[Amended 11-12-2003]
This chapter is intended to promote the health,
safety and general welfare of the public and the orderly development
of Frederick County. This chapter is intended to accomplish the purposes
listed in § 15.2-2200 of the Code of Virginia, as amended.
In addition, it is intended that this chapter provide one means to
achieve the goals set forth in the Frederick County Comprehensive
Plan.
[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]
To physically touch or border upon or to share a common property
line.
A way or means of vehicular or pedestrian approach to provide
physical entrance to a property.
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]
A distance buffer which contains no building or principal
structure of activity but which may contain an accessory use or activity.
A structure added to the original structure at some time
after the completion of the original.
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.
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 Department of Mental
Health, Mental Retardation and Substance Abuse 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]
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.[1]
[Added 8-13-1997]
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]
A group of soils identified as prime farmland by the Soil
Survey of Frederick County Virginia, prepared by the United States
Department of Agriculture.
[Added 4-23-2003]
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]
Any of the following activities:
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.
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.
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.
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]
Winchester Regional Airport.
The highest point on any usable landing surface expressed
in feet above mean sea level.
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.
The traveled way by which vehicles enter and depart parking
spaces.
Any change in the total floor area, use or external appearance
of an existing structure.
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.
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.
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]
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.
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]
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.
Any lot or parcel upon which more than five inoperable motor
vehicles which are exposed to the weather are placed, located or found.
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]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
[Added 8-12-1992; amended 8-12-2009]
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]
Any area of the building having its floor subgrade (below
ground level) on all sides.
[Added 8-12-2009]
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]
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.
A mound of earth utilized to separate and screen land uses.
[Added 9-12-2001]
A board whose members are appointed by the Circuit Court
for the express purpose of considering and acting on variances and
zoning appeals.
A dwelling or part thereof where, for compensation, lodging
and meals are provided to boarders.
A structure, or portion thereof, designed for or used for
servicing, repair, or equipping boats, but not including boat sales.
[Added 4-14-2021]
An open area used to separate one use from another.
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]
A distance buffer which may be located within a residential
lot that is permitted to contain accessory structures.
[Added 5-8-2002]
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]
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.
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]
A development which includes multiple buildings and uses.
Shopping Centers, Industrial Parks, and Office Parks are types of
Business Parks.
[Added 2-13-2008]
The diameter of a tree as defined by the American Association
of Nurserymen.
[Added 9-12-2001; amended 4-23-2003]
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.
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.
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]
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]
Buildings or structures primarily intended for the conduct
of organized religious services and associated accessory uses.
A designated area void of buildings, structures, fences,
berms and vegetation.
[Added 9-12-2001]
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]
Private, fee-supported, outdoor facilities used for athletic,
training, recreational or park purposes that utilizes supervised athletic
or recreational activities.
A public or private fee-supported recreational facility located
indoors or outdoors that may include swimming pools, court games and
other similar activities.[2]
[Added 10-25-2000]
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]
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]
Capable of existing together in harmony; congruous.
[Added 9-12-2001]
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.
A use permitted in a particular zoning district only with
the granting of a conditional use permit by the Board of Supervisors.
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]
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]
A surface extending horizontally 20 feet for every one foot
vertically from the periphery of the horizontal surface.
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]
Next to, abutting, or touching and having a boundary, or
portion thereof, that is coterminous.
[Added 9-12-2001]
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]
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.
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.
An occupation or profession customarily carried on in a dwelling
unit or an accessory building, which:
Actually is carried on wholly within the principal
residential building or an accessory building or structure;
Is carried on by no more than one person other
than members of the family residing on the premises;
Is clearly incidental and secondary to the use
of the dwelling unit for residential purposes; and
Serves more than five customers per day.
[Added 11-13-2019]
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]
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]
A commercial establishment for the manufacture and sale of
dairy products.
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]
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]
The transfer of property by the owner to another party.
[Added 9-12-2001]
Complete or partial disturbance, dismantling or taking down
of a structure or site by human effort.
The number of dwellings per area of land.
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.
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]
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]
The Director of the Frederick County Inspections Department.
The Director of the Frederick County Department of Planning
and Community Development.
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]
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.
A zoning district established by this chapter.
The act of stripping vegetation, disturbing the soil, regrading
or development of the land.
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]
An easement established to maintain and protect a drainageway.
Any natural or artificial watercourse, trench, ditch, swale
or similar depression through which surface water flows.
Any driveway, aisle or travel lane which allows customers
to receive goods or services while they remain in their vehicles.
A private travelway for vehicles which provides access to
a public street or road from a parking space, garage, dwelling, structure
or use.[3]
A residential structure or portion thereof which is used
exclusively for human habitation.
[Amended 9-12-2001; 9-23-2009]
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]
DWELLING, SINGLE-FAMILYA structure, not including mobile homes, arranged or designed to be occupied by one household.
DWELLING, DETACHEDA dwelling that is not attached to any other dwelling by any means.
DWELLING, SEMIDETACHEDA dwelling attached to one or more dwellings by a common vertical wall, with each dwelling located on a separate lot.
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.
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]
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]
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]
An easement established to protect and maintain particular
environmental features according to the environmental protection requirements
of this chapter.
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]
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]
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]
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]
A residential facility intended primarily for mentally retarded
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]
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]
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]
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]
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]
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]
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.
The fire protection regulations adopted by the Frederick
County Board of Supervisors.
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]
A structure or facility designed to maintain vehicles, aircraft
and equipment associated with medical and allied health services.
[Added 9-12-2001]
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.[4]
[Added 2-11-1998]
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]
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]
[Added 8-12-2009; amended 4-23-2014]
A general or temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters;
The unusual and rapid accumulation or runoff of surface waters
from any source;
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.
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.
Any land area susceptible to being inundated by water from
any source.[5]
[Amended 8-12-2009]
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]
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.[6]
[Added 8-12-1992; amended 1-13-2021]
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.
The gross floor area of all buildings divided by the lot
area.
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]
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]
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]
Elements of landscape screen plus a six-foot in height opaque
fence, hedge, wall, mound or berm.
[Amended 2-28-2007]
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]
A building or portion thereof, other than a private garage
or public garage, designed or used for body or fender repair or spray
painting.
A deck, building or structure or part thereof used or intended
to be used for the parking and storage of vehicles.
A building or portion thereof, other than a private garage,
designed or used for servicing, repairing or equipping motor vehicles,
but not including spray painting, body or fender repair, service stations
or vehicle sales.
A room or building used for conducting the affairs of a business,
professional, service, industry, or other enterprise.
[Amended 12-13-2023]
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]
A tract of land used for playing golf, improved with tees,
greens, fairways and other features, including accessory uses and
structures.
An area in which individuals drive golf balls from a central
tee.
Offices or facilities owned, leased or operated by government
agencies for government services. See "school" for school use.
[Added 9-14-2005]
The total area of the land contained within the boundaries
of the lot or tract or within the perimeter boundaries of a development.
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.
A residential facility for mentally retarded 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]
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]
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.[7]
[Added 9-12-2001]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
[Added 8-12-2009]
Any structure that is:
[Added 8-12-2009]
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
A farm where hogs are produced and kept.
An occupation or profession customarily carried on in a dwelling
unit, which:
Actually is carried on wholly within the principle
building or structure;
Is carried on by members of the household residing
on the premises;
Is clearly incidental and secondary to the use
of the dwelling unit for residential purposes with no exterior display,
no exterior storage of materials and no exterior indication of the
home occupation or variation from the residential character of the
principle building and neighborhood;
Produces no offensive noise, vibrations, smoke,
dust, heat, odor, glare, traffic hazard or congestion and does not
adversely affect the surrounding properties;
Requires no internal or external alterations
or construction features or equipment or machinery not customary in
residential areas; and
Serves no more than five customers per day.
[Added 11-13-2019]
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal zone.
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.
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]
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]
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]
Any person who is a natural or legally defined offspring,
spouse, sibling, grandchild, grandparent, or parent of the property
owner.
[Added 7-10-2002]
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.
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]
A distance buffer which contains no structures, buildings,
roads, driveways, accessory uses or activities.
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]
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.
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]
A nonprofit or quasi-public use or institution, such as a
church, library, public or private school, hospital or municipally
owned or operated building, structure or land used for public purposes.
An educational institution whose primary purpose is to provide
a collegiate or graduate education.
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]
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.
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]
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.
A sanitary landfill site used for the disposal of solid wastes
beneath layers of soil and other materials.
A landscaped easement containing plants or other features
approved by this chapter which provide a complete visual screen.
[Amended 2-28-2007]
A term referring to the average day-night sound level for
areas adjacent to the Winchester Regional Airport.
A map showing the average day-night sound levels of 65 LDN
and above for areas adjacent to the Winchester Regional Airport.
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]
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]
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]
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]
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.
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.
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.
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]
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]
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]
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]
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]
An off-street area containing loading spaces and maneuvering
areas, as well as their associated driveways.
[Amended 3-13-2002]
An off-street space used for loading or unloading by commercial,
industrial, public, or semipublic vehicles.
[Added 3-13-2002][8]
A designated parcel, tract or area of land established or
to be established by plat or subdivision or previously established
as a recorded lot.
The total area within the lot lines of a lot.
A lot abutting two or more streets at their intersection.
The distance between the front lot line and the rear lot
line measured at the maximum distance.
The line separating a lot from a street right-of-way.
The lot line opposite and parallel to the front lot line
or within 45° of being parallel to the front lot line.
Any lot line other than front or rear lot lines.
A lot for which a plat or survey description has been legally
recorded with the Frederick County Clerk of the Court.
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]
The horizontal distance between side lot lines.
The lowest natural elevation of the ground surface next to
the walls of a structure.
[Added 1-13-2021]
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]
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]
A traveled way by which commercial, industrial, public, or
semipublic vehicles enter and depart loading spaces.
[Added 3-13-2002]
A traveled way, including driveways and aisles, by which
vehicles enter and depart parking spaces.
[Added 9-12-2001]
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
[Added 1-13-2021]
The mechanical or chemical transformation of materials and
substances into new products, including the assembly of component
parts and the blending of materials.
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]
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 related facilities, activities, and personnel, including
administrative, clinical support, and general support services and
personnel.
[Added 9-12-2001]
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]
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.
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.
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.[9]
[Amended 8-11-1993; 8-12-2009; 1-13-2021]
A parcel (or contiguous parcels) of land or a subdivision
divided into two or more manufactured home lots for rent or sale.
[Added 8-12-2009]
Businesses engaged in the maintenance, service or repair
of motor vehicles.
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.
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]
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]
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]
A required easement within the Winchester Regional Airport's
noise abatement area as specified in the Airport District.[10]
Any structure within an HA District not listed as a contributing
structure.
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.
Uses which raise plant materials or sell plant materials
and related products.
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.
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.
A development primarily devoted to office uses, containing
two or more uses within a single master development or site plan.
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]
Not transparent or translucent.
[Added 6-9-1993]
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]
An area of land devoted to the cultivation of fruit trees.
[Added 9-12-2001]
An area devoted to organized shooting and target shooting.
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]
An individual, firm, association, syndication, partnership
or corporation having sufficient proprietary interest to seek development
of land.
A lot or tract of land.
A tract of land designated and used for active and passive
recreation.
A vehicle access aisle used to provide direct access to a
parking space in a parking lot.
An off-street, paved parking area containing parking spaces,
aisles and other improvements.
Means by which individuals can travel on foot outside of
private lots and street travelways.
The exterior boundary of a development contained within a
single site plan or master development plan.
A development contained in the R4 Residential Planned Community
District.
The Frederick County Planning Commission.
A structure for which construction or substantial improvement
occurred on or after July 17, 1978.
[Added 1-13-2021]
A structure for which construction or substantial improvement
occurred before July 17, 1978.
[Added 1-13-2021]
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.
The voluntary offering of conditions to be placed on the
approval of a rezoning.
A private, nonprofit organization or corporation of property
owners, established to own, operate and maintain various common facilities
or properties.
A residential facility for persons protected pursuant to
the provisions of the Federal Fair Housing Act.
[Added 9-12-2001]
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]
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]
A water or sewer system owned and operated by a municipality
or public authority.
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]
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]
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]
A place or facility designed, equipped and used for the conduct
of sports, leisure-time activities and other recreational activities.
A vehicle which is:
[Added 8-12-1992]
Built on a single chassis;
Four hundred square feet or less when measured
at the largest horizontal projection;
Designed to be self-propelled or permanently
towable by a light-duty truck; and
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational camping,
travel or seasonal use.
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]
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]
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]
A facility for transient guests where the primary attraction
is recreational features or activities.
A facility in which food and drinks are prepared, served
and consumed.
A roof-like structure designed to cover a retail petroleum
pump island.
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.
To change the zoning district classification of a particular
lot, parcel or area.
Land dedicated or reserved for or occupied by a road, railroad,
utility or other similar use.
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]
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.[11]
[Amended 3-14-2012]
A specified area on an airport prepared for landing and takeoff
of aircraft along its length.
An open area, the natural features of which are visually
significant or geologically or botanically unique.
[Added 4-9-1997]
[Amended 10-27-1999]
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.
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.
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]
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]
Any use which ceases operation for at least three months
in a year.
[Added 8-14-2002]
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.
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]
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]
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]
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.
The required distance between a building or structure and
a lot line.
The required distance between a street right-of-way line
and the front line of a building or structure.
The required distance between a building or structure and
the rear lot line of the lot containing the building or structure.
The required distance between a building or structure and
the side lot line of the lot containing the building or structure.
A structure that:
[Added 1-13-2021]
Is covered under a contract for flood insurance made available
under the NFIP; and
Has incurred flood-related damage:
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
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.
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.
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]
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.
Any occupancy of all or part of a dwelling or mobile home
for a period of 30 days or less.
[Added 9-28-2022]
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]
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.
 |
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.
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.
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.
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.
SIGN, FLASHINGAny sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever.
SIGN, ILLUMINATEDAny sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.
SIGN, INCIDENTAL WINDOWAny sign displayed in a window.
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.
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.
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.
 |
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.
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.
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.
SIGN, RESIDENTIAL SUBDIVISION IDENTIFICATIONAny sign which denotes the name of a residential subdivision, condominium, or apartment complex.
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.
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.
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.
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.
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.
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]
Any depression in the surface of the ground which provides
a means through which surface water can enter directly into subsurface
aquifers.
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]
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]
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]
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]
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]
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]
Land areas where the slope exceeds 35%.
[Amended 8-9-2000; 4-23-2003; 1-26-2022]
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]
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]
A street so classified by the Virginia Department of Transportation
or by Frederick County which collects and distributes traffic to and
from collector streets.
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]
The location where at-grade access from a street to a parcel
is provided.
[Added 9-12-2001]
The location where two or more streets cross at grade without
a bridge.
[Added 9-12-2001]
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]
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]
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]
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]
[Added 8-12-2009; amended 1-13-2021]
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.
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.
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]
[Added 8-12-1992; amended 4-23-2014; 1-13-2021]
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:
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
Any alteration of an historic structure, provided that the alteration
will not preclude the structure’s continued designation as an
historic structure.
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.
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]
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[12]]
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]
A mobile home or trailer to be removed after a designated
time period.
A use established for a designated fixed period of time with
the intent to discontinue such use upon the expiration of the time
period.
An establishment in a dwelling which supplies temporary accommodation
to up to 14 overnight guests for a fee.
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.
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]
The portion of a tractor truck without motive power, designed
for carrying property or passengers wholly on its own structure.
[Added 6-9-1993]
All or that portion of development rights that are transferred
or are transferable.
[Added 4-28-2010]
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]
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]
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]
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]
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]
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.
An area where trash, garbage or other solid wastes are deposited
without being covered by a sanitary fill.
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]
Trees which drop their foliage annually before becoming dormant.
[Added 9-12-2001]
Trees with foliage which remain green year-round.
[Added 9-12-2001]
The total trips entering and leaving a specific land use
or parcel over a designated period of time.
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]
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.
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]
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]
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]
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]
A residential recreational community facility for the collection
and recycling of household materials that are generated by its residents.
[Added 8-9-2000]
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]
Any structure or land used for the sale of agricultural or
horticultural produce, livestock or merchandise produced by the owner
or his family on their farm.
A structure or facility designed to provide recreational,
educational, and medicinal benefits to the public.
[Added 9-12-2001]
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.[13]
[Amended 4-23-2003]
The administrative officer designated by the Frederick County
Board of Supervisors to administer this chapter.
[1]
Editor's Note: The former definition of "adult treatment home,"
added 9-12-2001, which immediately followed this definition, was amended
6-13-2012. See now the definition of "treatment home."
[2]
Editor’s Note: The former definition of "commercial
telecommunication facility," which immediately followed, was changed
to "telecommunication facility, commercial" 12-11-2019.
[3]
Editor's Note: The former definition of "drug treatment home,"
added 9-12-2001, was repealed 6-13-2012. See now the definition of
"treatment home."
[4]
Editor's Note: The definition of “Flood-Fringe District,”
which followed this definition, was repealed 8-12-2009.
[5]
Editor's Note: The definition of “floodplain district,”
which immediately followed this definition, was repealed 8-12-2009.
[6]
Editor's Note: The definition of “Floodway District,”
which immediately followed this definition, was repealed 8-12-2009.
[7]
Editor's Note: The former definition of "height," which immediately
followed this definition, was amended and moved to maintain the alphabetical
order of definitions. See now the definition of "building height."
[8]
Editor's Note: The definition of "local government
services office," added 11-10-2004, which immediately followed this
definition, was repealed 9-14-2005. See now "government services office."
[9]
Editor's Note: The definitions of “mobile home park”
and “mobile home subdivision,” which immediately followed
this definition, were repealed 8-12-2009.
[10]
Editor's Note: The definition of "nonconforming
use," which immediately followed this definition, was repealed 8-14-2002.
See now the definition of "legally nonconforming sign," "legally nonconforming
structure" or "legally nonconforming use."
[11]
Editor's Note: The definition of "road efficiency
buffer," which immediately followed this definition, was repealed
5-8-2002. See now the definition of "buffer, road efficiency."
[12]
Editor's Note: This ordinance also repealed the former definition
of "telecommunications towers," which immediately followed, said term
effectively superseded by definitions in Code of Virginia § 15.2-2316.3.
[13]
Editor's Note: The definition of "woodlands,"
which immediately followed this definition, was repealed 4-23-2003.
[Added 8-12-2009]
The headlines of the sections printed in boldface type are intended
as mere catchwords to indicate the contents of the sections and do
not constitute part of the ordinance.
This chapter shall establish regulations concerning
the use of land, the dimensions of lots and uses and other supplementary
development regulations to achieve the intentions of this chapter.
This chapter establishes districts throughout the County and regulations
applicable to each district.
A.
In all districts established by this chapter, any
new lot, use or structure shall be constructed, developed and used
only in accordance with the regulations specified in this chapter.
B.
In all districts, after the effective date of this chapter, any existing lot, use or structure which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations of Article IX of this chapter.
[Amended 11-12-2003]
C.
The provisions of this chapter are not intended to
interfere with, abrogate or annul other rules, regulations or chapters,
provided that where this chapter imposes greater restriction than
imposed by such other restrictions, the provisions of this chapter
control.
D.
The use of land and structures shall be limited to
only uses that are specifically allowed by this chapter. All other
uses not expressly permitted are prohibited.
E.
Only uses that meet all applicable federal, state
and local regulation shall be allowed.
All portions of the land area of Frederick County
are included in particular zoning districts as described by this chapter.
The districts are delineated on an official set of maps maintained
by the Frederick County Zoning Administrator and located in the office
of the Zoning Administrator. The official zoning maps shall constitute
a part of this chapter by reference.[1]
A.
No changes shall be made to the Zoning Maps except
in conformance with the requirements and procedures set forth in this
chapter.
B.
The Frederick County Zoning Administrator shall be
responsible for maintaining said maps and shall be authorized to interpret
said maps to determine the zoning status of land areas in the County.
C.
District boundaries. Unless district boundary lines
are clearly established on the Zoning Maps by lot lines, surveyed
boundaries or other fixed boundaries, the following rules shall apply
in determining the boundaries of zoning districts:
(1)
Where district boundaries are indicated to follow
or be at right angles to streets, alleys or railroad rights-of-way,
such boundary shall be construed to follow the center line of such
streets or rights-of-way.
(2)
Boundaries indicated as approximately following
platted lot lines shall be construed to follow said lot lines.
(3)
Boundaries indicated to approximately follow
corporate limits or other boundaries of Frederick County shall be
construed to follow said boundaries.
(4)
Boundaries indicated to approximately follow
streams, creeks, runs, lakes or other bodies of water shall be construed
to follow the center line of small streams or shall follow the actual
shoreline of larger bodies, and if such shoreline changes, the boundary
shall follow said shoreline.
(5)
Boundaries indicated as parallel to or extensions
of zoning boundaries otherwise described shall be so construed. Distances
not specifically indicated shall be determined by the scale of the
map.
(6)
Interpretations concerning the location of boundary
line shall be made by the Zoning Administrator. The interpretation
of the Zoning Administrator may be appealed to the Board of Zoning
Appeals following procedures set forth in this chapter.
[1]
Editor's Note: The Official Zoning Maps are
on file and available for inspection in the office of the Zoning Administrator.
A.
The Zoning Administrator shall be responsible for
the interpretation and administration of this chapter. The Zoning
Administrator shall be appointed by the Board of Supervisors and shall
serve under the direction of the Director of Planning and Development,
who shall also be appointed by the Board of Supervisors. The Director
of Planning and Development shall also have the administrative authority
as specified by this chapter. The Director of Planning and Development
and the Zoning Administrator shall also have the authority to delegate
various administrative responsibilities to other members of the County
staff.
B.
The Zoning Administrator shall have the authority
to order, in writing, the remedy of any noncompliance with this chapter.
The Zoning Administrator shall also have the authority to bring legal
action to ensure compliance, including injunction, abatement or other
appropriate action or proceeding.
C.
The Zoning Administrator shall also have the authority
to make interpretations concerning the application of the requirements
in this chapter. Interpretations of the Zoning Administrator may be
appealed to the Board of Zoning Appeals following procedures set forth
in this chapter.
A.
No building or structure shall be used, occupied,
developed, located, relocated, constructed, reconstructed, enlarged
or structurally altered except in compliance with the terms and provisions
of this chapter and any other applicable ordinances and regulations.
Compliance shall require the issuance of a permit by the Director
of Code Administration.
B.
No land shall be used, occupied or developed or lots
created or altered except in compliance with the terms and provisions
of this chapter and any other applicable ordinances and regulations.
C.
Any person who proposes to construct or alter any
building or use or alter the use of any building, structure or land
shall apply for a permit from the Director of Code Administration.
Such application shall include all information necessary to determine
if the requirements of this chapter have been met. The Director of
Code Administration shall submit this application to the Zoning Administrator,
who shall certify whether the proposed use is in compliance with this
chapter. If such proposed use is not in compliance with this chapter,
the Director of Code Administration shall refuse to issue a permit
for the use.
D.
No use or structure shall be occupied until a certificate
of occupancy has been issued by the Director of Code Administration.
No certificate of occupancy shall be issued unless all requirements
of this chapter have been met.
It shall be a violation of this chapter to make
any use of land in a fashion not expressly permitted by this chapter.
A.
Misdemeanor. Any person(s), firm or corporation, whether
owner, lessee, principal, agent, employee or otherwise, who violates
any provision of this chapter or who uses land or constructs or alters
structures in a fashion that is not in conformance with the requirements
and procedures in this chapter shall be guilty of a misdemeanor. Upon
conviction of such misdemeanor, such person(s), firm or corporation
shall be subject to punishment by a fine of not less than $ 10 nor
more than $1,000. If this violation is uncorrected at the time of
conviction, the court shall order the violator to abate or remedy
such violation in compliance with the Zoning Ordinance, within a time
period established by the court. Failure to remove or abate a zoning
violation within a specified time period shall constitute a separate
misdemeanor offense punishable by a fine of not less than $10 nor
more than $1,000; any such failure during a succeeding ten-day period
shall constitute a separate misdemeanor offense punishable by a fine
of not less than $10 nor more than $1,500; and any such failure during
any succeeding ten-day period shall constitute a separate misdemeanor
offense for each ten-day period punishable by a fine of not less than
$10 nor more than $2, 000.
[Amended 12-9-1992; 10-10-2001; 6-10-2020]
B.
Complaints. Whenever a violation of this chapter occurs
or is alleged to have occurred, any person may file a complaint to
the Zoning Administrator, stating fully the case and basis of the
complaint. The Zoning Administrator shall record such complaint immediately
and investigate and take action as provided by this chapter.
C.
Notification. When the Zoning Administrator determines
that a violation has occurred, a notice of the violation shall be
served to the person committing or permitting the violation. The notice
of the violation shall specify the nature of the violation and shall
order that the violation cease within a reasonable time specified
by the Zoning Administrator.
D.
Appeal. The interpretation of the Zoning Administrator
that a violation has occurred may be appealed to the Board of Zoning
Appeals following procedures set forth in this chapter. The order
to cease the violation may be stayed until the appeal is heard, provided
that the appeal is filed on a timely basis.
E.
Enforcement. If the violation continues after the
time period specified in the notice of violation expires, the Zoning
Administrator may initiate injunction, mandamus or any other appropriate
action to ensure compliance with this chapter. In addition, the Frederick
County Attorney or other prosecuting attorney appointed by the Board
of Supervisors shall proceed to prosecute the violation.
[Amended 6-11-2008]
F.
Civil penalties. The Board of Supervisors may adopt
an ordinance which establishes a uniform schedule of civil penalties
for violations of specific provisions of this chapter according to
the provisions of the Code of Virginia, as amended. Such schedule
of offenses shall not include any zoning violation resulting in injury
to any person or persons. The civil penalty shall be a fine established
by the schedule. The fine shall be in lieu of criminal sanctions,
and except for any violation resulting in injury to any person or
persons, such designation shall preclude the prosecution of a violation
as a criminal misdemeanor.
[6-10-2020]
G.
Any person summoned for a violation subject to a civil
penalty may provide a waiver of trial and admission of liability and
pay the civil penalty to the County Treasurer. Such persons shall
be informed of their right to stand trial and that an admission of
liability will have the same effect as a judgment of the court. If
a person charged with a scheduled violation does not elect to enter
a waiver of trial and admission of liability, the violation shall
be tried in the General District Court as provided for by law. An
admission of liability or finding of liability shall not be a criminal
conviction.
[6-10-2020]
H.
The remedies provided for in this section are cumulative,
not exclusive, and shall be in addition to any other remedies provided
by law.
The Board of Supervisors, the Planning Commission
and the Board of Zoning Appeals may require from an applicant for
rezoning, a conditional use permit, master development plan approval
or variance a complete disclosure of ownership or parties in interest
of real estate for which the application has been made. This disclosure
requirement shall not be construed to require the disclosure of the
names of stockholders, officers and directors of a corporation whose
stock is traded on a national or local stock exchange and having more
than 500 shareholders.
