
by a municipality, or county, or by a private individual, corporation,
or association.
Equipment used by a broadcasting facility licensed in the
public interest, convenience, and necessity by the Federal Communications
Commission for transmitting or receiving radio or television signals.
A structure erected over a mobile home for the purpose of
providing shade or shelter.
The overall number of dwelling units allowed per acre.
Any place, building, or establishment used in whole or in
part as a dwelling, or used for the care, protection, or guidance
of any persons during any part of the day, including but not limited
to hospitals, schools, single-family and multifamily dwellings, mobile
homes, child-care centers, family day-care homes, group homes, homes
for adults, colleges, and correctional institutions.
Any building in which, for compensation, food or beverages
are dispensed for consumption on or off the premises, including, among
other establishments, cafes, delicatessens, or refreshment stands.
An eating establishment where the person being served may
consume food and/or drink while sitting in a motor vehicle, as opposed
to a restaurant serving exclusively inside or adjacent to the main
building.
Buildings for display and sale of merchandise at retail or
for the rendering of personal services (but exclusive of coal, wood,
and lumber yards), such as the following: drug store, newsstand, food
store, candy shops, milk dispensary, dry goods and notions store,
antique store, gift shop, hardware store, household appliance store,
furniture store, florist, optician, music and radio store, tailor
shop, barbershop, and beauty shop.
Access over or across particularly described property for
a specific purpose or purposes.
The dividing line between a lot, tract, or parcel of land
and a contiguous street, railroad, or public utility right-of-way.
Any accessory structure exceeding four feet in diameter,
capable of receiving, for the sole benefit of the principal user,
radio or television signals from a transmitter or a transmitter relay
located in planetary orbit.
A mill or machine designed or used for the processing of
timber.
A portable mill or machine for cutting timber grown primarily
on the premises.
A public, parochial, or private school or college, or a school
for the mentally or physically handicapped, giving regular instructions
at least five days a week, except holidays, for a normal school year
of not less than seven months, but shall not include a school of special
education or a riding school, however designated. For the purpose
of this chapter, a kindergarten or day-care center shall be considered
a school of general education.
[Amended 12-18-2000]
Same as public except adds tuition; may include nursery and
kindergarten but not child-care center.
The minimum distance by which any building structure must
be separated from the front lot line.
A line generally parallel with and measured from the front
lot line, defining the limits of a yard in which no building or structure
may be located above ground.
The provision of a room or space that is suitable or intended
for occupancy for dwelling, sleeping, or lodging purposes, for a period
of at least two consecutive days but fewer than 30 consecutive days,
in exchange for a charge for the occupancy.
[Added 9-17-2018]
Any display of any letters, words, numerals, figures, devices,
emblems, pictures, symbols, or any parts or combinations thereof,
by any means whereby the same are made visible for the purpose of
making anything known, whether 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 tree, or other natural object,
which display is visible beyond the boundaries of the parcel of land
on which the same is located.
[Amended 12-18-2000; 9-17-2018]
The entire area encompassing all writing, reproduction, emblem,
or any figure of similar character of a sign, together with any frame
or other material or color forming an integral part of the display
or used to differentiate the sign from the background against which
it is placed; excluding the necessary supports, or lights on which
the sign is placed. The support structure for the sign shall not be
included in the sign area calculations as long as the support structure
does not contain lettering or other details that would normally be
construed as signage. On double-faced signs, whose sign faces are
parallel and are at no point more than two feet from one another,
only one display face shall be measured in computing total sign area.
Square footage shall be calculated by multiplying the height at the
highest point by the width at the widest point, regardless of the
shape of the sign face.
[Amended 9-20-1993; 12-18-2000; 9-17-2018]
A sign which directs attention to a product, commodity, or
service available on the premises.
Portable sign that is designed to advertise business daily
specials. These signs shall be self-supporting and designed for portability
so they can be taken inside each night.
[Added 4-16-2012]
A directional sign is one (one end of which may be pointed,
or on which an arrow may be painted) indicating the direction to which
attention is called. Four square feet or less in area giving the name
only of a firm or business responsible for the erection of such sign.
A sign illuminated internally or on the surface of the sign
itself.
A sign displaying a message or information which may be changed
by electric or electronic controls. Such a sign shall not create an
unsafe driving situation or distraction for vehicle drivers, pedestrians
or other persons. The message or information may be changed from time
to time and need not be set forth in the sign permit application.
[Added 5-19-1997]
Any illuminated sign on which the artificial or reflected
light is not maintained stationary and constant in intensity and color
at all times when in use. Any revolving illuminated sign shall be
considered a flashing sign. An electronic message board sign is not
a flashing sign.
[Amended 5-19-1997]
Any sign permanently supported by an upright structural member(s)
in the ground and not attached to a building.
[Amended 9-20-1993]
A sign which directs attention to a product, commodity, or
service not necessarily conducted, sold, or offered upon the same
lot where such sign is located.
A sign which is used for the introduction, promotion, or
announcement of a new business, store, shopping center, office, or
other business.
A sign not exceeding four square feet in area directing attention
to a product, commodity or service available on the premises, but
which product, commodity, or service is a secondary use of the dwelling.
A sign which carries only the name of the firm, the major
enterprise, or the principle product offered for sale on the premises,
or a combination of these.
A sign that is illuminated from a source separate from the
sign.
A sign which directs attention to the approximate location
of an establishment from which the advertised product may be obtained.
The replacing of a part or portion of a sign, made unusable
by ordinary wear and tear, or the reprinting of existing copy without
changing the wording.[9]
[Amended 12-18-2000]
A sign constructed in a manner that it is not permanently
affixed to real estate and can be moved from site to site without
being disassembled. Messages are attached to this sign with permanent
or changeable letters.
[Added 2-21-1994; amended 4-16-2012]
Sign designed by a business vendor to promote his or her
products that is posted outside of the business' building. These include
spring signs, posters, flags, banners, or any other means of product
promotion provided by the product manufacturer or vendor.
[Added 4-16-2012]
A sign attached to and perpendicular to the building wall.
A sign erected on the roof of a structure.
[Amended 11-19-1990]
A sign erected either on the edge of the roof or on top of
the parapet wall, whichever forms the top line of the building silhouette
and, where a building has several roof levels, this roof or parapet
shall be the one belonging to that portion of the building on whose
wall the sign is located.
The supports, uprights, bracing and/or framework of any sign
structure.
A sign, either a banner, pennant, poster, or advertising
display constructed of cloth, plastic sheet, cardboard, wall board,
or other nondurable material, applying to a seasonal or other brief
activity, such as but not limited to summer camps, horse shows, auctions,
sale of land, or community events.
[Amended 9-20-1993]
A sign affixed directly to or painted on, or otherwise inscribed
on, an exterior wall or parapet and confined within the limits thereof
of any building and which projects from that surface less than 12
inches at all points.
A sketch of the site drawn to scale, showing the dimensions
of the property, the approximate location of buildings, roads, parking
areas, and landscaping, the number of dwelling units or commercial
or other types of building, and other information essential for determining
whether the provisions of this chapter are being observed.
A use which, by its nature, can have undue impact upon or
be incompatible with other uses of land within a given zoning district.
The uses which are described in this chapter may be allowed to locate
within a given designated district under the controls, limitations,
and regulations of a special exception permit.
A permit issued by the Town Council for a special exception or use, pursuant to Article VIII, in a designated district after evaluation of the impact and compatibility of such use; restrictions and conditions, to insure the use being compatible with the neighborhood in which it is to be located.
A space by its nature used as an area for the temporary stopping
of a motor vehicle, while under the control of its driver, for the
purpose of embarking or discharging passengers, baggage, or merchandise,
or for the purpose of utilizing special motor vehicle-oriented services,
including but not limited to drive-in banks, car washes, and gasoline
filling stations. Such spaces shall be a minimum of 10 feet in width
and 20 feet in length.
That portion of a building, other than the cellar, included
between the surface of any floor and the surface of the floor next
above it. If there is no floor above it, it is defined as the space
between the floor and ceiling next above it.
A space under a sloping roof which has the line of intersection
of roof decking and wall face not more than three feet above the top
floor level, and in which space not more than 2/3 of the floor area
is finished for use. A half story containing independent apartment
or living quarters shall be counted a full story.
The means of access to abutting properties including any
road, lane, drive, place, avenue, highway, boulevard, or any other
thoroughfare.
[Amended 12-18-2000]
A street that does not meet the minimum right-of-way width
requirements set forth or referenced in this chapter.
A dividing line between a lot, tract, or parcel of land and
a contiguous street.
Any existing or future street designated as a major street
on the adopted Elkton Comprehensive Plan or any heavily traveled thoroughfare
or highway that carries a volume of through traffic exceeding 500
vehicles per day.
A street that is used primarily as a means of public access
to the abutting properties with traffic of less than 500 vehicles
per day.
A private street providing access to no more than three lots
or six dwelling units and must meet VDOT standards, but not including
driveways.
[Amended 4-17-2006]
The total width of the strip of land dedicated or reserved
for public travel, including roadway, curbs, gutters, sidewalks, and
planting strips.
Anything constructed or erected, the use of which required
location on the ground, or attachment to something having a permanent
location on the ground, except utility poles, fences, and retaining
walls.
An individual, corporation, or registered partnership owning
any tract, lot, or parcel to be subdivided or a group of two or more
persons owning any tract, lot, or parcel of land to be subdivided
who has given their power of attorney to act on their behalf in planning,
negotiating for in representing, or executing the legal requirements
of the subdivision.
The division of a tract, parcel, or lot of land into two
or more parts for the purpose of transfer of ownership or building
development, a division of a tract, parcel, or lot if a new street
will result. The word "subdivision" shall include resubdivision and
the vacation of plats when appropriate to the context, shall apply
to the process of subdividing or to the land subdivided. The term
"to subdivide" shall not include the following:
A bona fide division or partition of agriculturally zoned land
into parcels of less than two acres for agricultural purposes or for
building sites for the farmstead or tenant houses. Plats of divisions
so excused will contain notice that the plat has not been approved
for residential purposes and must be approved by the agent prior to
recordation.
A single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the owner. Only one such division shall be allowed per family member, and shall not be for the purpose of circumventing the provisions of Article IX, Subdivision Regulations. A plat of the division is required to be approved by the agent prior to recordation.
A division to an immediately adjacent property owner for the
purpose of increasing acreage or to establish the location of a disputed
boundary line. A plat of such divisions is required to be approved
prior to recordation.
A certified land surveyor or as licensed by the State of
Virginia.
A mark or character used as a conventional representation
of an object, function, or process. A shape or sign used to represent
something such as an organization.
[Added 9-17-2018]
A broadcasting facility licensed in the public interest,
convenience, and necessity by the Federal Communications Commission.
A single-family attached dwelling, one of a group of three
or more attached single-family dwellings separated from one another
by party walls without doors, windows, or other provisions for human
passage or visibility through such walls from basement to roof, and
having roofs which may extend from one such dwelling unit to another,
each with its own access to the outside and no unit is located over
another unit. See "dwelling, single-family attached."
[Amended 7-20-1992]
One or more single-family attached dwellings consisting of
townhouses, with accessory parking, open space, and recreational facilities.
Refers to any type of housing or living situation for more
than eight persons that is transitional. The primary purpose or mission
of transitional housing facilities or living environments is to help
the resident become a productive member of society. Transitional housing
or living provides professional support, education, and a stable living
environment. Common types of transitional living include transitioning
from jail or prison, an addiction treatment center, a mental health
facility, military service, abusive home situations, and homelessness.
[Added 4-18-2016]
A use intended to permit a more gradual change of the character of uses at or near the boundaries of districts which have different use regulations and which may be permitted by the Board of Zoning Appeals in accordance with the provision of Article VIII.
A vehicular, portable structure built on a chassis, designed
to be used as a temporary occupancy for travel, recreation, or vacation.
Premises where travel trailers are parked temporarily in
conjunction with travel, recreation, or vacation.
A portable structure designed to be loaded or fixed to the
bed or chassis of a truck.
A variance is a relaxation of the terms of the zoning regulations
where such variance will not be contrary to the public interest and
where, owing to conditions peculiar to the property and not the result
of the action of the applicant a literal enforcement of the zoning
regulations would result in unnecessary and undue hardship. As used
in this chapter, a variance is authorized only for height, area, and
size of structure or size of yards and open spaces; establishment
or expansion of a use otherwise prohibited shall not be allowed by
variance, nor shall a variance be granted because of the presence
of nonconformities in the zoning division or district or adjoining
zoning divisions or districts.
A structure intended for defense or security or for enclosing
something; one of the upright, enclosing parts of a building or room.
A wall designed to prevent the lateral displacement of soil
or other material.
Any structure or land used for the sale of agricultural or
marine produce.
An establishment where wine is made.
An open space on a lot, other than a court, unoccupied and
unobstructed from the ground upward by structures except as otherwise
provided herein.
An open space, on the same lot as a building between the
front line of the building (excluding steps) and the front lot line
or street line, and extending across the full width of the lot.
[Amended 12-18-2000]
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.
An open, unoccupied space on the same lot as a building between
the side line of the building (excluding steps) and the side lot line
and extending from the front yard line to the rear yard line.
The administrative officer designated to administer the provisions
of this chapter and issue permits.
[1]
Editor's Note: The definition of "Administrator," which immediately
followed this definition, was deleted 12-18-2000.
[5]
Editor's Note: See Code of Virginia § 36-70 et seq.
[6]
Editor's Note: See 42 U.S.C.A. § 5401 et seq.
[7]
Editor's Note: See Code of Virginia § 36-70 et seq.
[8]
Editor's Note: See 42 U.S.C.A. § 5401 et seq.
[9]
Editor's Note: The definition of "sign, outdoor advertising,"
which immediately followed this definition, was deleted 2-21-1994.
[Added 1-19-2006]
Notwithstanding any contrary provisions in this title, adult
businesses are distinct from and mutually exclusive of all other uses
defined or referenced in this chapter. Accordingly, if a use falls
within the definition of an adult business, it cannot qualify as a
retail store, restaurant, or other use. For the purpose of this section,
the following definitions apply:
An adult business: 1) an adult theater; 2) adult store; 3)
any business providing adult entertainment, or 4) any other establishment
that regularly emphasizes materials or demonstrations relating to
specified sexual activities or specified anatomical areas or is intended
for the sexual stimulation or titillation of patrons.
ADULT THEATERAn establishment which presents for the viewing or listening of patrons materials characterized by their emphasis on specified sexual activities or specified anatomical areas or the intent to provide sexual stimulation or titillation of patrons.
ADULT STOREAn establishment which sells or rents.
Toys, novelties, instruments, devices or paraphernalia which
represent human genital organs or female breasts, or designed or marketed
primarily for use to stimulate human genital organs.
|
Nevertheless, if the aforementioned items constitute only an
insubstantial portion of an establishment's stock-in-trade, the establishment
shall not be considered an adult store.
|
ADULT ENTERTAINMENTDancing, modeling, or other live performances in which the performance is characterized by an emphasis on specified sexual activities or specified anatomical areas, or is intended for the sexual stimulation or titillation of patrons. Adult entertainment also includes the presentation of materials or images (irrespective of the media) characterized by their emphasis on specified sexual activities or specified anatomical areas or the intent to provide sexual stimulation or titillation of patrons.
Specified anatomical areas are as follows:
Specified sexual activities are as follows:
