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PC 07-01-92 Meeting AgendaFILE DOPY AGENDA FREDERICK COUNTY PLANNING COMMISSION The Old Frederick County Courthouse Winchester, Pnrginia JULY 1, 1992 7:00 P.M. CALL TO ORDER TAB 1) Meeting Minutes of May 6 and May 20, 1992 ....................... A 2) Bimonthly Report ...........................................B 3) Committee Reports ......................................... C 4) Citizen Comments .......................................... D PUBLIC HEARINGS 5) Conditional Use Permit #007-92 of John E. Merrill for an off premise sign. This property is located in the Reynolds Store area, on the west side of Route 522 North, in the Gainesboro District. (Mr. Miller) ............................................... E 6) Conditional Use Permit #008-92 of Joan M. & Kristi C. Riggleman (T/A Ellie's Bridal Consultation) for consultation services. This property is located three miles north of Winchester on Route 522 N., in the Gainesboro District (Mr. Miller) ............................................... F 7) Proposed amendments to Chapter 21, Zoning, of the Frederick County Code, Article XIII, Flood Plain District, Article IVII, Nonconforming Uses, Article IVIII, Board of Zoning Appeals and Article XIX, Definitions. (Mr.Bise)................................................ G OTHER 8) Memo re: the Historic Resources Advisory Board Plaque Program. ........................................................ H 9) Memo re: Access to the Lockhart Property from Fort Collier Industrial Park. ......................................................... I 10) Memo re: Appointments to the Stephens City Study Committee. .........................................................J 11) Other (no attachment). .............................................•.......... K MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on May 6, 1992 PRESENT: Planning Commissioners present were: James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman/Back Creek District; Manuel C. DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District; Ronald W. Carper, Gainesboro District; George L. Romine, Shawnee District; Marjorie H. Copenhaver, Back Creek District; Todd D. Shenk, Gainesboro District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; and Beverly Sherwood, Board Liaison. Planning Staff present were: Robert W. Watkins, Secretary; Kris C. Tierney, Deputy Planning Director; W. Wayne Miller, Zoning Administrator; and Evan A. Wyatt, Planner II ABSENT: S. Blaine Wilson, Shawnee District CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES --MARCH 18 1992 AND APRIL 1 1992 Upon motion made by Mr. Marker and seconded by Mr. Thomas, the minutes of March 18, 1992 were unanimously approved as presented. Upon motion made by Mr. Romine and seconded by Mr. Marker, the minutes of April 1, 1992 were unanimously approved as presented. BIMONTHLY REPORT Chairman Golladay accepted the Bimonthly Report for the Commission's information. 2 COMMITTEE REPORTS Transportation Committee - 5/4/92 Mtg. Mr. Thomas reported that the Transportation Committee discussed the intersection improvement plan along the I-81 corridor; they prioritized routes in order of need for improvement, concentrating on the industrial intersection north of town; they also discussed the need for a light at Route 277 and future Warrior Road because of the amount of traffic that will be generated by Sherando High School. Economic Development Commission Mr. Romine said he attended a program sponsored by the Center on Rural Development in Culpepper on April 28. This relatively new program, developed as a part of the Virginia Economic Development Commission, is strictly for rural areas. REVISED MASTER DEVELOPMENT PLAN Revised Master Development Plan #003-92 of Hampton Chase for townhouses and single- family homes in the Stonewall District. Action - Recommended Approval Mr. Tierney said this master plan was before the Commission about a year ago with a request to eliminate curb and gutter on the main through -road, which was approved. This request is to eliminate the Apple Street connection between this development and the City. He said that the Department of Transportation has no objections to eliminating the access. Mr. Tierney said that there are additional accesses and the staff does not anticipate a great deal of impact on them. The staff recommended approval of the request. Mr. Charles Maddox, Project Engineer with G. W. Clifford & Associates, relayed the history of the site to the Commission and answered questions from the Commission. Mr. Maddox said that the land remaining after elimination of the connection will remain as open space. Upon motion made by Mr. DeHaven and seconded by Mr. Shenk, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously 3 recommend approval of Revised Master Development Plan #003-92 of Hampton Chase to eliminate the Apple Street connection to the City of Winchester. This property is located northeast of Battle Avenue and Van Fossen Street and is identified as GPIN #540000A0000940 in the Stonewall District. DISCUSSION REGARDING THE RELOCATION OF WARRIOR ROAD(formerly Gollada�y Road) Mr. Tierney said that the current location of Warrior Road (formerly Golladay Road) passes through a portion of Fredericktowne Estates and residents have expressed their concern and opposition to the road traveling through their subdivision. He said that there are six lots within Section II of Fredericktowne that front on Warrior Road and also, one adjoining lot that fronts on Westmoreland Drive. Mr. Tierney gave the Commission some history on the location of the road. Mr. Tierney said that meetings have been held with representatives of The Village at Sherando, the Frederick County Parks and Recreation Department, and G. W. Clifford & Associates to examine the possibilities of shifting the road over to the park land. He said from an engineering point of view, it would be possible to shift the segment of Warrior Road currently within Fredericktowne Estates to the east, onto the western edge of Sherando Park. Mr. Tierney said that in order to do this, however, there are a number of federal regulations that come into play. Also, the current owner of the Village at Sherando has agreed to make the necessary alignment changes and construct the section of road within his property up to the point that the new alignment would begin to exceed the costs of the presently approved alignment. Mr. Tierney said that the relocation would involve roughly 4.5 to 5 acres of park land and require the construction of approximately 2,500 feet of road. More importantly, it would require the cooperation of the Parks and Recreation Commission and approval of the Department of the Interior, since Federal Grant money was used for purchase of the park land. Mr. Tierney said that if the Planning Commission feels that the approach presented by the staff is appropriate, he will pass the Commission's recommendation on to the Board for their action. Mr. Romine inquired about the urgency of the situation. Mr. Tierney said that the Evans/Snyder property is under construction and the developer will reach a point where the road will need to be built, probably within a year. Mr. Tierney noted that all sections of Warrior Road have 60' right-of-ways with the exception of the Fredericktowne section, which has a 50' right-of-way. It was also noted that the Department of the Interior had not yet been contacted. Mr. Thomas requested a detailed sketch of the entire length of Warrior Road 4 before this was forwarded to the Board. Mr. Thomas inquired about the probability of the state funding the 2,500' of road. Mrs. Sherwood said that before making a recommendation, she would like to hear about the impacts on the Parks & Recreation Department. She also felt that the Board would need a cost analysis on the 2,500' of road. Mr. Watkins said that a connection to Route 277 has been approved and if the road is not relocated, the future connection onto Route 642 could be in jeopardy. Mr. Joe Eckard, a resident on Warrior Road, inquired about the transportation requirements which necessitated the construction of the road. He felt that residential subdivisions should be insulated from through traffic. He was concerned about the traffic from Sherando High School. Mr. Eckard also inquired if sufficient buffer would be supplied between his home and the road, if the road was relocated through Sherando Park. Mr. Richard Dunn, resident of Westmoreland Drive, did not want to see Westmoreland tied in with Warrior Road. Mr. Dunn felt that the increased traffic would create safety hazards for neighborhood children. Chairman Golladay said that although many more details need to be worked out, the Commission would look favorably upon the staff pursuing this approach. Mr. Watkins said that the staff would work on more detailed plans, cost estimates, and contact some of the various parties involved and then come back to the Commission. PUBLIC HEARINGS Rezoning Application #003-91 of Marshall D. Williams to rezone 3.1 acres from RA (Rural Areas) to M2 (Industrial General) for waste and trash collection and recycling in the Shawnee District. Action - Denied Mr. Tierney reported that this rezoning application was submitted approximately one year ago and the Commission tabled the rezoning due to a number of questions. Mr. Tierney said that the application was eventually referred to the Comprehensive Plan Subcommittee because, in order to rezone the property, an amendment to the Comprehensive Plan would be required to designate this area as an an appropriate location for industrial uses. It was the Comprehensive Plan Subcommittee's opinion that based on the lack of infrastructure present to accommodate traffic, sewer, and water demands typically associated with industrial zoning and the possibility of precedent setting, it was not appropriate to amend the Comprehensive Plan at this time. 5 Mr. Marshall Williams, the applicant, said that he has been operating at this same location for the past 40 years. Mr. Williams said that the public hearing notice in the newspaper incorrectly described his business as a waste and trash collection operation and it should be described as a salvage yard for recycling. Mr. Williams said that he wanted to locate an office on the property for operation of his trucks. Mr. Williams said that there were other salvage yards in residential districts throughout the county and he felt he was being discriminated against as a black minority. Mr. Williams presented photographs of the posts he installed on his property for a privacy fence. He said that the posts are 15' from the edge of the road and over 25' from the center of the road. He said that he has also purchased the lumber to build the fence. Chairman Golladay explained that Mr. Williams is legally permitted to conduct his business as it currently exists as a legal, nonconforming use. Chairman Golladay said that the rezoning will only reclassify the property as Industrial General instead of a Rural Area. Mr. Golladay explained that regardless of the decision made by the Commission on the rezoning, Mr. Williams can operate his business on the original property as it exists today. Mrs. Sherwood suggested another avenue for Mr. Williams to pursue other than rezoning the property. She said that for the newly acquired property, Mr. Williams could apply for a conditional use permit to expand a nonconforming use. Chairman Golladay called for public comment and the following people came forward: Mr. George Sloan asked for clarification on what the County permitted Mr. Williams to do and how much Mr. Williams could expand. Mr. Miller, Zoning Administrator, said that Mr. Williams was operating as a legal, nonconforming use. He said that Mr. Williams purchased adjoining land and expanded his operation to over twice its original size. Mr. Miller said that the County was prepared to permit the expansion, if the property was properly screened. Mr. Kenneth Williams, nephew to Mr. Williams, said that his family has owned property along Sulphur Springs Road all their lives. Mr. Williams spoke in favor of Mr. Williams' continuing with his business. Mrs. Helen Morris, adjoining property owner, said that she would like Mr. Williams to move the salvage items away from the creek. Mrs. Morris felt that Mr. Williams' trash obstructs water flowing down the creek and causes flooding on her property during heavy rains. Harold and Carol Layman, adjoining property owners, said that they sold Mr. P Williams the two acres which are in dispute and they also own quite a few acres surrounding Mr. Williams' property. Mr. Layman indicated that they would go along with any decision made by the Commission. Chairman Golladay asked Mr. Jay Cook, Assistant Commonwealth's Attorney, for explanation of the court case that took place regarding Mr. Williams. Mr. Cook replied that Mr. Williams was charged criminally and the jury verdict found him not guilty of the criminal activity. Mr. Cook said that Mr. Williams is still grandfathered and under those laws, cannot expand his use more than 50%. Mr. Cook added that the court order did not delineate the area of use. Mr. Romine said that since Mr. Williams' operation did not hinge on approval of the rezoning application, he would move for denial of the rezoning. This motion was seconded by Mr. Marker and unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend denial of Rezoning Application #003-91 of Marshall D. and Helen V. Williams to rezone 3.1 acres from RA (Rural Areas) to M2 (Industrial General). This property is designated as PIN #650000A0000910 and is located three miles east of Winchester on the east side of Sulphur Springs Road, about one mile north of Route 50 East in the Shawnee District. An amendment to Chapter 21, Zoning, of the Frederick County Code, Article IX, Business and Industrial Districts to allow tire retreading for wholesale purposes as an allowed use in the M1 (Light Industrial) District. Action - Approval Evan Wyatt said that the Development Review and Regulations Committee (DRRC) considered a request from the Donald B. Rice Tire Company to allow tire retreading operations in the MI (Light Industrial) Zoning District. The DRRC felt it was appropriate to allow tire retreading operations in the Ml Zoning District, but not the major group as a whole. There were no public comments. Upon motion by Mr. Thomas and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve an amendment to revise Chapter 21 of the Frederick County Code, Zoning Ordinance, Article IX, Business and Industrial Zoning Districts, Section 9-1-4, as follows: 9-1-4 LIGHT INDUSTRIAL DISTRICT, M-1 ALLOWED USE Tire Retreading STANDARD INDUSTRIAL CLASSIFICATION (SIC) 7534 UPDATE OF THE FREDERICK COUNTY COMPREHENSIVE POLICY PLAN FOR 1992-1993 ACTION - APPROVED Mr. Tierney said that the Comprehensive Plans and Policies Subcommittee finalized its recommended update of the County's 1992-93 Comprehensive Policy Plan. Mr. Tierney said that major changes consisted of annual statistical updates, such as population and housing data, along with additional information in the areas of economic development and stormwater management policies. Mr. Tierney said that the Subcommittee also considered a number of requests to expand the sewer and water service area and/or the urban development area (UDA). Mr. Tierney summarized each of the requests along with the Subcommittee's recommendations: 1) Ralph Gregory; Roughly 250 acres along Rt. 11 South --The request was for expansion of the UDA or expansion of the Route 11 South business corridor. The Subcommittee's recommendation was to expand the sewer and water service area to include this property. 2) Louise Brim; Three parcels along Route 11 South near the Shackleford Farm and the Mountain View Church of Christ --This property is encompassed by the Gregory request and was recommended for inclusion. 3) Ryland Carper; 210 acres off Route 723 near Route 50 East --The Subcommittee felt this request was not appropriate at this time. 4) Signal Station Associates, Round Hill --The request was to grant one of two requests: a) Extension of sewer from Merriman's Lane up to Abrams drainageway to serve the entire Round Hill Community Center, involving approximately 1,000 acres. b) Establishment of a community sanitary system to serve the Round Hill Community. The Subcommittee felt the request was premature and did not recommend it for inclusion. n 5) James Marlow, Routes 661, 662, 838; 350 acres bordering on Route 661, 662, 838 and the B&O Railroad near the I-81 and Rt. 11 North intersection --The Subcommittee felt that the issues of access and impacts on the Stephenson's Depot Battlefield need to be addressed prior to inclusion in the UDA. 6) Residents of 522 South/Shenandoah Mobile Home Park --This request was modified to approximately 687 acres as opposed to the original 1,728; approximately 330 acres would be open to development. Approximately 200 houses are contained in this area and the Subcommittee is concerned about failing septic systems in the area. A recommendation has not yet been made; the applicants and the county have been in contact with the Health Department and they have agreed to conduct a survey of the septic problems. 7) Billy Joe Tisinger on behalf of Fred L_ Glaize III, JASBO Inc., Oakcrest Builders, Inc. and Wright Run Limited Partnership; 200 acres north of Realigned Route 642 --The Subcommittee was concerned that the timing was not right to open up more land for residential development, however, they did not rule out the possibility of industrial zoning in this area. It is not certain whether the landowners intend to propose an expansion of the sewer and water service area to accommodate industrial zoning. Chairman Golladay called for public comment and the following persons came forward to speak in favor of their particular requests: 1) Mr. Steve Chadwell, owner of property north of Stephens City, inquired if the Commission would consider Industrial Zoning for his area. Chairman Golladay explained that all requests for expansion of the sewer and water service area and the UDA would need to first be reviewed by the Comprehensive Plans and Policies Subcommittee. 2) Mr. Ralph Gregory was concerned that the proposed UDA did not follow existing boundary lines and that problems may result with rezonings in the future. Staff noted that the UDA line followed existing natural divides (in order to provide sewer & water). Staff explained that if a rezoning proposal contained portions of property outside of the UDA, the Planning Commission would need to determine whether rezoning of those areas outside of the UDA would be appropriate. 3) Mr. Ryland Carper, property owner along Route 723, said that he has made a number of requests over the past several years to have his Route 723 property placed in the UDA and each time, there has been some reason for denial. With regard to precedent setting, Mr. Carper said that no other requests for development have been made for this particular area. ivid.r. Carpei said that he is not asking for public water and sewer--` u:s could be p cou ovided at the developer's expense. He added that he is 1.2 miles from public water and sewer. 4) Mr. Billy Joe Tisinger said that proposed Route 642 will travel across the UDA and just south of the property he is requesting to be placed in the UDA. He said that after Route 0 642 is complete, Mr. Glaize, Mr. Bowman, Mr. Vickers, and Wrights Run Partnership will own approximately 130 acres just north of 642 and Wrights Run Partnership will own 200 industrially -zoned acres south of Rt. 642. Mr. Tisinger felt this was a natural extension of the UDA. The Commissioners reviewed each of the requests and agreed with the recommendations made by the Subcommittee. Upon motion made by Mrs. Copenhaver and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously endorse the update of the Frederick County Comprehensive Policy Plan for 1992-93 as recommended by the Comprehensive Plans and Policies Subcommittee. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 9.30 p.m. by unanimous vote. Respectfully submitted, Robert W. Watkins, Secretary James W. Golladay, Jr., Chairman MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on May 20, 1992 PRESENT: Planning Commissioners present were James W. Golladay, Jr., Chairman; John R. Marker, Vice Chairman/Back Creek District; Manuel C. DeHaven, Stonewall District; S. Blaine Wilson, Shawnee District; Ronald W. Carper, Gainesboro District; George L. Romine, Shawnee District; Marjorie H. Copenhaver, Back Creek District; Todd D. Shenk, Gainesboro District; Roger L. Thomas, Opequon District; John H. Light, Stonewall District; and Beverly Sherwood, Board Liaison. Planning Staff present were: Kris C. Tierney, Deputy Planning Director; Lanny C. Bise, III, Planner 1; and Frances D. Stanley, Planner I CALL TO ORDER Chairman Golladay called the meeting to order at 7:00 p.m. MINUTES --APRIL 15 1992 Mrs. Copenhaver made corrections to Page 2 of the minutes under the Sanitation Authority Report. The corrections included the size of water tanks and a name misspelling. Upon motion made by Mrs. Copenhaver and seconded by Mr. Romine, the minutes of April 15, 1992 were unanimously approved as amended. MONTHLY AND BIMONTHLY REPORTS Chairman Golladay accepted the Bimonthly Report for the Commission's information. %. COMMITTEE REPORTS Development Review & Regulations Committee (DRRC) - 5/12/92 Mtg_ Mr. Bise reported that the DRRC discussed proposed revisions to Chapter 8 (Erosion & Sedimentation Control) of the Frederick County Code and heard a proposal from Steve Gyurisin, who is representing Thin Line, Inc. Sanitation Authority (SA) - 5/18/92 Mtg. Mrs. Copenhaver reported the following information: the Sanitation Authority is now bidding on the Fort Collier connector line; the quarry water treatment plant design is pending approval at the State Water Control Board; and the 522 North water line is scheduled for late summer. Also, the SA held their election of officers: James Diehl, Chairman; Kit Molden, Vice Chairman; Bill Edens, Secretary -Treasurer. Historic Resources Advisory Board (HRAB) - 5/19/92 Mtg. Mr. Carper reported that Mr. Richard Demras, the Secretary for Thin Line Corporation, presented a proposal involving the Fort Collier Estate property and the HRAB approved the proposal. Mr. Carper also reported that the HRAB is recommending an ordinance to establish a Frederick County Historic Property Designation Program, which will be presented to the Planning Commission shortly. Economic Development Commission (EDC) Mr. Romine reported that the Education Subcommittee of the EDC met and discussed ways to assist local industries. SITE PLANS Site Plan 5-92 of Winchester Airport Authority for the extension of the airport safety zone_ Action - Approval 3 Mr. Bise reported that the purpose of the site plan is to create an ultimate safety area to support the new runway extension at the Winchester Regional Airport. He said that the project will entail the clearing of approximately 16 acres of airport property, the creation of a stormwater retention basin to be shared with Westview Business Center, some relocation of water, sewer, electric and gas lines, and the relocation of a portion of Route 728 (Victory Lane). Mr. Bise said that the improvements have been approved by VDOT and will require review and approval from the County Engineer, the Sanitation Authority, the Fire Marshal, and the Planning Department. Mr. Bise said that the Airport Authority has asked that this site plan be presented to the Planning Commission on May 20, 1992 and the Board of Supervisors on May 27, 1992 in order to meet the time frame allotted by the Federal Aviation Administration (FAA). The FAA is responsible for funding 90% of the project and the State and the Authority will each provide 5 % of the total cost. Mr. Kenneth W. Brammer, P.E., with Delta Associates, Inc., was present to represent the Winchester Regional Airport. Mr. Brammer said that the project will involve regrading, extension and enlargement (50' X 1,000') of the existing safety area off runway #32 to support corporate aircraft. Upon motion made by Mr. Wilson and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Site Plan #005-92 of Winchester Regional Airport Authority for the extension of a safety zone. This property is located on Route 645 (Airport Road) in the Shawnee Magisterial District. SUBDIVISIONS Subdivision Application #003-92 of Battlefield Partnership for two roads --Marathon Drive and Sulky Drive. This property is identified as PIN #s 75000030000110 and 750000300001111 in the Back Creek District. Action - Approved Mr. Tierney said that subdivision of Marathon Drive and Sulky Drive is required so that they may be dedicated to Frederick County for eventual entry into the state's secondary road system. He said that Battlefield Partnership subdivision is in conformance with the approved master development plan. The northern end of Sulky Drive will be a temporary termination point and turn around, since this street will eventually be extended further to the north and back out to an additional intersection with Route 11. Staff recommendation was for approval with the requirement that all VDOT comments and requirements be satisfied as requested. 4 Mr. Richard Hardison, a partner of Battlefield Partnership, was present to answer questions from the Commission. Upon motion made by Mr. Marker and seconded by Mrs. Copenhaver, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application #003-92 of Battlefield Partnership for two roads --Marathon Drive and Sulky Drive. This property is located on Rt. 11 S., approximately 3200' from the Rt. 37 interchange and is zoned B2. MASTER DEVELOPMENT PLANS Master Development Plan #004-92 of Freeton for 18 townhouses. This property, zoned RP, is identified with PIN #s860000A0000040, 860000A0000050, 860000A0000080, and 86000OA0000090 and is located in the Opequon District. Action - Approved Mr. Charles W. Maddox, P.E., with G. W. Clifford & Associates, was representing this master plan. Mr. Maddox also introduced Mr. Doug Legge, the project manager, and Mr. Jimmy Stewart, one of the owners of the property. Mr. Maddox said that they will provide a six foot berm buffer with a mixture of evergreen and deciduous trees in accordance with the requirements for buffers between single- family and multi -family zones. He said that all the open space is dedicated to the homeowners association, which includes maintenance of the trees. Mr. Maddox said that all water from the site drains toward the stormwater management pond. He said that water from the pond drains to B1 land to the south and ultimately, to Route 277 and Stephens Run. Mrs. Copenhaver was concerned about the proximity of the tot lot to the water retention pond. Mr. Maddox felt it would be hazardous to move the tot lot closer to Rt. 641. He added that fencing drainage ponds tends to create maintenance problems. Mrs. Copenhaver suggested fencing the tot lot. Mr. Thomas asked if the applicant would consider adding 200' of sidewalk laterally along Rt. 641 for movement of pedestrians, considering that the residents will probably be walking to Aylor School and Jamesway. Mr. Tierney said that the staff had two concerns regarding the MDP. He said that the first concern, dealing with buffer and screening requirements, has been addressed by the 5 applicant and the staff will ensure that details are placed on the master plan. The second concern regards the location of the parking lot by unit #18. He said that a 25' strip of property will be dedicated to Frederick County for future improvements to Route 641. When this is complete, the parking lot will border on Route 641. Section 3-3-2.5 of the Frederick County Zoning Ordinance requires that all parking lots be located no closer than five feet from any property line. Mr. Tierney said that staff recommendations were for approval provided that an adequate full screen buffer is provided along the RP property line, the parking lot is setback at least five feet from the 25' dedication for Route 641, and all review agency comments should be adequately addressed. Chairman Golladay called for public comment and the following person came forward: Mr. Clyde Williams, adjoining property owner, had concerns on how this development would affect his property value and if the construction would impinge upon his property. Upon motion made by Mr. Thomas and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #004-92 of Freeton for 18 townhouses on 2.4911 acres zoned RP, with the stipulation that a fence be placed around the tot lot, that approximately 200' of sidewalk be added along Route 641, and that all review agency and staff comments be addressed. SUBDIVISIONS Subdivision Application #004-92 of Freeton for 18 lots on 2.4911 acres zoned RP. This property is designated as PIN #s 860000A0000040, 860000A0000050, 860000A0000080, and 86000OA0000090 in the Opequon Magisterial District. Action - Approved Mr. Tierney stated that the Freeton subdivision application is in conformance with the master development plan and complies with the Subdivision Ordinance requirements. He said that staff recommendations were for approval with the condition that all review agency comments be adequately addressed and that the master plan is approved by the Board of Supervisors. Mr. Charles W. Maddox, with G. W. Clifford & Associates, was representing this master plan. L Upon motion made by Mr. Thomas and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision Application #004-92 of Freeton for 18 townhouse lots with the condition that 1) all review agency comments are adequately addressed and 2) the master plan is approved by the Board of Supervisors. OTHER Discussion Regarding Recommendations from the Transportation Committee for the Winchester Area Transportation Study (WATS) Ms. Frances Stanley said that the Transportation Committee met on May 4, 1992 to discuss the WATS and to give recommendations concerning the interchanges. She reported the following from the Committee: The Committee felt that once funding was available, the first interchange to be improved should be the Rt.11N/Rt.37/I-81, followed by the interchange at Rt. 277, then that at Rt. 50. The Committee noted several problems at the interchange at Rt. 277; they did not like the proposal of Rt. 647 as one-way northbound, nor adding the bridge crossing. The Committee suggested creating a right turn lane on Route 647 and adding a right turn signal at this location to keep traffic flowing. The Committee did agree that Rt. 277 should be widened. The Committee felt that the interchange at Rt. 50 should be reevaluated, but felt the short term proposal may be the best solution. Finally, although the Committee felt that Rt. 11N/Rt. 37/I-81 should have top priority, no specific revisions to this interchange were proposed. Mr. Shenk suggested that the Commission send only the priority list and not the diagrams. He felt that including the diagrams would cause confusion. Upon motion made by Mr. Wilson and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the improvements priority list, without the proposed solutions, as presented by the Transportation Committee. Discussion Regarding a Proposed Interchange on Route 37 for the Winchester Medical Center. Mr. Tierney said that the Winchester Medical Center is proposing to construct a new interchange on Route 37 between the interchanges on Route 50 and Route 522. He said that this interchange would be designed to provide access only to the east of Route 37. Mr. Tierney 7 said that The Medical Center will be asking the Board of Supervisors to pass a resolution of support at their meeting on May 27. He said that a recommendation from the Planning Commission concerning support for or opposition to this project would be appropriate. Mr. Dave Sweeney, Vice President of Planning at The Winchester Medical Center, was available to answer questions. Chairman Golladay pointed out that the Commission will not be approving any development on the west side of Route 37, regardless of the decision made on this interchange proposal. Mr. James Barnett, the Winchester City Liaison, stated that ever since the Medical Center moved to the City, officials have been concerned about how to get traffic out of the north end of the 156 acres of hospital property. Upon motion made by Mr. Romine and seconded by Mr. Shenk, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously support the proposal by The Winchester Medical Center for anew interchange on Route 37 West. INFORMAL DISCUSSION WITH THIN LINE, INC. Mr. Stephen Gyurisin, of Plans & Projects, was present with representatives from Thin Line, Inc. to discuss a proposal to allow Human Service Centers in the MI (Light Industrial) Zoning District. Mr. Gyurisin said that Thin Line was present at the request of the Planning Staff to provide information about Thin Line and about the development of a site they have located for their corporate and counselling offices along with their pre-release residential services. Mr. Mark Puckett, the Founder and Executive Director of Thin Line, Inc., explained that Thin Line, Inc. is a non-profit human services organization that provides counseling for persons with substance abuse problems. Mr. Puckett described the program to the Commission. Mr. Gyurisin said that they are interested in purchasing the 10 -acre I. Fred Stine (Fort Collier) home and site at the intersections of Route 11 North and Brooke Drive for their facility. Mr. Gyurisin said that they have gone through the process with the State to have the site determined "eligible" for the national register for historic sites. He said that they intend to allow access to the historical areas of the site by the public, but have not yet worked out the details. E3 Mr. Gyurisin said that representatives of Thin Line have met with the Development Review and Regulations Subcommittee and it was determined that this use would be appropriate in the M1 (Industrial Limited) Zoning District provided that the following regulations were placed on this use: 1) This use shall be located on a minimum of three (3) acres. 2) This use shall not be located in a planned/platted industrial park. 3) This use shall be served by public water and sewer. 4) All structures associated with this use shall comply with the on-site buffer requirements specified in Section 3-12-4.1 of the Frederick County Zoning Ordinance. 5) The floor area for residential uses shall be secondary to the outpatient office floor area. 6) The maximum number of residents shall not exceed 24 persons. 7) A residential manager shall be on duty 24 hours daily. Mr. Romine had concerns that the regulations suggested would not prevent this type of facility from being established in other county industrial parks. Mr. Thomas felt that the minimum acreage should be seven to ten acres instead of three acres. Staff noted that a code amendment request by Thin Line, Inc. would be presented to the Planning Commission at their June 3 meeting. No action was taken by the Commission at this time. ADJOURNMENT No further business remained to be discussed and the meeting adjourned at 8:35 p.m. by unanimous vote. Respectfully submitted, Robert W. Watkins, Secretary Tames W. Golladay, Jr., Chairman M E M O R A N D U M TO: Frederick County Planning Commission FROM: Robert W. Watkins, Secretary SUBJECT: Bimonthly Report DATE: June 23, 1992 (1) Rezonin s Pendin . dates are submittal dates Twin Lakes 4/04/90 (Shaw) (RA to B2/RP) (2) Rezonin s Approved: dates are BOS meeting dates None (3) Rezonin s Denied: dates are BOS meeting dates Ston Marshall Williams 07/10/92 (Shaw) (RA to M2) (4) Conditional Use Permits Pending: dates are submittal dates James R. Orndorff 05/04/92 BkCk Dog Kennel John Merrill 05/06/92 Gain Off premise sign Joan & Kristi Riggleman05/29/92 Gain Bridal Consultant (5) Conditional Use Permits Approved: dates are avoroval dates None (6) Site Plans Pending: dates are submittal dates Wheatlands Wastewater Grace Brethren Church Flex Tech Hampton Chase Lake Centre Red Star Express Lines Youth Development Ctr. Winchester Airport Fac. 9/12/89 Opeq 6/08/90 Shaw 10/25/90 Ston 12/18/90 Ston 05/15/91 Shaw 05/24/91 Ston 09/11/91 Shaw 03/02/92 Shaw Freeton 04/27/92 Opeq Greenwood Bapt. Church 05/07/92 Shaw Albin Ridge Warehouse 06/11/92 Gain trmt.facil church Lgt. Industrial S.F. & T.H. Townhouses Whse. Addition Youth meeting facilities Increased safety zone/road relocation Townhouses Church & Parish Addition warehouse units 2 Airport Business Ctr. 06/22/92 Shaw Office building (7) Site Plans Agproved: (dates are approval dates) Miles, Inc. Negleyland 06/04/92 Opeq Manufacturing 06/18/92 Ston Office /Conm►ercial (8) Subdivisions Pending: (dates are submittal dates) None (9) Subdivisions Pending Final Admin. Approval: (P/C approval dates Abrams Point, Phase I Frederick Woods Hampton Chase Lake Centre Hershey Property Fredericktowne Est. (sections 5, 6 and 7) Coventry Courts Senseny Glen Freeton Battlefield Partnership 6/13/90 Shawnee 5/16/90 Opequon 02/27/91 Stonewall 06/19/91 Shawnee 10/02/91 Stonewall 10/16/91 Opequon 12/04/91 Shawnee 12/04/91 Shawnee 05/20/92 O p e q u o n 05/2.0/92 Back Creek (10) PMDP Pending: (dates are submittal dates) Hampton Chase (revised) 03/31/92 Stonewall Freeton 04/27/92 Opequon (11) FMDP Pending Administrative Approval: (dates are BOS approval dates Battlefield Partnership 04/08/92 Back Creek (12) FMDP Administ. Approved dates are admin. approval dates None (13) Board of Zoning Appeals Applications Pending:(submit. dates)_ None 3 (14) BZA Applications Approved• (approval dates) Negley Construction 06/16/92 Shawnee Barbara & Terry Franklin 06/16/92 Opequon (15) BZA Applications Denied: Stephen Fretwell 06/16/92 Ston 12' rear (house) 8' rear (existing house) Appeal to Zoning Administrator's interpretation. (16) FLANS RECD. FOR REVIEW FROM CITY OF WINCHESTER None P/C Review Date: 07/01/92 CONDITIONAL USE PERMIT #009-92 JOHN E. MERRILL Off Premise sign LOCATION: In the Reynolds store area of Frederick County, north of Alkire's Store on the west side of Route 522. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER 60000OA000075A PROPERTY ZONING & PRESENT USE• Zoned RA (Rural Areas), land use - residential. ADJOINING PROPERTY ZONING & PRESENT USE: land use - residential PROPOSED USE: Off premise sign REVIEW EVALUATIONS: Zoned RA (Rural Areas), Virginia Department of Transportation: In accordance with the laws of the Commonwealth of Virginia, no private advertisement sign can be placed on the State's right-of-way.. Prior to erection on private property, a permit may have to be applied for through our District office in Staunton. Inspections Department_ Building shall comply with the Virginia Uniform Statewide Building Code and Section 311, USE. Group U, (Utility) of the BOCA National Building Code/1990. Planning Department• The applicants are requesting an off premise business sign to advertise their business, the Log Cabin Campground. Business signs are an allowed use in this zoning district, and off premise business signs are permitted with a conditional use permit. Page -2- Merrill CUP The applicants are proposing to place this sign on property owned by the Reynolds Store Volunteer Fire Company. This parcel has an existing billboard on site and has an event advertising sign to highlight events within the Fire Hall itself such as bingo, etc. There is a billboard on the adjoining property just to the north and this sign will add to the clutter of signs in this vicinity. However, it would be inconsistent to not allow a business sign here when others already exist. STAFF RECOMMENDATIONS FOR July 1, 1992: Staff recommends approval with the following conditions: 1. The sign will be maintained in accordance with the requirements of the Frederick County Zoning Ordinance and the Virginia Department of Transportation. 2. If the dimension of the sign is changed, a new conditional use permit will be required. 3. The sign will be located at least 50 feet from any other business sign. J Submittal Deadline P/C Meeting �BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGIINIA 1. Applicant (The applicant if the 1/ owner other) NAME: ADDRESS: —Qz r TELEPHONE 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: —n n (please give exact directions) 4. The property has a road frontage of ,,3 i feet and a depth of ©p feet and consists ofac res. (Please be exact) 5. The property is owned by S , as evidenced by deed from!d- erecorded (previous owaer in deed book no. — on page registry of the County of Frederick. 6. 14 -Digit Property Identification No. Magisterial District Current Zoning 7. Adjoining Property: North USE ZONING _ _ East V. d. ,�Z – (Zd. South - West - Qd L2o. page --2- CUP Application August, 1990 8. The type of use proposed is (consult with the Planning Dept. before completing) --�rQ4r. �n�.;s.; 9. It is -proposed that the following buildings will be constructed: 4L- 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in, front of (across street from) the property sought to be permitted. (Continue on back if necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14—DIGIT NUMBER.) NAME C% Address Property ID# 6 Occ> 4` aoo d (Z��,a. �. 0►11�.:.t AddressL _t i�a�r V 1Avg Property IDu 6 000CL. fl9 O Do JoL.... �► o •,•� p s Address G— t SOW q15 ZZ i. 1 Property ID# JL to 000 o `cl( o AddressG V*WK3 W.r-<�:aMF VA Bose qbD � Property ID# COQ 09 0 �Yb. lac v . SL•�-�'wve� Address -1 tow 300 C.^6sS"'�" 1z -L Property ID# L COM M7 a 00610 Address Property ID, pooc7 po? �OoU �Lo C% NAME �1....'i.wr►..- L+°�+� Address� �i-A-�O Property ID, b 0000e� i r�aco a Address Property ID# L pD�c� ooa c7 � Address Property IDf Address Property IDO Address Property IDO Address Property IDS Address Property IDffi Address Property ID# Address Property ID# Address Property IDf Address Property IDI Address Property IDf page -3 - CUP Application August, 1990 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. r C ref r Uri �o�y page -4- CUP Application August, 1990 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearincx. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. r RA P/C Review Date: 07/01/92 CONDITIONAL USE PERMIT 008-92 JOAN M. & KRISTI C. RIGGLEMAN Cottage Occupation Consultation Service (T/A Ellie's Bridal Consultation) LOCATION: Three miles north of Winchester on Route 522 North, immediately north of John's Grocery MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER 41000OA0000990 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), land use - residential ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), land use - residential , agricultural and agricultural business PROPOSED USE: Cottage Industry -- consultation service REVIEW EVALUATIONS: Vircrinia De artment of Transportation: No objection to conditional /special use for this property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Fire Marshal: Approval of this CUP would not significantly impact fire and rescue resources. Inspections Department: Building shall comply with the Virginia Uniform Statewide Building Code and Section 303, USE ti Group B, (Business) of the BOCA National Building Code/1990. Other codes that apply are title 28 Code of Federal Regulations, Part 36 Nondiscrimination of the basis of Disability by Public Accommodation and in Commercial Page 2 Riggleman CUP Facilities. Permit required shall be a 'Change of Use" on existing building. Health Department: No objection since business will cause no extra water use. Planning Department: The Riggleman's are currently operating Ellie's Bridal Shop in the Hamman Building on the Loudoun Street Mall. They will be closing that business and intend to continue to offer a consulting service at the above indicated location. The business will be conducted from an accessory building and will be operated by the mother/daughter partnership with no additional employees. NOTE: Conditional use permit #016-90 of Christopher Chisolm currently exists for this location. This was for a kennel and dog grooming service. There is no indication that this business is active since the sign has been removed, the phone has been disconnected and there is no listing for this individual in the Winchester area. Staff recommends this CUP, #016-90, be cancelled. STAFF RECOMMENDATIONS FOR JULY 1, 1992: Staff recommends approval with the following conditions: 1. All review agency comments are complied with. 2. No more than one sign shall be placed along Route 522 and it shall be limited to four square foot in area. 3. No structures shall be expanded to contain the use nor new structures constructed to contain the use, unless a revised CUP is obtained. Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. A'ptplicant (The applicant if the owner other) NAME: Joan M_ & Kristi C. Ricrala'gan T A Ellie's Bridal Consultation ADDRESS: HCR 36 Eox 114 Winchester VA 22601 TELEPHONE 667-3013 2. Please list all owners, occupants, or parties in interest of the property: Mi 1 C`iisholnravner & Lois F. Chisholm -c wnex Joan P 3. The property is located at: (please -give exact directions) Rom 114 r' si Of the Wi mcbester ci t, 1 i mi t , i mn j atal �z no , h of John ' s- -- 0 4. The.property has a road frontage of 300 feet and a depth of 2000 feet and consists of 6 acres. (Please be exact) 5. The property is owned by J. Michael P. & Lois F. Chisholm evidenced by deed from in deed book no. 523 County of Frederick. owner) as recorded — on page 727 , registry of the 6. 14 -Digit Property Identification No. 41-- A--99- Magisterial District Gainesboro Current Zoning RA 7. Adjoining North East South West Property: USE Agricultural Residential —Business/AG Agricultural ZONING r RA RA RA RA page -2- CUP Application August, 1990 S. The type of use proposed is (consult with the Planning Dept. before completing) Cottage Industry -consultation service 9. It is -proposed that the following buildings will be constructed: None 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property sought to be permitted. (Continue on backif necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14 -DIGIT NUMBER.) NAME Address Rt 2 Box 872 Winchester, VA 22601 Fred E. Unger Property ID# 41 A 98 u)_ _ _ , A -- - - 98 Address Jeanne D. F It ner c/o Jeanne Fahnes-t-c� Property ID# U a _ _ _ _ ,q _ _ _ 7 E _,., Address HC 36 Box 116 A Winchester, VA 22601 Patricia D. Lewis Property ID# 41A 7D J,� j _ _ _ - _ _ --70- 70 -Address John E. Shelly, Jr. Address Rt 5 Box 699 Winchester, VA 22601 Property ID#41 A 100 y1 - _ _ -A - - - Address 13loarery Star Route Box 78 Winchester, VA Property ID# ��----� Paul S. & Joy Racey 41A 105 --'- Address Rt 1 Box 23-3 Sterling, VA 22170 t property ID#_ -. -- '� 1 - -" p " B24 & G Investments 41 10 lA - NAME Jack L. Wilfong, Jr. AddressBox 112 A Bloanexv Star Route Winchester, VA Property ID# 30 A 138 30- - - -A - - - 13� -- Zachary W. Smith Address HC 36 Box 76 %linchester, VA 22601 Property ID# 30 A 138 A 30, - - - A - - 13� 4- Agnes V. Cather Address Rt 2 Box 852 Winchester, VA 22601 property ID# 30 A 1373d-_-'-�_-- Agnes V. Cather AddressRt 2 Box 852 Winchester, VA 22601 Property ID# 30 A 136 -8L0 - David R. & Eva L. Flowers Address Bloanery Star ?mute Winchester, VA 22601 property ID# 30 A 177 30---- A --- i-77- Charles W. Cis` ` Address Bloa*exy Star Route Box 118 Winchester, VA Property ID# 30 A 178 30- - - - Richard A. & Ann M. Fletch Address Bloarery Star Route Box 81 Winchester, VA Property ID# 30 A 179 3o Address Property ID# Address Property ID# Address Property ID# Address Property ID# Address Property ID# page -3- CUP Application August, 1990 11. Please use this page for your sketch of the property. show proposed and/or existing structures on the property, including measurements to all property lines. page -4- CUP Application August, 1990 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to Tae when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors ublic hearg. 7,7"C' , //' Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. ita r FWA, i �n T U,4z2,dc/ 411 a• - f M� Xz ItA stA :. ��• » � ,••/ . � moi. •tv `� - � �\ •I " �\. •. I, / ` J/ � �tl `,,'a•� 1,. ' � F / r•L /r ` Y 1 � ` \ �. �f 1 an •y/ + , ;'T : \ �• J • , /' r rr '. _ . / p _^•` err v __ \� . n - c IA \. ., \ �A J c * -i •_�'a� ' a ..7 r ...i as m � • r�.� 9 a •- ,•va m .AO,• ...1. .+� JZA IZA COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM To: Planning Commission Members From: Lanny Bise, Planner I Subject: Revisions to the Floodplain and Definitions sections of the Zoning Ordinance. Date: June 17, 1992 Please find attached copies of the revised Article, XIII, Floodplain Districts, Article XVII, Nonconforming Uses, Article XVIII, Board of Zoning Appeals, and Article XIX, Definitions of Chapter 21, Zoning Ordinance, of the Frederick County Code. The revisions to these Articles are highlighted in bold print and are being done to bring our Floodplain Ordinance into compliance with FEMA (Federal Emergency Management Act) requirements. Failure to do so will result in Frederick County being dropped from the National Flood Insurance Program (NFIP). These revisions were reviewed by the Development Review and Regulations Committee at their June 9th meeting and their comments have been incorporated into the revisions. I look forward to discussing this with you in person LCB/slk THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 AMENDMENT FREDERICK COUNTY CODE Planning Commission July 1 1992 Board of Supervisors AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER_ 21, ZONING ORDINANCE WHEREAS, An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article XIII, Floodplain Districts, was referred to the Planning Commission on July 1, 1992; and, WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on July 1, 1992; and, WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on ; and WHEREAS, the Frederick County Board of Supervisors find this ordinance amendment to be in the best interest of the public health, safety, welfare convenience and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise Article XIII, Floodplain District, as described on the following attachment. ARTICLE XIII FLOOD PLAIN DISTRICTS - FP 13-1 DESCRIPTION OF DISTRICTS 13-1-1 BASIS OF DISTRICTS - The various flood plain districts shall include areas subject to inundation by waters of the one hundred (100) year flood. The basis for the delineation of these districts shall be the Flood Insurance Study for Frederick County prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, dated July 17, 1978. 13-1-1.1 The Floodway District is delineated for purposes of this ordinance using the criteria that a certain area within the flood plain must be capable of carrying the waters of the one hundred year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this District are specifically defined in Table 2 of the above referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map. 13-1-1.2 The Flood -Fringe District shall be that area of the one hundred year flood plain not included in the Floodway District. The basis for the outermost boundary of this District shall be the one hundred year flood elevations contained in the flood profiles of the above referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map. 13-1-1.3 The Approximated Flood Plain District shall be that flood plain area for which no detailed flood profiles or elevations are provided, but where a one hundred year flood plain boundary has been approximated. Such areas are shown on the Flood Insurance Rate Maps (as prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, dated July 17, 1978). In determining the necessary elevations for the purposes of this ordinance, other sources of data may be used such as: 13-1-1.3.1 Corps of Engineers - Flood Plain Information Reports. 13-1-1.3.2 U.S. Geological Survey - Flood Prone Quadrangles. 13-1-1.3.3 U.S.D.A., Soil Conservation Service - Flood Hazard Analyses. 13-1-1.3.4 Known Highwater Marks from Past Floods. 13-1-1.3.5 Other sources. 13-1-2 OVERLAY CONCEPT 21-13-2 13-1-2.1 The Flood Plain Districts described above shall be overlays to the existing underlying districts as shown on the official zoning ordinance maps, and as such, the provisions for the flood plain districts shall serve as a supplement to the underlying district provisions. 13-1-2.2 Where there happens to be any conflict between the provisions or requirements of any of the Flood Plain Districts and those of any underlying district those pertaining to the Flood Plain Districts shall apply. 13-1-2.3 In the event any provision concerning a Flood Plain District is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable. 13-2 OFFICIAL ZONING MAP The boundaries of the Flood Plain Districts are established as shown on the Flood Boundary and Floodway Map which are by reference made a part of this ordinance. 13-3 DISTRICT BOUNDARY CHANGES The delineation of any of the flood plain districts may be revised by Frederick County where natural or man-made changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency or individual documenting the necessity for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. 13-4 DISTRICT PROVISIONS 13-4-1 All uses, activities, and development occurring within any Flood Plain District shall be undertaken only upon the issuance of a building permit. Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all regulations to include compliance with all applicable State and Federal laws. 13-4-2 Under no circumstances shall any use, activity, or development adversely affect the capacity of the channels or floodways of any watercourse, drainage Aitch or ,any other drainnge facility nr system. 13-4-3 Prior to proposed alteration or relocation of any channels or any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, the Virginia State Water Control Board, and the Virginia Marine Resources Commission (a joint application is available from any of 21-13-3 these organizations). Furthermore, notification of the proposal shall be given by the applicant to all affected jurisdictions, the Division of Soil and Water Conservation (Department of Conservation and Recreation), and the Federal Insurance Administration. 13-4-4 A land disturbance permit shall only be issued or site plan approved in the floodway district if a floodplain study has been prepared by a registered engineer showing that there will not be adverse impacts on upstream and adjacent properties. 13-4-5 All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information: 13-4-5.1 For structures to be elevated, the elevation of the lowest floor (including basement). 13-4-5.2 For structures to be floodproofed (non-residential only), the elevation to which the structure will be floodproofed. 134-5.3 The elevation of the one hundred -year flood. 13-4-5.4 Topographic information showing existing and proposed ground elevations. 13-4-6 Recreational vehicles are prohibited within the floodplain district. 13-5 FLOODWAY DISTRICT 13-5-1 In the Floodway District, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the one hundred (100) -year flood elevation. 13-5-2 The placement of any structure within the Floodway District is specifically prohibited. 13-6 EXISTING STRUCTURES IN FLOODPLAIN DISTRICTS A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: 13-6-1 Existing structures in the Floodway District shall not be expanded or enlarged 21-13-4 unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the one hundred -year flood elevation. 13-6-2 Any modifications, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of less than fifty percent of its market value, shall be elevated and/or floodproofed to the greatest extent possible. 13-6-3 The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its locations in a floodplain area, to an extent or amount of fifty percent or more of its market value shall be undertaken only in full compliance with the provisions of this ordinance and the Virginia Uniform Statewide Building Code. 13-7 ALLOWED USES In the Floodway District the following uses and activities are permitted provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill or storage of materials and equipment: 13-7-1 Agricultural uses such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 13-7-2 Public and private recreational uses and activities such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking, and horseback riding trails, wildlife and natural preserves, game farms, fish hatcheries, trap and skeet game ranges, and hunting and fishing areas. 13-7-3 Accessory residential uses such as yard areas, gardens, play areas, and pervious loading areas. 13-7-4 Uses permitted with a conditional use permit: 13-7-4.1 Accessory industrial and commercial uses such as yard areas, pervious parking and loading areas, airport landing strips, etc. 13-7-4.2 Utilities and public facilities and improvements such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants, and 21-13-5 other similar or related uses. 13-7-4.3 Other similar uses and activities provided they cause no increase in flood heights and/or velocities. All uses, activities, and structural developments, shall be undertaken in strict compliance with the flood -proofing provisions contained in all other applicable codes and ordinances. 13-8 FLOOD -FRINGE AND APPROXIMATED FLOOD PLAIN DISTRICTS In the Flood -Fringe and Approximated Flood Plain Districts, the development or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities, or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. 13-9 DESIGN CRITERIA FOR UTILITIES AND FACILITIES 13-9-1 New sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) are prohibited in the Floodway, Flood -Fringe, and Floodplain Districts. 13-9-2 Replacement sanitary sewer facilities and private package sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. 13-9-3 All new or replacement water facilities shall be designed to minimize or eliminate infiltration of flood waters into the system and be located and constructed to minimize or eliminate flood damages. 13-9-4 All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The system shall ensure drainage away from buildings and on-site waste disposal sites. The Board of Supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate Iarger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. 13-9-5 All utilities, such as gas lines, electrical and telephone systems being placed in flood -prone areas should be elevated (where possible), and constructed to 21-13-6 minimize the chance of impairment during a flooding occurrence. 13-9-6 Streets and sidewalks should be designated to minimize their potential for increasing and aggravating the levels flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights. 13-10 VARIANCES: FACTORS TO BE CONSIDERED In passing upon applications for Variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of the Zoning Ordinance and consider the following additional factors: 13-10-1 The danger to life and property due to increased flood heights or velocities caused by encroachments. no variance shall be granted for any proposed use, development, or activity within any Floodway District that will cause any increase in the one hundred -year flood elevation. 13-10-2 The danger that materials may be swept on to other lands or downstream to the injury of others. 13-10-3 The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. 13-10-4 The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. 13-10-5 The importance of the services provided by the proposed facility to the community. 13-10-6 The requirements of the facility for a waterfront -location, 13-10-7 The availability of alternative locations not subject to flooding for the proposed use. 13-10-8 The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 13-10-9 The relationship of the proposed use to the comprehensive plan and floodplain management program for the area. 13-10-10 The safety of access by ordinary and emergency vehicles to the property in time of flood. 21-13-7 13-10-11 The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. 13-10-12 The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. 13-10-13 Such other factors which are relevant to the purposes of this ordinance. 13-10-14 The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to the County Engineer for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. 13-10-15 Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in (a) unacceptable or prohibited increases in flood heights, (b) additional threats to public safety, (c) extraordinary public expense; and will not (d) create nuisances, (e) cause fraud or victimization of the public, or (f) conflict with local laws or ordinances. 13-10-16 Variances shall be issued only after the Board of Zoning Appeals has determined that a variance will be the minimum required to provide relief from any hardship to the applicant. 13-10-17 The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one hundred -year flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance. 13-10-18 A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. THIS ORDINANCE SHALL BE IN EFFECT UPON ITS PASSAGE. PASSED THIS DAY OF , 199 A COPY TESTE JOHN R. RILEY, JR. FREDERICK CO. ADMINISTRATOR AMENDMENT FREDERICK COUNTY CODE Planning Commission July 1 1992 Board of Supervisors AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 21. ZONING ORDINANCE WHEREAS, An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article XVII, Nonconforming Uses, was referred to the Planning Commission on July 1, 1992; and, WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on July 1, 1992; and, WBEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on ; and WHEREAS, the Frederick County Board of Supervisors find this ordinance amendment to be in the best interest of the public health, safety, welfare convenience and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise Article XVII, Nonconforming Uses, as described on the following attachment. 21-17-1 ARTICLE XVII NONCONFORMING USES 17-1 CONTINUATION Any use which does not conform with the requirements of this Chapter at the effective adoption date of this Chapter may be continued so long as it remains otherwise lawful. Structures and land may continue to be used as they were at the effective adoption date so long as they remain otherwise lawful. Any use which subsequently becomes nonconforming as a result of amendments to this Chapter may continue as it was at the time of the adoption of the amendment, as long as it remains otherwise lawful. Such nonconforming uses shall conform with all laws in effect at the time when the use was established. 17-1-1 If any change of ownership, possession, or lease of any nonconforming use occurs, the use may continue according to the requirements of this Article. 17-1-2 When the boundaries of a district are changed, any uses of land or structures which become nonconforming as a result of such change shall be subject to the provisions of this Article. 17-2 DISCONTINUANCE If any nonconforming use is discontinued for a period exceeding one (1) year after the enactment of this Chapter, it shall be deemed to be abandoned and any use thereafter shall conform with the requirements of this Chapter. 17-2-1 Seasonal nonconforming uses that have been in continuous operation for a period of two years or more prior to the adoption of this Chapter may be continued. 17-3 REESTABLISHING A DISCONTINUED NONCONFORMING USE Any use that was legally nonconforming under the provisions of this Article and that was discontinued due to abandonment, may be reestablished by obtaining a conditional use permit. Such conditional use permit shall be granted only for a use that is of equal or lesser nonconformity than the original use in relation to intensity, type of use, dimensional requirements or other requirements. Such requests to reestablish an abandoned use shall be considered following the procedures for conditional use permits in this Chapter. 21-17-2 17-4 EXPANSION AND MODIFICATIONS 17-4-1 In no case shall any nonconforming landfill, junkyard, trash disposal site, or automobile graveyard be expanded. Nonconforming signs shall not be increased in size or in number. 17-4-2 All other nonconforming uses may be expanded up to fifty percent (50%), measured in terms of the total floor area of the original non -conforming structures or total site area of nonstructural uses. 17-4-3 A nonconforming structure or use may be expanded or modified only if such expansion or modification will not result in an increase in the degree of nonconformity. The expanded or modified uses shall conform with all requirements of this Chapter other than those for which the use or structure was nonconforming at the time of the adoption of this Chapter or its amendments. 17-4-4 Whenever a nonconforming use is changed to another use, it shall only be changed to a use that is of equal or less nonconformity in terms of the type or intensity of the use. 17-4-5 A non -conforming structure or use of a structure or premises that is located within the Floodplain Districts, may be expanded provided they meet the conditions set forth in this Article as well as Article XIII Section 13-6 of this Chapter. 17-5 NONCONFORMING LOTS OF RECORD Any lot of record at the time of the adoption of this Chapter, which is less in area or frontage than the requirements of this Chapter, may be used for uses allowed by this Chapter when yard and setback requirements are met. 17-6 RESTORATION OR REPLACEMENTS Any nonconforming use or structure that is destroyed by fire, windstorm, explosion, act of public enemy, accident, or for any other reason whatsoever may be continued only so long as the owners of the property file with the Zoning Administrator, within six (6) months of the destruction or damage, a notice of intention to continue the nonconforming use . In such cases, the restoration or construction shall commence within one (1) year of the date that such notice is received. If the notice is not received or if restoration does not begin within one (1) year, the use shall be deemed to be abandoned under the provisions of this Article. THIS ORDINANCE SHALL BE IN EFFECT UPON ITS PASSAGE. PASSED THIS DAY OF , 199 A COPY TESTE JOHN R. RILEY, JR. FREDERICK CO. ADMINISTRATOR AMENDMENT FREDERICK COUNTY CODE Planning Commission July 1 1992 Board of Supervisors AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 21, ZONING ORDINANCE WHEREAS, An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article XVIII, Board of Zoning Appeals, was referred to the Planning Commission on July 1, 1992; and, WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on July 1, 1992; and, WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on ; and WHEREAS, the Frederick County Board of Supervisors find this ordinance amendment to be in the best interest of the public health, safety, welfare convenience and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise Article XVIII, Board of Zoning Appeals, as described on the following attachment. 21-18-1 ARTICLE XVIII BOARD OF ZONING APPEALS 18-1 IN GENERAL A Board of Zoning Appeals shall be appointed by the Circuit Court according to the requirements and provisions of the Code of Virginia. The Board of Zoning Appeals shall organize and conduct itself according to all requirements of the Code of Virginia. The Board of Zoning appeals shall consist of five (5) members appointed for five (5) year terms. 18-2 POWERS AND DUTIES 18-2-1 ADMINISTRATIVE APPEALS - The Board of Zoning Appeals shall hear and decide appeals from any order, requirement, decision or determination made by the Zoning Administrator, Director of Planning and Development, or other administrative officer with authority to administer or enforce the requirements of this Chapter. 18-2-1.1 Procedures - An appeal to the Board of Zoning Appeals may be taken by any person, department, board, county or municipality aggrieved or affected by any decision of the Zoning Administrator. Such appeal shall be taken within thirty (30) days after the decision by filing with the Zoning Administrator and Board of Zoning Appeals a notice of appeal specifying the grounds thereof. The Zoning Administrator shall transmit to the Board all the papers constituting the record upon which the action appealed was taken. An appeal shall stay all proceeding in furtherance of the action appealed unless the Zoning Administrator certifies to the Board that by reason of facts stated in the certificate, a stay would. in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the Board or by a court of record, on application and on notice to the Zoning Administrator and for good cause shown. The Board shall fix a reasonable time for the hearing of an application or appeal and shall give public notice thereof as well as due notice to the parties in interest. It shall decide the appeal within sixty (60) days. The Board may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed according to the procedures described in the Code of Virginia. 18-2-2 MAP INTERPRETATIONS - The Board of Zoning Appeals shall hear and decide applications for the interpretation of the zoning district map after notice to the owners of the property affected and after public hearing held 21-18-2 according to the requirements of the Code of Vir ig•nia. The Board shall interpret the map in such a way as to carry out the intent and purpose of the ordinance for the particular district in question. The Board shall not have the power to change substantially the locations of district boundaries as established by this Chapter. The Board shall not have power to rezone property. 18-2-3 VARIANCES - The Board of Zoning Appeals shall hear and decide application for variances from specific terms or requirements of this Chapter in specific cases. Variances shall only be granted by the Board in the following cases: 18-2-3.1 When granting the variance will not be contrary to the public interest. 18-2-3.2 When owing to special conditions, a literal enforcement of the provisions of this Chapter will result in unnecessary hardship. 18-2-3.3 When considering a variance application located within the Floodplain Districts, additional factors contained in Article XIII section 13-10 must be followed. 18-2-3.2.1 Hardship - Variances shall only be granted when the property owner can show that his property was acquired in good faith and where the owner can show that the hardship was not self-inflicted. Variances shall be granted where, by reason of the exceptional conditions on the property at the time of the effective date of this Chapter, the strict application of the requirements of this Chapter would effectively prohibit or unreasonably restrict the use of the property. Variances shall be granted to alleviate a clearly demonstrable hardship approaching confiscation. Variances shall not be granted to provide a special privilege or convenience sought by the applicant. A variance shall not be granted when the condition being alleviated is of a recurring nature so that the condition could better be alleviated by a zoning amendment. 18-2-3.3 When the granting of the variance will maintain the intent of this Chapter. 18-2-3.4 Variances shall be granted to alleviate the following types of conditions: 18-2-3.4.1 Narrowness, shallowness, size or shape of a specific piece of property. 18-2-3.4.2 Exceptional topographic conditions. 18-2-3.4.3 Extraordinary conditions concerning the use of adjacent properties. 21-18-3 18-2-3.4.4 Other extraordinary conditions of the specific parcel of land. 18-2-3.5 Variances shall only be authorized if the Board finds the following: 18-2-3.5.1 That the strict application of the ordinance would produce undue hardship as described above. 18-2-3.5.2 That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. 18-2-3.5.3 That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by granting the variance. 18-2-3.5.4 No variance shall be granted for any proposed use, development, or activity in the Floodway District that will cause any increase in flood levels during the one hundred (100) year flood. 18-2-3.6 Procedures - Applications for variances shall be made to the Zoning Administrator in accordance with rules adopted by the Zoning Administrator. Plans, maps and other application materials shall be provided by the applicant as required. Variances shall be promptly transmitted to Board of Zoning Appeals for public hearing. No variance shall be granted until after notice and a public hearing is held according to the requirements of the Code of Virginia. Applications for variances shall be accompanied by a nonrefundable fee of forty-five dollars ($45). 21-18-4 18-2-3.7 Conditions - In granting a variance, the Board of Zoning Appeals may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with. 18-2-3.8 Decisions of the Board of Zoning Appeals may be appealed to the Circuit Court according to procedures set forth in the Code of Virginia. THIS ORDINANCE SHALL BE IN EFFECT UPON ITS PASSAGE. PASSED THIS DAY OF , 199 A COPY TESTE JOHN R. RILEY, JR. FREDERICK CO. ADMINISTRATOR AMENDMENT FREDERICK COUNTY CODE Planning Commission July 1 1992 Board of Supervisors AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 21, ZONING ORDINANCE WHEREAS, An ordinance to amend the Frederick County Code, Chapter 21, Zoning, Article XIX, Definitions, was referred to the Planning Commission on July 1, 1992; and, WHEREAS, the Planning Commission held a public hearing on this ordinance amendment on July 1, 1992; and, WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on ; and WHEREAS, the Frederick County Board of Supervisors find this ordinance amendment to be in the best interest of the public health, safety, welfare convenience and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise Article XIX, Definitions, as described on the following attachment. 21-19-1 ARTICLE XIX DEFINITIONS 19-1 Unless a contrary intention clearly appears, the following words and phrases shall have the meaning given in this section. All words and terms not defined herein shall be used with a meaning of standard usage. 19-1-10 ABUT - To physically touch or border upon; or to share a common property line. 19-1-20 AIRPORT - Winchester Regional Airport. 19-1-30 AIRPORT ELEVATION - The highest point on any usable landing surface expressed in feet above mean sea level. 19-1-40 AIRPORT HAZARD - Any man-made structure, or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft. 19-1-50 ACCESSORY USE - A use of land or of a building or portion thereof, customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. 19-1-60 ACCESS - A way or means of vehicular or pedestrian approach to provide physical entrance to a property. 19-1-70 ACTIVE DISTANCE BUFFER - A distance buffer which contains no building or principal structure of activity . but which may contain an accessory use or activity. 19-1-80 ADDITION - A structure added to the original structure at some time after the completion of the original. 19-1-90 ADJACENT OR ADJOINING LOT OR LAND - A lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land or which is immediately across a street or road from said parcel or lot. Dx1- 1 nn 21-19-2 19-1-100 AGRICULTURE AND FARMING - Any of the following activities: 19-1-100,1 Cultivating the soil or raising or harvesting any agricultural or horticultural commodity on a farm, including the raising, shearing, feeding, caring for, training, and management of animals. 19-1-100.2 Handling, drying, packing, grading, or storing on a farm any agricultural or horticultural commodity in its unmanufactured state, but only if the owner, tenant or operator of the farm regularly produces more than one-half of the commodity so treated. 19-1-100.3 The proposal to develop or the actual development of a forest either through planting or natural regeneration or both, or the actual maintenance of a forest by applying proven forest management practices. Such land shall, at the time of consideration as forestland, actually carry sufficient forest growth of suitable character and be so distributed to give reasonable assurance that a stand of merchantable timber is developed therefrom. 19-1-110 AISLE - The travelled way by which vehicles enter and depart parking spaces. 19-1-120 ALTERATION - Any change in the total floor area, use, or external appearance of an existing structure. 19-1-130 AMBULANCE SERVICE - A state licensed business for operating owned motor vehicles that are designed and used to provide immediate care or to transport any persons who are sick, injured, or otherwise incapacitated or helpless. 19-1-140 APPROACH SURFACE - A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface, and at the same slope as the approach zone height limitation. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone. 19-1-150 ARTERIAL HIGHWAY - A street so classified by the Virginia Department of Highways or by the standards of Frederick County which collects and distributes traffic to and from collector streets. 19-1-160 AUCTION HOUSE - A building in which the commissioned public sales of goods to the highest bidder, conducted by a licensed auctioneer for persons or groups other than community nonprofit organizations, occur more than once a year. Rp v _ R-12-92 21-19-3 19-1-170 AUTOMOBILE GRAVEYARD - Any lot or parcel upon which more than five (5) inoperable motor vehicles, which are exposed to the weather, are placed, located or found. 19-1-180 BASE FLOOD/ONE HUNDRED YEAR FLOOD - A flood that, on average, is likely to occur once every 100 years (i.e. that has a one percent chance of occuring each year, although the flood may occur in any year) . 19-1-190 BASE FLOOD ELEVATION (BFE) - The Federal Emergency Management Agency designated 100 year surface water elevation. [Plus one foot] 19-1-200 BEDROOM - A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room. 19-1-210 BOARD OF ZONING APPEALS - A board, whose members are appointed by the Circuit Court, for the express purpose of considering and acting on variances and zoning appeals. 19-1-220 BOARDING OR ROOMING HOUSE - A dwelling or part thereof where for compensation, lodging and meals are provided to boarders. 19-1-230 BUILDING - Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any persons, animals, processes, equipment, goods or materials of any kind. 19-1-240 BUFFER - An open area used to separate one use from another. 19-1-250 CAMPGROUND - A lot or parcel upon which two (2) or more campsites are located, established or maintained for occupancy by the general public as temporary living quarters for recreation, education or vacation purposes. 19-1-260 CAPITAL IMPROVEMENTS PLAN OR PROGRAM - A plan or program adopted by the Frederick County Board of Supervisors, according to the provisions of the Virginia Code, which recommends capital outlays by the County for a five (5) year period. 19-1-270 CHURCH - Buildings or structures primarily intended for the conduct of organized religious services and associated accessory uses. Rev. 8-12-92 21-19-4 19-1-280 COMMERCIAL INDOOR RECREATION - Private, fee supported indoor facilities used for athletic, training or recreational purposes. 19-1-290 COMMERCIAL OUTDOOR RECREATION - Private, fee supported outdoor facilities used for athletic, training, recreational or park purposes, that utilizes supervised athletic or recreation activities. 19-1-300 COMMON OPEN SPACE - Land used for recreation, agriculture, resource protection or buffers that is freely accessible to the residents of a development and is protected to insure that it remains in such uses. Open space does not include land occupied by non -recreational buildings, roads or road right-of-ways, nor does it include required yards for dwellings or required parking areas. 19-1-310 COMPREHENSIVE PLAN - A general plan for the future development of Frederick County adopted by the Frederick County Board of Supervisors according to the provisions of the Virginia Code. 19-1-320 CONDITIONAL USE - A use permitted in a particular zoning district only with the granting of a conditional use permit by the Board of Supervisors. 19-1-330 CONICAL SURFACE - A surface extending horizontally twenty (20) feet for every one (1) foot vertically from the periphery of the horizontal surface. 19-1-340 CONTRIBUTING STRUCTURE OR SITE - a structure or site within an HAO District, at least fifty (50) years of age, which possesses historical, architectural, or cultural significance, and has not been physically altered enough to substantially detract from its historical integrity. In addition, structures or sites at least fifty (50) years of age which might not possess significant merit when considered alone may be considered contributing if they have significance relative to their patterns of development and/or their relationships with landmarks, buildings, structures or sites determined to be of historical, cultural and/or architectural significance. 19-1-350 CONVALESCENT AND NURSING HOMES - An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves. Rwv. R_17_9? 21-19-5 19-1-360 COTTAGE OCCUPATION - An occupation or profession customarily carried on in a dwelling unit or an accessory building; which: 19-1-360.1 Actually is carried on wholly within the principal residential building or an accessory building or structure; and 19-1-360.2 Is carried on by no more than one (1) person other than members of the family residing on the premises; and 19-1-360.3 Is clearly incidental and secondary to the use of the dwelling unit for residential purposes. 19-1-370 COUNTRY GENERAL STORE - A retail business allowed where specified in the rural zoning districts which sells groceries along with a variety of other retail goods. 19-1-380 DAIRY - A commercial establishment for the manufacture and sale of dairy products. 19-1-390 DAY CARE FACILITY - A facility in which more than five (5) children, not including children who are related by blood, marriage or adoption to the people who maintain the facility, are received for care, protection and guidance during only part of the twenty-four (24) hour day. 19-1-400 DEMOLITION - Complete or partial disturbance dismantling or taking down of a structure or site by human effort. 19-1-410 DENSITY - The number of dwellings per area of land. 19-1-420 DEVELOPER - The legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land. 19-1-430 DEVELOPMENT - Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. 19-1-440 DIRECTOR OF CODE ADMINISTRATION - The director of the Frederick County Inspections Department. Rpv. 8-12-92 21-19-6 19-1-450 DIRECTOR OF PLANNING AND DEVELOPMENT - The director of the Frederick County Department of Planning and Community Development. 19-1-460 DISTANCE BUFFER - A buffer based upon a required distance between the use to be buffered and the lot line of adjoining lots or parcels, within which a buffer is to be provided. 19-1-470 DISTRICT - A zoning district established by this Chapter. 19-1-480 DISTURBANCE - The act of stripping vegetation, disturbing the soil, regrading, or development of the land. 19-1-490 DRAINAGE EASEMENT - An easement established to maintain and protect a drainageway. 19-1-500 DRAINAGEWAY - Any natural or artificial watercourse, trench, ditch, swale or similar depression through which surface water flows. 19-1-510 DRIVE IN LANE - Any driveway, aisle or travel lane which allows customers to receive goods or services while they remain in their vehicles. 19-1-520 DRIVEWAY - A private travelway for vehicles which provides access to a public street or road from a parking space, garage, dwelling, structure or use. 19-1-530 DWELLING - A structure or portion thereof which is used exclusively for human habitation. 19-1-530.1 DWELLING, MULTI FAMILY - A structure arranged or designed to be occupied by two (2) or more households. 19-1-530.2 DWELLING, SINGLE FAMILY - A structure, not including mobile homes, arranged or designed to be occupied by one (1) household. 19-1-540 ENVIRONMENTAL EASEMENT - An easement established to protect and maintain particular environmental features according to the environmental protection requirements of this Chapter. 19-1-550 FAST FOOD RESTAURANT - Any establishment whose principal business is the sale of food or beverages in a ready to consume state with rapid turnover of customers. Food is provided for consumption on or off the premises. Such establishments usually involve customer self service and the serving of food in disposable or edible containers. 21-19-7 19-1-560 FIRE CODE - The fire protection regulations adopted by the Frederick County Board of Supervisors. 19-1-570 FLOOD FRINGE DISTRICT - The portions of the flood plain not included in the floodway district. 19-1-580 FLOOD PLAIN - Any land area susceptible to being inundated by water from any source. 19-1-590 FLOOD PLAIN DISTRICT - An area for which the flood plain boundary has been established or approximated on the Flood Insurance Rate Maps of the U.S. Department of Housing and Urban Development or by other acceptable methods described by this Chapter. 19-1-600 FLOODWAY - the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. 19-1-610 FLOODWAY DISTRICT - The channel portions of the flood plain capable of carrying the waters of a flood occurring with an average frequency of once per every one -hundred (100) years without increasing the water surface elevation of that flood by more than one (1) foot. 19-1-620 FLOOR AREA, GROSS - The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two (2) buildings. 19-1-630 FLOOR AREA RATIO - The gross floor area of all buildings divided by the lot area. 19-1-640 FULL SCREEN - A landscaped easement containing plants or other features which provide a complete visual screen. 19-1-650 GARAGE, BODY REPAIR - A building or portion thereof, other than a private garage or public garage, designed or used for body or fender repair or spray painting. 19-1-660 GARAGE, PRIVATE - A deck, building or structure, or part thereof, used or intended to be used for the parking and storage of vehicles. 19-1-670 GARAGE, PUBLIC - A building or portion thereof, other than a private garage, designed or used for servicing, repairing, or equipping motor 21-19-8 vehicles, but not including spray painting, body or fender repair, service stations, or vehicle sales. 19-1-680 GOLF COURSE - A tract of land used for playing golf improved with tees, greens, fairways and other features including accessory uses and structures. 19-1-690 GOLF DRIVING RANGE - An area in which individuals drive golf balls from a central tee. 19-1-700 GROSS AREA - The total area of the land contained within the boundaries of the lot or tract or within the perimeter boundaries of a development. 19-1-710 GROSS DENSITY - The total number of dwellings divided by the total gross area within the perimeter boundaries of a development. The gross density within a section of a development shall be the number of dwellings in the section divided by the total area of residential lots, common yard areas, common open space required in the section and right-of-way areas of roads and easements that are interior to the section. 19-1-720 GROUP HOME - A licensed community based residential facility for physically handicapped, mentally ill, mentally retarded, other disabled, or elderly persons carried out within a dwelling. 19-1-730 HEIGHT - The vertical distance of a structure measured from the mean level of the ground surrounding the structure to its highest point. 19-1-740 HOG FARM - A farm where hogs are produced and kept. 19-1-750 HOME OCCUPATION - An occupation or profession customarily carried on in a dwelling unit, which: 19-1-750.1 Actually is carried on wholly within the principal building or structure; and 19-1-750.2 Is carried on by members of the household residing on the premises; and 19-1-750.3 Is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no exterior display, no exterior storage of materials, and no exterior indication of the home occupation or variation from the residential character of the principal building and neighborhood; and 21-19-9 19-1-750.4 Produces no offensive noise, vibrations, smoke, dust, heat, odor, glare, traffic hazard or congestion, and does not adversely affect the surrounding properties; and 19-1-750.5 Requires no internal or external alterations or construction features or equipment or machinery not customary in residential areas. 19-1-760 HORIZONTAL SURFACE - A horizontal plane one hundred fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone. 19-1-770 HOSPITAL - An institution rendering medical, surgical, or convalescent care, including nursing homes, homes for the aged and sanitariums and treatment centers that serve patients at least partially on an in-patient basis. 19-1-780 IMPACT ANALYSIS - A written statement describing the potential impacts of an application or development plan.or proposal including maps, plans, diagrams and other materials and meeting all requirements set forth by the Frederick County Department of Planning and Development. 19-1-790 INACTIVE DISTANCE BUFFER - A distance buffer which contains no structures, buildings, roads, driveways, accessory uses or activities. 19-1-800 INDUSTRIAL PARK - A development within the B-3 (Industrial Transition), M-1 (Light Industrial), or M-2 (Industrial General) zoning districts containing two (2) or more uses within a single approved master development plan or site plan. 19-1-810 INOPERABLE MOTOR VEHICLE - A vehicle required to be licensed by the Virginia Division of Motor Vehicles which is not licensed by the Virginia Division of Motor Vehicles and which is not stored in a fully enclosed building. In the case of vehicles that are not required to be licensed by the Virginia Division of Motor Vehicles, an inoperable vehicle shall be any vehicle which is missing a major component necessary for safe and normal operation of the vehicle. 19-1-820 INSTITUTIONAL USE - A nonprofit or quasi -public use or institution such as a church, library, public, or private school, hospital, or municipally owned or operated building, structure or land used for public purposes. 19-1-830 INSTITUTIONS OF HIGHER EDUCATION - An educational institution whose primary purpose is to provide a collegiate or graduate education. Rev. 8-12-92 21-19-10 19-1-840 JUNKYARD - Any area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods, materials, or machinery. 19-1-850 KENNEL - A place prepared to house, board, breed, handle or otherwise keep or care for dogs for sale or in return for compensation. 19-1-R60 L .AKFS AND PONDS - Natural or artificial bodies of water which retain water year round. Such bodies shall be considered to extend from the maximum water level plus an additional ten (10) feet. 19-1-870 LANDFILL - A sanitary landfill site used for the disposal of solid wastes beneath layers of soil and other materials. 19-1-880 LANDSCAPE SCREENING - Full screening plus a six foot high opaque fence, hedge, wall, mound or berm. 19-1-890 LDN - A term referring to the average day -night sound level for areas adjacent to the Winchester Regional Airport. 19-1-900 LDN MAP - A map showing the average day -night sound levels of sixty five (65) LDN's and above for areas adjacent to the Winchester Regional Airport. 19-1-910 LOADING AREA - An off street space or area for the loading or unloading of commercial or industrial vehicles. 19-1-920 LOT - a designated parcel, tract or area of land established or to be established by plat or subdivision or previously established as a recorded lot. 19-1-930 LOT AREA - The total area within the lot lines of a lot. 19-1-940 LOT, CORNER - A lot abutting two (2) or more streets at their intersection. 19-1-950 LOT, LENGTH - The distance between the front lot line and the rear lot line measured at the maximum distance. 19-1-960 LOT LINE, FRONT - The line separating a lot from a street right-of- way. 21-19-11 19-1-970 LOT LINE, REAR - The lot line opposite and parallel to the front lot line, or within forty-five (45) degrees of being parallel to the front lot line. 19-1-980 LOT LINE, SIDE - Any lot line other than side or rear lot lines. 19-1-990 LOT OF RECORD - A lot for which a plat or survey description has been legally recorded with the Frederick County Clerk of the Court. 19-1-1000 LOT WIDTH - The horizontal distance between side lot lines. 19-1-1010 MANUFACTURING - The mechanical or chemical transformation of materials and substances into new products, including the assembly of component parts and the blending of materials. 19-1-1020 MANUFACTURED HOME - a structure, transportable in one (1) or more sections, which in the travel mode is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site is three hundred twenty (320) or more square feet, and which is built on a permanent chasis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems. 19-1-1030 MASTER DEVELOPMENT PLAN - A general plan of development approved by the Board of Supervisors for new developments in certain zoning districts before subdivision or site plan approval, according to the requirements of this Chapter. 19-1-1040 MINIMUM LANDSCAPED AREA - The minimum area or portion of a lot or parcel that must be landscaped with grass, vegetation or other landscaping materials not including pavement or structures. 19-1-1050 MINING - The breaking or disturbing of the surface soil or rock in order to remove minerals to make them suitable for commercial, industrial, or construction use, but not including excavation or grading when conducted in aid of on-site farming or construction. 19-1-1060 MOBILE HOME PARK - A parcel of land under single ownership on which two (2) or more mobile homes are located. 19-1-1070 MOBILE HOME SUBDIVISION - A subdivision designed or intended for the sale of lots for siting mobile homes. Rev. 8-12-92 21-19-12 19-1-1080 MOTOR VEHICLE SERVICE - Businesses engaged in the maintenance, service or repair of motor vehicles. 19-1-1090 NATURAL STORMWATER RETENTION AREA - Areas of poorly drained soils which are subject to periodic flooding and act as areas to temporarily store stormwater. In some cases, natural stormwater retention areas will contain floodplain and wetland areas. 19-1-1100 NOISE EASEMENT - A required easement within the Winchester Regional Airport's noise abatement area as specified in the Airport District. 19-1-1110 NONCONFORMING USE - A use or activity which was lawful prior to the adoption, revision or amendment of the Chapter but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of this Chapter. 19-1-1120 NONCONTRIBUTING STRUCTURE - Any sturcture within an HAO District not listed as a contributing structure. 19-1-1130 NUISANCE - An activity which annoys, vexes or creates a health hazard or that which, by its existence, created annoyance, injury or damage to persons or property. 19-1-1140 NURSERY, RETAIL - Uses which raise plant materials or sell plant materials and related products. 19-1-1150 OCCUPANCY PERMIT - A required permit allowing occupancy of a building, structure or use after it has been determined that the building, structure, or use meets all the requirements of the Frederick County Code. 19-1-1160 OFF STREET PARKING SPACE - A temporary storage space for a motor vehicle with access to an aisle and driveway which is not located within a street or road right-of-way. 19-1-1170 OFFICE - A room or building used for conducting the affairs of a business, professional service, industry, government or other enterprise. 19-1-1180 OFFICE PARK - A development primarily devoted to office uses containing two (2) or more uses within a single master development or site plan. 19-1-1190 OUTDOOR SHOOTING RANGE - An area devoted to organized shooting and target shooting. 21-19-13 19-1-1200 OUTDOOR STORAGE AND PROCESSING - The keeping or processing of goods., junk, material, merchandise, or vehicles outside of an enclosed building in the same place for more than twenty-four (24) hours. 19-1-1210 OWNER - An individual, firm, association, syndication, partnership, or corporation having sufficient proprietary interest to seek development of land. 19-1-1220 PARCEL - A lot or tract of land. 19-1-1230 PARK - A tract of land designated and used for active and passive recreation. 19-1-1240 PARKING AISLE - A vehicle access aisle used to provide direct access to a parking space in a parking lot. 19-1-1250 PARKING LOT - An off street, paved parking area containing parking spaces, aisles, and other improvements. 19-1-1260 PEDESTRIAN ACCESS - Means by which individuals can travel on foot outside of private lots and street travelways. 19-1-1270 PERIMETER BOUNDARY - The exterior boundary of a development contained within a single site plan or master development plan. 19-1-1280 PLANNED COMMUNITY - A development contained in the R-4, (Residential Planned Community) District, 19-1-1290 PLANNING COMMISSION - The Frederick County Planning Commission. 19-1-1300 PRIMARY SURFACE - A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends two hundred feet (200) beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that width prescribed in Part 77 of the Federal Aviation Regulations for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. 19-1-1310 PROFFER - The voluntary offering of conditions to be placed on the approval of a rezoning. ,D- R-7 _el) 21-19-14 19-1-1320 PROPERTY OWNERS ASSOCIATION - A private, nonprofit organization or corporation of property owners, established to own, operate and maintain various common facilities or properties. 19-1-1330 PUBLIC WATER AND SEWER SYSTEM - A water or sewer system owned and operated by a municipality or public authority. 19-1-1340 RECREATIONAL FACILITIES - A place or facility designed, equipped and used for the conduct of sports, leisure time activities and other recreational activities. 19-1-1350 RECREATIONAL VEHICLE - a vehicle which is: 19-1-1350.1 built on a single chassis; 19-1-1350.2 400 square feet or less when measured at the largest horizontal projection; 19-1-1350.3 designed to be self-propelled or permantly towable by a light duty truck, and; 19-1-1350.4 designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use. 19-1-1360 RESORT - A facility for transient guests where the primary attraction is recreational features or activities. 19-1-1370 RESTAURANT - A facility in which food and drinks are prepared, served and consumed. 19-1-1380 RETAIL PETROLEUM PUMP CANOPY - A roof -like structure designed to cover a retail petroleum pump island. 19-1-1390 RETAIL USES - Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Retail uses shall not include coal, wood and lumber yards. 19-1-1400 REZONE - To change the zoning district classification of a particular lot, parcel or area. 19-1-1410 RIGHT OF WAY - Land dedicated or reserved for or occupied by a road, railroad, utility or other similar use. 9M 19-1-1420 ROAD - A street dedicated to or owned by Frederick County or the Virginia Department of Transportation. Also, existing privately owned rights of way which serve as the principal means of access to more than one property. 19-1-1430 ROAD EFFICIENCY BUFFER - A buffer separating residential uses from collector and arterial roads. 19-1-1440 RUNWAY - A specified area on an airport prepared for landing and takeoff of aircraft along its length. 19-1-1450 SAWMILLS AND PLANING MILLS, TYPE A - A mill located on a single parcel of land used for the sawing or processing of standing trees or their wood or timber harvested only from that parcel or only from parcels immediately contiguous thereto. 19-1-1460 SAWMILLS AND PLANING MILLS, TYPE B - A mill for sawing or processing of standing trees or their wood or timber. 19-1-1470 SCHOOL - Any building used for organized education or instruction in any branch of knowledge. 19-1-1480 SELF SERVICE STORAGE FACILITY - A structure containing separate storage spaces of varying sizes leased or rented as individual leases for the purpose of storing personal property and household goods. 19-1-1490 SERVICE STATION - Any premise primarily used for supplying gasoline, oil, tires, accessories and services for automobiles at retail directly to the motorist or consumer. Repair uses are accessory to the other retail services provided. 19-1-1500 SETBACK - The required distance between a building or structure and a lot line. 19-1-1510 SETBACK, FRONT YARD - The required distance between a street right of way line and the front line of a building or structure. 19-1-1520 SETBACK, REAR YARD - The required distance between a building or structure and the rear lot line of the lot containing the building or structure. 19-1-1530 SETBACK, SIDE YARD - The required distance between a building or structure and the side lot line of the lot containing the building or structure. 21-19-16 19-1-1540 SEWAGE TREATMENT FACILITY - Any device or system used in the storage, treatment, disposal or reclamation of sewage and industrial wastes generated by more than two uses or dwellings. 19-1-1550 SHOPPING CENTER - Any development in the B-1 (Neighborhood Business) or B-2 (Business General) Zoning Districts containing two or more uses within a single approved master development plan or site plan. 19-1-1560 SIGN - Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization business, product, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. 19-1-1570 SIGN, BUSINESS - A sign which directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured, or to a service or entertainment offered. 19-1-1580 SIGN, COTTAGE OCCUPATION - An on premise sign advertising an approved cottage occupation. 19-1-1590 SIGN, DIRECTIONAL - Signs containing directional messages concerning the distance or direction to particular locations, developments, or businesses. 19-1-1600 SIGN, BUILDING ENTRANCE - A sign designating the location to the outside entrance to a particular use. 19-1-1610 SIGN, OFF PREMISE - A sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered on a parcel of land other than the one on which the sign is located. 19-1-1620 SIGN, ON PREMISE - A sign which directs attention to a business, commodity, service, or entertainment conducted, sold or offered on the parcel of land on which the sign is located. 19-1-1630 SIGN, TEMPORARY OR PORTABLE - A movable sign not affixed to the ground or intended to be moved or intended for temporary use. 19-1-1640 SIGNIFICANT EXTERIOR ALTERATION - Any change in the exterior appearance of a structure, excluding minor changes such as painting, minor repairs, installation of easily -removed equipment such as air conditioning, and/or storm doors or windows_ 21-19-17 19-1-1650 SINKHOLE - Any depression in the surface of the ground which provides a means through which surface water can enter directly into subsurface aquifers. 19-1-1660 SITE PLAN - A specific and detailed plan of development meeting the requirements of this Chapter. 19-1-1670 STEEP SLOPES - Land areas where the slope exceeds fifteen percent (15%). 19-1-1680 STREET - A roadway dedicated to or owned by Frederick County or the Virginia Department of Transportation. Also, existing privately owned rights-of-way which serve as the principal means of access to more than one (1) property. 19-1-1690 STREET, ARTERIAL - A street so classified by the Virginia Department of Transportation or by Frederick County which collects and distributes traffic to and from collector streets. 19-1-1700 STREET, COLLECTOR - A street so classified by the Virginia Department of Transportation or by Frederick County which collects and distributes traffic to and from local or minor streets. 19-1-1710 STREET, LOCAL OR MINOR - A street so classified by the Virginia Department of Transportation or by Frederick County which are designed to provide access to abutting properties. 19-1-1720 STRUCTURE - Any man-made object having an ascertainable stationary location on or in land or water, whether or not it is affixed to the ground. All buildings are structures. 19-1-1730 SUBSTANTIAL DAMAGE - damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. 19-1-1740 SUBSTANTIAL IMPROVEMENT - any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either: (1) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been 21-19-18 identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or (2) any alteration of a "historic structure," provided that the alteration will not preclude the structures continued designation as a "historic structure." 19-1-1750 TEMPORARY TRAILER - A mobile home or trailer to be removed after a designated time period. 19-1-1760 TEMPORARY USE - A use established for a designated fixed period of time with the intent to discontinue such use upon the expiration of the time period. 19-1-1770 TOURIST HOME - An establishment in a dwelling which supplies temporary accommodation to up to fourteen (14) overnight guests for a fee. 19-1-1780 TRACTOR TRAILER TRUCK - A motor vehicle with a short chassis and a swivel (fifth wheel) with a trailer pulled by the tractor designed to be used to haul freight. 19-1-1790 TRANSITIONAL SURFACE - Surface which extends outward perpendicular to the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. 19-1-1800 TRASH HEAP - An area where trash, garbage, or other solid wastes are deposited without being covered by a sanitary fill. 19-1-1810 TRIP ENDS - The total trips entering and leaving a specific land use or parcel over a designated period of time. 19-1-1820 USE - Any purpose for which a lot or structure may be designed, arranged, intended, maintained, or occupied or any activity, occupation, business, or operation carried on a parcel of land. 19-1-1830 VARIANCE - A reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the property owners, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of the ordinance, and would result in substantial justice being done. 21-19-19 19-1-1840 WAYSIDE STAND, ROADSIDE STAND, WAYSIDE MARKET - Any structure or land used for the sale of agricultural or horticultural produce, livestock or merchandise produced by the owner or his family on their farm. 19-1-1850 WETLANDS - Areas known as marshes, swamps, or wetlands, including all areas greater than one (1) acre, where standing water is retained for a significant portion of the year and vegetation unique to swamp or wetland areas has adapted to the area. 19-1-1860 WOODLANDS - Areas, groves or stands of mature or largely mature trees (i.e. greater than six (6) inches caliper) covering an area greater than one quarter (1/4) acre, or groves of mature trees (greater than twelve (12) inches caliper) consisting of more than ten (10) individual trees. 19-1-1870 ZONING ADMINISTRATOR - The, administrative officer designated by the Frederick County Board of Supervisors to administer this Chapter. THIS ORDINANCE SHALL BE IN EFFECT UPON ITS PASSAGE. PASSED THIS DAY OF , 199 A COPY TESTE JOHN R. RILEY, JR. FREDERICK CO. ADMINISTRATOR COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM To: Planning Commission Members From: Kris C. Tierney, Deputy Direct O, 7 Re: Recommended Amendment to County Code to Establish a Locally Significant Historic Property Recognition Program. Date: June 3, 1992 The Historic Resources Advisory Board (HRAB) has developed a proposal for a program that would recognize locally significant properties through the presentation of a plaque. The program would rely on property owners applying for designation as a historic site. The application would be reviewed by the HRAB and a recommendation would be made to the Board of Supervisors as to the merits of the application. Plaques would be awarded to any structure/site which the Board designated as locally significant. If the program is put into place by the Board, the HRAB would like to run a design contest to determine the appearance of the plaques. Over $10,000 dollars was given to the County under the condition that the money be used to fund a plaque program, therefore, if a program is started there should be no cost to the County. A copy of the proposed program is attached for your information. The Planning Commission does not need to take any action on this matter, but may wish to endorse the idea. Please let me know if there are any questions. THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 An Ordinance to Amend the County Code to Establish the Frederick County Historic Property Designation Program Article 15 Historic Property Designation Program 15-1 STATEMENT AND INTENT The purpose of the program will be to recognize and encourage the preservation of architectural styles and historically significant structures. The recognition of locally significant sites through designation will help heighten awareness and aid in the education of the citizens of Frederick County. The program will also assist visitors in understanding the history of the area, the impacts of events or persons on the area and will point out examples of architectural styles of various periods that can be found locally. 15-2 ADMINISTRATION 15-2-1 Application packages for designation of a locally significant historical property and the accompanying processing fee will be submitted to the Department of Planning and Development. Applications will be forwarded to the Historical Resources Advisory Board (HRAB) for review. 15-2-2 Applications may be submitted at any time. The applicant will be notified in writing of time and date when the HRAB will meet to review applications. The HRAB will review the application based on criteria listed under Section 15-6. The applicant will be notified in writing of the determination made by the HRAB within 90 days of submission. The HRAB reserves the right to deny eligibility to a structure if the structure does not meet the criteria listed under Section 15-6. 15-3 MATERIALS SUBMITTED FOR REVIEW Applicants will submit the following: 15-3-1.1 A completed application form 15-34.2 Photographs of each side of the structure(s) and any relevant detail including interior features 15-3-1.3 Sketch of property showing location/relationship of all structures 15-4 FEES 15-4-1 All fees and expenses, established by the Frederick County Board of Supervisors, will be paid at the time of application submittal. 15-5 ISSUANCE OF PLAQUES 15-5-1 If a structure is designated historically significant, a plaque of recognition will be issued. Plaques will be placed on the structure and displayed on the left side of the front entrance. Plaques remain the property of the County and will remain in the possession of the property owner only as long as the structure(s) retain seventy-five percent (75%) of their historic fabric and configuration. 15-5-2 Each plaque issued will have a registration number which will correspond to the application number. Application material will be kept on file in the office of Frederick County Department of Planning and Development. 15-6 CRITERIA FOR ELIGIBILITY The criteria established to evaluate the eligibility of structures as historically significant are a Frederick County adaptation of the National Register Criteria. 15-6-1 Structure must be at least 50 years of age. 15-6-2 The structure will be evaluated as a whole, parts of structures will not be considered separately. 15-6-3 Structures will be evaluated on their architectural or historical significance and physical and historical integrity. 15-6-4 Architectural Significance 15-6-4.1 Structure(s) must clearly represent: 15-6-4.2 A recognized type, period or method of construction and enhance our understanding of the class of resources for which it is a part. The structure should illustrate a pattern of what was common to the class of resources; the individuality or variation that occurred within the class; the evolution of that class over a period of time; or the transition between that class and others. 15-6-4.3 High artistic values expressed in areas such as community design or planning, engineering and sculpture. 15-6-4.4 The work of a recognized master or an anonymous craftsman whose work is distinguishable from others by its characteristic style or quality. 15-6-5 Historical Significance 15-6-5.1 Structure(s) must have been either: 15-6-5.2 Associated with an event or events that made a significant contribution to the development of the county, state or nation 15-6-5.3 The significant contribution of any event must be demonstrated and must be a good representative of the event or events and of the larger theme of which they are a part; OR. 15-6-5.4 Associated with a specifically identified person whose activities have been important in our local history. 15-6-5.5 The property's association with an individual should be documented by accepted methods of historical research. 15-6-5.6 The length of association should be identified. 15-6-6 Physical and Historical Integrity A structure must possess physical and historical integrity. Integrity being the authenticity of a structure's historic identity, evidenced by the survival of the physical characteristics. 15-6-6.1 Integrity applies in five ways: 15-6-6.1.1 Location is where the structure was originally placed. 15-6-6.1.2 Design is the composition of elements that comprise the form, plan, space, structure and style of a property. 15-6-6.1.3 Materials are the physical elements that were combined in a particular pattern. The integrity of materials determines whether or not an authentic historic resource still exists. 15-6-6.1.4 Workmanship is the physical evidence of the craftsman's labor and skill in constructing, altering, adapting or embellishing a building. 15-6-6.1.5 Aesthetics/feeling is the ability of the building to evoke the historic sense of a past period of time. 15-6-6.2 A structure should exist today essentially as it did during its period of significance. Seventy-five percent (75%) of the structure must be intact or undisturbed; recent alterations must have been done according to professional standards to ensure preservation. HRAB USE ONLY Decision_ Date _ Sib ature Frederick County Historic Property Designation Application Include with the application form a sketch of the property showing the locations of the structure(s). Photographs should be taken of each side of the structure(s) and submitted as part of the package. Application Fee: (Fee established by the Frederick County Board of Supervisors) * Date of Application: * Name of Applicant: * Address: * Telephone:— Property elephone: Pro ertInformation * Name of Property (if applicable): * Tax ID Number * Date Structure(s) were built:_ * Original Owner: * Subsequent Important Owners: * Current Owner: Date of Purchase: Deed Book and Page Number: * Current Use of the Property: * List and Briefly Describe All Structures on the Property: (style, history, unique architectural features) Attach additional paper if necessary Historical Plaques awarded by the Frederick County Historical Resources Advisory Board recognize architectural and historic integrity of the structure(s). Plaques remain the property of the County and will remain in the possession of the property owner only as long as the structure(s) retain 75% of their historic fabric and configuration. I submit this application in good faith and understand that by signing this application that I have given the HRAB permission to visit my property while they are evaluating the structure(s) for the approval/disapproval of application for designation as Historically Significant. Signature of applicant/owner COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM To: Planning Commission Members From: Kris C. Tierney, Deputy Director e/ Re: Access to Lockhart Property from Fort Collier Industrial Park Date: June 22, 1992 Attached is a letter from Dellitt Lockhart requesting that the access extending from Brooke Road in Fort Collier Industrial Park to the east and connecting with the Arcadia property, currently shown as a "future 50' road", be dedicated. Maps are also attached which depict the area involved. BACKGROUND When the Fort Collier MDP first received a recommendation for approval from the Planning Commission in April of 1990, the Planning Commission specified that there should be access provided to the Lockhart property. At that time there was discussion about the desirability of access through Fort Collier from the Lockhart property, should it be developed residentially, or from the Arcadia Mobile Home Park. For these reasons the Commission specified that the access not be extended to the Arcadia development. A statement providing for the proposed future access was placed on the approved MDP but not dedicated. A letter of agreement was provided which stated the conditions under which the right-of-way would be granted. One of these conditions was that the dedication would take place when the Lockhart property was rezoned M-1. The reasoning was that this would prevent through residential traffic should the Lockhart property be developed residentially. When the Fort Collier MDP was amended, eliminating portions of Brooke Road and Center Drive to accommodate the Hershey Development, the future access was shifted south, adjacent the property line of the Regional Jail. This location does not provide direct access to the Lockhart property. As it is presently located the access point is on the Arcadia property. I THE COURTHOUSE COMMONS 9 �T 14 ! niidniin gtreet _ 1D n D-- 1GA 1 n�� Y _s _ sr ___.._'_ rn Page 2 Lockhart letter June 22, 1992 The Lockharts are concerned that if the future road is not dedicated it might again be relocated or eliminated all together. The rational for not dedicating the right-of-way in its present location is the same as it was previously. This would open up Fort Collier to additional residential traffic from the Arcadia Mobile Home Park. No action is required of the Planning Commission on this matter. If there are any questions concerning this matter please let me know. KCT/dc Attachments DELLITT J. LOCKHART 142'6 BAKER LANE WINCHESTER, VA. _9'2601 MAY 16 , 1992 FREDERICK COUNTY PLANNING COMMISSION Po BOX #601 WINCHESTER, VA. 21:.601 BACK IN 1 90,THE COMMISSION HELD A MEETING AT WHICH THE FINAL SITE PLAN FOR FORT COLLIER INDUSTRIAL PARK WAS APPROVED. AT THAT TIME,THE ACCESS FOR THE PARCEL OF LAND OWNED BY DELLITT LOCKHART WAS: DISCUSSED AND THE COMMISSION AGREED THAT SUCH ACCESS WOULD HAVE TO BE PROVIDED. IT APPEARS THAT WITH THE SALE OF PROPERTY BY FORT COLLIER INDUSTRIAL PARK TO HERSEY COMPANY THAT THIS ACCESS , WHICH WAS NEVER DEDICATED,HAS BEEN MOVED NEXT TO THE JAIL PROPERTY AND THEREBY ELIMINATING DIRECT ACCESS TO THE PROPERTY EXCEPT THROUGH OVER A THOUSAND FEET OF ARCADIA MOBILE F'A_ K WHICH IS OWNED BY OTHERS IN LINE WITH THE COMMISSION'S POLICY OF NOT LAND -LOCKING F'ROPEFTY,WE RESPECTFULLY REQUEST THAT THE ACCESS NOW SHOWN ON THE FORT COLLI- :M'ASTER PLANS BE DEDICATED AT ONCE TO PREVENT ADDITIONAL CHANGES. SINCERELY, DELLITT J. LOCKHART CC; JAMES W. GOLLIDAY, JR. MANUEL DeHAVEN JOHN H. LIGHT FORT COLLIER GROUP PARTNERSHIP agrees to reserve a 50' right-of- way for ingress/egress and easements for required utilities for Lot 89 on tax map 54 (Lockhart) based on the following conditions: 1. Location determined by FCGP 2. Lot 89 owner or assigns will be responsible for design and construction costs relating to said right-of-way and utilities. 3. Granting of said right-of-way will be contingent upon rezoning of Lot 89 to M-1 Industrial category. 4. Upon granting of said right-of-way, the owners of Lot 89 Will pay 1/5th of the design, acquisition and construction costs of the road and utilities from Fort Collier property line to Route 11 (proposed Park Center Drive entrance). S. In order for this agreement to be valid, owners of Lot 89 must agree to grant necessary utility and drainage easements for the benefit of Fort Collier Industrial Park. 6. At the time of granting of right-of-way, Lot 89 owners agree to place on record covenants substantially in accordance with Fort Collier covenants for the benefit of Fort Collier Industrial Park. Said covenants applying to Lot 89. 7. Said right-of-way will be limited to use of Lot 89 only and restricted for industrial traffic only. The right-of-way will end in a cul-de-sac in lot 89 and will only serve lot 89. - - t70 „� - -� f F� C U- i 317E ;e -\` -�r �-=-1'^"` mac• _ �,� c< `�' ^ - �— ^� ✓'� 1 i may" "a �� 'jZ"2✓ �. � 4� 4iL -"A' — �. .. '� �2^LG-r^\oB' \ ` � / �, �r.� - G o t ♦ r / ccs ��� a �' GROSS AREA - 3/3./4fdC"3 RRT o� �\ �' •� � WoOvcaNvs o .aceEs �OGK���A `b- �� N� % I Csl YES AA/v PONOS ' 0.4 10/4�WETLAA/vS - o Ac,eEs A/47 19..4/- -17,9AAd WATER? 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GR033 AREA ,. try CoA'A'IDOR .PIO.i£PARTiV67¢S/lfo AQ7' g'H ORS _ • SNOC.1'6Y R --w rKeB WOG?1�1.V03 r O AC.PES .. , `GKN A �o /"W = 9oa. a¢ • ' . O • 690 ✓AH65 L,yc/[YAfA/ErJR, TRUSTEE 44kE3 A.VO PONOS = O gCQES Z�W; pquY' e� ' 5U/7S' 6006E ✓A �D t „ncns,w,grt,p�,w,yyr�ap�r,�,�,r l'1/ETLA.VOS 0,gCRE3 f rue:r • teRest m ntRcxi ss ry •ccraaua� GZ3/ LE65Bt/R6' IKE "�`� TNRCEwvNwrF�'ax+ FAr-[5 CAPvc-N.V/Rlii//o 7�oov NATURQG STORM W47ee,PETE,VT/OA/= 0 &RC6 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: James W. Golladay, Jr., Planning Commission Chairman SUBJECT: Stephens City Study Committee DATE: June 24, 1992 As a result of Monday night's meeting between the Stephens City Town Council and the Frederick County Board of Supervisors, I would like to appoint Roger Thomas, Marjorie Copenhaver, and John Marker as county members of a Stephens City Area Study Committee to study the business corridor on Route 11 North which was adopted by the Board of Supervisors at their last regular meeting. The function of the Committee would be to formulate a proposal to study development plans that are submitted along the business corridor and to deal with the various problems associated with each proposal between Stephens City and Frederick County. If you have any questions concerning this subject, please contact me. JWG/rsa THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601