See "stockyard/slaughterhouse."
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.
The use of an alternate material or color to a detail that
is emphasized by contrasting with its surroundings.
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.
Any land, building or structure, the use of which:
A measure of land equating to 43,560 square feet.
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.
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.
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.
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.
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.
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.
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:
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.
Any adult cabaret, adult motion-picture theater, video-viewing
booth or arcade booth.
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.
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.
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.
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.
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.
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.
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.
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]
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.
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.
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.
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]
See "dwelling, multifamily."
The Architectural Review Board.
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.
Shall include human remains and objects, such as tools, bottles,
dishes, flora and fauna, artifacts, features or ecofacts of prehistoric
American Indian and historic American periods, that can reveal information
on past lifeways, and areas which contain these objects such as graves,
wells, privies, trash pits, cellars, kilns, basements, foundations,
postholes, ditches, trenches, historic roadways or archaeological
sites.
[Added 4-27-2021 by Ord. No. 21-08]
The physical remains of any area of human activity greater
than 50 years of age for which a boundary can be established. Examples
of such sites include domestic/habitation sites, campsites, industrial
sites, earthworks, mounds, quarries, canals, and roads.
[Added 4-27-2021 by Ord. No. 21-08]
One who meets the United States Secretary of the Interior's Professional Qualification Standards for archaeology. For the purpose of § 72-50.5, an archaeologist must be a registered professional archaeologist or be associated with a member firm of the American Cultural Resources Association.
[Added 4-27-2021 by Ord. No. 21-08]
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.
A structure or series of structures dedicated to display
of visual and/or performance arts and related facilities.
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 building or structure designed or intended for use for
spectator sports, entertainment events, expositions, conferences,
seminars, product displays, recreation activities, wedding venues
or receptions, and other public gatherings, all occurring inside a
structure typically limited to a capacity of fewer than 300 occupants,
along with accessory functions including temporary outdoor displays,
and food and beverage preparation and service for on-premises consumption.
[Amended 7-13-2021 by Ord. No. 21-19]
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.
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.
Outdoor site or field designed for formal athletic competition
in field sports.
A facility in which merchandise receives bids through auctioning
process.
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.
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.
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]
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]
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.
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.
See "financial institution."
The volume of 31 gallons, used to measure the production
of beer.
[Added 1-10-2017 by Ord.
No. 16-29]
A portion of a building partly underground but having less
than one-half its clear height below the grade plane.
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]
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]
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]
An elongated earthen mound typically designed or constructed
on a site to separate, screen, or buffer adjacent uses.
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.
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]
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]
A garden having documented collections of living plants for
the purposes of scientific research, conservation, display, or education.
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.
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.
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.
The area of the lot where the building front is required
to be located. Build-to zones consist of:
[Added 9-8-2020 by Ord.
No. 20-17]
A combination of materials, whether portable or fixed, having
a roof to form a structure for the use or occupancy by persons or
property.
The Virginia Uniform Statewide Building Code, as amended;
may also be referred to as "USBC" or "VUSBC."
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. Within form-based codes, the building
front is the elevation parallel to the most-prominent frontage.
[Amended 9-8-2020 by Ord.
No. 20-17]
A building used for and in connection with the primary use
of the lot on which the building is situated.
A use type allowed in a particular zoning district without
a requirement for obtaining a special use permit.
The Board of Zoning Appeals.
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.
A tree that has an expected height at maturity of 30 feet
or more.
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.
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:
FULL SERVICEAn 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.
SELF-SERVICEAn 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.
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.
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.
A line lying midway between the side lines of a street or
alley right-of-way as measured in the horizontal plane.
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.
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.
CHILD DAY CENTERA child day program offered to:
CHILD DAY PROGRAMA 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.
FAMILY DAY HOMEA 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.
The Fredericksburg City Code.
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.
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]
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.
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.
A building used for recreational, social, educational and
cultural activities.
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.
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.
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.
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.
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.
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.
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.
Offices for building, heating, plumbing, or electrical contractors,
and related storage facilities.
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.
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.
Dwelling units associated with a religious order or congregation.
A facility designed to accommodate 300 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 300 people are assembly hall uses.
[Amended 7-13-2021 by Ord. No. 21-19]
A civic building, open to the public, where government offices
and courts of law are located and official civic business is conducted.
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]
A facility containing furnaces for the reduction of dead
bodies to ashes by fire.
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.
Establishments such as zoological gardens, conservatories,
planetariums, or other similar uses of an historic, educational, or
cultural interest, which are not operated for profit.
A domelike structure on top of a roof or dome, often used
as a lookout or to admit light and air.
The face of a curb along private streets, travelways, service
drives and parking bays and lots.
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]
The substantial deterioration or the complete or substantial
removal or destruction of any structure or external element of any
structure.
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.
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.
The diameter of a tree measured outside the bark at a point
4.5 feet above the ground.
An area delineated on the Official Zoning Map which sets
forth standards and guidelines for all development within the prescribed
district.
A zoning district that encompasses one or more underlying
zoning district and that imposes additional requirements above that
required by the underlying zoning district.
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.
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.
A vertical projection to the ground surface from the furthest
lateral extent of a tree's leaf canopy.
A facility designed to enable a person to transact business
while remaining in a motor vehicle.
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]
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.
A freestanding establishment that is engaged in the retail
sale of prescription drugs, nonprescription medicines, cosmetics,
and related supplies.
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.
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.
Two single-family dwelling units connected by a common vertical
wall, common party wall, a common floor or ceiling, or permanent connecting
structure such as a breezeway, carport, or garage. Each dwelling unit
may be located on its own lot, or both may be located on a single
lot.
[Amended 9-8-2020 by Ord.
No. 20-20]
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.
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 single-family residential unit:
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;
Designed to be transported after fabrication on its own wheels
or on a flatbed or other trailer or with detachable wheels;
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
Designed for removal to and installation or erection on other
sites.
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.
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.
A residential building containing five 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.
[Amended 9-8-2020 by Ord.
No. 20-20]
A group of three or more single-family dwelling units which
are 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; up to four such units if located
on a single parcel of ground, or more on adjacent individual lots.
A fire-resistance rating shall separate each unit as required by the
Building Code. Each unit shall have its own at-grade exterior entrance,
which may be accessed by an unheated shared foyer. Architectural facades
or treatment of materials may be varied from one group of units to
another. The term includes structures such as semidetached garden
court dwellings, patio houses, zero-lot-line dwellings, triplexes,
quadplexes, and townhouses. This term also includes stacked townhouse
dwellings with dwelling units arranged in vertical stacks of two units.
This definition includes dwellings commonly referred to as "piggyback"
townhouses and "two-over-two" townhouses.
[Amended 9-8-2020 by Ord.
No. 20-20; 1-23-2024 by Ord. No. 23-22]
[Amended 10-14-2014 by Ord. No. 14-35]
A residential building containing only one dwelling unit and
not occupied by more than one family.
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.
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.
A dwelling unit located on the second floor or higher of
a building with nonresidential uses located on the first floor.
A grant by a property owner of the use of his land to another
party for a specific purpose.
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.
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.
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.
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.
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]
An increase in the size of an existing structure or use,
including physical size of the property, building, parking, and other
improvements or structures.
Modifications to the exterior surface or materials of a building.
A property line that abuts land outside the development site
that is not included in a frontage. This term is used in the Form-Based
Code Appendix.
[Added 9-8-2020 by Ord.
No. 20-17]
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.
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.
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.
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.
Shall have the meaning set forth within Code of Virginia
§ 15.2-2291.1.
The Federal Communications Commission.
A structure used to delineate a boundary or act as a barrier
or means of protection, confinement, or screening.
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.
See "police, fire, or EMS facility."
The Virginia Statewide Fire Prevention Code.
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.
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.
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.
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.
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).
The amount of light that falls onto a surface as emitted
by an exterior lighting device.
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]
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).
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.
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.
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]
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]
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]
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]
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]
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.
A building used for the preparation of the deceased for funeral
and the ceremonies connected therewith before burial or cremation.
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.
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.
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.
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.
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.
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.
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.
A facility housing government shops, maintenance and repair
centers, equipment, and outdoor storage yards.
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.
An establishment engaged in retail and/or wholesale sale
of food, foodstuffs, sundries, or other common household items to
members of the public.
A residential facility in which no more than eight individuals:
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
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).
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.
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.
The Historic Fredericksburg District.
For the purposes of this UDO, any structure or building that
is:
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;
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;
Individually listed on the Virginia Landmarks Register; or
Individually listed on a local inventory of historic places.
An accessory office or retail use taking place in a detached
structure constructed to serve a historic property.
An accessory dwelling unit intended for overnight lodging
and taking place in a detached structure constructed to serve a historic
property.
For the purposes of this UDO, an historic structure is used
to distinguish from buildings those functional constructions made
for purposes other than 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.
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.
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.
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]
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.
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.
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:
[Amended 2-11-2014 by Ord. No. 14-12]
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
Intended for, and solely occupied by, persons 62 years of age
or older; or
Intended for, and solely occupied by, at least one person 55
years of age or older per unit.
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.
A facility that burns refuse at high temperatures to reduce
the volume of waste.
For the purposes of the Chesapeake Bay Preservation Overlay
District, vacant land in previously developed areas.
A vacant or underused property in an established neighborhood
or business district that can be built upon or redeveloped.
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.
Any land designated by City Council where development is
concentrated and little of the natural environment remains. IDAs shall
include lands where:
A property line that divides land within the development
site that is not included within a frontage. This term is used in
the Form-Based Code Appendix.
[Added 9-8-2020 by Ord.
No. 20-17]
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.
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.
The earth, water, and air, above, below, or on the surface,
and includes any improvements or structures customarily regarded as
land.
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.
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.
A facility where patrons wash, dry, or dry-clean clothing
or other fabrics in machines operated by the patron.
A public facility for the use, but not sale, of literary,
historical, scientific, musical, artistic, or other reference materials.
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.
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. Examples include, but are not limited
to, production of 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.
[Added 6-8-2021 by Ord. No. 21-16]
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.
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.
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]
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]
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]
A parcel of land, occupied or intended for occupancy:
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
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.
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.
Restrictions and specifications governing the dimensions
of a lot, including, without limitation area, measured in acres or
square feet, length, and width.
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.
Vehicles and equipment intended primarily for recreational
purposes, including, but not limited to: boats, campers, recreational
vehicles, motor homes, and travel trailers.
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]
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]
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.
A permanent roof-like structure projecting over an entrance.
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.
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.
Facilities and offices for performing diagnostic or therapeutic
medical procedures of a nonsurgical nature.
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]
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]
[Amended 7-13-2021 by Ord. No. 21-19]
A tract of land or structure developed for two or more different
use groups from the following list:
Residential (including all Residential use categories);
Lodging (including the Visitor Accommodations use category);
Office and Educational (including the Offices, Health Care Facilities,
Educational Facilities, and Government Facilities use categories);
Retain and Consumer (including Alcoholic Beverage Production,
Eating Establishments, Indoor Recreation, and Retail Sales and Services
use categories and Light Manufacturing in the Creative Maker District).
In a mixed-use development, no single use group shall make up
more than 75% of the total gross floor area of the development, and
all uses are functionally integrated and share vehicular use areas,
ingress and egress, and pedestrian access.
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.
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.
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.
See "hotel and motel."[2]
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.[3]
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.
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.
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.
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.
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.
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.
Any group of three or more office/commercial uses which:
[Added 11-14-2017 by Ord.
No. 17-22]
Are designed as a single commercial group, whether or not located
on the same lot;
Are under common ownership, management, or property owners'
association;
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;
Share a common parking area or driveways; and
Otherwise present the appearance of one continuous commercial
area.
Any area outside the boundary of a lot.
That area which is within the boundary of a lot.
A measurement indicating the degree of obscuration of light
or visibility.
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.
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.
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.
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]
The placement of products or materials (other than vehicles)
for sale outside the entrance of a retail or wholesale sales establishment.
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.
Any person who has legal title to land.
Any parcel of land containing a free-standing use within
a shopping center or commercial development.
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.
The parking module consisting of one row of parking spaces
or stalls and the aisle from which motor vehicles enter and leave
the spaces.
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.
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.
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.
A vehicular accessway located within an off-street parking
or vehicular use area which serves individual parking stalls and driveways.
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.
An off-street parking area provided on a different parcel
than the use it is intended to serve.
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.
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.
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).
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.
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.
A parking space within a group of two or more parking spaces
arranged one behind the other.
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.
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.
A right-of-way intended for pedestrian movement/activity,
including but not limited to, sidewalks, internal walkways, external
and internal arcades, and plazas.
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.
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.
See "drugstore or pharmacy."
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.
The dormant time of the year for trees beginning with leaf
drop and ending with bud break; generally late fall to early spring.
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.
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.
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]
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]
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.
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.
A building in which the primary use of the lot on which the
building is located is conducted.
The main use of land or structures as distinguished from
a secondary or accessory use.
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.
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.
See "sign, public art."
[Added 11-14-2017 by Ord.
No. 17-22]
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.
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.
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.
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.
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, bowling alleys, dancehalls,
skating rinks, indoor commercial swimming pools, and racquet and tennis
club facilities (indoor).
[Amended 7-13-2021 by Ord. No. 21-19]
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.
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]
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.
For the purposes of stormwater management, the addition or removal
of impervious cover on a parcel with existing impervious cover of
5% or greater.
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.
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]
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]
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]
The upgrading of a building previously in a dilapidated or
substandard condition for human habitation or use.
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.
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."
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.
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.
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.
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.
See "eating establishment."
The replication or reconstruction of a building's original
architectural features. The term shall include the technique of preserving
historic buildings.[4]
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.
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.
The area inside the dripline of a tree that contains its
roots.
Any special apparatus, antenna, receiver or power supply
designed to receive radio or television signals from manmade satellites
traveling in orbits around the earth.
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.
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.
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."
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.
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.
Any group of two or more commercial uses which:
Are designed as a single commercial group, whether or not located
on the same lot;
Are under common ownership or management;
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;
Share a common parking area; and
Otherwise present the appearance of one continuous commercial
area.
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]
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.
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]
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.[5]
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]
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][6]
A grouping or arrangement of triangular or irregular pieces
of fabric or other material, whether or not containing a message of
any kind, attached in strings or strands, and displayed in a manner
that allows the pieces to flap in the wind.
[Added 6-8-2021 by Ord. No. 21-15]
A sign that is designed to be transported, including, but
not limited to, signs designed to be transported by means of wheels.
[Amended 11-14-2017 by Ord. No. 17-22; amended 6-8-2021 by Ord. No. 21-15]
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]
Any sign that extends above:
[Added 11-14-2017 by Ord.
No. 17-22]
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][7]
A sign constructed of cloth, canvas, plastic sheet, wallboard,
plywood or other light material, designed or intended to be displayed
for a limited period of time, rather than permanently attached to
the ground or a structure.
[Added 6-8-2021 by Ord. No. 21-15]
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]
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.
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.
[Added 10-24-2017 by Ord. No. 17-27]
A wireless facility that meets both of the following qualifications:
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
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.
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.
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]
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]
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.
A system designed to convert solar radiation into usable
energy for space, water heating, or other uses.
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 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.
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]
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]
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.
See "arena."
A site where livestock is stored and butchered for food.
The bulk storage, blending, and distributing of materials
that are flammable or explosive or that present hazards or the conditions
commonly recognized as offensive.
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.
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.
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.[8]
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.
A local street, one end of which is closed, having a circular
turnaround.
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.
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.
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.
Any street so classified by the state department of highways
and transportation, bearing a route number less than 600.
A local or collector street, not a component of the state
primary or secondary system, which is maintained by a private person.
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.
Any street so classified by the state department of highways
and transportation, bearing a route number of 600 or greater.
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.
A tree that is planted along the edge of an improved street.
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.
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]
To create a subdivision, sell, convey, transfer, lease, or
assign any part of a lot parcel, or tract of land.
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]
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]
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.
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]
A subdivision of land involving more than 50 lots.
[Amended 2-24-2015 by Ord. No. 15-05]
A subdivision of land that involves 10 to 50 lots.
[Amended 2-24-2015 by Ord. No. 15-05]
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.
An above- or below-ground structure that is filled with water
and used for swimming.
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:
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.
Any structure or equipment used as a radio, satellite, telecommunications,
or transmission antenna.
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]
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]
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.
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).
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.
Vegetated and nonvegetated wetlands, as defined in § 28.2-1300
of the Code of Virginia, as amended.
Physical alterations or other techniques intended to make
neighborhood streets unattractive for to speeding motorists or to
cut-through traffic.
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.
The percentage of the facade of a building adjacent to a
street or formal open space that consists of windows and doors. In
order to be considered transparent, windows must be clear and allow
views inside the ground-story space to a depth of three feet and doors
must be operable.
[Added 1-22-2019 by Ord.
No. 19-01; amended 9-8-2020 by Ord. No. 20-17]
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.
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).
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."
A tree that has an expected height at maturity of no greater
than 30 feet.
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]
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.
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.
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.
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.
The Virginia Department of Transportation.
The VDOT Road Design Manual, VDOT Road and Bridge Standards
and VDOT Road and Bridge Specifications, individually and collectively.
Any indigenous tree, shrub, ground cover or other plant adapted
to the soil, climatic, and hydrographic conditions occurring on the
site.
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.
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]
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.
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.
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.
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.
A use engaged in distribution or storage of manufactured
products, supplies, and equipment.
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:
Ports;
The intake and outfall structures of power plants, water treatment
plants, sewage treatment plants, and storm sewers;
Public flood-control facilities;
Marinas and other boat docking structures;
Beaches and other water-oriented recreation areas; and
Fisheries or other marine resources facilities.
For the purposes of the Chesapeake Bay Preservation Overlay
District, tidal and nontidal wetlands.
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.
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]
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]
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
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration.
"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]
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]
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.
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 "new construction," which immediately followed this definition, was repealed 2-28-2023 by Ord. No. 23-02. See now § 72-34.3.
[4]
Editor's Note: The former definition of "resubdivision," which
immediately followed, was repealed 2-24-2015 by Ord. No. 15-05.
[5]
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.
[6]
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.
[7]
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.
[8]
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.”
