Definitions

A subordinate use, customarily incidental to and located upon the same lot occupied by the main use.

A lot abutting on two (2) or more streets at their intersection. Of the two (2) sides of a corner lot the front shall be deemed to be the shortest of the two (2) sides fronting on streets.

A guest or boarder; one (1) who stays for less than one hundred eighty (180) days and whose permanent address for legal purposes is not the lodging or dwelling unit occupied by that guest or boarder.

Lodging in which the temporary occupant lodges in overnight accommodations for less than one hundred eighty (180) consecutive days.

less than one hundred eighty (180) consecutive days

one (1) who stays for less than one hundred eighty (180) days

the brewery is located on a farm owned or leased by such brewery or its owner and (ii) agricultural products, including barley, other grains, hops, or fruit, used by such brewery in the manufacture of its brewed beverages are grown on the farm

manufactures no more than fifteen thousand (15,000) barrels of brewed beverages per calendar year

The on-premises sale, tasting, or consumption of brewed beverages during regular business hours within the normal course of business of such licensed brewery, the direct sale and shipment of brewed beverages and the sale and shipment of brewed beverages to licensed wholesalers and out-of-state purchasers in accordance with law, the storage and warehousing of brewed beverages, and the sale of limited farm brewery-related items that are incidental to the sale of brewed beverages are permitted.

An establishment as defined in Va. Code § 4.1-100 Subsection (i) and licensed by the Commonwealth pursuant to Va. Code § 4.1-207 where wine may be sold for on-premises consumption and in closed containers for off-premises consumption.

Other food prepared on-site shall be prepared in a facility in compliance with the Virginia State Building Code requirements and licensed by the Virginia Department of Health.

The sale of wine-related items that are incidental to the sale of wine is permitted at a farm winery without regulation.

The serving of light snacks (cheese, crackers, peanuts, etc.) is permitted at a farm winery, without regulation.

A permanent retail establishment located off of the farm winery premises but associated with a farm winery as defined in Va. Code § 4.1-100 Subsection (ii) and licensed by the Commonwealth pursuant to Va. Code § 4.1-207 where wine may be sold for on-premises consumption and in closed containers for off-premises consumption.

Other food served on-site shall be prepared in an off-site facility licensed by the Virginia Department of Health.

The sale of wine-related items that are incidental to the sale of wine is permitted at a farm winery permanent remote retail establishment without regulation.

The serving of light snacks (cheese, crackers, peanuts, etc.) is permitted at a farm winery permanent remote retail establishment, without regulation.

Farmers markets may include the sale or resale of accessory products, including arts, crafts, and/or farm-related merchandise, as long as the majority of products being offered for sale are, in the aggregate, comprised of agricultural or horticultural products.

Any structure, assembly of structures, or land used by multiple vendors for the off-farm sale or resale of agricultural and/or horticultural products, goods, and services, including value-added agricultural or horticultural products.

Any outdoor commercial offering of items for sale at any location. Merchandise offered may include items purchased specifically for resale at a profit.

Churches and other nonprofit organizations are exempt from these requirements.

Permitted by right in Business (B-1) zone.

Places of assembly for clubs, community groups and/or civic organizations, at which regularly scheduled fraternal or public meetings and other public activities are conducted.

An open space on the same lot as a building between the front line of the building (exclusive of steps) and the front lot or street line, and extending across the full width of a lot.

The full length of a plot of land measured alongside the road onto which the plot fronts.

A building used for the preparation of a corpse for burial or the preparation of a corpse for cremation, which may also be used for funeral services and/or cremation services.

Any golf course, publicly or privately owned, on which the game of golf is played, including accessory uses and buildings customary thereto, but excluding golf driving ranges as defined herein and miniature golf courses.

A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.

A reference plane representing the average of finished ground level adjoining the building at all exterior walls.

A space under a sloping roof, which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level.

the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level

As defined on the zoning map in which the provisions of the ordinance apply for protection of a historical heritage.

An occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and not more than one (1) person is employed, other than members of the family residing on the premises

not more than one (1) person is employed, other than members of the family residing on the premises

An occupation carried on by the occupant of a dwelling as a secondary use in connection with which there is no display, and not more than four (4) persons are employed, other than members of the family residing on the premises

not more than four (4) persons are employed, other than members of the family residing on the premises

An institution rendering inpatient or outpatient medical, surgical, obstetrical, or convalescent care, including nursing homes, homes for the aged and sanitariums, but in all cases excluding institutions primarily for mental or feeble-minded patients, epileptics, alcoholics, or drug addicts.

Any hotel, inn, hostelry, motel, or other place used for overnight lodging which is rented by the room to transients, is not a residence, and where the renting of the structure is the primary use of the property.

An inoperative motor vehicle shall mean one or more of the following: (i) any motor vehicle which is not in operating condition; (ii) any motor vehicle which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and/or wheels, the engine, or other essential parts required for operation of the vehicle; or (iii) any motor vehicle on which there are displayed neither valid license plates nor a valid inspection decal.

this definition shall not apply in connection with properties: (i) lawfully used as an automobile dealership, public garage, automobile salvage operation or scrap processor; or (ii) when a Special Use Permit provides for the storage of inoperative vehicles.

A tract of land developed or to be developed as a unit under single ownership, including, but not limited to ownership by a group of people or a corporation, or unified control which is to contain three (3) or more residential dwelling units.

which is to contain three (3) or more residential dwelling units

The use of any area of land lying within one hundred (100) feet of a state highway or the use of more than two hundred (200) square feet of land area in any location for the storage, keeping, or abandonment of junk including scrap metals or other scrap materials.

The use of any area of land lying within one hundred (100) feet of a state highway

the use of more than two hundred (200) square feet of land area in any location

Kennels may include associated facilities necessary to support the operation including, but not limited to, office space, meeting space, and temporary lodging accommodations exclusive to those clients training with the animals.

A place where the primary use is to house, board, breed, handle, groom, train, or otherwise keep or care for dogs, cats, or similar small animals for sale or in return for compensation.

A commercial establishment wherein livestock is collected for sale and auctioned off.

A parcel of land occupied or to be occupied by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width, and lot areas as are required by this ordinance, and having frontage upon a street either shown on a plat or record or considered as a unit property and described by metes and bounds.

A lot which has been recorded in the clerk's office of the Circuit Court.

A structure subject to federal regulation, which is transportable in one (1) or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode, or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis, is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure.

or is three hundred twenty (320) or more square feet when erected on site

forty (40) body feet or more in length in the traveling mode

is eight (8) body feet or more in width

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 micro-brewery is an accessory use to a restaurant.

A brewery which is housed within and operated in conjunction with a restaurant, and which manufactures no more than fifteen thousand (15,000) barrels of beer per calendar year. A micro-brewery is an accessory use to a restaurant.

manufactures no more than fifteen thousand (15,000) barrels of beer per calendar year

A mobile home is a dwelling which is eight (8) body feet or more in width and is thirty-two (32) body feet or more in length, and which is designed for transportation, after fabrication, on streets and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy; except for minor and incidental unpacking and assembly operation, location on jacks or permanent foundations, connection to utilities and the like. This dwelling is not subject to federal regulations.

thirty-two (32) body feet or more in length

eight (8) body feet or more in width

One (1) or more contiguous parcels of land in which two (2) or more rental lots are provided for mobile homes or upon which two (2) or more mobile homes are located. This shall include mobile homes that are stored on property, but shall not include mobile homes for sale by a bona fide licensed dealer.

One (1) or more buildings containing individual sleeping rooms designed for or used temporarily by automobile tourists or transients, with garage or parking space conveniently located to each unit. Cooking facilities may be provided for each unit.

A motor vehicle means any vehicle defined in this section that is self-propelled or designed for self-propulsion. For the purpose of this ordinance, any device herein defined as a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped shall be deemed not to be a motor vehicle.

A single store, the total floor area of which is four thousand (4,000) square feet or less and which offers for sale most of the following articles: bread, milk, cheese, meat, produce, canned and bottled foods and drinks, tobacco products, candy, papers and magazines, and general hardware articles. Gasoline may also be offered for sale but only as a secondary activity.

the total floor area of which is four thousand (4,000) square feet or less

The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this ordinance for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

A lot of record that does not conform to the minimum area or width requirements of this ordinance for the district in which it is located either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

An otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this ordinance, or is designed or intended for a use that does not conform to the use regulations of this ordinance, for the district in which it is located, either at the effective date of this ordinance or as a result of subsequent amendments to the ordinance.

The non-temporary use of any land, including the erection or use of non-temporary structure(s) or the installation of non-temporary infrastructure, for the hosting and operation of Category 1 and Category 2 Temporary Events, Exempt Events, or other entertainment activities for cultural, artistic, social, or recreational purposes.

A tract or plot of land for which a plat or description of record can be found.

Permanent foundations for manufactured homes or mobile homes include any of the following types of foundations selected by the owner, dealer or contractors: 1. Masonry piers and anchoring systems... 2. Concrete foundations or permanent wood foundation systems... 3. Foundations meeting the requirements of the U.S. Department of Housing and Urban Development Handbook 430.3... 4. Foundation systems for manufactured homes over basements. 5. Any other foundation system approved as a permanent foundation by the authority having jurisdiction as outlined in Section 107.1 of the USBC.

Accessory building designed or used for the storage of not more than three (3) automobiles owned and used by the occupants of the building to which it is accessory.

On a lot occupied by a multiple-unit dwelling, the private garage may be designed and used for the storage of two (2) times as many automobiles as there are dwelling units.

A building or portion thereof, other than a private garage, designed or used for servicing, repairing, equipping, renting, selling, or storing motor-driven vehicles.

A central water or sewer system owned and/or operated by a municipality, county or service authority or by an individual, partnership or corporation approved by the governing body in accordance with Title 15.1 of the Code of Virginia, as amended.

The industry of extracting stone from an open excavation, including both the extraction and processing of crushed stone for aggregate and related uses and the extraction of stone in blocks for building monumental and related uses.

An open, unoccupied space on the same lot as a building between the rear line of the building (exclusive of steps) and the rear line of the lot, and extending the full width of the lot.

Any space required in any front, side, or rear yard.

The part of an original lot remaining after a portion has been divided off pursuant to Appendix B, Subdivisions, of the Code of Nelson County, as amended. The residue shall be treated as one of the lots within the subdivision.

Any building in which for compensation, food or beverages are dispensed for consumption on the premises, including among other establishments cafes, tea rooms, confectionery shops, or refreshment stands.

Buildings for display and sale of merchandise at retail or for the rendering of business and personal services (but specifically exclusive of coal, wood and lumber yards) such as the following which will serve as illustration: bank, drugstore, laundromat, newsstand, food store, candy shop, milk dispensary, drygoods 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 parlor.

Roadside Stands may include the sale or resale of accessory products, including arts, crafts, and/or farm-related merchandise, as long as the majority of products being offered for sale are, in the aggregate, comprised of agricultural or horticultural products.

A Roadside Stand which accesses a Local or Secondary road, or other road which is not functionally classified (as defined by the Virginia Department of Transportation).

A Roadside Stand which accesses a Minor Collector, Major Collector, Minor Arterial, Principal Arterial, or other road which is functionally classified (as defined by the Virginia Department of Transportation), or located within three hundred (300) feet of an intersection with any such road.

located within three hundred (300) feet of an intersection with any such road

Any use of land, vehicle(s), equipment, or facility(s) used by a single vendor for the off-farm sale or resale of agricultural and/or horticultural products, goods, and services, including value-added agricultural or horticultural products.

The majority of products being offered for sale by the Roadside Stand operator must have been cultivated, produced, processed, or created on an agricultural operation owned or controlled by the operator or operator's family.

Roadside Stands shall not be located within Virginia Department of Transportation right-of-way.

Any lot and accompanying structure meeting the requirements of the Virginia Department of Motor Vehicles, upon which new and/or used cars, trucks, or other vehicles may be sold.

A method of disposing of refuse on land without creating nuisances or hazards to public health or safety, by confining the refuse to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth

A commercial school giving instruction in business, cultural or dramatic subjects.

The minimum distance by which any building or structure must be separated from the front lot line.

An open, unoccupied space on the same lot as a building between the side line of the building (exclusive of steps) and the side line of the lot, and extending from the front yard line to the rear yard line.

The Site Plan Review Committee shall consist of, but is not limited to, representatives from Federal, State, and local governments, utility companies, other agencies and departments, and other professionals as necessary to review, but not limited to, the site plan, subdivision plat, Special Use Permit application, Rezoning application, zoning amendment, in preparation of the Planning and Zoning Director's comments and recommendations.

A special care hospital shall mean an institution rendering care primarily for mental or feeble-minded patients, epileptics, alcoholics, or drug addicts.

That portion of a building, other than the basement, included between the surface of any floor and the surface of the floor next above it.

A thoroughfare which affords principal means of access to abutting property.

The dividing line between a street or road right-of-way and the contiguous property.

Anything constructed or erected, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground. Fences are excluded from this definition.

A parcel of land which has been subdivided into smaller parcels or lots for the purpose, either immediate or future, of transfer of ownership or building development. The term "subdivision" includes family division, "re-subdivision," and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

A portable sawmill located on a private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto.

A structure or enclosure, constructed of pliable material, which is supported by poles or other easily removed or disassembled structural apparatus.

A guest or boarder; one who stays for less than thirty (30) days and whose permanent address for legal purposes is not the lodging or dwelling unit occupied by that guest or boarder.

Lodging in which the temporary occupant lodges in overnight accommodations for less than thirty (30) consecutive days.

less than thirty (30) consecutive days

one who stays for less than thirty (30) days

A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreational, and vacation uses. The term "travel trailer" does not include mobile homes or manufactured homes.

A house rented to transients. Rental arrangements are made for the entire house, not by room.

Vacation houses with more than five (5) bedrooms are subject to the requirements contained in Article 13, Site Development Plan.

A reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance is not contrary to the intended spirit and purpose of the ordinance, and would result in substantial justice being done.

A facility in which vegetative rubbish, as defined in Section 10-1.T. of the Solid Waste Ordinance, is received from off-site properties and temporarily stored until converted on-site into firewood, and into mulch and compost, and where the resultant firewood, mulch, compost, soil, and rocks are temporary stored prior to their removal.

A facility whose purpose is the care, rehabilitation, and release of orphaned and injured Virginia native wildlife. Wildlife rehabilitation centers are regulated by the U.S. Fish and Wildlife Service, and the Virginia Department of Game and Inland Fisheries and must be supervised by a wildlife rehabilitator with valid permits from each of these agencies.

An establishment where wine is made, bottled, and/or stored for distribution and which may contain accessory facilities for retail sales and tastings.

A parcel of land or portion thereof, used for the commercial storing and marketing of logs.

An open space on a lot other than a court, unoccupied and unobstructed from the ground upward, except as otherwise provided herein.

Any offering of household items or clothing for sale on the premises of a private residence.

Churches and other nonprofit organizations are exempt from these requirements.

Such sales shall be limited to not more than four (4) sale days in twelve (12) months

any proceeds shall accrue to no more than six (6) individuals not residing in the same household

To be permitted by right in any residential yard.

No items offered shall have been purchased specifically for resale at a profit.

Space provided for vehicular parking outside the dedicated street right-of-way, of sufficient size and shape to park one (1) standard size automobile and containing not less than three hundred (300) square feet.

A sign painted, electrical, or otherwise, erected for the purpose of conveying information, knowledge, or ideas to the public about a subject related to the premises upon which said sign is located.

A directional sign is one (one (1) end of which may be pointed or on which an arrow may be painted) indicating the direction to which attention is called giving only the name of the firm or business responsible for the erection of same and distance.

A sign directing attention to a product, commodity, or service available on the premises; but which product, commodity, or service is clearly a secondary use of the dwelling.

A sign which directs attention to the approximate location of an establishment from which an advertised product or service may be obtained.

A structural poster panel or painted sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject unrelated to the premises upon which it is located.

The smallest square, rectangle, triangle, circle, or combination thereof encompassing the entire advertising area, excluding architectural trim and structural supports.

Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks, or combinations thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a business, a commodity, or product, which are visible from any public way and used as an outdoor display.

A display of less than one (1) square foot in area is excluded from this definition.

A structure, including the supports, uprights, bracing and framework be in single-faced, double-faced, V-type, or otherwise, which is located on the ground or on top of another structure and which supports no more than two (2) signs.

The surface of the sign upon, against, or through which the message of the sign is exhibited, not including architectural trim and structural supports.

which supports no more than two (2) signs

Any sign, banner, pennant, valance, or advertising display 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 sixty (60) consecutive days.

intended to be displayed for a period of not more than sixty (60) consecutive days