[Amended 11-13-1991]
Words and terms set forth below shall have the
meanings ascribed to them. Any word, term(s) or phrase used in this
Zoning Ordinance not defined below shall have the meaning ascribed
to such word, term or phrase in the most recent edition of Merriam-Webster's
Dictionary unless, in the opinion of the Zoning Administrator, established
customs or practices in Frederick County, Virginia justify a different
or additional meaning. Furthermore, for the purpose of this Zoning
Ordinance, certain words, terms and phrases are herein defined as
follows: [Amended 12-14-2005]
ABUT
To physically touch or border upon or to share a common property
line.
ACCESS
A way or means of vehicular or pedestrian approach to provide
physical entrance to a property.
ACCESSORY OR SECONDARY USE
A use of land or of a building or portion thereof customarily
associated with and incidental and subordinate to the principal use
of the land or building and located on the same lot with such principal
use. A secondary use shall be a use not already permitted by right
in a zoning district but may be permitted in conjunction with a permitted
use.
[Amended 9-23-2009]
ACTIVE DISTANCE BUFFER
A distance buffer which contains no building or principal
structure of activity but which may contain an accessory use or activity.
ADDITION
A structure added to the original structure at some time
after the completion of the original.
ADJACENT OR ADJOINING LOT OR LAND
A lot or parcel of land which shares all or part of a common
lot line with another lot or parcel or land or which is immediately
across a street or road from said parcel or lot.
ADULT CARE RESIDENCES
A public or private establishment operated or maintained
for the maintenance or care of four or more adults who are aged, infirm
or disabled and who are cared for in a primarily residential setting.
Adult care residences do not include facilities or portions of a facility
licensed by the State Board of Health or the Virginia Department of
Behavioral Health and Developmental Services; and the home or residence
of an individual who cares for or maintains only persons related to
him by blood or marriage; and a facility or portion of a facility
serving infirm or disabled persons between the ages of 18 and 21.
[Added 2-26-1997; amended 7-23-2008; 4-24-2024]
ADULT RETAIL
A retail establishment for which 25% or more of its stock
in trade, as determined by floor area, is in videos, magazines, books,
publications, tapes, films or other periodicals and paraphernalia
which are distinguished or characterized by an emphasis on depicting
or describing specified sexual conduct or specified anatomical areas.
[Added 8-13-1997]
AGE-RESTRICTED
Housing intended for and occupied by older persons (as defined
in § 36-96.7 of the Code of Virginia, 1950, as amended).
The housing must include the publication of, and adherence to, policies
and procedures which demonstrate an intent by the owner(s) and manager(s)
to provide housing for older persons.
[Added 8-9-2000; amended 12-10-2008]
AGRICULTURAL SUPPLY COOPERATIVES
An agricultural cooperative association, organized under
Article 2 of Chapter 3 of Title 13.1 of the Code of Virginia, that
is primarily engaged in the retail or wholesale distribution of livestock
and animal feed, fertilizers, agricultural chemicals, pesticides,
seeds, and other agricultural products or services.
[Added 6-9-2021]
AGRICULTURE and FARMING
Any of the following activities:
A.
Cultivating the soil or raising or harvesting
any agricultural or horticultural commodity on a farm, including the
raising, shearing, feeding, caring for, training and management of
animals.
B.
Handling, drying, packing, grading or storing
on a farm any agricultural or horticultural commodity in its unmanufactured
state but only if the owner, tenant or operator of the farm regularly
produces more than 1/2 of the commodity so treated.
C.
The proposal to develop or the actual development
of a forest either through planting or natural regeneration, or both,
or the actual maintenance of a forest by applying proven forest management
practices. Such land shall, at the time of consideration as forest
land, actually carry sufficient forest growth of suitable character
and so distributed to give reasonable assurance that a stand of merchantable
timber is developed therefrom.
AGRITOURISM
Any activity carried out on a farm or ranch that allows members
of the general public, for recreational, entertainment, or educational
purposes, to view or enjoy rural activities, including farming, wineries,
ranching, historical, cultural, harvest-your-own activities, or natural
activities and attractions. An activity is an agritourism activity
whether or not the participant paid to participate in the activity.
[Added 5-24-2017]
AIRPORT
Winchester Regional Airport.
AIRPORT ELEVATION
The highest point on any usable landing surface expressed
in feet above mean sea level.
AIRPORT HAZARD
Any man-made structure or object of natural growth located
on or in the vicinity of a public airport or any use of land near
such airport, which obstructs the airspace required for the flight
of aircraft in landing or takeoff at such airport or is otherwise
hazardous to such landing or takeoff of aircraft.
AISLE
The traveled way by which vehicles enter and depart parking
spaces.
ALTERATION
Any change in the total floor area, use or external appearance
of an existing structure.
AMBULANCE SERVICE
A state-licensed business for operating owned motor vehicles
that are designed and used to provide immediate care or to transport
any persons who are sick, injured or otherwise incapacitated or helpless.
APPROACH SURFACE
A surface longitudinally centered on the extended runway
center line, extending outward and upward from the end of the primary
surface and at the same slope as the approach zone height limitation.
In plan, the perimeter of the approach surface coincides with the
perimeter of the approach zone.
APPURTENANT OR ACCESSORY STRUCTURE
For floodplain management purposes, a nonresidential structure
which is on the same parcel of property as the principal structure
and the use of which is incidental to the use of the principal structure.
Accessory structures within the SFHA are not to exceed 600 square
feet.
[Added 1-13-2021]
ARTERIAL HIGHWAY
A street so classified by the Virginia Department of Highways
or by the standards of Frederick County which collects and distributes
traffic to and from collector streets.
ASSISTED-LIVING FACILITY
A building or series of buildings containing residential
living facilities for older, disabled or infirm persons and which
provides personal and health care services, twenty-four-hour supervision,
and various types of assistance (scheduled and unscheduled) in daily
living and meeting the requirements of § 63.2-1800 et seq.
of the Code of Virginia (1950), as amended.
[Added 7-23-2008]
AUCTION HOUSE
A building in which the commissioned public sales of goods
to the highest bidder, conducted by a licensed auctioneer for persons
or groups other than community nonprofit organizations, occur more
than once a year.
AUTOMOBILE GRAVEYARD
Any lot or parcel upon which more than five inoperable motor
vehicles which are exposed to the weather are placed, located or found.
AUTOMOBILE PARKING STRUCTURE
A building or structure consisting of more than one level
designed and used for public or private parking of motor vehicles.
[Added 9-12-2001]
BASE FLOOD
The flood having a one-percent chance of being equaled or
exceeded in any given year.
[Added 8-12-1992; amended 8-12-2009]
BASE FLOOD ELEVATION (BFE)
The water surface elevations of the base flood, that is,
the flood level that has a one-percent or greater chance of occurrence
in any given year. The water surface elevation of the base flood in
relation to the datum specified on the County’s Flood Insurance
Rate Map. For the purposes of this chapter, the base flood is the
one-percent annual chance flood.
[Added 8-12-1992; amended 8-12-2009; 4-23-2014]
BASEMENT
Any area of the building having its floor subgrade (below
ground level) on all sides.
[Added 8-12-2009]
BED-AND-BREAKFAST
An owner- or operator-occupied single-family detached dwellinq
unit which contains no more than one kitchen and 10 or fewer guest
rooms which are occupied for sleeping purposes by guests, other than
temporary personal guests of a family in a dwelling unit, for compensation,
with or without meals. A bed-and-breakfast may include banquet/event
facilities for private parties as an accessory use.
[Added 12-9-2009]
BEDROOM
A private room planned and intended for sleeping, separable
from other rooms by a door and accessible to a bathroom without crossing
another bedroom or living room.
BERM
A mound of earth utilized to separate and screen land uses.
[Added 9-12-2001]
BOARD OF ZONING APPEALS
A board whose members are appointed by the Circuit Court
for the express purpose of considering and acting on variances and
zoning appeals.
BOAT REPAIR SHOP
A structure, or portion thereof, designed for or used for
servicing, repair, or equipping boats, but not including boat sales.
[Added 4-14-2021]
BUFFER
An open area used to separate one use from another.
BUFFER, ROAD EFFICIENCY
A linear distance containing landscaping and an opaque element
that is intended to separate residential lots from interstate, limited
access, arterial and major collector road systems.
[Added 9-12-2001]
BUFFER, ROAD EFFICIENCY INACTIVE PORTION
A distance buffer which is located outside of a residential
lot that is required to contain all landscaping elements of a full-distance
buffer or all landscaping and opaque elements of a reduced-distance
buffer.
[Added 5-8-2002]
BUILDING
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any persons,
animals, processes, equipment, goods or materials of any kind.
BUILDING HEIGHT
The vertical distance from the average finished grade at
the front of the structure to the top of the highest roof beams on
a flat or shed roof, the deck level on a mansard roof, and the average
distance between the eaves and the ridge level for gable, hip and
gambrel roofs. For structures that include appurtenant or other accessory
roof features, the height shall be measured from the average finished
grade at the front of the structure to the highest point of the feature.
[Amended 1-23-2013]
BUSINESS PARK
A development which includes multiple buildings and uses.
Shopping Centers, Industrial Parks, and Office Parks are types of
Business Parks.
[Added 2-13-2008]
CALIPER
The diameter of a tree as defined by the American Standard
for Nursery Stock (ANSI Z60.1).
[Added 9-12-2001; amended 4-23-2003; 7-10-2024]
CAMPGROUND
A lot or parcel upon which two or more campsites are located,
established or maintained for occupancy by the general public as temporary
living quarters for recreation, education or vacation purposes.
CAPITAL IMPROVEMENTS PLAN OR PROGRAM
A plan or program adopted by the Frederick County Board of
Supervisors according to the provisions of the Virginia Code, which
recommends capital outlays by the County for a five-year period.
CAREGIVER
An adult who provides for a mentally or physically impaired
person within the commonwealth. For purposes of the placement of a
temporary family health care structure, a caregiver shall be either
related by blood, marriage, or adoption to or the legally appointed
guardian of the mentally or physically impaired person for whom they
are providing care.
[Added 8-14-2013]
CHANNEL SCAR LINE
The sloping margin of, or the ground bordering, a stream
and serving to confine the water to the natural channel during the
normal course of flow. It is best marked where a distinct channel
has been eroded to the valley floor or where there is a cessation
of land vegetation.
[Added 4-23-2003]
CHURCHES and PLACES OF WORSHIP
Buildings or structures primarily intended for the conduct
of organized religious services and associated accessory uses.
[Amended 7-10-2024]
CLEAR ZONE
A designated area void of buildings, structures, fences,
berms and vegetation.
[Added 9-12-2001]
COMMERCIAL RECREATION, INDOOR
A sports or activity facility either open to the general
public for a fee or for members and their guests, located in an enclosed
building or structure designed to accommodate gatherings for athletic,
training, recreational or park purposes, games, cultural activities,
martial arts, archery and the like.
[Amended 1-11-2017]
COMMERCIAL OUTDOOR RECREATION
Private, fee-supported, outdoor facilities used for athletic,
training, recreational or park purposes that utilizes supervised athletic
or recreational activities.
COMMERCIAL SPORT AND RECREATION CLUBS
A public or private fee-supported recreational facility located
indoors or outdoors that may include swimming pools, court games and
other similar activities.
[Added 10-25-2000]
COMMERCIAL VEHICLE
Any vehicle (1) with a gross vehicle weight registered with
the Virginia Department of Motor Vehicles or any other state or government
agency as 12,000 pounds and greater and used for commercial purposes,
or (2) any vehicle, regardless of weight, licensed as a “for
hire” vehicle, or any limousine or bus used as a common or contract
carrier vehicle. For purposes of this chapter, a commercial vehicle
shall not be deemed to include any of the following: police vehicle,
emergency vehicle, commuter van, motor home, camping trailer, boat
trailer or similar recreational equipment used as a personal property
and not for hire or used as a school van or bus.
[Added 9-23-2009]
COMMON OPEN SPACE
Land that is used for recreational purposes, environmental resource protection, buffer areas, stormwater management areas and passive areas that are dedicated to the residents of a development for use and maintenance, and is protected to ensure that it remains in such uses, unless utilized under the provisions of §
165-402.07A of this chapter.
[Amended 4-26-2005]
COMPATIBLE
Capable of existing together in harmony; congruous.
[Added 9-12-2001]
COMPREHENSIVE PLAN
A general plan for the future development of Frederick County,
adopted by the Frederick County Board of Supervisors according to
the provisions of the Virginia Code.
CONDITIONAL USE
A use permitted in a particular zoning district only with
the granting of a conditional use permit by the Board of Supervisors.
CONFERENCE/EVENT CENTER
A structure or facility designed to accommodate meetings
and other events with or without food service developed to be either
stand-alone or within a hotel or motel.
[Added 9-12-2001]
CONGREGATE-CARE FACILITY
A building containing residential living facilities intended
as housing for older persons and which offers the residents of such
facility the opportunity to receive their meals in a central dining
facility, to receive housekeeping services and to participate in activities,
health services, and other services offered through a central management
structure/service.
[Added 7-23-2008]
CONICAL SURFACE
A surface extending horizontally 20 feet for every one foot
vertically from the periphery of the horizontal surface.
CONSTRUCTION EQUIPMENT
Heavy equipment or vehicles of a type used primarily by the
construction industries. Such equipment may include, but is not limited
to, bulldozers, backhoes, cement trucks, concrete mixers, construction
tractors, cranes, derricks, dredging machinery, dump trucks, excavators,
graders, hoists, pavers, power shovels, road construction and maintenance
machinery, scaffolds, tank trucks, trenching machines, and water well
drilling machinery.
[Added 9-23-2009]
CONTIGUOUS
Next to, abutting, or touching and having a boundary, or
portion thereof, that is coterminous.
[Added 9-12-2001]
CONTINUING-CARE RETIREMENT COMMUNITY (CCRC)
A housing development on one parcel of land that meets the
requirements for housing for older persons (as defined in § 36-96.7
of the Code of Virginia, 1950, as amended) that is planned, designed
and operated to provide a full range of accommodations for older persons,
including independent-living facilities, congregate-care facilities,
assisted-living facilities and nursing home (skilled-care) facilities.
CCRCs must also include ancillary facilities for the further enjoyment,
service or care of the residents. In a CCRC residents may move from
one level to another level of housing accommodations as their needs
change. Continuing care residential communities may not contain individual
parcels and may not include condominium options; the community must
be developed as one parcel that is owned and operated by one entity
that offers rental options for the residential units.
[Added 7-23-2008]
CONTRIBUTING STRUCTURE OR SITE
A structure or site within an HA District, at least 50 years
of age, which possesses historical, architectural or cultural significance
and has not been physically altered enough to substantially detract
from its historical integrity. In addition, structures or sites at
least 50 years of age which might not possess significant merit when
considered alone may be considered contributing if they have significance
relative to their patterns of development and/or their relationships
with landmarks, buildings, structures or sites determined to be of
historical, cultural and/or architectural significance.
CONVALESCENT AND NURSING HOMES
An extended- or intermediate-care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
COTTAGE OCCUPATION
An occupation or profession customarily carried on in a dwelling
unit or an accessory building.
[Amended 11-13-2019; 4-24-2024]
COUNTRY CLUB
A land area and buildings containing recreational facilities,
clubhouse and usual accessory uses, primarily open to members and
their guests for a membership fee or daily fee; may include but are
not limited to swimming pools, tennis courts, golf courses, stables
and riding facilities.
[Added 12-9-2009]
COUNTRY GENERAL STORE
A retail business, without accessory fuel sales, not to exceed
3,500 square feet gross retail floor area, allowed where specified
in the rural zoning districts which sells groceries along with a variety
of other retail goods.
[Amended 11-13-2019; 7-10-2024]
DAIRY
A commercial establishment for the manufacture and sale of
dairy products.
DAY-CARE FACILITY
A facility in which more than five children and/or adults,
not including persons who are related by blood, marriage or adoption
to the people who maintain the facility, are received for care, protection
and guidance during only part of the twenty-four-hour day.
[Amended 9-23-2020]
DECOMMISSIONING
The removal and proper disposal of solar energy equipment,
facilities, or devices on real property that has been determined by
the County to be subject to § 15.2-2232 of the Code of Virginia
and therefore subject to § 15.2-2241.2 of the Code of Virginia.
"Decommission" includes the reasonable restoration of the real property
upon which such solar equipment, facilities, or devices are located,
including (i) soil stabilization and (ii) revegetation of the ground
cover of the real property disturbed by the installation of such equipment,
facilities, or devices.
[Added 1-8-2020]
DEDICATE
The transfer of property by the owner to another party.
[Added 9-12-2001]
DEMOLITION
Complete or partial disturbance, dismantling or taking down
of a structure or site by human effort.
DENSITY
The number of dwellings per area of land.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land included in a proposed development, including the holder of an
option or contract to purchase, or other persons having enforceable
proprietary interests in such land.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
[Amended 8-12-1992]
DEVELOPMENT RIGHTS
The permitted density of development that is allowed on a
sending property under any zoning ordinance of the County on a date
of transfer of such rights.
[Added 4-28-2010]
DISPLAY AREA
A specific area used for the purpose of displaying products
and services offered by a business or organization located on the
same property or a contiguous property which is appropriately zoned
and with an approved site plan.
[Added 8-14-2002]
DISTANCE BUFFER
A buffer based upon a required distance between the use to
be buffered and the lot line of adjoining lots or parcels, within
which a buffer is to be provided.
DISTRICT
A zoning district established by this chapter.
DISTURBANCE
The act of stripping vegetation, disturbing the soil, regrading
or development of the land.
DORMITORY, MEDICAL AND ALLIED HEALTH
A building used as a group living quarters for students and
medical and allied health personnel that is owned by a hospital, medical
center, clinic, university, college or professional school.
[Added 9-12-2001]
DRAINAGEWAY
Any natural or artificial watercourse, trench, ditch, swale
or similar depression through which surface water flows.
DRIVE-IN LANE
Any driveway, aisle or travel lane which allows customers
to receive goods or services while they remain in their vehicles.
DRIVEWAY
A private travelway for vehicles which provides access to
a public street or road from a parking space, garage, dwelling, structure
or use.
DWELLING
A residential structure or portion thereof which is used
exclusively for human habitation.
[Amended 9-12-2001; 9-23-2009]
A.
DWELLING, MULTIFAMILYA building or portion thereof containing more than two dwelling units and not classified as a single-family attached dwelling with not more than one family occupying each dwelling unit.
[Amended 1-23-2013]
D.
DWELLING, SEMIDETACHEDA dwelling attached to one or more dwellings by a common vertical wall, with each dwelling located on a separate lot.
E.
DWELLING, ATTACHEDA dwelling with two or more single-family dwelling units which are generally joined together by an above-grade common party wall extending from the lowest floor to the roof or by a common floor-ceiling. A common floor-ceiling shall be the floor of one unit that is shared with the ceiling of another unit in vertically stacked dwelling units. Townhouse units may be attached by a garage or a connecting permanent architecturally unified structure such as a breezeway, carport, or wall, where structures continue the design, pattern and/or materials of the facade from one dwelling unit to another.
EASEMENT
A grant of one or more of the property rights by the property
owner to and/or for use by the public, a corporation, or another person
or entity.
[Added 9-12-2001]
ELEVATED BUILDING
A nonbasement building built to have the lowest floor elevated
above the ground level by means of fill, solid-foundation perimeter
walls, pilings, or columns (posts and piers).
[Added 8-12-2009]
ENCROACHMENT
With respect to a floodplain, an encroachment shall be 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.
[Added 8-12-2009]
ENVIRONMENTAL EASEMENT
An easement established to protect and maintain particular
environmental features according to the environmental protection requirements
of this chapter.
EXISTING CONSTRUCTION
Structures for which the start of construction commenced
before the effective date of the FIRM or before July 17, 1978, for
FIRMs effective before that date. Existing construction may also be
referred to as “existing structures” and “pre-FIRM.”
[Added 4-23-2014; amended 1-13-2021]
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by the County.
[Added 8-12-2009; amended 4-23-2014]
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
The preparation of additional sites by the construction of
facilities for servicing the lots on which the manufactured homes
are to be affixed (including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads).
[Added 8-12-2009]
EXTINGUISHMENT OF DEVELOPMENT RIGHTS
The process by which development rights from a sending property are severed from the sending property to a receiving property or transferee, pursuant to the transfer of development rights program under Chapter
165 of the County Code.
[Added 4-28-2010]
FAMILY CARE HOME
A residential facility intended primarily for intellectually
or developmentally disabled residents, or residents with emotional
or behavioral problems who are provided with a program of services
and protective supervision in a home setting.
[Added 9-12-2001; 4-24-2024]
FARM BREWERY
A brewery licensed as a limited brewery under Subsection
2 of § 4.1-208 of the Code of Virginia (1950, as amended).
[Added 8-12-2015]
FARM DISTILLERY
A distillery licensed as a limited distillery under Subsection
2 of § 4.1-206 of the Code of Virginia (1950, as amended).
[Added 8-12-2015]
FARMER'S MARKET
Retail sale of fresh fruit and vegetables, and other food
and related items, horticultural products and livestock at a facility
with space occupied by one or several different tenants on a short-term
or daily basis; may be indoor or outdoor; this term does not include
wayside stands, roadside stands or wayside markets.
[Added 12-9-2009]
FARM STAY
Any guest accommodation on a working farm. In addition to
overnight accommodations on site, guests may participate in rural
activities, including farming, animal husbandry, ranching, harvest-your-own
activities, natural activities and attractions.
[Added 5-24-2017]
FARM WINERY
A winery licensed as a farm winery under Subsection
5 of § 4.1-207 and defined under § 4.1-100 of the Code of Virginia (1950, as amended).
[Added 12-9-2009; amended 8-12-2015]
FAST-FOOD RESTAURANT
Any establishment whose principal business is the sale of
food or beverages in a ready-to-consume state with a rapid turnover
of customers. Food is provided for consumption on or off the premises.
Such establishments usually involve customer self-service and the
serving of food in disposable or edible containers.
FIRE CODE
The fire protection regulations adopted by the Frederick
County Board of Supervisors.
FLEA MARKET
An occasional or periodic sales activity, held within a building,
structure or outdoors where groups of individual sellers offer goods
for sale to the public not, to include private garage sales. Such
sellers may set up temporary stalls or tables for the sale of their
products. Such sales may involve new and/or used items to include,
but not be limited to, household items, antiques, rare items, decorations,
used books, used magazines, jewelry clothing and/or a variety of merchandise
and may also include the sale of fruits, vegetables and other edible
items. The sale of vehicles, heavy equipment, boats, watercraft, agricultural
machinery or the like shall be prohibited. The individual sellers
at the flea market need not be the same each time the market is in
operation.
[Added 11-10-2010]
FLEX-TECH
A development concept that accommodates aspects of retail,
manufacturing, wholesale and warehousing by an individual user within
a single structure. Such development is designed to accommodate users
that require flexibility in their square footage allocation. A typical
flex-tech user would be a small business that initially requires a
relatively small square footage but may increase the business' square
footage as the strength of the business improves.
[Added 2-11-1998]
FLOOD INSURANCE RATE MAP (FIRM)
An official map of the County on which the Federal Emergency
Management Agency has delineated both the special hazard areas and
the risk-premium zones applicable to the community. A FIRM that has
been made available digitally is called a Digital Flood Insurance
Rate Map (DFIRM).
[Added 8-12-2009; amended 4-23-2014; 1-13-2021]
FLOOD INSURANCE STUDY (FIS)
A report by FEMA that examines, evaluates and determines
flood hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of mudflow and/or
flood-related erosion hazards.
[Added 8-12-2009; amended 1-13-2021]
FLOOD or FLOODING
[Added 8-12-2009; amended 4-23-2014]
A.
A general or temporary condition of partial or complete inundation
of normally dry land areas from:
(1)
The overflow of inland or tidal waters;
(2)
The unusual and rapid accumulation or runoff of surface waters
from any source;
(3)
Mudflows which are proximately caused by flooding as defined
in Subsection A(2) of this definition and are akin to a river of liquid
and flowing mud on the surfaces of normally dry land areas, as when
earth is carried by a current of water and deposited along the path
of the current.
B.
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 and unforeseeable event which results in flooding
as defined in paragraph 1 (a) of this definition.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
[Added 8-12-2009]
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot at any point within the community.
[Added 8-12-1992; amended 1-13-2021]
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of exterior walls or
from the center line of a wall separating two buildings.
FOOTCANDLE
A measure of light falling on a surface. One footcandle is
equal to the amount of light generated by one candle shining on one
square foot surface located one foot away. Footcandle measurements
shall be made with a photometric light meter with a specified horizontal
orientation.
[Added 8-12-2009]
FOOTCANDLE (AVERAGE MAINTAINED)
The average of a number of points of footcandle calculations
or footcandle readings in a given area which have been adjusted to
account for maintenance, which includes luminaire dirt depreciation
and lamp lumen depreciation.
[Added 8-12-2009]
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.
[Added 8-12-2009]
FULL SCREEN
Elements of landscape screen plus a six-foot in height opaque
fence, hedge, wall, mound or berm.
[Amended 2-28-2007]
FUNCTIONALLY DEPENDENT USE
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. This term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and shipbuilding and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
[Added 1-13-2021]
GARAGE, PRIVATE
A deck, building or structure or part thereof used or intended
to be used for the parking and storage of vehicles.
GARAGE, PUBLIC
A building or portion thereof, other than a private garage,
designed or used for servicing, repairing or equipping motor vehicles,
but not including service stations or vehicle sales.
[Amended 7-10-2024]
GENERAL BUSINESS OFFICE
A room or building used for conducting the affairs of a business,
professional, service, industry, or other enterprise.
[Amended 12-13-2023]
GLARE
The sensation produced by a bright source within the visual
field that is sufficiently brighter than the level to which the eyes
are adapted to cause annoyance, discomfort, or loss in visual performance
and visibility. The magnitude of glare depends on such factors as
the size, position, brightness of the source, and the brightness level
to which the eyes are adapted.
[Added 8-12-2009]
GOLF COURSE
A tract of land used for playing golf, improved with tees,
greens, fairways and other features, including accessory uses and
structures.
GOVERNMENT SERVICES OFFICE
Offices or facilities owned, leased or operated by government
agencies for government services. See "school" for school use.
[Added 9-14-2005]
GROSS AREA
The total area of the land contained within the boundaries
of the lot or tract or within the perimeter boundaries of a development.
GROSS DENSITY
The total number of dwellings divided by the total gross
area within the perimeter boundaries of a development. The "gross
density" within a section of a development shall be the number of
dwellings in the section divided by the total area of residential
lots, common yard areas, common open space required in the section
and right-of-way areas of roads and easements that are interior to
the section.
GROUP HOME
A residential facility for intellectually or developmentally
disabled persons who may require personal care and supervision, and
who may be considered to be potential candidates for independent living.
[Amended 12-9-1992; 9-12-2001; 4-24-2024]
HABITABLE FLOOR
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking, or recreation, or a combination thereof,
except for a floor used only for storage purposes.
[Added 6-25-2008]
HALFWAY HOUSE
A residential facility for persons on release from more restrictive
custodial confinement where supervision, rehabilitation and counseling
are provided to mainstream residents back into society, enabling them
to live independently.
[Added 9-12-2001]
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
[Added 8-12-2009]
HISTORIC STRUCTURE
Any structure that is:
[Added 8-12-2009]
A.
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary 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 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:
(1)
By an approved state program as determined by the Secretary
of the Interior; or
(2)
Directly by the Secretary of the Interior in states without
approved programs.
HOG FARM
A farm where hogs are produced and kept.
HOME OCCUPATION
An occupation or profession customarily carried on in a dwelling
unit. In the RA (Rural Areas) Zoning District, a home occupation may
be carried on in an accessory building or structure.
[Added 11-13-2019; 4-24-2024]
HORIZONTAL SURFACE
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
HOSPITAL
An institution rendering medical, surgical or convalescent
care, including nursing homes, homes for the aged and sanatoriums
and treatment centers that serve patients at least partially on an
inpatient basis.
HUMANITARIAN AID ORGANIZATIONAL OFFICE
A charitable organization established to provide relief assistance
to an identified distressed, underprivileged group. Relief would be
provided in such forms as clothing, medical supplies or educational
contributions. The organization must provide a public beneficial interest
to the community.
[Added 1-27-1999]
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS
Analyses performed by a licensed professional engineer, in
accordance with standard engineering practices that are accepted by
the Virginia Department of Conservation and Recreation and FEMA, used
to determine the base flood, other frequency floods, flood elevations,
floodway information and boundaries, and flood profiles.
[Added 4-23-2014]
ILLUSTRATIVE SKETCH PLAN
An illustrative plan that accurately depicts the development
of a parcel or use meeting the requirements of this chapter. Illustrative
site plans may be required for agricultural uses or as part of a conditional
use permit.
[Added 8-12-2015]
IMMEDIATE FAMILY
Any person who is a natural or legally defined offspring,
spouse, sibling, grandchild, grandparent, or parent of the property
owner.
[Added 7-10-2002]
IMPACT ANALYSIS
A written statement describing the potential impacts of an
application or development plan or proposal, including maps, plans,
diagrams and other materials, and meeting all requirements set forth
by the Frederick County Department of Planning and Development.
IMPERVIOUS AREA
Any area, generally paved or graveled, with a surface that
prevents, or significantly reduces, absorption of stormwater into
the ground. When calculating impervious area for landscaping purposes,
retention and detention basins, dry wells, sidewalks, display areas,
dumpster pads, and structures shall be excluded.
[Added 4-23-2003]
INACTIVE DISTANCE BUFFER
A distance buffer which contains no structures, buildings,
roads, driveways, accessory uses or activities.
INDEPENDENT-LIVING FACILITY
A building or series of buildings containing independent
dwelling units or individual housing units to include: single-family
detached, duplex or multiplex units. Independent-living facilities
are intended to provide housing for older persons not requiring health
or other services offered through a central management structure/source.
The facility may include ownership or rental units and must be subject
to appropriate covenants, conditions, management policies or other
procedures to ensure that the facility provides only housing for older
persons (as defined in § 36-96.7 of the Code of Virginia,
1950, as amended).
[Added 7-23-2008]
INDUSTRIAL PARK
A development within the B3 Industrial Transition, M1 Light
Industrial or M2 Industrial General Zoning District, containing two
or more uses within a single approved master development plan or site
plan.
INOPERABLE MOTOR VEHICLE OR TRAILER
Any motor vehicle, trailer, camping trailer, or semitrailer,
which is not in operating condition, or which has been partially or
totally disassembled by the removal of tires and wheels, the engine
or other essential parts required for operation of the vehicle. Vehicles,
trailers, camping trailers, and semitrailers shall also be considered
inoperable if they do not display a valid license plate or a valid
inspection decal. An inoperable motor vehicle, trailer, camping trailer,
or semitrailer shall not include any motor vehicle, trailer, camping
trailer, or semitrailer located on a property for such time as for
the contemporaneous conduct of an agricultural and/or like purpose
as provided for in Article 6 of Chapter 6 of Title 46.2 of the Code
of Virginia, and, if located on a property for which a use permitted
in the RA District is allowed, it either displays a farm use tag or
is a vehicle, trailer, camping trailer, or semitrailer, primarily
used for agricultural purposes.
[Amended 8-11-1993; 2-23-2022]
INSTITUTIONAL USE
A nonprofit or quasi-public use or institution, such as churches
and places of worship, a library, public or private school, hospital
or municipally owned or operated building, structure or land used
for public purposes.
[Amended 7-10-2024]
INTER-PARCEL CONNECTOR
An at-grade entrance between adjoining properties that is
designed to facilitate vehicular access between land uses without
use of the street system.
[Added 9-12-2001]
JUNKYARD
Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale
or abandonment of wastepaper, rags, scrap metal or other scrap or
discarded goods, materials or machinery.
KENNEL
A place prepared to house, board, breed, handle, or otherwise
care for dogs for sale or in return for compensation. One litter of
dogs breeding for compensation per household per year shall not be
defined as a kennel and will be considered as a home occupation.
[Amended 11-13-2019]
LAKES AND PONDS
Natural or artificial bodies of water which retain water
year round. Such bodies shall be considered to extend from the maximum
water level plus an additional 10 feet.
LANDFILL
A sanitary landfill site used for the disposal of solid wastes
beneath layers of soil and other materials.
LANDSCAPE SCREEN
A landscaped easement containing plants or other features
approved by this chapter which provide a complete visual screen.
[Amended 2-28-2007]
LDN
A term referring to the average day-night sound level for
areas adjacent to the Winchester Regional Airport.
LDN MAP
A map showing the average day-night sound levels of 65 LDN
and above for areas adjacent to the Winchester Regional Airport.
LEGALLY NONCONFORMING SIGN
Any sign lawfully existing on the effective date of an ordinance,
or amendment thereto, that renders such sign nonconforming because
it does not conform to all the standards and regulations of the adopted
or amended ordinance.
[Added 8-14-2002]
LEGALLY NONCONFORMING STRUCTURE
A structure, the size, dimensions, or location of which was
lawful prior to the adoption, revision, or amendment to the Zoning
Ordinance but that fails by reason of such adoption, revision, or
amendment to conform to the present requirements of the zoning district.
[Added 8-14-2002]
LEGALLY NONCONFORMING USE
A use or activity that was lawful prior to the adoption,
revision or amendment of the Zoning Ordinance but that fails by reason
of such adoption, revision, or amendment to conform to the present
requirements of the zoning district.
[Added 8-14-2002]
LETTERS OF MAP CHANGE (LOMC)
A Letter of Map Change is an official FEMA determination,
by letter, that amends or revises an effective Flood Insurance Rate
Map or Flood Insurance Study. Letters of Map Change include:
[Added 4-23-2014; amended 1-13-2021]
A.
LETTER OF MAP AMENDMENT (LOMA)An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a land as defined by metes and bounds or structure is not located in a special flood hazard area.
B.
LETTER OF MAP REVISION (LOMR)A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter of Map Revision Based on Fill (LOMR-F) is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the County’s floodplain management regulations.
C.
CONDITIONAL LETTER OF MAP REVISION (CLOMR)A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study.
LIGHTING FIXTURE
A complete lighting unit consisting of the lamp, lens, optical
reflector, housing and any electrical components necessary for ignition
and control of the lamp, which may include a ballast, starter and/or
photo control.
[Added 8-12-2009]
LIGHTING FIXTURE, DIRECTIONALLY SHIELDED
A lighting fixture which emits a light distribution where
some light is emitted at or above a horizontal plane located at the
bottom of a fixture. Such fixtures may contain visors, louvers, or
other types of shields or lenses which are designed to direct light
onto a target area and to minimize stray light.
[Added 8-12-2009]
LIGHTING FIXTURE, FULL-CUTOFF
A lighting fixture from which 0% of its light output is emitted
at or above 90° from horizontal (a horizontal plane drawn through
the bottom of the light fixture) and no more than 10% above 80°
from the horizontal.
[Added 8-12-2009]
LIGHTING FIXTURE, RECESSED CANOPY
An outdoor lighting fixture recessed into a canopy ceiling
so that the light source is either completely flush or recessed within
the underside of the canopy.
[Added 8-12-2009]
LIGHT TRESPASS
Unwanted light going beyond the property line and spilling
over onto the adjacent or neighboring property. It can also represent
the direct light (glare) that reduces a person’s vision or ability
to see.
[Added 8-12-2009]
LOADING AREA
An off-street area containing loading spaces and maneuvering
areas, as well as their associated driveways.
[Amended 3-13-2002]
LOADING SPACE
An off-street space used for loading or unloading by commercial,
industrial, public, or semipublic vehicles.
[Added 3-13-2002]
LOT
A designated parcel, tract or area of land established or
to be established by plat or subdivision or previously established
as a recorded lot.
LOT AREA
The total area within the lot lines of a lot.
LOT, CORNER
A lot abutting two or more streets at their intersection.
LOT LENGTH
The distance between the front lot line and the rear lot
line measured at the maximum distance.
LOT LINE, REAR
The lot line opposite and parallel to the front lot line
or within 45° of being parallel to the front lot line.
LOT OF RECORD
A lot for which a plat or survey description has been legally
recorded with the Frederick County Clerk of the Court.
LOT, PIPESTEM
A residential lot fronting on a public or a private street
in which access is provided by a narrow strip of land, referred to
as the "pipestem driveway yard," which is less than the minimum required
front yard width, and located between adjoining residential lots fronting
on the same street.
[Added 1-12-2005]
LOT WIDTH
The horizontal distance between side lot lines.
LOWEST ADJACENT GRADE
The lowest natural elevation of the ground surface next to
the walls of a structure.
[Added 1-13-2021]
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for 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 nonelevation design requirements of Federal
Code 44 CFR 60.3.
[Added 8-12-2009]
MAINTAINED LIGHTING LEVEL
A level of illumination which results when the initial output
of the lamp is reduced by certain light loss factors. Such light loss
factors typically include lamp depreciation and dirt accumulation
on lenses and other light fixture components. For the purpose of this
chapter, the maintained lighting level shall represent an average
footcandle level measured over a specified area.
[Added 8-12-2009]
MANEUVERING AREA
A traveled way by which commercial, industrial, public, or
semipublic vehicles enter and depart loading spaces.
[Added 3-13-2002]
MANEUVERING AREA, PARKING LOT
A traveled way, including driveways and aisles, by which
vehicles enter and depart parking spaces.
[Added 9-12-2001]
MANUFACTURING
The mechanical or chemical transformation of materials and
substances into new products, including the assembly of component
parts and the blending of materials.
MASTER DEVELOPMENT PLAN
A general plan of development reviewed by the Board of Supervisors
for new developments in certain zoning districts before subdivision
or site plan approval, according to the requirements of this chapter.
[Amended 3-13-2013]
MEAN SEA LEVEL
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or the North American
Vertical Datum (NAVD) of 1988 to which base flood elevations shown
on a community’s FIRM are referenced.
[Added 1-13-2021]
MEDICAL AND ALLIED HEALTH
Medical related facilities, activities, and personnel, including
administrative, clinical support, and general support services and
personnel.
[Added 9-12-2001]
MENTALLY OR PHYSICALLY IMPAIRED PERSON
A person who is a resident of Virginia and who requires assistance
with two or more activities of daily living, as defined in § 63.2-2200,
as certified in a writing provided by a physician licensed by the
commonwealth.
[Added 8-14-2013]
MINIMUM LANDSCAPED AREA
The minimum area or portion of a lot or parcel that must
be landscaped with grass, vegetation or other landscaping materials,
not including pavement or structures.
MINING
The breaking or disturbing of the surface soil or rock in
order to remove minerals to make them suitable for commercial, industrial
or construction use, but not including excavation or grading when
conducted in aid of on-site farming or construction.
MOBILE OR MANUFACTURED HOME
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes the term “manufactured home”
also includes park trailers, travel trailers, and other similar vehicles
placed on a site for greater than 180 consecutive days.
[Amended 8-11-1993; 8-12-2009; 1-13-2021]
NATURAL STORMWATER RETENTION AREA
Areas of poorly drained soils which are subject to periodic
flooding and act as areas to temporarily store stormwater. In some
cases, "natural stormwater retention areas" will contain floodplain
and wetland areas.
NATURAL WATERWAY
Creeks, streams, runs, or other annual or perennial waterways
identified on United States Geological Survey, Commonwealth of Virginia
or Frederick County maps.
[Added 4-23-2003]
NEW CONSTRUCTION
For the purposes of determining insurance rates, structures
for which the start of construction commenced on or after July 17,
1978, and includes any subsequent improvements to such structures.
For floodplain management purposes, new construction means structures
for which start of construction commenced on or after the effective
date of a floodplain management regulation adopted by the County and
includes any subsequent improvements to such structures.
[Added 8-12-2009; amended 4-23-2014; 1-13-2021]
NEW MANUFACTURED (MOBILE) HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the county.
[Added 8-12-2009; amended 4-23-2014; 1-13-2021]
NOISE EASEMENT
A required easement within the Winchester Regional Airport's
noise abatement area as specified in the Airport District.
NUISANCE
An activity which annoys, vexes or creates a health hazard
or that which, by its existence, created annoyance, injury or damage
to persons or property.
NURSERY, RETAIL
Uses which raise plant materials or sell plant materials
and related products.
OCCUPANCY PERMIT
A required permit allowing occupancy of a building, structure
or use after it has been determined that the building, structure or
use meets all the requirements of the Frederick County Code.
OFF-STREET PARKING SPACE
A temporary storage space for a motor vehicle with access
to an aisle and driveway which is not located within a street or road
right-of-way.
OFFICE PARK
A development primarily devoted to office uses, containing
two or more uses within a single master development or site plan.
ON-SITE UTILITY SYSTEMS
On-site heating and cooling plants, pump stations, electro-magnetic
systems, distribution transformers, pipes and meters, water and sewer
lines, booster or relay stations, transformer substations, and water
supply stations either located within a structure or freestanding.
[Added 9-12-2001]
OPAQUE
Not transparent or translucent.
[Added 6-9-1993]
OPAQUE FENCE
A fence that is constructed to visually obscure structures,
outdoor storage areas, and other uses. A chain-link fence with slats
shall not constitute an opaque fence.
[Added 9-12-2001]
ORCHARD
An area of land devoted to the cultivation of fruit trees.
[Added 9-12-2001]
OUTDOOR STORAGE AND PROCESSING
The keeping or processing of goods, junk, material, merchandise
or vehicles outside of an enclosed building and in the same place.
[Amended 8-14-2002]
OWNER
An individual, firm, association, syndication, partnership
or corporation having sufficient proprietary interest to seek development
of land.
PARCEL
A lot or tract of land.
PARK
A tract of land designated and used for active and passive
recreation.
PARKING AISLE
A vehicle access aisle used to provide direct access to a
parking space in a parking lot.
PARKING LOT
An off-street, paved parking area containing parking spaces,
aisles and other improvements.
PEDESTRIAN ACCESS
Means by which individuals can travel on foot outside of
private lots and street travelways.
PERIMETER BOUNDARY
The exterior boundary of a development contained within a
single site plan or master development plan.
PLANNED COMMUNITY
A development contained in the R4 Residential Planned Community
District.
POST-FIRM STRUCTURE
A structure for which construction or substantial improvement
occurred on or after July 17, 1978.
[Added 1-13-2021]
PRE-FIRM STRUCTURE
A structure for which construction or substantial improvement
occurred before July 17, 1978.
[Added 1-13-2021]
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the "primary surface" extends
200 feet beyond each end of that runway; but when the runway has no
specially prepared hard surface or planned hard surface, the "primary
surface" ends at each end of that width prescribed in Part 77 of the
Federal Aviation Administration regulations for the most precise approach
existing or planned for either end of that runway. The elevation of
any point on the "primary surface" is the same as the elevation of
the nearest point on the runway center line.
PROFFER
The voluntary offering of conditions to be placed on the
approval of a rezoning.
PROPERTY OWNERS' ASSOCIATION
A private, nonprofit organization or corporation of property
owners, established to own, operate and maintain various common facilities
or properties.
PROTECTED POPULATION HOME
A residential facility for persons protected pursuant to
the provisions of the Federal Fair Housing Act.
[Added 9-12-2001]
PUBLIC BUILDING
Any area, building or structure used or controlled for government
purposes, that is owned, held, or operated by any department, branch
or unit of the federal government, the Commonwealth of Virginia or
one or more of its local governments, political subdivisions or municipal
corporations.
[Added 1-12-2011]
PUBLIC UTILITIES
Power-generating facilities, booster or relay stations, transformer
substations, transmission lines and towers, pipes, meters and other
facilities (including utility-scale solar power generating facilities),
and sewer and water treatment facilities, including sewer and water
transmission lines. Such facilities may be owned by public utilities,
public agencies, those operators with a certificate of public convenience,
or those that are operating under a permit by rule (PBR).
[Added 1-8-2020]
RAISED ISLAND
A built-up structure containing curbing or curb and gutter,
placed within or at the end of parking rows and within property entrances
to guide traffic and/or provide space for landscaping, signage, or
lighting.
[Added 9-12-2001]
RECEIVING AREA
One or more areas identified in this chapter and designated
by the Comprehensive Plan as an area authorized to receive development
rights transferred from a sending area.
[Added 4-28-2010]
RECEIVING PROPERTY
A lot or parcel of land within a receiving area and within
which development rights are increased pursuant to a transfer of development
rights affixed to the property.
[Added 4-28-2010]
RECREATIONAL FACILITIES
A place or facility designed, equipped and used for the conduct
of sports, leisure-time activities and other recreational activities.
RECREATIONAL VEHICLE
A vehicle which is:
[Added 8-12-1992]
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured
at the largest horizontal projection;
C.
Designed to be self-propelled or permanently
towable by a light-duty truck; and
D.
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational camping,
travel or seasonal use.
RECREATIONAL VEHICLE STORAGE
An area provided within a residential recreational community
for its residents to store recreational vehicles such as boats, campers,
RV's and travel trailers.
[Added 8-9-2000]
RELATED RESIDENTIAL LAND USE
A dwelling, structure or facility that has a specific affiliation
with or whose residents receive a direct benefit from hospitals, medical
centers, medical offices, clinics, and schools of medicine.
[Added 9-12-2001]
REPETITIVE LOSS STRUCTURE
A building covered by a contract for flood insurance that
has incurred flood-related damages on two occasions in a ten-year
period in which the cost of the repair, on the average, equaled or
exceeded 25% of the market value of the structure at the time of each
such flood event; and, at the time of the second incidence of flood-related
damage, the contract for flood insurance contains increased cost of
compliance coverage.
[Added 4-23-2014; amended 1-13-2021]
RESORT
A facility for transient guests where the primary attraction
is recreational features or activities.
RESTAURANT
A facility in which food and drinks are prepared, served
and consumed.
RETAIL USES
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods. "Retail uses" shall
not include coal, wood and lumber yards.
REZONE
To change the zoning district classification of a particular
lot, parcel or area.
RIGHT-OF-WAY
Land dedicated or reserved for or occupied by a road, railroad,
utility or other similar use.
RIPARIAN BUFFER
An area of trees, shrubs, or other vegetation that permits
inundation by water and is at least 35 feet in width, measured outward
from both sides of a natural waterway beginning along the slope of
the ground from the channel scar line. A riparian buffer is managed
to maintain the integrity of stream channels and reduce the effect
of upland sources of pollution by trapping, filtering, and converting
sediments, nutrients, and other chemicals.
[Added 4-23-2003; amended 3-14-2012]
ROAD
A street dedicated to or owned by Frederick County or the
Virginia Department of Transportation; also, privately owned rights-of-way
which serve as the principal means of access to more than one property.
[Amended 3-14-2012]
RUNWAY
A specified area on an airport prepared for landing and takeoff
of aircraft along its length.
SAWMILLS and PLANING MILLS
A.
TYPE AA mill located on a single parcel of land used for the sawing or processing of standing trees or their wood or timber, harvested only from that parcel or only from parcels immediately contiguous thereto.
B.
TYPE BA mill for sawing or processing of standing trees or their wood or timber.
SCENIC AREA
An open area, the natural features of which are visually
significant or geologically or botanically unique.
[Added 4-9-1997]
SCHOOL
[Amended 10-27-1999]
A.
Without residential component: any building
used for organized education or instruction in any branch of knowledge.
This school does not contain rooms where overnight lodging and meals
are provided to students.
B.
With residential component: any building used
for organized education or instruction in any branch of knowledge.
This school does contain rooms where overnight lodging and meals are
provided to students.
SCREENING
A method of visually shielding or obscuring one abutting
or nearby structure or use from another by fencing, walls, berms,
or densely planted vegetation.
[Added 9-12-2001]
SEARCH AREA
A geographic area in which a commercial telecommunication
facility site may be located that would satisfactorily cover a targeted
area and/or hand-off with its neighboring sites.
[Added 4-9-1997]
SEASONAL USE
Any use which ceases operation for at least three months
in a year.
[Added 8-14-2002]
SELF-SERVICE STORAGE FACILITY
A structure containing separate storage spaces of varying
sizes leased or rented as individual leases for the purpose of storing
personal property and household goods.
SEMITRAILER
Every vehicle of the trailer type so designed and used in
conjunction with a motor vehicle that some part of its own weight
and that of its own load rests on or is carried by another vehicle.
[Added 6-9-1993]
SENDING AREA
One or more areas identified in this chapter and designated
by the Comprehensive Plan as an area from which development rights
are authorized to be severed and transferred to a receiving area.
[Added 4-28-2010]
SENDING PROPERTY
A lot or parcel of land in a sending area that is the subject
of a transfer of development rights, where the owner of the parcel
is conveying development rights of the parcel, and on which those
rights so conveyed are extinguished and may not be used, by reason
of the transfer of development rights.
[Added 4-28-2010]
SERVICE STATION
Any premises primarily used for supplying gasoline, oil,
tires, accessories and services for automobiles at retail directly
to the motorist or consumer. Repair uses are accessory to the other
retail services provided.
SETBACK
The required distance between a building or structure and
a lot line.
SETBACK, FRONT YARD
The required distance between a street right-of-way line
and the front line of a building or structure.
SETBACK, REAR YARD
The required distance between a building or structure and
the rear lot line of the lot containing the building or structure.
SETBACK, SIDE YARD
The required distance between a building or structure and
the side lot line of the lot containing the building or structure.
SEVERE REPETITIVE LOSS STRUCTURE
A structure that:
[Added 1-13-2021]
A.
Is covered under a contract for flood insurance made available
under the NFIP; and
B.
Has incurred flood-related damage:
(1)
For which four or more separate claims payments have been made
under flood insurance coverage with the amount of each such claim
exceeding $5,000, and with the cumulative amount of such claims payments
exceeding $20,000; or
(2)
For which at least two separate claims payments have been made
under such coverage, with the cumulative amount of such claims exceeding
the market value of the insured structure.
SEWAGE TREATMENT FACILITY
Any device or system used in the storage, treatment, disposal
or reclamation of sewage and industrial wastes generated by more than
two uses or dwellings.
SHALLOW FLOODING AREA
A special flood hazard area with 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.
[Added 4-23-2014]
SHOPPING CENTER
Any development in the B1 Neighborhood Business or B2 Business
General Zoning District containing two or more uses within a single
approved master development plan or site plan.
SHORT-TERM LODGING (STL)
Any occupancy of all or part of a dwelling or mobile home
for a period of 30 days or less.
[Added 9-28-2022]
SIGN
Any object, device, display, structure, fixture, painting,
emblem, or visual, or part thereof, that is designed to use words,
designs, figures, graphics, colors, illumination or projected images,
fixtures, symbols, numbers, or letters for the purpose of communicating
a message.
[Amended 9-12-2001; 2-13-2008; 11-10-2010; 5-10-2023]
A.
SIGN AREAThe sign area will be measured as the area of a sign face with the smallest square, circle, rectangle, triangle or combination thereof that encompasses the extreme limits of the words, designs, figures, graphics, colors, illumination or projected images, fixtures, symbols, numbers, or letters or any part or combination thereof together with any materials or colors forming an integral part of the background of the sign face or used to differentiate the sign from the backdrop or structure against which it is placed. In the case of a double-faced sign where the interior angle formed by the faces is 45° or less or where the sign face is parallel, only one display face will be used in calculating the area.
B.
SIGN, ANIMATEDAny sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation.
C.
SIGN, COTTAGE OCCUPATIONAny additional signage permitted on a parcel as a result of the County approving a conditional use permit for a cottage occupation on the parcel.
D.
SIGN, ELECTRONICAny sign with fixed or changing graphics composed of a series of lights or light-emitting devices that may be changed through electric or electronic means.
E.
SIGN, FLAGAny piece of cloth or bunting, with distinctive colors, patterns, or symbolic devices, that may constitute, among other things, a governmental or organizational symbol, or that may be decorative.
F.
SIGN, FLASHINGAny sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever.
G.
SIGN, ILLUMINATEDAny sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.
I.
SIGN, INFLATABLEAny sign that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure, and equipped with a portable blower motor that provides a constant flow of air into the device.
J.
SIGN, INTERSTATE OVERLAYAny on-premises business sign located within the Interstate Area Overlay District meeting all requirements of Article
VII, Part 704, of this chapter.
K.
SIGN, MONUMENTAny freestanding sign placed directly on the ground by means other than a support pole or brace in which the message portion is either on top of, or affixed to, the support structure. The width of the support structure for the monument sign must be a minimum of 50% of the width of the sign face area.
L.
SIGN, ON-PREMISES MULTI-TENANT COMPLEXAny sign relating to more than one business, profession, produce, service, event, or other commercial or noncommercial activity sold, offered, or conducted on the same parcel of land where the sign is located.
M.
SIGN, OFF-PREMISESAny sign relating to a business, profession, product, service, event, or other commercial or noncommercial activity not sold, offered, or conducted on the same parcel of land where the sign is located.
N.
SIGN, ON-PREMISESAny sign relating to a business, profession, product, service, event, or other commercial or noncommercial activity sold, offered, or conducted on the same parcel of land where the sign is located.
P.
SIGN, ROOFAny sign that is mounted on the roof of a building or a sign that projects above the top wall or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof.
Q.
SIGN, SNIPEAny sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public right-of-way or on any private property without the permission of the property owner.
R.
SIGN, TEMPORARYAny sign designed or intended to be moved easily that is not permanently attached to the ground or affixed to a building or other structure. May also include banner signs.
S.
SIGN, WALL-MOUNTEDAny sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for the sign.
SIGNIFICANT EXTERIOR ALTERATION
Any change in the exterior appearance of a structure, excluding
minor changes, such as painting, minor repairs and installation of
easily removed equipment, such as air conditioning and/or storm doors
or windows.
SINGLE-FAMILY
A single person, or two or more persons related by blood
or marriage occupying a dwelling, living together and maintaining
a household, which may include not more than one unrelated person;
however, not more than four unrelated persons occupying a dwelling,
living together and maintaining a household shall be deemed to constitute
a "single family."
[Added 10-10-2007]
SINKHOLE
Any depression in the surface of the ground which provides
a means through which surface water can enter directly into subsurface
aquifers.
SITE PLAN
A plan of development which contains detailed engineering
drawings of the proposed uses and improvements required in the development
of a given parcel or use meeting the requirements of this chapter.
In all articles of this chapter, where the term "site plan" is used,
it shall also include the term "minor site plan."
[Amended 8-12-2015]
SLAUGHTERHOUSES
Establishments primarily engaged in the slaughtering or processing
of meats for human consumption or other related products. The word
"slaughterhouse," as used in this definition, shall not be construed
to prohibit persons who are actually farmers from killing their own
cattle, sheep, swine, goats and fowl for their own family use.
[Added 9-13-2017]
SPECIAL EVENT FACILITY
A facility or site utilized for events that are typically
conducted on a single day but which may be conducted for up to three
consecutive days, for which attendance is permitted only by invitation
or reservation; special events include, but are not limited to, meetings,
conferences, banquets, dinners, weddings and private parties.
[Added 5-24-2017]
SPECIAL FLOOD HAZARD AREA
The land in the floodplain subject to a one-percent or greater chance of being flooded in any given year as determined in §
165-702.11.
[Added 8-12-2009; amended 4-23-2014; 1-13-2021]
STABLE, COMMERCIAL
A building, group of buildings, or use of land, or any combination
thereof, where, for compensation, whether monetary or goods, provision
is made for horses or ponies for hire or instruction in riding.
[Added 5-24-2017]
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 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 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.
[Added 8-12-2009]
STEEP SLOPES
Land areas where the slope exceeds 35%.
[Amended 8-9-2000; 4-23-2003; 1-26-2022]
STORMWATER MANAGEMENT FACILITY
A facility designed to Virginia Erosion and Sedimentation
Control Law standards that is intended for the control and management
of stormwater to minimize the detrimental effects of surface water
runoff.
[Added 9-12-2001]
STREET
A roadway dedicated to or owned by Frederick County or the
Virginia Department of Transportation; also, privately owned rights-of-way
which serve as the principal means of access to more than one property.
[Amended 3-14-2012]
STREET, ARTERIAL
A street so classified by the Virginia Department of Transportation
or by Frederick County which collects and distributes traffic to and
from collector streets.
STREET, COLLECTOR
A street, so classified by the Virginia Department of Transportation
or by the standards of Frederick County, designed to collect and distribute
traffic to and from local streets.
[Amended 6-25-2008]
STREET ENTRANCE
The location where at-grade access from a street to a parcel
is provided.
[Added 9-12-2001]
STREET INTERSECTION
The location where two or more streets cross at grade without
a bridge.
[Added 9-12-2001]
STREET, LOCAL
A street, so classified by the Virginia Department of Transportation
or by the standards of Frederick County, designed to provide access
to adjoining or abutting properties.
[Amended 6-25-2008]
STREET, PRIVATE
A street that has not been accepted by the County of Frederick
or the Virginia Department of Transportation for use by the public.
[Added 9-12-2001]
STREET, URBAN COLLECTOR
A public or private street that is constructed to the American
Association of State Highway and Transportation Officials (AASHTO)
geometric design standards for urban collector street systems.
[Added 9-12-2001]
STREET, URBAN LOCAL
A public or private street that is constructed to the American
Association of State Highway and Transportation Officials (AASHTO)
geometric design standards for urban local street systems.
[Added 9-12-2001]
STRUCTURE
[Added 8-12-2009; amended 1-13-2021]
A.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not it is affixed to the ground.
All buildings are structures.
B.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
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% of the market value of the structure before the
damage occurred.
[Added 8-12-1992]
SUBSTANTIAL IMPROVEMENT
[Added 8-12-1992; amended 4-23-2014; 1-13-2021]
A.
Any reconstruction, rehabilitation, addition or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
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 an historic structure, provided that the alteration
will not preclude the structure’s continued designation as an
historic structure.
B.
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement, as defined above, must
comply with all ordinance requirements that do not preclude the structure’s
continued designation as an historic structure. Documentation that
a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic Places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
SUPPORT SERVICE
A commercial, industrial, or institutional use providing
a specific service for employees and patrons of hospitals, medical
centers, medical offices, clinics, and schools of medicine.
[Added 9-12-2001]
TELECOMMUNICATION FACILITY, COMMERCIAL
Infrastructure, including towers, antennas, panels, microwave
dishes, receiving dishes, equipment building, other transmitting and
receiving components and other accessory structures, used for the
wireless electromagnetic transmission of information, excluding structures
utilized as satellite earth stations and structures utilized for amateur
or recreational purposes such as ham radio or citizen band radio.
[Amended 12-11-2019]
TEMPORARY FAMILY HEALTH CARE STRUCTURE
A transportable residential structure, providing an environment
facilitating a caregiver's provision of care for a mentally or physically
impaired person, that i) is primarily assembled at a location other
than its site of installation; ii) is limited to one occupant who
shall be the mentally or physically impaired person, or, in the case
of a married couple, two occupants, one of whom is a mentally or physically
impaired person, and the other requires assistance with one or more
activities of daily living as defined in § 63.2-2200, as
certified in writing by a physician licensed in the commonwealth;
iii) has no more than 300 gross square feet; and iv) complies with
applicable provisions of the Industrialized Building Safety Law (§ 36-70
et seq.) and the Uniform Statewide Building Code (§ 36-97
et seq.). Placing the temporary family health care structure on a
permanent foundation shall not be required or permitted.
[Added 8-14-2013]
TEMPORARY TRAILER
A mobile home or trailer to be removed after a designated
time period.
TEMPORARY USE
A use established for a designated fixed period of time with
the intent to discontinue such use upon the expiration of the time
period.
TOURIST HOME
An establishment in a dwelling which supplies temporary accommodation
to up to 14 overnight guests for a fee.
TRACTOR-TRAILER TRUCK
A motor vehicle with a short chassis and a swivel (fifth
wheel), with a trailer pulled by the tractor designed to be used to
haul freight.
TRACTOR TRUCK
Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than
a part of the load and weight of the vehicle attached thereto.
[Added 6-9-1993]
TRACTOR TRUCK TRAILER
The portion of a tractor truck without motive power, designed
for carrying property or passengers wholly on its own structure.
[Added 6-9-1993]
TRANSFEREE
A person or legal entity that owns property in a receiving
area or who receives and holds development rights from a sending property.
[Added 4-28-2010]
TRANSFER OF DEVELOPMENT RIGHTS
The procedure prescribed by this chapter whereby the owner
of a parcel in a sending area may convey development rights to the
owner of a parcel in a receiving area or to another person or entity,
whereby the development rights so conveyed are severed or extinguished
on the sending property and may be exercised on the receiving parcel
in addition to the development rights already existing regarding that
parcel or may be held by the receiving person or entity.
[Added 4-28-2010]
TRANSFER OF DEVELOPMENT RIGHTS LETTER OF INTENT
A letter issued by the Director of Planning and Development
or his designee determining the number of residential development
rights a sending property has available for transfer to a receiving
property or transferee.
[Added 4-28-2010]
TRANSFER OF DEVELOPMENT RIGHTS (TDR) CERTIFICATE
A letter issued by the Director of Planning and Development
or his designee agreeing to sever a specified number of residential
development rights from a sending property in exchange for a restrictive
deed covenant to which Frederick County is a party to on the sending
property that restricts further development.
[Added 4-28-2010]
TRANSFEROR
The person or legal entity, including a person or legal entity
that owns property in a sending area, who conveys development rights.
[Added 4-28-2010]
TRANSITIONAL SURFACE
Surface which extends outward perpendicular to the runway
center line extended at a slope of seven feet horizontally for each
foot vertically from the sides of the primary and approach surfaces
to where they intersect the horizontal and conical surfaces.
TRASH HEAP
An area where trash, garbage or other solid wastes are deposited
without being covered by a sanitary fill.
TREATMENT HOME
A residential facility for persons of all ages recovering
from alcohol and/or drug addiction where supervision, rehabilitation
and counseling are provided to the residents.
[Added 9-12-2001; amended 6-13-2012]
TREE, DECIDUOUS
Trees which drop their foliage annually before becoming dormant.
[Added 9-12-2001]
TREE, EVERGREEN
Trees with foliage which remain green year-round.
[Added 9-12-2001]
TRIP ENDS
The total trips entering and leaving a specific land use
or parcel over a designated period of time.
TRUCK
Every motor vehicle designed to transport property on its
own structure independent of any other vehicle and having a registered
gross weight in excess of 7,500 pounds.
[Added 6-9-1993]
USE
Any purpose for which a lot or structure may be designed,
arranged, intended, maintained or occupied or any activity, occupation,
business or operation carried on a parcel of land.
UTILITY-SCALE SOLAR POWER GENERATING FACILITIES
Any personal property designed and used primarily for the
purpose of collecting, generating, or transferring electric energy
from sunlight. Any such facility primarily designed or intended to
offset personal energy consumption by the owner of the facility does
not constitute a utility-scale solar power generating facility.
[Added 1-8-2020]
VARIANCE
A reasonable deviation from those provisions regulating the
shape, size or area of a lot or parcel of land, or the size, height,
area, bulk or location of a building or structure when the strict
application of this chapter would unreasonably restrict the utilization
of the property, and such need for a variance would not be shared
generally by other properties, and provided that such variance is
not contrary to the purpose of this chapter.
[Amended 11-12-2015]
VIOLATION
For floodplain management purposes, violation includes the
failure of a structure or other development to be fully compliant
with the County's floodplain management regulations. A structure or
other development without the elevation certificate, other certifications,
or other evidence of compliance required in this chapter is presumed
to be in violation until such time as that documentation is provided.
[Added 8-12-2009; amended 4-23-2014; 1-13-2021]
WAREHOUSING, MEDICAL AND ALLIED HEALTH
A structure or facility designed for the storage of medical
supplies, equipment, furniture and fixtures associated with medical
and allied health services.
[Added 9-12-2001]
WASTE RECOVERY AND RECYCLING FACILITY
A residential recreational community facility for the collection
and recycling of household materials that are generated by its residents.
[Added 8-9-2000]
WATERCOURSE
A lake, river, creek, stream, wash, channel or other topographic
feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood
damage may occur.
[Added 8-12-2009; amended 1-13-2021]
WELLNESS CENTER
A structure or facility designed to provide recreational,
educational, and medicinal benefits to the public.
[Added 9-12-2001]
WETLANDS
Areas that are inundated or saturated by surface or groundwater
at a frequency or duration sufficient to support, and that under normal
conditions does support, a prevalence of vegetation typically adapted
for life in saturated soil conditions, and that is subject to a perpetual
easement permitting inundation by water.
[Amended 4-23-2003]
ZONING ADMINISTRATOR
The administrative officer designated by the Frederick County
Board of Supervisors to administer this chapter.