Frederick County Unincorporated
City Zoning Code

To physically touch or border upon or to share a common property line.

A way or means of vehicular or pedestrian approach to provide physical entrance to a property.

A structure added to the original structure at some time after the completion of the original.

A lot or parcel of land which shares all or part of a common lot line with another lot or parcel or land or which is immediately across a street or road from said parcel or lot.

A group of soils identified as prime farmland by the Soil Survey of Frederick County Virginia, prepared by the United States Department of Agriculture, as amended.

The traveled way by which vehicles enter and depart parking spaces within a parking lot.

Any change in the total floor area, use or external appearance of an existing structure.

A street so classified by the Virginia Department of Transportation (VDOT) or by the standards of Frederick County, which collects and distributes traffic to and from collector streets.

Pursuant to Code of Virginia, § 33.2-804, any lot or place that is exposed to the weather and upon which more than five motor vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative are placed, located, or found.

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.

A mound of earth utilized to separate and screen land uses.

A board whose members are appointed by the Circuit Court for the express purpose of considering and acting on variances and zoning appeals.

An open area used to separate one use from another.

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.

The vertical distance from the average finished grade at the front of the structure to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip and gambrel roofs. For structures that include appurtenant or other accessory roof features, the height shall be measured from the average finished grade at the front of the structure to the highest point of the feature.

The Director of the Frederick County Building Inspections Department.

The diameter of a tree as defined by the American Standard for Nursery Stock (ANSI Z60.1).

A plan or program adopted by the Frederick County Board of Supervisors according to the provisions of the Code of Virginia, which recommends capital outlays by the County for a five-year period.

Pursuant to Code of Virginia, § 15.2-2292.1., an adult who provides for a mentally or physically impaired person within the Commonwealth. For purposes of the placement of a temporary family health care structure, a caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom they are providing care.

The sloping margin of, or the ground bordering, a stream and serving to confine the water to the natural channel during the normal course of flow. It is best marked where a distinct channel has been eroded to the valley floor or where there is a cessation of land vegetation.

A designated area void of buildings, structures, fences, berms and vegetation.

The laws which govern the territory of Frederick County, Virginia. May also be referred to in this chapter as "County Code" or "County Code of Ordinances."

The statute laws of the Commonwealth of Virginia, as codified. References to the Code of Virginia shall be construed to incorporate amendments thereof pursuant to Code of Virginia, § 1-220, and any regulations promulgated pursuant the section incorporated.

Any vehicle: (1) with a gross vehicle weight registered with the Virginia Department of Motor Vehicles or any other state or government agency as 12,000 pounds and greater and used for commercial purposes; or (2) any vehicle, regardless of weight, licensed as a "for hire" vehicle, or any limousine or bus used as a common or contract carrier vehicle. For purposes of this chapter, a commercial vehicle shall not be deemed to include any of the following: police vehicle, emergency vehicle, commuter van, motor home, camping trailer, boat trailer or similar recreational equipment used as a personal property and not for hire or used as a school van or bus.

Land that is used for recreational purposes, environmental resource protection, buffer areas, stormwater management areas and passive areas that are dedicated to the residents of a development or a property owners association for use and maintenance, and is protected to ensure that it remains in such uses, unless utilized under the provisions of § 165-805.02 of this chapter.

Capable of existing together in harmony; congruous.

A general plan for the future development of Frederick County, adopted by the Frederick County Board of Supervisors as required by the provisions of the Code of Virginia, § 15.2-2223.

A use permitted in a particular zoning district only with the granting of a conditional use permit by the Board of Supervisors.

As defined in Code of Virginia, §§ 15.2-2201 and 15.2-2298, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to, or modification of the regulations provided for a particular zoning district or zone by this chapter.

Heavy equipment or vehicles of a type used primarily by the construction industries. Such equipment may include, but is not limited to, bulldozers, backhoes, cement trucks, concrete mixers, construction tractors, cranes, derricks, dredging machinery, dump trucks, excavators, graders, hoists, pavers, power shovels, road construction and maintenance machinery, scaffolds, tank trucks, trenching machines, and water well drilling machinery.

Next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous.

The removal and proper disposal of solar energy equipment, facilities, or devices on real property that has been determined by the County to be subject to § 15.2-2232 of the Code of Virginia and therefore subject to § 15.2-2241.2 of the Code of Virginia. "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.

The transfer of property by the owner to another party, typically a public entity, without monetary consideration.

Complete or partial disturbance, dismantling or taking down of a structure or site by human effort.

The number of dwellings per area of land.

Pursuant to the Code of Virginia, § 15.2-2201, any agent employed or authorized by a locality and designated by the governing body to review and act on subdivision plats, site plans, and plans of development. The designated agent is either the Zoning Administrator or the Director of Planning and Development, as set forth more specifically throughout this chapter.

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.

Any man-made change to improved or unimproved real estate, including but not limited to construction of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

The Director of the Frederick County Department of Planning and Development.

A specific area used for the purpose of displaying products and services offered by a business or organization located on the same property or a contiguous property which is appropriately zoned and with an approved site plan.

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.

A zoning district established by this chapter.

The act of stripping vegetation, disturbing the soil, regrading or development of the land.

An easement established to maintain and protect a drainageway.

Any natural or artificial watercourse, trench, ditch, swale or similar depression through which surface water flows.

Any driveway, aisle or travel lane which allows customers to receive goods or services while they remain in their vehicles.

A private travelway for vehicles which provides access to a public street or road from a parking space, garage, dwelling, structure or use.

A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.

An easement established to protect and maintain particular environmental features according to the environmental protection requirements of this chapter.

The fire protection regulations adopted by the Frederick County Board of Supervisors; see Chapter 90 of the Frederick County Code of Ordinances.

The gross floor area of all buildings divided by the lot area.

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 center line of a wall separating two buildings.

A measure of light falling on a surface. One footcandle is equal to the amount of light generated by one candle shining on one square foot surface located one foot away. Footcandle measurements shall be made with a photometric light meter with a specified horizontal orientation.

The average of a number of points of footcandle calculations or footcandle readings in a given area which have been adjusted to account for maintenance, which includes luminaire dirt depreciation and lamp lumen depreciation.

Elements of landscape screen plus a six-foot in height opaque fence, hedge, wall, mound or berm.

A deck, building or structure or part thereof used or intended to be used for the parking and storage of vehicles.

The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends on such factors as the size, position, brightness of the source, and the brightness level to which the eyes are adapted.

The total area of the land contained within the boundaries of the lot or tract or within the perimeter boundaries of a development.

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.

Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof, except for a floor used only for storage purposes.

An illustrative plan that accurately depicts the development of a parcel or use meeting the requirements of this chapter. Illustrative site plans may be required for agricultural uses or as part of a conditional use permit.

Any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, or parent of the property owner.

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.

Any area, generally paved or graveled, with a surface that prevents, or significantly reduces, absorption of stormwater into the ground. When calculating impervious area for landscaping purposes, retention and detention basins, dry wells, sidewalks, display areas, dumpster pads, and structures shall be excluded.

Pursuant to the Code of Virginia, § 15.2-904:

An at-grade entrance between adjoining properties that is designed to facilitate vehicular access between land uses without use of the street system.

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 10 feet.

A landscaped easement containing plants or other features approved by this chapter which provide a complete visual screen.

Any sign lawfully existing on the effective date of an ordinance, or amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.

A structure, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to the Zoning Ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

A use or activity that was lawful prior to the adoption, revision or amendment of the Zoning Ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

Unwanted light going beyond the property line and spilling over onto the adjacent or neighboring property. It can also represent the direct light (glare) that reduces a person's vision or ability to see.

A complete lighting unit consisting of the lamp, lens, optical reflector, housing and any electrical components necessary for ignition and control of the lamp, which may include a ballast, starter and/or photo control.

An off-street area containing loading spaces and maneuvering areas, as well as their associated driveways.

An off-street space used for loading or unloading by commercial, industrial, public, or semipublic vehicles.

A designated parcel, tract or area of land established or to be established by plat or subdivision or previously established as a recorded lot.

The total area within the lot lines of a lot.

The distance between the front lot line and the rear lot line measured at the maximum distance.

The line separating a lot from a street right-of-way.

The lot line opposite and parallel to the front lot line or within 45° of being parallel to the front lot line.

Any lot line other than front or rear lot lines.

A lot for which a plat or survey description has been legally recorded with the Frederick County Clerk of the Circuit Court.

The horizontal distance between side lot lines.

A level of illumination which results when the initial output of the lamp is reduced by certain light loss factors. Such light loss factors typically include lamp depreciation and dirt accumulation on lenses and other light fixture components. For the purpose of this chapter, the maintained lighting level shall represent an average footcandle level measured over a specified area.

A traveled way by which commercial, industrial, public, or semipublic vehicles enter and depart loading spaces.

A general plan of development for new developments in certain zoning districts before subdivision or site plan approval, according to the requirements of this chapter.

A person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in Code of Virginia, § 63.2-2200, as certified in a writing provided by a physician licensed by the Commonwealth.

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.

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.

Creeks, streams, runs, or other annual or perennial waterways identified on United States Geological Survey, Commonwealth of Virginia or Frederick County maps.

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.

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.

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.

Not transparent or translucent.

A fence that is constructed to visually obscure structures, outdoor storage areas, and other uses. A chain-link fence with slats shall not constitute an opaque fence.

The keeping or processing of goods, junk, material, merchandise or vehicles outside of an enclosed building and in the same place.

An individual, firm, association, syndication, partnership or corporation having sufficient proprietary interest to seek development of land.

A lot or tract of land.

A tract of land designated and used for active and passive recreation.

A vehicle access aisle used to provide direct access to a parking space in a parking lot.

An off-street, paved parking area containing parking spaces, aisles and other improvements.

Means by which individuals can travel on foot outside of private lots and street travelways.

The exterior boundary of a development contained within a single site plan or master development plan.

A development contained in the R4, Residential Planned Community District.

The Frederick County Planning Commission.

The voluntary offering of conditions to be placed on the approval of a rezoning.

A private, nonprofit organization or corporation of property owners, established to own, operate and maintain various common facilities or properties.

A water or sewer system owned and operated by a municipality or public authority.

A built-up structure containing curbing or curb and gutter, placed within or at the end of parking rows and within property entrances to guide traffic and/or provide space for landscaping, signage, or lighting.

A vehicle which is:

A dwelling, structure or facility that has a specific affiliation with or whose residents receive a direct benefit from hospitals, medical centers, medical offices, clinics, and schools of medicine.

A roof-like structure designed to cover a retail petroleum pump island.

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.

To change the zoning district classification of a particular lot, parcel or area.

Land dedicated or reserved for or occupied by a road, railroad, utility or other similar use.

A street dedicated to or owned by Frederick County or the Virginia Department of Transportation; also, privately owned rights-of-way which serve as the principal means of access to more than one property.

An open area, the natural features of which are visually significant or geologically or botanically unique.

A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms, or densely planted vegetation.

A geographic area in which a commercial telecommunication facility site may be located that would satisfactorily cover a targeted area and/or hand-off with its neighboring sites.

Any use which ceases operation for at least three months in a year.

Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle.

The required distance between a building or structure and a lot line.

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.

Any object, device, display, structure, fixture, painting, emblem, or visual, or part thereof, that is designed to use words, designs, figures, graphics, colors, illumination or projected images, fixtures, symbols, numbers, or letters for the purpose of communicating a message.

The sign area will be measured as the area of a sign face with the smallest square, circle, rectangle, triangle or combination thereof that encompasses the extreme limits of the words, designs, figures, graphics, colors, illumination or projected images, fixtures, symbols, numbers, or letters or any part or combination thereof together with any materials or colors forming an integral part of the background of the sign face or used to differentiate the sign from the backdrop or structure against which it is placed. In the case of a double-faced sign where the interior angle formed by the faces is 45° or less or where the sign face is parallel, only one display face will be used in calculating the area.

A single person, or two or more persons related by blood or marriage occupying a dwelling, living together and maintaining a household, which may include not more than one unrelated person; however, not more than four unrelated persons occupying a dwelling, living together and maintaining a household shall be deemed to constitute a "single family."

Any depression in the surface of the ground which provides a means through which surface water can enter directly into subsurface aquifers.

A plan of development which contains detailed engineering drawings of the proposed uses and improvements required in the development of a given parcel or use meeting the requirements of this chapter. In all articles of this chapter, where the term "site plan" is used, it also includes the term "minor site plan."

Land areas where the slope exceeds 35%.

A facility designed to Virginia Erosion and Stormwater Management Act (VESMA) standards that is intended for the control and management of stormwater to minimize the detrimental effects of surface water runoff.

A roadway dedicated to or owned by Frederick County or the Virginia Department of Transportation; also, privately owned rights-of-way which serve as the principal means of access to more than one property.

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. For floodplain management purposes, see § 165-1003.02 of this article.

A manufactured home or trailer to be removed after a designated time period.

A use established for a designated fixed period of time with the intent to discontinue such use upon the expiration of the time period.

Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto.

The portion of a tractor truck without motive power, designed for carrying property or passengers wholly on its own structure.

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.

An area where trash, garbage or other solid wastes are deposited without being covered by a sanitary fill.

Trees which drop their foliage annually before becoming dormant.

Trees with foliage which remain green year-round.

Every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds.

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.

Pursuant to Code of Virginia, § 15.2-2201, a reasonable deviation from those provisions regulating the shape, size or area of a lot or parcel of land, or the size, height, area, bulk or location of a building or structure when the strict application of this chapter would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided that such variance is not contrary to the purpose of this chapter.

Any written order, requirement, decision, or determination regarding the permissibility of a specific use, structure, or density of a landowner's property that constitutes a significant affirmative governmental act pursuant to Code of Virginia, § 15.2-2307, and is issued in strict accordance with the requirements of this chapter.

A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Areas that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, and that is subject to a perpetual easement permitting inundation by water.

The administrative officer designated by the Frederick County Board of Supervisors to administer this chapter.

The official zoning map of Frederick County, Virginia.

Winchester Regional Airport.

The highest point on any usable landing surface expressed in feet above mean sea level.

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.

A surface longitudinally centered on the extended runway center line, 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.

A surface extending horizontally 20 feet for every one foot vertically from the periphery of the horizontal surface.

A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

A term referring to the average day-night sound level for areas adjacent to the Winchester Regional Airport.

A map showing the average day-night sound levels of 65 LDN and above for areas adjacent to the Winchester Regional Airport.

A required easement within the Winchester Regional Airport's noise abatement area as specified in the Airport District.

A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the "primary surface" extends 200 feet 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 Administration 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 center line.

A specified area on an airport prepared for landing and takeoff of aircraft along its length.

Surface which extends outward perpendicular to the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces.

For floodplain management purposes, a nonresidential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures within the SFHA are not to exceed 600 square feet.

The flood having a 1% chance of being equaled or exceeded in any given year.

The water surface elevations of the base flood, that is, the flood level that has a 1% or greater chance of occurrence in any given year. The water surface elevation of the base flood in relation to the datum specified on the County's Flood Insurance Rate Map. For the purposes of this chapter, the base flood is the 1% annual chance flood.

Any area of the building having its floor subgrade (below ground level) on all sides.

A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid-foundation perimeter walls, pilings, or columns (posts and piers).

With respect to a floodplain, an encroachment shall be the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Structures for which the start of construction commenced before the effective date of the FIRM or before July 17, 1978, for FIRMs effective before that date. Existing construction may also be referred to as "existing structures" and "pre-FIRM."

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the County.

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

An official map of the County on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk-premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

A report by FEMA that examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

Any land area susceptible to being inundated by water from any source.

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

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 one foot at any point within the community.

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed.

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

A Letter of Map Change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:

The lowest natural elevation of the ground surface next to the walls of a structure.

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Federal Code 44 CFR 60.3.

For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days.

For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on a community's FIRM are referenced.

For the purposes of determining insurance rates, structures for which the start of construction commenced on or after July 17, 1978, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which start of construction commenced on or after the effective date of a floodplain management regulation adopted by the County and includes any subsequent improvements to such structures.

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the county.

A structure for which construction or substantial improvement occurred on or after July 17, 1978.

A structure for which construction or substantial improvement occurred before July 17, 1978.

A building covered by a contract for flood insurance that has incurred flood-related damages on two occasions in a 10-year period in which the cost of the repair, on the average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event; and, at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

A structure that:

A special flood hazard area with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

The land in the floodplain subject to a 1% or greater chance of being flooded in any given year as determined in § 165-503.10 of this chapter.

The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

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% of the market value of the structure before the damage occurred.

For floodplain management purposes, violation includes the failure of a structure or other development to be fully compliant with the County's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

A structure or site within an HA District, at least 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 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.

Pursuant to the Code of Virginia, § 15.2-2201, an area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.

Any structure that is:

Any structure within an HA District not listed as a contributing structure.

Any change in the exterior appearance of a structure, excluding minor changes, such as painting, minor repairs and installation of easily removed equipment, such as air conditioning and/or storm doors or windows.

The permitted uses and density of development that is allowed on a sending property under any zoning ordinance of the County on a date of transfer of such rights. For purposes of this chapter, "transferable development rights" are included in this definition.

The process by which development rights from a sending property are severed from the sending property to a receiving property or transferee, pursuant to the transfer of development rights program under Article X of this chapter.

One or more areas identified in this chapter and designated by the Comprehensive Plan as an area authorized to receive development rights transferred from a sending area.

A lot or parcel of land within a receiving area and within which development rights are increased pursuant to a transfer of development rights affixed to the property.

One or more areas identified in this chapter and designated by the Comprehensive Plan as an area from which development rights are authorized to be severed and transferred to a receiving area.

One or more areas identified by an ordinance and designated by the Comprehensive Plan as an area from which development rights are authorized to be severed and transferred to a receiving area.

The process by which development rights from a sending property are severed pursuant to the provisions of this chapter.

The procedure prescribed by Article X of this chapter whereby the owner of a parcel in a sending area may convey development rights to the owner of a parcel in a receiving area or to another person or entity, whereby the development rights so conveyed are severed or extinguished on the sending property and may be exercised on the receiving parcel in addition to the development rights already existing regarding that parcel or may be held by the receiving person or entity.

A letter issued by the Director of Planning and Development or his designee agreeing to sever a specified number of residential development rights from a sending property in exchange for a restrictive deed covenant to which Frederick County is a party to on the sending property that restricts further development.

A letter issued by the Director of Planning and Development or his designee determining the number of residential development rights a sending property has available for transfer to a receiving property or transferee.

All or that portion of development rights that are transferred or are transferable.

A person or legal entity that owns property in a receiving area or who receives and holds development rights from a sending property.

The person or legal entity, including a person or legal entity that owns property in a sending area, who conveys development rights.

An agricultural cooperative association, organized under Article 2 of Chapter 3 of Title 13.1 of the Code of Virginia, that is primarily engaged in the retail or wholesale distribution of livestock and animal feed, fertilizers, agricultural chemicals, pesticides, seeds, and other agricultural products or services.

Any of the following activities:

Pursuant to Code of Virginia, § 3.2-6400, any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity.

A fully enclosed and covered structure, permanent or transportable, that provides a living area for chickens with adequate protection from the elements and predators. Chicken coops may include an outdoor running space (pen).

A commercial establishment for the manufacture and sale of dairy products.

A brewery licensed as a limited brewery under Subsection 4 of § 4.1-206.1 of the Code of Virginia.

A distillery licensed as a limited distillery under Subsection 2 of § 4.1-206.1 of the Code of Virginia.

Any guest accommodation on a working farm. In addition to overnight accommodations on site, guests may participate in rural activities, including farming, animal husbandry, ranching, harvest-your-own activities, natural activities and attractions.

A winery licensed as a farm winery under Subsection 6 of § 4.1-206.1 of the Code of Virginia.

Retail sale of fresh fruit and vegetables, and other food and related items, horticultural products and livestock at a facility with space occupied by one or several different tenants on a short-term or daily basis; may be indoor or outdoor; this term does not include wayside stands, roadside stands or wayside markets.

A farm where hogs are produced and kept.

Establishments primarily engaged in the slaughtering or processing of meats for human consumption or other related products. The word "slaughterhouse," as used in this definition, shall not be construed to prohibit persons who are actually farmers from killing their own cattle, sheep, swine, goats and fowl for their own family use.

A building, group of buildings, or use of land, or any combination thereof, where, for compensation, whether monetary or goods, provision is made for horses or ponies for hire or instruction in riding.

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.

A public or private establishment operated or maintained for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting. Adult care residences do not include facilities or portions of a facility licensed by the State Board of Health or the Virginia Department of Behavioral Health and Developmental Services; and the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; and a facility or portion of a facility serving infirm or disabled persons between the ages of 18 and 21.

Pursuant to Code of Virginia, § 36-96.7, housing intended for and occupied by older persons. The housing must include the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner(s) and manager(s) to provide housing for older persons.

A building or series of buildings containing residential living facilities for older, disabled or infirm persons and which provides personal and health care services, 24-hour supervision, and various types of assistance (scheduled and unscheduled) in daily living and meeting the requirements of Code of Virginia, § 63.2-1800 et seq.

An owner- or operator-occupied single-family detached dwelling unit which contains no more than one kitchen and 10 or fewer guest rooms which are occupied for sleeping purposes by guests, other than temporary personal guests of a family in a dwelling unit, for compensation, with or without meals. A bed-and-breakfast may include banquet/event facilities for private parties as an accessory use.

A dwelling or part thereof where, for compensation, lodging and meals are provided to boarders.

Pursuant to Code of Virginia, § 53.1-1, any group home, halfway house, or other physically unrestricting facility used for the housing, treatment or care of adult offenders established or operated with funds appropriated to the Department of Corrections from the state treasury and maintained or operated by any political subdivision, combination of political subdivisions or privately operated agency within the Commonwealth.

Pursuant to Code of Virginia, § 36-96.7, a housing development on one parcel of land that meets the requirements for housing for older persons that is planned, designed and operated to provide a full range of accommodations for older persons, including independent-living facilities, congregate-care facilities, assisted-living facilities and nursing home (skilled-care) facilities. CCRCs must also include ancillary facilities for the further enjoyment, service or care of the residents. In a CCRC, residents may move from one level to another level of housing accommodations as their needs change. Continuing care residential communities may not contain individual parcels and may not include condominium options; the community must be developed as one parcel that is owned and operated by one entity that offers rental options for the residential units.

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.

An occupation or profession customarily carried on in a dwelling unit or an accessory building.

A building used as a group living quarters for students and medical and allied health personnel that is owned by a hospital, medical center, clinic, university, college, or professional school.

A residential structure or portion thereof which is used exclusively for human habitation.

A child day program, as defined under Code of Virginia, § 22.1-289.02, for children offered in the residence of the provider for up to four children at any one time, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation.

A child day program, as defined under Code of Virginia, § 22.1-289.02, for children offered in the residence of the provider for five through 12 children at any one time, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation.

Buildings at least two stories high but no more than four stories in height that contain multiple dwelling units that share a common yard area. The entire dwelling unit does not necessarily have to be on the same floor.

As provided by Code of Virginia, § 15.2-2291, a licensed residential facility in which no more than eight mentally ill, intellectually disabled, or developmentally disabled persons or no more than eight aged, infirm, or disabled persons reside, with one or more resident counselors or other resident or nonresident staff persons, shall be considered a residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia, § 54.1-3401. Such facility shall be licensed by the Virginia Department of Behavioral Health and Developmental Services (Code of Virginia, § 15.2-2291).

An occupation or profession customarily carried on in a dwelling unit.

A building or series of buildings containing independent dwelling units or individual housing units to include: single-family detached, duplex or multiplex units. Independent-living facilities are intended to provide housing for older persons not requiring health or other services offered through a central management structure/source. The facility may include ownership or rental units and must be subject to appropriate covenants, conditions, management policies or other procedures to ensure that the facility provides only housing for older persons (as defined in Code of Virginia, § 36-96.7).

A "single-wide," "double-wide," or "triple-wide" structure that is transportable in one or more sections, is eight feet or more in width and 40 feet or more in length in the traveling mode, is built on a permanent chassis and is designed for use as a dwelling unit with or without a permanent foundation when connected to the required utilities. For purposes of this chapter, a Manufactured Home must meet the standards promulgated by the United States Department of Housing and Urban Development (HUD), published at 24 CFR Part 3280, including the ANSI standards incorporated therein by reference. For purposes of this chapter, a Manufactured Home must bear a data plate declaring that it meets HUD standards. For floodplain management purposes, see § 165-1003.02 of this article.

A parcel (or contiguous parcels) of land or a subdivision divided into two or more manufactured home lots for rent or sale.

An attached residence containing three to four dwelling units. Units may or may not have independent outside access. Units within multiplex structures may be arranged side to side, back to back or vertically.

Any occupancy of all or part of a dwelling or manufactured home for a period of 30 days or less.

Pursuant to the Code of Virginia, § 15.2-2292.1., a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that: (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who shall be the mentally or physically impaired person, or, in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in Code of Virginia, § 63.2-2200, as certified in writing by a physician licensed in the commonwealth; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.

An establishment in a dwelling which supplies temporary accommodation to up to 14 overnight guests for a fee.

This dwelling type consists of a single-family attached dwelling unit from ground to roof, with individual outside access. Rows of townhouses shall contain no more than eight dwelling units in a group. Back-to-back townhouses shall contain no more than 16 dwelling units in a group.

A residential facility for persons of all ages recovering from alcohol and/or drug addiction where supervision, rehabilitation and counseling are provided to the residents.

Any project meeting the criteria of Code of Virginia, § 15.2-2316.3.

A freestanding or building mounted structure, including any base, tower or pole, and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM) license issued by the Federal Communications Commission, and permitted pursuant to Code of Virginia, § 15.2-2293.1.

A lot or parcel upon which two or more campsites are located, established or maintained for occupancy by the general public as temporary living quarters for recreation, education or vacation purposes.

Pursuant to Code of Virginia, § 54.1-2310, any land or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.

Buildings or structures primarily intended for the conduct of organized religious services and associated accessory uses.

Offices or facilities owned, leased or operated by government agencies for government services. See "school" for school use.

A charitable organization established to provide relief assistance to an identified distressed, underprivileged group. Relief would be provided in such forms as clothing, medical supplies or educational contributions. The organization must provide a public beneficial interest to the community.

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.

On-site heating and cooling plants, pump stations, electro-magnetic systems, distribution transformers, pipes and meters, water and sewer lines, booster or relay stations, transformer substations, and water supply stations either located within a structure or freestanding.

Any area, building or structure used or controlled for government purposes, that is owned, held, or operated by any department, branch or unit of the federal government, the Commonwealth of Virginia or one or more of its local governments, political subdivisions or municipal corporations.

Electrical substation intended for delivery of retail electrical power. Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operating under a permit-by-rule (PBR).

Generation of power via coal, natural gas, solar, wind, nuclear, biomass, hydroelectric or other methods Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operating under a permit-by-rule (PBR).

Booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities, and sewer and water treatment facilities, including sewer and water transmissions lines. Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operation under a permit-by-rule (PBR).

Electrical substation intended for long-range delivery of wholesale electrical power with typical voltages of 500KV and higher. Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operating under a permit-by-rule (PBR).

A place or facility designed, equipped and used for the conduct of sports, leisure-time activities and other recreational activities.

An area provided within a residential recreational community for its residents to store recreational vehicles such as boats, campers, RVs and travel trailers.

Infrastructure, including towers, antennas, panels, microwave dishes, receiving dishes, equipment building, other transmitting and receiving components and other accessory structures, used for the wireless electromagnetic transmission of information, excluding structures utilized as satellite earth stations and structures utilized for amateur or recreational purposes such as ham radio or citizen band radio.

Included in this use type are small facilities such as those defined in Code of Virginia, § 15.2-2316.3.

A retail establishment for which 25% or more of its stock in trade, as determined by floor area, is in videos, magazines, books, publications, tapes, films or other periodicals and paraphernalia which are distinguished or characterized by an emphasis on depicting or describing specified sexual conduct or specified anatomical areas.

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.

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.

A structure, or portion thereof, designed for or used for servicing, repair, or equipping boats, but not including boat sales.

A development which includes multiple buildings and uses. Shopping Centers, Industrial Parks, and Office Parks are types of Business Parks.

Private, fee-supported, outdoor facilities used for athletic, training, recreational or park purposes that utilizes supervised athletic or recreational activities.

A sports or activity facility either open to the general public for a fee or for members and their guests, located in an enclosed building or structure designed to accommodate gatherings for athletic, training, recreational or park purposes, games, cultural activities, martial arts, archery, and the like.

A public or private fee-supported recreational facility located indoors or outdoors that may include swimming pools, court games and other similar activities.

A structure or facility designed to accommodate meetings and other events with or without food service developed to be either stand-alone or within a hotel or motel.

A land area and buildings containing recreational facilities, clubhouse and usual accessory uses, primarily open to members and their guests for a membership fee or daily fee; may include but are not limited to swimming pools, tennis courts, golf courses, stables and riding facilities.

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.

A facility in which more than five children and/or adults, not including persons 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 24-hour day.

Any establishment whose principal business is the sale of food or beverages in a ready-to-consume state with a 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.

An occasional or periodic sales activity, held within a building, structure or outdoors where groups of individual sellers offer goods for sale to the public, not to include private garage sales. Such sellers may set up temporary stalls or tables for the sale of their products. Such sales may involve new and/or used items to include, but not be limited to, household items, antiques, rare items, decorations, used books, used magazines, jewelry clothing and/or a variety of merchandise and may also include the sale of fruits, vegetables and other edible items. The sale of vehicles, heavy equipment, boats, watercraft, agricultural machinery or the like shall be prohibited. The individual sellers at the flea market need not be the same each time the market is in operation.

A development concept that accommodates aspects of retail, manufacturing, wholesale and warehousing by an individual user within a single structure. Such development is designed to accommodate users that require flexibility in their square footage allocation. A typical flex-tech user would be a small business that initially requires a relatively small square footage but may increase the business' square footage as the strength of the business improves.

A building or portion thereof, other than a private garage, designed or used for servicing, repairing or equipping motor vehicles, but not including service stations or vehicle sales.

A room or building used for conducting the affairs of a business, professional, service, industry, or other enterprise.

A tract of land used for playing golf, improved with tees, greens, fairways, and other features, including accessory uses and structures.

An institution rendering medical, surgical, or convalescent care, including nursing homes, homes for the aged and sanatoriums, and treatment centers that serve patients at least partially on an inpatient basis.

A place prepared to house, board, breed, handle, or otherwise care for dogs for sale or in return for compensation. One 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.

Medical-related facilities, activities, and personnel, including administrative, clinical support, and general support services and personnel.

Uses which raise plant materials or sell plant materials and related products.

A development primarily devoted to office uses, containing two or more uses within a single master development or site plan.

An area devoted to organized shooting and target shooting.

A building or structure consisting of more than one level designed and used for public or private parking of motor vehicles.

A facility for transient guests where the primary attraction is recreational features or activities.

A facility in which food and drinks are prepared, served and consumed.

Any premises 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.

A facility or site utilized for events that are typically conducted on a single day but which may be conducted for up to three consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences, banquets, dinners, weddings, and private parties.

A structure or facility designed to provide recreational, educational, and medicinal benefits to the public.

A premises in which the majority of the use is occupied by computers and/or telecommunications and related equipment for processing, storing, or transferring information. Infrastructure such as utility substations, power generators, and other supporting equipment may also be included.

A structure or facility designed to maintain vehicles, aircraft and equipment associated with medical and allied health services.

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.

A sanitary landfill site used for the disposal of solid wastes beneath layers of soil and other materials.

The mechanical or chemical transformation of materials and substances into new products, including the assembly of component parts and the blending of materials.

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.

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.

A structure or facility designed for the storage of medical supplies, equipment, furniture and fixtures associated with medical and allied health services.

A residential recreational community facility for the collection and recycling of household materials that are generated by its residents.

A use of land or of a building or portion thereof customarily associated with and incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. A secondary use shall be a use not already permitted by right in a zoning district but may be permitted in conjunction with permitted use.

Any personal property designed and used primarily for the purpose of collecting, generating, or transferring electric energy from sunlight. Any such facility primarily designed or intended to offset personal energy consumption by the owner of the facility does not constitute a utility-scale solar power-generating facility.