HomeMy WebLinkAbout08-26 BZA Staff ReportAPPEAL #08-26
Applicant Name: Thomas and Lanah Fitzgerald
Staff Report for the Board of Zoning Appeals (BZA)
Prepared: April 10, 2026
Staff Contact: Mark Cheran, Zoning Administrator
Hearing Schedule
BZA: April 21, 2026 Action: Pending
Property Information
Property Identification Numbers (PIN) 28-3-9
Address 506 Shickle Lane, Gore
Magisterial District Back Creek
Acreage 10.96 +/- acres
Zoning & Present Land Use Zoning: RA (Rural Areas)
Land Use: Residential
Adjoining Property Zoning & Present Land Use
North: RA (Rural Areas) Land Use: Vacant
South: RA (Rural Areas) Land Use: Residential
East: RA (Rural Areas) Land Use: Vacant
West: RA (Rural Areas) Land Use: Vacant
Appeal & Reason for Appeal
The Applicant is appealing the decision of the Zoning Administrator in the administration of the
Frederick County Zoning Ordinance, Chapter 165, Section 401.03 (X). Pursuant to Virginia
Code §15.2-2311, a person aggrieved by the decision or determination of the Zoning
Administrator may appeal to the Board of Zoning Appeals.
Reason for Appeal: The Applicant’s justification for appealing the Notice of Violation dated
February 9, 2026, is contained within the materials submitted with their application
accompanying this report.
Zoning Administrator Determination: The above-referenced property was cited for a commercial
shooting range operating as an accessory use to an approved Short-Term Lodging (STL) permit.
Commercial shooting ranges are allowed within the RA Zoning District with an approved Conditional Use
Permit (CUP) but may not be operated as an accessory use to an STL without a CUP.
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Staff Comments: The above-referenced applicant was issued a Short-Term Lodging (STL) Permit # 14-
23 issued in 2023 with no record of a shooting range on this property to be used by guests. This STL permit
was renewed in 2025 with no record of a shooting range. Specifically, there were no conditions to allow a
shooting range to be on site. The Frederick County Code only allows commercial shooting ranges in the
RA Zoning District by Conditional Use Permit (CUP). Applicants do not dispute that use of the shooting
range on the property is provided as an amenity to STL guests.
Therefore, the use of a shooting range on this property without a Conditional Use Permit authorizing this
use is a violation the Frederick Zoning Ordinance. The only issue this Board of Zoning Appeals must
address is to affirm or overrule the decision of the Zoning Administrator regarding the violation of the
Frederick County Zoning Ordinance.
Summary & Requested Action: Staff is requesting the Board of Zoning Appeals to affirm the decision
of the Zoning Administrator, regarding the Frederick County Zoning Ordinance, Section 165-401.0 (X).
Following a public hearing, staff is seeking a decision by the Board of Zoning Appeals on this
appeal.
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