BZAAgenda2022December201.Call to Order
2.Determination of a Quorum
3.Meeting Minutes
3.A.Minutes of November 15, 2022
4.Public Hearings
4.A.Appeal #12-22 of West Oaks Farm Market, LLC
Submitted to appeal the notice of violation as to Frederick County Zoning Ordinance,
Chapter 165, Section 103.03 Conditions. A notice of violation dated September 8, 2022,
from the Zoning Administrator, that the Owner is in violation of the CUP #04-18 for the
property. The property is located at 4305 Middle Road, Winchester, and is identified
with Property Identification Number 74-A-3 in the Back Creek Magisterial District.
5.Other
AGENDA
BOARD OF ZONING APPEALS
TUESDAY, DECEMBER 20, 2022
3:30 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
BZA12-20-22MeetingMinutesNovember15.pdf
BZA12-20-22APP12-22_Redacted.pdf
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Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 20, 2022
Agenda Section: Meeting Minutes
Title: Minutes of November 15, 2022
Attachments:
BZA12-20-22MeetingMinutesNovember15.pdf
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1862 Frederick County Board of Zoning Appeals
November 15, 2022
MEETING MINUTES
OF THE
FREDERICK COUNTY BOARD OF ZONING APPEALS
Held in the Board Room of the Frederick County Administration Building, 107 N. Kent Street,
Winchester, Virginia, on November 15, 2022.
PRESENT: Eric Lowman, Chairman, Red Bud District; Reginald Shirley, III, Opequon District;
John Cline, Stonewall District; Dudley Rinker, Back Creek District and Ronald Madagan, Member
at Large.
ABSENT: Kevin Scott, Vice-Chairman, Shawnee District and Dwight Shenk, Gainesboro
District.
STAFF
PRESENT: Mark Cheran, Zoning Administrator; and Pamala Deeter, BZA Secretary
CALL TO ORDER
The meeting was called to order by Chairman Lowman at 3:30 p.m. and he determined there is a
quorum.
Chairman Lowman led the Pledge of Allegiance.
Chairman Lowman asked if there are any applications for December. Mr. Cheran stated yes, the
cut-off is Friday.
On a motion made by Mr. Rinker and seconded by Mr. Cline, the minutes for the August 16, 2022,
meeting were unanimously approved as presented.
Mr. Cheran mentioned that a letter came in from Walsh & Colucci law firm asking for a
postponement for Appeal #12-22 for West Oak Farm Market. On a motion made by Chairman
Lowman and seconded by Mr. Rinker, the Board postponed Appeal #12-22 to the December
meeting.
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1863 Frederick County Board of Zoning Appeals
November 15, 2022
On a motion made by Chairman Lowman and seconded by Mr. Shirley with a unanimous vote, the
Board determined that that Variance #13-22 for 411 Victory Road, LLC be heard first and then
Appeal #11-22 for Robert Gallalee second.
Chairman Lowman swore in two citizens that would be speaking on the Appeal #11-22 Robert
Gallalee.
PUBLIC HEARING
Chairman Lowman read Variance #13-22 for 411 Victory Road, LLC Submitted to consider a
request for a 3.8-foot rear yard variance to a required 25-foot rear yard required 25-foot side yard
setback which will result in 22.1-foot side yard setback for an accessory structure. The property is
located at Victory Road in Winchester and is identified with Property Identification Number 64-
A-80H in the Shawnee Magisterial District.
Mr. Cheran came forward to present staff report for the Variance # 13-22 for 411 Victory Road,
LLC. Mr. Cheran reiterated the request of setbacks. This request came about when the Applicant
submitted a site plan and during the review process it was noted that the structure couldn’t meet
setback. Staff stated that the Applicant can’t meet the M1 (Light Industrial) setback according to
the way it is laid out. Mr. Cheran presented maps and mentioned that the property is 2.48 acres in
size and the adjoining properties are owned by the Applicant. There is a building on the property
now and the Applicant is asking for an accessory structure building.
Staff read The Code of Virginia criteria for a variance.
1) The property interest for which the variance is being requested was acquired in good faith.
2) The granting of the variance will not be a substantial detriment to adjoining property or nearby
properties in the proximity of that geographical area.
3) The condition or situation of the property concerned is not of so general or recurring as to make
reasonably practicable the formulation of a general regulation to be adopted as an amendment
to the ordinance.
4) The granting of the variance does not result in a use that is otherwise not permitted on such
property or a change in the zoning classification of the property.
5) The relief or remedy sought by the variance is not available through a special exception or the
process for modification of a zoning ordinance.
Mr. Cheran mentioned that Variance request meets the Frederick County Code and the Code of
Virginia. This structure would be consistent with the district.
Staff stated a gentleman is here representing the Applicant. If there were any questions, he would
try to answer.
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1864 Frederick County Board of Zoning Appeals
November 15, 2022
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
A Board member inquired about the setback for retaining wall and fences.
Closed Public Hearing
On a motion made by Mr. Shirley to approve as presented and seconded by Mr. Madagan, Variance
Request #13-22 for 411 Victory Road was unanimously approved.
PUBLIC HEARING
Chairman Lowman read Appeal #11-22 of Robert Gallalee, submitted to appeal the notice of
violation as to Frederick County Zoning Ordinance, Chapter 165, Section 502.04 Permitted Uses:
A notice of violation dated September 7, 2022, from the Zoning Administrator, that the Owner is
maintaining uses on his property that are not permitted in the R5 Zoning District. The property is
located at 212 Cub Trail in Shawneeland and is identified with Property Identification Number
49B01-122-105 in the Back Creek Magisterial District.
Mr. Cheran came forward to present the staff report. Staff presented maps of the parcel and stated
this parcel is located in Shawneeland which the zoning district is R5 (Residential Recreational
Community). The adjoining properties are zoned R5 also.
On August 30, 2022, the Applicant was cited for a violation in regard to livestock and agricultural
animals. such as a cow, goats, chickens, other fowl on the property. Mr. Cheran states, The
Frederick County Zoning Ordinance Chapter 165, Section 502-04 Permitted uses states the
permitted uses and maintaining livestock on the Applicant property is not allowed in the R5 Zoning
District.
Staff gave summary of the background information on the R5 (Residential Recreational
Community) Zoning District. Frederick County added the R5 (Residential Recreational
Community) District in 1973. Section 165-502.04 of the Frederick County Zoning states: “All
uses allowed in the RP (Residential Performance) Zoning District” can occur in the R5 Zoning
District. Livestock or agriculture animals are not permitted uses in the RP Zoning District, nor
does the R5 Zoning District otherwise allow livestock or agricultural animals.
Staff mentioned this property was cited for a zoning violation for horses on the property in 1994.
This property was subject to a Board of Zoning Appeals (BZA) case (#008 -94) on September 20,
1994, that allowed this property to have horses. The minutes do not address oth er livestock or
agriculture animals, only horses.
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1865 Frederick County Board of Zoning Appeals
November 15, 2022
Mr. Cheran states that the Board must affirm or overrule the decision of the Zoning Administrator
as to Section 165-502.04 Permitted Uses, that livestock and agricultural animals are not allowed
on this property or in the R5 (Residential Recreation Community) District.
A Board member asked what is the acreage of the property? Mr. Cheran replied 1.3 acres.
The Applicant, Robert Gallalee came forward. Mr. Gallalee states he was given the wrong date
for the meeting. He thought the meeting was 11 -22 but that is his appeal file number. He also
states he has letters from neighbor supporting his appeal.
Mr. Gallalee stated that the property was listed as a farmette in July 2020 when purchased. The
property had a barn and fence, so I was under the impression that livestock animals were allowed.
Since I have purchased the property, I have replaced the barn and added chicken coop and rabbit
pens. I am trying to provide my family with the cleanest, safest natural food with no preservatives.
The Applicants family consumes all the food. The Applicant noted that certain additives to food
can lower the IQ of a child.
Mr. Gallalee mentioned that residents in Shawneeland were telling him there was a variance on
the property and animals has always been on the property. Upon receipt of violation letter, the
Applicant started researching in the Planning Department found an appeal in 1994 for Laura
Roberts. The appeal was granted to have horses. The Applicant finds horses to be livestock so he
assumed he could have livestock.
The Applicant is appealing because the 1994 appeal for Laura Roberts says she can have horses
and horses are livestock. The violation letter says no livestock allowed and the Applicant’s
definition is horses are livestock. Applicant has a cow, goat, chickens, and other/fowl which is
considered livestock. Mr. Gallalee ask Staff how many horses could he have? The reply was as
many as you want.
The next point of the appeal is that Shawneeland was taken over by Frederick County, because the
original developer was unable to complete the project. The Applicant’s understanding in reading
the zoning ordinance is that if this is to be R5 District that after every 30 dwellings structures there
should be a recreational area and other amenities. The Applicant believes that Frederick County
has not fulfilled their obligations. Mr. Gallalee stated that with R5 there is to be open space. The
only open space provided is the Sanitation Department Maintenance Office and their parking lot.
As far as neighbor concerns about the livestock, Mr. Gallalee states he is at the top of the mountain
and to build would be costly as far as well and septic. The adjacent properties won’t build because
they would be looking directly into my house. The only neighbors are in the distance and he can
see the dwelling in the fall. The Applicant has invested his time and resources in his property and
is unable to purchase another location for livestock. In closing, the Applicant states that there has
been livestock in the R5 for over 30 years.
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1866 Frederick County Board of Zoning Appeals
November 15, 2022
A Board member ask Mr. Gallalee if he had considered pigs on his parcel because pigs are
livestock. A Board member stated if several pigs were on the property the neighbor would smell
their odor. The Applicant stated I wouldn’t have several pigs for several reason but I would
consider maybe one or two.
Britney Kerns came forward to speak. Ms. Kerns stated that their parcel is cleaned daily, and she
is teaching the children the life cycle of an animal. She addressed the Board member concern
about pigs. Britney stated she worked on a farm where there was pigs and I have no desire to have
any because of the odor. We are trying to teach the children how to live a simple and to live off
the land and grow products that are natural with no preservatives.
Chairman Lowman opened the floor to anyone in favor or opposition to come forward. No one
came forward.
Closed Public Hearing
A Board member asked if there is an ordinance as to how far a pig farm can be from an adjoining
property. Staff stated yes, but that is only in the RA (Rural Areas) District. Staff reiterated that
Mr. Gallalee could have livestock in the RA District on any size of property, but his property is in
the R5 District.
Staff mentioned the last two years the Board of Supervisors directed staff to study the chickens in
the RP (Residential Performance) District. Staff presented several scenarios for the RP District.
Now if the Board had amended the ordinance with one of the scenarios the R5 District could have
chickens as well, but the ordinance didn’t pass.
A Board member stated that on top of that mountain should be RA District not R5. Mr. Cheran
mentioned that only the Board of Supervisors can change the district.
Chairman Lowman inquired as to the next step if the Board upholds the Zoning Administrator
decision. What is the next step for the Applicant? Mr. Cheran stated that Mr. Gallalee has 30 days
to Appeal to the Circuit Court. Chairman Lowman inquired about a CUP (Conditional Use
Permit). Staff replied that is not an option.
A Board member inquired that in 1994 BZA allowed for horses on that parcel could this Board
say they could have 10 chickens. Mr. Cheran replied no. You are here to either uphold decision
of Zoning Administrator or not. Now if you don’t agree with Zoning Administrator decision
County Attorney would approach the Board of Supervisors.
County Attorney Rod Williams commented that I am not sure why in 1994 the Board at that time
allowed horses. In the minutes, it clearly states horses and not livestock. The notice of violation
letter states livestock.
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1867 Frederick County Board of Zoning Appeals
November 15, 2022
It is my understanding that this Board has no right to go against the Zoning Ordinance which states
the uses on R5 property. Some other R5 District properties have an air strip or boating, but this is
a permitted use in the R5 District. The R5 does not list livestock as a use.
A Board member inquired as to a Variance for the Applicant. Mr. Cheran said the Applicant
cannot obtain a variance.
Mr. Gallalee addressed the possibility of chickens in the RP District. This vote was 4 to 3. I spoke
to a Supervisor. The vote was narrow.
Mr. Gallalee reiterated that Frederick County took over the Shawneeland and he doesn’t have the
amenities like other R5 communities. I think Frederick County should be held accountable for the
R5 District since they took over Shawneeland. Mr. Gallalee reiterated that he doesn’t want a lot
of animals and he was under the impression that he could have animals.
Several members of the board expressed their concerns but no alternative in this situation.
Suggestion was made to speak to Planning Commissioners and Board of Supervisors. A suggestion
was made that Applicant can speak to the Board of Supervisors about changing The Frederick
County Ordinance.
On a motion made by Mr. Rinker on appeal #11-22 to uphold the Zoning Administrator decision
and seconded by Mr. Madagan, the vote was unanimous to uphold.
On a motion by Chairman Lowman to adjourn meeting and second by Mr. Madagan at 4:50, the
Board adjourned.
________________________________
Eric Lowman, Chairman
________________________________
Pamala Deeter, Secretary
8
Board of Zoning Appeals
Agenda Item Detail
Meeting Date: December 20, 2022
Agenda Section: Public Hearings
Title: Appeal #12-22 of West Oaks Farm Market, LLC
Attachments:
BZA12-20-22APP12-22_Redacted.pdf
9
APPEAL #12-22
WEST OAKS FARM MARKET, LLC.
Staff Report for the Board of Zoning Appeals
Prepared: December 9, 2022
Staff Contact: Mark R. Cheran, Zoning Administrator
______________________________________________________________________________
This report is prepared by the Frederick County Planning Staff to provide information to the
Board of Zoning Appeals to assist them in making a decision on this request. It may also be
useful to others interested in this zoning matter.
BOARD OF ZONING APPEALS HEARING DATE:
December 20, 2022
Public Hearing Action Pending
LOCATION: The subject property is located at 4305 Middle Road, Winchester.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 74-A-3
PROPERTY ZONING & USE: Zoning: RA (Rural Areas) District
Land Use: Special Event Facility and Restaurant
ADJOINING PROPERTY ZONING & USE:
North: RA (Rural Areas) Use: Agricultural/Residential
East: RA (Rural Areas) Use: Public School/Open Space/Agricultural
South: RA (Rural Areas) Use: Open Space/Agricultural
West: RA (Rural Areas) Use: Residential
APPEAL: To appeal the notice of violation, as to Frederick County Zoning Ordinance, Chapter 165,
Section 103.03 Conditions: A notice of violation dated September 8, 2022, from the Zoning
Administrator, that the Owner is in violation of the CUP #04-18 for the property.
ZONING ADMINISTRATOR DETERMINATION: The above-referenced property is
subject to Conditional Use Permit (CUP) #04-18 approved by Frederick County, on May 9,
2018, for a Special Event Facility and Restaurant with the following conditions attached to the
CUP:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of the
10
Frederick County Zoning Ordinance, shall be submitted to and approved by Frederick
County prior to the establishment of the use.
3. Building permits shall be acquired prior to establishment of the restaurant use.
4. Special events shall start no earlier than 8 a.m. and all events and related activities shall
conclude by midnight.
5. Special events may accommodate up to and not to exceed 275 persons.
6. One (1) monument style sign with a maximum sign area not to exceed 50 square
feet (SF) and not to exceed 10 feet (FT) in height is permitted.
7. Any expansion or modification of this use will require the approval of a new CUP.
Staff received a complaint that a stage had been constructed and is being used for outdoor music
events, with a picnic shelter also being used for these events. Staff visited the property on August 26,
2022, noted two (2) stages that were constructed on the above-referenced property and that the
picnic shelter was being used for outdoor seating with a bar. In addition to the seating within the
picnic shelter it was noted that outdoor seating has been added to the patio area of the restaurant.
Staff cited the applicant for violation of Section 165-103.03 of the Frederick Zoning Ordinance that
requires all conditions of an approved Conditional Use Permit (CUP) shall be complied with. The
property is in violation of CUP #04-18, specifically, violation of Conditions #1 and #7 of the CUP.
With respect to condition #1, to date, there is no record of a building permit application or approval
for the picnic shelter, two stages, and additional seating for the restaurant. These additional uses are
also a violation of Condition #7, which requires a new CUP for expansion or modification of the use.
REASON FOR APPEAL: The Applicant states that the structures referenced in the NOV, and their
use, “are exempt from Conditional Use Permit requirements based on Virginia’s broad and
protective agritourism legislation.”
STAFF COMMENTS: The only issue this Board of Zoning Appeals must address is to affirm or
overrule the Zoning Administrator’s decision regarding the Frederick County Zoning Ordinance,
Section 165-103.03, Conditions of Conditional Use Permits. The property is in violation of CUP
#04-18 specifically, violation of Conditions #1 and #7 of the CUP. With respect to condition #1, to
date, there is no record of a building permit application or approval for the picnic shelter, two stages,
and additional seating for the restaurant. These additional uses are also a violation of Condition #7,
which requires a new CUP for expansion or modification of the use.
STAFF CONCLUSIONS FOR THE DECEMBER 20, 2022 MEETING: Staff is requesting the
Board of Zoning Appeals to affirm the decision of the Zoning Administrator in the administration of
the Frederick County Zoning Ordinance, Section 165-103.03, Conditions, regarding CUP#04-18.
11
CARROLLTONESTATESSubdivision
SPRINGDALE GLENSubdivision
THE ORCHARDSubdivision
74 A 3
950CARTERS LN
1485SPRINGDALE RD 634SPRINGDALE RD
1711SPRINGDALE RD
4255MIDDLE RD
834SHADYELM RD
4555MIDDLE RD
1662SPRINGDALE RD
1640SPRINGDALE RD
1755SPRINGDALE RD
1783SPRINGDALE RD
1720SPRINGDALE RD
1686SPRINGDALE RD
1786SPRINGDALE RD
1744SPRINGDALE RD
1690SPRINGDALE RD221GERMANY RD
203GERMANY RD
161GERMANY RD
4661MIDDLE RD
141GERMANY RD
4701MIDDLE RD
4685MIDDLE RD
115GERMANY RD
4771MIDDLE RD
110BARLEY LN
4743MIDDLE RD 4687MIDDLE RD
452BARLEY LN
4750MIDDLE RD 4719MIDDLE RD
4253MIDDLE RD
4706MIDDLE RD4724MIDDLE RD
4668MIDDLE RD
4708MIDDLE RD 4639MIDDLE RD
4654MIDDLE RD
4275MIDDLE RD
4101MIDDLE RD
395LICKSKILLET LN
395LICKSKILLET LN
4670MIDDLE RD 4618MIDDLE RD
4556MIDDLE RD
140LICKSKILLET LN
4536MIDDLE RD
4468MIDDLE RD 4063MIDDLE RD
4338MIDDLE RD
4482MIDDLE RD
344RUBINETTEWAY
121RUBINETTEWAY
210RUBINETTEWAY321RUBINETTEWAY
179RUBINETTEWAY 119CHEIFTON PL
116CHEIFTON PL
265RUBINETTE WAY
131CHEIFTON PL
4070MIDDLE RD
260RUBINETTEWAY
195RUBINETTEWAY
161CHEIFTON PL
SPRINGDALE RD CHEIFTON PLR U B IN E TTE W A Y
LICKSKILLET LN
M ID D LE R D
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: October 11, 2022
Stephens City
M ID D LE R D
SPRINGDALE RDBARLEY LN
GERMANY RDSHADY ELM RDCAR TER S LN LOY CIRG
R
A
S
S
Y L
N
0 1,000 2,000500 Feet
APP # 12 - 22: West Oaks Farm Market, LLCPIN: 74 - A - 3Appeal (Violation)Zoning Map
BRUSH CREEK RD
APP #12 -22
12
CARROLLTONESTATESSubdivision
SPRINGDALE GLENSubdivision
THE ORCHARDSubdivision
74 A 3
950CARTERS LN
1485SPRINGDALE RD 634SPRINGDALE RD
1711SPRINGDALE RD
4255MIDDLE RD
834SHADYELM RD
4555MIDDLE RD
1662SPRINGDALE RD
1640SPRINGDALE RD
1755SPRINGDALE RD
1783SPRINGDALE RD
1720SPRINGDALE RD
1686SPRINGDALE RD
1786SPRINGDALE RD
1744SPRINGDALE RD
1690SPRINGDALE RD221GERMANY RD
203GERMANY RD
161GERMANY RD
4661MIDDLE RD
141GERMANY RD
4701MIDDLE RD
4685MIDDLE RD
115GERMANY RD
4771MIDDLE RD
110BARLEY LN
4743MIDDLE RD 4687MIDDLE RD
452BARLEY LN
4750MIDDLE RD 4719MIDDLE RD
4253MIDDLE RD
4706MIDDLE RD4724MIDDLE RD
4668MIDDLE RD
4708MIDDLE RD 4639MIDDLE RD
4654MIDDLE RD
4275MIDDLE RD
4101MIDDLE RD
395LICKSKILLET LN
395LICKSKILLET LN
4670MIDDLE RD 4618MIDDLE RD
4556MIDDLE RD
140LICKSKILLET LN
4536MIDDLE RD
4468MIDDLE RD 4063MIDDLE RD
4338MIDDLE RD
4482MIDDLE RD
344RUBINETTEWAY
121RUBINETTEWAY
210RUBINETTEWAY321RUBINETTEWAY
179RUBINETTEWAY 119CHEIFTON PL
116CHEIFTON PL
265RUBINETTE WAY
131CHEIFTON PL
4070MIDDLE RD
260RUBINETTEWAY
195RUBINETTEWAY
161CHEIFTON PL
SPRINGDALE RD CHEIFTON PLR U B IN E TTE W A Y
LICKSKILLET LN
M ID D LE R D
Application
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: October 11, 2022
Stephens City
M ID D LE R D
SPRINGDALE RDBARLEY LN
GERMANY RDSHADY ELM RDCAR TER S LN LOY CIRG
R
A
S
S
Y L
N
0 1,000 2,000500 Feet
APP # 12 - 22: West Oaks Farm Market, LLCPIN: 74 - A - 3Appeal (Violation)Location Map
BRUSH CREEK RD
APP #12 -22
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
CERTIFIED MAIL
September 8, 2022
West Oaks Farm Market, LLC
Attn: Mary Virginia Snapp, Registered Agent
229 West Oaks Lane
Winchester, VA 22602
RE: 4305 Middle Road
Property Identification Number (PIN): 74-A-3
Zoning District: RA (Rural Areas)
Dear Ms. Snapp:
The above-referenced property is subject to Conditional Use Permit (CUP) #04-18
approved by Frederick County, on May 9, 2018, for a Special Event Facility and
Restaurant. Staff received a complaint that a stage had been constructed and is being used
for outdoor music events, with a picnic shelter also being used for these events. Staff
visited the property on August 26, 2022, noted two (2) stages that were constructed on
the above-referenced property and that the picnic shelter was being used for outdoor
seating with a bar. In addition to the seating within the picnic shelter it was noted that
outdoor seating has been added to the patio area of the restaurant.
CUP #04-18 was approved with the following conditions:
1. All review agency comments shall be complied with at all times.
2. An illustrative sketch plan, in accordance with the requirements of Article VIII of
the Frederick County Zoning Ordinance, shall be submitted to and approved by
Frederick County prior to the establishment of the use.
3. Building permits shall be acquired prior to establishment of the restaurant use.
4. Special events shall start no earlier than 8 a.m. and all events and related
activities shall conclude by midnight.
5. Special events may accommodate up to and not to exceed 275 persons.
6. One (1) monument style sign with a maximum sign area not to exceed 50 square
feet (SF) and not to exceed 10 feet (FT) in height is permitted.
7. Any expansion or modification of this use will require the approval of a new
CUP.
22
Page 2
RE: 229 West Oaks Lane
September 8, 2022
The property is in violation of CUP #04-18, specifically, violation of Conditions #1 and #7
of the CUP. With respect to condition #1, to date, there is no record of a building permit
application or approval for the picnic shelter, two stages, and additional seating for the
restaurant. These additional uses are also a violation of Condition #7, which requires a
new CUP for expansion or modification of the use.”.
In accordance with Section 165-103.03 of the Frederick County Zoning Ordinance, all
conditions of an approved Conditional Use Permit (CUP) shall be complied with. The
absence of a building permit for the two (2) stages, picnic shelter, and expansion of the
seating for the restaurant on the above-referenced property constitutes a violation of the
provisions of Section 165-103.03This office will allow thirty (30) days from receipt of
this letter to resolve these violations. Failure to comply with the Frederick County Zoning
Ordinance will result in a criminal complaint being filed against you.
You may have the right to appeal the above notice of violation within 30 days of the date
of this letter in accordance with Section 15.2-2311 of the Code of Virginia. This decision
shall be final and unappealable if it is not appealed within 30 days. Should you choose
to appeal, the appeal must be filed with the Zoning Administrator and the Board of
Zoning Appeals (BZA) in accordance with Article X, Section 165-1001.02(A)(1), of the
Frederick County Zoning Ordinance. This provision requires the submission of an
application form, a written statement setting forth the decision being appealed, the date of
decision, the grounds for the appeal, how the appellant is an aggrieved party, any other
information you may want to submit, and a $250.00 filing fee. Once the appeal
application is accepted, it will be scheduled for public hearing and decision by the BZA.
If you have any questions, contact me at 540-665-5651.
Zoning Administrator
cc: Mark Fleet, Building Official
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