Sec. 35.1-11.8. Terms beginning with "G" through "K."
Terms used in the zoning ordinance, when defined in this section, shall have the following meaning:
(a) Garden apartment units: Group multiple dwellings consisting of more than one (1) main building containing more than one (1) unit per building for single-family occupancy.
(b) Gasoline station: See Section 35.1-11.2, Automobile service station.
(c) Grade: The intersection of the ground with a wall of a building after all earth movement is completed on a project.
(d) 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 (4) 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 (4) 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. Facilities for day care for adults or children shall adhere to Section 35.1-54, Care Centers, of the zoning ordinance.
However, a residential facility in which no more than eight (8) 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 family. 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 state code. 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 (1990, c.814).
A residential facility, in which no more than four (4) 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 family. 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.
(e) Guest: Any person hiring and occupying a room for sleeping purposes.
(f) Height of building: See Section 35.1-11.3, Building, height of.
(g) 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.
(h) Historic building map: The map of Lynchburg indicating certain structures as historic buildings.
(i) 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 (1) or more occupants of such dwelling unit, except that, in connection with the practice of a profession, one (1) person not residing in such dwelling unit may be employed.
(3) Occupies not more than twenty-five (25) per cent of the total floor area of such dwelling unit, and in no event more than five hundred (500) square feet of floor area.
(j) Homes association: An incorporated, nonprofit organization operating under recorded land agreements through which (a) each lot and/or homeowner 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.
(k) 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. (See also Section 35.1-11.10, Nursing Home, and Section 35.1-11.12, Sanatorium.)
(l) Hotel: A building or part thereof containing five (5) 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 as defined in Section 35.1-11.13.
(m) 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.
(n) Industrial district: Any district whose designation begins with the letter "I".
(o) Inventory: The inventory of historic landmarks, buildings and structures as prepared by the board of historic and architectural review.
(p) 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 one hundred (100) square feet of the area of any lot other than any portion of that half thereof that adjoins any street.
(q) 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. (Ord. No. O-90-047, 2-13-90; Ord. No. O-91-168, 7-9-91; Ord. No. O-92-365, 12-8-92; Ord. No. O-95-053, 3-14-95; Ord. No. O-05-110, 9-13-05; Ord. No. O-13-020, 2-12-13)
Last updated date: 04/12/13 04:02 PM