Frederick County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE I
General Provisions
§ 165-101.01 Title.
This chapter, the full title of which is "The Zoning Ordinance of Frederick County, Virginia," may be referred to or cited as the "Zoning Ordinance," "Ordinance," or "chapter."
§ 165-101.02 Authority.
Chapter 22, Title 15.2, of the Code of Virginia of 1950, as amended, gives Frederick County, Virginia the authority to classify and regulate land development within its jurisdiction.
§ 165-101.03 Purpose.
A.
This chapter is intended to promote the health, safety and general welfare of the public and the orderly development of the County, and to accomplish the purposes set forth in Code of Virginia, § 15.2-2200.
B.
To these ends, this chapter shall give reasonable consideration to each of the purposes listed in Code of Virginia, § 15.2-2283.
C.
In addition, this chapter is intended to provide the means to achieve the goals set forth in the Frederick County Comprehensive Plan.
§ 165-101.04 Applicability.
A.
Pursuant to Code of Virginia, § 15.2-2281, the provisions of this chapter to all property within the unincorporated territory of Frederick County, Virginia.
B.
The zoning regulations and districts as set forth in this chapter have been drawn and will be applied with reasonable consideration for the matters set forth in Code of Virginia, § 15.2-2284.
§ 165-101.05 Conformity required.
A.
No building or structure may be used, occupied, developed, located, relocated, constructed, reconstructed, enlarged or structurally altered except in compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations.
B.
No land shall be used, occupied or developed or lots created or altered except in compliance with the terms and provisions of this chapter and any other applicable ordinances and regulations.
§ 165-101.06 Severability.
The provisions of this chapter are to be presumed severable. If any section, subsection, paragraph, sentence, clause or phrase of this chapter is declared invalid by any court, administrative or legislative agency or other tribunal, such decision shall not affect the remaining portions of this chapter. The remaining portions shall remain in full force and effect.
§ 165-102.01 Interpretation.
A.
The Zoning Administrator is responsible for definitive interpretation of this chapter, in accordance with the following requirements:
(1)
Unless otherwise specified, the provisions of this chapter are the minimum required to promote public health, safety, convenience, and general welfare;
(2)
The provisions of this chapter are not intended to interfere with, abrogate, or annul other rules, regulations, or ordinances; however, pursuant to Code of Virginia, § 15.2-2315, where this chapter imposes greater restrictions than are imposed by such other rules, regulations or ordinance, the provisions of this chapter control.
(3)
Conditions imposed or accepted as part of a zoning application in accordance with Code of Virginia, § 15.2-2261.1, prior to May 14, 2026, shall remain in effect to the extent required by that section.
§ 165-102.02 Figures and references.
A.
Where figures are contained in this chapter, they are provided for demonstrative purposes only and are not a substantive part of this chapter.
B.
In the event of a conflict between the text or tables of this chapter and any figures, the text and tables will control.
C.
If any section of this chapter incorporates by reference any state statute or regulation, then the chapter incorporates future amendments of the state statute or regulation. Where this chapter incorporates by reference a statute, it also incorporates regulations promulgated pursuant to such statute.
§ 165-103.01 Establishment, maintenance, and amendment.
A.
All portions of the land area of Frederick County are included in particular zoning districts as described by this chapter.
B.
The districts are delineated on an official set of Zoning Maps maintained by the Frederick County Zoning Administrator and located in the office of the Zoning Administrator.
C.
The Frederick County Zoning Administrator is responsible for maintaining the Zoning Maps and is authorized to interpret the Zoning Maps in order to determine the zoning status of land in the County.
§ 165-103.02 Incorporation by reference.
The official Zoning Maps are incorporated into this chapter by reference.
§ 165-103.03 Interpretation of zoning district boundaries.
A.
Unless district boundary lines are clearly established on the Zoning Maps by lot lines, surveyed boundaries or other fixed boundaries, the following rules apply when determining the boundaries of zoning districts:
(1)
Where district boundaries appear to follow or be at right angles to streets, alleys, or railroad rights-of-way, the boundary shall be construed to follow the center line of such streets, alleys, or rights-of-way.
(2)
Boundaries that appear to approximately follow platted lot lines shall be construed to follow said lot lines.
(3)
Boundaries that appear to approximately follow corporate limits or other boundaries of Frederick County shall be construed to follow said boundaries.
(4)
Boundaries that appear to approximately follow rivers, streams, creeks, runs, lakes or other bodies of water shall be construed to follow the center line of smaller flowing water or shall follow the actual shoreline of larger bodies or flowing water, and if such shoreline changes, the boundary shall be construed to follow the changed shoreline.
(5)
Boundaries as appearing to be parallel to or extensions of zoning boundaries otherwise described shall be construed to be parallel or extensive. Distances not specifically indicated shall be determined by the scale of the map.
§ 165-103.04 Unauthorized changes.
No changes shall be made to the Zoning Maps except in conformance with the requirements and procedures set forth in this chapter.
§ 165-104.01 Effective date.
This chapter was adopted on May 13, 2026, and became effective at 12:01 a.m. on May 14, 2026. It amends and reenacts any prior Zoning Ordinance adopted in Frederick County. Its provisions shall be in force until repealed or amended.
§ 165-104.02 Violations continue.
Any development or activity in violation of the previous Zoning Ordinance will continue to be a violation under this chapter unless the development or activity is brought into compliance with this chapter.
§ 165-104.03 Nonconformities.
In all districts, after the effective date of this chapter, any existing lot, use or structure which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations of Article IX, Nonconformities, of this chapter.
§ 165-104.04 Vested rights.
A.
The provisions of this chapter shall not be construed impair the vested rights of any property owner. The Zoning Administrator is authorized to make determinations on whether a property owner's rights are deemed vested under this chapter.
B.
Vested rights determinations shall be made in accordance with Code of Virginia, § 15.2-2307.
