§ 154.2.003 DEFINITIONS.

   (A)   General usage. Unless otherwise specified, all distances shall be measured horizontally and at right angles to the line in relation to which the distance is specified. In this chapter, words used in the present tense include the future tense; words in the singular number include the plural number and words in the plural number include the singular number; unless the obvious construction of the wording indicates otherwise. Certain frequently used words and terms are herein defined as follows:

      (1)   The word MAY is permissive;

      (2)   The word SHALL is mandatory;

      (3)   The word BUILDING includes STRUCTURES;

      (4)   The word LOT includes a PLOT and/or PARCEL;

      (5)   The word USED shall be deemed also to include DESIGNED, ERECTED, RECONSTRUCTED, ALTERED, PLACED or MOVED. (See also definition of USE in division (C) below);

      (6)   The terms LAND USE and USE OF LAND shall be deemed also to include BUILDING USE and USE OF A BUILDING;

      (7)   The word STATE means the Commonwealth of Virginia;

      (8)   The word TOWN means the incorporated towns of Northampton County Commonwealth of Virginia, and the term TOWN BOUNDARY means any exterior boundary of an incorporated town;

      (9)   The word COUNTY means the County of Northampton, Commonwealth of Virginia, and the term COUNTY BOUNDARY means any exterior boundary of the county or any boundary of unincorporated territory within the county; the word BOARD means the Board of Supervisors of Northampton County;

      (10)   The word PERSON includes a firm, association, organization, partnership, trust, company, corporation, partnership and bodies politic and corporate as well as an individual;

      (11)   The terms BOARD OF APPEALS or BZA shall mean the Board of Zoning Appeals of Northampton County, Virginia and/or the incorporated town(s);

      (12)   The words PLANNING COMMISSION shall mean the Planning Commission of Northampton County, Virginia, and/or the incorporated town(s);

      (13)   The words TOWN COUNCIL shall mean the governing body of the incorporated town(s) within Northampton County;

      (14)   The word ADJACENT means abutting, touching or contiguous to;

      (15)   The terms CODE OF VIRGINIA and VA CODE shall mean the Code of Virginia, 1950, as amended;

      (16)   The terms THIS CHAPTER and THIS ORDINANCE mean the Northampton County Zoning Ordinance;

      (17)   The term CIRCUIT COURT means the Circuit Court of Northampton County, Virginia;

      (18)   The term 2009 COMPREHENSIVE AMENDMENTS means the comprehensive text and map amendments to this chapter adopted on October 20, 2009. The effective date of the October 21, 2009 Comprehensive Zoning Ordinance Amendments shall be 12:01 a.m. on the calendar day following their adoption;

      (19)   The term ADOPTION DATE means that date that this chapter, or a specific amendment thereto, was adopted by the Board of Supervisors. The term EFFECTIVE DATE means that date that the chapter, or a specific amendment thereto, became effective and in force. If an adopted amendment does not specifically state an effective date, it shall become effective at 12:01 a.m. on the next calendar day following adoption.

   (B)   Interpretation by Zoning Administrator. In case of any dispute over the meaning of a word, phrase or sentence, whether defined herein or not, the Zoning Administrator is authorized to make a definite determination thereof, being guided in such determination by the purposes and intent of this chapter as set forth in § 154.2.002; provided, however, that an appeal may be taken from any such determination as provided in §§ 154.2.225 et seq. In the absence of a specific definition, words shall be given the generic meaning provided by the current edition of the Webster Collegiate Dictionary.

   (C)   Specific definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      ACCESS. A way or means of approach or admission.

      ACCESSORY DWELLING. An attached or detached dwelling used as a residence that is subordinate to a single-family dwelling and is constructed in conformity with the performance standards in § 154.2.117.

      ACCESSORY GOODS AND/OR SERVICES. Products, processes, or services related to the retail sale of locally-produced goods and services, which would reasonably and practicably add to the convenience, safety, or enjoyment of the service or the use or consumption of the primary product, or would further promote locally-produced goods and services, and which are clearly subordinate to the primary product or service.

      ACCESSORY USE OR STRUCTURE. A use or structure which is:

         (a)   Clearly incidental to and customarily found in connection with the principal use and structure;

         (b)   Subordinate to and serves the principal use or structure;

         (c)    Located on the same lot or parcel as the principal use or structure;

         (d)   Not, in case of accessory structures, attached by any common wall or by a common roof to a principal structure;

         (e)   Not considered to pose a demonstrated environmental hazard or to require a separate authorization or permit from a regulatory authority other than the Health Department.

      ACREAGE. Any parcel of land described by metes and bounds on the county's tax maps and not shown on a plat of a recorded subdivision legally admitted to record.

      ADMINISTRATOR. The Zoning Administrator of Northampton County and of incorporated towns under the jurisdiction of this chapter and her/his designee. See ZONING ADMINISTRATOR.

      ADULT DAY CARE. A facility equipped and staffed to provide daily caretaking of adults unable to care for themselves, or those who cannot be left alone, with no overnight accommodations.

      ADVERSE IMPACT. An impact that creates, imposes, aggravates, or leads to inadequate, impractical, unsafe, or unhealthy conditions on a site or degrades or damages environmental, cultural, or other resources on a site proposed for development or on off-site property or facilities.

      AFFORDABLE HOUSING. Housing, either rental or owned which is accessible to any or all of the HUD-defined income categories up to and including "middle income," based on the "area median income," such that the occupant pays not more than 30% of his/her gross income for gross housing costs, including utilities, consistent with VA Code § 15.2-2201.

      AGRICULTURE - DOMESTIC HUSBANDRY. Agricultural uses, structures and buildings that meet the following criteria:

         (a)   Shall comply with § 154.2.110 Domestic Husbandry, Traditional Husbandry and Intensive Farming Uses, Facilities, Structures and Buildings;

         (b)   Shall be directly associated with the production and sale of farm animals or livestock kept for the majority of their lives unconfined within the property boundaries;

         (c)   Shall be fully for home consumption or hobby;

         (d)   May include riding / boarding and equine training activities; and

         (e)   Shall not include uses, structures and building defined as agricultural - traditional husbandry; but may include smaller confined animal feeding operation, confined poultry operation or concentrated confined animal feeding operation regulated by the VA Code which are not required to obtain an individual Virginia Pollution Abatement (VPA) Permit or an individual Virginia Pollutant Discharge Elimination (VPDES) Permit and have met the above criteria.

      AGRICULTURE - INTENSIVE FARMING. Agricultural uses, structures and buildings that meet the following criteria:

         (a)   Shall comply with § 154.2.110 Domestic Husbandry, Traditional Husbandry and Intensive Farming Uses, Facilities, Structures and Buildings; and

         (b)    Shall be directly associated with the production of farm animals or livestock which are regulated by the VA Code as an animal feeding operation, confined animal feeding operation, confined poultry operation or concentrated confined animal feeding operation; except those meeting the definition for agricultural - domestic husbandry or agricultural - traditional husbandry.

      AGRICULTURE - TRADITIONAL HUSBANDRY. Agricultural uses, structures and buildings that meet the following criteria:

         (a)   Shall comply with § 154.2.110 Domestic Husbandry, Traditional Husbandry and Intensive Farming Uses, Facilities, Structures and Buildings;

         (b)   Shall be directly associated with the production and sale of farm animals or livestock kept for the majority of their lives unconfined within the property boundaries;

         (c)   May be fully for home consumption or a part of a person's profession, livelihood or business; and

         (d)   Shall not include uses, structures and building defined as agricultural - domestic husbandry; but may include smaller confined animal feeding operation, confined poultry operation or concentrated confined animal feeding operation regulated by the VA Code which are not required to obtain an individual Virginia Pollution Abatement (VPA) Permit or an individual Virginia Pollutant Discharge Elimination (VPDES) Permit and have met the above criteria.

      AGRICULTURAL LANDS. Those lands used for the planting and harvesting of crops or plant growth of any kind in the open, pasture, horticulture, dairying, floriculture, silviculture, viticulture, or raising of poultry and/or livestock.

      AGRICULTURAL OPERATION. Any operation devoted to the bona fide production of crops, or animals, or fowl including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silviculture activity and aquaculture.

      AGRICULTURAL PRODUCTS. Any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops.

      AGRICULTURAL-RELATED PRODUCTS. Hand crafted agricultural theme items sold in conjunction with agricultural products and value added agricultural products at a farm market hand crafted by the owners or operators of the agricultural operation. Additional items may be displayed or sold as long as the display of these additional items does not exceed 10% of the floor area of the farm market.

      AGRICULTURAL PRODUCE. Fruits and vegetables.

      AGRITOURISM ACTIVITY. Any activity carried out and compliant with § 154.2.116(A) Standards for certain Agricultural Uses of the NCC on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, horseback riding, historical, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity. An agritourism activity shall not be deemed an agritourism activity solely by the reason of its taking place on a farm or ranch.

      AGRITOURISM PROFESSIONAL. Any person, including the land owner, who is engaged in the business of providing one or more agritourism activities, whether or not for compensation.

      AIRPORT. (Includes airfields, flight strips, heliports or glide ports). A place where aircraft may take off or land, discharge or receive cargoes and/or passengers. May be public or private and may or may not be licensed by the Virginia Department of Aviation. Does not include private airstrips.

      AIRSTRIP, PNU (Private Normal Use). Any pervious surface used for aircraft with a certified MGTOW under 3,500 pounds only between one hour before sunrise and one hour after sunset and with a frequency of not more than ten takeoffs and landings per day. The minimum takeoff distance plus clearway to fly over a 50-foot obstacle on a property used for this purpose must be at least 1,000 feet long and be located no closer than 300 feet to a property line. Compliance with FAR 91.117, Minimum Safe Altitudes, is essential. Agricultural aircraft engaged in crop spraying operations are limited to 16,000 pounds MGTOW. Agricultural aircraft engaged in oil-spill cleanup are exempted from the weight, frequency, and permit limits.

      AIRSTRIP, POU (Private Occasional Use). Any pervious surface used for aircraft with a certified MGTOW under 3,500 pounds only between one hour before sunrise and one hour after sunset with a frequency of not more than five takeoffs and landings per day. Compliance with FAR 91.117, Minimum Safe Altitudes, is essential.

      ALL-TERRAIN-VEHICLE (ATV) TRAILS. Marked, maintained, and supervised unpaved tracks or trails for mechanized ATVs and dirt bikes, with no ingress/egress to public or private roads, rights-of-way, or bicycle/hiking/walking trails; such ingress/ egress shall be blocked by the trail operator. To mitigate such factors as noise, traffic, and dust, use of such trail facilities are only permitted by special use permit, and conditions may be imposed including, but not limited to, the following: setbacks, periodic noise-level studies, hours of operation, number of simultaneous users, vegetative buffers, fencing and restricting ingress/egress to a single owner-controlled entrance.

      ALTERATION. Change, such as any change in the total floor area, use or design of an existing structure.

      ALTERNATIVE SEWAGE SYSTEM or ALTERNATIVE SYSTEM. A wastewater treatment system that is not a conventional septic system consisting of a septic tank and drainfield and does not result in a point source discharge of effluent. Such systems must be approved by the Virginia Department of Health.

      AMEND or AMENDMENT. Any repeal, modification or addition to a regulation; any new regulation; any change in number, shape, boundary or area of a district; or any repeal or abolition of any map, part thereof, or addition thereto.

      AMUSEMENT PARK. An outdoor commercial recreational area of a permanent nature offering amusements, diversions and entertainments, whether operated seasonally or continually.

      APARTMENT or APARTMENT HOUSE. An arrangement of three or more attached dwelling units within a structure, each intended for occupation by a separate family. This arrangement can be side by side, in a row, up and down, or any combination thereof. A single apartment may be within or attached to a structure serving another non-residential use as an accessory attached dwelling unit.

      AQUACULTURE. The propagation, rearing, enhancement, and/or harvest of aquatic organisms, including but not limited to fish and shellfish, in controlled or selected environments, conducted in marine, estuarine, brackish, or fresh water.

      AQUACULTURE FACILITY. Any land, structure, or other appurtenance that is used for aquaculture, including any laboratory, hatchery, pond, raceway, pen, cage, incubator, or other equipment used in aquaculture.

      AQUACULTURE PRODUCTS. Any fish or shellfish harvested from aquaculture facilities.

      ARCHITECT. A person who is licensed by the state and who is registered with the Virginia Department of Professional and Occupational Regulation (DPOR) as a "licensed architect."

      ART GALLERY. A showroom/sales facility for two-dimensional and three-dimensional original and limited production art/artisan work, including video and audio technology. Sales are not limited to owner's original work.

      ARTISAN. A skilled craftsman in the traditional media of clay, wood, metal, fiber, glass, stone, leather, or paper.

      ARTISAN STUDIO. An owner-operated workshop facility for creating products by hand, or with appropriate tools, in various media: wood, metal, paper, glass, leather, stone, ceramics, fiber, and mixed-media. May include sales/showroom for the artisan's own work and may also include facilities for private instruction. Such a facility may have some outdoor production but no outdoor storage.

      ARTIST. One who is skilled, or works in, any of the fine arts (i.e., drawing, painting, and sculpture).

      ARTIST STUDIO. An owner-operated workshop facility for creating two- and three-dimensional artwork, mixed-media artwork, and sculpture, by hand or with appropriate tools. May include sales/showroom area for the artist's own work, both original and reproduction, and may also include facilities for private instruction. Such a facility may have some outdoor production but no outdoor storage.

      ASPECT. The outward appearance of the combined visual features of the community; visual attributes which contribute to the character of the area or entity.

      ASSISTED LIVING FACILITY. A congregate residential setting that provides or coordinates personal and health care services, 24-hour supervision, and assistance (scheduled and/or unscheduled) for the maintenance and care of four or more adults who are aged, infirm, or disabled and who are cared for in a primarily residential setting in accordance with VA Code § 63.2-100.

      ATHLETIC FIELD. A maintained field which may include restroom facilities and locker room facilities intended for scheduled sports events and other field activities.

      ATTACHED. Connected or, in the case of dwelling units, units that share a common wall(s).

      BANNER. A temporary sign of flexible material designed to be installed with attachments at each of four corners.

      BARBER SHOP. A hair-cutting establishment which does not offer chemical treatments or processes.

      BASEMENT. The lowest story or level of a building having part but not less than one-half of its height below grade.

      BASE PARCEL(S). Those lawful parcels and their property lines existing in the public records of the county on October 21, 2009. However, if a parcel was legally in existence and zoned Agricultural on December 28, 2000, and if prior to October 21, 2009 that parcel was subdivided to allow the maximum number of bonus lots allowed under the zoning ordinance in effect at that time, the base parcel under the December 28, 2000, zoning ordinance shall be the base parcel for determining the development density of that parcel.

      BATTING CAGE. A screened facility for baseball/softball batting practice.

      BEACH. The shoreline zone composed of unconsolidated sandy material upon which there is mutual interaction of the forces of erosion, sediment transport and deposition that extends from the low water line landward to where there is a marked change in either material composition or physiographic form such as a dune, bluff, or marsh, or where no such change can be identified, to the line of woody vegetation (usually the effective limit of storm waves), or the nearest impermeable manmade structure, such as a bulkhead, revetment, or paved road. For the purposes of this chapter, BEACH is also included by reference in the definition of COASTAL PRIMARY SAND DUNE, consistent with VA Code § 28.2-1400.

      BEAUTY SHOP. A facility for hair washing, cutting, dressing and/or other processes which may include the use of chemical treatments and which often requires high water usage. May require licensing and Health Department approval.

      BED AND BREAKFAST. A dwelling unit, other than a motel, hotel, rooming or boarding house, or inn, occupied by the owner of the unit or a resident manager where up to nine separate sleeping rooms are provided, for compensation, to overnight transients and a morning meal is usually offered as part of the lodging charge.

      BEST MANAGEMENT PRACTICES or BMP'S. A practice, or a combination of practices, that is determined by a state or designated area-wide planning agency to be the most effective, practical means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.

      BIO-DIESEL PRODUCTION. The conversion of soybeans or other vegetable products into a non-petroleum-based fuel for diesel engines.

      BLADE THROW ZONE. Furthest distance from the tower base in which blades or other debris could be thrown from the wind turbine in the event of catastrophic failure.

      BLOCK. That property abutting one side of the street, and lying between the nearest intersection or intercepting streets or the nearest intersecting or intercepting street and railroad right-of-way, unsubdivided acreage, river or live stream, or between any of the foregoing in any barrier to the continuity of development.

      BOARD OF SUPERVISORS. The Board of Supervisors of Northampton County, Virginia.

      BOARD OF ZONING APPEALS. The Board of Zoning Appeals of Northampton County and any Board of Zoning Appeals of an incorporated town under the jurisdiction of this chapter.

      BOAT BUILDING AND REPAIR, STRUCTURAL. The construction or repair of hulls, rigging, and interiors of boats.

      BOAT HOUSE. A single-story structure limited to the storage of watercraft and/or watercraft equipment and constructed over the water.

      BOAT LANDING. A structure designed to launch and recover watercraft and including supporting facilities such as parking and storage.

      BOAT REPAIR, MECHANICAL. The repair of engines, motorized equipment, and electronic apparatus on boats.

      BOAT SALES AND RENTALS. A land-based boat yard or marina-based boat basin where boats are available for sale or rent.

      BORROW PIT. Any operation involving the breaking or disturbing of the surface soil or rock where the primary purpose of the operation is to facilitate or accomplish the extraction or removal of sand, soil, gravel, fill, or other similar material. Asphalt is allowed to be stored on site if properly separated so no intrusion from leakage can enter the water and if the site is permitted by Virginia Department of Mines, Minerals and Energy (DMME) and asphalt is included in the permit. No additional off site material shall be brought to the site for any reason. Specifically exempt from this definition are the following:

         (a)   Any excavation for roads, drainage, stormwater management facilities, or similar features necessarily incidental to, and in accordance with, the approved construction plans for a residential subdivision or other similar development activity;

         (b)   Any excavation for the sole purpose of conducting a bona-fide agricultural operation, including, but not limited to, excavations to improve drainage, provide watering facilities for livestock, or create a holding lagoon for animal waste, or farm ponds or fish ponds; provided that none of the excavated material may be hauled off site or sold;

         (c)   Any excavation or excavations on any single lot or parcel of land which total less than one-quarter acre in area and less than 12 feet in excavated depth as measured from the original ground level to the lowest point of the excavation;

         (d)   Any trench, ditch or hole for utility lines, drainage pipes or other similar public works facilities or projects where the excavation is in accordance with the approved construction plans;

         (e)   Any inert materials as defined in 4 VAC 25-31-10 that are included in the Virginia Department of Mines, Minerals and Energy (DMME) permit for the site.

      BUFFER AREA. An area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation due to land disturbances.

      BUFFER (SCREENING). A device or vegetated growth, or a combination thereof, designed or used as a barrier to vision or noise between adjoining properties or land uses. A vegetated buffer may be opaque, intended to create a strong impression of spatial separation and to preclude visual contact; or semi-opaque, intended to maintain a sense of spatial separation and to partially block visual contact.

      BUILDABLE AREA. The area of a lot or parcel remaining after required yards, open spaces, parking, loading and access areas have been provided. When related to open space ratio, BUILDABLE AREA shall be the calculated upland portion of a base parcel, excluding any wetlands or ponds.

      BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy for persons, animals, or property of any kind.

      BUILDING, ACCESSORY. See ACCESSORY USE OR STRUCTURE.

      BUILDING COVERAGE or LOT COVERAGE. All areas under roof or projection from buildings on a lot or parcel.

      BUILDING, HEIGHT OF. The vertical distance from the average finished grade at the building line to the top of the highest roof beam of a flat roof or to the peak of pitched or hip roofs or a mansard roof.

      BUILDING, MAIN. The building, or one of the principal buildings, housing the principal use on the lot or parcel.

      BUILDING OFFICIAL. An appointed official of the county responsible for enforcement of the Virginia Uniform Statewide Building Code (VUSBC) as described in VA Code § 36-105.

      BUILDING-INTEGRATED SOLAR ENERGY SYSTEM. A solar energy system that is an integral part of a principal or accessory building, rather than a separate mechanical device, replacing or substituting for an architectural or structural component of the building including, but not limited to, photovoltaic or hot water solar systems contained within roofing or building materials, windows, skylights, and awnings.

      BULK AGRICULTURAL PRODUCTS. Harvested but unprocessed vegetables, fruits, or grains.

      CAMP, DAY. A parcel of land devoted to outdoor/indoor recreation or cultural activities, not including overnight accommodations for users.

      CAMP, OVERNIGHT. A parcel of land used or designed to be used for overnight accommodations of individuals or groups and for use by such individuals or groups for sports, handcrafts and other outdoor-oriented activities and recreation.

      CAMPER. A trailer-type vehicle, not self-contained and not motorized; intended for temporary, recreational shelter.

      CAMPGROUND. An outdoor facility which accommodates paying guests for a stay of short duration in rustic cabins and shelters, tents, RVs, campers, or travel trailers owned by guests or facility. Parking, playgrounds, office, recreational ponds and retail uses such as snack bars or general stores for use by campground patrons shall be allowed as accessory uses.

      CAMPGROUND, RUSTIC. An outdoor facility, located on a parcel in conjunction with a single-family residence, which accommodates paying guests for a stay of short duration in tents, RVs, pods or travel trailers, which are owned by the facility (facilities shall be limited to a maximum of six camping units), with no amenities provided other than trash, bathing/shower, and lavatory facilities; the on-site single-family residence shall be owned by the property and facility owner and occupied by only the owner or operator of the facility, and family thereof.

      CARNIVAL. A traveling or transportable group or aggregation of rides, shows, games or concessions or any combination thereof.

      CARRY-OUT OR DRIVE-IN RESTAURANT. Any place or premises used for sale, dispensing, or serving of food, refreshments or beverages to customers in motor vehicles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages in motor vehicles on the premises. CARRY-OUT OR DRIVE-IN RESTAURANT also includes refreshment stands, but not fast food establishments.

      CATERING, OFF-PREMISES SERVICE. The preparation of food, meals, or specialty products for off-premise consumption. May require Health Department approval.

      CELLAR. That portion of a building below the first floor joists at least half of whose clear ceiling height is below the mean level of the adjacent ground.

      CENTRAL WATER AND SEWER. Water, sewer, and wastewater treatment, including its infrastructure, provided by a developer, builder, or other private supplier, for a specific project or development, and serving three or more residential lots or a minimum of one non-residential lot. An approved plan for installation, upkeep, and maintenance must be recorded with the Clerk of the Court of Northampton County, and the system(s) must comply with all applicable State and Health Department regulations.

      CERTIFICATE OF OCCUPANCY. The certificate issued under the provisions of the Virginia Uniform Statewide Building Code (VUSBC) pertaining to the legal use and occupancy of buildings. New certificates of occupancy shall not be issued unless the structure complies with both the current edition of the VUSBC and this chapter. Temporary certificates of occupancy may be issued at the discretion of the Building Official and the Zoning Administrator in accordance with applicable state and local regulations.

      CHESAPEAKE/ATLANTIC PRESERVATION AREA or CAP. Any land designated by the Board of Supervisors pursuant to § 62.1-44.15:72. A CHESAPEAKE/ATLANTIC PRESERVATION AREA shall consist of a RESOURCE PROTECTION AREA and RESOURCE MANAGEMENT AREA as defined herein.

      CIRCUS. A traveling or transportable show or exhibition consisting of performances by persons and animals under one tent or similar structure, with or without side shows.

      CLUB. An association of persons for the promotion of some common object, such as literature, science, politics, good fellowship and the like created for the benefit of its members or the general public and not for profit. The term CLUB shall include LODGE.

      CLUSTER DEVELOPMENT; CLUSTER SUBDIVISION. An arrangement of residential structures or adjoining residential lots in groupings that would not be generally permitted under applicable ordinance requirements but are allowed under the concept of reducing lot size requirements to allow for the provision of additional open space within the development.

      COASTAL PRIMARY SAND DUNE. Hereinafter referred to as PRIMARY DUNE, shall mean a mound of unconsolidated sandy soil which is contiguous to mean high water, whose landward and lateral limits are marked by a change in grade from 10% or greater to less than 10%, and upon any part of which is growing any of the following species: American beach grass (Ammophila breviligulata); beach heather (Hudsonia tomentosa); dune bean (Strophostyles spp.); dusty miller (Artemisia stelleriana); saltmeadow hay (Spartina patens); seabeach sandwort (Honckenya peploides); sea oats (Uniola paniculata); sea rocket (Cakile edentula); seaside goldenrod ( Solidago sempervirens); Japanese sedge or Asiatic sand sedge (Carex kobomugi); Virginia pine (Pinus virginiana); broom sedge (Andropogon virginicus); and short dune grass (Panicum amarum). For purposes of this chapter, COASTAL PRIMARY SAND DUNE or DUNE shall not include any mound of sand, sandy soil, or dredge spoil deposited by any person for the purpose of temporary storage, beach replenishment or beach nourishment, nor shall the slopes of any such mound be used to determine the landward or lateral limits of a coastal primary sand dune. Also includes BEACH as defined above.

      COASTAL SECONDARY SAND DUNE. A mound of unconsolidated sandy soil which is contiguous to a coastal primary dune or shoreline, whose landward and lateral limits are marked by a change in grade from 2% to 50% and is classified as AsE 17-Assateague sand under the Northampton County Soil Survey.

      COMMERCIAL. Any wholesale, retail or service business activity established to carry on trade for profit; a use that is principally offered by its owner for a fee.

      COMMERCIAL CENTER. A group of retail or other business establishments, planned, developed, and owned and managed as a unit, with off-street parking provided on the property and related in size and type of shops to the trade area the unit serves. A neighborhood commercial center is designed to serve principally adjacent or nearby residential neighborhoods. A regional commercial center is designed to serve a larger geographic area than its immediate neighborhood.

      COMMERCIAL HOG FARM. A farm where hogs are kept and raised primarily for sale; the principal product or use of such a farm is hogs.

      COMMERCIAL POULTRY FARM. A farm where poultry are kept and raised primarily for sale; the principal product or use of such a farm is poultry.

      COMMON OPEN SPACE. Any space, tract or parcel of land owned in undivided interest, not devoted to residential uses or structures, but directly related and adjacent to a cluster development or planned development, as herein provided.

      COMMUNITY CENTER. A building or set of buildings designed or used to serve as a social center of a town, village, hamlet, subdivision or neighborhood.

      COMPATIBLE. Congruous with or having the same general characteristics as the existing entity and/or consistent with the organization of elements which make up the existing entity.

      COMPREHENSIVE PLAN. The adopted Comprehensive Plan for Northampton County, Virginia, including specifically the Land Use Plan, an element of the Comprehensive Plan, together with all other amendments and elements.

      CONDOMINIUM. Ownership of single units in a multiple unit structure or complex having common elements.

      CONFERENCE CENTER. A facility for work sessions, business meetings, and educational seminars, which may also offer on-site food service and overnight accommodations for clientele of the facility.

      CONSTRUCTION FOOTPRINT. The area of all impervious surface, including, but not limited to, buildings, roads and drives, parking areas, and sidewalks and the area necessary for construction of such improvements, such as land disturbance (grading, clearing, filling, and excavating), stormwater facilities, best management practices (BMPs), and utilities including drainfields, etc. The construction footprint may also include open space outside the buffer area up to 50 feet in width around the primary structure.

      CONTRACTOR, BUILDER/ CONSTRUCTION. An enterprise specializing in residential, commercial, or industrial construction, paving and utility installation, which may include heavy equipment and outdoor bulk storage.

      CONTRACTOR, HOME IMPROVEMENT/ INSTALLATION. An enterprise specializing in home repairs, remodeling, roofing, painting, siding, doors, windows, HVAC, plumbing, electric and similar residential building improvements, which does not include heavy equipment storage or extensive, unscreened outdoor storage.

      CONVENIENCE STORE, QUICK SERVICE. Any building, except a service station, which contains less than 5,000 square feet of net floor area and which is used for the retail sale of food, beverages, and other items.

      CONVENTIONAL ON-SITE SEWAGE SYSTEM. A wastewater treatment system consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity-distributed subsurface drainfield.

      CORN MAZE. A temporary series of trails cut through a corn or hybrid Sudangrass field for entertainment; its use may be offered for a fee.

      COUNTY RESIDENT ENGINEER. The Resident Highway Engineer of Northampton County, Virginia, of the Virginia Department of Transportation, or his/her designated assistant or deputy.

      CRITICAL ROOT AREA. A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained or protected for the tree's survival. CRITICAL ROOT AREA is one foot of radial distance for every inch of tree DBH with a minimum of eight feet.

      DANCE HALL. A facility providing live or recorded music and a dance floor for the use and entertainment of patrons.

      DAY CARE CENTERS. Facilities providing day care or nursery services for children.

      DAY SPA. A private facility providing health, stress-reducing, and relaxation services such as facials, therapeutic massage, mineral baths, and beauty treatments. There shall be a maximum of ten clients at any given time, and no overnight accommodations shall be provided.

      DESIGN. The layout, arrangement, and composition of the main features of the community or other entity.

      DESIGN/PRODUCTION FACILITY. A facility for the design and production of specialty products, i.e., boat interiors, stage sets, specialty cabinetry intended for installation, acoustic musical instruments, hunting and fishing equipment.

      DESIGN STUDIO. A professionally- equipped studio for conceptual or abstract design. May include the production of prototypes for endeavors such as architecture, computer/internet design, engineering, urban planning, product design, advertising.

      DETACHED. Not attached to another structure or in the case of dwelling units, a dwelling surrounded by yards on all sides on the same lot.

      DEVELOPER. A person having legal title to any tract of land or parcel of land or authority to act for such person regarding the development or proposed development of property.

      DEVELOPMENT. Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations, or storage of equipment or materials.

      DIAMETER BREAST HEIGHT or DBH. The diameter of a tree measured outside the bark at a point four and one-half feet above ground.

      DIRECTOR OF PLANNING AND ZONING. An appointed county official who serves as the Director of Planning and Zoning for Northampton County, Virginia, or his/her designated deputy or assistant.

      DISTRICT. A zoning district or category referred to in VA Code §§ 15.2-2280 and 15.2-2281.

      DOCK. A facility, including piers, pilings and boat slips, but excluding boathouses, for the mooring, berthing or securing of watercraft.

      DRIPLINE. A vertical projection to the ground surface from the furthest lateral extent of a tree's leaf canopy.

      DRIVEWAY or ACCESSWAY. That space specifically designated and reserved on the site for movement of vehicles from one site to another or from a site to a public street or access easement.

      DROP-SHIP CENTER. A facility for storing, packing, and shipping of mail-, phone-, and internet-ordered merchandise.

      DUNE. See COASTAL PRIMARY SAND DUNE.

      DUPLEX. An arrangement of two attached dwelling units within the same structure, each occupied by a separate family and having the following specific characteristics: each unit has its own access to the outside, units have the same exterior architectural facade and treatment of materials, and units are not setback from each other and share the same roofline.

      DUSTLESS SURFACE. A surface adequately covered in practice with a minimum of either two applications of bituminous surface treatment, concrete, bituminous concrete, or equivalent paving material approved by the Director of Planning and Zoning and to be maintained in good condition at all times.

      DWELLING. A structure or part of a structure containing one or more dwelling units. Dwellings may be further identified as one-family (or single-family), duplex, multiple-family semi-detached, or attached. Dwelling units contain independent living facilities, and generally contain permanent provisions for living, sleeping, eating, cooking, and sanitation.

      DWELLING, ATTACHED. One of two or more residential buildings having a common or party wall separating dwelling units.

      DWELLING, CONDOMINIUM. A building or group of buildings in which dwelling units are individually owned, and the structure, common areas and facilities are owned by an association established under Virginia Law.

      DWELLING, MANUFACTURED HOME. A structure transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site is 320 or more square feet and is built on a permanent chassis and is designed to be used as a dwelling with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include a RECREATIONAL VEHICLE.

      DWELLING, MODULAR UNIT. A factory- fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees and other prefabricated sub-elements incorporated into a structure at the site.

      DWELLING, MULTI-FAMILY. A structure containing three to five attached dwelling units, each intended for occupancy by a separate family.

      DWELLING, SEMI-DETACHED. One of two buildings, arranged or designed as dwellings located on abutting walls without openings, and with each building having a separate lot with minimum dimensions required by district regulations.

      DWELLING, SINGLE-FAMILY. A residential dwelling unit other than a single unit manufactured home designed for and occupied by one family only.

      DWELLING, SINGLE-WIDE, DOUBLE-WIDE OR TRIPLE-WIDE PORTABLE. A portable dwelling consisting respectively of one, two or three sections combined horizontally at the site to form a single dwelling, while still retaining their individual chassis for possible future movement.

      DWELLING, TEMPORARY. A manufactured home but not necessarily attached to a permanent foundation, intended for temporary use and occupancy.

      DWELLING UNIT. A single complete independent living facility for one or more families or persons physically separated from any other dwelling unit which may be in the same structure. An independent living facility includes permanent provision for living, sleeping, eating, cooking, and sanitation and must comply with Uniform Statewide Building Code requirements and Health Department regulations. The presence of a bathroom containing a sink and toilet shall constitute permanent provisions for sanitation. DWELLING UNITS are a unit of measurement used as one of the components to calculate density.

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

      ENCLOSED. Enclosed within a building.

      ENGINEER. A person who is licensed by the state and who is registered with the Virginia Department of Professional and Occupational Regulation (DPOR) as a "licensed professional engineer."

      ENVIRONMENTALLY SENSITIVE AREAS. Land areas and/or water features vulnerable to degradation and/or destruction caused by flooding, erosion and sedimentation and/or subject to surface or groundwater contamination.

      ERECTED. Constructed, reconstructed, moved or structurally altered.

      ETHANOL PRODUCTION. The conversion of corn or other cellulosic matter into ethanol as the product is described in the Alternative Motor Fuels Act of 1988.

      EVENT VENUE. The commercial use of land, structures and buildings established at a permanent location where people assemble to take part in entertainment, educational, cultural, organizational, ceremonial and / or celebratory events, open to the public or private parties for use, and usually operated in exchange for remuneration. This use is separate from the use "agritourism" which has separate standards establish by the VA Code.

      EXISTING. Existing at the date of adoption of the ordinance set forth in this chapter.

      FABRICATION. The process of constructing or assembling a product from previously prepared parts, elements or materials which have been manufactured off-site of the fabrication activity.

      FAIRGROUND. A parcel or tract of land used either temporarily or permanently (as permitted herein), as the site of any fair, exposition or public display.

      FALL ZONE. Furthest distance from the tower base in which a wind turbine will collapse in the event of a structural failure.

      FAMILY. An individual, group of persons related by blood, marriage, adoption, or legal guardianship, or a group of no more than three unrelated persons living together as an independent housekeeping unit.

      FAMILY DAY HOME. A child day program as defined in VA Code § 63.2-100 where the care is provided in the provider's home and is state regulated; locally approved or regulated homes are not included in this definition.

      FARM OR RANCH. One or more areas of land used for the production, cultivation, growing, harvesting or processing of agricultural products.

      FARM BUILDING OR STRUCTURE. The same as the term defined in VA Code § 36-97 and also includes any building or structure used for agritourism activity, as defined in VA Code § 3.2-6400, and related impervious surfaces including roads, driveways, and parking areas. A FARM BUILDING OR STRUCTURE is a building or structure not used for residential purposes, located on property where farming operations take place, and used primarily for any of the following uses or combination thereof:

         (a)   Storage, handling, production, display, sampling, or sale of agricultural, horticultural, floricultural, or silvicultural products produced in the farm;

         (b)   Sheltering, raising, handling, processing, or sale of agricultural animals or agricultural animal products;

         (c)   Business or office uses relating to the farm operations;

         (d)   Use of farm machinery or equipment or maintenance or storage of vehicles, machinery, or equipment on the farm;

         (e)   Storage or use of supplies and materials used on the farm; or

         (f)   Implementation of best management practices associated with farm operations.

      FARM COTTAGES. As a commercial enterprise on a working farm, a group of up to 12 small separated structures, each with sleeping accommodations, and which may have cooking facilities, intended for short-term vacation rentals and subject to transient occupancy tax, not intended as permanent housing.

      FARM MARKET. A seasonal or year round business selling agricultural products, value added agricultural products and agricultural-related products from a permanent structure or building.

      FARM STAND. A seasonal business selling agricultural products and value added agricultural products. A farm stand shall not be a permanent structure or building, shall not be permanently affixed to the ground, shall comply with all applicable building codes and includes structures such as canopy tents and stands. Farm stands shall also include vehicles and mobile carts properly registered and licensed by the Virginia Department of Transportation.

      FAST FOOD SERVICE OPERATION. A food service operation where food and/or beverages are prepared and dispensed either at a customer counter or through a drive-up window. Table seating may be provided, but table service is incidental to self-service.

      FASTLANDS. As used in the definition of shoreline, FASTLANDS means uplands.

      FENCE. A fixed structure designed to prevent escape or intrusion or to define property.

      FIRE LANE. A means of access of sufficient design to permit ingress and egress by firefighting equipment.

      FIRING RANGE, OUTDOOR. A maintained, supervised facility for firearm use. Includes the shooting of skeet and sporting clays and target practice.

      FLAG. A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as a symbol or decoration; this includes pennants.

      FLEA MARKET. A retail establishment or area of land on which are sold secondhand or antique goods.

      FLEXIBLE TERM RENTAL UNIT. An efficiency or suite apartment, available for rental for terms less than a full year and which includes cooking facilities and is considered a dwelling unit.

      FLOOR AREA. The total gross floor area of all floor or portions of floors in a structure and measured from outside to outside of exterior walls.

      FOOD PROCESSING. Any active change or transformation of farm crops, raw materials, or previously processed foodstuffs, using any physical or chemical means, which yields a new product or the same product in a different form.

      FOREST PRODUCT HARVESTING. The gathering of products yielded by naturally growing trees, shrubs and other forest plants, e.g., pine straw, decorative flora, and nuts. May include packaging for sale and distribution, but does not include logging or land clearing.

      FORM. The combination of visual qualities and elements, natural or man-made, which comprise a community or project.

      FRONTAGE. Lot width at the building set back line along a public road, private road or access easement. (See LOT WIDTH).

      FUNERAL PARLOR. A building used for the preparation of a deceased person for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

      GAME CENTER, COIN-OPERATED. An enclosed facility of no more than 1,500 square feet gross floor area containing coin-operated manual, electric, or electronic game machines.

      GARAGE, PRIVATE RESIDENTIAL. A structure which is accessory to a residential building and which is used for the parking and storage of vehicles owned and operated by the residents thereof, and which is not a separate commercial enterprise available to the general public.

      GARAGE, PUBLIC. A building, or portion thereof, other than a private residential garage used primarily for the parking and storage of vehicles and which is available to the general public.

      GARAGE, REPAIR. A building, together with the land upon which it is located and upon or within which a business, service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted.

      GAZEBO. A residential accessory building consisting of a detached, covered, free-standing, open-air structure not exceeding 300 square feet and having a maximum height of 15 feet, designed for recreational use only and not for habitation.

      GO-KART TRACK. A maintained, fenced, non-impervious track for unlicensed mechanized vehicles. To mitigate such nuisance factors as noise, traffic, and dust, conditions may be imposed including but not limited to the following: setbacks; periodic noise-level studies; hours of operation; number of simultaneous users; vegetative buffers; fencing; and restrictions on ingress and egress to a single owner-manned entrance.

      GRAIN DRYER. A facility for drying grain. A COMMERCIAL GRAIN DRYER is one in which the grain dried is primarily grown by sources other than the owner and/or operator of the facility. A NONCOMMERCIAL GRAIN DRYER is one in which the grain dried is primarily grown by the owner and/or operator of the facility.

      GROSS ACREAGE. Total area expressed in acreage of a development or proposed development, including streets, recreational areas and other areas which function as part of the development, and easements, but excluding land classified as wetlands or conservation areas.

      GROUNDCOVER. The lowest vegetation stratum; generally all vegetation less than three feet in height and comprised primarily of herbaceous plants.

      GROUP HOME. A respite care service facility, retirement home or supervised living residential facility that houses more than eight individuals or otherwise is not a "residential facility" as defined herein.

      GUEST HOUSE. An accessory structure, clearly subordinate to the principal residence, intended to provide temporary accommodations for visitors and not intended for year-round occupancy. May be modular or stick-built with square footage not to exceed a maximum of 50% of the gross floor area of the primary dwelling on the parcel. Must meet all setback and water and wastewater/septic requirements.

      GUEST RANCH/LODGE. A commercial enterprise for guest accommodations with up to 12 rooms. May have one central building, or smaller separate units, for sleeping accommodations. Meals, entertainment and activities may be included as part of the accommodations, which are subject to transient occupancy taxation.

      GUIDE, OUTFITTER SERVICES. An operation established to provide information, direction, licensing and safety requirements to clients for recreational activities including, but not limited to, hunting, fishing, kayaking, hiking, bicycle and horseback riding, and bird watching. Includes conducting excursions, use, or rental of appropriate equipment, and incidental sales of associated gear and supplies.

      HEALTH CARE FACILITY. A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis, or treatment of human disease, pain, injury, deformity, or physical condition.

      HEALTH CLUB/FITNESS CENTER. A facility which offers amenities for weight lifting, exercise and sports such as squash, racquetball, and basketball, exercise equipment and/or a swimming pool (with or without instruction), a steam room, and/or sauna. Such facility shall include restroom facilities and may provide locker room facilities and/or additional services such as dietary counseling and personal training.

      HEALTH OFFICIAL. The Director of Health for Northampton County or his/her designated agent or deputy.

      HELIPAD. Part of a heliport; a fabricated or grass surface for helicopter take-off and landing that does not include fuel or chemical storage. The surface must be maintained so that there is no flying debris.

      HELIPORT. A facility for helicopter take-off and landing which may include appurtenant facilities and services such as fuel, parking, maintenance, and storage.

      HISTORIC AREA. An area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the community and such significance as to warrant conservation and preservation.

      HISTORIC INN. A pre-1950 structure of historic or architectural significance as determined by the County's Historic Review Board or the Board of Supervisors in which overnight lodging and/or food service is offered to guests. All such inns must meet applicable Health Department, Building Code or other county and state regulations.

      HOME OCCUPATION. A low-impact commercial use conducted in an owner- or renter-occupied dwelling or accessory structure(s) accessory to an owner- or renter-occupied dwelling in accordance with this chapter.

      HOMEOWNERS ASSOCIATION. A non-profit organization operating under recorded land agreements pursuant to the laws of the Commonwealth of Virginia and through which:

         (a)   Each lot and/or homeowner is automatically a member;

         (b)   Each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities, such as maintaining a common property or private road; and

         (c)   The charge if unpaid becomes a lien against the property.

      HOSPITAL. A licensed and state-accredited health care institution in which sick or injured persons are given inpatient or outpatient medical or surgical treatment.

      HOTEL. Any building containing five or more guest rooms where, for compensation, lodging, and/or meals or baths are provided for guests.

      HOUSING FOR AGRICULTURAL WORKERS IN ASSOCIATION WITH AN AGRICULTURAL OPERATION. A shelter, building or portion of a building, or an area or piece of land where sleeping places or housing sites that may include cooking or eating facilities are provided by an agricultural employer for his/her agricultural employees or by another person, including a temporary housing operator, who is providing accommodations for agricultural employees and their families, for temporary, seasonal occupancy. The following definitions apply in the construction of this provision:

         (a)   AGRICULTURAL EMPLOYEE. Any person who renders services to, or under the direction of, an agricultural employer in connection with the employer's agricultural activity.

         (b)   AGRICULTURAL EMPLOYER. Any person engaged in agricultural activity, including the growing, producing, or harvesting of farm, nursery, or aquaculture products.

         (c)   OPERATOR. A person holding legal title to the land on which worker housing is located. However, if legal title and the right to possession are in different persons, OPERATOR means a person having the lawful control or supervision over the temporary worker housing under a lease or other arrangement.

      HOUSING FOR STUDENTS, FACULTY, AND STAFF IN ASSOCIATION WITH A LEARNING INSTITUTE. Dormitory-style accommodations with no individual housekeeping units.

      IMPERVIOUS COVER. A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to: roofs, buildings, streets, parking areas, and any concrete, asphalt, or compacted gravel surface.

      INDUSTRIAL TRADE SCHOOL. School offering instruction and training in mechanical or industrial techniques.

      INOPERABLE VEHICLE. A motor vehicle, trailer, or attachment thereto, which is required by the Commonwealth and county to display current plates and/or meet safety standards as evidenced by display of an appropriate inspection sticker, which vehicle, trailer, or attachment thereto does not display the license plates and/or approved inspection sticker.

      JUNK YARD. Any land or building used for the abandonment, storage, keeping, collecting or bailing of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage or salvaging of automobiles or other vehicles not in running condition, machinery or parts thereof. The term JUNK YARD shall include automobile graveyard as defined by Virginia law.

      kW. Kilowatt.

      KENNEL, COMMERCIAL. A place prepared to house, board, breed, handle or otherwise keep or care for dogs and other domestic pets for sale or in return for compensation.

      LANDSCAPE CONTRACTOR/SITE WORK. A facility for storage of equipment and supplies for earth-moving, site preparation, ditch maintenance, dock and bulkhead work, and major site clearance. Such equipment and supplies may include, but are not limited to, large motorized equipment, trucks, trailers, bulk storage of mulch, earth, and gravel.

      LANDSCAPE DESIGN AND MAINTENANCE. A facility providing office space and storage of equipment and supplies associated with yard maintenance, such as lawn mowers and bagged bulk materials.

      LIGHT INDUSTRIAL. Any activity which includes production, processing, manufacturing, building, rebuilding, fabrication, storage, machining, repair, construction or other processes involving machinery, equipment, vehicles, shipping, receiving, and which creates noise, traffic, fumes, waste-stream or other run-off, off-site electrical interference and/or area lighting.

      LIVE/WORK UNIT. A structure which must include a residential dwelling unit but which may also include a commercial or business use operated by the owner/tenant. All uses must be allowed in the district in which the unit is located.

      LOADING SPACE. Any off-street space available for the loading or unloading of goods, not less than 15 feet wide, 25 feet long and 14 feet high, and having direct usable access to a street or alley, except where one such loading space has been provided, any additional loading space lying alongside, contiguous to and not separated from such first loading space need not be wider than 12 feet.

      LOT. A parcel of land occupied or intended to be occupied by a use permitted in this chapter, which may include a main building and its accessory buildings or by a group of dwellings and their accessory buildings, together with such open spaces as are required under the provisions of this chapter, having at least the minimum area required by this chapter for a lot in the zone in which such lot is situated and 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 lines or proposed street lines of the lot, excluding any streets or highways, whether dedicated or not dedicated to public use, but including off-street automobile parking areas and other accessory uses. Lot areas shall not include portions under water except where the total area of a body of water is within a lot.

      LOT, CORNER. A lot abutting two or more roads, rights-of-way, or access easements at their intersection on the two sides of a corner lot; the front of the lot shall be the shorter of the two sides fronting on such roads, rights-of-way or access easements.

      LOT, COVERAGE. A measure of intensity of land use that represents the portion of a site that is impervious. This portion includes but is not limited to all areas covered by buildings, structures, driveways, roads, sidewalks, or other impervious surface. Lot coverage = total lot area – open space.

      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. A lot with frontage on two streets, not at their intersection.

      LOT, INTERIOR. Any lot other than a corner lot.

      LOT, PIPESTEM. A lot which contains at least the minimum area required for a residential lot in the zone in which it is located but which lacks the minimum street frontage because of its unusual shape, and therefore requires, for access, a long narrow strip of land for a driveway or access road to connect the main portion of the lot with a public road.

      LOT, WIDTH. The average horizontal distance between side lot lines.

      LOT OF RECORD. A lot which has been recorded in the Clerk's office of the Circuit Court of Northampton County.

      MW. Megawatt.

      MANUFACTURE and/or MANUFACTURING. The processing and/or converting of raw, unfinished materials or products, or either of them, into articles or substances of different character or for use for a different purpose.

      MANUFACTURED DWELLING. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width and 40 body feet or more in length, or when erected on site, is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, in effect at the time of manufacture is required.

      MANUFACTURED HOME, MANUFACTURED HOME PARK. (Same as MOBILE HOME, MOBILE HOME PARK and the like.) Pursuant to VA Code §§ 36-85.3 through 36-85.11, references in this chapter to mobile home, mobile home park, or similar references shall be referred to as manufactured homes and the like.

      MARINE NAVIGATION AIDS. Lighted or unlighted, non-mechanical location-finding devices for use by boaters.

      MARINE RAILWAY. A stationary, mechanized system for conveying boats in and out of water for the purpose of repair and/or maintenance.

      MEAN SEA LEVEL. The average between the mean low tide and mean high tide.

      MEDICAL CLINIC. Establishment wherein medical care is provided on an outpatient basis, as distinguished from a hospital or a professional office.

      MET TOWER or METEOROLOGICAL TOWER. A temporary tower used to measure wind speed and direction.

      METMAST. A guy-wired meteorological mast to measure at hub height and lower heights the wind speeds and other climatic variables such as temperature, air pressure, humidity, salt and dust concentrations, etc.

      MICRO-BREWERY. A limited-production facility for beer-brewing which may have on-site sales and a tap room.

      MIXED USE. Having more than one type of use adjacent to, or in close proximity to, each other, e.g. residential and commercial, commercial and industrial.

      MIXED-USE STRUCTURE, OTHER. A structure containing two or more separate, self-contained units, which may accommodate different uses concurrently. Different uses may occupy different levels in the structure, or may exist side by side, and all uses must be allowed in the district.

      MIXED-USE STRUCTURE, RESIDENTIAL. A structure containing two or more separate, self-contained units, which may accommodate different uses concurrently, at least one of which must be designated as a residential dwelling unit. Different uses may occupy different levels in the structure, or may exist side by side, e.g., residential/ commercial general, residential/neighborhood business, but all uses must be allowed in the district in which the structure is located.

      MOBILE HOME. A single-family dwelling unit which is manufactured as a single integrated unit and designed for transportation, after fabrication, on streets and highways on its own wheels or on flatbed or other trailers. Such unit is delivered to the site complete and ready for occupancy as a single-family dwelling except for minor or incidental unpacking and assembly operation, location on jacks or permanent foundations, connection to utilities and the like.

      MOBILE HOME PARK. Any area of five to ten acres designed to accommodate mobile homes intended for residential use where residence is in mobile homes exclusively and lots are rented rather than sold.

      MODULAR HOME. See MODULAR UNIT.

      MODULAR UNIT. A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. This term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees and other prefabricated sub-elements incorporated into a structure at the site.

      MOTEL or MOTOR LODGE. See HOTEL.

      MOTOR HOME. See RECREATIONAL VEHICLE.

      MOTOR VEHICLE. Any equipment required to be licensed by the Department of Motor Vehicles as a motor vehicle, but not including junked cars or cars disabled to the point of not being operable.

      MURAL. A mural work of art (such as a painting).

      MUSEUM. A facility designed to display and provide an interpretive context to art, artifacts, lifestyles, industry, history, events, processes, and/or collections.

      NEWS STAND (OUTDOOR). A facility for the sale of print material.

      NONCONFORMING ACTIVITY, LAWFUL. The otherwise legal use of a building or structure or of a tract of land that does not conform to the use regulations of this 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 LOT, LAWFUL. An otherwise legally platted and recorded lot that does not conform to the minimum 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 of this chapter.

      NONCONFORMING STRUCTURE, LAWFUL. An otherwise legal building or structure that does not conform to the minimum requirements or permitted uses 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.

      NON-MOTORIZED WATERCRAFT. Self-propelled, water-oriented recreational vehicles, such as kayaks, canoes, pedal boats, wind surfing boards and sails, and sailboats.

      NONPOINT SOURCE POLLUTION. Pollution consisting of constituents such as sediment, nutrients, and organic and toxic substances from diffuse sources, such as runoff from agriculture and urban land development and use.

      NONPROFIT ORGANIZATION. An incorporated organization or group whose charter prohibits profit-making endeavors and which enjoys tax exemption privileges.

      NOTICE. When used in this chapter, the word NOTICE shall mean the same as that required for advertising plans, ordinances and other pending public actions in VA Code § 15.2-2204.

      NONTIDAL WETLANDS. Those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to § 404 of the Federal Clean Water Act (being 33 U.S.C. § 1344), in 33 C.F.R. § 328.3b, dated November 13, 1986.

      NOXIOUS WEEDS. Weeds that are difficult to control effectively, such as Johnson grass, Kudzu, and multiflora rose.

      NURSERY/DAY CARE CENTERS. Licensed facilities providing day care or nursery services for six or more children.

      NURSING HOME. An intermediate or long-term health care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.

      OFF-ROAD VEHICLE. Four-wheel-drive vehicles, such as sport utility vehicles and pick-up trucks, designed and equipped for on- or off-road use. May be licensed for on-road use.

      OFF-SITE. A location that is not on the same lot or parcel; not on-site.

      OFF-STREET PARKING AREA OR PARKING BAYS. Space provided for vehicular parking outside the dedicated street right-of-way.

      ON-SITE. A location on all or on a portion of a parcel of land which is the subject of an application for approval by the Board of Supervisors, Planning Commission or Board of Zoning Appeals, and which parcel of land is in single ownership or under unified control; not off-site.

      ON-SITE CONSTRUCTION. The practice of building a structure on location as opposed to moving a manufactured structure on site.

      OPEN SPACE. Water or land left in undisturbed open condition, unoccupied by buildings, streets or parking lots or occupied by approved commonly owned recreational facilities. Open space = lot area - lot coverage.

      OWNER. The fee simple owner(s) of a property.

      PACKING. The act of packaging agricultural or seafood products, often at the site of production or agricultural or site of landing for seafood products. There is no cooking or processing involved.

      PAINTBALL COURSE. A dedicated area, building, or playing field set up for team paintball competition involving the discharge of balls consisting of biodegradable, non-toxic, water-soluble materials.

      PARCEL. Any tract of land or water not subdivided and shown and identified on the Northampton County Tax Maps as an acreage parcel.

      PARK. A bordered open space, with planned upkeep and maintenance which may include children's playground, tennis courts, fitness trail, nature trail, and other low-impact facilities.

      PARKING SPACE. A space of sufficient size and shape to park one standard size automobile and containing not less than 180 square feet of area.

      PASSIVE SOLAR ENERGY SYSTEM. A system that captures solar light or heat without transforming it to another form of energy or by transferring the energy via a heat exchanger.

      PAVILION. A permanent, open-sided shelter designed for commercial or recreational use only, but not for habitation; not to exceed 3,200 square feet in area.

      PEN. A small enclosure used for the concentrated confinement and housing of animals or poultry; a place for feeding and fattening animals or poultry; a coop.

      PERFORMANCE BOND. A bond of surety, and/or cash deposit approved by the Board of Supervisors equal to full cost of improvements required by these regulations and providing for completion of such improvements within a definite term.

      PHOTOVOLTAIC. Pertaining to the direct conversion of photons of sunlight into electricity.

      PIPE STEM LOT. See LOT, PIPE STEM.

      PLAN OF DEVELOPMENT. Site plans, subdivision plats, proffered rezoning plans, plans associated with approved special use permits, grading plans, and any and all other development-related plans used for review to ensure compliance with VA Code § 10.1-2109 and this chapter, prior to any clearing or grading of a site or the issuance of a building permit.

      PLAT. A document, prepared by a person who is licensed by the Virginia Department of Professional and Occupational Regulation as a licensed land surveyor or a licensed professional engineer that delineates property lines and shows monuments and other landmarks for the purpose of identifying property. When used in the Northampton County Subdivision Ordinance as a verb, PLAT is synonymous with SUBDIVIDE.

      PLEIN AIR EVENT. A painting/drawing event, usually one to three days, at which participants produce art on-site outdoors, for the enjoyment and edification of visitors. May include exhibition and sale of the work produced.

      PORCH. A covered or uncovered, open or enclosed, entrance to a building, or a gallery or room on the outside of a building, i.e., a balcony or portico.

      POULTRY. All domestic fowl and game birds raised in captivity.

      PREVAILING SETBACK. The prevalent and predominant (i.e., most frequently occurring) setback in a defined area.

      PRINCIPAL USE. The primary use made or intended to be made of a parcel of land or a building or structure located on such parcel.

      PRIVATE. A use principally for the benefit of its owner, whether for his/her profit or not. The use may occasionally be offered to family and friends of the owner but when so offered shall not be for a fee or for profit to the owner.

      PRIVATE SCHOOL. Includes private schools, colleges, or universities and private instructional/training institutions.

      PROCESSING. A series of actions or operations upon a raw material or product resulting in a change of form of the product, usually adding value to that product. PROCESSING may involve cooking or industrial processing.

      PRODUCE STAND. A seasonal business selling primarily locally raised farm produce.

      PRODUCTION AGRICULTURE, AQUACULTURE AND SILVICULTURE. The bona fide production or harvesting of agricultural or silvicultural products but shall not include the processing of agricultural or silvicultural products or the above ground application or storage of sewage sludge or disposal of nonagricultural excavation material, waste and debris if the excavation material, waste and debris are not generated on the farm, subject to the provisions of the Virginia Waste Management Act.

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

      PROPERTY. Any tract, lot or parcel or several of the same collected together for the purpose of subdividing, preparing a site development plan and/or developing.

      PUBLIC. A use owned by a government entity or agency.

      PUBLIC ACCESS EASEMENT. A legal easement, or series of easements, which grant and guarantee the right of access for emergency and public service vehicles to any given area or right-of-way.

      PUBLIC BUILDINGS. Any building owned by a governmental organization such as a county, city, town, state or federal government. Such buildings may include a city hall, a county courthouse, a state armory, a federal office building, a post office, an auditorium, a museum, an art gallery, a college or university, hospital, clinics, school, library, police station, fire or rescue squad station and the like.

      PUBLIC FACILITIES. Any public works supplied generally by a governmental organization or for governmental or public use. Such public works shall include, but not be limited to: public roads, schools, water supply and sewer facilities, police and fire protection facilities, and telecommunication facilities.

      PUBLIC SEWERAGE SYSTEM. A central system for the removal, carrying off, treatment and disposal of sewage serving or designed to serve three or more independent dwellings or structures and which may be owned and/or operated by a municipality, county, public service authority, home association, or other person(s) approved by the Board of Supervisors in accordance with VA Code Title 62.1, as amended, and licensed by the State Corporation Commission.

      PUBLIC WATER SUPPLY. A central system for supplying potable water to three or more independent dwellings and which may be owned and/or operated by a municipality, county, public service authority, home association or other person(s) approved by the Board of Supervisors and properly licensed by the State Board of Health in accordance with VA Code Title 62.1, as amended, and licensed by the State Corporation Commission.

      QUARRYING. The industry of extracting stone from an open excavation. QUARRYING shall be deemed to include both the extraction and processing of crushed stone for aggregate and related uses and the extraction of stone in blocks for building, monumental and related uses, but shall not be deemed to include sand and gravel operations nor extractive industries of a temporary nature. (See SAND OR GRAVEL PIT).

      RATED NAMEPLATE CAPACITY. The maximum rated output of electric power production equipment. The output is typically specified by the manufacturer with a "nameplate" on the equipment.

      RECLAMATION. The act or process of reclaiming a useful product from recycled material. RECLAMATION is a continuous industrial process conducted at a permanent site.

      RECORD, RECORDED, RECORDING. Admission to record in the offices of the clerk of a court of competent jurisdiction.

      RECREATIONAL AREA, COMMERCIAL. Any establishment operated as a commercial enterprise in which facilities are provided for patrons related to the following activities: camping, picnicking, boating, crabbing, fishing, swimming, outdoor games and sports and incidental uses which are customarily provided for patrons of such facilities, including refreshment stand, snack bar, café, and a general store. A commercial recreational area does not include go-kart tracks, ATV trails or tracks, shooting ranges or engine-propelled mechanical amusement devices.

      RECREATIONAL AREA, PUBLIC. Any establishment operated by the county or a local government in which public facilities are provided for indoor and outdoor recreation activities.

      RECREATIONAL EQUIPMENT SALES/ RENTALS (MECHANICAL). An establishment for display, rental, and/or sale of mechanical, engine-driven recreational equipment.

      RECREATIONAL EQUIPMENT SALES/RENTALS (NON-MECHANICAL). An establishment for display, rental, and/or sale of non- mechanical recreational equipment such as bicycles, canoes, and kayaks.

      RECREATIONAL VEHICLE (RV). A vehicle which is:

         (a)   Built on a single chassis;

         (b)   Four hundred square feet or less when measured at the largest horizontal projection;

         (c)   Designed to be self-propelled or permanently towable by a light duty truck; and

         (d)   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

      RV/CAMPING EQUIPMENT SALES AND RENTALS. An establishment for display, rental, and/or sale of RVs, travel trailers, campers, tents, and other camping equipment.

      RECYCLING. The act of collecting materials for reuse or reclamation.

      RECYCLING COLLECTION SITE. A location for the collection of materials for recycling. Such a collection site may be either permanent for continuous or intermittent use or temporary.

      RECYCLING TRANSFER STATION. A permanent location where recyclable materials from several collection sites are collected and stored for large volume transfer to a reclamation center.

      RECYCLING YARD. An establishment engaged in the storage, sale, dismantling or processing of used or waste material including (1) principal recyclable materials including but not limited to paper, metal, plastic, container glass, commingled, yard waste, wood waste, textiles, tires, used oil, used oil filters, used antifreeze, batteries, electronics and (2) vehicles and components thereof if the property owner is a licensed auto recycler per Chapter 16 of Title 46.2 of the Code of Virginia.

      REDEVELOPMENT. The process of developing land that is or has been previously developed.

      REHABILITATION CENTERS. Facilities to restore persons to a state of physical, mental or moral health through treatment and training.

      REPLACEMENT VEGETATION. That vegetation which replaces protected vegetation that has been removed.

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

      RESIDENTIAL FACILITY.  

         (a)   A group home or other residential facility for which the Virginia Department of Behavioral Health and Developmental Services is the licensing authority in which no more than eight individuals with mental illness, intellectual disability, or developmental disabilities reside, with one or more resident or nonresident staff persons. "Mental illness" shall not include current illegal use of or addiction to a controlled substance as defined in VA Code § 54.1-3401, or

         (b)   Any assisted living facility or residential facility for which the Department of Social Services is the licensing authority and in which no more than eight aged, infirm or disabled persons reside, with one or more resident counselors or other staff.

      RESOURCE MANAGEMENT AREA or RMA. That component of the Chesapeake/Atlantic Preservation Area that is not classified as the resource protection area. RMAs include land types that, if improperly used or developed, have the potential for causing significant water quality degradation or for diminishing the functional value of the resource protection area. In Northampton County, this includes all land not designated as a resource protection area.

      RESOURCE PROTECTION AREA or RPA. That component of the Chesapeake/Atlantic Preservation Area comprised of lands at or near the shoreline that have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.

      RESPITE CARE FACILITY. A licensed facility that provides short-term, time-limited periods of care of an individual for the purpose of providing relief to the individual's family, guardian, or regular care giver. Individuals providing respite care are recruited, trained, and supervised by a licensed provider. These services may be provided in a variety of settings including residential, in-home at a day-support facility, or in a sponsored residential home.

      RESTAURANT. Any building in which for compensation food or beverages are dispensed for consumption on the premises, including, among other establishments, cafeterias, cafes, tea rooms and confectionery shops. Includes prepared and carry-out food items. RESTAURANT shall not include FAST FOOD SERVICE OPERATION.

      RETAIL STORES AND SHOPS. Buildings for display and sale of merchandise at retail or for the rendering of personal services (but specifically exclusive of coal, wood and lumber yards) such as the following, which serve as illustrations only and are not to be considered to be exclusive: drug stores, newsstands, food stores, candy shops, milk dispensaries, dry goods and notions stores, antique stores and gift shops, hardware stores, household appliance stores, furniture stores, florists, opticians, music and radio stores, tailor shops, barber shops and beauty shops. RETAIL STORES AND SHOPS do not include quick service convenient stores.

      RETIREMENT HOME. A residential facility that provides accommodations, for a fee, to aged individuals, where the provider assumes responsibility for management of the daily physical environment of the residence. Staff supervision and monitoring are on a 24-hour basis. Such facilities may include, but not be limited to, private or semi-private accommodations, on-site food service, indoor and outdoor recreation opportunities, indoor and outdoor common space, and resident parking facilities. Must have all required licenses.

      RIGHT-OF-WAY. A strip of land dedicated or reserved for a road, crosswalk, railroad, sanitary or storm sewer, water main, drainage facility, public utility, or other special use.

      ROAD. See STREET.

      ROTOR DIAMETER. The diameter of the circle subject to moving wind turbine blades.

      RURAL BUSINESS. Any one of the specifically named types of business listed in this chapter and which conform to the criteria found herein. The RURAL BUSINESS designation shall be offered by special use permit only in several zoning districts as set forth in Appendix A. A business may be added to that list through the zoning ordinance text amendment process set forth in this chapter if it conforms to the prescribed criteria.

      RURAL FARMSTEAD, TRADITIONAL. A single-family, detached residence on a working farm, in addition to an existing primary residence occupied by the farm owner and on the same parcel as such primary residence, for the use of the farm family or the farm employees. The farmstead residence must conform to the underlying zoning density and must be supported by a traditional septic tank and required drainfields.

      SALTWATER INTRUSION. Displacement of fresh surface water or groundwater by the advance of sea water, sometimes caused by overdraft of a well.

      SAND OR GRAVEL PIT. A surface mine or excavation process used to remove sand, gravel or fill dirt for sale or off-site use. See QUARRY.

      SAND DUNES. Refer to definitions of COASTAL PRIMARY SAND DUNE and COASTAL SECONDARY SAND DUNE in this chapter.

      SAWMILL, PERMANENT. A sawmill permanently located for the purpose of processing timber from the property on which located, from adjoining property, or from properties removed from the sawmill or its environs without regard to place of origin. Such mill may or may not be held out for the processing of timber bought or sold on a price basis.

      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 and incidental processing of timber transported from other property.

      SCHOOL, VOCATIONAL/TECHNICAL. School offering instruction in non-industrial trades for which specialized skills are required.

      SCHOOL OF SPECIAL INSTRUCTION. A school offering instruction or workshops in traditional regional skills (e.g., decoy carving, net-mending, crab and eel pot-making and mending, boat-building), or cultural, musical, dramatic, culinary, or artistic subjects.

      SCREENED. Not enclosed within a building but screened from view by an opaque vegetated buffer or opaque wall.

      SEMI-PUBLIC BUILDING. Any building designed for the use of the general public or any segment of the general public which is owned and/or operated by a nonprofit association.

      SETBACK. See YARD; the words SETBACK and YARD are interchangeable.

      SEWAGE TREATMENT. The process of removing contaminants from wastewater. It may include physical, chemical, and biological processes to remove physical, chemical, and biological contaminants, with the objective of producing treated effluent and sludge (solid waste.)

      SHADOW FLICKER. The visible flicker effect when rotating turbine blades cast shadows on the ground and nearby structures causing the repeating patterns of light and shadow.

      SHARED SENIOR HOUSING. A residential building with 24-hour on-site management, with separate sleeping quarters for up to six persons, 62 years of age or over, who need minimal assistance with daily living activities, and have no observed behavior indicative to mental illness, mental retardation, mental impairment, substance abuse, behavior disorders, no sign of high risk behavior and pose no health or safety threat to themselves or others. Accommodations may include on-site food service or provide use of central food preparation facility, and may provide common areas for the use of all residents but provides no medical or other health care related services. Must conform to all state licensing and Health Department regulations.

      SHOPPING CENTER. See COMMERCIAL CENTER.

      SHORELINE. The line where open tidal waters abut fastlands during mean high water or where wetlands, beaches and sand dunes, as defined herein, abut fastlands.

      SHORT TERM RENTAL UNIT. A dwelling unit or part thereof, intended for occupancy or lodging purposes, in which accommodations are provided for a period of fewer than 30 days to overnight guests for a fee, hosted or unhosted.

      SHRUB. Woody vegetation usually greater than three feet but less than 20 feet tall, including multi-stemmed, bushy shrubs and small trees.

      SIGN. Any display of any letters, words, numerals, figures, devices, emblems, pictures or any parts of combination thereof, by any means whereby such letters and the like are made visible for the purposes 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, a rock, a tree or other natural object, which display is visible beyond the boundaries of the parcel of land on which the same is made.

      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 back-to-back, that is, on opposite sides of the sign, the area shall be considered to be that of only one face. 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, DIRECTIONAL. A sign, one end of which is pointed, on which an arrow is painted or otherwise indicates the direction to which attention is called, not illuminated, four square feet or less in area, giving the name only of a person, farm, business or other establishment.

      SIGN, ELECTRONIC MESSAGE CENTER. A type of sign that utilizes computer-generated messages or some other electronic means of displaying and changing copy or images. These signs include displays using incandescent lamps, light emitting diodes (LEDs), liquid-crystal display (LCD), fiber optics, light bulbs, plasma display screens or other illumination devices, or a series of vertical or horizontal slats or cylinders that are capable of being rotated at intervals that are used to change the messages, intensity of light or colors displayed by such sign. The term shall not include signs on which lights or other illumination devices display only the temperature or time of day in alternating cycles or only motor vehicle fuel prices displayed continuously.

      SIGN, FEATHER. A lightweight, portable sign mounted along one edge on a single, vertical, flexible pole the physical structure of which at may resemble a sail, bow, or teardrop.

      SIGN, FREE STANDING. A sign located upon a lot, not attached to the main building.

      SIGN, HOME OCCUPATION. A sign not exceeding four square feet in area directing attention to a service available on the premises, but which service is clearly a secondary use of the dwelling.

      SIGN, IDENTIFICATION. A sign which identifies or otherwise describes the name, ownership or location of a lot or parcel of land upon which it is situated.

      SIGN, MINOR. A wall or freestanding sign not exceeding two and one-half square foot in area, not exceeding four feet in height, and not illuminated.

      SIGN, PORTABLE. Any sign that is not permanently affixed to a building structure or the ground.

      SIGN, PROJECTING. A business sign erected, projecting perpendicularly to the building wall surface to which it is attached, no part of which is more than six feet from the wall surface of the building on which such sign is erected.

      SILVICULTURE. Any forest management activity, including, but not limited to, the harvesting of timber, the construction of roads and trails for the forest management purposes and the preparation of property for reforestation.

      SINGLE-FAMILY DWELLING. A structure containing one dwelling unit intended for occupancy by one family as defined in this section.

      SITE DEVELOPMENT PLAN. A detailed, certified drawing indicating building construction and land improvements, including landscape treatments and related information required by this chapter.

      SITE WORK. The preparation of land for a specific use, which may include clearing, grading, installing roads and utilities, bulkheading, fencing, and landscaping.

      SOLAR ENERGY FACILITY. A facility that:

         (a)   Utilizes photovoltaic technology directly to convert solar energy into electricity, consisting of an array of solar modules and other accessory structures, the primary purpose of which is to provide for electricity generation; components of such a facility may include, but are not limited to, transformers, transmission facilities, supporting systems and any and all components necessary for the generation, transmission and interconnection and monitoring of the power generated; or

         (b)   Utilizes passive solar energy arrays for liquid transfer of heat to use within buildings.

      SOLAR ENERGY FACILITY, LARGE SCALE. A photovoltaic solar energy facility, the primary purpose of which is to generate and sell electricity. A LARGE-SCALE SOLAR ENERGY FACILITY consists of a series of ground-mounted panels and appurtenant transmission facilities. Components of such a facility may include, but are not limited to, transformers, transmission facilities, supporting systems, and any and all components necessary for the generation, transmission, interconnection, and monitoring of the power generated.

      SOLAR ENERGY FACILITY, SMALL SYSTEM. A photovoltaic or passive solar energy conversion system primarily for onsite use and consumption. A SMALL-SYSTEM SOLAR ENERGY FACILITY is considered an accessory use and may be either roof-mounted or ground-mounted. A building-integrated solar energy system or a passive solar energy system as defined herein shall be considered a small-system solar energy facility.

      SOLAR MODULE. A device that converts energy from the sun's rays into electric current.

      SOLID WASTE LANDFILL. A method of disposing of refuse on land without creating nuisance or hazards to public health or safety, by utilizing the principles of engineering to confine the refuse to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day's operation or at such more frequent intervals as may be necessary.

      SPECIAL USE. A use of land authorized by a special use permit issued by the Board of Supervisors as a legislative action pursuant to VA Code § 15.2-2286(3). The definition of SPECIAL USE shall be interpreted to include special exception, conditional use or use permit.

      SPECIALTY FOOD PRODUCTION. Creation of limited production, artisanal food products; may include some retail area and shipping capacity.

      SPECIFICATIONS. A detailed, precise presentation of the materials and procedures to be employed in the construction of all physical improvements required by the applicable ordinances of the county.

      STORE. See RETAIL STORES AND SHOPS.

      STORY. That portion of a building, other than the basement, including between the surface of any floor and the surface of the floor next above it. If there be no floor above it, the space between the floor and the ceiling next above it.

      STREET. A strip of land intended primarily for vehicular traffic and providing the principal means of access to property. A street includes, but is not limited to, a lane, drive, avenue, highway, or other thoroughfare.

      STREET (ARTERIAL). A highway utilized primarily as a supplement to, and as an extension of, the interstate highway system, defined in the Virginia State Highway Commission Standards as an arterial highway. A minimum right-of-way of 100 feet is required.

      STREET (COLLECTOR). A street that carries or is anticipated to carry a volume of through traffic exceeding 400 vehicles per day, the right-of-way of which shall not be less than 50 feet nor more than 80 feet depending upon existing or anticipated traffic volume.

      STREET (PRIMARY). A street or highway anticipated to carry a volume of traffic exceeding 3,000 vehicles per day, designed and maintained as a part of the Virginia Primary System, the right-of-way of which shall not be less than 80 feet or more than 160 feet.

      STREET (PRIVATE). A street which affords principal means of access to abutting property and encompassed by a right-of-way dedicated to public use and maintained by a private corporation or adjacent landowners within the platted subdivision, constructed to standards adopted by the county. The right-of-way shall not be less than 50 feet.

      STREET (PUBLIC). A street which affords principal means of access to abutting property and encompassed by a right-of-way dedicated to public use and maintained by the Commonwealth as a part of the state primary or secondary road system. The right-of-way shall not be less than 50 feet.

      STREET (SERVICE DRIVE). A public or private right-of-way, generally parallel with and contiguous to a major highway, primarily designed to promote safety by eliminating pernicious ingress and egress to a major highway by providing safe and orderly points of access to the major highway.

      STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof.

      STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. This includes, among other things, dwellings and buildings, and this does not include signs.

      SUBSTANTIAL ALTERATION. As referenced in the Chesapeake/Atlantic Preservation District, the expansion or modification of a building or development that would result in a disturbance of land exceeding an area of 2,500 square feet.

      SUPERVISED LIVING RESIDENTIAL FACILITY. A licensed assisted living facility for adults who may have physical or mental impairments and require only minimal assistance with activities of daily living. They may include individuals who are dependent on medication administration as documented on a uniform assessment instrument. This definition includes the services provided by independent living facilities that voluntarily become licensed.

      SURVEYOR, LAND. A person who is recognized by the state and who is registered with the Virginia Department of Professional and Occupational Registration (DOPR) as a "registered land surveyor."

      TAXIDERMY SERVICES. Preserving and preparing the skins of birds, fish, and other animals and stuffing and mounting them in a lifelike manner.

      TAXIDERMY SHOP. An establishment for the preservation/mounting of animal, fish, and bird specimens; may include sale of supplies and finished products.

      TEMPORARY FAMILY HEALTH CARE STRUCTURE. A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person that is primarily assembled at a location other than its site of installation and is limited to one occupant who shall be the mentally or physically impaired person. The structure shall be no larger than 300 gross square feet and shall comply with all applicable building codes, including, but not limited to, Industrialized Building Safety Law and the Uniform Statewide Building Code. The structure shall not be placed on a permanent foundation.

      TEMPORARY HOUSING FOR MIGRANT AGRICULTURAL WORKERS. One or more permanent buildings to be used as temporary living quarters for one or more migrant workers employed in production agricultural work as described in VA Code § 3.2-300 and as defined by the term AGRICULTURE in this section. Not intended for use as permanent, year-round single- or multi-unit residential occupancy.

      THEATRE, INDOOR. A building designed and/or used primarily for the commercial exhibition of motion pictures to the general public or used for performance of plays, acts and dramas by actors and/or actresses.

      TIDAL SHORE (SHORELINE). The line where open tidal waters, at mean sea level, and/or vegetated wetlands, beach area or primary dunes, where they exist, abut uplands.

      TIDAL WETLANDS. Vegetated and nonvegetated wetlands as defined in VA Code § 28.2-1300.

      TOURISM OFFICE. A staffed facility for distributing print material and information to tourists and other visitors; may assist with lodging and dining reservations and provide restroom facilities.

      TOWNHOUSE, ROWHOUSE, OR SIDE-BY-SIDE DWELLING. A specific arrangement of three to five attached dwelling units, whether or not part of the same structure, each occupied by a separate family and having the following specific characteristics: each unit has its own access to the outside, roof, not more than two of any five units have the same exterior architectural facade and treatment of materials, and not more than three abutting units having the same front and rear setbacks with a minimum offset of one foot.

      TRACTOR PULL. A staged event, which features standard, unmodified farm tractors towing weighted sledges or other objects, for public entertainment or fund-raising.

      TRAILER, BUSINESS OFFICE. An industrialized unit designed for transportation after fabrication on streets and highways on its own wheels or on a flatbed and arriving at the site where it is to be occupied as an office complete and ready for occupancy except for minor or incidental unpacking and assembly operation, located on jacks or a foundation, connected to utilities.

      TRAILER, TRAVEL AND RECREATION. A mobile unit less than 29 feet in length and less than 4,500 pounds in weight which is designed for temporary human habitation.

      TRIBUTARY STREAM. Any perennial stream that is so depicted on the most recent U.S. Geological Survey 7½ minute topographic quadrangle map (scale 1:24,000).

      TRUCK STOP, TRUCK PLAZA. A facility intended to provide full services to the trucking industry, including, but not limited to the following activities: dispensing of fuel, repair shops, automated washes, restaurants and motels, and overnight parking.

      UNDERSTORY TREE. Any and all trees in the intermediate stratum of vegetation between canopy trees and shrubs, usually over 20 feet tall at maturity.

      UPLANDS. Land areas which have no evidence of wetlands characteristics.

      USE. The principal purpose for which a lot or the main building thereon is designated, arranged or intended and for which it is or may be used, occupied or maintained.

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

      UTILITIES, PUBLIC. The use of land for public utility purposes by an entity providing pipeline, gas, electrical, communications, and water and/or sewage service that is subject to the jurisdiction of the State Corporation Commission.

      UTILITIES, PUBLIC, CLASS A. Facilities necessary to support development in a local area. Included in this type are facilities such as power lines; transformers; relay and booster devices; telephone electronics cabinets; broadband infrastructure, storm drainage facilities; distribution facilities for oil, propane, and natural gas; well, water, and sewer pump stations; electric substations that are screened by trees or shrubs that are at least eight feet in height, operate at a voltage of less than 150 kilovolts, and are located in any zoning districts other than residential districts or in existing subdivisions; and monopole transmission structures less than 150 kilovolts.

      UTILITIES, PUBLIC, CLASS B. Facilities serving a region, such as microwave substations; radio/television antennas; power transmission lines that require support structures consisting of two or more legs which are tied together by solid braces or exceed 150 kilovolts; electric stations or switching facilities with voltage in excess of 150 kilovolts; generating facilities; natural gas, oil, and propane transmission pipelines; water storage tanks; solid waste disposal or processing; community sewage or wastewater treatment plants.

      VALUE ADDED AGRICULTURAL PRODUCTS. Any product that is produced as an incident of an agricultural operation and made using an agricultural product(s) such as honey, maple syrup, breads, jams, jellies, preserves, relishes, juices, cider, milk, ice cream, peanut butter and cheese.

      VARIANCE. A relaxation of the terms of the zoning ordinance where such relaxation shall not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship. As used in this chapter, a VARIANCE is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance.

      VERANDAH. An open porch, usually roofed, extending along the outside of a building.

      VESTED RIGHTS. As set forth in VA Code § 15.2-2307.

      WATER BODY. Any temporary or permanent natural or man-made catchment, which, by its nature or construction, contains water (e.g., ponds, best management practices facilities, and perennial ditches).

      WATER BODY WITH PERENNIAL FLOW. A body of water that flows in a natural or man-made channel year-round during a year of normal precipitation. This includes but is not limited to streams, estuaries, and tidal embayments, and may include drainage ditches or channels constructed in wetlands or from former natural drainage ways, which convey perennial flow. Lakes and ponds through which a perennial stream flows are part of the perennial stream. Generally, the water table is located above the streambed for most of the year, and groundwater is the primary source for stream flow.

       WATER-DEPENDENT FACILITY. A development of land that cannot exist outside the resource protection area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to:

         (a)   Ports;

         (b)   The intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers;

         (c)    Marinas and other boat docking structures;

         (d)   Beaches and other public water- oriented, recreation areas;

         (e)   Fisheries or other marine resource facilities; and

         (f)   Aquaculture and aquacultural facilities and essential accessory uses and structures when it is demonstrated through the required Water Quality Impact Analysis that such accessory uses and structures will not create water quality impairments in the adjacent body.

      WATERSHED. The region drained by or contributing water to a stream, creek, pond or other body of water.

      WATERTABLE. The upper surface of the free groundwater in a zone of saturation except when separated by an underlying of groundwater by unsaturated material.

      WETLANDS. See TIDAL AND NONTIDAL WETLANDS.

      WIND ENERGY FACILITY. An electricity-generating facility consisting of one or more wind turbines, utility scale or large scale, under common ownership or operating control that includes substations, cables/wires, foundations, access roads, crane platforms and other building accessories to such facility, whose main purpose is to supply electricity to off-site customers.

      WIND ENERGY TEST FACILITY. An electricity-generating facility consisting of one or more wind turbines, utility scale or large scale, under common ownership or operating control that includes substations, cables/wires, foundations, access roads, crane platforms and other building accessories and any testing equipment, such as but not limited to, METMASTS to such facility, whose main purpose is to test and certify new wind turbines.

      WIND TOWER. The structure on which the wind system turbine is mounted.

      WIND TOWER HEIGHT. The height above grade of the fixed portion of the tower, excluding the rotor blades.

      WIND TURBINE. A structure that converts wind energy into electricity through the use of a wind turbine generator, along with its associated rotors, blades, tower, wiring and pad transformer.

      WIND TURBINE, LARGE SCALE. A wind turbine with a rated capacity of greater than 100 kW but less than one MW (primarily used for on-site utilization of electricity).

      WIND TURBINE, UTILITY SCALE. A wind turbine with a rated capacity of one MW or greater.

      WIND TURBINE HEIGHT. The highest point, above ground level, reached by the highest vertical extension of the blade plus the wind tower height.

      WINDMILL. A machine designed to convert the energy of the wind into more useful forms using rotating blades to turn mechanical machinery to do physical work, such as crushing grain or pumping water. A windmill is not a wind energy conversion system.

      WORKFORCE HOUSING. Housing which is accessible to households whose primary source of reported income is from employment and whose income ranges between the weekly income available from minimum-wage salaries and the weekly income available from the current "average wage" salary as defined for Northampton County by the U. S. Bureau of Labor Statistics.

      WORKING WATERFRONT USES, STRUCTURES AND BUILDINGS. Commercial and public uses that depend upon water to function and are located on, over or adjacent to or have direct access to a body of water such as, but not limited to, fishing, aquaculture, docks, wharfs, boat ramps, marinas, marine transportation, shipping, ports, harbors, as opposed to a use that may be enhanced by water such as, but not limited to, restaurants and housing.

      WORKING WATERFRONT SUPPORT USES, STRUCTURES AND BUILDINGS. Uses, structures and buildings that supply necessary services to the working waterfront such as, but not limited to, boat building, repair, storage and hauling, seafood grading, packaging, processing and sales and marine equipment sales and storage.

      YARD. A minimum distance between a building or use and the adjoining lot lines, unoccupied or unobstructed by any portion of a structure or use from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the building shall be used. The words YARD and SETBACK are interchangeable.

      YARD, FRONT. The minimum horizontal distance between the right-of-way line and the building or any projection thereof other than steps or unenclosed porches, and extending between the two side lot lines.

      YARD, REAR. The yard between the rear of the building and the lot line most nearly parallel thereto and extending across the rear of the lot between the side lot lines.

      YARD, SIDE. A yard between the side of the building and the lot line most nearly parallel thereto and extending from the required front yard to the required rear yard.

      ZERO LOT LINE. A common lot line on which the wall of a structure may be constructed on each side of the line.

      ZERO LOT LINE DEVELOPMENT. An arrangement of housing on adjoining lots in which the required side yard offset is reduced on one side and increased on the other side so that the sum of the offsets on any lot is no less than the sum of the required offsets.

      ZONING ADMINISTRATOR or THE ADMINISTRATOR. The Zoning Administrator of Northampton County and of any incorporated towns under the jurisdiction of this chapter and her/his designee; the administrative officer designated to administer the zoning ordinance and issue zoning permits and approvals, as well as his/her designated agent(s).

      ZONING DISTRICT, FLOATING. An unmapped zoning district where all the zone requirements are contained in this chapter and the zone is fixed on the Zoning District Map only when an application for development meeting the zone requirements is approved by the Board of Supervisors as an amendment to this chapter.

      ZONING DISTRICT, OVERLAY. A special purpose zoning district which overlays and supplements the primary and/or secondary zoning districts and which modifies or supplements the regulations thereof to achieve the special development objectives set forth in the Overlay Zoning District.

      ZONING DISTRICT, PRINCIPAL. A specifically delineated area within Northampton County, Virginia, within which the regulations governing the use of land, buildings and structures are designed to achieve a specific purpose of the district and the Comprehensive Plan. Unless modified by a secondary zoning district or an overlay zoning district, the requirements of the principal zoning district governing the use of land and buildings and the extent of such use shall apply uniformly to all uses and structures throughout the district.

      ZONING DISTRICT, SECONDARY. A district further dividing a principal zoning district with separate regulations governing the use of land, buildings and structures; the height of buildings or structures; and the size of yards. The requirements of the secondary zoning district are intended to apply uniformly to all uses and structures throughout the district.

      ZONING DISTRICT MAP. A map or maps of the County of Northampton which are adopted as part of the zoning ordinance and which delineate the boundaries of all zoning districts.

(Ord. passed 4-12-2016; Am. Ord. passed 9-13-2016; Am. Ord. passed 12-12-2017; Am. Ord. passed 2-3-2018; Am. Ord. 2018-03, passed 8-14-2018; Am Ord. 2018-05, passed 4-9-2019; Am. Ord. 2019-04, passed 2-11-2020; Am. Ord. passed 5-10-2022; Am. Ord. passed 2-13-2024; Am. Ord. passed 3-12-2024; Am. Ord. passed 4-9-2024; Am. Ord. passed 5-14-2024)