075-09Action:
BOARD OF SUPERVISORS: June 24, 2009 El APPROVED Q DENT--FD
RESOLUTION
CHAPTER 165, ZONING, ARTICLE X — BUSINESS AND INDUSTRIAL
ZONING DISTRICTS, SUBSECTION 82 — DISTRICT USE REGULATIONS -
PROV TO ADD BEVERAGES (SIC 208) AS A PER- 1MTTED USE IN TI-1E
MI (LIGHT INDUSTRIAL) DISTRICT.
WHEREAS, the Frederick County Planning Department has been directed to prepare
modifications to Chapter 165, Zoning — for provisions to add Beverages (SIC 208) as a
Permitted Use in the Ml (Light Industrial) District.
WHEREAS, The Development Review and Regulations Subcommittee (DRRS)
recommended approval of this amendment on May 28, 2009; and
WIMREAS, the Planning Commission discussed the draft ordinance on June 17, 2009; and
recommended that a public hearing be held;
WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity,
convenience, general welfare, and good zoning practice, directs the Frederick County
Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning —
for provisions to add Beverages (SIC 208) as a Permitted Use in the Ml (Light Industrial)
District.
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of
Supervisors that the Frederick County Planning Commission shall hold a public hearing to
consider revisions to Chapter 165, Zoning — for provisions to add Beverages (SIC 208)
as a Permitted Use in the M1 (Light Industrial) District.
Passed this 24 day of June, 2009 by the following recorded vote:
This resolution was approved by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Ave
Gary W. Dove Aye Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Ay e
A C®P7
John
Frede ck County Administrator
BOS Reso. #075 -09
COUNTY of FREDERICK
Department of Planning and Development
540/665 -
MEMORANDUM 6395
FAX: 540/ 665 -6395
To: Frederick County Board of Supervisors
From: Candice E. Perkins, AICP, Senior Planner C
Subject: Discussion— Beverages (SIC 208) in the Ml Zoning District
Date: June 18, 2009
Frederick County has received a request to add Standard Industrial Classification (SIC) 208 to
the permitted uses in the Ml (Light Industrial) Zoning District. SIC 208 includes the following
uses:
• Malt Beverages (SIC 2082)
• Malt (SIC 2083)
• Wines, Brandy, and Brandy Spirits (SIC 2084)
• Distilled and Blended Liquors (SIC 2085)
• Bottled and Canned Soft Drinks and Carbonated Waters (SIC 2086)
• Flavoring Extracts and Flavoring Syrups (SIC 2087)
The M1 District currently only allows SIC 2086 and 2087 as permitted uses, and SIC 208 in it's
entirely, is only permitted in the M2 (Industrial General) District. The item was presented to the
Development Review and Regulations Committee (DRRC) at their meeting on May 28, 2009.
The DRRC endorsed the changes and recommended it be sent to the Planning Commission for
discussion. The Planning Commission discussed this item at their meeting on June 17, 2009.
The Planning Commission agreed that portions of SIC 208 may be appropriate but that Malt
Beverages and Malt (SIC 2082 and 2083) should not be permitted in the Ml due to the odor. It
was also expressed that Flavoring Extracts and Flavoring Syrups (SIC 2087) should also be
removed from the M1 permitted uses. The proposed ordinance has been revised to address the
Planning Commission concerns regarding Malt and Malt Beverages and the proposed ordinance
amendment would permit SIC 208, excluding 2082 and 2083, as a permitted use in the Ml
District.
The attached document shows the existing Ordinance with proposed additions shown in bold
italics. This item is presented for discussion. Staff is seeking comments and direction from the
Board of Supervisors on this Zoning Ordinance text amendment; attached is a resolution
directing the item to public hearing should the Board deem it appropriate.
Attachments: 1. Proposed Ordinance Revision ( §165 -82A).
2. Standard Industrial Classification (SIC) Group — 208
3. Resolution
CEP/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601 -5000
Al 217Vi11Y1L1r i 1
E. Ml -Light Industrial District. The intent of this district is to provide for a variety of light manufacturing,
commercial office and heavy commercial uses in well - planned industrial settings. Uses are allowed which
do not create noise, smoke, dust or other hazards. Uses are allowed which do not adversely affect nearby
residential or business areas. Such industrial areas shall be provided with safe and sufficient access.
Standard Industrial
soup mixes
Bakery products 205
Sugar and confectionary products 206
Beverages, 208
excluding the following:
Malt Beverages 2082
Malt 2083
;?eked nd- Canned soft drinks and-ear-benated watef 2086
Fla-ver-ing- e3tfaEts and flaver-ing syr-ups 209
Miscellaneous food preparations and products, 209
excluding the following:
Canned and cured fish and seafood 2091
Fresh or frozen fish and seafood 2092
Textile mill products 22
Apparel or other finished products made from fabrics 23
and similar material
Lumber and wood products, excluding the following:
Classification
Allowed Uses
(SIC)
Landscape and horticultural services
078
Offices and storage facilities for building construction
15, 16 and 17
contractors, heavy construction contractors and
25
special trade contractors
265
Manufacturing as follows:
-
Daity products
202
Canned, frozen and preserved fruits, vegetables and
203
soup mixes
Bakery products 205
Sugar and confectionary products 206
Beverages, 208
excluding the following:
Malt Beverages 2082
Malt 2083
;?eked nd- Canned soft drinks and-ear-benated watef 2086
Fla-ver-ing- e3tfaEts and flaver-ing syr-ups 209
Miscellaneous food preparations and products, 209
excluding the following:
Canned and cured fish and seafood 2091
Fresh or frozen fish and seafood 2092
Textile mill products 22
Apparel or other finished products made from fabrics 23
and similar material
Lumber and wood products, excluding the following:
24
Logging
241
Sawmills and planing mills
242
Wood preserving
2491
Furniture and fixtures
25
Paperboard containers and boxes
265
Converted paper and paperboard products, except
267
containers and boxes
Printing, publishing and allied industries
27
Drugs
283
Rubber and miscellaneous plastics products
30
Concrete block and brick and related products
3271
Fabricated metal products, excluding the following:
34
Coating, engraving and allied services
347
Ordinance and accessories
348
Industrial and commercial machinery and computer
35
equipment
Electronics and other electrical equipment and
36
components, excluding the following:
Storage batteries
3691
Primary batteries
3692
Transportation equipment
37
Measuring, analyzing and controlling instruments;
38
photographic, medical and optical goods, and
watches and clocks
Miscellaneous manufacturing industries
39
Local and suburban transit and interurban highway
41
passenger transportation
42
Motor freight transportation and warehousing
Transportation by air
45
Transportation services
47
48
Communication facilities and offices, including
telephone, telegraph, radio, television and other
communications
Electric, gas and other utility facilities and offices and
49
trucking and warehousing [Amended 8 -24 -20041
Wholesale trade
-
Advertising specialties — wholesale [Added 8 -24 -20041
5199
Restaurants
58
Linen supply [Added 8 -24 -20041
7213
Dry- cleaning plants [Added 8 -24 -20041
7216
Business services
73
Outdoor ad services [Added 8 -24 -20041
7389
Automobile recovery service [Added 8 -24 -20041
7389
Automobile repossession service [Added 8 -24 -20041
7389
Exhibits building of by contractors [Added 8 -24 -20041
7389
Filing of pressure containers (aerosol) [Added 8 -24 -20041
7389
Gas systems contract conversion from manufactured
7389
to natural gas [Added 8 -24 -20041
Produce weighting service [Added 8 -24 -20041
7389
Salvaging of damaged merchandise not engaged in sales
7389
[Added 8 -24 -2004]
Scrap steel cutting [Added 8 -24 -20041
7389
Truck rental and leasing, without drivers [Added 2 -7 -19951
7513
Tire retreading [Added 5 -13 -19921
7534
Welding repair [Added 8 -24 -20041
7692
Agricultural equipment repair [Added 8 -24 -20041
7699
Boiler cleaning and repair [Added 8 -24 -20041
7699
Cesspool cleaning [Added 8 -24 -20041
7699
Coppersmithing [Added 8 -24 -20041
7699
Engine repair [Added 8 -24 -20041
7699
Farm machinery and tractor repair [Added 8 -24 -20041
7699
Industrial truck repair [Added 8 -24 -20041
7699
Machinery cleaning [Added 8 -24 -2004]
7699
Measuring and controlling instrument repair; mechanical
7699
[Added 8 -24 -20041
Meteorological instrument repair [Added 8 -24 -20041
7699
Precision instrument repair [Added 8 -24 -20041
7699
Repair of optical instruments [Added 8 -24 -20041
7699
Repair of service station equipment [Added 8 -24 -20041
7699
Scale repair service [Added 8 -24 -20041
7699
Septic tank cleaning service [Added 8 -24 -20041
7699
80 STANDARD INDUSTRIA CLASSIFICATION
Industry
Group Industry
No. No.
207 FATS AND OILS —Con.
2079 Shortening, Table Oils, Margarine, and Other Edible Fats and Oils, Not
Elsewhere Classified
Establishments primarily engaged in manufacturing shortening, table oils,
margarine, and other edible fats and oils, not elsewhere classified. Establish-
ments primarily engaged in producing corn oil are classified in Industry 2046.
Baling and flying fats (shortening) Oil, vegetable winter stearin
Cottonseed cooking and salad oil Olive oil
Margarine oil, except tors Peanut coo
r including mitation Shorte song and salad oil Marg
ding gs, compound and vegetable
Matgark"atter blend Soybean cooking and salad oil
N u t ..," s ar:r,P Vegetable cooking and salad oils,
M hydrogenate&- edible except corn oil: refined
OB, partially hydrogenated: edible
208 BEVERAGES
2082 Malt Beverages
Establishments primarily engaged in manufacturing malt beverages. Estab-
lishments primarily engaged in bottling purchased malt beverages are classi-
fied in Industry 5181-
.Ale Malt extract, liquors, and syrups
Beer (alcoholic beverage) Near beer
Breweries Porter (alcoholic beverage)
Brewers grain Stout (alcoholic beverage)
Liquor, malt
2083 Malt
Establishments primarily engaged in manufacturing malt or malt byprod-
ucts from barley or other grains.
Malt byproducts Malthouses
Malt barley, rye, wheat, and corn- Sprouts made in malthouses
2084 Wines, Brandy, and Brandy Spirits
Establishments primarily engaged in manufacturing wines, brandy, anc
brandy spirits. This industry also includes bonded wine cellars which are en
gaged in blending urines. Establishments primarily bottling purchased wines
brandy, and brandy spirits, but which do not manufacture wines and brandy
are classified in Wholesale 'Dade, Industry 5182.
Brandy Wine coolers (beverages)
Brandy spirits - Wines
Wme cellars, bonded: engaged in blend-
ing wines
2085 Distilled and Blended Liquors
Establishments primarily engaged in manufacturing alcoholic liquors by dis
tillation, and in manufacturing cordials and alcoholic cocktails by blending
processes or by miffing liquors and other ingredients. Establishments primari
ly engaged in manufacturing industrial alcohol are classed in Industry 2869
and those only bottling purchased liquors are classified in Wholesale Trade
Industry 5182.
Applejack Ethyl alcohol for medicinal and bever
Cocuarlls, alcoholic age purposes
Cordials, alcoholic Gin (alcoholic beverage)
niaStters dried grains and solubles Grain alcohol for medicinal and bever
Eggnog, alcoholic age purposes
to
MANUFACTURING
Industry
Group Industry
No. No.
208 BETERAGES —Con_
2085 Distilled and Blended Liquors —Con.
Uparx d u411ed and blended — except
brandy
Rican
SP=trs n®tral, exxePt fruit —for bever-
2ge PEWPOSM
vodka
whiskey-. bourbon, rye, scotch type, and
corn
2086 Bottled and Canned Soft Drinks and Carbonated Waters
Establishments primarily engaged in manufacturing soft drinks and carbon-
ated waters - Establishments primarily engaged in manufacturing fruit and
vegetable juices are classified in Industry Group 203; those manufacturing
fruit syrups for flavoring are classified in Industry 2087; and those manufac-
turing nonalcoholic cider are classified in Industry 2099. Establishments pri-
marily engaged in bottling natural spring waters are classified in Wholesale
Trade, Industry 5149.
Beer, birch and root bottled or canned T prno nade: bottled. canned, or fresh
Carbonated beverages, noualwholic
bottled or canned Mineral water, carbonated. bottled or
canned
Ginger Emit ale, Lo bottled, canned or fresh soft drinks, bottled or canned
Giger bottled or canned Tea, iced: bottled or canned
Iced tea bottled or canned Water. Pasteurized_ bottled or canned
2087 Flavoring Extracts and Flavoring Syrups, Not Elsewhere Classified
Establishments primarily engaged in manufacturing flavoring extracts,
syrups, powders, and related products, not elsewhere classified, for soda foun-
tain use er for the manufacture of soft drinks, and colors for bakers' and con-
fectioners' use. Establishments primarily engaged in manufacturing chocolate
syrup are classified in Industry 2066.
Beverage bases
Bitters (flavo concentrates) Flavoring concentrates
Burnt sugar (food color) Flavoring extracts, pastes, powders,
C - 1da;l ma zes, nonalcoholic and syrups
Collee flavorings and syrups Food colorings, except synthetic
Colors far bakers' and confectioners' Food glace. for glzang foods
use, except synthetic
Fruit juices. concentrated- for fountain
Cordkds, nunalcoholic use
Drink powders and concentrates Fruits, crushed: for soda fountain use
209 MIS FOOD PREPARATIONS AND KINDRED PRODUCTS
2091 Canned and Cured Fish and Seafoods
Establishments primarily engaged in cooking and canning fish, shrimp, oys-
ters, clams, crabs, and other Seafoods, including soups; and those engaged in
smoking, salting, drying, or otherwise curing fish and other Seafoods for the
trade - Establishments primarily engaged in shucking and packing fresh oys-
ters in nonsealed containers, or in freezing or preparing fresh fish, are classi-
fied in Industry 2092.
Canned fish. crust ^ and mofl
Caviar, canned
Chowders, fish and seafood: canned
Clam bouHlon, broth, chowder, juice:
bottled or canned
Cod Fish: smoked, salted dried, and
pickled
Crab meat, canned and cured
Fmnan haddie ( smoked haddock)
Fish and seafood cakes canned
Fish egg bait, maned
Fish, canned and cured
Fish: cured, dried, pickled, salted end
smoked
Herring. smoked, salted, dried, and
Pickled
Mackerel: smoked, salted, dried, and
pickled
Oysters, canned and cured
Salmon: smoked, salted, dried, canned,
and pickled
Sardines, canned