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April 30, 1951 to May 26, 1951Ae At a Special Meeting of the Supervisors of Frederick County, Virginia, held on the 30th day of April, I951. P R E S E N T Grover Teets. L. B. Whitacre, Chairman, B. 0. Brumback, C. E. Garber and The meeting was called for the purpose of a general discussion,as to renting the County Building which is now occupied by Cecil Bailey's Administrators. Upon motion by Grover Teets and seconded by B. 0. Brumback it was decided not to rent the building at the present time. Upon motion it is ordered that the Board do now adjourn. I� r° - -��-- x�r _ e i _,Chairman 0 At the Regular meeting of the Board of Supervisors of Frederick County, Virignia, held in the Supervisors Room over the Clerk's Office on the, 14th day of May, 1951. PRESENT 11 L. B. Whitacre, Chairman, B. 0. Brumback, Ellsworth Dodson, C. E. Garber and Grover Teets. The minutes of the Regular meeting held on the 9th day of April, 1951, and the Special meeting held on the 30th day of April, 1951 were read and approved. REPORTS: Earl Cather, I. Fred Stine, John Wolfe, B. D. Fleenor, Agnes Shirley, Harry L. McCann, E. S. Bailey and Joseph A. Massie. Reports of Earl Cather, Game Warden, I. Fred Stine, County Agent, John 'Wolfe, Assistant County Agent, B. D. Fleenor, Resident Road Engineer, Agnes Shirley, Home Demonistration Agent, Harry L. McCann, County Treasurer, E. S. Bailey, Commissioner of the Revenue and Joseph A. Massie, Commonwealth's Attorney were read and approved. ROAD VIEWERS: Upon motion duly seconded it is ordered that Sloan Wolfe, A. F. Lillard, J. L. Heishman, e. S. Solenberger and Joseph L. Jolliffe be and hereby are appointed Road Viewers and it is further ordered that they view the following roads as listed in Supervisors Book 9 page - 3 on the 22 day of May 1951. Said viewers to meet in the County Clerk's Office at 9 o'clock A. M. and qualify. (Sub- Division). (1) Road at Kernstown leading Nest .03 mile to Presbyterian Church (2) Route 726 to be extended to Bellview Ave. .03 mile (Sub - Division') (3) Road leading North from Route 340 approximately 1 mile East of Winchester .02 mile east of Winchester, Va. (Sub- Division). 50 (Sub- Division). mile. (4) Road leading East from Route 649 by Old Paper Mill to route (5) Road leading off - Route 600.West toward-Forestry Tower. 1.5 (6) Road leading South from Route 11, South Stephens City through property of Mr. Robert Stickley 2.0 mile. (7) New Road South side of Route 522 at A1bin,.02 mile. (Sub - Division) (8) Woodstock Lane from east corporate limits .3 mile east. �d ASSESSMENT OF MINERAL LAND: In accordance with section 275 of the Code of Virginia. Earl S. Bailey, Commissioner of Revenue, presented the assessment on taxes, on mineral lands under develop pment and mineral lands not under development for the tax year beginning on the lst day of Januarj 1951, and ending on the 31st day of December 1951. Upon motion the said assessment was approved. WELFARE BUDGET: Mr. Walker McC. Bond appeared before the Board and presented the Welfare Budget for the fiscal year. Beginning on the first day of July 1951 and ending on the 30th day of June, 1952. And upon motion duly seconded it was approved as presented. Voting against the approval C. E. Garber. Voting for approval Dodson, Teets and Brumback. ZONING ORDINANCE — AMENDED U. S. #11: Upon motion duly seconded the zoning Ordinance, amended located on U. S. #11, and the Old Charlestown Pike, known as Virginia State Highway #274, and continuing southward to the intersection of U. S. Highway #11, and the Red Bud Road, known as State Highway #661. Passed itsiki.ri and final reading and it is ordered that a Public hearing be held on I Saturday the 26th day of May at two o'clock P. M. 1951. PARKING METERS: i Upon motion of B. 0. Brumback and seconded by C. E. Garber it is I ordered that the Committee,(C. E. Garber and L. B. Whitacre)on County property, ' purchase parking meters for the Plaza. LAND — GORE SCHOOL: Mr. R. E. Aylor, Superintendent of the Public Schools of Frederick County, Virginia, appeared before the Board and requested that the School Board of Frederick County, be permitted to purchase from George S. Fleet approximately two acres adjoining the present school lot at Gore, Va., and upon motion of Grover Teets and Seconded by B. 0. Brumback the said permission was unanimously granted. SCHOOL CONSTRUCTION: Upon motion duly seconded the following resolutions were passed; "hereas The School Board for the County of Frederick or fity on the 14th day of May, 1951, presented to this Board an application addressed to the State Board of Education of Virginia for the purpose of securing State School Construction Funds in the amount of $4000.00 for the new school building (or for adding to or improving the present school building) at Route 2, Winchester, Va. Resolved, that the application of the County School Board to the State Board of Education of Virginia for $4000.00 from the School Construction 'Fund is hereby approved. The Board of Supervisors for said County, has, or will provide sufficient funds through', I cash appropriations and /or levy, to complete this project. If the School Board has sufficient funds on hand to complete the project, permission is hereby granted for the use of said funds, for the purpose designated in the application. BILLS APPROVED # Accounts totaling $5,724.46 were approved and ordered to be paid from the General County Fund by warrants numbers 13036 to 13078 inclusive and Livestock Claims, Flul Claims & Earl Cather's Salary totaling $80.00 were approved and ordered to be paid from the Dog Fund by VJatrants numbers 1199 to I200 inclusive. r 13 / o -' Upon motion it is ordered that the Board do now adjourn. C.S�Z a ��_ ,Clerk !� �� ,Chairman At a Special Meeting of the Board of Supervisors of Frederick County, Virginia, held in the Supervisors Room over the Clerk's Office, on the 26th day of May, I951. P R E S E N T L. B. Whitacre, Chairman, B. 0. Brumback, C. E. Garber and � °--* CERTIFICATION BY PLANNING COMMISSION FOR AMENDED AREA "B'! Upon motion duly made by Grover Teets and seconded by J. R. Cooper, and unanimously passed by the Planning Commission of Frederick County, Virginia, according to the Statutes of Virginia, and after public hearings thereon, as part of a larger plan to be adopted by Frederick County, Virginia, ,the above ordinance fdr area "B" is hereby certified to the Board of Supervisors of I'rederick County, Virginia for their action. Witness our hands this 21st day.of April, 1951. P.E. LINEBERG, SFCTY, I E. EARL SHADE G. GROVER TEETS J. F. COOPER W. BOYD RAMEY AN AMENDED ORDINANCE PROVIDING FOR CHANGES IN ZONING FOR AREA 'B" OF FREDERICK COUNTY, VIRGINIA, AND ENLARGING AREA "B" FOR RESIDENTIAL PURPOSES ONLY FROM THE INTERSECTION OF U. S. HIGHWAY #II AND THE OLD 'CHAR LEST OVIN PIF.E -, KNOWN AS VIRGINIA STATE HIGHWAY #274, AND CONTINUING SOUTHWARDLY TO THE INTERSECTION OF U. S. HIGHWAY #II AND THE RED BUD RUN AND FROM THE INTERSECTION OF U. S. HIGHWAY #II AND THE RED BUD ROAD , KNOWid AS VIRGINIA STATE HIGHWAY #661, EAST'PIARDLY 1350 FEET, AND BEING 400 FEET IN WIDTH FROM THE OF WAY ON EHCH SIDE OF SAID HIGFN!AYS, AND OTHER PROVISIONS AND RESTRICTIONS) INCLUDING PENALTIES FOR VIOLATION THEREOF. WHEREAS the hereinafter described area of Frederick County, Virginia has become almost completely residential in use and purposes and considerable sums of money have been spent on dwellings and surrounding properties; and, WHEREAS it is the desire of the vast majority of the citizens living in the hereinafter described area of Frederick County, Virginia that their property values be maintained; and, WHE in order to maintain said values and uses it is necessary that this area be zoned for residential purposes only,.with exceptions to be decreed for the general welfare of the residents and property owners of said area, by the Planning Commission of Frederick County, Virginia. NOW THEREFORE WITNESSETH: All of the following enclosed area as herein- after described shall be added to zone "B" of Frederick County, Virginia and shall be restricted to residential purposes only with certain exceptions as hereinafter stated: I. Beginning at the intersection of the Old Charlestown Pike, also known as Virginia State Highway #274, and U. S. Highway #II, and continuing Southwardly along said U. S. Highway #II to the intersection of the said U. S. Highway #II and 4 stream of creek known as Red Bud Run, which flows on the Worth side of the Super Service Trucking Terminal, and having a width of Four Hundred (400) feet Eastward and Westward from the Eastern and Western boundaries of the right of way of U. S. Highway #II, 2. Commencing at the intersection of U. S. Highway #II and Virginia State Highway #66I, and going Eastwardly Thirteen Hundred Fifty (1350) feet along said Virginia State Highway #661, and having a width of Four Hundred (400) feet Northward and Southward from the 14 North and South boundary of said Virginia State Highway #661. The said area shall be declared residential area and the properties ,therein shall not be used, owned, leased or occupied for any purposes except the following, then ; only upon the following reservations and restrictions and subject to the conditions of confirmatign hereinafter set forth: a. Single, detached dwelling. b. Church or place of worship. c. Public parks or play grounds. d. Hospital. e. School, public or private. f. Private garage for use with the dwelling. g. Argicultural pursuits. h. Accessory Buildings and uses incident to any of the above uses which are located in the same lot and not involved in the conduct of retail business, wholesale business, manufacturing or processing business. i. Drug store. J. Apartment houses built and designed for that purpose. The following are uses in conformance with the above descriptions; I. Real estate signs advertising the sale, rental or lease of only the premises on which they are maintained, not over 8 square feet in area. 2. The usual accessory of a residence located on the same lot with that residence not involving the conduct of a business, but including an office of a physician, surgenri, dentist, artist, musician, lawyer, architect, teacher, real estate broker, or other professional persons residing on the premises, provided there is no display visible from the street or I advertising except a small professional name plate, not to exceed I44 square inches in area. 3. Customary home occupations, such as millinery or dress making, provided there is no display of goods visible from the street or highway, and no exterior advertisement except for a small 'announcement sign, not to exceed I44 square inches in area, attached flat to the wall of the building; provided that such occupation shall be carried on by a person only within the dwelling used as his private residence; and further provided that such occupation does not occupy more thean one -third of the area of the residence and shall not be carried on in an accessory building. 4. The renting of rooms or the furnishing of table board in a dwelling occupied as a private residence, providing there is no display visible from the street or sign boards attached to advertise such use, except for one small announcement sign, not to exceed j I 720 square inches in area and attached flat to the wall of such dwelling. 5. Any use existing on may be continued even though such use does not conform with the provisions of this ordinance. However, in the event such non - conforming use is discontinued for a period of Six (6) consecutive months, then such non - conforming use shall terminate and revert to the conforming use of this area. / 6. Any non - conforming value shall not be replaced. No storage tank, of gasoline or other fuel to motor vehicles for — erected, installed or operated upon the streets within the area hereby described and zoned. 7. There shall be no structure destroying as much as 80% of the appraisal rump., machinery or filling station for the delivery commercial, wholesale or retail purposes shall be or side walke or in or upon any property located :)nxdoor advertising or any commercial or industrials business or enterprises or of any of the products thereof. Any outdoor advertising signs of any commercial )r industrial business or enterprise of any of the products thereof already erected Ir 15 and in operation shall be removed from their present locations at the expiration of the lease upon which they have been permitted to be erected upon the property of others, and if erected upon the property of the owner of the business or enterprise, the person, firm or corporation ovming the business or enterprise which advertised the same, shall remove said signs from that property and this zone within Six (6) months from the date of the passage of this ordinance. 8. The size of the residences to be constructed and erected from the it is located. date of the passage of this ordinance shall be 800 square feet in foundation area and shall cost not less than Six Thousand Dollars ($6,000.00), exclusive of value of real estate upon which I 9. No building of any nature whatsoever shall be constructed, erected or maintained from the date of the passage of this ordinance within Fifty (50) feet of the Eastern boundary of U. S. Highway YII or within Fifty (50) feet of the Western boundary of U. S. Highway #II or within Fifty (50) feet of the Southern boundary of the right of way of Virginia State Highway ##661, or within Fifty (50) feet of the Northern boundary of Virginia State Highway #661. I0. No dwellingwithin this area shall consist of any type of trailers, semi - trailers, motor vehicle or other temporary shelter, nor shall there be permitted in this area any motor court, auto court or other tourist accommodations; this does not effect persons renting rooms in their dwelling to permanent or semi - permanent residents or overnight lodgers in private dwelling as hereinabove provided. IT. No peddling, soliciting or other type of portable commercial selling shall be permitted in this area, except that which may be controlled by the School Board of Frederick County, Virginia. I2. All building permits for this area as previously provided for by an ordinance of the Board of Supervisors of Frederick County shall be subject to the approval or disapproval of the Planning Commission of Frederick County, Virginia and will not be issued by the Commissioner of Revenue of Frederick County until the same has been approved by the said Planning Commission. 13. The Planning Commission and the Board of Supervisors reserve the right to reconsider any or all parts of this ordinance at any time in the future and to make changes therein according to the statutes of Virginia, and this area shall be designated as Zone "B ". 14. Every person convicted of a violation of any of the provisions of t this ordinance shall be deemed guilty of a misdemeanor and each day that such violation exists will be deemed to be a separate offense and for each violation thereof the maximum penalty be a fine of Three Hundred Dollar's ($300.00) or 30 days in jail. 15. If any part or parts of this ordinance is judicially declared to be illegal or void the remaining part or Darts shall continue to remain in full force and effect.- The above ordinance passed its 3rd and final reading and upon the motion of B. 0. Brumback and seconded by C. E. Garber was adopted, effective on the 12th day of day of June, 1951. And it is further ordered that a copy of said ordinance be published in the Winchester Evening Star once a week for two successive weeks. - UOon motion it is ordered that the Board do now adjourn.