[Amended 12-11-1991; 12-9-2009; 5-24-2017]
A.
The purpose of the rural area regulations is to preserve large, open
parcels of land, tree cover, scenic views, sensitive environmental
areas and prime agricultural and locally significant soils. The regulations
provide for a variation in lot size, at a density not to exceed one
unit per five acres. The varying lot size is permitted in order to
facilitate designs that blend in with the existing landscape and preserve
some larger tracts of undeveloped land in order to maintain the rural
character of the County, as well as provide a choice to home buyers.
B.
The regulations are intended to reduce environmental impacts, such
as soil erosion, by requiring development which is sensitive to the
existing features of the natural terrain and by reducing the amount
of clearing needed for roads. Diversity and originality in lot layout
are encouraged in order to achieve the best possible relationship
between the development and the land. Individual lots and streets
should be designed to minimize alteration of the natural site features,
relate positively to surrounding properties and protect the views
from surrounding areas. It is intended that by allowing flexibility
in the subdivision design, while at the same time requiring that environmental
concerns be addressed, a more attractive, environmentally sound and
economically viable development will result.
Structures and land shall be used for one of
the following uses:
A.
Agriculture, farming, dairies, animal husbandry, and
forestry.
[Amended 12-9-2009]
B.
Orchards, horticulture and the production of nursery
stock and products.
C.
Single-family dwellings.
D.
Mobile homes.
E.
Schools (without residential component).
[Amended 10-27-1999]
F.
Public parks and playgrounds.
G.
Churches.
H.
Home occupations (as defined).
[Amended 12-9-2009]
I.
Natural conservation areas.
J.
Winchester Airport.
K.
Group homes.
L.
Fire stations, companies and rescue squads.
M.
Frederick County sanitary landfill.
N.
Commercial and institutional cemeteries with or without
funeral homes or cemetery office complexes.
O.
Post offices.
P.
Radio and television towers and their accessory buildings.
Q.
Public utilities, except utility-scale solar power generating facilities.
[Amended 1-8-2020]
R.
Required off-street parking.
S.
Oil and natural gas exploration, provided that the
following requirements are met:
(1)
All requirements of the Code of Virginia, as
amended, and all applicable federal, state and local regulations shall
be met.
(2)
A site plan shall be reviewed and approved meeting
all requirements of the Frederick County Code.
(3)
Approval of the site plan and use shall be for
90 days, with subsequent renewals being approved by the Board of Supervisors.
[Amended 9-26-2012]
(4)
In order to begin extraction of the resource,
a rezoning to the EM Extractive Manufacturing Zoning District will
be required.
T.
Museums, parks or historic sites used for educational
or historic preservation purposes.
V.
(Reserved)[2]
[2]
Editor's Note: Former Subsection V, Signs allowed in § 165-201.06B, amended 2-13-2008, was repealed 5-10-2023.
X.
Poultry farms and hatcheries and egg production.
[Added 4-26-1995]
Y.
Fish hatcheries and fish production.
[Added 4-26-1995]
Z.
Hog farming. It shall be unlawful for any person to
have or maintain or to permit to be erected, in the County, any hog
pen that is located closer than 200 feet to a residence or an adjoining
property that is used for human habitation.
[Added 4-26-1995]
AA.
Government services office.
[Added 11-10-2004; amended 9-14-2005]
BB.
Residential subdivision identification signs.
[Added 2-13-2008]
CC.
Farm wineries.
[Added 12-9-2009]
DD.
Temporary family health care structure.
[Added 8-14-2013]
EE.
Farm breweries.
[Added 8-12-2015]
FF.
Farm distilleries.
[Added 8-12-2015]
GG.
Agritourism.
[Added 5-24-2017]
HH.
Commercial stables, equestrian facilities and commercial riding
facilities.
[Added 5-24-2017]
II.
Cut-your-own Christmas tree and evergreen tree.
[Added 5-24-2017]
JJ.
On-premises wayside stand, roadside stand, or wayside market,
accessory to a bona fide operating farm.
[Added 5-24-2017]
KK.
Blacksmith shops.
[Added 11-13-2019; amended 12-13-2023]
LL.
Farriers.
[Added 11-13-2019]
MM.
Horseshoeing.
[Added 11-13-2019]
NN.
Taxidermists.
[Added 11-13-2019]
OO.
Short-term lodging.
[Added 9-28-2022]
[Amended 8-8-1990; 12-9-1992; 4-26-1995; 1-27-1999; 10-27-1999; 8-24-2004; 12-9-2009; 11-10-2010; 6-13-2012; 5-24-2017; 7-12-2017; 9-13-2017; 11-13-2019]
The following uses of structures and land shall
be allowed only if a conditional use permit has been granted for the
use:
A.
Bed-and-breakfasts; farm stay.
B.
Off-premises farm markets and wayside stands.
C.
Country general stores without fuel sales.
D.
Antique shops.
E.
Restaurants without drive-through facilities, provided the following
conditions are met:
(1)
Restaurants shall have an approved drainfield; alternative waste
systems, including pump and hauls, are prohibited.
F.
Kennels.
G.
Auction houses.
H.
Campgrounds, tourist camps, recreation areas and resorts.
I.
Commercial outdoor recreation, athletic or park facilities, or country
clubs with or without banquet facilities.
J.
Sawmills and planing mills, Type B.
K.
Retailing or wholesaling of nursery stock and related
products.
L.
Landscape contracting businesses.
M.
Public garages, provided that the following conditions
are met:
N.
Sand, shale and clay mining, provided that the following
conditions are met:
(1)
All mining shall be above the mean, existing
grade level of a parcel of land.
(2)
All mining operations shall meet all applicable
requirements of state and federal agencies.
(3)
Such mining operations shall meet the landscaping
and screening requirements, supplementary regulations, height, area
and bulk regulations and site plan requirements contained in the EM
Extractive Manufacturing District regulations.
O.
Cottage occupations (as defined).
P.
Cottage
occupation signs.
Q.
Veterinary office, clinic or hospital, including livestock
services.
R.
Day-care facilities.
S.
Humanitarian aid organizational office.
T.
Schools (with residential component).
U.
Welding
repair.
[Amended 12-13-2023]
V.
Flea
markets, operated indoors or outdoors.
W.
Special event facility.
X.
Commercial shooting and archery ranges (indoor or outdoor).
Y.
Ice cream parlor or bakery.
Z.
Craft and gift shops.
AA.
Offices and clinics of doctors of medicine, dentists and other
health practitioners.
[Amended 12-13-2023]
BB.
Slaughterhouses.
CC.
Utility-scale solar power generating facilities.
[Added 1-8-2020]
DD.
Boat repair shop.
[Added 4-14-2021]
EE.
Agricultural supply cooperatives.
[Added 6-9-2021]
[Amended 12-11-1991; 12-9-2009]
A.
The maximum density permitted on any parcel or group
of parcels shall not exceed the equivalent of one unit per five acres
as determined by the size of the parent tract as it existed on December
11, 1991.
B.
Exception to permitted density. On lots containing between seven and 10 acres which were lots of record prior to December 11, 1991, lots of two or more acres may be created despite the density limit of one unit per five acres, provided that they meet the requirements of § 165-401.06B of this chapter.
[Amended 12-11-1991; 9-14-2011]
The minimum lot size for permitted uses shall be two acres, unless otherwise specified by § 165-204.26.
[Amended 8-8-1990; 12-11-1991]
The following types of lots shall be permitted:
A.
Traditional five-acre lots. On any parcel, lots of
five acres in size or greater shall be permitted.
B.
Family division lots. On any parcel which contained
seven acres or more prior to December 11, 1991, lots as small as two
acres may be created, provided that the following conditions are met:
[Amended 7-10-2002; 2-28-2007; 12-9-2009]
(1)
Lots are conveyed to members of the immediate
family of the owner of record of the parent tract. The conveyed lot(s)
shall remain with the family member for a period of five years from
the date of the creation of the family lot.
(2)
Only one such lot shall be permitted per immediate
family member.
(3)
One parcel of at least five acres in size shall
remain intact following the division.
C.
[2]Rural preservation lots.
(1)
Within the RA Rural Areas District, lots as
small as two acres shall be permitted on tracts over 20 acres in size,
subject to the following:
[Amended 10-13-1993]
(a)
Sixty percent or more of the parent tract shall
remain intact as a contiguous parcel (Rural Preservation Tract).
[Amended 2-28-2007; 12-9-2009]
(b)
This acreage must be designated prior to the
division of the fourth lot.
(c)
No future division of this designated Rural
Preservation Tract shall be permitted, other than for the widening
of existing VDOT road rights-of-way or public utility dedications,
unless all the following are met:
[Amended 2-28-2007; 7-10-2013; 6-22-2016]
[1]
The division results in an overall acreage increase to the Rural
Preservation Tract; and
[2]
Acreage added to the preservation tract may come from areas
internal or external to the rural preservation subdivision; and
[3]
Acreage from the preservation tract may not be adjusted into
parcels outside of the rural preservation subdivision; and
(2)
Exception to the Rural Preservation Tract. In
cases where excessive topography or other natural features of a site
create a situation where a higher quality subdivision design, resulting
in less physical and/or visual disruption, could be achieved by allowing
two residual parcels to be created, the Zoning Administrator may permit
the 60% to be made up of two parcels.
[Amended 2-28-2007; 12-9-2009; 9-26-2012]
(3)
Board of Supervisors waiver of division restriction.
[Amended 2-28-2007]
(a)
The designated Rural Preservation Tract may be released from the restrictions of Subsection C(1) after a period of 10 years from its creation through the rezoning process.
(b)
The rezoning shall be consistent with the goals
of the Frederick County Comprehensive Policy Plan in effect at the
time of the rezoning application.
(c)
The designated Rural Preservation Tract which
is within the Urban Development Area (UDA) at the time of its creation,
or is included within the UDA as a result of a future expansion of
the UDA, shall be eligible for rezoning at that point and shall not
be subject to the ten-year restriction on rezoning.
[2]
Editor's Note: Former Subsection C, Agricultural lots, was
repealed 12-9-2009. This ordinance also redesignated former Subsection
D as Subsection C.
[Amended 12-11-1991; 6-9-1993]
The following setback requirements shall apply
to all parcels within the RA Rural Areas Zoning District:
A.
Setbacks for all lots other than rural preservation
lots shall be as set out below.
[Amended 2-28-2007; 4-27-2011; 11-12-2015]
(1)
Front setbacks. The front setback for any principal
use or structure shall be 60 feet from the property line or right-of-way
of the street, road or ingress/egress easement.
[Amended 5-24-2017]
(2)
Side or rear setbacks. The minimum side or rear
setback for any principal use or structure shall be determined by
the primary use of the adjoining parcel as follows:
|
Adjoining Parcel Size
|
Setback
(Side and Rear)
(feet)
|
|---|---|
|
6 acres or less
|
50
|
|
More than 6 acres
|
100
|
|
Agricultural and Forestal District, 6 acres or less
|
50
|
|
Agricultural and Forestal District, more than 6 acres
|
200
|
|
Orchard (regardless of parcel size)
|
200
|
B.
Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165-401.07A(2) of this chapter.
(1)
Front setback. The front setback for any principal
use or structure shall be 60 feet from the right-of-way of any existing
state-maintained road and 45 feet from the right-of-way of any existing
private ingress/egress easement or state-maintained road constructed
to serve the subdivision.
[Amended 5-24-2017]
(2)
Side setback. No principal use or structure
shall be located closer than 15 feet from any side lot line.
(3)
Rear setback. No principal use or structure
shall be located closer than 40 feet from any rear lot line.
C.
[1]Accessory uses. The minimum setback for any accessory use
or structure shall be as follows:
[Added 5-24-2017]
(1)
From the edge of right-of-way of any public street or roadway owned
and maintained by VDOT: 60 feet.
(2)
From the edge of right-of-way of any private right-of-way or ingress/egress
easement: 45 feet.
(3)
From any side or rear property line: 15 feet.
[1]
Editor's Note: Former Subsection C, Board waiver, as amended
9-25-2002 and 3-28-2007, was repealed 3-13-2013.
D.
One
nonhabitable accessory structure that meets the minimum setbacks for
an accessory use may be located on a lot prior to the construction
of a principal structure. This accessory structure shall not be permitted
to contain any residential uses prior to the construction of the primary
structure on the lot and shall be a maximum of 650 square feet in
size.
[Added 1-9-2013; amended 5-24-2017]
[Amended 9-12-1990; 12-11-1991; 12-9-2009]
No structure shall exceed 35 feet in height.
