Division 1 – Administration
Division 1 – Administration
§ 19.6-1 Title.
This chapter, and the Official Zoning Map made a part hereof, shall be known and may be cited and referred to as the “Appomattox County Zoning Ordinance.”
§ 19.6-2 Purpose.
The General Assembly of the Commonwealth of Virginia empowers the County to enact a zoning ordinance and to provide for its administration, enforcement, and amendment; and the Board of Supervisors of Appomattox County deems it necessary, for the purpose of promoting the health, safety, convenience, and general welfare of the County, to enact such an ordinance; and the Board of Supervisors of Appomattox County appointed a Planning Commission to recommend the boundaries of the districts and appropriate regulations to be enforced therein; and the zoning regulations and districts as herein set forth have been made in accordance with a Comprehensive Plan for Appomattox County and for the purpose of promoting the health, safety, and general welfare of the public and of further accomplishing the objectives and purposes of § 15.2-2200, § 15.2-2280 and § 15.2-2283 of the Code of Virginia (1950), as amended.
A. To these ends, this chapter is designed to:
(1) Provide for adequate light, air, convenience of access, and safety from fire, flood, impounding structure failure, crime and other dangers;
(2) Reduce or prevent congestion in the public streets;
(3) Facilitate the creation of a convenient, attractive, and harmonious community;
(4) Expedite the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, and other public requirements;
(5) Protect against destruction of or encroachment upon historic areas;
(6) Protect against one or more of the following: overcrowding of land, undue densities of population in relation to the community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health or property from fire, flood, impounding structure failure, panic or other dangers;
(7) Encourage economic development activities that provide desirable employment and enlarge the tax base;
(8) Provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment;
(9) Encourage and accommodate affordable housing suitable for meeting the current and future housing needs of the County;
(10) Protect surface water and groundwater resources; and
(11) Provide safety from crime.
B. The Code further states that the governing body of any county may, by ordinance, classify territory under its jurisdiction or any substantial portion thereof into districts of such number, shape, and size as it may deem best suited to carry out the purposes of such article, and in each district it may regulate, restrict, permit, prohibit, and determine the following:
(1) The use of land, buildings, structures and other premises for agricultural, business, industrial, floodplain, and other specific uses;
(2) The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing or removal of structures;
(3) The areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts, yards, and other open space to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used;
(4) The excavation or mining of soil or other natural resources.
§ 19.6-3 Matters considered.
The zoning regulations and districts, including the Official Zoning Map, as set forth herein have been drawn with reasonable consideration for the existing use and character of property, the Comprehensive Plan, the suitability of properties for various uses, the trends in growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, and the requirements for housing, schools, parks, playgrounds, and other public services, for the conservation of natural resources and the preservation of floodplains, and for the conservation of properties and their values and the encouragement of the most-appropriate use of land throughout the County [§ 15.2-2284, Code of Virginia (1950), as amended].
§ 19.6-4 Authority.
This chapter is adopted by the County of Appomattox, Virginia, under authority granted by the General Assembly of the Commonwealth of Virginia, particularly Title 15.2 of the Code of Virginia (1950), as amended.
§ 19.6-5 Territorial application.
The regulations and restrictions in this chapter shall apply uniformly to all buildings, structures, land, water and uses within the unincorporated area of Appomattox County, Virginia, excepting those areas determined by law to be under the sovereign control of the United States of America or the Commonwealth of Virginia.
§ 19.6-6 General application.
All buildings and structures erected hereafter, except those exempted herein, all uses of land, water or buildings established hereafter, all structural alterations or relocations of existing buildings occurring hereafter, and all enlargements of, additions to, changes in and relocations of existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning district in which such buildings, structures, uses, or land are located. Existing buildings, structures, and uses which do not comply with the regulations herein shall be subject to the provisions of this chapter relating to nonconformities.
§ 19.6-7 Compliance required.
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided:
A. No building, structure, or land shall be used or occupied, and no building or structure or part thereof shall be constructed, reconstructed, moved, or structurally altered, except in conformity with all of the regulations specified in this chapter for the district in which it is located.
B. No building or other structure shall be erected or altered:
(1) To exceed the height or bulk specified in this chapter.
(2) To accommodate or house a greater number of families than permitted by this chapter.
(3) To occupy a greater percentage of lot area than specified in this chapter.
(4) To have narrower or smaller rear yards, front yards, side yards, or other open space than required by this chapter.
(5) In any other manner contrary to the provisions of this chapter.
§ 19.6-8 General prohibitions.
A. No building or structure, no use of any building, structure or land, and no lot of record now or hereafter existing shall be established, altered, moved, diminished, divided, eliminated or maintained in any manner except in conformity with the provisions of this chapter.
B. Unless otherwise specifically provided for in this chapter, no part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
C. No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. All existing yards or lots and all yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
§ 19.6-9 Conflicts with other rules and regulations.
Wherever the requirements of this chapter are in conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, then the most-restrictive or that which imposes the higher standards shall govern.
§ 19.6-10 Exemptions.
A. Pursuant to § 56-46.1 of the Code of Virginia (1950), as amended, electrical transmission lines of 138 kV or more, approved by the State Corporation Commission, shall be deemed to have satisfied the requirements of this chapter. In addition, the following utility uses are exempt from the provisions of this article: poles, wires, cables, conduits, vaults, laterals, pipes, valves, meters or any other similar equipment when used for the purpose of distributing service to individual customers within an approved or established service area, but not including wireless communications facilities, plants, substations, major transmission lines, or trunk lines located on or above the surface of the ground, for any type of utility service, nor for underground trunk lines providing public water or sewerage service.
B. The height limitations of this chapter shall not apply to antennas less than 65 feet in height, cupolas, barns, silos, farm buildings, chimneys, flues, flagpoles, water tanks, church spires, and monuments and necessary appurtenances not exceeding in height the distance therefrom to the nearest lot line. Parapet walls may be up to four feet above the regulated height of the building on which the walls rest. Facilities used for wireless communications shall be governed by the standards set forth in this chapter.
§ 19.6-11 Word usage.
Except as otherwise provided herein, all words shall have their customary dictionary meanings. The present tense includes the future tense. The singular number includes the plural, and the plural includes the singular. The masculine gender includes the feminine and neuter genders. The word “person” includes a firm, corporation, association, organization, trust or partnership. The word “lot” includes plot or parcel. The word “building” includes structure. The word “shall” is always mandatory. The word “used” or “occupied,” as applied to any land or building, shall be construed to include the words “intended, arranged or designed to be used or occupied.”
§ 19.6-12 Definitions.
When used in this chapter, the following words and phrases shall have the meanings given in this section:
For the purpose of this Ordinance, abandonment shall mean the stopping or halting of a use or occupancy of a non-conformity for a period of two (2) years or more.
A building or structure where livestock is slaughtered and prepared for distribution to butcher shops or retail sales establishments such as grocery stores. A slaughterhouse is designed to accommodate the confinement and slaughtering of live animals and may include packing, treating, storage, or sale of the product on the premises.
A secondary dwelling unit established in conjunction with and clearly subordinate to, the principal dwelling unit on a lot, contained within or attached as a part of the same structure as the principal dwelling unit on the same lot.
ACCESSORY BUILDING OR STRUCTURE
A building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. Where an accessory building or structure is attached to the principal building in a substantial manner, as by a wall or roof, such accessory building shall be considered a part of the principal building (i.e., garage, satellite dish, aboveground pool, well house). Garages, carports, and storage sheds are examples of common accessory structures on residential lots. Pole barns, hay sheds, and the like are examples of accessory structures on farms.
ACCESSORY DWELLING (DETACHED)
A secondary dwelling unit established in conjunction with, and clearly subordinate to, the principal dwelling unit on a lot, as a detached structure on the same lot for the use by immediate family only. Also called “Second Dwelling”.
A use of land or a building or structure or portion thereof customarily incidental and subordinate to the principal use of the land or building or structure and located on the same lot with such principal use (i.e., garage for equipment repair).
A parcel of land that shares all or part of a common lot line or boundary with another parcel of land, or a parcel of land that would abut another parcel of land, but for the fact a street or right of way divides the parcels.
Governmental offices providing administrative, clerical, or public contract services that deal directly with the citizens. Typical uses include federal, state, county, and town offices.
An official charged with the enforcement of this chapter. He may be an appointed or elected official who is designated for the position by formal resolution of the governing body.
ADULT DAY CARE CENTER
Any facility that provides supplementary care and protection during only part of the day to four (4) or more aged, infirmed, or disabled adults who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, and (ii) the home or residence of an individual who cares for only persons related to him/her by blood or marriage. Included in this definition are any two (2) 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 (4) or more aged, infirmed, or disabled adults.
An establishment offering goods and services of an adult nature, which includes the selling and rental of publications and other material of a sexual nature. (i.e., adult bookstore, adult video rental stores, adult theaters, adult nightclubs).
AFFECTED PROPERTY OWNER
The owner of any property upon which the proposed development will have a positive or negative impact.
An establishment primarily engaged in providing services specifically for the agricultural community and not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent farm equipment operators and/or feed/seed suppliers.
AGRICULTURAL SUPPORT (DIRECT)
Uses that provide support and services to animal and crop production and dairying, or other related agricultural use, which are limited to and that operate on the site of on-going agricultural uses. These uses include: agricultural processing, agri-education, animal care businesses, customer operators (haymaking, brush hogging, crop storage, hauling, fencing, barn construction); direct market businesses for the sale of products produced on-site (e.g. pick your own), farm co-ops, farm based tourism events, farm machinery repair, pet farms, products combining recreation and consumption of agricultural products, portable sawmills, stables, wetlands mitigation banks, and similar uses. (Land Use Category: Agricultural Services).
AGRICULTURAL SUPPORT (INDIRECT)
Uses that provide support and services to animal and crop production and dairying, or other related agricultural use, either on the site of the agricultural use or off-site. These uses include: agricultural research facility, animal care businesses, central farm distribution hub for agricultural products, farm machinery repair, farm machinery sales, rental and service, mill feed, and farm supply centers, and other similar uses. (Land Use Category: Agricultural Services).
The tilling of soil, or raising of animals and/or fowl, including the agricultural industry or business such as dairies and similar uses. Land Use includes the raising or keeping of crops, livestock and livestock products, including but not limited to: field crops, fruits, vegetables, horticultural specialties, cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs. A garden accessory to a residence shall not be considered agriculture..
Any area of land or water designed and set aside for the landing and takeoff of aircraft, including all necessary facilities for the housing and maintenance of aircraft.
A runway without normal air base or airport facilities. (Land Use Category: Aviation Facility, public/private).
A passage for vehicular traffic within a parking area, through a parking bay.
A narrow street or thoroughfare giving access to the rear or side of lots or buildings.
Any change or rearrangement in the adaptability, external appearance, or supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, or any enlargement or reduction of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
AMATEUR RADIO TOWER
An antenna, or any combination of a mast plus an attached or mounted antenna, that transmits noncommercial communications signals and is used by an amateur radio operator licensed by the Federal Communications Commission.
A man-made or natural feature which enhances or makes more attractive a particular site for development.
A facility, primarily outdoors and open to the public for a fee, that includes structures and buildings for providing entertainment including rides, booths for the conduct of games or sale of items, buildings for shows and entertainment, and restaurants and souvenir sales. (Land Use Category: Commercial Outdoor Entertainment).
ANEMOMETER, WIND MONITORING, OR METEOROLOGICAL TOWER
A temporary tower equipped with devices to measure wind speeds and direction and used to determine how much wind power a site can be expected to generate.
The keeping or raising of livestock under cover or in a confined lot for a total of 45 days or more in any twelve-month period. Examples of animal confinement include, but are not limited to, dairies, poultry houses, swine or veal operations, or feed lots.
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. (Land Use Category: Veterinary Hospital/Clinic).
ANIMAL PRODUCTION (OTHER THAN INTENSIVE FARMING)
A facility and its supporting lot area used for propagation, rearing, exercising, feeding, or general raising of livestock or other living animals for animal husbandry purposes, and not including intensive farming confinement facilities or dairies. (Land Use Category: Agriculture).
A facility, other than a private residential dwelling and its surrounding grounds, that is used to house or contain animals and that is owned, operated, or maintained by a nongovernmental entity including a humane society, animal welfare organization, society for the prevention of cruelty to animals, or any other organization operating for the purpose of finding permanent adoptive homes for animals. (Land Use Category: Agriculture).
ANTIQUE AND GIFT SHOPS
A commercial establishment which is used primarily for the indoor display and retail sale of merchandise, primarily furniture, silverware, glassware and other curios and collectibles of which 80 percent or more are over 50 years old or have collectible value; flea markets, furniture stores, secondhand stores, and thrift stores shall not be included in the is use group.
A unit in a multifamily dwelling providing a dwelling for a single family, in which separate access to the outside is usually not provided and in which the major orientation of the unit is horizontal rather than vertical; or any condominium unit of similar physical character, appearance and structure.
A person or entity who submits a development application/petition requesting approval of a permit or development plan approval under this Ordinance.
APPLICATION OR PETITION
The completed form or forms and all accompanying documents, exhibits, and fees required by this Ordinance to be submitted for review when a person or entity requests approval of a permit, change in zoning classification, or development plan.
ARENA, STADIUM, OR AMPHITHEATER
A building or structure designed or intended for use for spectator sports, entertainment events, expositions, and other public gatherings, which is partially or entirely surrounded by tiers of seats for spectators. Such uses may or may not include lighting facilities for illuminating the field or stage area, ticket booths, concessions, restrooms, parking facilities, and maintenance areas. (Land Use Category: Commercial Indoor or Outdoor Entertainment).
An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art. (Land Use Category: Cultural Services).
ART, CRAFTS, MUSIC,DANCE, PHOTOGRAPHY, OR MARTIAL ARTS STUDIO/SCHOOL
An establishment with space used for the production of or instruction in, art, crafts, music, dance, photography, or martial arts. (Land Use Category: Fine Arts Studio).
ASPHALT OR CONCRETE PLANT
An industrial facility used for the production of asphalt or concrete, or asphalt or concrete products, used in building or construction, and includes facility for the administration or management of the business, the stockpiling of bulk materials used in the production of asphalt or concrete or finished products manufactured on the premises and the storage and maintenance of equipment used in production of the finished product. (Land Use Category: Industrial Manufacturing).
The monetary price that a parcel of land, portion of land, improvement on land, or other commodity is assigned by the Commissioner of Revenue’s office for the purposes of taxation.
ASSISTED LIVING FACILITY
A public or private congregate residential facility that provides personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four or more adults who are aged, infirmed, disabled, and who are cared for in a primarily residential setting. This does not include a home or residence of an individual who cares for or maintains only persons related by blood or marriage or a residential facility for eight (8) or fewer individuals who are treated as a single family in accordance with §15.2-2291 of the Code of Virginia, (1950), as amended.
A structure or structures in combination used for the conduct of personal property auctions on a temporary basis by an auctioneer licensed by the Commonwealth of Virginia.
AUDITORIUM OR STAGE
A building or structure designed or intended for use for presentation of dramatic, musical, or live performances, other entertainment and cultural events, and/or other public gatherings, all occurring inside an enclosed structure typically limited to a capacity of 500 or fewer seats. This used does not include motion picture theaters.
A person with express written consent to act upon another’s behalf.
AUTOMATIC TELLER MACHINE (ATM)
A mechanized device operated by a bank or financial institution that allows pedestrian customers or customers in motorized vehicles to perform banking or financial transactions at locations remote from the controlling bank or financial institution. Where an ATM is provided on site with the bank or financial institution, it shall be considered part of the principal use. Where an ATM is provided at other locations, such as a shopping center, it shall be considered an accessory use to the principal use of the location. (Land Use Category: Financial Institution).
AUTOMOBILE DEALERSHIP, NEW OR USED
The use of any building, land area, or other premises for the display of three or more new and/or used automobiles, trucks, vans, or motorcycles for sale or rent, including any warranty repair work and other major or minor repair service conducted as an accessory use.
Any lot or place or part thereof which is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated and which it would not be economically practical to make operative, are placed, located or found, as defined in § 33.1-348, Code of Virginia, as amended.
AUTOMOBILE PARTS/SUPPLY, RETAIL
Retail sales of automobile parts and accessories. Typical uses include automobile parts and supply stores, which offer new and factory-rebuilt parts and accessories, and include establishments which offer minor automobile repair services.
Rental of automobiles and light trucks/vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas.
AUTOMOBILE REPAIR SERVICES
An establishment primarily engaged in providing repair and maintenance services for automotive vehicles such as passenger cars, sports utility vehicles, pickup and other light trucks, small vans, and motorcycles. This use includes oil change and lubrication shops, automotive glass shops, and general automotive repair garages or shops, which provide a wide range of mechanical and electrical repair and maintenance services.
AUTOMOBILE SERVICE STATION
Any areas of land, including structures thereon, used for retail sale of gasoline or oil, automobile accessories and incidental services, including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles under cover, but excluding painting.
AUTOMOTIVE PAINTING OR BODY SHOP
A facility providing collision repair and painting services for automobiles, pickup and other light trucks, or trailers, including bodywork, framework, welding, and major painting and undercoating work. (Land Use Category: Automobile Repair Services).
AUTOMOTIVE WRECKER SERVICE
An establishment providing towing and temporary storage on-site of no more than ten (10) wrecked or inoperable vehicles for a period of no longer than ninety (90) days. If an establishment exceeds the number of vehicles or duration of storage continuously for a period of six (6) months, then it shall be considered a junk/salvage yard. (Land Use Category: Automotive Repair Services).
AVIATION FACILITIES, PRIVATE
Any area of land used or intended for the landing and taking off of aircraft for personal use of the tenant or owner of the site, not available for public use or commercial operations. Aircraft includes helicopters, all fixed-wing planes and gliders, but not hang gliders.
AVIATION FACILITIES, PUBLIC
Landing fields, aircraft parking and service facilities and related facilities for operation, service, fueling, repair, storage, charter, sales, and rental of aircraft, and including activities directly associated with the operation and maintenance of airport facilities and the provision of safety and security. This facility is available for public use or commercial operation.
A roof-like cover extending over, or in front of, a place as a shelter.
A technique utilizing a balloon to demonstrate the height of a proposed wind energy system or wireless communications facility.
An establishment that provides retail banking services, mortgage lending, or similar services to individuals or businesses. Also see Financial Institution.
BASE FLOOD ELEVATION (BFE)
The Federal Emergency Management Agency designated one-hundred-year-surface elevation, plus one foot.
BASE FLOOD/ONE-HUNDRED-YEAR FLOOD
A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year).
A document on which property lines are depicted to the most-accurate scale.
The part of a building or structure that is wholly or partly below ground level and can be used for residential, office or retail sale purposes, with a structural headroom of 7 1/2 feet or more.
BATTERY STORAGE FACILITY
A battery or batteries, and necessary equipment and controls, utilized to extend the power available to the host facility, and/or the grid, when installed in conjunction with a utility scale solar energy farm.
A dwelling in which not more than five bedrooms are provided for overnight guests for compensation, on daily or weekly basis, with or without meals.
A sewage sludge that has received treatment for pathogen control and is treated or managed in an attempt to reduce vector attraction and contains no more levels of pollutants deemed acceptable for land application under the Biosolids Use Regulations.
Shall refer to the Board of Supervisors of Appomattox County, Virginia, unless otherwise specifically indicated.
A building where, for compensation, lodging and meals are provided for at least five and up to 14 unrelated persons, where no cooking or dining facilities are provided in individual rooms, and in which the length of stay usually exceeds one week in duration.
BOARD OF ZONING APPEALS
The Appomattox County Board of Zoning Appeals, as established under this chapter; the Board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of the Zoning Ordinance.
A roofed, open-sided passageway connecting two structures, such as a house and/or a garage.
An establishment primarily engaged in brewing ale, beer, malt liquors, and nonalcoholic beer with a capacity of greater than 315,000 gallons per year. A brewery may include a restaurant or public tasting room as an accessory use.
An establishment that is primarily a restaurant where ale or beer is brewed on premises as an accessory use. Also see Microbrewery.
BUFFERING or SCREENING
A strip of land with existing vegetation retained and/or supplemental vegetation added with trees/shrubs and maintained to provide transition and separation, to reduce noise and glare and to partially obstruct the view between adjacent land uses or properties. Buffers are undeveloped space, not to be cleared, graded, or excavated.
Any structure designed or intended for support, enclosure, shelter or protection of persons, animals, chattels or property.
The Virginia Statewide Building Code, adopted by the governing body, and any amendments thereto.
BUILDING, HEIGHT OF
The vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of the roof surface of a flat roof, to the deckline of a mansard roof, and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; in the case of a building set back from the street line 35 feet or more, the “building height” is measured from the average elevation of the finished ground surface along the front of the building; and on a corner lot exceeding 20,000 square feet in area, the “height of the building” may be measured from either adjoining curb grade.
The Building Official appointed by the governing body to administer and enforce the Building Code, or his designated representative or agent.
The line, parallel to the street right-of-way, which passes through the point of the principal building nearest the street right-of-way, or in the case of the rear building line, farthest from the street right-of-way.
A building in which is conducted the main or principal use of the lot on which said building is situated.
An approval statement signed by the Building Official authorizing the construction, alteration, reconstruction, or demolition of all or part of any building or structure because the proposed development complies with this Ordinance and the Building Code.
BUSINESS OR TRADE SCHOOL
A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary or secondary, or college and university, or as a home occupation.
BUSINESS SUPPORT SERVICES
Establishments or places of business engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional, and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, as well as temporary labor services.
A measurement of the diameter of a tree trunk measured 4.5 feet above ground level.
A use which primarily provides recreational opportunities of an outdoor nature on a daily or overnight basis. Included in this use type would be scout camps, religious camps, children’s camps, wilderness camps, and similar uses which are not otherwise specifically described in this chapter.
A lot or group of lots under common ownership designed and used to accommodate short-term, overnight guests using recreational vehicles, tents, or some other form of temporary lodging and not for permanent residential use. Temporary lodging or short-term lodging for the purpose of the Ordinance shall mean less than thirty (30) consecutive calendar days.
A designated plot of ground within a campground intended or used for the exclusive occupancy by a tent, recreational vehicle, or a vacation cottage.
A structure that is not enclosed and is made of rigid or flexible material, that provides overhead protection from rain or sun for drive through service activity, including nonresidential establishments with drive-through service and gas pump islands at gas stations. The canopy may be attached or adjacent to a nonresidential building.
CAR WASH or AUTO DETAILING-
A commercial establishment providing the exterior washing and cleaning of vehicles where vehicles are manually driven into, or pulled by a conveyor through, a system of rollers and/or brushes, or by systematic manual hand washing/cleaning for commercial purposes. Interior cleaning and/or exterior drying may be conducted manually by the vehicle operator or an on-site attendant(s).
A part of a building or structure that is wholly or partly below ground level and cannot be used for residential, office or retail sales purposes, except for storage, with a structural headroom of less than seven feet and having more than 1/2 of it height below grade.
A privately or church-owned and/or -operated place of burial of the dead, where lots may be sold and perpetual care of the graves may be furnished.
CERTIFICATE OF OCCUPANCY
A certificate granted by the Building Official which permits the use of a building or structure in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulations or conditions of the Building Permit. A building may not be occupied without the issuance of a Certificate of Occupancy.
CERTIFICATE OF ZONING COMPLIANCE
For the purposes of this chapter, official certification that premises conform to all applicable provisions of this chapter and may be lawfully used or occupied.
CHANGE OF USE
Any use which is not identical to the previous use of the building, structure, or land.
CHECK CASHING ESTABLISHMENT
Any person or establishment engaged in the business of cashing checks, drafts, or money orders for compensation, and registered with the State Corporation Commission pursuant to §6.1-443, Code of Virginia, (1950), as amended. (Land Use Category: Financial Institution).
The keeping of chickens located in principal residential zoning districts as an accessory use for the purpose of providing individual households in urban/suburban environments the opportunity to produce fresh eggs for personal household consumption.
A building which is used by a religious organization for public worship, including support facilities, such as a clergy residence, instructional buildings and church-owned cemeteries. (Also see “religious assembly.”)
The Circuit Court of Appomattox County, Virginia.
A facility designed to accommodate 500 or more persons and used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor display, food and beverage preparation and service for on-site consumption. Similar structures with a capacity less than 500 persons constitute a conference center or training center. (Land Use Category: Commercial Indoor Entertainment).
A facility providing medical, psychiatric, or surgical service for sick or injured persons exclusively on an outpatient basis, including emergency treatment, diagnostic services, training, administration, and services to outpatients, employees, or visitors.
A group of people organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws. Civic club organizations include but are not limited to Ruritan clubs, Kiwanis clubs, Masonic clubs, and private and nonprofit clubs such as the YMCA.
Any nonprofit corporation organized and operated to provide facilities for dining, golf, tennis and swimming to its private, self-perpetuating membership. Civic, fraternal and patriotic clubs and lodges, whether operated for profit or not, shall be deemed “country clubs.”
A for-profit or nonprofit entity which has a building(s) or land(s) used by hunters or invited guests of hunting expeditions. A hunting cabin, which may be an ancillary part of the club, may include cooking facilities and sleeping quarters or bunkhouses for limited stays of not more than 30 consecutive days.
An establishment operated for the social, educational or recreational benefit of the members thereof, in which no enterprise is conducted except for the convenience of the members thereof and their guests. It includes, but is not limited to, hunt clubs, country clubs, and swim clubs, etc.
A building or room used for social or recreational activities by members of an organization or club (e.g. golf course clubhouse) or occupants of a residential or other development (e.g. home owners association). A clubhouse is subordinate to the principle use of the property.
A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive areas.
The Code of Appomattox County.
COLLEGE OR UNIVERSITY
A public or private, non-profit 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 centers, athletic fields, dormitories, and other facilities which further the educational mission of the institution. (Land Use Category: Educational Facilities, College/University).
A wholesale, retail or service business activity established to carry on trade for a profit.
COMMERCIAL INDOOR AMUSEMENT
Establishments which provide multiple coin operated amusement or entertainment devices or machines as other than an incidental use of the premises. Such devices would include pinball machines, video games, and other games of skill or scoring, and would include pool and or billiard tables, whether or not they are coin operated. Typical uses include game rooms, billiard and pool halls, and video arcades.
COMMERCIAL INDOOR ENTERTAINMENT
Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theatres, concert or music halls.
COMMERCIAL INDOOR SPORTS AND ENTERTAINMENT
Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, and/or tennis facilities, and indoor shooting ranges.
A feedlot whose primary enterprise is to feed cattle and market them for slaughter.
COMMERCIAL LANDSCAPE OPERATION
The provision of tree, lawn, and landscaping services including planting, pruning, mulching, and tree/lawn/grounds maintenance using landscaping materials grown on the property and landscape materials produced off-site such as top soil and mulch. Includes greenhouses, office building, and equipment necessary for the operation of such services. (Land Use Category: Landscaping and Lawn Care Services).
COMMERCIAL OUTDOOR ENTERTAINMENT
Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include sports arenas, motor vehicle or animal racing facilities, and outdoor amusement parks.
COMMERCIAL OUTDOOR SPORTS AND RECREATION
Predominantly participant uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, and motorized model airplane flying facilities.
The Planning Commission of Appomattox County and the Town of Pamplin City, Virginia, known as the “Appomattox County Planning Commission.”
Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephonic mechanisms. Excluded from this use type are facilities classified as Utility Services or Wireless Communications Facilities. Typical uses include television studios, telecommunication service centers, telegraph service offices, or film and sound recording facilities.
A building used for recreational, social, educational, and/or cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency. Includes uses for senior citizens and/or youth.
A private or public facility for the cultivation of fruits, flowers, vegetables or ornamental plants by more than one person, household or family , with produce used exclusively by said person, household or family within the common community, for the greater good of the common community. (Land Use Category: Accessory Use/Structure).
A recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are located within or adjacent to such development.
Any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, reptile, native bird, or any feral animal or any domesticated animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. Agricultural animals, such as livestock, game species, or any animals regulated under federal law as research animals shall not be considered companion animals.
A structure, reviewed and approved by the Robert E. Lee Soil and Water Conservation District, or other appropriate agency, utilized for the disposal of dead fowl.
The agricultural process by which organic waste (i.e. yard trimmings, food wastes, manures) are combined in proper ratios; adding bulking agents (i.e. wood chips) as necessary, to provide air space; controlling temperature, moisture, and oxygen to achieve accelerated decomposition; thus producing a stable humus material.
A change in the zoning classification of a parcel of land or portion thereof, in which voluntary conditions, otherwise known as proffers, are placed on the approval of change in zoning classification.
A use of the land which may be allowed in a zoning district in which the land is situated subject to the approval of the governing body after a public hearing thereon.
CONDITIONAL USE PERMIT
A permit issued by the Board of Supervisors for a land use that is not listed under the permitted uses for the zoning district in which the land is located, but which the zoning ordinance does list for that zoning district as a ‘conditional use’, a ‘special use’ or words of similar import, signifying that the use is to be permitted only after being submitted to governmental scrutiny in each case, in order to ensure compliance with standards designed to protect neighboring properties and the public. The term ‘conditional use permit’ is used interchangeably with ‘special use permit’ and ‘special exception’.
A single unit in a multiple-unit residential or commercial structure that is offered for sale and shall be a part of a condominium project with general common elements, as defined in § 55-79.2, Code of Virginia 1950, as amended.
CONFERENCE OR TRAINING CENTER
A facility designed to accommodate fewer than 500 persons and used for conferences, seminars, product displays, recreational activities, and entertainment functions, along with accessory functions such as food and beverage preparation and service for on-site consumption. (Land Use Category: Business or Trade School).
A unanimous agreement between the developer and affected property owners that the proposed project is compatible as determined by the presiding officer (formal voting prohibited).
The recorded grant of property rights establishing limitations that run with the land for a minimum of forty (40) years duration that prohibit subdivision of non-farm development on the tract other than one single family dwelling. Such easements shall be held by an entity authorized to hold easements in the Commonwealth of Virginia.
The erection of any building or structure or any preparations thereof, including land disturbing activities.
CONSTRUCTION SALES AND SERVICE
Establishments or places of business primarily engaged in retail or wholesale sales, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments.
Establishment housing facilities or businesses primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses include building contractor yards, concrete contractor yards, heating and air contractors, and electrical contractors.
CONSUMER REPAIR SERVICES
Establishments primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.
Parcels of land sharing a common border not separated by a state maintained road, railroad, or public utility right of way.
Areas where adjacent properties are developed.
A building or portion of a building used by a building, heating, plumbing, electrical, or other development contractor both as an office and for the storage of a limited quantity of materials, supplies, or equipment inside the building. (Land Use Category: Construction Yard).
Areas or facilities used for the outside storage of materials and equipment for businesses engaged in construction activities. This use type typically does not provide for office space or any enclosed facility. Also known as a Construction Yard.
CONVENIENCE CENTER, COUNTY
A facility that accepts residential solid wastes generated by and transported from individual uses for temporary transport to a processing or disposal facility. Facility is operated by Appomattox County.
Establishments primarily engaged in the provision of frequently or recurrently needed goods for household consumption, such as prepackaged food and beverages, and limited household supplies and hardware. Convenience stores shall include sales of various fuels. Typical uses include neighborhood markets and country stores.
A public or privately operated use providing housing and care for individuals legally confined for violation of criminal law, designed to isolate those individuals from a surrounding community. Such uses may include cafeteria, housing for facility staff, and facilities for the production of goods or materials for sale so long as it is enclosed within the secured area.
Appomattox County, Virginia.
A facility providing temporary protective sanctuary for victims of crime or abuse including emergency housing during crisis intervention for victims of rape, child abuse, or physical beatings for a length of time not to exceed thirty (30) days.
Agricultural and horticultural uses, including, but not limited to the commercial production of grains, field crops, vegetables, fruits, flower fields, and seed production, ornamental crops, tree and sod farms.(Land Use Category: Agriculture).
A street with only one outlet terminating in a circular turning area.
A library, museum, or similar public or quasi-public use displaying, preserving, and exhibiting objects of community and cultural interest in one or more of the arts or sciences.
Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, or the use of mechanical equipment commonly associated with residential or commercial uses, or a single kiln.
A small structure, ornamental in nature, built on top of a roof.
A building open to the general public for the purpose of providing a place for dancing and where an admission is charged for the purpose of making a profit, except when sponsored by a civic, charitable or nonprofit group.
An establishment primarily engaged in providing infrastructure (e.g. computer systems and associated components such as telecommunications and storage systems) for data processing and storage, web hosting, application hosting, streaming services, and related services. Use includes server farms, telecom hotel, carrier hotel, telehouse co-location center, or any other term applicable to facilities which are used for these specified purposes. (Land Use Category: Industrial Manufacturing).
Any facility operating for the purpose of providing care, protection, and guidance to five or more individuals during only part of a twenty-four-hour day. This term includes nursery schools, preschools, day-care centers for individuals, and other similar uses, but excludes public and private educational facilities or any facility offering care to individuals for a full twenty-four-hour period.
DAY-CARE CENTER FOR ADULTS
A facility which is either operated for profit or which desires licensure for four or more aged, infirm or disabled adults, which is operated during a part of the day only and which provides supplementary care and protection of individuals who reside elsewhere, except a facility or portion of a facility licensed by the State Board of Social Services and the home or residence of an individual who cares for only persons related to him by blood or marriage, and meeting applicable licensing requirements of the commonwealth.
A structure, without a roof, directly adjacent to a principal building, which has an average elevation of 30 inches or greater from finished grade. A deck may be constructed of any materials.
The transfer of private property to public ownership upon written acceptance.
The ratio of the total number of residential dwelling units on a lot to total lot area.
Any change to the land from its natural state other than property which is primarily devoted to agricultural use.
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to bring about development for the individual or another; includes the term “subdivider.”
DEVELOPMENT – A tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business
or, industrial purpose, or multiple residential dwelling units. The term shall include, but not be limited to the following:
- A change in the type of use of a building, structure, or land;
- Disturbance of land through the removal of trees or ground cover;
- Division of land into two (2) or more parcels;
- Dredging, filling, or grading;
- Construction or enlargement of a building or structure;
- Material increase in the intensity of use of land, including the number of businesses, dwelling units, offices, or manufacturing establishments;
- Demolition of a structure;
- Commencement or expansion of agricultural or horticultural or forestall activities;
- Commencement or expansion of resource extraction activities such as mining or drilling;
- Deposition of refuse or solid or liquid waste on land;
- Storage of buildings, equipment, materials or other structures;
- Alteration or disturbance of land, shore, bank, or channel of any stream, lake or body of water, including the alteration of any wetland.
A plan, drawn to scale, for one or more lots, parcels, or tracts on which is shown the existing and proposed conditions of the lot, parcel or tract.
An establishment primarily engaged in distilling and blending of potable liquors, including mixing them with other ingredients, with a capacity greater than 5,000 gallons of finished product per year. A distillery may include a restaurant or tasting room as an accessory use.
The product made by the acetous fermentation of dilute distilled alcohol derived from grain, sugar, syrup, molasses, or refiners’ syrup. Includes terms such as “distilled vinegar,” “grain vinegar,” or “spirit vinegar,” or similar words.
A section of Appomattox County, Virginia, within which the zoning regulations are uniform.
Normal family or household use of water, including drinking, laundering, bathing, cooking, heating, cleaning and flushing toilets.
Animal(s) of any species that are generally accepted as tamed/controlled by humans, but does not include any animal(s) regarded as of a wild species, which has been bred in captivity, or taken from the wild and tamed. This term does not include Livestock or Exotic Animals.
A road, usually private, made of a minimum of gravel, a minimum of ten (10) feet in width, which provides access from a street, public or private, to a dwelling unit or a commercial business.
DRUGSTORE OR PHARMACY
An establishment, either freestanding or part of a shopping center, usually with drive-through service, that is engaged in the retail sale of prescription. (Land Use Category: Retail Sales).
Any building or portion thereof which is designed for or used for residential purposes.
A building designed for or occupied exclusively by three or more families living independently of each other in three or more dwelling units; the term includes condominiums of similar physical appearance, character and structure.
A building designed for or occupied exclusively by one family in a single dwelling unit.
DWELLING, TWO-FAMILY (DUPLEX)
A building designed for or occupied exclusively by two families living independently of each other in two dwelling units.
One or more rooms in a residential building or in a mixed building which are arranged, designed, used or intended for use by one family, and which include lawful cooking space and lawful sanitary facilities reserved for the occupants thereof.
A grant by a property owner of the use of land for a specific purpose or purposes by the general public, a corporation or a certain person or persons.
EDUCATIONAL FACILITIES, COLLEGE/UNIVERSITY
An educational institution authorized to award associate, baccalaureate, or higher degrees.
EDUCATIONAL FACILITIES, PRIMARY/SECONDARY
A public, private, or parochial school offering instruction at the elementary, junior, middle and/or senior high school levels in the branches of learning and study required by the Commonwealth of Virginia.
A non-basement building built to have the lowest floor elevated above ground level by means of fill, solid foundation, perimeter walls, pilings, or columns (post and piers).
Includes fire, police, rescue squads and other similar activities.
An engineer registered by the Commonwealth of Virginia.
EQUIPMENT SALES AND RENTAL
Establishments primarily engaged in the sale, service or rental of tools, trucks, tractors, construction equipment, agricultural implements, party supplies, and similar industrial equipment, and the rental of temporary office/storage trailers. Included in this use type are the incidental storage, maintenance, and servicing of such equipment.
Any business, enterprise, or other land use permitted by this chapter.
A public sale or auction to dispose of the majority of the materials owned by a person who is deceased or will be moving. (Land Use Category: Temporary Use).
EXISTING LIVESTOCK, DAIRY, FEED LOT, POULTRY FACILITY
A livestock, dairy or poultry operation, with accessory uses or structures, which is occupied or has been occupied by a commercial livestock raiser, dairy or poultry operation for a twelve-month period of time within the five years immediately preceding the date on which zoning approval is sought for a dwelling, including sites or structures which are accessories to the livestock facility, dairy or poultry facility.
An increase in the floor area of an existing structure or building, or the increase in the area of a use.
Any animal(s) that are found in the wild, or in a wild state, and are native to a foreign country.
The act or process associated with metal manufacturing or manipulation. (Land Use Category: Industrial Manufacturing).
The front of a building.
The person or entity that owns all or a portion of a solar energy facility (farm), whether or not it owns the site on which the facility is located.
One or more persons living together in a single-family dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that four or more persons living together in a single-family dwelling unit who are not related by blood, adoption, or marriage do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family; the following criteria shall be present:
A. The group shares the entire dwelling unit.
B. The group lives and cooks together as a single housekeeping unit.
C. The group shares expenses for food, rent, utilities, or other household expenses.
D. The group is permanent and stable and not transient or temporary in nature.
E. Any other factor reasonably related to whether the group is the functional equivalent of a family.
FAMILY DAY HOME
A single-family dwelling in which more than five but fewer than 13 individuals are received for care, protection, and guidance during only part of a twenty-four-hour day. Individuals related by blood, legal adoption or marriage to the person who maintains the home shall not be counted towards the total. The care of five or fewer individuals for portions of a twenty-four-hour day shall be considered as a home occupation.
Any person who is a naturally or legally defined offspring, spouse, parent, grandparent, grandchild, or sibling.
A single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, with only one such division allowed per family member.
An area of land and its buildings used for growing crops and rearing animals; making one’s living by growing crops or keeping livestock, from which $1,000 or more of agricultural products are produced and sold, or normally would be sold, during a calendar year. (Land Use Category: Agriculture).
FARM BREWERY, LIMITED
A brewery that manufactures no more than 15,000 barrels of beer per calendar year, provided that the brewery is located on a farm owned or leased by such brewery or its owner and agricultural products, including barley, other grains, hops, or fruit used by such brewery in the manufacture of its beer, are grown on the farm. The on-premises sale, tasting, or consumption of beer during regular business hours within the normal course of business of such licensed brewery, the direct sale and shipment of beer and sale and shipment of beer to licensed wholesalers and out-of-state purchasers in accordance with state and federal law, the storage and warehousing of beer, and the sale of beer-related items that are incidental to the sale of beer are permitted.
FARM EMPLOYEE HOUSING
A dwelling located on a farm for the purpose of housing an employee of that farm operation and his/her family. Also included in this use type would be multifamily dwelling(s) for seasonal employees in connection with an orchard or other agricultural use which relies on seasonal employees who must be housed.
The person who runs the farm, making the day-to-day management decisions. The operator could be an owner, hired manager, cash tenant, share tenant, and/or a partner. If land is rented or worked on shares, the tenant or renter is the operator.
An establishment with facilities for fermenting and bottling where the owner or lessee of the facility manufactures wine that contains not more than 18 percent alcohol by volume and is either (1) located on a farm with a producing vineyard, orchard, or similar growing area or (2) located in the state with a producing vineyard, orchard, or similar growing area or that has agreements to purchase grapes or fruits from agricultural growers within the state. Accessory uses associated with this use include wine tasting, related food sales and related retail areas. (Land Use Category: Winery).
A public market held in a structure or open area where farmers primarily sell produce and other farm products they have grown, gathered, or raised directly to consumers. (Land Use Category-Retail Sales).
An enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals; a coop.
The arrangement, proportions, and design of windows and doors along the façade of a building.
A string of ribbons, tinsel, flags, pennants, pinwheels, or similar devices.
Provision of financial institutions and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments, and automatic teller machines (ATMs).
FIRE OR EMS STATION
A facility for the provision of local rapid response emergency services such as firefighting and mobile medical emergency services, including areas of storage and maintenance of emergency vehicles, and equipment and facilities for the housing and feeding of emergency personnel while on duty. (Land Use Category: Safety Services Public or Private).
A place for artificial breeding, hatching, and rearing through the early life stages of animals—finfish and shellfish in particular, primarily to support the aquaculture industry where they are transferred to on-growing systems, such as fish farms, to reach harvest size.
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, which may be new or used.
A general temporary inundation of lands not normally covered by water that are used or usable by man. Concurrent mudslides shall be deemed to be included in this definition.
FLOOD HAZARD AREAS
The maximum area of the floodplain which is likely to be flooded once every 100 years or for which mudslides can be reasonably anticipated.
Any land area susceptible to being inundated by water from any source.
A combination of structural provisions, changes or adjustments to properties and structures subject to flooding required for new construction in the floodway by the County Building Code.
The channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FLOOR AREA – (Gross Floor Area)
The sum of the gross horizontal areas of each coverned floor of a building, measured from the outside faces of exterior walls or from the centerline of party walls separating two buildings, but not including areas devoted to vehicle parking, uninhabitable basements, attics, or service/mechanical equipment rooms. Also not included in this calculation are areas open to the sky or unenclosed on two or more sides (e.g. balconies, open porches, breezeways, patios, etc.).
FLOOR AREA RATIO
The ratio of gross floor area of al buildings on the lot to the total lot area.
A quantitative unit of measure referring to the measurement of illumination incident to a single point. One foot-candle is equal to one lumen uniformly distributed over an area of one square foot.
FORESTRY AND LOGGING
A use of land whereby forests are tended, harvested, and reforested either by natural or artificial reforestation, or both and where timber is cut and sorted on-site for commercial purposes. (Land Use Category: Temporary Use).
The use of land for the raising and harvesting of timber, pulp woods, and other forestry products for commercial purposes, including temporary operation of a sawmill and/or chipper to process timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with land development approved by the County, which shall be considered an accessory to the development of the property.
An establishment that provides human funeral services, including embalming and memorial services. Crematories are an accessory use to a funeral home.
Establishments engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes, mortuaries, or crematories.
GARAGE OR YARD SALE
The temporary and occasional use of the garage and/or yard of a residential dwelling for the casual sale of miscellaneous items of personal property to the general public. (Land Use Category: Temporary Use).
An accessory structure or a portion of the main building designed for the storage of automobiles owned and used by the occupants of the main building.
A building or portion thereof, other than a private garage, designed or used for storing motor-driven vehicles.
Establishments or places of business primarily engaged in retail or wholesale (bulk) sale, from the premises, of trees, shrubs, seeds, fertilizers, pesticides, plants and plant materials primarily for agricultural, residential, and commercial consumers. Such establishments typically sell products purchased from others but may sell some material which they grow.
Any use of land, unenclosed except for fencing, for the raising of grass, flowers, vegetables, crops, trees or other botanical objects of natural growth, but not including accessory structures used for the same purpose.
A retail establishment at which motor vehicles are refueled, serviced, and sometimes repaired; also known as a “filling station.” Also see “convenience store.”
The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
Any golf course, publicly or privately owned, on which the game golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges.
GOLF DRIVING RANGE
A limited area on which golf players do not walk but onto which they drive golf balls from a central driving tee, such area to include the driving tee and other incidental activities pertaining to this activity.
The Appomattox County Board of Supervisors or its designated agent or representative.
A structure for the raising of plants or flowers indoors for private or retail purposes.
An establishment engaged in retail and/or wholesale sale of food, foodstuffs, sundries, or other common household items to members of the public. (Land Use Category: Retail Sales).
A residential facility in which no more than eight mentally ill, mentally disabled or developmentally disabled persons reside, with one or more resident counselors or other staff persons.
A use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a twenty-four-hour day.
An establishment providing accommodation, rehabilitation, counseling, and supervision to persons suffering from alcohol or drug addiction, to persons reentering society after being released from a correctional facility or other institution, or to persons suffering from similar disorders.
Solid or liquid waste which, because of concentration, quantity, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible or incapacitating illness; may pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed; or is identified by the United States Environmental Protection Agency as hazardous.
The Appomattox County Health Department or its designated agent or representative.
A fence or a boundary formed by a dense row of shrubs or low trees.
For the purpose of determining the height limits in all zones as set forth in this chapter and shown on the Zoning Map, the datum shall be mean sea level (MSL) elevation unless otherwise specified.
The height of a wind turbine measured from the existing lowest grade to the tip of the rotor blade at its highest point, or blade-tip height.
HELICOPTER LANDING FACILITY
An identifiable area of land or water, or elevated on a structure, that is licensed or approved for the landing and takeoff of helicopters or other rotorcraft, and which may include ancillary facilities such as parking, waiting rooms, fueling station or maintenance equipment.(Land Use Category: Aviation Facility, Pubic/Private).
All state highways in the State Highway System so designated by the Commonwealth Transportation Board under requirements of § 33.1-25 of the Code of Virginia (1950), as amended.
All roads in the Commonwealth of Virginia not currently in the primary system of state highways as provided for in § 33.1-67 of the Code of Virginia (1950), as amended.
Any landmark listed on the Virginia Landmarks Register by the Historic Resources Board according to the procedures set out in the Code of Virginia.
Any structure that is listed on the National Register of Historic Places, or listed on the Virginia Landmarks Register, or listed on an inventory of historic places developed by the county. Such buildings or structures have contributed to the historic significance of the community, state or nation.
HOME BEAUTY/BARBER SALON
Incidental use of a single-family dwelling for hairstyling or barbering, established and conducted in accordance with the use and design standards found herein.
HOME FOR ADULTS
Any place, establishment or institution, public or private, including any day-care center for adults, operated or maintained for the maintenance or care of four or more adults who are aged, infirm or disabled, except a facility or portion of a facility licensed by the State Board of Health or the State Hospital Board, but including any portion of such facility not so licensed, and the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage, and meeting applicable licensing requirements of § 63.2-1701, Code of Virginia 1950, as amended.
HOME FOR THE AGED
A building or place in which the establishment is providing housing, board, lodging and maintenance for four or more aged persons who are not infirmed, chronically ill or incapacitated, with such establishment having separate sleeping quarters and common areas for dining, recreation and other similar facilities.
Use of land on a residential lot for the outdoor cultivation of vegetables, fruits, flowers, or other small plants as accessory to the principal residential use, for consumption by the occupants of the use. (Land Use Category: Temporary Use).
An accessory use of a dwelling unit, located either in the main building or an accessory building, for financial gain or support, involving the manufacture, provision or sale of goods and/or services which is clearly incidental to or secondary to the residential use of a dwelling unit.
A. TYPE I A home occupation of an intensity suitable for the more-densely established residential areas typically found in or near the suburban areas of the County as designated by the Comprehensive Plan.
B. TYPE II A home occupation of an intensity suitable for the more agricultural and rural areas of the County as designated by the Comprehensive Plan.
A facility with support and supervisory personnel that provides temporary living accommodations for homeless persons.
A non-profit organization operating under recorded land agreements through which each landowner is automatically a member and each lot is automatically subject to the covenants or rules, and may be charged a proportionate share of the expenses for the organizations activities.
HORSE BOARD AND EQUESTRIAN TRAINING
An establishment where horses are boarded and cared for, where instruction in riding, jumping, and showing is offered, and where horses may be hired for riding. Use may include a livery stable and riding academies. (Land Use Category: Stable, Commercial)
Includes sanatorium, preventorium, clinic or rest home, and is deemed to mean a place for the treatment of human disorder and ailments; or an institution providing health services for inpatient medical or surgical care, care of sick or injured and related laboratories, offices and outpatient facilities and services.
A building or group of attached or detached buildings containing dwelling or lodging units, in which 50% or more of the units are intended primarily for rental or lease to transient persons by the day, week, or month. Such uses shall include a lobby, clerk’s desk or counter and facilities for registration and keeping of records relating to guests. In addition, such uses should contain or provide one or more of the following: ice/vending/snack machines, gift or other personal-service-type shops, fitness/workout facility, outdoor recreation amenities, meeting/conference rooms, maid/cleaning facilities, restaurant/lounge and laundry facilities.
Domesticated animals that are kept for personal use or enjoyment, either inside or outside of a home in conjunction with a residential dwelling land use. Household pet shall include, but not be limited to dogs, cats, birds, and/or rodent, or similar animals, as determined by the Zoning Administrator. Exotic animals, meaning any animal(s) that are found in the wild, or in a wild state, and/or are native to a foreign country, shall not be considered a household pet. Livestock shall not be considered a household pet.
INDUSTRIAL/COMMERCIAL PARK DEVELOPMENT
A form of development characterized by a unified site design for a variety of commercial and industrial uses, open space buffers, and a mix of building types in which flexibility is given to project planning by allowing for the specific land uses to be determined as the market/need arises.
Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Use may include processing, manufacturing, compounding, assembling, packaging, treatment or fabrication of materials and products, bottling, printing plants, pharmaceuticals, cosmetics, solvents and/or other chemicals, and the production of items made of stone, metal or concrete.
The development of vacant or partially developed parcels that are surrounded by or in close proximity to areas that are substantially or fully developed.
Feeble from age and physically or mentally unable to care for oneself.
INTENSIVE DAIRY FACILITY
Any enclosure, pen, feedlot or accessory structure(s) that includes the raising or production of at least 300 dairy cattle. It includes any buildings, structures, excavations, or enclosed areas directly involved therein, including land used for feed lot purposes, and any animal waste storage structures, excavations or areas directly connected to or associated with such operations. Open pasture land, not used for active grazing, is expressly excluded.
INTENSIVE FARMING FACILITY
A specialized farming facility that includes the raising or production of a large number of animals usually in a confined indoor facility, which includes beef cattle, dairy cattle, horses, poultry (chickens or turkeys), and/or pigs.
INTENSIVE LIVESTOCK FACILITY
Any enclosure, pen, feedlot or accessory structure(s) that includes the raising or production of at least 300 beef cattle, 3,000 sheep, or 150 horses. It includes any buildings, structures, excavations, or enclosed areas directly involved therein, including land used for feedlot purposes, and any animal waste storage structures, excavations or areas directly connected to or associated with such operations. Open pasture land, not used for active grazing, is expressly excluded.
INTENSIVE POULTRY FACILITY
Any enclosure, pen, feedlot or accessory structure(s) that includes the raising or production of at least 30,000 chickens or 16,500 turkeys. It includes any buildings, structures, excavations, or enclosed areas directly involved therein, including land used for feedlot purposes, and any animal waste storage structures, excavations or areas directly connected to or associated with such operations. Open pasture land, not used for active grazing, is expressly excluded.
INTENSIVE SWINE FACILITY
Any enclosure, pen, feedlot or accessory structure(s) that includes the raising or production of at least 750 pigs. It includes any buildings, structures, excavations, or enclosed areas directly involved therein, including land used for feedlot purposes, and any animal waste storage structures, excavations or areas directly connected to or associated with such operations. Open pasture land, not used for active grazing, is expressly excluded.
An explanation of the meaning of the text, uses, or other provisions of this Ordinance, or the boundaries of the Official Zoning Map or of the conditions of approval imposed on a permit or development approval.
Old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled or wrecked automobiles or parts thereof, iron, steel and other old or scrap ferrous or nonferrous material.
An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk or for the maintenance or operation of an automobile graveyard. (Land Use Category: Scrap & Salvage Services).
The boarding, breeding, raising, grooming, or training of three or more dogs, cats or other household pets of any age not owned by the owner or occupant of the property and for which commercial gain is the primary objective.
The keeping, breeding, raising, showing or training of three or more dogs over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial gain is not the primary objective.
Establishments primarily engaged in performing research or testing activities into technological matters. Typical uses include engineering and environmental laboratories, medical, optical, dental, and forensic laboratories, x-ray services, and pharmaceutical laboratories only involved in research and development. Excluded are any laboratories which mass-produce one or more products directly for the consumer market.
The earth, water, and air, above, below, or on the surface and includes any improvements or structures attached hereto.
.Any man-made change of the land surface, including removing vegetative cover, excavating, filling and grading, and the construction of any structure-but not including minor modifications to landscaping or agricultural activities such as planting, cultivating, and harvesting crops or trees, or growing or tending of gardens. The term shall not include those exemptions specified in the Code of Virginia § 62.1-44.15:34. (Land Use Category: Temporary Use).
LANDFILL, CONSTRUCTION DEBRIS
The use of land for legal disposal of construction and demolition wastes consisting of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, metals, and plastics associated with construction and wastes from land-clearing operations consisting of stumps, wood, brush, and leaves.
The use of land for the legal disposal of only inert waste. Inert waste is physically, chemically, and biologically stable from further degradation and considered to be nonreactive, and includes rubble, concrete, broken bricks, and block.
An engineered land burial facility for the legal disposal of municipal solid waste derived from households, business and institutional establishments, including garbage, trash, and rubbish, and from industrial establishments, other than hazardous wastes as described by the Virginia Hazardous Waste Regulations. Its purpose is to contain and isolate the solid waste so that it does not pose a substantial present or potential hazard to human health or the environment.
Any owner of a legal or equitable interest in real property, including heirs, devisees, successors, assigns, and agent or personal representative of the owner.
The improvement of the appearance of an area by the planting of trees, grass, shrubs, or other plant materials, or by the alteration of the contours of the ground.
LANDSCAPING AND LAWN CARE SERVICES
Establishments or places of business engaged in the provision of routine lawn maintenance, including mowing, landscaping, and planting. Retail sale of equipment, plantings, or mulch is not considered to be in this category; see “garden center.”
Establishments primarily engaged in the provision of laundering, cleaning, or dyeing services other than those classified as “personal services.” Typical uses include bulk laundry and cleaning plants, diaper services, or linen supply services.
LIFE CARE FACILITY
A residential facility primarily for the continuing care of the elderly, providing for transitional housing progressing from independent living in various dwelling units, with or without kitchen facilities, and culminating in nursing-home-type care, where all related uses are located on the same lot. Such facility may include services integral to the personal and therapeutic care of the residents.
Includes all domestic or domesticated: bovine animals, including but not limited to cattle; equine animals, including but not limited to horses; ovine animals, including but not limited to sheep; and porcine animals, including but not limited to hogs.
LIVESTOCK, DAIRY, FEED LOT, OR POULTRY STRUCTURE
Any building, structure, installation, storage container, or storage site used in the operations of an intensive livestock, dairy, or poultry facility, including, but not limited to, feed storage bins, incinerators, manure storage sites, poultry houses, poultry disposal pits, and dead poultry cold storage chests.
Any carcass, part thereof, meat, or meat food product of any livestock.
LIVESTOCK SALES & AUCTION
An enclosure or structure designed or used for holding livestock for the purposes of sale or transfer by auction, consignment, or other means. Also known as a Livestock Market.
LIVESTOCK OR SWINE RAISER, DAIRY OR FEED LOT OPERATOR, or POULTRY GROWER
The owner or operator of the livestock or swine facility, dairy, feed lot or poultry facility or the land on which the livestock, dairy, feed lot or poultry facility is located.
LOADING SPACE, OFF-STREET
Space for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.
Any display of emblems, lines or colors, or any combination thereof used as a symbol of an organization or business.
A measured portion or parcel of land separated from other portions or parcels by description in a site plan or a recorded plat or by metes and bounds, intended to be a unit for the purpose, whether immediate or future, or transfer of ownership or of development or separate use. The term applies to units of land, whether in a subdivision or a development.
The total horizontal land area within the lot lines of a lot, excluding any area within existing or proposed public street rights-of-way.
A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a “corner lot” if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135°.
The ratio of the horizontally projected area of the main and accessory buildings on a lot to the lot, except where otherwise defined herein.
LOT FRONTAGE WIDTH
The distance between side property lot lines measured at the front lot line.
A lot other than a corner lot, with only one frontage on a street.
LOT LINE (PROPERTY LINE)
A line forming the boundary of a lot.
LOT LINE ADJUSTMENT
An adjustment or reconfiguration of lot lines to an existing lot. Also known as a Boundary Line Adjustment.
LOT LINE, FRONT
The lot line separating the lot from an abutting street right-of-way or private road easement.
LOT LINE, REAR
The lot line along the edge of a property opposite its front lot line.
LOT LINE, SIDE
A lot line not abutting a street and connecting the lot’s front and rear lot lines.
LOT OF RECORD
A lot, which may or may not be part of a subdivision, that a plat of said lot has been recorded in the office of the Clerk of Circuit Court, or a lot described by metes and bounds, the description of which has been so recorded.
A panhandle- or flag-shaped lot with its widest point set back from the road at the rear of another lot (called the “pipe”), and having a thin strip of land connecting to the road to provide legal access and frontage (called the “stem”). Pipestem lots are also referred to as “panhandle lots” or “flag lots.”
A lot, other than a corner lot, with frontage on more than one street. Through lots abutting two streets may be referred to as “double-frontage lots.”
The distance between side lot lines measured at the required minimum building setback line in that district. In the case of lots on a curve in the street, the lot width measured along the minimum setback line shall not be less than 80% of the required lot width in the district. In the case of lots on the turning circle of a cul-de-sac, the width measured along the minimum setback line shall not be less than 60% of the required lot width in the district.
A standard unit of measurement referring to the amount of light energy emitted by a light source without regard to the effectiveness of its distribution.
MAJOR RECREATIONAL EQUIPMENT
A boat, boat trailer, pick-up truck camper, motor coach, motorized dwelling, tent trailer, or similar recreational vehicle or equipment, as well as, cases or boxes used for transporting recreational equipment, whether or not occupied by such equipment.(Land Use Category: Accessory Use/Recreational Vehicle).
MANUFACTURE and/or MANUFACTURING
The processing and/or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character or for use for a different purpose.
A structure subject to federal regulation, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to required utilities. Also see Mobile Home.
MANUFACTURED HOME, ACCESSORY
A manufactured home that is subordinate to a single-family dwelling or a manufactured home on a single lot and is used for storage. The structure must be altered to a point of being uninhabitable as determined by the Building Official.
MANUFACTURED HOMES SALES
Establishments primarily engaged in the display, retail sale, rental, and minor repair of new and/or used manufactured homes, parks, and equipment.
MANURE STORAGE SITE
Any storage sites where manure is kept for more than 60 days within a twelve-month period. The manure storage site must be within the contiguous acreage of an intensive farming operation.
Any establishment other than a regularly licensed hospital where nonmedical and nonsurgical manipulative exercises are practiced on the human body for reasons other than cosmetic or beautifying purposes by anyone that is not a physician or surgeon or has a similarly registered professional status.
MEAT PACKING PLANT
The processing of meat products and by-products, primarily for commercial purposes, directly from live animals or offal from dead animals. (Land Use Category: Industrial Manufacturing).
MEDICAL OR DENTAL CLINIC
A small-scale facility where patients are admitted for examination and treatment by one or more physicians, dentists, or other health practitioners on a short-term basis. Examples include, but not limited to,
A brewery which is housed within and operated in conjunction with a restaurant, and which manufactures no more than 15,000 barrels of beer per calendar year. A microbrewery is an accessory use to a restaurant.
A building designed to provide rental storage space in cubicles, where each cubicle has a maximum floor area of 400 square feet. Each cubicle shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods.
A structure, transportable in one section, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein, and classified under §§ 58.1-3503 and 58.1-3521, Code of Virginia 1950, as amended, for taxation purposes. An industrialized building unit, as defined under § 36-71.1, Code of Virginia 1950, as amended, is not a mobile home.
MOBILE HOME, DOUBLE-WIDE
A mobile home built in two sections on a permanent or removable chassis and which, when erected on site, has its tongue, wheels and axles removed; is affixed to a permanent perimeter foundation or skirt; is attached to water and sewer as required by the Virginia Department of Health; and must meet all other requirements of a single-family dwelling.
MOBILE HOME LOT
A parcel of land within boundaries of a mobile home park provided for the placement of a single or double-wide mobile home and the exclusive use of its occupants.
MOBILE HOME PARK
A parcel of land under single common ownership or which is operated as a business engaged in providing a place for manufactured homes, upon which three (3) or more mobile homes are located on a continual, non-transient living or sleeping purposes, non-recreational, basis together with any structure, equipment, road or other facility intended for use incidental to the occupancy of the mobile homes, but shall not include premises used solely for storage or display of uninhabited mobile homes or premises occupied solely by a land owner and members of his/her family.
MODEL SALES HOME
A dwelling, dwelling unit, or other marketable unit of a new development that is used for real estate sales or leasing activities associated with the development pending construction of the development and the initial sales of homes or units in the development. (Land Use Category: Retail Sales).
A dwelling unit constructed on site in accordance with the Virginia Uniform Statewide Building Code and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on a permanent foundation. See also “dwelling, single-family.”
MOTION PICTURE THEATER
A building or part of a building devoted to showing motion pictures. Use may include an open lot or part of an open lot with auxiliary facilities primarily for showing motion pictures on a paid admission basis to patrons. (Land Use Category: Commercial Indoor Entertainment).
A facility, primarily outdoors and open to the public, for a fee, designed for motor vehicle sporting activities. This includes automobiles, trucks, go-carts, motorcycles, tractors, dirt bikes, all-terrain vehicles (ATV) and similar vehicle types. (Land Use Category: Commercial Outdoor Entertainment).
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 and admission charge, and may include as an accessory use in the limited retail sale of goods, services, or products to the public. (Land Use Category: Cultural Services).
Any event in which damage to a use or structure is caused by flooding, wind, hail, lightning strike, tornado damage, explosion, falling trees, or falling tree limbs.
Includes soil, sand, gravel, stone or other mineral (other than oil and gas) naturally formed on or beneath the surface of the earth.
Any natural stream, river, creek, waterway, gully, or wash in which water flows in a definite direction or course, either continuously or intermittently, and which has a definite channel, bed, and banks.
A place of entertainment offering alcoholic beverages for consumption on the premises that may also provide on-site entertainment in the form of live performances, dancing, billiards, comedic performances, or other entertainment activities. This use does not include Adult Entertainment uses. (Land Use Category: Dance Hall).
An otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments to the chapter.
An otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage or other area regulations of this chapter or that is designed or intended for a use that does not conform to the use regulations of this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments of the chapter.
The otherwise legal use of a building or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments to this chapter.
A nonconforming use, structure, lot of record, sign, or site feature.
NONPUBLIC WATER SYSTEM
A water system which, as a general rule, does not provide water to the public for drinking or does not meet the requirements for a public water system; or a well used for obtaining water for drinking or domestic use located on an individual lot for the purpose of serving the main dwelling on said lot, with any new well to be at least a Class III-A drilled well as approved by the Health Department.
A building or structure not used for residential purposes.
The use of land, buildings, or structures for other than a rural use.
An organization or activity which has obtained nontaxable status from the United States Internal Revenue Service.
NOTICE OF VIOLATION
A notice indicating a violation of the Zoning Ordinance.
A place devoted primarily to the maintenance and operation of facilities for the treatment and care of any person suffering from illness, diseases, deformities or injuries not requiring extensive and/or intensive care that is normally provided in a general hospital or other specialized hospital, and includes rest homes and convalescent homes.
NUTRIENT MANAGEMENT PLAN
A plan reviewed and approved by the Robert E. Lee Soil and Water Conservation District, the Virginia Cooperative Extension Service or other appropriate agency that provides for the use and/or disposal of livestock or poultry nutrients from the operation.
Use of a site for business, professional, or administrative offices, excluding medical offices. Typical uses include real estate, insurance, management, travel or other business offices; organization and association offices; or law, architectural, engineering, accounting, or other professional offices.
Use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia.
A development that contains more than one separate office building, along with supporting uses, and/or open space, all of which are designed, planned, constructed and managed on an integrated and coordinated basis.(Land Use Category: General Office)
OFF-STREET PARKING AREA
Space provided for vehicular parking outside the dedicated street right-of-way.
ON-SITE SEWERAGE SYSTEM (SEPTIC TANK SYSTEM)
A sewerage system designed not to result in a point-source discharge, including individual septic tanks used by the main dwelling on an individual lot, and approved by the Health Department.
The portion of a lot not used for buildings, structures, parking, loading, or streets, which may be set aside for landscaping and/or recreation.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; a yard area which is not used for or occupied by a driveway, off-street parking, loading space, or refuse storage space. Open space may include recreation centers, swimming pools, tennis and basketball courts, and similar outdoor recreational facilities.
OPEN SPACE, COMMON
Land within or related to a development, not individually owned or dedicated for public use, which is intended for the common use or enjoyment of the residents of the development and may include such complementary structures as are necessary and appropriate. Open space may include recreation centers, swimming pools, tennis and basketball courts, and similar outdoor recreational facilities.
The person or entity responsible for the overall operation and management of a solar energy facility (farm), if different from the facility owner.
ORDINARY MAINTENANCE AND REPAIRS
Work performed on a building or structure to correct any deterioration or decay of, or damage to, the building or structure, or any part thereof, and restore the building or structure as nearly as practical to its condition prior to deterioration, decay or damage.
OUTDOOR DISPLAY AND SALE OF MERCHANDISE
The placement of products or materials for sale outside the entrance of a retail or wholesale establishment. Use is permitted as an accessory or ancillary use to the primary retail or wholesale sales use.
Any temporary organized gathering expected to attract 500 or more people at one time in open spaces outside of an enclosed structure. Included in this use type would be music festivals, church revivals, carnivals and fairs, and similar transient amusement and recreational activities not otherwise listed in this ordinance. Such activities held in public parks or on public school property shall not be included within this use type.
OUTDOOR SEASONAL SALES
A temporary outdoor business enterprise that is conducted primarily outside and offers items for retail sale during a relatively short peak season. Examples include Christmas trees, pumpkins, produce, flowers, and fireworks. (Land Use Category: Temporary Use).
The keeping, in other than a building, of any goods, materials, or merchandise on the same parcel for more than 24 consecutive hours.
Any person, agent, firm or corporation having a legal or equitable interest in the property.
PARCEL OF LAND
Any quantity of land capable of being described with such definiteness that its location and boundaries may be established which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit.
Any lot or parcel of land which was lawfully recorded by plat of subdivision and/or deed(s) in the office of the Clerk of the Court of Appomattox County prior to August 22, 1988.
PARK OR GREENWAY
Land used for recreation, exercise, sports, education, rehabilitation, or similar activities or land intended for the enjoyment of natural features or natural beauty. A greenway is typically a linear park that links various parts of the community with bicycle and pedestrian facilities or paths.
A publicly owned short-term parking facility for commuters.
PARKING FACILITY, SURFACE/STRUCTURE
Use of a site for surface parking or a parking structure unrelated to a specific use which provides one or more parking spaces, together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas and similar features, meeting the requirements established by this chapter. This use type shall not include parking facilities accessory to a permitted principal use.
A level surfaced area directly adjacent to a principal building which has an average elevation of not more than 30 inches from finished grade, and without walls or a roof. A patio may be constructed of any materials.
A use engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker and the incidental sale of such property.
A document issued by the Appomattox County Department of Community Development and/or Office of Building Inspections allowing a person to begin an activity provided for in this chapter.
A use of the land which is allowed by right in the zoning district in which the land is situated.
Any individual, corporation, government agency, business trust, partnership, two or more persons having joint interest, or any other legal entity.
PERSONAL IMPROVEMENT SERVICES
Establishments primarily engaged in the provision of informational, instructional, personal improvement, and similar services. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, and handicraft and hobby instruction.
Establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops, grooming of pets, seamstresses, tailors, or shoe repairs, florists, and laundromats and dry-cleaning stations serving individuals and households.
PLACE OF WORSHIP
A building or structure, together with its accessory buildings and uses, where people regularly assemble to conduct religious worship, ceremonies, rituals, and education. Examples include chapels, churches, mosques, shrines, synagogues, tabernacles, temples, and other similar religious places of assembly. (Land Use Category: Religious Assembly).
PLANNED UNIT DEVELOPMENT
A form of development characterized by unified site design for a variety of housing types and densities, clustering of buildings, common open space, and a mix of building types and land uses in which project planning and density calculation are performed for the entire development rather than on an individual lot basis.
The schematic representative of land divided or to be divided.
POLLUTANT or POLLUTION
Any material that causes the alteration of the physical, chemical or biological properties of any state waters, public or private water supplies, land or air in a manner that:
A. Is harmful or detrimental or injurious to the public health, safety or welfare, or the health of animals, fish or aquatic life; or
B. Renders a water supply unsuitable with reasonable treatment for use as present or possible future sources of public water supply or unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses.
A roofed open area, which may be glazed or screened, usually attached to or part of, and with direct access to or from, a building.
Postal services directly available to the consumer operated by the United States Postal Service.
Includes all domestic or domesticated poultry animals, including, but not limited to, hens, broilers, and turkeys.
An easement granted by the Virginia Department of Transportation for the construction and maintenance of public roads owned by said Department.
A person appointed by the commission or board to preside at public meetings or hearings.
PRINCIPAL BUILDING OR STRUCTURE
A building or structure in which the primary use of the lot on which the building is located is conducted.
The main use of land or structures, as distinguished from a secondary or accessory use.
PRINTING OR OTHER SIMILAR REPRODUCTION FACILITY
A commercial establishment primarily engaged in lithographic (offset), gravure, flexographic, screen, quick, digital, or other method of printing or reproduction of stock materials on a job order basis.
An office for the conduct of a professional use by persons generally engaged in rendering personal, executive, sales or administrative services or activities, including law, medicine, theology, architecture, accounting, engineering, insurance, real estate, stockbrokers and administrative agencies considered professional in character. The term, however, does not include repair or sales of tangible personal property stored or located within the structure nor any use which would create any loud noises or noxious odors.
An offer or proposal which the property owner, or his agents, commits himself to as additional requirements or restrictions on his property.
Facilities owned and operated by a public or quasi-public agency accommodating public assembly for sports, amusement, or entertainment purposes. Typical uses include auditoriums, sports stadiums, convention facilities, fairgrounds, and incidental sales and exhibition facilities.
A building owned or leased and occupied and used by an agency or political subdivision of the United States of America, the Commonwealth of Virginia or Appomattox County.
PUBLIC MAINTENANCE AND SERVICE FACILITIES
A facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment services centers, and similar uses having characteristics of commercial services or contracting or industrial activities.
PUBLIC PARKS AND RECREATIONAL AREAS
Publicly owned and operated parks, picnic areas, playgrounds, indoor or outdoor athletic facilities, game preserves, and open spaces.
PUBLIC SEWERAGE SYSTEM
A sewerage system owned and operated by the governing body or any sewerage system resulting in a point-source discharge and approved by the Health Department.
Public service structures, such as power plant substations; waterlines and treatment plants or pumping stations; sewage disposal systems and treatment plants; or such similar operation, publicly or privately owned, furnishing electricity, gas, rail transport, communication or related services to the general public.
PUBLIC WATER SYSTEM
A water system owned and operated by the governing body; or any water system for drinking or domestic use, approved by the Health Department, that generally has at least 15 connections or provides water to an average of 25 individuals for at least 60 days out of the year.
QUARRYING OR SOIL EXTRACTION
An area used for the purpose of removing or extracting stone, rock, soil, or similar materials from an open excavation for financial gain and to be used for building or construction purposes. (Land Use Category: Resource Extraction).
Railroad yards, equipment servicing facilities, and terminal facilities associated with the operation of a railroad system.
A structure erected over a mobile home for the purpose of providing shade or shelter.
RECREATIONAL SALES AND SERVICE
Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories.
A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel or seasonal use. The term “recreational vehicle” does not include mobile homes.
RECREATIONAL VEHICLE PARKS
Facilities for recreational vehicles, pickup coaches, motor homes, camping trailers, other vehicular accommodations and tents suitable for temporary habitation and used for travel, vacation and recreation purposes.
A receptacle or facility used for the collection and storage of recyclable materials designed and labeled for citizens to take voluntarily source separated materials for recycling.
A use located in a permanent building and providing regular, organized religious worship and related incidental activities. It includes churches, synagogues, mosques, and ancillary uses such as worship centers, fellowship halls and pavilions/playgrounds associated with the primary use.
The cost of restoring a damaged building or structure to its original condition. Replacement cost shall include reasonable estimates of the cost of materials and labor and shall be compared with the assessed value as determined by the County Assessor to determine the percentage of the cost of improvements.
The restoration to a good or sound condition of materials, systems and or components of a structure that are worn, deteriorated, or broken using materials or components identical to or similar to existing materials or components.
The Resident Engineer for Appomattox County, Virginia, employed by the Virginia Department of Transportation, or his designated agent.
A building or part of a building containing dwelling units or rooming units, including single-family houses, multiple-family dwellings, mobile homes, boarding or rooming houses, dormitories, fraternity or sorority houses or apartment hotels, but not including monasteries, convents, transient accommodations, such as hotels, motels, tourist cabins or recreational vehicle parks, or that part of a mixed building used for any nonresidential use, except accessory to residential uses.
A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operation, mining, and soil mining. Specifically excluded from this use type shall be grading and removal of dirt associated with an approved site development plan or subdivision, or excavations associated with, and for the improvement of, a bona fide agricultural use.
Any building in which, for compensation, food or beverage is dispensed to persons not residing on the premises, including, among other establishments, cafes, delicatessens, refreshment stands or drive-in facilities.
A professionally prepared drawing of the creation of new lots or parcels from existing lots or parcels on a subdivision plat recorded in the office of the Clerk of the Circuit Court.
Sale or rental, with incidental service, of commonly used goods and merchandise for personal or household use, but excludes those classified more specifically by definition.
RETAIL STORES AND SHOPS
Buildings for the display and sale of merchandise at retail or for the rendering of professional services (but specifically exclusive of coal, wood and lumber yards), such as the following, which will serve as illustration only and are not to be considered exclusive: drugstore, newsstand, food store, candy shop, milk, dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music and radio store, tailor shop, barbershop, and beauty shop.
A facility serving as a destination point similar to a hotel/motel and generally providing recreational facilities for persons on vacation. Buildings and structures are usually self-contained within a resort-like setting and serve to complement the scenic qualities of the lodge’s location.
A professionally prepared drawing of changes to items (setback lines, easements, etc.) on an existing subdivision plat recorded in the office of the Clerk of the Circuit Court.
Access over or across particularly described property for a specific purpose or purposes.
The dividing line between a lot, tract or parcel of land and a contiguous street, railroad or public utility right-of-way.
The right-of-way owned outright by the Virginia Department of Transportation on which public roads are constructed and maintained.
A building or structure used for the retail sale of fruits, vegetables, flowers, herbs or plants grown on same parcel of land where the stand is located. Such use may also include accessory sales of other unprocessed foodstuffs, home processed food products such as jellies, jams, pickles, sauces, or baked goods and homemade crafts. No commercially packaged goods, handicrafts or foodstuffs shall be sold. Also see Wayside Stand.
A building where, for compensation, lodging and meals are provided for at least five and up to 14 unrelated persons, where no cooking or dining facilities are provided in individual rooms, and in which the length of stay usually exceeds one week in duration.
SAFETY SERVICES, PRIVATE
Uses for the conduct of safety and emergency services for the primary benefit of the public, privately owned and operated, including emergency medical and ambulance services.
SAFETY SERVICES, PUBLIC
Uses for the conduct of safety and emergency services for the primary benefit of the public, publicly owned and operated or financially supported by the municipality, including police, fire protection and emergency medical and ambulance services.
A sawmill permanently located for the purpose of processing timber from the property on which it is located, from adjoining property or from other properties removed from the sawmill or its environs without regard to point of origination.
A sawmill located on private property for a period not to exceed six months for the sole purpose of processing timber cut only from that property or from property immediately contiguous and adjacent thereto, or incidental processing of timber transported from other property.
A round or parabolic antenna and its supporting structure for the purposes of sending and/or receiving radio or electromagnetic signals. (Land Use Category: Accessory Structure).
Any building or group of buildings, the use of which meets state requirements for primary, secondary, or higher education and which use does not secure the major part of its funding from any governmental agency.
The system of free public primary, elementary, and secondary schools established pursuant to § 22.1-2 of the Code of Virginia (1950), as amended.
SCRAP AND SALVAGE SERVICES
Places of business primarily engaged in the storage, sale, dismantling, or other processing of used or waste materials which are not intended for reuse in their original forms. Typical uses include paper and metal salvage yards, automotive wrecking yards, junkyards, used tire storage yards, or retail and/or wholesale sales of used automobile parts and supplies.
A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation. Screening is intended to obscure substantially, but not necessarily totally, visual impacts between adjoining uses.
Any building or portion thereof which is designed for and used for residential purposes as a single-family dwelling, additional to the primary single-family dwelling and is subject to meeting certain criteria outlined elsewhere in this ordinance.
The minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
A line parallel to a street and extending the full width of the lot for a specified distance at all points from the street right-of-way line, and thus defining an area on which no building or structures or portions thereof may be constructed.
The visible shimmer effect when rotating turbine blades cast shaded areas on the ground and nearby structures causing a repeating pattern of light and shade.
A standardized, reusable shipping vessel used in the transportation of freight and capable of being mounted on a rail car, or mounted to the chassis for movement by truck trailer or loaded on a ship. When placed on a parcel, unrelated to its natural use, and used for storage, whether privately or commercially, it shall be deemed an accessory structure. (Land Use Category: Accessory Structure).
SHOOTING RANGE, INDOOR/OUTDOOR
The use of land and/or a building for archery and/or the discharging of firearms for the purposes of target practice, skeet and trap shooting, mock war games, or temporary competitions, such as a turkey shoot. Excluded from this use type shall be general hunting and unstructured and nonrecurring discharging of firearms on private property with the property owner’s permission.
A group of commercial establishments planned, constructed, and managed as a total entity with shared access, customer and employee parking provided on site, provision of goods delivery separated from customer access, aesthetic considerations, and protection from the elements.
The area immediately adjacent to any state water, including lakes, pond and streams; more specifically, the line where open waters abut wetlands or fastlands during nonflood and nondrought periods.
An area of unobstructed sight distance along the approaches of a street or driveway to an intersection.
Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names, or marks, or combination thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a public business, a commodity, or product, which are visible from any public way and used as an outdoor display.
A sign utilizing any form of movement, including, but not limited to, animation, revolution, or vertical or horizontal motion, whether electrical, mechanical, windblown, or through change in lighting. For the purposes of this chapter, electronic changeable-copy signs shall be considered as a changeable-copy sign.
A square, rectangle, triangle, circle, or other geometric configuration, encompassing the entire advertising area, excluding architectural trim and structural supports.
Any sign that is affixed directly to a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or porch of a building and the face of which is parallel to the building element to which it is attached. Attached signs have only one face visible from the public right-of-way. Also referred to as a building mounted sign.
A type of attached sign painted on, printed on, or otherwise affixed to the surface of an awning.
A sign applied to cloth, paper, flexible plastic, or fabric of any kind and generally intended to be displayed on a temporary basis.
A sign which directs attention to a profession or business conducted, or to a commodity, service activity or entertainment sold or offered, upon the premises where the sign is located or in the building to which the sign is affixed.
A sign or part of a sign that is designed so that characters, letters, or illustrations can be changed or rearranged.
A sign informing or advertising products or activities for sale or profit.
A temporary sign identifying an architect, developer, builder, general contractor, subcontractor, material supplier, and or financing entity participating in construction on the property on which the sign is located.
Any sign displayed for the direction and convenience of the public, including signs which identify restrooms, location of public telephones, public entrances, freight entrances, or the like.
A sign with two parallel, or nearly parallel, faces, back to back, and located no more than 24 inches from each other.
An illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.
A sign which is supported by structures or supports in or upon the ground and is independent of any support from any building.
A freestanding sign located at or near the entrance to a local jurisdiction. Such sign shall be restricted to the identification of the local jurisdiction, notification of civic, social, or service organizations and items of public interest.
The vertical distance measured from grade to the highest portion of the sign or sign structure.
SIGN, HISTORIC SITE
A sign erected and maintained by a public agency or nonprofit historical society that identifies the location of and provides information about a historic place or event.
SIGN, HOME OCCUPATION
A sign associated with home occupation uses as provided for elsewhere in this chapter.
A permanent on-premises sign displaying only the name of a subdivision, multifamily housing development, shopping center, industrial park, office park, church, school, public or quasi-public facility, or similar type use.
Any sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
A freestanding sign directly affixed to a structure built on grade, in which the sign and the structure are an integral part of one another.
Any sign which advertises a business, use, service, or activity that once occurred but is no longer occurring on the property in which the sign is located.
A sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject not specific to the premises upon which it is located; any sign which directs attention to a message or business, commodity, activity, service, or product not conducted, sold, or offered upon the premises where the sign is located. These signs may also be known as “location signs,” “billboards,” “outdoor advertising signs,” or “general advertising signs.”
Any sign which directs attention to a business, commodity, activity, service, or product conducted, sold, or offered upon the premises where the sign is located. On-premises signs do not include signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business.
SIGN, POLITICAL CAMPAIGN
A sign relating to the election of a person to public office, or a political party, or a matter to be voted upon at an election called by a duly constituted public body.
A freestanding temporary sign that is designed to be moved easily and is not permanently affixed to the ground.
A sign that is affixed directly to a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or porch of a building and the face of which is roughly perpendicular to the building element to which it is attached.
SIGN, PUBLIC SERVICE
A sign advertising only the name, time, and place of any bona fide fair, carnival, festival, bazaar, horse show, or similar event when conducted by or for the benefit of any civic, religious, educational, or charitable cause, provided the sign shall be displayed no longer than 21 days per calendar year.
SIGN, REAL ESTATE
A temporary sign which advertises the sale, lease, rental, or display of the lot or building upon which such sign is displayed.
A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof or the deckline of a building with a mansard roof.
The minimum distance required between any property line and any portion of a sign or sign structure.
The supports, uprights, bracing, or framework of any structure exhibiting a sign, be it a single-faced, double-faced, V-type, or otherwise.
A sign that is suspended from a wall, roof, canopy, awning, marquee, mansard wall, parapet wall, or the porch of a building by means of brackets, hooks, or chains, and the like, and the face of which is roughly perpendicular or parallel to the building element to which it is attached.
Any sign, banner, pennant, valance, or advertising display applying to a seasonal or brief activity, constructed of cloth, canvas, light fabric, cardboard, wallboard, or other materials with or without frames, intended to be displayed for a period of not more than 30 days. For the purposes of these regulations, on-premises real estate signs and signs displayed on active construction projects shall be considered temporary when displayed in accordance with § 19.6-88 et seq. herein.
A freestanding sign used to identify multiple business uses within a shopping center, office park, business park, or industrial park.
A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign, which does not project for more than 12 inches from such building or structure.
A sign painted onto or physically affixed to a building window, including upper-floor windows and the glazing of doors, or signs legible from any vehicular public right-of-way through a building window.
The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and his/her nonpaying guests. Included in this definition are riding academies.
The keeping, breeding, or raising of horses or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and his/her guests.
A platform, without a roof, located at the entrance of a building, with sufficient area to facilitate the ingress and egress to the building.
STOP WORK ORDER
An order issued by the Zoning Administrator or Building Official that directs the person responsible for a development activity or other act in violation of this Ordinance to cease and desist such activity or act.
STORAGE OF SEWAGE SLUDGE
Any facility or lot used for the disposal of solid waste materials by abandonment, discarding, dumping, burial, incineration or any other means or the transfer of solid waste materials from collection vehicles to hauling vehicles, including but not limited to trucks, trains, and tandem trailers, for transport to a central solid waste management facility for disposal or resource recovery. This definition does not include typical solid waste bins used in the operation of commercial, retail, restaurants, shopping centers, motel/hotels, or similar uses and does not include recycling bins.
That portion of a building included between the surface of any floor and the floor next above it or, if there is not a floor above it, then the space between the floor and the ceiling above it.
Any flowing body of water defined on the USGA 7.5-minute topographic quadrangle maps with a solid blue line.
A strip of land comprising the entire area within the right-of-way intended for possible use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word “street” includes road, thoroughfare, parkway, avenue, lane, boulevard, expressway, highway, place, throughway, square, alley or however designated with the above-mentioned right-of-way.
STREET CENTER LINE
A line generally parallel to the right-of-way lines that equally divides the street right-of-way.
The top of the streets roadway at its centerline.
Any road, street, highway, or other means of vehicular access to a parcel of land, not dedicated or intended for public use.
A strip of land comprising of the entire area within the right-of-way intended for public use as a means of vehicular and pedestrian circulation to provide access to more than one lot and which is presently a portion of the Department of Transportation’s street and road system, or is a proposed addition to the Department of Transportation’s street and road system, in which case the improvement of which shall meet the construction standards of the State Department of Transportation.
Anything that is assembled or erected with a fixed location on the ground or attached to something having a fixed location on the ground, including, but not limited to, buildings, signs, manufactured homes and swimming pools. Walls and fences shall not be deemed structures except as otherwise specifically provided in this chapter.
The vertical distance from the average elevation of the existing finished grade of a structure at the font of the structure to the top of the roof for a flat roof, to the deck line for a mansard roof, or the mean height between the eaves and ridge for a gable, hip cone, gambrel or shed roof.
STUDIO, FINE ARTS
A building, or portion thereof, uses as a place of work by a sculptor, artist, or photographer.
An individual, corporation, trustee, joint venture, partnership, or other entity, having legal or equitable title to any tract or parcel of land to be developed, who submits a plan pursuant to this chapter.
Any change or rearrangement in the boundaries or division lines of any lot, parcel, piece, or tract of land, or the division of such lot, parcel, piece, or tract of land into two or more parts, pieces, tracts of land or lots.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to assure safe living conditions or any alteration of an historic structure, provided that the alteration will not preclude the structure’s continued designated as an historic structure.
Businesses engaged in the sale of used or new items, involving regular or periodic outdoor display of merchandise for sale. Typical uses include factory outlets or discount businesses with outdoor display.
A person licensed by the Commonwealth of Virginia to survey land.
SWIMMING POOL, SPA, OR HOT TUB
An above or below ground structure that is filled with water and used for swimming or soaking, relaxation, massage, or hydrotherapy.
Includes all porcine animals, including, but not limited to, swine, hogs, finishing or slaughter hogs, pigs, feeder pigs, piglets, etc. For the purposes of this chapter, the term “piglet” shall include swine weighing under 55 pounds, and the term “finishing hog” shall include swine weighing more than 55 pounds.
TATTOO OR BODY PIERCING ESTABLISHMENT
An establishment whose principle business activity is to practice one or more of the following: 1). Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person or (2) using ink or other substances that result in the permanent coloration or alteration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. (Land Use Category: Personal Services).
A business for the preparation, stuffing, and mounting of animal skins. (Land Use Category: Retail Sales).
TELEVISION OR RADIO ANTENNA
An omnidirectional antenna tuned to the broadcast frequency assigned to television or commercial radio. Does not include Amateur radio antenna or satellite dish. (Land Use Category: Wireless Communication Facility).
A commercial use established on a short-term basis at a particular location, usually for less than 30 days.
TEMPORARY FAMILY HEALTH CARE STRUCTURE
A transportable residential structure, providing an environment facilitating a caregiver’s provision of care for a mentally or physically impaired person as prescribed by Code of Virginia §15.2-2292.1 et seq. (Land Use Category: Accessory Structure).
Any commercial use which is conducted for a period not exceeding thirty (30) consecutive days and which is not re-established within a period of ninety (90) days.
A building designed and/or used primarily for the commercial exhibition of motion pictures to the general public or used for performance of displays, acts or dramas by actors and/or actresses.
An area not to exceed five acres containing a screen projection booth, refreshment stand, parking spaces and sound-transmission devices to individual parking spaces only for the purpose of commercial exhibition of motion pictures.
The commercial cutting of timber.
A dwelling where, for compensation, lodging and breakfast only are provided for up to 10 transient persons unrelated to the operator/owner, where no cooking or dining facilities are provided in individual rooms.
Any structure that is designed and constructed primarily for the purpose of supporting one or more telecommunications facilities, including self-supporting lattice towers, guy towers, or monopole towers. The term includes, but is not limited to, personal communications service towers, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, directional antennas, such as panel(s), microwave and satellite dishes, and omnidirectional antennas, such as whip antennas, and alternative tower structures. See “wireless communications facility.”
The location of telecommunications facilities of more than one commercial wireless communications service provider or governmental entity on a single tower or alternative tower structure.
When referring to a tower, the distance measured from ground level to the highest point on the tower, even if said highest point is a telecommunications facility.
TOWER SERVICE PROVIDER
Any person or corporation that provides telephonic, radio, television, or other wireless communications.
The area encompassing a tower and all supporting equipment, structures, paved or graveled areas, fencing, and other items used in conjunction with said tower.
TOWER, STEALTH DESIGN
Any tower design that seeks to camouflage or conceal the tower within its proposed surroundings, e.g., towers designed to appear as trees, clock towers, bell steeples, utility poles or the like, or telecommunications facilities mounted with alternative design mounting structures that demonstrate stealth design elements.
A grouping of three or more attached single-family dwellings in a row, in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common walls.
A lot upon which a townhouse is or is to be erected.
Any storage or collection facility which is operated as a relay point for solid waste which ultimately is to be transferred to a landfill or other disposal site.
A facility for loading, unloading, and interchange of passengers, baggage, and incidental freight or package express between modes of ground transportation, including bus terminals, railroad stations, and public transit facilities.
An establishment containing a mixture of uses which cater to the traveling public and in particular motor freight operators. A truck stop might include such uses as fuel pumps, restaurants, overnight accommodations, retail sales related to the motor freight industry and similar uses.
A facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck, primarily for commercial purposes rather than as an activity incidental to another purpose. Included in this use type would be express and other mail and package distribution facilities, including such facilities operated by the United States Postal Service.
A shooting match or similar activity conducted by a non-profit organization, non-commercial, or community service organization involving the discharge of firearms at a target or targets with the object of such activity being to determine a winner of a prize, such as a turkey, ham or other prize. (Land Use Category: Temporary Use).
The principal purpose for which a lot or the main building thereon is designed, arranged or intended and for which it is or may be used, occupied or maintained.
USE BY RIGHT
See “permitted use.”
Any commercial use which is conducted for a period not exceeding 30 consecutive days and which is not reestablished within a period of 90 days.
Services of a regional nature which normally entail the construction of new buildings or structures, such as generating plants and sources, electrical switching facilities and stations and substations, community water treatment plants, community wastewater treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission.
A reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.
The Virginia Department of Transportation.
Any object of natural floral growth.
Perennial vegetation established or left undisturbed adjacent to the shoreline of a watercourse, intended to filter out sediment and other non-point-source pollutants from runoff before it reaches a watercourse; also includes vegetation along property lines.
Any establishment rendering surgical and medical treatment of animals. Boarding of animals shall only be conducted indoors, on a short-term basis, and shall only be incidental to such hospital/clinic use, unless also authorized and approved as a commercial kennel.
VOCATIONAL OR TRADE SCHOOL
A public or private school offering vocational or trade instruction to students in subjects such as electrical, plumbing, brick laying, computer science, HVAC, etc. (Land Use Category: Educational Facility, Primary/Secondary).
WAREHOUSING AND DISTRIBUTION
A facility, the uses of which include storage, warehousing, and distribution of goods within enclosed structures, or outdoors, primarily for commercial purposes rather than as an activity incidental to another purpose. Typical uses include wholesale distributors, storage warehouses, and moving and storage firms.
All waters on the surface and under the ground wholly or partially within or bordering the Commonwealth of Virginia or within its jurisdiction.
WATER SYSTEM, PRIVATE
A system of distribution of potable water from the source of supply to the consumer. The term may include, but is not limited to, sources, collection, treatment, and storage of water.
A lake, river, creek, stream, wash, channel, or other topographic feature on or over which water flows at least periodically.
An establishment for the seasonal retail sale of agricultural goods and merchandise primarily produced by the operator on the site, or on property owned by the operator elsewhere in the County. The stand is a building or structure located within 100 feet of a street or road for the sole purpose of selling agricultural or horticultural products grown within the County.
Areas inundated or saturated by surface water or groundwater at a frequency or duration sufficient to support a prevalence of vegetation typically adopted for life in saturated soil conditions. Examples include swamps, marshes, bogs, and similar areas.
Any animal(s) that are found in the wild, or in a wild state, within the boundaries of the United States, its territories or possessions.
WIND ENERGY SYSTEM
Includes all equipment, machinery, and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection, and supply equipment, substations, transformers, service and access roads, and one or more wind turbines. Such system produces no greater than 20 kW of electrical power and is to be used primarily for on-site consumption.
A parcel of land on which three or more wind turbines are sited for the purpose of electricity generation.
A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.
The manufacturing, bottling, and sale of products grown and harvested from a vineyard or orchard. Commercial uses such as gift shops and restaurants associated with the winery shall be allowed as ancillary uses.
WIRELESS COMMUNICATIONS FACILITY (WCF)
A facility generally designed to provide or facilitate a link in a wireless communications system serving a specific area or region, typically consisting of any or all of the following: antenna arrays, microwave dishes, tower or monopole structures, and equipment structures.
An establishment primarily engaged in millwork and other manufacturing of wood products, such as windows, doors, moldings, or flooring. (Land Use Category: Custom Manufacturing).
Space on the same lot with a main building, such space being open, unoccupied and unobstructed by buildings from ground to sky, except where encroachments and accessory buildings are expressly permitted.
A yard improved with screening and landscaping materials required between abutting zoning districts of differing intensities or between adjoining land uses for the purpose of decreasing the adverse impact of differing uses and districts.
An open, unoccupied space on the same lot with the main structure extended the full width of the lot and situated between the right-of-way line and the front line of the structure projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the structure and the right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main structure and shall not project into a required front yard. On corner lots, the “front yard” shall be considered as parallel to the street upon which the lot has its least dimension.
An open space on the same lot with the main structure, such space being unoccupied except possibly by an accessory building and extending the full width of the lot and situated between the rear line of the lot and the rear line of the main structure projected to the side lines of the lot. On all corner lots, the “rear yard” shall be at the opposite end of the front yard.
The area within a lot extending inward from the front, side, or rear lot lines for the minimum yard depth applicable in the zoning district in which the lot is located and that is required to remain unoccupied and unobstructed from the ground upward.
The sale of used items for residential use. The sale of these items can take place in an accessory structure but mainly take place outside.
An open, unoccupied space on the same lot with a main structure, situated between the side line of the structure and the adjacent side line of the lot, extending from the rear line of the front yard to the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot; and if no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot. On the corner lots, the “side yard” shall be considered as parallel to the street upon which the lot has its greatest dimension.
Any portion of the territory of the County, exclusive of streets, roads, alleys, and other public ways, within which certain uses of land, premises, and buildings are regulated differently or specifically and within which certain yards and open spaces are required and certain height limits are established for buildings or structures.
An area delineated on the Official Zoning Map, which a prescribed set of development standards apply to various types of development.
ZONING DISTRICT, OVERLAY
A zoning district superimposed over one or more underlying zoning districts that imposes additional standards and regulations.
The Official Zoning District Map for Appomattox County.
§ 19.6-13 Relationship to private agreements.
This chapter is not intended to abrogate, annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such private agreements or legal relationships, the regulations of this chapter shall govern. The County does not enforce private agreements, covenants, or other legal relationships.
§ 19.6-14 Zoning of annexed land.
Any land that is annexed from the County into an incorporated town or that is reverted to the County from an incorporated town shall be regulated in accord with the terms of the annexation or reversion agreement that establishes such change in governance.
§ 19.6-15 Effect of chapter on existing plans, permits, and lots.
Nothing contained in this chapter shall require any change in the plans or construction of any building or structure for which a building permit was granted prior to the effective date of this chapter. If construction is discontinued for a period of six months, further construction shall be in conformity with the provisions of this chapter for the district in which the activity is located.
§ 19.6-16 Effect of chapter on existing districts.
On the effective date of this chapter, the previously existing Appomattox County Zoning Ordinance is hereby repealed, and this chapter replaces it in its entirety. Further, all property in Appomattox County shall retain the zoning district classification as named under the previous Zoning Ordinance except as amended and otherwise provided by this chapter.
§ 19.6-17 Calculation of density.
A. Calculations of development density, including lot, lot area, parent tract, net and gross floor density for residential development, floor area ratio for nonresidential development density, and other such terms shall be made in accord with the formulas provided within the definitions of those terms in this chapter.
B. Calculations of allowable floor area ratio shall be based upon the floor area ratio as established by the zoning district in effect for the site at the time a site development plan for the lot is officially accepted for review by the County.
§ 19.6-18 Multiple dwellings on single lot.
Except where provided by this chapter, or by conditional use permit, no more than one dwelling unit, whether a single-family dwelling or manufactured home, may be erected on a single lot.
A. One additional structure may be permitted as a single-family dwelling on the same lot or parcel of land as that of the main dwelling, provided that the parcel is zoned A-1 Agricultural Zoning District or R-2 Medium-Density Zoning District and the following requirements are met:
(1) A statement of nonobjection must be provided, signed by all adjacent property owners and/or residents.
(2) If a petitioner fails to obtain a statement of nonobjection from all adjacent property owners and/or residents, then the petitioner has the option to petition the Board of Supervisors through the conditional use permit process.
(3) Lot requirements.
(a) Legal conforming lots for second dwellings must contain sufficient lot area, lot width, lot coverage, and must meet minimum yard requirements so that if the lot is ever divided into two lots, no nonconforming lot or building is created.
(b) A second dwelling must have access to a public street by means of a passageway open to the sky at least 15 feet in width.
(c) Well and septic systems. Applicants for second dwellings must receive Health Department approval for a well and septic system prior to receiving zoning approval. Each dwelling on a lot must be served by individual well and septic systems. Wells may be shared by the two dwellings with Health Department approval.
B. Prohibitions on third dwellings. Three or more single-family dwelling units on a single lot are not permitted in Appomattox County in any zoning district.
§ 19.6-19 Access to structures.
All structures requiring a building permit shall be erected on lots which have frontage on a public road, or access to a public road by a private road or access easement if otherwise provided for herein, or as provided for in the Subdivision Ordinance, so as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
§ 19.6-20 Schedule of fees.
The Board of Supervisors shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of zoning compliance, applications, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the Administrator and may be altered or amended only by the governing body. Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.
§ 19.6-21 Provisions are minimum requirements.
The provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
§ 19.6-22 Uses not specified are not permitted.
A. Subject to the Zoning Administrator’s interpretive powers as provided for herein, no uses are permitted unless included in the lists of permitted uses, whether by right or by conditional use, in a district.
B. Uses other than those allowed in a particular district may be added to a district only upon adoption of a text amendment approved by the Board of Supervisors, pursuant to the procedures set forth herein.
§ 19.6-23 Interpretation of terms and definitions.
For the purpose of this chapter, certain words and terms are to be interpreted as set forth in the definitions portion of this chapter. In case of a dispute over the meaning of a word, phrase, or sentence, whether defined in this chapter or not, the Zoning Administrator is hereby authorized to make a definitive determination thereof, being guided in such determination by the purposes and intent of this chapter, provided that an appeal may be taken from any such determination as provided herein.
§ 19.6-24 Zoning Map and district boundaries.
A. Zoning districts and Zoning Map.
(1) The County is hereby divided into zones, or districts, as shown on the Official Zoning Map, which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.
(2) The Official Zoning Map shall be comprised of a complete set of official Appomattox County Tax Maps, color-coded to reflect the zoning classification of each and every parcel of land in Appomattox County. The Board of Supervisors may, by its formal action, adopt a new graphic format for the Official Zoning Map, as long as the map shows every parcel of land in the County and accurately represents the zoning districts as set forth on the original Zoning Map at the time the new graphic version is created.
(3) The Official Zoning Map shall be identified by the signature of the Chairman of the Board of Supervisors attested by the Clerk under the following words: “This is to certify that this is the Official Zoning Map referred to in the Zoning Ordinance of Appomattox County, Virginia.” This statement shall be provided along with the signatures and the date of adoption of this chapter and any subsequent amendments to the map adopted by the Board of Supervisors.
(4) If, in accordance with the provisions of this chapter and the Code of Virginia (1950), as amended, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map promptly after the amendment has been approved by the Board of Supervisors with an entry on the Official Zoning Map as follows: “On (date), upon action by the Board of Supervisors, the following change(s), were made to the Official Zoning Map: (brief description of change),” which entry shall be signed and attested by the Zoning Administrator. No amendment of this chapter which involves matter portrayed on the Official Zoning Map shall become effective until after such change has been made on said map.
(5) No changes of any nature shall be made on the Official Zoning Map or items shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized changes of whatever kind by any person or persons shall be considered a violation of this chapter and punishable as provided in this chapter.
(6) Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the Zoning Administrator shall be the final authority as to the current zoning status of land and water area, buildings, and other structures in the County.
B. Replacement of the Official Zoning Map.
(1) In the event that the Official Zoning Map becomes damaged, lost, or difficult to interpret because of the nature or number of changes and additions, the Board of Supervisors may, by resolution, adopt a new Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the same statement and signatures as outlined previously.
(2) Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map(s) or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.
C. District boundaries.
(1) The boundaries of these districts are hereby established as shown on the Official Zoning Map of Appomattox County, on file in the office of the Zoning Administrator.
(2) Where uncertainty exists as to the boundaries of any district as shown on the Official Zoning Map, the following rules shall apply:
(a) Boundaries, wherever, possible, are deemed to follow the center lines of highways, streets, alleys, railroad lines, streams, and rivers, or plotted lines, and Town limits.
(b) Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of said map, by the Zoning Administrator.
(c) Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered above, the Zoning Administrator shall interpret the district boundaries.
§ 19.6-25 Methods of measuring lots, yards, and related terms.
A. Regular lots, measurements.
(1) The width of a regular lot shall be determined by measurement across the lot at the front lot line at its intersection with each side lot line.
(2) The length of a regular lot shall be determined by measuring the distance between the front and rear lot lines at each of the two side yard setback lines and averaging those two distances.
B. Regular lots, determination of front yard.
(1) On regular interior lots, the front shall be construed to be the portion nearest the street or access road.
(2) On regular corner lots, all sides fronting on a street shall meet the front yard setback requirement. The side opposite the front yard shall be considered a rear yard. The orientation of the dwelling should be determined and shown on the subdivision plat or site plan by the prevailing building pattern or the prevailing lot pattern if the building pattern has not been established.
(3) On regular through lots, unless otherwise determined by the Zoning Administrator due to the prevailing building pattern, the front shall be construed to be the shorter boundary fronting a street. If the lot has equal frontage on two streets, the front shall be determined and shown on all subdivision plats and site plans by the prevailing building pattern or the prevailing lot pattern if a building pattern has not been established.
C. Regular lots, yards adjacent to street.
(1) Front yards of at least the depth required by setback requirements in the district shall be provided across the entire frontage of a regular lot.
(2) Other yards adjacent to streets shall be provided across or along the entire portion of the lot adjacent to the street.
D. Irregular lots, yard requirements. All yards shall provide at least the same separation from all lot lines as required for minimum side yards in the district; and for the lot line which is determined to be the front lot line, setback and yard requirements for front yards shall be met. Additionally, if an irregular lot abuts a street at any point, a distance shall be provided that equals the yard required on a regular lot adjacent to a street in the district.
E. Setback measurement.
(1) All setbacks from public streets shall be measured from either:
(a) The existing edge of the right-of-way; or
(b) The minimum right-of-way permitted for VDOT acceptance of the right-of-way for state maintenance; or
(c) The center line of the existing street in accordance with the minimum requirements as defined in the district regulations.
(2) If no right-of-way exists, or if no construction plans are approved for the road, or if less than the minimum right-of-way exists, the right-of-way shall be assumed to be the edge of the existing travelway. The landowner shall determine the location of the front property line and shall certify by affidavit to the County that the setbacks meet the requirements of this chapter.
(3) When one lot is bisected by a zoning district boundary line, setbacks shall be required from the lot line, not from the line that divides the zoning district on the lot. The setback requirement for such lots shall be determined by the placement of the building or structure in which district the building or structure lies.
§ 19.6-26 Lots and yards.
A. Lot size and shape. All lots and yards shall meet the dimensional requirements set forth in the district requirements of this chapter, in conjunction with all other requirements set forth herein.
(1) Health Department approval. Area requirements are minimums as per the requirements of the governing zoning district and are subject to the approval of the Health Department. In special circumstances, larger lot areas may be required by the Health Department.
(2) Lots created to serve public utilities shall be exempt from the minimum lot size, minimum setback, and minimum lot width.
(3) No building shall hereafter be erected, constructed or altered so as to exceed the height limit specified in the regulations herein for the district in which it is located.
(4) Government buildings. No maximum height restrictions are placed upon government buildings. The height requirements shall be determined by the appropriate governmental agency constructing or reconstructing the building.
B. Principal use. Only one principal use or structure is permitted per lot unless otherwise provided herein. The Zoning Administrator shall determine what constitutes a principal use when two or more permitted uses occupy the same lot.
C. Required yards. No part of a yard or other open space, area, or off-street parking or loading space shall be included as part of a yard, open space, area, or off-street parking or loading space for another use, unless otherwise specifically provided for in this chapter.
D. A breezeway of not more than 12 feet in length may be used to connect two structures, thus creating one principal structure. If the breezeway exceeds 12 feet, then the structures shall be considered separately and subject to the regulations for a second dwelling unit.
E. Reductions below minimum requirements.
(1) No lot or area existing prior to the adoption of this chapter shall be reduced in dimension or area below the minimum requirements set forth in this chapter except for the purpose of meeting or exceeding standards set forth in this chapter. Lots or areas created after such date shall meet at least the minimum requirements established in this chapter.
(2) No yards existing prior to the adoption of this chapter shall be reduced in dimensions below the minimum requirements set forth in this chapter. Yards created after adoption of this chapter shall meet at least the minimum requirements established by this chapter.
(3) No existing off-street parking or loading space, and no off-street parking or loading space hereafter created, which meets all or part of the requirements for off-street parking or loading space set forth in this chapter shall be reduced or eliminated if the reduction results in area not meeting requirements or standards contained in this chapter. Reductions may be permitted where spaces are no longer required by this chapter or alternative spaces meeting the requirements of this chapter are provided.
§ 19.6-27 Use of multiple lots to satisfy zoning requirements.
Two or more contiguous lots under the same ownership may be used to satisfy zoning requirements only after a subdivision plat has been approved and recorded eliminating the common internal lot lines.
§ 19.6-28 Zoning districts established.
A. For the purpose of this chapter, Appomattox County is divided into the following base zoning districts:
|Agricultural District (A-1)|
|Low-Density Residential District (R-1)|
|Medium-Density Residential District (R-2)|
|High-Density Multifamily Residential District (R-3)|
|Village Center District (V-1)|
|General Commercial District (B-1)|
|Limited Commercial District (B-2)|
|Industrial District (M-1)|
|Planned Industrial District (IP)|
B. In addition to the base districts, overlay districts are hereby established which may be applied by the Board of Supervisors as overlay regulations to portions of any or all of the base districts, through the Zoning Map amendment process in accord with the procedures established herein and subject to the standards and procedures of this chapter. The following overlay districts are established herein:
|Floodplain Overlay District (FPO)|
|Historic Overlay District (H-1)|