This chapter, and the Official Zoning Map made a part hereof, shall be known and may be cited and referred to as the "Appomattox County Zoning Ordinance."
The General Assembly of the Commonwealth of Virginia empowers the County to enact a zoning ordinance and to provide for its administration, enforcement, and amendment; and the Board of Supervisors of Appomattox County deems it necessary, for the purpose of promoting the health, safety, convenience, and general welfare of the County, to enact such an ordinance; and the Board of Supervisors of Appomattox County appointed a Planning Commission to recommend the boundaries of the districts and appropriate regulations to be enforced therein; and the zoning regulations and districts as herein set forth have been made in accordance with a Comprehensive Plan for Appomattox County and for the purpose of promoting the health, safety, and general welfare of the public and of further accomplishing the objectives and purposes of § 15.2-2200, § 15.2-2280 and § 15.2-2283 of the Code of Virginia (1950), as amended.
To these ends, this chapter is designed to:
Provide for adequate light, air, convenience of access, and safety from fire, flood, impounding structure failure, crime and other dangers;
Reduce or prevent congestion in the public streets;
Facilitate the creation of a convenient, attractive, and harmonious community;
Expedite the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, and other public requirements;
Protect against destruction of or encroachment upon historic areas;
Protect against one or more of the following: overcrowding of land, undue densities of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health or property from fire, flood, impounding structure failure, panic or other dangers;
Encourage economic development activities that provide desirable employment and enlarge the tax base;
Provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment;
Encourage and accommodate affordable housing suitable for meeting the current and future housing needs of the County;
Protect surface water and groundwater resources; and
Provide safety from crime.
The Code further states that the governing body of any county may, by ordinance, classify territory under its jurisdiction or any substantial portion thereof into districts of such number, shape, and size as it may deem best suited to carry out the purposes of such article, and in each district it may regulate, restrict, permit, prohibit, and determine the following:
The use of land, buildings, structures and other premises for agricultural, business, industrial, floodplain, and other specific uses;
The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing or removal of structures;
The areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts, yards, and other open space to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used;
The excavation or mining of soil or other natural resources.
The zoning regulations and districts, including the Official Zoning Map, as set forth herein have been drawn with reasonable consideration for the existing use and character of property, the Comprehensive Plan, the suitability of properties for various uses, the trends in growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, and the requirements for housing, schools, parks, playgrounds, and other public services, for the conservation of natural resources and the preservation of floodplains, and for the conservation of properties and their values and the encouragement of the most-appropriate use of land throughout the County [§ 15.2-2284, Code of Virginia (1950), as amended].
This chapter is adopted by the County of Appomattox, Virginia, under authority granted by the General Assembly of the Commonwealth of Virginia, particularly Title 15.2 of the Code of Virginia (1950), as amended.
The regulations and restrictions in this chapter shall apply uniformly to all buildings, structures, land, water and uses within the unincorporated area of Appomattox County, Virginia, excepting those areas determined by law to be under the sovereign control of the United States of America or the Commonwealth of Virginia.
All buildings and structures erected hereafter, except those exempted herein, all uses of land, water or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning district in which such buildings, structures, uses, or land are located. Existing buildings, structures, and uses which do not comply with the regulations herein shall be subject to the provisions of this chapter relating to nonconformities.
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall be constructed, reconstructed, moved, or structurally altered, except in conformity with all of the regulations specified in this chapter for the district in which it is located.
No building or other structure shall be erected or altered:
To exceed the height or bulk specified in this chapter.
To accommodate or house a greater number of families than permitted by this chapter.
To occupy a greater percentage of lot area than specified in this chapter.
To have narrower or smaller rear yards, front yards, side yards, or other open space than required by this chapter.
In any other manner contrary to the provisions of this chapter.
No building or structure, no use of any building, structure or land, and no lot of record now or hereafter existing shall be established, altered, moved, diminished, divided, eliminated or maintained in any manner except in conformity with the provisions of this chapter.
Unless otherwise specifically provided for in this chapter, no part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. All existing yards or lots and all yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
Wherever the requirements of this chapter are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, then the most-restrictive or that which imposes the higher standards shall govern.
Pursuant to § 56-46.1 of the Code of Virginia (1950), as amended, electrical transmission lines of 138 kV or more, approved by the State Corporation Commission, shall be deemed to have satisfied the requirements of this chapter. In addition, the following utility uses are exempt from the provisions of this article: poles, wires, cables, conduits, vaults, laterals, pipes, valves, meters or any other similar equipment when used for the purpose of distributing service to individual customers within an approved or established service area, but not including wireless communications facilities, plants, substations, major transmission lines, or trunk lines located on or above the surface of the ground, for any type of utility service, nor for underground trunk lines providing public water or sewerage service.
The height limitations of this chapter shall not apply to antennas less than 65 feet in height, cupolas, barns, silos, farm buildings, chimneys, flues, flagpoles, water tanks, church spires, and monuments and necessary appurtenances not exceeding in height the distance therefrom to the nearest lot line. Parapet walls may be up to four feet above the regulated height of the building on which the walls rest. Facilities used for wireless communications shall be governed by the standards set forth in this chapter.
Except as otherwise provided herein, all words shall have their customary dictionary meanings. 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, corporation, association, organization, trust or partnership. The word "lot" includes plot or parcel. The word "building" includes structure. The word "shall" is always mandatory. 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."
When used in this chapter, the following words and phrases shall have the meanings given in this section:
- ACCESSORY APARTMENT
- A second dwelling unit within a detached single-family dwelling which is clearly incidental and subordinate to the main dwelling. An ancillary apartment is considered an accessory apartment.
- ACCESSORY BUILDING OR STRUCTURE
- A building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. Where an accessory building or structure is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building (i.e., garage, satellite dish, aboveground pool, well house).
- ACCESSORY USE
- A use of land or a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land or building or structure and located on the same lot with such principal use (i.e., garage for equipment repair).
- ADMINISTRATOR, ZONING
- An official charged with the enforcement of this chapter. He may be an appointed or elected official who is designated for the position by formal resolution of the governing body.
- ADULT ENTERTAINMENT
- An establishment offering goods and services of an adult nature, which includes the selling and rental of publications and other material of a sexual nature. (i.e., adult bookstore, adult video rental stores, adult theaters, adult nightclubs).
- AFFECTED PROPERTY OWNER
- The owner of any property upon which the proposed development will have a positive or negative impact.
- AGRICULTURAL SERVICES
- An establishment primarily engaged in providing services specifically for the agricultural community and not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent farm equipment operators and/or feed/seed suppliers.
- The tilling of soil or raising of animals and/or fowl, including the agricultural industry or business such as dairies and similar uses. Land use includes farming, dairying, pasturage, horticulture, viticulture, and animal and poultry husbandry. A garden accessory to a residence shall not be considered agriculture.
- Any area of land or water designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for the housing and maintenance of aircraft.
- Any change or rearrangement in the adaptability, external appearance, or supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, or any enlargement or reduction of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
- AMATEUR RADIO TOWER
- A structure on which an antenna is installed for the purpose of transmitting and receiving amateur radio signals, erected and operated by an amateur radio operator licensed by the FCC.
- A man-made or natural feature which enhances or makes more attractive a particular site for development.
- ANEMOMETER, WIND MONITORING, OR METEOROLOGICAL TOWER
- A temporary tower equipped with devices to measure wind speeds and direction and used to determine how much wind power a site can be expected to generate.
- ANIMAL CONFINEMENT
- The keeping or raising of livestock under cover or in a confined lot for a total of 45 days or more in any twelve-month period. Examples of animal confinement include, but are not limited to, dairies, poultry houses, swine or veal operations, or feed lots.
- ANTIQUE AND GIFT SHOPS
- A commercial establishment which is used primarily for the indoor display and retail sale of merchandise, primarily furniture, silverware, glassware and other curios and collectibles, the value of which is derived from the age, rarity and materials of such items or the workmanship of a particular historic period; flea markets and furniture stores shall not be included.
- A unit in a multifamily dwelling providing a dwelling for a single family, in which separate access to the outside is usually not provided and in which the major orientation of the unit is horizontal rather than vertical; or any condominium unit of similar physical character, appearance and structure.
- AUTOMOBILE DEALERSHIP, NEW OR USED
- The use of any building, land area, or other premises for the display of three or more new and/or used automobiles, trucks, vans, or motorcycles for sale or rent, including any warranty repair work and other major or minor repair service conducted as an accessory use.
- AUTOMOBILE GRAVEYARD
- Any lot or place or part thereof which is exposed to the weather and 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, as defined in § 33.1-348, Code of Virginia, as amended.
- AUTOMOBILE PARTS/SUPPLY, RETAIL
- Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores, which offer new and factory-rebuilt parts and accessories, and include establishments which offer minor automobile repair services.
- AUTOMOBILE RENTAL/LEASING
- Rental of automobiles and light trucks/vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas.
- AUTOMOBILE REPAIR SERVICES
- Repair of construction equipment, commercial trucks, agricultural implements, and similar heavy equipment, including automobiles, where major engine and transmission repairs are conducted. Typical uses include automobile and truck repair garages, transmission shops, radiator shops, body and fender shops, equipment service centers, machine shops, oil and lubrication services, and other similar uses where minor repairs and routine maintenance are conducted.
- AUTOMOBILE SERVICE STATION
- Any areas of land, including structures thereon, used for retail sale of gasoline or oil, automobile accessories and incidental services, including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles under cover, but excluding painting.
- BALLOON TEST
- A technique utilizing a balloon to demonstrate the height of a proposed wind energy system or wireless communications facility.
- BASE FLOOD ELEVATION (BFE)
- The Federal Emergency Management Agency designated one-hundred-year-surface elevation, plus one foot.
- BASE FLOOD/ONE-HUNDRED-YEAR FLOOD
- A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
- BASE MAP
- A document on which property lines are depicted to the most-accurate scale.
- The part of a building or structure that is wholly or partly below ground level and can be used for residential, office or retail sale purposes, with a structural headroom of 7 1/2 feet or more.
- A dwelling in which not more than five bedrooms are provided for overnight guests for compensation, on daily or weekly basis, with or without meals.
- A sewage sludge that has received treatment for pathogen control and is treated or managed in an attempt to reduce vector attraction and contains no more levels of pollutants deemed acceptable for land application under the Biosolids Use Regulations.
- Shall refer to the Board of Supervisors of Appomattox County, Virginia, unless otherwise specifically indicated.
- A building where, for compensation, lodging and meals are provided for at least five and up to 14 unrelated persons, where no cooking or dining facilities are provided in individual rooms, and in which the length of stay usually exceeds one week in duration.
- BOARD OF ZONING APPEALS
- The Appomattox County Board of Zoning Appeals, as established under this chapter; the Board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of the Zoning Ordinance.
- A roofed, open-sided passageway connecting two structures, such as a house and/or a garage.
- A facility for the production of beer. See also "farm brewery,
limited" and "microbrewery."[Added 3-29-2016]
- BUFFERING or SCREENING
- Any device or natural growth, or a combination thereof, which shall serve as a barrier to vision or noise between adjoining properties wherever required by this chapter. Whenever used for screening or buffering purposes, natural growth shall be taken to mean evergreen trees, bushes and shrubbery.
- Any structure designed or intended for support, enclosure, shelter or protection or persons, animals, chattels or property.
- BUILDING CODE
- The Virginia Statewide Building Code, adopted by the governing body, and any amendments thereto.
- BUILDING, HEIGHT OF
- The vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of the roof surface of a flat roof, to the deckline of a mansard roof, and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; in the case of a building set back from the street line 35 feet or more, the "building height" is measured from the average elevation of the finished ground surface along the front of the building; and on a corner lot exceeding 20,000 square feet in area, the "height of the building" may be measured from either adjoining curb grade.
- BUILDING INSPECTOR
- The Building Official appointed by the governing body to administer and enforce the Building Code, or his designated representative or agent.
- BUILDING LINE
- The line, parallel to the street right-of-way, which passes through the point of the principal building nearest the street right-of-way, or in the case of the rear building line, farthest from the street right-of-way.
- BUILDING, MAIN
- A building in which is conducted the main or principal use of the lot on which said building is situated.
- BUILDING PERMIT
- A permit which is issued by the Building Official before a building or structure is started, improved, enlarged or altered as proof that such action is in compliance with the County Building Code of the governing body.
- BUSINESS OR TRADE SCHOOL
- A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary or secondary, or college and university, or as a home occupation.
- BUSINESS SUPPORT SERVICES
- Establishments or places of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional, and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, as well as temporary labor services.
- A use which primarily provides recreational opportunities of an outdoor nature on a daily or overnight basis. Included in this use type would be scout camps, religious camps, children's camps, wilderness camps, and similar uses which are not otherwise specifically described in this chapter.
- Facilities providing camping or parking areas and incidental services for travelers in recreational vehicles and/or tents.
- A designated plot of ground within a campground intended or used for the exclusive occupancy by a tent, recreational vehicle, or a vacation cottage.
- CAR WASH
- Washing and cleaning of vehicles. Typical uses include automatic conveyor machines and self-service car washes and/or bays.
- A part of a building or structure that is wholly or partly below ground level and cannot be used for residential, office or retail sales purposes, except for storage, with a structural headroom of less than seven feet and having more than 1/2 of it height below grade.
- A privately or church-owned and/or -operated place of burial of the dead, where lots may be sold and perpetual care of the graves may be furnished.
- CERTIFICATE OF ZONING COMPLIANCE
- For the purposes of this chapter, official certification that premises conform to all applicable provisions of this chapter and may be lawfully used or occupied.
- CHANGE OF USE
- Any use which is not identical to the previous use of the building, structure, or land.
- CHICKENS, DOMESTIC
- The keeping of chickens located in principal residential zoning districts as an accessory use for the purpose of providing individual households in urban/suburban environments the opportunity to produce fresh eggs for personal household consumption.
- A building which is used by a religious organization for public worship, including support facilities, such as a clergy residence, instructional buildings and church-owned cemeteries. (Also see "religious assembly.")
- CIRCUIT COURT
- The Circuit Court of Appomattox County, Virginia.
- A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, or visitors.
- CLUB, CIVIC
- A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws. Civic club organizations include but are not limited to Ruritan clubs, Kiwanis clubs, Masonic clubs, and private and nonprofit clubs such as the YMCA.
- CLUB, COUNTRY
- Any nonprofit corporation organized and operated to provide facilities for dining, golf, tennis and swimming to its private, self-perpetuating membership. Civic, fraternal and patriotic clubs and lodges, whether operated for profit or not, shall be deemed "country clubs."
- CLUB, HUNT
- A for-profit or nonprofit entity which has a building(s) or land(s) used by hunters or invited guests of hunting expeditions. A hunting cabin, which may be an ancillary part of the club, may include cooking facilities and sleeping quarters or bunkhouses for limited stays of not more than 30 consecutive days.
- CLUB, PRIVATE
- An establishment operated for the social, educational or recreational benefit of the members thereof, in which no enterprise is conducted except for the convenience of the members thereof and their guests. It includes, but is not limited to, hunt clubs, country clubs, and swim clubs, etc.
- CLUSTER DEVELOPMENT
- A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.
- A wholesale, retail or service business activity established to carry on trade for a profit.
- COMMERCIAL INDOOR AMUSEMENT
- Establishments which provide multiple coin operated amusement
or entertainment devices or machines as other than an incidental use
of the premises. Such devices would include pinball machines, video
games, and other games of skill or scoring, and would include pool
and or billiard tables, whether or not they are coin operated. Typical
uses include game rooms, billiard and pool halls, and video arcades.[Added 3-29-2016]
- COMMERCIAL INDOOR ENTERTAINMENT
- Predominantly spectator uses conducted within an enclosed
building. Typical uses include motion picture theatres, concert or
music halls.[Added 3-29-2016]
- COMMERCIAL INDOOR SPORTS AND ENTERTAINMENT
- Predominantly participant uses conducted within an enclosed
building. Typical uses include bowling alleys, ice and roller skating
rinks, indoor racquetball, and/or tennis facilities, and indoor shooting
- COMMERCIAL OUTDOOR ENTERTAINMENT
- Predominantly spectator uses conducted in open or partially
enclosed or screened facilities. Typical uses include sports arenas,
motor vehicle or animal racing facilities, and outdoor amusement parks.[Added 3-29-2016]
- COMMERCIAL OUTDOOR SPORTS AND RECREATION
- Predominantly participant uses conducted in open or partially
enclosed or screened facilities. Typical uses include driving ranges,
miniature golf, swimming pools, tennis courts, outdoor racquetball
courts, motorized cart and motorcycle tracks, and motorized model
airplane flying facilities.[Added 3-29-2016]
- The Planning Commission of Appomattox County and the Town of Pamplin City, Virginia, known as the "Appomattox County Planning Commission."
- COMMUNITY RECREATION
- A recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are located within or adjacent to such development.
- A structure, reviewed and approved by the Robert E. Lee Soil and Water Conservation District, or other appropriate agency, utilized for the disposal of dead fowl.
- CONDITIONAL USE
- A use of the land which may be allowed in a zoning district in which the land is situated subject to the approval of the governing body after a public hearing thereon.
- A single unit in a multiple-unit residential or commercial structure that is offered for sale and shall be a part of a condominium project with general common elements, as defined in § 55-79.2, Code of Virginia 1950, as amended.
- A unanimous agreement between the developer and affected property owners that the proposed project is compatible as determined by the presiding officer (formal voting prohibited).
- CONSTRUCTION SALES AND SERVICE
- Establishments or places of business primarily engaged in retail or wholesale sales, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments.
- CONSTRUCTION YARD
- Establishment housing facilities or businesses primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses include building contractor yards, concrete contractor yards, heating and air contractors, and electrical contractors.
- CONSUMER REPAIR SERVICES
- Establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.
- Parcels of land sharing a common border not separated by a state-maintained road.
- CONTIGUOUS DEVELOPMENT
- Areas where adjacent properties are developed.
- CONVENIENCE STORE
- Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience stores shall include sales of various fuels. Typical uses include neighborhood markets and country stores.
- CORRECTION FACILITIES
- A public or privately operated use providing housing and care for individuals legally confined for violation of criminal law, designed to isolate those individuals from a surrounding community.
- Appomattox County, Virginia.
- A street with only one outlet terminating in a circular turning area.
- CULTURAL SERVICES
- A library, museum, or similar public or quasi-public use
displaying, preserving, and exhibiting objects of community and cultural
interest in one or more of the arts or sciences.[Amended 3-29-2016]
- CUSTOM MANUFACTURING
- Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, or the use of mechanical equipment commonly associated with residential or commercial uses, or a single kiln.
- DANCE HALL
- A building open to the general public for the purpose of providing a place for dancing and where an admission is charged for the purpose of making a profit, except when sponsored by a civic, charitable or nonprofit group.
- DAY-CARE CENTER
- Any facility operating for the purpose of providing care, protection, and guidance to five or more individuals during only part of a twenty-four-hour day. This term includes nursery schools, preschools, day-care centers for individuals, and other similar uses, but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four-hour period.
- DAY-CARE CENTER FOR ADULTS
- A facility which is either operated for profit or which desires licensure for four or more aged, infirm or disabled adults, which is operated during a part of the day only and which provides supplementary care and protection of individuals who reside elsewhere, except a facility or portion of a facility licensed by the State Board of Social Services and the home or residence of an individual who cares for only persons related to him by blood or marriage, and meeting applicable licensing requirements of the commonwealth.
- A structure, without a roof, directly adjacent to a principal building, which has an average elevation of 30 inches or greater from finished grade. A deck may be constructed of any materials.
- The transfer of private property to public ownership upon written acceptance.
- DEVELOPED LAND
- Any change to the land from its natural state other than property which is primarily devoted to agricultural use.
- Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to bring about development for the individual or another; includes the term "subdivider."
- A tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain five or more residential dwelling units. The term "development" shall not be construed to include any property which will be principally devoted to agricultural production. As applicable to § 19.6-92 et seq., any man-made 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.
- DEVELOPMENT PLAN
- A plan, drawn to scale, for one or more lots, parcels, or tracts on which is shown the existing and proposed conditions of the lot, parcel or tract.
- A facility for the production of distilled spirits.[Added 3-29-2016]
- DISTILLED SPIRITS
- The product made by the acetous fermentation of dilute distilled
alcohol derived from grain, sugar, syrup, molasses, or refiners'
syrup. Includes terms such as "distilled vinegar," "grain vinegar,"
or "spirit vinegar," or similar words.[Added 3-29-2016]
- A section of Appomattox County, Virginia, within which the zoning regulations are uniform.
- DOMESTIC USE
- Normal family or household use of water, including drinking, laundering, bathing, cooking, heating, cleaning and flushing toilets.
- Any building or portion thereof which is designed for or used for residential purposes.
- DWELLING, MULTIFAMILY
- A building designed for or occupied exclusively by three or more families living independently of each other in three or more dwelling units; the term includes condominiums of similar physical appearance, character and structure.
- DWELLING, SINGLE-FAMILY
- A building designed for or occupied exclusively by one family in a single dwelling unit.
- DWELLING, TWO-FAMILY (DUPLEX)
- A building designed for or occupied exclusively by two families living independently of each other in two dwelling units.
- DWELLING UNIT
- One or more rooms in a residential building or in a mixed building which are arranged, designed, used or intended for use by one family, and which include lawful cooking space and lawful sanitary facilities reserved for the occupants thereof.
- A grant by a property owner of the use of land for a specific purpose or purposes by the general public, a corporation or a certain person or persons.
- EDUCATIONAL FACILITIES, COLLEGE/UNIVERSITY
- An educational institution authorized to award associate, baccalaureate, or higher degrees.
- EDUCATIONAL FACILITIES, PRIMARY/SECONDARY
- A public, private, or parochial school offering instruction at the elementary, junior, middle and/or senior high school levels in the branches of learning and study required by the Commonwealth of Virginia.
- EMERGENCY SERVICES
- Includes fire, police, rescue squads and other similar activities.
- An engineer registered by the Commonwealth of Virginia.
- EQUIPMENT SALES AND RENTAL
- Establishments primarily engaged in the sale, service or rental of tools, trucks, tractors, construction equipment, agricultural implements, party supplies, and similar industrial equipment, and the rental of temporary office/storage trailers. Included in this use type are the incidental storage, maintenance, and servicing of such equipment.
- Any business, enterprise, or other land use permitted by this chapter.
- EXISTING LIVESTOCK, DAIRY, FEED LOT, POULTRY FACILITY
- A livestock, dairy or poultry operation, with accessory uses or structures, which is occupied or has been occupied by a commercial livestock raiser, dairy or poultry operation for a twelve-month period of time within the five years immediately preceding the date on which zoning approval is sought for a dwelling, including sites or structures which are accessories to the livestock facility, dairy or poultry facility.
- One or more persons living together in a single-family dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single-family dwelling unit who are not related by blood, adoption, or marriage do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family; the following criteria shall be present:
- A. The group shares the entire dwelling unit.
- B. The group lives and cooks together as a single housekeeping unit.
- C. The group shares expenses for food, rent, utilities, or other household expenses.
- D. The group is permanent and stable and not transient or temporary in nature.
- E. Any other factor reasonably related to whether the group is the functional equivalent of a family.
- FAMILY DAY HOME
- A single-family dwelling in which more than five but fewer than 13 individuals are received for care, protection, and guidance during only part of a twenty-four-hour day. Individuals related by blood, legal adoption or marriage to the person who maintains the home shall not be counted towards the total. The care of five or fewer individuals for portions of a twenty-four-hour day shall be considered as a home occupation.
- FAMILY, IMMEDIATE
- Any person who is a naturally or legally defined offspring, spouse, parent, grandparent, grandchild, or sibling.
- FAMILY SUBDIVISION
- A single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, with only one such division allowed per family member.
- FARM BREWERY, LIMITED
- A brewery that manufactures no more than 15,000 barrels of
beer per calendar year, provided that the brewery is located on a
farm owned or leased by such brewery or its owner and agricultural
products, including barley, other grains, hops, or fruit used by such
brewery in the manufacture of its beer, are grown on the farm. The
on-premises sale, tasting, or consumption of beer during regular business
hours within the normal course of business of such licensed brewery,
the direct sale and shipment of beer and sale and shipment of beer
to licensed wholesalers and out-of-state purchasers in accordance
with state and federal law, the storage and warehousing of beer, and
the sale of beer-related items that are incidental to the sale of
beer are permitted.[Added 3-29-2016]
- FARM EMPLOYEE HOUSING
- A dwelling located on a farm for the purpose of housing an employee of that farm operation and his/her family. Also included in this use type would be multifamily dwelling(s) for seasonal employees in connection with an orchard or other agricultural use which relies on seasonal employees who must be housed.
- FARM OPERATOR
- The person who runs the farm, making the day-to-day management
decisions. The operator could be an owner, hired manager, cash tenant,
share tenant, and/or a partner. If land is rented or worked on shares,
the tenant or renter is the operator.[Added 7-6-2015]
- FEED LOT
- An enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop.
- A string of ribbons, tinsel, flags, pennants, pinwheels, or similar devices.
- FINANCIAL INSTITUTIONS
- Provision of financial institutions and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments, and automatic teller machines (ATMs).
- A general temporary inundation of lands not normally covered by water that are used or usable by man. Concurrent mudslides shall be deemed to be included in this definition.
- FLOOD HAZARD AREAS
- The maximum area of the floodplain which is likely to be flooded once every 100 years or for which mudslides can be reasonably anticipated.
- Any land area susceptible to being inundated by water from any source.
- A combination of structural provisions, changes or adjustments to properties and structures subject to flooding required for new construction in the floodway by the County Building Code.
- The channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
- FLOOR AREA
- The sum of the gross area of the several floors of a building or buildings measured from the exterior walls or from the center lines of walls separating two buildings.
- A. In particular, "floor area" includes:
- (1) Easement space, except such space in a basement which has at least 1/3 of its height below curb level and which is located in a residential building with not more than two stories entirely above curb level.
- (2) Elevator shafts or stairwells at each floor.
- (3) Floor space in a penthouse.
- (4) Attic space (whether or not a floor has been laid) providing structural headroom of eight feet or more.
- (5) Floor space in open or roofed terraces, exterior balconies, breezeways or porches, provided that not more than 50% of the perimeter of such terrace, balcony, breezeway or porch is enclosed.
- (6) Unenclosed floor space used for permitted or required accessory off-street parking spaces.
- (7) Floor space used for accessory off-street loading berths.
- (8) Floor space used for mechanical equipment.
- FORESTRY OPERATIONS
- The use of land for the raising and harvesting of timber, pulp woods, and other forestry products for commercial purposes, including temporary operation of a sawmill and/or chipper to process timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with land development approved by the County, which shall be considered an accessory to the development of the property.
- FUNERAL SERVICES
- Establishments engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes, mortuaries, or crematories.
- GARAGE, PRIVATE
- An accessory structure or a portion of the main building designed for the storage of automobiles owned and used by the occupants of the main building.
- GARAGE, PUBLIC
- A building or portion thereof, other than a private garage, designed or used for storing motor-driven vehicles.
- GARDEN CENTER
- Establishments or places of business primarily engaged in retail or wholesale (bulk) sale, from the premises, of trees, shrubs, seeds, fertilizers, pesticides, plants and plant materials primarily for agricultural, residential, and commercial consumers. Such establishments typically sell products purchased from others but may sell some material which they grow.
- Any use of land, unenclosed except for fencing, for the raising of grass, flowers, vegetables, crops, trees or other botanical objects of natural growth, but not including accessory structures used for the same purpose.
- GAS STATION
- A retail establishment at which motor vehicles are refueled, serviced, and sometimes repaired; also known as a "filling station." Also see "convenience store."
- The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
- GOLF COURSES
- Any golf course, publicly or privately owned, on which the game golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges.
- 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, such area to include the driving tee and other incidental activities pertaining to this activity.
- GOVERNING BODY
- The Appomattox County Board of Supervisors or its designated agent or representative.
- A structure for the raising of plants or flowers indoors for private or retail purposes.
- GROUP HOME
- A residential facility in which no more than eight mentally ill, mentally disabled or developmentally disabled persons reside, with one or more resident counselors or other staff persons.
- GUIDANCE SERVICES
- A use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a twenty-four-hour day.
- HALFWAY HOUSE
- An establishment providing accommodation, rehabilitation, counseling, and supervision to persons suffering from alcohol or drug addiction, to persons reentering society after being released from a correctional facility or other institution, or to persons suffering from similar disorders.
- HAZARDOUS WASTE
- Solid or liquid waste which, because of concentration, quantity, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating illness; may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed; or is identified by the United States Environmental Protection Agency as hazardous.
- HEALTH DEPARTMENT
- The Appomattox County Health Department or its designated agent or representative.
- For the purpose of determining the height limits in all zones as set forth in this chapter and shown on the Zoning Map, the datum shall be mean sea level (MSL) elevation unless otherwise specified.
- HEIGHT, SYSTEM
- The height of a wind turbine measured from the existing lowest grade to the tip of the rotor blade at its highest point, or blade-tip height.
- HIGHWAY, PRIMARY
- All state highways in the State Highway System so designated by the Commonwealth Transportation Board under requirements of § 33.1-25 of the Code of Virginia (1950), as amended.
- HIGHWAY, SECONDARY
- All roads in the Commonwealth of Virginia not currently in the primary system of state highways as provided for in § 33.1-67 of the Code of Virginia (1950), as amended.
- HOME BEAUTY/BARBER SALON
- Incidental use of a single-family dwelling for hairstyling or barbering, established and conducted in accordance with the use and design standards found herein.
- HOME FOR ADULTS
- Any place, establishment or institution, public or private, including any day-care center for adults, operated or maintained for the maintenance or care of four or more adults who are aged, infirm or disabled, except a facility or portion of a facility licensed by the State Board of Health or the State Hospital Board, but including any portion of such facility not so licensed, and the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage, and meeting applicable licensing requirements of § 63.2-1701, Code of Virginia 1950, as amended.
- HOME FOR THE AGED
- A building or place in which the establishment is providing housing, board, lodging and maintenance for four or more aged persons who are not infirmed, chronically ill or incapacitated, with such establishment having separate sleeping quarters and common areas for dining, recreation and other similar facilities.
- HOME OCCUPATION
- An accessory use of a dwelling unit, located either in the main building or an accessory building, for financial gain or support, involving the manufacture, provision or sale of goods and/or services which is clearly incidental to or secondary to the residential use of a dwelling unit.
- Includes sanatorium, preventorium, clinic or rest home, and is deemed to mean a place for the treatment of human disorder and ailments; or an institution providing health services for inpatient medical or surgical care, care of sick or injured and related laboratories, offices and outpatient facilities and services.
- HOTEL/MOTEL/MOTOR LODGE
- A building or group of attached or detached buildings containing dwelling or lodging units, in which 50% or more of the units are intended primarily for rental or lease to transient persons by the day, week, or month. Such uses shall include a lobby, clerk's desk or counter and facilities for registration and keeping of records relating to guests. In addition, such uses should contain or provide one or more of the following: ice/vending/snack machines, gift or other personal-service-type shops, fitness/workout facility, outdoor recreation amenities, meeting/conference rooms, maid/cleaning facilities, restaurant/lounge and laundry facilities.
- HOUSEHOLD PET
- Animals that are kept for personal use or enjoyment within the home. "Household pets" shall include but are not limited to dogs, cats, birds, and rodents.
- INDUSTRIAL/COMMERCIAL PARK DEVELOPMENT
- A form of development characterized by a unified site design for a variety of commercial and industrial uses, open space buffers, and a mix of building types in which flexibility is given to project planning by allowing for the specific land uses to be determined as the market/need arises.
- Feeble from age and physically or mentally unable to care for oneself.
- INTENSIVE DAIRY FACILITY
- Any enclosure, pen, feedlot or accessory structure(s) that
includes the raising or production of at least 300 dairy cattle. It
includes any buildings, structures, excavations, or enclosed areas
directly involved therein, including land used for feed lot purposes,
and any animal waste storage structures, excavations or areas directly
connected to or associated with such operations. Open pasture land,
not used for active grazing, is expressly excluded.[Added 7-6-2015]
- INTENSIVE FARMING FACILITY
- A specialized farming facility that includes the raising
or production of a large number of animals usually in a confined indoor
facility, which includes beef cattle, dairy cattle, horses, poultry
(chickens or turkeys), and/or pigs.[Amended 7-6-2015]
- INTENSIVE LIVESTOCK FACILITY
- Any enclosure, pen, feedlot or accessory structure(s) that
includes the raising or production of at least 300 beef cattle, 3,000
sheep, or 150 horses. It includes any buildings, structures, excavations,
or enclosed areas directly involved therein, including land used for
feedlot purposes, and any animal waste storage structures, excavations
or areas directly connected to or associated with such operations.
Open pasture land, not used for active grazing, is expressly excluded.[Amended 7-6-2015]
- INTENSIVE POULTRY FACILITY
- Any enclosure, pen, feedlot or accessory structure(s) that
includes the raising or production of at least 30,000 chickens or
16,500 turkeys. It includes any buildings, structures, excavations,
or enclosed areas directly involved therein, including land used for
feedlot purposes, and any animal waste storage structures, excavations
or areas directly connected to or associated with such operations.
Open pasture land, not used for active grazing, is expressly excluded.[Added 7-6-2015]
- INTENSIVE SWINE FACILITY
- Any enclosure, pen, feedlot or accessory structure(s) that
includes the raising or production of at least 750 pigs. It includes
any buildings, structures, excavations, or enclosed areas directly
involved therein, including land used for feedlot purposes, and any
animal waste storage structures, excavations or areas directly connected
to or associated with such operations. Open pasture land, not used
for active grazing, is expressly excluded.[Added 7-6-2015]
- Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.
- An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or for the maintenance or operation of an automobile graveyard.
- KENNEL, COMMERCIAL
- The boarding, breeding, raising, grooming, or training of three or more dogs, cats or other household pets of any age not owned by the owner or occupant of the property and for which commercial gain is the primary objective.
- KENNEL, PRIVATE
- The keeping, breeding, raising, showing or training of three or more dogs over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective.
- Establishments primarily engaged in performing research or testing activities into technological matters. Typical uses include engineering and environmental laboratories, medical, optical, dental, and forensic laboratories, x-ray services, and pharmaceutical laboratories only involved in research and development. Excluded are any laboratories which mass-produce one or more products directly for the consumer market.
- LAND-DISTURBING ACTIVITY
- Any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the commonwealth, including, but not limited to, clearing, grading, excavating, transporting, and filling of land.
- LANDFILL, CONSTRUCTION DEBRIS
- The use of land for legal disposal of construction and demolition wastes consisting of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, metals, and plastics associated with construction and wastes from land-clearing operations consisting of stumps, wood, brush, and leaves.
- LANDFILL, RUBBLE
- The use of land for the legal disposal of only inert waste. Inert waste is physically, chemically, and biologically stable from further degradation and considered to be nonreactive, and includes rubble, concrete, broken bricks, and block.
- LANDFILL, SANITARY
- An engineered land burial facility for the legal disposal of municipal solid waste derived from households, business and institutional establishments, including garbage, trash, and rubbish, and from industrial establishments, other than hazardous wastes as described by the Virginia Hazardous Waste Regulations. Its purpose is to contain and isolate the solid waste so that it does not pose a substantial present or potential hazard to human health or the environment.
- The improvement of the appearance of an area by the planting of trees, grass, shrubs, or other plant materials, or by the alteration of the contours of the ground.
- LANDSCAPING AND LAWN CARE SERVICES
- Establishments or places of business engaged in the provision of routine lawn maintenance, including mowing, landscaping, and planting. Retail sale of equipment, plantings, or mulch is not considered to be in this category; see "garden center."
- Establishments primarily engaged in the provision of laundering, cleaning, or dyeing services other than those classified as "personal services." Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services.
- LIFE CARE FACILITY
- A residential facility primarily for the continuing care of the elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in nursing-home-type care, where all related uses are located on the same lot. Such facility may include services integral to the personal and therapeutic care of the residents.
- Includes all domestic or domesticated: bovine animals, including but not limited to cattle; equine animals, including but not limited to horses; ovine animals, including but not limited to sheep; and porcine animals, including but not limited to hogs.
- LIVESTOCK, DAIRY, FEED LOT, OR POULTRY STRUCTURE
- Any building, structure, installation, storage container, or storage site used in the operations of an intensive livestock, dairy, or poultry facility, including, but not limited to, feed storage bins, incinerators, manure storage sites, poultry houses, poultry disposal pits, and dead poultry cold storage chests.
- LIVESTOCK OR SWINE RAISER, DAIRY OR FEED LOT OPERATOR, or POULTRY GROWER
- The owner or operator of the livestock or swine facility, dairy, feed lot or poultry facility or the land on which the livestock, dairy, feed lot or poultry facility is located.
- LOADING SPACE, OFF-STREET
- Space for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.
- A measured portion or parcel of land separated from other portions or parcels by description in a site plan or a recorded plat or by metes and bounds, intended to be a unit for the purpose, whether immediate or future, or transfer of ownership or of development or separate use. The term applies to units of land, whether in a subdivision or a development.
- LOT, CORNER
- A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a "corner lot" if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.
- LOT COVERAGE
- The ratio of the horizontally projected area of the main and accessory buildings on a lot to the lot, except where otherwise defined herein.
- LOT FRONTAGE WIDTH
- The distance between side property lot lines measured at the front lot line.
- LOT, INTERIOR
- A lot other than a corner lot, with only one frontage on a street.
- LOT LINE (PROPERTY LINE)
- The boundary of a lot.
- LOT OF RECORD
- A lot, the existence, location, and dimensions of which have been legally recorded or registered in a deed or on a plat in the Clerk's office of the Circuit Court of Appomattox County.
- LOT, PIPESTEM
- A panhandle- or flag-shaped lot with its widest point set back from the road at the rear of another lot (called the "pipe"), and having a thin strip of land connecting to the road to provide legal access and frontage (called the "stem"). Pipestem lots are also referred to as "panhandle lots" or "flag lots."
- LOT, THROUGH
- A lot, other than a corner lot, with frontage on more than one street. Through lots abutting two streets may be referred to as "double-frontage lots."
- LOT WIDTH
- The distance between side lot lines measured at the required minimum building setback line in that district. In the case of lots on a curve in the street, the lot width measured along the minimum setback line shall not be less than 80% of the required lot width in the district. In the case of lots on the turning circle of a cul-de-sac, the width measured along the minimum setback line shall not be less than 60% of the required lot width in the district.
- 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 manufactured house that is 19 or more feet in width, on a permanent foundation and on an individual lot.
- MANUFACTURED HOMES SALES
- Establishments primarily engaged in the display, retail sale, rental, and minor repair of new and/or used manufactured homes, parks, and equipment.
- MANURE STORAGE SITE
- Any storage sites where manure is kept for more than 60 days within a twelve-month period. The manure storage site must be within the contiguous acreage of an intensive farming operation.
- A brewery which is housed within and operated in conjunction
with a restaurant, and which manufactures no more than 15,000 barrels
of beer per calendar year. A microbrewery is an accessory use to a
- A building designed to provide rental storage space in cubicles, where each cubicle has a maximum floor area of 400 square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods.
- MOBILE HOME
- A structure, transportable in one section, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and 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 therein, and classified under §§ 58.1-3503 and 58.1-3521, Code of Virginia 1950, as amended, for taxation purposes. An industrialized building unit, as defined under § 36-71.1, Code of Virginia 1950, as amended, is not a mobile home.
- MOBILE HOME, DOUBLE-WIDE
- A mobile home built in two sections on a permanent or removable chassis and which, when erected on site, has its tongue, wheels and axles removed; is affixed to a permanent perimeter foundation or skirt; is attached to water and sewer as required by the Virginia Department of Health; and must meet all other requirements of a single-family dwelling.
- MOBILE HOME LOT
- A parcel of land within boundaries of a mobile home park provided for the placement of a single or double-wide mobile home and the exclusive use of its occupants.
- MOBILE HOME PARK
- A parcel of land under single, common ownership upon which 12 more mobile homes are located on a continual, nonrecreational basis, together with any structures, equipment, road or facility intended for use incidental to the occupancy of the mobile homes, but shall not include premises used solely for storage or display of uninhabited mobile homes or premises occupied solely by a landowner and members of his/her family.
- MODULAR HOME
- A dwelling unit constructed on site in accordance with the Virginia Uniform Statewide Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. See also "dwelling, single-family."
- NATURAL RESOURCE
- Includes soil, sand, gravel, stone or other mineral (other than oil and gas) naturally formed on or beneath the surface of the earth.
- NATURAL WATERCOURSE
- Any natural stream, river, creek, waterway, gully, or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed, and banks.
- NONCONFORMING LOT
- 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 this chapter or as a result of subsequent amendments to the chapter.
- 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 chapter or that 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 this chapter or as a result of subsequent amendments of the chapter.
- NONCONFORMING USE
- The otherwise legal use of a building 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 either at the effective date of this chapter or as a result of subsequent amendments to this chapter.
- NONPUBLIC WATER SYSTEM
- A water system which, as a general rule, does not provide water to the public for drinking or does not meet the requirements for a public water system; or a well used for obtaining water for drinking or domestic use located on an individual lot for the purpose of serving the main dwelling on said lot, with any new well to be at least a Class III-A drilled well as approved by the Health Department.
- NONRESIDENTIAL USE
- A building or structure not used for residential purposes.
- NONRURAL USE
- The use of land, buildings, or structures for other than a rural use.
- An organization or activity which has obtained nontaxable status from the United States Internal Revenue Service.
- NURSING HOME
- A place devoted primarily to the maintenance and operation of facilities for the treatment and care of any person suffering from illness, diseases, deformities or injuries not requiring extensive and/or intensive care that is normally provided in a general hospital or other specialized hospital, and includes rest homes and convalescent homes.
- NUTRIENT MANAGEMENT PLAN
- A plan reviewed and approved by the Robert E. Lee Soil and Water Conservation District, the Virginia Cooperative Extension Service or other appropriate agency that provides for the use and/or disposal of livestock or poultry nutrients from the operation.
- OFFICE, GENERAL
- Use of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, travel or other business offices; organization and association offices; or law, architectural, engineering, accounting, or other professional offices.
- OFFICE, MEDICAL
- Use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia.
- OFF-STREET PARKING AREA
- Space provided for vehicular parking outside the dedicated street right-of-way.
- ON-SITE SEWERAGE SYSTEM (SEPTIC TANK SYSTEM)
- A sewerage system designed not to result in a point-source discharge, including individual septic tanks used by the main dwelling on an individual lot, and approved by the Health Department.
- OPEN SPACE
- Any parcel or area of land or water essentially unimproved and set aside, dedicated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; a yard area which is not used for or occupied by a driveway, off-street parking, loading space, or refuse storage space. Open space may include recreation centers, swimming pools, tennis and basketball courts, and similar outdoor recreational facilities.
- OPEN SPACE, COMMON
- Land within or related to a development, not individually owned or dedicated for public use, which is intended for the common use or enjoyment of the residents of the development and may include such complementary structures as are necessary and appropriate. Open space may include recreation centers, swimming pools, tennis and basketball courts, and similar outdoor recreational facilities.
- OUTDOOR STORAGE
- The keeping, in other than a building, of any goods, materials, or merchandise on the same parcel for more than 24 consecutive hours.
- Any person, agent, firm or corporation having a legal or equitable interest in the property.
- PARK-AND-RIDE FACILITY
- A publicly owned short-term parking facility for commuters.
- PARKING FACILITY, SURFACE/STRUCTURE
- Use of a site for surface parking or a parking structure unrelated to a specific use which provides one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas and similar features, meeting the requirements established by this chapter. This use type shall not include parking facilities accessory to a permitted principal use.
- A level surfaced area directly adjacent to a principal building which has an average elevation of not more than 30 inches from finished grade, and without walls or a roof. A patio may be constructed of any materials.
- PAWN SHOP
- A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property.
- A document issued by the Appomattox County Department of Community Development and/or Office of Building Inspections allowing a person to begin an activity provided for in this chapter.
- PERMITTED USE
- A use of the land which is allowed by right in the zoning district in which the land is situated.
- PERSONAL IMPROVEMENT SERVICES
- Establishments primarily engaged in the provision of informational, instructional, personal improvement, and similar services. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, and handicraft and hobby instruction.
- PERSONAL SERVICES
- Establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops, grooming of pets, seamstresses, tailors, or shoe repairs, florists, and laundromats and dry-cleaning stations serving individuals and households.
- The schematic representative of land divided or to be divided.
- POLLUTANT or POLLUTION
- Any material that causes the alteration of the physical, chemical or biological properties of any state waters, public or private water supplies, land or air in a manner that:
- A. Is harmful or detrimental or injurious to the public health, safety or welfare, or the health of animals, fish or aquatic life; or
- B. Renders a water supply unsuitable with reasonable treatment for use as present or possible future sources of public water supply or unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses.
- A roofed open area, which may be glazed or screened, usually attached to or part of, and with direct access to or from, a building.
- POST OFFICE
- Postal services directly available to the consumer operated by the United States Postal Service.
- Includes all domestic or domesticated poultry animals, including, but not limited to, hens, broilers, and turkeys.
- PRESCRIPTIVE EASEMENT
- An easement granted by the Virginia Department of Transportation for the construction and maintenance of public roads owned by said Department.
- PRESIDING OFFICER
- A person appointed by the commission or board to preside at public meetings or hearings.
- PRINCIPAL BUILDING OR STRUCTURE
- A building or structure in which the primary use of the lot on which the building is located is conducted.
- PRINCIPAL USE
- The main use of land or structures, as distinguished from a secondary or accessory use.
- PROFESSIONAL OFFICE
- An office for the conduct of a professional use by persons generally engaged in rendering personal, executive, sales or administrative services or activities, including law, medicine, theology, architecture, accounting, engineering, insurance, real estate, stockbrokers and administrative agencies considered professional in character. The term, however, does not include repair or sales of tangible personal property stored or located within the structure nor any use which would create any loud noises or noxious odors.
- An offer or proposal which the property owner, or his agents, commits himself to as additional requirements or restrictions on his property.
- PUBLIC ASSEMBLY
- Facilities owned and operated by a public or quasi-public
agency accommodating public assembly for sports, amusement, or entertainment
purposes. Typical uses include auditoriums, sports stadiums, convention
facilities, fairgrounds, and incidental sales and exhibition facilities.[Added 3-29-2016]
- PUBLIC BUILDING
- A building owned or leased and occupied and used by an agency or political subdivision of the United States of America, the Commonwealth of Virginia or Appomattox County.
- PUBLIC SEWERAGE SYSTEM
- A sewerage system owned and operated by the governing body or any sewerage system resulting in a point-source discharge and approved by the Health Department.
- PUBLIC UTILITIES
- Public service structures, such as power plant substations; waterlines and treatment plants or pumping stations; sewage disposal systems and treatment plants; or such similar operation, publicly or privately owned, furnishing electricity, gas, rail transport, communication or related services to the general public.
- PUBLIC WATER SYSTEM
- A water system owned and operated by the governing body; or any water system for drinking or domestic use, approved by the Health Department, that generally has at least 15 connections or provides water to an average of 25 individuals for at least 60 days out of the year.
- A structure erected over a mobile home for the purpose of providing shade or shelter.
- RECREATIONAL SALES AND SERVICE
- Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories.
- RECREATIONAL VEHICLE
- A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently tow able by a light-duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use. The term "recreational vehicle" does not include mobile homes.
- RECREATIONAL VEHICLE PARKS
- Facilities for recreational vehicles, pickup coaches, motor homes, camping trailers, other vehicular accommodations and tents suitable for temporary habitation and used for travel, vacation and recreation purposes.
- RECYCLING CENTER
- A receptacle or facility used for the collection and storage
of recyclable materials designed and labeled for citizens to take
voluntarily source separated materials for recycling.[Added 3-29-2016]
- RELIGIOUS ASSEMBLY
- A use located in a permanent building and providing regular, organized religious worship and related incidental activities. It includes churches, synagogues, mosques, and ancillary uses such as worship centers, fellowship halls and pavilions/playgrounds associated with the primary use.
- REPLACEMENT COST
- The cost of restoring a damaged building or structure to its original condition. Replacement cost shall include reasonable estimates of the cost of materials and labor and shall be compared with the assessed value as determined by the County Assessor to determine the percentage of the cost of improvements.
- RESIDENT ENGINEER
- The Resident Engineer for Appomattox County, Virginia, employed by the Virginia Department of Transportation, or his designated agent.
- RESIDENTIAL USE
- A building or part of a building containing dwelling units or rooming units, including single-family houses, multiple-family dwellings, mobile homes, boarding or rooming houses, dormitories, fraternity or sorority houses or apartment hotels, but not including monasteries, convents, transient accommodations, such as hotels, motels, tourist cabins or recreational vehicle parks, or that part of a mixed building used for any nonresidential use, except accessory to residential uses.
- RESOURCE EXTRACTION
- A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use type shall be grading and removal of dirt associated with an approved site development plan or subdivision, or excavations associated with, and for the improvement of, a bona fide agricultural use.
- Any building in which, for compensation, food or beverage is dispensed to persons not residing on the premises, including, among other establishments, cafes, delicatessens, refreshment stands or drive-in facilities.
- A professionally prepared drawing of the creation of new lots or parcels from existing lots or parcels on a subdivision plat recorded in the office of the Clerk of the Circuit Court.
- RETAIL SALES
- Sale or rental, with incidental service, of commonly used goods and merchandise for personal or household use, but excludes those classified more specifically by definition.
- RETAIL STORES AND SHOPS
- Buildings for the display and sale of merchandise at retail or for the rendering of professional services (but specifically exclusive of coal, wood and lumber yards), such as the following, which will serve as illustration only and are not to be considered exclusive: drugstore, 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, barbershop, and beauty shop.
- A facility serving as a destination point similar to a hotel/motel and generally providing recreational facilities for persons on vacation. Buildings and structures are usually self-contained within a resort-like setting and serve to complement the scenic qualities of the lodge's location.
- REVISED PLAT
- A professionally prepared drawing of changes to items (setback lines, easements, etc.) on an existing subdivision plat recorded in the office of the Clerk of the Circuit Court.
- Access over or across particularly described property for a specific purpose or purposes.
- RIGHT-OF-WAY LINE
- The dividing line between a lot, tract or parcel of land and a contiguous street, railroad or public utility right-of-way.
- RIGHT-OF-WAY, STATE-OWNED
- The right-of-way owned outright by the Virginia Department of Transportation on which public roads are constructed and maintained.
- ROOMING HOUSE
- A building where, for compensation, lodging and meals are provided for at least five and up to 14 unrelated persons, where no cooking or dining facilities are provided in individual rooms, and in which the length of stay usually exceeds one week in duration.
- SAFETY SERVICES, PRIVATE
- Uses for the conduct of safety and emergency services for the primary benefit of the public, privately owned and operated, including emergency medical and ambulance services.
- SAFETY SERVICES, PUBLIC
- Uses for the conduct of safety and emergency services for the primary benefit of the public, publicly owned and operated or financially supported by the municipality, including police, fire protection and emergency medical and ambulance services.
- SAWMILL, PERMANENT
- A sawmill permanently located for the purpose of processing timber from the property on which it is located, from adjoining property or from other properties removed from the sawmill or its environs without regard to point of origination.
- SAWMILL, TEMPORARY
- A sawmill located on private property for a period not to exceed six months for the sole purpose of processing timber cut only from that property or from property immediately contiguous and adjacent thereto, or incidental processing of timber transported from other property.
- SCHOOL, PRIVATE
- Any building or group of buildings, the use of which meets state requirements for primary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency.
- SCHOOLS, PUBLIC
- The system of free public primary, elementary, and secondary schools established pursuant to § 22.1-2 of the Code of Virginia (1950), as amended.
- SCRAP AND SALVAGE SERVICES
- Places of business primarily engaged in the storage, sale, dismantling, or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include paper and metal salvage yards, automotive wrecking yards, junkyards, used tire storage yards, or retail and/or wholesale sales of used automobile parts and supplies.
- A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation. Screening is intended to obscure substantially, but not necessarily totally, visual impacts between adjoining uses.
- The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
- SETBACK LINE
- A line parallel to a street and extending the full width of the lot for a specified distance at all points from the street right-of-way line, and thus defining an area on which no building or structures or portions thereof may be constructed.
- The visible shimmer effect when rotating turbine blades cast shaded areas on the ground and nearby structures causing a repeating pattern of light and shade.
- SHOOTING RANGE, INDOOR/OUTDOOR
- The use of land and/or a building for archery and/or the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. Excluded from this use type shall be general hunting and unstructured and nonrecurring discharging of firearms on private property with the property owner's permission.
- SHOPPING CENTER
- A group of commercial establishments planned, constructed, and managed as a total entity with shared access, customer and employee parking provided on site, provision of goods delivery separated from customer access, aesthetic considerations, and protection from the elements.
- The area immediately adjacent to any state water, including lakes, pond and streams; more specifically, the line where open waters abut wetlands or fastlands during nonflood and nondrought periods.
- Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or marks, or combination thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a public business, a commodity, or product, which are visible from any public way and used as an outdoor display.
- SIGN, ANIMATED
- A sign utilizing any form of movement, including, but not limited to, animation, revolution, or vertical or horizontal motion, whether electrical, mechanical, windblown, or through change in lighting. For the purposes of this chapter, electronic changeable-copy signs shall be considered as a changeable-copy sign.
- SIGN AREA
- A square, rectangle, triangle, circle, or other geometric configuration, encompassing the entire advertising area, excluding architectural trim and structural supports.
- SIGN, ATTACHED
- Any sign that is affixed directly to a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or porch of a building and the face of which is parallel to the building element to which it is attached. Attached signs have only one face visible from the public right-of-way.
- SIGN, AWNING
- A type of attached sign painted on, printed on, or otherwise affixed to the surface of an awning.
- SIGN, BANNER
- A sign applied to cloth, paper, flexible plastic, or fabric of any kind and generally intended to be displayed on a temporary basis.
- SIGN, BUSINESS
- A sign which directs attention to a profession or business conducted, or to a commodity, service activity or entertainment sold or offend, upon the premises where the sign is located or in the building to which the sign is affixed.
- SIGN, CHANGEABLE-COPY
- A sign or part of a sign that is designed so that characters, letters, or illustrations can be changed or rearranged.
- SIGN, COMMERCIAL
- A sign informing or advertising products or activities for sale or profit.
- SIGN, CONSTRUCTION
- A temporary sign identifying an architect, developer, builder, general contractor, subcontractor, material supplier, and or financing entity participating in construction on the property on which the sign is located.
- SIGN, DIRECTIONAL
- Any sign displayed for the direction and convenience of the public, including signs which identify restrooms, location of public telephones, public entrances, freight entrances, or the like.
- SIGN, DOUBLE-FACED
- A sign with two parallel, or nearly parallel, faces, back to back, and located no more than 24 inches from each other.
- SIGN, FLASHING
- An 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.
- SIGN, FREESTANDING
- A sign which is supported by structures or supports in or upon the ground and is independent of any support from any building.
- SIGN, GATEWAY
- A freestanding sign located at or near the entrance to a local jurisdiction. Such sign shall be restricted to the identification of the local jurisdiction, notification of civic, social, or service organizations and items of public interest.
- SIGN HEIGHT
- The vertical distance measured from grade to the highest portion of the sign or sign structure.
- SIGN, HISTORIC SITE
- A sign erected and maintained by a public agency or nonprofit historical society that identifies the location of and provides information about a historic place or event.
- SIGN, HOME OCCUPATION
- A sign associated with home occupation uses as provided for elsewhere in this chapter.
- SIGN, IDENTIFICATION
- A permanent on-premises sign displaying only the name of a subdivision, multifamily housing development, shopping center, industrial park, office park, church, school, public or quasi-public facility, or similar type use.
- SIGN, ILLUMINATED
- Any sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
- SIGN, MONUMENT
- A freestanding sign directly affixed to a structure built on grade, in which the sign and the structure are an integral part of one another.
- SIGN, OFF-PREMISES
- A sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject not specific to the premises upon which it is located; any sign which directs attention to a message or business, commodity, activity, service, or product not conducted, sold, or offered upon the premises where the sign is located. These signs may also be known as "location signs," "billboards," "outdoor advertising signs," or "general advertising signs."
- SIGN, ON-PREMISES
- Any sign which directs attention to a business, commodity, activity, service, or product conducted, sold, or offered upon the premises where the sign is located. On-premises signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
- SIGN, POLITICAL CAMPAIGN
- A sign relating to the election of a person to public office, or a political party, or a matter to be voted upon at an election called by a duly constituted public body.
- SIGN, PORTABLE
- A freestanding temporary sign that is designed to be moved easily and is not permanently affixed to the ground.
- SIGN, PROJECTING
- A sign that is affixed directly to a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or porch of a building and the face of which is roughly perpendicular to the building element to which it is attached.
- SIGN, PUBLIC SERVICE
- A sign advertising only the name, time, and place of any bona fide fair, carnival, festival, bazaar, horse show, or similar event when conducted by or for the benefit of any civic, religious, educational, or charitable cause, provided the sign shall be displayed no longer than 21 days per calendar year.
- SIGN, REAL ESTATE
- A temporary sign which advertises the sale, lease, rental, or display of the lot or building upon which such sign is displayed.
- SIGN, ROOF
- A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof or the deckline of a building with a mansard roof.
- SIGN SETBACK
- The minimum distance required between any property line and any portion of a sign or sign structure.
- SIGN STRUCTURE
- The supports, uprights, bracing, or framework of any structure exhibiting a sign, be it a single-faced, double-faced, V-type, or otherwise.
- SIGN, SUSPENDED
- A sign that is suspended from a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or the porch of a building by means of brackets, hooks, or chains, and the like, and the face of which is roughly perpendicular or parallel to the building element to which it is attached.
- SIGN, TEMPORARY
- Any sign, banner, pennant, valance, or advertising display applying to a seasonal or brief activity, 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 30 days. For the purposes of these regulations, on-premises real estate signs and signs displayed on active construction projects shall be considered temporary when displayed in accordance with § 19.6-88 et seq. herein.
- SIGN, WALL
- A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign, which does not project for more than 12 inches from such building or structure.
- SIGN, WINDOW
- A sign painted onto or physically affixed to a building window, including upper-floor windows and the glazing of doors, or signs legible from any vehicular public right-of-way through a building window.
- STABLE, COMMERCIAL
- The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and his/her nonpaying guests. Included in this definition are riding academies.
- STABLE, PRIVATE
- The keeping, breeding, or raising of horses or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and his/her guests.
- A platform, without a roof, located at the entrance of a building, with sufficient area to facilitate the ingress and egress to the building.
- STORAGE OF SEWAGE SLUDGE
- Any facility or lot used for the disposal of solid waste
materials by abandonment, discarding, dumping, burial, incineration
or any other means or the transfer of solid waste materials from collection
vehicles to hauling vehicles, including but not limited to trucks,
trains, and tandem trailers, for transport to a central solid waste
management facility for disposal or resource recovery. This definition
does not include typical solid waste bins used in the operation of
commercial, retail, restaurants, shopping centers, motel/hotels, or
similar uses and does not include recycling bins.[Added 3-29-2016]
- That portion of a building included between the surface of any floor and the floor next above it or, if there is not a floor above it, then the space between the floor and the ceiling above it.
- Any flowing body of water defined on the USGA 7.5-minute topographic quadrangle maps with a solid blue line.
- A strip of land comprising the entire area within the right-of-way intended for possible use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word "street" includes road, thoroughfare, parkway, avenue, lane, boulevard, expressway, highway, place, throughway, square, alley or however designated with the above-mentioned right-of-way.
- STREET CENTER LINE
- A line generally parallel to the right-of-way lines that equally divides the street right-of-way.
- STREET, PRIVATE
- Any road, street, highway, or other means of vehicular access to a parcel of land, not dedicated or intended for public use.
- STREET, PUBLIC
- A strip of land comprising of the entire area within the right-of-way intended for public use as a means of vehicular and pedestrian circulation to provide access to more than one lot and which is presently a portion of the Department of Transportation's street and road system, or is a proposed addition to the Department of Transportation's street and road system, in which case the improvement of which shall meet the construction standards of the State Department of Transportation.
- Anything that is assembled or erected with a fixed location on the ground or attached to something having a fixed location on the ground, including, but not limited to, buildings, signs, manufactured homes and swimming pools. Walls and fences shall not be deemed structures except as otherwise specifically provided in this chapter.
- STUDIO, FINE ARTS
- A building, or portion thereof, uses as a place of work by a sculptor, artist, or photographer.
- An individual, corporation, trustee, joint venture, partnership, or other entity, having legal or equitable title to any tract or parcel of land to be developed, who submits a plan pursuant to this chapter.
- Any change or rearrangement in the boundaries or division lines of any lot, parcel, piece, or tract of land, or the division of such lot, parcel, piece, or tract of land into two or more parts, pieces, tracts of land or lots.
- SUBSTANTIAL DAMAGE
- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
- SUBSTANTIAL IMPROVEMENT
- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions or any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designated as an historic structure.
- SURPLUS SALES
- Businesses engaged in the sale of used or new items, involving regular or periodic outdoor display of merchandise for sale. Typical uses include factory outlets or discount businesses with outdoor display.
- A person licensed by the Commonwealth of Virginia to survey land.
- Includes all porcine animals, including, but not limited to, swine, hogs, finishing or slaughter hogs, pigs, feeder pigs, piglets, etc. For the purposes of this chapter, the term "piglet" shall include swine weighing under 55 pounds, and the term "finishing hog" shall include swine weighing more than 55 pounds.
- THEATER, INDOOR
- A building designed and/or used primarily for the commercial exhibition of motion pictures to the general public or used for performance of displays, acts or dramas by actors and/or actresses.
- THEATER, OUTDOOR
- An area not to exceed five acres containing a screen projection booth, refreshment stand, parking spaces and sound-transmission devices to individual parking spaces only for the purpose of commercial exhibition of motion pictures.
- TIMBER HARVESTING
- The commercial cutting of timber.
- TOURIST HOME
- A dwelling where, for compensation, lodging and breakfast only are provided for up to 10 transient persons unrelated to the operator/owner, where no cooking or dining facilities are provided in individual rooms.
- Any structure that is designed and constructed primarily for the purpose of supporting one or more telecommunications facilities, including self-supporting lattice towers, guy towers, or monopole towers. The term includes, but is not limited to, personal communications service towers, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, directional antennas, such as panel(s), microwave and satellite dishes, and omnidirectional antennas, such as whip antennas, and alternative tower structures. See "wireless communications facility."
- TOWER, CO-LOCATION
- The location of telecommunications facilities of more than one commercial wireless communications service provider or governmental entity on a single tower or alternative tower structure.
- TOWER HEIGHT
- When referring to a tower, the distance measured from ground level to the highest point on the tower, even if said highest point is a telecommunications facility.
- TOWER SERVICE PROVIDER
- Any person or corporation that provides telephonic, radio, television, or other wireless communications.
- TOWER SITE
- The area encompassing a tower and all supporting equipment, structures, paved or graveled areas, fencing, and other items used in conjunction with said tower.
- TOWER, STEALTH DESIGN
- Any tower design that seeks to camouflage or conceal the tower within its proposed surroundings, e.g., towers designed to appear as trees, clock towers, bell steeples, utility poles or the like, or telecommunications facilities mounted with alternative design mounting structures that demonstrate stealth design elements.
- A grouping of three or more attached single-family dwellings in a row, in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common walls.
- TOWNHOUSE LOT
- A lot upon which a townhouse is or is to be erected.
- TRANSFER STATION
- Any storage or collection facility which is operated as a relay point for solid waste which ultimately is to be transferred to a landfill or other disposal site.
- TRANSPORTATION TERMINAL
- A facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express between modes of ground transportation, including bus terminals, railroad stations, and public transit facilities.
- TRUCK STOP
- An establishment containing a mixture of uses which cater to the traveling public and in particular motor freight operators. A truck stop might include such uses as fuel pumps, restaurants, overnight accommodations, retail sales related to the motor freight industry and similar uses.
- TRUCK TERMINAL
- A facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck, primarily for commercial purposes rather than as an activity incidental to another purpose. Included in this use type would be express and other mail and package distribution facilities, including such facilities operated by the United States Postal Service.
- The principal purpose for which a lot or the main building thereon is designed, arranged or intended and for which it is or may be used, occupied or maintained.
- USE BY RIGHT
- See "permitted use."
- USE, TEMPORARY
- Any commercial use which is conducted for a period not exceeding 30 consecutive days and which is not reestablished within a period of 90 days.
- UTILITY SERVICES
- Services of a regional nature which normally entail the construction of new buildings or structures, such as generating plants and sources, electrical switching facilities and stations and substations, community water treatment plants, community wastewater treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission.
- A reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.
- Any object of natural floral growth.
- VEGETATIVE BUFFER
- Perennial vegetation established or left undisturbed adjacent to the shoreline of a watercourse, intended to filter out sediment and other non-point-source pollutants from runoff before it reaches a watercourse; also includes vegetation along property lines.
- VETERINARY HOSPITAL/CLINIC
- Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short-term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel.
- WAREHOUSING AND DISTRIBUTION
- A facility, the uses of which include storage, warehousing, and distribution of goods within enclosed structures, or outdoors, primarily for commercial purposes rather than as an activity incidental to another purpose. Typical uses include wholesale distributors, storage warehouses, and moving and storage firms.
- WATER, STATE
- All waters on the surface and under the ground wholly or partially within or bordering the Commonwealth of Virginia or within its jurisdiction.
- WATER SYSTEM, PRIVATE
- A system of distribution of potable water from the source of supply to the consumer. The term may include, but is not limited to, sources, collection, treatment, and storage of water.
- WAYSIDE STAND
- An establishment for the seasonal retail sale of agricultural goods and merchandise primarily produced by the operator on the site, or on property owned by the operator elsewhere in the County. The stand is a building or structure located within 100 feet of a street or road for the sole purpose of selling agricultural or horticultural products grown within the County.
- WIND ENERGY SYSTEM
- Includes all equipment, machinery, and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection, and supply equipment, substations, transformers, service and access roads, and one or more wind turbines. Such system produces no greater than 20 kW of electrical power and is to be used primarily for on-site consumption.
- WIND FARM
- A parcel of land on which three or more wind turbines are sited for the purpose of electricity generation.
- WIND TURBINE
- A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.
- The manufacturing, bottling, and sale of products grown and harvested from a vineyard or orchard. Commercial uses such as gift shops and restaurants associated with the winery shall be allowed as ancillary uses.
- WIRELESS COMMUNICATIONS FACILITY (WCF)
- A facility generally designed to provide or facilitate a link in a wireless communications system serving a specific area or region, typically consisting of any or all of the following: antenna arrays, microwave dishes, tower or monopole structures, and equipment structures.
- Space on the same lot with a main building, such space being open, unoccupied and unobstructed by buildings from ground to sky, except where encroachments and accessory buildings are expressly permitted.
- YARD, BUFFER
- A yard improved with screening and landscaping materials required between abutting zoning districts of differing intensities or between adjoining land uses for the purpose of decreasing the adverse impact of differing uses and districts.
- YARD, FRONT
- An open, unoccupied space on the same lot with the main structure extended the full width of the lot and situated between the right-of-way line and the front line of the structure projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the structure and the right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main structure and shall not project into a required front yard. On corner lots, the "front yard" shall be considered as parallel to the street upon which the lot has its least dimension.
- YARD, REAR
- An open space on the same lot with the main structure, such space being unoccupied except possibly by an accessory building and extending the full width of the lot and situated between the rear line of the lot and the rear line of the main structure projected to the side lines of the lot. On all corner lots, the "rear yard" shall be at the opposite end of the front yard.
- YARD SALE
- The sale of used items for residential use. The sale of these items can take place in an accessory structure but mainly take place outside.
- YARD, SIDE
- An open, unoccupied space on the same lot with a main structure, situated between the side line of the structure and the adjacent side line of the lot, extending from the rear line of the front yard to the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot; and if no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot. On the corner lots, the "side yard" shall be considered as parallel to the street upon which the lot has its greatest dimension.
- Any portion of the territory of the County, exclusive of streets, roads, alleys, and other public ways, within which certain uses of land, premises, and buildings are regulated differently or specifically and within which certain yards and open spaces are required and certain height limits are established for buildings or structures.
- ZONING MAP
- The Official Zoning District Map for Appomattox County.
Editor’s Note: The former definition of "animal confinement development plan" and the definition of "animal units" with the accompanying scale for calculation of animal units, which immediately and repectively followed this definition, were repealed 7-6-2015.
Editor's Note: Section 33.1-25 of the Code of Virginia was repealed by 2014 Virginia Laws Ch. 805. For current provisions, see Title 33.2.
Editor's Note: Section 33.1-67 of the Code of Virginia was repealed by 2014 Virginia Laws Ch. 805. For current provisions, see Title 33.2.
This chapter is not intended to abrogate, annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such private agreements or legal relationships, the regulations of this chapter shall govern. The County does not enforce private agreements, covenants, or other legal relationships.
Any land that is annexed from the County into an incorporated town or that is reverted to the County from an incorporated town shall be regulated in accord with the terms of the annexation or reversion agreement that establishes such change in governance.
Nothing contained in this chapter shall require any change in the plans or construction of any building or structure for which a building permit was granted prior to the effective date of this chapter. If construction is discontinued for a period of six months, further construction shall be in conformity with the provisions of this chapter for the district in which the activity is located.
On the effective date of this chapter, the previously existing Appomattox County Zoning Ordinance is hereby repealed, and this chapter replaces it in its entirety. Further, all property in Appomattox County shall retain the zoning district classification as named under the previous Zoning Ordinance except as amended and otherwise provided by this chapter.
Calculations of development density, including lot, lot area, parent tract, net and gross floor density for residential development, floor area ratio for nonresidential development density, and other such terms shall be made in accord with the formulas provided within the definitions of those terms in this chapter.
Calculations of allowable floor area ratio shall be based upon the floor area ratio as established by the zoning district in effect for the site at the time a site development plan for the lot is officially accepted for review by the County.
Except where provided by this chapter, or by conditional use permit, no more than one dwelling unit, whether a single-family dwelling or manufactured home, may be erected on a single lot.
One additional structure may be permitted as a single-family dwelling on the same lot or parcel of land as that of the main dwelling, provided that the parcel is zoned A-1 Agricultural Zoning District or R-2 Medium-Density Zoning District and the following requirements are met:
A statement of nonobjection must be provided, signed by all adjacent property owners and/or residents.
If a petitioner fails to obtain a statement of nonobjection from all adjacent property owners and/or residents, then the petitioner has the option to petition the Board of Supervisors through the conditional use permit process.
Legal conforming lots for second dwellings must contain sufficient lot area, lot width, lot coverage, and must meet minimum yard requirements so that if the lot is ever divided into two lots, no nonconforming lot or building is created.
A second dwelling must have access to a public street by means of a passageway open to the sky at least 15 feet in width.
Well and septic systems. Applicants for second dwellings must receive Health Department approval for a well and septic system prior to receiving zoning approval. Each dwelling on a lot must be served by individual well and septic systems. Wells may be shared by the two dwellings with Health Department approval.
Prohibitions on third dwellings. Three or more single-family dwelling units on a single lot are not permitted in Appomattox County in any zoning district.
All structures requiring a building permit shall be erected on lots which have frontage on a public road, or access to a public road by a private road or access easement if otherwise provided for herein, or as provided for in the Subdivision Ordinance, so as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
Editor's Note: See Ch. 19.5, Subdivision of Land.
The Board of Supervisors shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, applications, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Administrator and may be altered or amended only by the governing body. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
Subject to the Zoning Administrator's interpretive powers as provided for herein, no uses are permitted unless included in the lists of permitted uses, whether by right or by conditional use, in a district.
Uses other than those allowed in a particular district may be added to a district only upon adoption of a text amendment approved by the Board of Supervisors, pursuant to the procedures set forth herein.
For the purpose of this chapter, certain words and terms are to be interpreted as set forth in the definitions portion of this chapter. In case of a dispute over the meaning of a word, phrase, or sentence, whether defined in this chapter or not, the Zoning Administrator is hereby authorized to make a definitive determination thereof, being guided in such determination by the purposes and intent of this chapter, provided that an appeal may be taken from any such determination as provided herein.
Zoning districts and Zoning Map.
The County is hereby divided into zones, or districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.
The Official Zoning Map shall be comprised of a complete set of official Appomattox County Tax Maps, color-coded to reflect the zoning classification of each and every parcel of land in Appomattox County. The Board of Supervisors may, by its formal action, adopt a new graphic format for the Official Zoning Map, as long as the map shows every parcel of land in the County and accurately represents the zoning districts as set forth on the original Zoning Map at the time the new graphic version is created.
The Official Zoning Map shall be identified by the signature of the Chairman of the Board of Supervisors attested by the Clerk under the following words: "This is to certify that this is the Official Zoning Map referred to in the Zoning Ordinance of Appomattox County, Virginia." This statement shall be provided along with the signatures and the date of adoption of this chapter and any subsequent amendments to the map adopted by the Board of Supervisors.
If, in accordance with the provisions of this chapter and the Code of Virginia (1950), as amended, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Board of Supervisors with an entry on the Official Zoning Map as follows: "On (date), upon action by the Board of Supervisors, the following change(s), were made to the Official Zoning Map: (brief description of change)," which entry shall be signed and attested by the Zoning Administrator. No amendment of this chapter which involves matter portrayed on the Official Zoning Map shall become effective until after such change has been made on said map.
No changes of any nature shall be made on the Official Zoning Map or items shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized changes of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided in this chapter.
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the Zoning Administrator shall be the final authority as to the current zoning status of land and water area, buildings, and other structures in the County.
Replacement of the Official Zoning Map.
In the event that the Official Zoning Map becomes damaged, lost, or difficult to interpret because of the nature or number of changes and additions, the Board of Supervisors may, by resolution, adopt a new Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the same statement and signatures as outlined previously.
Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map(s) or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
The boundaries of these districts are hereby established as shown on the Official Zoning Map of Appomattox County, on file in the office of the Zoning Administrator.
Where uncertainty exists as to the boundaries of any district as shown on the Official Zoning Map, the following rules shall apply:
Boundaries, wherever, possible, are deemed to follow the center lines of highways, streets, alleys, railroad lines, streams, and rivers, or plotted lines, and Town limits.
Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of said map, by the Zoning Administrator.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered above, the Zoning Administrator shall interpret the district boundaries.
Regular lots, measurements.
The width of a regular lot shall be determined by measurement across the lot at the front lot line at its intersection with each side lot line.
The length of a regular lot shall be determined by measuring the distance between the front and rear lot lines at each of the two side yard setback lines and averaging those two distances.
Regular lots, determination of front yard.
On regular interior lots, the front shall be construed to be the portion nearest the street or access road.
On regular corner lots, all sides fronting on a street shall meet the front yard setback requirement. The side opposite the front yard shall be considered a rear yard. The orientation of the dwelling should be determined and shown on the subdivision plat or site plan by the prevailing building pattern or the prevailing lot pattern if the building pattern has not been established.
On regular through lots, unless otherwise determined by the Zoning Administrator due to the prevailing building pattern, the front shall be construed to be the shorter boundary fronting a street. If the lot has equal frontage on two streets, the front shall be determined and shown on all subdivision plats and site plans by the prevailing building pattern or the prevailing lot pattern if a building pattern has not been established.
Regular lots, yards adjacent to street.
Irregular lots, yard requirements. All yards shall provide at least the same separation from all lot lines as required for minimum side yards in the district; and for the lot line which is determined to be the front lot line, setback and yard requirements for front yards shall be met. Additionally, if an irregular lot abuts a street at any point, a distance shall be provided that equals the yard required on a regular lot adjacent to a street in the district.
All setbacks from public streets shall be measured from either:
If no right-of-way exists, or if no construction plans are approved for the road, or if less than the minimum right-of-way exists, the right-of-way shall be assumed to be the edge of the existing travelway. The landowner shall determine the location of the front property line and shall certify by affidavit to the County that the setbacks meet the requirements of this chapter.
When one lot is bisected by a zoning district boundary line, setbacks shall be required from the lot line, not from the line that divides the zoning district on the lot. The setback requirement for such lots shall be determined by the placement of the building or structure in which district the building or structure lies.
Lot size and shape. All lots and yards shall meet the dimensional requirements set forth in the district requirements of this chapter, in conjunction with all other requirements set forth herein.
Health Department approval. Area requirements are minimums as per the requirements of the governing zoning district and are subject to the approval of the Health Department. In special circumstances, larger lot areas may be required by the Health Department.
Lots created to serve public utilities shall be exempt from the minimum lot size, minimum setback, and minimum lot width.
No building shall hereafter be erected, constructed or altered so as to exceed the height limit specified in the regulations herein for the district in which it is located.
Government buildings. No maximum height restrictions are placed upon government buildings. The height requirements shall be determined by the appropriate governmental agency constructing or reconstructing the building.
Principal use. Only one principal use or structure is permitted per lot unless otherwise provided herein. The Zoning Administrator shall determine what constitutes a principal use when two or more permitted uses occupy the same lot.
Required yards. No part of a yard or other open space, area, or off-street parking or loading space shall be included as part of a yard, open space, area, or off-street parking or loading space for another use, unless otherwise specifically provided for in this chapter.
A breezeway of not more than 12 feet in length may be used to connect two structures, thus creating one principal structure. If the breezeway exceeds 12 feet, then the structures shall be considered separately and subject to the regulations for a second dwelling unit.
Reductions below minimum requirements.
No lot or area existing prior to the adoption of this chapter shall be reduced in dimension or area below the minimum requirements set forth in this chapter except for the purpose of meeting or exceeding standards set forth in this chapter. Lots or areas created after such date shall meet at least the minimum requirements established in this chapter.
No yards existing prior to the adoption of this chapter shall be reduced in dimensions below the minimum requirements set forth in this chapter. Yards created after adoption of this chapter shall meet at least the minimum requirements established by this chapter.
No existing off-street parking or loading space, and no off-street parking or loading space hereafter created, which meets all or part of the requirements for off-street parking or loading space set forth in this chapter shall be reduced or eliminated if the reduction results in area not meeting requirements or standards contained in this chapter. Reductions may be permitted where spaces are no longer required by this chapter or alternative spaces meeting the requirements of this chapter are provided.
Two or more contiguous lots under the same ownership may be used to satisfy zoning requirements only after a subdivision plat has been approved and recorded eliminating the common internal lot lines.
For the purpose of this chapter, Appomattox County is divided into the following base zoning districts:
Agricultural District (A-1)
Low-Density Residential District (R-1)
Medium-Density Residential District (R-2)
High-Density Multifamily Residential District (R-3)
Village Center District (V-1)
General Commercial District (B-1)
Limited Commercial District (B-2)
Industrial District (M-1)
Planned Industrial District (IP)
In addition to the base districts, overlay districts are hereby established which may be applied by the Board of Supervisors as overlay regulations to portions of any or all of the base districts, through the Zoning Map amendment process in accord with the procedures established herein and subject to the standards and procedures of this chapter. The following overlay districts are established herein:
Floodplain Overlay District (FPO)
Historic Overlay District (H-1)