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/ACCESSORY STRUCTURE - A building or structure that is subordinate to, and located on the same lot as the principal permitted use of the property, of which, the accessory building or accessory structure is used for purposes that are clearly incidental to that of the principal permitted use of the property, and which is not attached by any part of a common wall or roof to the main building, or buildings, if any. A building that is larger than 200 square feet, except for those used for agricultural pursuits, or any buildings that are connected to utilities, shall not be considered accessory buildings/structures.
(Amended by Adding "Accessory
Structure" and definition of 7-23-12 - Effective Upon Passage)
ACCESSORY USE - A use of a building, lot or
portion thereof which is customarily incidental and
subordinate to the principal permitted use of the main
building or lot.
(Amended by adding word
"permitted"7-23-12 - Effective Upon Passage)
AGRICULTURE/AGRICULTURAL
PURSUITS - The tilling of soil, the
raising of crops, horticulture, aquaculture, hydroponics,
forestry, gardening, apiculture, livestock and fowl keeping
and breeding, farm wineries, roadside stands, tenant houses
necessary for the operation of the farm, and the production
of natural products with resources primarily derived from
the land upon which it is produced. yard maintenance,
landscaping, noncommercial gardening and other customary
incidental accessory uses shall not be deemed as
"agriculture". Where agricultural uses are permitted under
Chapter 175 of the Town Code, the provisions of Section 66-5
pertaining to slaughtering of stock shall not apply,
provided that this exemption only applies to small scale
slaughtering activities on a farm, and does not apply to
slaughterhouses.
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.
CARETAKER QUARTERS – A dwelling unit located within a
building that is used by a business enterprise, and is
occupied by the owner or an employee of the business.
Only one (1) caretaker quarters shall be permitted per
building, and shall not utilize more than twenty percent (20%)
of the ground floor area of the building.
(Ord. No. 7-12 Added
3-12-12-Effective Upon Passage)
(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.
CHURCH - Buildings or structures primarily intended for organized religious services and associated accessory uses.
(Added 7-23-12 -Effective
Upon Passage)
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 or manufactured home, designed for
occupancy by one (1) family, and not located on the same lot
as another dwelling unit.
(Amended by adding
"manufactured home" 7-23-12 - Effective Upon Passage)
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)
FLEA MARKET - An
assembly of vendors, selling new or used goods in the open
air or within temporary structures, which display and sell
their wares on the lands of another for a consideration.
(Added 7-23-12 - 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.
MAIN BUILDING - A building that is used in
conjunction with the principal permitted use of the property.
(Added 7-23-12 -Effective
Upon Passage)
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.
MANUFACTURED
HOME - A
residential dwelling built in a factory in accordance with the
United States Department of Housing and Urban Development Code
and the Federal Manufactured Home Construction and Safety
Standards. A mobile home or home built from one (1) or more
modular units are not considered manufactured homes.
(Added 7-23-12-Effective
Upon Passage)
MANUFACTURING,
HEAVY - The use of
land where significant external effects are created and pose
significant risks due to the involvement of explosives,
radioactive materials, poisons, pesticides, herbicides, or
other hazardous materials in the manufacturing or other
process.
(Ord. No. 7-12 Added
3-12-12-Effective Upon Passage)
MANUFACTURING, LIGHT - The use of land for
processing, manufacturing, compounding, assembly, packaging,
treatment or fabrication of materials and products, from
processed or previously manufactured materials. Light industry
is capable of operation in such a manner as to control the
external effects of the manufacturing process, such as smoke,
noise, soot, dirt, vibration, odor, etc. Uses may
include, but are not limited to, a machine shop, the
manufacturing of apparel, electrical appliances, electronic
equipment, camera and photographic equipment, ceramic
products, cosmetics and toiletries, business machines, paper
products (but not manufacturing of paper from pulpwood),
musical instruments, medical appliances, tools or hardware,
plastic products (but not the processing of raw materials),
pharmaceuticals or optical goods, bicycles, and any other
product of a similar nature as determined by the Director.
(Ord. No. 7-12 Added
3-12-12-Effective Upon Passage)
MANUFACTURING, MEDIUM - The use of land where goods or energy 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. Medium industry produces moderate external effects such as smoke, noise, soot, dirt, vibration, odor, etc.
(Ord. No. 7-12 Added
3-12-12-Effective Upon Passage)
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)
MOBILE HOME - A residential dwelling built
in a factory before the Federal Manufactured Home Construction
and Safety Standards went into effect on June 15, 1976.
New or replacement mobile homes are not permitted within the
Town.
(Added 7-23-12-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 supplements incorporated into
a structure at the site. Modular units are a permitted
construction type when designed to comply with the Virginia
Uniform Statewide Building Code, and shall not be considered
manufactured homes.
(Amended 7-23-12-Effective
Upon Passage)
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,
environmental and/or aesthetic purposes, and excludes that
portion of the lot which is utilized for off-street parking
purposes.
(Amended by adding
"environmental and/or aesthetic purposes" 7-23-12-Effective
Upon Passage)
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)
PEDDLER - A short-term temporary use of
property that is permitted on commercially zoned, subject to
compliance with the provisions of Chapter 98, Section 61 of
the Town Code, or as amended.
(Added 7-23-12-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)
PRINCIPAL PERMITTED USE - A specific use, or uses, of a
lot that are permitted on a particular lot, based on the
regulations of the underlying zoning district, and the main
use, or uses, of the property, as distinguished from an
accessory use.
(Added 7-23-12-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 accommodates 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 FACILITY - Any area, building or
structure used or controlled for government purposes, that is
owned, held, or operated by any department, branch or unit of
the federal government, the Commonwealth of Virginia or one or
more of its local governments, political subdivisions or
municipal corporations.
(Added 7-23-12-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. Where public utilities are
permitted under this Chapter, poles, lines, water towers,
reservoirs, water and sewer treatment facilities, booster and
relay stations, distribution transformers, pipes, meters and
other facilities necessary for the provision and maintenance
of public utilities shall be permitted.
(Amended 7-23-12-Effective
Upon Passage)
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 sponsored
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.
ROADSIDE STAND - The
commercial sale of agricultural products that are grown,
raised, and/or crafted on the same premises in conjunction
with the use of the property for agriculture, as defined
herein.
(Added 7-23-12- Effective
Upon Passage)
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 Manufacture, 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.