November 11, 1957.
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F ir, At the Regular Meeting of the Board of Supervisors of Frederick County, rginia, held in the Supervisors' Room over the Clerk's Offic on the 11th day of November, T . _
P- R- E- S -E -N -T
C. M. Rosenberger, Chairman; B. 0. Brumback, L. R. Omps, C. E. Garber and
Grover Teets.
The minutes of the last meeting held on the 14th day of October, 1957,
were read and approved.
REPORTS
Earl Cather, Harry L. McCann, Earl S. Bailey, Robert L. De Haven, Joseph A.
Massie, Jr., John Wolfe, Agnes Shirley, Claude Coffman and Dr. A. L. Lindall.
Reports of Earl Cather, Game Warden; Harry L. McCann, Treasurer, Earl S.
Beiley, Commissioner of the Revenue; Robert L. De Haven, Sheriff; Joseph A. Massie, Jr., Common-
wealth's Attorney; John Wolfe, County Agent; Agnes Shirley, Demonstration Agent; Claude Coffman,
Road Engineer; and Dr. A. L. Lindall, Health Officer; were read and approved.
PLANNING COMMISSION - ZONING ON ROUTE # 11 NORTH
As advertised the following is a report, of the Frederick County Planning
Commission made on the 7th day of November, 1957:
Pursuant to a resolution of the Board of Supervisors of Frederick County,
Virginia, referring to the planning Commission the Petition of owners and residents,of real
estate in Frederick County, Virginia, situate in the Rest Church area of said County, for a
zoning of said area, the Planning Commission proceeded to hold a public hearing after the notice
of the same was published in the Winchester Evening Star. After due consideration of the Peti-
tion and matters pertinent thereto, the Planning Commission of Frederick County, Virginia,
resolved as follows:
RESOLVED: That the area described in said Petition of Frederick County,
in Rest Church area of said County, be zoned as an addition to Zoned Area B along U. S. Highway
11 under the same conditijns and terms as set forth in the last addition to Zoned Area B. A
copy of the proposed Ordinance is attached hereto and made a part of this Report.
AN ORDINANCE
PROVIDING FOR AN AMENDMENT AND ENLARGEMENT OF ZONED AREA "B" OF FREDERICK COUNTY, VIRGINIA, FROM
THE INTERSECTION OF U. S. ROUTE NO. 11 AND VIRGINIA SECONDARY HIGHWAY NO. 668 THENCE ALONG ROUTEI
668 TO [ITS ENTERSECTEON WITH THE RIGHT OF WAY OF THE 'PENNSYLVANIA RAILROAD: THENCE NORTHWARDLY
ALONG THE RIGHT OF WAY OF THE PENNSYLVANIA RAILROAD TO THE VIRGINIA -WEST VIRGINIA LINE: THENCE
NORTHWESTWARDLY ALONG THE VIRGINIA -WEST VIRGINIA LINE TO A POINT 1 FEET WEST OF ITS INTER -
SECTION WITH THE WEST SIDE OF THE RIGHT OF WAY OF U. S. HIGHWAY NO. 11: THENCE SOUTMIARDLY
PARALLELING U. S HIGHWAY NO. 11 TO A POINT 1 FEET WEST OF THE INTERSECTION OF U. S. HIGHWAY
NO. 11 AND VIRGINIA SECONDARY HIGHWAY NO. 668: THENCE EASTWARDLY TO THE POINT OF BEGINNING, IN
STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA, AND PROVIDING FOR PENALTY OF VIOLATIONS THEREOF.
WHEREAS, the hereinafter described area of Frederick County, Virginia, has
become completely residential in use and purpose and considerable sums of money have been spent
on the said residential property; 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 general welfare be
protected; and,
PJHERLAS, in order to maintain said value and the general welfare of the
citizens of the hereinafter described area it is necessary that this area be zoned for residen- 1
tial purposes only, with certain exceptions as hereinafter setforth or as hereafter may be
decreed for the general welfare of all of the residents and property owners of said area; and,
NOW, THEREFORE, BE IT ORDAINED: All of the following enclosed area as
hereafter described shall be restricted to residential purposes only:
Beginning at the intersection of U. S. Route No. 11 and Virginia Secondary
Highway No. 668, thence along Route 668 to its intersection with the right of way of the Penn-
sylvania Railroad; thence Northwardly along the right of way of the Pennsylvania Railroad to the '_
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Virginia -West Virginia Line; thence Northwestwardly along the Virginia -West Virginia Line to a
point 1,000 feet West of its intersection with the West side of the right of way of U. S. High-
way No. 11; thence Southwardl
y paralleling U. S. Highway No. 11 to a point 1,000 feet West of
the intersection mf U. S. Highway No. 11 and Virginia Secondary Highway No. 668; thence East- j
wardly to the point of beginning.
2. The said area shall be declared residential area and the properties
therein shall not be used, owned, leased or occupied for any purpose except for the following,
then only upon the following reservations and restrictions and subject to the conditions of
confirmation hereinafter set forth;
a. Single detached dwelling.
b. Church or place of worship:
c. Public parks or playgrounds.
d. Hospitals
e. School, public or private.
f. Private garage for use with the dwelling.
g. Agricultural pursuits.
h. Accessory buildings and uses incident to any of the above uses which
are located on the same lot and not involved in the conduct of retail business, wholesale busi-
ness, manufacturing or processing business.
i. Drug .stores.
J. Apartment houses built and designed for that purpose.
3. The following are uses in conformance with the above descriptijns:
a. Real estate signs advertising the sale, rental or lease of only the
premises on which they are maintained, not over eight (8) square feet in area..
b. 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,
surgeon, 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 advertising except a small professional name plate, not to exceed 144 square inches
in area.
4. Customary home occupations, such as millinery or dress making, pro-
vided there is no display of goods visible from the street or highway, and no exterior adver-
tisement except for a small announcement sign, not to exceed 144 square inches in area, attached
flat to the wall of the buildings: provided that such occupation shall be carried on by a per-
son only within the dwelling used as his private residence; and further provided that such occu-
pation does not occupy more than one -third of the area of the residence and shall not be carried
on in an accessory building.
5. The advertising of renting of rooms or the furnishing of table board
in a dwelling occupied as a private residence, may be displayed by one sign visible from the
street to advertise such use, not to exceed 144 square inches in area.
6. Any non - conforming structure destroying as much as 80% of the
appraisal value shall not be replaced. No storage tank, pump, machinery or filling station for
fmx the delivery of gasoline or other fuel to motor vehicles for commercial, wholesale or retail
purposes shall be erected, installed or operated upon the streets or side walks or in or upon
any property located within the area hereby described and zoned.
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7. There shall be no outdoor advertising of any commercial or
industrial business or enterprises or of any of the products thereof. Any outdoor advertising
I
signs of any commercial or industrial business or enterprise or of any of the products thereof
already erected 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 persons, firm, or
corporation owning the business or enterprise which advertised the same, shall remove said signs
j from that property in this zone within six (6) months from the date of the passage of this ordi-
nance. I
8. The minimum size of the residence to be constructed and erected
from the 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 it is located.
9. No building of any nature whatsoever shall be constructed, I
erected or maintained from the date of the passage of this ordinance within Seventy -five (75)
feet of the western and eastern boundaries of U. S. Highway 11. No dwelling shall be erected
closer than six (6) feet to the boundary line of the sides or rear of said lots and all vacant
lots must be kept clear of weeds, waste and all types of debris and clear of stagnant waters.
10. No dwelling within this area shall consist of any type of
trailers, semi - trailers, motor vehicles or other temporary shelter, nor shall there be permitted)
i in this area any motor courts, auto courts or other tourist accomodations; this does not effect
persons renting rooms in their dwellings to permanent or semi- permanentiesidents or overnight
lodgers in private dwellings as hereinabove provided.
11. No peddling shall be permitted in this area, except that which 1 ,
may be controlled by the School Board of Frederick County, Virginia. This section does not
apply to the sale of farm or agricultural products.
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12. There shall be no public or private outside privies upon said
lots, and the sewerage on said lots shall be by septic tanks and drain fields system or by
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municipal or commercial sewer system, and both systems must be approved by the State Health
Department.
j 13. All building permits for this area as previously provided for
i by an ordinance of the Board of Supervisors of Frederick County, shall be subject to the approval
or disapproval of the Board of Supervisors of Frederick County, Virginia and will not be issued
by the Commissioner of Revenue of Frederick County, Virginia, until the same has been approved j
by the said Board of Supervisors.
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14. 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 I
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amendment to Zone "B ".
15. Every person convicted of a violation of any of the provisions
of 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 shall !
be a fine of Three Hundred Dollars ($300.00) or 30 days in jail.
16. If any part or parts of this ordinance is judicially declared
,to be illegal or void the remaining part or parts shall continue to remain in full force and
effect.
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ZONING ORDINANCE - ROUTE 11NORTH
The Zoning Ordinance, zoning Route No. 11 North which was advertised for
its third and final reading having been improperly advertised was not considered; and it is
ordered that a special meeting of the Board be held on the 29th day of November, 1957 at 10:00
A.M. for its third and final reading and adoption or rejection; and further the Clerk is ordered
to have published in the Winchester Evening Star on two successive times the following notice:
NOTICE
The Board of Supervisors will hold a public hearing on November 2 9, 1957
at 10:00 A.M. concerning the report of the County Planning Commission for a proposed ordinance
zoning an
area
of
the
County south
from the
Virginia -West
Virginia line
to Virginia Secondary
Road #668
along
U.
S.
Route #11.
The report
may be seen
in the County
Clerk's Office.
WILDE ACRES - PLATS
Upon motion, duly seconded, the Board approved the use of pit privies on
all lots belonging to Wilde Acres.
PLAT - BURNING KNOLLS SUBDIVISION
Upon motion of B. 0. Brumback and seconded by L. R. Omps the plat and
dedication of Burning Knolls Section A.B.B. Realty Co., et als, was approved as presented.
ROADS - FINAL SECONDARY ROAD BUDGET FOR 1957 -1958
Upon motion of Grover Teets and seconded by B. 0. Brumback the following
resolution was adopted:
BE IT RESOLVED, that this Board hereby approves the 1957 -58 Secondary
Road Budget for Frederick County, as submitted by C. H. Coffman, Resident Engineer.
ROADS - OLD LOCATION OF ROUTE 277 * DOUBLE TOLL GATE
Upon motion by Grover Teets and seconded by B. 0. Brumback the following
resolution was adopted:
BE IT RESOLVEDs that Section #1 of the old location of Rt. 277, a distance'
of 0.08 mile as shown on the attached sketch be discontinued in accordance with Section
> > 33-76.1
of the 1950 Code of Virginia, as amended, due to new construction of Project 5534 -02.
VACCINATION OF DOGS
A delegation appeared before the Board and presented a number of petitions
opposing the adoption of the Ordinance for the vaccination of all dogs in Frederick County; and
further, several citizens of the County made requests for the approval or disapproval of said
Ordinance.
( ORDINANCE - VACCINATION OF DOGS
The Ordinance, as recorded in this Book on page 179, which was advertised
for its third and final reading and its adoption or rejection at this meeting; upon motion of
C. E. Garber and seconded by L. R. Omps was unanimously rejected.
BILLS PAYABLE
Accounts totaling $8231.86 were approved and ordered to be paid from the
General County Fund by warrants numbers 17967 to 18111 inclusive; and livestock, fowl claims and
Earl Cather's salary totaling $232.60 were approved and ordered to be paid from the Dog Fund by
warrants numbers 1729 to 1734 inclusive.
UPON MOTION, DULY SECONDED, IT IS ORDERED THAT THE BOARD DO NOW ADJOURN.
CLERK ! AIRMAN