Section 175-3 DEFINITIONS
For
the purpose of this chapter, certain words and terms are herein defined
as
follows:
ACCESS - A
public or private right-of-way providing the ability to
enter, approach or pass to and from an area to another area.
ACCESSORY
BUILDING - A
building subordinate to and
located on the same lot with a main building, the use of which is
clearly
incidental to that of the main building or to the use of the land, and
which is
not attached by any part of a common wall or roof to the main building.
ACCESSORY
USE - A
use of a building, lot or
portion thereof which is customarily incidental and subordinate to the
principal
use of the main building or lot.
ADMINISTRATOR,
THE -
The official charged with the
administration and enforcement of the Zoning Ordinance.
ALLEY - A
public right-of-way which affords only a secondary
means of vehicular access to the side or rear of property.
ALL-WEATHER
SURFACE -
Crushed rock, gravel or similar
surface shall constitute an all-weather surface.
AMENDMENT - A
change in the Zoning Ordinance and/or Zoning Map
granted by the Town Council after review and comment by the Town
Planning Commission.
APARTMENT
HOUSE - A
multifamily structure
originally intended, arranged or designed to be occupied by three (3)
or more
families, each in an individual dwelling unit and living independently
of each
other. The number of families in permanent residence shall not
exceed the
number of dwelling units provided. Entranceways through the
structure to
the units may be either common or separate, and each lot on which the
building
is located shall be held in single ownership, even though individual
units may
be sold in accordance with this chapter. Such term shall not
include
"row house" or "townhouse." Each apartment unit shall
occupy space on not more than one (1) story in a structure.
ARCHITECT,
REGISTERED - A
licensed professional architect
registered in the Commonwealth of Virginia by the Department of
Professional
and Occupational Registration as an architect.
ATTIC -
The space between the ceiling beams of the top habitable
story and the roof rafters. An "attic" shall be considered a
half-story and shall be included in the calculation of building height.
AUTOMOBILE
GRAVEYARD -
See "junkyard."
AUTOMOBILE
PARKING
LOT,
COMMERCIAL - A
lot
or portion thereof, other than an automobile sales lot, held out or
used for
the storage or parking of six (6) or more motor vehicles for a
consideration,
where service or repair facilities are not permitted. Such
parking lot
shall not be considered an accessory use; nor shall it be used for the
storage
of dismantled or wrecked vehicles, parts thereof or junk.
AUTOMOBILE
SALES
LOT - A
lot arranged, designed or used
for the storage and display for sale of any new or used motor vehicles
capable
of independent operation or any type of travel trailer and recreational
vehicle, provided that the travel trailer and recreation vehicle
is
unoccupied, and where repair work is done wholly enclosed within
a
building.
AUTOMOBILE
SERVICE
STATION - A
place of business with pumps
and underground storage tanks, having as its purpose the
servicing, at
retail, of motor vehicles with fuels and lubricants, and including
minor
repairs and inspections incidental thereto, but not including a general
repair
shop, paint or body shop, machine shop, vulcanizing shop or any
operation
requiring the removal or installation of a radiator, engine,
cylinder
head, crankcase, transmission, differential, fenders, doors,
bumpers,
grills, glass or other body parts or any body repairing or
painting.
All repairs shall be conducted within a fully enclosed building.
AUTOMOBILE
WRECKING
YARD - An
area where destroyed,
abandoned and obsolete automobiles are disassembled and where parts of
said
disassembled automobiles are generally sold and where the remaining
automobile
bodies and their components are temporarily stored until they can be
removed or
reduced to scrap metal.
BABYSITTING - An
activity occurring in any private family home in which
nine (9) children or fewer, including children residing on the
premises
and/or related by blood or marriage to the person who maintains
the home,
are received for care, protection and guidance during any part of the
twenty-four-hour day. A town business license is required for the
care of
any children not related by blood or marriage when such service is
provided in
a private family home during any eleven (11) days or more, either
consecutive
or nonconsecutive days, in any given month.
(Ord.
No. Z-8-89 Added 10-23-89-Effective Upon Passage)
(Ord.
No. Z-5-90 Amended 5-14-90-Effective Upon Passage)
BABYSITTING
SERVICE -
Any activity occurring in an
occupied residence whereby the resident(s) provides day care for
children other
than those in his/her own immediate family. Such care is limited to
that care
given to no more than seven (7) children at any given time, other than
the
children that permanently reside on the premises. A town business
license
is required for "baby-sitting service".
BASEMENT - A
story partly underground and having fifty percent (50%)
or more of the total exterior wall area exposed. It shall not be
occupied
for residential purposes until the remainder of the building has been
completed. A "basement" shall be counted as a story for the
purpose of height requirements.
BAY
WINDOW - A
convex window frame and pane(s)
that projects outward from a house or other structure, which may
project not
more than three feet (3') into any required yard area.
(Ord.
No. 7-06 Added 7-24-06 - Effective Upon Passage)
BED-AND-BREAKFAST
HOME - A
single-family, owner-occupied
dwelling with ten (10) or fewer guest rooms in which overnight
accommodations
and breakfast are provided for transient guests, none of whom remain
any more
than fourteen (14) consecutive nights. A "bed-and-breakfast
home" shall also be known as a "Tourist Home".
(Ord.
No. Z-7-90 Added 5-14-90-Effective Upon Passage)
BLOCK -
The property bound on all sides by one (1) side of a
street or a combination of a street line, railroad right-of-way,
unsubdivided
land, river, live stream, stream bed or any other barrier to the
continuity of
development.
BOARDINGHOUSE -
See "Lodging House".
(Ord.
No. Z-12-90 Amended 5-14-90-Effective Upon Passage)
BOARD,
THE
- The
Board of Zoning Appeals of the
Town of Front Royal, Virginia.
BUILDING - A
structure having a roof, supported by columns or by
walls and intended for the shelter, housing or enclosure of any person,
animal
or chattel.
BUILDING
COVERAGE,
LOT
COVERAGE -
All
areas on a lot which are under a roof or under projections from
buildings.
BUILDING
INSPECTOR - An
appointed official of the Town
of Front Royal, Virginia who is responsible for certifying building
inspections.
BUILDING,
MAIN - A
building in which the principal
use of the lot is conducted.
CATERING SERVICES - An
establishment that prepares meals or food on premise with
pickup/delivery for consumption off-site.
(Ord.
No. 4-11 Added 2-28-11-Effective Upon Passage)
CELLAR - A
portion of a building having less than fifty percent
(50%) of the total exterior wall area exposed. Such a portion of
a
building shall not be used for habitation. All portions of the
total
exterior wall area exposed shall be counted for the purpose of height
requirements, but shall not be considered a story.
CEMETERY - A
place for burial of the human dead.
CLINIC - An
establishment where human patients who are not lodged
overnight are admitted for examination or treatment by physicians or
dentists.
COMMISSION,
THE -
See "Planning
Commission".
COMMON
OPEN
SPACE - An
open tract or parcel of land
owned in undivided interest, not devoted to structures but directly
related and
adjunct to a development, as herein provided.
COMMUNITY
CENTER
(public)
- A
structure designed and
constructed for public use which includes a community meeting room,
athletic or
exercise facilities or similar uses.
(Ord.
No. 4-08 Added 7-28-08-Effective Upon Passage)
CONVALESCENT
HOME -
See "nursing home".
COVERAGE -
See "building coverage".
DAYCARE -
The provision of care, protection and guidance to a group
of children separated from their parents or guardian during a part of
the day
only, except that the following shall not constitute "day care":
a licensed summer camp under Virginia Code Section 35.1-1, a
public
school, a private school not operating as a child-care center outside
the scope
of regular classes as defined in Virginia Code Section 63.1-195, a
facility
operated by a hospital on the hospital premises providing care to the
children
of hospital's employees while such employees are engaged in the
performance of
work for the hospital, a Sunday School, conducted by a religious
institution or
a facility operated by a religious organization where children are
cared for
during short periods of time while the persons responsible for such
children
are attending religious services, and babysitting.
(Ord.
No. Z-8-89 Added 10-23-89-Effective Upon Passage)
DENSITY -
The number of dwelling units permitted on one (1) acre of
land as specified herein.
DEVELOPMENT -
The process of erecting or causing to be erected
buildings or structures on a lot.
DISTRICT - A
portion of the Town of Front Royal within which, on a
uniform basis, only certain uses of land and buildings are permitted as
set
forth in this chapter and within which certain lot areas and other
uniform
requirements are established.
DRIVEWAY - A
space or area providing access specifically designated
and reserved on a lot for the movement of vehicles from one lot to
another or
from a lot to a public street. "Driveways" for commercial or
industrial properties shall be hard surfaced.
DRIVE-IN
EATING
ESTABLISHMENT -
Any place or premises used for
sale, dispensing or serving of food, refreshments or beverages in
automobiles,
including those establishments where customers may serve themselves and
may eat
or drink the food, refreshments or beverages in motor vehicles on the
premises;
a refreshment stand; a fast-food or primarily a carry-out establishment.
DUPLEX
- A
two-family residential
structure, with each unit having its own exterior entrance; the
residential
units may be arranged one above the other, or be semidetached.
DWELLING - A
building or portion thereof which is used or intended
to be used exclusively for residential purposes and contains one (1) or
more
dwelling units.
DWELLING,
ATTACHED - A
dwelling having any portion of
each of two (2) walls in common with adjoining dwellings.
DWELLING,
DETACHED - A
dwelling which is entirely
freestanding on a lot.
DWELLING,
MULTIFAMILY - A
structure originally arranged
or designed to be composed of three (3) or more dwelling units (an
apartment
house), with the number of families in residence not exceeding the
number of
dwelling units provided.
DWELLING,
SEMIDETACHED -
One (1) of two (2) buildings,
arranged or designed as dwellings located on abutting walls without
openings,
and with each building having a separate lot with minimum dimensions
required
by district regulations.
DWELLING,
SINGLE-FAMILY - A
residential dwelling unit other
than a mobile home, designed for and occupied by one (1) family only.
DWELLING,
TEMPORARY - A
residence designed as a
portable dwelling but not necessarily attached to a permanent
foundation.
DWELLING,
TWO-FAMILY - A
residential building containing
not more than two (2) dwelling units, arranged one above the other or
side by
side, designed for occupancy by not more than two (2) families.
DWELLING
UNITS -
One (1) room, or rooms connected
together, constituting a separate, independent housekeeping
establishment for
owner occupancy or rental or lease on a weekly, monthly or longer basis
and
physically separated from any other rooms or dwelling units which may
be in the
same structure and containing independent cooking and sleeping
facilities and
containing not less than six hundred (600) square feet of residential
floor
area. Such units shall meet the requirements of the Building Code
of the
Town of Front Royal.
EASEMENT - A
grant by a property owner of the use of his land by
another party for a specific purpose. The initial property owner
in the
agreement may be compensated for the use of his property.
ENGINEER,
REGISTERED - A
licensed professional engineer
registered in the Commonwealth of Virginia by the Department of
Professional
and Occupational Registration as an engineer.
FAMILY -
One (1) person, or a group of two (2) or more persons,
living together and interrelated by bonds of blood, marriage or legal
adoption
occupying a dwelling unit or part of a dwelling unit as a separate
housekeeping
unit with a common set of cooking facilities. The persons
constituting a
"family" may also include foster children and domestic servants.
FAST-FOOD
ESTABLISHMENT -
See "drive-in" eating
establishment.
FENCE
- An
artificially constructed
barrier, made of any material, including but not limited to posts and
wire,
boards, or masonry intended to prevent escape or intrusion to make a
boundary,
or serve as screening.
(Ord.
No. Z-2-03 Amended 2-24-03-Effective Upon Passage)
FLOODPLAIN -
Sections of land, adjacent to bodies of water, which are
subject to periodic flooding and inundation as defined or approved by
the
Department of Housing and Urban Development and/or the Corps of Army
Engineers.
FLOOR
AREA OF A BUILDING OR BUILDINGS
- The sum of the gross horizontal areas of the several floors of all
buildings
on the lot measured from the exterior faces of exterior walls. "Floor
area" shall include the area of basements when used for residential,
commercial or industrial purposes when such are permitted, but shall
not
include a basement or portion of a basement used for storage or housing
of
mechanical or central heating equipment.
FRONTAGE -
See "lot width."
FUNERAL
PARLOR,
HOME
OR
MORTUARY - An
establishment used for human funeral services, which shall include
facilities
on the premises for embalming and may or may not include facilities for
the
performance of autopsies, other surgical procedures or cremation.
GARAGE,
COMMUNAL - A
garage used for the storage of
vehicles for occupants of lots in the same adjacent block or blocks.
GARAGE,
PRIVATE - An
accessory building used for
the storage of vehicles by the occupants of a lot on which such
building is
located.
GARAGE,
PUBLIC - An
accessory building, portion of
a principal building or principal buildings used only for the storage
of four
(4) or more vehicles by others than only those occupants of a lot on
which such
building is located.
GOVERNING
BODY -
The Town Council of Front Royal,
Virginia.
GOVERNMENT OFFICES and BUILDINGS -
Offices and structures used primarily for conducting the affairs of
government. This definition shall include school maintenance shops and
work areas.
(Ord. No. 5-11 Added 2-28-11-Effective Upon Passage)
HARD
SURFACE -
Concrete, blacktop and macadam or
a similar surface.
HEALTH
OFFICIAL
(OFFICER) -
The Director of the Warren County
Department of Health or his designated deputy or a representative of
the Virginia
Department of Health - Warren County.
HEIGHT
OF
BUILDING -
The vertical distance from the
established grade of the center of the front of the building to the
highest
point of the roof surface of a flat roof, to the deck line for a
mansard roof
and to the mean height level between the eaves and ridge for hip, gable
and
gambrel roofs.
HOME
OCCUPATION - An
occupation conducted entirely
within an enclosed dwelling and clearly incidental and secondary to the
residential occupancy thereof, carried on by a member or members of the
family
residing on the premises. All "home occupations" shall meet the
standards in Section 175-108.1.
(Ord.
No. Z-4-94 Amended 10-10-94-Effection Upon Passage)
HOSPITAL -
Any institution receiving inpatients and rendering medical,
surgical and/or obstetrical care. This shall include general
hospitals
and institutions in which service is limited to special fields, such as
cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin and
cancer,
mental, tuberculosis, chronic disease and obstetrics. Such terms
shall
include group homes serving mentally retarded or other developmentally
disabled
persons.
HOTEL - A
building designed or occupied as the more or less
temporary abiding place for fourteen (14) or more individuals who are,
for
compensation, lodged with or without meals, and in which no provision
is made
for cooking in individual rooms or suites.
JUNKYARD -
Any land or building used for the abandonment, storage,
keeping, collecting or bailing of paper, rags, scrap metals, other
scrap or
discarded materials or for the abandonment, demolition, dismantling,
storage or
salvaging of automobiles or other vehicles not in running condition,
machinery
or parts thereof. The term "junkyard" shall include the term
"automobile graveyard," which shall be any lot or place which is
exposed to the weather upon which more than three (3) motor vehicles of
any
kind, incapable of being operated, are placed.
KENNEL
-
Any
place,
private
or
commercial,
equipped
and/or used to house, board, breed, handle, train,
or
otherwise care for five (5) or more dogs six (6) months of age or older.
(Ord.
No. Z-4-03 Added 4-14-03-Effective Upon Passage)
LAUNDROMAT - A
building or part thereof where clothes or other
household articles are washed or dry cleaned in self-service machines
with a
capacity for washing not exceeding twenty-five (25) pounds dry weight
and where
such washed clothes and articles may also be dried or ironed, and no
delivery
service is provided in connection therewith.
LAUNDRY - A
building, or part thereof, other than a laundromat,
where clothes and other articles are washed, dried, ironed or
dry-cleaned.
LODGING
HOUSE - A
residential building, other
than a hotel, motel or bed-and-breakfast home, where lodging is
provided for
compensation on a regular basis, pursuant to previous arrangements, but
which
is not open to the public or transient guests. Meals may be
provided to
the residents in a central location; however, no provisions shall be
made for
cooking in individual rooms or units. The maximum number of rooms
or
units shall be controlled by the area requirements of the district in
which the
use is located, but in no case shall the total number of lodging rooms
or units
exceed ten (10). A "Lodging House" shall also be known as a
"Rooming House" or a "Boarding House."
(Ord.
No. Z-12-90 Added 5-14-90-Effective Upon Passage)
LOT - A
parcel of land occupied or to be occupied by a building
and its accessory buildings or by a use and accessory uses, together
with such
open spaces as are required under the provisions of this chapter,
having at
least the minimum area required by this chapter for a lot in the zone
in which
such lot is situated and having its principal frontage on a public or
private
street approved by the town.
LOT,
CORNER - A
lot abutting on two (2) or more
streets at their intersection.
LOT
COVERAGE -
The maximum percent of the lot
which may be occupied by buildings or structures, including accessory
buildings
or structures.
LOT
DEPTH -
The average of the horizontal distances
between front and rear lines of a lot measured perpendicular to the
street
line.
LOT
INTERIOR -
Any lot other than a corner lot.
LOT
OF RECORD - A
lot which has been recorded in
the office of the Clerk of the Circuit Court.
LOT,
THROUGH (DOUBLE FRONTAGE) - A
lot,
other than a corner lot, which has a frontage on two (2) streets.
LOT,
WIDTH OF -
The
horizontal
distance
between
the
side
lines of a lot measured along the building setback
line.
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.
MINI-STORAGE
FACILITY -
(also know as mini-warehouse) - a
self-service storage building, or group of buildings, consisting of
individual,
small, self-contained units for the storage of good, materials or
supplies.
(Ord.
No. Z-1-03 Added 1-27-03-Effective Upon Passage)
MODULAR
UNIT - A
factory-fabricated
transportable building designed to be used by itself or to be
incorporated with
similar units at a building site into a modular structure. The
term is
intended to apply to major assemblies and does not include
prefabricated
panels, trusses, plumbing trees and other prefabricated subelements
incorporated
into a structure at the site. Such units shall meet the requirements of
the
Building Code of the Town of Front Royal.
MOTEL - An
establishment consisting of a group of living or
sleeping accommodations with bathroom and closet space designed for use
by
transient automobile tourists; less than fifty percent (50%) of the
living and
sleeping accommodations are occupied or designed for occupancy by
persons other
than transient automobile tourists.
NONCONFORMING
ACTIVITY
(USE) -
The otherwise legal use of a
building, structure or tract of land that does not conform to the use
regulations of this chapter for the district in which it is located,
either at
the effective date of this chapter or as a result of subsequent
amendments to
the chapter.
NONCONFORMING
LOT - 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 at the effective date of this
chapter
or as a result of subsequent amendments to this chapter.
NONCONFORMING
STRUCTURE - An
otherwise legal building or
structure that does not conform to the lot area, yard, height, lot
coverage or
other area regulations of this chapter or is designed or intended for a
use
that does not conform to the use regulations of this chapter for the
district
in which it is located, either at the effective date of this chapter or
as a
result of subsequent amendments to the chapter.
NURSING
HOME -
Also known as "extended-care
home," "rest home" or "convalescent home." A nursing
facility is any place containing beds for two (2) or more patients,
established
to render domiciliary and/or nursing care for chronic or convalescent
patients
and which is properly licensed by the state.
OPEN
SPACE, USABLE LANDSCAPED -
That
space on the same lot and contiguous to the principal building or
buildings
(except as herein noted) which is either landscaped with shrubs,
planted with
grass or developed and maintained for recreation purposes, and excludes
that
portion of the lot which is utilized for off-street parking purposes.
OFF-STREET
PARKING
AREA -
Space provided for vehicular
parking outside a right-of-way.
OVERHANG -
Any projection, either roof, bay window or similar
cantilevered construction, which extends beyond the foundation of a
structure.
No such construction shall project into any required yard more
than three
(3) feet, and no such projection shall have a vertical surface whose
area is
more than twenty-five percent (25%) of the area obtained by multiplying
the
mean height of the structure by the length of the structure along the
yard
which is violated. An "overhang" shall be included in the
calculation of lot coverage.
PARKING
SPACE - An
area of not less than nine (9)
feet wide by eighteen (18) feet long for each automobile or motor
vehicle, such
space being exclusive of necessary drives, aisle, entrances or exits
and being
fully accessible for the storage and parking of vehicles.
(Ord.
No. Z-4-87 Amended 2-9-87-Effective Upon Passage)
PHARMACEUTICAL
CENTER - An
establishment in which only
pharmaceutical services are provided. Its purpose shall be
limited to
providing the public and various health professionals with information
and
articles intended for use in diagnosis, cure, mitigation, treatment or
prevention of a disease state, including drugs and medical instruments
or
devices of the type used under the strict supervision of a physician in
the
treatment of a specific disease entity. No articles shall be
displayed
for sale. The square footage of the "pharmaceutical center"
shall be limited to a maximum of two thousand (2,000) square feet.
PLANNING
COMMISSION -
The Planning Commission of the
Town of Front Royal, Virginia.
PORCH
- Any
porch, veranda or gallery (as
the terms are commonly and customarily defined) or similar projection
from the
main wall of a structure, constructed upon the ground, and covered by a
roof,
canopy or awning; provided that the term shall not include any carport
or other
such improvement designed for and capable of accommodating the parking
of a
motor vehicle protected from the elements. An unenclosed porch shall
mean a
porch with no side enclosure, other than the side of the structure to
which the
porch is attached, with no screens or windows. An unenclosed porch may
project
into a front or rear yard not to exceed ten feet (10') nor extend any
nearer
than fifteen (15') from any front or rear property line. The area of a
porch
shall be included in the calculation of lot coverage. A porch shall not
be
considered an overhang, nor vice versa.
(Ord.
No. 7-06 Added 7-24-06 - Effective Upon Passage)
PORTABLE
STORAGE
CONTAINERS - A
portable, weather-resistant
receptacle designed and used for the storage or shipment of household
goods,
wares or merchandise, and which shall be considered an accessory
building on
any lot or parcel within the Town, subject to the provisions of Section
175-109.2
(Ord.
No. 19-05 Added 7-25-05-Effective Upon Passage)
PROFESSIONAL
OFFICES - A
structure designed for use by a
person, or persons, in offering a service which requires specialized
knowledge
gained by intensive academic preparation such as medicine, law,
engineering,
dentistry, and other like endeavors.
PUBLIC
EVENT
- Any
temporary activity or entertainment festival that accomodates the
assembly of groups or individuals on public property after all required
authorizations are obtained from the local, state and/or federal
government(s).
(Ord. No. 1-12 Added 1-9-12-Effective Upon Passage)
PUBLIC PROPERTY - Property
that
is owned or operated by a local, state or federal government.
(Ord.
No. 1-12 Added 1-9-12-Effective Upon Passage)
PUBLIC
UTILITY -
Any person, firm, corporation,
municipal department or board duly authorized to furnish and
furnishing, under
federal, state or municipal regulations, to the public electricity,
gas, steam,
communications, telegraph, transportation, water or such other services
as may
be provided.
RECREATION
FACILITY
(commercial) - A
sports or activity facility which
is open to the general public for a fee. These shall include but are
not
limited to the following: indoor skating rink, bowling alley, arcade,
swimming
pool, hard and soft courts, health spa, gymnasium, physical fitness
center or
similar uses.
(Ord.
No. 4-08 Added 7-28-08-Effective Upon Passage)
RECREATION FACILITY (public) -
Facilities and uses sponosored by the Warren County Parks and
Recreation Department and/or the Warren County School Administration
and/or other public entities.
(Ord.
No. 5-11 Added 2-28-11-Effective Upon Passage)
RECREATIONAL
VEHICLES
-
Every vehicular-type unit
primarily designed as temporary living quarters for recreational,
camping,
travel or seasonal use, that either has its own motive power or
is
mounted in, or is towed by another vehicle. The basic entities
are:
travel, fifth wheel trailer, camping trailer and motor home.
The
parking and storing of such vehicles is guided by Section 175-100. Such
term
refers also to travel trailers.
(Ord.
No. Z-1-96 Added 7-16-96-Effective Upon Passage)
REPAIR -
The replacement of existing work with the same kind of
materials for the purpose of its maintenance, but not including
additional work
that would affect safety or affect exitway facilities or a vital
element of an
elevator, plumbing, gas piping, wiring, ventilating or heating
installation or
any work that would be in violation of a provision of the Front Royal
Building
Code or any other law governing building construction.
RESTAURANT -
Any building in which, for compensation, food or
beverages are dispensed for consumption on the premises, including,
among other
establishments, cafes, tearooms, confectionery shops and refreshment
stands.
REST
HOME -
See "nursing home."
RESTORATION,
BEGINNING
OF -
After a nonconforming use or
structure has been totally or partially destroyed, includes the
clearing of
debris within thirty (30) days of destruction and applying for a permit
to
rebuild within eighteen (18) months of said destruction.
RETAIL
STORES
AND
SHOP -
Buildings for display and sale of
merchandise at retail or for the rendering of personal services, but
specifically exclusive of coal, wood, oil and lumberyards, and
accessory uses.
ROOMING
HOUSE -
See “Lodging House."
(Ord.
No. Z-12-90 Amended 5-14-90-Effective Upon Passage)
SCHOOLS - A
public school, or a private school certified by the
State of Virginia in accordance with the provisions of Virginia Code
Section
22.1-319 et seq., or such educational and training institutions as are
exempt
from state certification under the provisions of Virginia State Code
Section
22.1-320, as amended.
(Ord.
No. Z-8-89 Added 10-23-89-Effective Upon Passage)
SCREENING
-
Any
device,
materials,
coniferous
or
deciduous
growth, or combination
thereof,
such as plantings, walls, fences, or earthen berms, of sufficient
height and
density, as determined by the Zoning Administrator, required to serve
as an
opaque barrier, to vision, light, or noise between adjoining properties.
(Ord.
No. Z-2-03 Amended 2-24-03-Effective Upon Passage)
SECTIONAL
HOME - A
dwelling made of two (2) or
more modular units transported to the home site, put on a foundation
and joined
to make a single dwelling. Such units shall meet the requirements
of the
Building Code of the Town of Front Royal.
SETBACK -
The minimum distance by which any building or structure
must be separated from the front lot line.
SHOPPING
CENTER -
Any conglomeration of commercial
activities sharing a parcel of land which is held in single ownership
and
sharing parking facilities.
SIGN -
Any display of any letters, words, numerals, figures,
devices, emblems, pictures or any parts or combinations thereof by any
means
whereby the same are made visible for the purpose of making anything
known,
whether such display be made on, attached to or as a part of a
structure,
surface or any other thing.
SIGN,
AREA OF -
The entire area within a circle,
triangle, parallelogram or trapezoid enclosing the extreme limits of
writing,
reproduction, emblem or any figure of similar character, together with
any frame
or other material or color forming an integral part of the display or
used to
differentiate the sign from the background against which it is placed,
excluding the necessary supports or uprights on which such sign is
placed.
On double-faced signs, only one (1) display face shall be
measured in
computing total sign area where sign faces are parallel and are at no
point
more than two (2) feet from one another.
SIGN,
BUSINESS - A
sign which directs attention to
a business, commodity, service, activity or product sold, conducted or
offered
upon the premises where such sign is located.
SIGN,
HOME OCCUPATION - A
sign not exceeding two (2)
square feet (on each side) in an area 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.
SIGN,
IDENTIFICATION
- A sign on the premises bearing the name of a subdivision, the name of
a group
housing project or of a school, college, park, church or other public
or
quasi-public facility or a professional or firm nameplate, but bearing
information pertaining only to the premises on which such sign is
located.
SIGN,
OUTDOOR ADVERTISING -
Any sign of any material and any
character whatsoever, (including erection, construction, posting,
painting,
printing, tacking, nailing, gluing, sticking, carving or other
fastening,
affixing or making visible in any manner), which is placed for outdoor
advertising purposes in any way whatsoever. Such sign is one
which is not
located on the premises of the activity, product, commodity or service
to which
it refers. The term "billboard" is covered by this definition.
SIGN,
TEMPORARY - A
sign applying to a seasonal or
other brief activity, such as, but not limited to, summer camps, horse
shows,
auctions or sale of land.
SPECIAL
USE
PERMIT - A
permit granted by the Town
Council, upon recommendation from the Planning Commission and after
public
hearing, for a use permitted by the Council to occupy land and/or a
building
erected thereon for a specific purpose not permitted by right, but
permitted in
accordance with standards or conditions established in this chapter or
by the
Planning Commission and/or Town Council in accordance with procedures
established by law.
STOOP - A
porch without a roof, cover or overhang, which may
project into a front or rear yard for a distance not exceeding ten (10)
feet
and into a side yard for a distance not exceeding five (5) feet.
(Ord.
No. 7-06 Added 7-24-06 - Effective Upon Passage)
STORY -
That portion of a building other than a cellar or
mezzanine, included between the surface of any floor to the beams of
the floor
next above it or, if there is not a floor above it, then the space
between the
floor and the top of the roof beams; a mezzanine shall be deemed a full
story
when it covers more than thirty-three (33%) of the area of the story
beneath
the mezzanine or if the vertical distance from the floor next below it
to the
floor next above it is twenty-four (24) feet or more.
STORY,
HALF - 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, and in which space not more
than
two-thirds (2/3) of the floor area is finished off for use.
STREET;
ROAD - A
public thoroughfare, except an
alley or driveway, which affords vehicular traffic circulation and
principal
means of access to abutting property.
STRUCTURAL
ALTERATION -
Any change in the supporting
members of a building or structure, such as bearing walls, partitions,
columns,
beams or girders, or any change in the width or number of exits or any
substantial change in the roof.
STRUCTURE -
Anything constructed or erected, the use of which
requires permanent location on the ground or attachment to something
having a
permanent location on the ground.
(Ord.
No. Z-3-2000 Amended 6-26-00-Effective Upon Passage)
STRUCTURE,
OUTDOOR
ADVERTISING -
Any structure of any kind or
character erected or maintained for outdoor advertising purposes, upon
which
any outdoor advertising sign may be placed, including also outdoor
advertising
statuary.
STRUCTURE,
PRINCIPAL - A
structure in which the
principal or primary use of the property is carried out.
(Ord.
No. Z-3-2000 Amended 6-26-00-Effective Upon Passage)
SUBDIVISION -
The division of a parcel of land into two (2) or more
lots or parcels for the purpose of transfer of ownership or building
development. The term includes resubdivision and, when
appropriate to the
context of the Front Royal Subdivision Ordinance, shall relate to the
process
of subdividing or to the land subdivided.
SURVEYOR,
LAND - A
licensed professional surveyor
registered in the Commonwealth of Virginia by the Department of
Professional
and Occupational Registration as a surveyor.
TECHNOLOGY
BUSINESS
- A
business consisting of one or
more than one in combination of the following:
1.
Electronic
information operations and providers – Businesses that assist other
businesses to better manage their paper documents by putting them in an
electronic database that can easily be viewed by a larger group of
people.
2.
Internet
service providers – Businesses that provide Internet
service to
businesses or residents.
3.
Software
design and development – Businesses that design software or
businesses that
develop the design of specific software.
4.
Computer
and peripheral sales and assembly – Businesses that assemble
computers or
sell the hardware associated with computers.
5.
Content
developers – Businesses that design and build computer systems.
6.
Internet
based sales and services – Businesses whose primary trade is based
on the
Internet, be it sales or service provider.
7.
Hardware
design, manufacture, assembly, and development – Businesses that
manufacture, assemble, or develop hardware design for computers.
8.
Telecommunications
based video service providers – Businesses that use
video-conferencing or
cable connections for employees to telecommute.
9.
Outbound
or inbound call centers – Businesses that either market their
product
through phone calls or businesses that answer consumer questions.
10.Telecommunications
equipment manufacturing, assembly, and service – Businesses that
build, put
together or service telecommunications equipment.
(Ord.
No.
Z-4-2000
Added
6-26-00-Effective
Upon
Passage)
THEATER,
INDOOR - A
building designed and/or used
primarily for the commercial exhibition of motion pictures to the
general
public or used for performance of plays, acts and dramas by actors
and/or
actresses.
TOURIST
HOME -
See "Bed-and-Breakfast Home."
(Ord.
No. Z-6-90 Amended 5-14-90-Effective Upon Passage)
TOWNHOUSE - At
least three (3) and not more than eight
(8) attached dwelling units forming a continuous
structure, each unit being separated by unpierced common or party
walls
of masonry construction going through the roof of said unit void of
fenestration or means of ingress or egress from the basement through
the roof
with individual exterior entrances at grade and with not more than four
(4)
abutting "townhouses" or dwelling units having the same front yard
setback; the setback differential shall be at least three (3) feet.
Each
"townhouse" unit shall occupy no fewer than two (2) stories in
structure.
TRAVEL
TRAILER -
Any recreational vehicle.
(Ord.
No. Z-1-96 Amended 7-16-96-Effective Upon Passage)
USE -
The purpose or activity for which land or buildings
thereon is designed, arranged or intended or for which it is occupied
or
maintained and shall include any manner of performance of such activity
with
respect to the performance standards of this chapter.
VARIANCE - A
relaxation of the terms of the Zoning Ordinance where
such "variance" will not be contrary to the public interest and
where, owing to conditions peculiar to the property and not the result
of the
action of the applicant, a literal enforcement of the ordinance will
work undue
hardships on the property owner; a "variance" is authorized only for
height, area and size of a structure or size of yards and open spaces;
establishment or expansion of a use otherwise prohibited shall not be
allowed
by "variance," nor shall a "variance" be granted because of
the presence of nonconformities in the zoning division or district or
adjoining
divisions or districts nor solely for the economic benefit of the
person
requesting such "variance."
WIRELESS
TELEPHONE
(CELL
PHONE)
COMMUNICATIONS
TOWERS
- Facilities for the proviso of personal wireless services, as defined
by 47
U.S.C Section 332 (Section 704 of the Telecommunications Act of 1996),
including those Federal Communications Commission licensed commercial
wireless
telecommunications services such as cellular, personal communications
services
(PCS), specialized mobile radio (SMR), enhanced specialized mobile
radio
(ESMR), and unlicensed wireless services and common carrier wireless
exchange
access services.
(Ord.
No. 23-05 Added 9-26-05-Effective Upon Passage)
YARD - An
open space of a generally uniform width or depth on
the same land with a building or group of buildings, which open space
lies
between the building or group of buildings and the nearest lot line and
is
occupied and unobstructed from the ground upward except as otherwise
provided
herein.
YARD,
FRONT - A
yard extending across the full
width of the lot and lying between the adjacent street right-of-way
line and
the building setback line.
YARD,
REAR - A
yard extending across the full
width of the lot and lying between the rear property line of the lot
and a line
drawn generally parallel thereto, at such distance as specified in this
chapter.
YARD,
SIDE - A
yard between the side lot line
and a line drawn generally parallel thereto, at such distance as may be
specified herein for any district, and extending from the front yard
line to
the rear yard line.
ZONING
ADMINISTRATOR -
See "Administrator."
ZONING
MAP -
The Official Zoning Map of the
Town of Front Royal, Virginia, and all amendments thereto.
ZONING
PERMIT - A
permit issued by the Zoning
Administrator to the applicant before the applicant may proceed with
any work
affected by any provision of this chapter or begin any uses of land
and/or
structures as permitted by this chapter.