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HomeMy WebLinkAboutJune 30, 1950At a Specipl Meeting of the Board of Supervisors of Frederick i ounty, Virginia, held in the Supervisors Room over the Clerk's Office on the 30th day of June, 1950• P R E S E N T L. B. Whitacre, Chairman, Ellsworth Dodson, Grover Teets and . 0. Brumback. The purpose of this meeting, which was advertised in the Winchester Star, was to hear citizens of Frederick County, State their views for or against the Zoning Ordinance of the James Wood High School as advertised and also to discuss the third and final reading of said ordinance and the passage of the same. Upon motion of Ellsworth Dodson and seconded by B. 0. Brumback the Ordinance as recorded below passed.iis third and final reading and was adopted. the Clerk is ordered to have the same published in the Winchester Evening Star one time each week for two successive weeks. AN ORDINANCE PROVIDING FOR ZONING FOR DWELLING PURPOSES ONLY, ALL LANDS, SURRDUNDING THE JAMES WOOD CONSOLIDATED COUNTY HIGH SCHOOL OF FREDERICK COUNTY, VIRGINIA AND PROVIDING FOR PENALTY OF VIOLATIOI•J THEREOF. E Whereas the County of Frederick, Virginia and the School Board of the said County has caused to be erected on the South side of U. S. Highway #50, approximately mile West of the City limits of Winchester, Virginia, a new High School building which will consolidate all of the high schools of Frederick County Virginia and will accommodate japprokimately I,000 or more students each day; and, WHEREAS considerable money has been spent in the erection of said school; and, WHEREAS the U. S. Highway #50 is a heavily traveled motor vehicle (Highway and presents a constant danger to all students of the James Wood Consolidated Frederick County High School, who must use said highway; and, WHEREAS it would be a constant temptation and diversion of these students to have business enterprises located near the school which would cause them to leave their classes and to travel upon foot upon this heavily used highway; and, WHEREAS the area surrounding said school is primarily a residential area where property values of the said residences would be depreciated if business enterprises were located thereon. NOW THEREFORE WITNESSETH: All of the following enclosed area as hereafter described shall be restricted to residential purposes only: I. Beginning on the Southern boundary of the right of way of U. S. Highway #50 and at the middle of the intersection of Virginia State Highway #62I, commonly called Merrimenh Lane and proceeding Southwardly in the middle of said road for a distance of Two Thousand (2 feet, thence turning Eastwardly and paralleling U. S. Highway #50 t the Western City Limits of Winchester, Virginia. Thence Commencing on the Northern boundaz of the right of way of U. S. Highway #50 opposite the intersection with Virginia State Highway #62I or Merriman's Lane and going Northwardly in a straight line perpendicular to the said U. S. Highway #50 for a distance of Two Thousand (2,000) feet, thence turning Eastwardly and paralleling U. S. Highway #50 to the Western City Limits of Winchester, Virginia, thence turning Southwardly and - continuing along the Western City Limits of Winchester, Virginia to the intersection of the line previously described as paralleling U. S. Highway #50, Two Thousand (2,000) feet South of the said Highway. 386 "^". 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 follow then only upon the following reservations and restrictions and subject to the conditions of confirmation hereafter set forth: a. Single, detached dwelling. b. Church or place of worship. c. Public parks or playgrounds. d. Hospital. e. School, public or private. f. Private garage. g. Agricultural pursuits. h. Accessory buildings and uses incident to any of the above uses i are located on the same lot and not involved in conduct of retail business, wholesale business, manufacturing or processing business. 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 tha ,esidence not involving the conduct of a business, but including an office of a physician, surgeon, dentist, artist, musician, lawyer, architect, teacher 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 I44 square inches in ea. 3. Customary home occupations, such as millinery or dress making, rovided there is no display of goods visible from the street and nol. exterior advertisement xcept for a small announcement sign, not to exceed I44 square inches in area, attached lat to the wall of the building; provided that such occupation shall be carried on by a erson only within the dwelling used as his private residence; and further provided that uch occupation does not occupy more than one -third of the area of the residence and shall of be carried on in an accessory building. 4. The renting of rooms or the furnishing of table board in a dwelling upied as a private residence, providing there is no display visible from the street sign boards attached to advertise such use, except for one small announcement sign, not exceed I44 square inches in area and attached flat to the wall of such dwelling. 5 , iny use existing on June 30 1950 may, be continued even though such does not conform with the provisions of this ordinance( However, in the event such conforming use is discontinued for a Deri -6A of Six (6) consecutive months, then such use shall terminate and revert to the conforming use of this area. c Any non - conforming structure destroying as much as 80% of the apprais lue shall not be replaced. No storage tank, pump, machinery or filling station for the elivery of gasoline or other fuel to motor vehicles shall be erected, installed or perated upon the streets of side walks or in or upon any property located within the area by described and zoned. 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 S penalty shall be a fine of Three Hundred Dollars ($300.00) or 30 days in jail. 1 There shall be no outdoor advertising of any commercial or industrial business or enterprise or of any of the products thereof, The size of the residences to be constructed and erected from the date 387 b r of the passage of this ordinance shall be 900 square feet on the main floor and shall cost 1 not less then Six Thousand Dollars ($6,000.00). `] 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 Northern boundary of U. S. Highway #50 or within Seventy Five (75) feet of the Southern boundary of U. S. Highway #50 or within Fifty (50) feet of the Eastern boundary of the rigk of way of Virginia State Highway #62I. )� No dwelling within this area shall consist of any type of trailers, (semi- trailers, motor vehiclesor other temporary sheltel!?, nor shall there be permitted in this area any motor court, auto court or other tourist accommodations; this does not affect persons renting rooms in their dwelling to permanent or semi- permanent residents as hereinabove provided. ii No peddling, soliciting or other type of portable corarerical selling shall be permitted in this area, except that which may be controlled by the School Board of Frederick County, Virginia and the School Officials of the James Wood Consolidated High School, upon the said school property during athletic contests and other such school endeavors. it 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 r issued by the Commissioner of Revenue of Frederick County until the same havebeen approved by the planning commission, and the Board of Supervisors. 13 It is especially provided for herein that the School Board of Frederick County, Virginia may maintain an underground storage tank or tanks with proper pump machinery for the delivery of gasoline to motor vehicles, to be used in the school buses of Frederick County in the rear of the James Wood Condolidated County High School, the same shall be subject, however, to any special requirements for the safety as may be provided for by the Board of Supervisors of Frederick County. , //{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. I If any part or parts of this ordinance ane judicially declared to be illegal or void the remaining part or parts shall continue to remain in full force and e Upon motion duly made by P. E. Lineberg and seconded by J. R. Cooper unanimously passed by the planning commission of Frederick County, Virginia, after public hearing thereon as part of a larger plan to be adopted by Frederick County, Virginia, the above ordinance is hereby certified to the Board of Supervisors of Frederick County, Virginia for their action. Upon motion it is ordered that the Board do now adjourn. ff o� P n o Clerk / ` CHAIRMAN , e t.