City of Fredericksburg, VA
 
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ABATTOIR
See "stockyard/slaughterhouse."
ABUTTING
The condition of two adjacent lots having a common property line or boundary including cases where two or more lots adjoin a corner, but not including cases where adjacent lots are separated by a street or alley.
ACCENT
The use of an alternate material or color to a detail that is emphasized by contrasting with its surroundings.
ACCESSORY DWELLING UNIT
A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling unit, whether part of the same structure as the principal dwelling unit, or as a detached structure on the same lot.
ACCESSORY USE AND ACCESSORY STRUCTURE
Any land, building or structure, the use of which:
A. 
Is customarily found in association with, and serves the principal use;
B. 
Is subordinate in purpose, area or extent to the principal use served; and
C. 
Is located on the same lot as the principal use.
ACRE
A measure of land equating to 43,560 square feet.
ACT OF GOD
Any event in which the damage to a nonconforming use or structure is outside of the control of a single individual. Damage or destruction by hurricane, flood, earthquake, or lightning are considered acts of God.
ACTIVE RECREATION USES
Uses or structures intended for specific active recreational uses such as play grounds, ball fields, tennis courts and other similar uses typically located in open space set-aside areas or parks.
ADDITION
Any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled and roofed addition that is connected by a fire wall or is separated by an independent perimeter load bearing wall is new construction.
ADJACENT
A lot or parcel of land that shares all or part of a common lot line or boundary with another lot or parcel of land or that is directly across a public street or right-of-way.
ADMINISTRATIVE MODIFICATION
A modification granted by the Zoning Administrator of any zoning regulation relating to physical requirements on a lot or parcel of land, including but not limited to: size, height, location or features of, or related to, any building, structure, or improvements.
ADULT CABARET
A building or portion of building regularly featuring dancing or other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on the exhibition of specified sexual activities or specified anatomical areas for observation by patrons therein. Venues for live theatrical performances with serious artistic, social or political value that depict or describe specified anatomical areas are expressly excluded from this definition.
A. 
Any facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day for four or more aged, infirm or disabled adults who reside elsewhere, except:
(1) 
A facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services; and
(2) 
The home or residence of an individual who cares for only persons related to him by blood or marriage.
B. 
Included in this definition are any two or more places, establishments or institutions owned, operated or controlled by a single entity and providing such supplementary care and protection to a combined total of four or more aged, infirm or disabled adults.
ADULT ESTABLISHMENT
Any adult cabaret, adult motion-picture theater, video-viewing booth or arcade booth.
ADULT MEDIA
Media, including magazines, books, videotapes, movies, slides, CD-ROMs, DVDs, or other devices used to record images, that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas. Movies rated G, PG, PG-13, or R by the Motion Picture Association of America (MPAA) are expressly excluded from this definition.
ADULT MOTION-PICTURE THEATER
An establishment that shows sexually oriented movies, distinguished or characterized by an emphasis on the exhibition of specified sexual activities or specified anatomical areas as a significant part of its business.
ADULT STORE
An establishment that offers for sale or rent items from any of the following categories: (i) adult media, (ii) sexually oriented goods, or (iii) goods marketed or presented in a context to suggest their use for specified sexual activities; and the combinations of such items constitutes more than 15% of its stock in trade or occupies more than 15% of its gross public floor area; and where there is no on-site consumption of the goods, media or performances for sale or rent.
AGGRIEVED PARTY
A party with a direct, substantial, immediate, and pecuniary interest in the subject matter of the proceeding, in the nature of a denial of some personal or property right, legal or equitable, or imposition of a burden or obligation upon the party different from that suffered by the public generally.
AGRICULTURAL LANDS
Lands used for planting and harvesting of crops or plant growth of any kind in the open, pasture, horticulture, dairying, floriculture, or raising of poultry and/or livestock.
AGRITOURISM
Any activity carried out on a farm or ranch that allows members of the general public to view or enjoy rural activities for recreational, entertainment, or educational purposes. Activities may include farming, wine making, ranching, historical/cultural activities, harvest your own activities or natural activities and attractions and are considered agritourism whether or not the participant paid to participate. Certain sales of goods and merchandise are allowed including, but not limited to souvenirs, t-shirts and items of clothing, and food and products.
AIRPORT
Any area of land or water designed and set aside for the landing and take-off of aircraft, including all necessary facilities for the housing and maintenance of aircraft.
ALLEY
A narrow strip of land intended and improved for vehicular traffic, which is designed to give access to the side and rear of properties whose principal frontage is on a street.
[Amended 1-22-2019 by Ord. No. 19-02]
ALTERATION
Any material change in the architectural features of a structure and its surrounding site, including, but not limited to, additions and removals, substantial landscaping, and any subdivision.
ANIMAL GROOMING
Any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. These uses do not include outdoor boarding.
ANIMAL SHELTER
A facility used to house and care for stray, homeless, abandoned, or neglected animals and that is owned, operated, or maintained by a public body, an established humane society, or other private or nonprofit organization.
ANTENNA
Communications equipment that transmits or receives electromagnetic signals used in the provision of any type of wireless communications service, including both directional antennas such as panels and microwave dishes, and omnidirectional antennas such as whips, but excluding satellite dish antennas.
[Amended 10-24-2017 by Ord. No. 17-27]
APARTMENT
See "dwelling, multifamily."
ARB
The Architectural Review Board.
ARBORETUM
A place where trees, shrubs, or other woody plants are grown, exhibited or labeled for scientific, educational, or passive recreational purposes, not including the harvest of plants or their produce.
ARENA
A building or structure designed or intended for use for spectator sports, entertainment events, expositions, and other public gatherings. Such uses may or may not include lighting facilities for illuminating the field or stage area, concessions, parking facilities, and maintenance areas.
ARTS CENTER
A structure or series of structures dedicated to display of visual and/or performance arts and related facilities.
ARTIST STUDIO
A facility used as a place of work for an artist or craftperson primarily for the recreation or cultural education of the public, including persons engaged in the application, teaching, exhibition, retail sale or performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture, and writing.
A. 
A building, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, health care assistance, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or proprietor. Accessory uses may include dining rooms and infirmary facilities for intermediate or skilled nursing care solely for the use of the occupants residing in the principal facility.
B. 
For the purposes of this chapter, a residential facility in which fewer than eight aged, infirm, or disabled persons reside, with one or more resident counselors or other staff persons shall be treated as residential occupancy by a single-family.
ATHLETIC FIELD
Outdoor site or field designed for formal athletic competition in field sports.
AUCTION HOUSE
A facility in which merchandise receives bids through auctioning process.
AUDITORIUM
A building or structure designed or intended for use for spectator sports, entertainment events, expositions, conferences, seminars, product displays, recreation activities, and other public gatherings, all occurring inside a structure typically limited to a capacity of 500 or fewer seats, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premises consumption.
AUTOMATED TELLER MACHINE (ATM)
An automated mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether inside or outside of a financial institution, or located in a structure unrelated to the financial institution operating it. Such uses may not serve as the principal use of a parcel of land or site.
AUTOMOBILE SERVICE
A building and premises wherein the primary use is the retail supply and dispensation of gasoline, oil, grease, batteries, tires and motor vehicle accessories, and where, in addition, services for minor engine repair, tire servicing, exhaust systems, washing, brake repairs, and other minor repair activities may be rendered and sales made.
AUTOMOBILE SALES AND RENTAL, SMALL SCALE
Premises less than three acres in area, on which new or used passenger automobiles, trailers, motorcycles, recreational vehicles, or light trucks in operating condition are displayed for sale, lease, or rental.
[Amended 7-9-2019 by Ord. No. 19-25]
AUTOMOBILE SALES AND RENTAL, LARGE SCALE
Premises three acres or greater in area, on which new or used passenger automobiles, trailers, motorcycles, recreational vehicles, or light trucks in operating condition are displayed for sale, lease, or rental.
[Added 7-9-2019 by Ord. No. 19-25]
AUTOMOBILE TOWING AND IMPOUNDMENT
An establishment operated for the purpose of temporary storage on-site of no more than nine wrecked or inoperable vehicles for a period no longer than 90 days. If an establishment has 10 or more inoperable vehicles located on-site, stores inoperable vehicles for more than 90 days, stacks vehicles, or portions of the vehicles are dismantled or removed for sale, it shall be considered a salvage and junkyard.
BAKERY
A retail establishment engaged in the retail sale of baked goods for off-site consumption. Sales of other foods not produced on-site may take place as an accessory use.
BANK
See "financial institution."
BARREL
The volume of 31 gallons, used to measure the production of beer.
[Added 1-10-2017 by Ord. No. 16-29]
BASEMENT
A portion of a building partly underground but having less than one-half its clear height below the grade plane.
BASE STATION
A station that includes a structure that currently supports or houses an antenna, transreceiver, coaxial cables, power cables, or other associated equipment at a specific site that is authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics.
[Added 10-24-2017 by Ord. No. 17-27]
BED-AND-BREAKFAST INN
A single-family dwelling containing sleeping and breakfast accommodations for transient persons, on a daily, weekly, or similar short basis of 30 days or less.
[Amended 8-22-2017 by Ord. No. 17-19]
BEER
The same meaning as prescribed in Code of Virginia, Title 4.1, Alcohol Beverage Control Act, § 4.1-100, Definitions.
[Added 1-10-2017 by Ord. No. 16-29]
BERM
An elongated earthen mound typically designed or constructed on a site to separate, screen, or buffer adjacent uses.
BEST MANAGEMENT PRACTICE (BMP)
A practice or combination of practices determined by a state, regional or City agency to be the most effective and practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with the water quality goals of this chapter.
BLOCK
That land within at least three boundaries formed by the center line of an abutting street, or by an abutting railroad right-of-way, trail right-of-way, utility easement greater than 30 feet in width, formal open space, Resource Protection Area, or, as provided in § 72-51.2B, an abutting parking aisle.
[Amended 1-22-2019 by Ord. No. 19-02]
BLOCK FACE
The lands abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, railroad right-of-way, trail right-of-way, utility easement greater than 30 feet in width, formal open space, or Resource Protection Area.
[Amended 1-22-2019 by Ord. No. 19-02]
BOTANICAL GARDEN
A garden having documented collections of living plants for the purposes of scientific research, conservation, display, or education.
BUFFER
An area of natural or planted vegetation adjoining or surrounding a use and unoccupied in its entirety by any building, structure, paving or portion of such use, for the purposes of screening and softening the effects of the use, no part of which buffer is used for recreation or parking.
BUFFER AREA
For the purposes of § 72-34.5, Chesapeake Bay Preservation Overlay District, an area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation due to land disturbances.
BUFFER, PERIMETER LANDSCAPE
Vegetative material and structures (i.e., walls, fences) that are used to separate uses from each other as required by this chapter, including but not limited to the Type A basic, Type B aesthetic, Type C semiopaque, and Type D opaque described in § 72-55.4, Perimeter landscape buffers.
BUILDING
A combination of materials, whether portable or fixed, having a roof to form a structure for the use or occupancy by persons or property.
BUILDING CODE
The Virginia Uniform Statewide Building Code, as amended; may also be referred to as "USBC" or "VUSBC."
BUILDING FRONT
That one face or wall of a building architecturally designed as the front of the building, which normally contains the main entrance for use by the general public.
BUILDING, PRINCIPAL
A building used for and in connection with the primary use of the lot on which the building is situated.
BY-RIGHT USE
A use type allowed in a particular zoning district without a requirement for obtaining a special use permit.
BZA
The Board of Zoning Appeals.
CALIPER
A horticultural method of measuring the diameter of a tree trunk for the purpose of determining size. The caliper of the trunk is measured six inches above the ground for trees up to and including four inches in diameter, 12 inches above the ground for trees greater than four inches and up to 10 inches in diameter, and at breast height (4 1/2 feet) for trees 10 inches or greater in diameter.
CANOPY TREE
A tree that has an expected height at maturity of 30 feet or more.
CARPORT
Any space outside a building and contiguous thereto, wholly or partly covered by a roof, and used for the shelter of parked motor vehicles. A carport is to have no enclosure, other than the side of the building to which the carport is contiguous.
CAR WASH
An establishment providing the exterior washing of vehicles where vehicles are manually driven or pulled by a conveyor through a system of rollers and/or brushes. Interior cleaning and/or drying may be conducted manually by vehicle operator or on-site attendants. Automatic car wash establishments are further defined under the two following categories:
A. 
An establishment featuring a conveyor system to move vehicles through the wash cycle. This type of car wash may include sales of gasoline, oil and other vehicle related merchandise. On-site attendants are required. Building size is limited by lot size, parking requirements, building and landscape setbacks or other site characteristics.
B. 
An establishment featuring a car wash system where vehicles are manually driven through a wash cycle, or washed manually using a wand or other hose. Incidental interior cleaning and exterior drying are performed by vehicle operator. This type of car wash does not have an on-site attendant and there is no gasoline, oil or other merchandise for sale.
CASUALTY DAMAGE
Damage to a use, lot, or structure from an event that is sudden, unexpected, and unusual, such as a storm, fire, theft, accident, or similar event that causes loss of or damage to property or improvements.
CEMETERY, COLUMBARIUM, MAUSOLEUM
Any land, or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.
CENTER LINE
A line lying midway between the side lines of a street or alley right-of-way as measured in the horizontal plane.
CHESAPEAKE BAY PRESERVATION AREA (CBPA)
Any land designated by City Council pursuant to § 72-34.5, Chesapeake Bay Preservation Overlay District, consisting of a resource protection area and/or a resource management area.
CHILD DAY-CARE CENTER
Includes the following facilities, as defined in Code of Virginia § 63.2-100: "child day center," "child day program," and a "family day home" serving six or more children, where such facilities offer care and services for 18 or fewer hours per day.
A. 
A child day program offered to:
(1) 
Two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care; or
(2) 
Thirteen or more children at any location.
B. 
A regularly operating service arrangement for children where, during the absence of a parent or guardian, a person or organization has agreed to assume responsibility for the supervision, protection, and well-being of a child under the age of 13 for less than a twenty-four-hour period.
C. 
A child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation.
CITY CODE
The Fredericksburg City Code.
CLUB or LODGE
A building and related facilities owned and operated by a corporation, association, or group of individuals established for fraternal, social, educational, recreational, or cultural enrichment of its members and primarily not for profit, and whose members meet certain prescribed qualifications for membership and pay dues.
CLUSTER SUBDIVISION
A subdivision in which the lot sizes are reduced below those normally required in the base zoning district where located, in return for the provision of permanent open space at an accelerated rate.
[Amended 2-11-2014 by Ord. No. 14-07]
CODE OF VIRGINIA
The Code of Virginia, as defined in Title 1, Chapter 1, § 1-1, Code of Virginia, effective as set forth within §§ 1-2 and 1-2.1, as such Code has been amended, and may hereafter be amended, from time to time.
COLLEGE or UNIVERSITY
A public or private, nonprofit institution for post-secondary education offering courses in general or technical education which operates within buildings or premises on land owned or leased by the institution for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities and sororities, and other facilities which further the educational mission of the institution. In no event shall this definition prohibit a college or university from engaging in an activity historically conducted by such institutions.
COMMERCIAL LAUNDRY
A facility used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in water or volatile solvents.
COMMUNITY CENTER
A building used for recreational, social, educational and cultural activities.
COMMUNITY GARDEN/GARDENING, COMMERCIAL
An individual or group of individuals growing and harvesting food crops and/or non-food, ornamental crops, such as flowers, for commercial sale. Commercial community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.
COMMUNITY GARDEN/GARDENING NONCOMMERCIAL
A group of individuals growing and harvesting food crops and/or non-food, ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Non-commercial community gardens/gardening refers to crops for use/consumption by growers only.
COMPREHENSIVE PLAN
The official document or elements thereof adopted by the City Council and intended to guide the physical development of the City or a portion thereof. Such plan, including maps, plats, charts, policy statements and descriptive material, shall be that adopted in accordance with § 15.2-2226 of the Code of Virginia.
CONDOMINIUM
Real property, and any incidents thereto or interests therein, lawfully submitted in accordance with Title 55, Virginia Code, Chapter 4.2, Condominium Act, by the recordation of condominium instruments pursuant to the provisions of this chapter. No project shall be deemed a condominium within the meaning of this chapter unless the undivided interests in the common elements are vested in the unit owners.
CONSTRUCTION FOOTPRINT
For the purposes of § 72-34.5, Chesapeake Bay Preservation Overlay District, the area of all impervious surface, including, but not limited to, buildings, roads and drives, parking areas, sidewalks, and areas necessary for construction of such improvements.
CONSTRUCTION PLAN
Fully engineered construction drawings that address all development issues and construction details and from which a determination can be made on the adequacy of lot layout, design elements, and proposed facilities.
CONTINUING CARE RETIREMENT COMMUNITY
A single establishment that provides three different formats of living accommodations for its patrons: independent living, assisted living and nursing care in a single setting or development.
CONTRACTOR OFFICE
Offices for building, heating, plumbing, or electrical contractors, and related storage facilities.
CONTRIBUTING RESOURCE
A building or structure within a historic district that date from the historic period of significance established for the district. They contribute to the significance and character of the district through their historical associations and/or architectural values.
CONVENIENCE STORE (WITH OR WITHOUT GASOLINE SALES)
A retail establishment which offers for sale, primarily, the following types of articles: bread, milk, cheese, canned and bottled foods and drinks, tobacco products, beer, wine, candy, papers and magazines, and general hardware articles. Gasoline and/or fast food may also be offered for sale but only as a secondary activity of a convenience store. If vehicular maintenance and service are provided, the establishment is not classified as a convenience store.
CONVENT (OR MONASTERY)
Dwelling units associated with a religious order or congregation.
CONVENTION CENTER
A facility designed to accommodate 500 or more persons and used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption. Similar structures with a capacity of less than 500 people are auditorium or conference center uses.
COURTHOUSE
A civic building, open to the public, where government offices and courts of law are located and official civic business is conducted.
COURTYARD
When used to describe an element of formal open space, an open, uncovered area, landscaped and featuring sidewalks, benches, lighting and/or other pedestrian furniture, which is enclosed on three sides by a building or multiple buildings.
[Added 1-22-2019 by Ord. No. 19-01]
CREMATORIUM
A facility containing furnaces for the reduction of dead bodies to ashes by fire.
CROSS-ACCESS
Vehicular access provided between the vehicular use areas of two or more development sites or parcels of land intended to allow travel between the sites without the use of a public or private street.
CULTURAL FACILITY
Establishments such as zoological gardens, conservatories, planetariums, or other similar uses of an historic, educational, or cultural interest, which are not operated for profit.
CUPOLA
A domelike structure on top of a roof or dome, often used as a lookout or to admit light and air.
CURBLINE
The face of a curb along private streets, travelways, service drives and parking bays and lots.
DATA CENTER
A use where digital information is processed, transferred, and/or stored, occupying 10,000 square feet or more, where the majority of space is occupied by computers, servers, telecommunications and related equipment (including supporting equipment).
[Added 10-23-2018 by Ord. No. 18-16]
DEMOLITION
The substantial deterioration or the complete or substantial removal or destruction of any structure or external element of any structure.
DEVELOPER
The legal or beneficial owner of all of the land proposed to be included in a given development, or the authorized agent thereof. In addition, the holder of an option or contract to purchase, a lessee having a remaining term of not less than 30 years, or other persons having an enforceable proprietary interest in such land shall be deemed to be a developer.
DEVELOPMENT
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 three or more residential dwelling units. The term shall include activity that constitutes redevelopment of a previously-developed site. Where appropriate to the context, the term may also be used to refer to land disturbing activity or construction of improvements on property.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree measured outside the bark at a point 4.5 feet above the ground.
DISTRICT, BASE
An area delineated on the Official Zoning Map which sets forth standards and guidelines for all development within the prescribed district.
DISTRICT, OVERLAY
A zoning district that encompasses one or more underlying zoning district and that imposes additional requirements above that required by the underlying zoning district.
DOCK or PIER
A structure built over or floating upon the water used as a landing place for boats or other marine transport, fishing, swimming, and other recreational uses. Docks may include boat houses, seating areas, gazebos, boat lifts, and storage facilities.
DORMITORY
A building used principally to provide rooms for sleeping accommodations at an educational, public, or religious institution. Common kitchen, sanitary, and social gathering rooms may also be provided.
DRIP LINE
A vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy.
DRIVE-THROUGH
A facility designed to enable a person to transact business while remaining in a motor vehicle.
DRIVEWAY
The element of a vehicular use area that provides for motor vehicle travel or circulation through the vehicular use area. The driveway does not provide direct access to parking spaces, which are accessed via the parking aisle.
[Amended 1-22-2019 by Ord. No. 19-02]
DRIVEWAY, PIPESTEM
A driveway or improved means of access to a lot or several lots which do not abut a street other than by the pipestem driveway that is a part of the lot.
DRUG STORE or PHARMACY
A freestanding establishment that is engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.
DUSTLESS SURFACE
A surface adequately covered, in accordance with good construction standards, with a minimum of either two applications of bituminous surface treatment, concrete, bituminous concrete, or equivalent paving material approved by the City Engineer, and maintained in good condition at all times.
DWELLING
A building or portion thereof, but not a mobile home, designed or used for residential occupancy. The term shall not be construed to mean a motel, rooming house, hospital, or other accommodation used for transient occupancy.
DWELLING, DUPLEX
A single-family dwelling unit attached to one other single-family dwelling unit by a common vertical wall. Each dwelling unit may be located on its own lot, or both may be located on a single lot.
DWELLING, LIVE/WORK
A structure or portion of a structure combining a residential living space for one or more persons with an integrated work space principally used by one or more of the residents.
DWELLING, MANUFACTURED HOME
A structure subject to federal regulation, transportable in one or more sections, 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 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.
A. 
A single-family residential unit:
(1) 
Designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower, and bath and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems;
(2) 
Designed to be transported after fabrication on its own wheels or on a flatbed or other trailer or with detachable wheels;
(3) 
Arriving at the site where it is to be occupied as a complete dwelling, conventionally designed to include major appliances, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, and the like; and
(4) 
Designed for removal to and installation or erection on other sites.
B. 
A mobile home dwelling may include one or more units, separately towable, which, when joined together, have the characteristics described in this definition. The term shall not include a single-family detached dwelling.
DWELLING, MODULAR UNIT
A factory-fabricated, transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure whose completion will be in a fixed location on a permanent foundation. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated subelements incorporated into a structure at the site. The term shall not include a single-family dwelling or a mobile home dwelling.
DWELLING, MULTIFAMILY
A residential building containing three or more separate dwelling units located on a single lot. A multiple-family dwelling, commonly known as an apartment house, generally has a common outside entrance for all the dwelling units and the units are generally designed to occupy a single floor, one above another. The term shall not include a single-family attached dwelling.
DWELLING, SINGLE-FAMILY ATTACHED
A group of two or more single-family dwelling units which are generally joined to one another by a common party wall, a common floor or ceiling, or permanent connecting structures such as breezeways, carports, garages or screening fences, or wells, whether or not such units are located on a single parcel of ground or on adjacent individual lots. Each unit shall have its own outside entrance. Architectural facades or treatment of materials may be varied from one group of units to another. No more than two abutting units in a row shall have the same front and rear setbacks, with a minimum setback offset being 2 1/2 feet. The term includes structures such as semidetached garden court dwellings, patio houses, zero-lot-line dwellings, and townhouses.
[Amended 10-14-2014 by Ord. No. 14-35]
A. 
A residential building containing only one dwelling unit and not occupied by more than one family.
B. 
A residential facility in which no more than eight individuals with mental illness, mental retardation, or development disabilities reside, with one or more resident or nonresident staff persons. For the purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection, "residential facility" means any group home or other residential facility for which the Department of Behavioral Health and Developmental Services is the licensing authority pursuant to the Code of Virginia.
C. 
Zoning ordinances for all purposes shall consider a residential facility in which no more than eight aged, infirm or disabled persons reside, with one or more resident counselors or other staff persons, as residential occupancy by a single family. No conditions more restrictive than those imposed by residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. For purposes of this subsection, "residential facility" means any assisted living facility or residential facility in which aged, infirm or disabled persons reside with one or more resident counselors or other staff persons and for which the Department of Social Services is the licensing authority pursuant to the Code of Virginia.
DWELLING, UPPER-STORY
A dwelling unit located on the second floor or higher of a building with nonresidential uses located on the first floor.
EASEMENT
A grant by a property owner of the use of his land to another party for a specific purpose.
EATING ESTABLISHMENT (INDOOR AND OUTDOOR SEATING)
Any restaurant, coffee shop, cafeteria, short order cafe, lunchroom, luncheonette, hotel dining room, dinner theater, tavern, soda fountain, eating place or other establishment maintained and operated where there is furnished, for compensation, food or drink of any kind for consumption primarily therein. The term shall not include a fast food restaurant or a snack bar or refreshment stand at a public or nonprofit recreational facility, operated solely by the agency or group operating the recreational facility for the convenience of patrons of the facility. Entertainment provided for the enjoyment of patrons shall be considered accessory to an eating establishment. Dancing by patrons shall be considered entertainment accessory to an eating establishment, provided the floor space made available for such dancing is not more than one-eighth of the floor area available for dining.
EATING ESTABLISHMENT, FAST-FOOD
Any establishment that provides as a principal use wrapped or packaged food and drink, which is ready for consumption in cars, at seating within the premises, or off the premises.
EATING ESTABLISHMENT, SPECIALTY
Establishments selling specialty food items that normally do not constitute a full meal, including but not limited to: ice cream parlors, dessert cafes, snack shops, juice and coffee houses.
EQUIPMENT RENTAL AND SALES
One or more buildings and premises for the sale, rental, and servicing of machinery, tools, or equipment for construction, maintenance, yard work, or similar purpose, vehicles with a carrying capacity of more than three-quarters of a ton, or vehicles designed for more than 11 passengers.
EXISTING STRUCTURE
In the context of a small cell facility, any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to a locality of an agreement with the owner of the structure to co-locate equipment on that structure. Existing structure includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers.
[Added 10-24-2017 by Ord. No. 17-27]
EXPANSION
An increase in the size of an existing structure or use, including physical size of the property, building, parking, and other improvements or structures.
EXTERIOR ALTERATION
Modifications to the exterior surface or materials of a building.
FACADE
The entire exterior wall of a building facing a lot line measured from the grade to the eave or highest point of a flat or mansard roof. Facades may be on the front, side, or rear elevation of the building.
FAIRGROUNDS
A place where the City's agricultural fair is held, as well as utilized as a meeting hall for social, fraternal, civic, public, and similar organizations; utilized as an event venue for spectator and non-spectator field events and activities such as equestrian events and field sports, concerts, tractor pulls, rodeos, scholastic athletic contests, festivals, arts and crafts shows, and related fundraising for charitable or non-profit activities, family reunions, wedding receptions and similar receptions, picnics, educational seminars, and community-related arts, cultural agricultural, and economic activities; and utilized as a farmer's market.
FAMILY
One person or two or more persons related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, with no more than two boarders; or a group of not more than three unrelated persons living together as a single housekeeping unit.
FAMILY DAY HOME
A child day program, as defined in Code of Virginia § 63.2-100, offered in the residence of the provider or the home of any of the children in care, for one through five children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation.
FAMILY HEALTH CARE STRUCTURE
Shall have the meaning set forth within Code of Virginia § 15.2-2291.1.
FCC
The Federal Communications Commission.
FENCE
A structure used to delineate a boundary or act as a barrier or means of protection, confinement, or screening.
FINANCIAL INSTITUTION
Any building wherein the primary occupation involves such state-regulated businesses as banks, savings and loans, loan companies and investment or securities companies. Any financial institution having a drive-in window shall be deemed a drive-in bank.
FIRE/EMS STATION
See "police, fire, or EMS facility."
FIRE CODE
The Virginia Statewide Fire Prevention Code.
FIREWALL
A wall having adequate fire resistance and structural stability under fire conditions, as defined by the applicable Fire and Building Codes, to accomplish the purpose of completely subdividing a building or of completely separating adjacent buildings to resist the spread of fire.
FITNESS CENTER
An establishment offering or providing facilities for, and instruction in, general health, physical fitness and controlled exercises such as weight lifting, calisthenics, and aerobics. This use category shall not include dancehalls, teen centers or similar commercial recreation/entertainment establishments and operations. Retail sales of hand-held fitness equipment, clothing, or health foods may occur as an accessory use.
FLEA MARKET
A market held in an open area or structure where individual sellers offer goods for sale to the public. Such sellers may set up temporary stalls or tables for the sale of their products. Such sales may involve new and/or used items and may include the sale of fruits, vegetables, and other edible items. A farmer's market, where food items predominate, is different than a flea market. This also differs from a garage sale or yard sale that is conducted on a residentially developed lot by members of a household, or civic groups selling primarily donated items.
FLOOD
A volume of water that is too great to be confined within the banks or walls of a stream, water body, or conveyance system and that overflows on to adjacent lands.
FLOOD, BASE (ONE-HUNDRED-YEAR FLOOD)
A flood that, on the average, is likely to occur once every 100 years (i.e., has a one-percent chance of occurring each year, although the flood may occur in any year).
A. 
The area adjacent to a channel, river, stream or watercourse that is susceptible to being inundated by water; or
B. 
An area subject to unusual and rapid accumulation of surface water from any source.
FOOTCANDLE
The amount of light that falls onto a surface as emitted by an exterior lighting device.
FORMAL OPEN SPACE
An outdoor area comprised of a courtyard, plaza, playground, or square, or a combination of these open space types.
[Added 1-22-2019 by Ord. No. 19-01]
FOUNDATION PLANTINGS
Required vegetative material consisting of shrubs that are placed on a development site around building facade walls to soften built edges and provide transitions. (See § 72-55.3, Foundation plantings).
FRATERNITY or SORORITY
A building used as group living quarters for students of a college, university, or seminary, who are members of a fraternity or sorority that has been officially recognized by the college, university, or seminary. Such use may or may not be located within the campus it is associated with. The fraternity or sorority house may include sleeping areas, cooking facilities, and areas for meeting and socializing.
FREDERICKSBURG HISTORIC ATTRACTION
Any lands or structures located within the authorized boundaries of the Fredericksburg-Spotsylvania National Military Park or any historic attraction or site located within the City that is open to the public.
FREIGHT TERMINAL
A use where buses, trucks, and cargo are stored, where loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles is performed.[1]
FRONTAGE
For the application of form-based regulations, the public frontage is the area between the motor vehicle travel lane of the adjacent street and the building facade or building (setback) line. The design and construction of the frontage is critical to the establishment of the streetscape, an important element of form-based planning. Frontages may be divided into a public component and a private component.
[Added 1-22-2019 by Ord. No. 19-01]
FRONTAGE, PRIVATE COMPONENT
The private component of any frontage is the area between the lot line of the development and the building facade or building (setback) line.
[Added 1-22-2019 by Ord. No. 19-01]
FRONTAGE, PUBLIC COMPONENT
The public component of any frontage is the area between the motor vehicle lane of the adjacent street and the lot line of the development.
[Added 1-22-2019 by Ord. No. 19-01]
FRONT LOT LINE
The street line(s) that form(s) the boundary of a lot; or, where a lot does not abut a street other than by its driveway, or is a through lot, the lot line which faces the building front.
[Added 1-10-2017 by Ord. No. 16-28]
FRONT (OR PRIMARY) FACADE
The side or elevation of a structure that contains the structure's architectural front, or the portion of the structure facing the street from which the structure derives its street address.
FUNERAL HOME
A building used for the preparation of the deceased for funeral and the ceremonies connected therewith before burial or cremation.
GARAGE
An accessory building or part of a principal building used primarily for the storage of licensed and operable motor vehicles and having no provision for repairing or servicing such vehicles for profit.
GARAGE OR YARD SALE
A sale conducted by an occupant of a residence alone or in cooperation with neighbors conducted for the purpose of selling surplus household items for profit or for charitable purposes. Such sales are usually conducted from a garage associated with the residence or from the yard of the residence. Garage or yard sales may be distinguished from flea markets by the number of days of sale.
GASOLINE SALES
Buildings and premises where gasoline, oils and greases, batteries, tires and automobile accessories may be supplied and dispensed at retail (or in connection with a private operation where the general public is excluded from use of facilities). Uses permissible at a gas sales establishment do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations.
GENERAL INDUSTRIAL/SERVICE REPAIR
Establishments engaged in the repair or servicing of industrial, business, or consumer machinery, equipment, products, or by-products. Firms that provide these services do so by mainly providing centralized services for separate retail outlets. Contractors and building maintenance services and similar uses perform services off-site. Few customers, especially the general public, come to the site. Accessory activities may include retail sales, offices, parking, and storage.
GENERAL DEVELOPMENT PLAN
A required submission at the time of filing for an amendment to the Zoning Map, a special exception, or a special use request prepared and approved in accordance with the provisions of this chapter, and which generally characterizes the proposed development of the subject property.
GLARE
The reflection or harsh, bright light and the physical effect resulting from high luminances or insufficiently shielded light sources to cause annoyance, discomfort, or loss in visual performance and visibility.
GOLF COURSE
A tract of land laid out with at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards. A golf course, public or private, may include a clubhouse (with or without eating facilities), shelters, a driving range, putting green, maintenance facilities, an irrigation system, and outdoor storage of materials and equipment.
GOVERNMENT FACILITY
A facility housing government shops, maintenance and repair centers, equipment, and outdoor storage yards.
GOVERNMENT OFFICE
An office of a governmental agency that provides administrative and/or direct services to the public, such as, but not limited to, employment offices, public assistance offices, or motor vehicle licensing and registration services.
GROCERY STORE
An establishment engaged in retail and/or wholesale sale of food, foodstuffs, sundries, or other common household items to members of the public.
A. 
A residential facility in which no more than eight individuals:
(1) 
With mental illness, intellectual disability, or developmental disabilities reside, with one or more resident counselors or other staff persons (licensed by the Department of Behavioral Health and Developmental Services); or
(2) 
That are aged, infirm or disabled persons reside with one or more resident counselors or other staff persons (licensed by the Department of Social Services).
B. 
Such a facility shall be considered residential occupancy by a single-family. For the purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia § 54.1-3401.
HELIPORT
An area, either on ground level or elevated on a structure, licensed or approved for repetitive helicopter landings and takeoffs on the same parcel of land. The term heliport includes accessory uses and structures such as parking, waiting room, fueling, and maintenance equipment.
HFD
The Historic Fredericksburg District.
HISTORIC BUILDING
For the purposes of this UDO, any structure or building that is:
A. 
Listed individually on the National Register of Historic Places (a listing maintained by the United States Department of the Interior) or determined eligible for listing by the State Historic Preservation Officer (SHPO) as meeting the requirements for individual listing on the National Register;
B. 
Determined by the Secretary of the Interior as contributing to the historical significance of a National Register historic district or to a district determined eligible by the SHPO to qualify as a registered historic district;
C. 
Individually listed on the Virginia Landmarks Register; or
D. 
Individually listed on a local inventory of historic places.
HISTORIC DEPENDENCY LIMITED OFFICE/RETAIL
An accessory office or retail use taking place in a detached structure constructed to serve a historic property.
HISTORIC DEPENDENCY LODGING
An accessory dwelling unit intended for overnight lodging and taking place in a detached structure constructed to serve a historic property.
HISTORIC STRUCTURE
For the purposes of this UDO, an historic structure is used to distinguish from buildings those functional constructions made for purposes other than shelter.
HOMELESS SHELTER
A building or facility that provides temporary housing services for homeless persons and may include the following: Emergency food and shelter, housing assistance, employment counseling, budgeting education, parenting skills, life skills, substance abuse counseling and assistance, case management, children's services, transportation assistance, basic medical care, immunization services for school children, after-care informational, and referral and counseling programs.
HOMEOWNERS' ASSOCIATION (HOA)
An organization of homeowners or property owners of lots or land in a particular subdivision, condominium, or planned development. The homeowners' association is responsible for maintaining and enhancing the shared public and private infrastructure (e.g., streets and sidewalks) and common space like recreation features.
HOME OCCUPATION
A business, profession, occupation, or trade which is conducted within a residential dwelling unit for the economic gain or support of a resident of the dwelling, and is incidental and secondary to the residential use of the lot and which does not adversely and/or perceptively affect the character of the lot or surrounding area. Home occupation includes but is not limited to: offices; electronic and offsite retail; personal services such as physical therapy by licensed individuals, beauty parlors, pet grooming, and the like.
HOMESTAY
An accessory use of a dwelling as a short-term residential rental, by an operator who resides in the unit.
[Added 8-22-2017 by Ord. No. 17-19]
HOSPITAL
Any institution receiving inpatients and rendering medical, surgical or obstetrical care, including general hospitals and specialized institutions in which care is oriented to cardiac, eye, ear, nose, throat, psychiatric, orthopedic, skin, cancer or obstetric cases.
HOTEL AND MOTEL
A building or portion thereof or a group of buildings designed for overnight accommodations in six or more individual guestrooms with separate entrances with provisions for sleeping accommodations, that provide limited or full services, and that are offered to the public as a place for transient occupancy for pay for each room on a daily, weekly, or similar short-term basis of 30 days or less, whether such establishment is designated as hotel, motel, inn, or conference center.
HOTEL, EXTENDED STAY
A building or portion thereof or a group of buildings designed for overnight accommodations in six or more individual guestrooms with separate entrances with provisions for living, sleeping, and eating accommodations, that provide limited or full services, and that are offered to the public as a place for long-term transient occupancy for pay for each room for a minimum stay of 30 days and a maximum stay of 90 days.
HOUSING FOR OLDER PERSONS
Housing:
[Amended 2-11-2014 by Ord. No. 14-12]
A. 
Provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or
B. 
Intended for, and solely occupied by, persons 62 years of age or older; or
C. 
Intended for, and solely occupied by, at least one person 55 years of age or older per unit.
IMPERVIOUS COVER
A surface composed of any material that significantly impedes or prevents the natural infiltration of water into the soil. Impervious surfaces include, but are not limited to, roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted surface.
INCINERATOR
A facility that burns refuse at high temperatures to reduce the volume of waste.
INFILL
For the purposes of the Chesapeake Bay Preservation Overlay District, vacant land in previously developed areas.
INFILL LOT
A vacant or underused property in an established neighborhood or business district that can be built upon or redeveloped.
INSTITUTIONAL HOUSING
A nonprofit or for-profit group home for the sheltered care of persons with special needs, which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services, job training, and transportation. The institutional housing facility serves as a substitute for the residents' own homes, furnishing facilities and comforts normally found in a home but providing, in addition, such service, equipment, and safety features as are required for safe and adequate care of residents.
INTENSELY DEVELOPED AREA (IDA)
Any land designated by City Council where development is concentrated and little of the natural environment remains. IDAs shall include lands where:
A. 
Development has severely altered the natural state of the area such that it has more than 50% impervious surface;
B. 
Public water and sewer is constructed and available to serve the area; or
C. 
Housing density is equal to or greater than four dwelling units per acre.
JUNKYARD
The use of any area for the storage, keeping, or abandonment of junk, including scrap metals or other scrap materials, or for the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.
JUNK VEHICLE
Any motor vehicle, trailer, or semitrailer which is either inoperable or unlicensable and which by virtue of its condition may not be feasibly restored. In addition, any vehicle may be presumed to be a junk vehicle when state inspection stickers are not displayed or have been expired for more than 90 days.
LAND
The earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.
LAND DISTURBING ACTIVITY
Any movement of earth or substrate, manually or mechanically, including but not limited to any modification of existing grade by dredging, demolition, excavation or fill, grading, scraping, vegetation removal, landscaping, coring, well drilling, pile driving, undergrounding utility lines, trenching, bulldozing, sheeting, shoring and excavation for laying or removing foundations, pilings or other purposes.
LANDSCAPING
The improvement of a property with grass, shrubs, trees or other vegetation. It shall include pedestrian walks, flowerbeds, and ornamental objects such as fountains, statues and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.
LAUNDROMAT
A facility where patrons wash, dry, or dry-clean clothing or other fabrics in machines operated by the patron.
LIBRARY
A public facility for the use, but not sale, of literary, historical, scientific, musical, artistic, or other reference materials.
LIGHT INDUSTRY
Industrial uses that are less labor intensive and involve less machinery than heavy industry. Typical light industry uses are nonpolluting, with moderate energy demands engaged in assembling products, sewing, baking, cleaning, crafts, or similar uses.
LIGHT WAREHOUSE
A structure used primarily for the storage of goods and materials by the owner of the goods or operated for a specific commercial establishment or group of establishments in a particular field.
LOADING SPACE
Off-street space, designed in accordance with the provisions of § 72-53.1, Off-street parking and loading, for the loading and unloading of goods.
LOCAL BREWERY
Annual production, packaging, and distribution of 10,001 to 30,000 barrels of beer, with on-premises retail sales or consumption of at least 25% of the beer produced. The facility includes one or more of the following accessory uses: eating establishment, entertainment venue, gift shop, special event facility, tap room, tasting room, tours, or similar accessory use.
[Added 1-10-2017 by Ord. No. 16-29]
LOCAL DISTILLERY
Annual production, packaging, and distribution of zero to 5,000 gallons of distilled spirits, with on-premises retail sales and consumption of at least 25% of the spirits produced. The facility includes one or more of the following accessory uses: eating establishment, entertainment venue, gift shop, special event facility, tap room, tasting room, tours, or similar accessory use.
[Added 1-10-2017 by Ord. No. 16-29]
LOCAL WINERY
Annual production, packaging and distribution of zero to 5,000 gallons of wine, with on-premises retail sales and consumption of at least 25% of the wine produced. The facility includes one or more of the following accessory uses: eating establishment, entertainment venue, gift shop, special event facility, tap room, tasting room, tours, or similar accessory use.
[Added 1-10-2017 by Ord. No. 16-29]
LOT
A parcel of land, occupied or intended for occupancy:
A. 
Appearing on a subdivision plat approved pursuant to a City subdivision ordinance and recorded among the land records of the Circuit Court for the City of Fredericksburg; or
B. 
For parcels of land lawfully created prior to the enactment of subdivision regulations within the City, described by a survey plat, metes and bounds, or other legal description set forth an instrument recorded among the land records of the Circuit Court for the City of Fredericksburg.
LOT LINE
The legal boundary of a lot, as shown on a recorded subdivision plat, or, for a parcel of land lawfully created prior to the enactment of subdivision regulations within the City, the legal boundary described by a survey plat, metes and bounds, or other legal description set forth an instrument recorded among the land records of the Circuit Court for the City of Fredericksburg.
LOT SIZE REQUIREMENTS
Restrictions and specifications governing the dimensions of a lot, including, without limitation area, measured in acres or square feet, length, and width.
LUMBER/BUILDING MATERIALS
A retail or wholesale establishment engaged in the sale of lumber, building materials, and similar goods associated with construction or home improvement. Tool and equipment rental may also take place as an accessory use.
MAJOR RECREATIONAL EQUIPMENT
Vehicles and equipment intended primarily for recreational purposes, including, but not limited to: boats, campers, recreational vehicles, motor homes, and travel trailers.
MANUFACTURING, HEAVY
Manufacturing uses include, but are not limited to, asphalt/concrete mixing and batching; manufacture or assembly of machinery, equipment, instruments, vehicles, appliances, communications equipment, computer or electronic equipment, precision items and other electrical items; the processing of food and related products; breweries producing more than 250,000 barrels annually, wineries or distilleries producing more than 36,000 gallons; lumber mills, pulp and paper mills, and the manufacture of other wood products; and electric power generation plants. Specifically prohibited are rendering, petroleum/asphalt refining, concrete manufacturing plants, and manufacture of chemicals, fertilizers, paint, and turpentine.
[Amended 1-10-2017 by Ord. No. 16-29]
MANUFACTURING, LIGHT
The mechanical transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building, do not include processing of hazardous gases and chemicals, and do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor, or vibration. Examples include, but are not limited to, production or repair of small machines or electronic parts and equipment; woodworking and cabinet building; publishing and lithography; computer design and development; research, development, testing facilities and laboratories; apparel production; sign making; assembly of prefabricated parts; manufacture of electric, electronic, or optical instruments or devices; manufacture and assembly of artificial limbs, dentures, hearing aids, and surgical instruments; manufacture, processing, and packing of food products, including a production brewery producing up to 30,000 barrels of beer annually; cosmetics; and manufacturing of components, jewelry, clothing, trimming decorations, and any similar item.
[Amended 1-10-2017 by Ord. No. 16-29]
MARINA
Any publicly or privately owned dock, basin or wet boat storage facility constructed to accommodate boats and providing any of the following services: permanent or transient docking spaces, dry storage, fueling facilities, haul out facilities and repair service. Excluded from this definition are boat ramp facilities allowing access only.
MARQUEE
A permanent roof-like structure projecting over an entrance.
MAXIMUM EXTENT PRACTICABLE
No feasible or practical alternative exists, as determined by the City, and all possible efforts to comply with the standards or regulation to minimize potential harmful or adverse impacts have been undertaken by an applicant. Economic considerations may be taken into account but shall not be the overriding factor determining maximum extent practicable.
MEDICAL TREATMENT FACILITY
A small-scale facility which may or may not be located in a converted dwelling or residence where patients are admitted for examination and treatment by one or more physicians, dentists or psychologists. Patients may or may not receive care or lodging overnight. Such facilities may include sleeping rooms for care workers and members of patient's families.
MEDICAL LABORATORY
Facilities and offices for performing diagnostic or therapeutic medical procedures of a nonsurgical nature.
MICROBREWERY
Annual production of zero to 10,000 barrels of beer, primarily for on-premises retail sales or consumption. The facility includes one or more of the following accessory uses: eating establishment, entertainment venue, gift shop, special event facility, tap room, tasting room, tours, or similar accessory use.
[Amended 1-10-2017 by Ord. No. 16-29]
MICRO-WIRELESS FACILITY
A small cell facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11 inches.
[Added 10-24-2017 by Ord. No. 17-27]
MIXED-USE DEVELOPMENT
A tract of land or structure developed for two or more different uses, such as, but not limited to, residential, office, retail, institutional, public, or entertainment. Such uses are functionally integrated and share vehicular use areas, ingress/egress, and pedestrian access.
MONOPOLE
A type of telecommunications tower utilizing a single, self-supporting pole-type structure, tapering from base to top and supporting a fixture designed to hold one or more antennas or satellite dish antennas.
MONUMENT SIGN
A monument sign is a ground-mounted freestanding sign on a solid base (other than poles) with no open space between the base and the sign face.
MORE-RESTRICTED USE
For the purposes of Article 72-6, Nonconformities, any use that has less impact upon adjacent property, using determining factors including, but not limited to, intensity of use, parking and loading capacity and days and hours of operation.
MOTEL
See "hotel and motel."[2]
MUSEUM
A building serving as a repository for a collection of natural, scientific, historical, or literary curiosities or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the limited retail sale of goods, services, or products such as prepared food to the public.
NEW CONSTRUCTION
For the purposes of the Floodplain Overlay District, structures for which the start of construction commenced on or after June 12, 1979, including improvements made to such structures subsequent to that date. For the purpose of the Historic Fredericksburg District Overlay, structures or buildings to be constructed independent of any existing buildings or structures.
NONCONTRIBUTING RESOURCE
Noncontributing uses of land within a historic district that, due to date of construction, alterations, or other factors, do not contribute to the district's historic significance or character.
NON-POINT-SOURCE POLLUTION
Pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff from agriculture and urban land development.
NONTIDAL WETLANDS
Wetlands, other than tidal wetlands, that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Such wetlands shall generally include swamps, marshes, bogs, and similar areas.
NURSING HOME
Any facility or any identifiable component of any facility in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more non-related individuals, including facilities known by varying nomenclature or designation such as rest homes, convalescent homes, skilled care facilities, intermediate care facilities, extended care facilities and infirmaries. This does not include the home or residence of any individual who cares for or maintains only persons related to him or her by blood or marriage.
OFFICE, BUSINESS AND PROFESSIONAL SERVICES
A room, or group of rooms used for conducting the affairs of a general business establishment, including financial services, sales of real estate or other personal property, and professional services. Examples of business services office uses include offices for retail and wholesale establishments, stock brokerage, investment services, credit card services, real estate sales, lawyers, accountants, engineers, architects, artwork, artifacts, or other specialized services.
OFFICE, MEDICAL AND DENTAL
A room or group of rooms used for conducting the affairs of a businesses engaged in offering or providing medical, dental, or other health-related diagnostic services to clients both on-site and in separate locations.
OFFICE PARK/RETAIL CENTER
Any group of three or more office/commercial uses which:
[Added 11-14-2017 by Ord. No. 17-22]
A. 
Are designed as a single commercial group, whether or not located on the same lot;
B. 
Are under common ownership, management, or property owners' association;
C. 
Are connected by party walls, partitions, canopies or other structural members to form one continuous structure or, if located in separate buildings, are interconnected by walkways and accessways designed to facilitate customer interchange between the uses;
D. 
Share a common parking area or driveways; and
E. 
Otherwise present the appearance of one continuous commercial area.
OFF-SITE
Any area outside the boundary of a lot.
ON-SITE
That area which is within the boundary of a lot.
OPACITY
A measurement indicating the degree of obscuration of light or visibility.
OPEN-AIR MARKET
An outdoor market, held on a regular basis, and at which groups of individual venders sell new goods, produce, freshly prepared foods, homemade crafts, or other unique goods. Live entertainment may also be provided. Open air markets do not include regular outdoor display or sales associated with retail establishments that are principally located in a structure.
OPEN SPACE SET-ASIDE
That area within the boundaries of a lot that is intended to provide light and air and is designed for either scenic or recreational purposes. Open space shall, in general, be available for entry and use by the residents or occupants of the development, but may include a limited proportion of space so located and treated as to enhance the amenity of the development by providing landscaping features, screening for the benefit of the occupants or those in neighboring areas, or a general appearance of openness. The term shall not include driveways, parking lots, or other vehicular surfaces, any areas occupied by buildings, or areas so located or so small as to have no substantial value for the purposes stated in this definition.
OPEN SPACE, LANDSCAPED
That open space designed to enhance privacy and the amenity of the development by providing planted features, screening for the benefit of the occupants or those in neighboring areas, or a general appearance of openness. The term includes lawns, decorative plantings, flowerbeds, green roofs, rain gardens, ornamental objects such as fountains, statues and other similar natural or artificial objects, wooded areas, and watercourses, any or all of which is designed and arranged to produce an aesthetically pleasing effect within the development. Landscaped open space may be either common or dedicated open space.
OPERATOR
When used in the context of a short-term residential rental, the proprietor of any dwelling, lodging, or sleeping accommodations offered as a short-term rental, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other possessory capacity.
[Added 8-22-2017 by Ord. No. 17-19]
OUTDOOR DISPLAY AND SALES
The placement of products or materials (other than vehicles) for sale outside the entrance of a retail or wholesale sales establishment.
OUTDOOR STORAGE
An area for the storage of goods that have a large size, mass, or volume and are not easily moved or carried without the use of a mechanical lifting device. This includes but is not limited to items such as lumber, large stacks of outdoor furniture, mulch, fertilizer, equipment, and other similar uses.
OWNER
Any person who has legal title to land.
PAD SITE
Any parcel of land containing a free-standing use within a shopping center or commercial development.
PARK, PUBLIC, AND PRIVATE
Land used for recreation, exercise, sports, education, rehabilitation, or similar activities, or a land area intended to enhance the enjoyment of natural features or natural beauty, specifically excluding commercially operated amusement parks.
PARKING BAY
The parking module consisting of one row of parking spaces or stalls and the aisle from which motor vehicles enter and leave the spaces.
PARKING DEMAND STUDY
An analysis of the total number of parking spaces required in order to accommodate the maximum number of vehicles for parking purposes by a particular use or site at any given time, including the parking requirements for all employees, occupants, clients, and visitors.
PARKING GARAGE
A building or portion thereof designated or used exclusively for storage of vehicles for a fee, but within which no motor vehicles are serviced, repaired, equipped, leased or sold.
PARKING LOT (COMMERCIAL)
An area not within a building where licensed and operable motor vehicles may be stored for the purpose of temporary, daily or overnight off-street parking. For the purpose of § 72-59, Signage, a parking lot includes automobile and truck display lots, lots for the display of other types of vehicles, lots for the storage of vehicles and commercial parking lots. For the purposes of the stormwater management provisions of § 72-34.4, Stormwater management, parking lot shall mean all parking areas, parking lot travel lanes, and at-grade loading areas.
PARKING LOT DRIVE AISLE
A vehicular accessway located within an off-street parking or vehicular use area which serves individual parking stalls and driveways.
PARKING, DEFERRED
A portion of the required off-street parking associated with a use that is not installed at the time of construction, but delayed or deferred until a parking demand study can be completed to determine if the additional required parking is needed.
PARKING, OFF-SITE
An off-street parking area provided on a different parcel than the use it is intended to serve.
PARKING, OFF-STREET
Any space specifically allotted to the parking of motor vehicles as an accessory use. The term does not include space located in a dedicated right-of-way, travel lane, service drive, or easement for public ingress or egress.
PARKING, ON STREET
A location or area within the right-of-way of a public or private street that is reserved for the parking of vehicles. Such areas may or may not be formally designated with signage, striping, or parking meters.
PARKING, SHARED
Off-street parking facilities shared by two or more uses that are in close proximity to one another and the parking area, and that have different operational characteristics such that use of the parking facilities by one use will not generally overlap with the use of the parking area by the other use(s).
PARKING SPACE, ACCESSIBLE
A space designated for the parking or temporary storage of one motor vehicle in addition to the space necessary for the ingress and egress from the vehicle by a disabled person and any equipment needed for that purpose.
PARKING SPACE, OFF-STREET
A space that is designated for the parking or temporary storage of one motor vehicle located outside of a dedicated street right-of-way, vehicular travel way, or parking aisle.
PARKING, TANDEM
A parking space within a group of two or more parking spaces arranged one behind the other.
PARTY WALL
A wall separating and common to two or more buildings on individual lots that consists of noncombustible material as specified by the Virginia Uniform Statewide Building Code.
PASSENGER TERMINAL, SURFACE TRANSPORTATION
A facility that receives and discharges passengers and at which facilities and equipment required for their operation are provided. Examples include terminals for bus, trolley, taxi, railroad, shuttle van, or other similar vehicular services.
PEDESTRIAN CONNECTION
A right-of-way intended for pedestrian movement/activity, including but not limited to, sidewalks, internal walkways, external and internal arcades, and plazas.
PERSON
Includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof.
PERSONAL SERVICES ESTABLISHMENT
Any building wherein the primary occupation is the repair, care, maintenance or customization of personal properties that are worn or utilized by the person or that are a physical component of the person. The term shall include barbershops, beauty parlors, laundering, cleaning and other garment servicing establishments, tailors, dressmaking shops, shoe cleaning or repair shops, and other similar places of business. Tattoo parlors are not considered personal services establishments.
PHARMACY
See "drugstore or pharmacy."
PLANT NURSERY
The growing, storage, storage, and sale of garden plants, shrubs, trees, vines, groundcovers, and other related landscaping materials for resale, typically occurring as wholesale or retail sales directly to landscaping professionals. Such uses may include limited incidental retail sales to members of the general public. Such uses may include greenhouses; outdoor storage of goods, materials, and equipment; irrigation systems; and caretaker's dwelling.
PLANTING SEASON
The dormant time of the year for trees beginning with leaf drop and ending with bud break; generally late fall to early spring.
PLANTING STRIP
Areas intended for the placement of vegetation within the interior of vehicular use areas or along street right-of-way edges, typically between the back of the curb and the inside edge of the sidewalk.
PLAT or PLAT OF SUBDIVISION
The schematic representation of land divided or to be divided, and information in accordance with the provisions of Code of Virginia §§ 15.2-2241, 15.2-2242, 15.2-2258, 15.2-2262, 15.2-2264 and other applicable statutes.
PLAYGROUND
When used to describe an element of formal open space, this term means an open space designed and equipped for the recreation of children. Playgrounds are generally fenced and may include open shelters.
[Added 1-22-2019 by Ord. No. 19-01]
PLAZA
When used to describe an element of formal open space, this term means an outdoor open area designed for social use and associated commercial activities, spatially defined by building facades or frontages.
[Added 1-22-2019 by Ord. No. 19-01]
PORTABLE SHIPPING CONTAINER
A large container, typically intended for transport by large truck, train, or ship, that is used for the temporary storage and or transport of personal property.
POST OFFICE
A facility designated or licensed by the federal government to sell United States postage stamps and United States postal products and accept mail and packages for delivery.
PRINCIPAL BUILDING
A building 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.
PRIVATE CLUB
An association, organized and operated on a nonprofit basis for bona fide dues-paying members, which owns or leases premises, the use of which is restricted to such members and their guests, and which manages the affairs of such association by and through a board of directors, executive committee, or similar body chosen by the members. Food, meals and beverages may be served on such premises, provided adequate dining space and kitchen facilities are available.
PRODUCE STAND or PRODUCE SALES
A building or structure used for the retail sales of fresh fruits, vegetables, flowers, herbs or plants grown on the same parcel of land where the stand is located. Such use may also involve the accessory sales of other unprocessed foodstuffs, home processed food products such as jams, jellies, pickles, sauces or baked goods, and homemade handicrafts. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold. Such uses also include "pick your own" establishments where customers gather their own produce from the fields for purchase and off-site consumption.
PUBLIC ART
See "sign, public art."
[Added 11-14-2017 by Ord. No. 17-22]
PUBLIC FLOOD CONTROL FACILITIES
Facilities owned and operated by the City or a regional governmental entity of which the City is a member, and shown on the City's approved Stormwater Management Facilities plan, that assist in the control of flood waters during storm events. Placement of these facilities shall consider environmentally sensitive features, alternative sites to minimize disturbance of resource protection areas, and, where practicable, locate such facilities outside of resource protection areas.
PUBLIC INFRASTRUCTURE
Aspects of the public realm owned and maintained by the City or the state that serve the public at large, including streets, highways, sidewalks, curb and gutter, potable water distribution systems, sanitary sewer systems, stormwater drainage retention and conveyance features, street lights, on-street parking spaces, and similar aspects located within a public right-of-way or public easement.
PUBLIC USE
Any area, building or structure held, used, or controlled exclusively for public purposes by any department or branch of the City, state government, or federal government, without reference to the ownership of the building, structure, or land upon which it is situated.
PUBLIC UTILITY
A business or service having an appropriate franchise from the state or City and which is engaged in regularly supplying the public with some commodity or service which is of public consequence and need, such as electricity, gas, water, transportation or communications.
RECREATION, INDOOR
A private indoor (entirely within an enclosed structure) use providing for sport and recreation activities that are operated or carried on primarily for financial gain. Examples of indoor commercial recreation uses include, but are not limited to, fitness centers, bowling alleys, dancehalls, skating rinks, indoor commercial swimming pools, and racquet and tennis club facilities (indoor).
RECREATION, OUTDOOR
A private outdoor use providing facilities for sport activities, which is operated or carried on primarily for financial gain, outdoors. Examples of outdoor commercial recreation uses include, but are not limited to, miniature golf facilities, outdoor commercial tourist attractions, and drive-in theatres.
RECYCLING CENTER
Any facility in which used materials are separated and processed prior to shipment to others for reuse in the manufacture of new or reconstructed products.
[Amended 2-11-2014 by Ord. No. 14-12]
A. 
For the purposes of the Chesapeake Bay Preservation Overlay District, the process of developing land that is or has been previously developed, or lies within an intensely developed area.
B. 
For the purposes of stormwater management, the addition or removal of impervious cover on a parcel with existing impervious cover of 5% or greater.
C. 
For all other purposes, the term "redevelopment" shall mean a change in use of any existing commercial or industrial property, and also to the process of removing, altering, and/or reconstructing buildings, structures and other improvements on land previously containing such improvements.
REGIONAL BREWERY
Annual production, packaging, and distribution of 30,001 to 250,000 barrels of beer, with on-premises retail sales and consumption, and for distribution off-premises. The facility includes one or more of the following accessory uses: eating establishment, entertainment venue, gift shop, special event facility, tap room, tasting room, tours, or similar accessory use.
[Added 1-10-2017 by Ord. No. 16-29]
REGIONAL DISTILLERY
Annual production, packaging, and distribution of 5,001 to 36,000 gallons of distilled spirits, with on-premises retail sales and consumption and for distribution off-premises. The facility includes one or more of the following accessory uses: eating establishment, entertainment venue, gift shop, special event facility, tap room, tasting room, tours, or similar accessory use.
[Added 1-10-2017 by Ord. No. 16-29]
REGIONAL WINERY
Annual production, packaging and distribution of 5,001 to 36,000 gallons of wine, for on-premises retail sales and consumption and for distribution off-premises. The facility includes one or more of the following accessory uses: eating establishment, entertainment venue, gift shop, special event facility, tap room, tasting room, tours, or similar accessory use.
[Added 1-10-2017 by Ord. No. 16-29]
REHABILITATION
The upgrading of a building previously in a dilapidated or substandard condition for human habitation or use.
RELIGIOUS INSTITUTION
A structure or place in which worship, ceremonies, rituals, and religious education are held, together with its accessory buildings and uses (including buildings used for educational and recreational activities), operated, maintained, and controlled under the direction of a religious group. Religious institutions include churches, mosques, synagogues, and temples. Accessory uses may include religious school facilities, parking, or caretaker's quarters.
REMOVED FROM RUNOFF FLOW
For purposes of stormwater management, this phrase means stormwater that is infiltrated, evaporated, or reused on site. For bioretention/biofiltration practices, the surface impoundment volume (not to exceed six-inch depth for bioretention or twelve-inch depth for biofiltration) and the void space of the soil and gravel media shall be considered "removed from runoff flow."
REPAIR SERVICE ESTABLISHMENT
Any building containing no more than 5,000 square feet of net floor area wherein the primary occupation is the repair and general service of common home appliances such as musical instruments, sewing machines, televisions and radios, washing machines, vacuum cleaners, power tools, electric razors, refrigerators and lawnmowers not exceeding five horsepower; or any building wherein the primary occupation is interior decorating, including reupholstering and the making of draperies, slipcovers and other similar articles, but not including furniture- or cabinet-making establishments. The term shall not include any establishment involving the use of more than three vehicles other than passenger cars.
RESEARCH AND DEVELOPMENT
A business that engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of computer software, information systems, communication systems, transportation, geographic information systems, multi-media and video technology. Development and construction of prototypes may be associated with this use.
RESOURCE MANAGEMENT AREA (RMA)
A component of a Chesapeake Bay preservation area not classified as a resource protection area. RMAs shall include land types that, if improperly used or developed, would have the potential for causing significant water quality degradation or for diminishing the functional value of a resource protection area.
RESOURCE PROTECTION AREA (RPA)
A component of the Chesapeake Bay Preservation Area comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.
RESTAURANT
See "eating establishment."
RESTORATION
The replication or reconstruction of a building's original architectural features. The term shall include the technique of preserving historic buildings.[3]
RETAIL SALES ESTABLISHMENT
Any building wherein the primary occupation is the sale of merchandise in small quantities, in broken lots or parcels, not in bulk, for use or consumption by the immediate purchaser. The term shall not include automobile-oriented uses, quick-service food stores, or vehicle sale, rental or ancillary service establishments.
RIGHT-OF-WAY
An area owned or maintained by the City, county, the Commonwealth of Virginia, federal government, a public utility, a railroad, or a private concern for the placement of such utilities and/or facilities for the passage of vehicles or pedestrians, including roads, streets, pedestrian walkways, utilities, or railroads.
ROOT ZONE
The area inside the dripline of a tree that contains its roots.
SATELLITE DISH ANTENNA
Any special apparatus, antenna, receiver or power supply designed to receive radio or television signals from manmade satellites traveling in orbits around the earth.
SCHOOL
A public or private school offering general, technical, or alternative instruction at the elementary, middle, and/or high school levels that operates in buildings or structures or on premises on land leased or owned by the educational institution for administrative purposes. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, before and after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution.
SEASONAL SALE
The temporary sale of goods or products associated with a seasonal or cultural event, such as the sale of Christmas trees, pumpkins, or seasonal produce. Such sales typically take place in locations not devoted to such sales for the remainder of the year.
SELF-SERVICE STORAGE
A building divided into sections for use for storage of items, either temporary or long-term, and not to be used for any other purpose (such as small offices, garages, etc.); also called "mini-warehouse."
SEVERE PRUNING
The pruning, cutting, or otherwise damaging of the natural form of a tree or shrub, whether existing or planted, such that a significant or noticeable portion of the crown system is removed (i.e., 25% of the crown removed from a tree, or the continued cutting/trimming of trees previously pruned illegally, or pruning of trees that must grow naturally to meet the landscaping requirements), and/or if more than one-third of the overall circumference of a tree is exposed by pruning cuts.
SEXUALLY ORIENTED GOODS
Instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
SHOPPING CENTER
Any group of two or more commercial uses which:
A. 
Are designed as a single commercial group, whether or not located on the same lot;
B. 
Are under common ownership or management;
C. 
Are connected by party walls, partitions, canopies or other structural members to form one continuous structure or, if located in separate buildings, are interconnected by walkways and access ways designed to facilitate customer interchange between the uses;
D. 
Share a common parking area; and
E. 
Otherwise present the appearance of one continuous commercial area.
SHORT-TERM RESIDENTIAL RENTAL
The provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy. This umbrella definition includes these uses: bed-and-breakfast inn, historic dependency lodging, homestay, hotel and motel, and hotel, extended stay.
[Added 8-22-2017 by Ord. No. 17-19]
SHRUB
A woody plant, smaller than a tree, consisting of several small stems emerging from the ground, or small branches near the ground. Shrubs may be deciduous or evergreen.
SIGN
Any writing, letter work or numeral, pictorial presentation, illustration or decoration, emblem, device, symbol or trademark, flag, banner, sail, or pennant or any other device, figure or character which is:
[Amended 11-14-2017 by Ord. No. 17-22]
A. 
Employed to announce, direct attention to, identify or make known; and
B. 
Visible from the public right-of-way or adjacent property.
SIGN, ADVERTISING, AND OFF-PREMISES SIGN
Any billboard or other sign on which is portrayed information that directs attention to a business, commodity, service or entertainment not lawfully existing or permitted on the site upon which the sign is located.[4]
SIGN, BUILDING-MOUNTED
A sign attached to or deriving its major support from a wall, including the following: arcade sign, awning sign, canopy sign, marquee sign, projecting sign, roof sign, wall sign, and window sign.
[Added 11-14-2017 by Ord. No. 17-22]
SIGN, FREESTANDING
A sign supported by upright structural members, braces, or ground anchorage and not attached to a building.
[Amended 11-14-2017 by Ord. No. 17-22][5]
SIGN, PORTABLE
A sign not permanently attached to the ground or a building, including any sign attached to a vehicle for advertising purposes when the vehicle is so parked as to attract the attention of the public.
[Amended 11-14-2017 by Ord. No. 17-22]
SIGN, PUBLIC ART
Items expressing creative skill or imagination in a visual form, such as painting or sculpture, which are intended to beautify or provide aesthetic influences to public areas or areas which are visible from the public realm.
[Added 11-14-2017 by Ord. No. 17-22]
SIGN, ROOF
Any sign that extends above:
[Added 11-14-2017 by Ord. No. 17-22]
A. 
The mean height level between the eaves and ridge of a building with a gable, hip, cone, gambrel, or shed roof; or
B. 
The highest point of the roof surface or parapet of a building with a flat roof; or
C. 
The highest point of the deck line of a building with a mansard roof.
SIGN, SAIL/FEATHER FLAGS
Sail sign, also called a "feather flag," is a type of banner typically constructed out of cloth, varying in size, shape, and color, that is attached to a staff or cord for the length of its vertical edge.
[Amended 11-14-2017 by Ord. No. 17-22][6]
SIGN, VARIABLE MESSAGE
Any sign when the character or appearance of any element of the sign's face changes by any mechanical, electrical, electronic, or other device.
[Added 11-14-2017 by Ord. No. 17-22]
SITE PLAN, MAJOR
A required submission for development where the land disturbance will be 2,500 square feet or greater, prepared and approved in accordance with the provisions of § 72-26, Site plan, which is a detailed engineering drawing of the proposed improvements required in the development of a property.
SITE PLAN, MINOR
A required submission for development where the land disturbance will be less than 2,500 square feet. Minor site plans are not required to incorporate detailed engineering drawings but may consist of a sketch or simple drawing depicting a lot or site, existing built aspects, and a depiction of buildings or site features to be constructed.
A. 
A wireless facility that meets both of the following qualifications:
(1) 
Each antenna is located inside an enclosure of no more than six cubic feet in volume, or in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and
(2) 
All other wireless equipment associated with the facility cumulatively is no greater than 28 cubic feet in volume, or such higher limit as established by the Federal Communication Commission.
B. 
The following types of associated equipment are not included in the calculation of equipment volume; electric meter, concealment, telecommunications demarcation boxes, ground-based enclosures, backup power systems, grounding equipment, power transfer switches, cutoff switches, and vertical cable runs for the connection of power and other services.
SMALL DATA CENTER
A use where digital information is processed, transferred, and/or stored, occupying less than 10,000 square feet, where the majority of space is occupied by computers, servers, telecommunications and related equipment (including supporting equipment.)
[Added 10-23-2018 by Ord. No. 18-16]
SOCIAL SERVICE DELIVERY
A use in which the principal function is to provide food distribution, free or reduced-cost meal service, clothing distribution, or bathing and personal care facilities, with associated training, counseling, case management, medical screening services, or other related services. An office where the principal function is the administration of social service delivery, or delivery of case management, counseling or training services in an office or group room setting, is classified as a business or professional services office, not a social service delivery use.
[Added 8-11-2015 by Ord. No. 15-19]
SOLAR ARRAY
Two or more solar collectors or photovoltaic panels intended to capture energy from sunlight, convert it to electricity, and save or deliver the electricity for off-site use.
SOLAR ENERGY EQUIPMENT
A system designed to convert solar radiation into usable energy for space, water heating, or other uses.
SPECIAL EVENT
Any gathering proposed to take place on public streets within the City, or which require the temporary closure or blockading of public streets for the safety of event participants, including for example foot races, bicycle races, parades, marches and processions, street festivals, block parties, outdoor festivals, sporting events, film production, charity walks, protests, and demonstrations. An event which requires the temporary closure of a lane of traffic for safety reasons, or which requires the temporary closure of intersections for safety reasons, is a "special event." Funeral processions supervised by a licensed mortuary are not included in this definition.
A. 
Less than completely and opaquely covered: human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and
B. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIMEN TREE
A tree that is notable by virtue of its outstanding size and quality for its particular species. Generally, an existing canopy tree may be considered as notable when it achieves a diameter at breast height of 32 inches or more, and any understory tree may be considered as notable when it achieves a diameter at breast height of nine inches or more. Invasives shall not be eligible for consideration as specimen trees.
SPIRITS
The same meaning as prescribed in Code of Virginia, Title 4.1, Alcohol Beverage Control Act, § 4.1-100, Definitions.
[Added 1-10-2017 by Ord. No. 16-29]
SQUARE
When used to describe an element of formal open space, this term means an outdoor open space designed for unstructured recreation and social use, spatially defined by building facades or frontages, and consisting of paths, lawns and trees, formally disposed.
[Added 1-22-2019 by Ord. No. 19-01]
STACKING/STANDING AREA
A portion of the vehicular use area on a site that is dedicated to the temporary storage or standing of vehicles engaged in drive-through use of the site or development. Parking or storage of vehicles is not permitted within the stacking/standing area.
STADIUM
See "arena."
STOCKYARD/SLAUGHTERHOUSE
A site where livestock is stored and butchered for food.
STORAGE, BULK
The bulk storage, blending, and distributing of materials that are flammable or explosive or that present hazards or the conditions commonly recognized as offensive.
STORAGE YARD
The use of any space, whether inside or outside a building, for the storage or keeping of equipment, machinery, vehicles, boats, farm machinery, or any parts thereof, and inventory which, due to its physical character, is not normally stored within a structure.
STORMWATER RUNOFF
Direct response of a watershed to precipitation and includes the surface and subsurface runoff that enters a ditch, stream, storm sewer or other concentrated flow during and following the precipitation.
STREET
A strip of land intended primarily for vehicular traffic and providing the principal means of access to property, including, but not limited to, a road, lane, drive, avenue, highway, boulevard, or any other thoroughfare.[7]
STREET, ARTERIAL
A street that carries the major portion of the trips entering and leaving an urban area, as well as the majority of through movements intended to bypass a central City. Significant intra-area travel and important intra-urban and intercity bus services are served by this class of street. Because of the nature of travel served by an arterial street, almost all fully and partially controlled access streets are a part of this functional class, including freeways, major thoroughfares, interstates and expressways. On an arterial street, the concept of service to the abutting land is subordinate to the provision of travel service to major traffic movements.
STREET, CUL-DE-SAC
A local street, one end of which is closed, having a circular turnaround.
STREET, COLLECTOR
A street which provides for principal internal movements at moderate operating speeds within residential developments, neighborhoods, and commercial or industrial districts. It also provides the primary means of circulation between adjacent neighborhoods and can serve as a local bus route. A collector street functions to distribute trips from arterials to local and other collector streets. Conversely, it collects traffic from local streets and channels it into the arterial system. The collector street provides for the dual purpose of land access and local traffic movement. In line with its dual function, there must be continuity in the pattern of these streets.
STREET LINE
The dividing line between a street and a lot having such dividing line as a right-of-way line of a public street and such curb line as a parking bay, travel lane or private street.
STREET, LOCAL
A street that primarily provides direct access to residential, commercial, industrial, or other abutting property. The term includes all facilities not classified as a principal arterial, minor arterial or collector street. A local street offers the lowest level of mobility and usually does not serve a bus route. Overall operating speeds are low in order to permit frequent stops or turning to be made with maximum safety. Service to through traffic movement is deliberately discouraged.
STREET, PRIMARY HIGHWAY
Any street so classified by the state department of highways and transportation, bearing a route number less than 600.
STREET, PRIVATE
A local or collector street, not a component of the state primary or secondary system, which is maintained by a private person.
STREET, PUBLIC
A public thoroughfare (street, drive, avenue, boulevard) which has been or is intended to be dedicated for public use, and which has been accepted into the state system of highways, or is acceptable for inclusion into the state system of highways by virtue of having been constructed in accordance with VDOT requirements.
STREET, SECONDARY HIGHWAY
Any street so classified by the state department of highways and transportation, bearing a route number of 600 or greater.
STREET, SERVICE DRIVE
A public street paralleling and contiguous to a major thoroughfare, designed primarily to promote safety by providing free access to adjacent property and limited access to major thoroughfares. All points of ingress and egress are subject to approval by the appropriate City authorities and the state department of highways and transportation.
STREET TREE
A tree that is planted along the edge of an improved street.
STRUCTURAL ALTERATION
A change or rearrangement in the structural parts of, or in the means of egress from, a building or structure, as provided in the Building Code, including, without limitation: an enlargement, whether by extending on a side or by increasing in height, of a building; or the moving of a building from one location or position to another.
STRUCTURE
An assembly of materials forming a construction for occupancy or use, including stadiums, gospel and circus tents, reviewing stands, platforms, stages, flagpoles, observation towers, radio towers, water tanks, storage tanks (underground and above ground), trestles, piers, wharves, swimming pools, amusement devices, storage bins, and other structures of this general nature but excluding water wells.
[Amended 11-14-2017 by Ord. No. 17-22]
SUBDIVIDE
To create a subdivision, sell, convey, transfer, lease, or assign any part of a lot parcel, or tract of land.
SUBDIVISION
The division or consolidation of any lots, parcels, or tracts of land into one or more lots, or parcels, of any size, for the purpose of transfer or ownership or building development, and boundary line adjustment. The term, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
[Amended 2-24-2015 by Ord. No. 15-05]
SUBDIVISION, ADMINISTRATIVE
Subdivisions involving no more than nine lots and shifts in lot lines or other boundary changes where no new lots are created.
[Added 2-24-2015 by Ord. No. 15-05]
SUBDIVISION, CLUSTER
An alternate means of subdividing a lot in the R-2 and R-4 Districts, premised on the concept of reducing lot size requirements for the provision of common open space within the development.
SUBDIVISION, CONVENTIONAL
The subdivision of a lot in the R-2 and R-4 Districts in accordance with the lot size requirements and bulk regulations specified in the district regulations.
[Amended 2-11-2014 by Ord. No. 14-07]
SUBDIVISION, MAJOR
A subdivision of land involving more than 50 lots.
[Amended 2-24-2015 by Ord. No. 15-05]
SUBDIVISION, MINOR
A subdivision of land that involves 10 to 50 lots.
[Amended 2-24-2015 by Ord. No. 15-05]
SUBSTANTIAL ALTERATION
For the purposes of the Chesapeake Bay Preservation Overlay District, expansion or modification of a building or development that would result in a disturbance of land exceeding an area of 2,500 square feet in a resource management area.
SWIMMING POOL
An above- or below-ground structure that is filled with water and used for swimming.
TATTOO/PIERCING ESTABLISHMENT
An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following:
A. 
Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin.
TELECOMMUNICATIONS FACILITY, STRUCTURE
Any structure or equipment used as a radio, satellite, telecommunications, or transmission antenna.
TELECOMMUNICATIONS FACILITY, CO-LOCATION
To install, mount, maintain, modify, operate, or replace a wireless facility on, under, within or on the surface adjacent to a base station, building, existing structure, utility pole, or wireless support structure.
[Amended 10-24-2017 by Ord. No. 17-27]
TELECOMMUNICATIONS FACILITY, TOWER
A structure erected on the ground and used primarily for the support of antennas for wireless telephone and similar communication purposes and utilized by commercial, governmental, or other public or quasi-public users. The term includes microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term does not include private home use of satellite dishes and television antennas, or amateur radio operators as licensed by the FCC. The term includes a wireless support structure.
[Amended 10-24-2017 by Ord. No. 17-27]
TEMPORARY FAMILY HEALTH CARE STRUCTURE
A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, as specifically described in Code of Virginia § 15.2-2292.1.
TENT
Any temporary shelter, canopy or enclosure of canvas, fabric, plastic film or other stretch material supported and sustained by a pole(s) and/or guy line(s).
THEATER
A building or structure designed for the enactment of dramatic performances or the showing of motion pictures. A dinner theater shall be deemed an eating establishment. The term shall not include a drive-in theater.
TIDAL WETLANDS
Vegetated and nonvegetated wetlands, as defined in § 28.2-1300 of the Code of Virginia, as amended.
TRAFFIC CALMING
Physical alterations or other techniques intended to make neighborhood streets unattractive for to speeding motorists or to cut-through traffic.
TRANSIENT HOUSING
Transient housing is any facility where overnight lodging is provided to the public, with or without compensation, on a nightly, weekly, or monthly basis for a period of less than 90 days. This definition includes hotels, motels, bed and breakfast facilities, and shelters for displaced and/or indigent persons.
TRANSPARENCY
The percentage of windows and doors that cover the facade of a building adjacent to a street or formal open space. In order to be considered transparent, windows and doors must be clear and allow views inside the ground-story space to a depth of three feet.
[Added 1-22-2019 by Ord. No. 19-01]
TRAVEL TRAILER
A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use, with the manufacturer's permanent identification, "travel trailer," thereon. When factory equipped for the road, a travel trailer may be of any length provided its overall length does not exceed 29 feet. The term shall not include a mobile home dwelling.
TREE PROTECTION ZONE
A ground area around a tree extending one foot beyond the dripline (the outer extent of the tree's branches) for each inch in the diameter of the trunk line of the tree at breast height (dbh).
TRIBUTARY STREAM
Any perennial stream that is so depicted on the most recent U.S. Geological Survey 7 1/2 minute topographic quadrangle map (scale 1:24,000) and that is so designated by City Council on the official maps known as the "Chesapeake Bay Preservation Area Maps."
UNDERSTORY TREE
A tree that has an expected height at maturity of no greater than 30 feet.
UTILITY POLE
A structure that is owned, operated, or owned and operated by a public utility, local government, or the commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television or electricity.
[Added 5-23-2017 by Ord. No. 17-12]
UTILITY, MAJOR
Infrastructure services providing regional or community-wide service that normally entail the construction of new buildings or structures such as water towers, waste treatment plants, potable water treatment plants, solid waste facilities, and electrical substations.
UTILITY, MINOR
Infrastructure services that need to be located in or near the neighborhood or use type where the service is provided. Examples of Minor Utilities include water and sewage pump stations, stormwater retention and detention facilities, telephone exchanges, and surface transportation stops such as bus stops and park-and-ride facilities.
VALET PARKING
The provision of parking for vehicles whereby vehicles are parked and un-parked in a parking area, parking lot or any parking structure by a person other than the owner or operator of the vehicle.
VARIANCE
A reasonable deviation from the zoning provisions in this chapter regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure, when the strict application of this article would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of this chapter and would result in substantial justice being done. It shall not include a change in use which could be accomplished by a rezoning or a conditional zoning.
VDOT
The Virginia Department of Transportation.
VDOT REQUIREMENTS
The VDOT Road Design Manual, VDOT Road and Bridge Standards and VDOT Road and Bridge Specifications, individually and collectively.
VEGETATION, NATIVE
Any indigenous tree, shrub, ground cover or other plant adapted to the soil, climatic, and hydrographic conditions occurring on the site.
VEHICLE
Every device in, on or by which any person or property may be transported or drawn on a highway, including trailers. The term includes motor vehicles, such as passenger cars, pickups, panel trucks, motorcycles, tractor trucks, tow trucks and similar vehicles.
VEHICULAR USE AREA
Areas used for the off-street parking, loading and circulation of vehicles. Elements of a vehicular use area include driveways, loading spaces, parking spaces and aisles, stacking spaces, cross-access areas, and landscaped areas.
[Amended 1-22-2019 by Ord. No. 19-02]
VEHICULAR USE AREA LANDSCAPING, PERIMETER
Vegetative material, structures (walls or fences), berms, and associated ground cover located around the perimeter of a parking lot, or other vehicular use area when such areas are adjacent to a street right-of-way or land in a residential district or residentially developed lands, used property for the purposes of screening the vehicular use area from off-site views.
VETERINARY CLINIC
A facility for the care and treatment of animals, including household pets and larger domesticated animals. Such facilities may be entirely indoors or may have both indoor and outdoor components.
VIDEO-VIEWING BOOTH or ARCADE BOOTH
An enclosure designed for occupancy by no more than five persons, used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media, or live performances or lingerie modeling, for observation by patrons therein.
VOCATIONAL OR TRADE SCHOOL
A facility primarily teaching a usable skill that prepares a person for a job in a trade and meeting any licensing requirements of the Commonwealth, including barber, cosmetology, mechanical, plumbing, electrical, carpentry, and auto-mechanic trades.
WAREHOUSE (DISTRIBUTION OR STORAGE)
A use engaged in distribution or storage of manufactured products, supplies, and equipment.
WATER-DEPENDENT FACILITY
A development of land that cannot feasibly exist outside of a resource protection area and that must be located adjacent to water by reason of the intrinsic nature of its operation. Such facilities include, but are not limited to:
A. 
Ports;
B. 
The intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers;
C. 
Public flood-control facilities;
D. 
Marinas and other boat docking structures;
E. 
Beaches and other water-oriented recreation areas; and
F. 
Fisheries or other marine resources facilities.
WETLANDS
For the purposes of the Chesapeake Bay Preservation Overlay District, tidal and nontidal wetlands.
WHOLESALE SALES ESTABLISHMENT
Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to other wholesalers. Wholesale establishment does not include contractor's materials or office or retail sales of business supplies/office equipment.
WINE
The same meaning as prescribed in Code of Virginia, Title 4.1, Alcohol Beverage Control Act, § 4.1-100, Definitions.
[Added 1-10-2017 by Ord. No. 16-29]
WIRELESS FACILITY
Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including but not limited to:
[Added 10-24-2017 by Ord. No. 17-27]
A. 
Equipment associated with wireless services such as private, broadcast and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul; and
B. 
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
WIRELESS SERVICES
"Personal wireless services"; "personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C), including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities; and any other fixed or mobile wireless service provided using wireless facilities.
[Added 10-24-2017 by Ord. No. 17-27]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. Wireless support structure does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.
[Added 10-24-2017 by Ord. No. 17-27]
XERISCAPE
Use of plants and plant material that are appropriate to the climate, planted in ways that reduce or eliminate the need for supplemental irrigation, and prevent the loss of water through evaporation or surface water runoff.
ZONING PERMIT
An administrative approval, reviewed and decided by the Zoning Administrator.
[Amended 5-23-2017 by Ord. No. 17-13]
[1]
Editor’s Note: The former definition of “front (or primary) façade," which immediately followed this definition, was repealed 1-10-2017 by Ord. No. 16-28.
[2]
Editor’s Note: The former definition of “mural,” which immediately followed this definition, was repealed 11-14-2017 by Ord. No. 17-22.
[3]
Editor's Note: The former definition of "resubdivision," which immediately followed, was repealed 2-24-2015 by Ord. No. 15-05.
[4]
Editor’s Note: The former definitions of “sign, announcement,” and “sign, business,” which immediately followed this definition, were repealed 11-14-2017 by Ord. No. 17-22.
[5]
Editor's Note: The former definitions of "sign, identification," "sign, informational," and "sign, mural," which immediately followed this definition, were repealed 11-14-2017 by Ord. No. 17-22.
[6]
Editor's Note: The former definitions of "sign, shopping center," and "sign, wall," which immediately followed this definition, were repealed 11-14-2017 by Ord. No. 17-22.
[7]
Editor’s Note: The definition of “street, alley,” which immediately followed was amended and moved 1-22-2019 by Ord. No. 19-02. See now the definition of “alley.”