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Terms defined. Words contained in this Appendix are those having a special meaning relative to
the purposes of this Ordinance. Words not listed in this Appendix shall be defined by reference
to: (1) Chapter 2 of the Uniform Statewide Building Code (The BOCA National Building Code,
1996) or, if not defined therein, in (2) the Webster's Third New International Dictionary,
unabridged, 1993 or, if not defined therein, (3) the Virginia Code or Virginia Administrative
Code, which documents are hereby incorporated by reference as if set forth in their entirety
herein. Words and terms defined elsewhere in this Ordinance shall be given the meanings set
forth therein.
(1) Word Usage. In the interpretation of this Ordinance, the provisions and rules of this
Appendix shall be observed and applied, except when the context clearly requires
otherwise:
a. Words used or defined in one tense or form shall include other tenses and
derivative forms.
b. Words in the singular number shall include the plural number, and words in the
plural number shall include the singular number.
c. The masculine gender shall include the feminine, and the feminine gender shall
include the masculine.
d. The word "shall" is mandatory.
e. The word "may" is permissive.
f.
The word "person" includes individuals, firms, corporations, associations, trusts
and any other similar entities.
g. The word "City" shall mean City of Suffolk, Virginia.
h. The word "Board" shall mean the Board of Zoning Appeals of the City of
Suffolk.
i.
The words "Planning Commission" shall mean the City of Suffolk Planning
Commission.
j.
The words "Recorder" and "Recorder of Deeds" shall mean the Clerk of Court.
k. In case of any difference of meaning or implication between the text of this
Ordinance and any caption, illustration, or table, the text shall control.
l.
All provisions of this Ordinance shall be construed to be in addition to all other
applicable laws, ordinances and rules of the federal government, the
Commonwealth of Virginia, and the City of Suffolk; and in case of any conflict
between this Ordinance and any such other law, Ordinance or rule, the more
restrictive shall prevail.
m. The words "include" and "including" mean include or including by way of
illustration and not by way of limitation.
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n. The phrase "use for" includes the phrases "arranged for," "designed for,"
"intended for," "maintained for" and "occupied for."
o. Any reference to "this Ordinance" shall mean the Uniform Development
Ordinance.
p. References to the Code of Virginia ("VC,") the Virginia Administration Code
("VAC") or to the Code of the City of Suffolk are applicable as of the effective
date of this Ordinance. Subsequent changes to those Sections, including
renumbering, shall be deemed to be incorporated herein, mutatis mutandis.
q. The terms "land use" and "use of land" shall be deemed also to include "building"
and "use of building."
(2) Words, terms and phrases not defined herein shall have the meaning assigned in
Chapter 2 of the Statewide Building Code (The BOCA National Building Code,
1996), which is hereby incorporated by reference.
AASHTO: The American Association of State Highway and Transportation Officials. (Source:
24 VAC 30-90-10)
ADT: Average daily traffic count (see "Projected Traffic"). (Source: 24 VAC § 30-90-10)
ABANDON: The discontinuance of a use pursuant to Section 31-801; the alteration of a use; or
act of changing one use to another use, whether to a more restrictive or to a more expansive use.
ABANDONED INACTIVE BORROW PIT: An area of land which has been disturbed by
surface mining or excavation and which has not been reclaimed or restored and in which mining
activity is not currently underway and is not authorized to be reestablished by the terms of a valid
use permit.
ABOVEGROUND STORAGE TANK or AST: Any one or combination of tanks, including
pipes, used to contain an accumulation of oil at atmospheric pressure, and the volume of which,
including the volume of the pipes, is more than ninety percent (90%) above the surface of the
ground. This term does not include line pipe and breakout tanks of an interstate pipeline regulated
under the Hazardous Liquid Pipeline Safety Act of 1979. (Source: 9 VAC 25-130-10)
ABUT: Having property or district lines in common.
ABUTTING PARCELS: See "Contiguous."
ACCEPTED ENGINEERING PRACTICE: That which conforms to accepted principles, tests
or standards of nationally recognized technical or scientific authorities. (Source: Uniform
Statewide Building Code, § 202.0)
ACCESSIBLE: Describes a site, building, facility or portion thereof that complies with this
Ordinance and CABO A117.1 listed in Chapter 35, and that can be approached, entered and used
by a physically disabled person. (Source: Uniform Statewide Building Code § 1102.1)
ACCESSORY APARTMENT: An independent subordinate dwelling unit attached to or
contained within a single-family detached dwelling.
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ACCESSORY DWELLING UNIT: See "Dwelling, Accessory."
ACCESS: A way or means of approach to provide vehicular or pedestrian entrance or exit to a
property.
ACCESS CLASSIFICATION: A ranking system for roadways used to determine the
appropriate degree of access management. Factors considered include functional classification,
the appropriate local government's adopted plan for the roadway, subdivision of abutting
properties, and existing level of access control.
ACCESS CONNECTION: Any driveway, street, turnout or other means of providing for the
movement of vehicles to or from the public roadway system.
ACCESS MANAGEMENT: The process of providing and managing access to land
development while preserving the regional flow of traffic in terms of safety, capacity and speed.
ACCESS MANAGEMENT PLAN (CORRIDOR): A plan illustrating the design of access for
lots on a highway segment or an interchange area that is developed jointly by the state, the
metropolitan planning organization and the affected jurisdiction(s).
ACCESS ROAD: A paved or unpaved route or path from a public highway or public road to a
building, structure, use, site or associated facility.
ACCESSORY STRUCTURE: A building, the occupancy of which is incidental to that of the
main building, that is located on the same lot as the main building. (Source: Uniform Statewide
Building Code, § 202.0)
ACCESSORY USE: A use of land or of a building, or portion thereof, incidental and
subordinate to the principal use of the land or building and located on the same lot with such
principal use.
ACTIVE LIFE: The period of operation beginning with the initial receipt of solid waste and
ending at completion of closure activities required by this Ordinance. (Source: 9 VAC 20-80-10)
ACTIVE PORTION: The term "active portion" also includes that portion of a hazardous waste
disposal facility where treatment, storage or disposal operations are being conducted. It includes
the treated area of a land farm and the active face of a landfill, but does not include those portions
of a facility which have been closed in accordance with all applicable closure requirements of the
Virginia Department of Health. (Source: Virginia Administrative Code 9 VAC 20-50-40) The
term "active portion" also includes that part of a facility or unit that has received or is receiving
wastes and that has not been closed in accordance with 9 VAC Chapter 20 or its successor
regulations.
ACTIVITY: Any man-made change or physical alteration to improved or unimproved real
estate, including but not limited to mining, dredging, filling, grading, paving, fencing excavating,
drilling, channel rectification, and buildings or other structures (e.g., dam, wall, embankment,
levee, dike, pile, abutment, projection, bridge, conduit, culvert, fence).
ADDITION: An increase in building area, aggregate floor area, height or number of stories of a
structure. (Source: Uniform Statewide Building Code, § 202.0)
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ADEQUATE PUBLIC FACILITIES STANDARDS: The procedures and standards for
determining the compliance of an application for development approval with the adopted level of
service, as established by Section 31-601 of this Ordinance, as such may be amended from time
to time.
ADJACENT: All properties immediately contiguous to a development site, including those
which are separated from the site only by a road or other right-of-way or easement.
ADJOIN: Touching at some point.
ADMINISTRATIVE PERMIT: A permit which may be issued by the Zoning Administrator for
certain types of uses identified in this Chapter upon demonstration of compliance with all
applicable standards, criteria and procedures for issuance as established herein.
ADMINISTRATIVE DECISION: Any decision on a development application made by an
authorized City officer, agent, official or employee pursuant to Article 3, Section 31-302 of this
Ordinance.
ADMINISTRATIVE PROCEDURES: The procedures for rendering a decision relating to an
administrative permit, as set forth in Section 31-302 of this Ordinance.
ADMINISTRATOR: The Zoning Administrator of the City or his or her designee.
ADOPTED LEVEL OF SERVICE: See "Level of Service, Adopted."
ADULT BOOKSTORE or ADULT VIDEO STORE means a commercial retail establishment
that, as one of its principal business purposes, offers for sale or rental for any form of
consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion
picture, video cassettes or video reproductions, slides, or other visual representations
that depict or describe "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices, or paraphernalia that are designed for use in connection with
"specified sexual activities."
(3) A "principal business purpose exists" if materials offered for sale or rental depicting
or describing "specified sexual activities" or "specified anatomical areas" generate 20
percent or more of the business's income, or account of 20 percent or more of
inventory, or occupy 20 percent or more of total floor space. A commercial
establishment may have other principal business purposes that do not involve the
offering for sale or rental of material depicting or describing "specified sexual
activities" or "specified anatomical areas" and still be categorized as an adult
bookstore or adult video store so long as one of its principal business purposes is the
offering for sale or rental for consideration the specified materials that depict or
describe "specified sexual activities" or "specified anatomical areas."
a. "Specified anatomical areas" means:
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(i) The human male genitals in a discernibly turgid state, even if fully and
opaquely covered;
(ii) Less than completely and opaquely covered human genitals, pubic region,
buttocks, or a female breast below a point immediately above the top of the
areola.
b. "Specified sexual activities" means and includes any of the following:
(i) The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts, whether covered or uncovered;
(ii) Sex acts, normal or perverted, actual or simulated, including intercourse, oral
copulation, or sodomy;
(iii) Masturbation, actual or simulated; or
(iv) Excretory functions as part of or in connection with any of the activities set
forth in (i) through (iii) above.
ADULT CARE RESIDENCE: Any place, establishment, or institution, public or private,
operated or maintained for the maintenance or care of four or more adults who are aged, infirm or
disabled and who are cared for in a primarily residential setting, except (i) a facility or portion of
a facility licensed by the State Board of Health or the Department of Mental Health, Mental
Retardation Intellectual Disability and Substance Abuse Services, but including any portion of
such facility not so licensed, and (ii) the home or residence of an individual who cares for or
maintains only persons related to him by blood or marriage, and (iii) a facility or portion of a
facility serving infirm or disabled persons between the ages of 18 and 21, or 22 if enrolled in an
educational program for the handicapped pursuant to § 22.1-214 of the Code of Virginia, when
such facility is licensed by the Virginia Department of Social Services as a child-caring institution
under Chapter 10 ( 63.1-195 et seq.) of Title 63.1 of the Code of Virginia, but including any
portion of the facility not so licensed. Included in this definition are any two or more places,
establishments or institutions owned or operated by a single entity and providing maintenance or
care to a combined total of four or more aged, infirm or disabled adults. (Source: 22 VAC
40-71-10)
ADULT DAY-CARE CENTER: A facility, which is either operated for profit or which desires
licensure, for four or more aged, infirm or disabled adults which is operated during a part of the
day only, which provides supplementary care and protection of individuals who reside elsewhere
except (i) a facility or portion of a facility licensed by the State Board of Health or the State
Board of Mental Health, Mental Retardation and Substance Abuse Services, and (ii) the home or
residence of an individual who cares for only persons related to him by blood or marriage.
(Chapter 9, § 63.1-172C of the Code of Virginia) (Source: 22 VAC 40-60-10) Any facility that
is either operated for profit or that desires licensure and that provides supplementary care and
protection during only a part of the day to four or more aged, infirm or disabled adults who
reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of
Health or the Department of Behavioral Health and Developmental Services, and (ii) the home
or residence of an individual who cares for only persons related to him by blood or marriage.
Included in this definition are any two or more places, establishments or institutions owned,
operated or controlled by a single entity and providing such supplementary care and protection
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to a combined total of four or more aged, infirm or disabled adults.(Source VC § 63.2-100, July
2010)
AFFORDABLE HOUSING: Very low income housing, low income housing, or moderate
income housing as defined in this Ordinance. (See Code of Virginia, § 15.2-2201 or its successor
regulations)
AGGRIEVED PERSON: The City, through the City Council, the Planning Commission, or the
Administrator; a county or municipality within an area designated as a joint planning area;
applicants, and persons, businesses, corporations, institutions, governments or other entities
owning property or residing within one thousand (1,000) feet from the exterior boundaries of a
proposed development; and any other person having standing to challenge a development order
pursuant to Virginia law.
AGRIBUSINESS: A business and/or commercial use operated primarily for the support of
agricultural needs. It may consist of products, materials, and equipment servicing and sales;
storage and/or processing of agricultural products and/or animals; medical and/or technical
support services.
AGRICULTURE: The use of land for a bona fide agricultural operation such as the raising of
crops, horticulture, the keeping of animal, bees, and fowl, or any other similar agricultural
activity, and including the customary accessory uses which are normally associated with such
activities.
AGRICULTURAL ANIMALS: The following animals are considered accessory agricultural
animals to an agricultural use, whether used for personal enjoyment or for commercial purposes:
horses, mules, burros, sheep, cattle, rabbits, chickens, ducks, geese, pigs, goats, ostrich, emu or
rhea.
AGRICULTURAL BUILDING: A structure utilized to store farm implements, hay, feed, grain
or other agricultural or horticultural products or to house poultry, livestock or other farm animals.
Such structure shall not include habitable or occupyiable spaces, spaces in which agricultural
products are processed, treated or packaged, nor shall an agricultural building be a place of
occupancy by the general public. (Source: Uniform Statewide Building Code, § 202.0)
AGRICULTURAL LANDS: Those lands used for the planting and harvesting of crops or plant
growth of any kind in the open; pasture; horticulture; dairying; floriculture; or raising of poultry
and/or livestock.
AGRICULTURAL PRODUCE: Fruit, vegetables, eggs and honey prior to processing of any
kind other than washing. Canned fruits or vegetables, preserves, wine, meat and dairy products
shall not be considered agricultural produce for the purposes of this Ordinance.
AGRICULTURAL WASTE: All solid waste produced from farming operations, or related
commercial preparation of farm products for marketing. (Source: Virginia Administrative Code 9
VAC 20-80-10)
AIRPORT AND RELATED USES: Any public or private airport, including terminal buildings,
towers, runways, and other facilities directly pertaining to the operation of the airport.
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AISLE, TRAFFIC: The traveled way by which cars enter and depart spaces in parking lots.
ALLEY: A public passageway affording a secondary means of access to abutting property.
ALL-WEATHER SURFACE: A surface which is passable in all weather conditions and is
designed to support all reasonably anticipated loads in all weather conditions. An all-weather
surface may be either pervious or impervious; however, it must not produce dust.
ALTER: To modify or change naturally occurring physical and/or functional elements of the
land. With regard to buildings, the term "alter" means to construct or to renovate an existing
structure other than through a repair or addition.
ALTERATION: Any construction or renovation to an existing structure other than repair or
addition. (Source: Uniform Statewide Building Code, § 202.0)
ALTERNATIVE TOWER STRUCTURE: Man-made trees, clock towers, bell steeples, light
poles and similar alternative-design mounting structures that camouflage or conceal the presence
of antennas or towers.
AMENDMENT: An amendment to this Ordinance.
AMPLITUDE: The maximum displacement of the surface of the earth from its normal resting
position. Amplitude is generally measured in inches or mils.
AMUSEMENT ARCADE: A building or part of a building in which five (5) or more pinball
machines, video games, or other similar player-operated amusement devices are maintained.
AMUSEMENT CENTER, INDOOR: An commercial establishment offering sports, game
playing or similar amusements to the public, including, but not limited to: skating rinks, bowling
alleys, billiards, ping pong, mechanical or electronic games, but not gambling or card playing,
within a fully enclosed structure. Indoor commercial amusement does not include noncommercial or charitable events.
AMUSEMENT CENTER, OUTDOOR: An commercial establishment that offers games, rides,
or other similar activities on a commercial basis in a fixed location, including but not limited to:
miniature golf, amusement parks, water slides, amphitheaters, stadia, tracks, and drive-in theaters.
ANCHOR STORE: An exterior perimeter department store or major merchandising or magnet
center having direct access to a mall and having its required exits independent of the mall.
(Source: Uniform Statewide Building Code § 402.2)
ANEMOMETER: Measures the wind speed and transmits wind speed data to the controller.
ANIMAL: Any nonhuman vertebrate species except fish.
ANIMAL AGRICULTURE: All livestock and poultry.
ANIMAL CLINIC: Facility for the medical care and treatment of animals under the supervision
of a licensed veterinarian with no outdoor accommodations for the temporary boarding of
animals.
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ANIMAL DEALER: Any person who in the regular course of business for compensation or
profit buys, sells, transfers, exchanges, or barters companion animals. Any person who transports
companion animals in the regular course of business as a common carrier shall not be considered
a dealer.
ANIMAL FEEDING OPERATION: A lot or facility (other than an aquatic animal production
facility) where the following conditions are met: (i) animals (other than aquatic animals) have
been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in
any 12-month period, and (ii) crops, vegetation forage growth, or post-harvest residues are not
sustained in the normal growing season over any portion of the lot or facility. (Source: Virginia
Administrative Code 9 VAC 25-31-10; 9 VAC 25-32-10)
ANIMAL FOOD MANUFACTURER: Any person engaged in the business of manufacturing
or processing animal food derived wholly or in part from carcasses or parts or products of the
carcasses of livestock.
ANIMAL HOSPITAL: Facility for the medical care and treatment of animals under the
supervision of a licensed veterinarian with outdoor accommodations for the temporary boarding
of animals.
ANIMAL POUND: A facility operated by the Commonwealth, or any political subdivision, for
the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted
animals; or a facility operated for the same purpose under a contract with any county, City, town,
or incorporated society for the prevention of cruelty to animals.
ANIMAL SHELTER: A facility which is used to house or contain animals and which is owned,
operated, or maintained by a duly incorporated humane society, animal welfare society, society
for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare,
protection, and humane treatment of animals.
ANIMAL UNIT: A unit of measurement for any animal feeding operation calculated by adding
the following numbers: the number of slaughter and feeder cattle multiplied by 1.0, plus the
number of mature dairy cattle multiplied by 1.4, plus the number of swine weighing over twentyfive (25) kilograms (approximately fifty-five (55) pounds) multiplied by 0.4, plus the number of
sheep multiplied by 0.1, plus the number of horses multiplied by 2.0. (Source: Virginia
Administrative Code 9 VAC 25-31-10)
ANTENNA: Any system of wires, poles, rods, reflecting discs, or similar devices used for the
transmission or reception of electromagnetic waves external to or attached to the exterior of any
building.
APARTMENT BUILDING: See "Dwelling, Multiple-Family" or "Dwelling, Multiple SingleFamily." Apartment Building”
APPEAL: A request for a review of the interpretation of any provisions of this Ordinance, or a
request for a determination that there is error in an order, requirement or decision made by the /
an administrative official pursuant to this Ordinance or Code of Virginia, §§ 15.2-2259 (with
respect to subdivision plats) or 15.2-2311 (with respect to zoning permits).
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APPLICANT: Any person, firm, partnership, joint venture, association, corporation, group or
organization, including any designated representative thereof, applying for any permit, approval
or decision governed or required by this Ordinance.
APPLICATION FOR DEVELOPMENT APPROVAL or APPLICATION: A written request
for any approval, permit, or action required by this Ordinance, including any written request for
approval or issuance of a development order or development permit. This includes such terms as
"proposals" and "requests."
APPROPRIATE AUTHORIZED DESIGN PROFESSIONAL: An architect, professional
engineer, land surveyor, or landscape architect; competent in their respective areas of practice and
licensed to offer such services in the Commonwealth of Virginia.
APPROVED WATER SUPPLY: A waterworks which has a valid waterworks operation permit
from the department or a waterworks which is evaluated, tested and if found in reasonable
compliance with the applicable standards, accepted and approved by the Director or the Director's
designee. (Source: Virginia Administrative Code 12 VAC 5-420-10)
APPURTENANT STRUCTURE: A device or structure attached to the exterior or erected on
the roof of a building designed to support service equipment or used in connection therewith, or
for advertising or display purposes, or other similar occupancies. (Source: Uniform Statewide
Building Code, § 202.0)
AQUACULTURE: A defined managed water area used for the maintenance or production of
harvestable freshwater, estuarine, or marine plants or animals. (Source: Virginia Administrative
Code 9 VAC 25-31-10)
AQUIFER: Water-bearing geologic formation, group of formations, or part of a formation that is
capable of yielding a significant amount of groundwater to wells or springs. An aquifer is
unconfined (water table) or confined (artesian) according to whether the upper surface of the
water is at atmospheric pressure or at greater than atmospheric pressure. (Source: 9 VAC 20-5040 or its successor regulations) The term "aquifer" also includes a geologic formation, group of
formations, or a portion of a formation capable of yielding significant quantities of groundwater
to wells or springs. (Source: Virginia Administrative Code 9 VAC 20-80-10)
ARBORIST: An individual trained in arboriculture, forestry, landscape architecture, horticulture,
or related fields and experienced in the conservation and preservation of native and ornamental
trees. This definition shall also incorporate the term urban forester.
ARCHITECT: An individual licensed by the Commonwealth of Virginia to practice
architecture.
ARCHITECT, LANDSCAPE: An individual certified by the Commonwealth of Virginia to
practice landscape architecture.
ARCHITECTURAL TERRA COTTA: Plain or ornamental hard-burr plastic clay units, larger
in size than brick, with glazed or unglazed ceramic finish. (Source: Uniform Statewide Building
Code § 2102.1)
AREA, BUILDING: The area; included within surrounding exterior walls (or exterior walls and
fire walls) exclusive of vent shafts and courts. Areas of the building not provided with
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surrounding walls shall be included in the building area if such areas are included within the
horizontal projection of the roof or floor above. (Source: Uniform Statewide Building Code §
502.1)
AREA OF INFLUENCE: (Also referred to as service or trade area.) The area from which a land
use draws its customers or users or from which it can be reasonably expected to draw.
AREA OF INFLUENCE (AIRPORT): An area surrounding an airport which is impacted or
influenced by its proximity to the airport, either by aircraft overflight, noise, vibrations, or by
vehicular traffic associated with airport operations.
AREA OF SHALLOW FLOODING: A designated AO or VO zone of the Flood Insurance
Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel
does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be
evident.
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to a one (1)
percent or greater chance of flooding in any given year.
AREAS SUSCEPTIBLE TO MASS MOVEMENT: Those areas of influence (i.e., areas
characterized as having an active or substantial possibility of mass movement) where the
movement of earth material at, beneath, or adjacent to the solid waste management unit, because
of natural or man-induced events, results in the downslope transport of soil and rock material by
means of gravitational influence. Areas of mass movement include, but are not limited to,
landslides, avalanches, debris slides and flows, soil fluction, block sliding, and rock fall. (Source:
9 VAC 20-80-10)
ARRAY: A set of antennas for one carrier or service that are placed on a mount at a given height,
and spaced so as to avoid internal interference. An array is usually sectorized into three (3)
directions and separated vertically from another carrier's (or another service's) array when colocated on the same mount.
ARTISINAL USE: The manufacture and sale of artifacts utilizing only hand-held and/or table
mounted electrical tools contained within an enclosed structure.
AS-BUILT DRAWING: See "Record Drawing."
ASH: The fly ash or bottom ash residual waste material produced from incineration or burning of
solid waste or from any fuel combustion.
ASSISTED LIVING: A level of service provided by an adult care residence for adults who may
have physical or mental impairments and require at least moderate assistance with the activities of
daily living. Included in this level of service are individuals who are dependent in behavior
pattern (i.e., abusive, aggressive, disruptive) as documented on the uniform assessment
instrument. (Source: Virginia Administrative Code 22 VAC 40-71-10 § 3105.2)
ASSISTED LIVING FACILITY: Any congregate residential setting that provides or
coordinates personal and health care services, 24-hour supervision, and assistance (scheduled
and unscheduled) for the maintenance or care of four or more adults who are aged, infirm or
disabled and who are cared for in a primarily residential setting, except (i) a facility or portion
of a facility licensed by the State Board of Health or the Department of Behavioral Health and
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Developmental Services, but including any portion of such facility not so licensed; (ii) the
home or residence of an individual who cares for or maintains only persons related to him by
blood or marriage; (iii) a facility or portion of a facility serving infirm or disabled persons
between the ages of 18 and 21, or 22 if enrolled in an educational program for the
handicapped pursuant to § 22.1-214, when such facility is licensed by the Department as a
children's residential facility under Chapter 17 (§ 63.2-1700 et seq.) of this title, but including
any portion of the facility not so licensed; and (iv) any housing project for persons 62 years of
age or older or the disabled that provides no more than basic coordination of care services and
is funded by the U.S. Department of Housing and Urban Development, by the U.S. Department
of Agriculture, or by the Virginia Housing Development Authority. Included in this definition
are any two or more places, establishments or institutions owned or operated by a single entity
and providing maintenance or care to a combined total of four or more aged, infirm or
disabled adults. Maintenance or care means the protection, general supervision and oversight
of the physical and mental well-being of an aged, infirm or disabled individual. (Source VC §
63.2-100 or its successor regulations)
ATTACHED RESIDENTIAL: Building containing dwelling units, each of which has
individual primary ground floor access to the outside and which are attached to each other by
party walls without openings. The term is intended primarily for such dwelling types as
townhouses and duplexes.
ATTENUATION: Any decrease in the maximum concentration or total quantity of a chemical
or biological constituent during a fixed time or distance traveled. (Source: Virginia
Administrative Code 9 VAC 20-50-40)
ATTIC: The space between the ceiling beams of the top story and the roof rafters. (Source:
Uniform Statewide Building Code § 1202.1)
AUDITORIUM: A room, hall, or building, that is a part of a church, theater, school, recreation
building, or other building assigned to the gathering of people as an audience to hear lectures,
plays and other presentations. See also "Places of Public Assembly."
AUTHORIZED AGENT: Any person with valid authority provided by the owner, as evidenced
by a notarized document authorizing the agent to represent the owner, and acting on behalf of the
owner of land seeking a development order or development permit approval.
AUTO-ORIENTED USES: See "Drive-Through Uses."
AUTOMOBILE AUCTION: A business which sells or offers for sale motor vehicles at auctions
on a wholesale basis, only to licensed new or used vehicle dealers or wholesalers. Accessory uses
may include services such as title processing, clean-up and light service, and repair of vehicles for
sale for auction, the sale of food to customers, financial services, test drive track, the storage or
marshaling of auction vehicles and the sale of specialty vehicles at auctions on a wholesale basis.
AUTOMOBILE GRAVEYARD: An operation involving the dismantling or wrecking of used
motor vehicles or trailers, or the storage, sales, or dumping of dismantled or wrecked vehicles or
their parts. The presence on any lot or parcel of land of two (2) or more motor vehicles, which,
for a period exceeding thirty (30) days, have not been capable of operating under their own power
and from which parts have been removed for reuse or sale, shall constitute prima-facie evidence
of an automobile graveyard.
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AUTOMOBILE REPAIR SHOP: A shop or place of business used for the repair and
maintenance of motor vehicles and other motor vehicle equipment.
AUTOMOBILE STORAGE LOT: An operation involving the temporary storage (typically 90
days or less) of operable motor vehicles. This shall specifically include vehicle impound areas.
AUTOMOTIVE REPAIR, MAJOR: Engine rebuilding or major reconditioning (the removal
from any vehicle or a major portion thereof including, but not limited to, the differential,
transmission, head, engine block, or oil pan.), worn or damaged motor vehicles or trailer collision
service, including body, frame or fender straightening or repair, and/or painting of vehicles.
AUTOMOTIVE REPAIR, MINOR: The sale of automotive fuels or oils, and the incidental
repair and replacement of parts and motor services to automobiles, but not including any
operation specified under "Automotive Repair, Major."
AVAILABLE CAPACITY: Existing capacity and planned capacity less existing demand and
demand that will be generated by committed development.
AVERAGE DAILY TRAFFIC (ADT): The average number of vehicles per day which pass
over a given point on a roadway.
AVIATION EASEMENTS: A document acknowledging airport proximity, limiting the height
of structures and granting permission for the conditions arising from the overflight of aircraft in
connection with the operation of an airport.
AWNING: An awning is an architectural projection that provides weather protection, identity or
decoration and is wholly supported by the building to which it is attached. An awning is
comprised of a lightweight, rigid skeleton structure over which a rigid covering is attached.
(Source: Uniform Statewide Building Code § 3105.2)
BACKHAUL NETWORK: Means the lines that connect a provider's towers/cell sites to one or
more cellular telephone switching offices, and/or long distance providers, or the public switched
telephone network.
BALCONY (EXTERIOR): An exterior floor projecting from and supported by a structure
without additional independent supports. (Source: Uniform Statewide Building Code § 1602.1)
BAR: Premises used primarily for the sale or dispensing of alcoholic beverages by the drink for
on-site consumption and where food may be available for consumption as an accessory use.
BASE FLOOD: A flood that has a 1.0 percent or greater chance of recurring in any given year or
a flood of magnitude equaled or exceeded on the average only once in a one hundred (100) years
on the average over a significantly long period. (Source: Virginia Administrative Code 9 VAC
20-80-10 ) See also, "Hundred-Year Flood."
BASE FLOOD ELEVATION: The calculated water-surface elevation of the base flood.
BASEMENT: That portion of a building which is partly or completely below grade. (Source:
Uniform Statewide Building Code § 502.1)
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BEACON: Any light with one or more beams directed into the atmosphere or directed at one or
more points not on the same zone lot as the light source; also, any light with one or more beams
that rotate or move.
BED AND BREAKFAST: A house, or portion thereof, where short-term lodging rooms and
meals are provided. The operator of the inn shall live on the premises or in adjacent premises.
The term "bed and breakfast" also includes a tourist home that serves meals. (Source: 12 VAC 5420-10) Any establishment (i) having no more than 15 bedrooms; (ii) offering to the public,
for compensation, transitory lodging or sleeping accommodations; and (iii) offering at least
one cooked meal per day, which may but need not be breakfast, to each person to whom
overnight lodging is provided. The facility shall have an on-premises sign describing it as a bed
and breakfast and shall clearly describe itself as a bed and breakfast in all marketing
materials. (Source: Virginia Administrative Code)
BEDROCK: The rock that underlies soil or other unconsolidated, superficial material at a site.
(Source: 9 VAC 20-80-10)
BERM: A mound of earth used to shield, screen, or buffer views, separate land uses, provide
visual interest, decrease noise, or control the direction of water or traffic flow.
BEST MANAGEMENT PRACTICE (BMP): A practice, or a combination of practices, that is
determined by a state or designated area-wide planning agency to be the most effective, practical
means of preventing or reducing the amount of pollution generated by non-point sources to a
level compatible with water quality goals. The term "best management practice" also includes
schedules of activities, prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the pollution of surface waters. BMPs also include treatment
requirements, operating procedures, and practices to control plant site run-off, spillage or leaks,
sludge or waste disposal, or drainage from raw material storage. (Source: Virginia Administrative
Code 9 VAC 25-31-10)
BICYCLE: A device propelled by human power upon which any person may ride, having two
tandem wheels either of which is more than sixteen (16) inches in diameter or having three
wheels in contact with the ground any of which is more than 16 inches in diameter.
BICYCLE FACILITIES: A general term denoting improvements and provisions made or
approved by public agencies to accommodate or encourage bicycling, including parking facilities,
mapping, and bikeways, and shared roadways not specifically designated for bicycle use.
BICYCLE LANE (BIKE LANE): A portion of a roadway which has been designated by
striping, signing and pavement markings for the preferential or exclusive use of bicyclists.
BICYCLE PATH: See "Path, Bicycle."
BIG BOX RETAIL: A single retail establishment with a gross floor area not less than 60,000
square feet, and which may include fast food restaurants and other accessory retail uses with an
entrance inside the primary retail establishment.
BIKEWAY: A transportation facility designed to safely accommodate bicycle traffic. Bikeways
are subdivided into three general classes:
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
Class I - bikeway is physically separated from the roadway by open space, a physical
barrier, or both.

Class II - bikeway is a designated and marked lane immediately adjacent to the travel
lanes of a roadway.

Class III - bikeway shares travel lanes of a roadway with other vehicles. Lanes may
be wider to accommodate cyclists, but no specific lane designations are made.
BILLBOARD: A sign that identifies or communicates a commercial or noncommercial message
related to an activity conducted, a service rendered, or a commodity sold at a location other than
where the sign is located. Also known as an “off-premise sign”. A sign located off-premises
not otherwise permitted. See §31-714, Sign Regulations under “Prohibited Signs”.
BLOCK: That property abutting one side of a street and lying between the two nearest
intersecting streets, or nearest intersecting street and railroad right-of-way, unsubdivided acreage,
waterways, but not an alley, of such size as to interrupt the continuity of development on both
sides thereof.
BLOCK FRONTAGE: All property fronting on one side of a street between intersecting or
intercepting streets, or between a street and a street right-of-way, water way (wider than 30 feet),
or end of a dead-end street. An intercepting street shall determine only the boundary of the
frontage of the side of the street which it intercepts.
BOARD: Unless otherwise indicated in the text, board shall refer to the Board of Zoning
Appeals.
BOARDING HOUSE: A building arranged or used for lodging for compensation, with or
without meals, and not occupied as a single-family unit. (Source: Uniform Statewide Building
Code § 310.1)
BOARDING SCHOOL: See "School, Boarding."
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BOATHOUSE: An accessory structure which is constructed either wholly or partially over a
body of water and which is designed primarily to provide shelter for water craft or for marine
related equipment.
BODY PIERCER: Any person who actually performs the work of body piercing.
BODY PIERCING: The act of penetrating the skin to make a hole, mark, or scar, generally
permanent in nature. "Body piercing" does not include the use of a mechanized, pre-sterilized earpiercing system that penetrates the outer perimeter or lobe of the ear or both.
BODY PIERCING OPERATOR: Any person who controls, operates, conducts or manages any
body piercing establishment, whether actually performing the work of body piercing or not.
BODY PIERCING SALON: Any place in which a fee is charged for the act of penetrating the
skin to make a hole, mark or a scar, generally permanent in nature. "Body piercing" does not
include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer
perimeter or lobe of the ear or both.
BORROW PIT: See "Surface Mine."
BOTTOM ASH: Particulate matter, resulting from the burning of pulverized coal or other fossil
fuel, which is collected from the floor of a boiler, furnace or combustion chamber.
BOULEVARD: A street divided by a landscaped center island and generally designated by a
name, as described in Section 31-612(c)(3) "Street Improvement Standards."
BRICK, CALCIUM SILICATE (SAND LIME BRICK): A building unit made of sand and
lime. (Source: Uniform Statewide Building Code § 2102.1)
BRICK, CLAY OR SHALE: A solid masonry unit made of clay or shale, usually formed into a
rectangular prism while in the plastic state and burned or fired in a kiln. (Source: Uniform
Statewide Building Code § 2102.1)
BRICK, CONCRETE: A solid masonry unit having the approximate shape of a rectangular
prism and composed of inert aggregate pArticles embedded in a hardened cementitious matrix.
(Source: Uniform Statewide Building Code § 2102.1)
BRICK, HOLLOW: A masonry unit made of clay or shale whose net cross-sectional area in any
plane parallel to the loadbearing surface is less than seventy-five percent (75%) of its gross crosssectional area measured in the same plane. (Source: Uniform Statewide Building Code § 2102.1)
BUFFER: An area, fencing, landscaping, or a combination thereof which is used to separate one
use from another or to shield or block noise, lights, glare, pollutants or other potential or actual
nuisances.
BUFFER AREA: An area of natural or established vegetation managed to protect other
components of a Resource Protection Area and state waters from significant degradation due to
land disturbances.
BUFFERING CAPACITY: The capacity of a soil to take up contaminants through a variety of
attenuation processes such as biological activity, dilution, volatilization, mechanical filtration,
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precipitation, buffering, neutralization and ion exchange. Some attenuation processes result in
permanent removal and degradation of pollutants, which others act to store pollutants and by that
delay pollution problems but do not eliminate them. (Source: Virginia Administrative Code 9
VAC 20-50-40)
BUFFER MANAGEMENT PLAN: A prescribed course of action to be followed by the
developer of any site within the Resource Protection Area when disturbance to the 100-foot
buffer area is proposed. The plan should include a description of what is being proposed as well
as an explanation of why such action is necessary.
BUFFERYARD: A strip of land established to protect one type of land use from another land
use or to provide screening. Normally, a bufferyard is landscaped and developed in open space
areas.
BUILDABLE AREA: The portion of a lot which is within the envelope formed by the required
yards, excluding easements for streets or utilities and critical areas. See "Yard, Required."
BUILDING: A combination of any materials, whether portable or fixed, having a roof to form a
structure for the use or occupancy by persons, or property; however, farm buildings not used for
residential purposes and frequented generally by the owner, members of his family and farm
employees shall be exempt from the Ordinance, but such buildings lying within a flood plain or in
a mudslide-prone area shall be subject to flood proofing regulations or mudslide regulations, as
applicable. The word "building" shall be construed as though followed by the words "or part or
parts thereof" unless the context clearly requires a different meaning. For application of this
Ordinance, each portion of a building which is complying with Section 707.0 of the Uniform
Statewide Building Code shall be considered as a separate building. (Source: Uniform Statewide
Building Code, § 202.0)
BUILDING AREA: As defined in § 502.1 of the Virginia Uniform Statewide Building Code.
BUILDING, COMMUNITY: A public building designed or used for community activities of an
educational, recreational or public service nature.
BUILDING DESIGN CAPACITY: See "Occupant Load."
BUILDING ENVELOPE: The three dimensional space occupied by a building, including all
eaves, covered porches, breezeways and other portions of the building, but excluding attached
decorative walls which are less than or equal to three feet in height.
BUILDING FACADE: That exterior side of a building which faces, and is most nearly parallel
to, a public or private street.
BUILDING HEIGHT: See "Height, Building."
BUILDING LINE: The line established by law, beyond which a building shall not extend,
except as specifically provided by law. (Source: Uniform Statewide Building Code, § 202.0)
BUILDING LOT: A separately platted portion of private land, not including the specified
sidewalk area.
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BUILDING, MAIN OR PRINCIPAL: A building, or buildings, in which the dominant use of
the lot on which it is situated is conducted. In any residential district, any dwelling shall be
deemed to be the main building of the lot on which it is situated.
BUILDING MARKER: Any sign indicating the name of a building and date and incidental
information about its construction, which sign is cut into a masonry surface or made of bronze or
other permanent material.
BUILDING OFFICIAL: An employee of the City authorized to issue building permits and
certificates of occupancy and to generally assist in the administration of this Ordinance.
BUILDING PERMIT: An authorization to construct a structure as issued by the Department of
Planning and Community Development.
BUILDING SERVICE EQUIPMENT: The mechanical, electrical and elevator equipment
including piping, wiring, fixtures and other accessories, which provides sanitation, lighting,
heating, ventilation, fire protection and transportation facilities essential for the habitable
occupancy of the building or structure for its designated occupancy.
BUILDING SITE: The area occupied by a building or structure, including the yards and courts
required for light and ventilation, and such areas that are prescribed for access to the street.
(Source: Uniform Statewide Building Code, § 202.0)
BUILDING, TEMPORARY: A structure designed, built, created or occupied short and/or
intermittent periods of time, including tents, lunch wagons, dining cars, trailers and other roofed
structures on wheel or other supports used for residential business, mercantile, storage,
commercial, industrial, institutional, assembly, educational or recreational purposes. For the
purpose of this definition, "roof' shall include an awning or other similar covering whether or not
it is permanent in nature.
BULK: The size and shape of buildings, structures, and non-building uses; and the physical
relationship of their exterior walls or construction or their location to lot lines and other buildings
or structures or other walls or construction of the same building or structure; and all open spaces
required in connection with a building or structure. Bulk regulations include regulations dealing
with lot area, lot area per dwelling unit, lot frontage, lot width, building height, required yards,
courts, usable open space, the ratio of aggregate gross floor area to the area of the lot, spacing
between buildings on a single lot, and the length of buildings in a row.
BUSINESS OR TRADE SCHOOL: See "School, Business, Technical or Trade."
BUSINESS RESIDENCE: A single residential dwelling unit, accessory to, and located within, a
structure primarily devoted to business or commercial uses.
BUSINESS SERVICES: Establishments primarily engaged in rendering services to business
establishments on a fee or contract basis, such as advertising and mailing; building maintenance;
employment services; management and consulting services; protective services; office equipment
rental and leasing; commercial research; development and testing; photo finishing; and personal
supply services. (Source: H. Moskowitz & C Lindlboom, The New Illustrated Book of
Development Definitions (New Brunswick, N.J.: Rutgers, The State University of New Jersey,
1993).
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CALIPER: The diameter of a tree trunk measured six (6) inches [150 mm] above ground level
for nursery stock and 4 1/2 feet [1.5m] above ground level for all other trees.
CAMPGROUND: An area or tract of land on which accommodations for temporary occupancy
are located or may be placed, including cabins, tents, and major recreational equipment, and
which is primarily used for recreational purposes and is operated in accordance with all
applicable health department regulations for campgrounds.
The term "campground' also includes, but is not limited to, tourist camps, travel trailer camps,
recreation camps, family campgrounds, camping resorts, camping communities or any other area,
place, parcel or tract of land, by whatever name called, on which three or more campsites are
occupied or intended for occupancy, or facilities are established or maintained, wholly or in part,
for the accommodation of camping units for periods of overnight or longer, whether the use of the
campsites and/or facilities is granted gratuitously, by a rental fee, by lease, by conditional sale or
by covenants, restrictions and easements. This definition is not intended to include summer
camps, and migrant labor camps as defined in §§ 35.1-16 and 32.1-203 of the Code of Virginia or
its successor regulations, construction camps, permanent mobile home parks, or storage areas for
unoccupied camping units, or property upon which the individual owner may choose to camp and
not be prohibited or encumbered by covenants, restrictions and conditions from providing his
sanitary facilities within his property lines. (Source: Virginia Administrative Code 12 VAC 5450-10)
CANOPY: A canopy is an architectural projection that provides weather protection, identity or
decoration and is supported by the building to which it is attached and at the outer end by not less
than two stanchions. A canopy is comprised of a rigid structure over which a rigid covering is
attached. (Source: Uniform Statewide Building Code § 3105.2)
CANTILEVER: A horizontal projection from a building or structure, such as a step, balcony,
beam or canopy, that is without external bracing and appears to be self-supporting.
CAPACITY: The maximum demand that can be accommodated by a public facility without
exceeding the adopted level of service.
CAPITAL IMPROVEMENT: A public facility with a life expectancy of three or more years, to
be owned and operated by or on behalf of the City, a special district, or a private service provider.
CAPITAL IMPROVEMENT, PLANNED: A Capital Improvement designated for construction
within a period not to exceed ten (10) years in a Capital Improvements Program.
CAPITAL IMPROVEMENTS PROGRAM: A plan setting forth, by category of public
facilities, those capital improvements that are consistent with Code of Virginia, § 15.2-2239 or its
successor regulations and that portion of their costs which are attributable to serving new
development within designated service areas for such public facilities over a period of specified
years, and which show (1) the estimated date of the commencement of construction and (2) the
estimated date of project completion for the capital improvements. "Capital improvements
program" may refer either to the plan for a particular service area or to the aggregation of capital
improvements and the associated costs programmed for all service areas for a particular category
of public facilities.
CARNIVAL: See "Outdoor Event, Temporary."
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CARPORT: A roofed structure which may be attached or unattached to the principal structure
providing space for the storage of one (1) or more motor vehicles and enclosed on not more than
three (3) sides by walls.
CAR WASH: An establishment that provides washing and cleaning of passenger or recreational
vehicles by hand, by use of automated equipment operated by one (1) or more attendants, or by
self-service facilities.
CARRY-OUT FOOD SERVICE: A business whose principal purpose is the preparation and
sale of food or beverages for consumption off-site, such as delicatessens, ice cream stores and hot
dog stands, but shall not include liquor stores, restaurants, and drive-through commercial
establishments.
CARTWAY: That area of road surface from curb line to curb line or between the edges of the
paved or hard surface of the roadway, which may include travel lanes, parking lanes, and
deceleration or acceleration lanes.
CATERING: See "Commissary."
CELLAR: That portion of a building between floor and ceiling which is partly below and partly
above grade, but so located that the vertical distance from grade to floor below is greater than the
vertical distance from grade to ceiling.
CEMETERY: A parcel of land or structure dedicated to and at least a portion of which is being
used for the interment of human or animal remains. A cemetery may include crematories,
mausoleums, and columbaria.
CENTERLINE: The true centerline of a street right-of-way that has been fully dedicated to the
required width.
CENTERLINE OFFSET OF ADJACENT INTERSECTIONS: The gap between the
centerline of streets adjoining a common road from opposite or same sides.
CENTRAL WATER SYSTEM: A public or private water company formed to serve
development that includes water treatment and distribution facilities.
CERTIFICATE OF OCCUPANCY: A document issued by the City pursuant to the Virginia
Uniform Statewide Building Code and the Unified Development Ordinance permitting the
occupancy or use of a building.
CERTIFY: Whenever this Ordinance requires that an agency or official certify the existence of
some fact or circumstance, such certification may be made in any manner, oral or written, which
provides reasonable assurance of the accuracy of the certification.
CHANGE IN USE: A change from one principal use of a building or land to another principal
use of the building or land whether or not there is an increase in the size of the existing building
or extent of the use of the land.
CHANNEL: A natural or artificial low-lying area with definite bed and banks, which confines
and conducts continuous or periodic flows of water.
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CHESAPEAKE BAY PRESERVATION AREA: Any land designated by the City pursuant to
Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations
10.1-2107 or its successor regulations of the Chesapeake Bay Preservation Act. A Chesapeake
Bay Preservation Area shall consist of a Resource Protection Area and a Resource Management
Area. (Source: Virginia Administrative Code 9 VAC 15-20-10)
CHILD-CARING INSTITUTION: Any institution maintained for the purpose of receiving
children for full-time care, maintenance, protection and guidance separated from their parents or
guardians, except:
(1) A bona fide educational institution whose pupils, in the ordinary course of events,
return annually to the homes of their parents or guardians for not less than two (2)
months of summer vacation;
(2) An establishment required to be licensed as a summer camp by Title 35.1, Code of
Virginia; and
(3) A bona fide hospital legally maintained as such.
(Source: Code of Virginia, § 63.1-195; 22 VAC 15-30-10)
A. A child caring institution, as defined in Chapter 10 (§ 63.1-195 et seq.) of Title 63.1 of the
Code of Virginia, or its successor regulations, is any facility, other than an institution operated
by the State, a county, or city, and maintained for the purpose of receiving children for fulltime care, maintenance, protection, and guidance separated from their parents or guardians
except:
1. A bona fide educational institution (or boarding school) whose pupils, in the
ordinary course of events, return annually to the home of their parents or guardians
for not less than two months of summer vacation;
2. An establishment required to be licensed as a summer camp; and
3. A bona fide hospital legally maintained as such.
B. A group home is a child caring institution operated by an individual other than in his
private family home or by a corporation which does not exceed 12 children, including the
group parents' own children.
C. An independent foster home is a private individual foster home in which any child, other
than a child by birth or adoption of such person, resides as a member of the household and has
been placed therein independently of a child placing agency except (i) a home in which are
received only children related by birth or adoption of the person who maintains such home and
legitimate children of personal friends of such person and (ii) a home in which are received a
child or children committed under the provisions of subdivisions A 3, C 5 or E 9 of § 16.1-279
of the Code of Virginia or its successor regulations. Any facility caring for more than 12 such
children shall not be deemed an independent foster home. An independent foster home is
subject to a different set of standards.
(Source: Code of Virginia, Virginia Administrative Code)
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CHILD DAY CAMP: A child day center for school age children that operates during the
summer vacation months only. Four-year-old children who will be five (5) by September 30 of
that same year may be included in a camp for school age children. (Source: Virginia
Administrative Code 2 VAC § 15-30-10)
CHILD DAY CENTER: A child day program offered to (i) two (2) or more children under the
age of thirteen (13) in a facility that is not the residence of the provider or of any of the children
in care or (ii) thirteen or more children at any location. (Source: Code of Virginia, § 63.1-195 or
its successor regulations)
CHIMNEY: A primarily vertical enclosure containing one (1) or more passageways for
conveying flue gases to the outside atmosphere. (Source: Uniform Statewide Building Code §
2102.1)
CHIMNEY, CANTILEVERED: A chimney supported by a projecting beam or member
supported at only one end.
CHURCH: See "Places of Worship."
CIRCLE: A street forming a closed loop and generally designated by a name.
CIVIC BUILDING: A meeting place, either a building or a complex of buildings, used for
recreational, social education and cultural activities.
CLEANING OR PROCESSING ESTABLISHMENT: A business that primarily involves the
on-site cleaning, treatment, or chemical processing of goods or materials, or the storage of
chemicals, used in off-site cleaning, treatment, or processing. This includes, but is not limited to
carpet cleaners, dry-cleaning plants, or exterminating services and taxidermists.
CLEAR-CUTTING: The removal of more than twenty-five percent (25%) of the trees, shrubs,
or undergrowth from a site with the intention of preparing real property for nonagricultural
development purposes. This definition shall not include the selective removal of non-native tree
and shrub species when the soil is left relatively undisturbed, removal of dead trees or normal
mowing operations.
CLOSURE: The act of securing a hazardous waste management facility pursuant to the
requirements of Virginia Hazardous Waste Management Regulations promulgated by the Virginia
Board of Health. (Source: Virginia Administrative Code 9 VAC 20-50-40)
CLUSTER DEVELOPMENT: A form of residential development that concentrates dwellings
in a specified area with a corresponding reduction in lot area and dimension requirements in order
to allow the remaining land area to be devoted to perpetual common open space which may be
used for recreation, both active and passive, and the preservation of environmentally sensitive
areas. See Section 31-411(d) of this Ordinance.
CO-LOCATION or CO-LOCATED: A telecommunication facility comprised of a single
telecommunication tower or building supporting one or more antennas, dishes, or similar devices
owned or used by more than one public or private entity.
COLLECTOR STREET: Streets accessing neighborhoods and routes serving intra-city rather
than intra-state travel. A minor amount of through traffic may be carried by a collector street, but
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the system primarily carries local traffic. Average trip lengths and travel speeds are less than for
arterial routes. A collector street includes any street classified as a major collector; estate, rural or
suburban type, a collector; or an urban collector pursuant to the options found in Appendix D of
this Ordinance.
COLONNADE: A roof or building structure, extending over the sidewalk, open to the street and
sidewalk except for supporting columns or piers.
COLLEGE or UNIVERSITY: An institution providing full-time or part-time education beyond
the high school level, including any lodging rooms or housing for students or faculty.
COMMERCIAL PARKING LOT: See "Parking Lot."
COMMERCIAL STABLE: See "Stable, Commercial."
COMMERCIAL USES: Retail business and service establishment, professional and
governmental offices, and developed recreational uses.
COMMERCIAL VEHICLE: See "Vehicle, Commercial."
COMMERCIAL WASTE: All solid waste generated by establishments engaged in business
operations other than manufacturing or construction. This category includes, but is not limited to,
solid waste resulting from the operation of stores, markets, office buildings, restaurants and
shopping centers. (Source: Virginia Administrative Code 9 VAC 20-80-10)
COMMISSION: The Planning Commission of the City of Suffolk.
COMMISSARY: A catering establishment, restaurant, or any other place in which food, food
containers or supplies are kept, handled, prepared, packaged or stored for distribution to satellite
operations. (Source: Virginia Administrative Code 12 VAC 5-420-10)
COMMISSION: The Planning Commission of the City of Suffolk.
COMMITTED DEVELOPMENT: For purposes of the adequate public facilities standards,
committed development includes: development with final plats, final site plan approval, and
building permits.
COMMON OWNERSHIP: Ownership by the same person, corporation, firm, entity,
partnership, or unincorporated association; or ownership by different corporations, firms,
partnerships, entities, or unincorporated associations, in which a stock owner, partner, or
associate, or a member of his family owns an interest in each corporation, firm, partnership,
entity, or unincorporated association.
COMMUNICATION TOWER: Accessory antennae or dishes, which may be free-standing or
building mounted structures, intended for airway communication purposes.
COMMUNITY WATER SYSTEM: A waterworks which serves at least fifteen (15) service
connections used by year-round residents or regularly serves at least twenty-five (25) year-round
residents. (Source: Virginia Administrative Code 9 VAC 20-50-40)
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COMPLETE DEVELOPMENT (LAND): The utilization of the available areas in a manner as
to realize its highest density for the best potential use based on current zoning, pending rezoning,
the adopted comprehensive plan of the governing body, or the customary use of similar parcels of
land. (Source: Virginia Administrative Code 24 VAC § 30-90-10)
COMPLETE DEVELOPMENT (STREETS): The development of a subdivision street in full
compliance with all applicable provisions of these regulations. (Source: Virginia Administrative
Code 24 VAC § 30-90-10)
COMPOSITE LINER SYSTEM: A system designed and constructed to meet the requirements
of 9 VAC 20-80-250.B.9 or its successor regulations (Source: Virginia Administrative Code 9
VAC 20-80-10)
COMPOST: A stabilized organic product produced by a controlled aerobic decomposition
process in such a manner that the product can be handled, stored, and/or applied to the land
without adversely affecting public health or the environment. Composted sludge shall be as
defined by the Virginia Sewerage Regulations. (Source: Virginia Administrative Code 9 VAC
20-80-10)
COMPOSTING: The manipulation of the natural aerobic process of decomposition of organic
materials to increase the rate of decomposition. (Source: Code of Virginia, § 10.1-1400 or its
successor regulations)
COMPREHENSIVE PLAN: The 2026 Comprehensive Plan , consisting of four volumes
adopted on March 25, 1998, and including Volume One: The Plan; Volume Two: Appendices,
Book A: Existing Conditions Inventory; Book B: Profiles and Issues, a Profile of Current
Conditions and Trends, Chesapeake Bay Preservation Area Amendment, City of Suffolk Data
Package-a Component of the HRPDC Regional Shoreline Study, and The City of Suffolk's
Visioning Workshops; and Book C: Coordinating Land Use and Transportation in Suffolk, Fiscal
Impact Analysis, Downtown Suffolk Initiatives Plan Executive Summary, Fiscal and
Transportation Testing Results, Comprehensive Plan Summary Recommendations.
CONCENTRATED ANIMAL FEEDING OPERATION:
(1) An animal feeding operation at which more than the number of animals specified in
any of the following categories are confined:
a. One thousand (1,000) slaughter and feeder cattle;
b. Seven hundred (700) mature dairy cattle (whether milked or dry cows);
c. Two thousand five hundred (2,500) swine each weighing over twenty-five (25)
kilograms (approximately fifty-five (55) pounds);
d. Five hundred (500) horses;
e. Ten thousand (10,000) sheep or lambs;
f.
Fifty-five thousand (55,000) turkeys;
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g. One hundred thousand (100,000) laying hens or broilers (if the facility has
continuous overflow watering);
h. Thirty thousand (30,000) laying hens or broilers (if the facility has a liquid
manure system);
i.
Five thousand (5,000) ducks; or
j.
One thousand (1,000) animal units.
(2) More than the following number and types of animals are confined:
a. Three hundred (300) slaughter or feeder cattle;
b. Two hundred (200) mature dairy cattle (whether milked or dry cows);
c. Seven hundred fifty (750) swine each weighing over twenty-five (25) kilograms
(approximately fifty-five (55) pounds);
d. One hundred fifty (150) horses;
e. Three thousand (3,000) sheep or lambs;
f.
Sixteen thousand five hundred (16,500) turkeys;
g. Thirty thousand (30,000) laying hens or broilers (if the facility has continuous
overflow watering);
h. Nine thousand (9,000) laying hens or broilers (if the facility has a liquid manure
handling system);
i.
One thousand five hundred (1,500) ducks; or
j.
Three hundred (300) animal units; and either one of the following conditions are
met: pollutants are discharged into navigable waters through a manmade ditch,
flushing system or other similar manmade device; or pollutants are discharged
directly into surface waters which originate outside of and pass over, across, or
through the facility or otherwise come into direct contact with the animals
confined in the operation.
(Source: Virginia Administrative Code 9 VAC 25-31-10)
CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITY: A hatchery, fish
farm, or other facility which meets the criteria of this definition, or which the Board designates
under 9 VAC 25-31-140. A hatchery, fish farm, or other facility is a concentrated aquatic animal
production facility if it contains, grows, or holds aquatic animals in either of the following
categories:
(1) Cold water fish species or other cold water aquatic animals in ponds, raceways, or
other similar structures which discharge at least thirty (30) days per year but does not
include:
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a. Facilities which produce less than nine thousand ninety (9,090) harvest weight
kilograms (approximately twenty thousand (20,000) pounds) of aquatic animals
per year; and
b. Facilities which feed less than two thousand two hundred sevent-two (2,272)
kilograms (approximately five thousand (5,000) pounds) of food during the
calendar month of maximum feeding; or
(2) Warm water fish species or other warm water aquatic animals in ponds, raceways, or
other similar structures which discharge at least thirty (30) days per year, but does not
include:
a. Closed ponds which discharge only during periods of excess run-off; or
b. Facilities which produce less than forty-five thousand four hundred fifty-four
(45,454) harvest weight kilograms (approximately one hundred thousand
(100,000) pounds) of aquatic animals per year.
"Cold water aquatic animals" include, but are not limited to, the Salmonidae family of fish; e.g.,
trout and salmon.
"Warm water aquatic animals" include, but are not limited to, the Ictaluridae, Centrarchidae and
Cyprinidae families of fish; e.g., respectively, catfish, sunfish and minnows.
(Source: Virginia Administrative Code)
9 VAC 25-31-10)
CONCENTRATED CONFINED ANIMAL FEEDING OPERATION: An animal feeding
operation at which:
(1) At least the following number and types of animals are confined:
a. Three hundred (300) slaughter and feeder cattle;
b. Two hundred (200) mature dairy cattle (whether milked or dry cows);
c. Seven hundred fifty (750) swine each weighing over twenty-five (25) kilograms
(approximately fifty-five (55) pounds);
d. One hundred fifty (150) horses;
e. Three thousand (3,000) sheep or lambs;
f.
Sixteen thousand five hundred (16,500) turkeys;
g. Thirty thousand (30,000) laying hens or broilers; or
h. Three hundred (300) animal units; and
(2) Treatment works are required to store wastewater, or otherwise prevent a point
source discharge of wastewater pollutants to state waters from the animal feeding
operation except in the case of a storm event greater than the 25-year, 24-hour storm.
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(Source: Virginia Administrative Code 9 VAC 25-32-10)
CONCESSION STAND, INFORMATION BOOTH, DISPLAY BOOTH: A temporary
structure established as an accessory use to a special event or celebration and from which items
are sold or displayed.
CONCEPT MAP: The Section of the Comprehensive Plan which designates the proposed future
general distribution, location, and extent of the uses of land for residential uses, commercial uses,
industry, agriculture, recreation, conservation, education, public buildings and grounds, other
public facilities, and other categories of the public and private uses of land. For purposes of this
Ordinance, the Concept Map means and refers to the Concept Map for the 2026 Comprehensive
Plan.
CONCEPT PLAN: A generalized plan indicating the boundaries of a tract or tracts under
common ownership, and identifying proposed land use, land use intensity and thoroughfare
alignment.
CONDITIONAL USE: A use that is not permitted in a particular zoning district except by a
conditional use permit granted in accordance with the provisions established by this Ordinance.
CONDITIONAL USE PERMIT: A permit which may be authorized by the decision maker for
those uses identified as conditional uses by this Ordinance.
CONDOMINIUM: A building or group of buildings in which units are owned individually and
the structure, common areas and facilities are owned by all the owners on a proportional,
undivided basis and which has been created by the recordation of condominium instruments
pursuant to the provisions of chapter 4.2 of title 55, Code of Virginia or its successor regulations.
CONDOMINIUM ASSOCIATION: The community association which administers and
maintains the common property and common elements of a condominium.
CONFERENCE AND BANQUET FACILITIES: See "Places of Public Assembly, Indoors."
CONFINED COMPOSTING SYSTEM: A composting process that takes place inside an
enclosed container. (Source: Virginia Administrative Code 9 VAC 20-80-10)
CONSENT AGREEMENT: Means and refers to a regulatory document containing specific
conditions of development approval designed to implement the policies and criteria contained in
the land development regulations and, where the denial or deferral of development approval is
disputed by the applicant, to effectuate the public policy favoring the settlement of disputes,
which document contains an integrated development scheme for a particular phase or phases of
development approval, and contains maps, diagrams and other appropriate materials showing
future conditions consistent with the provisions of Section 31-804 herein.
CONSERVATION EASEMENT: As defined in Code of Virginia, § 10.1-009 as may be
amended from time to time.
CONSISTENT: An amendment to this Ordinance, or a development order or development
permit, shall be deemed "consistent" with the Comprehensive Plan only if the land uses, densities
or intensities, and other aspects of development permitted by such order or regulation are
compatible with and further the policies, land uses, and densities or intensities set forth in the
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Comprehensive Plan and if it meets all other criteria enumerated in the Comprehensive Plan. The
term "compatible with" means that the Code amendment, development order or development
permit is not in conflict with the Comprehensive Plan. The term "furthers" means to take action in
the direction of realizing the goals, objectives and policies of the Comprehensive Plan.
CONSTRUCTION/DEMOLITION/DEBRIS LANDFILL: A land burial facility engineered,
constructed and operated to contain and isolate construction waste, demolition waste, debris
waste, inert waste, or combinations of the above solid wastes. (Source: Virginia Administrative
Code 9 VAC 20-80-10)
CONSTRUCTION FOOTPRINT: The area of impervious surface including, but not limited to,
buildings, roads and drives, parking areas, sidewalks and the area necessary for the construction
of such improvements. In addition, the construction footprint shall include the area required for
necessary landscaping of the site.
CONSTRUCTION PLAN: The maps or drawings accompanying a subdivision plat or site plan
and showing the specific location and design of improvements to be installed in the subdivision in
accordance with the requirements of the City Council as a condition of the approval of the plat.
CONSTRUCTION WASTE: Solid waste which is produced or generated during construction,
remodeling, or repair of pavements, houses, commercial buildings, and other structures.
Construction wastes include, but are not limited to lumber, wire, sheetrock, broken brick,
shingles, glass, pipes, concrete, paving materials, and metal and plastics if the metal or plastics
are a part of the materials of construction or empty containers for such materials. Paints, coatings,
solvents, asbestos, any liquid, compressed gases or semi-liquids and garbage are not construction
wastes. (Source: Virginia Administrative Code 9 VAC 20-80-10)
CONTAINER DEPOT, SHIPPING: An operation for the temporary storage of empty or dry
shipping containers conducted as the principal use of the property.
CONTAINERS, SHIPPING: A portable, weather-resistant receptacle designed for and used in
multi-modal shipment of goods, wares or merchandise. Receptacles originally designed for the
transport of goods but not currently used for such purposes. Shipping containers shall have a
measurement designation of at least one TEU (20-foot equivalent unit).
CONTAMINATE AN AQUIFER: To introduce a substance that causes the maximum
contaminant level for nitrate in the Virginia Water Quality Standards or in 40 CFR 141.11 to be
exceeded in groundwater or that causes the existing concentration of nitrate in groundwater to
increase when the existing concentration of nitrate in the groundwater exceeds the maximum
contaminant level for nitrate in the Virginia Water Quality Standards or 40 CFR 141.11. (Source:
Virginia Administrative Code 9 VAC 25-31-500)
CONTAMINATED SOIL: For the purposes of this Ordinance, a soil that, as a result of a release
or human usage, has absorbed or adsorbed physical, chemical, or radiological substances at
concentrations above those consistent with nearby undisturbed soil or natural earth materials.
(Source: Virginia Administrative Code 9 VAC 20-80-10)
CONTIGUOUS: Bordering or adjoining, meeting or joining at the border or surface. Contiguous
property is property which either adjoins another piece of property or is separated by a public
street or highway included in the City of Suffolk road system.
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CONTRACTOR: Any person, firm, association, or corporation that for a fixed price,
commission, fee or percentage undertakes to bid upon, or accepts, or offers to accept, orders or
contracts for performing or superintending in whole or in part, the construction, removal, repair
or improvement of any building or structure permanently annexed to real property owned,
controlled or leased by another person, or any other improvements to such real property including
but not limited to clearing, grading or excavation.
CONTRACTORS SHOPS: Facilities and areas which are customarily used by contractors for
storage of supplies, materials or equipment, fabrication, assembly or repair of materials or
equipment, or places for vehicular and equipment storage.
CONVALESCENT HOME: See "Nursing Home."
CONVENIENCE RETAIL CENTER: A neighborhood oriented shopping center or
freestanding enterprise designed to serve patrons on a short term drop-in-basis, typically
containing, but not limited to, a small food and sundries store, drug store, carry-out food service,
hairdresser, or barber, or dry cleaning pick-up store. Liquor sales and gasoline sales are expressly
prohibited.
CONVENIENCE STORAGE FACILITY: A storage service, located within an enclosed
structure, primarily for personal effects and household goods having individual access, but
excluding use as workshops, hobby shops, manufacturing, or commercial activities. Typical
convenience storage uses include mini-warehousing.
CONVENIENCE STORE: A store offering for sale a limited selection and quantity of groceries
and other Articles normally found in grocery stores, and which may also offer delicatessen or
fast-food items, and whose business is mostly dependent on quick stops by its customers. A
convenience store operation may also include self-service gasoline sales when in accordance with
all applicable requirements of this Ordinance. Convenience stores in the agricultural zoning
district may include self service gasoline sales as an accessory use.
CONVENTIONAL SUBDIVISION: The subdivision of a lot in accordance with both the lot
size and dimensional standards specified for a "conventional subdivision" for the district in which
it is located and the Subdivision Ordinance (Article 5 of this Ordinance), other than a Hamlet
Option, Cluster Option or TND Option use pattern as defined in Section 31-411 of this
Ordinance.
CONVEY: To transfer all or a part of a title or equitable interest in land; to lease or assign an
interest in land; or to transfer any other land interest.
CORNER CLEARANCE: The distance from an intersection of a public or private road to the
nearest access connection, measured from the closest edge of the pavement of the intersecting
road to the closest edge of the pavement of the connection along the traveled way.
CORNICE LINE: A molded and projecting horizontal member that crowns an architectural
composition.
COUNSELING CENTER: A facility where individuals or small groups are provided
professional counseling assistance with personal, emotional, marital, medical, or similar problems
on an out-patient basis.
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COURT (OR PLAZA): See Uniform Statewide Building Code, § 1202.1.
COURT OR COURTYARD: An open, uncovered and unoccupied space on the same lot as a
building where such space is enclosed wholly or partly by buildings, walls or other enclosing
devices. (Source: Uniform Statewide Building Code § 1202.1)
COURT, HEIGHT: The vertical distance from the lowest level of the court to the mean height
of the top of the enclosing walls. (Source: Uniform Statewide Building Code § 1202.1)
COURT, INNER: Any court enclosed wholly by buildings, walls or other enclosing devices.
(Source: Uniform Statewide Building Code § 1202.1)
COURT, OUTER: A court extending to and opening upon a street, public alley or other
approved open space that is not less than fifteen (15) feet (4,572 mm) wide, or upon a required
yard. (Source: Uniform Statewide Building Code § 1202.1)
COURT, WIDTH: As applied to an inner court, means the least horizontal dimension. As
applied to an outer court, means the shortest horizontal dimension measured in a direction
substantially parallel with the principal open end of such court. (Source: Uniform Statewide
Building Code § 1202.1)
COURTYARD: An open area, unobstructed from the ground to sky, that is bounded on at least
three sides by the exterior walls of one or more buildings.
COVER: Soil or other material used to cover sewage sludge placed on an active sewage sludge
unit. (Source: Virginia Administrative Code 9 VAC 25-31-500)
COVER CROP: A small grain crop, such as oats, wheat, or barley, not grown for harvest.
(Source: Virginia Administrative Code 9 VAC 25-31-500)
CREMATORYOR CREMATORIUM: A facility containing a furnace for cremation of dead
human bodies. (Source: Virginia Administrative Code 12 VAC 5-470-10)
CREST OF HILL: The highest point on a hill or slope as measured contiguously throughout the
property. Any given property may have more than one hill crest.
CRITICAL AREAS: Any lot, parcel or property, or portion thereof, located within the Resource
Protection Area of the Chesapeake Bay Preservation Overlay District (Section 31-415), the Flood
Plain District (Section 31-416), or the Wetlands District (Section 31-418) or non-tidal wetlands or
any areas permanently inundated (such as lakes, ponds, streams and rivers).
CRITICAL ZONE (AIRPORT): A rectangular-shaped zone located directly off the end of a
runway's primary surface, beginning two hundred (200) feet from the end of the pavement, which
is critical to aircraft operations in that it is more apt to have accidents within it because of the
take-off and landing mode of aircraft in that particular area.
CROP: A living or once-living plant or part of it which is or could be harvested for value. The
term includes, but is not limited to, conventional farm crops, hay, pasture, nursery and forest
crops. Permanent turf and landscapings are not crops. (Source: Virginia Administrative Code 9
VAC 25-200-10)
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CROSS ACCESS: A service drive providing vehicular access between two (2) or more
contiguous sites so the driver need not enter the public street system.
CROSSWALK: A public right-of-way used primarily for pedestrians' travel through or across
any portion of a block.
CUL-DE-SAC/DEAD END STREET: A street or system of streets having only one (1) end
open to traffic.
CURB FACE: The vertical or shaped portion of a curb, facing the roadway, and designed to
direct storm waters.
CURRENTLY AVAILABLE REVENUE SOURCES: An existing source or amount of
revenue presently available to the City that may be allocated towards capital expenses and which
has been budgeted for the capital disbursements or debt service account applicable to a Planned
Capital Improvement. The phrase "currently available revenue source" shall not refer to a mere
intent to increase the future level or amount of a revenue source, nor to a revenue source which is
contingent on ratification by a public referendum.
CUSTOM MANUFACTURING: An establishment primarily engaged in the on-site production
of goods by hand manufacturing that involves only the use of hand tools or domestic mechanical
equipment not exceeding two (2) horsepower or a single kiln not exceeding eight (8) kilowatts,
and the incidental direct sale to customers of goods produced on the site. Typical custom
manufacturing uses include ceramic studios and custom jewelry manufacturing.
CUT: A portion of the land surface or area from which earth has been or will be removed by
excavation.
CUTOFF: The point at which all light emitted from a source or fixture is eliminated at a specific
angle above ground level.
CUTOFF ANGLE: The angle formed by a line drawn from the direction of light rays at the light
source and a line perpendicular to the ground from the light source, above which no light is
emitted.
CUTOFF FIXTURE: A fixture with elements such as shields, reflectors, or reflector panels
which direct and cutoff the light at an angle that is less than ninety (90) degrees. Typically this
type of fixture conceals the light source, thus reducing glare and spill over of light.
CUTTINGS: Fragments of rock produced in a well bore by a drill bit and brought to the surface
by drilling fluids or air pressure. (Source: Virginia Administrative Code 9 VAC 15-20-10)
DAIRY FACILITY: See "Livestock Facility."
DAIRY OPERATOR: See "Operator."
DAM: An embankment or structure intended or used to impound, retain, or store water, either as
a permanent pond or as a temporary storage facility. (Source: 24 VAC § 30-90-10)
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DAY-NIGHT AVERAGE SOUND LEVEL (LDN): A 24-hour energy average sound level
expressed in DBA, with a ten decibel penalty applied to noise occurring between 10 p.m. and 7
a.m. (Source: Uniform Statewide Building Code § 1202.1)
DECISION MAKER: The agency, official, agent or employee with authority to render a final
determination as to approval or denial of an application for development approval, as set forth in
Section 31-301(b) of this Ordinance.
DECK: An exterior floor supported on at least two (2) opposing sides by an adjacent structure,
posts, piers or other independent supports. (Source: Uniform Statewide Building Code § 1602.1)
DELICATESSEN: A store where ready to eat products such as cooked meats, prepared salads,
etc. are sold for off-premises consumption. (Source: Virginia Administrative Code 12 VAC 5420-10)
DENSITY: The number of dwellings per unit of land.
(1) Gross density. Gross density is calculated by including all the land within the
boundaries of a particular tract, parcel or area.
(2) Net density. Net density is calculated by excluding certain areas such as streets,
easements, water areas, critical areas, parks, open space or agricultural land protected
by a conservation easement.
DENSITY BONUS: Dwelling units or non-residential square footage permitted in addition to the
permitted density or intensity within a zoning district, computed in accordance with Section 31409 of this Ordinance.
DENSITY CREDIT: The potential for the improvement or subdivision of part or all of a parcel
of real property, as permitted under the terms of this Ordinance, expressed in dwelling unit
equivalents or other measures of development density or intensity or a fraction or multiple of that
potential that may be transferred to other portions of the same parcel or to contiguous land that is
part of a common development plan.
DENSITY, NET: See "Density."
DEPARTMENT: The City of Suffolk Department of Planning and Community Development.
DEPARTMENT OF ENVIRONMENTAL QUALITY: The Department of Environmental
Quality as described in § 10.1-1182 et seq. of the Code of Virginia. (Source: 9 VAC 15-20-10)
DEPARTMENT OF MINES, MINERALS AND ENERGY (DMME): The Department of
Mines, Minerals and Energy as described in Section 45.1-1.1 et seq. of the Code of Virginia.
(Source: 9 VAC 15-20-10)
DESIGN CAPACITY: The maximum occupancy load of a building as defined by the Uniform
Building Code (1994).
DESIGN HOUR: The peak traffic situation on a given street or at a given intersection expected
to occur within a one-hour period during a typical day in the year a development is scheduled to
be completely developed.
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DESIGN SPEED: A speed selected for purposes of design and correlation of those features of a
street such as curvature, super elevation, and sight distance, upon which the safe operation of
vehicles is dependent. (Source: Virginia Administrative Code 24 VAC § 30-90-10)
DESIGN STANDARDS: See Section 31-602 of this Ordinance.
DESIGN YEAR: The year in which a development project is anticipated to be completely
constructed and occupied, or twenty (20) years from initial development, whichever shall be later.
DESTRUCTION or ADVERSE MODIFICATION: A direct or indirect alteration of critical
habitat which appreciably diminishes the likelihood of the survival and recovery of threatened or
endangered species using that habitat. (Source: Virginia Administrative Code 9 VAC 20-80-180)
DETENTION BASIN: A manmade or natural water impoundment designed to collect surface
and subsurface water in order to impede its flow and to release it gradually, at a rate not greater
than that existing prior to the development of the property, into natural or manmade outlets or
channels. Also referred to as a "dry pond."
DEVELOPER: The legal or beneficial owner or owners of a lot or of any land included in an
application for development approval including the holder of an option or contract to purchase, or
other persons having an enforceable proprietary interest in such land. The term "developer" also
includes an individual, corporation or registered partnership engaged in the subdivision of land.
(Source: Virginia Administrative Code 24 VAC § 30-90-10)
DEVELOPMENT OR DEVELOPMENT ACTIVITY:

Any subdivision.

Any construction, reconstruction, conversion, structural alteration, relocation, or
enlargement of any structure; any mining, excavation, landfill, or land disturbance.

Any use or extension of the use of land.
"Development" includes any of the following activities:

Change in use.

Any construction, clearing, filling, excavating, grading, paving, dredging, mining,
drilling or otherwise significantly disturbing the soil of a site.

Any building, installing, enlarging, replacing or substantial restoration of a structure,
impervious surface, or central water system and including the long-term storage of
materials.

Any activity increasing the need for parking.

Any construction, elimination or alteration of a driveway onto a public street.
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DEVELOPMENT APPLICATION: Any request for approval, permission or other action made
pursuant to the provisions of this Ordinance.
DEVELOPMENT ORDER: Any action granting, denying or granting with conditions, an
application for development approval.
DEVELOPMENT PARCEL: Any quantity of land capable of being described with such
definiteness that its location and boundaries may be established, which is designated by its owner
or developer as land to be used or developed as a unit or which has been used or developed as a
unit.
DEVELOPMENT PERMIT: Any zoning clearance; building permit; fence permit; home
occupation permit; sign permit; temporary use permit; telecommunications permit; certificate of
occupancy; conditional use permit; preliminary subdivision plat; final subdivision plat or other
plat approval; preliminary site plan; final site plan; rezoning (change of zone); Comprehensive
Plan amendment; specific plan; or any other official action of the City or any other state or local
government commission, board, agency, department or official having the effect of permitting
development of land located within the geographic area subject to the provisions of this
Ordinance.
DEVELOPMENT REVIEW: For purposes of the Chesapeake Bay Protection Overlay District,
a process for site plan review designed to ensure compliance with subsection 10.1-2109 or its
successor regulations of the Chesapeake Bay Preservation Act and the Chesapeake Bay
Preservation Area Designation and Management Regulations prior to the approval of any plan for
development or redevelopment.
DEVELOPMENT RIGHT: The potential for the improvement of a parcel of real property,
measured in dwelling units for residential uses or equivalent dwelling units for non-residential
uses, which exists because of the zoning classification of the parcel.
DEVELOPMENTALLY DISABLED: A person who has Structural or functional
abnormalities present at birth that cause physical or mental disability including but not
limited to autism, cerebral palsy, epilepsy or mental retardation. (Source: National Institutes of
Health)
DIRECTIONAL MEDIAN OPENING: An opening in a restrictive median which provides for
specific movements and physically restricts other movements. Directional median openings for
two opposing left or "U-turn" movements along a road segment are considered one directional
median opening.
DIRECTOR: The Director of Planning and Community Development of the City or his or her
designee.
DISCHARGE: Any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
(Source: Virginia Administrative Code 9 VAC 25-130-10)
DISCRETE IMPULSES: A ground transmitted vibration stemming from a source where
specific impulses do not exceed sixty (60) per minute or one (1) per second.
DISPOSAL: The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid
waste into or on any land or water so that such solid waste or any constituent thereof may enter
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the environment or be emitted into the air or discharged into any waters, including ground waters.
(Source: Code of Virginia, § 10.1-400 or it successor regulations)
DISPOSITION: A transfer of all or part of a title or equitable interest in land; a lease or an
assignment of an interest in land; or any other transfer or conveyance of an interest in land.
DOMESTIC SEPTAGE: Either liquid or solid material removed from a septic tank, cesspool,
portable toilet, Type III marine sanitation device, or similar treatment works that receives only
domestic sewage. Domestic septage does not include liquid or solid material removed from a
septic tank, cesspool, or similar treatment works that receives either commercial wastewater or
industrial wastewater and does not include grease removed from a grease trap at a restaurant.
(Source: Virginia Administrative Code 9 VAC 25-31-500)
DOMESTIC SEWAGE: Waste and wastewater from humans or household operations that is
discharged to or otherwise enters a treatment works. (Source: Virginia Administrative Code 9
VAC 25-31-500)
DORMITORY: A space in a building where group sleeping accommodations are provided in
one room, or in a series of closely associated rooms, for persons not members of the same family
group. (Source: Uniform Statewide Building Code § 310.1)
DRAINAGE: The removal of surface water or groundwater from land by drains, ditches, piping,
grading, or other means.
DRAINAGE FACILITY: Any component of a drainage system.
DRAINAGE STRUCTURE: Any manmade component of a drainage system
.
DRAINAGE SYSTEM: A system through which water flows from land, including all drainage
structures, drainage facilities, watercourses, water bodies and wetlands.
DRILLING FLUID: Any fluid or drilling mud circulated in the well bore during drilling
operations. (Source: 9 VAC 15-20-10)
DRIVE: A curvilinear street of more than one thousand (1,000) feet in length and generally
designated by a name.
DRIVE-THROUGH USES: An establishment which by design, physical facilities, service, or
by method of sale encourages or permits customers to receive services, obtain goods, or be
entertained while remaining in their motor vehicles. The term "drive-through uses" also includes
automated tellers, banks, cleaners, pharmacies, fuel and restaurants; fuel sales; vehicle sales; auto
mechanical repair; car wash; gasoline service station; and quick lubrication.
DRIVEWAY: A private, vehicular access connecting a house, carport, parking area, garage, or
other buildings with the street.
DRIVEWAY, PRIMARY: The driveway, which by virtue of its width and location, carries the
majority of ingress and egress vehicular trips between a parking lot or structure, and the frontage
street which is not a local residential street.
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DRUGSTORE: A pharmacy where the sale of non-drug, non-proprietary medications and other
non-pharmaceutical items constitutes a portion of the retail business.
DUPLEX: See "Dwelling, Duplex."
DUST-FREE: Property that is paved in one of the following methods: (1) asphaltic concrete, (2)
cement concrete, (3) penetration treatment of bituminous material and a seal coat of bituminous
binder and a mineral aggregate or (4) the equivalent of the above.
DWELLING: A single unit providing complete, independent living facilities for one (1) family,
including permanent provisions for living, sleeping, eating, cooking and sanitation. (Source:
Uniform Statewide Building Code § 310.1) See also, "Dwelling Unit."
DWELLING, ACCESSORY: A separate and complete housekeeping unit which provides
complete living sleeping, sanitation, and cooking facilities, which is detached from and located
outside of a primary residence but is clearly secondary to a primary single-family dwelling
located on the same lot.
DWELLING, APARTMENT BUILDING: A building for residential occupancy containing
three (3) or more than two (2) dwelling units which may be rented or occupied by the owner.
(Source: 24 VAC § 30-90-10)
DWELLING, ATTACHED: Includes any duplex dwelling, multi-family dwelling, multiplefamily dwelling, multiple single-family dwelling, quadruplex dwelling, single-family attached
dwelling, single-family semi-detached dwelling, townhouse dwelling, triplex dwelling or twofamily dwelling. A dwelling unit that is attached to other dwelling units(s) by common vertical
walls.
DWELLING, DUPLEX: A dwelling, single-family attached, consisting of two (2) dwelling
units separated from each other by a fire resistant wall and designed so that each unit may be
sold in fee simple.
DWELLING, DUPLEX OR SEMI-DETACHED
DWELLING, MIXED USE: A dwelling located above the ground floor of an institutional,
civic, office, commercial or retail use.
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DWELLING, MODULAR (OR "MODULAR HOME"): A type of single-family detached
dwelling unit which is constructed in units which are movable, but not designed for regular
transportation on highways, and which are designed to be constructed on and supported by a
permanent foundation and not by a chassis permanently attached to the structure and which meet
the requirements of the Virginia Uniform Statewide Building Code.
DWELLING, MULTI-FAMILY or MULTIPLE-FAMILY: Any multi-family or multiple
single-family dwelling. A building or buildings on a lot containing three or more dwelling
units, including units that are located over the other and not meeting the requirements for a
multiple single-family dwelling.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof on a lot containing more
than two dwelling units and not meeting the requirements for a multiple single-family dwelling.
(Source: Uniform Statewide Building Code § 310.1)
DWELLING, MULTIPLE SINGLE-FAMILY: A building or portion thereof on a lot thereof
containing three (3) or more than two (2) dwelling units. This definition also includes multiple
detached single-family dwellings on a lot where permitted by this Ordinance. (Source: Uniform
Statewide Building Code § 310.1)
DWELLING, ONE-FAMILY: A building containing one (1) dwelling unit with not more than
five (5) lodgers or boarders. (Source: Uniform Statewide Building Code § 310.1)
DWELLING, PATIO HOME: A one-family dwelling on a separate lot with open space
setbacks on three sides and with a court.
DWELLING, QUADRUPLEX: Four attached dwellings in one building in which each unit has
two open space exposures and shares one or two walls with adjoining unit or units.
DWELLING, SINGLE-FAMILY ATTACHED: A one-family dwelling attached to another
one-family dwelling, where each unit has a separate means of egress and is separated by an twohour approved fire separation assembly (as defined in § 709.0 of the Source: Uniform Statewide
Building Code).
DWELLING, SINGLE-FAMILY DETACHED: A one-family dwelling which is surrounded
on all sides by yards or other open space located on the same lot and which is not attached to any
other dwelling by any means.
DWELLING, SINGLE-FAMILY SEMI-DETACHED: A one-family dwelling attached to one
other one-family dwelling by a common vertical wall, with each dwelling located on a separate
lot. See Dwelling, Duplex.
DWELLING, TOWNHOUSE: A one-family dwelling in a row of at least three (3) such units in
which each unit has its own front and rear access to the outside, no unit is located over another
unit, and each unit is separated from any other unit by one (1) or more vertical common fireresistant walls.
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DWELLING, TOWNHOUSE
DWELLING, TRIPLEX: A multi-family dwelling containing three (3) dwelling units, each of
which has direct access to the outside or to a common hall or outside common area. In addition,
triplex dwellings may be designed so that each unit may be sold in fee simple or in the form of
condominium ownership.
DWELLING, TRIPLEX
DWELLING, TWO-FAMILY: A building on a lot containing two (2) dwelling units with not
more than five lodgers or boarders per family. (Source: Uniform Statewide Building Code §
310.2) The term also includes duplexes, single-family semi-detached dwellings and single-family
attached dwellings with two dwelling units.
DWELLING UNIT: A structure or part of a structure containing sleeping, kitchen, and
bathroom facilities that is suitable for occupancy as a home or residence by one (1) or more
persons. (Source: 24 VAC § 30-90-10)
EPA: The United States Environmental Protection Agency. (Source: 9 § VAC 20-80-10)
EASEMENT: A grant by one property owner to another, evidenced by a deed recorded with the
clerk of the circuit court, of the right to use the described land for a specific purpose. The term
"easement" also includes a grant of a right to use property of an owner for specific, limited use or
purpose. (Source: Virginia Administrative Code 24 VAC § 30-90-10)
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EASEMENT, NON-ACCESS: An easement prohibiting vehicular access from a public street.
EFFECTIVE DATE OF THIS ORDINANCE: The effective date of this Ordinance determined
in accordance with Section 31-113 hereto.
EMERGENCY MEDICAL SERVICES (EMS): The services utilized in responding to the
perceived individual needs for immediate medical care in order to prevent loss of life or
aggravation of physiological or psychological illness or injury including any or all of the services
which could be described as first response, basic life support, advanced life support, specialized
life support, patient transportation, medical control, and rescue. (Source: 12 VAC § 5-30-10)
ENCLOSURE RATIO: The ratio of the height of a building or structure to the space in front of
the building or structure (See Section 31-602(b)(5) of this Ordinance).
ENDANGERED OR THREATENED SPECIES HABITAT: Areas known to be inhabited on
a seasonal or permanent basis by or to be critical at any stage in the life cycle of any wildlife
(fauna) or vegetation (flora) identified as "endangered" or "threatened" species on official federal
or state lists of endangered or threatened species, including the Endangered Species Act, 16 USC
§ 1531 et seq., the Virginia Endangered Species Act, Code of Virginia, § 29.1-563 et seq., and the
Virginia Endangered Plant and Insect Species Act, Code of Virginia, § 3.1-1020 et seq. or under
active consideration for state or federal listing. The definition also includes a sufficient buffer
area to ensure continued survival of the species. (Source: 9 VAC § 20-50-40)
ENGINEER: An individual licensed by the Commonwealth of Virginia to engage in the practice
of engineering.
ENIGNEERING PLANS: The standard drawings, including profile and roadway typical
section, which show the location, character, dimensions and details for the proposed
construction and associated stormwater and utility infrastructure of the subdivision street.
ENHANCEMENT: Improvement of the functions or an existing wetlands or marsh system.
Enhancement may include improved flood control capacity, increased groundwater recharge
capability, increased density and diversity of native wildlife and vegetation, and improved
aesthetic values (e.g., by removing non-native impediments, structures, impervious surfaces).
ENVIRONMENTAL CONSTRAINTS: Features, natural resources, or land characteristics that
are sensitive to development activities or installation of improvements and may require
conservation measures or the application of creative development techniques to prevent
degradation of the environment when developed.
ENVIRONMENTALLY SENSITIVE AREAS: Areas with one or more of the following
characteristics:
(1) Slopes in excess of twenty percent (20%);
(2) 100-year floodplains;
(3) Soils classified as highly permeable or highly erodible;
(4) Tidal or nontidal wetlands;
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(5) Hydric soils; or
(6) Land formerly used for landfill operations or hazardous industrial or commercial use.
EQUESTRIAN TRAIL: A natural surfaced path for equestrian use designed in accordance with
standards on file with the Planning and Community Development Department.
EQUIPMENT: Rolling stock or movable personal property except that, for the purpose of this
Ordinance, it shall not include those items defined as heavy equipment.
EQUIVALENT DWELLING UNIT or "EDU": See "Equivalent Residential Unit."
EQUIVALENT RESIDENTIAL UNIT or "ERU": For purposes of the adequate public
facilities standards (Section 31-601) of this Ordinance, the demand for public facilities generated
by a proposed development which is equivalent to the demand for public facilities generated by
one (1) residential dwelling unit. The adequate public facilities standards use the term "equivalent
residential unit" or "ERU" in order to equate residential and non-residential uses. For purposes of
the street improvement standards of this Ordinance, an ERU shall be calculated in accordance
with Section 31-601(h)(2)A(ii).
For purposes of Section 31-410 of this Ordinance, an "equivalent residential unit" means and
refers to a building volume of twenty thousand (20,000) cubic feet of enclosed space including
the primary structure, garages, structured parking, and enclosed storage or loading areas.
EROSION: The detachment and movement of soil or rock fragments, or the wearing away of the
land surface by water, wind, ice, or gravity.
EROSION AND SEDIMENTATION CONTROL REGULATIONS: See "Soil Erosion and
Sedimentation Control Regulations."
EVIDENCE: Any map, table, chart, contract or other document or testimony prepared or
certified which is offered by a person to establish a claim, condition or assertion.
EXCAVATION: The removal of soil, rock or other matter from a land area.
EXISTING CAPACITY: The capacity of the existing built and operational public facilities, as
determined by the service provider.
EXISTING DEMAND: The demand for public facilities from existing (built) development.
EXISTING DWELLING: For purposes of Section 31-702(f), (agricultural production facilities),
an "existing dwelling" means:
(1) A structure, designated for residential use, which is legally occupied on the date a
completed application for a livestock, dairy or poultry facility permit is received by
the Administrator; or
(2) A structure, designed for residential use, which is not occupied on the date a
completed application is received, but has been issued a valid building permit prior to
the application for the facility; or
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(3) A structure, designed for residential use, which has been legally occupied for a
cumulative period of at least thirty-six (36) months within the 60-month period of
time prior to the date on which a completed application for a livestock, dairy, or
poultry facility is received. The Administrator may request additional documentation
from the applicant or other regulated party to determine if the structure qualifies as an
"existing dwelling" as defined.
EXOTIC ANIMALS: Those animals not defined as household pets or agricultural animals.
EXPLORATORY WELL: Any well drilled (i) to find and produce gas or oil in an unproven
area, (ii) to find a new reservoir in a field previously found to be productive of gas or oil in
another reservoir, or (iii) to extend the limits of a known gas or oil reservoir. (Source: Virginia
Administrative Code 9 § VAC 15-20-10)
EXTERNAL BUFFER: A vegetated area along the exterior boundaries of a development which
is maintained as open space in order to eliminate or minimize conflicts between such
development and adjacent land uses.
EXTRACTIVE USES: Surface and/or subsurface natural resources which may be extracted
from the land. This includes exploratory drilling or mining but excludes individual water well
drilling.
FACADE: The exterior walls of a building exposed to public view or that wall viewed by
persons not within the building.
FACADE, FRONT: A facade which faces, or is perpendicular to and visible from, the public
right-of-way or any private street.
FACILITY: All or any portion of a building, structure or area, including the site on which
building, structure or area is located, wherein specific services are provided or activities are
performed. (Source: Uniform Statewide Building Code § 1102.1)
FAMILY: An individual, or two (2) or more persons related by blood, marriage or adoption, or a
group of not more than four (4) unrelated persons, occupying a single dwelling unit. For purposes
of single-family residential occupancy, this term shall be deemed to encompass the residents of
group homes or other residential facilities licensed by the dDepartment of mMental hHealth,
Intellectual Disability, mental retardation and s Substance aAbuse sServices or the dDepartment
of sSocial sServices occupied by not more than eight (8) persons with mentally ill, mentally
retarded, developmentally disabled, mental illness, intellectual disability, developmental
disabilities, or elderly or handicapped persons together with one or more resident counselors.
Mental illness and developmental disability does not include current illegal use of or addition to a
controlled substance as defined in Section 54.1-3401, Code of Virginia or its successor
regulations.
FAMILY DAY HOME: A child day program offered in the residence of the provider or the
home of any of the children in care for one through 12 children under the age of thirteen,
exclusive of the provider's own children and any children who reside in the home, when at least
one child receives care for compensation. The provider of a licensed or registered family day
home shall disclose to the parents or guardians of children in their care the percentage of time per
week that persons other than the provider will care for the children. Family day homes serving six
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through twelve children, exclusive of the provider's own children and any children who reside in
the home, shall be licensed. However, no family day home shall care for more than four children
under the age of two, including the provider's own children and any children who reside in the
home, unless the family day home is licensed or voluntarily registered. However, a family day
home where the children in care are all grandchildren of the provider shall not be required to be
licensed. (Source: Code of Virginia, § 63.1-195)
FAMILY SUBDIVISION: The division of a lot or parcel into two (2) or more lots or parcels for
the purpose of sale or gift to the spouse or a natural or legally defined offspring, spouse, sibling,
grandchild, grandparent, or parent ("immediate family member") of any fee simple owner of the
original lot or parcel. For purposes of the Ordinance, conveyance of a trust or life estate
established for an immediate family as defined above shall be considered a sale or gift to an
immediate family member. Such a division shall be referred to as a "family subdivision."
FARM: Land principally devoted to the bona fide production for sale, or conservation, of
agricultural products including crops, livestock and livestock products, including but not limited
to: field crops, fruits, vegetables, horticultural specialties, cattle, sheep, hogs, goats, horses,
poultry, furbearing animals, milk, eggs and furs. (Sources: Code of Virginia, §§ 15.2-4302, 15.24402 or its successor regulations).
FARM STRUCTURE: A structure located on a farm utilized for the storage, handling or
production of agricultural, horticultural or floricultural products or the sheltering, raising or
processing of farm animals or farm animal products, which products or animals are normally
intended for sale to domestic or foreign markets. The term shall include structures used for the
maintenance, storage or use of farm equipment. (Source: Uniform Statewide Building Code, §
202.0)
FARMERS MARKET: A place where farmers or other people who are engaged in truck
farming gather regularly for the purpose of selling produce, goods and crafts produced at their
farms. The sale of seafood is included in this definition. A year-round or seasonal open air or
permanent facility, specifically marketed as a “farmers market”, where multiple farmers
come to sell their products to the consumer (Source: Virginia Administrative Code)
FARMLAND, IMPORTANT: Land that has historically produced or is producing agricultural
or forestal products and is soil classified as class 1, 2, 3 or 4; or shall consist of:
(1) (Prime farmland, which are lands that have the best combination of physical
characteristics for the production of food, feed, fiber, forage, oilseed and other
agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor, and
without intolerable soil erosion. Prime farmland includes land that possesses the
above characteristics but is currently being used to produce livestock and timber. It
does not include land already in, or committed to urban development or water
storage;
(2) Unique farmland which are lands other than prime farmland that are used for
production of specific high-value food and fiber crops. It has the special combination
of soil quality, location, growing season, and moisture supply needed to
economically produce sustained high quality or high yields of specific crops when
treated and managed according to acceptable farming methods. Examples of such
crops include citrus, tree nuts, olives, cranberries, fruits including grapes and apples,
and vegetables; and
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(3) Farmland, other than prime or unique farmlands, that is of statewide or local
importance for the production of food, feed, fiber, forage or oilseed crops.
(Source: Code of Virginia, § 3.1-18.5 or its successor regulations)
FEEDLOT: An area which is used for custom feeding of livestock where the owners of said
livestock pay for yardage, feed and feed processing. The term "feedlot" also includes any
concentrated animal feeding operation, concentrated aquatic animal production facility or
concentrated confined animal feeding operation.
FENCE: A barrier of man-made construction, regardless of the material used, including walls but
not retaining walls. ("material" does not include vegetation.)
FENCE, LIVING:A hedge of vegetation used as a screening device or a fence with vegetation
growing to it or on it which at the time of maturity would prevent an "open" effect and would
block the normal line of sight.
FENCE, OPEN: A fence constructed of material which does not interrupt the line of sight, such
as split rail, pipe or chain link fencing and shall not include a living fence.
FENCE STANDARDS: See Section 31-603 of this Ordinance.
FILL: The portion of land surface or area into which sand, gravel, earth, or other material is
deposited to raise the elevation above the natural grade.
FILL MATERIAL: Any pollutant which replaces portions of surface water with dry land or
which changes the bottom elevation of a water body for any purpose. (Source: 9 § VAC 25-21010)
FINAL PLAT: A survey map of record which indicates the boundaries for streets, blocks, lots
and other property divisions which is prepared pursuant to Section 31-509 and Appendix B of this
Ordinance.
FIRE FLOW: The flow of water in pipes at a rate and time duration necessary for fire
suppression purposes.
FIRE FLOW SURVEY: A testing of fire hydrants to determine capacity by volume and
pressure for fire fighting purposes.
FIRE PROTECTION FACILITIES: Fire stations and major pieces of fire fighting apparatus,
including, but not limited to pumpers, quick response vehicles, hook and ladder trucks, and
similar equipment, owned and operated by the City or a fire district.
FISHING AND BOATING FACILITIES: Facilities catering to the general public, whether an
admission fee is charged or not, where provisions are made for fishing from the shoreline or from
a pier and/or where the launching or rental of boats are available on site.
FITNESS CLUB: See "Golf, Tennis, Swim/Fitness Club."
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FLAG: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as
a symbol of a government, political subdivision, or other entity.
FLAG LOT: See "Lot, Flag."
FLEA MARKET: An open area in which stalls or sales areas are set aside and rented or
otherwise provided, and which are intended for use by various unrelated individuals to sell
Articles that are either homemade, homegrown, handcrafted, old, obsolete, or antique and may
include the selling of goods at retail by businesses or individuals who are generally engaged in
retail trade. This definition shall not be construed to include sidewalk sales by retail merchants,
fruit or produce stands, bake sales, or garage, yard or rummage sales held in conjunction with and
incidental to residential uses or sponsored and conducted by religious, civic or charitable
organizations on their own property. The term "flea market" also includes an occasional or
periodic sales activity held within a building, structure or open area where individuals or groups
of individual sellers offer items, new or used, for sale to the public, not to include private yard or
garage sales, and occasional sales as defined in Section 23 VAC 10-210-1080 of the Virginia
Administrative Code or its successor regulations.
FLEX SPACE: A building designed to accommodate a combination of office, wholesale, and
warehousing functions, the exact proportions of each use being subject to user needs over time.
Flex space buildings are typically located in business or industrial parks and usually have a
footprint exceeding ten thousand (10,000) square feet. They are usually designed with loading
docks to the rear and parking in the front. The front facade is often treated with a higher quality of
architectural finish than the rear and sides.
FLOOD or FLOODING: A general and temporary condition of partial or complete inundation
of normally dry land areas from:
(1) The overflow of inland waters; and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD FRINGE DISTRICT: That area within a 100-year floodplain where the flood waters
are relatively shallow, and move at velocities from one (1) to four (4) feet per second.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal
Emergency Management Agency has delineated both the areas of special flood hazards and the
risk of premium zones.
FLOOD INSURANCE STUDY: The official report provided by the Federal Emergency
Management Agency that includes profiles, the Flood Boundary-Floodway Map, and the base
flood water surface elevation.
FLOOD PLAIN: An area adjoining a river, stream or water course which has been or hereafter
is likely to be covered by floodwaters.
Included in this category are coastal flood hazards which are defined as land areas adjacent to
open coast, coastal sounds and their upstream estuaries which are prone to flooding from
hurricanes and storm surges with an annual probability of one (1) percent.
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Also included in this definition are riverine flood hazard areas defined as the valley areas adjacent
to any size waterway which can be covered by flood waters resulting from excessive rainfall or
other factors. The riverine flood hazard areas also fall under the Federal Emergency Management
Administration definition of a "Regulatory Floodway" under the National Flood Program. A
regulatory floodway includes the channel of the river and the adjacent floodplain that must be
reserved in order to discharge the base flood (the flood level anticipated in the 100-year flood
plain). The regulatory floodway cannot cause a cumulative increase in the water surge elevation
of the base flood of greater than one foot at any point. (Source: Virginia Administrative Code 9
VAC 20-50-40)
FLOOD PLAIN DEVELOPMENT: Any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations located within the area of special flood hazard.
FLOOD PROFILE: Hydrological conclusions based upon historical facts and engineering
principles represented graphically showing the relationship of the base flood water surface
elevation to the channel and adjacent topography.
FLOOD PRONE AREA: An area near a watercourse which is subject to flooding during a 100year flood based on historical information, topography, vegetation and other indicators, but where
the precise dimensions of a 100-year floodplain have not been delineated by Federal Emergency
Management Agency studies.
FLOOD PROOFING: Any combination of structural or non-structural additions, changes or
adjustments to structures and movable objects, or to surrounding areas, including utility and
sanitary facilities, which would preclude the entry of water.
FLOOD REGULATORY AREA: That portion of the floodplain which is subject to inundation
by a 100-year flood. This area may be divided into the Floodway District and the Flood Fringe
District.
FLOODWAY: The channel of a stream or other water course and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one (1) foot.
FLOOR AREA: The usable space for a specific land use calculated in square feet. “Floor
area” for the purposes of this Ordinance shall include porches, gazebos, decks, landings, etc.,
or any other exterior spaces when intended for use in association with a permitted land use and
/ or building’s occupiable space. See Uniform Statewide Building Code, § 1002.1. (Source:
Uniform Statewide Building Code)
FLOOR AREA, GROSS: The sum of the horizontal areas of the several floors of a building
or structure from the exterior face of exterior walls, or to the centerline of a wall separating
two walls of a building or buildings. See Uniform Statewide Building Code, § 1002.1. (Source:
Uniform Statewide Building Code)
FLOOR AREA, NET: The actual occupied area not including not including unoccupied
accessory areas, such as corridors and stairways, service and utility spaces, mechanical and
electrical equipment rooms, and areas where the floor-to-ceiling height is less than six(6) feet.
See Uniform Statewide Building Code, § 1002.1. (Source: Uniform Statewide Building Code)
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FLOOR AREA RATIO (FAR): The ratio of the gross floor area of all structures on a parcel to
the gross area of the parcel on which such structures are located.
FLY ASH: Ash particulate collected from air pollution attenuation devices on combustion units.
(Source: Virginia Administrative Code 9 VAC 20-80-10) The term "fly ash" also includes fine
particulate matter resulting from the burning of pulverized coal or other fossil fuel which is
collected from flue gases.
FOOD CHAIN CROPS: Crops grown for human consumption, tobacco, and crops grown for
pasture and forage or feed for animals whose products are consumed by humans. (Source: 9 VAC
20-80-10)
FOOD PROCESSING ESTABLISHMENT: A commercial establishment in which food is
manufactured or packaged for human consumption. The term does not include a restaurant, retail
food store, or commissary operation. (Source: Virginia Administrative Code 12 VAC 5-420-10)
FOOTCANDLE: A unit of illumination lighting a surface, all points of which are one (1) foot
from a uniform light source equivalent to one (1) candle in brightness or illumination. (see also
"Lumen")
FOREST MANAGEMENT PLAN: A written plan for the operation of a forest or woodland
property utilizing accepted professional forestry principles which records data and prescribes
measures designed to provide for the optimum use of all forest resources.
FORESTRY: See "Silvicultural Activity."
FOSTER CARE SERVICES: The provision of a full range of casework, treatment and
community services for a planned period of time to a child who is abused or neglected as defined
in Code of Virginia, § 63.1-248.2 or in need of services as defined in Code of Virginia, § 16.1228 and his family when the child (i) has been identified as needing services to prevent or
eliminate the need for foster care placement, (ii) has been placed through an agreement between
the local board of social services or the public agency designated by the community policy and
management team and the parents or guardians, (iii) has been committed or entrusted to a local
board of social services or child welfare agency, or (iv) has been placed under the supervisory
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responsibility of a local board pursuant to Code of Virginia, § 16.1-293. (Source: Code of
Virginia, § 63.1-195, Virginia Administrative Code)
FOWL: Any domesticated or wild gallinaceous birds such as chickens, turkeys, grouse,
pheasants and partridges.
FREESTANDING SIGN: Any sign supported by structures of supports that are placed on, or
anchored in, the ground and that are independent from any building or other structure.
FREQUENCY: The number of times that a displacement completely repeats itself in one (1)
second of time. Frequency shall be expressed in cycles per second (cps) or Hertz (Hz).
FRONT: Any public street frontage, not including alleys.
FRONT LOT LINE: The property line dividing a lot from a road right-of-way.
FRONT PORCH: A front porch is a un-air conditioned roofed structure attached to the front of
the unit.
FRONT SETBACK: The minimum horizontal distance between any building and the property
line.
FRONT YARD: A yard extending across the full width and depth of the lot between the front lot
line and the nearest line or point of the building. Where a lot has sufficient land area, the front
yard may exceed the minimum front setback as specified in Section 31-407 of this Ordinance.
FRONTAGE: The distance along which a lot abuts a legally accessible street right-of-way.
FRONTAGE, DOUBLE: A lot which extends from one street to another or to a proposed street.
FRONTAGE ROAD: A public or private drive which generally parallels a public street between
the right-of-way and the front building setback line. The frontage road provides access to private
properties while separating them from the arterial street. (See also "Service Roads.")
FRUIT AND VEGETABLE STAND: A temporary open air stand or place for the seasonal
selling of agricultural produce. A produce stand must be portable and capable of being dismantled
or removed from the sales site. (See also "Farmers Market.")
FULL MEDIAN OPENING: An opening in a restrictive median that allows all turning
movements from the roadway and the intersecting road or access connection.
FULLY SHIELDED: "Fully shielded" means that Lighting fixtures are shielded in such a
manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the
fixture, are projected below a horizontal plane running through the lowest point on the fixture
where light is emitted, as certified by photometric test report.
FUNCTIONAL AREA (INTERSECTION): That area beyond the physical intersection of two
controlled access facilities that comprises decision and maneuver distance, plus any required
vehicle storage length, and is protected through corner clearance standards and driveway
connection spacing standards.
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FUNCTIONAL CLASSIFICATION: A system used to group public roadways into classes
according to their purpose in moving vehicles and providing access. The term "functional
classification" also includes the process by which streets and highways are grouped into classes,
or systems, according to the character of service they are intended to provide. (Source: Virginia
Administrative Code 24 VAC § 30-90-10)
FUNERAL HOME: An establishment with facilities for the preparation of the dead for burial or
cremation, for the viewing of the body, and for funerals.
FUTURE LAND USE MAP: See "Concept Map."
GARAGE, PRIVATE: A garage for four (4) or less passenger motor vehicles, four or less single
motor airplanes, or one (1) commercial motor vehicle, without provision for repairing or
servicing such vehicles for profit. (Source: Uniform Statewide Building Code § 407.1)
GARAGE, PUBLIC: A building or portion for the storage or parking of more than four (4)
passenger motor vehicles, motor-powered boats or private or commercial airplanes, or more than
one (1) commercial motor vehicle. Public garages shall be classified in one of the following
groups according to their specific occupancies:

Group 1: A public garage occupied for the storage, parking, repairing or the painting
of, or the dispensing of fuel to, motor vehicles.

Group 2: A public garage occupied exclusively for passenger vehicles that will
accommodate not more than nine (9) passengers.
(Source: Uniform Statewide Building Code § 407.1)
GARDEN APARTMENT: A two-story or three-story multi-family dwelling with not less than
eight (8) or more than twenty (20) dwelling units in each building, accessed from a common hall
or individual entrances, and with the dwelling units located back to back, adjacent or on top of
each other.
GARDEN APARTMENT
GAS or NATURAL GAS: All natural gas whether hydrocarbon or nonhydrocarbon or any
combination or mixture of them, including hydrocarbons, hydrogen sulfide, helium, carbon
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dioxide, nitrogen, hydrogen, casing head gas and all other fluids not defined as oil. (Source: 9
VAC 15-20-10)
GASOLINE SERVICE STATION: Buildings and/or surfaced area where motor vehicles may
be refueled and/or serviced. The term "gasoline service station" also includes any premises where
gasoline and other petroleum products are sold and light maintenance activities such as engine
tune-ups, lubrication, minor repairs, and carburetor cleaning are conducted. Service stations shall
not include premises where heavy automobile maintenance activities such as engine overhauls,
automobile painting, and body fender work are conducted.
GENERAL HOSPITAL: Institutions as defined by Code of Virginia, § 32.1-123(1) with an
organized medical staff; with permanent facilities that include inpatient beds; and with medical
services, including physician services, dentist services and continuous nursing services, to
provide diagnosis and treatment for patients who have a variety of medical and dental conditions
which may require various types of care, such as medical, surgical, and maternity. (Source: 12
VAC 5-410-10)
GENERAL SERVICES: Any service establishment listed under NAICS 81 or its equivalent
classification which is not otherwise listed in Table 406-1.
GEODETIC CONTROL NETWORK: A system of survey monuments whose precise
positions have been established and from which additional surveys can be derived. The geodetic
control network in the City of Suffolk has two (2) components:
(1) Primary network. A system of one hundred thirty (130) survey monuments located
throughout the City, the precise positions and elevations of which have been
established by rigorous ground and global positioning surveys, and which are fully
referenced to the Virginia Coordinate system of 1983 (South Zone) and the 1983
North American Datum.
(2) Secondary network. A system of survey monuments located in and on subdivision
boundaries and rights-of-way, the positions of which have been established by
ground surveys.
GEOPHYSICAL INVESTIGATION: Any hydrogeologic evaluation to define the
hydrogeologic framework of an area or determine the hydrogeologic properties of any aquifer or
confining unit to the extent that withdrawals associated with such investigations do not result in
unmitigated adverse impacts to existing ground water users. Geophysical investigations include,
but are not limited to, pump tests and aquifer tests. (Source: 9 VAC 25-610-10)
GEOTECHNICAL ENGINEER: A person with a four-year degree in civil engineering or
engineering geology from an accredited university who, through training and experience, is able
to assure that geologic factors affecting engineering works are recognized, adequately interpreted
and presented for use in engineering practice and for the protection of the public.
GLARE: A sensation of brightness within a person(s visual field sufficient to cause annoyance,
discomfort, distraction or loss of visual performance and visibility.
GLOBAL POSITIONING SYSTEM: A satellite-based radio navigation system developed and
operated by the U.S. Department of Defense (DOD). GPS permits land, sea, and airborne users to
determine their three-dimensional position, velocity, and time. GPS consists of three segments:
space, control, and user. The space segment, consists of operational satellites in circular orbits
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above the earth. The satellites are spaced in orbit so that at any time a minimum number of
satellites will be in view to users anywhere in the world. The satellites continuously broadcast
position and time data to users throughout the world. The control segment consists of a master
control station with monitor stations and ground antennas located throughout the world. The
monitor stations track all GPS satellites in view and collect ranging information from the satellite
broadcasts. The monitor stations send the information they collect from each of the satellites back
to the master control station, which computes satellite orbits. The information is then formatted
into updated navigation messages for each satellite. The updated information is transmitted to
each satellite via the ground antennas, which also transmit and receive satellite control and
monitoring signals. The user segment consists of the receivers, processors, and antennas that
allow land, sea, or airborne operators to receive the GPS satellite broadcasts and compute their
precise position, velocity and time.
GOLF, TENNIS, SWIM, FITNESS CLUB: A club, including country clubs, that provides one
or more of the following: indoor and/or outdoor golf, tennis, or swimming facilities, indoor
exercise or recreational rooms and equipment; and which may include a clubhouse with dining
and banquet facilities; operated on a private membership basis and restricted to use by members
and their guests.
GOVERNING BODY: The City Council of the City of Suffolk.
GOVERNMENT OFFICE: Any room, clinic, suite or building wherein the primary use is to
conduct City or State business such as accounting, correspondence, editing, enforcement,
research, administration, analysis or maintenance operations. Included within this definition shall
be the health department, social services department, school board administration and other
similar functions and agencies.
GRADE: The average of the finished ground level measured along a line ten (10) feet (3m) from
all sides of the building.
GRADE, FINISHED: The level of the soil after completion of site development.
GRADE, NATURAL: The undisturbed ground level which may be determined by on-site
evidence (vegetation, ground level on adjacent land, elevation of adjacent streets and roads, soil
types and locations, etc.)
GRADE PLANE: A reference plane representing the average of finished ground level adjoining
the building at all exterior walls. Where the finished ground level slopes away from the exterior
walls, the reference plane shall be established by the lowest points within the area between the
building and the lot line or, where the lot line is more than six (6) feet (1,829 mm) from the
building, between the building and a point six (6) feet (1,829 mm) from the building. (Source:
Uniform Statewide Building Code § 502.1)
GREENHOUSE: A production or retail greenhouse with a constantly maintained interior
temperature of fifty (50) degrees F. (10 degrees C.) or more during winter months. Such
greenhouse shall also have a maintenance attendant on duty at all times or an adequate
temperature alarm system to provide warning in the event of a heating system failure.
Additionally, the greenhouse roof material shall have a thermal resistance (R) less than 2.0
(Source: Uniform Statewide Building Code § 1608.2)
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GROCERY STORE: A store which primarily trades in staple food stuffs and other
commodities, which after purchase are taken from the premises for use. (Source: Virginia
Administrative Code 12 VAC 5-420-10)
GROUNDWATER: Any water, except capillary moisture beneath the land surface in the zone of
saturation or beneath the bed of any stream, lake, reservoir or other body of surface water within
the boundaries of this state, whatever may be the subsurface geologic structure in which such
water stands, flows, percolates or otherwise occurs. (Source: Virginia Administrative Code 9
VAC 20-50-40)
GROUNDWATER QUALITY: The quality of groundwater as measured against drinking water
criteria and standards established by the U. S. EPA and the State Department of Health and
adopted by the Virginia State Water Control Board. (Source: Virginia Administrative Code 9
VAC 20-50-40)
GROSS ACRE: A full acre of land prior to subdivision and prior to dedication of any required
right-of-way or easement.
GROSS AREA: The area of a lot or parcel, including all proposed or dedicated streets, alleys,
private access ways, roadway and/or alley easements. Such boundaries shall extend to the center
line of an existing abutting street or alley right-of-way. In the case of an existing partial
dedication or easement, the gross area shall not extend beyond what would be the centerline of
the full dedication.
GROSS FLOOR AREA or "GFA": The sum of the areas of all floor levels of a building or
structure measured within the exterior face of exterior walls or the centerline of walls separating
two abutting buildings, but excluding any space where floor-to-ceiling height is less than six feet
and six inches.
GROSS LEASABLE AREA (GLA): The total building area, expressed in square feet and
designed for tenant occupancy and exclusive use, including any basements, mezzanines, or upper
floors, as measured from exterior walls or the centerline of walls separating two (2) abutting
buildings, but excluding any space where floor-to-ceiling height is less than six (6) feet and six
(6) inches. The term "gross leasable area" also includes the total floor area designed exclusively
for tenant occupancy. The area of tenant occupancy is measured from the center lines of joint
partitions to the outside of the tenant walls. (Source: Uniform Statewide Building Code § 402.2)
GROUND SUBSIDENCE: A process characterized by the downward displacement of surface
material caused by phenomena such as removal of underground fluids, natural consolidation, or
dissolution of underground minerals or by manmade phenomena such as underground mining.
GROUND WATER: Subsurface water within and below the zone of continuous saturation. The
term "ground water" also includes any water, except capillary moisture, beneath the land surface
in the zone of saturation or beneath the bed of any stream, lake, reservoir or other body of surface
water wholly or partially within the boundaries of this Commonwealth, whatever the subsurface
geologic structure in which such water stands, flows, percolates or otherwise occurs. (Source: 9
VAC 25-610-10) Subterranean water that exists within a totally saturated zone, stratum or
group of strata. (Source 4VAC25-130-700.5 July 2010)
GROUP CARE HOME FOR THE HANDICAPPED: A dwelling shared by four or more
handicapped persons, including resident staff, who live together as a single housekeeping unit and
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in a long-term, family-like environment in which staff persons provide care, education, and
participation in community activities for the residents with the primary goal of enabling residents
to live as independently as possible in order to reach their maximum potential. As used herein, the
term "handicapped" shall mean having:
(1) A physical or mental impairment that substantially limits one or more of a person(s
major life activities so that such person is incapable of living independently; or
(2) A record of having such an impairment; or
(3) Being regarded as having such an impairment.
"Handicapped" shall not, however, include current illegal use of or addiction to a controlled
substance, nor shall it include any person whose residency in the home would constitute a direct
threat to the health and safety of other individuals. The term "group home" shall not include
alcoholism or drug treatment center, work release facilities for convicts or ex-convicts, or other
housing facilities serving as an alternative to incarceration.
GUEST: Any transient person who rents or occupies a room for sleeping purposes.
GUEST RANCH: A building or group of buildings containing two (2) or more guest rooms,
other than a boarding house, hotel or motel, and including outdoor recreational activities such as,
but not limited to, horseback riding, golf course, swimming, tennis courts, shuffleboard courts,
barbecue and picnic facilities, and dining facilities intended for the primary use of its guests, but
not including bars and restaurants which cater primarily to other than guests of the guest
ranch/resort.
GUYED TOWER: A monopole or lattice tower that is tied to the ground or other surface by
diagonal cables.
HABITABLE SPACE: Space in a structure for living, sleeping, eating or cooking. Bathrooms,
toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered
habitable spaces. (Source: Uniform Statewide Building Code § 1202.1)
HANDICAPPED: A person who:
(1) Has a physical or mental impairment which substantially limits one or more of such
person’s major life activities;
(2) Has a record of having such impairment; or
(3) Is regarded as having such impairment.
However, a handicapped shall not include current illegal use of or addition to a controlled
substance (as defined Section 102 of the Controlled Substance Act [21 United States Code §
802]).
HARDSCAPE: Stone, brick, rock, sand, textured or shaped concrete, decorative walls and/or
pedestrian facilities (i.e. benches, tables, play equipment, walking or bike paths).
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HARDWARE STORE: An establishment primarily engaged in the retail sale of a number of
basic hardware items, such as tools, builder's hardware, paint and glass, housewares and
household appliances, and cutlery, (see SIC 5251), including any classification listed under
NAICS 4441 ( Building Material and Supplies Dealers) including NAICS 44411 (Home Centers),
NAICS 44412 (Paint and Wallpaper Stores), NAICS 44413 (Hardware Stores), and NAICS
44419 (Other Building Material Dealers).
HAZARDOUS MATERIAL: A substance or material in a form or quantity which may pose an
unreasonable risk to health, safety or property when transported, and which the Secretary of
Transportation of the United States has so designated by regulation or order. (Source: Code of
Virginia, § 10.1-400 or its successor regulations)
HAZARD PRONE AREA: An area which has not yet been designated by the state or federal
government as a geological hazard area but where historical evidence, climatological data,
surface or subsurface geological, topographical, vegetative, or other on-site naturally-occurring
factors indicate a relatively greater risk of property damage than exists on other parcels in the
City .
HAZARDOUS SUBSTANCE: A substance listed under United States Public Law 96-510,
entitled the Comprehensive Environmental Response Compensation and Liability Act. (Source:
Code of Virginia, § 10.1-400 or its successor regulations)
HAZARDOUS WASTE: A solid waste or combination of solid waste which, because of its
quantity, concentration or physical, chemical or infectious characteristics, may:
(1) Cause or significantly contribute to an increase in mortality or an increase in serious
irreversible or incapacitating illness; or
(2) Pose a substantial present or potential hazard to human health or the environment
when improperly treated, stored, transported, disposed of, or otherwise managed.
(Source: Code of Virginia, § 10.1-400 or its successor regulations)
The term "hazardous waste" also includes solid waste classified as a hazardous waste by
regulations adopted pursuant to § 10.1-1406 of the Code of Virginia or its successor regulations.
HAZARDOUS WASTE FACILITY: Any facility, including land and structures,
appurtenances, improvements and equipment for treatment, storage, or disposal of hazardous
wastes, which accepts hazardous waste for storage, treatment or disposal. This definition does not
include: (i) facilities which are owned and operated by and exclusively for the on-site treatment,
storage or disposal of wastes generated by the owner or operator; (ii) facilities for the treatment,
storage or disposal of hazardous wastes used principally as fuels in an on-site production process;
and (iii) facilities used exclusively for the pretreatment of wastes discharged directly to a publicly
owned sewage treatment works and storage/treatment facilities. (Source: Virginia Administrative
Code 9 VAC 20-50-40)
HAZARDOUS WASTE GENERATION: The act or process of producing hazardous waste.
(Source: Code of Virginia, § 10.1-400 or its successor regulations)
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HAZARDOUS WASTE LANDFILL: A waste disposal facility or part of a facility where waste
is placed in or on land and which is not a treatment facility, a surface impoundment or an
injection well. (Source: Virginia Administrative Code 9 VAC 20-50-40)
HEALTH CLUB: An establishment that provides facilities for exercise activities, such as
running, jogging, aerobics, weight lifting, court sports and swimming, as well as locker rooms,
showers, massage rooms, saunas and related accessory uses.
HEALTH DEPARTMENT: The Commonwealth of Virginia Department of Health or an
authorized official thereof.
HEAVY EQUIPMENT: Large equipment including, but not limited to: trucks with greater than
a one and one-half (1½) ton rating, cranes, crawler-type tractors, earth movers, dump trucks and
other equipment of equal or greater size and weight. Self-propelled, self-powered or pull-type
equipment and machinery, including engines, weighing 5000 pounds (2 ½ tons) or more,
primarily employed for construction, industrial, maritime, mining and forestry uses, as
such terms are commonly used and understood as a usage of trade in accordance with VC
§8.1A-303(c). (Source: Code of Virginia § 59.1-353 or its successor regulations)
HEIGHT, BUILDING: The vertical distance from grade plane to the average height of the
highest roof surface. (Source: Uniform Statewide Building Code § 502.1)
HEIGHT, STORY: The vertical distance from top to top of two successive tiers of beams or
finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the
ceiling joists or, where there is not a ceiling, to the top of the roof rafters. (Source: Uniform
Statewide Building Code § 502.1)
HELIPAD: An area, either at ground level or elevated on a structure, licensed or approved for
the landing and takeoff of helicopters and any vertical takeoff and landing craft.
HELIPORT: A helipad including auxiliary facilities such as parking, waiting room, fueling and
maintenance equipment.
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to
construction next to the proposed wall of a structure.
HIGHLY ERODIBLE SOILS: Soils (excluding vegetation) with an erodibility index (EI) from
sheet and rill erosion equal to or greater than eight (8). The erodibility index for any soil is
defined as the product of the formula RKLS/T, as defined by the "Food Security Act (F.S.A.)
Manual: of August, 1988 in the "Field Office Technical Guide" of the U. S. Department of
Agriculture Soil Conservation Service, where K is the soil susceptibility to water erosion in the
surface layer; R is the rainfall and runoff; LS is the combined effects of slope length and
steepness; and T is the soil loss tolerance. (Source: Virginia Administrative Code 9 VAC 15-2010)
HIGHLY PERMEABLE SOILS: Soils with a given potential to transmit water through the soil
profile. Highly permeable soils are identified as any soil having permeability equal to or greater
than six (6) inches of water movement per hour in any part of the soil profile to a depth of
seventy-two (72) inches (permeability groups "rapid" and "very rapid") as found in the "National
Soils Survey Handbook" of November, 1996 in the "Field Office Technical Guide" of the U.S.
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Department of Agriculture Soil Conservation Service. (Source: Virginia Administrative Code 9
VAC 15-20-10)
HIGHWAY: A general term denoting a public way for purposes of vehicular travel including the
entire area within the right-of-way.
HIGHWAY OR ROADWAY CAPACITY: The maximum number of vehicles that can be
expected to travel over a given Section of roadway or a specific lane during a given time period
under prevailing roadway conditions and prevailing traffic patterns and conditions.
HILLSIDE DISTURBANCE: Any and all areas of the building site disturbed during
construction by grading or excavation and temporary or permanent construction for all buildings,
parking areas, driveways, roads, sidewalks, and other areas of concrete, asphalt, or other
construction materials.
HISTORIC DISTRICT: A geographically definable area which contains a significant
concentration of historic buildings, structures or sites having a common historical, architectural,
archaeological, or cultural heritage, and which may contain local tax parcels having separate
owners.
HOME OCCUPATION: An accessory use of a dwelling unit for or with the intent of gainful
employment involving the provision of goods and services.
HOME OCCUPATION REGULATIONS: See Section 31-707 of this Ordinance.
HOME OWNERS ASSOCIATION: An association or organization, whether or not
incorporated, which operates under and pursuant to recorded covenants for maintenance and
ownership agreements through which each owner of a portion of a subdivision, be it a lot,
property or any other interest, is automatically a member as a condition of ownership, and each
such member is subject to charge or assessment for a pro-rated share of expenses of the
association which may become a lien against the lot, property or other interest of the member.
HORSE: Any quadruped of the genus Equis.
HOSPITAL, OUTPATIENT: Institutions as defined by § 32.1-123(1) and 12 VAC 5-410-10 of
the Code of Virginia or their successor regulations which primarily provide facilities for the
performance of surgical procedures on outpatients. Such patients may require treatment in a
medical environment exceeding the normal capability found in a physician's office, but do not
require inpatient hospitalization. (Source: Virginia Administrative Code 12 VAC 5-410-10)
HOSPITAL, SPECIAL: Institutions as defined by § 32.1-123(1) of the Code of Virginia or its
successor regulations which provide care for a specialized group of patients or limit admissions
to provide diagnosis and treatment for patients who have specific conditions (e.g., tuberculosis,
orthopedic, pediatric, maternity).
HOTEL: A facility offering transient lodging accommodations to the general public and
frequently providing additional services such as meeting rooms, restaurants, entertainments, and
recreational facilities. The term "hotel" also includes any establishment, by whatever name
known, offering lodging or sleeping accommodations to transient guests for pay. (Source:
Virginia Administrative Code 12 VAC 5-430-10)
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HOUSEHOLD HAZARDOUS WASTE: Any waste material derived from households
(including single and multiple residences, hotels, motels, bunkhouses, ranger stations, crew
quarters, campgrounds, picnic grounds and day-use recreation areas) which, except for the fact
that it is derived from a household, would be classified as a hazardous waste, including but not
limited to, nickel, cadmium, mercuric oxide, manganese, zinc-carbon or lead batteries; solventbased paint, paint thinner, paint strippers, or other paint solvents; toxic art supplies, used motor
oil and unusable gasoline or kerosene, fluorescent or high intensity light bulbs, ammunition,
fireworks, banned pesticides, or restricted-use pesticides as defined in Code of Virginia, § 3.1249.27. All empty household product containers and any household products in legal distribution,
storage or use shall not be considered household hazardous waste. (Source: Code of Virginia, §
10.1-400 or its successor regulations)
HOUSEHOLD PET: Companion animals that are typically and customarily kept for company or
pleasure in the house or yard.
HOUSEHOLD WASTE: Any waste material, including garbage, trash and refuse, derived from
households. Households include single and multiple residences, hotels and motels, bunkhouses,
ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas.
Household wastes do not include sanitary waste in septic tanks (septage) which is regulated by
other state agencies. (Source: Virginia Administrative Code 9 VAC 20-80-10)
HUD CODE: The National Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. § 5401 et seq., as amended) and the regulations promulgated by the United
States Department of Housing and Urban Development thereto (24 C.F.R. Part 3282), commonly
known as the "HUD Code."
HUNDRED-YEAR FLOOD: A flood of that level which on the average will have a one (1)
percent chance of being equaled or exceeded in any given year at designated locations. (Source:
Virginia Administrative Code 9 VAC 20-50-40)
HYDRAULIC CONDUCTIVITY: The rate of flow of water in gallons per day through a cross
Section of one (1) square foot under a unit hydraulic gradient, at the prevailing temperature
(permeability coefficient). (Source: 9 VAC 20-50-40)
HYDRAULIC GRADIENT: The change in hydraulic pressure per unit of distance in a given
direction. (Source: 9 VAC 20-50-40)
HYDROLOGY: The science of dealing with the properties, distribution, and circulation of
water.
HYDROPERIOD: The period during which a soil area is saturated.
ITE TRIP GENERATION: The current edition of Trip Generation, an informational report of
the Institute of Transportation Engineers. (Source: Virginia Administrative Code 24 VAC § 3090-10).
IGNITABLE WASTE: (a) Liquids having a flash point of less than 140° F (60° C) as
determined by the methods specified in Part III of the Virginia Hazardous Waste Management
Regulations; (b) Non-liquids liable to cause fires through friction, absorption of moisture,
spontaneous chemical change or retained heat from manufacturing or liable, when ignited, to burn
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so vigorously and persistently as to create a hazard; (c) Ignitable compressed gases; oxidizers, or
both. (Source: Virginia Administrative Code 9 VAC 20-80-10)
IMMEDIATE FAMILY OR IMMEDIATE FAMILY MEMBER: For purposes of Section
31-514, any legal sibling, parent, grandparent, grandchild, child or spouse of the owner. This term
shall not include any aunts, uncles, nieces, nephews, cousins, or any other next of kin of the
owner. (Source: Code of Virginia § 15.2-2244 or its successor regulations)
IMPACT: For purposes of the Industrial Performance Standards (Section 31-608) of this
Ordinance, "impact" refers to an earthborne vibration generally produced by two (2) or more
objects striking each other so as to cause separate and distinct pulses.
IMPACT AREA: The area within which a proposed residential development is presumed to
create a demand for public facilities and which area, therefore, will be evaluated to determine
whether the capacity of public facilities is adequate to accommodate the demand created by
existing residential development, committed development and the proposed residential
development pursuant to the adequate public facilities Ordinance. (See Section 31-601, Table
601-1, column (C).)
IMPERVIOUS SURFACE: A surface that has been compacted or covered with a layer or layers
of material so that it is resistant to infiltration of water into the soil. Impervious surfaces include
limerock, gravel, or clay as well as most conventionally surfaced roofs, buildings, streets, parking
areas, and any concrete or asphalt.
IMPERVIOUS SURFACE RATIO: The ratio of impervious surfaces on a site to gross acreage
(see Section 31-407(b) (1)).
IMPROVED OPEN SPACE: Landscaped areas, turf areas, parks, golf course and recreation
areas constructed on the parcel, but shall not include associated buildings.
IMPROVEMENTS: All public and quasi-public utilities and facilities including streets, sanitary
sewers, waterlines, storm water management and erosion control facilities, monuments, signs,
sidewalks, streetlights, and all other similar features required by this Ordinance.
INCINERATION: The controlled combustion of solid waste for disposal. (Source: Virginia
Administrative Code 9 VAC 20-80-10)
INCINERATOR: An enclosed device using controlled flame combustion, the primary purpose
of which is to thermally break down hazardous waste. (Source: 9 VAC 20-50-40) The term
"incinerator" also includes a facility or device designed for the treatment of solid waste by
combustion. (Source: Virginia Administrative Code 9 VAC 20-80-10)
INDUSTRIAL PARK: A comprehensively planned and unified, industrially oriented
development containing at least two (2) separate buildings on at least five (5) acres and protected
by covenants and restrictions designed to control such things as architectural design or building
facades, landscaping, screening, buffering, and environmental protection. Industrial parks
typically have a mixture of industrial, service, office, and commercial activities and are designed
to incorporate aesthetic and service amenities for the employees and patrons of the uses located
within the park.
INDUSTRIAL PERFORMANCE STANDARDS: See Section 31-608 of this Ordinance.
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INDUSTRIAL USE: Those industries identified in the Standard Industrial Classification
Manual, United States Bureau of the Budget, 1967, as amended and supplemented, under the
category "Division D-Manufacturing" and NAICS Codes 31 through 33. (Source: Virginia
Administrative Code 9 VAC 25-60-10)
INDUSTRIAL WASTE: Any solid waste generated by manufacturing or industrial process that
is not a regulated hazardous waste. Such waste may include, but is not limited to, waste resulting
from the following manufacturing processes: Electric power generation; fertilizer/agricultural
chemicals; food and related products/by-products; inorganic chemicals; iron and steel
manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic
chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous
plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation
equipment; and water treatment. This term does not include mining waste or oil and gas waste.
(Source: Virginia Administrative Code 9 VAC 20-80-10)
INDUSTRIAL WASTE LANDFILL: A solid waste landfill used primarily for the disposal of a
specific industrial waste or a waste which is a by-product of a production process. (Source:
Virginia Administrative Code 9 VAC 20-80-10)
INDUSTRIALIZED BUILDING: A combination of one (1) or more Sections or modules,
subject to state regulations and including the necessary electrical, plumbing, heating, ventilating
and other service systems, manufactured off-site and transported to the point of use for
installation or erection, with or without other specified components, to comprise a finished
building. Manufactured homes shall not be considered industrialized buildings for the purpose of
this Ordinance. (Source: Uniform Statewide Building Code, § 202.0)
INERT WASTE: Solid waste which is physically, chemically and biologically stable from
further degradation and considered to be nonreactive. Inert wastes include rubble, concrete,
broken bricks, bricks, and blocks. (Source: Virginia Administrative Code 9 VAC 20-80-10)
INFECTIOUS WASTE: Solid wastes defined to be infectious by the Regulated Medical Waste
Management Regulations (9 VAC 20-110-10 et seq.) as promulgated by the Virginia Waste
Management Board. (Source: Virginia Administrative Code 9 VAC 20-80-10)
INFILTRATION YARD: An area which is designed and located to allow storm water runoff to
filter through it and to take advantage of the natural absorption and filtering qualities of the soil
and vegetation, thereby reducing the volume and rate of total storm water runoff and impacts on
water quality.
IN-FILL DEVELOPMENT: The development of small, scattered vacant sites which are
surrounded or essentially surrounded by existing development and which because of location,
configuration, access requirements, adjacent development patters, or similar characteristics, may
necessitate special consideration during the development process.
INJECTION WELL: A well or bore hole into which fluids are injected into selected geologic
horizons. (Source: 9 VAC 20-50-40) See also "Underground Injection."
IN KIND: For mitigation purposes, "in kind" means the restoration, replacement, or creation of a
wetland or tidal marsh system which provides functions, attributes, and characteristics closely
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approximating those of a specific wetland or tidal marsh that would be adversely affected by the
proposed activities.
INPATIENT BEDS: Accommodations within a medical care facility with continuous support
services (such as food, laundry, housekeeping) and staff to provide health or health-related
services to patients who generally remain in the medical care facility in excess of twenty-four
(24) hours. Such accommodations are known by varying nomenclatures including but not limited
to: nursing beds, intensive care beds, minimal or self care beds, isolation beds, hospice beds,
observation beds equipped and staffed for overnight use, and obstetric, medical, surgical,
psychiatric, substance abuse, medical rehabilitation and pediatric beds, including pediatric
bassinets and incubators. Bassinets and incubators in a maternity department and beds located in
labor or birthing rooms, recovery rooms, emergency rooms, preparation or anesthesia inductor
rooms, diagnostic or treatment procedures rooms, or on-call staff rooms are excluded from this
definition. (Source: Virginia Administrative Code 9 VAC 25-2200-10)
INSTITUTIONAL USES: Churches, schools, hospitals, residential care facilities, other public
or quasi-public uses.
INSTITUTIONAL WASTE: All solid waste emanating from institutions such as, but not
limited to, hospitals, nursing homes, orphanages, and public or private schools. It can include
infectious waste from health care facilities and research facilities that must be managed as an
infectious waste. (Source: Virginia Administrative Code 9 VAC 20-80-10)
INTENSELY DEVELOPED AREAS (IDA): For the purposes of Section 31-415 of this
Ordinance, Tthose areas designated by the City of Suffolk as an overlay of Chesapeake Bay
Preservation Areas within the City's jurisdiction. IDA's shall serve as redevelopment areas in
which development is concentrated as of the local program adoption date and where little of the
natural environment remains and provided that one of the following conditions exists: (i)
development has severely altered the actual state of the area such that it has more than fifty
percent (50%) impervious cover; (ii) public sewer and water is constructed and currently serves
the area by the date of adoption of this Ordinance and this condition does not include areas
planned for public sewer and water; or (iii) housing density is equal to or greater than four (4)
dwelling units per acre.
INTENSITY: The number of square feet of development per acre by land use type with respect
to non-residential land uses.
INTENSIVE LIVESTOCK FACILITY OR INTENSIVE DAIRY FACILITY: A facility or
operation and any accessory uses or structures including, but not limited to, feed storage bins,
litter storage sites, incinerators or manure storage sites which at any one time has at least three
hundred (300) animal units present at the facility or operation, or any operation or facility
determined by the Commonwealth of Virginia or any department or division thereof to be an
intensive facility or operation, subject to the requirements of Section 31-702(f) of this Ordinance.
In no case shall a facility as defined herein exceed a cumulative total one thousand (1,000) animal
units.
INTERSECTION: The juncture of two (2) or more streets at which point there are three or more
legs. (Source: Virginia Administrative Code 24 VAC § 30-90-10)
INUNDATION ZONE (BELOW A DAM): The area that would be inundated in the event of a
dam failure. (Source: Virginia Administrative Code 9 VAC 20-50-40)
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JOBS TO HOUSING RATIO: The number of jobs relative to the number of dwelling units
within a designated area. The number of jobs shall be computed as follows:
Zoning District
SF/Employee
B-2, B-1
400
O-I
250
M-1/M-2
800
JOINT ACCESS (OR SHARED ACCESS): A driveway connecting two (2) or more
contiguous sites to the public street system.
JUNK: Old, dilapidated, discarded or scrap copper, brass, plastic, rope, rags, furniture, beds and
bedding, batteries, bottles, glass, appliances paper, trash, rubber, debris, building material waste,
tools, implements, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old
or scrap ferrous or nonferrous material.
JUNK VEHICLE: Any motor vehicle, trailer, or semi-trailer that: is not operable in its existing
condition because of damage or because parts necessary for operation such as, but not limited to,
tires, engine, or drive train are removed, destroyed, damaged, or deteriorated; or, is not capable of
being lawfully driven on a public highway or street. Any such motor vehicle, trailer, or semitrailer shall be presumed to be a junk vehicle if no current license plates are displayed thereon, or
if license plates have been invalid for more than sixty (60) days.
(Note: The owner or possessor of such a motor vehicle, trailer, or semi-trailer may rebut such a
presumption by providing proof of current registration or licensing (see Motor Vehicle Repair
Shop).
JUNKYARD: An establishment or place of business which is maintained, operated or used for
storing, keeping, buying or selling junk or for the maintenance of operation of an automobile
graveyard.
KARST TOPOGRAPHY: A type of topography that may form over limestone, dolomite, or
gypsum formations by dissolving or solution, and that is characterized by closed depressions or
sinkholes, caves, and underground drainage. (Source: 9 VAC 20-50-40)
KENNEL, COMMERCIAL: Any land or structure in which canines, felines, or hybrids of
either, are kept for the purpose of breeding, hunting, or training, renting, buying, boarding, selling
or showing.
KENNEL, LIMITED: A kennel that is located within a convenience retail center.
LABORATORY: A building or group of buildings in which facilities for medical or scientific
research, investigation, testing or experimentation are located, and in which no more than fifteen
(15%) percent of a building so occupied may be used for ancillary manufacturing, fabricating,
processing, assembly, storage, repair, or service facilities.
LAGOON: A body of water or surface impoundment designed to manage or treat waste water.
(Source: Virginia Administrative Code 9 VAC 20-80-10)
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LAND APPLICATION: The spraying or spreading of sewage sludge onto the land surface; the
injection of sewage sludge below the land surface; or the incorporation of sewage sludge into the
soil so that the sewage sludge can either condition the soil or fertilize crops or vegetation grown
in the soil. (Source: Virginia Administrative Code 9 VAC 25-31-500)
LAND APPLICATION UNIT: An area where solid or liquid wastes are applied onto or
incorporated into the soil surface (excluding manure spreading operations) for agricultural
purposes or for treatment or disposal. (Source: 9 VAC 20-80-10)
LAND DEVELOPMENT REGULATION: For purposes of Section 31-803 of this Ordinance,
a "land development regulation" includes this Ordinance or any previous Zoning Ordinance or
Subdivision Ordinance or regulation.
LAND-DISTURBING ACTIVITY: Any change in or reconfiguration of the land surface or
vegetation on the land surface through vegetation clearing or earth moving activities including
but not limited to clearing, grading, excavating, drilling, transporting or filling. (Source: Virginia
Administrative Code 9 VAC 15-20-10)
LANDFILL: A disposal facility or part of a facility where waste is placed in or on land and
which is not a treatment facility, a surface impoundment or an injection well. (Source: Virginia
Administrative Code 9 VAC 20-50-40). The term "landfill" also includes a sanitary landfill, an
industrial waste landfill or a construction/demolition/debris landfill. (Source: Virginia
Administrative Code 9 VAC 20-80-10) See also "Sanitary Landfill."
LANDFILL DISPOSAL AREA: The area within the property boundary of a landfill facility in
which solid waste is buried or permitted for actual burial. (Source: Virginia Administrative
Code 9 VAC 20-80-10)
LANDLOCKED PARCEL: A parcel of land without access of record.
LANDMARKS, HISTORIC: Buildings, structures, districts, objects and sites which constitute
the principal historical, architectural, archaeological and cultural resources which are of local,
statewide or national significance.
LANDSCAPE: An area set aside from structures and parking which is developed with natural
materials (i.e. lawns, trees, shrubs, vines, hedges, bedding plants, rock) and decorative features,
including paving materials, walls, fences and street furniture.
LANDSCAPE YARD: A designated area within which trees, plants and lawns are cultivated and
also including other natural materials such as rock, wood chips, mulch, and decorative features,
including sculpture, trellises, fountains and other natural features.
LANDSCAPING: The improvement of a lot or parcel with grass, ground covers, shrubs, trees,
other vegetation or ornamental objects. Landscaping may include earth forms, flower beds,
ornamental objects such as trellises or fountains and other natural features.
LANDSCAPING MATERIALS: See "Nursery/Greenhouse."
LANDSCAPING STANDARDS: See Section 31-603 of this Ordinance.
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LAND SURVEYOR or SURVEYOR: An individual certified and licensed by the
Commonwealth of Virginia to engage in the practice of land surveying.
LAND TREATMENT FACILITY: A hazardous facility or part of a hazardous facility at which
hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal
facilities if the waste will remain after closure. (Source: Virginia Administrative Code 9 VAC
20-50-40)
LANE: An uninterrupted street ending in a cul-de-sac and generally designated by a name.
LATERAL EXPANSION: A horizontal expansion of the waste management boundaries of an
existing unit or a facility.
LATERAL SEWER: A sewer which discharges into a trunk line and has only collection lines
tributary to it. A line from a structure or use which discharges into a collection line is not a
lateral.
LATTICE TOWER: A self-supporting support structure, erected on the ground, which consists
of metal crossed strips or bars to support antennas and related equipment.
LAUNDRY, SELF-SERVICE: A building within which clothes washing and drying machines,
and clothes dry cleaning machines, either coin operated or attendant operated, are provided on a
rental basis for use by individuals for doing their own laundry and dry cleaning.
LEACHATE: A liquid, including any suspended components in the liquid, that has percolated
through or drained from hazardous waste. (Source: Virginia Administrative Code 9 VAC 20-5040) The term "leachate" also includes a liquid that has passed through or emerged from solid
waste and contains soluble, suspended or miscible materials from such waste. Leachate and any
material with which it is mixed is solid waste; except that leachate that is pumped from a
collection tank for transportation to disposal in an off-site facility is regulated as septage, and
leachate discharged into a waste water collection system is regulated as industrial waste water.
(Source: Virginia Administrative Code 9 VAC 20-80-10)
LEACHATE COLLECTION SYSTEM: A system or device installed immediately above a
liner that is designed, constructed, maintained, and operated to collect and remove leachate from
a sewage sludge unit. (Source: Virginia Administrative Code 9 VAC 25-31-500)
LEGISLATIVE ACTION: A specific plan, zoning Ordinance, or any other Ordinance
establishing or amending the Comprehensive Plan or this Ordinance.
LEVEL OF SERVICE: An indicator of the extent or degree of service provided by, or proposed
to be provided by, a public facility based upon and related to the operational characteristics of the
public facility; or the capacity per unit of demand for each public facility. A set of criteria which
describes the degree to which an intersection, roadway, lane configuration, weaving Section or
ramp serves peak period or daily traffic. The term "level of service" also includes a qualitative
measure describing operational conditions within a traffic stream, and their perception by
motorists and passengers. For the purposes of these requirements, the applicable provisions of the
current Highway Capacity Manual, Transportation Research Board, shall serve as the basis for
determining "levels of service." (Source: Virginia Administrative Code 24 VAC ( 30-90-10)
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LEVEL OF SERVICE, ADOPTED: The Level of Service (LOS) standards adopted in the
Comprehensive Plan and in Section 31- 601 of this Ordinance.
LEVEL TERRAIN: That condition where highway sight distances, as governed by both
horizontal and vertical restrictions, are generally long or could be made so without construction
difficulty or major expense. (Source: 24 VAC ( 30-90-10)
LIBRARY OR MUSEUM: A room or building for exhibiting, or an institution in charge of a
collection of books; artistic, historical or scientific objects.
LIGHTING STANDARDS: See Section 31-604 of this Ordinance.
LINER: Soil or synthetic material that has a hydraulic conductivity of 1×10-7 centimeters per
second or less. (Source: Virginia Administrative Code 9 VAC 25-31-500)
LINK OR ROAD LINK: The portion of a street containing a “node”, as defined herein, at
one or both ends of a street. (Source: Section 31-612)
LITHIFIED EARTH MATERIAL: All rock, including all naturally occurring and naturally
formed aggregates or masses of minerals or small articles of older rock that formed by
crystallization of magma or by induration of loose sediments. This term does not include manmade materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or
regolith lying at or near the earth surface. (Source: 9 VAC 20-80-10)
LITTER: For purposes of this Chapter, any solid waste that is discarded or scattered about a
solid waste management facility outside the immediate working area. (Source: 9 VAC 20-80-10)
LIVESTOCK: Includes all domestic or domesticated; bovine animals; equine animals; ovine
animals; porcine animals; cervidae animals, capradae animals; animals of the genus Lama; ratites;
enclosed domesticated rabbits or hares raised for human food or fiber; or any other individual
animal specifically raised for food or fiber, except companion animals. Vietnamese potbellied
pigs (sus scrofa vittatus) which are kept as household pets are excluded from this definition.
LIVESTOCK FACILITY: Any facility primarily devoted to the raising of livestock or poultry
or the raising of animals which produce dairy products, or the operation and any accessory uses
or structures, including, but not limited to, feed storage bins, litter storage sites, incinerators or
manure storage sites, which at any time has at least one hundred fifty (150) animal units and
which is occupied or has been previously occupied or operated by an operator for a cumulative
total of at least twelve (12) months during the previous sixty-month period from the date when
zoning approval is sought for dwelling or any livestock, dairy or poultry facility or operation.
LIVESTOCK MARKET: Any premise where animals are habitually assembled for sale or
exchange as outlined in § 3.1-737 of the Code of Virginia or its successor regulations. (Source:
Virginia Administrative Code 2 VAC 5-60-10)
LIVESTOCK RAISER: See "Operator."
LOADING AND UNLOADING SPACE: A space within a main building or on the premises
which provides for the standing, loading, or unloading of trucks or other delivery vehicles, and
including any area necessary for ingress and egress.
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LOADING SPACE: An off-street portion of a parcel for the temporary parking of commercial
vehicles while loading or unloading materials for use or sale on the parcel. This space shall open
onto a street or alley, and any use of the space shall not obstruct pedestrian or vehicular traffic
upon the street or alley.
LOCAL ROAD OR STREET: Provides direct access to adjacent land and access to higher
street classifications. All streets or roads not otherwise classified are local.
LOCATION MAP: A map showing the location of a parcel or tract by an insert map at a scale
of not more than one inch equals two thousand feet (1" = 2,000') showing landmarks, including
Arterial Streets and Rivers, sufficient to clearly identify the location of the parcel.
LODGE: See "Membership Club."
LODGING USE: Buildings providing bedrooms for letting.
LONG-TERM CARE FACILITY: A facility or part of a facility that is intended to provide
medical supervision for eight (8) or more residents for periods of time exceeding seventy-two
(72) hours. The term "long-term care facility" also includes aAny facility outside of the service
recipient's home in which two or more unrelated persons receive long-term care services,
including, but not limited to, nursing homes licensed by the Department of Health, homes for
adults licensed by the Department of Social Services, and geriatric treatment centers licensed by
the Department of Mental Health, Mental Retardation Intellectual Disability and Substance
Abuse Services (Source: Virginia Administrative Code 22 VAC 5-20-20).
LOOP STREET: A street whose two outlets are to the same street. (Source: Virginia
Administrative Code 24 VAC § 30-90-10).
LOT: A portion or parcel of land considered as a unit. (See Source: Uniform Statewide Building
Code, § 202.0)
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LOT AREA: The total computed area of a lot as defined by the closure of the rear, side and front
lot lines, exclusive of rights-of-way, drainage easements, tidal wetlands, non-tidal wetlands, and
any areas permanently inundated (such as lakes, ponds, streams and rivers).
LOT, CORNER: A lot with two adjacent sides (two front yards) abutting upon streets or other
public spaces. (See Uniform Statewide Building Code, § 202.0)
LOT COVERAGE: The percentage of the area of a lot which is occupied by all buildings or
other covered structures using the roof outline for all outer dimensions.
LOT DEPTH: See "lot length."
LOT, DOUBLE FRONTAGE (THROUGH LOT): An interior lot having frontage on two nonintersecting streets.
LOT, FLAG: A lot which does not abut a public street other than by its driveway or other strip
of land not meeting the required minimum frontage standards.
LOT FRONTAGE: The distance for which a lot abuts on a street.
LOT, INTERIOR: A lot other than a corner lot, abutting only one street.
LOT LAYOUT STANDARDS: See Section 31-605 of this Ordinance.
LOT LENGTH: The depth of a lot shall be the average distance between the front and rear lot
lines. The length (or depth) of a lot shall be measured as follows:
(1) If the front and rear lines are parallel, the shortest distance between such lines.
(2) If the front and rear lines are not parallel, the shortest distance between the midpoint
of the front lot line and the midpoint of the rear lot line.
(3) If the lot is triangular, the shortest distance between the front lot line and the line
parallel to the front lot line, not less than ten feet long lying wholly within the lot.
LOT LINE: A line of record bounding a lot which divides one lot from another lot or from a
public or private street or any other public space.
LOT LINE, FRONT: Any street or right-of-way line which forms the boundary of a lot or, in
the case of flag lots, where such a lot does not abut a street other than by its driveway or "staff,"
that lot line which is parallel to the street line and is not the rear lot line. Where lots are arranged
to abut common parking areas, water or open space, as may be the case in townhouse or planned
development situations, the front lot line shall be determined by the Zoning Administrator based
on the orientation of the principal building. On regular corner lots, the front shall be construed to
be the shortest boundary fronting on a street. If the lot has equal frontage on two or more streets,
frontage shall be construed in accordance with the prevailing building pattern or the prevailing
lotting pattern if a building pattern has not been established.
LOT LINE, INTERIOR: Any lot line other than one adjoining a street or public space. (See
Source: Uniform Statewide Building Code, § 202.0)
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LOT LINE, REAR: The lot line or lines opposite and most distant from and most nearly parallel
to the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet
in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
LOT LINE, SIDE: Any lot line other than a front or rear lot line, as defined herein.
LOT LINE, STREET: The lot line dividing a lot from a street or other public way. (See
Uniform Statewide Building Code, § 202.0)
LOT OF RECORD: Any lot created by recordation of a plat in the office of the clerk of the
circuit court provided that:
(1) Such lot and plat complied fully with all zoning and subdivision regulations in effect
at the time of such recording; or
(2) Such lot or plat was not in conformance with the regulations contained in the zoning
Ordinance or subdivision Ordinance at the time of said recordation, but has become
conforming by subsequent amendment of said regulations.
LOT, REVERSE FRONTAGE: A through lot from which access is not available or permitted
from one of the parallel or nonintersecting streets upon which it fronts.
LOT, THROUGH: A lot having a part of opposite lot lines abutting two streets, and which is not
a corner lot, (Also known as a "double frontage lot"). On such lot, both lot lines are front, except
that where a non-access easement has been established on such a lot, the front lot line shall be
considered as that lot line most distant front the lot line containing the non-access easement.
LOT WIDTH: The mean horizontal distance between side lot lines. The width of a lot shall be
determined as follows (See Figure 1-2 in Appendix A):
(1) If the side lot lines are parallel, the distance between these side lines, measured
perpendicularly at the minimum required front yard setback line for the district in
which the lot is located;
(2) If the side lot lines are not parallel, the width of the lot shall be the length of a line
measured at right angles to the axis of the lot at a point which is equal to the required
minimum front yard setback for the district in which located. The axis of a lot shall
be a line joining the midpoints of the front and rear lot lines.
LOT, ZONING: A single tract of land, which (at the time of filing for a building permit) is
designated by its owner or developer as a tract to be used, developed, or built upon as a unit,
under single ownership or control. Zoning lot lines shall not cross zoning district boundary lines
unless otherwise permitted in these regulations. Therefore, a "zoning lot" or "lots" may or may
not coincide with a "lot of record."
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or
storage, in an area other than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure in violation of the applicable
non-elevation design requirements of this Ordinance.
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LOW INCOME HOUSING: Housing reserved for occupancy or ownership by persons or
households whose annual gross income does not exceed eighty percent (80%) of the area median
household gross income for households of the same size in the Norfolk-Virginia Beach-Newport
News Primary Metropolitan Statistical Area (PMSA), as defined by the U.S. Department of
Housing and Urban Development in 24 C.F.R., Part 813.
LOW - SPEED VEHICLE: Any four-wheeled electrically-powered vehicle, except a motor
vehicle or low-speed vehicle that is used exclusively for agricultural or horticultural purposes
or a golf cart, whose maximum speed is greater than 20 miles per hour but not greater than 25
miles per hour and is manufactured to comply with safety standards contained in Title 49 of
the Code of Federal Regulations, § 571.500 or its successor regulations, (Source: Code of
Virginia §46.2-100, July 2010)
LUMEN: A unit of luminous flux. One (1) foot-candle is one (1) lumen per square foot. For the
purposes of this Ordinance, the lumen output values shall be the initial lumen output ratings of a
lamp.
MACHINE SHOP: A structure containing machinery for the manufacture, modification or
repair of metal goods and motor vehicle equipment. This use does not include the dismantling of
motor vehicle parts and equipment.
MACHINERY AND EQUIPMENT SALES, STORAGE AND REPAIR: An indoor or
outdoor establishment primarily engaged in the cleaning, repair, painting, reconstruction, storage
or other uses of heavy machinery, equipment, and vehicles, including vehicle body work.
MAINTENANCE: The replacing or repairing of a minor part or minor parts, parts of a building
or structure which have degraded by ordinary wear or tear or by the weather.
MAJOR ARTERIAL ROADWAY: A roadway designated as a "major arterial" in the Master
Thoroughfare Plan.
MAJOR COLLECTOR: A roadway designated as a "major collector" in the Master
Thoroughfare Plan.
MAJOR MUNICIPAL SEPARATE STORM SEWER OUTFALL (OR MAJOR
OUTFALL): A municipal separate storm sewer outfall that discharges from a single pipe with an
inside diameter of 36 inches or more or its equivalent (discharge from a single conveyance other
than circular pipe which is associated with a drainage area of more than 50 acres); or for
municipal separate storm sewers that receive storm water from lands zoned for industrial activity
(based on comprehensive zoning plans or the equivalent), an outfall that discharges from a single
pipe with an inside diameter of 12 inches or more or from its equivalent (discharge from other
than a circular pipe associated with a drainage area of two acres or more). (Source: Virginia
Administrative Code 9 VAC 25-31-10)
MAJOR SUBDIVISION: A subdivision consisting of more than four (4) or more proposed lots
and not otherwise considered as a “minor subdivision” as defined in this Ordinance.
MAJOR UNDERGROUND UTILITY EASEMENT: An easement which contains a
transmission pipeline which carries products such as natural gas, petroleum or other fuels
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MALL: A roofed-over common pedestrian area serving more than one tenant located within a
covered mall building. (Source: Uniform Statewide Building Code § 402.2)
MALL BUILDING, COVERED: A building enclosing a number of tenants and occupancies
such as retail stores, drinking and dining establishments, entertainment and amusement facilities,
passenger transportation terminals, offices and other similar occupancies wherein two or more
tenants have a main entrance into one or more malls. Anchor stores shall not be considered as part
of the covered mall building. (Source: Uniform Statewide Building Code § 402.2)
MANIFEST: The form used for identifying the quantity, composition, origin, routing and
destination of hazardous waste during its transportation from the point of generation to the point
of disposal, treatment or storage of such hazardous waste. (Source: Code of Virginia or its
successor regulations, § 10.1-400)
MANSARD: A sloping roof which projects from the wall of a building and has a pitch of 45
degrees or greater to the horizontal, or a roof having a double slope, the lower slope being steeper
than the upper slope. (Source: Uniform Statewide Building Code § 1502.1)
MANUFACTURED HOME LAND LEASE COMMUNITY: A parcel of land with necessary
improvements and utilities which is designed to accommodate two or more manufactured homes
on individual spaces but without transfer of title to such spaces. This is often referred to as a
"Manufactured Home Park."
MANUFACTURED HOUSING or MANUFACTURED HOME: A manufactured structure
designed for residential occupancy that conforms to the HUD Code. Construction and safety
certification shall be affixed in the original and permanent condition and shall not be removed.
MANUFACTURING: Mechanical or chemical transformation of materials or substances into
new products, including the assembling of component parts, the manufacturing of products, and
the blending of materials.
MANUFACTURING OR MINING BY-PRODUCT: A material that is not one of the primary
products of a particular manufacturing or mining operation, but is a secondary and incidental
product of the particular operation and would not be solely and separately manufactured or mined
by the particular manufacturing or mining operation. The term does not include an intermediate
manufacturing or mining product which results from one of the steps in a manufacturing or
mining process and is typically processed through the next process step within a short time.
(Source: Virginia Administrative Code 9 VAC 20-80-10)
MARINA: A facility designed for dockage, storing, servicing, berthing, fueling, repairing or
securing of primarily pleasure boats and which may include eating and retail facilities for owners,
members, crews or guests and may have loading and unloading facilities.
(1) Wet slip. A marina where boats are docked and secured in the water. Covered or
uncovered slips may be provided.
(2) Dry storage. A marina where boats are stored on land, either indoors or out, which
may include provisions for transfer to and from the water by mechanical means upon
request.
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The term "marina" also includes any installation, operating under public or private ownership,
which provides dockage or moorage for boats (exclusive of paddle or rowboats) and provides,
through sale, rental or fee basis, any equipment, supply or service (fuel, electricity or water) for
the convenience of the public or its lessee, renters or users of its facilities. (Source: Virginia
Administrative Code 12 VAC 5-570-10)
MARQUEE: Any permanent roof-like structure projecting beyond a building or extending along
and projecting beyond the wall of the building, generally designed and constructed to provide
protection from the weather.
MASONRY UNIT, CLAY: A building unit larger in size than a brick, composed of burned clay,
shale, fire clay or mixtures thereof. (Source: Uniform Statewide Building Code § 2102.1)
MASONRY UNIT, CONCRETE: A building unit or block larger in size than 12 by four by
four inches (305 mm by 102 mm by 102 mm) made of cement and suitable aggregates. (Source:
Uniform Statewide Building Code § 2102.1)
MASONRY UNIT, HOLLOW: A masonry unit whose net cross-sectional area in any plane
parallel to the loadbearing surface is less than 75 percent of its gross cross-sectional area
measured in the same plane. (Source: Uniform Statewide Building Code § 2102.1)
MASONRY UNIT, SOLID: A masonry unit whose net cross-sectional area in every plane
parallel to the loadbearing surface is 75 percent or more of its gross cross-sectional area measured
in the same plane. (Source: Uniform Statewide Building Code § 2102.1)
MASSING: The shape and form of a building provided by all, or a combination of, architectural
elements such as roof configuration, spacing between buildings, setbacks from the street right-ofway, proportion of fenestration and entryways, building form, exterior building materials,
building scale, architectural styles, and landscaping. See Richard Hedman, Fundamentals of
Urban Design (Chicago: American Planning Association, APA Planner's Press, 1985), at 11-19,
which document is hereby incorporated by reference.
MASTER THOROUGHFARE PLAN: The system of arterial roads and collector roads
identified in Figure 6-1 and the Chapter entitled "Master Thoroughfare Plan" of the
Comprehensive Plan, which is hereby incorporated by this reference as if set forth in its entirety
herein.
MATERIAL: Relative to adult businesses, "material' shall mean and include, but not be limited
to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures,
pamphlets, videos, slides, tapes, or electronically generated images or devices including computer
software, or any combination thereof.
MATERIALS RECOVERY FACILITY: A solid waste management facility for the collection,
processing and recovery of material such as metals from solid waste or for the production of a
fuel from solid waste. (Source: Virginia Administrative Code 9 VAC 20-80-10)
MEDICAL CARE FACILITY: Any institution, place, building, or agency, at a single site,
whether or not licensed or required to be licensed by the board or the State Mental Health, Mental
Retardation Intellectual Disability and Substance Abuse Services Board, whether operated for
profit or nonprofit and whether privately owned or operated or owned or operated by a local
governmental unit, (i) by or in which facilities are maintained, furnished, conducted, operated, or
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offered for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or
physical condition, whether medical or surgical, of two or more nonrelated mentally or physically
sick or injured persons, or for the care of two or more nonrelated persons requiring or receiving
medical, surgical, or nursing attention or services as acute, chronic, convalescent, aged,
physically disabled, or crippled or (ii) which is the recipient of reimbursements from third party
health insurance programs or prepaid medical service plans. For purposes of this chapter, only the
following medical care facility classifications shall be subject to review:
(1) General hospitals.
(2) Sanitariums.
(3) Nursing homes.
(4) Intermediate care facilities.
(5) Extended care facilities.
(6) Mental hospitals.
(7) Mental retardation facilities.
(8) Psychiatric hospitals and intermediate care facilities established primarily for the
medical, psychiatric or psychological treatment and rehabilitation of alcoholics or
drug addicts.
(9) Specialized centers or clinics or that portion of a physician's office developed for the
provision of outpatient or ambulatory surgery, cardiac catheterization, computed
tomographic (CT) scanning, gamma knife surgery, lithotripsy, magnetic resonance
imaging (MRI), magnetic source imaging (MSI), positron emission tomographic
(PET) scanning, radiation therapy, nuclear medicine imaging, or such other specialty
services as may be designated by the board by regulation.
(10)
Rehabilitation hospitals.
(11)
Any facility licensed as a hospital.
(Source: Virginia Administrative Code 9 VAC 25-220-10)
MEDICAL CLINIC: An establishment where persons who are not lodged overnight are
admitted for examination and treatment by a group of physicians or similar professionals
practicing together.
MEDICAL FACILITY: Any hospital licensed by the State Board of Health, medical clinic,
physician's office, or other similar or related facility at which medical care and treatment is
available. (Source: Virginia Administrative Code 1 2 VAC 5-30-10; 12 VAC 5-65-10)
MEMBERSHIP CLUB: An organization with established formal membership requirements,
bylaws and objectives, but not including groups organized primarily to provide a profit of the
club or any of its members.
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MEZZANINE: An intermediate level or levels between the floor and ceiling of any story with an
aggregate floor area of not more than one-third of the area of the room in which the level or levels
are located. (Source: Uniform Statewide Building Code § 502.1)
MIGRANT LABOR CAMP or CAMP: Includes one or more structures, buildings, tents,
barracks, trailers, vehicles, converted buildings, and unconventional enclosures of living space,
reasonably contiguous, together with the land appertaining thereto, established, operated, or used
as living quarters for more than ten (10) persons, one or more of whom is a migrant worker
engaged in agricultural or fishing activities, including related food processing. (Source: Virginia
Administrative Code 12 VAC 5-500-10)
MINI-FARM: A farm not exceeding one hundred forty (140) acres which may include, as an
accessory use, a nursery, greenhouse, apiary, or stable, or the production and sale of specialized
agricultural products such as cheese, ham, organic vegetables or meats, angora goats, goat meats,
eggs, or manure bagging.
MINI-WAREHOUSE: A structure consisting of individual, small, self-contained storage spaces
which may be owned, leased or rented to individuals.
MINIMUM ENTRANCE STANDARDS: The VDOT's current Minimum Standards of
Entrances to State Highways, Traffic Engineering Division. (Source: 24 VAC § 30-90-10)
MINOR ARTERIAL: A roadway designated as a "minor arterial" in the Master Thoroughfare
Plan.
MINOR PERMIT: An application for development approval proposing the development of any
of the following:
(1) All new single lot or single unit residential uses on parcels of not less than forty (40)
acres and not within a platted or recorded subdivision;
(2) New home occupations;
(3) The conversion of an existing building or structure from its current or previous use to
a new or substantially different type of activity or use, or a revision or amendment to
an approved development permit, which:
a. Does not significantly intensify vehicular traffic;
b. Does not significantly increase the demand for parking;
c. Does not intensify the likelihood of pedestrian and vehicular conflicts;
d. Does not create unsightly conditions including, but not limited to, unscreened
storage;
e. Does not intensify noise levels or odors;
f.
Does not create dust and dirt conditions;
g. Does not significantly intensify vehicular traffic;
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h. Does not create a sudden change in privacy for adjacent property owner;
i.
Does not intensify lighting and glare conditions; and
(4) All temporary sales uses and temporary structures.
(5) All auxiliary uses to utilities requiring a building permit.
MINOR SUBDIVISION: Any subdivision containing not more than three (3) four (4) lots,
excluding including the parent tract, fronting on an existing street, not involving any new street
or road, or the extension of public facilities or the creation of any public improvements, and not
adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any
provision or portion of the Comprehensive Plan or the Ordinance.
MITIGATION: The concept of mitigation requires the minimization of impacts to existing
vegetation and wildlife habitat as a result of development in the resource area, and that lost
vegetation and wildlife habitat are restored or recreated. If a vegetated area is altered, the site
must be revegetated to the same or greater density, diversity, and volume of vegetation as existed
prior to the alteration. Furthermore, the hydrology of the affected area shall be returned to a level
consistent with its pre-development condition. At a minimum, mitigation shall provide for:
(1) Construction methods that identify and protect riparian habitat that is to be left
unaltered;
(2) Selective clearing or other habitat manipulation;
(3) Replacement of affected vegetation with appropriate plant species in ratios which
will result in simulation of the pre-alteration vegetation within five (5) years;
(4) Periodic monitoring of mitigation features;
(5) Maintenance and replacement of damaged plantings or other defective mitigation
measures.
MIXED RADIOACTIVE WASTE: Radioactive waste that contains a substance which renders
the mixture a hazardous waste. (Source: VC § 10.1-400)
MIXED USE DWELLING: See "Dwelling, Mixed Use."
MIXED USE DEVELOPMENT or MIXED USE PROJECT: Property that incorporates two
or more different uses within a single planned development under a single master plan.
MOBILE HOME: A single-family dwelling, factory built and factory-assembled residence
which does not comply with the National Manufactured Homes Construction Safety and
Standards Act (42 U.S.C. sec. 5401, 1978 as amended) or the Building Code of the City.
MODEL HOME DISPLAY PARK: A single parcel of land including two or more
nonindustrialized unit, industrialized buildings, manufactured homes, mobile homes or modular
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homes as model homes with such units intended for display purposes only and not used
residentially. One or more of such model homes may be used as a sales or business office.
MODERATE INCOME HOUSING: Housing reserved for occupancy or ownership by persons
or households whose annual gross income does not exceed one hundred percent (100) of the area
median household gross income for households of the same size in the Norfolk-Newport NewsVirginia Beach Primary Metropolitan Statistical Area (PMSA), as defined by the U.S.
Department of Housing and Urban Development in 24 C.F.R., Part 813.
MODULAR HOME: See "Dwelling, Modular."
MONITORING: All procedures used to systematically inspect and collect data on operational
parameters of the facility or on the quality of the air, groundwater, surface water or soils. (Source:
Virginia Administrative Code 9 VAC 20-50-40)
MONITORING WELL: A well used to obtain water samples for water quality analysis or to
measure depth to groundwater table. (Source: Virginia Administrative Code 9 VAC 20-50-40)
The term "monitoring well" also includes a well point below the ground surface for the purpose
of obtaining periodic water samples from groundwater for quantitative and qualitative analysis.
(Source: Virginia Administrative Code 9 VAC 20-80-10)
MONOPOLE: A wireless communication facility which consists of a monopolar structure,
erected on the ground to support wireless communication antennas and connecting appurtenances.
A "monopolar structure" is a mount that is self-supporting with a single shaft of wood, steel or
concrete and a platform (or racks) for panel antennas arrayed at the top. Vertical co-locations
often have arrays at intermediate positions on the monopole.
MONUMENT or SURVEY MONUMENT: A permanent structure or edifice used or installed
to mark the position of a survey station.
MOTEL: An establishment providing transient sleeping accommodations with a majority of all
rooms having direct access to the outside without the necessity of passing through the main lobby
of the building.
MOTOR HOME: A vehicular-designed unit built on, or permanently attached to, a selfpropelled vehicle chassis, van, or chassis cab, which is an integral part of the complete vehicle, to
provide temporary living quarters for recreational, camping, or travel use.
MOTOR VEHICLE: See "Vehicle, Motor."
MOUNTAINOUS TERRAIN: That condition where longitudinal and traverse changes in the
elevation of the ground with respect to the road or street are abrupt and where benching and side
hill excavation are frequently required to obtain acceptable horizontal and vertical alignment.
(Source: 24 VAC § 30-90-10)
MULCH: Woody waste consisting of stumps, trees, limbs, branches, bark, leaves and other clean
wood waste which has undergone size reduction by grinding, shredding, or chipping, and is
distributed to the general public for landscaping purposes or other horticultural uses except
composting as defined and regulated under this chapter or the Yard Waste Composting
Regulations (9 VAC 20-90-10 et seq.). (Source: Virginia Administrative Code 9 VAC 20-80-10)
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MULTI-FAMILY DWELLING: See "Dwelling, Multi-Family."
MULTIPLE-FAMILY DWELLING: See "Dwelling, Multiple-Family."
MULTIPLE SINGLE-FAMILY DWELLING: See "Dwelling, Multiple Single-Family."
MUNICIPAL SOLID WASTE: That waste which is normally composed of residential,
commercial, and institutional solid waste. (Source: Virginia Administrative Code 9 VAC 20-8010)
MUSEUM: See "Library" or "Museum." See “Library or Museum”.
NPDES ("NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM"): The
national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and
enforcing permits on waste water discharges and imposing and enforcing pre-treatment
requirements pursuant to §§ 307, 402, 318, and 405 of the Clean Water Act, Pub. L. 92-500, as
amended by Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, and Pub. L. 97-117; 33 U.S.C. §
1251 et seq. or their successor regulations (Source: Virginia Administrative Code 9 VAC 2080-10)
NATIONAL GEODETIC VERTICAL DATUM (NGVD): A fixed reference adopted as a
standard geodetic datum for elevations determined by leveling. Established in 1929. Also referred
to as National Geodetic Vertical Datum of 1929 and Sea Level Datum of 1929. The NGVD is
usually preferred as the primary datum for engineering design. NGVD is derived from a general
adjustment of the first order level nets of both the United States and Canada. It was formerly
called "Sea Level Datum of 1929" or "mean sea level." Although the datum was derived from the
average sea level over a period of many years at 26 tide stations along the Atlantic, Gulf of
Mexico, and Pacific Coasts, it does not necessarily represent local mean sea level at any
particular place.
NATURAL AREA PRESERVE: A natural area that has been dedicated pursuant to Code of
Virginia, § 10.1-213 or its successor regulations. (Source: Virginia Administrative Code 9 VAC
15-20-10)
NATURAL HAZARD: A geologic, floodplain, or wildfire hazard as identified by a State or
federal agency.
NATURAL HERITAGE RESOURCES: The habitat of rare, threatened or endangered plant
and animal species, rare or state significant natural communities or geologic sites, and similar
features of scientific interest benefitting the welfare of the citizens of the Commonwealth.
(Source: Virginia Administrative Code 9 VAC 15-20-10)
NATURAL HERITAGE SURVEY: A survey undertaken to establish the presence or absence
of natural heritage resources, and any related and necessary management plans developed to
conserve such resources. (Source: Virginia Administrative Code 9 VAC 15-20-10)
NATURAL RESOURCE: Existing natural elements relating to land, water, air, plant and animal
life, including, but not limited to soils, geology, topography, surface and subsurface waters,
wetlands, vegetation and animal habitats.
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NEIGHBORHOOD: For purposes of Section 31-411(g), the built-up area planned for
development within a TND, including blocks, streets, squares and parks, but excluding greenbelts
or other open green periphery areas.
NET ACRES: The total number of acres subject to an application for development approval
excluding the following:
(1) Any areas reserved for arterial or collector street right-of-way; and
(2) Any areas reserved for schools and public sites.
NET AREA: The area of a lot or parcel, excluding all dedicated streets or alleys, or alley
easements, and Critical Areas.
NET FLOOR AREA: The square footage of the primary use area of a building including
restrooms, hallways and stairwells, but not including normally unoccupied areas such as garages,
storage rooms, furnace areas, stairways, elevator shafts, elevator lobbies, rest rooms, mechanical
areas, security areas or services areas.
NIGHTCLUB: A bar, restaurant, or similar establishment where a dance floor or live
entertainment is provided.
NODE: An identifiable grouping of uses subsidiary and dependent upon a larger urban grouping
of similar or related uses. For the purposes of Section 31- 612 of this Ordinance, the terminus
or the intersections of two (2) or more streets.
NONCOMMUNITY WATER SYSTEM: A waterworks that is not a community waterworks,
but operates at least 60 days of the year and is for transient use such as restaurants, campgrounds,
or rest areas. (Source: Virginia Administrative Code 9 VAC 20-50-40)
NONCONFORMING: A legal use, structure, and/or development which existed prior to the
adoption of this Ordinance or any amendment thereto, which does not presently conform to this
Ordinance or its amendments.
NONCONFORMING ACCESS FEATURES: Features of the access system of a property that
existed prior to the date of Ordinance adoption and do not conform with to the requirements of
this Ordinance.
NONCONFORMING LOT: A lawfully created lot of record, the area, dimensions or location
of which complied with the regulations in effect at the time of lot creation, but which fails by
reason of adoption of or subsequent amendment to this Ordinance to conform to the present
requirements of the zoning district in which located.
NONCONFORMING STRUCTURE OR BUILDING: A lawfully constructed structure or
building, the size, dimensions or location of which complied with the regulations in effect at the
time of the construction, but which fails by reason of adoption of or subsequent amendment to
this Ordinance to conform to the present requirements of the zoning district in which located.
NONCONFORMING USE: A lawfully established use or activity which complied with the
regulations in effect at the time of its establishment, but which fails by reason of adoption of or
subsequent amendment to this Ordinance to conform to the present requirements of the zoning
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district in which located. For purposes of Section 31-801 of this Ordinance, a "non-conforming
use" shall include any use which is more restricted than the use existing as of the date that the use
became non-conforming (see Source: Code of Virginia, § 15.2-2307 or its successor
regulations).
NON-POINT SOURCE: Generalized discharge of waste which cannot be located as to a
specific source into a water body.
NON-PROFIT: Organizations which qualify for exemption from federal income taxes pursuant
to Section 501(c)(3) of the Internal Revenue Code, and for which an application for exemption
thereto has been approved by the federal Internal Revenue Service.
NONRESIDENTIAL STREET: A subdivision street adjacent to property that is anticipated to
develop for purposes other than residential use. (Source: Virginia Administrative Code 24 VAC
§ 30-90-10)
NONRESIDENTIAL ZONING DISTRICT: Any zoning district of the following
classifications: B-1, B-2, O-I, CP, M-1 or M-2.
NONRESTRICTIVE MEDIAN: A median or painted centerline that does not provide a
physical barrier between traffic traveling in opposite directions or turning left, including
continuous center turn lanes and undivided roads.
NONSUDDEN EVENTS: Those events continuing for an extended time period or for long term
releases of contaminants into the environment which take place over time such as leachate
contamination of groundwater. (Source: 9 VAC 20-80-10)
NONTIDAL WETLANDS: Those wetlands other than tidal wetlands that are inundated or
saturated by surface or ground water at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions, as defined by the U. S. Environmental Protection Agency pursuant to
Section 404 of the federal Clean Water Act, in 33 C.F.R. 328.3b, dated November 13, 1986 or its
successor regulations. (Source: Virginia Administrative Code 9 VAC 15-20-10)
NOXIOUS WEEDS: Weeds that are difficult to control effectively, such as Johnson Grass,
Kudzu and multiflora rose.
NUISANCE: An activity which unreasonably interferes with an individual's or the public's
comfort, convenience or enjoyment such that it interferes with the rights of others by causing
damage, annoyance, or inconvenience. (Source: Virginia Administrative Code 9 VAC 20-80-10)
NURSERY: A place where plants are raised, acquired, and maintained for transplanting or sale.
It may also include, either exclusively or in conjunction with the above activities, the sale of
materials commonly used for landscaping purposes, such as soil, rock, bark, mulch and other
materials determined by the Director to be landscaping materials. Sale or rental of small
landscaping tools and supplies may be an accessory use. Also includes the phrase "Landscaping
Materials."
NURSERY SCHOOL/PRESCHOOL: A school and/or care facility which is licensed by the
State and is maintained for the whole, or part of, the day for six (6) or more than six children.
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NURSERY, WHOLESALE/COMMERCIAL: The use of the land for a bona fide agricultural
operation where plants are raised, acquired and maintained for transplanting or sale, and
including the customary accessory uses which are normally associated with such activities of a
nursery.
NURSING FACILITY: Any institution or any identifiable component of any institution, as
defined in Code of Virginia, § 32.1-123 or its successor regulations, with permanent facilities
that include inpatient beds, whose primary function is the provision, on a continuing basis, of
nursing and health related services for the treatment of individuals who may require various types
of long-term care, including facilities known by varying nomenclature or designation such as
convalescent homes, nursing homes, nursing or nursing care facilities, skilled nursing or skilled
care facilities, intermediate care facilities or extended care facilities. (Source: Virginia
Administrative Code 9 VAC 5-371-10)
NURSING HOME: Those facilities or components thereof licensed by the Virginia Department
of Health, with permanent facilities that include inpatient beds, whose primary function is the
provision, on a continuing basis, of nursing and health related services for the treatment of
individuals who may require various types of long-term care, including facilities known by
varying nomenclature or designation such as convalescent homes, skilled nursing facilities or
skilled care facilities, intermediate care facilities, extended care facilities and nursing or nursing
care facilities. (Source: Virginia Administrative Code 12 VAC 5-360-10, 12 VAC 5-371-10, 12
VAC 5-410-10)
NURSING SERVICES: Patient care services pertaining to the curative, palliative, restorative, or
preventive aspects of nursing that are prepared or supervised by a registered nurse. (Source:
Virginia Administrative Code 12 VAC 5-410-10)
OBSTRUCTION: Any physical alteration in, to, along, across, or projecting into any
watercourse which may impede, retard or change the direction of the flow of water, either in
itself or by catching or collecting debris carried by such water, or that is placed where a flow of
water might carry the same downstream. Further, as this definition may relate to floodplains,
(Relating to floodplains) A a dam, wall, embankment, levee, dike, pile, abutment, projection,
excavation, channel rectification, culvert, building, fence, stockpile, refuse, fill, structure or
material, in, along, across, or projecting into any drain way, channel, or watercourse, which might
impede, retard or change the direction of the flow of water, either by itself or by catching and
collecting debris carried by the water, or which is placed where the 100-year flood may carry the
debris downstream.
OBSTRUCTION: Any physical alteration in, to, along, across, or projecting into any
watercourse which may impede, retard or change the direction of the flow of water, either in itself
or by catching or collecting debris carried by such water, or that is placed where a flow of water
might carry the same downstream.
OCCUPANCY: The purpose for which a building or portion thereof is used. (See Source:
Uniform Statewide Building Code, § 202.0)
OCCUPANCY, CHANGE OF: A change in the purpose or level of activity within a structure
that involves a change in application of the requirements of this Ordinance. (See Source:
Uniform Statewide Building Code, § 202.0)
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OCCUPIABLE SPACE: A room or enclosed space designed for human occupancy in which
individuals congregate for amusement, educational or similar purposes, or in which occupants are
engaged at labor; and which is equipped with means of egress and light and ventilation facilities
meeting the requirements of this Ordinance. (Source: Uniform Statewide Building Code §
1202.1)
OCCUPIED: As applied to a building, shall be construed as though followed by the words "or
intended, arranged or designed to be occupied." (See Source: Uniform Statewide Building Code,
§ 202.0)
OFFICE: The facilities in which the administrative activities, record keeping, clerical work and
other similar affairs of a business, profession, service, industry, or government are conducted and,
in the case of professions such as dentists, physicians, lawyers or engineers, the facilities where
such professional services are rendered.
OFFICE BUILDING: A building that is used primarily for conducting business transactions
other than retail sales. (Source: Virginia Administrative Code 24 VAC § 30-90-10)
OFFICE PARK: A comprehensively planned and unified office oriented development
containing at least two (2) separate buildings on at least five (5) acres and protected by covenants
and restrictions designed to control such things as architectural design, building facades,
landscaping, screening, buffering and environmental protection. Office parks typically have a
mixture of office, service, professional, and commercial activities and are designed to incorporate
aesthetic and service amenities for the employees and patrons of the establishments located
within the park.
OFF-SITE: Any premises not located within the area of the property to be subdivided or
developed, whether or not in the common ownership of the applicant for subdivision or
development approval. The term "off-site" also includes any site that does not meet the definition
of on-site as defined in this part. (Source: Virginia Administrative Code 9 VAC 20-80-10)
OFF-STREET PARKING SPACE: The space required to park one vehicle, exclusive of access
drives, and not on a public right-of-way.
ONE-FAMILY DWELLING: See "Dwelling, One-family."
ONE HUNDRED-YEAR (100-YEAR) FLOODPLAIN: The low land near a watercourse
which has been, or may be, covered by water of a flood of 100-year frequency, as established by
engineering practices of the U.S. Army Corps of Engineers. It shall also mean that a flood of this
magnitude may have a one percent change chance of occurring in any given year.
ON-SITE: With regard to mitigation, "on-site" means restoration or replacement of a wetland or
tidal marsh at or very near the site where a wetland or tidal marsh has been or will be degraded by
regulated activity. The term "on-site" also includes the same or geographically contiguous
property which may be divided by public or private right-of-way, provided the entrance and exit
to the facility are controlled by the owner or the operator of the facility. Non-contiguous
properties owned by the same person, but connected by a right-of-way which he controls and to
which the public does not have access, is also considered on-site property. (Source: Virginia
Administrative Code 9 VAC 20-80-10)
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ON-SITE INDUSTRIAL WASTE LANDFILL: On property owned and operated by the
industrial facility supported. Access is controlled and limited to the supported industrial facility.
(Source: Virginia Administrative Code 9 VAC 20-80-10)
OPEN BURNING: The combustion of solid waste without:
(1) Control of combustion air to maintain adequate temperature for efficient combustion;
(2) Containment of the combustion reaction in an enclosed device to provide sufficient
residence time and mixing for complete combustion; or and
(3) Control of the combustion product's emission.
(Source: Virginia Administrative Code 9 VAC 20-80-10)
OPEN DUMP: A site on which any solid waste is placed, discharged, deposited, injected,
dumped or spilled so as to create a nuisance or present a threat of a release of harmful substances
into the environment or present a hazard to human health. (Source: Code of Virginia, § 10.1-400
or its successor regulations)
OPEN MINING: The mining of natural mineral deposits by removing the overburden lying
above such deposits and mining directly from the deposits exposed. The term includes, but is not
limited to, such practices as open cut mining, open pit mining, strip mining, quarrying and
dredging.
OPEN SPACE: An area that is intended to provide light and air, and is designed, depending
upon the particular situation, for environmental, scenic or recreational purposes. Open space may
include but need not be limited to, lawns, decorative plantings, bikeways, walkways, outdoor
active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas,
green ways and water courses. The computation of open space shall not include driveways,
parking lots or other surfaces designed or intended for motorized vehicular traffic, or to buildings.
The term "open space" also includes any land, water, or submerged land which is provided for,
preserved for, or used for (i) park or recreational purposes, (ii) conservation of land or other
natural resources, (iii) cultural, historic or scenic purposes, (iv) assisting in the shaping of the
character, direction, and timing of community development, or (v) nontidal or tidal wetlands.
(Source: Virginia Administrative Code 9 VAC 15-20-10)
OPEN SPACE, ACTIVE: Any park and recreational facility that is not dependent upon a
specific environmental or natural resource, which is developed with recreation and support
facilities that can be provided anywhere for the convenience of the user. Activity-based recreation
areas include, but are not limited to, playgrounds, golf courses, bicycle trails, baseball or softball
fields, football or soccer fields, basketball courts, tennis courts, picnic areas, playgrounds, and
trails.
OPEN SPACE, COMMON: Open space within or related to a development, not a part of
individually owned lots or dedicated for general public use, but designed and intended for the
common ownership, use and enjoyment of the residents of the development.
OPEN SPACE LAND: As defined in Code of Virginia, § 10.1-1700, as may be amended from
time to time.
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OPEN SPACE, PASSIVE: Areas in and located due to the presence of a particular natural or
environmental setting and which may include conservation lands providing for both active and
passive types of resource-based outdoor recreation activities that are less formalized or programoriented than activity-based recreation. Resource-based outdoor recreation means and refers to
activities requiring a natural condition that cannot easily be duplicated by man and includes, but
is not limited to, boating, fishing, camping, enhancement areas, nature trails and nature study.
OPERATOR, LIVESTOCK RAISER, DAIRY OPERATOR, POULTRY GROWER: For
purposes of Section 31-702(f), the owner and/or operator of the livestock, dairy, or poultry
facility.
ORDINANCE: Unless otherwise specified, the term "Ordinance" refers to this Unified
Development Ordinance.
OTHER ANIMALS: Those animals not defined elsewhere in this Appendix as household pets
or agricultural animals.
OUTBUILDING: An accessory use building, for residential, parking, or storage use only,
contiguous with the rear lot line, of a maximum of twenty-four (24) feet in height and having a
maximum building footprint of five hundred (500) gross square feet.
OUTDOOR ADVERTISING FIXTURE(S), APPROVED BOTTOM-MOUNTED: An
approved fixture design shall mean a system of lighting which is installed at the lower portion of
an outdoor advertising sign board and consists of no more than four (4) individual fixtures (or
lamps) per sign face; produces a maximum of forty thousand (40,000) lumens per fixture; and
spills or casts beyond the sign face no more than one thousand seventeen (1,017) lumens per
fixture.
OUTDOOR CULTURAL EVENTS: Entertainment, educational and cultural events generally
involving the outdoor assembly of fifty (50) or more people.
OUTDOOR DISPLAY: A temporary form of advertisement involving the arrangement of
representative samples of items offered for sale on the premises of a business establishment.
OUTDOOR EVENT, TEMPORARY: A temporary commercial amusement activity such as a
carnival, circus, dance, rodeo and outdoor cultural events.
OUTDOOR LIGHT FIXTURES: "Outdoor light fixture" means outdoor artificial illuminating
devices, lamps and other devices, permanent or portable, used for illumination or advertisement.
Such devices shall include, but are not limited to, search, spot or flood lights for buildings and
structures, recreational areas, parking lot lighting, landscape lighting, billboards and other signage
and street lighting.
OUTDOOR RENTAL YARD: An establishment, located fully or partially outside of an
enclosed structure, that offers goods for rent primarily for outdoor use.
OUTDOOR RETAIL SALES: An establishment, located fully or partially outside of an
enclosed structure, that offers goods for sale primarily for outdoor use, including, but not limited
to home improvement and building materials, statuary, garden equipment, and plants, but not
including vehicle and boat sales or machinery and equipment sales.
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OUTDOOR STORAGE OR LOADING: The keeping or loading of any goods or materials,
excluding junk or solid waste, outside of a building for a period of time comprising twenty-four
(24) continuous hours or more.
OUTDOOR STORAGE AND DISPLAY STANDARDS: See Section 31-609 of this
Ordinance.
OUTPARCEL: A parcel of land abutting and external to the larger, main parcel, which is under
separate ownership and has roadway frontage.
OVERBURDEN: All the earth and other materials which lie above natural mineral deposits or
materials disturbed from their natural state in the process of mining and/or other development.
OVERLAY REGULATIONS: Requirements, as specified in this Ordinance, which supplement
and apply in addition to those normally applicable in a particular zoning district.
OWNER: The owner or owners of the freehold of the premises or lesser estate therein, a
mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee or lessee in
control of a building or structure. (See Source: Uniform Statewide Building Code, § 202.0)
PD: Planned development which is a form of development characterized by unified site design
for a variety of types and densities of development and as more specifically defined in Code of
Virginia § 15.2-2201 and Section 31-410 of this Ordinance. (Source: Virginia Administrative
Code 24 VAC 30-90-10)
PARCEL: A contiguous quantity of land in the possession of or owned by, or recorded as the
property of, the same person or persons.
PARCEL IDENTIFICATION NUMBER: A number or series of numbers assigned by the City
which uniquely identifies each parcel of land in the City.
PARK: Any public or private land available for recreational, educational, cultural, or aesthetic
use.
PARKING, COMMERCIAL: The principal use of a lot or parcel as a parking lot or parking
garage.
PARKING GARAGE: An attached or detached building which is intended for the storage of
motor vehicles and is available for use by the general public for free or for a fee, including any
public garage.
PARKING LOT: An area not within a building where motor vehicles may be stored for the
purpose of temporary, daily, or overnight off-street parking.
PARKING, OFF-STREET: Space provided for vehicular parking outside the dedicated street
right-of-way, and including any area necessary for ingress or egress.
PARKING SPACE: A permanently surfaced area, enclosed or unenclosed, which permits
ingress and egress of an automobile.
PARKING AND LOADING STANDARDS: See Section 31-606 of this Ordinance
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.
PARKS AND OPEN SPACE STANDARDS: See Section 31-607 of this Ordinance.
PARKWAY: A special scenic route or park drive generally designated by a name.
PARTIALLY SHIELDED: "Partially shielded" means that fixtures are shielded in such a
manner that the bottom edge of the shield is below the plane of the center line of the lamp
reducing light above the horizontal, as certified by photometric test report.
PARTICULATE: Any finely divided solid or liquid material.
PASTURE: Land on which animals feed directly on feed crops such as legumes, grasses, grain
stubble, or stover. (Source: Virginia Administrative Code 9 VAC 25-31-500)
PATH, BICYCLE (BIKE PATH): A hard surfaced path for bicycles. The bikeway is physically
separated from motorized vehicular traffic by an open space barrier and either within the highway
right-of-way or within an independent right-of-way.
PATH, MULTI-USE: A pathway, which may be paved or unpaved, and is physically separated
from motorized vehicular traffic by an open space or barrier and is either within the highway
right-of-way or within an independent tract, or easement. Multi-use path activities may include
walking, hiking, jogging, horseback riding, bicycling, and roller skating.
PATIO HOME: See "Dwelling, Patio Home."
PAVEMENT DESIGN GUIDE: The current edition of the Pavement Design Guide for
Subdivision and Secondary Roads in Virginia, Materials Division and Transportation Research
Council. (Source: 24 VAC § 30-90-10)
PAWN SHOP: A place of business where a pawnbroker shall in any manner lend or advance
money or other things for profit on the pledge and possession of personal property or other
valuable things other than securities or written or printed evidences or indebtedness, or who deals
in the purchasing of personal property or other valuable things on condition of selling the same
back to the seller at a stipulated price.
PEAK PERIOD (ALSO PEAK HOUR): The period or hour in which the heaviest traffic
volume occurs on a roadway or within a network.
PEDESTRIAN PATH: An improvement located within a public or private right-of-way which is
designed primarily for the use of pedestrians and/or bicyclists.
PEDESTRIAN RIGHT-OF-WAY: A right-of-way or easement dedicated for public pedestrian
access.
PENTHOUSE: An enclosed structure above the roof of a building, other than a roof structure or
bulkhead, occupying not more than 33 1/3 percent of the roof area. (Source: Uniform Statewide
Building Code Section 1502.1)
PERFORMANCE GUARANTEE OR PERFORMANCE SURETY: A financial guarantee to
ensure that all improvements, facilities, or work required by this Ordinance will be completed in
compliance with the Ordinance, regulations, and the approved plans and specifications of a
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development. A performance guarantee or surety may include a bond, irrevocable letter of credit,
cash deposit or other form of surety permitted by this Ordinance.
PERFORMANCE STANDARDS: See Section 31-608 of this Ordinance.
PERFORMER: Any person who is an employee or independent contractor of the adult business,
or any person who, with or without any compensation or other form of consideration, performs
live entertainment for patrons of an adult business
PERMIT MANUAL: The VDOT's current Land Use Permit Manual, Maintenance Division.
(Source: 24 VAC § 30-90-10)
PERSON: Includes a corporation, firm, partnership, association, organization and any other
group acting as a unit as well as individuals. It shall also include an executor, Administrator,
trustee, receiver or other representative appointed according to law. Whenever the word "person"
is used in any Section of this Ordinance prescribing a penalty or fine, as to partnerships or
associations, the word shall include the partners or members thereof, and as to corporations, shall
include the officer, agents or members thereof who are responsible for any violation of such
Section. (See Source: Uniform Statewide Building Code, § 202.0)
PERSONAL SERVICES: Any establishment primarily engaged in the repair, care of,
maintenance or customizing of personal properties that are worn or carried about the person or
are a physical component of the person, including barber shops, beauty parlors, laundering,
cleaning and other garment services, tailors, shoe repair, and similar establishments. (See NAICS
812)
PET SHOP: An establishment where companion animals are bought, sold, exchanged, or offered
for sale or exchange to the general public.
PETITIONER: An applicant.
PETROLEUM PRODUCTS: Petroleum-based substances comprised of a complex blend of
hydrocarbons derived from crude oil such as motor fuels, jet fuels, distillate fuel oils, residual fuel
oils, lubricants, petroleum solvents and used oils. "Petroleum products" does not include
hazardous waste as defined by the Virginia Hazardous Waste Regulations, .9 VAC 20-60-10 et
seq. (Source: Virginia Administrative Code 9 VAC 25-120-10)
PHARMACY: An establishment solely devoted to the practice of dispensing drugs, medicines or
medical chemicals and the compounding of prescriptions in accordance with state law.
PHASED DEVELOPMENT (STREETS): The method outlined in 24 VAC 30-90-140 or its
successor regulations whereby the acceptance of certain subdivision streets into the secondary
system of state highways may be considered prior to their complete development in accordance
with all applicable requirements. (Source: 24 VAC 30-90-10)
PHASED SUBDIVISION APPLICATION OR PHASED SITE PLAN APPLICATION: An
application for subdivision or site plan approval in which the applicant proposes to immediately
subdivide or develop the property but will develop in one or more individual phase(s) over a
period of time. A phased subdivision application may include an application for approval of, or
conversion to, horizontal or vertical condominiums, non-residential development projects,
planned unit developments, mixed-use projects, and residential developments. A phased
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subdivision application or phased site plan application must be filed as part of an application for a
specific plan or master preliminary plan.
PHYSICALLY DISABLED PERSON: An individual who has a physical impairment,
including impaired sensory, manual or speaking abilities, that results in a functional limitation in
gaining access to and using a building or facility. (Source: Uniform Statewide Building Code §
1102.1)
PILE: Any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for
treatment or storage. (Source: Virginia Administrative Code 9 VAC 20-50-40)
PILINGS: Foundational structures placed into the earth to secure buildings and other structures.
PIPELINE: All new and existing pipe, rights-of-way, and any equipment, facility, or building
used in the transportation of oil, including, but not limited to, line pipe, valves and other
appurtenances connected to line pipe, pumping units, fabricated assemblies associated with
pumping units, metering and delivery stations and fabricated assemblies therein, and breakout
tanks. (Source: Virginia Administrative Code 9 VAC 25-90-10)
PIPELINE CORRIDOR: Those areas which pipeline systems pass through or will be
constructed to pass through, including associated easements, leases, or rights-of-way. (Source:
Virginia Administrative Code 9 VAC 15-20-10)
PIPELINE SYSTEMS: All parts of those physical facilities through which gas or oil moves in
transportation, including but not limited to pipes, valves, and other appurtenances attached to
pipes such as compressor units, metering stations, regulator stations, delivery stations, holders, or
other related facilities. (Source: Virginia Administrative Code 9 VAC 15-20-10)
PLACE: A short curvilinear or diagonal street generally designated by a name.
PLACE OF WORSHIP: A building or structure, or group of buildings or structures, which by
design and construction are primarily intended for the conducting of organized religious services
and accessory uses associated therewith. The term "place of worship" is not to be construed in
any way to include private residences within which religiously related gatherings are conducted.
PLANNED CAPACITY: The capacity to be added by planned capital improvements.
PLANNED CAPITAL IMPROVEMENT: See "Capital Improvement, Planned."
PLANNED DEVELOPMENT (PD): An area of land zoned and improved as a development for
which the otherwise applicable bulk use and other requirements may be modified in order to
allow for more flexible planning in conformance with the development approval process.
PLANNED (OR MASTER PLANNED) DEVELOPMENT: An area planned and developed
under a single master plan and containing one (1) or more land uses.
PLANNING COMMISSION: The City of Suffolk Planning Commission. Also referred to as
the "Commission."
PLANS, ENGINEERING OR ENIGNEERING PLANS: The standard drawings, including
profile and roadway typical section, which show the location, character, dimensions and details
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for the proposed construction and associated stormwater and utility infrastructure of the
subdivision street. (Source: 24 VAC § 30-90-10)
PLANT NURSERY: The use of land buildings, or structures for the growth and production of
plant materials for sale.
PLANT NURSERY, RETAIL SALES: The use of land, buildings, or structures for the sales of
plant materials, landscape materials, and fertilizer, excluding production of plant materials.
PLANTING AREA: The area within which vegetation is installed which provides a sufficient
bed to maintain and ensure the survival of trees and other vegetation.
PLAT: A plan or map of a tract or parcel of land, meeting the requirements of this Ordinance,
which is to be or has been subdivided. As a verb, the term is synonymous with subdivide. The
term "plat" also includes the schematic representation of the land divided or to be divided.
(Source: Virginia Administrative Code 24 VAC § 30-90-10)
PLAT, PRELIMINARY: A proposed schematic representation or map indicating the
proposed layout of a subdivision or site plan that is submitted to the Decisionmaker for
preliminary approval.
PLOT PLAN: A plan prepared in accordance with Section B-7 of Appendix B, and which is
required for a certificate of zoning compliance, a building permit, or any other permit where
required by this Ordinance.
POINT SOURCE: Any discernible confined and discrete conveyance, including but not limited
to any pipe, ditch, channel, tunnel, conduit, well, fissure, contained, rolling stock, concentrated
animal feeding operation, or vessel or other floating craft, from which pollutants are or may be
discharged. (Source: 9 VAC 25-31-10) This term does not include return flows from irrigated
agriculture. (Source: Virginia Administrative Code 9 VAC 20-50-40)
POLLUTANT: Any substance which causes or contributes to, or may cause or contribute to,
environmental degradation when discharged into the environment. (Source: Virginia
Administrative Code 9 VAC 20-80-10)
PORTABLE SIGN: See Uniform Statewide Building Code, § 3102.2.
POULTRY: All domestic fowl and game birds raised in captivity.
POULTRY FACILITY: See "Livestock Facility."
POULTRY GROWER: See "Operator."
PRACTICABLE ALTERNATIVE: An alternative to a proposed project which is available and
capable of being executed after taking into consideration cost, existing technology, and logistics
in light of overall project purposed, and having less impacts to wetlands or tidal marshes. It may
involve using an alternative site in the general region that is available to the developer and may
feasibly be used to accomplish the project, as determined by the United States Army Corps of
Engineers.
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PREEXISTING TOWERS AND PREEXISTING ANTENNAS: Any tower or antenna for
which a building permit has been properly issued prior to the effective date of this Ordinance,
including permitted towers or antennas that have not yet been constructed so long as such
approval is current and not expired.
PRELIMINARY PLAT: See “Plat, Preliminary”
PRIMITIVE CAMPS: Camps which are characterized by the absence of what is generally
understood as modern conveniences such as water- flushed toilets, showers and electrical
connections. A campground shall be classified as a primitive camp when half or more of the
required number of toilet seats are nonflush type. (Source: Virginia Administrative Code 12 VAC
5-450-10; 22 VAC 15-30-10)
PRINCIPAL ARTERIAL: Streets which provide a network of continuous routes serving intraand inter-state travel as well as inter- and intra-urban travel.
PRINCIPAL BUILDING OR STRUCTURE: A building or structure or, where the context so
indicates, a group of buildings or structures, in which the primary use of a lot or parcel is
conducted.
PRINCIPAL STRUCTURE: The structure in which the principal use of a property is
conducted. This shall include any buildings which are attached to the principal structure by a
covered structure.
PRINCIPAL USE: The primary or main use of land or structures, as distinguished from a
secondary or accessory use.
PRINTING SERVICES: An establishment that provides blueprinting, lithography, or other
commercial printing service, but not including photocopy centers.
PRIVATE: Anything not owned or operated by the federal government, state government, or any
political subdivision.
PRIVATE CLUBS: A building and related facilities owned and operated by a corporation,
association, or group of individuals established for the fraternal, social, educational, recreational,
or cultural enrichment of its members and not primarily for profit, and whose members meet
certain prescribed qualifications for membership.
PRIVATE ROAD: Any road or thoroughfare for vehicular travel which is privately owned and
maintained and which provides the principal means of access to abutting properties.
PRIVATE SCHOOL: A school operated by private interests as a substitute for instruction
required in state-supported public schools.
PRIVATE SOLID WASTE DISPOSAL FACILITY: Any solid waste disposal facility
including, without limitations, all solid waste disposal facilities other than facilities owned or
operated by a local government, combination of local governments or public service authority.
(Source: Virginia Administrative Code 9 VAC 20-80-10)
PRIVATE STREETS: Subdivision streets which are not intended to be accepted into the
secondary system state highways. (Source: Virginia Administrative Code 24 VAC § 30-90-10)
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PRIVATE USE: One which is restricted to the occupants of a lot or building together with their
guests, where compensation for such use is not received, and where no business or commercial
activity is associated with such use or building.
PRIVATE UTILITIES: Includes power, telephone, natural gas, cable television and private
water supply service.
PRIVATE WATER SYSTEM: All systems not defined under community/noncommunity water
systems. (Source: Virginia Administrative Code 9 VAC 20-50-40)
PRIVATELY OWNED TREATMENT WORKS (PVOTW): Any sewage treatment works not
publicly owned. (Source: Virginia Administrative Code 9 VAC 25-32-10)
PRO RATA: The concept whereby the cost and responsibility of developing a storm drainage
system capable of passing the design storm at ultimate development is shared by both the City
and developers.
PRO RATA FACILITY: Any facility identified in the Stormwater Capital Improvement
Program.
PRO RATA SHARE: That proportionate share of total estimated cost of ultimate drainage
facilities required to adequately serve a related and common area, when and if fully developed in
accord with the adopted comprehensive plan, which shall be borne by each subdivider or
developer within the area.
PRODUCE STAND: See "Fruit and Vegetable Stand."
PRODUCTION WELL: A well, related production facilities and equipment and activities
related to the drilling of a well for the purpose of developing and producing, or converting an
exploratory well to develop or produce, oil or gas from geological strata for the purpose of sale,
exchange, transfer or use by the owner or for the purpose of exchange, transfer, sale or use by any
other person. (Source: Virginia Administrative Code 9 VAC 15-20-10)
PROFESSIONAL OFFICE: An office of a member of a recognized profession maintained for
the conduct of that profession and not including storage or sale of merchandise as a primary use.
PROJECTED TRAFFIC: The number of vehicles, normally expressed in average daily traffic
(ADT), forecast to travel over the segment of the subdivision street involved. (Source: Virginia
Administrative Code 24 VAC § 30-90-10)
PROJECTION: The distance by which a sign extends over public property.
PROPERTY OWNERS ASSOCIATION: As defined in Section 55-509, Code of Virginia, a
property owners association means an incorporated or unincorporated entity upon which
responsibilities are imposed and to which authority is granted in a declaration. The term includes
homeowners' associations; however, it shall not include condominium, cooperative, timeshare, or
membership owners associations.
PUBLIC: Anything owned or operated by the federal government, state government, local
government or any political subdivision.
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PUBLIC ASSEMBLY, INDOORS: A building or indoor facility for the purpose of, but not
necessarily limited to banquet halls, auditoria, private clubs and lodges, conference centers, and
theaters, including kitchen for the preparation of food to be consumed at the premises. A building
or indoor facility where large numbers of individuals collect to participate or to observe
programs of participation. Examples of public assembly shall include but may not be
limited to auditoriums, stadia, gymnasiums, field houses, banquets rooms, conference
centers, theaters and the like.
PUBLIC ASSEMBLY, OUTDOOR: See "Amusement Center, Outdoor."
PUBLIC FACILITIES: Capital improvements including water facilities, wastewater facilities,
stormwater management facilities, public schools, parks and open space, and streets.
PUBLIC HEARING: A public meeting for which public notice has been given and an
opportunity for public testimony is provided.
PUBLIC LAND FOR DEDICATION AND OWNERSHIP: Parks, playgrounds, schools,
drainage channels, trails, highways, roads and streets or other areas of land accepted by the City
Council and dedicated for the public's use or benefit.
PUBLICLY OWNED TREATMENT WORKS (POTW): Any sewage treatment works that is
owned by a state or municipality. Sewers, pipes, or other conveyances are included in this
definition only if they convey wastewater to a POTW providing treatment. (Source: Virginia
Administrative Code 9 VAC 25-32-10)
PUBLIC MEETING: A meeting of a board, Planning Commission, City Council or their
representatives where the public may attend.
PUBLIC NOTICE: Notice to the public of a public hearing or meeting as required by state or
local law.
PUBLIC RIGHT-OF-WAY: Any street, road, highway, alley, or pedestrian/bicycle way or
other special purpose way or utility installation owned by, or reserved to, the public for present or
future public use.
PUBLIC ROAD: A road under the jurisdiction of a public body that provides the principal
means of access to an abutting property and is designed and constructed in accordance with water
quality protection criteria at least as stringent as requirements applicable to the Virginia
Department of Transportation, including regulations promulgated pursuant to (i) the Erosion and
Sediment Control Law (Section 10.1-560 et. seq. of the Code of Virginia) and (ii) the Virginia
Storm Water Management Act (Section 10.1-603.1 et. seq. of the Code of Virginia). This
definition includes those roads where the Virginia Department of Transportation exercises direct
supervision over the design or construction activities, or both, and cases where secondary roads
are constructed or maintained, or both, by the City of Suffolk in accordance with those standards.
PUBLIC SCHOOLS: Elementary schools, middle schools or high schools and charter schools,
capital equipment provided therein and the land needed for public schools which are owned and
operated by the applicable school district.
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PUBLIC SEWER SYSTEM: A sewer system owned and operated by a municipality, county,
service authority or sanitary district.
PUBLIC SWIMMING POOL: Any swimming pool or spa, other than a private residential
swimming pool or spa, intended to be used collectively by numbers of persons for swimming or
bathing and operated by any person, whether as owner, lessee, operator or concessionaire,
regardless of whether a fee is charged for such use. The term "public swimming pool" includes,
but is not limited to, tourist establishment pools, pools owned or operated by a condominium,
private club or association of persons, apartment, or any association of persons. The term "public
swimming pool" shall not include single occupant tanks and showers used exclusively for
therapeutic purposes. (Source: Virginia Administrative Code 12 VAC 5-462-10)
PUBLIC USE: A use which is owned by, and operated for, the public by a public entity.
PUBLIC WATER SYSTEM: A water system owned and operated by a municipality, county,
service authority or sanitary district.
QUADRUPLEX DWELLING: See "Dwelling, Quadruplex."
QUALIFIED GROUNDWATER SCIENTIST: A scientist or engineer who has received a
baccalaureate or post-graduate degree in the natural sciences or engineering and has sufficient
training and experience in groundwater hydrology and related fields as may be demonstrated by
state registration, professional certifications, or completion of accredited university programs that
enable that individual to make sound professional judgments regarding groundwater monitoring,
contaminant fate and transport, and corrective action. (Source: Virginia Administrative Code 9
VAC 20-80-10)
QUALIFIED LANDSCAPE ARCHITECT: A person with at least a four year degree in the
field of landscape architecture from an accredited university offering such a degree.
RAILROAD SWITCHING YARD: A facility that provides terminal facilities for rail traffic of
railroad cars between terminal yards and similar facilities.
RANCH, COMMERCIAL: A ranch facility or designated area where animal or crop
production takes place, which may or may not be owner-occupied but which utilizes two (2) or
more full-time employees who are not owners or family of the owners, and may including
residential facilities for employees.
RARE, THREATENED OR ENDANGERED SPECIES: Any insect, fish, wildlife or plant
species which is listed as, is a candidate for listing as, or is recommended for listing as a rare,
threatened or endangered species by the U.S. Fish and Wildlife Service, the Department of
Agriculture and Consumer Services, the Department of Game and Inland Fisheries, or the
Department of Conservation and Recreation. (Source: Virginia Administrative Code 9 VAC 1520-10)
REAR SETBACK: The minimum horizontal distance between any building and the rear
property line.
REAR YARD: A yard extending across the full width and depth of the lot between the rear lot
line and the nearest line or point of the building. Where a lot has sufficient land area, the rear yard
may exceed the minimum rear setback as specified in Section 31-407 of this Ordinance.
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REASONABLE ACCESS: The minimum number of access connections, direct or indirect,
necessary to provide safe access to and from the thoroughfare, as consistent with the purpose and
intent of this Ordinance and any applicable plans and policies of the City.
RECEIVING AREA: An area designated by this Ordinance as appropriate for development
beyond the target density through the transfer of development rights.
RECHARGE: Natural or artificial replenishment or storage of nondegrading (quality) water in
an aquifer. (Source: Virginia Administrative Code 9 VAC 20-50-40)
RECLAMATION: Rehabilitation of plant cover, soil stability, water resources, and other
measures which will allow or cause flora to permanently grow on land.
RECORDED/RECORD: Document(s) being placed in the indexed or coded files and book(s)
of the Circuit Court.
RECORD DRAWING: A reproducible document conforming to the marked-up prints,
drawings, and other data created after the construction process is complete showing the purported
location of work elements and significant changes made during the construction process. Record
drawings are based on unverified information provided by parties who are generally assumed
reliable. Record drawings are also referred to as "as-built" drawings.
RECREATION AREA: A classification of open space that includes land areas specifically
providing for opportunities for passive and active recreational activities for residents of a
development. Recreation areas are set aside and reserved for the common use of the residents of a
development. Such areas may include, but are not limited to, tennis courts, swimming pools,
athletic fields, picnic areas, golf courses, beaches, boat launching ramps, docks, woodlands,
paths, trails, and similar facilities. Except as otherwise provided for herein, recreation areas shall
not include balconies, private patios, or any buffer areas not set aside for the convenient use of all
residents of a development.
RECREATIONAL EQUIPMENT, MAJOR: For the purposes of this Ordinance, a selfpropelled recreational vehicle.
RECREATIONAL RESOURCES: The broad range of outdoor and indoor public and private
areas and facilities, many of which are identified in the "Virginia Outdoors Plan," used in meeting
Virginia's recreational needs including but not limited to public parks, public forests, natural
areas, wildlife management areas, lakes and reservoirs, historic resources, trails, rivers, beaches,
water access areas, Virginia byways, tidal and nontidal wetlands, and greenways. (Source:
Virginia Administrative Code 9 VAC 15-20-10)
RECREATIONAL VEHICLE OR EQUIPMENT: A device, whether or not self-propelled,
designed or used for transporting persons or property for or in connection with recreation or
pleasure, as distinguished from mere transportation, except that it shall not include bicycles or
other vehicles designed to be moved solely by human power. The term shall include, without
limitation, motor homes, travel trailers, pickup campers, tent trailers, boats, boat trailers and any
device designed or used primarily to be loaded on or affixed to a motor vehicle to provide a
mobile dwelling, sleeping place or eating place, temporarily.
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RECREATION VEHICLE PARK: Any parcel of land upon which two (2) or more recreation
vehicles for dwelling or sleeping purposes are located regardless of whether or not a charge is
made for such accommodations.
RECREATIONAL VEHICLE SPACE: A parcel of land which is designed and intended for
the accommodation of one recreational vehicle.
RECYCLING CENTER: See also "Scrap and Salvage Services." A place where waste products
are deposited to be collected and transported to a facility ultimately for the purpose of reducing
them into raw materials and transforming them into new and sometimes different products.
RECYCLING COLLECTION POINT: An accessory use that serves as a drop-off point for
temporary storage of recoverable resources, but where no processing of such items occurs. Such
facilities are generally located in shopping center parking lots or in other public or quasi-public
areas, such as churches and schools.
RECYCLING PLANT: A facility that is not a junkyard and in which recoverable resources,
such as newspaper products; glass; metal cans; wood; rubber; and other products, are recycled
reprocessed, and treated to return such products to a condition in which they may again be used
for production.
RECYCLING RESIDUE: The (i) nonmetallic substances, including but not limited to plastic,
rubber, and insulation, which remain after a shredder has separated for purposes of recycling the
ferrous and nonferrous metal from a motor vehicle, appliance, or other discarded metallic item
and (ii) organic waste remaining after removal of metals, glass, plastics and paper which are to be
recycled as part of a resource recovery process for municipal solid waste resulting in the
production of a refuse derived fuel. (Source: Code of Virginia, § 10.1-400 or its successor
regulations)
REDEVELOPMENT: The process of developing land that is or has been previously developed.
REGIONAL PARKS: Park land and related facilities thereon containing at least fifty (50) acres,
which offers natural and scenic quality, which supports both passive and active recreational
activities for all City residents, which is owned by the City of Suffolk and operated by the City of
Suffolk Parks and Recreation Department.
REGISTERED DESIGN PROFESSIONAL: An architect or engineer, registered or licensed to
practice professional architecture or engineering, as defined by the statutory requirements of the
professional registration laws of the Commonwealth of Virginia. (See Source: Uniform
Statewide Building Code, § 202.0)
REGISTERED PROFESSIONAL ENGINEER: An engineer licensed to practice engineering
in the Commonwealth as defined by the rules and regulations set forth by the Board of Architects,
Professional Engineers, Land Surveyors, and Landscape Architects. (Source: Virginia
Administrative Code 9 VAC 20-80-10)
REGULATION: As used in this Ordinance, means an applicable provision of this Ordinance or
any other requirement promulgated under this Ordinance or the Code of Ordinances of the City.
REGULATORY FLOOD ELEVATION: The elevation which is one foot above the calculated
water-surface elevation of the base flood.
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REHABILITATION FACILITY: A facility which is operated for the primary purpose of
providing vocational rehabilitation services to handicapped individuals, and which provides
singly or in combination one or more of the following services for handicapped individuals: (i)
vocational rehabilitation services, including under one management, medical, psychiatric,
psychological, social, and vocational services; (ii) testing, fitting, or training in the use of
prosthetic and orthotic devices; (iii) prevocational conditioning or recreational therapy; (iv)
physical and occupational therapy; (v) speech and hearing therapy; (vi) psychological and social
services; (vii) evaluation of rehabilitation potential; (viii) personal and work adjustment; (ix)
vocational training with a view toward career advancement (in combination with other
rehabilitation services); (x) evaluation or control of specific disabilities; (xi) orientation and
mobility services and other adjustment services to blind individuals; and (xii) transitional or
extended employment for those handicapped individuals who cannot be readily absorbed in the
competitive labor market. (Source: Virginia Administrative Code 22 VAC 30-20-10)
RELEASE: For the purpose of this chapter, any spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injection, escaping, leaching, dumping, or disposing into the environment
solid wastes or hazardous constituents of solid wastes (including the abandonment or discarding
of barrels, containers, and other closed receptacles containing solid waste). This definition does
not include: any release which results in exposure to persons solely within a workplace; release of
source, by-product or special nuclear material from a nuclear incident, as those terms are defined
in the Atomic Energy Act of 1954 (68 Stat. 923); and the normal application of fertilizer. For the
purpose of this chapter, release also means substantial threat of release. (Source: 9 VAC 20-8010)
RELIGIOUS ASSEMBLY: See "Place of Worship."
RENTAL, HOME-ORIENTED: A business providing items for rent which are generally found
or used in and around the home, including but not limited to, furniture, appliances and small
equipment, but not including heavy equipment.
REPAIR: The reconstruction or renewal of any part of an existing structure for the purpose of its
maintenance. (See Uniform Statewide Building Code, § 202.0)
REPAIR SERVICES, SMALL APPLIANCE: An establishment involved primarily in the
repair and service of common home appliances, household goods, or lawnmowers and gardening
equipment; or, establishments involved primarily in interior decorating, reupholstering, or the
making of draperies, slipcovers and other similar articles; or such other types of establishments
which demonstrate similar impacts, but specifically not including furniture or cabinet-making
establishments.
REPAIR SERVICES, LARGE APPLIANCE: An establishment involved primarily in the
repair and service of appliances other than those appliances listed in the definition of "repair
services, small appliances," including furniture or cabinet-making establishments.
REQUIRED SETBACK: The area in the rear yard within the rear setback, the area in the front
yard within the front setback, and the area in the side yard within the side setback.
RESIDENTIAL HOTEL: A private establishment that provides sleeping rooms for rent by the
night, week, or month, which may include limited cooking facilities, including stoves and
accessory uses within individual rooms or for groups of rooms.
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RESIDENTIAL STREET: A subdivision street adjacent to property that is anticipated to be
developed for as single-family residences, apartment buildings, or other similar dwelling
structures. (Source: Virginia Administrative Code 24 VAC § 30-90-10)
RESIDENTIAL SUBDIVISION: A subdivision for which the intended use of any lot is for
dwelling units or other residential uses.
RESIDENTIAL SUB-UNIT: A dwelling unit which is secondary and subordinate to a principal
dwelling unit, and which is located within the same Building as the principal dwelling unit.
RESIDENTIAL USE: Includes single and multiple dwellings, hotels, motels, dormitories, and
mobile homes.
RESIDENTIAL ZONING DISTRICT: Any zoning district of the following classification: RR,
RE, RL, RLM, RM, RU or RC.
RESORT: A hotel or motel that serves as a destination point for visitors. A resort generally
provides recreational facilities for persons on vacation. A resort is self-contained and provides
personal services customarily furnished at hotels, including the serving of meals. Buildings and
structures in a resort complement the scenic qualities of the location in which the resort is
situated.
RESOURCE CONSERVATION: Reduction of the amounts of solid waste that are generated,
reduction of overall resource consumption and utilization of recovered resources. (Source: Code
of Virginia, § 10.1-400 or its successor regulations)
RESOURCE EXTRACTION: The on-site extraction of surface or sub-surface mineral products
or other natural resources, including but not necessarily limited to quarries, borrow pits, sand and
gravel operations, oil and gas extraction, and mining operations.
RESOURCE MANAGEMENT AREA (RMA): That component of the Chesapeake Bay
Preservation Area that is not classified as the Resource Protection Area.
RESOURCE PROTECTION AREA (RPA): That component of the Chesapeake Bay
Preservation Area comprising lands at or near the shoreline that haves an intrinsic water quality
value due to the ecological and biological processes they perform or are sensitive to impacts
which may result in significant degradation to the quality of state waters. In their natural
condition, these lands provide for the removal, reduction or assimilation of sediments, nutrients,
and potentially harmful or toxic substances in runoff entering the Bay and its tributaries, and
minimize the adverse effects of human activities on state waters and aquatic resources. The
Resource Protection Area includes tidal wetlands, nontidal wetlands connected by surface flows
and contiguous to tidal wetlands or tributary streams, tidal shores, such other lands under the
provisions of subsection 3.2A of the Chesapeake Bay Preservation Designation and Management
Regulations (VR 173-02-01) necessary to protect the quality of state waters, and a buffer area not
less than 100 feet in width located adjacent to and landward of any of these components and
along both sides of any water body with perennial flow.
RESOURCE RECOVERY: The recovery of material or energy from solid waste. (Source: Code
of Virginia, § 10.1-400 or its successor regulations)
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RESOURCE RECOVERY SYSTEM: A solid waste management system which provides for
collection, separation, recycling and recovery of solid wastes, including disposal of
nonrecoverable waste residues. (Source: Code of Virginia, § 10.1-400 or its successor
regulations)
RESTAURANTS: Any place where food is prepared for service to the public on or off the
premises, or any place where food is served. Examples of such places include but are not limited
to lunchrooms, short order places, cafeterias, coffee shops, cafes, taverns, delicatessens, dining
accommodations of public or private clubs, kitchen facilities of hospitals and nursing homes, and
dining accommodations of public and private schools and colleges. Excluded from the definition
are places manufacturing packaged or canned foods which are distributed to grocery stores or
other similar food retailers for sale to the public. (Source: Virginia Administrative Code 12 VAC
5-420-10)
RESTAURANT, DRIVE-IN: An establishment that delivers prepared food and beverages to
customers in motor vehicles, regardless of whether or not it also serves prepared food and
beverages to customers who are not in motor vehicles, for consumption primarily off the
premises.
RESTAURANT, FAST FOOD: Any establishment whose principal business is the high
volume, high turnover sale of foods or beverages to the customer in a ready-to-consume state for
consumption either within the restaurant building or for carry-out with consumption off the
premises, and whose design or principal methods of operation including selling food, frozen
desserts, or beverages which are usually served in edible containers or in paper, plastic, or other
disposable containers.
RESTAURANT, SEMI-PUBLIC: A restaurant that is not open to the general public, but is
generally restricted to specific individuals or groups such as a school cafeteria. (Source: Virginia
Administrative Code 12 VAC 5-420-10)
RESTAURANT, SHORT ORDER: A restaurant permitted by the department as a short order
restaurant prior to the adoption of this regulation. (Source: 12 VAC 5-420-10)
RESTAURANT, SIT-DOWN: Any establishment, other than a fast-food restaurant, where food
and drinks are prepared, served and consumed primarily within the principal building.
RESTRICTIVE MEDIAN: A physical barrier in the roadway that separates traffic traveling in
opposite directions, such as a concrete barrier or landscaped island.
RESUBDIVISION: The changing of an existing parcel, street, lot or easement line in any
recorded subdivision.
RETAIL ACTIVITIES OR RETAIL USES: Includes sales of merchandise at retail prices,
personal and business services, restaurants, galleries, and similar uses, but not including financial
institutions.
RETAIL ESTABLISHMENT: A building, property, or activity, the principal purpose of which
is the sales of goods, products, or materials directly to the consumer. This includes, but is not
limited to: buying clubs, clothing stores, appliance stores, bakeries, food stores, grocers, caterers,
commissaries as specifically defined herein, pharmacies, book stores, florists, furniture stores,
hardware stores, pet stores, toy stores, indoor tool and equipment rental, and variety stores. It
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does not include restaurants, personal service establishments, commercial amusements, or
cleaning or processing establishments.
RETAIL SALES: The sale of goods, merchandise and commodities for use or consumption by
the immediate purchaser.
RETAINING WALL: A manmade barrier constructed for the purpose of stabilizing soil,
retarding erosion, or terracing a parcel or site.
RETENTION BASIN: A pond, pool, or basin used for the permanent storage of water runoff.
Also referred to as a "Wet Pond."
RETIREMENT VILLAGE: A "retirement village" means a A community that qualifies as an
exempt retirement community under both the federal housing and urban development laws, 42
U.S.C. § 3601 or its successor regulations; and in which a group of retired people resides in
more or less proximity having common interests in such services as public health, public
protection, fire protection and other services that bind together the retired people of the area and
where the people are acquainted and mingle in business, social, educational and recreational
activities.
REVISION: "Revision" means t The changing and/or rescinding of zoning and other land use
approvals following notice and an opportunity for objection. The status of the land use approvals,
including zoning and/or subdivision approval(s) may be that which applied previously to the
property or may be a new and/or different zoning or other land use status.
REZONING: An amendment to the official zoning map approved in accordance with Section
31-404 of this Ordinance.
RIDGELINE: An area including the crest of a hill or slope and a vertical, perpendicular distance
of one hundred fifty (150) feet on either side of the crest.
RIGHT-OF-WAY: Land reserved, used, or to be used for a highway, street, alley, walkway,
drainage facility, or other public purpose. The right-of-way includes the total width of land
dedicated or reserved for public or restricted travel, including appurtenant facilities located
therein, such as pavement, ditches, curbing, gutters, bikeways, sidewalks, shoulders, and
sufficient land for the maintenance thereof. The term "right-of-way" also includes the land,
property, or interest therein, usually in a strip, acquired for or devoted to a public street
designated to become part of the secondary system of state highways. (Source: Virginia
Administrative Code 24 VAC § 30-90-10)
RIPARIAN ECOSYSTEM: Living organisms (plants and animals) and habitat that occur in
association with any spring, lake, watercourse, river, stream, creek, or other body of water, either
surface or subsurface.
ROAD: A collector road, local road or arterial road. For purposes of Section 31-407(c)(5), a
"road" means a diagonal street more than 1,000 feet in length and generally designated by a
name.
ROAD, ARTERIAL: An arterial road which is identified as an arterial on the Master
Thoroughfare Plan.
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ROAD, COLLECTOR: A road which is designed to collect and distribute traffic between local
roads and arterial roads and to serve as a linkage between land access and mobility needs; and
which is identified as a collector on the Master Thoroughfare Plan.
ROAD AND BRIDGE STANDARDS: The applicable drawings and related criteria contained in
the VDOT's current Road and Bridge Standards. (Source: Virginia Administrative Code 24 VAC
§ 30-90-10)
ROAD DESIGN MANUAL: The VDOT's current Road Design Manual, Location and Design
Division. (Source: Virginia Administrative Code 24 VAC § 30-90-10)
ROAD LINK: See “Link” A Section of the Master Thoroughfare Plan defined by a node at each
end.
ROADSIDE STAND: An accessory use, which may incorporate a structure, that offers for sale
farm or garden produce which is grown on the premises.
ROADWAY: The improved portion of a street within a right-of-way and/or easement. The term
"roadway" also includes the portion of the road or street within the limits of construction and all
structures, ditches, channels, etc. necessary for the correct drainage thereof. (Source: Virginia
Administrative Code 24 VAC § 30-90-10)
ROADWAY GEOMETRICS: The alignment, curvature, horizontal and vertical grade, shoulder
and drainage structure configuration, and other similar details relative to a roadway or segment
thereof.
ROADWAY, SHARED: Any roadway upon which a bicycle lane is not designated and which
may be legally used by bicycles regardless of whether such facility is specifically designated as a
bikeway.
ROLLING TERRAIN: That condition where the natural slopes consistently rise above and fall
below the road or street grade and where occasional steep slopes offer some restriction to normal
horizontal and vertical roadway alignment. (Source: Virginia Administrative Code 24 VAC § 3090-10)
ROOF: The flat slab or sloped deck of a structure including its supporting members, not
including vertical supports. (Source: Uniform Statewide Building Code § 1502.1)
ROOF LINE: The highest edge of the roof or the top of parapet, whichever establishes the top
line of the structure when viewed in a horizontal plane.
ROW HOUSE: See "Dwelling, Townhouse."
RUBBISH: Combustible or slowly putrescible discarded materials which include but are not
limited to trees, wood, leaves, trimmings from shrubs or trees, printed matter, plastic and paper
products, grass, rags and other combustible or slowly putrescible materials not included under the
term "garbage." (Source: Virginia Administrative Code 9 VAC 20-80-10)
RUBBLE, COURSED: Masonry composed of roughly shaped stones fitting approximately on
level beds and well bonded. (Source: Uniform Statewide Building Code § 2102.1)
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RUBBLE MASONRY: Masonry composed of roughly shaped stones. (Source: Uniform
Statewide Building Code § 2102.1)
RUBBLE, RANDOM: Masonry composed of roughly shaped stones laid without regularity of
coursing but well bonded and fitted together to form well-defined joints. (Source: Uniform
Statewide Building Code § 2102.1)
RUBBLE, ROUGH OR ORDINARY: Masonry composed of unsquared field stones laid
without regularity of coursing but well bonded. (Source: Uniform Statewide Building Code §
2102.1)
RUN-OFF: Any rainwater, leachate, or other liquid that drains over land from any part of a
facility. (Source: Virginia Administrative Code 9 VAC 20-50-40)
RUN-OFF COEFFICIENT: The fraction of total rainfall that will appear at a conveyance as
run-off. (Source: Virginia Administrative Code 9 VAC 25-31-10)
RUN-ON: Any rainwater, leachate, or other liquid that drains over land onto any part of a
facility. (Source: Virginia Administrative Code 9 VAC 20-50-40)
RUNWAY PROTECTION ZONE: A trapezoidal-shaped zone located directly off the end of a
runway's primary surface, beginning two hundred (200) feet from the end of the pavement, and
which is clear of all above ground obstruction or construction. The width is the same as for the
primary surface. The length is determined by the use of the runway.
SAFETY SERVICES: Any of the following uses or activities classified under NAICS 922
(Justice, Public Order, and Safety Activities); NAICS 92212 (Police Protection), NAICS 92216
(Fire Protection), or NAICS 56162 (Security Systems Services); but not including NAICS 9221
(Justice, Public Order, and Safety Activities); 92211(Courts); 92213 (Legal Counsel and
Prosecution); 92214 (Correctional Institutions); or 92215 (Parole Offices and Probation Offices,
including Emergency Medical Services). "Safety Services" does not include any warehouse or
facility devoted to the maintenance of police or fire equipment, or any gun range or shooting
range.
SALVAGE: The authorized, controlled removal of waste materials from a solid waste
management facility. (Source: Virginia Administrative Code 9 VAC 20-80-10)
SALVAGE YARDS: An establishment primarily engaged in the storage, sale, dismantling or
other processing of used or waste materials which are not intended for reuse in their original
forms, such as automotive wrecking yards, metal salvage yards, or paper salvage yards.
SANITARY LANDFILL: A disposal facility for solid waste so located, designed and operated
that it does not pose a substantial present or potential hazard to human health or the environment,
including pollution of air, land, surface water or ground water. (Source: Code of Virginia, § 10.1400) The term "sanitary landfill" also includes an engineered land burial facility for the disposal
of household waste which is so located, designed, constructed and operated to contain and isolate
the waste so that it does not pose a substantial present or potential hazard to human health or the
environment. A sanitary landfill also may receive other types of solid wastes, such as commercial
solid waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity
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generators, and nonhazardous industrial solid waste. (Source: Virginia Administrative Code 9
VAC 20-80-10)
SANITARY SEWER: Pipe conduits used to collect and carry away domestic, commercial or
industrial sewage from the generating source to treatment plants. Storm, surface and ground
waters are not intentionally admitted into sanitary sewers.
SATELLITE DISH ANTENNAE: A device incorporating a reflective surface that is solid, open
mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such
device is used to transmit or receive radio or electromagnetic waves between terrestrially and
orbitally based uses. This definition is meant to include but not be limited to what are commonly
referred to as satellite earth stations, TVROs (television reception only satellite dish antennas),
and satellite microwave antennas.
SATURATED ZONE (ZONE OF SATURATION): That part of the earth's crust in which all
voids are filled with water under pressure greater than that of the atmosphere. (Source: 9 VAC
20-50-40)
SCAVENGING: The unauthorized or uncontrolled removal of waste materials from a solid
waste management facility. (Source: Virginia Administrative Code 9 VAC 20-80-10)
SCRAP METAL: Bits and pieces of metal parts such as bars, rods, wire, empty containers, or
metal pieces that may be combined together with bolts or soldering which are discarded material
and can be used, reused, or reclaimed. (Source: Virginia Administrative Code 9 VAC 20-80-10)
SCENIC EASEMENT: An easement, the purpose of which is to limit development in order to
preserve a view or scenic area.
SCENIC RESOURCES: Features which characterize an area by giving it a special visual
identity or which present unique vistas or landscapes, including but not limited to such features as
designated or candidate state or federal scenic rivers, federal or state scenic highways or
parkways, Virginia byways, and scenic values as recognized by local, state or federal
governments. (Source: Virginia Administrative Code 9 VAC 15-20-10)
SCHOOL: A facility that provides a curriculum of elementary, middle, or secondary academic
instruction, including kindergartens, elementary schools, middle schools, and high schools.
Facilities offering general equivalency diploma (GED) and other adult and continuing education
programs and curricula are also included within this definition.
SCHOOL, BOARDING: An elementary school, middle-school, junior high school, or high
school which provides lodging or dwelling for students or faculty on the same property.
SCHOOL BUILDING:
(1) Any structure suitable for use as a classroom, including a school facility such as a
laboratory, library or school eating facility used for the preparation of food;
(2) A gymnasium or other facility which is specially designed for athletic or recreational
activities for an academic course in physical education;
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(3) Other facilities used for the instruction or housing of students or for the
administration of educational or research programs;
(4) A maintenance, storage, or utility facility, including a hallway essential to the
operation of any facility described in this definition of "school building";
(5) A portico or covered exterior hallway or walkway; or
(6) An exterior portion of a mechanical system used to condition interior space. (Source:
1 VAC 30-110-10).
SCHOOL, BUSINESS OR TRADE: A school, other than a college or university, which may be
operated as a commercial venture, and which provides part-time or full-time education beyond
the high school level and does not provide lodging or dwelling units for students or faculty.
SCHOOL, ELEMENTARY: Any elementary school as defined in Section 198 of the Federal
Elementary and Secondary Education Act of 1965 (20 U.S.C. 2854). (Source: Virginia
Administrative Code 1 VAC 30-110-10.)
SCHOOL, SECONDARY: Any secondary school as defined in Section 198 of the Federal
Elementary and Secondary Education Act of 1965 (20 U.S.C. 2854). (Source: Virginia
Administrative Code 1 VAC 30-110-10.)
SCREENING: The method by which a view of one site from an adjacent right-of-way or another
adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls,
hedges, berms, or other features.
SEATING CAPACITY: The actual seating capacity of an area based upon the number of seats
or one seat per eighteen (18) inches (46cm) of bench or pew length. For other areas where seats
are not fixed, the seating capacity shall be determined as indicated by the Uniform Building
Code.
SECONDARY SYSTEM OF STATE HIGHWAYS: Those public roads, streets, bridges, etc.,
as established by Sections 33.1-67 and 33.1-68 of the Code of Virginia or its successor
regulations that are under the supervision of and maintained by the VDOT. (Source: 24 VAC §
30-90-10)
SEDIMENTATION: A deposit of soil that has been transported from its site of origin by water,
ice, wind, gravity, or other natural means as a product of erosion.
SEISMIC EFFECTS: Direct and indirect effects caused by an earthquake or man-made
phenomena.
SEISMIC IMPACT ZONE: An area with a ten percent (10%) or greater probability that the
maximum horizontal acceleration in lithified earth material, expressed as a percentage of the
earth's gravitational pull (g), will exceed 0.10g in 250 years. (Source: 9 VAC 20-80-10)
SENDING AREA: An area designated by this Ordinance as a sending area appropriate for the
conveyance of transferable development rights from the area.
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SENSITIVE AREAS: Critical Areas, slopes exceeding 15%, critical wildlife habitat, stream
corridors, wetlands, ridge lines, and areas defined as visually vulnerable pursuant to the Natural
and Environmental Resources Element of the Comprehensive Plan.
SEPTAGE: The liquid and solid material pumped from a septic tank, cesspool, or similar
domestic sewage treatment system, or a holding tank when the system is cleaned or maintained.
(Source: Virginia Administrative Code 9 VAC 25-31-10)
SEPTIC SYSTEM: An underground system with a septic tank and one or more drain lines,
depending on volume and soil conditions, which is used for the decomposition of domestic
wastes.
SERVICE LINES: Electric, gas, communication, water, sewer, irrigation and drainage lines
providing local distribution or collection service.
SERVICE ROAD: A public or private street or road, auxiliary to and normally located parallel
to a controlled access facility, which maintains local road continuity and provides access to
parcels adjacent to a controlled access facility.
SERVICE STATION: See "Gasoline Service Station."
SERVICE YARD AND/OR ENTRANCE: An area and/or entrance to a structure, which is used
for pickup and delivery, especially in conjunction with retail and wholesale outlets.
SETBACK: The required minimum horizontal distance from any street right-of-way line, lot
line, or other designated line that establishes the area within which buildings or structures may be
erected. The setback to the nearest part of the applicable building, structure, or sign, measured
perpendicular to the designated line.
SEVERABLE DEVELOPMENT RIGHT: The potential for the improvement or subdivision of
part or all of a parcel of real property, as permitted under the terms of this Ordinance, expressed
in dwelling unit equivalents or other measures of development density or intensity or a fraction or
multiple of that potential that may be severed or detached from the parcel from which they are
derived and transferred to one or more other parcels located in receiving districts where they may
be exercised in conjunction with the use or subdivision of property, in accordance with the
provisions of this Ordinance.
SEWAGE SLUDGE: Any solid, semisolid, or liquid residue removed during the treatment of
municipal waste water or domestic sewage. Sewage sludge includes, but is not limited to, solids
removed during primary, secondary, or advanced waste water treatment, scum, domestic septage,
portable toilet pumpings, type III marine sanitation device pumpings, and sewage sludge
products. Sewage sludge does not include grit or screenings, or ash generated during the
incineration of sewage sludge. (Source: Virginia Administrative Code 9 VAC 25-31-10)
SEWAGE SLUDGE UNIT, ACTIVE: A sewage sludge unit that has not closed. (Source:
Virginia Administrative Code 9 VAC 25-31-500)
SEWERAGE SYSTEM: Treatment works and intercepting sewers, outfall sewers, sewage
conveyance systems, and their equipment and appurtenances. (Source: Virginia Administrative
Code 9 VAC 25-60-10)
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SHOOTING ENCLOSURE: A fenced area open commercially to the public where animals are
held for the purpose of being shot. (Source: Virginia Administrative Code 2 VAC 5-205-10)
SHOPPING CENTER: A group of related retail establishments which are planned, developed,
owned, and managed as a single operating unit, including any mall or covered mall. The
establishments contained within the shopping center unit are related to each other and the market
area served in terms of size, type, location, and market orientation. On-site parking is provided in
direct relationship to the characteristics of the establishments contained within the center. For
purposes of this Chapter, the various types of shopping centers are defined as follows:
(1) Neighborhood shopping center. A small, neighborhood-oriented shopping center
with a minimum of three (3) separate establishments and a gross leasable floor area
of less than ten thousand (10,000) square feet (925m 2 ). The establishments
contained within the neighborhood center deal in goods and services required on a
daily basis.
(2) Community or regional shopping center. A shopping center or mall of at least ten
thousand (10,000) square feet (925m 2 ) of gross leasable floor area and containing
a minimum of five (5) separate establishments which deal in a wide range of goods
and services which are necessary on a community-wide basis. Community shopping
centers typically contain one or more major anchor tenants and other establishments.
(3) Specialty shopping center. A shopping center or mall containing an interrelated mix
of retail and accessory establishments having a distinct product or market orientation
(for example, tourist-oriented center, mall, or complex; outlet mall or complex; or a
center containing a group of home furnishings establishments) and linked together by
an architectural, historical, or geographic theme. Specialty shopping centers contain
at least five (5) separate establishments and a minimum of ten thousand (10,000)
square feet (925m 2 ) of gross leasable floor area.
The term "shopping center" also includes a building or buildings containing two (2) or more
stores that are used primarily for retail sales but may include commercial trade or professional
uses. (Source: Virginia Administrative Code 24 VAC § 30-90-10)
SHRUB: A relatively low growing woody plant typified by having several permanent stems
instead of a single trunk. For purposes of meeting the landscaping requirements of this chapter,
shrubs shall be further defined as follows:
(1) Deciduous shrub. Any shrub which sheds its foliage during a particular season.
(2) Evergreen shrub. Any shrub which retains its green foliage throughout the entire
year.
SIDE SETBACK: The minimum horizontal distance between any building and the side property
line.
SIDE YARD: A yard extending from the front yard to the rear yard between the side lot line and
the nearest line or point of the building or in the absence of either of such yards to the front or
rear lot lines. This side yard definition may apply for three (3) sides of a flag lot if the flag pole
portion of the lot exceeds the front yard setback. Where a lot has sufficient land area, the side
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yard may exceed the minimum side setback as specified in Section 31-407 of this Ordinance (See
Figure in definition of "Required Setback").
SIDEWALK: The portion of a street or cross walkway, paved or otherwise surfaced, intended
for pedestrian use only.
SIGHT TRIANGLE: A triangular-shaped portion of land established at street intersections and
entrances onto streets in which nothing is permitted to be erected, placed, planted or allowed to
grow in a manner that limits or obstructs the sight distance of motorists, bicyclists or pedestrians
traversing or using the intersection or entrance. See Street Improvement Standards for distances.
SIGN, ABANDONED NONCONFORMING: A sign shall be considered abandoned if the
business for which sign was erected has not been in operation for a period of at least two (2)
years. See also Section 31-714 of this Ordinance.
SIGN REGULATIONS: See Section 31-714 of this Ordinance.
SIGNIFICANT ADVERSE IMPACT: Impacts from activities that result in or contribute to any
of the following consequences:
(1) Alteration of a wetland or tidal marsh environment, including alteration which results
from activities such as grading of slopes and banks, creation of impervious surfaces,
removal of native vegetation, placement of fill within a wetland or tidal marsh or
associated riparian ecosystem;
(2) Disturbance or taking of wildlife, aquatic life, or other natural resources or habitats;
(3) Alteration of base flood elevations;
(4) Alteration of existing hydrologic or aquatic systems;
(5) Degradation of aesthetic, scenic or cultural values associated with a wetland or tidal
marsh;
(6) Degradation of environmental quality, including water quality, plant and wildlife
communities, and ecosystem functions and stability.
SILVICULTURAL ACTIVITY: Any forest management activity, including but not limited to
the harvesting of timber, the construction of roads and trails for forest management purposes, and
the preparation of property for reforestation that are conducted in accordance with the
silvicultural best management practices developed and enforced by the state forester pursuant to
Section 10.1-1105 of the Code of Virginia and are located on property defined as real estate
devoted to forest use under Section 58.1-3230 or its successor regulations of the Code of
Virginia. (Source: Code of Virginia, § 10.1-1181.1 or its successor regulations)
SINGLE-FAMILY ATTACHED DWELLING: See "Dwelling, Single-Family Attached."
SINGLE-FAMILY DETACHED DWELLING: See "Dwelling, Single-Family Detached."
SINGLE-FAMILY DWELLING: See "Dwelling, One-Family."
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SINGLE-FAMILY RESIDENCE: A structure, other than an apartment building, maintained
and used as a single dwelling unit or any dwelling unit that has direct access to a street and shares
neither heating facilities, hot water equipment, nor any other essential facility or service with any
other dwelling unit. (Source: 24 VAC § 30-90-10)
SINGLE-FAMILY SEMI-DETACHED DWELLING: See "Dwelling, Single-Family SemiDetached."
SITE: A parcel of land bounded by a lot line or a designated portion of a public right-of-way.
(Source: Uniform Statewide Building Code § 1102.1)
SITE DESIGN STANDARDS: See Article 6 of this Ordinance.
SITE PLAN: A required submission, prepared and approved in accordance with the provisions
of Section 31-307 of this Ordinance, which is prepared to scale and depicts and provides design
details relating to the proposed improvements on a site such as the existing and proposed
topography, vegetation, drainage, floodplains, marshes, waterways, open space, walkways, means
of ingress and egress, utility services, landscaping, structures and signs, lighting and screening
devices, complete dimensioning of the existing and proposed structures and improvements, the
boundaries of the site, and any other information that reasonably may be required.
SKETCH PLAN: A sketch preparatory to the final plat or site plan to enable the subdivider to
save time and expense in reaching general agreement with the City as to the form of the plat and
the objectives of this Ordinance.
SKIRTING: A weather-resistant material used to enclose the space from the bottom of a
manufactured home to grade.
SLOPE: A vertical rise in feet measured over a horizontal distance, expressed as a percentage,
measured generally at right angles to contour lines.
SLUDGE: Any solid, semisolid or liquid wastes with similar characteristics and effects
generated from a public, municipal, commercial or industrial wastewater treatment plant, water
supply treatment plant, air pollution control facility or any other waste producing facility.
(Source: Code of Virginia or its successor regulations § 10.1-400)
SLUDGE-ONLY FACILITY: Any treatment works treating domestic sewage whose methods
of sewage sludge use or disposal are subject to regulations promulgated pursuant to the law and §
405(d) of the CWA, and is required to obtain a VPDES permit. (Source: Virginia
Administrative Code 9 VAC 25-31-10)
SOIL/SAPROLITE LAYER: The unconsolidated materials derived primarily from the in-place
weathering of underlying geologic deposits. Saprolite is specifically the unconsolidated
weathering product of crystalline bedrock which retains relic bedrock structure. Thickness of the
soil/saprolite layer is the depth from the surface to bedrock. (Source: 9 VAC 20-50-40)
SOIL EROSION AND SEDIMENTATION CONTROL REGULATIONS: See Section 31610 of this Ordinance.
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SOLE SOURCE AQUIFERS: Those aquifers designated pursuant to Section 1424(e) of the
Safe Drinking Water Act of 1974 (Public Law 95-5230) which solely or principally supply
drinking water to a large percentage of a populated area. (Source: 9 VAC 20-80-10)
SOLID WASTE: Any garbage, refuse, sludge and other discarded material, including solid,
liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining
and agricultural operations, or community activities but does not include (i) solid or dissolved
material in domestic sewage, (ii) solid or dissolved material in irrigation return flows or in
industrial discharges which are sources subject to a permit from the State Water Control Board, or
(iii) source, special nuclear, or by-product material as defined by the Federal Atomic Energy Act
of 1954, as amended. (Source: Code of Virginia, § 10.1-400 or its successor regulations)
SOLID WASTE BOUNDARY: The outermost perimeter of the solid waste (vertical projection
on a horizontal plane) as it would exist at completion of the disposal activity within the property
boundary. (Source: Virginia Administrative Code 9 VAC 20-80-10)
SOLID WASTE DISPOSAL AREA: The area within the property boundary of a landfill
facility in which solid waste is buried or permitted for actual burial. (Source: 9 VAC 20-80-10)
SOLID WASTE DISPOSAL FACILITY: A solid waste management facility at which solid
waste will remain after closure. (Source: Virginia Administrative Code 9 VAC 20-80-10)
SOLID WASTE DISPOSAL SITE OR LANDFILL: Areas which are utilized for the ultimate
disposition of solid wastes as defined in Chapter 19 of the City Code, and also specifically
including waste plant material, stumps or construction materials resulting from land-clearing and
development activities.
SOLID WASTE MANAGEMENT FACILITY: A site used for planned treating, long term
storage, or disposing of solid waste. A facility may consist of several treatment, storage, or
disposal units. (Source: Code of Virginia, § 10.1-400 or its successor regulations)
SOUND TRANSMISSION CLASS (STC) RATING: A single number characterizing the
sound reduction performance of a material tested in accordance with ASTM E90-90, "Laboratory
Measurement of Airborne Sound Transmission Loss of Building Partitions." (Source: Uniform
Statewide Building Code § 1202.1)
SOURCE SEPARATION: Separation of recyclable materials by the waste generator of
materials that are collected for use, reuse or reclamation. (Source: Virginia Administrative Code
9 VAC 20-80-10)
SPECIAL HOSPITAL: Institutions as defined by Section 32.1-123(1) of the Code of Virginia
which provide care for a specialized group of patients or limit admissions to provide diagnosis
and treatment for patients who have specific conditions (e.g., tuberculosis, orthopedic, pediatric,
maternity). (Source: Virginia Administrative Code 12 VAC 5-410-10)
SPECIAL WASTES: Solid wastes that are difficult to handle, require special precautions
because of hazardous properties or the nature of the waste creates waste management problems in
normal operations. (see Part VIII.) (Source: Virginia Administrative Code 9 VAC 20-80-10)
SPECULATIVELY ACCUMULATED MATERIAL: Any material that is accumulated before
being used, reused, or reclaimed or in anticipation of potential use, reuse, or reclamation. A solid
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waste is not being accumulated speculatively when it can be used, reused or reclaimed, has a
feasible means of use, reuse, or reclamation available and seventy-five percent (75%) of the solid
waste accumulated is being removed from the facility annually. (Source: Virginia
Administrative Code 9 VAC 20-80-10)
SPECIFICATIONS: The VDOT's current Road and Bridge Specifications, including related
supplemental specifications and special provisions. (Source: Virginia Administrative Code 24
VAC § 30-90-10)
SPECIFIC PLAN: A document encompassing a specific geographic area of the City which is
prepared for the purpose of specifically implementing the Comprehensive Plan by (1) refining the
policies of the Comprehensive Plan to a specific geographic area; and (2) containing specific
recommendation as to the detailed policies and regulations applicable to a focused development
scheme. The specific plan shall consist of goals, objectives and policies; requirements for capital
improvements; the level of service required for public facilities; physical and environmental
conditions; housing and land use characteristics of the area; and maps, diagrams and other
appropriate materials showing existing and future conditions.
STABLE, COMMERCIAL: A stable of horses, mules, or ponies which are let, hired, used or
boarded on a commercial basis and for compensation. This facility may offer equestrian lessons
and may include a show arena and viewing stands.
STABLE, PRIVATE: An accessory building in which horses are kept for private use and not for
remuneration, hire, or sale.
STABLE, PUBLIC: An accessory building in which horses are kept for commercial use
including boarding, hire, and sale.
STAFF: The staff of the City of Suffolk Planning and Community Development Department.
STANDARD CROWN: The cross slope of the roadway pavement and shall be one-quarter inch
per foot, unless otherwise approved by the resident engineer. (Source: 24 VAC § 30-90-10)
START OF CONSTRUCTION: Includes substantial improvement and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
placement or other improvements was within one hundred eighty (180) days of the permit date.
The actual start means the first placement of a permanently-constructed structure on a site, such
as the pouring of slab or footings, the installation of pilings, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor does it include excavation for a
basement, footings, piers or foundations or the erection of temporary forms; nor does it include
the installation on the property of accessory buildings, such as garages or sheds not occupied as
dwelling units or not part of the main structure.
STATE SECONDARY ROADS ENGINEER: The employee of the VDOT assigned to manage
and administer the operations of the Secondary Roads Division to carry out the statewide
secondary roads program. (Source: 24 VAC § 30-90-10)
STATE SOLID WASTE MANAGEMENT PLAN ("STATE PLAN" OR "PLAN"): The
plan of the Virginia Waste Management Board which sets forth solid waste management goals
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and objectives, and describes planning and regulatory concepts to be employed by the
Commonwealth. (Source: Virginia Administrative Code 9 VAC 20-80-10)
STATE WATERS: All water, on the surface and under the ground, wholly or partially within or
bordering the state or within its jurisdiction. For the purpose of this chapter, adjacent wetlands are
included in this definition. (Source: Virginia Administrative Code 9 VAC 20-50-40)
STATIC WATER LEVEL: The level at which water stands in a well when no water is being
taken from the aquifer either by pumping or by free flow. (Source: 9 VAC 20-50-40)
STONE MASONRY: Masonry composed of field, quarried or cast-stone units bonded by
mortar. (Source: Uniform Statewide Building Code § 2102.1)
STONE MASONRY, ASHLAR: Stone masonry composed of rectangular units having sawed,
dressed or squared bed surfaces and bonded by mortar. (Source: Uniform Statewide Building
Code § 2102.1)
STONE MASONRY, RUBBLE: Stone masonry composed of irregular-shaped units bonded by
mortar. (Source: Uniform Statewide Building Code § 2102.1)
STORAGE: The holding of waste, at the end of which the waste is treated, disposed, or stored
elsewhere. (Source: 9 VAC 20-80-10)
STORAGE CAPACITY: The total capacity of an AST or a container, whether the AST or
container is filled in whole or in part with oil, a mixture of oil, or other substances, or is empty.
The term does not include the capacity of any AST that has been permanently closed in
accordance with this chapter. (Source: 9 VAC 25-130-10)
STORMWATER: Stormwater run-off, snow melt run-off, and surface run-off and drainage.
(Source: Virginia Administrative Code 9 VAC 25-31-10)
STORMWATER CAPITAL IMPROVEMENT PROGRAM: Stormwater improvement
projects (or pro rata facilities) identified by the City. The engineering and construction costs for
the improvements are used to develop the pro rata share for a specific watershed.
STORMWATER MASTER PLAN: A hydrologic and hydraulic engineering and planning
study of a watershed and its stream network. Stormwater Master Plans are used to regulate new
development and redevelopment, mitigate flooding (quantity) and water quality problems, plan
and prioritize stormwater capital improvements, and evaluate the potential stormwater flooding
and quality impacts of future land use patterns and/or regulatory requirements.
STORMWATER RUNOFF STANDARDS: See Section 31-611 of this Ordinance.
STORY: That portion of a building included between the upper surface of a floor and the upper
surface of the floor or roof next above. (Source: Uniform Statewide Building Code Section 502.1)
STORY ABOVE GRADE: Any story having its finished floor surface entirely above grade,
except that a basement shall be considered as a story above grade where the finished surface of
the floor above the basement is:
(1) More than six (6) feet (1,829 mm) above grade plane;
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(2) More than six (6) feet (1,829 mm) above the finished ground level for more than fifty
percent (50%) of the total building perimeter; or
(3) More than 12 feet (3,658 mm) above the finished ground level at any point. (Source:
Uniform Statewide Building Code § 502.1)
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 (1m) above the top floor level.
STREAM: A watercourse or body of running water flowing continually or intermittently in a
channel on the surface of the ground or in a cavern below the surface.
STREET: An established legal right-of-way dedicated for the use of the general public, or
portions thereof, either accepted by VDOT or approved under the terms of the zoning ordinance
as a private transportation system. A street shall provide vehicular and pedestrian access to
property for all purposes of travel, transportation and parking to which it is adopted, devoted, or
dedicated. The term is synonymous with road, lane, drive, avenue, highway, roadway,
thoroughfare, or any other term of like or common meaning. For the purposes of this Ordinance,
there shall be two types of streets.
(1) Street, Private. See "Private Street."
(2) Street, Public. A platted street, dedicated for the use of the general public for all
purposes of travel, transportation or parking unless specifically noted otherwise.
For purposes of Section 31-407(c)(5), a "street" means a street aligned in an diagonal, east-west,
or north-south direction and generally designated by a number.
STREET CLASSIFICATION: Streets shall be functionally classified as set forth in Section 31407(c)(1) of this Ordinance.
STREET FRONTAGE: The distance for which a lot line of a zone lot adjoins a public street,
from one lot line intersecting said street to the furthest distance lot line intersecting the same
street.
STREET IMPROVEMENT STANDARDS: See Section 31-612 of this Ordinance.
STREET LINE: The boundary which separates the right-of-way of a street from the abutting
property.
STRIP DEVELOPMENT: A form of development characterized by the following:
(1) The primary uses are commercial or retail in nature and are not located within a
transportation corridor node or center designated in the Comprehensive Plan; and
(2) The development site takes direct access from an arterial or collector road; and
(3) The site contains parking located above ground level and lying between the accessed
roadway and the primary buildings; and
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(4) The site is characterized by substantial frontage along the road or roads from which it
takes primary or secondary access, or by numerous access points along a roadway
serving primarily retail and/or commercial uses.
STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as
bearing walls or partitions, columns, beams or girders or any complete rebuilding of the roof or
exterior walls.
STRUCTURAL COMPONENTS OF A SOLID WASTE DISPOSAL UNIT: Liners, leachate
collection systems, final covers, run-on/run-off systems, and any other component used in the
construction and operation of the solid waste disposal facility that is necessary for protection of
human health and the environment. (Source: 9 VAC 20-80-10)
STRUCTURAL FILL: An engineered fill with a projected beneficial end use, constructed using
soil or coal combustion by-products spread and compacted with proper equipment and covered
with a vegetated soil cap. (Source: 9 VAC 20-80-10)
STRUCTURE: An assembly of materials forming a construction for occupancy or use including
stadiums, gospel and circus tents, reviewing stands, platforms, stagings, observation towers, radio
towers, water tanks, storage tanks (underground and aboveground), trestles, piers, wharves,
swimming pools, amusement devices, storage bins and other structures of this general nature but
excluding water wells. Farm structures not used for residential purposes shall not be exempt from
the any required zoning setback or yard provisions of this Ordinance, but and such structures
lying within a flood plain or in a mudslide-prone area shall be subject to flood proofing
regulations or mudslide regulations, as applicable. The word "structure" shall be construed as
though followed by the words "or part or parts thereof" unless the context clearly requires a
different meaning. (See Uniform Statewide Building Code, § 202.0)
STRUCTURE, EXISTING: A structure erected prior to the date of adoption of the appropriate
Ordinance or one for which a legal building development permit has been issued. (See Uniform
Statewide Building Code, § 202.0)
STRUCTURE, MAIN OR PRINCIPAL: See "Building, Main or Principal."
STRUCTURE, PERMANENT: Anything constructed or erected within a required location on
the ground or which is attached to something having location on the ground, including a fence or
free-standing wall.
STRUCTURE, TEMPORARY: A moveable structure not designed for human occupancy or for
the protection of goods or chattel, and not forming an enclosure.
STUB-OUT (STUB-STREET): A portion of a street or cross access drive used as an extension
to an abutting property that may be developed in the future.
SUBDIVIDE: The division of a lot, tract, or parcel of land into two or more lots, parcels or other
divisions of land for the purpose of transfer of ownership.
SUBDIVIDER: Any person who:
(1) Having an interest in land, causes it, directly or indirectly, to be divided into a
subdivision; or
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(2) Who directly or indirectly, sells, leases, or develops, or offers to sell, lease, or
develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit, or
plat in a subdivision; or
(3) Who engages directly or through an agent in the business of selling, leasing,
developing, or offering for sale, lease, or development a subdivision or any interest,
lot, parcel site, unit or plat in a subdivision; and
(4) Who is directly or indirectly controlled by, or under direct or indirect common
control with any of the foregoing.
SUBDIVISION: As defined in Code of Virginia, § 15.2-2201 : the division of a parcel of land
into three or more lots or parcels of less than five acres each for the purpose of transfer of
ownership or building development, or, if a new street is involved in such division, any division
of a parcel of land. The term includes resubdivision and, when appropriate to the context, shall
relate to the process of subdividing or to the land subdivided and solely for the purpose of
recordation of any single division of land into two lots or parcels, a plat of such division shall be
submitted for approval in accordance with Article 5 of this Ordinance.
SUBDIVISION, MINOR: See Section 31-506(b)(2) of this Ordinance. See “Minor
Subdivision”.
SUBDIVISION, MAJOR: See Section 31-506(b)(3) of this Ordinance. See “Major
Subdivision”.
SUBDIVISION STREET: A public way for purposes of vehicular travel, including the entire
area within the right-of-way, that results from the subdivision of land. Such streets developed in
accordance with these requirements shall be eligible for addition to the secondary system of state
highways pursuant to Section 33.1-229 of the Code of Virginia or its successor regulations.
(Source: Virginia Administrative Code 24 VAC § 30-90-10)
SUBSIDENCE: The lowering of the natural land surface in response to: earth movements;
lowering of fluid pressure; removal of underlying supporting material by mining or solution of
solids, either artificially or from material causes; compaction due to wetting (hydrocompaction)
or from material causes; oxidation of organic matter in soils; or added load on the land surface.
(Source: 9 VAC 20-50-40)
SUBSTANTIAL ALTERATION: Expansion or modification of a building or development
which would result in a disturbance of land exceeding an area of 2,500 square feet in a
Chesapeake Bay Preservation Area.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged-condition would equal or exceed 50 percent of the
assessed value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the assessed value
replacement cost of the structure before the "start of construction" of the improvement. This
term includes structures which have incurred "substantial damage," regardless of the actual repair
work performed. The term does not, however, include either:
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(1) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions; or
(2) Any alteration of a "historic structure," provided that the alteration will not preclude
the structure's continued designation as a "historic structure."
SUBSURFACE MINING AREAS: Areas where deep mining or removal by drilling of minerals
or mineral fuels or pumping of groundwater has resulted in a potential for land subsidence.
(Source: 9 VAC 20-50-40)
SUBURBAN/URBAN GROWTH AREA: The area designated as "Suburban/Urban Growth
Area With Utilities" in Figure 3.5 of the Comprehensive Plan, which map is hereby incorporated
by reference as if set forth in its entirety herein.
SUBURBAN/URBAN GROWTH AREA, CENTRAL: That portion of the Suburban/Urban
GROWTH Area located in the central portion of the City lying generally south of Route 634 and
Wilroy Road.
SUBURBAN/URBAN GROWTH AREA, NORTHERN: That portion of the Suburban/Urban
Growth Area which adjoins the eastern boundary of the City and that portion of the
Suburban/Urban Growth Area which adjoins the Nansemond River and Route 32/258/17 in the
northeastern portion of the City.
SUPERSTORE: See "Big Box Retail."
SURFACE, IMPERVIOUS: See "Impervious Surface."
SURFACE IMPOUNDMENT: A facility or part of a facility which is a natural topographic
depression, manmade excavation, or diked area formed primarily of earthen materials (although it
may be lined with manmade materials), which is designed to hold an accumulation of liquid
wastes or wastes containing free liquids, and which is not an interjection well or a seepage
facility. (Source: Virginia Administrative Code 9 VAC 20-50-40)
SURFACE MINE: Any operation involving the breaking or disturbing of the surface soil or
rock, where the primary purpose of the operation is to extract or remove sand, soil, gravel, or
other natural materials from the earth and to transport the material, or any portion thereof, off the
site of the surface mine operation. Specifically exempt from this definition are the following:
(1) Any excavation for roads, utilities, buildings, drainage structures, channels or ditches,
or ponds, lakes or other water bodies or features, whether intended for drainage,
recreational or aesthetic purposes, when such excavations are determined by the
Zoning Administrator to be incidental to and in accordance with the approved
development plans or site plans for a residential, commercial, industrial or other
development activity, even though the excavated material, or a portion thereof, may
be hauled off-site and sold. In no case shall any exempted pond or lake have a water
depth exceeding thirty-three (33) feet (10m).
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(2) Any excavation for the purpose of conducting a bona fide agricultural operation,
including but not limited to excavations to improve drainage, provide watering
facilities for livestock or create a holding lagoon for animal waste, as approved by
DEQ, but only so long as such excavation is devoted solely to such use.
(3) Any trench, ditch or hole for utility lines, drainage pipe or other similar public works
facilities or projects.
(4) Excavations for the installation of underground storage tanks, if to be backfilled to
natural grade.
(5) Excavations for the purpose of enlarging or improving an existing structure.
(6) Any excavation for a pond or lake when, in the opinion of the Zoning Administrator,
the sole purpose of such pond or lake is the recreational or aesthetic use and benefit
of the occupants or intended occupants of the property and the objectives of this
Chapter would not be served by requiring a use permit. In no case shall any exempted
pond or lake have a water depth exceeding 33 feet (10m).
(7) Any excavation found by resolution of the City Council to be operated, or proposed
to be operated, directly or indirectly by or for the exclusive benefit of the
Commonwealth of Virginia for the purpose of facilitating public roadway
improvements, provided that such operation will not result in the creation of an
excavated pit on the subject property, and provided further that the board is assured
that such surface mining operation will be conducted in accordance with appropriate
erosion and sediment control practices.
SURFACE WATERS:
(1) All waters which are currently used, were used in the past, or may be susceptible to
use in interstate or foreign commerce, including all waters which are subject to the
ebb and flow of the tide;
(2) All interstate waters, including interstate wetlands;
(3) All other waters such as intrastate lakes, rivers, streams (including intermittent
streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows,
playa lakes, or natural ponds the use, degradation, or destruction of which would
affect or could affect interstate or foreign commerce including any such waters:
a. Which are or could be used by interstate or foreign travelers for recreational or
other purposes;
b. From which fish or shellfish are or could be taken and sold in interstate or
foreign commerce; or
c. Which are used or could be used for industrial purposes by industries in interstate
commerce.
(4) All impoundments of waters otherwise defined as surface waters under this
definition;
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(5) Tributaries of waters identified in paragraphs (1) through (4) of this definition;
(6) The territorial sea; and
(7) Wetlands adjacent to waters (other than waters that are themselves wetlands)
identified in paragraphs (1) through (6) of this definition.
Waste treatment systems, including treatment ponds or lagoons designed to meet the
requirements of the CWA and the law are not surface waters. Surface waters do not include prior
converted cropland. Notwithstanding the determination of an area's status as prior converted
cropland by any other agency, for the purposes of the Clean Water Act, the final authority
regarding the Clean Water Act jurisdiction remains with the EPA. (Source: Virginia
Administrative Code 9 VAC 25-31-10)
SUMMER CAMP: Any facilities regulated pursuant to 12 VAC 5-440-10 to 12 VAC 5-440-90,
as said regulations may be amended from time to time.
SURVEYOR: A land surveyor licensed to practice as such in the Commonwealth of Virginia.
SWALE: A broad depression within which storm water may drain during inclement weather, but
which does not have a defined bed or banks. (Source: Virginia Administrative Code 24 VAC §
30-90-10)
SWIMMING POOL, PRIVATE: A pool established or maintained on any premises by an
individual for his/her or his/her family(s use or for guests of his/her household.
SWIMMING POOL, PUBLIC: See “Public Swimming Pool”
"T" INTERSECTION: The juncture of two or more streets at which point there are three or
more legs.
TABLE OF PERMITTED USES: The list of uses permitted as of right, permitted as a
conditional use, or prohibited within each zoning district, as set forth in Section 31-406(c) of this
Ordinance.
TAKING: Harassing, harming, pursuing, hunting, wounding, killing, trapping, capturing, or
collecting or attempting to engage in such conduct. (Source: 9 VAC 20-80-180)
TANK: A stationary device, designed to contain an accumulation of liquid or semi-liquid
components of solid waste which is constructed primarily of non-earthen materials which provide
structural support. (Source: Virginia Administrative Code 9 VAC 20-80-10) The term "tank"
also includes a device designed to contain an accumulation of oil and constructed of nonearthen
materials, such as concrete, steel, or plastic, that provides structural support. This term does not
include flow-through process equipment used in processing or treating oil by physical, biological,
or chemical means. (Source: Virginia Administrative Code 9 VAC 25-130-10)
TATTOO: To place or the placing of any design, letter, scroll, figure, symbol or any other mark
upon or under the skin of any person with ink or any other substance resulting in the permanent
coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles
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or any other instrument designed to touch or puncture the skin. (Source: Virginia Administrative
Code)
TATTOOER: Any person who actually performs the work of tattooing.
.
TATTOO OPERATOR: Any person who controls, operates, conducts or manages any tattoo
parlor, whether actually performing the work of tattooing or not.
TATTOO PARLOR: Any place in which is offered or practiced the placing of designs, letters,
scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any
other substance, resulting in the permanent coloration of the skin, including permanent make-up
or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture
the skin.
TELECOMMUNICATIONS FACILITIES STANDARDS: See Section 31-716 of this
Ordinance.
TELEVISION, RADIO AND FILM STUDIO: A facility for the production of films and/or the
production and broadcast of television and radio programs including but not necessarily limited
to: offices, dressing rooms, studios, sound stages, file rooms, and set stage, but not including
transmitting facilities.
TEMPORARY ACCESS: Provision of direct access to the controlled access facility until that
time when adjacent properties develop, in accordance with a joint access agreement or frontage
road plan.
TEMPORARY SHELTERS FOR TRANSITIONAL HOUSING: Establishments primarily
engaged in providing short term emergency shelter for victims of domestic violence, sexual
assault or child abuse.
TEMPORARY USE OR STRUCTURE: Any use or structure placed on a parcel of land for a
period of short duration as may be regulated by this Ordinance.
TEMPORARY USE REGULATION: See Section 31-717 of this Ordinance.
THOROUGHFARE PLAN: See "Master Thoroughfare Plan"
THROUGH STREET: A street which provides access between two other streets. (Source:
Virginia Administrative Code 24 VAC § 30-90-10)
TIDAL MARSH: Embayed or extensive marshes primarily consisting of the speciesSpartina
alternaflora, Spartina patens , and Spartina cynosuroides , and fringe marsh areas consisting of a
mix of Iva frutesces, Baccaris halimifolia, Phragmites australis , or Myria cerifera.
TIDAL SHORE OR SHORE: Land contiguous to a tidal body of water between the mean low
water level and the mean high water level.
TIDAL WETLANDS: Vegetated and nonvegetated wetlands as defined in Section 28.2-1300 of
the Code of Virginia or its successor regulations. (Source: Virginia Administrative Code 9 VAC
15-20-10)
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TOTAL PERMISSIBLE DWELLING UNITS OR SQUARE FOOTAGE: The total density
or intensity of a project computed pursuant to Section 31-407 of this Ordinance.
TOURIST HOME: An establishment in a private dwelling that supplies temporary
accommodations to overnight guests for a fee. See also "Bed and Breakfast Inn."
TOWER: A structure situated on a nonresidential site that is intended for transmitting or
receiving television, radio, or telephone communications, excluding those used exclusively for
dispatch communications.
TOWN CENTER: A town center is a use which provides for larger scale commercial shopfront
uses in buildings that front a plaza.
TOWNHOUSE: See "Dwelling, Townhouse."
TOXIC POLLUTANT OR SUBSTANCE: Any agent or material including, but not limited to,
those listed under § 307(a) of the Federal Clean Water Act (33 U.S.C. (1317(a)) which after
discharge will, on the basis of available information, cause toxicity. Toxicity means the inherent
potential or capacity of a material to cause adverse effects in a living organism, including acute or
chronic effects to aquatic life, detrimental effects on human health or other adverse environmental
effects. (Source: Virginia Administrative Code 9 VAC 25-32-10)
TRAFFIC VISIBILITY ZONE: An area within which material impediments to visibility are
prohibited by the Street Improvement Standards. A "material impediment to visibility" is defined
as any impediment which might conceal a child on a bicycle from a driver approaching the
intersection.
TRAFFIC, BACKGROUND: The number of trips existing or projected to exist on a roadway or
roadway system without the land use under study, i.e., traffic not directly or indirectly caused or
attracted by the analyzed land use.
TRAIL: See "Pedestrian Path."
TRAILER: A vehicle without motive power designed for carrying property or passengers wholly
on its own structure and for being drawn by a motor vehicle. For the purposes of this chapter,
containerized cargo units designed to be placed upon and transported by a vehicle shall be
construed to be trailers. The removal of wheels, tongues or hitches, or the placement on a
foundation upon the ground shall not be deemed to change the character of a trailer.
TRANSFER OF DEVELOPMENT RIGHTS: The conveyance of development rights by deed,
easement, or other legal instrument authorized by this Ordinance to another parcel of land and the
recordation of that conveyance among the City land records
TRANSFER FACILITY, HAZARDOUS WASTE: Any transportation related to facility
including loading docks, parking areas, storage areas and other similar areas where shipments of
hazardous waste are held during the normal course of transportation. (Source: Virginia
Administrative Code 9 VAC 20-50-40)
TRANSFER STATION: Any solid waste storage or collection facility at which solid waste is
transferred from collection vehicles to haulage vehicles for transportation to a central solid waste
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management facility for disposal, incineration or resource recovery. (Source: Virginia
Administrative Code 9 VAC 20-80-10)
TRANSFER STATION, HAZARDOUS WASTE: A facility used for storage of hazardous
waste for a period of less than 90 days.
TRANSIENT: Housing or accommodations which are typically occupied by residents for
periods of two (2) weeks or less, including, but not limited to hotels, motels and travel lodges.
TRANSITIONAL BUFFER: A special landscaped yard area to be provided in accordance with
the requirements of this chapter at the interface of certain zoning districts of differing intensities
for the purpose of minimizing potential land use conflicts.
TRANSIT TERMINAL: A commercial or public facility for the loading and unloading of
passengers, luggage, and packages, including sales of fares, and which may include accessory
restaurants, indoor commercial amusements, and retail sales, but not including airports.
TRANSMISSION LINES: Electric lines (115 KV and over) and appurtenant facilities; or
pipelines/conveyors (ten (10) inches diameter or larger) and appurtenant facilities for transporting
natural resources, chemicals, petroleum derivatives, or waste substances.
TRANSMISSION PIPELINE: A transmission line that transports gas as defined in the Code of
Federal Regulations, Title 49, § 192.3 and/or pipelines used for transportation of hazardous
liquids as defined in Code of Federal Regulations, Title 49, § 195.2.
TRANSMITTING FACILITIES: Buildings, structures, or land used for the above-ground
transmission or reception of airborne radio or television signals including all transmitting or
receiving towers, dishes, and antennae, but not including accessory antennae or dishes.
TRASH: Combustible and noncombustible discarded materials and is used interchangeably with
the term rubbish. (Source: Virginia Administrative Code 9 VAC 20-80-10)
TRAVELED WAY: The portion of the subdivision street designated for the movement of
vehicles, exclusive of shoulders, parking areas, turn lanes, etc. (Source: 24 VAC § 30-90-10)
TRAVEL TRAILER: A vehicle or portable unit mounted on its own chassis and wheels which
does not exceed eight (8) inches feet in width and/or forty (40) feet in length, is drawn by a motor
vehicle, and provides temporary living quarters for recreational, camping or travel use.
TREATMENT: Any method, technique or process, including incineration or neutralization,
designed to change the physical, chemical or biological character or composition of any waste to
neutralize it or to render it less hazardous or nonhazardous, safer for transport, amenable to
recovery or storage or reduced in volume. (Source: Code of Virginia, § 10.1-400)
TREATMENT FACILITY: Only those mechanical power driven devices necessary for the
transmission and treatment of pollutants (e.g., pump stations, unit treatment processes). (Source:
Virginia Administrative Code 9 VAC 25-31-10)
TREATMENT WORKS: Any devices and systems used for the storage, treatment, recycling or
reclamation of sewage or liquid industrial waste, or other waste or necessary to recycle or reuse
water, including intercepting sewers, outfall sewers, sewage collection systems, individual
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systems, pumping, power and other equipment and their appurtenances; extensions,
improvements, remodeling, additions, or alterations thereof; and any works, including land that
will be an integral part of the treatment process or is used for ultimate disposal of residues
resulting from such treatment; or any other method or system used for preventing, abating,
reducing, storing, treating, separating, or disposing of municipal waste or industrial waste,
including waste in combined sewer water and sanitary sewer systems. (Source: Virginia
Administrative Code 9 VAC 25-31-10)
TREATMENT WORKS TREATING DOMESTIC SEWAGE: A POTW or any other sewage
sludge or waste water treatment devices or systems, regardless of ownership (including federal
facilities), used in the storage, treatment, recycling, and reclamation of municipal or domestic
sewage, including land dedicated for the disposal of sewage sludge. This definition does not
include septic tanks or similar devices. For purposes of this definition, domestic sewage includes
waste and waste water from humans or household operations that are discharged to or otherwise
enter a treatment works. (Source: Virginia Administrative Code 9 VAC 25-31-10)
TREE: A woody perennial plant generally with one main stem or trunk, but including multiple
stemmed plants, which develops many branches, generally at some height above the ground. For
the purpose of meeting the landscaping and preservation requirements of this chapter, the types of
trees shall be defined as follows:
(1) Deciduous tree. Any shade, flowering or ornamental tree which sheds its foliage
during a particular season.
(2) Evergreen tree. Any tree which retains its green foliage year round.
(3) Heritage tree. Any tree which has been designated by Ordinance of the City Council
as having notable historic or cultural significance to any site or which has been so
designated in accordance with an Ordinance adopted pursuant to Section 15.1-503.2,
Code of Virginia or its successor regulations.
(4) Mature tree. Any deciduous or evergreen tree with a minimum diameter (caliper) of
fourteen (14) inches (350mm) when measured four and one-half (4 1/2) feet (1.5m)
above ground level.
(5) Memorial tree. Any tree which has been designated by ordinance to be a special
commemorating memorial.
(6) Significant tree. Any deciduous or coniferous tree with a minimum diameter (caliper)
of twenty-two (22) inches (550mm) when measured four and one-half (4 1/2) feet
(1.5m) above ground level.
(7) Specimen tree. Any tree which has been designated by Ordinance of the City Council
to be notable by virtue of its outstanding size and quality for its particular species.
TREE COVER: The area directly beneath the crown and within the drip line of a tree.
TREE CROWN: The aboveground parts of a tree consisting of the branches, stems, buds, fruits,
and leaves. Also referred to as "Tree Canopy."
TRIP: A single or one-way vehicle movement to or from a property, site, driveway or study area.
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TRIP ASSIGNMENT: The assignment of vehicle trip volumes (site-generated and background)
to the roadway network around a development, and the assignment of site-generated volumes to
individual and specific driveways and local streets within the development. The process entails
analyzing all trips, both entering and exiting.
TRIP ENDS: The total number of trips entering plus the total number of trips exiting a site over
a designated period of time.
TRIP GENERATION: The number of trip ends caused, attracted, produced and otherwise
generated by a specific land use, activity or development.
TRIPLEX DWELLING: See "Dwelling, Triplex.", floor and sides designed to be loaded onto,
and unloaded from, the bed of a pickup truck, and provides temporary living quarters for
recreational, camping or travel use.
TRUCK, HEAVY: A truck having a gross rated carrying weight of more than one and one-half
(1 1/2) tons.
TRUCK, LIGHT: A truck having a gross rated carrying weight of one (1) ton (900kg).
TRUCK AND MULTI-MODAL TERMINAL: A facility for truck loading and unloading and
cargo storage.
TRUCK PARKING AREA: An area for the parking of trucks which are often left with either
their motors running and/or their refrigerator unit motors operating.
TRUCK STOP: Any facility offering fuel for sale for commercial vehicles, trucks and
automobiles and constructed and designed to enhance maneuverability and fueling of tractor
trailer vehicles by the contouring of curbs and aprons, and the placements of islands or other such
design criteria. In addition, a truck stop shall have the capacity to fuel three (3) or more tractor
trailer vehicles at the same time and parking facilities for three (3) or more vehicles. The facility
may include provisions for one or more of the following:
(1) Sleeping accommodations for commercial vehicle or truck crews;
(2) Sale of parts and accessories for commercial vehicles or trucks;
(3) A restaurant; or
(4) Truck parking or storage area.
TRUCKING TERMINAL: An area and building where cargo is stored and where trucks load
and unload cargo on a regular basis.
TWENTY-FIVE-YEAR, 24-HOUR STORM EVENT: The maximum 24-hour precipitation
event with a probable recurrence interval of once in 25 years as established by the National
Weather Service or appropriate regional or state rainfall probability information. (Source: 9 VAC
25-32-10)
TWO-FAMILY DWELLING: See "Dwelling, Two-Family."
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UNDERGROUND INJECTION: The subsurface emplacement of fluids through a bored,
drilled, jetted, driven, or dug well, where the depth of the well is greater than the largest surface
dimension (See also Injection Well). (Source: 9 VAC 20-50-40)
UNDERGROUND PRESSURIZED IRRIGATION SYSTEM: A watering system for
landscaped areas, consisting of underground pressurized pipes connected to sprinkler heads,
bubbler heads, or drip systems such that one hundred percent (100%) irrigation water coverage is
provided.
UNDERGROUND SOURCE OF DRINKING WATER: An aquifer or its portion:
(1) Which contains water suitable for human consumption; or
(2) In which the groundwater contains less than 10,000 mg/liter total dissolved solids.
(Source: 9 VAC 20-80-10)
UNDERLYING DISTRICT: A standard zoning district classification which is combined with
an overlay district for purposes of development regulation specificity. The base (underlying)
district regulations shall apply unless expressly superseded by overlay district provisions.
UNSATURATED ZONE (ZONE OF AERATION): The zone between the topographic surface
and water table. (Source: Virginia Administrative Code 9 VAC 20-50-40)
UNSUITABLE OR UNSTABLE SLOPE: An area susceptible to a landslide, a mudflow, a
rockfall or accelerated creep of slope-forming materials.
UPPERMOST AQUIFER: The geologic formation nearest the natural ground surface that is an
aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer. (Source:
Virginia Administrative Code 9 VAC 20-50-40)
USABLE SATELLITE SIGNAL: A satellite signal which, when viewed on a conventional
television, is at least equal in picture quality to that which can be received at the subject location
from local commercial television stations by use of a conventional outdoor antenna or by way of
locally available cable television service.
USE: An activity of the land other than development, including, but not limited to agricultural,
horticulture and silviculture. Also, the purpose for which a structure or a tract of land is designed,
arranged, intended, maintained or occupied; also, any activity, occupation, business or operation
carried on or intended to be carried on in a structure or on a tract of land.
USE, APPROVED: Any use that is or may be lawfully established in a particular district or
districts, provided that it conforms to all requirements of these regulations for the district in which
such use is located.
USED OR REUSED MATERIAL: A material which is either:
(1) Employed as an ingredient (including use as an intermediate) in a process to make a
product, excepting those materials possessing distinct components that are recovered
as separate end products; or
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(2) Employed in a particular function or application as an effective substitute for a
commercial product or natural resources.
(Source: Virginia Administrative Code 9 VAC 20-80-10)
USE MATRICES: The matrices designating permitted uses, conditional uses and accessory uses
within each zoning district set forth in Table 406-1, Section 31-406 of this Ordinance.
USE, QUASI-PUBLIC: Uses which are considered to be dedicated to public service or to
culture. There uses include, for the purposes of this chapter, public, schools, hospitals,
universities and churches.
USE, TEMPORARY: A use that is established for a fixed period of time with the intent to
discontinue such use upon the expiration of such time, and that does not involve the construction
of alteration of any permanent structure.
USE VARIANCE: A variance as to the permissible use of land, including a variance that in
effect grants a development permit.
UTILITIES: Services and facilities provided by public agencies and public monopolies such as
electrical and gas service, water (domestic and irrigation), sewage disposal, drainage systems, and
solid waste disposal.
UTILITIES AND EASEMENTS STANDARDS: See Section 31-613 of this Ordinance.
UTILITY FACILITIES: Buildings, structures, or land used by a utility, railroad, or
governmental agency for uses such as, but not necessarily limited to, water or sewage treatment
plants or pumping stations, substations, telephone exchanges, and resource recovery facilities, but
not including land, buildings, or structures used solely for storage and maintenance of equipment
and materials.
UTILITY SERVICE YARDS: Buildings, structures or land used by a utility, railroad, or
governmental agency solely for the purpose of storing and maintaining equipment and materials.
VDOT: The Virginia Department of Transportation. (Source: Virginia Administrative Code 24
VAC § 30-90-10)
VARIANCE: In the application of this chapter, 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 chapter would result in unnecessary or
unreasonable hardship to the property owner, and such need for a variance would not be shared
generally by other properties, and provided such variance is not contrary to the intended spirit and
purpose of this chapter, and, if granted, would result in substantial justice being done.
VECTOR: A living animal, insect or other arthropod which transmits an infectious disease from
one organism to another. (Source: 9 VAC 20-80-10)
VEGETATIVE GROUND COVER: Wood bark, shredded or chipped wood (installed over an
adequate matte of fabric weed barrier), sod, or live plants.
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VEGETATIVE WASTE: Decomposable materials generated by yard and lawn care or landclearing activities and includes, but is not limited to, leaves, grass trimmings, and woody wastes
such as shrub and tree prunings, bark, limbs, roots, and stumps. (Source: Code of Virginia, §
10.1-400 or its successor regulations)
VEHICLE: Any self-propelled device in, upon, or by which any person or property may be
transported upon a public highway excepting devices moved by human power or used exclusively
upon stationary rails or tracks.
VEHICLE, ABANDONED OR JUNK: A vehicle or any major portion thereof which is
incapable of movement under its own power and will remain without major repair or
reconstruction.
VEHICLE, COMMERCIAL: Any motor vehicle with a manufacturer(s chassis rating greater
than 1 1/2 tons. A loaded or empty motor vehicle, trailer, or semitrailer designed or regularly
used for carrying freight, merchandise, or more than ten passengers, including buses. (Source:
Code of Virginia § 46.2-1109, July 2010)
VEHICLE SALES: An open area used for the display, sale or rental of new and/or used motor
vehicles.
VERY LOW INCOME HOUSING: Dwelling units reserved for occupancy or ownership by
persons or households whose annual gross income does not exceed fifty percent (50%) of the area
median household gross income for households of the same size in the Norfolk-Newport NewsVirginia Beach Primary Metropolitan Statistical Area, as defined by the U.S. Department of
Housing and Urban Development in 24 C.F.R., Part 813.
VETERINARY CLINIC: A facility rendering surgical and medical treatment to animals, which
may include overnight accommodations for purposes of recovery or boarding. For the purpose of
these regulations, small animals shall be deemed to be ordinary household pets, excluding horses,
donkeys, or other such animals not normally housed or cared for entirely within the confines of a
residence. Boarding of small animals is allowed if housed within an enclosed soundproof
structure.
VETERINARY HOSPITAL: A facility rendering surgical and medical treatment to animals,
having no limitation to overnight accommodations for such animals. For the purpose of these
regulations, where a veterinary hospital is permitted, a veterinary clinic shall also be permitted.
VICINITY MAP: See "Location Map."
VIRGINIA DEPARTMENT OF HEALTH SEWERAGE REGULATIONS: The most
current version of the regulations set out at 12 VAC 5-580-10 to 12 VAC 5-580-1300, as said
regulations may be amended from time to time.
VIRGINIA DEPARTMENT OF HEALTH WATERWORKS REGULATIONS: The most
current version of the regulations set out at 12 VAC 5-590-10 to 12 VAC 5-590-1280, as said
regulations may be amended from time to time.
VIRGINIA-NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
APPLICATION: The forms utilized to file for a Virginia-NPDES permit. (Source: Virginia
Administrative Code 9 VAC 25-60-10)
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VIRGINIA-NPDES PERMIT: Any permit authorizing the discharge of pollutants, under
prescribed conditions, to state waters pursuant to Board Regulation 6. (Source: Virginia
Administrative Code 9 VACS 25-60-10)
VIRGINIA OUTDOORS PLAN: The State Comprehensive Outdoor Recreation Plan developed
and administered by the Department of Conservation and Recreation. (Source: Virginia
Administrative Code 9 VAC 15-20-10)
WALKWAY: See "Pedestrian Path."
WALL, CAVITY: A wall built of masonry units or of concrete, or a combination of these
materials, arranged to provide an air space within the wall, and in which the inner and outer parts
of the wall are tied together with metal ties. (Source: Uniform Statewide Building Code § 2102.1)
WALL, COMPOSITE: A wall built of a combination of two or more masonry units of different
materials bonded together, one forming the backup and the other the facing elements. (Source:
Uniform Statewide Building Code § 2102.1)
WALL, DRY-STACKED, SURFACE-BONDED: A wall built of concrete masonry units
where the units are stacked dry, without mortar on the bed or head joints, and where both sides of
the wall are coated with a surface-bonding mortar. (Source: Uniform Statewide Building Code §
2102.1)
WALL, FACED: A wall in which the masonry facing and backing are so bonded as to exert
common action underload . (Source: Uniform Statewide Building Code § 2102.1)
WALL, MASONRY-BONDED HOLLOW: A wall built of masonry units so arranged as to
provide an air space within the wall, and in which the facing and backing of the wall are bonded
together with masonry units. (Source: Uniform Statewide Building Code § 2102.1)
WALL, PARAPET: That part of any wall entirely above the roof line. (Source: Uniform
Statewide Building Code § 2102.1)
WAREHOUSE: A building used primarily for the indoor storage of goods and materials, usually
without retail sales.
WAREHOUSE-MINI: See "Mini-warehouse."
WAREHOUSING AND DISTRIBUTION, GENERAL: An establishment offering indoor or
open-air storage and distribution and handling of materials and equipment, such as vehicle
storage, monument or stone yards, grain elevators, or open storage yards.
WAREHOUSE AND FREIGHT STORAGE: Buildings used for the rental of space to the
public for the storage of merchandise, commodities or personal property and where access is
under the control of the building management, but excluding the warehousing and storage of
explosive, corrosive noxious materials, such as dust, fumes or noise that could be dangerous,
injurious, distasteful, pernicious or obnoxious to man, other organisms or properties.
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WAREHOUSING, WHOLESALE, AND DISTRIBUTION, LIMITED: An establishment
offering wholesaling, storage, and warehousing services within a completely enclosed building,
such as wholesale distributors, storage warehouses, and moving and storage companies.
WASHOUT: Carrying away of solid waste by waters of the base flood. (Source: Virginia
Administrative Code 9 VAC 20-80-10)
WASTE MANAGEMENT: The collection, source separation, storage, transportation, transfer,
processing, treatment and disposal of waste or resource recovery. (Source: Code of Virginia, §
10.1-400 or its successor regulations)
WASTE MANAGEMENT UNIT BOUNDARY: The vertical surface located at the boundary
line of the unit. This vertical surface extends down into the uppermost aquifer. (Source: Virginia
Administrative Code 9 VAC 20-80-10)
WASTE NEEDING SPECIAL HANDLING (SPECIAL WASTE): Any solid waste which
requires extra or unusual management when introduced into a solid waste management facility to
insure protection of human health or the environment. (Source: Virginia Administrative Code 9
VAC 20-80-10)
WASTE PILE: Any non-containerized accumulation of nonflowing, solid waste that is used for
treatment or storage. (Source: Virginia Administrative Code 9 VAC 20-80-10)
WASTEWATER: When used in Part VII of this chapter, liquid and water carried industrial
wastes and domestic sewage from residential dwellings, commercial buildings, industrial and
manufacturing facilities and institutions, whether treated or untreated, which are contributed to
the POTW. (Source: Virginia Administrative Code 9 VAC 25-31-10)
WASTEWATER FACILITIES: Structures or systems designed for the collection, transmission,
treatment or disposal of sewage and includes trunk mains, interceptors, and treatment plants,
including package treatment plant and disposal systems, and on-site septic systems.
WATER AND SANITARY SEWER IMPROVEMENTS STANDARDS: See Section 31-614
of this Ordinance.
WATER-DEPENDENT FACILITY: A development of land that cannot exist outside of the
Resource Protection Area and must be located on the shoreline by reason of the intrinsic nature of
its operation. These facilities include, but are not limited to (i) ports; (ii) the intake and outfall
structures of power plants, water treatment plants, sewage treatment plants, and storm sewers;
(iii) marinas and other boat docking structures;(iv) beaches and other public water-oriented
recreation areas, and (v) fisheries or other marine resources facilities.
WATER FACILITIES: Systems or structures designed to collect, treat, or distribute potable
water, and includes water wells, treatment plants, storage facilities, and transmission and
distribution mains.
WATER POLLUTION: Such alteration of the physical, chemical, or biological properties of
any state water as will or is likely to create a nuisance or render such waters:
a. Harmful or detrimental or injurious to the public health, safety, or welfare, or to the
health of animals, fish, or aquatic life or plants;
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b. Unsuitable, with reasonable treatment, for use as present or possible future sources of
public water supply; or
c. Unsuitable for recreational, commercial, industrial, agricultural, or other reasonable
uses;
provided that:
(1) An alteration of the physical, chemical, or biological properties of state waters or a
discharge or deposit of sewage, industrial wastes, or other wastes to state waters by
any owner which by itself is not sufficient to cause pollution but which in
combination with such alteration or discharge or deposit to state waters by other
persons is sufficient to cause pollution;
(2) The discharge of untreated sewage by any person into state waters; and
(3) The contribution to the degradation of water quality standards duly established by the
State Water Control Board;
are "pollution" for the terms and purposes of this Ordinance. (Source: Virginia Administrative
Code 9 VAC 20-80-10)
WATER QUALITY STANDARDS: Water quality standards 9 VAC 25-260-10 et seq. adopted
by the State Water Control Board. (Source: 9 VAC 25-210-10) The term "water quality
standards" also includes provisions of state or federal law which consist of a designated use or
uses for the waters of the commonwealth and water quality criteria for such waters based upon
such uses. Water quality standards are to protect the public health or welfare, enhance the quality
of water and serve the purposes of the State Water Control Law (§ 62.1-44.2 et seq. of the Code
of Virginia) and the federal Clean Water Act (33 U.S.C. § 1251 et seq.). (Source: Virginia
Administrative Code 9 VAC 25-260-5)
WATER STANDARDS: See Section 31-615 of this Ordinance.
WATER TABLE: The upper surface of the zone of saturation in groundwaters in which the
hydrostatic pressure is equal to atmospheric pressure. (See Uppermost Aquifer.) (Source:
Virginia Administrative Code 9 VAC 20-50-40)
WATER WELL: An excavation with associated casing, which is drilled, cored, bored, washed,
driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the
location, testing, acquisition, artificial recharge, or storage of groundwater, the depth of which is
greater than the diameter or width.
WATERS OF THE UNITED STATES OR WATERS OF THE U.S.A.:
(1) All waters which are currently used, were used in the past, or may be susceptible to
use in interstate or foreign commerce, including all waters which are subject to the
ebb and flow of the tide;
(2) All interstate waters, including interstate "wetlands";
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(3) All other waters such as intrastate lakes, rivers, streams (including intermittent
streams), mud flats, sand flats, "wetlands," sloughs, prairie potholes, wet meadows,
playa lakes, or natural ponds the use, degradation, or destruction of which would
affect or could affect interstate or foreign commerce including any such waters:
a. Which are or could be used by interstate or foreign travelers for recreational or
other purposes;
b. From which fish or shellfish are or could be taken and sold in interstate or
foreign commerce; or
c. Which are used or could be used for industrial purposes by industries in interstate
commerce;
d. All impoundments of waters otherwise defined as waters of the United States
under this definition;
e. Tributaries of waters identified in paragraphs a. through d. of this definition;
f.
The territorial sea; and
g. Wetlands adjacent to waters (other than waters that are themselves wetlands)
identified in paragraphs a. through g. of this definition.
(Source: Virginia Administrative Code 9 VAC 20-80-10)
WATERCOURSE: A definite channel with bed and banks within which water flows, either
continuously or in season. (Source: Virginia Administrative Code 24 VAC § 30-90-10)
WATERSHED: A region or area bounded peripherally by a water parting and draining
ultimately to a particular watercourse or body of water; the catchment area or drainage basin from
which the waters of a stream or stream system are drawn.
WATERWORKS: A system that serves piped water for drinking or domestic use of (i) the
public, (ii) at least 15 connections, or (iii) an average of 25 individuals for at least 60 days of the
year. The term waterworks shall include all structures, equipment, and appurtenances used in the
storage, collection, purification, treatment, and distribution of pure water except the piping and
fixtures inside the building where such water is delivered. (Source: Virginia Administrative Code
9 VAC 20-50-40)
WELL: Any shaft or pit dug, drilled, jetted, driven, or bored into the earth, generally of a
cylindrical form, and often cased with bricks or tubing to prevent the earth from caving in, whose
depth is greater than the largest surface dimension. (Source: 9 VAC 20-50-40) The term "well"
also includes any shaft or hole sunk, drilled, bored or dug into the earth or into underground strata
for the extraction, injection or replacement of any gaseous or liquid substance, or any shaft or
hole sunk or used in conjunction with such extraction, injection or placement. The term shall not
include any shaft or hole, sunk, drilled, bored, or dug into the earth for the sole purpose of
pumping or extracting therefrom potable, fresh or usable water for household, domestic,
industrial, agricultural, or public use and shall not include water boreholes, methane drainage
boreholes where the methane is vented or flared rather than produced and saved, subsurface
boreholes drilled from the mine face or an underground coal mine, any other boreholes necessary
or convenient for the extraction of coal or drilled pursuant to a uranium exploratory program
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carried out pursuant to the laws of this Commonwealth, or any coal or nonfuel mineral core hole
or borehole for the purpose of exploration. (Source: Virginia Administrative Code 9 VAC 15-2010)
WELL YIELD: Average water yield in gallons per minute obtained from wells trapping the
uppermost aquifer below a specific site or site vicinity. (Source: Virginia Administrative Code 9
VAC 20-50-40)
WETLAND MITIGATION BANK: A site or sites where wetlands or other aquatic resources
are restored, created, enhanced or in exceptional circumstances, preserved expressly for the
purpose of providing compensatory mitigation in advance of authorized impacts to similar
resources. Such mitigation banks shall be recognized by the U.S. Army Corps of Engineers
through acceptance of a "Mitigation Banking Instrument."
WETLANDS: Areas inundated by surface or groundwater with a frequency sufficient to support,
under normal circumstances, a prevalence of vegetated or aquatic life requiring saturated or
seasonally saturated soil conditions for growth or reproduction. (Source: 9 VAC 20-50-40) See
also, Code of Virginia, § 28.2-1302. Also included in the term "wetlands" are those areas that are
defined by the federal regulations under 33 CFR 323. (Source: Virginia Administrative Code 9
VAC 20-80-10)
WHOLESALE SALES: The business of selling merchandise to retailers, to industrial,
commercial, institutional, or professional business users, or to other wholesalers.
WIND ENERGY FACILITIES: An electric generating facility, whose main purpose is to
supply electricity, consisting of one or more wind turbines and other accessory structures and
buildings, including substations, meteorological towers, electrical infrastructure, transmission
lines and other appurtenant structures and facilities.
WIND ENERGY FACILITY, LARGE SYSTEM: A wind energy conversion system
consisting of one or more wind turbine(s), a tower(s), and associated control or conversion
electronics, which has a rated capacity of not more than 999 kW.
WIND ENERGY FACILITY, SMALL SYSTEM: A single system design to supplement other
electricity sources as an accessory use to existing buildings or facilities, wherein the power
generated is used primarily for onsite consumption. A small wind energy conversion system
consisting of a single wind turbine, a tower and associated control or conversion electronics,
which has a rated capacity of not more than 25kW.
WIND ENERGY FACILITY, UTILITY SCALE: A wind energy conversion system
consisting of more than one wind turbine(s), a tower(s), and associated control or conversion
electronics, which has a rated capacity of more than 1 MW or greater.
WIND FARM: See "Wind Energy Facility, Utility Scale."
WIND POWER: Power is generated in the form of electricity by converting the rotation of
turbine blades into electrical current by means of an electrical generator.
WIND PUMP: A type of windmill used for pumping water from a well or draining land.
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WIND TURBINE: A wind energy conversion system that converts wind energy into electricity
through the use of a wind turbine generator, and may include a nacelle, rotor, tower and pad
transformer.
WIND TURBINE HEIGHT: The distance measured from grade to the highest point of the
turbine rotor or tip of the turbine blade when it reaches its highest elevation.
WINDMILL: A machine designed to convert the energy of the wind into more useful forms
using rotating blades to turn mechanical machinery to do physical work, such as crushing grain or
pumping water.
WOODLAND: A tract of land dominated by trees but usually also containing woody shrubs,
grasses, and other vegetation. For purposes of this Chapter, the term woodland shall incorporate
woods, woodland areas, wooded areas, forest, forested areas and any other terminology
commonly recognized to have the same meaning.
WORKBOAT: A watercraft used primarily in the business of harvesting seafood for sale.
WORKING FACE: That area within a landfill which is actively receiving solid waste for
compaction and cover. (Source: Virginia Administrative Code 9 VAC 20-80-10)
XERISCAPE: Landscape methods which conserve water through the use of drought-tolerant
plants, planting and irrigation techniques.
YARD: An unoccupied open space other than a court. (Source: Uniform Statewide Building
Code § 1202.1)
YARD, REQUIRED: The open space, of the dimension specified by the district in which
located, abutting the lot lines and extending inward therefrom, and thus defining the buildable
portion of the lot. (See also "Setback")
YARD SETBACK: The minimum horizontal distance between any building and the property
line.
YARD WASTE: Decomposable waste materials generated by yard and lawn care and includes
leaves, grass trimmings, brush, wood chips, and shrub and tree trimmings. Yard waste shall not
include roots or stumps that exceed six inches in diameter. (Source: VC § 10.1-400 or its
successor regulations)
ZERO LOT LINE: The location of a building on a lot in such a manner that one or more of the
building's sides rests directly on a lot line.
ZONE LOT: A parcel of land in single ownership that is of sufficient size to meet minimum
zoning requirements for area, coverage, and use, and that can provide such yards and other open
spaces as required by the this Ordinance.
ZONING ADMINISTRATOR: The Administrator (as appointed by the City Manager) or his /
her designated agent.
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ZONING CLEARANCE: The issuance of a permit or authorization by the Zoning
Administrator indicating that a proposed building, structure or use of land meets all of the
standards, criteria, procedures and requirements contained in this Ordinance.
ZONING DISTRICT: Any portion of the area of the City of Suffolk in which the same zoning
regulations apply.
ZONING MAP: The maps, together with all subsequent amendments thereto, which are adopted
by reference as a part of this Ordinance and which delineate the zoning district boundaries.
LIST OF ABBREVIATIONS
AASHTO:
American Association of State Highway and Transportation Officials.
ADT:
Average daily traffic count (see "Projected Traffic").
BZA:
Board of Zoning Appeals
DEQ:
Virginia Department of Environmental Quality
FAA:
Federal Aviation Administration.
FCC:
Federal Communications Commission.
FEMA:
Federal Emergency Management Agency.
FIA:
Flood Insurance Administration.
GFA:
Gross floor area.
GLA:
Gross leasable area.
GPS:
Global Positioning System
kW/KW:
A unit of power equal to one thousand (1,000) watts
mW/MW:
A unit of power equal to one million (1,000,000) watts
SIC:
Executive Office of the President, Office of Management and Budget, Standard
Industrial Classification Manual (1987) or its successor classification code.
SF:
Square feet or square footage.
U.S.:
United States
USGS:
United States Geological Survey
VAC:
Virginia Administrative Code.
VC:
Code of Virginia
VDOT:
Virginia Department of Transportation
(Ord. No. 09-O-045, § 1(Exh. C), 8-19-2009; Ord. No. 09-O-055, Exh. A, 11-18-2009)
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