For purpose of this chapter, certain terms or words used herein
shall be interpreted as follows:
A.Â
The word "person" includes a firm, association, organization, partnership,
trust, company, or corporation as well as an individual.
B.Â
The present tense includes the future tense, the singular tense includes
the plural, and the plural number includes the singular.
C.Â
The word "shall" is a mandatory requirement, the word "may" is a
permissive requirement, and the word "should" is a preferred requirement.
D.Â
The words "used" or "occupied" include the words "intended, designed,
or arranged to be used or occupied."
E.Â
The word "lot" includes the words "plot" or "parcel."
As used in this chapter, the following terms shall have the
meanings indicated:
A way or means of approach or admission.
A subordinate use, customarily incidental to and subordinate
to the principal use of the structure, and located upon the same lot
occupied by the main use. Private sewage treatment systems shall be
considered as accessory uses, buildings or structures and shall be
permitted as a freestanding use on a vacant lot.
A parcel of land, regardless of area, which is not a numbered
lot on any recorded subdivision plat.
A unit of measure, the total land area to be developed including
rights-of-way, easements, and land set aside for public purposes.
The Zoning Administrator of Mathews County, Virginia. The
official, appointed by the governing body, with enforcement of this
chapter.
An establishment having a substantial or significant portion
of its stock-in-trade, including but not limited to, books, magazines,
periodicals, or video tapes which are distinguished or characterized
by their emphasis on matter depicting, describing, or related to specified
sexual activities as defined, or an establishment with a segment or
section devoted to the sale of such material.
An enclosed building used for presenting material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities, or specified anatomical areas
as defined, for observation by patrons therein.
The tilling of the soil, the raising of the crops, food and
fiber; horticulture; and gardening, including the keeping of animals
and fowl, and including any agricultural industry or business, such
as fruit packing plants, dairies, or similar uses.
The propagation, rearing, enhancement and harvesting of algae,
kelp or seaweed.
[Added 7-22-2014]
A public or private way affording secondary means of access
to abutting property.
Any change in the total floor area, use, adaptability, or
external appearance of an existing structure.
A building which is owned by an individual, person, firm,
or corporation which is to be leased as the residence of three or
more families independently of each other.
The propagation, rearing, enhancement, and harvest of aquatic
organisms in controlled or selected environments, conducted in marine,
estuarine, brackish, or fresh water.
[Added 7-22-2014]
Any land, structure, or other appurtenance that is used for
aquaculture, including any laboratory, hatchery, pond, raceway, pen,
cage, incubator, or other equipment used in aquaculture.
[Added 7-22-2014]
Any species or hybrid of aquatic animal or plant, including
fish, shellfish, marine fish, and marine organisms.
[Added 7-22-2014]
A person licensed to practice as an architect in the Commonwealth
of Virginia.
An establishment that provides housing and other services
which may include meals, housekeeping and personal care assistance
for adult residents who typically are functionally impaired, but otherwise
in good health and able to maintain a semi-independent lifestyle,
not requiring more intensive care of a nursing or convalescent home.
A business holding a valid dealer's license and collecting
state sales tax, whose primary concern is the recovery of automobile
parts for resale or secondarily to distribute, by the recycling process,
the residue of its scrap metal content.
Any place which is exposed to the weather and upon which
more than five motor vehicles of any kind, incapable of being operated,
and which it would not be economically practical to make operable,
are placed, located, or found.
The repair of vehicles including, but not limited to, cars
and trucks by the owner-operator of the repair facility. Such repair
shall occur on property owned or leased by the operator and the operator
shall reside on the same parcel as the repair facility.
Facilities for the take-off and landing of aircraft, including
runways, aircraft-storage buildings, helicopter pads, air-traffic
facilities, informational facilities and devices, terminal buildings,
aircraft-maintenance facilities, aviation-instruction facilities,
and heliports.
[Added 11-12-2019]
A story having part, but not more than 1/2, of its height
below grade. A basement shall be counted a story for the purpose of
height regulations if it is used for business purposes or for the
dwelling purposes by other than a janitor employed on the premises.
An owner- or operator-occupied private residence which contains
no more than one kitchen and six or fewer rooms which are occupied
for sleeping purposes by guests, other than temporary personal guests
of an owner or operator, none of whom remain any more than seven consecutive
nights, for compensation with or without meals.
[Amended 10-25-2016]
A private room planned and intended for sleeping, separated
from other rooms by a door, and accessible to a bathroom without crossing
through another bedroom.
[Added 10-25-2016]
That property abutting one side of the street, and lying
between the two nearest intersecting or intercepting streets or the
nearest intersecting or intercepting street and railroad right-of-way,
unsubdivided acreage, river or live stream or between any of the foregoing
in any barrier to the continuity of development.[1]
The Board of Zoning Appeals of Mathews County, Virginia.
A single-story structure limited to the storage of watercraft
and/or watercraft equipment and constructed over the water.
A structure designed to launch and recover watercraft and
including supporting facilities such as parking and storage.
A device or natural growth, or a combination of, designed
or used as a barrier to vision or noise between adjoining properties
or land uses.
Any structure having a roof supported by columns or walls,
designed or intended for the support, enclosure, shelter, or protection
of persons, animals, or chattels.
A subordinate structure customarily incidental to and located
upon the same lot occupied by the main structure.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat roofs, to the deck line of mansard roofs,
and the mean height between eaves and ridge for gable, hip, and gambrel
roofs.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Commercial establishments which cater to and can be located
in close proximity to a residential or rural district without creating
undue vehicular congestion, excessive noise, or other objectionable
influences. To prevent congestion, convenience uses include, but need
not be limited to, drugstores, beauty salons, barber shops, carry-outs,
dry cleaning and laundry facilities, and grocery stores, if less than
10,000 square feet in floor area. Uses in this classification tend
to serve a day-to-day need in the neighborhood.
Commercial uses which generally require locations on or near
major thoroughfares and/or their intersections, and which tend in
addition to serving day-to-day needs of the whole community, also
supply the more durable and permanent needs of the whole community.
General business uses include, but need not be limited to, such activities
as supermarkets; stores that sell hardware, apparel, footwear, appliances,
and furniture; department stores; and discount stores.
Commercial uses which generally require locations on or near
major thoroughfares and/or their intersections, and which tend to
serve the motoring public. Highway business uses include, but need
not be limited to, such activities as filling stations, truck and
auto sales and service, restaurants, and motels.
Any profit-making activity which renders services primarily
to other commercial or industrial enterprises, or which services and
repairs appliances and machines used in homes and businesses.
Business establishments that generally sell commodities in
large quantities or by the piece to retailers, jobbers, other wholesale
establishments or manufacturing establishments. These commodities
are basically for further resale, for use in the fabrication of a
product, or for use by a business service.
An adult club, restaurant, theater, hall or similar place
which features topless dancers, go-go dancers, exotic dancers, strippers,
male or female impersonators, or similar entertainers exhibiting specified
anatomical areas or performing specified sexual activities as defined.
A parcel of land devoted to primarily outdoor recreation
uses not including overnight accommodations for users.
Any lot or land used, maintained, or held out to be public
as a place of use for camping or lodging purposes, whether equipped
with tents, tent houses, huts, cabins, cottages, campers, or trailers,
or not so equipped, and by whatever name the same may be called, whether
any fee is charged for the use thereof or not.
A parcel of land used or designed to be used for seasonal
accommodations of individuals in tents or similar rustic structures
and for use by such individuals for sports, handcrafts and other outdoor
oriented activities and recreation.
Any space outside a building and contiguous thereto wholly
or partly covered by a roof, and used for the shelter of motor vehicles.
A traveling or transportable group or aggregation of rides,
shows, games or concessions or any combination thereof.
Any place or premises used for sale, dispensing, or serving
of food, refreshments, or beverages in automobiles, including those
establishments where customers may serve themselves and may eat or
drink the food, refreshments or beverages in motor vehicles on the
premises; a refreshment stand; a "fast food" or primarily "carry establishments."
Any automatic or self-service facility where the washing
of vehicles is conducted. It does not mean facilities that wash or
steam-clean engines, buses, tankers or tractor-trailers. Also it does
not include mobile car washes or charity car washes. Car washes shall
utilize a low-volume water recycling system which provides for an
average of at least 80% recycled water per wash.
A story having more than 1/2 of its height below grade.
A publicly or privately owned sewer system, approved by the
State Department of Health or the State Water Control Board, which
serves three or more dwelling units or other structures, and which
consists of collection and transmission lines or mains, pumping stations
if necessary, and a sewage treatment and disposal facility. Such system
functions by transmission of sewage away from the point of origin,
collection and treatment of the sewage at a sewage treatment facility
which is not located on any of the lots or parcels served by the system,
and disposal or discharge of the treated effluent. Central sewer system
shall not include mass drain fields, low pressure drain field systems,
mound systems and other on-site wastewater disposal methods.
A publicly or privately owned water supply system which meets
State Department of Health requirements for an approved water supply,
and which serves five or more dwelling units or other structures.
Such systems consist of a well or wells which are not located on any
of the lots or parcels served by the system, pump houses, transmission
lines or mains, and storage tanks if necessary.
Building in which the primary use is for assembly of persons
for religious worship or religious purposes.
A traveling or transportable show or exhibition consisting
of performance by persons and animals under one tent or similar structure,
with or without side shows.
Buildings and facilities owned or operated by a corporation,
association, person or persons for a social, educational or recreational
purpose, but not primarily for profit and not primarily to render
a service which is customarily carried on as a business. Includes,
but is not necessarily limited to, Masonic lodges, American Legion
halls, and community associations. A lodge shall be considered a club.
An arrangement of structures or adjoining lots in groupings
allowing closer spacing than would be generally permitted under ordinance
requirements for lot widths with the decrease in lot width or area
compensated by maintenance of equivalent open space either elsewhere
on the lot or in the form of common open space.
A farm where hogs are kept and raised primarily for sale,
the principal product or use of which farm are such hogs.
A farm where poultry are kept and raised primarily for sale,
the principal product or use of which farm is such poultry.
The Planning Commission of Mathews County, Virginia.
The adopted Comprehensive Plan for Mathews County, Virginia,
including all amendments and elements.
A site where concrete is mixed for us or delivery elsewhere.
May include equipment such as mixers, hoppers, conveyors, silos, structures
for the ancillary storage of raw materials, and parking for employee
and delivery vehicles. No on-site use of concrete unless through an
approved conditional use permit for "manufacture of cement and stone
products." Requires an approved site plan, which shall include a dust
control plan.
[Added 7-28-2021]
Permission for a use listed as such in this chapter and which
may be issued in a specified district under certain conditions, such
conditions to be determined in each case by the terms of this chapter
and by the Board of Supervisors, by means of the procedures specified
by this chapter and applicable state laws.
A system of separate ownership of individual units in a multiple-unit
building or development of residential, commercial, or industrial
use; all owners have a right in common to use the common elements
of the building or development with separate ownership confined to
the individual units as provided for under § 55-79.39 of
the Code of Virginia.
A land burial facility engineered, constructed, and operated
to contain and isolate construction waste, demolition waste, debris
waste, inert waste, or a combination of the above solid wastes under
regulation of the Department of Waste Management or other applicable
state or federal agency.
A housing development designed to provide a full range of
accommodations for older adults (55 years of age or older), including
independent living, assisted living and skilled full-time nursing
or medical care. Residents may move from one level of care to another
as their needs change.
Any institution, however named, whether conducted for charity
or for profit, which is advertised, announced or maintained for the
express or implied purpose of caring for two or more non-related persons
admitted thereto for the purpose of nursing or convalescent care.
Nursing and convalescent care includes care given because of prolonged
illness or defect or during the recovery from injury or disease, and
includes any and all of the procedures commonly employed in waiting
on the sick, such as administration of medicine, preparation of special
diets, giving of bedside care, application of dressing and bandages,
and the carrying out of treatments prescribed by a duly licensed practitioner
of medicine. (Certain nursing homes and homes for the aged may be
"home occupation," if they comply with the definition herein.)
A single store retail use, the ground floor area of which
is 5,000 square feet or less and which offers for sale, primarily,
the following articles: bread, milk, cheese, canned and bottled foods
and drinks, tobacco products, candy, papers and magazines, general
hardware articles and gasoline.
Manufacture or processing of items by hand not involving
assembly line techniques.
Facilities providing day care or nursery services for six
or more children.
A person having legal title to any tract of land or parcel
of land to be developed, whether or not they have given their power
of attorney to one of their group, or another individual or entity
to act on behalf in planning, negotiating or in representing or executing
the requirements of the ordinances or the laws of the County.
A vehicle which is inoperable for mechanical or safety reasons
and which is not eligible for licensing in its current state or condition.
Districts as referred to in § 15.1-486 of the Code
of Virginia, 1950, as amended.
Any area of 100 square feet or more where trash, garbage,
scrap material, or any solid waste is placed or any area where hazardous
or infectious wastes are placed or stored in a manner not in accordance
with applicable state and federal regulations.
A building containing three or more dwelling units, with
varying arrangements of entrances and party walls.
Four attached dwellings in one building in which each unit
has two open-space exposures and shares one or two walls with adjoining
unit or units.
A building consisting of an unattached, single dwelling unit
only, but excluding manufactured homes.
A group of two or more single-family dwelling units which
are joined to one another by a common party wall, a common floor-ceiling
and/or connecting permanent structures such as breezeways, carports,
garages or screening fences or walls, whether or not such group is
located on a single parcel of ground or on adjoining individual lots.
Dwellings such as a semi-detached, garden court, patio house and townhouse
shall be deemed a single-family attached dwelling.
A building containing three dwelling units, each of which
has direct access to the outside or to a common hall.
A building consisting of two dwelling units which may be
either attached side by side or one above the other, and each unit
having a separate or combined entrance or entrances.
Space, within a building, comprising living, dining, and
sleeping rooms, storage closets, and space and equipment for cooking,
bathing, and toilet facilities, all for one family and its household
employees.
A grant by a property owner of the use of his land by another
party for a specific purpose.
Shall be taken to mean constructed, reconstructed moved or
structurally altered.
A portable shelter or permanent structure used on specified
occasions that accommodates corporate events and social functions.
[Added 1-23-2018]
The process of constructing or assembling a product from
previously prepared parts, elements or material which have been manufactured
off-site of the fabrication activity.
One or more persons occupying a single dwelling unit, provided
that unless all members are related by blood, adoption, or marriage;
no such family shall contain over five persons.
For the purposes of § 175-5.4A, "immediate family" is defined as a natural or legally defined offspring, brother, sister, grandchild, grandparent or parent of the owner, including step-relations.
An occasional or periodic market held in a structure or open
area where farmers, fishermen and similar persons sell their produce,
products, catch or homemade wares.
A fixed structure designed to prevent escape or intrusion
or to define property.
Any establishment, the primary business of which is concerned
with such state-regulated activities as banking, savings and loans,
and consumer loans.
The propagation, rearing, enhancement, and harvest of hatchery
produced cold-blooded aquatic vertebrates in controlled or selected
aquatic environments.
[Added 7-22-2014]
A means of access of sufficient design to permit ingress
and egress by firefighting equipment.
A mixed-use structure in which residential and business uses
are combined in the same building (i.e., a building with retail and
residential uses on the same floor, or separated by floors). At least
15% of the ground floor space of the building is to be devoted solely
to business use, while the rest of the floor space is flexible, and
may be used for either business and/or residential uses. Only professional
offices are to be permitted by right within a flexible residential/business
use; all other proposed business uses must receive a conditional use
permit prior to locating within the building. The structure shall
comply with both the standards of the underlying Business-2 (B-2)
Zoning District, and all other terms and regulations of this chapter,
including residential density. Flexible residential/business use shall
be only located in the Business-2 (B-2) District and the Village Mixed
Use (VMU) District.
[Added 7-28-2015]
For the purpose of determining the number of off-street parking
spaces required by this chapter, floor area shall be the sum of the
horizontal areas of the several floors of the building, measured from
the interior faces of the exterior walls; but excluding stairs, washrooms,
elevator shafts, maintenance shafts and rooms, storage spaces, display
windows, fitting rooms, and similar areas.
The cultivation, maintenance, development, and harvesting
of forests.
The minimum width of a lot measured from one side lot line
to the other along a straight line on which no point shall be farther
away from the street upon which the lot fronts than the building setback
line as defined and required herein.
Accessory building designed or used for the storage of private
automobiles owned and used by the occupant of the building to which
it is accessory.
A building or portion thereof, other than a private garage,
designed or used for servicing, repairing, equipping, renting, selling,
or storing motor vehicles.
Buildings and premises where gasoline, oil, grease, batteries,
tires, and motor vehicle accessories may be sold. Uses permissible
include major mechanical bodywork, straightening of body parts, painting,
and welding; and storage of automobiles not in operating condition.
Storage of automobiles awaiting parts or repair is permitted.
A residential building of no more than three stories in height
designed for three or more dwelling units.
A single store which offers for sale general merchandise.
Gasoline may also be offered for sale but only as a secondary activity
of a general store.
The effect of a light source that shines so as to be conspicuous
and obtrusive.
An area of 50 or more contiguous acres, publicly or privately
owned, on which the game of golf is played, together with such necessary
and usual accessory uses as a club house, caretakers' dwellings, dining
and refreshment facilities, and other such uses provided that the
operation of such facilities is incidental and subordinate to the
operation of a golf course.
A limited area on which golf players do not walk, but onto
which they drive golf balls from a central driving tee.
The Board of Supervisors of Mathews County, Virginia.
A facility for drying grain. A commercial grain dryer is
one in which the grain dried is primarily grown by sources other than
the owner and/or operator of the facility. A noncommercial grain dryer
is one in which the grain dried is primarily grown by the owner and/or
operator of the facility.
Living quarters within a detached accessory building located
on the same premises with the main building for use by temporary guests
of the occupants of the premises, and not rented or otherwise used
as a separate dwelling unless permitted by the terms of this chapter.
A hazardous waste as described by the Virginia Hazardous
Waste Regulation or the Environmental Protection Agency (EPA).
The legally designated health authority of the State Board
of Health for Mathews County or his authorized representative.
A low impact home-based business within any dwelling or accessory
structure, which may include limited employee access, customers or
clients and is clearly accessory and subordinate to the residential
use.
[Added 12-17-2019]
A low impact home-based business activities for individuals
within any dwelling completely contained within the dwelling unit
and accessory buildings that is an accessory and subordinate use to
the residential use.
[Amended 12-17-2019]
A nonprofit organization operating under recorded land agreements
through which:
Each lot and/or homeowner is automatically a member; and
Each lot is automatically subject to a charge for a proportionate
share of the expenses for the organizations' activities, such as maintaining
a common property or private road; and
The charge if unpaid becomes a lien against the property.
An institution rendering medical, surgical, obstetrical,
or convalescent care, including nursing homes, homes for the aged,
and sanatoriums, but in all cases excluding institutions primarily
for mental or feeble-minded patients, epileptics, alcoholics, or drug
addicts.
A building or group of buildings on a lot in which food and
lodging or food, board and lodging are provided and offered to the
public for compensation. As such it is open to the public in contradistinction
to a boarding house, which is herein defined. Irrespective of the
nature or form of ownership of a hotel or of an apartment hotel or
of ownership of any of its components, and irrespective of the occasional
use without compensation of the hotel or apartment hotel by its owners,
a hotel or apartment hotel shall not be deemed a condominium for purposes
of this chapter.
Solid wastes which contain pathogens with sufficient virulence
and quantity so that exposure to the waste by a susceptible host could
result in an infectious disease.
A building in which up to 20 lodging rooms or lodging rooms
and meals, not including in-room cooking facilities, are offered to
the general public for compensation, and in which entrance to lodging
rooms is made through a lobby or other common room.
Any motor vehicle which is not in operating condition, or
which, for a period of 60 days or longer, has been partially or totally
disassembled by the removal of tires and wheels, the engine, or other
essential parts required for operation of the vehicle, or on which
are displayed neither valid license plates, nor a valid inspection
decal. This term shall not include antique motor vehicles, or a vehicle
used in agricultural or horticultural use as provided for in § 46.2-665
of the Code of Virginia, 1950, as amended.
Any land or building used for the abandonment, storage, keeping
collecting, or bailing of paper, rags, scrap metals, other scrap or
discarded materials, or for the abandonment, demolition, dismantling,
storage, or salvaging of automobiles or other vehicles not in running
condition, machinery or part thereof.
A place prepared to house, board, breed, handle or otherwise
keep or care for dogs for sale or in return for compensation.
A sanitary landfill or a construction/demolition/debris landfill
under regulation of the Department of Waste Management or other applicable
state or federal agency.
A space within a building or on the premises providing for
the standing, loading or unloading of vehicles.
A parcel of land occupied or to be occupied by a main structure
or group of main structures and accessory structures, together with
such yards, open spaces, lot width and lot areas as are required by
this chapter, either shown on a plat of record or considered as a
unit of property and described by metes and bounds.
The total horizontal area included within the rear, side
and front lines or proposed street lines of the lot, excluding any
streets or highways, whether dedicated or not dedicated to public
use, but including off-street automobile parking area and other accessory
uses. Lot area shall not include portions under water except where
the total area of a body of water is within a lot.
A lot abutting on two or more streets at their intersection.
Of the two sides of a corner lot, the front shall be deemed to be
the shorter of the two sides fronting on streets.
The area of a lot occupied by structures, off-street parking,
driveways, outside storage, or any other improvements not considered
open space.
The shortest horizontal distance between the front and rear
lot lines.
An interior lot having frontage on two streets.
Any lot other than corner lot.
A lot, a plat, or description of which has been recorded
in the Clerk's Office of the Circuit Court of Mathews County.
A lot abutting a body of water.
The shortest horizontal distance between side lot lines at
the front lot line, building line or shoreline.
A lighting fixture assembly or source of artificial illumination
including, but not limited to, bulbs, lamps, reflectors, refractors
and housings associated with them.
The process and/or converting of raw, unfinished materials,
or products, or either of them, into articles or substances of different
character, or for use for a different purpose.
A structure subject to federal regulation, which is transportable
in one or more sections; is eight body feet or more in width and 40
body feet or more in length in the traveling mode, or is 320 or more
square feet when erected on site; is built on a permanent chassis;
is designed to be used as a single-family dwelling, with or without
a permanent foundation, when connected to the required utilities;
and includes the plumbing, heating, air conditioning, and electrical
systems contained in the structure.
Any area of land designed to accommodate two or more manufactured
homes intended for residential use where residence is in manufactured
homes exclusively, regardless of whether the lots are rented or sold.
This definition shall not apply to an area specifically used for display
of manufactured homes by a manufactured homes sales agency.
Manufacturing or other industrial uses which are usually
controlled operations; relatively clean, quiet, and free of objectionable
or hazardous elements such as smoke, noise, odor, or dust; operating
and storing within enclosed structures; dependent on highway transportation;
and creating no nuisances.
A boating establishment located on a navigable waterway,
which may include in-water berths/slips, which are covered or uncovered,
dry berths/slips for boat storage on land, either indoors or outdoors,
and provisions for transfer of boats to and from the water by means
of ramps or mechanical equipment, boat repairs and/or construction,
marine fuel and lubricants, marine supplies, restaurants, or refreshment
facilities, and boat and boat motor sales. A marina may provide boats
to rent, charter, lease, or hire for uses clearly incidental to watercraft
activities.
A marina designed and intended to be used for mooring of
boats by residents of the general neighborhood with no commercial
facilities other than necessary for minor servicing and repairs.
A solid waste management facility for the collection, processing
and recovery of material from solid waste under regulation of the
Department of Waste Management or other applicable state or federal
agency.
The development of a tract of land, building or structure
with a variety of complementary and integrated uses, such as, but
not limited to, residential, office and retail in a compact form.
A single structure containing at least two complementary,
integrated, or mutually supporting uses (such as housing, offices
and retail).
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. This term is intended to apply to major
assemblies, and does not include prefabricated panels, trusses, plumbing
trees and other prefabricated sub-elements incorporated into a structure
at the site.
One or more buildings containing individual sleeping rooms,
designed for or used temporarily by tourists or transients, with garage
or parking space conveniently located to each unit. Cooking facilities
may be provided for each unit.
A vehicle which is self-propelled or designed for self-propulsion,
having a normal seating capacity of not more than 10 persons, including
the driver, designed primarily for use as living quarters for human
beings. (See "trailer, travel.")
A watercraft in or by which any person or persons is or may
be transported on the waterways which is propelled by oars, paddles
or sails without primary or secondary motor propulsion; for example,
kayaks, canoes, sailboards, catamarans and small sailboats. Related
accessories include oars, life preservers, boat trailers/racks and
sails.
A vehicle in or by which any person or property is or may
be transported or drawn on a highway which is self-propelled or designed
for self-propulsion; excluding mopeds and motorized wheelchairs. Semi-trailers
and trailers designed to transport only property are considered part
of a motor vehicle.
A facility intended primarily for the exhibit and/or repository
and/or research of books, artworks, artifacts, archives and other
similar items for public appreciation and information. Accessory sales
and services may be permitted.
An otherwise legally platted lot that does not conform to
the minimum area or width requirements of this chapter for the district
in which it is located either at the effective date of this chapter
or as a result of subsequent amendments to this chapter.
An otherwise legal building or structure that does not conform
with the lot area, yard, height, lot coverage, or other area regulations
of this chapter, or is designed or intended for a use that does not
conform to the regulations of this chapter for the district in which
it is located either at the effective date of this chapter or as a
result of subsequent amendments to the ordinance.
The otherwise legal use of a building or structure or a tract
of land that does not conform to the use regulations of this chapter
for the district in which it is located either at the effective date
of this chapter or as a result of subsequent amendments to the ordinance.
An incorporated organization or group whose charter prohibits
profit-making endeavors, and which enjoys tax exemption privileges.
The certificate issued by the Building Official, after approval
by the Administrator, which permits the use of a building in accordance
with the approved plans and specifications and which certifies compliance
with the provisions of the law for the use and occupancy of the building
as specified in the Building Code and this chapter.
Describes a location on an area of land which is proximate
to a parcel of land defined as "on-site."
A septic tank and drain field or similar installation such
as a peat moss filtration (e.g., VDH GMP 79 such as PURAFLO7 system),
approved by the State Department of Health, located on an individual
lot or parcel as an accessory or principal use and serving a single
dwelling unit or other structure located on a different lot or parcel,
which provides proper and safe treatment and disposal of sewage. The
term "off-site sewer" shall not include spray irrigation nor similar
waste disposal methods.
Space provided for vehicular parking not on a street or roadway.
Shall be construed to be describing a location on all, or
a portion of a parcel of land which is the subject of an application
for approval by the Board of Supervisors, its agent, Planning Commission
or Board of Zoning Appeals and which parcel of land is in single ownership
or under unified control.
A septic tank and drain field or similar installation such
as a peat moss filtration (e.g., VDH GMP 79 such as PURAFLO7 system),
approved by the State Department of Health, located on an individual
lot or parcel and serving a single dwelling unit or other structure
located on that lot, which provides proper and safe treatment and
disposal of sewage. The term "on-site sewer" shall not include spray
irrigation or similar waste disposal methods.
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. Open space may include,
but need not be limited to, lawns, decorative planting, walkways,
active and passive recreation areas, children's playgrounds, fountains,
swimming pools, wooded areas, and watercourses. Open space shall not
include driveways, parking lots, or other vehicular surfaces, any
area occupied by a building, nor areas so located or so small or so
circumscribed by buildings, driveways, parking lots, or drainage areas
as to have no substantial value for the purposes stated in this definition.
A parcel of land set aside for nonprofit activities of a
recreational nature such as fishing, boating, swimming, camping, hiking,
picnicking, outdoor games, and sports incidental to the foregoing,
but not any activity that would upset the tranquility of the neighborhood.
A bond of surety and/or cash deposit approved by the Board
of Supervisors equal to full cost of improvements required by these
regulations and providing for completion of such improvements within
a definite term.
A pier designed to be used for the mooring of a boat or boats
by the landowner.
The office of a person engaged in any occupation, vocation
or calling, not purely commercial, mechanical or agricultural, in
which a professed knowledge or skill in some department of science
or learning is used in its practical application to the affairs of
others, either advising or guiding them, in serving their interest
or welfare through the practice of an act founded thereon.
Any tract, lot or parcel or several of the same collected
together for the purpose of subdividing, preparing a site development
plan and/or developing.
A legal easement, or series of easements, which grant and
guarantee the right of access for emergency and public service vehicles
to any given area or right-of-way.
Shall be considered for the purpose of this chapter to be
any building owned by a governmental organization such as a County,
state or federal government. Such buildings may include a County courthouse,
a state armory, a federal office building, a post office, an auditorium,
a museum, an art gallery, a college or university, hospitals, clinics,
schools, libraries, police and fire stations, etc.
Shall be considered for the purpose of this chapter to be
any public works supplied generally by a governmental organization.
Such public works shall include, but not be limited to: public roads,
schools, water supply and sewer facilities and police, fire, rescue
and emergency services protection facilities.
A central system for the removal, carrying off, treatment
and disposal of sewage serving or designed to serve three or more
independent dwellings or structures, and which may be owned and/or
operated by a municipality or County or service authority or by a
person approved by the Board of Supervisors in accordance with Title
62.1 of the Code of Virginia, 1950, as amended, and licensed by the
State Corporation Commission.
An object being in sight or otherwise observable to persons
from a public right-of-way, private right-of-way or another property.
A central system for supplying potable water to three or
more independent dwellings and which may be owned and/or operated
by a municipality or County or service authority or by a person approved
by the Board of Supervisors and properly licensed by the State Board
of Health in accordance with Title 62 of the Code of Virginia, 1950,
as amended, and licensed by the State Corporation Commission.
Any structure utilized for relaxation, exercise, or entertainment
sponsored by a private concern and held out to the public for its
use. Includes, but is not limited to, video arcades, billiard parlors,
and skating rinks.
Any site specified for collecting from the general public
materials intended for periodic transfer to another site for remanufacture
into new materials.
Family care homes, foster homes or group homes serving physically
handicapped, mentally ill, mentally retarded or other developmentally
disabled persons not related by blood or marriage.
Any space in any front, side, or rear yard, excluding required
off-street parking areas.
An establishment with limited or no eat-in facilities that
provides prepared food for pick-up by the customer or delivery by
the restaurant employees.
An eating establishment where food and/or beverages are primarily
served to customers in motor vehicles.
An establishment which prepares and sells food products intended
for ready consumption, which are generally packaged in paper or served
in other types of disposable plates, wrappers, or containers, for
consumption inside the building, on a patio, or off the premises and,
which may include service directly to customers in their motor vehicles.
A traditional sit-down eating establishment with table service
(order placement and delivery), provided to customers by a waiter
or waitress; carry-out trade, if any, shall be a limited portion of
the business.
Any building wherein the primary occupation is the sale of
merchandise in small quantities, in broken lots or parcels, not in
bulk, for use of consumption by the immediate purchaser (but specifically
exclusive of coal, wood and lumber yards), such as the following which
will serve only as illustrations: drugstore, antique store and gift
shop, hardware store, household appliance store, furniture store,
florist, optician, music and radio store, tailor shop, barber shop,
and beauty shop.
A strip of land taken or dedicated for use as a public or
private way. In addition to the roadway, it normally incorporates
the curbs, lawn strips, sidewalks, and lighting and drainage facilities
and may include special features (required by the topography or treatment)
such as grade separation, landscaped areas, and bridges.
Any mining, quarrying, excavating, processing, storing, separating,
cleaning, or marketing of sand, gravel, stone, or soil conducted as
an integral part of or connected with any full-time or part-time ongoing
business or industry.
An engineered land burial facility for the disposal of solid
waste which is so located, designed, constructed and operated to contain
and isolate the solid waste so that it does not pose a substantial
present or potential hazard to human health or the environment under
regulation of the Department of Waste Management or other applicable
state or federal agency.
A permanently located mill or machine for sawing, planing,
or otherwise converting logs into marketable wood products, and including
any office or accessory buildings and storage areas.
A temporary sawmill located on the parcel to be harvested,
or on a parcel immediately adjacent and contiguous to the parcel to
be harvested, for a period not to exceed two years.
A visual barrier composed of masonry, wood, metal, or plant
material of sufficient height and density to obscure direct viewing
of disabled vehicles or any other use as required by this chapter.
All screening must be approved by the Administrator.
For the purpose of determining the number of off-street parking
spaces for certain uses, the number of individual seats and/or the
number of seats contained in seating units such as booths, benches,
etc., that are installed or indicated on plans.
A development providing self-contained dwelling units specifically
designed for the needs of older adults (55 years of age or older).
Units may be rented or owner-occupied.
The minimum distance by which any building or structure must
be separated from the right-of-way line or center line, as applicable,
of the street or highway upon which it fronts.
Any sewage treatment works, plant, or equipment, or any part
of any treatment works, plant, or equipment within the County now
or hereafter owned, managed or controlled by any corporation (other
than a municipality) company, individual, or association of individuals
or cooperative, their lessees, trustees, or court-appointed receivers,
for the storing, treating, or reclaiming the water-carried human waste
from residences, buildings, industrial establishments, or other places
together with such other water as may be present, either directly
or indirectly to any corporation, company, individual, or association
of individuals, which will require a National Pollutant Discharge
Elimination System permit/certificate issued by the State Water Control
Board in order to discharge to state waters as defined in § 62.1-44.3
of the Code of Virginia, 1950, as amended. For the purposes of this
chapter, private sewage treatment systems shall be considered as accessory
uses, buildings or structures unless located as freestanding structures
on a lot or parcel, in which case such facilities shall be considered
principal or main use, buildings or structures. "Sewage treatment
systems (private)" shall include, but not be limited to, any spray
irrigation systems (e.g., VDH-GMP 74) or other similar technology
that requires air dispersion or land application not associated with
an agricultural or forestry management plan.
The propagation, rearing, enhancement, and harvest of hatchery-produced
bivalve molluscan organisms in controlled or selected environments,
which are conducted in todal waters of the Commonwealth of Virginia.
[Added 7-22-2014]
The propagation, rearing and/or growout of shellfish that
are to be sold, traded, bartered, or marketed to others for financial
consideration or remuneration.
[Added 7-22-2014]
The propagation, rearing, and/or growout of shellfish in
protective structures such as floats, bags, cages, etc., adjacent
to a private pier exclusively for noncommercial purposes.
[Added 7-22-2014]
A group of commercial establishments, planned, developed,
owned and managed as a unit with off-street parking provided on the
property and related in size and type of shops to the trade area the
unit serves.
The line where open tidal waters abut wetlands, dunes, fastland
or beach area during mean high water.
An accommodation for transient guests where, in exchange
for compensation, a dwelling unit is rented for lodging for a period
of time not to exceed 30 consecutive days. Such use may or may not
include an on-site manager.
[Added 10-25-2016]
A person designated by the owner of a short-term vacation
rental to act on behalf of the owner. Such person shall be available
for and responsive to contact at all times and can respond within
two hours of contact from a representative of the County in case problems
arise with the property. A property owner may serve as the short-term
vacation rental agent.
[Added 10-25-2016]
As defined in Article 13.
Includes the support, uprights, bracing, and frameworks of
any structure, be it single-faced, double-faced, v-type, or otherwise,
exhibiting a sign.
A facility for the production and packaging of alcoholic
beverages of the following types (beer, distilled spirits, wine, or
alcoholic cider) for distribution, retail, or wholesale, on or off
the premises, and which meets all laws pertaining to the Federal Bureau
of Alcohol, Tobacco, and Firearms, Virginia Alcoholic Beverage Control
Authority, and Virginia Department of Agriculture and Consumer Services.
The establishment may include accessory uses such as a restaurant
or live entertainment as otherwise permitted in the zoning district.
[Added 3-27-2018]
A non-incinerating facility and/or site used for planned
treating, storing, and disposing of solid waste which are not considered
by the Department of Waste Management to be a hazardous or infectious
waste. A facility may consist of several treatment, storage, or disposal
units under regulation of the Department of Waste Management or other
applicable state or federal agency.
An exception to any provision of this chapter, permitted
within a district, provided that certain conditions or criteria specified
in the ordinance are met, requiring a special exception - special
use permit and approval of the Board of Supervisors or requiring a
special exception - conditional use permit and approval of the Board
of Supervisors.
A permit issued by the Administrator upon approval by the
Board of Supervisors to allow a special exception to be established
within a district.
Less than completely and opaquely covered human genitals,
pubic region, buttocks, female breasts below a point immediately above
the top of the areola and human male genitals in a discernibly turgid
state even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal,
acts of human masturbation, sexual intercourse or sodomy, fondling
or other erotic touching of human genitals, pubic region, buttocks
or female breasts.
Light which falls or is transmitted from a luminary in one
area or site into an adjoining area or site.
That portion of a building, other than the basement, included
between the surface of any floor and the surface of the floor next
above it. If there is no floor above it, the space between the floor
and the ceiling next above it.
A space under a sloping roof, which has the line of intersection
of roof decking and wall face not more than three feet above the top
floor level, and in which space not more than 2/3 of the floor plan
is finished off for use.
The dividing line between a street or road right-of-way and
the contiguous property.
A public thoroughfare which affords principal means of access
to abutting property.
A street which affords principal means of access to abutting
property, and encompassed by a right-of-way dedicated to public use
and maintained by a private corporation or adjacent landowners within
the platted subdivision, constructed to standards adopted by the County.
The right-of-way shall not be less than 40 feet except as may be provided
by the County Subdivision Ordinance.[2]
A street which affords principal means of access to abutting
property, and encompassed by a right-of-way dedicated to public use
and maintained by the Commonwealth as a part of the state primary
or secondary road system. The right-of-way shall not be less than
40 feet.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof.
Anything constructed or erected, the use of which requires
permanent location on the ground, or attachment to something having
a permanent location on the ground. This includes, among other things,
dwellings, buildings, signs, etc.
The division of land as defined in the Subdivision Ordinance
of Mathews County, Virginia.[3]
Division of a parent tract of land into more than five lots.
Division of a parent tract of land into not more than five
lots.[4]
The office or place of business utilized by massage therapists
certified by the state to render such services.[5]
Any one of a group of not less than three and not more than
eight attached dwelling units which have been constructed together
in a lateral row surrounded by yard space, each dwelling being separated
from another by a party wall.
A structure or vehicle mounted on wheels for use on roads,
propelled or drawn by its own or other motor power, and designed and
constructed to provide for temporary human habitation for one or more
persons or for the conduct of a business, profession, trade or occupation
or for use as a selling or advertising device.
An industrialized unit designed for transportation after
fabrication on streets and highways on its own wheels or on flatbed
and arriving at the site where it is to be occupied as an office complete
and ready for occupancy except for minor or incidental unpacking and
assembly operation, located on jacks or permanent foundation, connected
to utilities and the like.
A portable structure built on a chassis and originally designed
for use as a temporary office at a construction site.
A vehicle built on a chassis and designed to be used for
temporary occupancy.
Any solid waste storage or collection facility at which solid
waste is transferred from collection vehicles to haulage vehicles
for transportation to a central solid waste management facility for
disposal, incineration or resource recovery under regulation of the
Department of Waste Management or other applicable state or federal
agency.
A person who resides at a place other than his/her place
of residence for no more than 30 consecutive days in exchange for
compensation.
[Added 10-25-2016]
A structure or facility that is a relatively major component
of an infrastructure system providing community- or region-wide utility
services. Examples of major utility uses include potable water treatment
plants, water towers, wastewater treatment plants, solid waste facilities,
gas compressor stations, energy generating facilities that produce
electricity for use off-site, and electrical substations.
[Added 2-23-2021]
Structure or facility that by itself is a relatively minor
component of an infrastructure system providing community- or region-wide
services and that needs to be located in or near the neighborhood
or use type where the service is provided. Examples of minor utility
uses include water and sewage pipes, stormwater pipes and retention/detention
facilities, telephone lines and local exchanges, electric lines and
transformers, gas transmission pipes and valves, CATV lines, and energy
generating facilities that produce electricity for personal use.
[Added 2-23-2021]
One or more buildings constructed independently of each other,
designed for or used temporarily by tourists or transients. Cooking
facilities may be provided for each unit.
In the application of a zoning ordinance, a reasonable deviation
from those provisions regulating the shape, size, or area of a lot
or parcel of land or the size, height, area, bulk, or location of
a building or structure when the strict application of the ordinance
would unreasonably restrict the utilization of the property, and such
need for a variance would not be shared generally by other properties,
and provided such variance is not contrary to the purpose of the ordinance.
It shall not include a change in use, which change shall be accomplished
by a rezoning or by a conditional zoning.
[Amended 10-22-2019]
A place designated or maintained for the treatment of diseases
of animals. It may also include as a secondary use the housing, boarding,
breeding or otherwise keeping of or caring for animals.
The region drained by or contributing water to a stream,
creek, pond or other body of water.
The upper surface of the free groundwater in a zone of saturation
except when separated by an underlying of groundwater by unsaturated
material.
Any structure or land used for the sale of agricultural or
horticultural produce, livestock, or merchandise produced by the owner
or his family on their farm.
A facility designed and intended to be operated by a club
or organized group where hull and engine repair, boat and accessory
sales, packaged food sales, and a restaurant are permitted.
An open space on a lot other than a court, unoccupied and
unobstructed from the ground upward, except as otherwise provided
herein.
FRONTAn open, unoccupied space on the same lot as a building between the front line of the building (excluding steps) and the front line of the lot, and extending the full width of the lot.
REARAn open, unoccupied space on the same lot as a building between the rear line of the building (excluding steps) and the rear line of the lot, and extending the full width of the lot.
SIDEAn open, unoccupied space on the same lot as a building between the side line of the building (excluding steps) and the side line of the lot, and extending from the front yard line to the rear yard line.
Any area or structure utilized for relaxation, exercise,
or entertainment sponsored by a private nonprofit concern and reserved
for use by their members and guests only.
A document issued by the Administrator authorizing the use
of lots, structures, lots and structures, and the characteristics
of uses.
[1]
Editor's Note: The former definition of "boarding house,"
which immediately followed this definition, was repealed 10-25-2016.
[4]
Editor’s Note: The former definition of "temporary reception
facility," which immediately followed this definition, was repealed
1-23-2018. See now the definition of "event venue."
[5]
Editor's Note: The former definition of "tourist home," which
immediately followed this definition, was repealed 10-25-2016.
