[Amended 9-23-1997 by Ord. No. 97-7; 11-26-2002 by Ord. No.
02-12]
For the purpose of promoting the health, safety
or general welfare of the public and of further accomplishing the
objectives of § 15.2-2283, Code of Virginia, as amended,
the following is adopted as the Zoning Ordinance of Shenandoah County,
Virginia, together with the accompanying maps. This chapter is intended
to give effect to the policies and objectives set forth in the Comprehensive
Plan of Shenandoah County.
This chapter is known and may be cited as the
"Zoning Ordinance of Shenandoah County, Virginia."
A.
Words used in the present tense include the future
tense; words used in the singular number include the plural number,
and words in the plural number include the singular number; unless
the obvious construction of the wording indicates otherwise. Any reference
to gender shall include both the masculine and the feminine.
B.
The word "shall" is mandatory; "may" is permissive.
C.
Unless otherwise specified, all distances shall be
measured horizontally and at right angles to the line in relation
to which the distance is specified.
D.
The word "building" includes the word "structure";
the word "lot" includes the words "plots" and "parcels."
E.
The word "used" includes "erected," "reconstructed,"
"altered," "placed" or "moved."
F.
The terms "land use" and "use of land" include "building
use" and "use of building."
G.
The word "state" means the Commonwealth of Virginia.
H.
The word "County" means the County of Shenandoah,
Virginia.
I.
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual.
For the purpose of this chapter, certain words
and terms are defined as follows:
A public or private right-of-way providing the ability to
enter, approach or pass to and from one area to another area.
A subordinate use or structure customarily incidental to
and located upon the same lot occupied by the main use or building.
A parcel of land, regardless of area, described by metes
and bounds which is not a numbered lot on any recorded subdivision
plat.
A person who is, by resolution of the Board of Supervisors,
charged with the enforcement of this chapter.[1]
An adult theatre, adult store, adult model studio, adult
motel, adult nightclub or any business providing adult entertainment,
or any other establishment that regularly emphasizes materials, merchandise,
entertainment or demonstrations relating to specified sexual activities
or specified anatomical areas or is intended for the sexual stimulation
or titillation of patrons. Adult businesses are distinct from and
mutually exclusive of all other uses defined or referenced in this
Code. Accordingly, if a use falls within the definition of an adult
business, it cannot qualify as a retail store, restaurant, or other
use.
[Added 9-23-2014 by Ord. No. 2014-07]
Dancing, modeling or other live entertainment in which the
performance is characterized by an emphasis on specified anatomical
areas or specified sexual activities, or is intended for the sexual
stimulation or titillation of patrons. Adult entertainment also includes
the presentation of materials or images (irrespective of the media)
characterized by their emphasis on specified sexual activities or
specified anatomical areas or the intent to provide sexual stimulation
or titillation of patrons.
[Added 9-23-2014 by Ord. No. 2014-07]
Magazines, books, other periodicals, videotapes, films, motion
pictures, photographs, slides, CD-ROMs, DVD-ROMs, virtual reality
devices, or other similar media that are characterized by their emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas; 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; or lingerie or leather goods marketed or presented
in a context to suggest their use for sadomasochistic practices.
[Added 9-23-2014 by Ord. No. 2014-07]
A commercial establishment, including a lingerie store or
novelty store, in which a person performs or simulates specified sexual
activities, exposes specified anatomical areas, or engages in other
performances intended for the sexual stimulation or titillation of
patrons.
[Added 9-23-2014 by Ord. No. 2014-07]
A motel, hotel, or similar commercial establishment that
provides patrons with closed-circuit television transmissions, films,
motion pictures, magazines, books, other periodicals, videotapes,
films, photographs, slides, CD-ROMs, DVD-ROMs, videocassettes, virtual
reality devices, or other similar media, or other photographic reproductions
that are characterized by the depiction or description of specified
sexual activities or specified anatomical areas and may advertise
the availability of this sexually oriented type of material by means
of a sign visible from the public right-of-way, or by means of any
off-premises advertising, including, but not limited to, newspapers,
magazines, pamphlets or leaflets, radio or television; or offers a
sleeping room for rent for a time period less than 10 hours; or allows
a tenant or occupant to sub-rent the sleeping room for a time period
of less than 10 hours.
[Added 9-23-2014 by Ord. No. 2014-07]
A restaurant, bar, club or similar establishment that regularly
features adult entertainment.
[Added 9-23-2014 by Ord. No. 2014-07]
An establishment which sells or rents materials (whether
printed or in electronic, optical, magnetic, or other media) characterized
by their emphasis on specified sexual activities or specified anatomical
areas or their predominant purpose being to provide sexual stimulation
or titillation of patrons, or toys, novelties, instruments, devices
or paraphernalia which represent human genital organs or female breasts,
or designed or marketed primarily for use to stimulate human genital
organs. If the aforementioned items constitute only an insubstantial
portion of an establishment's stock-in-trade, the establishment shall
not be considered an adult store. For purposes of this paragraph,
an "insubstantial portion" is less than 5% of the establishment's
stock-in-trade.
[Added 9-23-2014 by Ord. No. 2014-07]
An establishment which presents for the viewing or listening
of patrons materials characterized by their emphasis on specified
sexual activities or specified anatomical areas or the intent to provide
sexual stimulation or titillation of patrons.
[Added 9-23-2014 by Ord. No. 2014-07]
The tilling of the soil, the raising of crops, horticulture,
forestry and gardening, including the keeping and raising of animals,
fish and fowl.
Those activities described in to § 15.2-2288.6(A)
of the Code of Virginia, as it may be amended from time to time.
[Added 9-23-2014 by Ord. No. 2014-05]
A place where aircraft may take off or land, discharge or
receive cargoes and/or passengers, be repaired, take on fuel, or be
stored, provide flight instructions and where fees are charged for
one or more of these services.
[Amended 1-24-1985]
An area of land where, with the consent of the owner thereof,
aircraft may take off or land, be stored or repaired and where no
fee is charged by said owner.
[Added 1-24-1985]
Crushed rock, gravel, concrete, blacktopping and macadam
or similar surface.
Any change in the total floor area, use, adaptability or
external appearance of an existing structure.[2]
A change in this chapter and/or the Zoning Map granted by
the Board of Supervisors after a public hearing and review and comment
by the County Planning Commission.
A commercial recreational activity of a permanent nature
offering amusements and operating either seasonally or all year long.
[Added 10-11-1994; amended 6-27-2023 by Ord. No. 2023-07]
The unit of measure used to determine the appropriate density
at which livestock can be raised subject to the restrictions imposed
by this chapter.
For the purpose of this chapter, the following agricultural
animals shall constitute one animal unit:
One adult bovine animal (cattle, buffalo, etc.).
Two camelid animals (llamas, alpacas, etc.).
One large equine animal (horse).
Two small equine animals (pony, donkey, mule, etc.).
Five ovine animals (sheep, etc.).
Five caprinae animals (goats, etc.).
Five leporidae animals (rabbits and hares).
One porcine animals (pigs, etc.).
Two large poultry (ostriches, emus, etc.).
One agricultural animal that does not fit any of the above-referenced
categories.
A building used or intended to be used as the residence of
three or more families living independently of each other.
The person or entity who submits an application to the locality
for a permit.
[Added 1-7-2020 by Ord.
No. 2020-02]
A site identified by the Virginia Department of Historical
and Cultural Resources or National Register of Historic Places.
[Added 4-25-2023 by Ord. No. 2023-01]
A licensed professional architect, registered in the Commonwealth
of Virginia by the Department of Professional and Occupational Registration
as an architect.
A detailed blueprint of the building and the land around
it as actually constructed.
[Added 4-25-2023 by Ord. No. 2023-01]
A facility that mixes asphaltic or bituminous liquid with
stone aggregate to form a bituminous concrete and/or asphalt mixture
which is normally used for surfacing roads, driveways and parking
lots to form a hard, nonporous, relatively smooth surface.
[Added 1-24-1985]
A structure used for the fitting together of parts or components
to form a complete product.
The space between the ceiling beams of the top habitable
story and the roof rafters. An "attic" shall be considered a half-story
and shall be included in the calculation of the building height.
A place where real property or goods are sold by auction.
[Added 4-27-2004 by Ord. No. 2004-05]
Any lot or place which is exposed to the weather upon which
more than five motor vehicles of any kind, incapable of being operated
and which it would not be economically practical to make operative,
are placed, located or found.
[Amended 5-27-1997 by Ord. No. 97-3; 9-24-2019 by Ord. No.
2019-10]
A lot or portion thereof, other than an automobile sales
lot, held out or used for the storage or parking of six or more motor
vehicles for a consideration, where service or repair facilities are
not permitted. Such parking lot shall not be considered an accessory
use; nor shall it be used for the storage of dismantled or wrecked
motor vehicles, parts thereof or junk.
A lot arranged, designed or used for the storage and display
for sale of any three or more new or used motor vehicles capable of
independent operation or any type of travel trailer and/or recreational
vehicle, provided that the travel trailer and/or recreational vehicle
is unoccupied, and where repair work is done wholly enclosed within
a building.
Any place of business with pumps and underground storage
tanks, having as its purpose the servicing, at retail, of motor vehicles,
but not including a paint or body shop, machine shop or vulcanizing
shop.
An area where destroyed, abandoned and/or obsolete automobiles
are disassembled and where parts of said disassembled automobiles
are generally sold, and where the remaining automobile bodies and
their components are stored until they can be removed or reduced to
scrap metal.
A story having part but not more than 1/2 of its height below
grade. A "basement" shall be counted as a story for the purpose of
height regulations if it is used for business purposes or for dwelling
purposes by other than a janitor employed on the premises.
An area identified as a core in Shenandoah County Comprehensive
Plan per the Federal Civil War Sites Advisory Commission Report on
the Nation's Civil War Battlefields.
[Added 4-25-2023 by Ord. No. 2023-01]
An area identified for study in Shenandoah County Comprehensive
Plan per the Federal Civil War Sites Advisory Commission Report on
the Nation's Civil War Battlefields.
[Added 4-25-2023 by Ord. No. 2023-01]
A structure which is used to provide overnight accommodations
for paying guests staying no more than 30 consecutive days, with common
rooms (living, dining, etc.) available for use by the guests, offering
at least one meal per day to each person to whom overnight lodging
is provided, and the owner or manager living on the same parcel or
an adjacent parcel. A bed-and-breakfast shall have no more than 15
bedrooms available for rent.
[Added 1-22-2002 by Ord. No. 02-2; amended 3-25-2008 by Ord. No.
2008-1; 1-26-2021 by Ord. No. 2021-02]
The Board of Zoning Appeals of Shenandoah County.
A building where, for compensation, lodging and meals are
provided for five to 13 persons.
The sale and service of boats and boat accessories. The term
"service" shall mean routine maintenance as well as minor repairs
to hulls, decks and other boat components as long as the repair does
not involve the use of fiberglass or gel coat. "Service" shall also
include engine replacement, repair or complete overhaul.
[Amended 2-9-1993]
A brewery licensed under Code of Virginia, § 4.1-208(2),
but only to the extent that local regulation is prohibited by Code
of Virginia, § 15.2-2288.3:1.
[Added 9-23-2014 by Ord. No. 2014-06]
Any decorative or ornamental device or natural growth, or
a combination thereof, which shall serve as a barrier to vision or
noise between adjoining properties or a property and street, wherever
required by this chapter. Whenever used for screening or buffering
purposes, "natural growth" shall be taken to mean bushes, trees or
shrubbery.
Any structure having a roof supported by columns or walls
for the housing, shelter or enclosure of persons, animals or property
of any kind.
A subordinate structure customarily incidental to and located
upon the same lot occupied by the main structure.
The maximum area of a lot which can be located under the
roof or projection from buildings.
An area not greater than 20% of the total lot area, shown
for all lots within an open space development subdivision, which defines
the area on the lot within which the principal structure must be built.
[Added 12-14-2010 by Ord. No. 2010-14]
That one face or wall of a building which is architecturally
designed as the front of a building which normally contains the main
entrance(s) for use by the general public.[3]
The principal building or one of the principal buildings
on a lot, or the building or one of the principal buildings housing
the principal use on the lot.
A building constructed or converted for a principal use as
space(s) for business, professional and/or administrative offices,
but shall not include storage yards or warehousing operations. No
permit for any office building exceeding 1,500 square feet shall be
approved in conservation, agriculture or residential districts unless
a special use permit is secured.
[Added 6-8-1982]
A structure(s) and/or container(s) designed for and used
as storage facilities for oil, fuel oil or other petroleum products,
usually stored in large quantities. Such use may also consist of facilities
for the distribution of said products to customers and storage and
services of associated vehicles.
A vehicular portable structure mounted on wheels, constructed
with collapsible, partial sidewalls of fabric, plastic or other pliable
materials for folding compactly while being transported.
An area, whether publicly or privately owned, upon which
are located sites for three or more travel trailers, camping trailers,
motor homes, cabins or tents for seasonal or temporary recreational
occupancy. "Camps" include land and buildings used by recreational
vehicle parks, civic, religious and social organizations for social,
recreational, educational and/or religious activities on a seasonal
basis.
[Amended 8-13-1996; 1-26-2021 by Ord. No. 2021-02]
A roofed space having at least one side permanently open
to the weather, primarily designed or used for parking motor vehicles.
A building or portion thereof containing facilities for washing
and/or waxing two or more automobiles, using a chain conveyor, blower,
steam cleaning device or other mechanical devices, either by the patron
or others.
A state-licensed facility in which four or more aged, infirm,
disabled, or mentally impaired persons who reside elsewhere over the
age of 18 years, not including those who are related by blood, marriage,
or adoption to the people who maintain the facility, are received
for care, protection and guidance, including meals, during only part
of the twenty-four-hour day. This includes two or more places, establishments
or institutions owned, operated or controlled by a single entity providing
care for a combined total of four or more aged, infirm, disabled,
or mentally impaired adults.
A place used to house and care for stray cats until adopted
by new owners or euthanized. The operation of such cat shelters shall
be restricted to the Shenandoah County Humane Society or Shenandoah
County.
[Amended 3-23-1993; 11-26-2002 by Ord. No. 02-12]
A natural chamber or series of chambers in the earth or in
the side of a hill or cliff that was not formed by animals or humans
and wherein pure darkness can be achieved where no sunlight can reach
the space so depicted on the most recent Virginia Natural Heritage
Data Explorer.
[Added 4-25-2023 by Ord. No. 2023-01]
A space having more than 1/2 of its height below grade. A
cellar shall not be counted as a story but the exposed portion in
the front of the structure shall be counted as part of the height
requirements.
A burial ground of a single or multiple human bodies and/or
body parts.
[Added 4-25-2023 by Ord. No. 2023-01]
A line lying between the side lines of a street right-of-way.
A written statement, based on an inspection and signed by
the Zoning Administrator, setting forth that a building, structure,
sign and/or land complies with this chapter, and/or that a building,
structure, sign and/or land may be lawfully used for specific purposes,
as specified herein.
Preschool programs operated by private schools accredited
by an accrediting organization.
[Added 4-23-2013 by Ord. No. 2013-02]
A state-licensed facility in which child day programs are
offered to two or more children under the age of 13 years in a facility
that is not the residence of the provider or of any of the children
in care or to 13 or more children at any location.
[Added 1-22-2002 by Ord. No. 02-2; amended 4-23-2013 by Ord. No.
2013-02]
A regularly operating service arrangement for children in
which a person or organization has agreed to assume responsibility
for the protection, supervision and well-being of a child under the
age of 13 for only part of a twenty-four-hour period.
[Added 4-23-2013 by Ord. No. 2013-02]
A flue, pipe, funnel, or other structure through which smoke
or other gases are discharged at a height of 45 feet or less.
[Added 8-24-2010 by Ord. No. 2010-09]
The Circuit Court of Shenandoah County, Virginia.
An establishment where people who are not lodged overnight
are admitted for examination and/or treatment by doctors or dentists.
Building(s) and other facilities owned or operated by a corporation,
association, person or persons for a social, educational or recreational
purpose, but not primarily for profit or to render a service which
is customarily carried on as a business.[5]
Any lot within an open space development subdivision that
is not an open space lot or a conservation lot.
[Added 12-14-2010 by Ord. No. 2010-14]
Any retail or service business activity established to carry
on trade for a profit.
The Planning Commission of Shenandoah County, Virginia.
An open tract or parcel of land owned in undivided interest,
not devoted to structures but directly related to a development, as
herein provided.
A meeting within Shenandoah County that is open to the public.
[Added 4-25-2023 by Ord. No. 2023-01]
The Shenandoah County Comprehensive Plan, 2025, adopted June
28, 2005.
[Amended 8-23-2005 by Ord. No. 2005-9]
A permanently preserved open space lot of not less than 30 acres in area that is created as part of an open space development subdivision, as specified in § 165-73, and which may be developed with one principal residential dwelling and other uses as provided in § 165-73D.
[Added 12-14-2010 by Ord. No. 2010-14]
An area specifically designated for the protection and/or
increase in number or type of wildlife, forestry or unique forms of
vegetation.
The total necessary land required for all buildings or uses
within a unified development before a zoning permit may be issued.
For the purpose of implementing Article XI, "contiguous" shall mean sharing a common boundary line or located directly across a public road (other than an interstate highway), a private road or private access easement.
[Added 11-8-1994]
See "nursing home."[6]
A facility used for business or professional conferences,
seminars, and training programs, which may include accommodations
for sleeping, eating and recreation by participants.
[Added 11-25-2003 by Ord. No. 2003-7]
Includes a golf course, club house and accessory uses and
buildings which are publicly or privately owned and may include other
uses such as restaurants, snack bars, tennis courts, swimming pools,
pro shops, riding stables, tack shops.
[Amended 2-11-1992]
A place of lodging in a predominantly rural area where a
traveler may obtain meals, lodging or both.
[Added 11-25-2003 by Ord. No. 2003-7]
Slopes of 15% or greater as determined by reference to either
current topographic mapping available from the County or a more accurate
field survey certified by a professional surveyor or engineer. Slopes
of 15% or greater which are lawfully created by humans within a development
that was approved by the County shall not be considered critical slopes.
Critical slopes are broken down into the following categories:
[Added 4-25-2023 by Ord. No. 2023-01]
A local street, one end of which is closed, having an appropriate
turnaround for a safe and convenient reverse traffic movement.
[Amended 3-28-2017 by Ord. No. 2017-04]
A commercial establishment for the manufacture, processing
and/or sale of dairy products.
The process of restoring a site to the conditions that existed
prior to the commencement of a permitted project, which includes the
completion of all steps outlined in a decommissioning plan.
[Added 4-25-2023 by Ord. No. 2023-01]
A plan demonstrating the removal of structures, materials,
buildings, roads (unless the previous items are to be retrofitted
for another purpose), cabling, electrical components, large-scale
operational equipment, and any other associated facilities at the
abandonment or closure of a project slated for decommissioning.
[Added 4-25-2023 by Ord. No. 2023-01]
An area composed of five or more parcels of less than six
acres each, which are contiguous to each other and on each of which
is situated an existing dwelling, school, church and/or nonagricultural
use.
[Added 11-8-1994]
The Strasburg Annexation Area, the Toms Brook Maurertown
Sanitary District, and any other designated growth area approved by
the Shenandoah County Board of Supervisors by adoption of an ordinance
amending and adding to this definition.
[Added 11-8-1994]
The process of erecting or causing to be erected buildings
or structures on a lot.
A division of territory within Shenandoah County within which
certain uniform standards apply under the provisions of this chapter.
An area directly impacted by construction and operation of
a permitted project, including without limitation buildings, buffers,
ground-mounted equipment, excavation, landscaping, parking, roads,
sidewalks, soil and material stockpiles, trails, and wildlife corridors.
[Added 1-12-2021 by Ord. No. 2021-01; amended 4-25-2023 by Ord. No. 2023-01]
Any building used for housing seasonal laborers on a temporary
basis and not to be used as permanent year-round dwellings. Such buildings
shall be occupied only during apple thinning, apple harvest, and tree
pruning seasons.
[Added 11-27-2001 by Ord. No. 01-7]
Any place or premises used for sale, dispensing or serving
of food, refreshments or beverages in automobiles, including those
establishments where customers may serve themselves and may eat or
drink the food, refreshments or beverages in motor vehicles on the
premises; a refreshment stand; a fast-food or primarily a carry-out
establishment.
A space or area specifically designated and reserved on a
lot for the movement of vehicles from one lot to another or from a
lot to the public street.
A two-family residential structure; the residential units
may be arranged one above the other, or be semidetached.[7]
A dwelling unit located on a lot in addition and subordinate
to the principal dwelling.
[Added 11-8-1994]
For the purpose of implementing Article XI, either of the following shall constitute an "existing dwelling"; provided, however, that the dwelling is not owned by the poultry or hog grower proposing or operating the poultry or hog facility:
A structure, designed for residential use, which
is occupied on the date a completed application for a poultry or hog
facility permit is received by the office of the Zoning Administrator;
or
A structure, designed for residential use, which
is not occupied on the date a completed application is received, but
which has been issued a certificate of occupancy or which has been
occupied for any period of time within the two years immediately preceding
the date on which a completed application for a poultry facility permit
is received by the office of the Zoning Administrator.
A structure arranged or designed to be occupied by more than
two families.
A dwelling unit attached to another dwelling unit by a common
wall without openings. Such structure shall be considered a two-family
structure.
A detached structure arranged or designed to be occupied
by one family, the structure having only one dwelling unit. A "single-family
dwelling" includes a group home.
[Amended 9-23-1997 by Ord. No. 97-7]
A structure arranged or designed to be occupied by two families,
the structure having only two dwelling units.
One or more rooms in a dwelling designed for living or sleeping
purposes and having at least one kitchen. All dwelling units shall
be constructed in accordance with the Shenandoah County Building Code[9] to include a permanent foundation, approved sanitary facility
from the Virginia Department of Health, and receive a certificate
of occupancy.
[Amended 6-13-2023 by Ord. No. 2023-02]
A right given by the owner of land to another party for specific
limited use of that land.
A professional report detailing the local and regional economic
impact of a subject, including but not limited to agricultural/tourism
revenue, employment, and taxation. The report shall include the methods
and reasoning for the results.
[Added 4-25-2023 by Ord. No. 2023-01]
A person who is registered with the State Department of Professional
and Occupational Registration as a professional engineer.
Constructed, reconstructed, moved or structurally altered.
One or more persons related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit; or a number
unrelated persons, but not exceeding eight, living and cooking together
as a single housekeeping unit, though not related by blood, adoption
or marriage.[10]
[Amended 9-23-1997 by Ord. No. 97-7]
A state-licensed facility in which six to 12 children under
the age of 13, not including children of the provider or children
who reside in the home, are kept for only part of a twenty four hour
period. The care may be offered in the home of the provider or in
the home of any of the children in care.
[Added 4-23-2013 by Ord. No. 2013-02]
Family day homes not required to be licensed by the Virginia
Department of Social Services. These homes have fewer than six children
in care, not including the provider's own children or any children
that reside in the home.
[Added 4-23-2013 by Ord. No. 2013-02]
Family day homes not required to be licensed by the Virginia
Department of Social Services but that choose to register with VDSS
through a VDSS-contracted agency. These homes have fewer than six
children in care, not including the provider's own children or any
children that reside in the home.
[Added 4-23-2013 by Ord. No. 2013-02]
A licensed limited beer brewery located on a farm with a
growing area for barley, malt, fruit, or hops or agreements for the
purchase of barley, malt, fruit, or hops from agricultural growers
within the Commonwealth of Virginia and with facilities for fermenting
and bottling beer on the premises where the owner or lessee manufactures
beer. A farm brewery may, during regular business hours conduct on-premises
sale, tasting, or consumption of beer; sell and ship beer in accordance
with state and federal law; store and warehouse beer; sell beer-related
items that are incidental to the sale of beer; and conduct activities
and events in accordance with § 15.2-2288.3:1, Code of Virginia.
See "brewery, limited."
[Added 9-23-2014 by Ord. No. 2014-06]
A licensed limited distillery located on a farm in the commonwealth
that manufactures not more than 36,000 gallons of alcoholic beverages
other than wine or beer per calendar year, provided that such products
used by the distillery in the manufacture of its alcoholic beverages
are grown on the farm. A farm distillery may, during regular business
hours, conduct on-premises sale, tasting, or consumption of alcoholic
beverages other than wine or beer; sell and ship alcoholic beverages
other than wine or beer in accordance with state and federal law;
store and warehouse alcoholic beverages other than wine or beer; sell
alcoholic-beverage-related items that are incidental to the sale of
such alcoholic beverages; and conduct activities and events in accordance
with § 15.2-2288.3:2, Code of Virginia. See "distiller,
limited."
[Added 9-24-2019 by Ord.
No. 2019-12]
A freestanding structure of metal, masonry composition or
wood, or any combination thereof, resting on or partially buried in
the ground and rising above ground level, and used for confinement,
screening or partition purposes. Trees, shrubbery or other foliage
does not constitute a "fence."
An assembly of vendors, selling new or used products in the
open air or within structures, who sell their products on the property
of another for a consideration more often than three days per calendar
year. This term shall not apply to an assembly of vendors selling
agricultural or marine products.
Sections of land which are subject to periodic flooding as
defined or approved by the Department of Housing and Urban Development
Flood Insurance Study and accompanying maps and such other areas as
may be determined by local, state or federal governmental officials
for sections of land not included in the above-mentioned study.
The "floor area" of a building or buildings is the sum of
the gross horizontal areas of the several floors of all buildings
on the lot measured from the exterior faces of exterior walls. "Floor
area" shall include the areas of basements when used for residential,
commercial or industrial purposes when such are permitted, but shall
not include a basement or portion of a basement used for storage or
housing of mechanical or central heating equipment.
A chimney, pipe, funnel, or other structure through which
smoke or other gases are discharged at a height of 45 feet or less.
[Added 8-24-2010 by Ord. No. 2010-09]
A masonry section, usually concrete in a rectangular form,
wider than the bottom of the foundation wall.
[Added 4-26-2011 by Ord. No. 2011-03]
The lowest part of a building, wall, or the like, usually
of masonry and partly or wholly below the surface of the ground, designed
to support the structure.
[Added 4-26-2011 by Ord. No. 2011-03]
The front of a parcel is that portion which is along the
road, or, in cases where the parcel is not beside a road, the front
of the parcel is the side where the driveway enters the parcel.
[Added 6-24-2003 by Ord. No. 2003-4]
The minimum width of a lot at the building setback line measured
from one side lot line to the other.
An establishment used for human funeral services, and may
or may not include facilities for the performance of autopsies, other
surgical procedures, embalming or cremation.
An accessory building designed or used for the storage of
private automobiles owned and used by the occupants of the building
to which it is accessory.
A building or portion thereof, other than a private garage,
designed or used for servicing, repairing, equipping, renting, selling
or storing motor vehicles.
See "automobile service station."
A single store, the ground floor area of which is a maximum
of 4,000 square feet and which offers general merchandise for sale.
Gasoline may also be offered for sale but only as a secondary activity.
Any golf course, publicly or privately owned, on which the
game of golf is played, including accessory uses and buildings, but
excluding golf driving ranges.
A limited area in which golf players do not walk, but onto
which they drive golf balls from a central driving tee.
The Board of Supervisors of Shenandoah County, Virginia.
The average of the finished ground level adjoining a building.
A glassed or transparent enclosure used for the growing and
cultivation of plants for sale directly to the consumer.
Any residential facility required to be treated as a single-family
dwelling by § 15.2-2291 of the Code of Virginia, as it may
be amended from time to time.
[Added 9-23-1997 by Ord. No. 97-7; amended 8-24-2010 by Ord. No.
2010-10]
The legally designated health authority of the State Board
of Health for Shenandoah County or his authorized representative.
A professional report detailing the impact of a project on
historical, cultural, and scenic resources. A HCSRIA shall include
but not limited to archeological testing for parcels containing an
archeological site or adjacent to parcels with an identified archeological
site or within a battlefield core area prior to any land disturbance
and during the development process as necessary, historic surveying
and analysis including review of Virginia Natural Heritage Data Explorer's
and Conserve Virginia's GIS data layers, review by national,
state, and local historic agencies of the project's impact on
the site, and recommendations to mitigate and avoid any impacts to
historical, cultural, and scenic resources on the site or on an adjacent
parcel.
[Added 4-25-2023 by Ord. No. 2023-01]
Properties identified on the National Register of Historic
Places, the Virginia Department of Historic Resources Landmarks Registry,
or located within a battlefield core area or battlefield study area,
views from scenic byways as designated in the County's Comprehensive
Plan, and landforms and cultural points identified in the federal
Geographic Names Information System by USGS.
[Added 4-25-2023 by Ord. No. 2023-01]
An unobstructed sight or the range of one's sight while
visiting or otherwise using a historic, cultural, or scenic resource.
[Added 4-25-2023 by Ord. No. 2023-01]
Any structure that is:
[Added 4-25-2023 by Ord. No. 2023-01]
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The housing, feeding or confining of more than 10 swine and
their farrow, if the farrow are removed prior to reaching 12 weeks
of age, and related accessory uses or structures.
[Added 11-8-1994]
The owner of the hog facility or of the land on which the
facility is located.
[Adopted 11-8-1994]
An occupation which is incidental and secondary to the use of the property as a residence but exceeds the requirements for a home occupation as set forth in § 165-29.
[Added 11-14-1989]
An occupation entirely within a dwelling unit by residents of that unit, provided that such occupation is clearly incidental and secondary to the use of the property as a residence. "Home occupations" must meet the standards as set forth in § 165-29.
[Amended 9-12-1989; 11-14-1989]
A dwelling unit in which a room or rooms are offered for rent to guests in exchange for compensation, for a period of 30 consecutive days or less by an owner who utilizes the dwelling as his/her principal residence and occupies the dwelling unit during any such rental. No meals shall be prepared for guests. A homeshare shall have no more than four guest bedrooms at any one time. Further, homeshares must comply with the supplementary regulations in § 165-32.4 of this chapter.
[Added 1-26-2021 by Ord.
No. 2021-02]
An institution rendering medical, surgical, obstetrical or
convalescent care, including nursing homes, homes for the aged and
sanitariums, but in all cases excluding institutions primarily for
mental or feebleminded patients, epileptics, alcoholics or drug addicts.
(Certain nursing homes and homes for the aged may be home occupations
if they comply with the definitions herein).
A building designed with more than eight bedrooms for the
purpose of housing transient guests, for compensation, with or without
meals, and in which provision is not generally made for cooking in
individual rooms or suites. A hotel is not a homeshare or short-term
rental.
[Amended 1-26-2021 by Ord. No. 2021-02]
Includes warehousing and manufacturing uses which produce
some noise or traffic congestion, but which are of limited scale or
character.
Rededication of vacant land in a designated growth area per
the Future Land Use Map to a new project.
[Added 4-25-2023 by Ord. No. 2023-01]
Any motor vehicle which is not in operating condition or
which for a period of sixty days or longer has been partially or totally
disassembled by the removal of tires and wheels, the engine or other
essential parts required for operation of the vehicle.
[Added 5-27-1997 by Ord. No. 97-3]
Any place or area where waste, discarded or salvaged materials
are bought, sold, exchanged, baled, packed, disassembled, stored or
handled, including auto wrecking yards, automobile graveyards, house
wrecking yards, used lumber yards and places or yards for the storage
of salvaged house wrecking and structural steel materials and equipment,
but not including such places where uses are conducted entirely within
a completely enclosed building; and not including pawn shops and establishments
for the sale, purchase or storage of used furniture and household
equipment, used cars in inoperable condition or salvage materials
incidental to manufacturing operations.[11]
[Amended 5-27-1997 by Ord. No. 97-3]
Any place equipped and/or used to house, board, breed, handle,
train, show, groom, or otherwise care for five or more dogs over six
months of age, in exchange for any form of compensation, trade, barter
or other commercial gain.
[Amended 5-25-2021 by Ord. No. 2022-01]
The improvement of a lot, parcel or tract of land with grass,
shrubs, trees, other vegetation and/or ornamental objects. "Landscaping"
may include grading of soil, addition of pedestrian walks, flowerbeds,
ornamental objects, such as fountains, statues and other similar natural
and artificial objects, designed and arranged to produce an aesthetically
pleasing effect.
A facility that meets any of the following criteria:
[Added 4-25-2023 by Ord. No. 2023-01]
A place where patrons wash, dry or dry clean clothing and
fabrics in machines operated by the patron.
A renewable energy facility that meets all of the following
criteria:
[Added 1-7-2020 by Ord.
No. 2020-02; amended 1-12-2021 by Ord. No. 2021-01]
The facility either:
Has a total area impacted by the construction and operation
of the facility greater than two acres; or
Has a total area impacted by the construction and operation
of the facility equal to or lesser than two acres and is found by
the Zoning Administrator to create substantial impact on the health,
safety, and welfare of the public;
Solely utilizes biophotovoltaic systems or solely utilizes agrophotovoltaic further defined in § 165-172, and is found by the Zoning Administrator to create substantial impact on the health, safety, and welfare of the public.
The facility is not to be mounted on or over a building, cemetery,
redevelopment, parking lot, or other impervious surface;
The facility does not solely utilize integrated photovoltaic
systems; and
The facility either:
Generates electricity from sunlight, and consists of photovoltaic
systems and other appurtenant structures and facilities within the
boundaries of the site; or
Utilizes sunlight as an energy source to heat or cool buildings,
heat or cool water, or produces mechanical power by means of any combination
of collecting, transferring, or converting solar-generated energy.
See "brewery, limited."
[Added 9-23-2014 by Ord. No. 2014-06]
Agricultural animals, including but not limited to cattle,
equine, sheep, goats, swine, and large poultry raised for home use,
pleasure or profit, but does not include companion animals.
[Amended 6-27-2023 by Ord. No. 2023-07]
A commercial establishment wherein livestock is collected
for sale.
Associations and organizations of a fraternal or social character
not operated or maintained for profit, but shall not include nightclubs
or other institutions operated as a business.
A parcel of land occupied or to be occupied by a main structure
or group of main structures and accessory structures, together with
such yards, open spaces, lot width and lot areas as are required by
this chapter, either shown on a plat of record or considered as a
unit of property and described by metes and bounds.
An area of land which is determined by the limits of the
property lines bounding that area and expressed in square feet or
acres. Any portion of a lot included in a street right-of-way shall
not be included in calculating "lot areas."
A lot abutting on two or more streets at their intersection.
Of the two sides of a corner lot, the front shall be deemed to be
the shortest of the two sides fronting on streets.
The average horizontal distance between the front and rear
lot lines.
An interior lot having frontage on two streets.
Any lot other than a corner lot.
Any boundary line of a lot.
A lot, a plat or a description of which has been recorded
in the office of the Clerk of the Circuit Court of Shenandoah County
at or before the date of adoption of this chapter.
A parcel of land occupied or to be occupied by electric substations
or booster, relay or pump stations for natural gas, telephone, water,
sewer and similar public utilities.
[Added 3-8-1983]
The width of a lot as measured at the front setback line.
[Amended 12-14-2010 by Ord. No. 2010-14]
An approach to stormwater management that emphasizes the
use of on-site natural and built features to reduce the impacts of
increased flow rates and volumes associated with increases in impervious
area. LID involves assessing and understanding the site, protecting
native vegetation and soils, and minimizing and managing stormwater
at the source. LID techniques may be considered an alternative to
traditional, structural stormwater management solutions. Such techniques
reduce runoff volume by infiltrating rainfall water to groundwater,
evaporating rainwater back to the atmosphere after a storm, and by
using water on site rather than exporting it as a waste product down
storm sewers.
[Added 12-14-2010 by Ord. No. 2010-14]
Bioretention areas: vegetated depressions that collect and filter
runoff. Bioretention BMPs increase the amount of rainwater a property
can absorb and include vegetative strips, grassy swales, rain gardens,
shallow surface ponds, tree box filters, and underground drainage
systems.
Green roofs and rooftop gardens: plants that can tolerate drought
and extreme temperature conditions are planted in green roofs to absorb
rainwater.
Vegetated swales, buffers, and strips: mild slopes adjacent
to roads, parking lots and other impervious surfaces that are planted
with vegetation to retain and absorb water runoff.
Tree preservation: saving existing vegetation on site.
Rain barrels and cisterns: storage containers which collect
and hold stormwater runoff from roofs.
Permeable pavement: an alternative to asphalt and concrete that
allows rainwater to percolate into the ground.
Soil amendments: Amending the soil with organic matter can help
retain the site’s ability to absorb water and prevent runoff.
Impervious surface reduction: minimizing the construction of
impervious surfaces on the site, through narrower streets, compact
parking areas, extensive vegetated areas, etc.
The process and/or converting of raw, unfinished materials
or products, or either of them, into articles or substances of different
character, or for use for a different purpose.
A structure subject to federal regulation which is transportable
in one or more sections; is eight body feet or more in width and 40
body feet or more in length in the traveling mode, or is 320 or more
square feet when erected on site; is built on a permanent chassis;
is designed to be used as a single-family dwelling, with or without
a permanent foundation, when connected to the required utilities;
and includes the plumbing, heating, air-conditioning and electrical
systems contained in the structure.
[Added 6-13-1995]
A parcel of land developed to provide two or more lots or plots for mobile homes or manufactured houses, as further defined in Article IX.
[Added 9-23-1997 by Ord. No. 97-7]
The assembly and packaging of ready-to-eat sandwiches, including
cooking, baking and preparation of the various components which are
needed to produce sandwiches. Does not include on-premises sales to
the public.
[Added 12-10-1991]
A roof-like structure or awning projecting over an entrance,
as to a theater.
A manufactured house.
[Amended 9-23-1997 by Ord. No. 97-7]
A manufactured house transportable in two or more sections.
[Amended 9-23-1997 by Ord. No. 97-7]
A parcel of land on which a single mobile or manufactured
home is placed within a mobile home park, such parcel of land being
owned by the owner of the mobile or manufactured home placed thereon.
[Amended 9-23-1997 by Ord. No. 97-7]
A parcel of land developed to provide two or more lots or plots for mobile homes or manufactured houses, as further defined in Article IX.
[Amended 9-23-1997 by Ord. No. 97-7]
A manufactured house transportable in only one section or
piece, which is not designed to be joined to any other section or
piece.
[Amended 9-23-1997 by Ord. No. 97-7]
A building or group of buildings containing individual rooms
or apartment accommodations primarily for transients, each of which
is provided with a separate exterior entrance and a parking space,
and offered principally for rental and use by motor vehicle travelers.
The term "motel" includes but is not limited to auto courts, motor
courts, motor inns, tourist courts, motor lodging or roadside hotels.
Cooking facilities may be provided for each unit.
A portable structure built on and made an integral part of
a self-propelled motor vehicle chassis other than a passenger car
chassis, containing living facilities.
Any lot or place which is exposed to the weather, where motor
vehicles are temporarily parked or stored. Disassembly or repair of
impounded vehicles shall not be conducted from a motor vehicle impoundment
lot nor shall a motor vehicle impoundment lot be used as an automobile
graveyard. Motor vehicles stored in impoundment lots shall be completely
screened from view on all sides by using a visually opaque fence at
least eight feet in height. Vehicles placed in an impoundment lot
shall not be permitted to remain there longer than 120 days. Operators
of impoundment lots shall maintain a permanent record identifying
the vehicle by the manufacturer's vehicle identification number and
its date of placement on the lot. The permanent record shall be made
available for inspection by County officials.
[Added 11-11-1987; amended 3-26-2019 by Ord. No. 2019-03]
Establishment that provides for the removal of vehicles but
does not include on-site storage.
[Added 3-26-2019 by Ord.
No. 2019-03]
An organized and permanent institution operated by a nonprofit
organization with a professional staff that is established for the
purpose of acquiring, conserving, studying, interpreting, assembling
and exhibiting to the public, for its instruction and enjoyment, a
collection of artifacts of cultural or historical interest. Such use
shall be allowed by special permit, and parking requirements shall
be set by the Board in the permit.
[Added 2-25-2003 by Ord. No. 2003-2]
The otherwise legal use of a building or structure or of
a tract of land that does not conform to the use regulations of this
chapter or any amendment to this chapter for the district in which
it is located.
[Amended 9-23-1997 by Ord. No. 97-7]
An otherwise legally platted lot that does not conform to
the minimum area or width requirements of this chapter or any amendment
to this chapter for the district in which it is located.
[Amended 9-23-1997 by Ord. No. 97-7]
An otherwise legal building or structure that does not conform
with the lot, yard, height, lot coverage or other area regulations
of this chapter, or is designed or intended for a use that does not
conform to the use regulations of this chapter or any amendment to
this chapter for the district in which it is located.
[Amended 9-23-1997 by Ord. No. 97-7]
An incorporated organization or group whose charter prohibits
profitmaking endeavors and which enjoys tax exempt privileges.
Land used to raise trees, shrubs, flowers and other plants
for sale directly to the consumer.
Also known as "extended care home," "rest home" or "convalescent
home." A nursing facility is any place containing beds for two or
more patients, established to render domiciliary and/or nursing care
of chronic or convalescent patients and which is properly licensed
by the state. Such terms shall include group homes serving mentally
retarded or other developmental disabled persons.
The legally adopted Zoning Map of Shenandoah County.
Space provided for vehicular parking outside the dedicated
street right-of-way.
Space provided for vehicular parking outside the dedicated
street right-of-way as a main use with the issuance of a special use
permit, when such land used for off-street parking is adjacent to
an existing use in a zoning district other than an Agriculture (A-1)
Zone.
[Amended 3-10-1992]
That area permanently protected from development meeting the requirements of Article X.
[Added 7-7-1987; amended 6-26-2007 by Ord. No.
2007-14]
The clustering of single-family dwellings meeting the requirements of Article X.
[Added 6-26-2001 by Ord. No. 01-6; amended 1-22-2002 by Ord. No. 02-1; 6-26-2007 by Ord. No. 2007-14; 12-14-2010 by Ord. No. 2010-14]
A measured portion of land separated from other portions
of land by a metes and bounds description or described as a separate,
discrete tract in an instrument of conveyance or devise and recorded
with the Clerk to the Circuit Court.[12]
[Added 11-8-1994]
A number or series of numbers assigned by the County, which
uniquely identifies each parcel of land in the County. A parcel identification
number can include the map ID, insert map ID, double circle ID, block
ID, lot ID, sublot ID.
[Added 6-13-2023 by Ord. No. 2023-02]
Land assigned with a parcel identification number, but not
to include the sublot ID.
[Added 6-13-2023 by Ord. No. 2023-02]
A parcel that has been divided from the primary parcel and
has been assigned a parcel identification number including the sublot
ID.
[Added 6-13-2023 by Ord. No. 2023-02]
An off-street area with an all-weather surface designed solely
for the parking of motor vehicles, including driveways, passageways
and maneuvering space.
An area of not less than 10 feet by 20 feet for each automobile
or motor vehicle. Such space shall be exclusive of necessary drives,
aisles, entrances or exits and shall be fully accessible for the storage
or parking of vehicles.
Any wall located on a lot line between adjacent buildings,
which is used or adapted for joint service between two buildings,
is constructed as a fire wall without openings, creates separate buildings
and meets the requirements of the Building Code.
[Added 12-8-2009 by Ord. No. 2009-03]
Any person who lends or advances money or other things for
profit on the pledge and possession of tangible personal property,
or other valuable things, other than securities or written or printed
evidences of indebtedness or title, or who deals in the purchasing
of personal property or other valuable things on condition of selling
the same back to the seller at a stipulated price.
[Added 11-9-2010 by Ord. No. 2010-12]
The shop of a pawnbroker.
[Added 11-9-2010 by Ord. No. 2010-12]
"Permanent foundations" for manufactured houses or mobile
homes include any of the following types of foundations selected by
the owner, dealer or contractors:
[Added 1-24-1985; amended 6-13-1995]
Masonry piers and anchoring systems, specified
by the manufacturer of the home in the installation instructions,
as required and approved in accordance with the Federal Manufactured
Housing Construction and Safety Standards.
Concrete foundations or permanent wood foundation
systems constructed in compliance with ANSI A225.1 Manufactured Home
Installation Standard.
Foundations meeting the requirements of the
United States Department of Housing and Urban Development Handbook
4930.3, Permanent Foundations Guide for Manufactured Housing.
Foundation systems for manufactured homes over
basements.
Any other foundation system approved as a permanent
foundation by the authority having jurisdiction as outlined in Section
107.1 of the Virginia Uniform Statewide Building Code.
Any building under 1,500 square feet wherein the primary
occupation is the repair, care of, maintenance or customizing of personal
properties that are worn or carried about the person or are a physical
component of the person. For the purpose of this chapter, "personal
service establishments" shall include but need not be limited to barbershops,
beauty shops, pet grooming establishments, laundering, cleaning and
other garment servicing establishment, tailors, dressmaking shops,
shoe cleaning or repair shops and other similar places of business,
but not including retail stores, offices of physicians, dentists and
veterinarians, or linen or diaper service establishments.
[Amended 4-12-1994]
A section of the disturbance zone of a project.
[Added 1-12-2021 by Ord. No. 2021-01]
The Shenandoah County Planning Commission.
An area of land within a mobile home or manufactured housing
park to be rented for placement of a mobile home or manufactured house.
[Added 9-23-1997 by Ord. No. 97-7]
A plan that demonstrates the location(s) where local pollinator-friendly
plants are to be planted. The plan may follow, but is not limited
to, the guidelines set by the Virginia Solar Site Native Plant Finder
developed by the Virginia Department of Conservation and Recreation.
The plan should demonstrate the percentage of land to be covered by
local pollinator-friendly plants as well as the methods of maintenance
and repair. Unless otherwise provided, all plans should demonstrate
a minimum of 50% coverage of a disturbance zone of a project by local
pollinator-friendly plants.
[Added 1-7-2020 by Ord.
No. 2020-02; amended 1-12-2021 by Ord. No. 2021-01; 4-25-2023 by Ord. No. 2023-01]
Development of land, including previously disturbed land,
yet not including redevelopments.
[Added 1-12-2021 by Ord. No. 2021-01]
The housing, feeding or confining of more than 200 chickens,
132 turkeys or 100 other type of fowl and related accessory uses or
structures, including feed storage bins, litter storage sites, incinerators,
disposal pits or cold storage chests used for collection of dead birds.
[Added 11-8-1994]
The owner of the poultry facility or of the land on which
the facility is located.
[Added 11-8-1994]
The main use of land or structures as distinguished from
a secondary or accessory use.
A structure designed for use by a person or persons in offering
a service which requires specialized knowledge gained by intensive
academic preparation such as medicine, law, engineering, dentistry
and other like endeavors, and requiring licensing and regulation by
the Commonwealth of Virginia.
A structure owned by Shenandoah County or used by Shenandoah
County primarily for the purpose of public safety or governmental
communications. Public safety towers, and lots on which the primary
use is a public safety tower, shall be exempt from area, frontage,
yard (setback), building coverage, and height regulations.
[Added 9-24-2019 by Ord.
No. 2019-09]
A business or service having an appropriate franchise from
the state, 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, sewer, transportation and communications.
Any system owned and operated by the Town of New Market,
Town of Mt. Jackson, Town of Edinburg, Town of Woodstock, Town of
Strasburg, the Toms Brook-Maurertown Sanitary District, or the Stoney
Creek Sanitary District.
[Amended 6-26-2007 by Ord. No. 2007-14]
An area wherein pulpwood is collected for shipping to pulp
and paper mills for future processing.
Any establishment operated as a commercial enterprise in
which seasonal facilities directly related to outdoor recreation are
provided for all or any of the following: camping, lodging, picnicking,
boating, fishing, swimming, outdoor games and sports, and activities
incidental and related to the foregoing. A "commercial recreational
area" does not include miniature golf grounds, golf driving ranges,
mechanical amusement devices or accessory uses such as refreshment
stands, equipment sales or rentals.
A vehicle which is:
[Amended 6-13-2023 by Ord. No. 2023-02; 8-22-2023 by Ord. No. 2023-04]
Renovation or reuse of existing vacant or abandoned structure,
building, or facility.
[Added 1-12-2021 by Ord. No. 2021-01]
Any site or operation used for the disposal of refuse and
which meets the standards and/or specifications of the State Department
of Health and/or the County of Shenandoah.
Child-care centers operated by churches or other religious
institutions exempt from state licensure. Religious exempt child-care
facilities must meet requirements for exemption from federal taxes
for religious purposes or be exempt from paying local real estate
taxes on the property owned by the sponsoring religious institution.
[Added 4-23-2013 by Ord. No. 2013-02]
A facility used or designed to be used for the purpose of
converting dead animals into a product or products for other than
human consumption.
Any space required in any front, side or rear yard or other
open areas as specified in this chapter.
Land incidental to a principal dwelling on which limited
agricultural activities such as the keeping of livestock, poultry,
apiaries (beekeeping), and gardening are permitted.
[Added 6-27-2023 by Ord. No. 2023-07]
Any building in which, for compensation , food or beverages
are dispensed for consumption on or off premises.
Interior floor area devoted to display and sale of goods
open to the public. Excludes storage area, shipping docks and outside
displays where permitted.
Buildings for display and sale of merchandise at retail or
for the rendering of personal services (but specifically exclusive
of coal, wood and lumber yards).
All land within 100 vertical feet of a ridgeline as identified
by the County's Official Ridgeline Map.
[Added 4-25-2023 by Ord. No. 2023-01]
Ridgelines as identified by the County's Official Ridgeline
Map.
[Added 4-25-2023 by Ord. No. 2023-01]
See "street."
Any structure or land used solely for the sale of agricultural
or marine produce.
A building in which more than two rooms are let for hire
and lodging only is provided for compensation to three or more persons,
but not exceeding 13 persons. A building which has accommodations
for hire for more than 13 persons shall be defined as a "hotel."
A private establishment consisting of a detached structure
or structures located in a rural setting in which lodging units are
offered to transients for compensation as the principal use, which
shall include at least one of the following uses: conference and meeting
facilities, restaurant and banquet facilities, or recreational amenities,
such as, but not limited to, pools, hiking trails, playgrounds, water
park, zip line, marina or high ropes course.
[Added 11-25-2003 by Ord. No. 2003-7; amended 6-28-2022 by Ord. No.
2022-06]
A sawmill located on public or private property for the processing
of timber.
A public or private educational organization or institution,
which may include educational, recreational, vocational instruction
and parking uses. Vocational instruction uses may include automobile
repair, machine shop, electronics, light assembly and processing,
personal service, business secretarial, data processing and recycling
uses and shall be secondary or accessory to the general educational
uses.
[Added 3-28-1995]
A mix of evergreen and nonevergreen trees planted to lessen
the impact of noise or visual interaction between adjacent activities.
Screen trees shall not be of a monoculture and shall consist of at
least five different tree species. Any screen buffer requirement shall
also include the maintenance of trees after they are planted and replacement
of the same if any should die. One of three levels of screen buffer,
or any other type of screening, may be required by the approving body
at the time of special use permit or site plan approval. The approving
body shall have discretionary authority in deciding if screen buffering
is required, and if so, which level shall be employed. The definitions
of the three levels are as follows:
[Amended 6-9-1987; 9-22-1992; 4-25-2023 by Ord. No. 2023-01]
LIGHT SCREEN BUFFERA single row of trees, four feet tall and planted six feet on center.
MEDIUM SCREEN BUFFERA staggered double row of trees, four feet tall and planted six feet on center.
OPAQUE SCREEN BUFFERA staggered triple row of trees, six feet tall and planted eight feet on center.
A structure or structures containing separate storage spaces
of varying sizes leased or rented as individual leases for the purpose
of storing personal property and household goods.
[Added 11-27-2001 by Ord. No. 01-8]
The minimum distance by which any building or structure must
be separated from the front lot line.
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
accessways designed to facilitate customer interchange between the
uses.
Share a common parking area.
Otherwise present the appearance of one continuous
commercial area.
Either of the following shall constitute a short-term rental; provided, however, that no meals shall be prepared for guests and no guest may stay in a short-term rental for a period exceeding 30 consecutive days. Further, short-term rentals must comply with the supplementary regulations in § 165-32.4 of this chapter.
[Added 1-26-2021 by Ord.
No. 2021-02]
A dwelling unit other than a homeshare in which a room, rooms,
or an entire dwelling are rented in exchange for compensation.
A temporary or permanent structure that is not a dwelling unit,
including, but not limited to, a yurt, tent, tiny home, recreational
vehicle, trailer, or similar personal property, that is rented in
exchange for compensation for the purpose of overnight stays.
Any display of letters, words, numbers, pictures, or any
parts of combinations thereof, made visible for the purpose of making
anything known, which display is visible beyond the boundaries of
the parcel of land on which the same is located.
[Amended 5-25-1999 by Ord. No. 99-2]
The "area of a sign" shall mean and include the area within
rectangular lines inscribed around any and all sign elements, including
the outer extremities of all letters, figures, characters, words,
symbols or pictorial and delineations, or within rectangular lines,
including the outer extremities of the framework or background of
the sign, whichever includes the larger area. The support for the
sign background, whether it be columns, a pylon or a building or part
thereof, shall not be included in a sign area. Only one side (i.e.,
face) of a double-faced sign shall be included in a computation of
sign area.[13]
[Added 5-25-1999 by Ord. No. 99-2]
A sign with two parallel planes, surfaces or faces, back-to-back,
and located not more than 24 inches from each other.
[Added 5-25-1999 by Ord. No. 99-2]
A sign which is supported directly from or affixed to a structure
built on the ground and independent of any support from a building.
One freestanding sign shall be permitted per lot.
[Added 5-25-1999 by Ord. No. 99-2]
Any sign designed to give forth artificial light or designed
to reflect light from one or more sources of artificial light erected
for the purposes of providing light for the sign.
[Added 5-25-1999 by Ord. No. 99-2]
A sign not mounted on a pole but affixed to a structure built
on grade in which the sign and the structure are an integral part
of one another.
[Added 1-22-2002 by Ord. No. 02-2]
Includes the supports, uprights, bracing and/or framework
of any structure, be it single-faced, double-faced, v-type or otherwise
exhibiting a sign.
[Amended 5-25-1999 by Ord. No. 99-2]
A sign constructed of cloth, canvas, light fabric, cardboard,
wallboard, plastic, or other light materials, with or without frames,
intended to be displayed for a short period of time. This definition
does not include flags.
[Amended 5-25-1999 by Ord. No. 99-2; 4-12-2022 by Ord. No.
2022-07]
A cavity in the ground, especially in limestone bedrock,
caused by water erosion and providing a route for surface water to
disappear underground so depicted on the most recent Virginia Department
of Mines Minerals and Energy Department dataset.
[Added 4-25-2023 by Ord.
No. 2023-01]
The area containing a permitted project or redevelopment.
[Added 1-12-2021 by Ord. No. 2021-01]
A map of a tract or parcel of land showing the information as required under Article XIV.
A facility that meets any of the following criteria:
[Added 4-25-2023 by Ord.
No. 2023-01]
A renewable energy facility that either:
[Added 1-12-2021 by Ord. No. 2021-01]
Has a total area impacted by the construction and operation
of the facility no greater than two acres and has not been found by
the Zoning Administrator to create substantial impact on the health,
safety, and welfare of the public; or
Is to be mounted on or over a building, cemetery, redevelopment,
parking lot, or other impervious surface; or
Solely utilizes integrated photovoltaic systems; or
Solely utilizes biophotovoltaic systems or solely utilizes agrophotovoltaic systems, further defined in § 165-172, and has not been found by the Zoning Administrator to create substantial impact on the health, safety, and welfare of the public.
A pipe, funnel, or other structure through which smoke or
other gases are discharged at a height greater than 45 feet.
[Added 8-24-2010 by Ord. No. 2010-09]
A professional report demonstrating the baseline quality
of soil and adjacent to the project disturbance zone prior to the
construction of a project and summarizes the anticipated impact of
the project upon that baseline. The report shall include the methods
and reasoning for the results.
[Added 4-25-2023 by Ord.
No. 2023-01]
Any area in the Conservation (C-1) or Agriculture (A-1) zone
that does not meet the definition of a densely settled area.
[Added 11-8-1994]
A facility or site which, more than twice per calendar year,
is utilized for events in exchange for compensation, such events to
include meetings, conferences, banquets, dinners, weddings, parties,
and other similar events. County-owned facilities shall be deemed
not to be special event centers.
[Added 8-27-2019 by Ord.
No. 2019-08]
A permit issued for a use permitted in a particular district
by the Board of Supervisors upon recommendation of the Planning Commission
to occupy or use land and/or a building or structure erected thereon
for a specific purpose not permitted by right, but permitted in accordance
with standards or conditions established in this chapter.
Areas of the human anatomy, if less than completely and opaquely
covered, including human genitals, pubic region, buttock, and the
female breast below a point immediately above the top of the areola,
and irrespective of coverage, human male genitals in a discernibly
turgid state.
[Added 9-23-2014 by Ord. No. 2014-07]
The display of or the reference to human genitals in a state
of sexual stimulation or arousal; acts of human masturbation, sadomasochistic
abuse, sexual penetration with an inanimate object, sexual intercourse
or sodomy, or fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
[Added 9-23-2014 by Ord. No. 2014-07]
A natural discharge point of subterranean water at the surface
of the ground or directly into the bed of a stream, lake, pond, or
river so depicted on the most recent Virginia Department of Mines
Minerals and Energy Department dataset.
[Added 4-25-2023 by Ord.
No. 2023-01]
Sound Transmission Class of building materials and assemblages
of materials as determined by ASTM Standard E 413-73.
[Added 7-12-1994]
A building either erected on the premises or assembled elsewhere
and brought to the premises and used for storage purposes. It shall
have no kitchen or bathroom facilities and shall not be used for living
quarters nor used for dwelling purposes, or occupied overnight.
[Added 3-28-2000 by Ord. No. 00-2]
That portion of a building, other than the cellar, included
between the surface of any floor and the surface of the next highest
floor; if there is no floor above, the space between the floor and
the ceiling next above it.
A highway, street, avenue, boulevard, road, land, alley or
any public or private right-of-way designated for vehicular use.
A street that provides direct access to more than 25 residences,
businesses or uses or collects traffic from one or more local streets
or other collector streets.
[Added 11-26-1996 by Ord. No. 96-3]
A street that provides direct access to 25 or fewer residences,
businesses or uses.
[Added 11-26-1996 by Ord. No. 96-3]
The dividing line between a street or road right-of-way and
the contiguous property.
A line lying midway between the street right-of-way lines.
Any change, modification, addition or deletion to an existing
structure.
Anything constructed or erected, the use of which requires
permanent location on the ground or attachment to something having
a permanent location on the ground.
The vertical distance measured from the average elevation
of the ground surface along the front of the structure to its highest
point. For structures not having a front, the average elevation around
the entire structure shall be used.
[Added 4-24-2007 by Ord. No. 2007-08]
A licensed professional surveyor, registered in the Commonwealth
of Virginia by the Department of Professional and Occupational Registration
as a surveyor. This term shall also include land surveyors.
Electricity supplied from the electrical utility company
having jurisdiction, through the main conductors (overhead or underground
utility lines) and equipment of the utility company, to a utility
company owned meter base and into a disconnecting equipment panel,
with over-current protection, installed on an approved pressure-treated
pole(s) and mounting board, or mounted to an approved accessory structure.
This definition shall not apply to electrical service provided for
a structure for which a building and zoning permit have been issued.
[Added 4-24-2007 by Ord. No. 2007-09]
A building designed and used primarily for the commercial
exhibition of motion pictures to the general public or used for the
performance of plays.
Surface soil usually including the rich upper layer in which
plants have most of their roots, typically ranging between five inches
to 10 inches in depth.
[Added 4-25-2023 by Ord.
No. 2023-01]
A building where lodging only is provided for compensation
for up to 14 persons (in contradiction to hotels and boardinghouses)
and open to transients.
A building consisting of dwelling units arranged, designed,
and each intended for and occupied exclusively by one family; said
building consisting of not less than three nor more than eight attached
dwelling units with a semidetached unit on each end thereof being
included within the aforesaid minimum and maximum numbers; each dwelling
unit shall be separated by an unpierced party wall going to the roof
and contain at least two and not more than 2 1/2 stories; and each
dwelling unit having at least one separate entrance from the outside.[14]
A site where travel trailers (recreational vehicles) are
parked temporarily in conjunction with travel, recreation or vacation.
Land identified as forest on the Shenandoah County General
Land Use Map in the Comprehensive Plan.
[Added 4-25-2023 by Ord.
No. 2023-01]
Any establishment open to the public that has five or more
diesel fuel pumps along with provisions for parking and/or servicing
of five or more tractor trailers.
The purpose or activity for which a piece of land or its
building is designed, arranged or intended, or for which it is occupied
or maintained.
A reasonable deviation from those provisions of 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 the chapter 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 that such
variance is not contrary to the intended spirit and purpose of the
chapter and would result in substantial justice being done. It shall
not include a change in use, which change shall be accomplished by
a rezoning or by a conditional zoning.
[Amended 9-23-1997 by Ord. No. 97-7]
A facility rendering surgical and medical treatment to animals,
and having no limitation on overnight accommodations for such animals.
An area that can be seen from public rights-of-way, recreational
amenities on the North Fork of the Shenandoah River, or trails on
mountains.
[Added 1-7-2020 by Ord.
No. 2020-02]
See "historic, cultural, and scenic viewshed."
[Added 4-25-2023 by Ord.
No. 2023-01]
A study that demonstrates the visual hazard impacts of a
use, or proposed use, on viewsheds through the use of glare and glint
impact studies and/or related studies. The study shall also take into
account the historic, cultural, and scenic viewshed of the site through
demonstrating the impact of the use or proposed use on the historic,
cultural, and scenic viewshed that covers the project. The study shall
utilize, but not be limited to, section cut drawings, plan view drawings,
photographic renderings, and data tables of the impact of the use
or proposed use.
[Added 1-7-2020 by Ord.
No. 2020-02; amended 1-12-2021 by Ord. No. 2021-01; [Amended 6-9-1987; 9-22-1992; 4-25-2023 by Ord. No. 2023-01]]
A structure or part of a structure used for storing goods,
materials, wares, and merchandise.
[Added 11-27-2001 by Ord. No. 01-8]
A professional report demonstrating the baseline quality
of surface and subsurface water on and adjacent to the project disturbance
zone prior to the construction of a project and summarizes the anticipated
impact of the project upon that baseline.
[Added 4-25-2023 by Ord.
No. 2023-01]
Any privately owned wastewater treatment discharging facility,
with a point source discharge, processing over 1,000 gallons per day
of wastewater, associated with the occupation of a structure existing
as of May 27, 2008, and used for nonresidential uses. These systems
may be permitted by special use permit on parcels where neither public
sewer nor any other forms of septic are available. The requirement
for a special use permit shall not apply to those systems designed
to treat stormwater or those systems owned and operated by Shenandoah
County. In addition to the requirements of the Virginia Department
of Environmental Quality, monthly monitoring reports shall be submitted
to the Planning and Zoning Office of Shenandoah County. If violations
of the DEQ permit are found, the special use permit may be terminated
by the County.
[Added 5-27-2008 by Ord. No. 2008-6]
Land consisting of marshes, swamps, bogs, fens, or saturated
land so depicted on the most recent Virginia Department of Environmental
Quality, Virginia Department of Conservation and Recreation, or United
States Fish and Wildlife Service dataset and any wetlands identified
by a land survey, engineer, or other certified official.
[Added 4-25-2023 by Ord.
No. 2023-01]
Sale of goods for resale and not for direct consumption;
sales primarily to retailers and consumers.
Corridors 600 feet in width identified on the Official Wildlife
Corridor Map of Shenandoah County.
[Added 4-25-2023 by Ord.
No. 2023-01]
A professional report demonstrating the baseline quality
and status of wildlife corridors, wildlife habitat cores, and wildlife
habitat edges on or adjacent to a project site as well as coordination
with the Virginia Department of Wildlife Resources as to the best
methods to address the existing wildlife. The report shall include
the methods and reasoning for the results.
[Added 4-25-2023 by Ord.
No. 2023-01]
Clusters of 100 acres of forest separated from other land
uses and human development by 300 feet as identified on the Official
Wildlife Map of Shenandoah County.
[Added 4-25-2023 by Ord.
No. 2023-01]
The 300 feet of edge of wildlife habitat cores and/or wildlife
corridors which abut areas of human disturbance, nonforestal land
uses, and/or activity and serve as a transitional area with vegetation
incrementally decreasing in height to gradually transition from a
forested area into open space or human development. Such edges are
identified on the Official Wildlife Map of Shenandoah County.
[Added 4-25-2023 by Ord.
No. 2023-01]
A commercial establishment for the processing of agricultural
products into wine and related products and for the sale thereof.
An open space on a lot other than court unoccupied and unobstructed
from the ground upward by structures except as otherwise provided
herein.
The minimum area between the street line and the nearest
edge of the main building, excluding steps.
[Added 1-24-1985]
The minimum open unoccupied space on the same lot as a building
or use, between the rear line of the building (excluding steps and
accessory building), or use where applicable, and the rear line of
the lot and extending the full width of the lot.
The minimum open unoccupied space on the same lot as a building
or use between the side line of the building (excluding steps) or
use and the side line of the lot, and extending from the front yard
line to the rear yard line.
See "Administrator."
The Official Zoning Map of Shenandoah County, Virginia, and
all amendments thereto.
A certificate issued by the Zoning Administrator for authorizing
the uses of land and/or structure(s) as required by this chapter.
[1]
Editor's Note: The former definition of "aerobic
treatment unit," which immediately followed this definition, was repealed
11-8-1994.
[2]
Editor's Note: The former definition of "alternative
discharging sewage treatment system," which immediately followed this
definition, was repealed 11-8-1994.
[3]
Editor's Note: The former definition of "building,
height of," which immediately followed, was repealed 4-24-2007 by
Ord. No. 2007-08.
[4]
Editor's Note: This ordinance also provided for the renaming
of this definition from the former name of "adult-care center."
[5]
Editor's Note: The former definition of "cluster
housing development," which followed this definition, was repealed
6-26-2001 by Ord. No. 01-6. See now the definition of "open space
development (cluster techniques)."
[6]
Editor's Note: The former definition of "conventional
on-site sewage disposal system," which immediately followed this definition,
was repealed 11-8-1994.
[7]
Editor’s Note: The former definition of “dwelling,”
as amended, which immediately followed this definition, was repealed
3-28-2017 by Ord. No. 2017-01.
[8]
Editor's Note: This ordinance also provided for the renaming
of this definition from the former name of "accessory dwelling."
[10]
Editor's Note: The definition of "feed lot,
commercial," which immediately followed this definition was repealed
11-8-1994.
[11]
Editor's Note: The definition of "kennel," which immediately
followed this definition, was repealed 5-25-2021 by Ord. No. 2022-01.
[12]
Editor's Note: The former defintion of "parent parcel; parent
tract," added 12-14-2010 by Ord. No. 2010-14, which immediately
followed this definition, was repealed 6-13-2023 by Ord. No. 2023-02
[13]
Editor's Note: The following definitions, which followed this
definition, were repealed 4-12-2022 by Ord. No. 2022-07: "sign, business," "sign directional,"
"sign, home business," "sign, identification," all as amended 5-25-1999 by Ord. No. 99-2, and "sign, residential subdivision
identification," added 1-22-2002 by Ord. No. 02-2.
[14]
Editor's Note: The definitions of "trailer"
and "trailer park or trailer camp," which immediately followed this
definition, were deleted 9-23-1997 by Ord. No. 97-7.
