PC 09-04-19 Meeting Agenda AGENDA
FREDERICK COUNTY PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
September 4, 2019
7:00 P.M. CALL TO ORDER TAB
1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting ....................................................................... (no tab)
2) Committee Reports ......................................................................................................... (no tab)
3) Citizen Comments .......................................................................................................... (no tab)
INFORMATION/DISCUSSION ITEMS
4) Public Utilities including utility-scale solar power generating facilities-Discussion of a
request by County Staff to include a definition for “Public Utilities” that also includes
utility-scale solar power generating facilities and solar power generating facilit y
decommissioning requirements in the Frederick County Zoning Ordinance Supplemental
Use Regulations as required under the Code of Virginia.
Mr. Klein ................................................................................................................................ (A)
5) Conditional uses in the RA (Rural Areas) District-Discussion of Conditional uses in
the RA District to redefine the conditional use “country general store” to exclude all fuel
sales and cap the square footage allowed at 3,500 square feet uses, providing additional
regulations for specific uses (country general store), eliminate, combine and refine
certain conditional uses and codify certain Zoning Determination relating to “home
occupations,” “cottage occupations,” and “kennels”.
Mr. Klein ................................................................................................................................ (B)
Other
Adjourn
Commonly Used Planning Agenda Terms
Meeting format
Citizen Comments – The portion of the meeting agenda offering an opportunity for the public to provide
comment to the Planning Commission on any items not scheduled as public hearing items.
Public Hearing– A specific type of agenda item, required by State law, which incorporates public comment as
a part of that item prior to Planning Commission or Board of Supervisors action. Public hearings are held for
items such as: Comprehensive Plan policies and amendments; Zoning and Subdivision Ordinance amendments;
and Rezoning and Conditional Use Permit applications. Following the Public Hearing, the Planning
Commission will take action on the item (see below).
Action Item–There are both public hearing and non-public hearing items on which the Planning Commission
takes action. Depending on the actual item, the Planning Commission may approve, deny, table, or forward a
recommendation to the Board of Supervisors regarding the agenda item. No public comment is accepted during
the Action Item portion of the agenda.
Information/Discussion Item– The portion of the meeting agenda where items are presented to the Planning
Commission for information and discussion. The Planning Commission may offer comments and suggestions,
but does not take action on the agenda item. No public comment is accepted during the Information/Discussion
Item portion of the agenda.
Planning Terminology
Urban Development Area or UDA – The UDA is the county’s urban growth boundary identified in the
Comprehensive Plan in which more intensive forms of residential development will occur. The UDA is an area
of the county where community facilities and public services are more readily available and are provided more
economically.
Sewer and Water Service Area or SWSA – The SWSA is the boundary identified in the Comprehensive Plan
in which public water and sewer is or can be provided. The SWSA is consistent with the UDA in many
locations; however the SWSA may extend beyond the UDA to promote commercial, industrial, and institutional
land uses in area where residential land uses are not desirable.
Land Use – Land Use is the nomenclature which refers to the type of activity which may occur on an area of
land. Common land use categories include: agricultural, residential, commercial, and industrial.
Zoning District - Zoning district refers to a specific geographic area that is subject to land use standards.
Frederick County designates these areas, and establishes policies and ordinances over types of land uses,
density, and lot requirements in each zone. Zoning is the main planning tool of local government to manage the
future development of a community, protect neighborhoods, concentrate retail business and industry, and
channel traffic.
Rezoning – Rezoning is the process by which a property owner seeks to implement or modify the permitted
land use activities on their land. A rezoning changes the permitted land use activities within the categories
listed above under Land Use.
Conditional Use Permit or CUP - A CUP allows special land uses which may be desirable, but are not always
appropriate based on a location and surrounding land uses. The CUP requested use, which is not allowed as a
matter of right within a zoning district, is considered through a public hearing process and usually contains
conditions to minimize any impacts on surrounding properties.
Ordinance Amendment – The process by which the County Code is revised. Often the revisions are the result
of a citizen request with substantial justification supporting the change. Amendments ultimately proceed
through a public hearing prior to the PC forwarding a recommendation to the Board of Supervisors.
County Bodies Involved
Board of Supervisors or BOS - Frederick County is governed by an elected Board of Supervisors composed of
seven members, one from each magisterial district, and one chairman-at-large. The Board of Supervisors is the
policy-making body of the county. Functions of the Board of Supervisors related to planning include making
land use decisions, and establishing growth and development policies.
Planning Commission or PC - The PC is composed of 13 members, two from each magisterial districts and one
at-large, appointed by the Board of Supervisors. The Planning Commission serves in an advisory capacity to the
Board of Supervisors which then takes final action on all planning, zoning, and land use matters.
Comprehensive Plans and Programs Committee or CPPC – The CPPC is a major committee of the PC whose
primary responsibility is to formulate land use policies that shape the location and timing of development
throughout the County. Included in the work are studies of specific areas to develop guidelines for future land
use within those areas. The CPPC also considers requests for amendments to the Comprehensive Plan.
Decisions by CPPC are then forwarded to the PC for consideration.
Development Review and Regulations Committee or DRRC – The DRRC is the second major committee of the
PC whose primary responsibilities involve the implementation of the Comprehensive Plan in the form of
Zoning and Subdivision ordinance requirements. Requests to amend the ordinances to the DRRC are made by
the Board of Supervisors, Planning Commission, local citizens, businesses, or organizations. DRRC decisions
are also forwarded to the PC for consideration.
A
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Public Utilities including utility-scale solar power
generating facilities.
DATE: August 28, 2019
This is a proposed amendment to Chapter 165 – Zoning Ordinance to provide:
1. A definition for “Public Utilities” that includes utility-scale solar power energy generating
facilities; and
2. Additional regulations for specific uses that requires utility-scale solar generating energy
facilities to make arrangements, including financial security, for decommissioning
consistent with/as required by the Code of Virginia, and site plan review/approval only for
utility-scale solar power generating facilities.
The above changes to the additional regulations for specific uses section does not affect current
public utilities, including water/sewer treatment and distribution facilities.
The General Assembly amended the Code of Virginia (§15.2-22.41.2) to include decommissioning
of solar energy facilities effective July 1, 2019. Previously, the County Attorney and Staff provided
a determination that was shared with the Board of Supervisors on July 2018, stating that utility -
scale solar power generating energy facilities would qualify as a “public utility” type-facility and
would otherwise be allowed by-right in the County’s RA (Rural Areas) Zoning District (and other
zoning districts where public utilities are permitted by-right).
During 2018 the Board of Supervisors (BOS) considered a stand-alone Zoning Ordinance text
amendment to add a definition and specific supplemental use regulations only for “Solar
(Photovoltaic) Energy Facilities.” This amendment was not moved forward, and Staff and the
County Attorney issued a determination (outlined above) regarding the inclusion of solar facilities
under the existing allowance for “Public Utilities”.
This item was proposed by the County Attorney and Staff and discussed by the DRRC at their
June 27th, July 25th, and August 22nd regular meetings. The DRRC agreed with the proposed
changes from August 22nd, and the item was forwarded to the Planning Commission for discussion.
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The attached document shows the existing ordinance with the proposed changes supported by the
DRRC (with bold italic for text added). Staff is seeking direction from the Planning
Commission on this Zoning Ordinance text amendment.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Code of Virginia §15.2-2241.2
3. Memo to the Board of Supervisors, July 26, 2018
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Revised 8/28/19
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
§ 165-101.02 Definitions and word usage.
Public Utilities
Power generating facilities, booster or relay stations, transformer substations, transmission lines and
towers, pipes, meters and other facilities (including utility-scale solar power generating facilities), and
sewer and water treatment facilities including sewer and water transmission lines. Such facilities may
be owned by public utilities, public agencies, or those operators with a “Certificate of Public
Convenience.”
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§ 165-204.26. Public Utilities
1. Public utilities. Lot requirements for lots used by political subdivisions, municipal corporations, the
Virginia Department of Transportation, the Frederick-Winchester Service Authority, or the Frederick
Water County Sanitation Authority for public utility purposes shall be as follows:
A. In all zoning districts, the Zoning Administrator shall have the authority to determine the
minimum lot size necessary for such public utilities and the appropriate setbacks for such lots
used for public utility purposes.
B. Such lots shall be exempt from the individual on-site sewage disposal system requirements.
C. Such lots may be accessed by private access easements; any such easement shall be a minimum
of 15 feet in width.
D. For Public Utilities – Utility-Scale Solar Power Generating Facilities a site plan, in accordance
with Article VIII, shall be submitted to and approved by Frederick County, prior to the
establishment of the use.
2. Public Utilities - Utility-Scale Solar Power Generating Facilities. Any owner, lessee, or developer of
real property for the purposes of solar power energy generation shall enter into a written agreement,
prior to site plan approval, with Frederick County to decommission solar energy equipment, facilities,
or devices pursuant to the terms and conditions of § 15.2-2241.2(B) of the Code of Virginia.
Revised 8/28/19
ARTICLE IV
Agricultural and Residential Districts
Part 401
RA Rural Areas District
§ 165-401.02. Permitted Uses
Q. Public utility generating, booster, or relay stations, transformer substations, transmission lines and
towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities, and lines
owned by public facilities, railroad companies or public agencies. Public Utilities
Part 402
RP Residential Performance District
§ 165-402.02. Permitted Uses
B. Structures and land shall be used for one of the following uses:
(6) Utility distribution facilities necessary to serve residential uses, including, but not limited to, poles,
lines, distribution transformers, pipes, and meters. Public Utilities excluding utility-scale solar power
energy generating facilities.
Part 403
MH1 Mobile Home Community District
§ 165-403.02. Permitted Uses
H. Public utilities including poles, lines, distribution transformers, pipes and meters, water and sewer
facilities and lines. Public Utilities excluding utility-scale solar power energy generating facilities.
ARTICLE V
Planned Development Districts
Part 502
R5 Residential Recreational Community District
§165-502.04. Permitted uses.
P. Public sewer and water facilities and lines. Public Utilities excluding utility-scale solar power energy
generating facilities.
Revised 8/28/19
ARTICLE VI
Business and Industrial Districts
Part 602
B1 Neighborhood Business District
§165-602.02. Allowed Uses.
Public utility distribution facility Public Utilities
Part 603
B2 General Business District
§165-603.02. Allowed Uses.
Public utility distribution facility Public Utilities
Part 604
B3 Industrial Transition District
§165-604.02. Allowed Uses.
Public utility distribution facility Public Utilities
Part 606
M1 Light Industrial District
§165-606.02. Allowed Uses.
Public utility distribution facility Public Utilities
Part 608
EM Extractive Manufacturing District
§165-608.02. Permitted Uses.
K. Public utilities, including poles, lines, distribution transformers, pipes, meters, and sewer facilities.
Public Utilities.
Part 609
HE Higher Education District
§165-609.02. Permitted uses.
B. Utilities necessary to serve allowed uses, including poles, lines, distribution transformers, pipes and
meters. Public Utilities excluding utility-scale solar power energy generating facilities.
CHAPTER 743
An Act to amend the Code of Virginia by adding a section numbered 15.2-2241.2, relating to rezoning and site plan
approval; decommissioning solar energy equipment, facilities, or devices.
[H 2621]
Approved March 21, 2019
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 15.2-2241.2 as follows:
§15.2-2241.2. Bonding provisions for decommissioning of solar energy equipment, facilities, or devices.
A. As used in this section, unless the context requires a different meaning:
"Decommission" means the removal and proper disposal of solar energy equipment, facilities, or devices on real
property that has been determined by the locality to be subject to §15.2-2232 and therefore subject to this section.
"Decommission" includes the reasonable restoration of the real property upon which such solar equipment, facilities,
or devices are located, including (i) soil stabilization and (ii) revegetation of the ground cover of the real property
disturbed by the installation of such equipment, facilities, or devices.
"Solar energy equipment, facilities, or devices" means any personal property designed and used primarily for the
purpose of collecting, generating, or transferring electric energy from sunlight.
B. As part of the local legislative approval process or as a condition of approval of a site plan, any locality shall
require an owner, lessee, or developer of real property subject to this section to enter into a written agreement to
decommission solar energy equipment, facilities, or devices upon the following terms and conditions: (i) if the party
that enters into such written agreement with the locality defaults in the obligation to decommission such equipment,
facilities, or devices in the timeframe set out in such agreement, the locality has the right to enter the real property of
the record title owner of such property without further consent of such owner and to engage in decommissioning and
(ii) such owner, lessee, or developer provides financial assurance of such performance to the locality in the form of
certified funds, cash escrow, bond, letter of credit, or parent guarantee, based upon an estimate of a professional
engineer licensed in the Commonwealth, who is engaged by the applicant, with experience in preparing
decommissioning estimates and approved by the locality; such estimate shall not exceed the total of the projected
cost of decommissioning, which may include the net salvage value of such equipment, facilities, or devices, plus a
reasonable allowance for estimated administrative costs related to a default of the owner, lessee, or developer, and
an annual inflation factor.
CHAPTER 744
An Act to amend the Code of Virginia by adding a section numbered 15.2-2241.2, relating to rezoning and site plan
approval; decommissioning solar energy equipment, facilities, or devices.
[S 1091]
Approved March 21, 2019
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 15.2-2241.2 as follows:
§15.2-2241.2. Bonding provisions for decommissioning of solar energy equipment, facilities, or devices.
A. As used in this section, unless the context requires a different meaning:
"Decommission" means the removal and proper disposal of solar energy equipment, facilities, or devices on real
property that has been determined by the locality to be subject to §15.2-2232 and therefore subject to this section.
"Decommission" includes the reasonable restoration of the real property upon which such solar equipment, f acilities,
or devices are located, including (i) soil stabilization and (ii) revegetation of the ground cover of the real property
disturbed by the installation of such equipment, facilities, or devices.
"Solar energy equipment, facilities, or devices" means any personal property designed and used primarily for the
purpose of collecting, generating, or transferring electric energy from sunlight.
B. As part of the local legislative approval process or as a condition of approval of a site plan, a locality shall require
an owner, lessee, or developer of real property subject to this section to enter into a written agreement to
decommission solar energy equipment, facilities, or devices upon the following terms and conditions: (i) if the party
that enters into such written agreement with the locality defaults in the obligation to decommission such equipment,
facilities, or devices in the timeframe set out in such agreement, the locality has the right to enter the real property of
the record title owner of such property without further consent of such owner and to engage in decommissioning, and
(ii) such owner, lessee, or developer provides financial assurance of such performance to the locality in the form of
certified funds, cash escrow, bond, letter of credit, or parent guarantee, based upon an estimate of a professional
engineer licensed in the Commonwealth, who is engaged by the applicant, with experience in preparing
decommissioning estimates and approved by the locality; such estimate shall not exceed the total of the projected
cost of decommissioning, which may include the net salvage value of such equipment, facilities, or devices, plus a
reasonable allowance for estimated administrative costs related to a default of the owner, lessee, or developer, and
an annual inflation factor.
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
CC: Kris C. Tierney, County Administrator
Roderick B. Williams, County Attorney
Mike T. Ruddy, AICP, Director of Planning & Development
Mark R. Cheran, Zoning Administrator
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Solar (Photovoltaic) Energy Facilities Text Amendment – Update
DATE: July 26, 2018
This is an update to the proposed text amendment to Chapter 165 – Zoning Ordinance to add solar
(photovoltaic) power generating facilities (i.e. solar farms) to the permitted use list for the RA
(Rural Areas) Zoning District. This item was previously discussed by the Board of Supervisors on
January 10th, February 14th and April 11th. Following our last discussion, the Board of Supervisors
had directed Staff to make the proposed use a “conditional use” and provide additional
supplemental use regulations to address abandonment on the facility and return of the land to its
pre-development state. At the time of the presentation to the Board, the premise of the draft text
amendment, as supported by the Development Review and Regulations Committee (DRRC), and
previously discussed by the Planning Commission, was that because solar farms are typically
“privately-owned”, they would not qualify as a “public utility” generating facilities.
Since the Board discussion in April, the County Attorney and the Planning and Development Staff
have met and determined that solar (photovoltaic) energy facilities would appear to qualify as
“public utility generating” facilities and would otherwise today be allowed by-right in the County’s
RA Zoning District. The Zoning Ordinance currently permits a by-right use in the RA Zoning
District, “Public utility generating, booster, or relay stations, transformer substations, transmission
lines, and towers, pipes, meters, and other facilities, railroad facilities, and sewer and water
facilities and lines owned by public utilities, railroad companies or public agencies” (§165-
401.02(Q)). The term “public utility” does not address the public or private nature of the ownership
of the facility; most electricity generating facilities in the United States are owned by “private”
entities as opposed to government, i.e. “public” entities.
Further, the Frederick County Zoning Ordinance does not define the term “public utility” and
definitions not included in the definitions section of the Zoning Ordinance “shall have the meaning
ascribed to such word, term or phrase in the most recent addition of Merriam-Webster’s Dictionary
unless, in the opinion of the Zoning Administrator, established customs or practices in Frederick
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County, Virginia justify a different or additional meaning” (§165-101.02). Webster’s defines
“public utility” simply as “a business organization (such as an electric company) performing a
public service and subject to special governmental regulation.” This definition does not limit the
concept of a “public utility” to entities that sell electricity directly to the public or to entities that
are publicly traded and therefore does not exclude from its reach solar farms owned by non-
publicly traded entities. Within the Code of Virginia §56-1, nothing in the definition of public
service companies suggests a distinction between the types of companies that operate solar farms
and the types of companies that operate other types of electricity generation facilities. State law
specifically regulates solar facilities as it does other electricity generating facilities, regardless of
the nature of ownership, by requiring the operator to seek a certificate of public convenience and
necessity from the State Corporation Commission (SCC) (§56-265.2). The County would
recognize a solar energy facility as a public utility under this interpretation.
This determination of solar electric generating facilities qualifying as a “public utility” would not
preclude the Board of Supervisors in the future from further regulating solar (photovoltaic) energy
facilities as allowed under the Code of Virginia or excluding them all from the current allowance
in §165-401.02(Q). Staff notes that possible supplementary regulations as previously discussed,
such as a requirement for removal of the facilities upon abandonment of use would place them in
a category currently unique to telecommunications towers. As well, any requirement for a bon d
securing the removal of an abandoned facility might be sufficient economic disincentive as to
preclude any use of the opportunity that would be enabled by the ordinance generally.
Please contact the County Attorney’s office or Planning and Development Staff directly with any
questions or comments. Unless otherwise directed by the Board of Supervisors, Staff will proceed
with the above interpretation to allow solar energy facilities (i.e. solar farms), by-right, under the
present allowance for public utilities in the RA Zoning District.
MTK/pd
B
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Conditional Use in the RA (Rural Areas) Zoning
District
DATE: August 28, 2019
The Board of Supervisors directed the Planning Commission to evaluate the CUP process and
those listed conditional uses to ensure that the uses, and scale of the uses, are appropriate for the
zoning district in which they are identified. This would include identifying those uses that may
be more appropriate in a commercial zoning district; such as larger service stations, motels, and
larger retail stores. This direction was presented to the Planning Commission on 7/17/2019.
As a result, this is a proposed amendment to Chapter 165 – Zoning Ordinance to:
1. Further define the conditional use (country general store) to exclude all fuel sales and cap
the square footage allowed at 3,500 square feet (SF);
2. Providing additional regulations for specific uses (country general store);
3. Eliminate, combine, and refine certain conditional uses; and
4. Codify certain Zoning Determinations relating to home occupations, cottage occupations,
and kennels to reduce the number of Conditional Use Permit (CUP) applications.
The purpose of the proposed amendment is to add clarity to specific uses where intensity of a given
use is important in considering its appropriateness for a CUP; and to provide consistency in
allowance and implementation of certain uses.
This item was discussed by the DRRC at their August 22nd regular meeting. The DRRC agreed
with the proposed changes presented, and further amended the section to eliminate “treatment
homes” from the conditional use list, and recommended the item be forwarded to the Planning
Commission for discussion.
The DRRC also expressed concern to Staff, to be shared with the Planning Commission, with the
number, size, and location of recently approved special event facilities CUPs. The DRRC further
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expressed a willingness to also evaluate the requirements for reviewing and approving the special
event facilities if directed to do so by the Board of Supervisors.
The attached document shows the existing ordinance with the proposed changes supported by the
DRRC (with bold italic for text added). Staff is seeking direction from the Planning
Commission on this Zoning Ordinance text amendment.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Frederick County Zoning Ordinance (§165-401.03) – Conditional
Uses in the RA District
3. Background on conditional use permit approvals and country general
stores
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Revised 8/28/19
Page 1 of 6
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
§165-101.02. Definitions and word usage.
COUNTY GENERAL STORE - A retail business, without accessory fuel sales, not to exceed 3,500
square feet gross retail floor area, allowed where specified in the rural zoning districts which sells
groceries along with a variety of other retail goods.
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§165-204.32. Country General Store without fuel sales.
Country general stores located in the RA Rural Areas Zoning District shall meet the following
requirements:
A. A country general store may not exceed 3,500 square feet (SF) of gross retail floor area.
B. Country general stores may not include accessory fuel sales.
C. A site plan shall be submitted to and approved by Frederick County prior to the establishment
of the use.
D. B2 General Business Zoning District standards apply including building height, building and
parking setbacks, buffering, screening, and landscaping standards.
E. All new buildings require building permits reviewed and approved by Building Inspections.
Existing buildings should conform to the requirements under Article IX.
F. Any expansion of an approved country general store, store requires approval of a new
conditional use permit (CUP).
Editor’s Note: Retail uses with a square footage in excess of 3,500 SF or with fuel sales shall be located within or adjacent to
a designated Rural Community Center, as defined in the Comprehensive Plan, and /or require a rezoning application to a
business district.
Revised 8/28/19
Page 2 of 6
ARTICLE IV
Agricultural and Residential Districts
Part 401
RA Rural Area District
§165-401.02. Permitted uses.
KK. Blacksmith shops (SIC 5431)
LL. Farriers
MM. Horseshoeing
NN. Taxidermists
§165-401.03. Conditional Uses.
A. Bed-and-breakfast; farm stay.
B. Country Clubs, with or without banquet facilities
C. Manufacture or sale of feed and other farm supplies and equipment.
D. Fruit packing plants.
E. B. Off-premise farm markets and wayside stands.
F. Off-premise wayside stands.
G. C. Country General Store without fuel sales.
H. Service stations.
I. D. Antique shops.
J. E. Restaurants without drive-thru facilities provided the following conditions are met:
(1) Restaurants shall have an approved drainfield; alternative waste systems including pump
and hauls are prohibited.
K. F. Kennels
L. Petting farms.
M. Television or radio stations.
N. Motels.
O. G. Auction Houses
P. H. Campgrounds, tourism camps, recreation areas and resorts.
Revised 8/28/19
Page 3 of 6
Q. I. Commercial outdoor recreation, athletic or park facilities, or Country Clubs with or without
banquet facilities.
R. Nationally chartered fraternal lodges, civic clubs, social centers and their related facilities.
S. J. Sawmills and planing mills, Type B.
T. Ambulance Services
U. K. Retailing or wholesaling of nursery stock and related products.
V. L. Landscape contracting businesses.
W. M. Public Garages without body repair, provided that the following conditions are met:
(1) All repair work shall take place entirely within and enclosed structure.
(2) All exterior storage of parts and equipment shall be screened from the view of surrounding
properties by an opaque fence or screen at least six feet in height. The fence or screen shall be
adequately maintained.
X. Public Garages with body repair, provided that the following conditions are met:
(1) All repair work shall take place entirely within and enclosed structure.
(2) All exterior storage of parts and equipment shall be screened from the view of surrounding
properties by an opaque fence or screen at least six feet in height. The fence or screen shall be
adequately maintained.
Y. N. Sand Shale and clay mining, provided the following conditions are met:
Z. O. Cottage Occupations
AA. P. Cottage occupation signs.
BB. Q. Veterinary office, clinic, or hospital, including livestock services.
CC. R. Day-care facilities.
DD. S. Humanitarian aid organization office.
EE. T. School (with residential component)
FF. Fruit and vegetable stand.
GG. Blacksmith shops.
HH. Farriers.
II. Horseshoeing.
Revised 8/28/19
Page 4 of 6
JJ. U. Taxidermists.
KK. V. Welding repair.
LL. W. Flea markets, operated indoors or outdoors.
MM. Treatment home.
NN. X. Special event facility.
OO. Y. Commercial shooting and archery ranges (indoor or outdoor).
PP. Z. Ice cream parlor or bakery.
QQ. AA. Craft and gift shops.
RR. BB. Offices and clinics of doctors of medicine, dentists and other health practitioners.
SS. CC. Slaughterhouse.
Revised 8/28/19
Page 5 of 6
Additional Items for Consideration
ARTICLE I – General Provisions; Amendments; and Conditional Use Permits
Part 101 – General Provisions
§165-101.02. Definitions and word usage.
COTTAGE OCCUPATION – An occupation or profession customarily carried out in a dwelling unit or
accessory building, which:
A. Actually is carried on wholly within the principle residential building or an accessory building or
structure;
B. Is carried on by no more than one person other than members of the family residing on the
premises; and
C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
D. Serves more than five (5) customers per day.
HOME OCCUPATION - An occupation or profession customarily carried on in a dwelling unit, which:
A. Actually is carried on wholly within the principle building or structure;
B. Is carried on by members of the household residing on the premises;
C. 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 principle building and neighborhood;
D. Produces no offensive noise, vibrations, smoke, dust, heat, odor, glare, traffic hazard or
congestion and does not adversely affect the surrounding properties; and
E. Requires no internal or external alterations or construction features or equipment or machinery
not customary in residential areas; and
F. Serves no more than five (5) customers per day.
KENNEL - A place prepared to house, board, breed, handle, or otherwise care for dogs for sale or in
return for compensation. One (1) litter of dogs breeding for compensation per household per year shall
not be defined as a kennel and will be considered as a Home Occupation.
Part 103 – Conditional Use Permits
§165-103.03. Conditions.
In granting a conditional use permit, the Board of Supervisors may place appropriate conditions on the
permit. Such conditions shall be considered to be a part of the requirements of this chapter. Violations of
the established conditions shall constitute violations of this chapter. The conditions established as a part
of the approval of a conditional use permit may be modified only through the full application procedures
described in this section. Conditions which may be placed on the conditional use permit may include but
need not be limited to conditions which address the following issues:
Revised 8/28/19
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GG. The expiration of the use following the sale or transfer of the property from the current owner(s).
HH. The expiration of the conditional use permit if the use is not established within 24 months of
approval.
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Print Resize: Frederick County, VA
Thursday, August 15, 2019
Chapter 165. Zoning
ARTICLE IV. Agricultural and Residential Districts
Part 401. RA Rural Areas District
§ 165-401.03. Conditional uses.
The following uses of structures and land shall be allowed only if a conditional use permit has been granted for
the use:
[1]Bed-and-breakfasts; farm stay
[Added 12-9-2009; amended 5-24-2017]
Editor's Note: Former Subsection A, Poultry farms and hatcheries and egg production, was repealed 4-26-
1995. See now § 165-401.02X.
[2]Country clubs, with or without banquet facilities.
[Added 12-9-2009]
Editor's Note: Former Subsection B, Fish hatcheries and fish production, was repealed 4-26-1995. See now
§ 165-401.02Y.
[3]Manufacture or sale of feed and other farm supplies and equipment.
[Added 12-9-2009]
Editor's Note: Former Subsection C, Hog farming, as amended 12-9-1992, was repealed 4-26-1995. See
now § 165-401.02Z.
Fruit packing plants.
Off-premises farm markets.
[Added 12-9-2009]
Off-premises wayside stands.
Country general stores.
Service stations.
Antique shops.
Restaurants.
Kennels.
Petting farms.
[Added 12-9-2009[4]]
Editor's Note: This ordinance also redesignated former Subsections L through Y as Subsections M through
Z, respectively.
Frederick County, VA
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Television or radio stations.
Motels.
Auction houses.
Campgrounds, tourist camps, recreation areas and resorts.
Commercial outdoor recreation, athletic or park facilities.
Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities.
Sawmills and planing mills, Type B.
Ambulance services.
Retailing or wholesaling of nursery stock and related products.
Landscape contracting businesses.
Public garages without body repair, provided that the following conditions are met:
All repair work shall take place entirely within an enclosed structure.
All exterior storage of parts and equipment shall be screened from the view of surrounding properties
by an opaque fence or screen at least six feet in height. This fence or screen shall be adequately
maintained.
[Amended 12-9-2009]
Public garages with body repair, provided that the following conditions are met:
All repair work shall take place entirely within an enclosed structure.
All exterior storage of parts and equipment shall be screened from the view of surrounding properties
by an opaque fence or screen at least six feet in height. This fence or screen shall be adequately
maintained.
[Amended 12-9-2009]
Sand, shale and clay mining, provided that the following conditions are met:
All mining shall be above the mean, existing grade level of a parcel of land.
All mining operations shall meet all applicable requirements of state and federal agencies.
Such mining operations shall meet the landscaping and screening requirements, supplementary
regulations, height, area and bulk regulations and site plan requirements contained in the EM
Extractive Manufacturing District regulations.
Cottage occupations (as defined).
[Amended 12-9-2009]
Cottage occupation signs.
[Added 12-9-2009[5]]
Editor's Note: This ordinance also redesignated former Subsections Z through HH as Subsections BB
through JJ, respectively.
Veterinary office, clinic or hospital, including livestock services.
[Amended 8-24-2004]
Frederick County, VA
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Day-care facilities.
[Added 8-8-1990]
Humanitarian aid organizational office.
[Added 1-27-1999]
Schools (with residential component).
[Added 10-27-1999]
Fruit and vegetable stands (SIC 5431).
[Added 8-24-2004]
Blacksmith shops (SIC 7699).
[Added 8-24-2004]
Farriers (SIC 7699).
[Added 8-24-2004]
Horseshoeing (SIC 7699).
[Added 8-24-2004]
Taxidermists (SIC 7699).
[Added 8-24-2004]
Welding repair (SIC 7692).
[Added 12-9-2009]
Flea markets, operated indoors or outdoors.
[Added 11-10-2010]
Treatment home.
[Added 6-13-2012]
Special event facility.
[Added 5-24-2017]
Commercial shooting and archery ranges (indoor or outdoor).
[Added 5-24-2017]
Ice cream parlor or bakery.
[Added 5-24-2017]
Craft and gift shops.
[Added 5-24-2017]
Offices and clinics of doctors of medicine, dentists and other health practitioners (SIC 801, 802, 803, and
804).
[Added 7-12-2017]
Slaughterhouses.
[Added 9-13-2017]
Background:
To provide additional perspective on conditional uses in the rural areas, Staff has included: 1) a
history of conditional uses approved over the last 20-year period, and 2) a listing of the sizes of
Country General Stores and select commercial/retail uses to assist when evaluating the scale of
such uses.
1) Since 1999, the following conditional uses have been approved in the RA Zoning District
(by type and number of approved applications):
• Special Event Facilities: 5
• Public Garages (with or without body repair): 13
• Kennels: 9
• Landscape Contracting Businesses/Retail Nurseries: 9
• Telecommunications Towers: 23
• Farmers Markets/Off-Premise Wayside Stands: 2
• Commercial Recreation (indoor or outdoor): 7
• Country General Stores: 7
• Motels/Bed & Breakfasts: 8
• Antique Shops: 3
• Restaurants: 3
• Day-Care Facilities: 14
• Welding Repair: 2
• Flea Markets: 1
• Taxidermy: 1
• Sand Mines: 3
• Campground: 1
• Veterinary Clinics: 2
• Fraternal Lodges: 1
• Misc. (don’t fall under currently listed conditional uses): 3
2) For purposes of comparison, the square footage of select Country General Stores within
the RA District is provided in addition to the square footage of select Commercial/Retail
uses located within the County’s Sewer and Water Service Area (SWSA).
Commercial/Retail Properties (within SWSA):
• Family Dollar (Stephens City – B2) – 9,230 SF (SP #41-13)
• Dollar General (Middletown – B1) – 9,301 SF
• Dollar Tree (Winchester Gateway – B2) - +/- 14,000SF
• Dollar Tree (Stonewall Plaza – B2) – 13,600 SF
• The Country Store (Senseny Road – B1) – 4,872 SF
Average SF: 10,218 SF
*Note: Dollar General (Route 522N – RA) – 9,100 SF (proposed, withdrawn)
-2-
County General Store Properties (within Rural Areas)
• Hogue Creek Market (Route 50W – RA) – 4,369 SF (approved CUP for County
General Store); with fuel sales
• Crossroads Grocery (Route 522N – RA) – 1,240 SF (approved CUP for Country
General Store); with fuel sales
• Shawnee Springs Market (Route 522N – B2) – 6,520 SF (SP #19-86; note
surrounded by RA zoned properties); with fuel sales
• Toms Market (Back Mountain Road – B1) – 3,016 SF; with fuel sales
• Gainesboro Market (Route 522N – RA) – 2,450 SF; with fuel sales
Average SF (County General Store): 3,519 SF