On the agenda: Front Royal meeting — Data Center (Aug 3)

TOWN COUNCIL REGULAR WORK SESSION
Monday, August 3, 2026 @ 7:00 PM
Town Hall Conference Room
View meeting online LIVE at https://www.frontroyalva.com/673/Town-Hall-Live

1. Roll Call
2. NEW BUSINESS
a. Special Use Permit – Rotary Club Mural at 37 Water Street-L. Kopishke
b. Zoning Ordinance Amendment – Outdoor Dining Areas- L. Kopishke
3. OLD BUSINESS
a. An Ordinance Amendment to Town Code §175 Regarding Data Center Definitions and
Zoning District Regulations- L. Kopishke
4. CLOSED MEETING
5. ADJOURN

COUNCIL REGULAR WORK SESSION
AGENDA STATEMENT

Meeting Date: August 3, 2026

Item# 2A

Agenda Item:
Special Use Permit – Rotary Club Mural at 37 Water Street
Summary:
The application for review is a request for an artistic mural, exceeding sixty (60) square feet in size, on
the north side of the building facing the intersection of N. Commerce Avenue and Manassas Street,
located at 37 Water Street., identified by Tax Map 20A8-6-C3. The property is zoned C-2, Downtown
Business District.
PC held a public hearing on July 15th and forwarded a recommendation of approval.
Budget/Funding: N/A

Staff Recommendation:
Staff recommends approval with no conditions.

Town of Front Royal, Virginia
Planning Commission Regular Meeting Agenda

Agenda Item: Special Use Permit Application #2600273
MEETING DATE: July 15, 2026
SUMMARY: The application for review is a request for an artistic mural, exceeding sixty (60) square feet
in size, on the north side of the building facing the intersection of N. Commerce Avenue and Manassas
Street, located at 37 Water Street., identified by Tax Map 20A8-6-C3. The property is zoned C-2,
Downtown Business District.
STAFF RECOMMENDATION:
The special use permit is required because the symbology contained within an artistic mural constitutes
a sign and its proposed size exceeds 60SF. Due to the subjective nature of an artistic mural and since
these murals can be removed and altered with minimal effort, staff supports recommendation of
approval to Town Council.
DRAFT MOTION:
“In furtherance of the purposes and objectives contained in Town Code §175-1(B), I move that the Planning
Commission forward a recommendation of approval to the Front Royal Town Council for Special Use Permit
Application #2600273 for an artistic mural, exceeding sixty (60) square feet on the north side of the building
located at 37 Water Street, identified by Tax Map 20A8-6-C3.”
“I move that the Planning Commission keep the public hearing open to allow staff time to ascertain
additional information regarding _______________________.”
“In furtherance of the purposes and objectives contained in Town Code §175-1(B), I move that the Planning
Commission forward a recommendation of denial for Special Use Permit #2600273 for an artistic mural,
located at 37 Water Street., identified by Tax Map 20A8-6-C3, for the following reasons:
_________________________________________”
NOTE: These are only draft motions. Alternative motions are also welcome.

PLANNING COMMISSION ACTION:
Moved
Marshner

Seconded
Marrazzo

Neel

Brooks

Fedoryka

TOWN OF FRONT ROYAL
DEPARTMENT OF PLANNING & ZONING
PLANNING COMMISSION REGULAR MEETING
JULY 15, 2026

APPLICATION #:

APPLICANT:

Special Use Permit #2600273

Rotary Club of Front Royal

SUMMARY OF REQUEST:
The application for review is a request for an artistic mural, exceeding sixty (60) square
feet in size, on the north side of the building facing the intersection of N. Commerce
Avenue and Manassas Street, located at 37 Water Street.

GENERAL INFORMATION:
Site Addresses
Property Owner(s)
Existing Zoning
Tax Identification
Location

37 Water Street
Warren County Workshop Inc
C-2, Downtown Business District
20A8-6-C3
The property is located at the corner of North Commerce Avenue,
Manassas Street and Water Street.
AERIAL VICINITY MAP – (FRONT ROYAL GIS)

Page 1

PROPOSED LOCATION OF MURAL – 37 WATER STREET (North Side of the Building)

INFORMATION ON THE APPLICATION:

Proposed Mural – 37 Water Street
Application
Documents

Zoning
Ordinance

As per Town Code 175-106-A.4 (Definitions) Sign, Any device employing
letters, words, symbols, etc., used or intended to attract the attention of the
public from streets, sidewalks, or other outside public right-of-ways. For the
purpose of this Article, the term “sign” shall include all structural members.
As per Town Code 175-106-A.4 (Definitions) Wall Sign, A sign attached to a
wall, or painted on or against a flat vertical surface of a structure, which
displays only one (1) advertising surface.

Page 2

As per Town Code 175-106-B-2.b.3a Wall or Marquee Sign, One (1) square
foot per linear foot of building width on which the sign is to be attached, up to a
maximum of sixty (60) square feet…Artistic murals containing business or
product advertising may be approved for a size exceeding sixty (60) square feet
by a special permit, pursuant to Section 175-136, when located outside the
Historic Overlay District.

Findings and Analysis & Staff Recommendation
The special use permit is required due to the proposed size of the mural. As this property is not
located in the Historic District, a Certificate of Appropriateness is not required. Murals are
subjective in nature and not considered a permanent fixture, therefore staff recommends
approval.
There are three trees, two are on private property, one is in the Town’s right of way. The
applicant will need to coordinate with Public Works to discuss tree removal.
Attachments:

A. Application
B. Rendering

Page 3

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COUNCIL REGULAR WORK SESSION
AGENDA STATEMENT

Meeting Date: August 3, 2026

Item# 2B

Agenda Item:
2600349 – An ordinance amendment to define outdoor dining area in town code §175-3, permit outdoor
dining as an accessory use in the c-1, community business district & c-2, downtown business district, and
add performance standards under town code §175-118.
Summary:
This amendment will provide parameters for staff to regulate and permit business owners to provide
outdoor seating within the Town’s commercial districts.
PC held a public hearing on July 15th and forwarded a recommendation of approval.
Budget/Funding: N/A

Staff Recommendation: Staff recommends approval.

Town of Front Royal, Virginia
Planning Commission Regular Meeting Agenda

Agenda Item: Ordinance Amendment #2600349
MEETING DATE: July 15, 2026
SUMMARY: An Ordinance Amendment to define Outdoor Dining Area in Town Code §175-3, permit outdoor
dining as an accessory use in the C-1, Community Business District & C-2, Downtown Business District, and
add performance standards under Town Code §175-118.
STAFF RECOMMENDATION: Staff recommends approval. This amendment will provide parameters for
staff and business owners to provide and regulate outdoor seating.
DRAFT MOTION:
“In order to promote the general welfare of the public and in accordance with Town Code §175-1(B), I
move that the Planning Commission forward a recommendation of approval to the Town Council to
approve an Ordinance Amendment to define Outdoor Dining Area in Town Code §175-3, permit outdoor
dining as an accessory use in the C-1, Community Business District & C-2, Downtown Business District, and
add performance standards under Town Code §175-118. ”
“I move that the Planning Commission keep the public hearing open to allow staff time to ascertain
additional information regarding _________________. “
“In order to promote the general welfare of the public and in accordance with Town Code §175-1(B), I move
that the Planning Commission forward a recommendation of denial to the Town Council for Text
Amendment #2600349 for the following reason(s)_____________________________: ”
NOTE: These are only a draft motions. Alternative motions are also welcome.

PLANNING COMMISSION ACTION:
Moved

Seconded

Marshner _______ Marrazzo _______ Neel _______ Brooks _______ Fedoryka _______

AN ORDINANCE AMENDMENT TO DEFINE OUTDOOR DINING AREA IN TOWN CODE §175-3,
PERMIT OUTDOOR DINING AS AN ACCESSORY USE IN THE C-1, COMMUNITY BUSINESS
DISTRICT & C-2, DOWNTOWN BUSINESS DISTRICT, AND ADD PERFORMANCE STANDARDS
UNDER TOWN CODE §175-118.

Amendment to § 175-3 (Definitions)
OUTDOOR DINING AREA — An outdoor space on the same lot as, or contiguous to, a legally
established food establishment (such as a restaurant or cafe) used for the consumption of food
or beverages. All furniture, umbrellas, and structures must be temporary, unattached, and easily
removable at the end of daily business hours.
175-39 - USE REGULATIONS (C-1)
A. Subject to the standards and requirements set forth in this Chapter, except as prohibited or
restricted by separate restrictions of record that may pertain to property within the C-1
District, the following uses of land and buildings are permitted by-right in the C-1 District:
RESIDENTIAL:
Up to three (3) dwelling units of any type, but not on the ground floor.
Caretaker quarters.
COMMERCIAL:
Appliance stores and repair services.
Assembly Halls.
Automobile and truck sales lots and leasing agencies, in accordance with Section 175-44.E.
Automobile service stations, in accordance with Section 175-110.
Bakeries, when products are sold as retail on the premises.
Banks, branch banks, and financial institutions.
Barber and beauty shops.
Car washing.
Catering Services.
Contractor's offices, display rooms and storage.

Commuter parking facilities.
Department Stores.
Drugstores.
Florist shops/floral designers.
Funeral homes.
Furniture stores.
Grocery stores.
Hardware stores.
Laundries, Laundromats and dry cleaners.
Lumber and building supply, with storage under cover.
Machinery sales and service.
Motels, hotels, and tourist homes.
Newspaper and other printing establishments.
Personal Services.
Retail Stores, as defined in Section 175-39.C.
Pharmaceutical Center.
Professional and Business Offices.
Radio and television broadcasting stations, studios or offices.
Recreational Facility, Commercial.
Restaurants, including drive-in restaurants.
Special childcare services.
Technology business, as defined in Section 175-3, provided that such use does not involve
broadcast or communications towers or manufacturing operations.
Theatres, Indoor.
Tobacco, smoke or vape shop in accordance with provisions of Section 175-152.
Veterinary hospitals.

Wearing-apparel stores.
INDUSTRIAL:
ORGANIZATIONAL:
Art galleries and museums.
Churches.
Public libraries.
MISCELLANEOUS:
Accessory uses, structures and buildings.
Home occupations.
Open Space.
Public facilities.
Public parks and playgrounds.
Outdoor Dining Area, in accordance with 175-118.
Public utilities.
Signs, as set forth in Section 175-106.
Special childcare services.
Such other uses as determined similar to one (1) or more enumerated uses by the Zoning
Administrator.
B. The following uses are permitted within the C-1 District only by approval of a special
use permit, except as prohibited or restricted by separate restrictions of record that may
pertain to property within the C-1 District:
RESIDENTIAL:
Apartments or dwelling units, with four (4) or more units or where located on the ground
floor, subject to the provisions of Section 175-113.
COMMERCIAL:
Automobile garages, excluding where repairs work is only an accessory use, subject to the
requirements of Section 175-110.3 where motor vehicle painting or body work services are
provided.

Automobile Parking Lots, commercial.
Bed and Breakfasts, as set forth in Section 107.3.
Day Care Facilities and schools, subject to the provisions of Section 175-107.1.F, and any
necessary improvements or changes to address the considerations of that section.
Farmers' markets, and flea markets, in accordance with Section 175-44.F.
Kennels.
Shopping centers as set forth in Section 175-111.
Tobacco, smoke or vape shop.
INDUSTRIAL:
Distribution facilities, subject to the standards and criteria for industrial uses provided in
Section 175-70.
Wholesale establishments with storage and processing, subject to the standards and criteria
for industrial uses provided in Section 175-70.
ORGANIZATIONAL:
Schools.
MISCELLANEOUS:
Any use permitted under Section 175-39, or specifically listed above under this subsection,
that proposes to occupy a building or structure that exceeds the height requirements of
Section 175-41, subject to the requirements of Section 175-136. Additional heights approved
by a special use permit shall be required to increase the required setback and yard area
requirements by an equivalent distance from each property line.
Conservation areas.
Communication towers, in accordance with Section 175-110.4.
Conversion of a structure originally designed and intended for occupancy as a single-family
dwelling into a structure with more than one (1) dwelling.
Boarding Houses, Clubs and Lodging Houses.
Mini-warehouses, subject to the standards of Section 107-44.G.
Nursing homes, as set forth in Section 175-107.

Parking Structures.
Structures with a height between forty-five (45) feet and seventy (70) feet, and any residential
structure not in conformance with the height limitation of Section 175-41.
Structures with a gross floor area of fifty thousand (50,000) square feet or more.
Townhouse-style commercial development, where the intent is to divide the property into
individual lots.
C. For the purpose of this section, "retail stores" are defined as buildings for the display and
sale of merchandise at retail or for the rendering of personal services, but specifically
exclusive of coal, wood and oil and lumberyards, accessory uses, adult bookstores (stores
engaged in the sale of magazines and other publications of sexually-oriented nature),
massage parlors and stores engaged in the sale of sexual aids, devices and merchandise.

175-47 - USES PERMITTED BY RIGHT (C-2)
A. Subject to the standards and requirements set forth in this Chapter, except as prohibited or
restricted by separate restrictions of record that may pertain to property within the C-2
District, the following uses of land and buildings are permitted by-right in the C-2 District:
RESIDENTIAL:
Conversion of existing residential and/or commercial structures into buildings with a greater
number of dwelling units.
Single-family and two-family dwellings.
COMMERCIAL:
Assembly Halls.
Bakeries, when products are sold as retail on the premises.
Banks, branch banks, and financial institutions.
Barber and beauty shops.
Bed and Breakfasts.
Catering Services.
Department Stores, fifteen thousand (15,000) square feet or less.
Drugstores.

Florist shops/floral designers.
Funeral homes.
Furniture stores.
Grocery stores, fifteen thousand (15,000) square feet or less.
Hardware stores.
Laundries, Laundromats, and dry cleaners.
Motels, hotels, and tourist homes.
Newspaper and other printing establishments.
Personal Services.
Pet Shops, without boarding kennel.
Retail Stores, as defined in Section 175-47.B.
Professional and Business Offices.
Radio and television broadcasting stations, studios or offices.
Recreational Facility, Commercial.
Restaurants, excluding drive-in restaurants.
Technology business, as defined in Section 175-3, provided that such use does not involve
broadcast or communications towers or manufacturing operations.
Theatres, Indoor.
Wearing-apparel stores.
INDUSTRIAL:
ORGANIZATIONAL:
Art galleries and museums.
Churches, excluding churches with ground level frontage on E. Main Street.
Public libraries.
MISCELLANEOUS:
Accessory uses, structures and buildings.

Clubs.
Home occupations.
Open space.
Outdoor Dining Area, in accordance with 175-118.
Public event, see Chapter 72 for additional permitting requirements for entertainment
festivals.
Public facilities.
Public parks and playgrounds.
Public utilities.
Signs, as set forth in Section 175-106.
Special childcare services.
Such other uses as determined similar to one (1) or more enumerated uses by the Zoning
Administrator.
B. For the purpose of this section, "retail stores" are defined as buildings for the display and
sale of merchandise at retail or for the rendering of personal services, but specifically
exclusive of coal, wood and oil and lumberyards, accessory uses, adult bookstores (stores
engaged in the sale of magazines and other publications of a sexually-oriented nature), and
stores engaged in the sale of sexual aids, devices and merchandise.

§ 175-118 PERFORMANCE STANDARDS FOR OUTDOOR DINING
Outdoor dining areas shall be permitted by-right as an accessory use to any lawful restaurant,
cafe, or food establishment in the C-1, C-2, and applicable mixed-use zoning districts, subject to
compliance with the following standards:
A. The outdoor seating footprint cannot exceed 50% of the restaurant's indoor dining floor
area.
B. Seating must not block building exits, emergency escape routes, or fire equipment.
C. Establishments must follow the Virginia Construction Code requirements. At least one
outdoor table must be fully accessible to individuals with disabilities.

D. Operators must use planters, ropes, or removable railings to cleanly separate the dining area
from nearby pedestrian or vehicle traffic.
E. Outdoor seating may only operate during the establishment's normal indoor business hours.
F. Amplified music or loudspeakers are prohibited in outdoor spaces unless a separate permit
is issued, and all operations must meet Chapter 106 (Noise) limits.
G. Establishments must keep the area clean, free of litter, and provide adequate trash
receptacles.

175-118 119—175-122 - RESERVED

COUNCIL REGULAR WORK SESSION
AGENDA STATEMENT

Meeting Date: August 3, 2026

Item# 3A

Agenda Item:
2500345 – An Ordinance Amendment to Town Code §175-3 – Definitions to define Data Centers and
redefine Technology Businesses and Town Code §175-53.10, §175- 55, and §175-65 to
prohibit data centers as a use within the Mixed-Use Campus Development (MCD) District,
the I-1, Limited Industrial District and the I-2, Industrial Employment District.
Summary:
The Town's consideration of data center regulations has spanned more than a year and has included
extensive research by Staff into regulatory approaches adopted by other Virginia localities, stakeholder
engagement, and multiple work sessions with the Planning Commission. The initial approach focused on
regulating data centers through a comprehensive Special Use Permit (SUP) process designed to evaluate
and mitigate potential impacts on the community. Following Town Council's direction to obtain an
independent legal review of the proposed ordinance, Council concluded that an SUP framework did not
provide the level of protection it desired. As a result, Town Council adopted a temporary administrative
application moratorium and directed Staff to prepare the zoning text amendment now under
consideration, which would define and prohibit data centers as a land use within the Town.
The proposed amendment would:
• Establish a comprehensive definition of "Data Center";
•

Distinguish Data Centers from Technology Businesses and other computing-related uses; and

•

Prohibit Data Centers within the I-1 Industrial District, I-2 Industrial Employment District, and
Mixed-Use Campus Development District.

Budget/Funding: N/A
Staff Recommendation:
The final legislative decision regarding this amendment rests with Town Council.
Planning and Zoning Staff are on record advising against the prohibition method. Staff cautions that
outright prohibition of an entire industry is a departure from the Towns existing zoning framework and
philosophy. Staff supports defining “data centers”, distinguishing them from “technology Business” and
ultimately supports restrictive regulations via a Special Use Permit. Staff acknowledges this does not align
with Councils desires.
With that said, this prohibition is in direct conflict with the adopted Comprehensive Plan, Staff will
prepare a Comprehensive Plan Amendment if Council choses the prohibition route and take it to
Planning Commission in September.

Town of Front Royal, Virginia
Planning Commission Special Meeting Agenda

Agenda Item: 2500345 Zoning Text Amendment – Data Center Prohibition
Meeting Date: July 29, 2026
Draft Proposed Motion 1, Approval
Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the
governing body may amend, supplement, or change the regulations, district boundaries, or
classifications of property by ordinance.
Therefore, I move that Planning Commission forward a recommendation to the Town Council to
approve the proposed amendments to Chapter 175 of the Town Code, including the definition of
"Data Center," the definition of "Technology Business," and the associated zoning text amendments
prohibiting Data Centers, as presented per the request and direction of Town Council.
Draft Proposed Motion 2, Denial
Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the
governing body may amend, supplement, or change the regulations, district boundaries, or
classifications of property by ordinance.
Therefore, I move that the Planning Commission forward a recommendation to the Town Council to
deny the proposed amendments to Chapter 175 of the Town Code, including the proposed
definitions and the associated zoning text amendments prohibiting Data Centers.
Draft Proposed Motion 3, Hybrid
Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the
governing body may amend, supplement, or change the regulations, district boundaries, or
classifications of property by ordinance.
Therefore, I move that the Planning Commission recommend that the Town Council approve the
proposed amendments to Chapter 175-3 establishing the definitions of "Data Center" and
"Technology Business," but recommend denial of the proposed zoning text amendments prohibiting
Data Centers within the I-1 Industrial District, I-2 Industrial Employment District, and Mixed-Use Campus
Development District.
This recommendation is based on the Commission's finding that adoption of the proposed definitions
is necessary to clearly identify and regulate the use within the Zoning Ordinance, while the proposed
prohibition is inconsistent with the Town's current Comprehensive Plan, which contemplates the
evaluation and mitigation of Data Center development rather than its outright prohibition.
These are only suggested motions, Planning Commission may put forth alternate motions

Planning Commission Action:
Moved
Marshner

Seconded
Marrazzo

Neel

Brooks

Fedoryka

TOWN OF FRONT ROYAL
DEPARTMENT OF PLANNING & ZONING
PLANNING COMMISSION SPECIAL MEETING
JULY 29, 2026
STAFF REPORT
2500345 -Zoning Text Amendment – Data Center Prohibition

Summary
The purpose of this report is to provide the Planning Commission with the legislative history of
the Town's consideration of Data Center regulations, summarize the proposed zoning text
amendment, evaluate the proposal using accepted land use planning principles, and present
Staff's professional recommendations.
The Town's consideration of Data Center regulations has been ongoing for more than one
year. During that time, the Planning Commission and Staff conducted extensive research,
drafted comprehensive regulations, met with stakeholders, held multiple Planning Commission
work sessions, conducted public hearings, responded to Town Council direction, participated
in an independent legal review, and prepared subsequent revisions to the proposed
ordinance. As a result of the extensive legislative history associated with this amendment, Staff
believes it is important to document the process and provide the Planning Commission with a
complete understanding of the actions and decisions that have resulted in the ordinance now
before the Commission.

Legislative History
Spring–Summer 2025 – Initial Research and Ordinance Development
Town Council directed Staff to research the land use impacts associated with these facilities
and develop zoning regulations appropriate for the Town of Front Royal to regulate Data
Centers specifically in the I-2 district.
Staff conducted extensive research of ordinances adopted by numerous Virginia localities,
including communities that have experienced significant Data Center development i.e.
Prince William, Loudoun, and Fairfax. Staff and the Planning Commission also evaluated
industry standards, utility requirements, environmental considerations, and emerging planning
practices.

Page 1 of 6

Recognizing both the economic development opportunities and the potential impacts
associated with Data Centers, Staff and the Planning Commission prepared a comprehensive
zoning ordinance intended to regulate and restrict Data Centers via the Special Use Permit
process rather than permit them by right.
The proposed ordinance limited Data Centers to the I-2 Industrial Employment District and
required applicants to submit detailed 1) Utility Impact Analyses, 2) Physical Impact Analyses,
and 3) Environmental Impact Analyses all of which addresses electrical demand, water
consumption, traffic, noise, heat generation, environmental impacts, visual impacts,
sustainability, infrastructure capacity, and long-term monitoring prior to any approval. It is
staff’s professional opinion that the proposed ordinance was one of the most restrictive within
the State and would effectively mitigate any potential impacts to the community.

September 17, 2025
The Planning Commission conducted a public hearing on the proposed ordinance.
Following public testimony and discussion, the Planning Commission recommended approval
of the ordinance defining Data Centers and permitting by Special Use Permit within the I-2
Industrial Employment District subject to comprehensive performance standards and impact
analyses.

October 2025
Rather than taking immediate legislative action, the Town Council requested that the
proposed ordinance be reviewed by outside legal counsel to evaluate its legal sufficiency
and regulatory approach.

Spring–Summer 2026
Following the legal review, Town Council revisited the proposed ordinance and expressed
concerns regarding the potential impacts associated with Data Centers, including:
•

Electrical infrastructure demands;

•

Water consumption;

•

Environmental impacts;

•

Noise;

•

Community character;
Page 2 of 6

•

Long-term utility capacity; and

•

Fiscal impacts.

After a properly advertised public hearing, Town Council concluded that the previously
proposed Special Use Permit regulations, in their opinion, did not provide the level of
protection it desired and directed Staff to prepare an alternative zoning text amendment
prohibiting Data Centers within the Town.
Council also adopted a temporary moratorium on accepting Data Center applications while
the proposed ordinance was under consideration. This resolution was administrative and
charged staff with compliance and implementation.

Proposed Amendment Defining and Prohibiting Data Centers
The proposed amendment would:
•

Establish a comprehensive definition of "Data Center";

•

Distinguish Data Centers from Technology Businesses and other computing-related uses;
and

•

Prohibit Data Centers within the I-1 Industrial District, I-2 Industrial Employment District,
and Mixed-Use Campus Development District.

As proposed, no zoning district within the Town would permit the establishment of a new Data
Center. Unlike the ordinance previously recommended by the Planning Commission, which
proposed regulating Data Centers through the Special Use Permit process in the I-2 Industrial
Employment District, the proposed amendment removes the use from all zoning districts and
does not provide a mechanism for case-by-case review or approval. Under this framework,
there is no instance where a data center use could be appropriate within Town limits.

Consistency with Comprehensive Plan
The Town's Comprehensive Plan serves as the Town's long-range policy document and
establishes the policy framework for future amendments to the Zoning Ordinance. The Plan
provides that the Zoning Ordinance should implement the goals, objectives, and policies of
the Comprehensive Plan and that consistency between these documents is necessary to carry
out the Town's long-range vision. (Comprehensive Plan, p. 11).
Staff has evaluated the proposed zoning text amendment for consistency with the adopted
Comprehensive Plan. While the Comprehensive Plan recognizes that Data Centers present
unique land use considerations, it does not recommend prohibiting the use throughout the
Town. Instead, the Development Policies chapter specifically states:
Page 3 of 6

"Data center development should be evaluated carefully to mitigate all impacts on adjacent
properties including, but not limited to: noise, views, and stormwater runoff." (Comprehensive
Plan, p. 135).
This policy reflects a planning approach focused on evaluating potential impacts and
mitigating those impacts through appropriate land use regulations rather than categorically
prohibiting the use.
The Comprehensive Plan further identifies Data Centers as an appropriate use within the
Mixed-Use Industrial Future Land Use category, alongside other employment-generating
industrial and commercial uses. (Comprehensive Plan, p. 142).
The proposed zoning text amendment would prohibit the establishment of new Data Centers
in every zoning district and eliminate the Town's ability to evaluate future proposals on a caseby-case basis. In Staff's opinion, this represents a significant change in policy direction from the
Comprehensive Plan, which anticipates that Data Centers may be appropriate in certain
locations provided their impacts are carefully evaluated and mitigated through the
development review process.
Additionally, the Comprehensive Plan's Implementation Matrix reiterates the policy that Data
Center development should be carefully evaluated and impacts mitigated, further
demonstrating the Town's adopted policy of regulation rather than prohibition.
(Comprehensive Plan, pp. 213–215).
Staff finds that the proposed zoning text amendment is inconsistent with the Town's current
Comprehensive Plan. Should the Town Council determine that a town-wide prohibition of
Data Centers is the preferred legislative policy, Staff recommends that the Comprehensive
Plan also be amended to reflect that policy direction. Doing so would maintain consistency
between the Town's adopted long-range planning policies and the implementing provisions
of the Zoning Ordinance, while providing clear guidance to future Planning Commissions,
Town Councils, property owners, and prospective applicants. (Comprehensive Plan, p. 11)

Professional Planning Analysis, Opinion & Recommendation
As Planning Director and Zoning Administrator, it is my responsibility to provide independent
professional planning advice based on sound planning principles, the Town's Comprehensive
Plan, and the Town's Zoning Ordinance.
I recognize and appreciate the Town Council's desire to protect the citizens of Front Royal and
ensure that future development is compatible with the community. Concerns regarding
infrastructure capacity, water demand, environmental impacts, noise, traffic, and
compatibility are legitimate planning considerations that should be carefully evaluated
whenever new land uses are proposed.
Page 4 of 6

After reviewing the proposed amendment and the Town's existing regulatory framework, I do
not believe that an outright prohibition of Data Centers is the most appropriate planning
approach. The Special Use Permit ordinance previously recommended by the Planning
Commission was specifically drafted to provide the Town with broad authority to require
detailed technical studies, impose enforceable conditions, and deny applications that could
not adequately protect the public’s health, safety, and welfare. In my opinion, that approach
provides the Town with the greatest control over future development rather than a blanket
prohibition.
I also find that the proposed prohibition is inconsistent with the Town's broader zoning
philosophy. The Zoning Ordinance allows several intensive industrial and utility-related land
uses to be considered through the Special Use Permit process rather than prohibiting them
outright. Those uses are evaluated on their individual merits and may be approved, approved
with conditions, or denied based on their impacts and compliance with the Ordinance. I
believe Data Centers should be evaluated using the same planning framework unless there is
a clear land use basis for treating them differently.
As discussed in the preceding section of this report, the proposed prohibition is also inconsistent
with the Town's adopted Comprehensive Plan. The Comprehensive Plan contemplates the
careful evaluation and mitigation of Data Center impacts and identifies Data Centers as an
appropriate use within the Mixed-Use Industrial Future Land Use designation. The proposed
amendment represents a significant departure in the Town's adopted policy direction.
While Virginia law authorizes localities to prohibit land uses through zoning, legal authority
alone does not establish good planning practice. As Planning Director and Zoning
Administrator, my responsibility is to provide my independent professional opinion. Based on
my review of the Comprehensive Plan, the Town's existing zoning framework, and accepted
planning principles, I cannot recommend the proposed prohibition.
Accordingly, I recommend approval of the proposed definitions of "Data Center" and
"Technology Business," but recommend denial of the proposed zoning text amendments
prohibiting Data Centers. In my professional judgment, a strengthened Special Use Permit
process provides the Town with a highly defensible approach to protecting the public health,
safety, and welfare while remaining consistent with the Town's adopted Comprehensive Plan.

Staff Recommendation
Staff recommends that the Planning Commission recommend approval of the definitions since
the jurisdiction cannot regulate or prohibit what it does not define. However, staff
recommends the denial of the proposed zoning text amendment prohibiting Data Centers
within in the I-1, I-2, and MCD districts. Furthermore, if Town Council moves forward with the
Page 5 of 6

prohibition, Staff will bring a Comprehensive Plan amendment to the Planning Commission
within the next month to align the Plan to the Code.
This recommendation is based solely on my professional planning judgment and is intended
to assist the Planning Commission in fulfilling its advisory role. The final legislative decision
regarding this amendment rests with the Town Council.

Page 6 of 6

AN ORDINANCE AMENDMENT TO TOWN CODE §175-3 – DEFINITIONS TO DEFINE
DATA CENTERS AND REDEFINE TECHNOLOGY BUSINESSES AND TOWN CODE §17553.10, §175-55, AND §175-65 TO PROHIBIT DATA CENTERS AS A USE WITHIN THE
MIXED-USE CAMPUS DEVELOPMENT (MCD) DISTRICT, THE I-1, LIMITED INDUSTRIAL
DISTRICT AND THE I-2, INDUSTRIAL EMPLOYMENT DISTRICT.

175-3 DEFINITIONS
For the purpose of this chapter, certain words and terms are herein defined as follows:
ACCESS - A public or private right-of-way providing the ability to enter, approach or pass to and
from an area to another area.
ACCESSORY BUILDING/ACCESSORY STRUCTURE - A building or structure that is subordinate to,
and located on the same lot as the principal permitted use of the property, of which, the
accessory building or accessory structure is used for purposes that are clearly incidental to that
of the principal permitted use of the property, and which is not attached by any part of a
common wall or roof to the main building, or buildings, if any. An accessory building shall not
exceed the height of the main building(s) located on the property; shall not be located within a
required yard area that abuts a public road; and shall not be permitted where no main building
exists on the property, except in the following: (i) temporary buildings or structures permitted
under this chapter, (ii) accessory buildings without utilities that are used for storage purposes
and do not exceed two hundred fifty-six (256) square feet, and (iii) buildings, such as barns and
silos, used for agricultural purposes.
ACCESSORY USE - A use of a building, lot or portion thereof which is customarily incidental and
subordinate to the principal permitted use of the main building or lot. Accessory uses shall
include the use of accessory buildings as a separate accessory dwelling unit, provided that the
lot is at least twelve thousand (12,000) square feet in size, the accessory building complies with
the minimum setback and yard area requirements that are required for main buildings within
the applicable zoning district, no more than one (1) accessory dwelling is located on the
property, and the accessory dwelling unit does not utilize more than five hundred (500) square
feet. Urban agriculture is considered an accessory use when the requirements of Section 175110.5 are complied with.
ADMINISTRATOR, THE - The official charged with the administration and enforcement of the
Zoning Ordinance.

AFFILATED ENTITIES - Entities that are commonly owned or controlled, directly or indirectly, by
the same person or group of persons holding a controlling ownership interest. The term also
includes entities that operate the facility pursuant to a common operating or management
agreement. It does not include unrelated tenants that share a building or parcel absent such
ownership, control, or agreement.
AGRICULTURE/AGRICULTURAL PURSUITS - The tilling of soil, the raising of crops, horticulture,
aquaculture, hydroponics, forestry, gardening, apiculture, livestock and fowl keeping and
breeding, farm wineries, roadside stands, tenant houses necessary for the operation of a farm,
and the production of natural products with resources primarily derived from the land upon
which it is produced. Yard maintenance, landscaping, noncommercial gardening and other
customary incidental accessory uses shall not be deemed as "agriculture." Where agricultural
uses are permitted under Chapter 175 of the Town Code, the provisions of Section 665 pertaining to slaughtering of stock shall not apply, provided that this exemption only applies
to small scale slaughtering activities on a farm, and does not apply to slaughterhouses.
AGRICULTURE, URBAN (Urban Agriculture) - An umbrella term that describes a range of food
growing practices conducted as an accessory use that may include the raising of crops,
horticulture, aquaculture, hydroponics, forestry, gardening, apiculture, and both livestock and
fowl keeping, subject to compliance with the regulations of Section 175-110.5.
ALLEY - A public right-of-way which affords only a secondary means of vehicular access to the
side or rear of property.
ALL-WEATHER SURFACE - Crushed rock, gravel or similar surface shall constitute an all-weather
surface.
AMENDMENT - A change in the Zoning Ordinance and/or Zoning Map granted by the Town
Council after review and comment by the Town Planning Commission.
APARTMENT DEVELOPMENT - A property that includes more than one (1) apartment house.
APARTMENT HOUSE - A multifamily structure originally intended, arranged or designed to be
occupied by three (3) or more families, each in an individual dwelling unit and living
independently of each other. The number of families in permanent residence shall not exceed
the number of dwelling units provided. Entranceways through the structure to the units may be
either common or separate, and each lot on which the building is located shall be held in single
ownership, even though individual units may be sold in accordance with this chapter. Such term
shall not include "row house" or "townhouse." Each apartment unit shall occupy space on not
more than one (1) story in a structure.

ARCHITECT, REGISTERED - A licensed professional architect registered in the Commonwealth of
Virginia by the Department of Professional and Occupational Registration as an architect.
ATTIC - The space between the ceiling beams of the top habitable story and the roof rafters. An
"attic" shall be considered a half-story and shall be included in the calculation of building
height.
AUTOMOBILE GRAVEYARD - See "Junkyard."
AUTOMOBILE PARKING LOT, COMMERCIAL - A lot or portion thereof, other than an automobile
sales lot, held out or used for the storage or parking of six (6) or more motor vehicles for a
consideration, where service or repair facilities are not permitted. Such parking lot shall not be
considered an accessory use; nor shall it be used for the storage of dismantled or wrecked
vehicles, parts thereof or junk.
AUTOMOBILE SALES LOT - A lot arranged, designed or used for the storage and display for sale
of any new or used motor vehicles capable of independent operation or any type of travel
trailer and recreational vehicle, provided that the travel trailer and recreation vehicle is
unoccupied, and where repair work is done wholly enclosed within a building.
AUTOMOBILE SERVICE STATION - A place of business with pumps and underground storage
tanks, having as its purpose the servicing, at retail, of motor vehicles with fuels and lubricants,
and including minor repairs and inspections incidental thereto, but not including a general
repair shop, paint or body shop, machine shop, vulcanizing shop or any operation requiring the
removal or installation of a radiator, engine, cylinder head, crankcase, transmission, differential,
fenders, doors, bumpers, grills, glass or other body parts or anybody repairing or painting. All
repairs shall be conducted within a fully enclosed building.
AUTOMOBILE WRECKING YARD - An area where destroyed, abandoned and obsolete
automobiles are disassembled and where parts of said disassembled automobiles are generally
sold and where the remaining automobile bodies and their components are temporarily stored
until they can be removed or reduced to scrap metal.
BABYSITTING - An activity occurring in any private family home in which nine (9) children or
fewer, including children residing on the premises and/or related by blood or marriage to the
person who maintains the home, are received for care, protection and guidance during any part
of the twenty-four-hour day. A Town business license is required for the care of any children not
related by blood or marriage when such service is provided in a private family home during any
eleven (11) days or more, either consecutive or nonconsecutive days, in any given month.
BASEMENT - A story partly underground and having fifty percent (50%) or more of the total
exterior wall area exposed. It shall not be occupied for residential purposes until

the remainder of the building has been completed. A "basement" shall be counted as a story for
the purpose of height requirements.
BAY WINDOW - A convex window frame and pane(s) that projects outward from a house or
other structure, which may project not more than three feet (3') into any required yard area.
BED AND BREAKFAST HOME - A single-family, owner-occupied dwelling with ten (10) or fewer
guest rooms in which overnight accommodations and breakfast are provided for transient
guests, none of whom remain any more than fourteen (14) consecutive nights. A "bed-andbreakfast home" shall also be known as a "Tourist Home".
BLOCK - The property bound on all sides by one (1) side of a street or a combination of a street
line, railroad right-of-way, unsubdivided land, river, live stream, stream bed or any other barrier
to the continuity of development.
BOARD, THE - The Board of Zoning Appeals of the Town of Front Royal, Virginia.
BOARDINGHOUSE - See "Lodging House."
BREAKPOINT TECHNOLOGY - Means the particular design of a monopole wireless
telecommunication tower, certified by an engineer licensed in the Commonwealth of Virginia,
that devises a specified point of the structure, referred to as the breakpoint, to have stress
concentrated so that the breakpoint is at least five percent (5%) more susceptible to failure than
any other point along the structure, so that in the event of a structural failure, the failure will
occur at the breakpoint rather than at the base plate, anchor bolts, or any other point on the
structure.
BUILDING - A structure having a roof, supported by columns or by walls and intended for the
shelter, housing or enclosure of any person, animal or chattel.
BUILDING COVERAGE, LOT COVERAGE - All areas on a lot which are under a roof or under
projections from buildings.
BUILDING INSPECTOR - An appointed official of the Town of Front Royal, Virginia who is
responsible for certifying building inspections.
BUILDING, MAIN - A building in which the principal use of the lot is conducted.
CARETAKER QUARTERS - A dwelling unit located within a building that is used by a
business enterprise, and is occupied by the owner or an employee of the business. Only one (1)
caretaker quarters shall be permitted per building, and shall not utilize more than twenty
percent (20%) of the ground floor area of the building.

CATERING SERVICES - An establishment that prepares meals or food on premise with
pickup/delivery for consumption off-site.
CELLAR - A portion of a building having less than fifty percent (50%) of the total exterior wall
area exposed. Such a portion of a building shall not be used for habitation. All portions of the
total exterior wall area exposed shall be counted for the purpose of height requirements but
shall not be considered a story.
CEMETERY - Any land or structure used or intended to be used for the interment of
human remains. The sprinkling or interment of ashes on church grounds or their placement in a
columbarium on church property shall not constitute the creation of a cemetery. Cemeteries are
subject to performance standards in Section 175-107.4 and local regulation pursuant to Code of
Virginia §§ 15.2-978, 15.2-1111, and 57-26 and may be for public or private use.
CHURCH - Buildings or structures primarily intended for organized religious services and
associated accessory uses.
CHURCHYARD - an area of land not exceeding two (2) acres, surrounding and located on the
same lot or parcel as a church, which may be used as a cemetery.
CLINIC - An establishment where human patients who are not lodged overnight are admitted for
examination or treatment by physicians or dentists.
COMMISSION, THE - See "Planning Commission."
COMMON OPEN SPACE - An open tract or parcel of land owned in undivided interest, not
devoted to structures but directly related and adjunct to a development, as herein provided.
COMMUNITY CENTER (public) - A structure designed and constructed for public use which
includes a community meeting room, athletic or exercise facilities or similar uses.
COMPUTER INFERENCE (or COMPUTATIONAL INFERENCE) - A computing process in which a
trained model or algorithm applies learned patterns or rules to input data to generate
predictions, classifications, recommendations, or other outputs, typically without modifying the
underlying model parameters. This includes real-time or batch processing operations commonly
associated with artificial intelligence, machine learning deployment, and automated decisionmaking systems.
CONGREGATE LIVING - Residential arrangement where multiple unrelated individuals of nine (9)
or more persons live together in a shared housing environment, typically with some level of
support or shared services. It is regulated separately from single-family homes or traditional
apartment units due to its unique characteristics.

CONVALESCENT HOME - See "Nursing Home."
COVERAGE - See "Building Coverage."
CRITICAL IT LOAD - The maximum electrical demand attributable to information technology and
computing equipment (including servers, storage, and networking hardware), as measured at
the point of utility service entrance, UPS, or power distribution unit dedicated to such
equipment, exclusive of building HVAC, lighting, and other non-computing loads.
DATA CENTER - An industrial use facility, premises, or dedicated portion there of utilized
primarily for the storage, management, processing, hosting, and transmission of digital data and
information. Such facilities typically contain a high density of networked computer servers, data
storage devices, telecommunications equipment, specialized cooling systems, electrical
substations, and emergency backup infrastructure. This definition encompasses any facility
dedicated primarily to commercial data hosting, cloud computing services, artificial intelligence
(AI) training or inference, high-performance computing (HPC), cryptocurrency mining,
blockchain validation, or digital asset verification infrastructure. The term "Data Center" shall
not include standard, incidental server rooms or information technology infrastructure wholly
ancillary, subordinate, and incidental to an otherwise permitted primary business, commercial,
healthcare, or institutional use.
In no event shall server, computing, or data-processing infrastructure with a critical IT load of
500 kilowatts or greater, or infrastructure served by the specialized mechanical or liquid cooling
systems described in threshold (3) below, be deemed ancillary, subordinate, or incidental to any
primary use, unless the facility qualifies for the any exclusion set forth below.
Any facility that meets one or more of the thresholds set forth below shall be classified as a
Data Center regardless of how its operator characterizes its business, and notwithstanding that
the facility or its operator also engages in one or more of the activities enumerated under the
definition of Technology Business. Classification as a Data Center shall be determined by the
physical use and operational characteristics of the facility, and not by the corporate description,
business model, or self-designation of the applicant or operator.
A facility or portion thereof shall be classified as a Data Center if it meets one or more of the
following operational or structural thresholds in support of a primary data processing or hosting
use:
1.

An electrical power demand or allocated capacity (critical IT load) for information
technology and computing equipment of 500 kilowatts or greater, as measured by the
utility service entrance capacity allocated or contracted for IT and computing loads, the
capacity of installed uninterruptible power supply (UPS) or power distribution units

serving computing equipment, or as documented in building permit applications,
electrical engineering drawings, or utility interconnection agreements. A facility shall be
classified as a Data Center if it is designed or permitted to accommodate load, capacity,
or floor area at or above any threshold set forth above, notwithstanding that the actual
load, capacity, or area is below the threshold at the time of application.
2.

Industrial-grade uninterruptible power supply (UPS) systems, backup generators, or
other redundant or standby power infrastructure serving, or provisioned to serve,
computing or data-processing equipment, where the aggregate rated capacity of such
power infrastructure attributable to computing or data processing equipment whether
installed, permitted, designed, or contracted for is 500 kilowatts or greater. This
threshold is satisfied independently of any other threshold and regardless of how the
primary use of the facility is characterized. Power infrastructure serving only life-safety
systems, general building systems, or a primary non-computing commercial, healthcare,
or institutional use shall not be counted toward this threshold. Where a single generator
or UPS plant serves both computing equipment and non-computing building systems,
the capacity attributable to computing equipment shall be the plant's rated capacity
allocated to computing loads as documented in electrical engineering drawings or a load
allocation study.

3.

Specialized mechanical or liquid cooling systems, including but not limited to dedicated
air handlers, cooling towers, chillers, or direct-to-chip or immersion liquid cooling
infrastructures, engineered specifically to maintain operating temperatures for highdensity computing arrays. For purposes of this threshold, any direct-to-chip, immersion,
or other liquid cooling system serving computing or data-processing equipment with a
design heat-rejection capacity of 50 kilowatts or greater qualifies; and any mechanical or
air-cooling system qualifies where its design heat-rejection capacity dedicated to
computing or data-processing equipment is 500 kilowatts or greater; or

4.

A contiguous or aggregate floor area of 5,000 square feet or greater dedicated primarily
to housing computing, processing, or data storage equipment, provided that this
threshold shall not serve as a standalone trigger and shall only apply where the facility
also satisfies at least one of thresholds (1), (2), or (3) above. For purposes of this
threshold, floor area shall be aggregated across all buildings, tenant spaces, lease areas,
and development phases on the subject parcel and on any contiguous or commonly
owned or commonly controlled parcel, without regard to how such area is divided
among tenants, owners, meters, or affiliated entities. Floor area, load, or capacity
attributable to tenants that are not affiliated entities of one another and do not operate
under common ownership or control shall not be aggregated under this threshold solely
by virtue of occupying the same building or parcel.

For purposes of all thresholds set forth above, critical IT load, power capacity, and floor area
shall be measured in the aggregate across the entire facility, the subject parcel, and all

development phases. Such aggregate measurement shall not be reduced or avoided by dividing
the use among multiple buildings, tenant spaces, electric meters, service entrances, or affiliated
entities.
Commercial or industrial facilities utilizing advanced automation, robust power infrastructure,
or localized cooling systems for the manufacturing, processing, sale, or distribution of tangible
goods shall not be construed to be a Data Center. The presence of computerized machinery or
internal IT infrastructure necessary to support primary industrial operations does not constitute
a Data Center, including within fabrication facilities, automated fulfillment and distribution
centers, and similar manufacturing or logistics uses. The term "Data Center" shall not be
construed to include accessory data processing, server closets, or computer operations
integrated within and supporting primary commercial or healthcare uses such as corporate
offices or hospitals, including such infrastructure operated by any business, financial institution,
insurer, retailer, or other commercial or institutional occupant, provided that the computing
capacity is used solely to support that occupant's own internal business operations and no
portion of it is made available to unaffiliated third parties for a fee. This definition shall not
include a computing facility operated by an accredited educational or research institution, or by
a hospital or health system, primarily for its own non-commercial research, instructional, or
clinical purposes, provided that no portion of the facility's computing capacity is made available
to commercial third parties for a fee. The foregoing exclusions shall not apply to any portion of a
facility in which computing infrastructure or capacity is made available to commercial third
parties for fee-based hosting, co-location, or data processing services, which portion shall
remain subject to this definition. Manufacturing and industrial exclusions shall not be construed
to apply to cryptocurrency mining, blockchain transaction validation, or digital asset verification
operations, regardless of whether the operator characterizes such activity as a manufacturing,
industrial, or production use.
DAYCARE - The provision of care, protection and guidance to a group of children separated from
their parents or guardian during a part of the day only.
DENSITY - The number of dwelling units permitted on one (1) acre of land as specified herein.
DESIGNATED SPECIAL CIRCUMSTANCE HOUSING (DSCH) - Residential accommodations that are
specifically utilized to meet the needs of housing for individuals that fall in one (1) of the
following categories; a) Individuals with Developmental Disabilities; b) Veteran's Housing; c)
Emergency Family Housing; d) Shelter for Domestic Abuse Victims; e) Shelter for At-Risk
Children.
DEVELOPMENT - The process of erecting or causing to be erected buildings or structures on a
lot.

DISTRICT - A portion of the Town of Front Royal within which, on a uniform basis, only certain
uses of land and buildings are permitted as set forth in this chapter and within which certain lot
areas and other uniform requirements are established.
DOMESTIC PRODUCTS - Processed, cooked, dried or preserved foodstuffs and other agricultural
products meant for human consumption, to include, but not limited to, jellies, pickles, herbs,
smoked meats, baked goods, candies, canned foods, and other prepared edibles.
DRIVE-IN EATING ESTABLISHMENT - Any place or premises used for sale, dispensing or serving
of food, refreshments or beverages in automobiles, including those establishments where
customers may serve themselves and may eat or drink the food, refreshments or beverages in
motor vehicles on the premises; a refreshment stand; a fast-food or primarily a carry-out
establishment.
DRIVEWAY - A space or area providing access specifically designated and reserved on a lot for
the movement of vehicles from one lot to another or from a lot to a public street. "Driveways"
for commercial or industrial properties shall be hard surfaced.
DSCH TEMPORARY HOUSING - One (1) year or less.
DUPLEX - A two-family residential structure, with each unit having its own exterior entrance;
the residential units may be arranged one above the other, or be semidetached.
DWELLING - A building or portion thereof which is used or intended to be used exclusively for
residential purposes and contains one (1) or more dwelling units.
DWELLING, ATTACHED - A dwelling having any portion of each of two (2) walls in common with
adjoining dwellings.
DWELLING, DETACHED - A dwelling which is entirely freestanding on a lot.
DWELLING, MULTIFAMILY - A structure originally arranged or designed to be composed of three
(3) or more dwelling units (an apartment house), with the number of families in residence not
exceeding the number of dwelling units provided.
DWELLING, SEMI-DETACHED - One (1) of two (2) buildings, arranged or designed as
dwellings located on abutting walls without openings, and with each building having a separate
lot with minimum dimensions required by district regulations.
DWELLING, SINGLE-FAMILY - A single residential dwelling unit, other than a mobile home or
manufactured home, designed for occupancy by one (1) family, and not located on the same lot
as another dwelling unit.

DWELLING, TEMPORARY - A residence designed as a portable dwelling but not necessarily
attached to a permanent foundation.
DWELLING, TWO-FAMILY - A residential building containing not more than two (2) dwelling
units, arranged one above the other or side by side, designed for occupancy by not more than
two (2) families.
DWELLING UNITS - One (1) room, or rooms connected together, constituting a separate,
independent housekeeping establishment for owner occupancy or rental or lease on a weekly,
monthly or longer basis and physically separated from any other rooms or dwelling units which
may be in the same structure and containing independent cooking and sleeping facilities and
containing not less than six hundred (600) square feet of residential floor area. Such units shall
meet the requirements of the Building Code of the Town of Front Royal.
EASEMENT - A grant by a property owner of the use of his land by another party for a specific
purpose. The initial property owner in the agreement may be compensated for the use of his
property.
EMERGENCY FAMILY HOUSING - Short-term housing, immediate shelter provided to individuals
or families who are experiencing a crisis or urgent need for a place to stay.
ENGINEER, REGISTERED - A licensed professional engineer registered in the Commonwealth of
Virginia by the Department of Professional and Occupational Registration as an engineer.
FALL ZONE - Means an area around the base of a wireless telecommunication tower required to
be kept clear of buildings, other than those accessory to the wireless telecommunication tower,
for the purpose of containing debris in the event of a tower structural failure. The fall zone is
measured by a circular radius around the wireless telecommunication tower that equals the
structure's height.
FAMILY - An individual or group of individuals related by blood, marriage, adoption or
guardianship. For the purpose of this chapter, the definition of "family" shall include four (4) or
fewer unrelated persons living together as a single housekeeping unit.
FARM PRODUCTS - Ice, wood, charcoal, meats, milk, butter, eggs, poultry, game, vegetables,
fruits or other family supplies of a perishable nature or farm products grown or produced by
them and not purchased by them for sale.
FARMERS' MARKET - A collection of two (2) or more vendors, selling farm or domestic products,
garden produce, or nursery products, ornamental or otherwise, which have been grown or
produced by the vendor offering the same for sale, in an open-air setting or with temporary or
partially enclosed structures.

FAST-FOOD ESTABLISHMENT - See "Drive-in Eating Establishment."
FENCE - An artificially constructed barrier, made of any material, including but not limited to
posts and wire, boards, or masonry intended to prevent escape or intrusion to make a
boundary, or serve as screening.
FLEA MARKET - An assembly of vendors, selling new or used goods in the open air or within
temporary structures, which display and sell their wares on the lands of another for a
consideration.
FLOODPLAIN - Sections of land, adjacent to bodies of water, which are subject to periodic
flooding and inundation as defined or approved by the Department of Housing and Urban
Development and/or the Corps of Army Engineers.
FLOOR AREA OF A BUILDING OR BUILDINGS - The sum of the gross horizontal areas of the
several floors of all buildings on the lot measured from the exterior faces of exterior walls.
"Floor area" shall include the area of basements when used for residential, commercial or
industrial purposes when such are permitted, but shall not include a basement or portion of a
basement used for storage or housing of mechanical or central heating equipment.
FRONTAGE - See "Lot Width."
FUNERAL PARLOR, HOME OR MORTUARY - An establishment used for human funeral services,
which shall include facilities on the premises for embalming and may or may not include
facilities for the performance of autopsies, other surgical procedures or cremation.
GARAGE, COMMUNAL - A garage used for the storage of vehicles for occupants of lots in the
same adjacent block or blocks.
GARAGE, PRIVATE - An accessory building used for the storage of vehicles by the occupants of a
lot on which such building is located.
GARAGE, PUBLIC - An accessory building, portion of a principal building or principal buildings
used only for the storage of four (4) or more vehicles by others than only those occupants of a
lot on which such building is located.
GAS STATION AND GASOLINE SALES - See "Automobile Service Station."
GOVERNING BODY - The Town Council of Front Royal, Virginia.
GOVERNMENT OFFICES AND BUILDINGS - Offices and structures used primarily for conducting
the affairs of government. This definition shall include school maintenance shops and work
areas.
HARD SURFACE - Concrete, blacktop and macadam or a similar surface.

HEALTH OFFICIAL (OFFICER) - The Director of the Warren County Department of Health or his
designated deputy or a representative of the Virginia Department of Health, Warren County.
HEIGHT OF BUILDING - The vertical distance from the established grade of the center of the
front of the building to the highest point of the roof surface of a flat roof, to the deck line for a
mansard roof and to the mean height level between the eaves and ridge for hip, gable and
gambrel roofs.
HIGH-PERFORMANCE COMPUTING (HPC) - A computing use involving networked or clustered
systems performing large-scale, parallel processing of complex computations at levels
substantially exceeding typical business or institutional computing, and characterized by highdensity equipment, significant power demand, and specialized cooling. This definition excludes
routine business IT, office computing, and accessory on-site data processing.
HOME OCCUPATION - An occupation conducted entirely within an enclosed dwelling and clearly
incidental and secondary to the residential occupancy thereof, carried on by a member or
members of the family residing on the premises. All "home occupations" shall meet the
standards in Section 175-108.1.
HOSPITAL - Any institution receiving inpatients and rendering medical, surgical and/or
obstetrical care. This shall include general hospitals and institutions in which service is limited to
special fields, such as cardiac, eye, ear, nose and throat, pediatric, orthopedic, skin and cancer,
mental, tuberculosis, chronic disease and obstetrics. Such terms shall include group homes
serving mentally retarded or other developmentally disabled persons.
HOTEL - A building designed or occupied as the more or less temporary abiding place for
fourteen (14) or more individuals who are, for compensation, lodged with or without meals,
and in which no provision is made for cooking in individual rooms or suites.
INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES - Specialized living arrangements designed
to help individuals with developmental disabilities, individuals with mental illness, or
intellectual disability transition from institutional settings or other environments into more
independent, community-based living situations.
JUNKYARD - Any land or building used for the abandonment, storage, keeping, collecting or
baling of paper, rags, scrap metals, other scrap or discarded materials or for the abandonment,
demolition, dismantling, storage or salvaging of automobiles or other vehicles not in running
condition, machinery or parts thereof. The term "junkyard" shall include the term "automobile
graveyard," which shall be any lot or place which is exposed to the weather upon which more
than three (3) motor vehicles of any kind, incapable of being operated, are placed.

KENNEL - Any place, private or commercial, equipped and/or used to house, board, breed,
handle, train, or otherwise care for five (5) or more dogs six (6) months of age or older.
LAUNDROMAT - A building or part thereof where clothes or other household articles are
washed or dry cleaned in self-service machines with a capacity for washing not exceeding
twenty-five (25) pounds dry weight and where such washed clothes and articles may also be
dried or ironed, and no delivery service is provided in connection therewith.
LAUNDRY - A building, or part thereof, other than a Laundromat, where clothes and other
articles are washed, dried, ironed or dry-cleaned.
LODGING HOUSE - A residential building, other than a hotel, motel or bed-and-breakfast home,
where lodging is provided for compensation on a regular basis, pursuant
to previous arrangements, but which is not open to the public or transient guests. Meals may be
provided to the residents in a central location; however, no provisions shall be made for cooking
in individual rooms or units. The maximum number of rooms or units shall be controlled by the
area requirements of the district in which the use is located, but in no case shall the total
number of lodging rooms or units exceed ten (10). A "Lodging House" shall also be known as a
"Rooming House" or a "Boarding House."
LOT - A parcel of land occupied or to be occupied by a building and its accessory buildings or by
a use and accessory uses, together with such open spaces as are required under the provisions
of this chapter, having at least the minimum area required by this chapter for a lot in the zone in
which such lot is situated and having its principal frontage on a public or private street approved
by the Town.
LOT, CORNER - A lot abutting on two (2) or more streets at their intersection.
LOT COVERAGE - The maximum percent of the lot which may be occupied by buildings or
structures, including accessory buildings or structures.
LOT DEPTH - The average of the horizontal distances between front and rear lines of a lot
measured perpendicular to the street line.
LOT INTERIOR - Any lot other than a corner lot.
LOT OF RECORD - A lot which has been recorded in the office of the Clerk of the Circuit Court.
LOT, THROUGH (DOUBLE FRONTAGE) - A lot, other than a corner lot, which has a frontage on
two (2) streets.
LOT, WIDTH OF - The horizontal distance between the side lines of a lot measured along the
building setback line.

MAIN BUILDING - A building that is used in conjunction with the principal permitted use of the
property.
MANUFACTURE and/or MANUFACTURING - The processing and/or converting of raw,
unfinished materials or products, or either of them, into articles or substances of different
character or for use for a different purpose.
MANUFACTURED BUILDING - A building that is manufactured, typically in a factory, and is built
in accordance with the United States Department of Housing and Urban Development Code,
Manufactured Home Construction and Safety Standards, or other similar federal standards; and
does not meet all local or state building code standards. Modular and pre-fabricated buildings
that are manufactured and constructed in accordance with all local and state building code
standards shall not be considered manufactured buildings.
MANUFACTURED HOME - A residential dwelling built in a factory in accordance with the United
States Department of Housing and Urban Development code and the federal Manufactured
Home Construction and Safety Standards. Modular and pre-fabricated buildings that are
manufactured and constructed in accordance with all local and state building code standards
shall not be considered manufactured buildings.
MANUFACTURING, HEAVY - The use of land where significant external effects are created, and
pose significant risks due to the involvement of explosives, radioactive materials, poisons,
pesticides, herbicides, or other hazardous materials in the manufacturing or other process.
MANUFACTURING, LIGHT - The use of land for processing, manufacturing, compounding,
assembly, packaging, treatment or fabrication of materials and products, from processed or
previously manufactured materials. Light industry is capable of operation in such a manner as to
control the external effects of the manufacturing process, such as smoke, noise, soot, dirt,
vibration, odor, etc. Uses may include, but are not limited to, a machine shop, the
manufacturing of apparel, electrical appliances, electronic equipment, camera and
photographic equipment, ceramic products, cosmetics and toiletries, business machines, paper
products (but not the manufacturing of paper from pulpwood), musical instruments, medical
appliances, tools or hardware, plastic products (but not the processing of raw materials),
pharmaceuticals or optical goods, bicycles, and any other product of a similar nature as
determined by the Director.
MANUFACTURING, MEDIUM - The use of land where goods or energy are generally
mass produced from raw materials on a large scale through use of an assembly line or similar
process, usually for sale to wholesalers or other industrial or manufacturing uses. Medium
industry produces moderate external effects such as smoke, noise, soot, dirt, vibration, odor,
etc.

MINI-STORAGE FACILITY - (also known as MINI-WAREHOUSE) - A self-service storage building,
or group of buildings, consisting of individual, small, self-contained units for the storage of
good, materials or supplies.
MOBILE HOME - A residential dwelling built in a factory before the federal Manufactured Home
Construction and Safety Standards went into effect on June 15, 1976. New or replacement
mobile homes are not permitted within the Town.
MODULAR UNIT - A factory-fabricated transportable building designed to be used by itself or to
be incorporated with similar units at a building site into a modular structure. The term is
intended to apply to major assemblies and does not include prefabricated panels, trusses,
plumbing trees and other prefabricated supplements incorporated into a structure at the site.
Modular units are a permitted construction type when designed to comply with Virginia
Uniform Statewide Building Code, and shall not be considered manufactured homes.
MOTEL - An establishment consisting of a group of living or sleeping accommodations with
bathroom and closet space designed for use by transient automobile tourists; less than fifty
percent (50%) of the living and sleeping accommodations are occupied or designed for
occupancy by persons other than transient automobile tourists.
NONCONFORMING ACTIVITY (USE) - The otherwise legal use of a building, structure or tract of
land that does not conform to the use regulations of this chapter for the district in which it is
located, either at the effective date of this chapter or as a result of subsequent amendments to
the chapter.
NONCONFORMING LOT - An otherwise legally platted lot that does not conform to the
minimum area or width requirements of this chapter for the district in which it is located at the
effective date of this chapter or as a result of subsequent amendments to this chapter.
NONCONFORMING STRUCTURE - An otherwise legal building or structure that does not
conform to the lot area, yard, height, lot coverage or other area regulations of this chapter or is
designed or intended for a use that does not conform to the use regulations of this chapter for
the district in which it is located, either at the effective date of this chapter or as a result of
subsequent amendments to the chapter.
NURSING HOME also known as "EXTENDED-CARE HOME,""REST HOME" or "CONVALESCENT
HOME" - A nursing facility is any place containing beds for two (2) or more patients, established
to render domiciliary and/or nursing care for chronic or convalescent patients and which is
properly licensed by the state.
OFF-STREET PARKING AREA - Space provided for vehicular parking outside a right-of-way.

OPEN SPACE, USABLE LANDSCAPED - That space on the same lot and contiguous to the
principal building or buildings (except as herein noted) which is either landscaped with shrubs,
planted with grass or developed and maintained for recreation, environmental and/or aesthetic
purposes, and excludes that portion of the lot which is utilized for off-street parking purposes.
OUTDOOR DISPLAY - The keeping of products, goods, merchandise, and/or materials, excluding
signs, outside of an enclosed building for the purpose of making it known that similar items or
related services are available for purchase.
OUTDOOR SALES - The retail selling of products, goods, merchandise, and/or materials, outside
of an enclosed building.
OUTDOOR STORAGE - The keeping, without retail sale, of products, goods, merchandise, and/or
materials outside of an enclosed building.
OVERHANG - The part of a roof or wall that extends beyond the façade of a lower wall. No such
construction shall project into any required yard more than three (3) feet and shall be included
in the calculation of lot coverage.
PARKING SPACE - An area of not less than nine (9) feet wide by eighteen (18) feet long for each
automobile or motor vehicle, such space being exclusive of necessary drives, aisle, entrances or
exits and being fully accessible for the storage and parking of vehicles.
PEDDLER - A short-term temporary use of property that is permitted on commercially zoned,
subject to compliance with the provisions of Chapter 98, Section 61, of the Town Code, or as
amended.
PHARMACEUTICAL CENTER - An establishment in which only pharmaceutical services are
provided. Its purpose shall be limited to providing the public and various health professionals
with information and articles intended for use in diagnosis, cure, mitigation, treatment or
prevention of a disease state, including drugs and medical instruments or devices of the type
used under the strict supervision of a physician in the treatment of a specific disease entity. No
articles shall be displayed for sale. The square footage of the "pharmaceutical center" shall be
limited to a maximum of two thousand (2,000) square feet.
PLANNING COMMISSION - The Planning Commission of the Town of Front Royal, Virginia.
PORCH - Any porch, veranda or gallery (as the terms are commonly and customarily defined) or
similar projection from the main wall of a structure, constructed upon the ground, and covered
by a roof, canopy or awning; provided that the term shall not include any carport or other such
improvement designed for and capable of accommodating the parking of a motor vehicle
protected from the elements. An unenclosed porch shall mean a porch with no side enclosure,
other than the side of the structure to which the porch is attached, with no screens or windows.

An unenclosed porch may project into a front or rear yard not to exceed ten feet (10') nor
extend any nearer than fifteen (15') from any front or rear property line. The area of a porch
shall be included in the calculation of lot coverage. A porch shall not be considered an
overhang, nor vice versa.
PORTABLE STORAGE CONTAINERS - A large portable container, other than trailers and
semitrailers, and which are typically referred to as "PODS" or cargo containers that are
transported to a desired location for use as storage of products, goods, merchandise, and/or
materials. Portable storage containers are subject to the provisions of Section 175-109.2.
PRINCIPAL PERMITTED USE - A specific use, or uses, of a lot that are permitted on a particular
lot, based on the regulations of the underlying zoning district, and the main use, or uses, of the
property, as distinguished from an accessory use.
PROFESSIONAL OFFICES - A structure designed for use by a person, or persons, in offering a
service which requires specialized knowledge gained by intensive academic preparation such as
medicine, law, engineering, dentistry, and other like endeavors.
PUBLIC EVENT - Any temporary activity or entertainment festival that accommodates the
assembly of groups or individuals on public property after all required authorizations are
obtained from the local, state and/or federal government(s).
PUBLIC FACILITY - 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 (1) or more of its local governments, political subdivisions
or municipal corporations.
PUBLIC PROPERTY - Property that is owned or operated by a local, state or federal
government.
PUBLIC UTILITY - Any person, firm, corporation, municipal department or board duly authorized
to furnish and furnishing, under federal, state or municipal regulations, to the public electricity,
gas, steam, communications, telegraph, transportation, water or such other services as may be
provided. Where public utilities are permitted under this Chapter, poles, lines, water towers,
reservoirs, water and sewer treatment facilities, booster and relay stations, distribution
transformers, pipes, meters, and other facilities necessary for the provision and maintenance of
public utilities shall be permitted.
RECREATION FACILITY (commercial) - A sports or activity facility which is open to the general
public for a fee. These shall include, but are not limited to, the following: indoor skating rink,
bowling alley, arcade, swimming pool, hard and soft courts, health spa, gymnasium, physical
fitness center, dance studios or similar uses.

RECREATION FACILITY (public) - Facilities and uses sponsored by the Warren County Parks and
Recreation Department and/or the Warren County School Administration and/or other public
entities.
RECREATIONAL VEHICLE also known as a "MOTOR HOME" and "TRAVEL TRAILER" - Every
vehicular-type unit primarily designed as temporary living quarters for recreational, camping,
travel or seasonal use, that either has its own motive power or is mounted in, or is towed by
another vehicle. The basic entities are: travel, fifth wheel trailer, camping trailer and motor
home. The parking and storing of such vehicles is guided by Section 175-100. Such term refers
also to travel trailers.
REPAIR - The replacement of existing work with the same kind of materials for the purpose of
its maintenance, but not including additional work that would affect safety or affect exit way
facilities or a vital element of an elevator, plumbing, gas piping, wiring, ventilating or heating
installation or any work that would be in violation of a provision of the Front Royal Building
Code or any other law governing building construction.
REST HOME - See "Nursing Home."
RESTAURANT - Any building in which, for compensation, food or beverages are dispensed for
consumption on the premises, including, among other establishments, cafes, tearooms,
confectionery shops and refreshment stands.
RESTORATION, BEGINNING OF - After a nonconforming use or structure has been totally or
partially destroyed, includes the clearing of debris within thirty (30) days of destruction and
applying for a permit to rebuild within eighteen (18) months of said destruction.
RETAIL STORES AND SHOP - Buildings for display and sale of merchandise at retail or for the
rendering of personal services, but specifically exclusive of coal, wood, oil and lumberyards, and
accessory uses.
ROADSIDE STAND - The commercial sale of agricultural products that are grown, raised, and/or
crafted on the same premises in conjunction with the use of the property for agriculture, as
defined herein.
ROOMING HOUSE - See "Lodging House."
SCHOOLS - A public school, or a private school certified by the State of Virginia in accordance
with the provisions of Code of Virginia § 22.1-319 et seq., or such educational and training
institutions as are exempt from state certification under the provisions of Code of Virginia §
22.1-320, as amended.

SCREENING - Any device, materials, coniferous or deciduous growth, or combination thereof,
such as plantings, walls, fences, or earthen berms, of sufficient height and density, as
determined by the Zoning Administrator, required to serve as an opaque barrier, to vision, light,
or noise between adjoining properties.
SECTIONAL HOME - A dwelling made of two (2) or more modular units transported to the home
site, put on a foundation and joined to make a single dwelling. Such units shall meet the
requirements of the Building Code of the Town of Front Royal.
SETBACK - The minimum distance by which any building or structure must be separated from
the front lot line.
SHELTER FOR AT-RISK CHILDREN - Shelter for children at risk generally refers to short-term
housing or care provided to children who are in immediate danger or facing circumstances that
put their safety, well-being, or development at risk.
SHELTER FOR DOMESTIC ABUSE VICTIMS - Shelter for domestic abuse victims refers to shortterm, safe housing provided to individuals who are escaping situations of domestic violence or
abuse.
SHOPPING CENTER - Any conglomeration of commercial activities sharing a parcel of land which
is held in single ownership and sharing parking facilities.
SHORT-TERM RENTAL - Means the provision of a room or space that is suitable or intended for
occupancy for dwelling, sleeping, or lodging purposes for a period of fewer than thirty (30)
consecutive days, in exchange for a charge for the occupancy. Any residential use that falls
within the definition of short-term rental as defined in Code of Virginia § 15.2-983, as
amended.
SHORT-TERM RENTAL FACILITY - A building or accessory structure, other than a hotel, motel, or
bed-and-breakfast home, where lodging is provided for compensation on a short-term basis,
and open to the public or transient guests. The maximum number of occupants shall not exceed
ten (10) unless determined appropriate by Town Council.
SIGN - Any display of any letters, words, numerals, figures, devices, emblems, pictures or any
parts or combinations thereof by any means whereby the same are made visible for the
purpose of making anything known, whether such display be made on, attached to or as a part
of a structure, surface or any other thing.
SIGN, AREA OF - The entire area within a circle, triangle, parallelogram or trapezoid enclosing
the extreme limits of writing, reproduction, emblem or any figure of similar character, together
with any frame or other material or color forming an integral part of the display or used to
differentiate the sign from the background against which it is placed, excluding the necessary

supports or uprights on which such sign is placed. On double-faced signs, only one (1) display
face shall be measured in computing total sign area where sign faces are parallel and are at no
point more than two (2) feet from one another.
SIGN, BUSINESS - A sign which directs attention to a business, commodity, service, activity or
product sold, conducted or offered upon the premises where such sign is located.
SIGN, HOME OCCUPATION - A sign not exceeding two (2) square feet (on each side) in an area
directing attention to a product, commodity or service available on the premises, but which
product, commodity or service is clearly a secondary use of the dwelling.
SIGN, IDENTIFICATION - A sign on the premises bearing the name of a subdivision, the name of
a group housing project or of a school, college, park, church or other public or quasi-public
facility or a professional or firm nameplate, but bearing information pertaining only to the
premises on which such sign is located.
SIGN, OUTDOOR ADVERTISING - Any sign of any material and any character whatsoever,
(including erection, construction, posting, painting, printing, tacking, nailing, gluing, sticking,
carving or other fastening, affixing or making visible in any manner), which is placed for outdoor
advertising purposes in any way whatsoever. Such sign is one which is not located on the
premises of the activity, product, commodity or service to which it refers. The term "billboard"
is covered by this definition.
SIGN, TEMPORARY - A sign applying to a seasonal or other brief activity, such as, but not limited
to, summer camps, horse shows, auctions or sale of land.
SPECIAL CHILDCARE SERVICES - One (1) of the following types of daycare: a licensed summer
camp under Code of Virginia § 35.1-1, a public school, a private school not operating as a childcare center outside the scope of regular classes as defined in Code of Virginia § 63.1-195, a
facility operated by a hospital on the hospital premises providing care to the children of
hospital's employees while such employees are engaged in the performance of work for the
hospital, a Sunday School, conducted by a church or religious institution, or a day care facility
operated by a church or religious institution where children are cared for during short periods of
time while the persons responsible for such children are attending religious services, and
babysitting.
SPECIAL USE PERMIT - A permit granted by the Town Council, upon recommendation from the
Planning Commission and after public hearing, for a use permitted by the Council to occupy
land and/or a building erected thereon for a specific purpose not permitted by right, but
permitted in accordance with standards or conditions established in this chapter or by the
Planning Commission and/or Town Council in accordance with procedures established by law.

STOOP - A porch without a roof, cover or overhang, which may project into a front or rear yard
for a distance not exceeding ten (10) feet and into a side yard for a distance not exceeding five
(5) feet.
STORY - That portion of a building other than a cellar or mezzanine, included between the
surface of any floor to the beams of the floor next above it or, if there is not a floor above it,
then the space between the floor and the top of the roof beams; a mezzanine shall be deemed
a full story when it covers more than thirty-three percent (33%) of the area of the story beneath
the mezzanine or if the vertical distance from the floor next below it to the floor next above it is
twenty-four (24) feet or more.
STORY, HALF - A space under a sloping roof which has the line of intersection of roof decking
and wall face not more than three (3) feet above the top floor level, and in which space not
more than two-thirds of the floor area is finished off for use.
STREET; ROAD - A public thoroughfare, except an alley or driveway, which affords vehicular
traffic circulation and principal means of access to abutting property.
STRUCTURAL ALTERATION - Any change in the supporting members of a building or structure,
such as bearing walls, partitions, columns, beams or girders, or any change in the width or
number of exits or any substantial change in the roof.
STRUCTURE - Anything constructed or erected, the use of which requires permanent location
on the ground or attachment to something having a permanent location on the ground.
STRUCTURE, OUTDOOR ADVERTISING - Any structure of any kind or character erected
or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may
be placed, including also outdoor advertising statuary.
STRUCTURE, PRINCIPAL - A structure in which the principal or primary use of the property is
carried out.
SUBDIVISION - The division of a parcel of land into two (2) or more lots or parcels for the
purpose of transfer of ownership or building development. The term includes resubdivision and,
when appropriate to the context of the Front Royal Subdivision Ordinance, shall relate to the
process of subdividing or to the land subdivided.
SURVEYOR, LAND - A licensed professional surveyor registered in the Commonwealth of
Virginia by the Department of Professional and Occupational Registration as a surveyor.
TECHNOLOGY BUSINESS - A non-Data Center business consisting of one (1) or more than one
(1) in combination of the following:

1.

Electronic Information Operations and Providers: Businesses that assist other businesses
to better manage their paper documents by putting them in an electronic database that
can easily be viewed by a larger group of people.

2.

Internet Service Providers: Businesses that provide Internet service to businesses or
residents.

3.

Software Design and Development: Businesses that design software or businesses that
develop the design of specific software.

4.

Computer and Peripheral Sales and Assembly: Businesses that assemble computers or
sell the hardware associated with computers.

5.

Content Developers: Businesses that design and build computer systems.

6.

Internet Based Sales and Services: Businesses whose primary trade is based on the
Internet, be it sales or service provider.

7.

Hardware Design, Manufacture, Assembly, and Development: Businesses that
manufacture, assemble, or develop hardware design for computers.

8.

Telecommunications Based Video Service Providers: Businesses that use videoconferencing or cable connections for employees to telecommute.

9.

Outbound or Inbound Call Centers: Businesses that either market their product through
phone calls or businesses that answer consumer questions.

10. Telecommunications Equipment Manufacturing, Assembly, and Service: Businesses that
build, put together or service telecommunications equipment.
TEMPORARY TRAILERS - A transportable manufactured building, similar to a manufactured
home, but not used for residential purposes.
THEATER, INDOOR - A building designed and/or used primarily for the commercial exhibition of
motion pictures to the general public or used for performance of plays, acts and dramas by
actors and/or actresses.
TOBACCO, SMOKE, OR VAPE SHOP - A business involving the sale of tobacco products, nicotine
vapor products, or alternative nicotine products, as those terms are defined in the Code of
Virginia § 18.2-371.2, or hemp products intended for smoking, as such term defined in Code of
Virginia § 3.2-4112, or any kratom products as regulated by Code of Virginia § 59.1-200, or
paraphernalia, and where any combination of any such products represent twenty-five (25)
percent or more of the store's total inventory or fifteen (15) percent or more of the store's total
display area.

"Paraphernalia" refers to any objects, devices, or equipment that are primarily used
to facilitate or enhance the act of smoking or vaping. This includes but not limited to; cigarette
rolling papers, Cigarette filters, Pipes, Bongs, Hookahs, Vape Pens and E-Cigarettes, Grinders,
Rolling Machines, Screens and Dab Rigs.
TOURIST HOME - See "Bed and Breakfast Home."
TOWNHOUSE - At least three (3) and not more than eight (8) attached dwelling units forming a
continuous structure, each unit being separated by unpierced common or party walls of
masonry construction going through the roof of said unit void of fenestration or means of
ingress or egress from the basement through the roof with individual exterior entrances at
grade and with not more than four (4) abutting "townhouses" or dwelling units having the same
front yard setback; the setback differential shall be at least three (3) feet. Each "townhouse"
unit shall occupy no fewer than two (2) stories in structure.
TRAILER - Every vehicle without motive power designed for carrying property and
passengers wholly on its own structure and for being drawn by a motor vehicle.
TRAVEL TRAILER - Any recreational vehicle.
USE - The purpose or activity for which land or buildings thereon is designed, arranged or
intended or for which it is occupied or maintained and shall include any manner of performance
of such activity with respect to the performance standards of this chapter.
VARIANCE - A relaxation of the terms of the Zoning Ordinance where such "variance" will not be
contrary to the public interest and where, owing to conditions peculiar to the property and not
the result of the action of the applicant, a literal enforcement of the ordinance will work undue
hardships on the property owner; a "variance" is authorized only for height, area and size of a
structure or size of yards and open spaces; establishment or expansion of a use otherwise
prohibited shall not be allowed by "variance," nor shall a "variance" be granted because of the
presence of nonconformities in the zoning division or district or adjoining divisions or districts
nor solely for the economic benefit of the person requesting such "variance."
VETERANS' HOUSING - Living arrangements designed to provide veterans with a safe, stable
environment while they transition from military service to civilian life or while they wait for
more permanent housing solutions.
WIRELESS TELEPHONE TELECOMMUNICATION TOWERS - Facilities for the proviso of personal
wireless services, as defined by 47 U.S.C. Section 332 (Section 704 of the Telecommunications
Act of 1996), including those Federal Communications Commission licensed commercial
wireless telecommunications services such as cellular, personal communications services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), and unlicensed

wireless services and common carrier wireless exchange access services; also referred to
generally as "tower(s)" under Section 175-110.4.
YARD - An open space of a generally uniform width or depth on the same land with a building or
group of buildings, which open space lies between the building or group of buildings and the
nearest lot line and is occupied and unobstructed from the ground upward except as otherwise
provided herein.
YARD, FRONT - A yard extending across the full width of the lot and lying between the adjacent
street right-of-way line and the building setback line.
YARD, REAR - A yard extending across the full width of the lot and lying between the rear
property line of the lot and a line drawn generally parallel thereto, at such distance as specified
in this chapter.
YARD, SIDE - A yard between the side lot line and a line drawn generally parallel thereto, at such
distance as may be specified herein for any district, and extending from the front yard line to
the rear yard line.
ZONING ADMINISTRATOR - See "Administrator."
ZONING MAP - The Official Zoning Map of the Town of Front Royal, Virginia, and all
amendments thereto.
ZONING PERMIT - A permit issued by the Zoning Administrator to the applicant before the
applicant may proceed with any work affected by any provision of this chapter or begin any uses
of land and/or structures as permitted by this chapter.
(Ord. of 8-24-98; Ord. of 6-26-00; Ord. of 1-27-03; Ord. of 2-24-03; Ord of 4-14-03; Ord. of 7-2505; Ord. of 9-26-05; Ord. of 7-24-06; Ord. of 7-28-08; Ord. of 2-28-11; Ord. of 1-9-12; Ord of 312-12; Ord. of 7-23-12; Ord of 1-28-13; Ord. of 3-24-14; Ord. of 6-22-15; Ord. of 11-23-15; Ord.
of 10-10-17; Ord. of 2-28-22; Ord. of 5-1-23; Ord. of 2-24-25(2); Ord. of 9-22-25(1); Ord. of 1124-25(2))

MIXED-USE CAMPUS DEVELOPMENT (MCD) DISTRICT
175-53.10 PERMITTED USES USE REGULATIONS
A. By-Right. Subject to the standards and requirements set forth in this Chapter, except as
prohibited or restricted by separate restrictions of record that may pertain to property within
the MCD District, the following uses of land and buildings are permitted by-right in the MCD
District:

RESIDENTIAL:
Caretaker quarters.
Nursing Homes.
COMMERCIAL:
Appliance stores and repair services.
Assembly Halls.
Automobile and truck sales lots and leasing agencies.
Bakeries.
Barber and beauty shops.
Car washing.
Catering Services.
Department Stores.
Drugstores.
Florist shops/floral designers.
Funeral Homes.
Furniture stores.
Grocery stores.
Hardware stores.
Hospitals.
Laundries, Laundromats and dry cleaners.
Lumber and building supply, with storage under cover.
Machinery sales and services.
Newspaper and other printing establishments.
Personal Services.
Retail Stores.
Pharmaceutical Center.

Professional and Business Offices.
Recreational Facility, Commercial.
Recreational Facility, Public.
Restaurant, except drive-in.
Shopping Center.
Technology Businesses.
Theatres, Indoor.
Veterinary hospitals.
Wearing-apparel stores.
Wireless Telecommunication Facilities.
INDUSTRIAL:
Contractor's offices, display rooms and storage.
Light Manufacturing.
ORGANIZATIONAL:
College or university, without living quarters.
Community Center.
Government Offices and Buildings.
Schools, adult instructional facilities only.
Churches.
Parks and Playgrounds.
Public utilities.
Public events.
Public garage.
Public transportation terminals.
Public facilities.
Commuter Parking Facilities.

Fire and rescue squad stations.
Libraries.
Radio and television broadcasting stations, studios or offices.
Art galleries and museums.
MISCELLANEOUS:
Accessory uses, structures and buildings.
Communal Garage.
Home occupations.
Open Space and Conservation Areas.
Parking lot.
Private Garage.
Signs.
Special childcare services.
B. Special Use Permit. The following uses are permitted within the MCD District only by
approval of a special use permit or where specifically designated on an approved Concept
Plan, except as prohibited or restricted by separate restrictions of record that may pertain to
property within the MCD District:
RESIDENTIAL:
Multi-family.
Single-family attached or detached.
COMMERCIAL:
Automobile Repair.
Day Care and Day Care Facilities.
Motels, hotels, lodging and tourist homes.
Gasoline Sales.
Restaurant, Drive-In.
INDUSTRIAL:

Distribution facilities.
Medium Industrial.
Mini-Storage Facility.
Wholesale and warehouse establishments.
ORGANIZATIONAL:
College or university, with living quarters.
Schools, other than adult instructional facilities.
MISCELLANEOUS:
(Ord. of 6-22-15)
C. Prohibited. The following uses are prohibited within the MCD, Mixed-Use Campus
Development District.
INDUSTRIAL:
Data Centers.

175-55 USES PERMITTED BY RIGHT (I-1) USE REGULATIONS (I-1)
A. By-Right. Subject to the standards and requirements set forth in this Chapter, except as
prohibited or restricted by separate restrictions of record that may pertain to property
within the I-1 District, the following uses of land and buildings are permitted by-right in the
I-1 District:
RESIDENTIAL:
Caretaker quarters.
COMMERCIAL:
Automobile and truck sales lots and leasing agencies, in accordance with Section 175-44.E.
Automobile garage (auto repair).
Automobile service stations (gas stations).
Coal and wood yards, lumberyards and feed/seed stores.
Commuter parking facilities.

Contractor's offices, display rooms and storage.
Furniture stores.
Lumber and building supply.
Veterinary hospitals.
INDUSTRIAL:
Distribution facilities.
Light Manufacturing.
Woodworking and upholstery shop.
Wholesale.
ORGANIZATIONAL:
Laboratory, pharmaceutical and/or medical.
MISCELLANEOUS:
Accessory uses, structures and buildings.
Home occupations.
Open Space.
Public facilities.
Public parks and playgrounds.
Public utilities.
Signs, as set forth in Section 175-106.
Special childcare services.
Such other uses as determined similar to one (1) or more enumerated uses by the Zoning
Administrator.
(Ord. of 4-14-03; Ord. of 7-25-05; Ord. of 6-22-15)

175-56 USES PERMITTED BY SPECIAL PERMIT (I-1)

A.B.

Special Use Permit. The following uses are permitted within the I-1 District only by
approval of a special use permit, except as prohibited or restricted by separate
restrictions of record that may pertain to property within the I-1 District:

RESIDENTIAL:
COMMERCIAL:
Assembly Halls.
Business Offices.
Clubs.
Barber and beauty shops.
Kennels.
Professional Offices.
Recreation facility, commercial.
Restaurant, including drive-in restaurants.
Retail Stores.
Technology Business.
INDUSTRIAL:
Medium Industrial.
ORGANIZATIONAL:
MISCELLANEOUS:
Any use permitted under Section 175-55, or specifically listed above under this subsection,
that proposes to occupy a building or structure that exceeds the height requirements of
Section 175-60, subject to the requirements of Section 175-136. Additional heights
approved by a special use permit shall be required to increase the required setback and yard
area requirements by an equivalent distance from each property line.
Communications Towers and cable television facilities, with wireless telephone (cell phone)
communications tower subject to the supplemental provisions prescribed in Section 175110.4.
Conservation Areas.

Mini-warehouses.
Parking Structures.
(Ord. of 1-27-03; Ord. of 4-14-03; Ord. of 9-26-05; Ord. of 7-28-08; Ord. of 7-23-12; Ord. of 6-2215)
C. Prohibited. The following uses are prohibited with the I-1, Limited Industrial District.
INDUSTRIAL:
Data Centers.
175-56 – (Reserved)

175-65 USE REGULATIONS (I-2)
A. By-Right. Subject to the standards and requirements set forth in this Chapter, except as
prohibited or restricted by separate restrictions of record that may pertain to property
within the I-2 District, the following uses of land and buildings are permitted by-right in the
I-2 District:
RESIDENTIAL:
Caretaker quarters.
COMMERCIAL:
Automobile and truck sales lots and leasing agencies, in accordance with Section 175-44.E.
Automobile garage (auto repair).
Automobile service stations (gas stations).
Business Offices.
Coal and wood yards, lumberyards and feed/seed stores.
Commuter parking facilities.
Contractor's offices, display rooms and storage.
Furniture stores.
Lumber and building supply.
Professional Offices.

Technology Business.
Veterinary hospitals.
INDUSTRIAL:
Distribution facilities.
Light Manufacturing.
Woodworking and upholstery shop.
Wholesale.
ORGANIZATIONAL:
Laboratory, pharmaceutical and/or medical.
Schools.
MISCELLANEOUS:
Accessory uses, structures and buildings.
Home occupations.
Open Space.
Public facilities.
Public parks and playgrounds.
Public utilities.
Signs, as set forth in Section 175-106.
Special childcare services.
Such other uses as determined similar to one (1) or more enumerated uses by the Zoning
Administrator.
B. Special Use Permit. The following uses are permitted within the I-2 District only by approval
of a special use permit, except as prohibited or restricted by separate restrictions of record
that may pertain to property within the I-2 District:
RESIDENTIAL:
COMMERCIAL:
Airport (including heliports).

Assembly Halls.
Barber and beauty shops.
Catering Services.
Clubs.
Daycare and daycare facilities.
Kennels.
Recreation facility, commercial.
Restaurant, including drive-in restaurants.
Retail Stores.
INDUSTRIAL:
Automobile Graveyard.
Hazardous Material Storage.
Heavy Manufacturing.
Medium Manufacturing.
Scrap metal processing.
ORGANIZATIONAL:
MISCELLANEOUS:
Any use permitted under Section 175-65.A, or specifically listed above under this subsection,
that proposes to occupy a building or structure that exceeds the height requirements of
Section 175-67, subject to the requirements of Section 175-136. Additional heights
approved by a special use permit shall be required to increase the required setback and yard
area requirements by an equivalent distance from each property line.
Communications Towers and cable television facilities, with wireless telephone (cell phone)
communications tower subject to the supplemental provisions prescribed in Section 175110.4.
Conservation Areas.
Mini-warehouses.
Parking Structures.

(Ord. of 6-26-00; Ord. of 4-14-03; Ord. of 7-25-05; Ord. of 9-26-05; Ord. of 7-28-08; Ord. of 2-2811; Ord of 6-22-15; Ord. of 3-28-16)
C. Prohibited. The following uses are prohibited within the I-2, Industrial Employment District.
INDUSTRIAL:
Data Centers.

Proposed Data Center
Prohibition Text Explanation

1

What the Data Center Text Amendment Does
• Defines Data Centers as an Industrial Use Facility
• Prohibits them in these Districts:
• I-1
• I-2
• MCD

• Modifies definition of Technology Businesses to exclude Data
Centers
• Adds new definitions needed to support the new Data Center
definition
• HIGH-PERFORMANCE COMPUTING (HPC)
• COMPUTER INFERENCE (or COMPUTATIONAL INFERENCE)
• AFFILATED ENTITIES
• CRITICAL IT LOAD

2

Prohibit Methodology
• Define what counts as a Data Center

• The core definition is deliberately broad and function-based: any facility "utilized
primarily for the storage, management, processing, hosting, and transmission of
digital data," including cloud hosting, AI training/inference, HPC, and
crypto/blockchain infrastructure.
• There are four objective, measurable thresholds, and a facility trips into "Data
Center" status if it meets any one of the first three (the fourth, floor area, can't
trigger alone):

• Power demand ≥ 500 kW of critical IT load measured multiple ways (utility service
entrance, UPS/PDU capacity, permit drawings) so an applicant can't dodge it by
picking a favorable metric.
• Backup/standby power ≥ 500 kW attributable to computing equipment. This closes a
loophole where a facility might claim its generators are "just for the building" rather
than the server load.
• Specialized cooling liquid cooling ≥50 kW heat rejection, or air cooling ≥500 kW
capturing dense compute even if power draw is structured to stay under other
thresholds.
• Floor area ≥ 5,000 sq ft but only as a corroborating factor alongside one of the above,
not standalone (so a big warehouse with modest IT equipment isn't swept in).
3

Prohibit Methodology
• Anti-avoidance / loophole-closing mechanisms
• Self-designation doesn't matter.

• A facility is classified by physical/operational characteristics "regardless of how its
operator characterizes its business" so a company can't reclassify itself as a "Technology
Business" or claim its servers are merely "ancillary" to dodge the definition.

• Design/permitted capacity counts, not just current use.

• A computing facility built to accommodate 500kW+ is a Data Center even if it's currently
running below that threshold, thus closing the "we'll just start small" loophole.

• Anti-fragmentation/aggregation clause

• Load, power, and floor area is aggregated across buildings, meters, tenants, and phases
on the same or commonly-controlled parcels, so an operator can't split a facility into
multiple sub-500kW meters or shell entities to stay under threshold.

• Affiliated Entities is separately defined (common ownership/control or shared
operating agreement) to give the aggregation clause teeth, but it explicitly
excludes unrelated tenants who just happen to share a building, thus preventing
overreach.
• Explicit carve-out reversal for crypto/blockchain

• Manufacturing/Industrial exclusions are expressly stated not to apply to crypto mining or
blockchain validation, even if an operator tries to frame it as an "industrial" or
"production" process.

Prohibit Methodology
• What's explicitly excluded (to avoid sweeping up other industries)

• Ancillary/incidental IT infrastructure supporting a business's own
operations (offices, hospitals, retailers, financial institutions) as long as
capacity isn't sold to third parties for a fee.
• Educational/research institutions and hospitals running their own noncommercial computing, contingent on not monetizing capacity to outside
commercial users.
• Manufacturing, fulfillment, and logistics facilities using automation,
robotics, or internal IT/cooling systems in support of making or moving
physical goods, even sophisticated automated warehouses or fabrication
plants aren't Data Centers just because they have computerized
equipment.
• Partial exclusions are surgical, not blanket: if a hospital or business
carves out a portion of its facility to sell hosting/colocation services
commercially, that portion loses the exclusion and falls back under the
Data Center definition, while the rest of the facility remains excluded.

Conclusion
• The final net effect of the new definition
• The structure is essentially
• Broad conceptual definition + hard numeric thresholds
(power/cooling/area) + anti-fragmentation aggregation + explicit "selfdesignation is irrelevant”
• Language, counterbalanced by narrow, fee-for-service-contingent
exclusions for offices, hospitals, schools, and manufacturers to
protect other industries and prevent abuse by co-hosting
• The drafting is clearly responding to two anticipated evasion strategies
• Companies rebranding a data center as a "technology business" or claiming
servers are merely incidental to another use
• Splitting a large facility across multiple meters/tenants/phases to stay under the
numeric triggers. Both are directly addressed by name.

CLOSED MEETING
AGENDA STATEMENT

Meeting Date: August 3, 2026

Item# 4

MOTION ON TO GO INTO CLOSED MEETING

[to be approved by affirmative recorded vote, with motion set forth in detail in the minutes. Council may take action in open session following closed meeting].

I move that Town Council convene a closed meeting, pursuant to Sections 2.2-3711 and 2.2-3712 of the
Code of Virginia, for the following purposes:
1) pursuant to section 2.2-3711(A)(1) of the Code of Virginia, for the discussion, consideration, or interviews
of prospective candidates for employment; assignment, appointment, promotion, performance, demotion,
salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public
body, more specifically, the Town Attorney;
2) discussion or consideration of the acquisition of real property for a public purpose, or of the disposition
of publicly held real property, where discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body, more specifically, acquisition pursuant to Town
Charter §18 and Virginia Code §15.2-2109.

Motion to Certify Closed Meeting at its Conclusion

[At the conclusion of the Closed Meeting, immediately re-convene in open meeting and take a roll call vote on the following:]

I move that Council certify that to the best of each member's knowledge, as recognized by each Council
member’s affirmative vote, that only such public business matters lawfully exempted from Open Meeting
requirements under the Virginia Freedom of Information Act as were identified in the motion by which the
Closed Meeting was convened were heard, discussed or considered in the Closed Meeting by Council, and
that the vote of each individual member of Council be taken by roll call and recorded and included in the
minutes of the meeting of Town Council.

Moved ____________________ Seconded ____________________
Rappaport _________ DeDomenico-Payne __________ Ingram __________ Wood __________ Sealock __________ Veitenthal __________