Legislative applications require an action (approval or denial) by the Board of Supervisors. These applications are processed by the Department of Planning and Development and require public hearings before the Planning Commission and Board of Supervisors. Typically, these applications involve land use matters such as zoning changes, housing density increases, and applications for new or modified uses.

REZ – Rezoning Application; minor proffer amendments

CUP – Conditional Use Permit

Public comments may be provided to the Planning Commission and Board of Supervisors for legislative applications during their applicable public hearing.

Administrative applications such as site plans and subdivision design plans are processed internally by the Department of Planning and Development. These types of applications pertain to uses that are permitted by-right within a specific zoning district. Administrative applications do not require public hearings, adjoiner notifications, or action by the Board of Supervisors.

A comprehensive list of pending and recently approved legislative and administrative applications can be found here.

Notification of a public hearing is sent to property owners who abut or are adjacent (including across roadways) to a property that is the subject of a legislative application (i.e., rezoning or a conditional use permit). Notification letters are sent to inform property owners that a change is being requested for a specific property and informing the recipient that they have the opportunity to comment on the application.

Two notification letters are sent out, the first prior to the Planning Commission public hearing and the second prior to the Board of Supervisors’ public hearing. The first notice is mailed at least 21 and no more than 30 calendar days before the hearing with the second notice being mailed at least 5 calendar days before the hearing.

In addition to written notification to adjoining/abutting property owners, yellow public hearing signs are posted on subject properties along major roadways with the project name, application (reference) number and contact information for the Department of Planning and Development. Finally, a public notice is published in the local newspaper 14 days before and again 7 days before a public hearing.

If you need assistance or have questions about why you received a notification letter or about advertisement for a public hearing you may also contact the department front counter at 540-665-5651.

Public files are maintained for all application types (legislative or administrative) by the Department of Planning and Development at the Frederick County Government Center in Winchester (2^nd floor, 107 N. Kent Street). All applications are also maintained electronically in the county’s Current Planning Applications page. Fourteen (14) days prior to public meetings/hearings, agenda and application materials are available through the Meeting Portal tab on the County’s homepage. All application materials (i.e. submittal documents, review agency comments, maps, staff reports, etc.) are available online.

If you need assistance or have questions about accessing application materials, you may also contact the department front counter at 540-665-5651.

Electronic comments may be submitted using the e-Comment link under the Meeting Portal tab on the county’s homepage. All comments submitted online for a legislative application become part of the public record and are included in the public file and digitally archived within the county’s system. In addition, all comments submitted prior to a public hearing are available provided to the Planning Commission and Board of Supervisors. Any comments received after a public hearing has been held will be provided to the appropriate decision-making body, dependent on where the application is in the process.

Citizens can also provide verbal and/or written comments at the Planning Commission and Board of Supervisors public hearing. Written comments can be sent directly to the Department of Planning and Development, 107 N. Kent Street, Suite 202, Winchester, VA 22601.

Finally, citizens can attend a public hearing and deliver verbal comments on a particular application directly to the Planning Commission or Board of Supervisors. For more information about upcoming meeting agendas, please use the Meeting Portal tab on the county’s homepage.

Public comment and correspondence, whether e-mailed, written, or spoken, are made part of the public record and are subject to the Virginia Freedom of Information Act (FOIA).

If you need assistance or have questions about submitting a public comment on an application, you may also contact the department front counter at 540-665-5651.

The Frederick County Zoning Ordinance outlines the by-right or allowed uses and the uses that require a conditional use permit (CUP) for each zoning district. The uses of a property will depend on the zoning designation adopted on the Official Zoning Map.

A zoning designation for a particular property may be changed through a process known as a rezoning. A rezoning may only be undertaken when the desired zoning district designation aligns with the future land use specified in the County’s 2035 Comprehensive Plan.

To look up the zoning classification for your property, you may use the County’s Interactive GIS Mapping System to determine your property’s zoning district. For an official (written) certification letter regarding the zoning of a particular property, or an official (written) determination letter regarding a desired use may be requested in writing through the Zoning Administrator.

For more information about zoning, permitted, conditional uses, future land uses, and zoning determination and certification letters please contact the Planning Department at (540) 665-5651.

“Granny flats” also known as “in-law suites” or accessory dwelling units are allowed in all residential districts. Requirements for accessory dwelling units are contained in §165-201.05 of the Frederick County Zoning Ordinance.

In the RP (Residential Performance), R4 (Residential Planned Community) and R5 (Residential Recreational Community), and MH1 (Mobile Home) Zoning Districts, accessory dwelling units are permitted if they are attached to the principle dwelling by a breezeway or other means. In the RP, R4, and R5 Zoning Districts a mobile home shall not be allowed as an accessory dwelling. In the RA Zoning District, accessory dwelling units are permitted as detached (standalone) structures pending they meet the required setbacks for accessory. In all zoning district where accessory dwellings are permitted, the unit cannot exceed 25% of the gross square footage of the primary residence. For example, if your home is 3,000 square feet (SF) than the maximum size your accessory dwelling could be is 750 SF. 

Building permits are required for all accessory dwelling units and may be obtained through the Department of Building Inspections. If you need more information on this subject, please contact the Planning Department at (540) 665-5651.

If you live in a residential subdivision or a planned community such as Shawneeland, Mountains Falls or Wild Acres, the keeping of backyard chickens (and other fowl such as roosters, hens, ducks, turkeys, guinea fowl, etc.) is prohibited. The keeping of fowl and other livestock such as goats, sheep, and horses are only permitted in the County’s RA (Rural Areas) Zoning District. Private covenants restricting rural subdivisions may also apply.

If you need more information on this subject, please contact the Planning Department at (540) 665-5651.

Use the County’s Interactive GIS Mapping System to determine your property’s zoning district. If your property is zoned as RP (Residential Performance), your property’s setback requirements will be listed in §165-402.09 of the Frederick County Zoning Ordinance. For convenience, the County has assembled a Setback Pattern Book which graphically displays and explains the setback requirements for each housing type. Example subdivisions of each housing type are listed in the Setback Pattern Book. Always refer to the Frederick County Zoning Ordinance for any zoning regulation; never rely solely on the Setback Pattern Book.

If your property is zoned RA (Rural Areas), your property’s setbacks are listed in §165-401.07 of the Zoning Ordinance. The front setback for any principal use or structure shall be 60 feet from the property line or right-of-way of the street (not centerline), road or ingress/egress easement. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows:

Along with the Zoning Ordinance and Setback Pattern Book, it may be necessary to consult the recorded plat for your property, which could vest (or “grandfather”) setbacks for your property that supersede newer setbacks dictated by the Zoning Ordinance. Plats are recorded with the Clerk of Courts for Frederick County. For more information about obtaining the plat for your property visit the clerk’s website.

Please note that for any proposed structure that is 5-FT or closer to a setback line and/or occupies a space greater than 500 square feet (SF), a structural location survey will be required in conjunction with your building permit. The structural location survey is described in detail in § 165-201.02 of the Zoning Ordinance and in the Setback Pattern Book.

Any development, revision, or addition to land zoned commercial or industrial (B1, B2, B3, M1, M2, OM, and EM) must be depicted on a site plan approved by Frederick County.

The first step would be to contact the Planning Department to discuss the desired expansion to see if it would be permitted.

If permitted the next step would be to contact an engineer or surveyor licensed in the Commonwealth of Virginia to draft and submit plans to the Department of Planning and Development and other required County Departments or State agencies for review Requirements for site plan submissions are contained in §165-802 of the Frederick County Zoning Ordinance.

If you need more information on this subject, please contact the Planning Department at (540) 665-5651.

First you need to determine how your property is zoned, which you can find on the County's Interactive GIS Mapping System. If your property is zoned RP (Residential Performance), R4 (Residential Planned Community) or R5 (Residential Recreational Community) your setbacks will be 35-FT from any roads or access easements and 5-FT from the side yard and 5-FT from the rear yard property lines. If your structure is over 256-SF in size you will need a building permit from the County’s Building Inspections Department which can be reached at (540) 665-5650.

If your property is zoned RA (Rural Areas) your setbacks will be 60-FT from any public roads or 45-FT from the edge of any private road or access easements (not centerline) and 15-FT from the side yard and 15-FT from the rear yard property lines. If your building is over 256-SF in size you will need a building permit from the County's Building Inspections Department which can be reached at (540) 665-5650.

Please note that for any proposed structure that is 5-FTft or closer to a setback line and/or occupies a space greater than 500 square feet (SF), two (2) sets of a structural location survey will be required in conjunction with your building permit. The structural location survey is described in detail in section § 165-201.02 of the Zoning Ordinance and in the Setback Pattern Book.

If you need more information on this subject, please contact the Planning Department at (540) 665-5651.

Before you start any project, please check your Homeowners Association Covenants.

A daycare may be operated as a home occupation in a residence so long as there are no more than five (5) 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 twenty-four-hour day.

If more than five (5) children are requested than a conditional use permit (CUP) must be sought.

If you need more information on this subject, please contact the Planning Department at (540) 665-5651.

All food trucks shall have an approved Frederick County Business License and shall have the required permits from the Virginia Department of Health – Lord Fairfax Health District, the Virginia Department of Motor Vehicles (VADMV), and the Frederick County Fire Marshal’s Office. A business license and other permits shall be clearly displayed on the food truck at all times. Food trucks are only permitted to operate on private property with written consent of the property owner. Food trucks shall not stay in one (1) location for more than a 24-hour period.

Please call the Commissioner of the Revenue at (540) 665-5609 for information on obtaining a Frederick County Business License

The placement of residential fences is not regulated by Frederick County.

A privacy fence may be erected on your property line, but you need to ensure that you have adequate room to maintain or repair you fence. Homeowners should start by obtaining a copy of the recorded plat for their property. Plats are recorded with the Clerk of Courts for Frederick County. For more information about obtaining the plat for your property visit the clerk’s website.

Please note that fences cannot be placed in easements (drainage, stormwater, utility), the plat of your property or deed may show if you have any recorded easements.

Fences along roads may need to be approved by the local VDOT office to ensure that they are not creating a visual hazard by blocking the line of site.

If you need more information on this subject, please contact the Planning Department at (540) 665-5651.

Businesses or "Home Occupations" can be operated from a residence under certain conditions.

Home occupations can only be operated by persons who reside in the dwelling and the business can only be operated in the dwelling (business cannot take place in a detached garage or building on the property).

Employees, signage or advertising and alterations to the structure for the business are prohibited with a permitted home occupation.

The business must also be incidental and secondary to the use of the dwelling 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 is permitted. Up to five (5) customers a day is also permitted with a home occupation.

Please call the Commissioner of the Revenue at (540) 665-5609 for information on obtaining a Frederick County Business License.

Yes, depending on the scale of the business another option is to seek a conditional use permit (CUP)from the County for a cottage occupation.

Cottage occupations may be operated out of the home or an accessory building on the property, one (1) employee may be permitted and a sign may also be permitted.

Cottage occupations still need to be incidental and secondary to the use of the dwelling for residential purposes.

Please note that a conditional use permit is not guaranteed, they must be applied at the Planning Commission and the Board of Supervisors of Frederick County has the ultimate decision on whether the permit is granted or denied.

If you need more information on this subject, please contact the Planning Department at (540) 665-5651.

If you notice that there is land being cleared or graded, it is possible that the land is being prepped for development.

Administrative applications (i.e. site plans, master development plans, and subdivision design plans) under review or recently approved by the Department of Planning and Development can be reviewed online using the Current Planning Applications page on the department website.

If you need more information on this subject, please contact the Planning Department at (540) 665-5651.

In most cases, investigation of a zoning and subdivision violation and enforcement action happens when a citizen reports a potential violation. Types of violations that are typically reported include:

• Inoperable vehicles
  • Inoperable or abandoned vehicles parked on private property.
  • Commercial vehicles (such as tractor trailers, dump trucks, tow trucks, etc.) parked on private property in residential zone.
  • Vehicles parked on commercial properties without screening/landscaping.
• Illegal residential & commercial business activities
• Overgrown grass
  • Grass/weeds over 18" tall in the residential districts (Note: tall grass is not regulated in the RA district)
  • Site Plan Violation (ex. Dead landscaping, improper screening, etc.)
• Excessive noise
  • Excessive noise in an industrial or commercial district

All other noise complaints (i.e. residential related noise) should be directed to the Frederick County Sheriff’s Office (non-emergency phone 540-662-6162). To submit a violation, please visit the Frederick County at Your Service page. Your contact information is required in order to investigate the complaint. Please note that complainant information is strictly confidential and will not be provided to the public. If you would like to submit a violation complaint on a topic not found below, please call the Department of Planning & Development at (540) 665-5651.

Homeowner/community associations restrictions and private covenants are not regulated by Frederick County. Private covenants may further restrict the use of private property beyond those regulations in the Frederick County Zoning and Subdivision Ordinance.

Questions regarding the use of private covenants/restrictions should be directed to your homeowner’s association. If a homeowner’s association has not yet been established for your community, you should contact the developer of your property directly.

A subdivision plat must be submitted for review and approval by the County, prior to recordation of any land division, in all zoning districts.

The minimum lot size in Frederick County for property in the RA (Rural Areas) zoning district is a tradition 5-acre lot. On any parcel which contained seven (7) acres or more prior to December 11, 1991, lots as small as two acres may be created, provided that the following conditions are met:

• Lots are conveyed to members of the immediate family of the owner of record of the parent tract. The conveyed lot(s) shall remain with the family member for a period of five years from the date of the creation of the family lot.
• Only one such lot shall be permitted per immediate family member.
• One parcel of at least five acres in size shall remain intact following the division.
• The creation of all such lots shall be in accordance with the provisions of the Frederick County Subdivision Ordinance and § 15.2-2244 of the Code of Virginia.

If you need more information on this subject, please contact the Planning Department at (540) 665-5651.