HomeMy WebLinkAboutPCAgenda2025April161.Call to Order
2.Pledge of Allegiance
3.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
4.Committee Reports
5.Citizen Comments
6.Public Hearings
6.A.Rezoning #03-25 for Royal King Truck Trailer Parking (Royal King Truck
Stop LLC) - (Mr. Klein)
Submitted to rezone +/- 4.35-acres from the B2 (General Business) Zoning District to
the B3 (Industrial Transition) Zoning District with proffers to develop tractor truck and
tractor truck trailer parking. The subject property is identified with Property Identification
Number 33-A-164 and generally located at the terminus of Hopewell Lane and south of
Hopewell Road (Route 672) in the Stonewall Magisterial District.
6.B.Conditional Use Permit #04-25 for Royal King Truck Trailer Parking
(Royal King Truck Stop LLC) - (Mr. Klein)
Submitted to develop tractor truck and tractor truck trailer parking on three (3) parcels
totaling +/- 13.64-acres. The subject properties are identified with Property Identification
Numbers 33-A-164, 33-A-164C, and 33-A-165 and generally located at the terminus of
Hopewell Lane and south of Hopewell Road (Route 672) in the Stonewall Magisterial
District.
6.C.Ordinance Amendment to the Frederick County Code - (Mrs. Peloquin)
AGENDA
PLANNING COMMISSION
WEDNESDAY, APRIL 16, 2025
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC04-16-25REZ03-25CUP04-25_Redacted.pdf
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Additions to define chicken coops and provide additional regulations for
backyard chickens and chicken coops in the RP (Residential Performance), R4
(Residential Planned Community), and R5 (Residential Recreational
Community) Zoning Districts.
Chapter 165 Zoning,
ARTICLE I General Provisions; Amendments; and Conditional Use
Permits:
Part 101 - General Provisions;
§165-101.02 Definitions and Word Usage
ARTICLE II Supplementary Use Regulations; Parking; Buffers; and
Regulations for Specific Uses;
Part 204 - Additional Regulations for Specific Uses;
ARTICLE IV Agricultural and Residential Districts:
Part 402 - RP Residential Performance District;
§165-402.02 Permitted Uses
7.Other
7.A.Current Planning Applications
8.Adjourn
PC04-16-25OA_BackyardChickens.pdf
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Planning Commission
Agenda Item Detail
Meeting Date: April 16, 2025
Agenda Section: Public Hearings
Title: Rezoning #03-25 for Royal King Truck Trailer Parking (Royal King Truck Stop
LLC) - (Mr. Klein)
Attachments:
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Planning Commission
Agenda Item Detail
Meeting Date: April 16, 2025
Agenda Section: Public Hearings
Title: Conditional Use Permit #04-25 for Royal King Truck Trailer Parking (Royal King
Truck Stop LLC) - (Mr. Klein)
Attachments:
PC04-16-25REZ03-25CUP04-25_Redacted.pdf
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REZONING #03-25 & CONDITIONAL USE PERMIT #04-25
Royal King Truck Trailer Parking (Royal King Truck Stop, LLC)
Staff Report for the Planning Commission
Prepared: April 9, 2025
Staff Contact: M. Tyler Klein, AICP, Senior Planner
Executive Summary:
Meeting Schedule
Planning Commission: April 16, 2025 Action: Pending
Board of Supervisors: May 14, 2025 Action: Pending
Property Information
Property Identification Number (PIN) 33-A-164, 33-A-164C, & 33-A-165
Address Terminus of Hopewell Lane; south of
Hopewell Road (Route 672)
Magisterial District Stonewall
Acreage REZ: +/- 4.35-acres (1 parcel)
CUP: +/- 13.64-acres (3 parcels)
Zoning & Present Land Use Zoning: B2 (General Business) & B3
(Industrial Transition)
Land Use: Vacant
Proposed Zoning B3 (Industrial Transition)
Adjoining Property Zoning & Present Land Use
North: B2 (Industrial Transition) Land Use: Truck Repair
South: RA Land Use: Ruritan
East: Railroad, RA & B3 Land Use: Railroad/School/Vacant
West: I-81 Land Use: Interstate
Proposed Use
This is a request to rezone 4.35+/- acres (one parcel) from the B2 (General Business) Zoning
District to the B3 (Industrial Transition) Zoning District with proffers to develop tractor truck
and tractor truck trailer parking and a request for a conditional use permit (CUP) to develop
tractor truck and tractor truck trailer parking on three (3) parcels totaling 13.64+/- acres.
Positives
Concerns
Per VDOT, the proposal will have minimal
impact on the transportation network and the
applicant has an approved Commercial
Entrance Plan from VDOT (12/3/2024).
The proposed rezoning (and CUP) does not
implement uses typically associated with the
“business” land use designation outlined in
the Comprehensive Plan. The proposed
zoning district (B3) and CUP use, tractor
truck, and tractor truck trailer parking, is
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The proximity of the subject properties to the
interstate (Exit 321) and adjoining industrial
uses on Hopewell Lane (including truck
repair) may make the proposal for tractor
truck and tractor truck trailer parking
appropriate.
The proffer statement limits use of the
property to only tractor truck and tractor
trailer truck parking.
typically associated with “industrial” planned
land uses.
The subject property is highly visible from
Interstate 81 and the proposal (proffer
statement nor GDP/CUP exhibit) does not
address “high quality site design elements,”
such as “enhanced buffers and screening,”
envisioned in the NELUP.
Review Agency Comments:
Review Agency
Comment
Date
Comment Summary Status
Frederick
County (FC)
Public Works
March 26,
2024
“We offer no comments at this time.”
FC Fire
Marshal
April 23,
2024
“All future development shall comply
with the Frederick County Fire
Prevention Code.”
FC County
Attorney
March 7,
2025
See attached comment letter. Comments
addressed. Legal
form.
Frederick Water March 25,
2024
“The Rezoning application and
Conditional Use Permit propose
zoning entitlements to permit Truck
Parking. The proposed Truck Parking
lot will not require extension of
existing water and sewer services, nor
use said services. No further
comment.”
Virginia
Department of
Transportation
(VDOT)
May 8, 2024
“VDOT has reviewed our portion of
the rezoning application of tax map
property 33-A-1644. The traffic
impact will be minimal on Hopewell
Road and we have no issues with the
rezoning as presented.”
“VDOT has reviewed the Conditional
Use Permit applied for by Royal King
Truck Stop LLC truck parking and
can approve with the following
comments. A VDOT approved
entrance will need to be constructed
Comments
addressed.
Commercial
Entrance Plan
approved by
VDOT on
December 3, 2024.
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Page 3 of 6
according to the Road Design Manual
Appendix F. I am also attaching
VDOT's Commercial Entrance Site
Plan checklist that will be required to
be filled out in its entirety and
attached to the submitted plans.”
Planning & Zoning Staff Analysis:
Application Proposal & Site History:
This is a request to rezone +/-4.35-acres from B2 (General Business) Zoning District to the B3
(Industrial Transition) Zoning District with proffers and for a conditional use permit (CUP) to
establish “tractor truck and tractor truck trailer parking” on three (3) properties totaling +/-13.64-
acres. If approved, the applicant could develop 158 truck and truck trailer parking spaces as
outlined on their generalized development plan (GDP).
Rezoning #02-96 (Dr. Raymond Fish) was approved on June 12, 1996 to rezone the subject
properties from RA (Rural Area) Zoning District to the B2 Zoning District, and B2 to the B3
Zoning District with proffers. The approved proffer statement only requires a contribution to
local fire and rescue services and does not limit what uses may be developed.
Comprehensive Plan Conformance:
The Comprehensive Plan (adopted November 2021) and the Northeast Frederick Land Use Plan
(NELUP, 2023) provide guidance on the future development of the subject property. The Plan
identifies the subject properties with a “business” land use designation and as being within the
limits of the Sewer and Water Service Area (SWSA), and the Clearbrook and Brucetown Rural
Community Center. Brucetown is one of the oldest communities located in the County and contains
a number of significant historic structures. The plan further states:
“Given that the Clearbrook-Brucetown Rural Community Center extends to I-81 in close
proximity to Exit 321, it should be recognized that viable commercial uses in that area will
likely need to meet the needs of interstate travelers as well as the surrounding residents.”
The proposed rezoning (and CUP) does not appear to implement uses typically associated with
the “business” land use designation outlined in the Comprehensive Plan. Rather the proposed
zoning district (B3) and CUP use, tractor truck, and tractor truck trailer parking is typically
associated with “industrial” land uses. The intent of the B3 district as stated in the ordinance is “to
provide for heavy commercial activities, involving larger scale marketing or wholesaling, in
locations that are separate from but in the vicinity of business and industrial areas” (§165-604.01).
However, given the proximity to the interstate (Exit 321) and adjoining industrial uses, the use
may be appropriate if impacts are properly mitigated.
The plan notes areas along highly visible locations and at interstate interchanges should be
“designed to accommodate and promote highway commercial land uses.” Further, NELUP states:
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“As these areas are highly visible, building and site design should be of a high quality to
ensure that these areas put forth an attractive view for both residents and visitors; enhanced
buffers and screening are also important along Interstate 81 and adjoining roadways.”
While there are no proposed buildings, the proposal otherwise does not address Plan policy specific
to high-quality site design including enhanced buffers and screening along Interstate 81. The
property is highly visible from Interstate 81 and the ramp at Exit 321.
Transportation & Site Access:
The Plan does not identify any planned transportation improvements on the subject properties.
Access to the site is proposed from the terminus of Hopewell Lane. Per the VDOT comments
(5/8/2024) a Commercial Entrance Plan is required. The applicant received approval on their
Commercial Entrance Plan on December 3, 2024. Use of the property subject the rezoning (PIN
#33-A-164) is proffered to be limited to only tractor truck and tractor truck trailer parking; the
other subject properties are already zoned B3.
Zoning Ordinance Standard:
“Tractor truck and tractor truck trailer parking” is allowed as a conditional use (requiring a CUP)
in the B3 (Industrial Transition) Zoning District. The Zoning Ordinance (Chapter 165) also
includes additional regulations for the use (§165-204.24):
Tractor truck and/or tractor truck trailer parking facilities in the B3 (Industrial Transition), M1
(Light Industrial) and M2 (Industrial General) Zoning Districts permitted as a primary use with a
conditional use permit. The facilities shall not be located adjacent to residential uses. These lots
shall meet the following conditions:
A. All areas utilized for the parking of tractor trucks and the storage of trailers shall utilize a
gravel or paved surface.
B. All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud,
gravel or the like is not distributed onto roadways.
C. No inoperable tractor trucks or damaged/salvage trailers, or unlicensed trailers shall be
parked or stored on the site.
D. Fuel sales shall not be permitted.
E. Maintenance of trucks and trailers shall not be permitted.
F. Facilities shall be required to landscape the yard area within the front setback to provide
for a double row of evergreen trees that are staggered and planted a maximum of 12 feet
on center. The side and rear yards shall be planted with a single row of evergreen trees
that are planted a maximum of 40 feet in the center. All trees shall be a minimum of four
feet in height at the time of planting. The Board of Supervisors may allow for alternative
landscaping based on topography and/or adjacent land uses.
G. A site plan in accordance with the requirements of Article VIII shall be submitted to and
approved by Frederick County.
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Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis:
Proffers
(Dated 03/10/2025)
Staff Comment
Proffer 1 – Land Use No comment.
Proffer 2 – Transportation No comment.
Proffer 3 – Limitations No comment.
The generalized development plan (GDP) dated January 15, 2025, is included below and shows
the limits of the proposed parking area and Zoning Ordinance required plantings along the
property frontage.
Conditions of Approval (Recommendation):
Should the Planning Commission find the use to be appropriate, staff would suggest the following
conditions for the conditional use permit (CUP):
1. A site plan in accordance with the requirements of Article VIII shall be submitted to and
approved by Frederick County prior to the establishment of the use. The site plan should
address additional regulations for specific uses for Tractor Truck and Tractor Truck Trailer
Parking contained in §165-204.24 and comply with all review agency comments.
2. Any expansion or modification of this use shall require a new CUP.
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Requested Action:
Following a public hearing staff are seeking two (2) recommendations from the Planning
Commission to forward to the Board of Supervisors:
1. A r ecommendation on the proposed rezoning application to rezone one parcel totaling +/-
4.35-acres from the B2 Zoning District to the B3 Zoning District with proffers; and
2. A recommendation on the proposed conditional use permit application for tractor truck and
tractor truck trailer parking on three (3) parcels totaling +/-13.64 acres.
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STONEWALLACRESSubdivision
CEDAR HILLESTATESSubdivision
£¤11
§¨¦81
§¨¦81
33 A 165
33 A 164
33 A 164C
136RURITANWAY
136RURITANWAY 3165MARTINSBURGPIKE
508QUARRY LN
3154MARTINSBURG PIKE
3172MARTINSBURGPIKE3162MARTINSBURGPIKE
3333MARTINSBURGPIKE
3381MARTINSBURGPIKE
920HOPEWELL RD
227HOPEWELL LN 113HOPEWELL LN
113HOPEWELL LN
117HOPEWELL LN 125HOPEWELL LN
125HOPEWELL LN
H O P EW ELL LN
MARTINSBURGPIKEWAVERLY RDApplication
Sewer and Water Service A rea
Parcels
B2 (General Business District)
B3 (Industr ial Transition District)
EM (Ex tractive Manufacturing District)µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: March 21, 2025
£¤11
§¨¦81
§¨¦81
§¨¦81 CLEARBROOKDRB R U C E T O W NRDHOPEWELLRD
MICHAELDRFAIRG ROU NDRD HOPEWELL LNWAVERLY RDMARTINSBURG PIKEClear Brook
0 350 700175 Feet
CUP # 04 - 25 and REZ # 03 - 25: R oyal King Truck Trailer Parking (R oyal King Truck Stop, L LC)PINs : 33 - A - 164, 33 - A - 164C, 33 - A - 165Tractor T ruc k a nd Trac to r T ruc k T ra iler Parking , Re zoning fro m B2 to B3Zoning Map
CUP #04-25
CUP #04-25
CUP #04-25REZ #03-25
11
STONEWALLACRESSubdivision
CEDAR HILLESTATESSubdivision
£¤11
§¨¦81
§¨¦81
33 A 165
33 A 164
33 A 164C
136RURITANWAY
136RURITANWAY 3165MARTINSBURGPIKE
508QUARRY LN
3154MARTINSBURG PIKE
3172MARTINSBURGPIKE3162MARTINSBURGPIKE
3333MARTINSBURGPIKE
3381MARTINSBURGPIKE
920HOPEWELL RD
227HOPEWELL LN 113HOPEWELL LN
113HOPEWELL LN
117HOPEWELL LN 125HOPEWELL LN
125HOPEWELL LN
H O P EW ELL LN
MARTINSBURGPIKEWAVERLY RDApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: March 21, 2025
£¤11
§¨¦81
§¨¦81
§¨¦81 CLEARBROOKDRB R U C E T O W NRDHOPEWELLRD
MICHAELDRFAIRG ROU NDRD HOPEWELL LNWAVERLY RDMARTINSBURG PIKEClear Brook
0 350 700175 Feet
CUP # 04 - 25 and REZ # 03 - 25: R oyal King Truck Trailer Parking (R oyal King Truck Stop, L LC)PINs : 33 - A - 164, 33 - A - 164C, 33 - A - 165Tractor T ruc k a nd Trac to r T ruc k T ra iler Parking , Re zoning fro m B2 to B3Location Ma p
CUP #04-25
CUP #04-25
CUP #04-25REZ #03-25
12
STONEWALLACRESSubdivision
CEDAR HILLESTATESSubdivision
£¤11
§¨¦81
§¨¦81
33 A 165
33 A 164
33 A 164C
136RURITANWAY
136RURITANWAY 3165MARTINSBURGPIKE
508QUARRY LN
3154MARTINSBURG PIKE
3172MARTINSBURGPIKE3162MARTINSBURGPIKE
3333MARTINSBURGPIKE
3381MARTINSBURGPIKE
920HOPEWELL RD
227HOPEWELL LN 113HOPEWELL LN
113HOPEWELL LN
117HOPEWELL LN 125HOPEWELL LN
125HOPEWELL LN
H O P EW ELL LN
MARTINSBURGPIKEWAVERLY RDApplication
Sewer and Water Service A rea
Parcels
Long R ange Land Use
Business
Mixed Use Industrial/O ffice
Industrial
Extractive Mining
Rural Community Center
Institutional µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: March 21, 2025
£¤11
§¨¦81
§¨¦81
§¨¦81 CLEARBROOKDRB R U C E T O W NRDHOPEWELLRD
MICHAELDRFAIRG ROU NDRD HOPEWELL LNWAVERLY RDMARTINSBURG PIKEClear Brook
0 350 700175 Feet
CUP # 04 - 25 and REZ # 03 - 25: R oyal King Truck Trailer Parking (R oyal King Truck Stop, L LC)PINs : 33 - A - 164, 33 - A - 164C, 33 - A - 165Tractor T ruc k a nd Trac to r T ruc k T ra iler Parking , Re zoning fro m B2 to B3Long Range Land U se M ap
CUP #04-25
CUP #04-25
CUP #04-25REZ #03-25
13
Royal King Truck Stop, LLC
PROFFER
STATEMENT
Proffer
PROPERTY SUBJECT TO REZONING: RZ#: 33-A-164 B2-General Business District
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE OF PROFFERS:
REVISION:
(+/-4.35 acres) to B-3 Industrial Business District
+/-4.35 acres
Royal King Truck Stop, LLC.
IIarpreet Singh, President, Royal King Truck Stop,
LLC.
Truck Trailer parking
March 11th 2024 '
March 10th 2025 '
The undersigned hereby proffers that the use and development of the subject property
("Property"), as described above, shall be in strict conformance with the following conditions,
which shall supersede all other proffers that may have been made prior hereto. In the event that
the above-referenced B3 rezoning are not granted as applied for by the Owner ("Owner"), these
proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are
contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning
which is in effect on the day following the last day upon which the Frederick County Board of
County Supervisors (the "Board") decision granting the rezoning may be contested in the
appropriate court. If the Board's decision is contested, and the Owner elects not to submit
development plans until such contest is resolved, the term rezoning shall include the day
following entry of a final court order affirming the decision of the Board which has not been
appealed, or, if appealed, the day following which the decision has been affirmed on appeal.
The headings of the proffers set forth below have been prepared for convenience or reference
only and shall not control or affect the meaning or be taken as an interpretation of any provision
of the proffers. The improvements proffered herein shall be provided at the time of development
of that portion of the Property adjacent to or including the improvement or other proffered
requirement, unless otherwise specified herein. The term "Owner" as referenced herein shall
include within its meaning all future owners and successors in interest.
1. LAND USE
1.1 The Owner will restrict the use of the Property to only a "Tractor truck and tractor truck
trailer parking" facility. There shall be no sale or rental of commercial trucks or trailers as part of
this proposed use. All other allowed B3 district uses shall be prohibited unless a proffer
modification is approved by the County.
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Royal King Truck Stop, LLC Impact Analysis Statement
REZONING:
REZ PROPERTY:
CUP:
RECORD OWNER:
APPLICANT:
PROJECT NAME:
Impact Analysis Statement for
REZand CUP
RZ#: B2-General Business District(+/-4.35 acres) to B-3
Industrial Business District+/- 4.35 acres
4.35 acres +/-
Tax Map Parcel 33-A-164, respectively
Tax Map Parcel 33-A-164-4 (+/- 4.35 acres),
33-A-164-C ( +/- 1.99 acres), 33-A-165 (+/- 5.50 acres)
Royal King Truck Stop, LLC
Harpreet Singh, President, Royal King Truck Stop LLC
Truck Trailor Parking
Impact Analysis Statement
Existing Conditions:
1.Transteck, Inc. Freightliner of Winchester: The presence of a nearby truck repair shop
on Hopewell Lane indicates that the area already accommodates traffic and infrastructure
suitable for large vehicles. This establishes a precedent that the addition of a truck trailer
parking lot will not significantly alter traffic patterns or necessitate major infrastructure
changes.
2.Kingdom Animal Hospital and Clearbrook Feed & Supply: The operation of an animal
hospital and an animal feed store nearby suggests that the area is accustomed to
accommodating vehicles of various sizes, including those used for transporting animals.
Therefore, the addition of a truck trailer parking lot is unlikely to disrupt existing operations
or conditions at these establishments.
3.Convenience Stores (Discount Cigarettes & Virginia Cigarette Outlet): The two
convenience stores on Hopewell Lane contribute to established commercial activity in the
area, including existing traffic flow and parking arrangements. The proposed truck trailer
parking lot is not expected to impact the operations or accessibility of these stores.
Analysis: •Traffic Impact: As noted in the proffer statement and further analysis, the truck trailer
parking lot will not increase traffic on Hopewell Lane. Existing businesses, such as the
truck repair shop and commercial establishments, already generate substantial traffic. The
additional movement of approximately three to four tractor trailers daily will not adversely
affect traffic conditions.•Infrastructure Compatibility: The existing infrastructure is well-suited to accommodate
large vehicles, given the nearby truck repair shop and the variety of commercial activities
already present. No significant modifications to current infrastructure are anticipated.•Environmental and Operational Considerations: Stormwater management measures,
such as retention ponds on the southwest corner of Parcel 33-A-165 and the southeast
corner of Parcel 33-A-164-C, will isolate activities on the parcels and prevent any adverse
Page I of 3
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COUNTY OF FREDERICK
Austin Cano
Acting County Attorney
540/722-8383
E-mail Austin.cano@fcva.us
March 7, 2025
VIA E-MAIL
Aman Sandhu
125 Farmhouse Court
Stephenson, VA 22656
Re: Rezoning Application – Royal King Truck Stop
Tax Parcel Number 33-A-164-4 (the “Property”)
Dear Aman Sandhu:
You have submitted to Frederick County for review a revised proposed proffer statement
(the “Proffer Statement”) for the proposed rezoning of the Property, 4.35± acres in the Stonewall
Magisterial District, from the B2 (Business General) Zoning District, to the B3 (Industrial
Business) Zoning District, with proffers. I have now reviewed the Proffer Statement and it is my
opinion that the Proffer Statement, in its updated form, would be in a form to meet the
requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be
legally sufficient as a proffer statement, subject to the following comments:
• In the PROPERTY SUBJECT TO REZONING Section: The map number listed in this
section states the property in question is located at 33-A-164.4; this should be changed to
33-A-164-4, to conform with the County’s map number notation.
• Section 2.1: This section should be amended to add additional language noting that the
Owner will review required improvements with VDOT or other applicable agency or
entity, and noting that any required actions will be taken as expediently as logistically
and reasonably possible.
I have not reviewed the substance of the proffers as to whether the proffers are suitable
and appropriate for this specific development, as my understanding is that review will be done by
staff and the Planning Commission.
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Planning Commission
Agenda Item Detail
Meeting Date: April 16, 2025
Agenda Section: Public Hearings
Title: Ordinance Amendment to the Frederick County Code - (Mrs. Peloquin)
Attachments:
PC04-16-25OA_BackyardChickens.pdf
75
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
MEMORANDUM
TO: Planning Commission
FROM: Kayla Peloquin, AICP, Planner II
RE: Ordinance Amendment – Backyard Chickens
DATE: April 2, 2025
Proposal:
Ordinance amendments to allow backyard chickens in residential districts have been considered
and denied by the Board of Supervisors in 2018, 2020, and 2022. This proposed ordinance
amendment to allow backyard chickens accessory to any single-family detached residence in the
Residential Performance (RP), Residential Planned Community (R4), and Residential
Recreational Community (R5) Zoning Districts was initiated at the request of a Board member.
Even if the County adopted an ordinance on backyard chickens, all properties would still be subject
to private covenants and deed restrictions, including HOA regulations, which are not enforced by
the County.
Previous discussions of chicken ordinances contemplated whether an administrative permit should
be required, minimum lot sizes, maximum number of chickens, restrictions on other species,
screening and location of the coops, and limitations on types of dwellings.
Staff researched backyard chicken ordinances in other localities in the valley and throughout
Virginia. Roughly half of the localities researched required a permit and roughly half did not.
Those that require permits typically do not have high levels of participation and the vast majority
of complaints regarding chickens were for properties that did not have a permit.
Current Standard:
Backyard chickens are not permitted in any suburban residential zoning districts. Chickens are
permitted in the RA (Rural Areas) Zoning District (§165-401.02) under “Agriculture, farming,
dairies, animal husbandry, and forestry” and are not subject to additional zoning regulations other
than setbacks for accessory structures.
Summary & Requested Action:
The Board of Supervisors discussed this item on February 26, 2025, and sent it to the Development
Review and Regulations Committee (DRRC) and authorized subsequent public hearings at the
Planning Commission and Board of Supervisors. The Board suggested adding clarification to the
regulation stating chicken waste must be properly disposed of. The DRRC discussed the item on
March 27, 2025 and was supportive of the proposed amendment and added clarification to the
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regulation regarding chicken waste disposal. The DRRC asked staff to consider a grace period for
enacting the ordinance should the amendment be approved as many HOAs may not address
chickens because chickens have always been a County Zoning Violation in the RP, R4, and R5
Zoning Districts. Staff is seeking a recommendation on the proposed amendment to forward to the
Board of Supervisors.
Attachments:
1. Draft Ordinance
2. Code Comparison Research (Summarized)
77
Draft Revised 3/18/2025
Chapter 165 – Zoning Ordinance
ARTICLE I
General Provisions; Amendments; And Conditional Use Permits
Part 101
General Provisions
§165-101.02. Definitions and Word Usage
Chicken Coop
A fully enclosed and covered structure, permanent or transportable, that provides a living area
for chickens with adequate protection from the elements and predators. Chicken coops may
include an outdoor running space (pen).
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§165-204.42 Backyard Chickens and Chicken Coops.
Backyard chickens and coops located in the RP (Residential Performance), R4 (Residential
Planned Community), and R5 (Residential Recreational Community) Zoning Districts shall meet
the following requirements:
A. Roosters and other species of fowl are prohibited.
B. Chickens shall be permitted accessory to single-family detached residences only. A
maximum of 6 chickens (hens only) shall be permitted with one single-family detached
residence.
C. Chicken coops and pens shall meet the setbacks for accessory structures in the RP
(Residential Performance) Zoning District contained in §165-402.09(M).
D. Chickens shall not run at large in accordance with §48-26 (Animals and Fowl Running at
Large).
E. Chicken waste shall be stored in an enclosed container and properly disposed of by
composting or other means to not create a nuisance.
F. Chicken feed shall be stored in an enclosed, vermin proof container.
78
Draft Revised 3/18/2025
ARTICLE IV
Agricultural and Residential Districts
Part 402
RP Residential Performance District
§165-402.02 Permitted uses
A. All uses shall be developed in accordance with an approved master development plan
unless otherwise waived under Article VIII of this chapter.
B. Structures and land shall be used for one of the following uses:
1. All residential housing types specified in §165-402.09.
2. Schools.
3. Fire stations and companies and rescue squads.
4. Group homes.
5. Home occupations.
6. Public utilities excluding energy-generating facilities.
7. Accessory uses and structures. Accessory structures attached to the main structure
shall be considered part of the main structure. Mobile homes and trailers, as defined,
shall not be permitted as accessory structures or buildings.
8. Required or bonus recreational facilities, public or private parks, neighborhood parks,
playgrounds, or other noncommercial recreational facilities.
9. Business signs associated with schools, churches, fire stations and companies and
rescue squads, recreational facilities, public parks, playgrounds, and libraries.
10. Temporary model homes used for sale of properties in a residential development.
11. Libraries.
12. Public buildings.
13. (Reserved) Editor's Note: Former Subsection B(13), Residential subdivision
identification signs, was repealed 5-10-2023.
14. (Reserved) Editor's Note: Former Subsection B(14), Signs allowed in § 165-201.06B,
was repealed 5-10-2023.
15. Temporary family health care structure. (NOTE: By adding temporary family health
care structure as a permitted use in the RP District, it is also automatically a permitted
use in the R4 and R5 Districts.)
16. Short-term lodging.
17. Churches and places of worship.
18. Backyard chickens and chicken coops.
79
1
Code Comparison Research – Chickens
These regulations only apply to suburban/residential zoning districts, not agricultural areas
1 acre = 43,560 SF
Jurisdiction
(Population)
Permit Required? Minimum Lot
Size
Quantity Species Chicken Coop Screening &
Location
Dwelling
Types
Clarke County
(population
~15,000)
Not permitted in rural
residential district or
neighborhood commercial.
Warren County
(population
~41,000)
Administrative permit ($25
fee) may have conditions of
approval. Renters must
have written permission
from property owner or
management company to
have chickens.
Permit application must
have Poultry Management
Plan.
Acreage Max # Depends on lot
size. Maximum of
24 for properties
> 2 acres
Domestic,
female hens
only.
Roosters,
guinea fowl,
turkeys,
ducks, and
peacocks are
prohibited.
No free roaming.
Coop or pen must be in the side
or rear yard. Chickens must be
kept in a stationary pen or
portable chicken coop. Coop &
pens minimum of 20’ from the
dwelling, 25’ from adjacent
property lines, 30’ from private
wells, storm water drainage
areas, or perennial streams and
springs.
Single-
family
detached
(SFD)
Less
than ½
acre
6
½ acre
to 2
acres
12
More
than 2
acres
24
Shenandoah
County
(population
~45,000)
No permit Acreage Max # Maximum of 24
depending on lot
size.
1 rooster at a
time.
No guinea
fowl, turkeys,
geese, or
peacocks
No free roaming. Must be in
stationary or portable pen,
coop, or fencing. Must be in rear
yard, 20’ from all property lines,
30’ from private wells & springs.
Setback may be reduced to
between 5’ and 20’ with
notarized authorization
adjacent property owner. No
on-site slaughtering.
SFD
Less
than 2
acres
12
More
than 2
acres
24
80
2
City of
Winchester
(population
~28,000)
Administrative permit ($25
fee). Must have sketch
showing where the
chickens will be
housed/types and sizes of
pens/dimensions and
setbacks). Must provide
verification of completion of
VA livestock premises
registration with VDACS. If a
violation found, the permit
is revoked for 1 year.
2 acre minimum
lot size
Maximum of 6
No roosters No free roaming. Must be
securely fenced. Pens must be
in rear yard 25’ from any
residential structure, 10’ from
residence on lot, 20’ from
streams, tributaries, or storm
drainage, 10’ from all property
lines. Pens must be neat &
sanitary, cleaned regularly to
prevent odors. Chicken hens
must always be enclosed &
covered, secure, in a movable
or stationary pen w/ minimum
of 4 SF/bird . No slaughtering or
commercial uses (selling eggs
or meat).
SFD
Fairfax County
(population ~1.1
million)
No permit.
BZA may approve special
use permit ($550 fee) to
modify the use standards,
but cannot allow for
roosters.
2 acre minimum
lot size
1 “bird unit” per
acre allowed.
Foul 2 months
and older count.
1 “bird unit” = 32
chickens, 16
ducks, 8 turkeys,
8 geese, or 2
ostriches or
emus.
No roosters Structures used for confining or
sheltering poultry must be 50’
from all lot lines.
Any
dwelling
Page County
(population
~24,000)
No permit Acreage Animal
units
1 “animal unit” =
16 small poultry
(chickens/ducks),
18 medium
poultry
(turkeys/geese),
or 3 large poultry
(ostrich/emu)
No
restrictions
Vegetative cover must not be
overgrazed or otherwise
disturbed to cause erosion.
Animal waste must be properly
managed.
Any
dwelling
Less
than 6
acres
0.5
animal
units
81
3
More
than 6
acres
1
animal
unit per
acre
Spotsylvania
County
(population
~147,000)
Administrative permit ($25
fee).
2 hens for lots
less than 5,000
SF, then 1
additional hen
allowed for each
additional 2,500
SF of lot area, not
to exceed 6.
Maximum of 6
depending on lot
size.
No roosters Domestic laying hens may be
slaughtered on site for personal
consumption.
SFD or TH
Roanoke County
(population
~97,000)
Administrative permit (no
fee).
Acreage Max # Maximum of 12
depending on lot
size.
No roosters,
capons, or
crowing hens
No free roaming. Coops and
chicken enclosures set back 10’
from side and rear lines (not in
front setback) and 35’ from any
residential dwelling on adjacent
lot. Coops must have 2 SF of
interior space per chicken and
10 SF of exterior space per
chicken. Coops must be clean
and sanitary at all times. Waste
shall be properly stored and
removed.
SFD
Less
than
20,000
SF (0.46
acres)
6
20,001
SF to 1
acre
9
More
than 1
acre
12
Chesterfield
County
(population
~380,000)
No permit Only permitted in
R-88 Zoning
District, which
has a minimum
lot size of 88,000
SF (2.02 acres)
Maximum of 6 No roosters Chickens must always be kept
in single building (10 – 20 SF)
with attached outdoor run (8 SF
per chicken, 56 SF max total).
Outside area securely enclosed.
Building & runs in rear yard and
setback 25’ from all property
lines. Must properly dispose of
waste and eliminate odors. No
slaughtering.
SFD
82
4
Hanover County
(population
~113,000)
No permit 0.33 acres Maximum of 6 No roosters All chickens shall be kept in an
enclosure/coop in the rear,
setback 15’ from side and rear
property lines. Area must be
kept clean, waste disposed of
properly.
SFD
Bedford County
(population
~81,000)
Administrative permit (no
fee).
Acreage Max # Maximum of 18
depending on lot
size.
No roosters No free roaming. All chickens
shall be kept in a securely
enclosed coop and fenced area.
Must be in the rear yard and
setback 15’ from all property
lines.
SFD
Less
than
10,000
SF
6
10,000 -
21,779
SF
9
21,780
–
43,559
SF
14
More
than 1
acre
18
Northumberland
County
(population
~12,300)
Administrative permit.
Applicants not meeting the
conditions can go to BOS
for CUP
2 acres Up to 12
chickens per 2
acres
No roosters Chickens must be fenced in and
protected from predators.
Coops must be set back 25’
from all property lines. Fencing
must be set back 10’ from all
property lines.
SFD
King George
County
(population
~28,000)
Administrative permit ($25
fee). Must include sketch.
25,000 SF (0.57
acres)
Maximum of 6 No roosters No commercial uses.
Enclosures/runs/coops must be
in rear, 10’ setback from other
property lines, 35’ setback from
other dwellings. Chickens shall
be kept within a covered
enclosure or fenced area.
Coops must have at least 3 SF
SFD
83
5
per chicken and runs shall
provide at least 10 SF per
chicken.
Campbell
County
(population
~55,000)
No permit None Maximum of 10 No roosters Chickens must be in rear yard,
inside a fenced enclosure (must
include a coop) at least 10’ from
property lines. Dead chickens
and waste must be kept off
adjoining properties and out of
drainage systems.
Any
dwelling
Isle of Wight
County
(population
~40,000)
Administrative waiver None Maximum of 6 No roosters Chickens must have wings
clipped. No free ranging unless
supervised. No commercial
uses (selling eggs or meat).
Structures must be in rear, kept
neat and sanitary at all times.
SFD
84
6
Follow Ups – Level of participation? Enforcement challenges? Complaints?
Warren County:
• Permit program is going well overall, don’t get a really high volume of applications per year
• Most permit applications prompted from violation (usually for a rooster); not many complaints on those with permit
• Permits approved by Zoning Administrator or Planning Director
Spotsylvania County:
• Have had ordinance since 2013, have around 200 chicken permits total
• When ordinance was enacted, they put a blurb on utility bills & website to increase awareness
• Majority of complaints are on properties without permits
• Haven’t had many issues except that some hens crow and Animal Control has confirmed it is not a rooster
• Work with Animal Control on free roaming issues
Roanoke County:
• Adopted amendment in 2015, initially received a lot of calls but number has declined considerably
• Issue about 1-2 chicken permits a month; only complaint based
• Animal Control is enforcement authority, complaints go to zoning
• If they could do it over again, they would add a fee to the permit and also add language to address when activity ceases on the property
(abandoned coops and enclosures are cited as trash)
Chesterfield County:
• No permit. Not many complaints
Bedford County:
• 12 chicken permits so far this year
• Recently amended ordinance to allow smaller lots and corner lots
• 5 out of 6 complaints this year were for unpermitted chickens (1 complaint on person with a permit but had chickens running at large)
85
7
Sources
Frederick County:
https://ecode360.com/8707728
Clarke County:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.clarkecounty.gov/home/showpublisheddocument/9949/638083363741900000
Warren County:
https://warrencountyva.gov/663/Backyard-Chickens#:~:text=Overview,for%20non%2Dcommercial%20purposes%20only.
Shenandoah County:
https://ecode360.com/9741924#35278404
City of Winchester:
chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://winchesterva.civicweb.net/document/19888/Chicken%20Ordinance.pdf?handle=85825060BA1
B47BAA35D79C13F60CCFE#:~:text=(b)%20It%20shall%20be%20unlawful,the%20next%20higher%20whole%20unit.
Fairfax County:
https://online.encodeplus.com/regs/fairfaxcounty-va/doc -
viewer.aspx?secid=880&keywords=chicken%27s%2Cchickened%2Cchickening%2Cchickens%2Cchickens%27%2Cchicken#secid-880
Page County:
https://ecode360.com/38696266#38696266
Spotsylvania County:
https://library.municode.com/va/spotsylvania_county/codes/code_of_ordinances?nodeId=COCO_CH23ZO_ART5GEDEST_DIV3ACUS_S23-
5.3.2DESTUSLI
Roanoke County:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.roanokecountyva.gov/DocumentCenter/View/9243/Zoning-Permit-for-Residential-
Chickens-Checklist?bidId=
86
8
Chesterfield County:
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.chesterfield.gov/DocumentCenter/View/6069/Chapter-19---Zoning-Ordinance-
PDF?bidId=
Hanover County:
https://library.municode.com/va/hanover_county/codes/code_of_ordinances?nodeId=COCO_CH26ZOOR_ART3DIRE_DIV4RSSIMIREDI_S26-62LOARRE
Bedford County:
chrome-
extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.bedfordcountyva.gov/home/showpublisheddocument/10791/638469944415830000
Northumberland County:
https://ecode360.com/7760661#7760737
Campbell County:
https://www.co.campbell.va.us/172/Chickens#:~:text=You%20may%20have%20a%20maximum,and%20out%20of%20drainage%20systems.
Isle of Wight County:
https://www.co.isle-of-
wight.va.us/our_services/permits/frequently_asked_questions.php#:~:text=The%20maximum%20number%20of%20chickens,poultry%20or%20fowl%2
0are%20prohibited.
87
Planning Commission
Agenda Item Detail
Meeting Date: April 16, 2025
Agenda Section: Other
Title: Current Planning Applications
Attachments:
88