§ 25-40. Principal definitions of the Zoning Ordinance.

The following definitions shall apply in the interpretation and enforcement of this chapter:

Abattoir. A commercial slaughterhouse.

Accessory building. A subordinate building located on the same lot as the principal building, and the use of which is customarily associated with and incidental to the use of the principal building. An accessory building shall not dominate a principal building in area, extent or purpose. An accessory building that is attached to and is an integrated part of a principal building (by location, materials and architectural design) shall be governed by the regulations for principal buildings in this chapter.

Accessory structure. A subordinate structure located on the same lot as the principal use, and the use of which is customarily associated with and incidental to the principal use.

Accessory use. A use incidental to, and customarily associated with, the principal use of the lot.

Acreage. A parcel of land, regardless of area, described by metes and bounds which is not a numbered lot on any subdivision plat.

Action. or to act on a siting application. The county's grant of a siting application or issuance of a written decision denying a siting application. (47 C.F.R. § 1.6002(a))

Administrative services. Governmental office providing administrative, clerical, or public contact services that deal directly with the citizen. Typical uses include federal, state, county, and city offices.

Administrator, the zoning. The official of the county charged with the enforcement of this Zoning Ordinance. He may be any appointed or elected official who is by formal resolution designated to the position by the governing body. He may serve with or without compensation as determined by the governing body and may be known as the zoning administrator.

Adult use. A use that regularly exploits an interest in matter related to specified sexual activities or specified anatomical areas, where:

(1)

Specified sexual activities shall include:

a.

Human genitals in a state of sexual stimulation or arousal;

b.

Acts of human masturbation, sexual intercourse, or sodomy; or

c.

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(2)

Specified anatomical areas shall include:

a.

Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Adult use, bookstore: An establishment that devotes more than fifteen (15) percent of the total floor area utilized for the display of books and periodicals, or fifteen (15) percent of the total sale stock of the establishment, to the display and sale of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, compact discs, DVDs, records or any other forms of visual or audio representations which are characterized by an emphasis upon the depiction and description of specified sexual activities or specified anatomical areas; or

(2)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

An adult bookstore does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than fifteen (15) percent of the total floor area or total stock of the establishment to the sale of books and periodicals.

Adult use, drive-in theatre: An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats, and presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

Adult use, mini-motion picture theatre: An establishment, with a capacity of more than five (5) but less than fifty (50) persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

Adult use, model studio: Any establishment open to the public where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons, other than the proprietor, paying such consideration or gratuity. This provision shall not apply to any school of art which is operated by an individual, firm, association, partnership, corporation or institution which meets the requirements established in the Code of Virginia for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

Adult use, motion picture arcade: Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult use, motion picture theatre: An establishment, with a capacity of fifty (50) or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown and in which a substantial portion of the total presentation time is devoted to the showing of material which is distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

Agriculture. The tilling of the soil, the raising of crops, horticulture, forestry, and gardening, including the keeping of animals and fowl, and including any agricultural industry or business, such as fruit packing plants, dairies or similar use.

Alteration. Any change in the total floor area, use, adaptability or external appearance of an existing structure.

Amenities. Land or improvements that are included within a development that are not employed for the primary use, but which increase material or physical comfort of users or inhabitants of the development and may often add intangible value to a development.

Amusement center. Any establishment, business or location in which there are more than three (3) amusement games/devices.

Amusement game/device. A mechanical, electrical or electronic coin- or token-operated machine or device which may be operated by the public for use as a game, entertainment or amusement, including, but not limited to, such devices as pinball machines, video games or any game utilizing a video tube to produce or reproduce symbolic figures but excluding machines or devices which provide an electronic reading or weight, photograph, lamination or item of merchandise such as blood pressure machines, photo booths, vending machines and the like. This definition shall also include such devices as pool tables, billiard tables, carom tables, shuffle bowling, and other devices and gaming tables whether or not the same shall be coin- or token-operated.

Antenna. An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to FCC authorization, for the provision of personal wireless service and any commingled information services. (47 C.F.R. § 1.6002(b))

Antenna equipment. Any equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna. (47 C.F.R. § 1.6002(c))

Antenna facility. An antenna and associated antenna equipment. (47 C.F.R. § 1.6002(d))

Apartment house. A building used or intended to be used as the residence of three (3) or more families living independently of each other; a multifamily dwelling.

Applicant. A person or entity that submits a siting application and the agents, employees, and contractors of such person or entity. (47 C.F.R. § 1.6002(e))

Area requirements. The minimum lot size in square feet and/or acreage specified for lots; satisfaction of lot dimensions or area shall not be achieved by including land covered by water or flowage easements.

Authorization. Any approval that the County must issue under applicable law prior to the deployment of personal wireless service facilities, including, but not limited to, zoning approval and building permit. (47 C.F.R. § 1.6002(f))

Automobile graveyard. Any lot or place which is exposed to the weather and upon which five (5) or more motor vehicles of any kind, which vehicles are either incapable of being operated and or which it would not be economically practical to make operative, or which for a period of sixty (60) days or longer have been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle are placed, located or found. Demolishing and salvage operations are permitted as an accessory use to automobile graveyards provided these accessory uses are specifically approved by the board of supervisors as a part of a special use permit approval.

Automobile rental/leasing. Rental of automobiles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas.

Automobile service station or garage. Automobile service stations shall be considered as businesses having buildings (including accessory buildings) which are designed and used for the service and repair of automotive and general body repair, painting and engine overhauling. Noise, glare, fumes and smoke are common characteristics of automobile service stations and garages.

Base station. A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower, or any equipment associated with a tower.

(1)

The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(2)

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

(3)

The term includes any structure other than a tower that, at the time the relevant application is filed with the County, supports or houses equipment that has been reviewed or approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing such support.

(4)

The term does not include any structure that, at the time the relevant application is filed with the county, does not support or house equipment described in paragraphs (1) and (2) of this definition. (47 C.F.R. § 1.6100(b)(1))

Bed and breakfast establishments. A single-family, owner-occupied residence with rental of up to four (4) rooms to overnight guests and offering meals to such guests only. The following general regulations apply:

(1)

The use of the dwelling for a bed and breakfast establishment shall be clearly incidental and subordinate to its use for residential purposes by the family.

(2)

Exterior appearance of the structure shall not be altered from its single-family character.

(3)

Guests may stay for a period of fourteen (14) consecutive days.

(4)

One (1) on-site sign, not to exceed six (6) square feet, may be erected to identify the establishment.

(5)

Preparation of food shall not be allowed in any rental rooms and no appliances used for preparation or storage of food shall be allowed in rental rooms. This subsection shall not be interpreted to exclude a cooling device for beverages or ice.

(6)

Meals shall be served only to overnight guests with facilities for such meals to be governed by health department regulations.

Blocks. See Article III, Division 4 of Chapter 19, section 19-96 through 19-99.

Board of supervisors. The Franklin County Board of Supervisors, also referred to in this chapter as the "board" or "board of supervisors," who is the elected governing body for Franklin County.

Board of zoning appeals. The Franklin County Board of Zoning Appeals, a body appointed by the Circuit Court of Franklin County to hear and decide appeals from any order, requirement, decision or determination made by an administrative officer of the county in the administration or enforcement of this Zoning Ordinance. Further detailing of duties and powers will be provided in a subsection of this chapter.

Buffering and screening. Natural growth or fencing which shall serve as a barrier to vision and noise between adjoining properties, wherever required by this chapter. Natural growth shall be construed to mean evergreen trees, bushes and shrubbery which shall be continuous. Such natural growth shall be maintained. Fencing shall be uniform in nature and construction, with a minimum of six (6) feet in height.

Building. A structure having a roof supported by columns or walls, which is designed and intended to house, shelter, or enclose persons, animals, activities, processes, equipment, goods, materials, or personal property.

Building, accessory. A secondary and subordinate building which is incidental to and associated with a principal building and its corresponding principal use. An accessory building must be located on the same parcel of land as the principal building with which it is associated, and shall not exceed its associated principal building in terms of building footprint, gross floor area or height.

Building, principal. A primary building(s) which is devoted to, designed for, or intended to house, shelter, or enclose a principal use. A principal building must be located on the same parcel of land as the principal use it serves.

Building area. The area of a lot remaining after required yards, open spaces, and parking, loading and access areas have been provided.

Building code. The Virginia Uniform Statewide Building Code.

Building line. Also "building setback line." The line established beyond which a building shall not extend, except as provided specifically in this chapter.

Building inspector. An appointed official of Franklin County who is responsible for certifying building inspections and who administers and enforces the provisions of the county building code.

Building, main. The principal structure or one (1) of the principal buildings on a lot, or the building or one (1) of the principal buildings housing the principal use on the lot.

Building permit. A permit which is issued by the building inspector before a building or structure is started, improved, enlarged or altered as proof that such action is in compliance with the county building code.

Business. Any wholesale, retail or service activity established to carry on trade for a profit.

Business or trade schools. A use providing education or training in business, commerce, language, or other similar activity or occupational pursuit, and not otherwise defined as an educational facility, either primary and secondary, or college and university, or as a home occupation.

Business support services. Establishments or places of business engages in the sale, rental, or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, as well as temporary labor services.

Call center. A company, or office in a company, that handles inquiries, technical support calls, product orders or other communications with customers. Communications with customers might be by telephone, e-mail, internet chat, or any other method of digitally responding to customer needs. A single call center might provide these communication services to one (1) or more companies.

Camp, day. A lot, tract or parcel of land operated as either a commercial or noncommercial enterprise in which seasonal facilities are provided for all or any of the following: camping, picnicking, boating, fishing, swimming, outdoor games and sports, and activities incidental and relating to the foregoing.

Camping unit means and includes a tent, tent trailer, travel trailer, camping trailer, pickup camper, motor home, and any other device or vehicular-type structure for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time or travel.

Certificate of occupancy. The certificate issued by the building official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the building codes of the county and this chapter for use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit and/or zoning approval/permit.

Certificate of zoning compliance. This certificate states that the proposed use of a building or land conforms to the requirements of the Zoning Ordinance in accordance with the approved zoning permit or variance.

Club, public. Any for-profit or nonprofit organization organized and operated to provide facilities for dining, golf, tennis, swimming, boating, fishing, and/or other similar activities to its private or public self-perpetuating membership.

Cluster development. An arrangement of structures on adjoining lots in groupings allowing closer spacing than would be generally permitted under ordinance requirements for lot widths or area with the decrease in lot width or area compensated by maintenance of open space either elsewhere on the lot or in the form of common open space.

Plats show difference in development under typical lot-by-lot development and
zoning (left) and cluster development or zoning (right). Both tracts have the same
housing and pharmaceutical laboratories only involved in research and development.
Excluded are density, but cluster development allows for more open space.

Co-location. The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes. (47 C.F.R. § 1.6100(b)(2))

Commercial indoor amusement. Establishments which provide games of chance, skill or scoring as other than an incidental use of the premises. Games would include pinball and video machines, pool and billiard tables and other similar amusement or entertainment devices, whether or not they are coin-operated, and also card games, bingo, and off track betting. Typical uses include game rooms, pool halls, video arcades, and bingo halls.

Commercial indoor entertainment. Predominantly spectator uses conducted within an enclosed building. Typical uses include motion picture theaters, and concert or music halls.

Commercial indoor sports and recreations. Predominantly participant uses conducted within an enclosed building. Typical uses include bowling alleys, ice and roller skating rinks, indoor racquetball, swimming, and/or tennis facilities.

Commercial outdoor entertainment. Predominantly spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include sports arenas, motor vehicle or animal racing facilities, and outdoor amusement parks.

Commercial outdoor sports and recreation. Predominantly participant uses conducted in open or partially enclosed or screened facilities. Typical uses include driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, and motorized model airplane flying facilities.

Commission, The. The Planning Commission of Franklin County.

Common open space. An open tract or parcel of land not devoted to residential uses or structures but directly related and adjunct to a cluster development or planned development, as herein provided, and owned and/or controlled by the residents of such development.

Communications services. Establishments primarily engaged in the provision of broadcasting and other information relay services accomplished through the use of electronic and telephone mechanisms. Excluded from this use type are facilities classified as major utility services or towers. Typical uses include television or radio studios, telecommunication service centers, telegraph service offices or film and sound recording facilities.

Community center. A building, group of buildings or other place designed and/or used for the cultural, educational and/or recreational activities of the inhabitants of a definable geographic area and not operated for profit. Such area may include a single development.

Community dock, pier, or boat house. A boat dock, pier or boat house directly related and adjunct to a subdivision, cluster development, or planned development as herein provided, owned and/or controlled by the owners of the lots of such subdivision or development, and having no more than one secure mooring for each lot or dwelling unit within the said subdivision or development, and which may be used adjunct to the use of the individual lots within the subdivision and which way or may not have a commonly owned or shared walkway.

Conditional zoning. "Conditional zoning" means, as part of classifying land within a governmental entity into areas and districts by legislative action, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to the regulations provided for in a particular zoning district or zone by the overall zoning ordinance. It is the purpose of section 15.2-2296 of the Code of Virginia to provide a more flexible and adaptable zoning method to cope with situations found in such zones through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned.

Condominium. A single unit in a multiple-unit residential or commercial structure that is offered for sale and shall be a part of a condominium project with general common elements as defined in section 55-79.2, Code of Virginia, 1950.

Country store or general store. A retail store, the ground floor area of which is four thousand (4,000) square feet or less, and which offers for sale a wide variety of goods.

Cultural services. A library, museum, or similar public or quasi-public use displaying, preserving and exhibiting objects of community and cultural interest in one (1) or more of the arts or sciences.

Custom manufacturing. Establishments primarily engaged in the on-site production of goods by hand manufacturing, within enclosed structures, involving the use of hand tools, or the use of mechanical equipment commonly associated with residential or commercial uses, or a single kiln.

Dairy. A commercial establishment for the manufacture and sale of dairy products.

Data center. An enclosed facility, or part thereof, used to house computer systems and associated components, such as telecommunications and storage systems. Data centers generally include redundant or backup power supplies, redundant data communications connections, specialized environmental controls and various security devices.

Day care, child care facility. Any facility or center operated for the purpose of providing care, protection and guidance to a group of five (5) or more children separated from their parents or guardians during a part of the day only, except:

(a)

A summer camp.

(b)

A public school or private school, unless it is determined that such private school is operating a child care center outside of regular classes.

(c)

A school operated primarily for the educational instruction of children from two (2) to five (5) years of age at which children two (2) through four (4) years of age do not attend in excess of six and one-half (6½) hours per day.

(d)

A facility which provides child care on an hourly basis which is contracted for by a parent only occasionally.

(e)

A Sunday School conducted by a religious institution where children are cared for during religious services.

Demolisher. Any person, firm or corporation whose business is to convert a motor vehicle, trailer or semitrailer into processed scrap or scrap metal or otherwise to wreck or dismantle such vehicles.

Deployment. Placement, construction, or modification of a personal wireless service facility. (47 C.F.R. § 1.6002(h))

Detached tourist dwelling. A single-family dwelling not attached to any other dwelling by any means and located on an individual lot, that is occupied for recreational use by tenants paying rent for periods of thirty (30) days or less.

District. A section of Franklin County within which the zoning regulations are uniform.

Dwelling. Any structure which is designed for use for residential purposes, including those structures used as hotels, motels, boardinghouses, lodging houses, tourist cabins, apartments, travel trailers, and those structures used for the short-term rental for vacationing, tourist, or other rental use by tenants for periods of thirty (30) days or less, unless such short-term rental use is explicitly listed in the list of permitted uses or uses permitted by special use permit for the district in question.

Dwelling, multifamily. A structure arranged or designed to be occupied by more than three (3) families. This may include apartment or townhouse-type units. Excluded is the short-term rental of a multifamily dwelling for vacationing, tourist or other rental use by tenants for periods of thirty (30) days or less, unless such short term rental use is explicitly listed in the list of permitted uses or uses permitted by special use permits for the district in question.

Dwelling, portable. See the definition of "Manufactured Home."

Dwelling, single-family. A structure arranged or designed to be occupied by one family, the structure having only one dwelling unit. This excludes mobile homes, as defined. Also excluded is the short-term rental of a dwelling for vacationing, tourist, or other rental use by tenants for periods of thirty (30) days or less, unless such short term rental use is explicitly listed in the list of permitted uses or uses permitted by special use permit for the district in question.

Dwelling, two-family or duplex. A structure arranged or designed to be occupied by two (2) families, the structure having only two (2) dwelling units. The units may be arranged one above the other or be semidetached. Excluded is the short-term rental of a dwelling for vacationing, tourist or other rental use by tenants for periods of thirty (30) days or less, unless such short-term use is explicitly listed in the list of permitted uses or uses permitted by special use permit for the district in question.

Dwelling unit. One (1) or more rooms in a dwelling designed for living or sleeping purposes and having at least one (1) kitchen.

Easement. A grant by a property owner of the use of his land by another party for a specific purpose.

Eave. The lower portion of a roof that overhangs the wall.

Educational facilities, college/university. An educational institution authorized by the Commonwealth of Virginia to award associate, baccalaureate, or higher degrees.

Educational facilities, primary/secondary. A public, private, or parochial school offering instruction at the elementary, junior and/or senior high school levels in the branches of learning and study required to be taught in the public schools of the Commonwealth of Virginia.

Eligible facilities request. Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

(1)

Collocation of new transmission equipment;

(2)

Removal of transmission equipment; or

(3)

Replacement of transmission equipment. (47 C.F.R. § 1.6100(b)(3))

Eligible support structure. Any tower or base station, provided that it is existing at the time an application is filed with the county.

Equivalent residential connection (ERC). An equivalent residential connection (ERC) is the water (sewer) use consumed (produced) by a typical residential connection over a specified period of time (gallons per day or gallons per month). An equivalent residential connection (ERC) is equal to a minimum of three hundred (300) gallons per day (GPD) unless supportive data indicate otherwise and the variation is approved by the county. Design flows shall be based on the current Virginia Department of Health Waterworks Regulations and the State Water Control Board Sewage Collection and Treatment Regulations, and any governing state regulations subsequently approved.

Existing. A tower or base station that has been reviewed and approved under the applicable zoning or siting process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for the purposes of this definition. (47 C.F.R. § 6100(b)(4))

Existing structure. Any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to a locality or the Virginia Department of Transportation of an agreement with the owner of the structure to co-locate equipment on that structure. "Existing structure" includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers.

Facility or personal wireless service facility. An antenna facility or a structure that is used for the provision of personal wireless service, whether such service is provided on a standalone basis or commingled with other wireless communications services. (47 C.F.R. § 1.6002(i))

Feedlot, commercial, beef and dairy cattle (beef or dairy facility). A site where cattle are stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve-month period, or any other site designated by the Virginia Department of Environmental Quality, Division of Water as a "concentrated or intensified animal feeding operation" pursuant to the Permit Regulations for Virginia Pollution Discharge Elimination System and Virginia Pollution Abatement Permit Programs.

Feedlot, commercial, poultry (poultry facility). A site where poultry is stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve-month period, or any other site designated by the Virginia Department of Environmental Quality, Division of Water as a "concentrated or intensified animal feeding operation" pursuant to the Permit Regulations for Virginia Pollution Discharge Elimination System and Virginia Pollution Abatement Permit Programs.

Feedlot, commercial, swine (swine facility). A site where swine are stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve-month period, or any other site designated by the Virginia Department of Environmental Quality, Division of Water as a "concentrated or intensified animal feeding operation" pursuant to the Permit Regulations for Virginia Pollution Discharge Elimination System and Virginia Pollution Abatement Permit Programs.

Financial institutions. Provision of financial and banking services to consumers or clients. Walk-in and drive-in services to consumers are generally provided on site. Typical uses include banks, savings and loan associations, savings banks, credit unions, lending establishments and automatic teller machines (ATMs).

Flood hazard areas. A general term applied to all areas susceptible to flooding.

Flood insurance rate map (FIRM). A map(s) made available through the Federal Emergency Management Agency (FEMA), showing special flood hazard areas in Franklin County. These map(s) should be consulted by builders and developers and are found in the Franklin County Building Inspector's office.

Flood, 500-year. Contour line on flood insurance rate maps showing location of a flood level which on the average will occur once in five hundred (500) years.

Flood, 100-year. A flood of that level which on the average will have a one (1) percentum chance of being equaled or exceeded in any given year at designated locations.

Floodplain or flood-prone areas. Those areas adjoining a river, stream, watercourse or lake which have been or hereafter are likely to be covered by floodwaters.

Floor area. The sum of the gross areas of the several floors of a building or buildings measured from the exterior faces of exterior walls or from the centerlines of walls separating two (2) buildings.

(1)

In particular, floor area includes:

a.

Basement space, except such space in a basement which has at least one-third ( 1/3 ) of its height below curb level, and which is located in a residential building with not more than two (2) stories entirely above curb level;

b.

Elevator shafts or stairwells at each floor;

c.

Floor space in penthouses;

d.

Attic space (whether or not a floor has been laid) providing structural headroom of eight (8) feet or more;

e.

Floor space in interior balconies or mezzanines;

f.

Floor space in open or roofed terraces, exterior balconies, breezeways or porches, if more than fifty (50) percent of the perimeter of such terrace, balcony, breezeway or porch is enclosed;

g.

Any other floor space used for dwelling purposes, no matter where located within a building, when not specifically excluded;

h.

Floor space in accessory buildings except for floor space used for accessory off-street parking.

(2)

Floor area of a building shall not include:

a.

Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths;

b.

Elevator or stair bulkheads, accessory water tanks or cooling towers;

c.

Uncovered steps;

d.

Attic space, whether or not a floor actually has been laid, providing structural headroom of less than eight (8) feet;

e.

Floor space in open or roofed terraces, exterior balconies, breezeways or porches; provided, that not more than fifty (50) percent of the perimeter of such terrace, balcony, breezeway or porch is enclosed;

f.

Unenclosed floor space used for permitted or required accessory off-street parking spaces;

g.

Floor space used for accessory off-street loading berths;

h.

Floor space used for mechanical equipment.

Forestry operations. The use of land for the raising and harvesting of timber, pulp woods and other forestry products for commercial purposes, including the temporary operation of a sawmill and/or chipper to process the timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with land development approved by the county, which shall be considered accessory to the development of the property.

Frontage. The distance measured along the right-of-way line between its intersection with side lot lines.

Fuel center. Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any vehicle fuels, oils or accessories. This use can be a standalone business or accessory to another business.

Garage, principle. A building that may include a workshop and is used for the storage, maintenance and operation of personal property owned by the property owner, and not associated with any commercial activity. A garage, principle shall not be occupied as a dwelling unit and shall contain limited plumbing of only one (1) utility sink and one (1) toilet. This term shall include pole barns, sheds and other similar structures provided they comply with section 25-131 of this chapter.

Garage, private. Accessory building designed or used for the storage of automobiles owned and used by the occupants of the building to which it is accessory.

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

Governing body. The Franklin County Board of Supervisors.

Group home. A single-family dwelling occupied by an adult and his family and not more than eight (8) boys and/or girls unrelated to the adult under the supervision of that adult. All such children shall have been previously placed in such home by order of a court or by agreement with their respective legal guardians.

Height, building. The vertical distance from the grade to the top of the highest roof beams of a flat roof, or the mean level of the highest gable or slope of a hip roof. When the building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front. (BOCA code)

Height, story. The vertical distance from top to top of two (2) 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, when there is not a ceiling, to the top of the roof rafters. (BOCA code)

Home for developmentally disabled persons. A building or group of buildings containing one (1) or more dwelling units designed and/or used for housing mentally retarded or otherwise developmentally disabled persons not related by blood or marriage.

Home occupations. An occupation conducted in a dwelling unit for profit. The county uses two (2) categorizations of home occupations: Class A and Class B, with Class B being less restrictive.

The following general regulations apply:

(a)

The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by the family.

(b)

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign, not exceeding the sign regulations of this chapter.

(c)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in the immediate neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.

(d)

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises. Boardinghouses and roominghouses, tourist homes and private educational institutions shall not be deemed home occupations.

Home occupation, Class A. An occupation conducted in a dwelling unit for profit in connection with which no person other than members of the family residing on the premises is engaged in such occupation.

Home occupation, Class B. An occupation conducted in a dwelling unit for profit, with or without the use of one (1) or more accessory structures, in connection with which there are employed not more than three (3) persons other than members of the family residing on the premises, which persons may be in addition to such family members.

Hotel/motel/motor lodge. A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day, week or month. Such uses generally provide additional services such as daily maid service, restaurants, meeting rooms and/or recreation facilities.

Industry, Type I. Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Included would be assembly electrical appliances, bottling and printing plants, and the manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and other chemical production of items made of stone, metal or concrete.

Industry, Type II. Enterprises in which goods are generally mass produced from raw materials on a large scale through use of an assembly line or similar process, usually for sale to wholesalers or other industrial or manufacturing uses. Included in this use type are industries involved in processing and/or refining raw materials such as chemicals, rubber, wood or wood pulp, forging, casting, melting, refining, extruding, rolling, drawing, and/or alloying ferrous metals, and the production of large durable goods such as automobiles, manufactured homes, or other motor vehicles.

Information services facility. Any physical facility that provides, is designed to provide, or can provide an information service, whether solely or as part of a bundle. Physical facilities owned by certificated public service corporations solely to provide their certificated business or owned by cable companies to provide services within their franchised business, are excluded from this definition.

Inoperable vehicle. An inoperable vehicle means any motor vehicle which either is not in operating condition; and/or which it would not be economically practical to make operative, or which for a period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle. This term shall not include vehicles used in agricultural or horticultural purposes as provided for in section 46.2-665 of the Code of Virginia.

Junkyard. An establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard. The term shall also include private garbage dumps and private sanitary landfills.

Kennel, commercial. A place designed or prepared to house, board, breed, handle or otherwise keep or care for dogs and/or cats for sale or in return for compensation.

Laboratories. Establishments primarily engaged in performing research or testing activities into technological matters. Typical uses include engineering and environmental laboratories, medical, optical, dental and forensic laboratories, x-ray services, and pharmaceutical laboratories only involved in research and development. Excluded are any laboratories which mass produce one (1) or more products directly for the consumer market.

Lighting, building. Lighting that is intended to illuminate the exterior of a building, and which is housed in a lighting fixture that is attached to the building intended to be illuminated.

Lighting, full cut-off. A lighting fixture from which no light output is emitted at or above a horizontal plane drawn through the bottom of the lighting fixture, and which effectively precludes light trespass in an upward direction.

Lighting, landscape. Lighting that is intended to illuminate a landscape area or feature, and which is contained in a lighting fixture that is not attached to any building or structure.

Lighting, outdoor. Lighting which emanates from an outdoor light source, and which is intended to illuminate any outdoor area, where such area to be illuminated is visible from adjoining properties, or public or private streets.

Lighting, sign. Lighting that is intended to illuminate a sign.

Lighting, site. Lighting that is intended to illuminate improved areas of a site, including parking lots, driveways, sidewalks, pathways, storage areas, display areas, and service areas.

Lighting, street. Lighting that is intended to illuminate public or private streets.

Lighting, temporary. Lighting that is associated with an event, occasion, or purpose of limited duration, and where such lighting is not housed in a fixture permanently attached to the ground or any structure.

Livestock. Domestic animals normally raised on a farm such as draft horses, cows, swine, goats, sheep.

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

Lot area. The total horizontal area included within the rear, side and front lot lines or proposed streetlines of the lot, excluding any streets or highways, whether dedicated to public use, including off-street automobile parking areas and other accessory uses. Lot area shall not include portions under water except where the total area of a body of water is within the lot.

Lot, corner. A lot abutting on two (2) or more streets at their intersection.

Lot, depth of. The average horizontal distance between the front lot line and the rear lot line, measured along a straight line.

Lot, double frontage. An interior lot having frontage on two (2) streets which are parallel or approximately parallel.

Lot, interior. Any lot other than a corner lot, but including a through lot.

Lot, through. A lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.

Lot line. The boundary of a lot. As a guiding principle, lakefront lots at Smith Mountain Lake should have rear of side lot lines coterminous with the high water contour line for the lake so as to ensure that lot owners shall have legal access to the lake.

Lot width. The mean horizontal distance between the side lot lines.

Lot of record. A lot which has been recorded in the clerk's office of the circuit court.

Manufactured home. A structure subject to federal regulation, (constructed after July 1, 1976, that meets or exceeds Manufactured Home Construction and Safety Standards promulgated by the U.S. Department of Housing and Urban Development), transportable in one (1) or more sections; is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode; or is three hundred twenty (320) or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning and electrical systems contained therein. Excluded from this definition is the short-term rental of a dwelling for vacationing, tourist, or other rental use by tenants for periods of thirty (30) days or less, unless such short-term rental use is explicitly listed in the list of permitted uses or uses permitted by special use permit for the district in question.

Manufactured home lot. A parcel of land for the placement of a manufactured home and the exclusive use of its occupants.

Manufactured home park. Two (2) or more manufactured homes on a lot, tract or a parcel of land; provided, however that a second manufactured home may be located on a separate building lot without being considered a manufactured home park under the following circumstances:

(1)

The manufactured home is occupied only by a person or persons immediately related to the person or family in the principal dwelling on the lot. For the purposes of this section, "immediately related" shall be any person or persons who are natural or legally defined offspring, parents or grandparents of the owner of the principal dwelling;

(2)

A farm employee and his/her family who derives his/her principal means of livelihood from work on the farm; or

(3)

The parcel of land is more than one hundred (100) acres in size or area.

Marina. A facility situated on a lakeshore which provides launching and secure moorings for water-borne craft and may also provide supplies, fuel and marine repair services.

Medical office. Use of a site for facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which does not provide overnight care or serve as a base for an ambulance service. Medical offices are operated by doctors, dentists, or similar practitioners licensed by the Commonwealth of Virginia.

Micro-wireless facility. A small cell facility that is not larger in dimension than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that has an exterior antenna, if any, not longer than eleven (11) inches. (Code of Va. § 15.2-2316.3)

Mini-warehouse. See "self-service storage facility."

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

Nonconforming lot. An otherwise legally platted lot that does not conform to the minimum area and width requirements of this chapter for the district in which it is located either at the effective date of this chapter or as a result of subsequent amendments to this chapter.

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

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

Nonpublic water system. A water system which, as a general rule, does not provide water to the public for drinking or does not meet the requirements for a public water system; or a well used for obtaining water for drinking or domestic use located on an individual lot for the purpose of serving the main dwelling on said lot, with any new well to be at least a Class III-A drilled well as approved by the health department.

Notice, official. Notice by mail for the purposes of this chapter shall mean sending notice by registered mail/return receipt.

Office. A room or building in which a person transacts his business or carries on his stated occupation.

Off-site mass drainfields: A mass drainfield system for sewage disposal approved by the Virginia Department of Health and located on a parcel of land other than on the parcel of land that is the location of the principle use which the mass drainfield serves. A system located on the parent tract that is zoned in one zoning district and is to be subdivided into smaller lots or that is located on contiguous tracts of land that are similarly zoned and are under the unified control of the applicant shall not be considered an off-site system.

Off-site well, water tank and/or water systems. A well, water tank and/or water system approved by the Virginia Department of Health and/or Franklin County and located on a parcel of land other than that parcel of land that is the location of the principle use or uses which the well and/or water tank serves. A system located on the parent tract that is zoned in one zoning district and that is to be subdivided into smaller lots or located on contiguous tracts of land that are similarly zoned under the unified control of the applicant shall not be considered an off-site system.

Off-street parking area. Space provided for vehicular parking outside the dedicated street right-of-way.

On-site sewerage system. A sewerage system designed not to result in a point-source discharge, including individual septic tanks used by the main dwelling or structure on an individual lot, or a sewage treatment plant approved by the health department and meeting all requirements and standards of Franklin County Code chapter 22.

Two (2) different subcategories of system specifically recognized:

(a)

Individual on-site sewerage system: A wastewater treatment system included on an individual lot or parcel on which the health department has approved an individual septic tank or other wastewater treatment system to serve a structure, a single-family dwelling or duplex dwelling along with a septic system drainfield to serve a structure, a single-family dwelling or duplex dwelling.

(b)

Mass drainfield on-site sewerage system: A wastewater treatment system on a lot or common area or parcel that is normally separated from residential or other subdivision lots that may or may not be contiguous. Both septic tank or sewage treatment plant and drainfield serve multiple units of residential uses or other uses.

Open space. Water or land left in undistributed open condition or developed as a landscaped area unoccupied by habitable buildings, streets or parking lots. Also a yard area which is not used for or occupied by a driveway, off-street parking, loading space or refuse storage space.

Open space easement. An easement tied to the title of the land restricting the development rights so to ensure the retention of the land as open space.

Outdoor gathering. Any temporary organized gathering expected to attract five hundred (500) or more people at one time in open spaces outside an enclosed structure. Included in this use type would be music festivals, church revivals, carnivals and fairs, and similar transient amusement and recreational activities not otherwise listed in this section. Such activities held in public parks, university campuses or on public school property shall not be included within this use type.

Parapet. That part of a wall entirely above the roof.

Park and ride facility. A publicly owned, short-term, parking facility for commuters.

Patio house, atrium house. A single-family dwelling having an open, landscaped courtyard partially or completely surrounded by living areas, which courtyard provides the main source of light and air for such dwelling.

Permitted use. A permitted use is one which is allowed in the zoning district in which the land is situated. Where the proposed use is permitted and is in accordance with other regulations herein, a zoning permit will be issued by the zoning administrator without hearing thereon.

Personal improvement services. Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness studios, reducing salons, dance studios, handicraft and hobby instruction.

Personal services. Establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; massage studios; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving individuals and households.

Planning commission. The Franklin County Planning Commission, which may be referred to in this chapter as the planning commission or the commission, and which is created in order to promote the orderly development of Franklin County and its environs and which shall serve primarily in an advisory capacity to the board of supervisors.

Post office. Postal services directly available to the consumer operated by the United States Postal Service.

Preserves and conservation areas. An area in which the renewable resources of soil, water, wildlife and forest are protected and managed in accordance with principles that assure their optimum economic and social enjoyment.

Primitive campground. An undeveloped lot or parcel of land operated without electrical utilities (public or private) or a man-made water supply. The primary use being camping with a tent or without shelter. Recreational vehicles are prohibited.

Private dock, pier, or boathouse. A structure designed or used for the mooring and/or storage of boats owned and used by the occupants or owners of the residence or residential lot on which the structure is located. "Lot" as used in this definition shall include any appurtenant easements contiguous to said lot allowing in any way access to the waters of Smith Mountain Lake and located below the eight hundred-foot contour line of Smith Mountain Lake.

Private school. Shall include private schools, colleges or universities, private instructional/training institutions.

Professional offices. The office of a person engaged in any occupation, vocation or calling, not purely commercial, mechanical or agricultural, in which a knowledge or skill in some science or area of learning is used in its practical application to the affairs of others, either advising or guiding them in serving their interests or welfare through the practice of an act founded thereon.

Public assembly. Facilities owned and operated by a public or quasi-public agency accommodating public assembly for sports, amusement, or entertainment purposes. Typical uses include auditoriums, sports stadiums, convention facilities, fairgrounds, and incidental sales and exhibition facilities.

Public maintenance and service facilities. A public facility supporting maintenance, repair, vehicular or equipment servicing, material storage, and similar activities including street or sewer yards, equipment services centers, and similar uses having characteristics of commercial services or contracting or industrial activities.

Public parks and recreational areas. Publicly-owned and operated parks, picnic areas, playgrounds, indoor or outdoor athletic facilities, game preserves and open spaces.

Public sewerage system. Any sewerage system, either on-site or off-site, that serves three (3) or more structures, dwellings, or equivalent residential connections (ERC's). Such systems having a treatment capacity of one thousand, two hundred (1,200) gallons per day or more of sewage effluent shall require a special use permit in accordance with the provisions of this chapter. Such sewerage systems may be owned or operated by Franklin County, any incorporated place within Franklin County, a state-chartered authority, private utility sanitary district, or any other present or future body having authority under State Code to provide sewer service to multiple users or the general public. These systems may result in a point discharge as approved by the Virginia Department of Environmental Quality, or they may result in a discharge into a drainfield area as approved by the Virginia Department of Health. Public sewerage systems shall meet all the standards and requirements of Franklin County Code chapter 22.

Public utilities. Publicly or privately owned public service structures such as power plant substations, water lines, water tanks, on- or off-site water treatment plants or pumping stations, on-site or off-site sewage disposal systems, pumping stations, treatment plants, and public sewerage systems having either a point discharge or discharging into a drainfield as approved by the Virginia Department of Health or the Virginia Department of Environmental Quality, and meeting all state, federal and local codes and regulations, or such similar operations, furnishing electricity, gas, rail transport, communication or related services to the general public or the public within a defined service area. Publicly or privately owned off-site water tanks, water treatment plants, water pumping stations, power plant substations, on-site or off-site sewage disposal systems or sewage treatment plants having a treatment capacity of one thousand, two hundred (1,200) gallons per day or more of sewage effluent, and having either a point discharge or discharge into a drainfield, or other public utilities furnishing electricity, gas, rail transport, communication or related services to the general public or the public within a defined service area shall be approved by special use permit in designated zoned areas of Franklin County.

Public water system. Any water system that serves three (3) or more structures, dwellings, or equivalent residential connections (ERCs). Such water systems may be owned or operated by Franklin County, any incorporated Town of Franklin County, a state-chartered authority, private utility or sanitary district that operates or will operate in Franklin County, and any future agency or agent of the county providing water services to multiple users. These systems provide for drinking or domestic water use, are approved by the State Health Department and Franklin County, such that any system serving three (3) or more structures, dwellings, or equivalent residential connections must be approved by Franklin County, while those having at least fifteen (15) connections or an average of twenty-five (25) individuals for at least sixty (60) days out of the year must be approved by the State Health Department and Franklin County. New public water systems shall meet all the standards of Franklin County Code chapter 22 including fireflow.

Quadruplex; quadplex. A multiple-family dwelling or series of attached single-family dwellings containing four (4) dwelling units.

Recreation area or park. Any establishment operated as a public or private enterprise in which seasonal facilities directly related to outdoor recreation are provided for all or any of the following: camping, lodging, picnicking, boating, fishing, swimming, outdoor games and sports, and activities incidental and related to the foregoing. A private recreation area does not include miniature golf grounds, golf driving ranges, mechanical amusement devices or accessory uses such as refreshment stands, equipment sales or rentals.

Recreational vehicle sales and service. Retail sales of recreational vehicles and boats, including service and storage of vehicles and parts and related accessories.

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

Residential area (gross). The total area within a residential development including land, but not land under impounded water or a flowage easement.

Residential area (net). The area of land within a development designed for residential uses and unoccupied by streets, open spaces or parking areas. Private driveways accessory to residential uses shall not be considered streets or parking areas and are thus included in the net area.

Residential density (gross). The total number of dwelling units within a development divided by the gross residential area and expressed in dwelling units per acre.

Residential density (net). The total number of dwelling units within a development divided by the net residential area and expressed in dwelling units per acre.

Residential use. A building or part of a building containing dwelling units or rooming units, including single-family or two-family houses, multiple-family dwellings, mobile homes, boardinghouses or roominghouses, dormitories, fraternity or sorority houses or apartment hotels; but not including monasteries, convents, transient accommodations (such as hotels, motels, tourist cabins or travel trailer parks) or that part of a mixed building used for any nonresidential use, except accessory to residential uses.

Restaurant, drive-in or fast food. An establishment primarily engaged in the preparation of food and beverages, for either take-out, delivery or table service, served at a counter, a drive-up or drive through service facility or by curb service. Typical uses include drive-in or fast food restaurants or coffee shops.

Restaurant, general. An establishment engaged in the preparation and consumption of food and beverages and characterized primarily by table service to customers in non-disposable containers. Typical uses include cafeterias, dinner theatres, taverns, brewpubs, and cafes.

Retail sales. Sale or rental with incidental service of commonly used goods and merchandise for personal or household use but excludes those classified more specifically by these use type classifications.

Retail stores and shops. Buildings for display and sale of merchandise at retail or for the rendering of personal services. Examples include: drug store, newsstand, food store, candy shop, milk dispensary, dry goods and notions store, antique store and gift shop, hardware store, household appliance store, furniture store, florist, optician, music store, barber shop and beauty shop and boutiques. Discount stores are also included.

Right-of-way. Access over or across particularly described property for a specific purpose or purposes

Right-of-way line. The dividing line between a lot, a tract or parcel of land and a contiguous street, railroad or public utility right-of-way.

Right-of-way, locally-owned. Land, owned in fee simple by Franklin County, Virginia, or its governing body, whether by acquisition or dedication, that is dedicated to public use for the purpose of public passage.

Right-of-way, prescriptive. Any easement for passage by the general public that is maintained by the Virginia Department of Transportation but the land under which is owned by the abutting landowner(s), regardless of whether it was established by prescription, dedication and acceptance under the Map Act of 1888, or otherwise.

Right-of-way, public. Land, owned in fee simple by the Commonwealth of Virginia or a political subdivision thereof, dedicated to public use for the purpose of public passage.

Right-of-way, railroad. Land owned and dedicated for railroad use and subject to the jurisdiction of the surface transportation board.

Safety services. Facilities for the conduct of safety and emergency services for the primary benefit of the public, whether publicly or privately owned and operated, including police and fire protection services and emergency medical and ambulance services.

Sanitary landfill. A place for the disposal of solid wastes approved in accordance with the regulations of the department of health.

Sawmill, permanent. A sawmill permanently located for the processing of timber without regard to the point of origination.

Sawmill, temporary. A portable sawmill located on private property for the processing of timber cut only from that property or from property immediately contiguous and adjacent thereto, or incidental processing of timber transported from other property.

Self-service storage facility. A structure containing separate, individual, controlled-access storage units of various sizes that are leased or owned for the storage of property and goods.

Setback. The minimum distance by which any building, structure and/or parts must be separated from the centerline of roadway or property line.

Setback line. A line parallel to a street and extending the full width of the lot for a specified distance at all points from the street's centerline, and thus defining an area in which no building or structure or portions thereof may be constructed.

Short-term tourist rental of dwelling. The rental of a dwelling for periods for thirty (30) days or less.

Sign. Any display of any letters, words, numerals, figures, devices, emblems, pictures, or any part or any parts or combinations thereof by any means whereby the same are made visible for the purpose of making anything known, whether such display be made on, attached to or as a part of a structure, surface or any other thing, including, but not limited to, the ground, any rock, tree or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made. A display of less than one (1) square foot in area is excluded from this definition.

Sign area. The area of a sign shall be determined from its outside measurements, including any wall work incidental to its decoration, but excluding supports, unless such supports are used to attract attention. In the case of a sign where lettering appears on opposite sides of the sign, the area shall be considered to be that of only one. In the case of an open sign made up of individual letters, figures or designs, the area shall be determined as if such display were made on a sign with straight lines or circular sides.

Sign, vehicle-displayed. A sign, consisting of a fixed message or a changeable message panel, which is attached, affixed, or otherwise displayed on a stationary motor vehicle, trailer, or other mobile platform that is capable of being moved or relocated on its own chassis.

Site plan. The proposal for a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such other information as required by the subdivision ordinance or other ordinances to which the proposed development or subdivision is subject. Site development plans and requirements for them may apply to developments whose purpose is for uses other than residential.

Siting application or application. A written submission to the County requesting authorization for the deployment of a personal wireless service facility at a specified location. (47 C.F.R. § 1.6002(j))

Small wireless facilities. Facilities that meet each of the following conditions:

(1)

The facilities:

a.

Are mounted on structures fifty (50) feet or less in height including their antennas;

b.

Are mounted on structures no more than ten (10) percent taller than other adjacent structures; or

c.

Do not extend existing structures on which they are located to a height of more than fifty (50) feet or more than ten (10) percent, whichever is greater;

(2)

Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three (3) cubic feet in volume;

(3)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume; and

(4)

The facilities do not require antenna registration with the FAA.

Solid waste collection site. A publically owned and or operated site where county residents can legally dispose of their household waste. Waste collected at these sites is periodically transferred to an approved sanitary landfill for final disposal. Solid waste collection sites may or may not have a county employee working at the site to provide site maintenance and assist residents with the proper disposal of waste.

Special use/special exception. A special use that is a use not permitted in a particular zoning district except by a special use permit granted under the provisions of this Zoning Ordinance.

The terms "special exception" and "special use permit" are typically considered to be interchangeable. Both terms refer to the delegated power of the state to set aside certain categories of uses which are to be permitted only after being submitted to governmental scrutiny in each case, in order to ensure compliance with standards designed to protect neighboring properties and the public. (Code of Virginia)

The Franklin County Board of Supervisors shall be responsible for the granting, or refusal to grant, special use permits (special exceptions).

Special use permits. See "Special Exception." Special use permits may be considered as the actual writing of the action taken by the Franklin County Board of Supervisors in granting a special exception (special use) requested by a person or other entity.

Stable, commercial. A building or group of buildings where, for compensation, members of the public are provided with horses for hire, accommodations for their horses and/or lessons in riding.

Storage—Boat, recreational vehicle, and recreational trailer: An area dedicated for the common storage of boats, recreational vehicles, and recreational trailers; provided however that no storage shall be allowed within yards or setback areas required by other sections of this Zoning Ordinance.

Storage yard. A space or place for storing materials that is unoccupied and unobstructed from the ground upward, except for the material being stored; provided, however than no material shall be stored within yards or setback areas required by other sections of this Zoning Ordinance.

Street; road. A public thoroughfare which affords principal means of access to abutting property. The strip of land comprising the entire area within the right-of-way intended for possible use as a means of vehicular and pedestrian circulation to provide access to more than one (1) lot. The word "street" includes road, thoroughfare, parkway, avenue, lane, boulevard, expressway, highway, place, throughway, square, alley, or however designated within the above-maintained right-of-way.

Street centerline. A line generally parallel to the right-of-way lines that equally divide the street right-of-way.

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

Structure. Anything constructed or erected, the use of which requires permanent location or placement on the ground or attachment to something having a permanent location or placement on the ground.

Structure, accessory. A secondary and subordinate structure which is incidental to and associated with a principal structure and its corresponding principal use. An accessory structure must be located on the same parcel of land as the principal structure with which it is associated.

Structure, principal. A primary structure(s) which is devoted to, designed for, or intended to be used by a principal use. A principal structure must be located on the same parcel of land as the principal use it serves.

Structure, wireless. A pole, tower, base station, or other building, whether it has an existing antenna facility, that is used or to be used for the provision of personal wireless service (whether on its own or commingled with other types of services). (47 C.F.R. § 1.6002(m))

Studio, fine arts. A building, or portion thereof, used as a place of work by a sculptor, artist, or photographer.

Subdivide. To divide any tract, parcel or lot of land into two (2) or more parts, any of which contains an area of less than five (5) acres. The agent shall permit a bona fide division or partition of agricultural land for agricultural purposes. The agent shall permit a single parcel separation from another tract when it is for the purpose of providing a site for a volunteer fire department, rescue squad, church, civic nonprofit organization or a cemetery. For such fire department or rescue squad use, certain approval, as set forth in the following paragraph under this definition, will be required.

The agent shall permit the separation of one (1) or more parcels from a tract of land without complying with all requirements of this chapter, if:

(1)

It is not in conflict with the general meaning and purpose of the chapter;

(2)

No new streets are required to serve the parcel;

(3)

Each parcel is at least twenty thousand (20,000) square feet in area; and

(4)

Each parcel has not less than one hundred (100) feet of frontage on a state-maintained road.

The local health department must approve the water supply and method of sewage disposal and Franklin County must approve that the subdivision conforms to and meets or is exempt from any applicable requirements and standards of chapter 22 of the Franklin County Code prior to sale of any parcel. A plat of the partition shall be forwarded to the Virginia Department of Transportation by the agent for review and comment.

The agent shall permit a landholder to acquire adjoining property if it is not in conflict with the general meaning and purpose of the chapter. Any resale of any such property so acquired shall be subject to all requirements for the subdivision of land as contained in this Code.

The agent shall permit a single division of a lot or parcel of land for the purpose of sale or gift to a member of the immediate family of the property owner. Only one (1) such division shall be allowed per family member and such division shall not be for the purpose of circumventing the provisions of this chapter. All family exemptions shall have the following statement added to the deed of transfer:

I,	_______	hereby certify that	_______	is my legal	_______
	Grantor		Grantee	Type Relationship

 

This portion of land is in accordance with section 19-3 of the Franklin County Subdivision Ordinance.

      Signature of Grantee

      Signature of Witness

In cases of unusual situations or when strict adherence to the general regulations of this chapter would result in substantial injustice or hardship, the agent may, subject to the provisions of section 19-4, grant variations in or exceptions to the general regulations of this chapter.

Substantial change. A modification to an eligible support structure that meets any of the following criteria:

(1)

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten (10) percent or by the height of one (1) additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for eligible support structures in the public rights-of-way, it increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater;

(2)

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

(3)

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets: or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

(4)

It entails excavation or deployment outside the current site;

(5)

It would defeat the concealment elements of the eligible support structure; or

(6)

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds in paragraphs (1)—(5) of this definition.

Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to February 22, 2012. (47 C.F.R. § 1.6100(b)(7))

Temporary construction facility. A temporary building or structure designed, arranged and intended for the on-site management or oversight of construction or development activity. Temporary construction facilities may also contain temporary storage yards for the purpose of storing equipment and materials which are needed for on-site construction or development.

Temporary event. An activity involving the gathering of people for entertainment or a common social purpose, which involves paid admission and takes place outdoors, and which may include public performance, amplified music or the sale of food or beverage.

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas. The term includes but need not be limited to radio and television transmission towers, microwave towers, common-carrier towers, and cellular telephone and wireless communication towers. Broadcasting tower types include, but are not limited to monopoles, lattice towers, wooden poles, and guyed towers. Excluded from this definition are amateur radio towers, which are described separately.

Tower, amateur radio. A structure, including cables, guy wires, or other structural supports, on which an antenna is installed for the exclusive purpose of transmitting and receiving noncommercial radio signals without remuneration, and which is operated by an amateur radio operator licensed by the Federal Communications Commission.

Townhouse. A residential unit in a series of more than one (1) to twelve (12) single-family attached dwellings separated from one another by common vertical walls with no openings.

Triplex. A multiple-family dwelling or series of attached single-family dwellings containing three (3) units.

Truck terminal. A facility for the receipt, transfer, short term storage, and dispatching of goods transported by truck. Included in the use type would be express and other mail and package distribution facilities, including such facilities operated by the U.S. Post Office.

Use. An activity, process, operation, or purpose to which land, or a building or structure located thereon, is devoted, and for which such land, building or structure is or may be utilized, occupied or maintained.

Use, accessory. A secondary and subordinate use of the land, which is incidental to, associated with, and dependent upon a principal use.

Use, principal. A primary use(s) for which a given parcel of land, or the principal structure or building thereon, is designed, arranged, developed, or intended.

Utility pole. A structure owned, operated, or owned and operated by a public utility, local government, or the Commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity.

Utility services, major. Services of a regional nature which normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities and stations or substations, community waste water treatment plants, and similar facilities. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature which are not otherwise reviewed and approved by the Virginia State Corporation Commission.

Utility services, minor. Services which are necessary to support development within the immediate vicinity and involve only minor structures. Including in this use type are distribution lines and small facilities that are underground or overhead, such as transformers, relay and booster devices, stormwater management facilities and well, water and sewer pump stations. Also included are all major utility services which were in existence prior to the adoption of the ordinance from which this section derives.

Variance means, in the application of this Zoning Ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land, or the size, height, area, bulk or location of a building or structure when the strict application of this chapter would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of this chapter. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.

Also, establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or adjoining districts.

Warehousing and distribution. Uses including storage, warehousing and dispatching of goods within enclosed structures. Typical uses include wholesale distributors, storage warehouses, moving/storage firms.

Water system. See public water system.

Water tower. A water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.

Wayside stand; roadside stand; wayside market. Any structure or land used for the sale of agricultural or horticultural produce or merchandise produced by the owner or his family on their farm.

Wind energy facility. An electricity-generating facility that converts wind energy into 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 which has a rated capacity to generate more than 100 kilowatts but less than one megawatt of electricity.

Wind energy facility, small system. A wind energy conversion system which has a rated capacity to generate not more than one hundred (100) kilowatts of electricity, consists of no more than one wind turbine and tower; and generates electricity primarily for onsite use and consumption.

Wind energy facility, utility scale. A wind energy system conversion system which has a rated capacity to generate 1 megawatt or more of electricity.

Wind energy facility, wind farm. See "wind energy facility, utility scale."

Wind energy facility, wind turbine. A wind energy conversion system that converts wind energy into electricity through the use of a turbine generator, and may include a nacelle, rotor, tower and pad transformer.

Windmill: A machine designed to convert the energy of the wind into more useful forms of energy using rotating blades to turn mechanical equipment to do physical work, without producing electricity. Windmills, as defined, are not regulated as wind energy facilities.

Wireless facility. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and (ii) radio transceivers, antennas, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

Wireless infrastructure provider. Any person that builds or installs transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider.

Wireless services. A personal wireless service: (i) "personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C)(i); (ii) "personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities; and (iii) any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities.

Wireless services provider. A provider of wireless services.

Wireless support structure. A freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. "Wireless support structure" does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service or electrical utility pole or any tower used for the distribution or transmission of electrical service. (Code of Va. § 15.2-2316.3)

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

(a)

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

(b)

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

(c)

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

Smith Mountain Lake. Front yards for lots and lots in subdivisions that border on the edge of Smith Mountain Lake shall be assumed to be located between the principal building on the lot and the road fronting the lot; front yards shall not be considered to lie between the principal building and the lake.

Zoning or "to zone" means the process of classifying land within a governmental entity into areas or districts, such areas and districts being generally referred to as "zones," by legislative action and the prescribing and application in each area and district of regulations concerning building and structure designs, building and structure placement, and uses to which land, buildings and structures within such designated areas and districts may be put.

The local government may regulate, restrict, permit, prohibit and determine the following:

(a)

The use of land, buildings, structures and other premises for agricultural, business, industrial, residential, floodplain and other specific uses;

(b)

The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures;

(c)

The areas and dimensions of land, water and air space to be occupied by buildings, structures and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available or used;

(d)

The excavation or mining of soil or other natural resources.

Zoning district, overlay. Any section of Franklin County, Virginia, for which regulations governing the use of buildings and land, the height of building, the size of yard, and the intensity of use are uniform and which district overlays one (1) or more principal zoning districts so as to impose special requirements in addition to the requirements of the principal zoning district.

Zoning district, principal. Any section of Franklin County, Virginia, for which regulations governing the use of buildings and land, the height of buildings, the size of yards, and the intensity of use are uniform. Whenever used in this chapter the term "district" or "zoning district" shall mean the same as the term "principal zoning district," as if the latter term were fully set out.

Zoning map. The official zoning district map for Franklin County.

(Ord. of 5-25-88; Res. No. 22-12-93, § 3, 12-21-93; Res. of 8-17-94; Res. No. 19-10-94, § 1, 10-18-94, Res. No. 21-10-94, 10-18-94; Res. No. 22-10-94, 10-18-94, Res. No. 38-11-95, 11-21-95; Amend. of 12-19-95; Amend. of 9-16-97; Res. No. 22-05-98, 5-19-98; Res. No. 26-09-99, 9-21-99; Res. No. 16-03-2001, 3-20-01; Ord. of 2-15-05(3); Ord. of 9-21-04; Ord. of 2-21-06(2); Amend. of 3-25-08(5); Res. No. 26-05-2008, 5-20-08; Res. No. 12-10-2008, 10-21-08; Res. No. 13-10-2008, 10-21-08; Res. No. 14-10-2008, 10-21-08; Res. No. 15-10-2008, 10-21-08; Res. No. 15-04-2009, 4-21-09; Res. No. 5-05-2009, 5-19-09; Res. No. 16-05-2009, 5-19-09; Res. No. 12-07-2010, 7-20-10; Res. No. 12-07-2014, 7-15-14; Res. No. 14-06-2015, 6-16-15; Ord. No. 06-08-2016, 8-16-16; Res. No. 10-01-2017, 1-17-17; Ord. No. 16-12-2019 , 1-8-20)

(Ord. of 5-25-88; Res. No. 22-12-93, § 3, 12-21-93; Res. of 8-17-94; Res. No. 19-10-94, § 1, 10-18-94, Res. No. 21-10-94, 10-18-94; Res. No. 22-10-94, 10-18-94, Res. No. 38-11-95, 11-21-95; Amend. of 12-19-95; Amend. of 9-16-97; Res. No. 22-05-98, 5-19-98; Res. No. 26-09-99, 9-21-99; Res. No. 16-03-2001, 3-20-01; Ord. of 2-15-05(3); Ord. of 9-21-04; Ord. of 2-21-06(2); Amend. of 3-25-08(5); Res. No. 26-05-2008, 5-20-08; Res. No. 12-10-2008, 10-21-08; Res. No. 13-10-2008, 10-21-08; Res. No. 14-10-2008, 10-21-08; Res. No. 15-10-2008, 10-21-08; Res. No. 15-04-2009, 4-21-09; Res. No. 5-05-2009, 5-19-09; Res. No. 16-05-2009, 5-19-09; Res. No. 12-07-2010, 7-20-10; Res. No. 12-07-2014, 7-15-14; Res. No. 14-06-2015, 6-16-15; Ord. No. 06-08-2016, 8-16-16; Res. No. 10-01-2017, 1-17-17; Ord. No. 16-12-2019 , 1-8-20)