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DEFINITION OF TERMS USED IN THIS ORDINANCE
301. GeneralExcept as otherwise provided herein, all words shall have the customary dictionary meaning. The present tense includes the future tense. The singular number includes the plural and the plural includes the singular. The word "person" includes a firm, corporation, association, organization, trust, or partnership. The word "lot" includes "plot" or "parcel". The word "building" includes "structure". The word "shall" is always mandatory. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied".
302. Specific DefinitionsWhen used in this Ordinance the following words and phrases shall have the meaning given in this Section:
302.2 Alley. A plotted service way providing a secondary means of access to abutting properties.
302.3 Amphitheater. An uncovered, non-enclosed outdoor arena, with tiered seating, usually recessed into a hillside, for the purpose of allowing groups of people to view and hear performances, speeches or other similar public displays. [Amended 8/10/98]
302.4 Animal or poultry husbandry. Any keeping, boarding, breeding, or raising of any number of horses, goats, sheep, poultry or other customary farm animal for any purpose.
302.5 Apartment. A unit in multi-family dwelling providing a dwelling for a single family in which separate access to the outside may or may not be provided.
302.6 Apartment Development. One or more multi-family dwellings containing apartments, with accessory parking, open space, recreational and management facilities.
302.7 Auction. A public sale at which property or goods are sold to the highest bidder.
302.8 Auditorium. A covered and enclosed space, typically with fixed seating arranged for viewing a stage, for the purpose of allowing groups of people to view and hear musical or theatrical performances, speeches or other similar public displays. [Amended 8/10/98]
302.9 Automobile Graveyard. See junkyard.
302.10 Automobile Service Station. Any area of land, including structures thereon, used for the retail sale of gasoline or oil, automobile accessories, and incidental services including facilities for lubricating, hand washing and cleaning, or otherwise servicing automobiles but excluding painting, major repair, or automatic washing.
302.11 Banquet Room. A room for a conference or ceremonious meal, often honoring people or events, including anniversaries, reunions and meetings only, for which complete meals are generally catered or occasionally prepared on the premises, not serving the general public. [Amended 8/10/98]
302.12 Base-Flood/One-Hundred Year Flood. A flood that, on the average, is likely to occur once every 100 years (i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in any year). [Amended 5/28/91]
302.13 Base Flood Elevation (BE). The Federal Emergency Management Agency designated 100-year water surface elevation. [Amended 11/10/92]
302.14 Bed and Breakfast Lodging. A dwelling containing a maximum of five (5) room accommodations for tourists, wherein a charge is normally paid for sleeping and breakfast accommodations not exceeding a stay of fifteen (15) consecutive days, and not to be operated for rehabilitation, welfare or other similar purposes, and where no more than four meals a week are served to not more than 14 people other than overnight patrons.
302.15 Board. The Board of Zoning Appeals of the City of Bedford, Virginia.
302.16 Boarding House (Rooming House). A building or part thereof, other than a hotel, motel, or restaurant where meals and/or lodging are provided for compensation for five (5) to twenty (20) persons; where no cooking or dining facilities are provided in individual rooms; and which has an outside appearance of a single family dwelling. The term boarding house also includes tourist and lodging house.
302.17 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.
302.18 Building Accessory. A subordinate building detached from, but located on the same lot as the main building, the use of which is incidental and accessory to that of the main building or use.
302.19 Building Code. The Virginia Uniform Statewide Building Code, as amended and/or adopted by the Council.
302.20 Building, Height of. The vertical distance from the grade to the top of the highest room beams of a flat roof, or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street front.
302.21 Building, Main. A building in which is conducted the main use of the lot on which said building is situated.
302.22 Building Official or Inspector. The building official or inspector appointed by the City Manager to administer and enforce the provisions of the Building Code, or his designated representative or agent.
302.23 Cemetery. A place where lots are sold for the burial of the dead..
302.24 Chapel. A non-denominational, non-congregational facility for individual or small group worship that may offer temporary or occasional religious services. [Amended 8/10/98]
302.25 Child Care Center. A facility operated for the purpose of providing care, protection, and guidance to a group of children separated from their parents or guardians during part of the day only, and meeting the licensing requirements for child care centers of Section 63.1-196 of the Code of Virginia, 1950, as amended.
302.26 City. The City of Bedford, Virginia.
302.27 City Engineer. The Engineering Representative of the City of Bedford, Virginia.
302.28 City Manager. The City Manager of the City of Bedford, Virginia.
302.29 Clerk. The Clerk of the Circuit Court having jurisdiction in the City of Bedford, Virginia.
302.30 Clerk of the Board. The Clerk of the Board of Zoning Appeals of the City of Bedford, whose responsibilities include signing the official minutes of Zoning Board meetings, and issuing copies of minutes when requested.
302.31 Clinic. A facility for diagnosis and treatment of outpatients; or a group practice in which several physicians work cooperatively. The term does not include veterinary services.
302.32 Club, Private. An establishment operated for the social, educational or recreational benefit of the members thereof in which no enterprise is conducted, except for the convenience of the members thereof and their guests.
302.33 Commission. The City of Bedford Planning Commission.
302.34 Conditional Use. A use that may be permitted in a district after review by the Council as provided for in Section 501.02, and which may be subject to conditions set by the Council as appropriate in each individual case.
302.35 Condominium. See Dwelling, Condominium.
302.36 Council. The City Council of the City of Bedford, Virginia.
302.37 Crisis Center. A residential facility providing temporary protective sanctuary and special accommodations for victims of crime or abuse including emergency transitional housing during crisis intervention for individuals such as battered spouses or children in need of services, but not including "group homes" as defined by Virginia Code Section 15.2-2291. [Amended 3/25/08]
302.38 Cul-de-sac. A circular turning area at the end of a dead end street.
302.39 Culvert. Any pipe or structure designed to transport surface water under a roadway.
302.40 Dance Halls. Any place open to the general public where dancing is permitted, in accordance with City ordinances.
302.41 Day Care. See Child Care Center and Family Day Care Home.
302.42 Development. Any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, drilling operations or storage of equipment or materials. [Amended 5/28/92]
302.43 District. A section of the City of Bedford within which the zoning regulations are uniform.
302.44 Driveway. Any entryway, public, or private, for the principal purpose of providing vehicular access to a property.
302.45 Dwelling. Any building or portion thereof which is designed for or used for residential purposes.
302.46 Dwelling, Condominium. An individually owned unit in a multi-unit structure or complex of structures such as an apartment, duplex, or townhouse.
302.47 Dwelling, Multi-Family. A building designed for or occupied exclusively by three (3) or more families living independently of each other and including condominiums of similar physical appearance, character, and structure.
302.48 Dwelling, Single-Family. A building designed for or occupied exclusively by one (1) family and designed to the Council of American Building Officials (CABO), one and two-family construction or the Virginia Uniform Statewide Building Code, Use Group R-4. [Amended 11/10/92]
302.49 Dwelling, Two-Family (Duplex). A building designed for or occupied exclusively by two (2) families living independently of each other and designed to the Council of American Building Officials (CABO), one and two-family construction or the Virginia Uniform Statewide Building Code, Use Group R-4. [Amended 11/10/92]
302.50 Easement. A grant by a property owner of the use of land for a specific purpose or purposes by the general public, a corporation, or a certain person or persons.
302.51 Engineer. An individual technically and legally qualified to practice the profession of engineering, licensed by the Commonwealth of Virginia.
302.52 Engineer, Resident. Regional resident engineer for the Virginia Department of Transportation (VDOT).
302.53 Family. One (1) or more persons, but not more than three (3) unrelated persons occupying a dwelling and living as a single housekeeping unit, as distinguished from persons occupying a boarding house, lodging house, or hotel, as herein defined.
302.54 Family Day Care Home. Any private family home in which more than three (3) children are received for care, protection, and guidance during only part of the day, except children who are related by blood or marriage to the person who maintains the home, and meeting applicable licensing requirements for family day care homes of Section 63.1-196 of the Code of Virginia.
b. The collapse or subsidence 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 a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in (a) of this definition. [Amended 5/28/01]
302.57 Flood Plain.
b. An area subject to the unusual and rapid accumulation or runoff of surface waters from any source. [Amended 5/28/91]
302.58 Flood-Prone Area. Any land area susceptible to being inundated by water from any source. [Amended 5/28/91]
302.59 Flood Proofing. A combination of structural and non-structural provisions, changes, or adjustments to properties and structures subject to flooding required for construction in the Flood Hazard District by the Virginia Uniform Statewide Building Code.
302.60 Floodway. The designated area of the floodplain required to carry and discharge flood waters of a given magnitude. For the purpose of this ordinance, the floodway shall be capable of accommodating a flood of the one hundred (100)-year magnitude. [Amended 11/10/92]
302.61 Flood Area. The sum of the gross horizontal areas of the total number of floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings, but not including the attic space providing headroom of less than seven (7) feet; unstable basement or cellar space not used for retailing; uncovered steps or fire escapes; open porches; accessory water or cooling towers; accessory off-street loading berths.
302.62 Gardening. Any use of land unenclosed except for fencing for the raising of grass, flowers, vegetables, crops, trees, or other botanical objects of natural growth, but not including accessory structures used for the same purpose.
302.63 Group Home. Any full-time child-caring institution operated by any person at any place other than in an individual's family home or residence which does not care for more than twelve (12) children, meeting the licensing requirements of Section 63.1-196 of the Code of Virginia, 1950, as amended.
302.64 Health Department. The Bedford County Health Department or its designated agent or representative.
302.65 Highway Engineer. See City Engineer
302.66 Historic Structure. Any structure that is:
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 of 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:
2. Directly by the Secretary of the Interior in states without approved programs. [Amended 5/28/92]
302.67 Home for Adults. Any place, establishment or institution, including day care centers for adults, operated to provide for care of four (4) or more adults who are aged, infirmed, or disabled, except any facility or portion of a facility licensed by the State Hospital Board or the State Board of Health and the home of an individual who cares for only persons related to him by blood or marriage, and meeting applicable licensing requirements of Section 63.1-175 of the Code of Virginia, 1950, as amended.
302.68 Home Occupation. An occupation for gain or support conducted only by members of a family residing on the premises and entirely within the main dwelling.
302.69 Hospital. An institution rendering medical, surgical, obstetrical, or convalescent care, including nursing homes, homes for the aged, and sanitariums, excluding any facility with which there is associated any security risk.
302.70 Hotel. A building in which lodging, or board and lodging, are provided for more than five (5) persons and offered to the public for compensation and in which ingress and egress for each sleeping room is generally made through the interior of the building and does not generally have the outward appearance of a single-family dwelling.
302.71 Industrialized Building. A combination of one or more sections or modules subject to state regulations and including the necessary electrical, plumbing, heating, ventilating and other service systems manufactured off-site and transported to the point of use for installation or erection with or without other specified components to comprise a finished building. Manufactured homes defined and certified under the provisions of the National Manufactured Housing Construction and Safety Standards Act shall not be considered industrialized buildings for the purpose of this law. Also, see Modular Housing. [Amended 11/10/92]
302.72 Institutional Building. A building owned, occupied, and used by institutions of a civic, religious, charitable, educational, or philanthropic nature.
302.73 Junk Yard (Automobile Wrecking Yard). A lot, land or structure or part thereof, used primarily for the collecting, storage, and sale of wastepaper, rags, scrap metal, or discarded material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, or for the sale of parts thereof.
302.74 Land Use Plan. The Land Use Plan of the City of Bedford, as approved by Council.
302.75 Kennel. Any location where five (5) or more licensed dogs are raised, groomed and/or cared for.
302.76 Laundromat. A building or part thereof where clothes or other household articles are washed or dry cleaned in self-service machines with a capacity for washing not exceeding twenty pounds dry weight and where such washed clothes and articles may also be dried, or ironed and no delivery service is provided in connection therewith.
302.77 Loading Space. A space within the main building or on the same lot, providing for the standing, loading, or unloading of trucks and other carriers.
302.78 Lot. A measured portion or parcel of land separated from other portions or parcels by description in a site plan or a recorded plat, or by metes and bounds, intended to be a unit for the purpose, whether immediate or future, of transfer of ownership, or of development or separate use. The term applies to units of land whether in a subdivision or a development.
302.79 Lot, Corner. A lot abutting upon two (2) or more streets at their intersection.
302.80 Lot Coverage. The ratio of the horizontally projected area of the main and accessory buildings on a lot to the total area of the lot (footprint), except where otherwise defined herein.
302.81 Lot Depth. The average horizontal distance between the front and rear lot lines.
302.82 Lot, Interior. Any lot other than a corner lot.
302.83 Lot Line. The boundary of a lot. The front lot line separates the lot from the street right-of-way. On a corner lot, the front lot line shall be deemed to be along the shorter dimension of the lot. Where the dimensions are equal, the front shall be on that street on which a predominance of the other lots in the block front. The lot line opposite the front lot line is designated the rear lot line. Any other lot lines are deemed to be side lot lines.
302.84 Lot of Record. A lot or parcel of land whose existence, location, and dimensions have been recorded in the office of the Clerk of the Circuit Court of the County of Bedford.
302.85 Lot, Through or Double Frontage. A lot having a frontage on two (2) streets as distinguished from a corner lot.
302.86 Lot, Width. The average horizontal distance between side property lot lines measured at the setback.
302.87 Main Use. The primary purpose for which land or a building is used.
302.88 Manufactured Home. (Mobile homes built after 1976) A structure subject to Federal Regulations, which is transportable in one or more sections; is eight feet or more in width and forty body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single family dwelling, with or without a permanent foundation when connected to the required facilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. This structure is not constructed to meet the Industrialized Building Code, Council of American Building Officials, Virginia Uniform Statewide Building Code Use Group R-4. [Amended 5/28/91]
302.89 Final Master Plan of Development. A Master Plan of Development that has been approved by City Council. [Amended 8/10/98]
302.90 Memorial Park. A place designed as a park-like setting to provide space and facilities where people can visit and/or gather to honor groups or individuals or major historic or cultural events. Such uses may include monuments, displays, and other interpretative features. [Amended 8/10/98]
302.91 Mobile Home. A factory assembled structure or structures equipped with the necessary service connections and made to be readily movable as a unit or units on its (their) own running gear and designed to be used as a dwelling unit without a permanent foundation and built before 1976. (Also see Manufactured Home, Modular Home and Industrialized Building) This unit does not meet the requirements of the Council of American Building Officials (CABO) or the Virginia Uniform Statewide Building Code Use Group R-4. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the manufactured home placed thereon will be moved from time to time at the convenience of the owner. [Amended 11/10/92]
302.92 Mobile Home Development or Park. One (1) or more contiguous parcels of land in which two (2) or more lots are provided for mobile homes.
302.93 Mobile Home Stand. That part of the mobile home lot reserved for the placement of a mobile home.
302.94 Modular Home. A structure constructed to meet the State requirements of an Industrialized Building, Virginia Uniform Statewide Building Code Use Group R-4, and Council of American Building Officials (not a mobile home or manufactured home).[Amended 11/10/92]
302.95 Monument. A non-habitable structure, typically of stone or other natural materials, that honors the memory of a defined group or individual and/or a historic or culturally significant event. [Amended 8/10/98]
302.96 Motel. A building or a group of buildings containing sleeping accommodations for rental primarily to automobile transients and in which ingress and egress to and from each sleeping room is generally to the outside of the building.
302.97 New Construction. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial Flood Insurance Rate Map (FIRM) or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. 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 a community and includes any subsequent improvements to such structures. [Amended 5/28/91]
302.98 Nonconforming Lot. An otherwise legally platted lot that does not conform to the minimum area or width requirements of this Ordinance for the district in which it is located either at the effective date of this Ordinance or as a result of subsequent amendments to the Ordinance.
302.99 Nonconforming Structure. An otherwise legal building or structure that does not conform with the lot area, yard, height, lot coverage, or other area regulations of this Ordinance, or is designed or intended for a use that does not conform to the use regulations of this Ordinance, for the district in which it is located, either at the effective date of this Ordinance or as subsequent amendments of this Ordinance.
302.100 Nonconforming Use. The otherwise legal use of a building or structure or tract of land that does not conform to the use regulations of this Ordinance for the district in which it is located, either at the effective date of this Ordinance or as a result of subsequent amendments to this Ordinance.
302.101 Nursery or Greenhouse, non-commercial. An area and/or translucent structure used for growing plant materials for use on site, but not for commercial sale or distribution. [Amended 8/10/98]
302.102 Open Space. An outdoor area being open, unoccupied and unobstructed by buildings from ground to sky, which is not used for or occupied by a driveway, off-street parking, loading space, refuse storage space, or similar accessory uses and structures.
302.103 Overlook. An uncovered area on which pedestrians may gather to enjoy scenic vistas of the surrounding landscape. [Amended 8/10/98]
302.104 Owner. The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a building. [Amended 11/10/92]
302.105 Parks, Playgrounds, and Outdoor Recreation Areas. Land publicly or privately owned, devoted to recreational pursuits, usually an open area reserved for outdoor activities such as play, hiking, exercise, or competitive sport, not requiring structures for habitation.
302.106 Pavilion. A covered but non-enclosed structure, for the purpose of temporary or occasional group gatherings for, meetings, receptions, ceremonies, speeches and similar purposes, but not for concerts or theatrical productions. [Amended 8/10/98]
302.107 Master Plan of Development. A plan showing how a site shall be developed, including the extent, location, characteristics, materials, and dimensions of all features required by the regulations of this ordinance. [Amended 8/10/98]
302.108 Plat. The schematic representation of land divided or to be divided, including easements, boundaries, right of ways and other related information.
302.109 Preliminary Master Plan of Development. A Master Plan of Development that is being proposed for approval by City Council. [Amended 8/10/98]
302.110 Private. Not owned or operated by the City of Bedford. [Amended 11/10/92]
302.111 Professional. When used in connection with "use" and "occupancy", a use or occupancy by persons generally engaged in rendering personal, executive, sales, or administrative services or activities, including accountants, architects, professional engineers and land surveyors, doctors, lawyers, insurance offices, real estate offices, religious organizations, stockbrokers, and administrative agencies considered professional in character. The term, however, does not include repairs on sales of tangible personal property stored or located within the structure nor any use, which would create any loud noises or noxious odors.
302.112 Promenade. A ceremonial walkway or driveway, characterized in part by ornamental landscaping and design, leading to and from a monument, overlook, significant natural or cultural feature, or other commemorative place or facility.
302.113 Public. Owned or operated by The City of Bedford. [Amended 11/10/92]
302.114 Public Water and Sewage Disposal. The water and sewage disposal systems owned and operated by the City of Bedford.
302.115 Ramada. A structure erected over a mobile home for the purpose of providing shade or shelter.
302.116 Recreation Vehicle. A vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. [Amended 5/28/91]
302.117 Recycling Bins. Recycling bin operations shall be located in industrial or business districts in an area no larger than five thousand (5,000) square feet or at public-owned sites including school or recreation sites for the collection of recyclable materials. The operation of the recycling bins and the materials allowed to be collected, shall be under the supervision of the Director of Community Services, and the location of the recycling bins shall be approved by the City. The definition does not include recycling containers, which are used on site by a private entity for the purpose of storing recyclable waste materials generated only by such private entity. [Amended 11/10/92]
302.118 Recycling Facilities. A facility that recycles contained non-hazardous materials, items, or materials, etc., with a change in inventory of at least 75% annually. [Amended 11/10/92]
302.119 Residential Use. Any place, building or establishment used in whole or in part as a dwelling, or used for the care, protection, or guidance of any persons during any part of the day, including but not limited to, hospitals, schools, single-family and multi-family dwellings, mobile homes, child care centers, family day care homes, group homes, homes for adults, colleges, and correctional institutions.
302.120 Restaurant. Any building, in which, for compensation, food or beverages are dispensed for consumption on the premises, including cafes, tea rooms, confectionery shops, or refreshment stands.
302.121 Restaurant, Drive-In. An eating and/or drinking establishment which caters to customers in motor driven vehicles where the person being served may consume his food and/or drink while sitting in a motor-driven vehicle, as opposed to a restaurant serving exclusively inside.
302.122 Right-of-Way. Access over or across particularly described property for a specific purpose or purposes.
302.123 Right-of-Way Line. The dividing line between a lot, tract, or parcel of land and contiguous street, railroad, or public utility right-of-way.
302.124 Sanitary or Solid Waste Management Facility. Any facility or zoning lot used for: (a) the disposal of solid waste materials by abandonment, discarding, dumping, reduction, burial, incineration or any other means, including accessory uses such as recycling, co-generation, and methane recovery, or (b) 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 recreatior areas. This definition also does not include recycling bins. [Amended 11/10/92]
302.125 Sanitary or Solid Waste Management, 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 solid waste generated only by such private entity. [Amended 11/10/92]
302.126 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 Bedford or a regional solid waste management authority of which the City of Bedford is a member. [Amended 11/10/92]
302.127 Setback Line. A line generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground.
302.128 Sign. Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or marks, or combinations thereof, by which anything is made known, such as the designation of an individual, a firm, an association, a profession, a business, a commodity, product, or service, which are visible from any public way and used as an outdoor display. [Amended 4/10/01]
302.129 Sign Area. The smallest square, rectangle, triangle, circle, or combination thereof encompassing the entire advertising area, excluding architectural trim and structural supports.
302.130 Sign, Awning. A sign that is attached or applied to the surface of an awning. [Amended 4/10/01]
302.131 Sign, Banner. Any sign made of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. [Amended 4/10/01]
302.132 Sign, Business. A sign painted, electrical, or otherwise, erected for the purpose of conveying information, knowledge, or ideas to the public about a subject related to the premises upon which said sign is located. [Amended 4/10/01]
302.133 Sign, Canopy. A sign that is attached or applied to the surface of a canopy. [Amended 4/10/01]
302.134 Sign, Changeable Message or Copy. A sign or part thereof designed so that characters, letters, or illustrations can be changed or rearranged without altering the face or surface of the sign. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" sign and not a changeable copy sign for purposes of this Ordinance. [Amended 4/10/01]
302.135 Sign, Directional. A sign indicating only the name and direction of a business, firm or activity.
302.136 Sign, Directory. A sign indicating the names and locations of occupants or the use of a building or group of buildings. [Amended 4/10/01]
302.137 Sign, Face. The part of the sign used to identify, advertise, or communicate information, or used for visual representation that attracts the attention of the public for any purpose. Sign face includes any background material, panel, trim, or color that differentiates that sign from the building, structure, backdrop, surface, or object upon, or against which it is placed. [Amended 4/10/01]
302.138 Sign, Flashing. A sign used for identification, direction, advertising or promotion that includes lights that flash, blink, or turn on and off intermittently. [Amended 4/10/01]
302.139 Sign, Freestanding. A sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure. A freestanding sign is also know as a ground-mounted or pole sign. [Amended 4/10/01]
302.140 Sign, Ground. A display sign supported by uprights or braces in or upon the ground surface.
302.141 Sign, Identification. A sign that displays only the address and name or crest, insignia or trademark, occupation or profession of an occupant or the name of any building on the premises. [Amended 4/10/01]
302.142 Sign, Illuminated. A sign illuminated in any manner by an artificial light source, whether internally or externally lit. [Amended 4/10/01]
302.143 Sign, Institutional Bulletin Board. A sign containing a surface upon which is displayed the name of a religious institution, school library, community center,or similar institutional or community service use, and the announcement of its services or activities. [Amended 4/10/01]
302.144 Sign, Marquee. A sign attached to and made a part of a marquee or any other similar projection from a building. A marquee is a permanent structure, constructed with a steel frame or other sturdy material, projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection against the weather and to support a superimposed sign structure. [Amended 4/10/014]
302.145 Sign, Message Board. An erasable blackboard or white metal board sign intended to serve customers already on the premises through identification of products or services available, such as a menu. This type of sign is not intended to attract attention from off the premises, except for establishments located adjacent to a public sidewalk, which may direct such message boards at pedestrian traffic only. [Amended 4/10/01]
302.146 Sign, Monument. A structure built on-grade in which the sign and the sign structure are an integral part of one another; not a pole sign.[Amended 4/10/01]
302.147 Sign, Off-Premises. A sign that directs attention to a business, establishment, commodity, service, attraction or activity conducted, manufactured, sold or offered at a location other than the premises on which the sign is located; includes outdoor advertising signs or billboards. [Amended 4/10/01]
302.148 Sign, Outdoor Advertising. A structural poster panel or painted sign, either freestanding or attached to a building, for the purpose of conveying information, knowledge, or ideas to the public about a subject unrelated to the premises upon which it is located.
302.149 Sign, Portable. A sign designed or intended to be relocated from time to time, whether or not it is permanently attached to a building or structure, or is located on the ground. The term includes signs on wheels or portable structures, such as tent signs, A-frame, or T-shaped signs, message board signs, airborne or balloon signs, signs attached to or placed on vehicles not used for the daily conduct of business, banners, and other similar devices used to attract attention. This does not include temporary signs authorized under this Ordinance. [Amended 4/10/01]
302.150 Sign, Projecting. A sign, other than a wall, awning, canopy or marquee sign, that is affixed to a building and is supported only by the wall on which it is mounted. [Amended 4/10/01]
302.151 Sign, Roof. A sign erected or constructed, in whole or in part, upon or above the highest point of a building with a flat roof, or the lowest portion of a roof for any building with a pitched roof. [Amended 4/10/01]
302.152 Sign Structure. Any structure that supports, has supported, or is capable of supporting a sign located on the ground or on another structure. [Amended 4/10/01]
302.153 Sign Structure Facing. The surface of the sign upon, against, or through which the message of the sign is exhibited, not including architectural trim and structural supports.
302.154 Sign, Temporary. A sign, banner or other advertising device constructed of cloth, canvas, fabric, paper, or other light, temporary material with or without a structural frame, intended for a limited period of display; including decorative displays for holidays or public demonstrations. [Amended 4/10/01]
302.155 Sign, Wall. A sign erected parallel to and extending not more than twelve (12) inches from the facade of any building to which it is attached, and supported throughout its entire length by the building face. This type of sign is also known as a flat sign or wall-mounted sign. [Amended 4/10/01]
302.156 Sign, Window. Any sign placed inside a window or applied to a window that is visible from the exterior of the window. A window sign may be temporary or permanent. A permanent window sign is permanently painted or affixed either to the inside or outside surface of the window. [Amended 4/10/01]
302.157 Site Plan. The proposal for a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities, landscaping, and such other information as is required in applicable Sections of this Ordinance.
302.158 Snack Bar. (including vending type snack bar) A facility with limited seating, used for the sale or distribution of beverages, sandwiches, snacks and other similar foods to patrons or employees of a site. [Amended 8/10/98]
302.159 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. [Amended 11/10/92]
302.160 Start of Construction. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, 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 streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building. [Amended 5/28/91]
302.161 Street. Any public thoroughfare, or any private thoroughfare providing access to two (2) or more lots, but not including driveways.
302.162 Street Centerline. A line generally parallel to the right-of-way lines that usually equally divides the street right-of-way. [Amended 5/28/91]
302.163 Street, Internal. A private street providing access to lots within a development, but not including driveways.
302.164 Structural Alteration. Any change in the supporting members of a building or structure, including bearing walls, partitions, columns, beams, girders or similar parts of a building or structure, and any substantial change in the roof of a building.
302.165 Subdivider. Any person owning a tract or parcel of land to be subdivided.
302.166 Subdivision. The partition or division of a parcel of land for the purposes, whether immediate or future, of transfer of ownership or building development, where the act of division creates two (2) or more lots of any size. The term includes condominiums, wherein the purchaser requires both ownership of the condominium units and ownership of an interest in common elements, and the re-subdivision of lots of record or vacated plats. The term shall apply either to the process of subdivision or the land subdivided, where appropriate.
302.167 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 damage occurred. [Amended 5/28/91]
302.168 Substantial Improvement. 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. This term includes structures, which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) any alteration of a "historic structure", provided that the alteration will not preclude the structures continued designation as a "historic structure." [Amended 5/28/91]
302.169 Surveyor. A land surveyor certified by the Commonwealth of Virginia.
302.170 Temporary Family Health Care Structure. An accessory use or building complaiant with §15.2-2292.1 of the Code of Virginia.
302.171 Tourist. One that makes a tour for pleasure or culture.
302.172 Townhouse. A unit in a multi-family dwelling providing a dwelling for a single family, in which separate access to the outside is usually provided, and in which the major orientation of the unit is usually vertical rather than horizontal; or any condominium unit of similar physical character, appearance, and structure.
302.173 Townhouse Development. One or more multifamily dwellings containing townhouses, with accessory parking, open space, recreational and management facilities.
302.174 Utilities. See Public Utilities or Private Utilities.
302.175 Veterinary Hospital. A structure or series of structures used for the treatment of diseases and injuries of animals by a veterinarian licensed by the Commonwealth of Virginia.
302.176 Watercourse. A definite channel with bed and banks within which water flows, either continuously or in season.
302.177 Yard. A space on the same lot with a main building, such space being open, unoccupied, and unobstructed by buildings from ground to sky except where encroachments and accessory buildings are expressly permitted.
302.178 Yard, Front. An open, unoccupied space on the same lot with the main building, extending the full width of the lot and situated between the right-of-way line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
302.179 Yard, Rear. An open space on the same lot with the main building, such space being unoccupied except possibly by an accessory building and extending the full width of the lot and situated between the rear line of the lot and the rear line of the main building projected to the side lines of the lot. On all corner lots the rear yard shall be opposite end of the lot from the front yard.
302.180 Yard Sale. A temporary sale in which used or home produced goods are sold from a private residence, its yard, driveway, or any ancillary structures on the property.
302.181 Yard, Side. An open, unoccupied space on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard shall be the front line of the lot and if no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot. On corner lots, the side yard shall be considered as parallel to the street upon which the lot has its greatest dimension.
302.182 Zoning Administrator. The Director of Planning & Community Development of the City of Bedford, or a representative designated by the Director of Planning & Community Development to administer this Ordinance.