§ 35.2-113. Definitions.

The following terms shall have the meanings established in this section unless specifically modified by provisions of the applicable section of the Zoning Ordinance.

1.	Abut: To adjoin or touch at one or more points along a common boundary.
2.	Accessible: Dwellings that meet prescribed requirements for accessible housing. Mandatory requirements for accessible housing in the Department of Housing and Urban Development's program 202 and 811, section 504, and the Fair Housing Amendments Act requirements. Accessible features in dwellings include items such as wide doors, sufficient clear floor space for wheelchairs, lower countertop segments, lever and loop type handles on hardware, seats at bathing fixtures, grab bars in bathrooms, knee spaces under sinks and counters, audible and visual signals, switches and controls in easily reached locations, entrances free of steps and stairs, and an accessible route through the house. Most "accessible" features are permanently fixed in place and very apparent.
3.	Accessory use or accessory:  A use conducted on the same zoning lot as the principal use to which it is related (whether located within the same or an accessory building or other structure, or on an accessory use of land), except that, where specifically provided in the applicable regulations, accessory off-street parking or loading need not be located on the same zoning lot.  A use that is clearly incidental to, and customarily found in connection with, such principal use.  A use subordinate in area, floor area, intensity, extent and purpose to the principal use.  A use either in the same ownership as such principal use, or operated and maintained on the same zoning lot substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use.  When "accessory" is used in the text, it shall have the same meaning as "accessory use"
4.	Accessory structure: A structure subordinate to, and located on, the same zoning lot with a main building, the use of which is clearly incidental to that of the main building or to the principal use of the land, and which is not attached by any part of a common wall or a common roof to the main building.
5.	Address sign: A sign displaying only the assigned address of a property or building that is attached to a building or sign structure or part thereof. An address sign shall not be included in the maximum permissible sign area of the district in which it is located.
6.	Adjacent: To abut or be located on the opposite side of a right-of-way or easement.
7.	Administrator or Zoning Administrator: the official charged with the enforcement of this zoning ordinance except where responsibility is specifically delegated.
8.	Agriculture: Any use of land which involves the tilling of soil, the growing of crops or plant growth of any kind, or the raising of livestock or poultry for profit. "For profit" means in excess of what a household would normally grow or raise for its own use or consumption, and shall include the processing and retail sale, in a farm produce stand, or otherwise on the premises, of the products of only the farm on which such processing is conducted.
9.	Airport elevation: The highest point on any usable landing surface expressed in feet above mean sea level.
10.	Airport or air landing field: Any area of land or water designated and set aside for the landing or taking-off of aircraft, the discharge or receiving of cargoes and/or passengers, or the repair, fueling or storage of aircraft.
11.	Airport: Lynchburg Regional Airport and/or Falwell Airport.
12.	Alteration: Any change, modification or addition to a part of or all of the exterior of any building or structure.
13.	Amend or amendment: Any repeal, modification or addition to a regulation; any new regulation; any change in the numbers, shape, boundary, or area of a district or any repeal or abolition of any map, part thereof, or addition thereto.
14.	Antenna support structure: Any building or other structure 30 feet in height or taller other than a tower which can be used for location of telecommunications facilities.
15.	Apartment house: See dwelling, multi-household.
16.	Apartment: A room or suite of two or more rooms, which is designed or intended for residential occupancy by, or which is occupied by, one household doing its cooking therein.
17.	Applicant: Any person who applies for any development approval.
18.	Application or development application: Means the process by which the owner, or the owner's legal representative, of a plot of land within the City submits a request to develop approval. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such a request.
19.	Approach surface: A surface, whose design standards are referenced in section 35.2-57.3, longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface, and at the same slope as the approach zone height limitation slope set forth in section 35.2-57.4 In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
20.	Approach, transitional, horizontal, and conical zones: the airspace zones as set forth in section 35.2-57.4.
21.	Arcade: A public or private pedestrian walkway that is open to the street and covered by the upper floors of a building front.
22.	Arterial or arterial street: A public street currently classified in the comprehensive plan functional classification map as an arterial.
23.	Automobile graveyard: Any lot or place which is exposed to the weather and upon which more than five motor vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative, are placed, located or found. The movement or rearrangement of vehicles within an existing lot or facility does not render this definition inapplicable. The provisions established by this definition shall begin with the first day that the vehicle is placed on the subject property.
24.	Automobile service station: A location providing light automobile repairs as listed in LBCS functional use code 2117a. A building, lot, or both, in or upon which gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made, and no other: 1. Sales and servicing of spark plugs, batteries, and distributors and distributor parts. 2. Tire servicing and repair, but not recapping or regrooving. 3. Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors and the like. 4. Radiator cleaning and flushing. 5. Washing and polishing, and sale of automotive washing and polishing materials. 6. Greasing and lubrication. 7. Providing and repairing fuel pumps, oil pumps and lines. 8. Electrical system repairs 9. Adjusting and repairing brakes. 10. Minor motor adjustments not involving racing the motor. 11. Retail sales of convenience goods. 12. Virginia state inspection station. Uses permissible at an automobile service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations.
25.	Awning: A permanent roof like structure that projects from the wall of a building, covered with any material designed and intended for protection from the weather or as a decorative embellishment including those types which can be retracted, folded, or collapsed against the face of the supporting building.
26.	Banner: A sign consisting of a piece of fabric or any other material, other than a flag or pennant, used to advertise a business, service, product, goods, special promotion, activity or event.
27.	Base flood: The flood having a one percent chance of being equaled or exceeded in any given year.
28.	Base flood elevation: The Federal Emergency Management Agency designated 100-year water surface elevation.
29.	Basement: Any area of the building having its floor sub-grade (below ground level) on all sides.
30.	Bed and breakfast or tourist home: A dwelling, occupied as such, in which sleeping accommodations in less than six rooms with not more than four persons per room are provided or offered for transient guests for compensation, under the management of the occupants of that dwelling for dwelling purposes. A tourist home or bed and breakfast shall not be deemed a home occupation.
31.	Billboard or poster panel: Any exterior sign or advertising structure or portion thereof, including any sign painted directly on any exterior wall, roof, or part of a building or other object, displaying any information other than the name and occupation of the user of the premises or the nature of the business conducted thereon or the products sold, manufactured, processed or available thereon.
32.	Block face: The edge of a block fronting on a street.
33.	Block: An area of land bounded by streets providing access to such area.
34.	Board of Zoning Appeals: The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this ordinance as described in this ordinance and regulated by the Code of Virginia.
35.	Boardinghouse or lodging house: A residence where the owner resides in which, for compensation, lodging, or meals, or both, are furnished to transient or non-transient guests. A boardinghouse shall not be deemed a home occupation.
36.	Boarding unit or lodging unit: Any building or part thereof constituting a separate, independent transient accommodation that is physically separated from other such units so as to provide secure and private temporary accommodations.
37.	Buffer: An area of land, including landscaping, or combination of landscaping berms, solid fences and/or walls that is located between land uses of different character and is intended to mitigate negative impacts of the more intense use.
38.	Building, accessory: A building subordinate to, and located on, the same zoning lot with a main building, the use of which is clearly incidental to that of the main building or to the principal use of the land, and which is not attached by any part of a common wall or a common roof to the main building.
39.	Building envelope: The area in which a building may be constructed, which is bounded by the minimum front, side and rear setbacks and the maximum building height.
40.	Building group: A group of two or more main buildings and any buildings accessory thereto occupying a single zoning lot.
41.	Building line or setback: A line drawn parallel to a lot line at a distance therefrom equal to the depth of a required setback.
42.	Building mounted sign: A permanently attached sign, erected or painted on the outside wall, window, or door of a building.
43.	Building permit: A document issued by the City of Lynchburg to permit the construction, erection of alteration of any structure.
44.	Building, height of: The vertical distance measured from the level of approved street grade opposite the middle of the front of the building to the highest point of roof surface of a flat roof; to the deck line of a mansard floor; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof; except as otherwise provided in section 35.2-61.2.
45.	Building, main: The building in which is conducted the principal use of the zoning lot on which it is situated in any residential zone; any dwelling shall be deemed to be a main building on the zoning lot on which the same is located if the lot is used primarily for residential purposes.
46.	Building, temporary: Any structure which is intended to be used or occupied for only a limited time or which is not permanently supported by a foundation.
47.	Building: Any structure designed or intended for support, shelter, enclosure or protection of persons, animals, chattels or property.
48.	Business district: A zoning district whose designation begins with the letter "B".
49.	Business incubator: A facility that provides start-up or emerging businesses with space and shared office equipment, support and business development services, such as management and marketing assistance, for a limited period of time. A business incubator shall meet the following criteria: (1) It shall contain uses authorized in the applicable zoning district under one roof with a minimum of six tenant spaces. (2) Companies housed in a business incubator shall either provide services or support to existing basic industries, or shall conduct light manufacturing or distribution businesses. (3) Display rooms for retail sales shall not exceed ten percent of the gross floor area of the tenant space. (4) A tenant shall not be allowed to occupy the facility for more than 48 months.
50.	Caliper: Trunk diameter of a tree measured six inches from the ground. If the caliper is greater than four inches, the measurement is taken 12 inches from the ground.
51.	Campus : A designated area of land including the buildings and grounds of institutional uses such as schools, colleges, universities, senior living facilities, medical facilities and churches. A campus may be divided by public or private rights-of-way.
52.	Care center: A day nursery, nursery school, day camp, summer camp or other place where reception or care is provided with or without compensation, of persons of any age and the primary use of the facility where said reception or care is provided is not a residence.
53.	Cemetery: A place used for the permanent commercial interment of dead bodies or the cremated remains thereof. It may be either a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cinerary interments or a combination thereof.
54.	Certificate of appropriateness (COA): The approval statement signed by the historic preservation commission chair and/or the secretary that certifies the appropriateness of a particular request for the construction, alteration, reconstruction, repair, restoration, or demolition of all or a part of any building or structure within a historic district, subject to the issuance of all other permits needed for the matter sought to be accomplished.
55.	Certificate of Occupancy: Authorization granted by the City for use of a lot or structure.
56.	Changeable copy sign: A sign, or part of a sign, with copy that can be changed by manual, mechanical, or electronic means. Copy may not change more than once every six seconds. Changeable copy signs include electronic message centers.
57.	Channel enclosure: Continuous c-shaped metal, or similar opaque material, surrounding three-quarters of the circumference of neon tubing of a sign.
58.	Channel: A natural or artificial depression of perceptible extent with a definite bed and banks to confine and conduct flowing water.
59.	Civic uses: Public or quasi-public uses serving the needs of the community that promote human interaction, such as: care centers, religious institutions, civic clubs and fraternal organizations, community swimming pools, libraries, museums, art galleries, public buildings, meeting halls, public or community recreational facilities, parks, schools and colleges.
60.	Collector street: A public street currently classified as a collector street in the functional classification map of the Comprehensive Plan.
61.	Commercial amusement (temporary): A temporary outdoor amusement center, bazaar, circus, carnival, or fair, either involving use of special purpose equipment or conducted by professional operators, or both, and where activities include such things as rides, exhibitions, food service, sales or small-scale games.
62.	Commercial amusement: The provision of entertainment or games of skill to the general public for a fee, including but not limited to a bowling alley, video arcade, dance hall, billiard parlor, golf driving range, skating rinks, swimming pools or miniature golf course. This use does not include circuses, carnivals, race tracks, or shooting ranges.
63.	Commercial building: A building used only for a commercial use.
64.	Commercial recreation: The provision of entertainment or games of skill to the general public for a fee, with higher noise and safety restrictions than a commercial amusement. A facility designed or used for shooting at targets with firearms and/or archery and which is completely enclosed within a building or structure. Does not include outdoor shooting or archery ranges.
65.	Commercial use: Any use involving in part or in whole the storage of merchandise, sale of merchandise, materials or services, but not including home occupations.
66.	Community facility use: A public use in private or public ownership run on a nonprofit basis. Examples are: churches, welfare centers, voluntary hospitals, or privately-endowed museums or libraries. Facilities of private, nonprofit membership organizations for use only by members thereof are also community facilities. Examples may be country clubs, golf courses or community swimming pools.
67.	Comprehensive Zoning Map amendment: An amendment to the official Zoning Map where any of the following conditions exist:(1) The area to be rezoned constitutes an entire neighborhood as defined in the Comprehensive Plan, or a group of such neighborhoods.(2) The area to be rezoned includes at least 400 acres of ground.(3) The area to be rezoned includes at least five lots, except where all of the said lots are included in a subdivision to be developed as a whole by one developer.
68.	Community owned: Facilities owned and operated by a public, non-profit or not-for-profit entity and open to the general public.
69.	Concept Plan: (1) A plan that establishes the general layout and intensity of proposed development in enough detail to demonstrate compliance with the applicable development approval criteria for discretionary approvals by the City Council. (2) A generalized, illustrative plan for the IN-1 and IN-2 districts, indicating how off site impacts such as traffic, water and sanitary sewer availability/capacity, stormwater management, lighting and noise are mitigated and providing an assessment of existing and future development of the institution's campus, including buildings, parking areas, recreational facilities, open space and access points to City streets.
70.	Conditional use: A permit to grant restricted use of property for uses other than those permitted by right.
71.	Conditional zoning or zone: A zoning district or portion thereof, which has been established pursuant to provisions this Zoning Ordinance and which is subject to reasonable conditions proffered in writing by the owner of the subject property and agreed to by the City Council in a zoning map amendment to which such conditions are applicable in addition to those regulations provided for that particular zoning district, or portion thereof, by the overall Zoning Ordinance.
72.	Conical surface: An imaginary surface, whose design standards are referenced in extending and sloping horizontally and vertically from the periphery of the horizontal surface of an airport flight path.
73.	Conservation: Any action designed to keep a structure, area containing structures, or places from being damaged, lost or wasted.
74.	Construction sign: A temporary sign that notifies the public of a specific building or development under construction or reconstruction or to be constructed or reconstructed within the next three months. The sign may also identify the architect, contractor, subcontractor and/or material supplier participating in construction on the property on which the sign is located.
75.	Construction, start of: The date the building permit was issued for new construction or substantial improvements, meaning the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date.
76.	Contributing property: Those properties which by reason of form, materials, architectural details and relation to surrounding properties contribute favorably to the general character of the historic district in which they are located.
77.	Coverage, lot: The proportion of a lot covered by the maximum horizontal projected area of a building and its accessory buildings, including overhangs and projections.
78.	Decorative landscape stone: Stone that has natural or manmade distinguishing characteristics such as color and shape. Decorative landscape stone may be used as mulch.
79.	Delineated wetland: An area delineated by the U.S. Army Corps of Engineers as a wetland.
80.	Demolition: The dismantling or tearing down of all or part of any building or structure and all operations incidental thereto.
81.	Depth of lot: The mean horizontal distance between the front lot line and rear lot line of a lot.
82.	Detached building: A building surrounded by yards or other open area on the same zoning lot.
83.	Development: Any man-made change to improved or unimproved real estate, including, but not limited to, the erection, placement or modification of buildings or other structures; mining, dredging, filling, grading, paving, excavation or drilling operations; storage of equipment or materials; or the establishment or expansion of a use on a site.
84.	Development approval: Any City approval required for development.
85.	Development area / disturbed area: All areas shown within the limits of clearing and grading on a concept plan or final site plan.
86.	Development pattern: See land use development pattern
87.	Digital sign or electronic message center: An electrically activated changeable copy sign with a variable message and/or graphic presentation capability that can be electronically programmed by computer from a remote location or at the sign. These signs typically use arrays of LED lights to create an illuminated message.
88.	Directional sign: An on-premises sign whose message is exclusively limited to guiding the circulation of pedestrian or vehicular traffic, such as enter, exit, or one-way.
89.	Dwelling: A building containing one or more dwelling units. The term "dwelling" or any combination thereof shall not be deemed to include hotel, rooming house, motel, clubhouse, hospital or other accommodations used for more or less transient occupancy.
90.	Dwelling unit: One or more rooms in a residential building or in a mixed building which are arranged, designed, used or intended for use by one or more persons living together and which include lawful cooking space and lawful sanitary facilities reserved for the occupants thereof.
91.	Dwelling, cluster or cluster development: A development pattern defined in Article VIII of this Zoning Ordinance characterized by small lots and the retention of common open space.
92.	Dwelling, detached: A building containing only dwelling units surrounded by yards or other open area on the same zoning lot.
93.	Dwelling, group: A building group consisting only of dwellings occupying a parcel of land in one ownership and having any yard or service area in common.
94.	Dwelling, multi-household for the elderly: A building or portion thereof designed for or occupied by more than two families, and all living units of which are to be maintained under single ownership or management. This shall be interpreted to include a cooperative apartment house. Provided further, that all occupants of said residential units must be (a) persons 62 years of age or older; (b) married couples either of which is 62 years of age or older; or (c) handicapped persons under 62 years of age who have physical impairments which are expected to be of long-continued or indefinite duration, and which substantially impede the ability of such person to live independently.
95.	Dwelling, multi-household: A building or portion thereof designed for or occupied by more than two families, and all living units of which are to be maintained under single ownership or management. This shall be interpreted to include cooperative apartment houses.
96.	Dwelling, semi-detached: One of two buildings, arranged or designed as dwellings located on abutting lots, separated from each other by a party wall, without openings, extending from the cellar floor to the highest point of the roof along the dividing lot line, and separated from any other building or structures by space on all sides.
97.	Dwelling, single-household: A building containing not more than one dwelling unit and occupied by not more than one household.
98.	Dwelling, townhouse, or row house: One of a series of three or more attached dwelling units separated from one another by continuous vertical party walls without openings from basement floor to roof.
99.	Dwelling, two-household (duplex): A building located on one zoning lot containing not more than two dwelling units, arranged one above the other, front to back, or side by side, and occupied by not more than two households.
100.	Easement: A grant by a property owner of the use of a designated part of his land by another party for a specified purpose and for a specified time, which shall be included in the conveyance of land by such easement.
101.	Eave: The underside of the projection of a roof beyond the outer wall of a building.
102.	Electrical engineer: An electrical engineer licensed by the Commonwealth of Virginia.
103.	Electronic message center (EMC): see digital sign
104.	Elevated building: A non-basement building built to have the lowest floor elevated about the ground level by means of fill, solid foundation perimeter walls, pilings or columns (posts and piers).
105.	Encroachment , floodplain: The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
106.	Encroachment lines: The lateral limits or line drawn along each side of and generally parallel to a watercourse or body of water, to preserve the flood carrying capacity of the stream or other body of water and its floodplain, and to assure attainment of the basic objective of improvement plans that may be considered or proposed. Their location along a stream should be such that the floodways between them will effectively carry and discharge a flood not less than the magnitude of the 100-year flood.
107.	Enlargement, or to enlarge: An addition to the floor area of an existing building, an increase in the size of any other structure, or an increase in that portion of a tract of land occupied by an existing use. To "enlarge" is to make an enlargement.
108.	Equal degree of encroachment: A standard applied in determining the location of encroachment lines so that the hydraulic capacity of floodplain lands on each side of a channel are reduced by an equal amount when calculating the increases in flood stages due to floodplain encroachments.
109.	Evergreen tree: A tree or shrub that has foliage that persists and stays green throughout the year.
110.	Existing tower: A telecommunications tower that is in existence or is being constructed on December 9, 1997
111.	Extension, or to extend: An increase in the amount of existing floor area used for an existing use within an existing building. To "extend" is to make an extension.
112.	Exterior architectural features: The architectural style, general design and general arrangement of the exterior of a building, structure or object, including but not limited to the kind or texture of the building material and the type and style of all windows, doors, signs and other appurtenant architectural fixtures, details, features or elements.
113.	Façade: The outer surface of a building.
114.	Fall zone: That area within a prescribed radius (equal to the height of the tower) as measured from the base of a tower. A fall zone is based on physical phenomena that can result in a hazard beneath a tall structure and is the area within which there is a potential hazard from falling debris or collapsing material. A fall zone is distinct from a setback.
115.	Family day home: A child day program offered in the residence of the provider or the home of any of the children in care for one through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation and meets the requirements of Article 63.2-100 of the Code of Virginia. The term shall not include any family-type facility which provides child care to not more than five children placed by order of any court of competent jurisdiction, or by any public welfare department or other government agency having responsibility of placing children for care.
116.	Final site plan: A site plan that when approved in accordance with this ordinance enables an applicant to apply for a building permit.
117.	Fire district: The territory defined and limited by the provisions of the BOCA Basic Building Code for the restriction of types of construction to ensure adequate fire protection.
118.	Flag pole: A freestanding structure or a structure attached to a building or the roof of a building for the sole purpose of displaying flags.
119.	Flag: Any fabric or any other flexible material attached to or designed to be flown from a flagpole or similar device.
120.	Flashing sign: A sign that involves motion or rotation of any part of the structure, moving reflective disks, running animation or video, or displays an intermittent light or lights. Signs that display an on-premise message changed by electronic means or remote control, programmed or sequenced to change no more than once every six seconds shall not be considered a flashing sign.
121.	Flea market: A market, whether held indoors or outdoors, where antiques, used household goods, curios and similar items are sold or traded by or on behalf of multiple vendors.
122.	Flood hazard area: The maximum area of the 100-year floodplain (as defined in regulations for the national flood insurance program) which is likely to be flooded, or for which mudslides can be reasonably anticipated.
123.	Flood or flooding: 1. A general or temporary condition or partial or complete inundation of normally dry land areas from:  a. the overflow of inland or tidal waters; or,  b. the unusual and rapid accumulation or runoff of surface waters from any source. 2. The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual an unforeseeable event which results in flooding as defined in paragraph (1)a. of this definition.
124.	Floodplains: The areas of land adjoining a watercourse that have in the past, or can be reasonably expected in the future, to be covered temporarily by flood waters.
125.	Flood-prone area: Any land area susceptible to being inundated by water from any source.
126.	Floodproofing: Combinations of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in the regulatory floodplain.
127.	Floodway fringe: That portion of the 100-year floodplain outside of the floodway.
128.	Floodway: The channel of a river or other watercourse and those portions of the adjoining floodplains which are reasonably required to discharge the water of the 100-year flood (base flood), without causing a more than one-foot rise at any point in the City as shown in the City's flood insurance study published by the Federal Emergency Management Agency.
129.	Floor area: The sum of the gross areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerlines of walls separating two buildings. In particular, floor area includes: 1. Basement space, except such space in a basement which has at least one-third of its height below curb level, and which is located in a residential building with not more than two stories entirely above curb level. 2. Elevator shafts or stairwells at each floor. 3. Floor space in penthouses. 4. Attic space (whether or not a floor has been laid) providing structural headroom of eight feet or more. 5. Floor space in interior balconies or mezzanines. 6. Floor space in open or roofed terraces, exterior balconies, breezeways, or porches, if more than 50 percent of the perimeter of such terrace, balcony, breezeway or porch is enclosed. 7. Any other floor space used for dwelling purposes, no matter where located within a building, when not specifically excluded. 8. Floor space in accessory buildings except for floor space used for accessory off-street parking. Floor area of a building shall not include: 1. Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths. 2. Elevator or stair bulkheads, accessory water tanks or cooling towers. 3. Uncovered steps. 4. Attic space, whether or not a floor actually has been laid, providing structural headroom of less than eight feet. 5. Floor space in open or roofed terraces, exterior balconies, breezeways or porches, provided that not more than 50 percent of the perimeter of such terrace, balcony, breezeway or porch is enclosed. 6. Unenclosed floor space used for permitted or required accessory off-street parking spaces. 7. Floor space used for accessory off-street loading berths. 8. Floor space used for mechanical equipment.
130.	Floor area ratio: The total floor area on a zoning lot, divided by the lot area of that zoning lot. (For example, a building containing 20,000 square feet of floor area on a zoning lot of 10,000 square feet has a floor area ratio of 2.0.)
131.	Floor plate: The floor area of the ground floor or footprint of a building.
132.	Food Establishment: A business operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption.
133.	Foundation planting: Trees and shrubs planted along and adjacent to the perimeter of a building.
134.	Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed.
135.	Freestanding sign: A non-movable sign supported by structures or supports in or upon the ground and not attached to a building.
136.	Frontage: The horizontal length of the front lot line of a zoning lot abutting a public street, road, or highway, or rural right-of-way.
137.	Gambrel roof: A roof gable roof, each sloping side of which has two sloping planes, with the lower plane being steeper than the upper plane (e.g., barn roof)
138.	Garden apartment units: Group multiple dwellings consisting of more than one main building containing more than one unit per building for single-household occupancy.
139.	Gasoline station: See Automobile service station.
140.	Graphic: Any logo, emblem, insignia, or text, formed by writing, drawing, painting or engraving.
141.	Ground cover: Any evergreen or broadleaf plant that does not generally attain a mature height of more than one foot, characterized by a growth habit in which the plant spreads across the ground to connect with other similar plants forming a continuous vegetative cover on the ground. Sod and seeding shall be considered an appropriate ground cover.
142.	Group Home: A residential facility wherein (a) the operator is not legally related to the individuals supervised and may be licensed by the state, and wherein (b) four or more individuals are provided with room, board, specialized and distinctive care, and daily supervision. For the purpose of the Zoning Ordinance, a facility providing care to less than four persons shall not be considered a group home. The term "Group Home" would include but not be limited to such groups as: foster family homes, homes for adults, abused women, individuals with mental illness, intellectual disability, or developmental disabilities, or physically handicapped. This definition does not include pre-release or post-release individuals who have been incarcerated. 1. A residential facility in which no more than eight individuals with mental illness, intellectual disability, or developmental disabilities reside, with one or more resident counselors or other staff persons, shall be considered for all purposes residential occupancy by a single-household. For the purposes of this section, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the code of Virginia. No conditions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on such facility. This type of residential facility shall be deemed to be any group home or other residential facility for which the department of behavioral health and developmental services is the licensing authority pursuant to this code. 2. A residential facility, in which no more than four aged, infirm or physically disabled persons reside, with one or more resident counselors or other staff persons, shall be considered for all purposes residential occupancy by a single-household. No conditions, more restrictive than those imposed on residences occupied by persons related by blood, marriage or adoption shall be imposed on such a facility. For purposes of the Zoning Ordinance, "residential facility" means any group home or residential facility in which aged, infirm or disabled persons reside with one or more resident counselors or other staff persons and for which the Virginia department of social services is the licensing authority pursuant to the Code of Virginia.
143.	Guest: Any person hiring and occupying a room for sleeping purposes.
144.	Hazard to air navigation: An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace in the Commonwealth.
145.	Hazardous materials: Includes any substance or material could adversely affect the safety of the public, handlers or carriers during transportation, including, but not limited to materials that require a Hazardous Materials Endorsement by the United States Patriot Act and the Virginia Department of Motor Vehicles.
146.	Heat island effect: An elevated temperature over an urban area caused by pavement, buildings, other infrastructure and pollutant emissions
147.	Height of building: See Building, height of.
148.	Height of sign: The distance to the topmost extent of the sign structure when measured from and perpendicular to the elevation of the edge of pavement of the closest adjacent roadway on which the sign is located. In no instance shall the sign structure be required to be less than ten feet in height, except as otherwise specifically required by the Zoning Ordinance.
149.	Height: for the purpose of determining the height limits affected by airport operations in all zones set forth in section 35.2-57.4 and shown on the Zoning Map, the datum shall be mean sea level (M.S.L.) elevation unless otherwise specified.
150.	Helipad: Landing facility for up to two helicopters that may be lit, but does not include facilities for storage, fueling or servicing of helicopters.
151.	Heliport: Facilities for the landing helicopters that may include facilities for storage, servicing and/or fueling one or more helicopters at a time.
152.	Historic area, historic place, or historic structure: 1. Any structure, area containing structures, or place in which historic events occurred; or having special public value because of notable architectural or other features, relating to the cultural or artistic heritage of the community of such significance as to warrant conservation and preservation. 2. Any structure that is:  a. listed individually in the national register of historic places (a listing maintained by the department of the interior) as meeting the requirements for individual listing on the national register;  b. certified or preliminarily determined by the secretary of the interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;  c. individually listed on a state inventory or historic places in states with historic preservation programs which have been approved by the secretary of the interior; or  d. individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:   i. by an approved state program as determined by the secretary of the interior or   ii. directly by the secretary of the interior in states without approved programs.
153.	Historic building map: The map of Lynchburg indicating certain structures as historic buildings.
154.	Historic district: A geographically defined area consisting of public and/or private property within the City, possessing a significant concentration, linkage, or continuity of sites, buildings or structures, areas of unique architectural value, landmarks or encompassing parcels of contiguous land united by past events or aesthetically by plan or physical development. A district may also comprise individual buildings or structures separated geographically but linked by association or history. A historic district shall further mean an area designated by City Council as a historic district pursuant to the criteria established in (d)(1) of this ordinance. The historic district overlay zone defines the area in which the requirements of the historic districts ordinance shall apply. The historic district overlay zone shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land lying in the historic district overlay zone shall also lie within one or more of the other zoning districts provided by this ordinance.
155.	Home occupation: An accessory use which: 1. Is clearly incidental to or secondary to the residential use of a dwelling unit. 2. Is customarily and traditionally carried on within a dwelling unit by one or more occupants of such dwelling unit, except that, in connection with the practice of a profession, one person not residing in such dwelling unit may be employed. 3. Occupies not more than 25 percent of the total floor area of such dwelling unit, and in no event more than 500 square feet of floor area.
156.	Home owners' or property owners' association: An incorporated, nonprofit organization operating under recorded land agreements through which (a) each lot and/or property owner in a planned unit or other described land area is automatically a member; and (b) each lot is automatically subject to a charge for a proportionate share of the expenses for the home association's activities, such as common property maintenance.
157.	Horizontal surface: An imaginary horizontal plane, whose design standards are referenced in section 35.2-57.3 above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
158.	Hospitals: An institution receiving in-patients and rendering medical, surgical, and/or obstetrical care to private and charity patients, and usually including research and training activities. This shall include general hospitals and institutions in which service is limited to special fields, such as cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin and cancer, tuberculosis, chronic disease and obstetrics. Hospital patients generally require intensive care for periods generally not exceeding several months.
159.	Hotel: A building or part thereof containing five or more guest rooms, without kitchens, where lodging is provided for compensation, excluding a fraternity or sorority house, a school or college dormitory, or a tourist home.
160.	Household: The occupants of a single dwelling unit, which shall not exceed three unrelated individuals unless otherwise permitted by this Zoning Ordinance.
161.	Identification sign: A sign that is permanently attached to or painted on a building and contains only the building name. (Example, the "Allied Arts" Building.) Identification signs shall not be included in the maximum permissible sign area of the district in which it is located.
162.	Illegal use: Any use, whether of a building or other structure or of a tract of land, in which a violation of any provision of the Zoning Ordinance has been committed or shall exist.
163.	Illuminated sign: A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
164.	Industrial district: Includes the I-1, I-2 and I-3 zoning districts.
165.	Institutional district: Any district whose designation begins with the letters IN".
166.	Inflatable item: Any item that is capable of being expanded by air, water or other means that exceeds 24 inches in diameter, used to advertise a business, service, product, goods, special promotion, activity or event.
167.	Inventory, historic: The inventory of historic landmarks, buildings and structures as prepared by the board of historic and architectural review.
168.	Junk yard: The use of any space, whether inside or outside a building, for the abandonment, storage, keeping, collection, disassembling or bailing of paper, rags, scrap metal, or other scrap or discarded materials, or for the abandonment, demolition, dismantling, or salvaging of automobiles or other vehicles or machinery or parts thereof; provided, that this definition shall not apply to any such use conducted solely as an accessory use and occupying not more than 100 square feet of the area of any lot other than any portion of that half thereof that adjoins any street.
169.	Kennel: Any building, enclosure, structure, establishment and/or land where dogs, cats, household pets or any other domestic animals are sheltered, fed or watered, groomed, shown, trained, bred, boarded and exercised, cared for or sold for either commercial gain or in exchange for a fee.
170.	Land Use Development Pattern or Development Pattern: One or more uses arranged to create a specific type of development that are defined in Article VIII of this ordinance and that may be allowed by right or conditional use permit pursuant to LBCS classifications 9950 et. seq.
171.	Land with minor improvements: For purposes of the City's floodplain regulations, a tract of land which: 1. Does not include any building or other structure. 2. Includes a building or other structure with a floor area of less than 400 square feet.
172.	Landscape island: An area containing a shade tree and other required landscaping not less than 108 square feet for a parking row or 216 square feet for a parking bay.
173.	Large deciduous tree. A large deciduous tree shall be of a species having an average minimum mature crown spread of greater than 30 feet. A minimum caliper of at least two and one-half inches at the time of planting shall be required.
174.	Large farm animal. An animal with an adult weight of 50 pounds or more that may be kept for agricultural purposes, including, but not limited to horses, cattle, goats, llamas, alpacas, ostriches, emus, ponies and bison, but not including dogs.
175.	Large scale retail establishment: retail establishments having a cumulative gross floor area of 75,000 square feet or greater in floor area, whether such gross floor area is contained entirely within a freestanding building or is within two or more buildings, whether located on a single lot or contiguous lots owned or operated as associated, integrated or cooperative business enterprises.
176.	Level of Service (LOS): A scale that measures the amount of traffic that a roadway or intersection can effectively and efficiently accommodate, based on such factors as volume, capacity, queues and delay. LOS is graded on a scale of A through F, where LOS-A is free-flowing traffic and LOS-F is a condition where traffic flow is unstable and excessive delay and queuing is expected.
177.	Limited Access Highway or Freeway: A public highway to which access is forbidden except at interchanges with other public highways and, in some cases, at specially designed facilities providing automobile, restaurant and other similar services to motorists using the highway.
178.	Limited time: A period of time assumed to be not more than one year unless otherwise specified by the Zoning Ordinance or development approval.
179.	Loading berth: A space measuring at least ten feet wide by 35 feet long that is used for the loading or unloading of vehicles.
180.	Local street: A public street not classified as a freeway, arterial or collector street under the definitions in this section.
181.	Lodging house: See Boardinghouse.
182.	Logo: Any emblem used as the symbol of an organization, or residential or nonresidential community. A logo may include a graphic, text, or both.
183.	Lot: 1. A lot of record existing on the effective date of the Zoning Ordinance or any applicable subsequent amendment thereto. 2. A tract of land, either unsubdivided or consisting of two or more contiguous lots of record, located within a single block which on the effective date of the Zoning Ordinance or any applicable amendment thereto was in single ownership or control. 3. A tract of land located within a single block, which at the time of filing for a Building Permit (or, if no Building Permit is required, at the time of filing for a Certificate of Occupancy), is designated by its owner or developers as a tract all of which is to be used, developed or built upon as a unit under single ownership or control.
184.	Lot area per dwelling unit: That portion of the lot area required for each dwelling unit located on a zoning lot.
185.	Lot area: The area of a lot; provided, that if that lot includes any part of the area of a street closed subsequent to the effective date of the Zoning Ordinance, not more than one-half the area of such closed street shall be counted as lot area for purposes of determining the maximum floor area ratio or the required lot area per dwelling unit or lot area per room for such zoning lot.
186.	Lot, corner: Either a lot bounded by streets on two or more sides or a lot in which the interior angle formed by the extensions of the street lines in the directions which they take at their intersections with lot lines other than street lines forms an angle of 135 degrees or less.
187.	Lot coverage: See Coverage, lot.
188.	Lot depth: See Depth of lot.
189.	Lot, interior: Any lot neither a corner lot nor a through lot.
190.	Lot line, front: A street line determined by the Zoning Administrator to be the front of the lot based on prevailing lot patterns and lot dimensions.
191.	Lot line, rear: The lot line, opposite or furthest from the front lot line. For triangular lots, the rear lot line shall be the lot line that does not follow a street right-of-way.
192.	Lot line, side: Any lot line that is not a front lot line or a rear lot line.
193.	Lot line: A boundary of a lot.
194.	Lot of record: A lot which is part of a subdivision recorded in the office of the City clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
195.	Lot width: The horizontal distance between the side lot lines of a zoning lot at the building line.
196.	Lot, through: Any lot, not a corner lot, which adjoins two streets that are parallel or within 45degrees of being parallel to each other.
197.	Low explosives: Substances that deflagrate (burn) rather than detonate (explode). These are primarily used as propellants. The cut-off speed between high and low explosives is 3,300 fps (feet per second). An example of a low explosive is black powder. High explosives are designed to shatter (brisance) rather than push. Detonation velocities for high explosives range from 3,300 fps to 29,900 fps. Blasting caps, dynamite, TNT, plastic explosives, binaries and blasting agents are examples of high explosives.
198.	Lowest floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of Federal Code 44CFR §60.3.
199.	Lumen per Square Foot: a measure of illuminance equal to one foot-candle
200.	Lynchburg commercial historic districts design review guidelines: A publication adopted by City Council, that gives detailed guidance to property owners of the commercial historic districts who are contemplating changes or additions to their building or property; and assists the historic preservation commission by providing them with minimum standards to guide their decision making. All future editions of the commercial guidelines document and all amendments thereto are automatically adopted and incorporated into the City code.
201.	Lynchburg residential historic districts design review guidelines: A publication adopted by City Council, that gives detailed guidance to property owners of the residential historic districts who are contemplating changes or additions to their building or property; and assists the historic preservation commission by providing them with minimum standards to guide their decision making. All future editions of the residential guidelines document and all amendments thereto are automatically adopted and incorporated into the City code.
202.	Mansard roof: A roof having two slopes on all sides with the lower slope steeper than the upper one
203.	Manufactured home: 1. A structure, transportable in one or more sections that is certified as complying with HUD's "Manufactured Home Construction and Safety Standards," which is built after 1978 on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. d2. For floodplain management purposes the term "manufactured home" also includes mobile homes, park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.
204.	Manufactured home park or subdivision: A parcel (or contiguous parcels) of land divided into two or more manufactured home spaces or lots for rent or sale.
205.	Market for agricultural products: A market selling produce, or other edible products made from and entirely processed on the site of an agricultural operation.
206.	Medical or dental clinics: Any building or group of buildings occupied by two or more medical or dental practitioners for the purpose of providing health services to people on an out-patient basis.
207.	Medical practitioner: A licensed physician, dentist, osteopath, chiropractor, chiropodist (podiatrist). psychologist or optometrist (but not optician).
208.	Medium shrubs. Shrubs and hedge forms having a minimum height of at least two feet at the time of planting.
209.	Metes and bounds: The specific boundaries of an area as measured between geographical points.
210.	Minor map amendment: A change in the official Zoning Map that is not included in the definition of comprehensive Zoning Map amendment.
211.	Mobile food cart: A mobile food establishment that is up to ten feet long and five feet wide and is designed to be pushed by hand or pedaled.
212.	Mobile food trailer: A mobile food establishment that is less than 20 feet long by eight feet wide and is designed to be towed behind a vehicle and capable of vending foods without being connected to another vehicle.
213.	Mobile food truck: A self-propelled food establishment that is up to 26 feet long and eight feet wide.
214.	Mobile Food Vehicle: A Food Establishment that is located upon a vehicle including cars, trucks, carts, motorcycles and bicycles, or which is pulled by a vehicle, where food or beverage is cooked, prepared, or served for individual portion service. This definition includes but is not limited to: mobile food kitchens, pushcart vendors, bicycle cart vendors, mobile food trucks, canteen trucks, and coffee trucks.
215.	Mobile Home: A structure built on a permanent chassis that is designed for use with or without a permanent foundation that does not comply with the HUD's Manufactured Home Construction standards or that was built prior to 1978.
216.	Modified sign: A sign that is allowed to deviate from the standards set forth in the Zoning Ordinance pursuant to a certificate of appropriateness issued by the historic preservation commission.
217.	Modular home or industrialized building: A prefabricated homes or industrialized buildings that consist of one or more sections that do not have axles or frames and typically are transported to their site by means of flat-bed trucks.
218.	Monument sign: A permanent structure built on-grade in which the sign and the structure are an integral part of one another, not a pole(s) mounted sign.
219.	Motel or tourist cabin: A building or group of buildings containing ten or more guest rooms or suites designed or intended to be used, let or hired out which: 1. Contain living or sleeping accommodations used primarily for transient occupancy. 2. Have individual entrances from outside the building to serve each such living or sleeping unit.
220.	Mulch: A protective covering, usually of organic matter placed around plants to prevent evaporation, root freezing and weed growth.
221.	Mural: A painting, fresco, or mosaic applied to a wall for the sole purposes of decoration or artistic expression. A mural is not considered a sign unless it includes words or graphics that advertise the products or service of any entity.
222.	Naturalized planting area: Any area planted for bio-retention containing native or indigenous species that mimics local natural surroundings and is allowed to grow undisturbed. Naturalized planting areas require minimal maintenance.
223.	Neighborhood norm: A measure of the average or typical setbacks along two opposing block faces or for three abutting lots (see Section 35.2-61.3(f))
224.	Neon tubing: A vacuum tight transparent tube not exceeding one inch in diameter containing, but not limited to neon, argon, helium, xenon, or krypton that produces light when connected to an electrical current.
225.	New construction: 1. Any construction within a historic district that is independent and exclusive of an existing building or structure or part thereof in the historic district. 2. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the City.
226.	Non-conforming use: any preexisting structure or object of natural growth that is inconsistent with the provisions of this section or any amendment to this section.
227.	Non-contributing property: A property so designated on the inventory map of historic districts and properties which are adopted as a part of this ordinance, being generally those properties which by reason of age, condition, amount of alterations, form, materials, architectural details and relation to surrounding properties do not contribute favorably to the general character of the part of the historic district in which they are located.
228.	Nonconforming: Any lawful use, whether of a building or other structure or of a tract of land, which does not conform to the applicable use regulations of the district in which it is located, either on the effective date of the Zoning Ordinance, or as a result of any subsequent amendment thereto. A nonconforming use shall result from failure to conform to the applicable district regulations on either permitted uses or performance standards. However, no existing use shall be deemed nonconforming solely because of any of the following: 1. The existence of less than the required accessory off-street parking spaces or loading berths. 2. The existence of nonconforming accessory signs.
229.	Normal business hours: means those hours during which most businesses in the community are open to serve customers, which shall be considered from 8:00 a.m. to 6:00 p.m. unless otherwise specified herein.
230.	Nursing homes: Rest homes and convalescent homes devoted primarily to the maintenance and operation of residential facilities for the treatment and care of any persons suffering from illnesses, diseases, deformities or injuries not requiring the intensive care that is normally provided by hospitals, but do require care in excess of room and board and who need medical, nursing, convalescent or chronic care. Institutions primarily for the treatment and care of mental patients, alcoholics or drug addicts, and facilities serving less than four persons shall not, for the purpose of the Zoning Ordinance, be considered to be a nursing home. (See also Medical clinics, Hospitals and Sanatorium).
231.	Obstruction: 1. For purposes of floodplain regulations, any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across or projecting into any channel, watercourse or flood hazard area which may impede, retard or change the direction of flow of water, either in itself or by catching or collecting debris carried by such water or that is placed where the flow of water might carry the same downstream to the damage of life or property. 2. For purposes of airport overlay zoning, any structure, or other object, including a mobile object, which exceeds a limiting height, or penetrates any surface or zone floor, set forth in section 35.2-57.4.
232.	Off-site directional sign: A sign that directs traffic to a site other than the site on which the sign is located.
233.	Off-street loading berth: A space for temporarily parking vehicles for loading or unloading that measures at least 30 feet in length by 12 feet wide and having at least 14 feet of clearance.
234.	Official Zoning Map: That map dividing the City into specific zones or districts.
235.	One hundred year flood (base flood): A flood that has one (1) chance in 100 or a one percent chance of being equaled or exceeded in any given year.
236.	Open Space: Any land or area, the preservation of which would: conserve and enhance scenic resources, protect streams, promote conservation of soils or provide for passive or active recreational space. Open spaces may include plaza areas, provided they contain a landscaped component. Required setback areas may be included in the computation of required open space.
237.	Opinion sign: A sign which does not advertise products, goods, businesses, or services, and which expresses an opinion or other point of view.
238.	Ornamental tree: Deciduous tree that grows to a mature height of less than 30 feet with flowering or other distinguishing characteristics.
239.	Outdoor storage: 1. For residential properties, anything that is not normally found in residential yards and on porches, including, but not limited to indoor furniture, construction materials, auto parts, appliances and the clutter of various personal items, inoperable vehicles or stacks of containers in plain view. Equipment regularly used for lawn maintenance, outdoor furniture, children's toys, bicycles and neatly stacked firewood are not generally considered to be outdoor storage, however an excess of those items, or equipment in disrepair may be considered illegal outdoor storage. 2. For non-residential and mixed-use properties, the outdoor storage includes the storage of goods, materials, inoperable vehicles, appliances or other materials that are not a specifically authorized outdoor display.
240.	Outparcel: A parcel located on the outside perimeter of a commercial development fronting a right of way.
241.	Owner: means any person with fee simple title to any plot of land within the City who desires to develop, construct, build, modify, or erect a tower upon such land.
242.	Parapet wall: A wall that extends above the top of a flat roof or flat portion of a roof.
243.	Parcel: is considered to be that plot of land described by property lines. When multiple parcels are owned and used by the same party, the grouping may be considered to constitute the parcel.
244.	Parking area, off-street: An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto. In general, there shall be an average of at least 300 square feet of parking area per parking space and the required number of usable parking spaces.
245.	Parking bay: Two parking rows abutting one another or separated by ten feet or less.
246.	Parking garages: A building occupied by a public, community, commercial or private establishment providing space for the temporary storage of six or more automobiles and other vehicles, where service or repair facilities are not permitted. A parking garage shall not be considered an accessory use, nor shall it be used for the storage of dismantled or wrecked motor vehicles, parts thereof, or junk, nor shall the sale of automobiles or trailers take place within it unless otherwise permitted by the Zoning Ordinance.
247.	Parking lot: An open lot serving the functions defined above for a parking garage.
248.	Parking row: One single line of parking spaces.
249.	Parking space: 1. An off-street space available for the parking of one motor vehicle on a transient basis and having a minimum width of nine feet and an area of not less than 162 square feet, exclusive of passageways and driveways appurtenant thereto and having direct usable access to the street. 2. An on-street space available for the parking of one motor vehicle on a transient basis, having a minimum width of nine feet and an area of not less than 162 square feet.
250.	Pedestrian facility: A sidewalk, walking path, bike path or transit/shuttle stop.
251.	Pennant: Any lightweight plastic, fabric or other similar material, whether or not containing copy suspended from a rope, wire, or string, usually in series, designed to move in the wind.
252.	Permanent sign: Any sign attached to the ground or any structure, intended to exist for the life of the structure or use, and which cannot be removed without involving any structural or support changes.
253.	Permeable or Porous: Capable of allowing water to be conducted through a material, as in permeable surfaces such as grass or soils and porous pavement.
254.	Person: Except as provided in section 35.2-60.2(e) a person is any natural person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not for profit.
255.	Phasing Plan: A plan for the development in more than one stage or phase in accordance with section 35.2-11.4.
256.	Planned unit development or PUD: A multiple-unit residential development of at least five acres arranged in harmony with purposes, provisions and procedures for the planned unit development.
257.	Pole mounted sign: A sign that is mounted on one or more freestanding poles or similar supports.
258.	Political sign: A temporary sign promoting the candidacy of a person running for a governmental office or promoting a position on an issue to be voted on at a government election.
259.	Porch: an area elevated above grade that adjoins an entry to a building that may be covered or open.
260.	Portable sign: A sign which is movable without involving any structural or support changes, not permanently attached to the ground, a structure or any other sign not an integral part of a building to which it is accessory. This category includes, but is not limited to, an A-frame sign, a sign attached to or placed on a vehicle, which is used primarily for the purpose of display, and similar devices used to attract attention. This shall not include bumper stickers or identification signs directly applied to or painted on vehicles identifying the owner of the vehicle, a business name, logo or emblem.
261.	Preservation: Any activity designed to prevent deterioration or destruction of a structure, a group of structures, or an area or a district.
262.	Primary surface: An imaginary surface, whose design standards are referenced in section 35.2-57.3 longitudinally centered on an airport runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.
263.	Private recreational facilities: A facility such as a swimming pool, tennis court or basketball court which is an accessory use located on a residential lot, the use of which is restricted to the occupants of the principal use and guests for whom no admission or membership fees are charged.
264.	Programmed: For the purposes of the Zoning Ordinance, the word "programmed" shall refer to a public facility which has been formally scheduled for construction within the following ten years. Such formal scheduling may be in terms of an approved capital improvements program, an officially adopted thoroughfare, public utilities or community facilities plan specifying the approximate date of construction of the facility, or a similar official plan or program.
265.	Projecting sign: A sign that is attached to and projects at an angle and extends more than 15 inches from the face of the wall of a building.
266.	Property ownership: For purposes of the occupancy requirements of this ordinance, the owner who resides on the loot shall be: a. An individual who owns at least a 50 percent interest in the lot by deeded title and who resides on the lot as his or her primary residence; or b. An individual who owns at least a 50 percent interest in a corporation, a limited liability company, or a similar legal entity that owns a 100 percent interest in the lot by deeded title and who resides on the lot as his or her primary residence; or c. An individual who is a beneficiary of a trust that owns a 100 percent interest in the lot by deeded title and who resides on the lot as his or her primary residence.
267.	Public utility: A public utility is an activity, or a building housing such an activity, which operates to serve the community as a whole, or a portion of the community, which is publicly run or subject to special government controls and which is overseen by the State Corporation Commission.
268.	Public: Any land, structure or building owned, used or maintained by the City government, or a regional authority of which the City is a member, or their agencies.
269.	Radio frequency engineer: means a professional engineer licensed by the Commonwealth of Virginia with appropriate documented expertise in radio frequency engineering.
270.	Raising: Providing vertical clearance under tree canopy by using appropriate pruning techniques.
271.	Re-facing: The replacement of a sign face, regardless of change in copy, of equal size to the original, without altering the sign box, sign frame or sign structure.
272.	Reach: Longitudinal segments of a river or stream, which will be affected by the placement of an obstruction in a floodway or floodway fringe.
273.	Real estate sign: A temporary sign used to offer property for sale, lease, rent and/or development or to advertise an open house.
274.	Reconstruction: Any activity designed to rebuild entirely, or partially, a structure.
275.	Recreation facility, active: A field, court building or other structure designed for a specific range of sports or other physical activities, including but not limited to ball fields, tennis courts, swimming pools, gyms and other indoor athletic facilities and playground equipment.
276.	Recreation facility, passive: An open field, woods, trail or other public open space that may be used for a wide range of activities, including, but not limited to hiking, biking, picnicking or playing a variety of different sports. Passive recreation facilities may include picnic tables, water fountains and surfaced trails, but do not include buildings or structures devoted to limited ranges of sports activities.
277.	Recreational vehicle: A vehicle which is: 1. built on a single chassis; 2. Four hundred square feet or less when measured at the largest horizontal projection; 3. designed to be self-propelled or permanently towable by a light duty truck; and, 4. designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational camping, travel or seasonal use.
278.	Regulatory flood protection level: That level delineated by the one hundred year flood.
279.	Rehabilitation: Any activity designed to place a structure into a usable condition with or without architectural change.
280.	Religious Institution: A church, synagogue, temple, mosque, convent, monastery or other place of worship
281.	Related People: Related individuals include people who are related by blood, are married to each other or are in a substantially similar relationship, and children under their care.
282.	Renovation: Any activity relating to the updating and/or the modernization of an older structure involving architectural change.
283.	Repairs in like material and like design: Any work or all work involving the replacement of existing material with equivalent material for the purpose of maintenance, but not including any addition, change or modification in construction design.
284.	Residence: 1. A building or part of a building containing dwelling units or rooming units, including single-household or two-household houses, multiple dwellings, boarding or rooming houses or apartment hotels. Residences do not include the following:  a. Such transient accommodations as transient hotels, motels, tourist cabins or trailer courts.  b. Dormitories, fraternity or sorority houses, monasteries or convents.  c. In a mixed building, that part of the building used for any nonresidential uses, except accessory to residential uses. 2. For the purposes of determining setback and/or height requirements for IN-1 District, a residence shall not include any properties owned, leased, or used by the institution regardless of zoning or land use.
285.	Residence, single-household: A building containing only one (1) dwelling unit.
286.	Residential: Pertaining to one or more residences.
287.	Residential district: Any district whose designation begins with the letter "R".
288.	Residential Street: any local City street where the majority of land use on one or both sides of the street within the block is residential.
289.	Restoration: Any or all work connected with the returning to or restoring of a building, or part of any building, to its original condition through the use of original or nearly original materials.
290.	Retail establishment: A commercial enterprise that provides a combination of goods and/or services directly to the consumer, where the principal use is providing goods that are available for immediate small quantity purchase and removal from the premises by the purchaser.
291.	Riding stable: Any zoning lot used or designed for the boarding, breeding or care of horses or ponies, other than for farming or agricultural purposes, either with or without instruction in riding.
292.	Riprap: A permanent, large, loose angular stone generally used for erosion and sediment control in concentrated high velocity flow areas.
293.	Roof sign: A sign installed or constructed upon or above a roof.
294.	Rooming house: A dwelling consisting of on single building in which, for compensation, lodging or meals, or both, are furnished to transient or non-transient guests. A rooming house shall not be deemed a home occupation.
295.	Runway: A specified area on an airport prepared for landing and takeoff of aircraft.
296.	Sanitary or solid waste management facility, private: A sanitary or solid waste management facility that is not a public sanitary or solid waste management facility, and which is owned and operated by a private entity for the purpose of handling sanitary or solid waste generated only by such private entity.
297.	Sanitary or solid waste management facility, public: A sanitary or solid waste management facility owned or operated by or on behalf of the City of Lynchburg or a regional solid waste management authority of which the City of Lynchburg is a member.
298.	Sanitary or solid waste management facility: Any facility or zoning lot used for: (i) the disposal of solid waste materials by abandonment, discarding, dumping, reduction, burial, incineration or any other means, including accessory uses such as recycling, cogeneration, and methane recovery, or (ii) a transfer station for solid waste storage or collection at which solid waste is transferred from collection vehicles to haulage vehicles, including but not limited to trucks, trains, and tandem trailers, for transportation to a central solid waste management facility for disposal or resource recovery. This definition does not include transportable waste receptacles of commercial solid waste generated by establishments engaged in business operations other than manufacturing. This category includes, but is not limited to, solid waste resulting from the operation of stores, markets, office buildings, restaurants, shopping centers, motels, hotels, multiple residences, picnic grounds and day-use recreation areas. This definition also does not include recycling bins.
299.	School: An institution, including kindergartens providing full-time day instruction and a course of study that meets the requirements of the laws of the State of Virginia.
300.	Screening: A method of visually shielding or obscuring items such as a structure, receptacle, parking area, equipment, or stormwater management pond by densely planted landscaping, or a combination of landscaping, berms, solid fences and/or walls.
301.	Service station: See Automobile service station.
302.	Setback: See building line.
303.	Shade tree: Deciduous tree that grows to be more than thirty (30) feet at maturity and planted chiefly to provide shade from sunlight.
304.	Shallow flooding area: A special flood hazard area with the base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
305.	Short Term Rental: The primary, accessory or secondary use of a residential dwelling unit or a portion thereof by the owner or a host to provide room or space that is intended to be occupied for a period of fewer than 30 consecutive days.
306.	Shrub, large: A shrub with a minimum height of three feet at planting.
307.	Shrub medium: A shrub with a minimum height of two feet at planting.
308.	Shrub small: A shrub with a minimum height of one foot at planting.
309.	Shrub: A woody plant deciduous or evergreen that generally exhibits several erect, spreading stems with a bushy appearance growing to a height of no more than 15 feet.
310.	Sign base: The area below any writing, pictorial representation, emblem or any other figure of similar character on a sign face. This shall include solid bases, poles, supports, uprights, skirts and/or enclosures.
311.	Sign box: A structure that encloses the sign face(s) and any internal illumination.
312.	Sign face: The area or display surface used for the message, not including the sign frame or sign structure.
313.	Sign frame: The enclosure and/or embellishment that surround the sign face.
314.	Sign structure: An assembly of material used to support a sign face and/or sign frame.
315.	Sign: Any writing (including letter, word or numeral), pictorial representation (including illustration or decoration), emblem (including device, symbol, logo, or trademark) or any other figure or graphic of similar character for the purpose of communicating information to the public which is: 1. Attached to or painted on a structure, or in any other manner represented on a building, other structure or motor vehicle; 2. Used to announce, direct attention to, or advertise; 3. Visible from the outside of a building. A sign shall include writing, pictorial representation, emblem or any other figure of similar character within a building when located less than twelve inches away from the inside face of an exterior window pane; and 4. Accessory to the permitted uses in the zoning district.
316.	Slope: The deviation of a surface from the horizontal.
317.	Solid waste: Any discarded material, including, but not limited to, garbage, trash, refuse, junk, debris, leaves, brush, land clearing debris, demolition materials, ash, sludge, spoil, used or waste oil, and machinery or vehicles or parts thereof.
318.	Stable, riding: See Riding stable.
319.	Standard project flood limit (SPFL): That portion of land inside the floodplain that would be required to carry 40 percent to 60 percent of the maximum probable flood, and normally could be expected to occur at a 500-year frequency.
320.	Start of construction: The date the Building Permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of the property accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
321.	State: means the Commonwealth of Virginia.
322.	Stealth: means any tower or telecommunications facility that is designed to blend into the surrounding environment through the use of camouflage or other appropriate landscaping or construction techniques.
323.	Story: That part of a building between the surface of a floor (whether or not counted for purposes of computing floor area ratio) and the ceiling immediately above. However, a cellar is not a story.
324.	Streamer: Any long narrow strip of cloth, paper, plastic or other material.
325.	Street line: A line defining the edge of a street right-of-way and separating the street from abutting property or lots. If, on the master plan of streets and highways duly adopted by the City, a street is scheduled for future widening, the proposed right-of-way line shown on the master plan shall be the street line.
326.	Street width: The distance between street lines, measured at right angles to the center line of the street.
327.	Street, center line of: A line established as a center line of a street by any state, City or other official agency or governing body having jurisdiction thereof and shown as such on an officially adopted or legally recorded map. If there is no official center line of a street, the center line shall be a line lying midway between the street or right-of-way lines thereof. Where street lines are indeterminate and a pavement or a traveled way exists, the center line shall be established by the City Engineer or, in the absence of a determination by the department of public works, shall be assumed to be a line midway between the edges of such pavement or traveled way.
328.	Street: A street, highway, avenue, lane, marginal access street, service drive, alley, bridge, viaduct, or any segment thereof, lying within a public right-of-way at least 20 feet in width.
329.	Structural engineer: means a structural engineer licensed by the Commonwealth of Virginia.
330.	Structure: 1. Any object, including a mobile object, constructed or installed by any person, including but not limited to buildings, towers, cranes, smokestacks, earth formations, poles and electric lines of overhead transmission routes, and flag poles. 2. For purposes of floodplain regulation, anything constructed, set, placed or erected on the ground or attached to the ground including, but not limited to, buildings, factories, sheds, cabins, manufactured homes and other similar items which shall be anchored and floodproofed within the floodplain.
331.	Subdivision: The division of any tract or parcel of land, including frontage along an existing street or highway, into two or more zoning lots; or any improvement of land by two or more principal buildings for the purpose, whether immediate or future, of building development for rental, lease or sale, which may include changes in street or lot lines; provided, however, that this definition of a subdivision shall not include the divisions of land into ten acres or more for agricultural uses.
332.	Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damaged occurred.
333.	Substantial improvement: 1. For purposes of the historic district, any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either:  a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or  b. Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure. 2. For purposes of floodplain regulation:  a. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:   i. before the improvement or repair is started; or   ii. if the structure has been damaged, and is being restored, before the damage occurred.  b. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:   i. any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or   ii. any alteration of a structure listed on the national register of historic places or a state inventory of historic places.  c. The repair, reconstruction or improvement of the streets, utilities and pads in a manufactured home park or manufactured home subdivision which equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced.
334.	Surface area of sign: The entire area of the sign within a single continuous perimeter including the extreme limits of writing, pictorial representation, emblem, figure, graphic, or any figure of similar character. The sign base, box, frame, and/or structure shall not be considered the surface area of a sign unless there is writing or internal illumination on such sign components. For the purpose of computing, the surface area of a double-faced sign or a V-type sign shall be considered a single structure; provided, that the interior angle of the V-type sign does not exceed 45 degrees.
335.	Swimming pool, commercial: A swimming pool and/or wading pool, including buildings necessary or incidental thereto, open to the general public and operated for profit.
336.	Swimming pool, community: A swimming pool and/or wading pool, including buildings necessary or incidental thereto, operated by members of more than two families for the benefit of such group and not open to the general public, whether incorporated or unincorporated, whether organized as a club or cooperative or association, providing that it is not organized for profit and that the right to use said pool is restricted to such families and their guests. A swimming pool and/or wading pool operated as part of a multiple dwelling is also a community swimming pool, providing that it is not operated for profit, and that the right to use said pool is restricted to tenants of the multiple dwelling and their guests.
337.	Swimming pool, private: See private recreational facilities.
338.	Telecommunications facilities: means any cables, wires, lines, wave guides, antennas, and any other equipment associated with the transmission or reception of communications (other than radio or television broadcast communications) which a person seeks to locate or has installed upon or near a tower or antenna support structure. The term telecommunications facilities shall not include: 1. Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial; or 2. Any satellite earth station antenna one meter or less in diameter, regardless of zoning category; or 3. Any federally-licensed amateur radio station operators.
339.	Temporary sign: A sign designed or intended to be displayed for a limited period of time as indicated in the Zoning Ordinance.
340.	Thrift store: A store selling used items, particularly clothing for the benefit of a charitable organization.
341.	Topping: An inappropriate practice of making heading cuts to plants through a stem more than two years old that drastically reduces tree height, destroys tree architecture and results in discoloration, decay of the cut stem, or death of the tree.
342.	Tourist home or bed and breakfast: A dwelling, occupied as such, in which sleeping accommodations in less than six rooms with not more than four persons per room are provided or offered for transient guests for compensation, under the management of the occupants of that dwelling for dwelling purposes. A tourist home or bed and breakfast shall not be deemed a home occupation.
343.	Tower owner: means the person that owns or controls a telecommunications tower.
344.	Tower: means a self-supporting lattice, guyed, or monopole structure constructed from grade that supports telecommunications facilities. The term tower shall not include amateur radio operators' equipment, as licensed by the FCC.
345.	Townhouse: One of a series of from three to nine attached dwelling units separated from one another by common vertical walls with no openings; provided, that the maximum density permitted hereunder shall not be exceeded.
346.	Trailer: A residence, house car, camp car or any portable or mobile vehicle on wheels, skids or rollers, not structurally anchored to a foundation, either self-propelled or propelled by an attached vehicle, animal, person or other propelling apparatus, which is used or may be used for residential, commercial, recreational, hauling or storage purposes.
347.	Transitional surfaces: Imaginary surfaces for airport operations, whose design standards are referenced in section 35.2-57.3 which extend outward perpendicular to the runway centerline sloping from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.
348.	Tree, small deciduous: A small deciduous tree shall be of a species having an average minimum mature crown spread of greater than 12 feet. A minimum caliper of at least one and three-fourths inches at the time of planting shall be required.
349.	Unified and coordinated building mounted signs: Signs that are similar in construction technique, but not including font, or color.
350.	Unified Ownership or Control: The interest in title to a unit of land legally or beneficially held or controlled by one or more individual persons or entities related by a common business organization or other type of organization, as indicated by the fact that all land abutting such unit is owned or controlled by persons or entities who do not differ to any extent in identity or interest held.
351.	Use, accessory: See accessory use.
352.	Use: 1. Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied. 2. Any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a tract of land. 3. The term "permitted use," or its equivalent, shall not be deemed to include any nonconforming use.
353.	Utility line, distribution: A utility line that has the primary purpose of distributing services within easements or rights of way and connecting to service utility lines.
354.	Utility line, service: A utility line providing a connection between a utility distribution line and the end user.
355.	Utility line, transmission: A utility line intended to convey high capacities of services through the community and between communities from the source of the services (treatment or generation plant) to a substation connecting to the distribution system.
356.	Wall plane projections: An architectural feature or wall jutting out at least three feet from the primary plane of a building wall.
357.	Water feature: A stormwater management structural measure such as a stormwater retention pond, bio-retention, forebay, or landscape garden pond that is wet permanently or intermittently during rain events and contains landscaping that is hydric or water tolerant.
358.	Water surface profiles: The elevations in relation to the mean sea level expected to be reached by floods of various magnitudes and frequencies at pertinent points along a stream.
359.	Watercourse: A lake, river, creek, stream, wash, channel or other topographic feature on or over which water flows at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
360.	Window sign: A sign attached to, applied directly to, or located within 12 inches from a door or window.
361.	Yard Sale: Permitted in Zoning Districts used for residential purposes provided the following is adhered to: 1. A total of two sales permitted per calendar year per street address. 2. A sale shall not exceed two consecutive days. 3. Sale shall consist primarily of those personal items accumulated and used by the occupant of the premises. 4. There shall be a minimum interval of four months between sales. 5. One sign not exceeding three square feet in area will be permitted on premises the day of the sale and shall be promptly removed at end of each sale day. 6. Signs advertising a sale are prohibited on street right-of-ways. 7. Permitted sale shall not create adverse conditions such as noise, nor impede pedestrian or vehicular traffic.
362.	Yard, front: The area between the front lot line and the front of the building and extending from the front corners of the building to the side property lines.
363.	Yard, rear: An area between the rear of the building and the rear property line and extending from the rear corners of the building to the side property lines.
364.	Yard, side: The area between the side of a building and the side property lines
365.	Zone, airport: For purposes of the airport overlay district, all areas, generally described in three dimensions by reference to ground elevation, vertical distances from the ground elevation, horizontal distances from the runway centerline and the primary and horizontal surfaces, with the zone floor set at specific vertical limits by the surfaces.
366.	Zoning district: The base or overlay zoning designation assigned to each parcel of land within the City of Lynchburg.
367.	Zoning maps: Maps designating the adopted base and overlay zoning district designations for each parcel of land within the City of Lynchburg.

 

( Ord. No. O-19-040 , § 1, 10-8-19)

( Ord. No. O-19-040 , § 1, 10-8-19)