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August 12 2009 Regular Meeting039 A Regular Meeting of the Frederick County Board of Supervisors was held on Wednesday, August 12, 2009, at 6:30 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice - Chairman Bill M. Ewing; Charles S. DeHaven, Jr.; Gary W. Dove; Gene E. Fisher; Philip A. Lemieux; and Gary A. Lofton. CALL TO ORDER Chairman Shickle called the meeting to order. BOARD RETIRED INTO CLOSED SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board convened in Closed Session pursuant to Code of Virginia, 1950, as Amended, Section 2.2 -3711 A (1) to discuss personnel matters, 2.2 -3711 A (5) to discuss a prospective business or industry, and 2.2 -3711 (A) 7 for consultation with legal counsel regarding actual or probable litigation. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye BOARD RECONVENED INTO REGULAR SESSION Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board came out of closed session and reconvened in open session. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board certified that to the best of each board member's knowledge the Board discussed only matters involving personnel, a prospective business or industry, and legal matters regarding actual or probable litigation, pursuant to Virginia Code Section 2.2.-3711 A (1), (5), and (7). The above motion was approved by the following recorded vote: Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 0401 Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board renewed the employment agreement between the Board of Supervisors of the County of Frederick, Virginia, and John R. Riley, Jr., County Administrator for the period of January 1, 2010 through January 1, 2014. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board authorized the County Administrator and the County Attorney to take such actions as are appropriate, including the retention of outside counsel, the commencement of litigation, and the conduct of any related activities, regarding land use actions involving the Town of Stephens City and, further, to ratify all such actions to date of the County Administrator and the County Attorney with respect to such matters, including having retained outside counsel, commenced litigation matters, and conducted any related activities. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye RECESS Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board recessed the meeting until 7:15 p.m. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 041 Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Reverend Ross Halbersma, New Hope Alliance Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice - Chairman Ewing led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John R. Riley, Jr. advised he had no changes or additions to the agenda. Upon a motion by Supervisor DeHaven, seconded by Supervisor Fisher, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CONSENT AGENDA — APPROVED AS AMENDED Administrator Riley offered the following items for the Board's consideration under the consent agenda: - Correspondence from Registrar — Change in Polling Place Name — Request to Forward to Public Hearing — Tab D; - Parks and Recreation Commission Report— Tab E; - Public Works Committee Report — Tab F; - Discussion — Revisions to County Code, Section 165 -26 for Secondary or Accessory Use Standards — Tab S; - Discussion — Revisions to County Code, Section 165 -27 for Parking Lot Standards — Tab T; - Discussion — Definition of Attached Dwellings — Tab U; - Discussion — New Traditional Neighborhood Design (TND) District — Tab V; - Discussion — Revisions to County Code, Section 144 -18, 19, and 33 for Sidewalks, Pedestrian Walkways and Streetlights — Tab W; and - Road Resolution — Governor's Hill — Armory Access Road — Tab X. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 042 Vice - Chairman Ewing moved to approve the consent agenda as presented. The motion was seconded by Supervisor DeHaven. Supervisor Dove asked that Tab V — New Traditional Neighborhood Design District be pulled from the consent agenda. Supervisor Ewing amended his motion to approve the consent agenda with the exception of Tab V. The motion was seconded by Supervisor DeHaven. The amended motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES - APPROVED Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved the minutes from the July 21, 2009 joint meeting with City Council, as corrected. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the minutes from the July 22, 2009 regular meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye Upon a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board approved Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 043 the minutes from the July 27, 2009 joint work session with the Planning Commission, as corrected. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye COUNTY OFFICIALS COMMITTEE APPOINTMENTS APPOINTMENT OF DAN WALL AS BACK CREEK DISTRICT REPRESENTATIVE TO THE INDUSTRIAL DEVELOPMENT AUTHORITY - APPROVED Upon a motion by Supervisor Lofton, seconded by Supervisor Lemieux, the Board appointed Dan Wall to fill the unexpired term of Robert Rind as Back Creek District representative to the Industrial Development Authority, said term to expire November 10, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye REAPPOINTMENT OF ERIC LAWRENCE AS PRIMARY AND KRIS C. TIERNEY AS ALTERNATE TO THE NORTHERN SHENANDOAH VALLEY REGIONAL COMMISSION - APPROVED Upon a motion by Supervisor DeHaven, seconded by Supervisor Lofton, the Board reappointed Eric Lawrence, primary, and Kris C. Tierney, alternate, as Frederick County representatives to the Northern Shenandoah Valley Regional Commission. This is a three year appointment, said term to expire September 30, 2012. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye REAPPOINTMENT OF JUNE M. WILMOT AS PLANNING COMMISSION MEMBER -AT -LARGE - APPROVED Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 0441 Upon a motion by Supervisor Fisher, seconded by Supervisor DeHaven, the Board reappointed June M. Wilmot as Planning Commission member -at- large. This is a four year appointment, said term to expire November 14, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye REAPPOINTMENT OF ROBERT GROGG AS FREDERICK COUNTY REPRESENTATIVE TO THE HANDLEY REGIONAL LIBRARY BOARD - APPROVED Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Dove, the Board reappointed Robert Grogg as Frederick County Representative to the Handley Regional Library Board. This is a four year appointment, said term to expire November 30, 2013. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye REQUEST FROM SCHOOL FINANCE DIRECTOR FOR SUPPLEMENTAL APPROPRIATION TO FY 2009 FY 2010 ARMSTRONG FOUNDATION SCHOLARSHIP FUND IN THE AMOUNT OF $15,000 - APPROVED Administrator Riley advised the school finance director is requesting approval for a supplemental appropriation to FY 2009 and FY 2010 Armstrong Foundation Scholarship Fund in the amount of $15,000, which represents fund activity for these reporting periods. No local dollars are requested or necessary He went on to say the School Board has a fiduciary responsibility for the Armstrong Foundation Scholarship Fund; therefore, the posting and reporting of the proceeds and distributions need to be reflected on the general ledger. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board approved the above request by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 045 Gary A. Lofton Aye CORRESPONDENCE FROM REGISTRAR — CHANGE IN POLLING PLACE NAME — REQUEST TO FORWARD TO PUBLIC HEARING — APPROVED UNDER CONSENT AGENDA This is a request from the Voter Registrar for the Board to schedule a public hearing to amend Frederick County Code Chapter 7, Elections, Section 7.7 Precincts and Respective Polling Places Enumerated to change the name of the Carpers Valley precinct polling place from Senseny Road Elementary School to Senseny Road School. This item was approved under the consent agenda. COMMITTEE REPORTS PARKS AND RECREATION COMMISSION REPORT — APPROVED UNDER CONSENT AGENDA The Parks and Recreation Commission met on July 21, 2009. Members present were: Charles Sandy, Jr., P. W. Hillyard, III, Patrick Anderson, Gary Longerbeam, Jeffrey Butler, Cheryl Swartz, and Ronald Madagan. Items Requiring Board of Supervisors Action None Submitted for Board Information Only None Standing Committee Reports 1. Dogwood Village Homeowners Association — The Building and Grounds Committee recommended the Board of Supervisors conduct a public hearing on and approve the conveyance of a 30 foot by 20 foot easement for a 15 inch drainage pipe under Landgrant Lane, as Landgrant Lane is part of Sherando Park (PIN 75-A-1 17A), seconded by Mr. Longerbeam, carried unanimously (7 -0). As per the department's easement policy, this request will need to be approved prior to public hearing by the Department of Conservation and Recreation and the County will be compensated 25% of the appraised value. Staff will notify the Board of Supervisors if the Department of Conservation and Recreation approves this easement request. PUBLIC WORKS COMMITTEE REPORT — APPROVED UNDER CONSENT AGENDA The Public Works Committee met on Tuesday, June 28, 2009 at 8:00 a.m. All members were present except Bob Wells. The following items were discussed: ** *Items Requiring Action * ** 1. Carry Forward Requests The public works committee reviewed and endorsed the attached carry forward requests related to projects that were funded and initiated, but not completed during Fiscal Year 2008/2009. Because of the urgency and amount of the landfill request, the committee recommended that this request in the amount of $5,775,000 be submitted directly to the board of supervisors so that a public hearing can be advertised prior to their scheduled meeting on August 12, 2009. The remaining requests associated with the refuse collection and Shawneeland Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 046 budgets will be submitted to the finance committee for their review and action prior to submittal to the board of supervisors. (Attachment 1) ** *Items Not Requiring Action * ** 1. Debris Management Plan Mr. Bob Gardner with SCS Engineers presented the committee with a brief overview of the proposed debris management plan being prepared by his firm for the area served by the regional landfill. The presentation included an outline of what had been completed to date and a description of the importance of each facet of the plan. A draft of the proposed plan should be available on or about August 21, 2009. It should be noted that each jurisdiction included in our regional landfill has been involved in selecting sites that could be used to temporarily store debris resulting from a catastrophic event. 2. Miscellaneous Reports a) Tonnage Report (Attachment 2) b) Recycling Report (Attachment 3) c) Animal Shelter Dog Report (Attachment 4) d) Animal Shelter Cat Report (Attachment 5) 3. Green Advisory Committee Meeting The minutes related to the green advisory committee meeting are included as attachment In Energy efficiency policy recommendations reviewed by the GAC include (1) using the Energy Star rating system to guide procurement, and (2) developing a staff training program rewarding energy efficiency. A motion by Mr. Wagner, seconded by Mr. Ludwig to set a target reduction in electricity use of 6% through behavioral means in 3 years was approved by the GAC. The GAC expressed an interest in working through the details of the policy recommendations in terms of implementation and accountability and recommended that all energy data be monitored. Staff will work with department middle managers to gain detail clarity. PUBLIC SAFETY COMMITTEE REPORT - APPROVED A meeting of the Public Safety Committee was held on Thursday, July 30, 2009 at 9:00 a.m. Committee members present were: Committee Chairman Gary Dove, County Administrator John Riley, Michael Hockman, Fire & Rescue Chief Tim Welsh. Also in attendance were Public Safety Communications Director LeeAnna Pyles, Fire & Rescue Deputy Chief Denny Linaburg, Fire & Rescue Association Vice President Perry Silva, Major Robert Eckman from the Sheriff's Department and Emergency Management Specialist Gail Miller. The following items were discussed: ** *Items Requiring Board Action * ** 1. Fire & Rescue Company ladder trucks (Attachment A) Chief Welsh brought to the committee the issue of retiring the County's first ladder truck (1989 model) that was purchased in 1996. Since that time, 3 other companies have purchased ladder trucks. The yearly cost to maintain ($10,000) and house ($5,000) the truck has become the issue and Chief Welsh inquired about the possible sale of this vehicle. The truck is used minimally and the cost to maintain and house far outweigh its use. Chief Welsh discussed this at the Chiefs' work group and they are all in agreement that this vehicle should be sold. He went on to say there was not need to replace the vehicle. Mr. Riley suggested that we contact other localities in Virginia to see if there is interest in truck, then put it out for bid. It was noted that Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 047 Gainesboro would like some of the equipment off of the truck. If the ladder truck is sold, the County could receive $60,000 and save nearly $15,000 a year in maintenance costs. Mr. Riley recommended the Committee ask the Board to declare the ladder truck surplus property and authorize staff to advertise it for sale under a sealed bid process. The Committee unanimously approved this recommendation. Upon on a motion by Supervisor Dove, seconded by Supervisor Fisher, the Board declared the ladder truck surplus property and authorized staff to advertise it for sale under a sealed bid process. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 2. Proposed City /County merger (Attachment B) LeeAnna Pyles spoke regarding the proposed consolidation of communication centers with the City of Winchester. She referenced a staff meeting held in May between County and City staff. Financially and operationally it is not feasible to move forward with the talks. In part, the City's new system, which is in progress, would not allow interoperability between the City and County. Consolidation would put a halt to any future growth in the County, which is available under current conditions. In a joint letter to Mr. Riley, the Director of Communications, the Fire & Rescue Chief, and the Sheriff see no need to move forward with consolidation. This issue was raised by the City due to a 2013 deadline and their current system requirements. Mr. Riley conveyed that this issues needs to be elevated to the Board and to City Council. He commended the staff to staff interaction and reiterated that it needs to be addressed at the next level. It is recommended a copy of this letter be sent to the Finance Committee and it also be an agenda item for the Joint Finance Committee for further discussion. Chairman Dove recommended creating a committee consisting of himself, LeeAnna Pyles, Winchester Mayor Liz Minor and Erin Elrod, the Director of the City Communications Center, to gather information and see what is in the best interest of the County and City and bring their findings back to the Public Safety Committee for further discussion. Mr. Hockman made a motion to recommend the development of a new committee to study the proposed merger of City and County emergency communications centers. The motion was unanimously approved by the members. Upon a motion by Supervisor Dove, seconded by Supervisor DeHaven, the Board approved the creation of a committee consisting of Supervisor Dove, Emergency Communications Director LeeAnna Pyles, Winchester Mayor Liz Minor, and Erin Elrod, Director of the Winchester Communications Center, to study the proposed merger of the city and county emergency communications centers. Chairman Shickle advised this was one of the top items of interest listed on the surveys collected from the Board and City Council during the last joint meeting. He cautioned against Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 Me the proposed committee getting too far ahead of the governing bodies, since this would be an item of discussion at one of the upcoming quarterly meetings of the two governing bodies. Vice - Chairman Ewing stated this study should be delayed until the Board has had an opportunity to meet with the members of city council. There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Nay Bill M. Ewing Nay Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 3. Fire & Rescue Code Analysis — (Attachment C) Fire Marshal Linaburg presented a summary of the present Fire Code. The code pre- dates the Fire and Rescue Department; therefore, the verbiage needs to be changed to reflect present day operations. In particular, the language currently designates the Fire Code official as the Director of Planning instead of the Fire Marshal (90 -2). The Director of Planning is agreeable to this change, which reflects the language in the State Code. In addition, there are some additional changes that could be made to the current code. Fire Marshal Linaburg asked the Committee to authorize staff to move forward with the review of the ordinance for compliance with the State Code. Chairman Dove and Mr. Riley suggested this item be sent to the Code and Ordinance Committee for further review and a recommendation to the Board of Supervisors. 4. Citizen's Alert Public Safety Communications Director LeeAnna Pyles updated the Committee on the status of the Citizens Alert system. The system has been purchased and will be called "Alert Frederick County ". Training will take place on August 13, 2009 with the new system going into operation that evening. There will be a link on the County's website for citizens to sign up their preferred phone number in order to receive alerts. The vendor, 21 Century, will regularly update the database with citizen phone numbers. Press releases will be sent to the local media. 5. Tabletop Exercise update (Attachment D) Gail Miller outlined the tabletop exercise that occurred on May 7, 2009. Over 60 people participated in the exercise from different departments and jurisdictions. These tabletop exercises are discussion based where no equipment is used and are geared toward enhancing working relationships between school administration and first responders. The exercise focused on a "strange odor" in a normal school setting and ways in which the school, responders, and personnel would react to handling the situation of controlling the students, hospital influx, traffic control, parent notification, etc. Many strengths in the scenario were discovered. There were also areas in need of improvement and Ms. Miller outlined the process for these improvements including conducting further training. She emphasized that Valley Health was poorly represented and these training exercises should have participation between all facilities that would be affected. Ms. Miller has worked with Patti Taylor to set up a full -scale exercise on October 24, 2009 with 2 more exercises to occur next year. In the interim, the Planning team will come up with different scenarios that utilize multiple resources and interaction. 6. Fire & Rescue ALS Training Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 049 Chief Welsh talked about the ratio of City and County fire /rescue calls. At present, the City of Winchester runs 4 calls in the county and the County is running 1 call into the city. To lessen the impact on the city, Chief Welsh is suggesting that more of the County's Fire Companies receive ALS (Advanced Life Support) training. This would limit the need to utilize the City on County calls, thus reducing the ratio to approximately 2 to 1. Next Meeting: A date for the next Public Safety Committee meeting was not set. Adjourn The meeting was adjourned at 10:00 a.m. TRANSPORTATION COMMITTEE REPORT - APPROVED The Transportation Committee met on July 27, 2009 at 8:30 a.m. Members Present Chuck DeHaven (voting) Phil Lemieux (voting) Dave Burleson (voting) James Racey (voting) George Kriz (liaison PC) Gary Oates (liaison PC) Lewis Boyer (liaison Stephens City) Members Absent Mark Davis (liaison Middletown) ** *Items Requiring Action * ** 1. TIGER Grant Applications Staff is working to prepare grant applications for the Department of Transportation TIGER Grants. These are discretionary funds which will be awarded competitively on a nationwide basis. Grants are considered for amounts from $20 -300 Million. There are also waivers available for smaller projects. Staff is preparing applications for the following projects: Route 37 from Exit 310 to Route 522 Phase I of the I -81 and Route 37 Interchange Supplemental funding for the Russell 150 Road Improvements On a motion by Mr. Lemieux and seconded by Mr. Racey, the Committee recommended that the County make application for the projects listed above. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the TIGER grant application. Supervisor Lofton asked if there would be a prioritization of the projects. Supervisor DeHaven stated it was the intent to submit all three projects for consideration, as this was a nationwide program. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 050 Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 2. Revenue Sharing Application — (Resolution #014 -09) Staff recommended the following for the current application cycle: Russell 150 - $700,000 ($1.4 M with match) Route 11 North between Route 37 and I -81 - $250,000 ($500,000 with match) Intersection of Route 11 South and Opequon Church - $50,000 ($100,000 with match) Additionally, staff recommended that the previous revenue sharing allocations to Inverlee Way be requested to be transferred to the Renaissance Drive revenue sharing project. Following additional discussion of the Russell 150 project, Mr. Lemieux made a motion, seconded by Mr. Racey, that the Committee voted to recommend that the Board move ahead with an application for the projects noted above and request that VDOT transfer the existing revenue sharing funds for Inverlee Way to the Renaissance Drive project. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the resolution of support for the Revenue Sharing Program for Fiscal Year 2009 -2010. WHEREAS, the County of Frederick desires to submit an application for an allocation of funds of up to $1,000,000.00 through the Virginia Department of Transportation Fiscal Year 2009 -2010, Revenue Sharing Program; and, WHEREAS, $1,000,000.00 of these funds are requested to fund projects including the Russell 150 Road Improvements, Route 11 North Improvements, and the intersection of Route 11 and Opequon Church Lane; and, WHEREAS, these are proposed to be County- Managed Projects; and, NOW, THEREFORE, BE IT ORDAINED, the Frederick County Board of Supervisors supports this application for an allocation of up to $1,000,000.00 through the Virginia Department of Transportation "Revenue Sharing Program ". ADOPTED this 12th day of August 2009. This resolution was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 3. Double Church Road Truck Restriction Staff presented the following information to the Transportation Committee. Traffic Counts: Staff reviewed VDOT traffic counts from 2004 -2008 for the roadway segment which connects to Route 277. Counts range from 3,000 to 3,300 for that time period. Truck percentages for this time period ranged from 1%-6%. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 051 Accident Data: There were a total of 70 crashes along Double Church Road over the last five years (11/01/03 to 10/31/08). None of the 70 involved tractor trailers State Police Contact: Staff spoke with First Sargent Hawkins of the Virginia State Police barracks in Kernstown and he indicated that he is supportive of a truck restriction in that area. County Police Contact: Staff spoke with Lt. Richardson, who is the Traffic Safety Coordinator. While he had not had numerous calls regarding trucks in that area, he did very clearly state that this is not a road that trucks should be using. Citizen Contacts: Since news coverage of this issue began, staff has been contacted by approximately three residents. Two were in favor of truck restriction and one was against. VDOT Discussions: Discussions that staff has had with VDOT continue to indicate that they feel it would be best to move forward with the truck restriction process. Staff s recommendation is that we move forward with the truck restriction process and consider concurrently adding truck restrictions to Reliance Road to offset an undesired traffic shift to that facility. Should the Committee agree, a recommendation should be made to the Board of Supervisors that a resolution be passed requesting truck restriction on the roadway. Following staffs presentation of the above data and recommendations to the Committee, there was a significant amount of discussion regarding the involvement of Warren County. The Committee indicated that it would be best to move forward concurrently with Warren County on any application the Board may choose to pursue. Staff indicated that communications with Warren County Administrator Doug Stanley indicated that they were interested in moving forward. The Committee directed staff to continue working toward a commitment from Warren County. Committee members asked VDOT and staff whether it may be more effective or expedient to put up warning signage to discourage trucks from using Double Church Road. VDOT indicated that signs could be put in place within 30 -45 days. Staff noted that ignoring the warning signs would not be a ticket -able offence. On a motion by Mr. Lemieux and seconded by Mr. Racey, the Committee recommended proceeding with the warning signs and coordinating with Warren County. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the above recommendation. Supervisor DeHaven stated the intent was to continue working towards truck restrictions, but the warning signs could be accomplished in the very short term. Supervisor Lofton stated he supported the recommendation, but felt there were a lot of roads trucks should not be on. He went on to say this will be the tip of the iceberg and he does not know what this sets up in the future. Supervisor Fisher stated he believed these signs could be put on a lot of roads in the county. He went on to say the warning signs are not bad, but we need to be careful with what we are doing. Vice - Chairman Ewing stated the Sheriffs Department classified this road as one which trucks should not be using. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 �4 There being no further discussion, the above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye 4. Commercialization of Rest Areas — (Resolution #015 -09) Staff noted that Congressman Wolf is working to seek federal authorization for Virginia to commercialize rest areas along the interstate corridors. This practice is currently not allowed per federal law. Staff noted that the County may wish to give support to Congressman Wolf's efforts in the form of a resolution or letter. On a motion by Mr. Lemieux and seconded by Mr. Burleson, the Committee recommended that the Board of Supervisors support Congressman Wolf s efforts and note in the communications of support that localities be given space for tourism offices in the rest areas. Motion passed unanimously. Upon a motion by Supervisor DeHaven, seconded by Supervisor Lemieux, the Board approved the resolution of support for the commercialization of rest areas. WHEREAS, the County of Frederick is concerned about the impacts of closing rest areas along the Commonwealth's interstates; and, WHEREAS, Congressman Wolf is working to allow the commercialization of rest areas in the Commonwealth; and, WHEREAS, commercialization of rest areas would allow rest areas to remain open; and, WHEREAS, the County of Frederick believes that localities should be able to establish visitor centers in rest areas within their boundaries; and, NOW, THEREFORE, BE IT ORDAINED, the Frederick County Board of Supervisors supports the efforts of Congressman Wolf to commercialize rest areas in the Commonwealth and requests that rest areas also be open to localities for use as tourism offices. ADOPTED this 12th day of August 2009. This resolution was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye ** *Items Not Requiring Action * ** 5. Other PUBLIC HEARING Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 53 PUBLIC HEARING - AMENDMENT TO THE 2009 -2010 FISCAL YEAR BUDGET — PURSUANT TO SECTION 15.2 -2507 OF THE CODE OF VIRGINIA, 1950, AS AMENDED, THE BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING TO AMEND THE FISCAL YEAR 2009 -2010 BUDGET TO REFLECT: LANDFILL FUND SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $5,775,000. THIS AMOUNT REPRESENTS A CARRY FORWARD TO COMPLETE PROJECTS INITIATED IN THE FY 2008 -2009: GAS TO ENERGY FACILITY, TRUCK WASH AND CLOSURE OF A TEN ACRE OF THE MUNICIPAL SOLID WASTE LANDFILL CELL. THIS AMOUNT ALSO INCLUDES THE COST OF THE PROFESSIONAL SERVICES ASSOCIATED WITH COMPLETING THESE PROJECTS. — (RESOLUTION #006 -09) APPROVED Administrator Riley advised this was an amendment to the FY 2009 -2010 budget in the amount of $5,775,000 for the Landfill Fund to complete projects initiated in FY 2008 -2009 to include the gas to energy facility, truck wash and closure of a ten acre area of the municipal solid waste landfill cell. Staff is seeking approval by the Board. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Lofton, the Board approved the amendment to the 2009 -2010 fiscal year budget. WHEREAS, the Frederick County Board of Supervisors, meeting in regular session and public hearing held on August 12, 2009, took the following action: NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors that the FY 2009 -2010 Budget be Amended to Reflect: Landfill Fund Supplemental Appropriation in the Amount of $5,775.000. This Amount Represents a Carry Forward to Complete Projects Initiated in FY 2008 -2009: Gas to Energy Facility, Truck Wash and Closure of a Ten Acre of the Municipal Solid Waste Landfill Cell. This Amount Also Includes the Cost of the Professional Services Associated with Completing These Projects. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PLANNING COMMISSION BUSINESS: PUBLIC HEARINGS PUBLIC HEARING - CONDITIONAL US PERMIT #04 -09 FOR FEDERAL AVIATION ADMINISTRATION, FOR AN 80 FOOT MONOPOLE STEEL TELECOMMUNICATIONS TOWER. THIS PROPERTY IS LOCATED AT 170 MARCEL DRIVE (OFF OF ROUTE 522 AND TASKER ROAD), AND IS IDENTIFIED WITH PROPERTY IDENTIFICATION NUMBER 76 -A -53B IN Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 054 THE SHAWNEE MAGISTERIAL DISTRICT. - ACTION POSTPONED FOR 30 DAYS Zoning Administrator Mark Cheran appeared before the Board regarding this item. He advised the property is located in the Shawnee District and is zoned M -1 (Light Industrial) District. He went on to say the Frederick County Zoning Ordinance allows telecommunications facilities in the M -1 District with a conditional use permit. The Planning Commission recommended approval with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. The tower shall be available for co- locating public use wireless services providers. 3. A minor site plan shall be approved by Frederick County. 4. If the FAA (Federal Aviation Administration) relinquishes their lease of the property, the tower will be removed by the FAA. 5. In the event a telecommunications tower is not erected within twelve (12) months of the approval of this Conditional Use Permit, the CUP will be deemed invalid. 6. Any expansion or modification of this use will require a new Conditional Use Permit. He concluded by saying the applicant was not present this evening. Chairman Shickle stated he had some questions for the applicant. Chairman Shickle convened the public hearing. Ron Mislowsky, Patton Harris Rust & Associates, appeared before the Board on behalf of his client who owns the adjoining parcel. He wanted to confirm this use would not place any restrictions on their property. In addition, he wanted to know if approval of this tower would prohibit his client from constructing a tower on their property. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Fisher, seconded by Supervisor Lofton, the Board postponed action on this item for 30 days. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT — CHAPTER 165 ZONING. RECODIFICATION OF CHAPTER 165 ZONING OF THE CODE OF FREDERICK COUNTY FOR A REVISED FORMAT. - APPROVED Senior Planner Candice Perkins appeared before the Board regarding this item. She Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 055 advised that over the past few years there have been numerous revisions to Chapter 165 — Zoning with additional larger revisions being proposed. Staff is seeking to recodify Chapter 165 which will revise the entire chapter number without changing the content. The revised format will include separate parts that could individually be expanded when amendments are inserted into the chapter. With the proposed revisions, certain portions of the ordinance would be _.____ I consolidated into other articles or moved to similar uses. She concluded by saying the Planning Commission recommended approval of this ordinance amendment. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor DeHaven, seconded by Vice - Chairman Ewing, the Board approved the resolution recodifying Chapter 165, Zoning. WHEREAS, an ordinance to amend Chapter 165, Zoning, for the recodification of Chapter 165 and revisions to Chapter 144 to include the new corresponding numbers. The recodification of Chapter 165 will provide for a revised format that will include separate parts that could individually be expanded when amendments are inserted into the chapter. With the proposed revisions, certain portions of the ordinance would be consolidated into other articles or moved to similar use categories. This amendment is amended as described on the attachment. II WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on May 28, 2009; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on August 5, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on August 12, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, is recodified and Chapter 144 is revised to include the new corresponding numbers. The recodification of Chapter 165 will provide for a revised format that will include separate parts that could individually be expanded when amendments are inserted into the chapter. With the proposed revision, certain portions of the ordinance would be consolidated into other articles or moved to similar use categories. This amendment is amended as described on the attachment. This ordinance shall be in effect on the day of adoption. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 056 ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101- General Provisions 165- 101.01 Intent; purpose. 165 - 101.02 Definitions & word usage. 165 - 101.03 Headlines of sections. 165- 101.04 Scope; applicability. 165- 101.05 Zoning districts and zoning map. 165- 101.06 Administration and interpretation. 165- 101.07 Compliance required; required permits. 165- 101.08 Violations and penalties; enforcement. 165- 101.09 Disclosure of ownership. Part 102 - Amendments 165 - 102.01 Initiation. 165- 102.02 Applications. 165- 102.03 Planning Commission public hearing. 165- 102.04 Board of Supervisors public hearing. 165- 102.05 Impact analysis. 165- 102.06 Conditional rezoning. Part 103 - Conditional Use Permits 165 - 103.01 Consideration; approval or disapproval. 165 - 103.02 Standards. 165- 103.03 Conditions. 165- 103.04 Application and approval procedures. 165- 103.05 Fees. 165- 103.06 Site plans. 165- 103.07 Changes in use. 165- 103.08 Revocation. Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC. USES Part 201- Supplementary Use Regulations 165- 201.01 Scope. 165- 201.02 Setback requirements. 165- 201.03 Height limitations; exceptions. 165- 201.04 Lot requirements. 165- 201.05 Secondary or accessory uses. 165- 201.06 Signs. 165 - 201.07 Outdoor Lighting 165- 201.08 Protection of environmental Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 features. 165- 201.09 Stormwater management. 165- 201.10 Outdoor storage and processing. 165- 201.11 Property owners' associations. 165- 201.12 Nuisances. Part 202 - Off - Street Parking, Loading and Access 165- 202.01 Off - street parking; parking lots. 165- 202.02 Loading areas. 165- 202.03 Motor vehicle access. 165- 202.04 Streets; Inter- parcel connectors. Part 203 - Buffers and Landscaping 165- 203.01 Landscaping requirements. 165- 203.02 Buffer and screening requirements. Part 204 - Additional Regulations for Specific Uses 165- 204.01 Adult care residences, assisted living care facilities, and convalescent or nursing homes. 165- 204.02 Batting cages, commercial, operated outdoors. 165- 204.03 Campgrounds and tourist camps. 165- 204.04 Car washes. 165- 204.05 Electrical, hardware, plumbing and heating equipment businesses (SIC 506 and 507). 165- 204.06 Flex -tech uses. 165- 204.07 Government services office. 165- 204.08 Grocery and food stores. 165- 204.09 Humanitarian aid organizational office. 165- 204.10 Kennels. 165- 204.11 Landfills, junkyards, trash disposal, and inoperable vehicles. 165- 204.12 Motor vehicle service uses and public garages. 165- 204.13 Restaurants. 165- 204.14 Sewage treatment facilities. 165- 204.15 Shooting ranges, outdoor. 165- 204.16 Shopping centers, office parks and industrial parks. 165 - 204.17 Slaughterhouses and rendering plants. 165- 204.18 Storage facilities, self-service. 165 - 204.19 Telecommunication facilities, commercial. 165- 204.20 Trailers, temporary. 165- 204.21 Truck or fleet maintenance facilities and truck rental and leasing facilities, without drivers. ARTICLE III - RESERVED 057 ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 - RA Rural Areas District 165- 401.01 Purpose and intent. 165- 401.02 Permitted uses. 165- 401.03 Conditional uses. 165 - 401.04 Permitted residential density; exception. 165- 401.05 Minimum lot size. 165- 401.06 Permitted lot sizes. 165- 401.07 Setback requirements. 165- 401.08 Minimum width; maximum depth. 165- 401.09 Height restrictions. Part 402 - RP Residential Performance District 165- 402.01 Intent. 165- 402.02 Permitted uses. 165- 402.03 Conditional uses. 165- 402.04 Number of uses restricted. 165- 402.05 Gross density. 165- 402.06 Multifamily housing. 165- 402.07 Open space requirements. 165- 402.08 Recreation facilities. 165- 402.09 Dimensional requirements 165- 402.10 Phased development. Part 403 - MH1 Mobile Home Community District 165- 403.01 Intent. 165- 403.02 Permitted uses. 165- 403.03 Conditional uses. 165- 403.04 Mobile home parks and subdivisions. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 501- R4 Residential Planned Community District 165- 501.01 Intent. 165 - 501.02 Rezoning procedure. 165 - 501.03 Permitted uses. 165 - 501.04 Conditional uses. 165 - 501.05 Mixture of housing types required. 165 - 501.06 Design requirements. Part 502 - R5 Residential Recreational Community District 165- 502.01 Intent. 165 - 502.02 Master development plan. 165 - 502.03 Rezoning procedure. 165 - 502.04 Permitted uses. 165 - 502.05 Design requirements. Part 503 - Reserved Part 504 - MS Medical Support District 165- 504.01 Intent. 165 - 504.02 Permitted uses. 165- 504.03 District area, floor -to -area ratios, and residential gross densities. 165 - 504.04 Access regulations. 165 - 504.05 Structure and parking lot setback requirements. 165 - 504.06 Height regulations. 165 - 504.07 Open space, landscaped area, and buffer and screening regulations. 165 - 504.08 Sign regulations. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 601- Dimensional and Intensity Requirements 165- 601.01 Intent 165- 601.02 Dimensional and intensity requirements 165- 601.03 Minimum landscaped area Part 602 - B1 Neighborhood Business District 165- 602.01 Intent. 165- 602.02 Allowed Uses. Part 603 - B2 Business General District 165- 603.01 Intent. 165- 603.02 Allowed Uses. 165- 603.03 Conditional Uses. Part 604 - B3 Industrial Transition District 165- 604.01 Intent. 165- 604.02 Allowed Uses. Part 605 - OM Office- Manufacturing Park District 165- 605.01 Intent. 165- 605.02 Permitted Uses. 165- 605.03 Secondary or Accessory Uses. 165- 605.04 Design Requirements. Part 606 - M1 Light Industrial District Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 9114166 165- 606.01 Intent. 165- 606.02 Allowed Uses. Part 607 - M2 Industrial General District 165- 607.01 Intent. 165- 607.02 Allowed Uses. Part 608 - EM Extractive Manufacturing District 165- 608.01 Intent. 165- 608.02 Permitted uses. 165- 608.03 Performance standards. 165- 608.04 Landscaping. 165- 608.05 Setback and yard requirements. 165- 608.06 Height limitations. 165- 608.07 Additional requirements. Part 609 - HE Higher Education District 165- 609.01 Intent. 165- 609.02 Permitted uses. 165- 609.03 Yard requirements. 165- 609.04 Buffers and screening. 165- 609.05 Height limitation. ARTICLE. VII OVERLAY DISTRICTS Part 701 - AP1 Airport District 165- 701.01 Intent. 165- 701.02 Airport safety zones. 165- 701.03 Height limitations. 165- 701.04 Use restrictions. 165- 701.05 Noise. 165- 701.06 Nonconforming uses. 165- 701.07 Appeals Part 702 - FP Floodplain Districts 165 - 702.01 Purpose 165- 702.02 Applicability 165- 702.03 Compliance and Liability 165- 702.04 Abrogation and Greater Restrictions 165- 702.05 Severability 165 - 702.06 Description of Districts 165-702.07. Official Zoning Map 165- 702.08 District boundary changes 165- 702.09 Interpretation of District Boundaries 16.5 - 702.10 Permit and Application Requirements 165 - 702.11 General Standards for all Special Flood hazard Areas 165 - 702.12 Specific Standards 165 - 702.13 Standards for the Floodway District 165- 702.14 Standards for the Special Floodplain District Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 165 - 702.15 Standards for Approximated Floodplain 165 - 702.16 Standards for Subdivision Proposals 165- 702.17 Design criteria for utilities and facilities 165 - 702.18 Factors to be considered in granting variances 165 - 702.19 existing Structures in Floodplain Areas 16.5- 702.20 Penalties for Violations Part 703 - HA Historic Area Overlay Zone 165- 703.01 Intent. 165- 703.02 Establishing overlay boundaries. 165- 703.03 Criteria for determining historic significance. 165- 703.04 General regulations. 165- 703.05 Administration. Part 704 - IA Interstate Area Overlay District 165- 704.01 Intent. 165- 704.02 District boundaries. 165- 704.03 Establishment of districts. 165- 704.04 Qualifying criteria. 165- 704.05 District regulations. Part 705 - TNDB Traditional Neighborhood Design- Business Overlay District 165- 705.01 Intent. 165- 705.02 District boundaries. 165- 705.03 Establishment of districts. 165- 705.04 Use, density, dimensional and intensity regulations. 165- 705.05 Off - street parking; parking lots. 165- 705.06 Design standards. 165- 705.07 Master Development Plan (MDP). 165- 705.08 Signage. ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 801— Master Development Plans _ 165 - 801.01 Intent. 165- 801.02 When required. 165- 801.03 Waivers. 165- 801.04 Review conference. 165- 801.05 Preapplication conference. _._ 165- 801.06 Preliminary master development plan. 165- 801.07 Final master development plan. 165- 801.08 Changes to approved plans. 165- 801.09 Preliminary master development plan submission. 165- 801.10 Contents of preliminary master development plans. 165 - 801.11 Final master development plans. 165 - 801.12 Master development plan review fees. Part 802 — Site Plans 165- 802.01 Activities requiring site plans. 165- 802.02 Site plan applications; review. 165- 803.03 Site plan contents. 165- 803.04 Required improvements. ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS Part 901— Nonconforming Uses, Structures and Signs. 165- 901.01 Continuation of pre- existing uses, structures & signs. 165- 901.02 Discontinuance. 165- 901.03 Re- establishing discontinued legally nonconforming use. 165- 901.04 Expansions and modifications. 165 - 901.05 Legally nonconforming lots of record. 165- 901.06 Restoration or replacement. ARTICLE X BOARD OF ZONING APPEALS Part 1001— Board of Zoning Appeals 165- 1001.01 Appointment; organization; terms. 165- 1001.02 Powers & duties. ARTICLE XI BUFFER & SCREENING DIAGRAMS Part 1101 — Buffer & Screening Diagrams 165 - 1101.01 Buffer & Screening Diagrams. CHAPTER 165- ZONING REVISIONS RESULTING FROM THE RECODIFICATION OF CHAPTER 165 - ZONING ARTICLE I G 1 D GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 1.01 — General Provisions § 165 -2. Scope, applicability. (NEW - 165- 101.04) Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 TIr This chapter shall establish regulations concerning the use of land, the dimensions of lots and uses and other supplementary development regulations to achieve the intentions of this chapter. This chapter establishes districts throughout the County and regulations applicable to each district. B. In all districts, after the effective date of this chapter, any existing lot, use or structure which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations of Article IX of this chapter. $165- 101.3. Headlines of sections. The Headlines of the sections printed in boldface type are intended as mere catchwords to indicate the contents of the sections and do not constitute part of the ordinance ARTICLE E 114 Conditional Use Pefmits ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 103 — Conditional Use Permits § 165 -17. Application and approval procedures. (NEW 165 - 103.04) Procedures for applying for and approving a conditional use permit shall be the same as the procedures described for applying for and approving a rezoning as described in Article4I I f this chapter. ARTICLE 1V- SupplomeR4ai -7y Use R ego a 4i e s Article II SUPPLEMENTARY USE REGULATIONS, PARKING, BtJFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201 — Supplementary Use Regulations § 165 -24. Height limitations; exceptions. (NEW 165 - 201.03) B. Exceptions to height requirements: (6) General office buildings in the 132 and B3 Zoning Districts and hotel and motel buildings in the 132 Zoning District shall be exempt from the maximum height requirement of those zoning districts. In no case shall the height of such building exceed 60 feet. When such exemptions are proposed adjacent to existing residential uses, the Planning Commission shall review the site development plan pursuant to the provisions of § 1 6 �T 165 - 203.021(3). § 165 -27. Off - street parking; parking lots. (NEW 165 - 202.01) E. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (11) Landscaping. (a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of site. One tree shall be provided for every 5,000 square feet of impervious area over 100,000 square feet of the entire site. Self- service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 165 44 165- 204.18 Self- storage facilities. The majority of these trees shall be located around parking lots. A three -foot- high evergreen hedge, fence, berm or wall shall be provided to prevent headlights from shining on public rights -of -way and adjoining properties. All perimeter landscaping shall comply with the requirements of § 45- Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 061 36C 165-203.0.1B Plant selection, planting procedure and maintenance. (b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. All interior landscaping shall comply with the requirements of § 465- 36E 203.01B Plant selection, planting procedure and maintenance. § 165 -28. Loading areas (NEW 165- 202.02) B. Design standards. (4) Surface materials and curb and gutter. Loading areas shall meet the surface material and curb and gutter requirements for one of the following categories: (c) Loading areas with two or less loading spaces proposed. Loading areas serving uses identified in § 4 165- 202.02A may have a gravel surface if two or less loading spaces are proposed, and if the loading area is separate from the parking lot. Curb and gutter shall be required for loading areas with two or less loading spaces when the loading area is part of the parking lot, and when curb and gutter is required for the parking lot. § 165 -30. Signs. (N1a,W 165 - 201.06) This section is established to regulate the erection, number, area, height, location, type and maintenance of signs to promote the health, safety and general welfare of the public and the orderly development of the county by protection property values and providing adequate signage for businesses and motorists; protection and enhancing the image, appearance and economic vitality of the county and supporting the Frederick County Comprehensive Policy Plan. Any type of sign not currently listed in Section(s) 165 -30 165- 201.06 and 1-65 -156 16.5- 101.02 of the Frederick County Zoning Ordinance shall be prohibited. D. Off - premises signs. (2) Off - premises signs shall be limited to a size, scale and height that does not detract from surrounding properties and uses, and in no case shall exceed the size and height regulation set forth in § 165 - 30 165- 201.06 for freestanding signs. (3) Off - premises signs shall be properly separated from each other to avoid clutter along road corridors, and in no case shall be less than the regulations set forth in § 165 165- 201.06F. G. Height. (1) Wall- mounted signs shall not exceed the maximum height requirement for the zoning district in which they are located. General office buildings, and hotel or motel buildings allowed to exceed the general height requirements for the underlying zoning district as per § 465-24B(6) 165- 201.03B(6) (Height Limitations, exceptions) shall be allowed wall- mounted signs with a maximum height not to exceed the maximum height requirement of § 165 - 201.03B(6). Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 062 § 165 -31. Protection of environmental features (NEW 165- 201.08) B. All developments which require a master development plan, subdivision design plan, site plan, or preliminary sketch plan shall preserve the following environmental features as described: (1) Floodplains. Disturbance of floodplains is only permitted in accordance with the requirements of Article XV, VII, Part 702 FP Floodplain Districts. C. In residential developments, the areas of undisturbed environmental features described in § 1 ro5 -3 B 165- 201.08B shall be located in areas of open space. However, the Planning Commission may allow undisturbed areas to be included in the required setback and yard areas on residential lots when the extent, location and disturbance of environmental areas make it impractical to place the undisturbed areas in common open space. In such circumstances, environmental easements, deeds of dedication, final subdivision plats or other legal instruments approved by the Zoning Administrator shall be required to specify the restrictions to be placed on the environmental areas. D. In rural preservation subdivisions, the environmental features described in § 165 -31 B 165- 201.08B along with agricultural or locally significant soils, shall be placed within the forth - percent parcel, without undue detriment to other principles of quality subdivision design or significant loss of density, as determined by the Zoning Administrator. E. In commercial and industrial developments, the areas of undisturbed environmental features described in § 165 31B 165- 201.08B shall be located in areas of open space, environmental easements, deeds of dedication, final subdivision plats or other legal instruments approved by the Zoning Administrator which specify the restrictions to be placed on the environmental areas. § 165 -36. Landscaping requirements. (NEW 165- 203.01) A. Residential developments. (1) Street tree landscaping. Street tree landscaping shall require one street tree for every 40 feet of street frontage in a residential development, with the exception of a frontage on roads which require a road efficiency buffer. Street trees shall be planted no more than 20 feet from rights -of -way. Planting street trees on the property lines of building lots should be avoided. Two or more street trees shall be planted on each building lot. The Zoning Administrator may allow fewer than two street trees for an individual building lot if topographical features, utilities, easements or the width of the lot makes it impractical to do so. All street trees shall comply with the requirements of § 1 6G iv�-36B 165- 203.01B with the exception that street trees must be at least two -and- one - half -inch caliper at the time of planting. (2) Ornamental landscaping. (b) Ornamental trees and shrubs shall comply with the requirements of § 46-5 - -36B 165- 203.01B The Zoning Administrator may allow some of the required ornamental trees and ornamental shrubs to be planted in areas of common open space so long as the intent of the section is met. (3) Tree preservation landscaping. An area with a tree canopy coverage, of at least 25% of the entire site area, shall be preserved within dedicated open space. In no case shall individual building lots be located within the open space. Canopy coverage shall be calculated from the cumulative total of existing tree canopies. Preserved trees shall be clustered together to maintain a contiguous canopy; and shall be protected from construction activity. These areas of open space may be counted towards the total required open space, as specified in § 'tip 165- Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 063 40207 Residential developments which are not required to have open space by § 3 165 - 402.07 are not exempt from creating open space for the required canopy coverage. The calculation of tree canopy shall be based on either the individual tree standards of the "Manual of Wood Landscape Plants," written by Michael A. Dirr, or through a comprehensive analysis of existing tree drip lines, conducted by a Virginia certified engineer, land surveyor or landscape architect. C. Existing tree credits. If the intent of § x-36 165 - 203.01 is satisfied, including species type and location, existing trees that are preserved may be counted towards the total number of required trees for residential developments. Commercial and industrial _. developments may utilize existing tree credits when calculating the required number of parking lot trees, as required in § 165 '�� -27E(I X165- 202.OIE(11) if the preserved trees are shown on an approved site plan and serve the intent of interior and perimeter landscaping. The following table shows the credit given for each preserved tree, based on the tree's caliper: § 165 -37. Buffer and screening requirements (N 1:."W 165- 203.02) D. Zoning district buffers. (3) Whenever land is to be developed in the B1 (Neighborhood Business) or B2 (Business, General) Zoning District that is adjacent to land primarily used for residential use in the RA (Rural Areas) Zoning District, a B Category buffer shall be provided on the land to be developed. The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Board of Supervisors, the distance requirements of § 165 2 r � D(I 165- 203.02D(1)(a) may be reduced, provided the full screening requirements of this section are met. (5) Whenever land is to be developed in the MS Zoning District that is adjacent to land primarily used for residential purposes in the RA (Rural Areas) Zoning District, a C Category buffer shall be provided on the land to be developed. Whenever land is to be developed in the MS Zoning District that is adjacent to all other land zoned RA (Rural Areas) Zoning District, the requirements for buffer and screening shall be provided in accordance with § 16 5-102 165- 402.07 of this chapter. (9) Proposed developments required to provide buffers and screening as determined by § 16` 2 ''r .P '�) 165- 203.02D(1)(b) of this chapter may be permitted to establish a common shared buffer and screening easement with the adjoining property. The common shared buffer and screening easement shall include all components of a full screen which shall be clearly indicated on a site design plan. A legal agreement signed by all appropriate property owners shall be provided to the Department of Planning and Development and shall be maintained with the approved site design plan. This agreement shall describe the location of the required buffer within each property, the number and type of the plantings to be provided and a statement regarding the maintenance responsibility for this easement. The required buffer distance may be reduced by 50% for a common shared buffer easement if existing vegetation achieves the functions of a full screen. (11) Whenever land is to be developed in the B1, B2, B3, OM, M1 or M2 Zoning District that is adjacent to a railroad right -of -way that has property zoned B1, B2, B3, OM, M1 or M2 on the opposite side, zoning district buffers shall not be required. In the event that residential uses are located on the opposite side of the railroad right -of -way, a zoning district buffer as required by § 165 37D 165 - 203.02D shall be provided. In the event that a zoning district buffer is required, the width of the railroad right -of -way may be counted towards the required zoning district buffer distance. E. Road efficiency buffers. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 Me (2) All road efficiency buffers shall begin at the edge of the road right -of -way, with the inactive portion abutting the road right -of -way. All required elements of the full - distance buffer or the reduced - distance buffer identified in § 1 3) 165 - 203.02E(3) shall be located within the inactive portion of the road efficiency buffer. The inactive portion of the road efficiency buffer is permitted to count towards the required percentage of common open space; however, no portion of a residential lot shall be located within the inactive portion of the road efficiency buffer. The active portion of the road efficiency buffer may be permitted to be located within a residential lot, provided that the primary structure is not located within the buffer area. Accessory structures may be located within the active portion of the road efficiency buffer, provided that the structures meet all applicable setback requirements. Access roads serving as the primary means of vehicular travel to residential subdivisions are permitted to traverse road efficiency buffers. § 165 -44. Self- service storage facilities. (NEW 165- 204.18 Storage facilities, self- service) E. Recreational vehicles and boats shall be permitted to be stored within completely enclosed areas of the self - service storage facility, provided that the storage area is separate from the parking areas and travel aisles and is depicted on the approved site development plan. Areas utilized for the purpose shall be exempt from the surface requirements specified under § 165 44B 165- 204.18B. § 165 -48.2. Truck or fleet maintenance facilities and truck rental and leasing facilities, without drivers.(NEW 165- 204.21) F. The Planning Commission may require additional buffers and screening other than those defined in § 165 37165- 203.02 of this chapter. § 165 -48.6. Commercial telecommunication facilities. (NEW 165- 204.19 Telecommunication facilities, commercial) The intent of this section is to ensure that the siting of commercial telecommunication facilities occurs through the conditional use permit public hearing process defined in Article -HI I_of this chapter. Commercial telecommunication facilities that locate on existing structures and towers shall be exempt from the conditional use permit requirement. The siting of commercial telecommunication facilities is permitted within the zoning districts specified in this chapter, provided that residential properties, land use patterns, scenic areas and properties of significant historic value are not negatively impacted. A. Information required as part of the conditional use permit application shall include, but not be limited to, the following: (4) An affidavit signed by the landowner stating that he /she is aware that he /she may be held responsible for the removal of the commercial telecommunications facility as stated in § 165- 204.19B(7). B. The following standards shall apply to any property in which a commercial telecommunication facility is sited, in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. (1) The Planning Commission may reduce the required setback distance for commercial telecommunication facilities as required by § ' 6 rv5 - 24B(v) 165 - 204.19B(8) of this chapter if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Planning Commission that the tower is designed, and will be constructed, in a manner that if the tower collapses for any reason the collapsed tower will be contained in an area around the tower with a radius equal to or lesser than the setback, measured from the center line of the base of the tower. In no case shall Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 �s be setback distance be reduced to less than '/z the distance of the tower height. Commercial telecommunication facilities affixed to existing structures shall be exempt from setback requirements, provided that they are located no closer to the adjoining property line than the existing structure. ARTICLE E V ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS 1 -1-1 11 Part 401 — RA Rural Areas District § 165 -50. Permitted uses. (NEW 165- 401.02) V. Signs allowed in § 165 30B 165- 201.06B. § 165 -52. Permitted residential density; exception (NEW 165- 401.04) B. Exception to permitted density. On lots containing between seven and ten acres which were lots of record prior to the adoption of this article, lots of two or more acres may be created despite the density limit of one unit per five acres, provided that they meet the requirements of § 165 -54B 165 - 40.1.06E of this chapter. Within subdivisions utilizing rural preservation lots, the forty - percent parcel shall not count against the permitted density of the parent tract. § 165 -55. Setback requirements. (NEW 165- 401.07) B. Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § :65 55S (2165- 401.07A(2) of this chapter. Part 402 — RP Residential Performance District § 165 -59. Permitted uses. (NEW 165- 402.02) A. All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article XAL14 VIII of this chapter. B. Structures are to be erected or land used for one or more of the following uses: (13) Signs allowed in § 165- 30B 201.06B. § 165 -63. Open space requirements. (NEW 165- 402.07) D. The minimum required open space percentages provided in § 165 63A .165- 402.07A of this chapter may be reduced for residential developments which provide for active recreational areas and amenities, upon the granting of an open space waiver issued by the Board of Supervisors. In no case shall the required open space (per § 165 63A 165 - 402.07A be reduced more than 50% for single - family detached housing types (excluding single - family small lot), and no more than 25% for all other residential housing types and mixtures. Active recreational areas and amenities shall be incorporated within the development's common open space and be for the use of and maintained by the subject development's property owner's association. The active recreational area and amenity value shall be equivalent to the value of four recreational units for each 30 dwelling units. The active recreational area and amenity value and design shall be approved by the Subdivision Administrator in conjunction with the Director of Parks and Recreation. These open space active recreational areas and amenities shall be in addition to the recreational facilities identified in § 165 - 64 165- 402.08 The gross density requirements Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 es as required in §§ 165 62 165- 402.05 and 465 62.1 165- 402.06 shall not be exceeded through the reduction of common open space. Requests for an open space reduction waiver would be considered by the Board of Supervisors during the master development plan process. Acceptance of the reduced open space request will be based on the quality of the open space and the recreational amenities provided. § 165 -64. Recreation facilities. (NEW 165- 402.08) A. Housing types with lot sizes of less than 5,000 square feet shall provide the following recreational units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single - family small lot housing shall provide a community center that provides for the equivalent of three age- appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission, in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review. (1) The Board of Supervisors may provide a waiver for the community center requirement specified in § 465 -64A 165- 402.08A in single - family small lot subdivisions that contain less than 25 lots. This waiver may be requested by the applicant during the consideration of the subdivision design plan if no master development plan is required. The applicant is required to demonstrate how an equivalent recreational value of three recreational units for each 30 dwelling units, prorated, is being provided within the project, to the County, or a combination of both as a condition of requesting approval of a w aive r by t he Boar of Supervisors. ARTICLE V41 DAR Pl d C ommunity Dis trict. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 501— R4 Residential Planned Community District § 165.68. Rezoning procedure. (NEW 1.65- 501.02) In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article X111 VIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. The master development plan review procedures described by Article XAql— must also be completed concurrently with or following the consideration of the rezoning. § 165 -72. Design requirements. (NEW 165- 501.06) G. Buffers and screening. (1) Buffers and screening shall be provided between various uses and housing types as if the uses were located in the RP, B1, B2 or M1 Zoning District according to the uses allowed in those districts. Buffers and screening shall be provided accordingly as specified in § 165 37 165- 203.02 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. In addition, along the perimeter boundary of the Residential Planned Community District, buffers and screens shall be provided in relation to adjoining properties as if the uses in the planned community were located in the RP, B1, B2 and M1 Zoning Districts. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 007 K. Stormwater management. The requirements of § 165 32.165-201.09 of this chapter shall apply to the total planned community development. Commu ARTICLE VM R5 Residential Reeirentional a.JS, - icy ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 502 — R5 Residential Recreational Community District § 165 -75. Rezoning procedure. (NEW 165 - 502.03) In order to have land rezoned to the R5 Residential Recreation Community District, a master development plan, meeting all requirements of Article XV111 VIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted may be accepted as a condition proffered for the rezoning. The master plan review procedures described by Article XV111 VIII must also be completed concurrently with or following the consideration of the rezoning. § 165 -77. Design requirements. (NEVI/ 165- 502.05) B. Dimensional requirements. (3) Existing lots. The Zoning Administrator may allow reduced yard setbacks on existing lots of record, by a distance of up to 25% of the required setback, where topography or other environmental constraints create a hardship. To be considered a hardship, all conditions specified in § 165 ', -r55C(5) 165 - 1001.0X(5) of the Frederick County Zoning Ordinance must be met. E. Vehicle storage areas shall not exceed eight acres in size, shall be screened from view of any public street or adjoining residential property by a category B buffer utilizing at a minimum a landscape screen and shall comply with the requirements of § 165 35A 165- 203.02 of this chapter. G. Recreational facilities. One recreational unit or equivalent recreations facilities shall be provided for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Planning Commission in conjunction with the Director of Planning and the Development of Parks and Recreation. When the single - family small lot housing type is used, the requirements of § 165 64A 165- 402.08A Recreational facilities, shall be met. H. Buffers and screening. Buffers and screening shall be provided between various uses and housing types as if the uses were located in the RP, B 1 or B2 Zoning District according to the uses allowed in those districts. Buffers and screening shall be provided accordingly as specified in § 165 37 165- 203.02 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. In addition, along the perimeter boundary of the Residential Recreational Community District, buffers and screens shall be provided in relation to adjoining properties as if the uses in the planned community were located in the RP, BI and B2 Zoning Districts. The Planning Commission may allow alternative methods for achieving buffer and screening requirements and may waive the interior residential screening and road efficiency buffer requirements in age - restricted communities. N. Stormwater management. The requirements of § 165 32 165- 20.1.09 of this chapter shall apply to the total residential recreational community development. Q. Property owners' association. A single property owners' association shall be provided for all phases of a recreational community development according to the requirements of Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 e•i § 165 - X4.165- 201.11 of this chapter. R. Environmental protection. Upon recommendation of the Planning Commission, the Board of Supervisors may allow waivers of, or variations to, the environmental requirements of § 165 31 165- 20.1.08 of this chapter in residential recreational communities. Such waivers shall be shown on the master development plan. In such cases, the environmental features and their function shall be preserved to the greatest extent possible. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 403 — MH1 Mobile Home Community District § 165 -79. Permitted uses. (NEW 165- 403.02) N. Signs allowed in § 165 - 3$14 201.06B. § 165 -81. Mobile home parks and subdivisions. (NEW 165 - 403.04) B. Common areas. All mobile home parks and subdivision shall have a common area of at least 4,000 square feet in area. In addition, at least 15% of the total gross area of all mobile home parks or subdivision shall be in common areas. There shall be at least 50 square feet of common area for each dwelling unit. (2) Recreation facilities. All mobile home parks and subdivision shall contain at least one recreational unit as described by § 165 64 165- 402.08 of this chapter. This recreational unit shall be intended to meet the needs of 30 dwelling units. One recreational unit shall be provided for each 30 dwelling units. The design and amount of recreational facilities shall be approved by the Administrator and the Department of Parks and Recreation at the time of site plan review. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Distriet use regulations Part 601 Dimensional and Intensity Requirements § 16.5- 601.01 Intent. The following tables describe the business and industrial zoning districts in Frederick County, the intent of those districts and the uses allowed in each district. Standard Industrial classification numbers are provided for particular uses to assist the Zoning Administrator in classifying uses. Determining whether a particular use should be classified under a particular category remains subject to interpretation on the part of the Zoning Administrator. § 1.65 - 601.02 Dimensional and intensity requirements The following table describes the dimensional and intensity requirements for the business and industrial districts: District Requirement B1 B2 B3 OM M1 M2 Front yard setback on 50 50 50 50 75 75 Primary or arterial highways Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 (feet) Front yard setback on 35 35 35 35 75 75 Collector or minor streets (feet) Side yard setbacks (feet) -- -- 15 15 25 25 Rear yard setbacks (feet) -- -- 15 15 25 25 Floor area to lot area ratio .3 1.0 1.0 1.0 1.0 1.0 (FAR) Minimum landscaped area 35 15 25 15 25 15 (percentage of lot area) Maximum height (feet) 35 35 35 60 60 60 § 165- 601.03 Minimum landscaped area Minimum landscaped area. In the B2 Business General Zoning District, the Planning Commission may require that more than 15% of the area of a site shall be landscaped in order to meet the intent of this chapter. Additional landscaped areas may be required to ensure that all unused areas are landscaped and to improve the general appearance and use of the site. In no case shall more than 25% of the site be required to be landscaped in the B2 Business General Zoning District. Part 602 – B1 Neighborhood Business District § 165- 602.01 Intent. A— Neighborhood Business District. The intent of this district is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods. Uses allowed primarily consist of limited retailing and personal service uses. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods. § 165- 602.02. Allowed Uses. Allowed Uses Signs allowed in § 165 30B 165- 201.06B. Part 603 – B2 Business General District § 1.65- 603.01 Intent. B. B2 Business General District. The intent of this district is to provide large areas for a variety of businesses, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than the required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. § 165- 603.02 Allowed Uses. Allowed Uses Signs allowed in § 165 3 O 165- 20I.06B. § 165- 603.03 Conditional Uses. (2) Uses permitted with a conditional use permit shall be as follows. Part 604 – B3 Industrial Transition District Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 U ' f § 165 - 604.01 Intent. E: B3 Industrial Transition District. The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. § 165- 604.02 Allowed Uses. Allowed Uses Signs allowed in § 165 30B 165- 201.06B. Part 605 – OM Office - Manufacturing Park District § 165- 605.01 Intent. Office - Manufacturing (OM) Park District. The intent of this district is to implement the mixed -use industrial /office land use classification of the Comprehensive Policy Plan. The OM Park District is designed to provide areas for research - and - development centers, office parks, and minimal - impact industrial and assembly uses. Uses are allowed which do not create noise, smoke, dust or other hazards. This district shall be located in a campus -like atmosphere near major transportation facilities. § 165- 605.02 Permitted Uses. (t) Permitted Uses Signs allowed in § 165 3 30B 165- 201.06B. § 165 - 605.02 Secondary or Accessory Uses. (2) Secondary or accessory uses. The following uses shall be permitted by right in the OM Park District but only in conjunction with and secondary to a permitted principal use in accordance with § 165-x. 165 - 2111.05. § 1.65 - 60.5.03 Design Requirements. A. Minimum size. B. Development standards Part 606 – M1 Light Industrial District § 165 - 606.01 Intent. K.—M1 -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. § 165- 606.02 Allowed Uses. Allowed Uses Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 o - N Signs allowed in § 1�5 3013 -.165- 201.06B. Part 607 — M2 Industrial General District § 1.65- 607.01 Intent. F--. M2 Industrial General District. The intent of this district is to provide for a wide variety of manufacturing, commercial office and heavy commercial uses, including those which may not be compatible with nearby residential and business areas. Performance controls are used to control potential nuisances, especially in relation to zoning district boundaries. Such industrial areas shall be provided with safe and sufficient access. § 165- 607.02 Allowed Uses. Part 608 — EM Extractive Manufacturing District § 165 85. Permitted uses. (New 165- 608.02) L. Signs a llowed in § ' ter 165- 201.06B. Part 609 — HE Higher Education District § 1 65 92. Permitted uses. (NEW 165- 609.02) A Signs allowed in § 165 -3013. 165- 201.06B. § x-94. Buffers and screening. (NL;.W 165- 609.04) A. The Planning Commission may require distance buffers, as defined in § 165 37A 165 - 203.02A of this chapter, on lots which abut land in any residential district or land in other zoning districts which are predominantly residential in nature. The size of the distance buffers shall be based on the amount of separation needed. B. The Planning Commission may require landscaped screens or full landscaping, as defined by § 165 37B 165 - 203.02E of this chapter, to separate uses in this district from adjoining residential uses and to achieve the intentions of this chapter. LE XIII ARTICLE V PLANNED DEVEL.OPME.NT DISTRICTS Part 504 — MS Medical Support District § 165 -97. Permitted uses. (NEW 165- 504.02) A. All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article XV111 VIII of this chapter. B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification are allowed only if the major group, industry group number, or industry number general group titles are used. (4) Manufacturing and wholesaling support services Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 072 (a) All permitted manufacturing and wholesaling support services shall meet the flex -tech performance standards as identified in § 165 48.7C 1.65 - 204.06C of this chapter. § 165 -98. District area, floor -to -area ratios and residential gross densities. (NEW 165- 504.03) A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XV411 Vlll of this chapter. D. Hospitals, office buildings, conference /events centers, wellness centers, and all land use permitted under § 97B(` 165- 504.02B(1) Educational support services, shall be allowed to develop a maximum floor -to -area ratio (FAR) of two. The maximum FAR shall be based on the total site area for a master - planned MS (Medical Support) District development that is to be developed as one parcel, or for the total site area of individual parcels in the development that are subdivided for development purposes. E. All permitted land uses other than those described in §165 98D 165- 504.03D providing support services to this district shall be allowed to develop a maximum floor -to -area ratio (FAR) of one. The maximum FAR shall be determined as described in § 165 98D -165- 504.03D F. The overall gross densities for permitted land uses identified in § 1 65 T() 165 - 504.02B(5) shall be calculated as described under this subsection: § 165 -100. Structured and parking lot setback regulations. (NEW 165 - 504.05) C. Residential housing units within a Continuing Care Retirement Community to include single - family small lot, duplex and multiplex shall have a minimum building spacing of 10 feet between units and no building can be within 50' of the perimeter boundary of the development provided that all requirements of § 165 102 165- 504.07 have been satisfied. D. All permitted support services and related residential land uses other than those described in § 1 6G rv5 11000 165- 504.050 are not proposed to have minimum side or rear yard setbacks. Individual parcels which are designed to have structures placed on a side or rear property line shall be provided with a maintenance easement on the adjoining parcel that is a minimum of 10 feet in width. F. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a 3:1 slope. Evergreen shrubbery that is a minimum of two feet in height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear feet. This element shall begin at the street right -of -way and end at the beginning of the parking lot. Parking lots located between the urban local street and the building front shall be developed to the standards set forth in § 165 27 165- 202.01 of this chapter. § 165 -101. Height regulations. (NEW 1.65 - 504.06) A. The maximum structural height for hospitals, office buildings and all land use permitted under § 6 �-97B(i) 165- 504.02B(1) Educational support services, shall be 90 feet. D. Structural setbacks for all land uses permitted under § 1 '�r165- 504.06A and �5- 1n� 16.5 - .504.06E shall be increased one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall be measured as follows: E. A clear zone void of structures, signage, vegetation and berms shall be established in areas determined by the Fire Marshall to ensure appropriate emergency access for all land uses permitted under § 165 101A 165- 504.06A and 1 101B - .165- 504.06B These identified areas shall begin at a distance of 25 feet from the structure and shall have a Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 073 minimum width of 20 feet. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development. § 165 -102. Open spaces, landscaped area and buffer and screening regulations. (N F, W 165- 504.07) B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under § 165 ' 7E(I 1) .165- 202.Q.IE(11) Parking lot landscaping, and § 165 37 165- 203.02 Buffers and screening, of this chapter. Minimum standards for required vegetative elements include two -inch caliper trees and three -foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open space percentage. C. Buffer and screening requirements for the MS (Medical Support) District shall include: (1) Master development planned area that is to be developed as one parcel. (a) A fifty -foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two -inch caliper at the time of planting. An earth berm that is four feet in height and constructed on a 3:1 slope shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § ? (I 1) 165- 202.0]E(11) Parking lot landscaping, are met. (b) A fifty -foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in § 165 ' 02C( )(a) 16S- SQ4.07C(1)(u) of this article. (2) Master development planned area that is to be developed as individual parcels. (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165 97a165- 504.02B of this article. (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165 37 165- 203.02 of this chapter; as well as all other applicable provisions of this section. (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: (a) A one - hundred foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard. A twenty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165 ''� -z?,E(I 1) 165- 202.0IE(11) Parking lot landscaping, are met. (b) A two - hundred -foot buffer adjacent to a parcel whose primary use is orchard. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 074 A forty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165 27E(I ) 165- 202.01E(11) Parking lot landscaping, are met. (4) A road efficiency buffer meeting the requirements § 165 37E.165- 203.02E. of this chapter shall be provided for all related residential land uses permitted in § -16-5 - 97B(5) 165- 504.02B(5) of this article. § 165 -103. Sign regulations. (NEW 1.65 - 504.08) A. Permitted Signage (2) Signs allowed in § 'gin 165- 201.06B. C. All wall- mounted signs shall conform to § 165 T°°14(1) 165- 201.06H(1) of the Frederick County Zoning Ordinance. D. Sign setbacks shall conform to §165 -30E 165- 201.06E of the Frederick County Zoning Ordinance and sign spacing shall conform to §165 -3OF 165- 201.06T of the Frederick County Zoning Ordinance. ARTICLE VII OVERLAY DISTRICTS Part 703 - HA Historic Area Overlay Zone § 165 -123. Establishing overlay boundaries. (NEW 1.65- 703.02) HA Zones may be created by amending the Zoning Chapter as provided for in Article 11_1 of this chapter. Following a public hearing, the Historic Resources Advisory Board (HRAB) may initiate a proposal to the Planning Commission and the Board of Supervisors for amendments, including the establishment of HA Zones and the revision of existing HA Zones. A proposal for such amendment(s) may also be submitted by residents of an area that wish it to be designated as an historic area. ARTICLE VII OVERLAY DISTRICTS Part 704 - IA Interstate Area Overlay District § 165 -127. Intent. (NEW 165 - 704.01) The IA Interstate Area Overlay District is intended to provide commercial businesses within an identified area the ability to utilize business signs that are in excess of the limits specified in § 165 -30 165- 201.06 of this chapter. This flexibility is provided to inform the traveling public of business service opportunities at specific interstate interchange areas. The standards within this article are designed to allow for additional visibility for commercial businesses while minimizing negative impacts to view sheds, the traveling public and residential properties that are adjacent to or within the proximity of the overlay district. Established boundaries are based on reasonable sight distances and policies set forth in the Comprehensive Plan and are intended to designate each interstate interchange area and provide guidance for considering the addition of subsequent properties. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 075 § 165 -129. Establishment of district. (NEW 165- 704.03) A. The Frederick County Board of Supervisors may apply the Interstate Area Overlay District to properties within the proximity of interstate interchange areas upon concluding that: (3) The property has met the requirements of Article -41 I of this chapter, as well as the requirements of § 15.2 -2286 of the Code of Virginia 1950, as amended. § 165 -130. Qualifying criteria. (NEW 165- 704.04) A. On property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District, the following uses shall be authorized to erect a commercial business sign that complies with the requirements of § 165 -1-31 165- 704.05 of this article. Such commercial business signs complying with the requirements of § 165 13 165- 704.05 of this article shall hereinafter be referred to as interstate overlay signs. B. Qualifying uses specified under § 1 130= 165- 704.04A that are authorized on property through the issuance of a conditional use permit in the RA Rural Areas District may be entitled to erect an interstate overlay sign that is of a greater height and size than is permitted in the underlying zoning district, provided that the property has met the requirements of Article III I of this chapter, the business sign complies with the requirements of §ICES -131 165 - 704.05 of this article and the qualifying use is located on property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District. § 165 -131. District regulations. (NEW 165 - 704.05) D. Setback requirements. (3) The Planning Commission may waive any portion of the setback described in § 4 131D(2) .165- 704.05D(2) if it can be demonstrated that the setback requirement cannot be met due to the irregular size or shape of the parcel. E. Spacing requirements. The spacing requirements between an interstate overlay sign and signs in the underlying zoning district(s) shall comply with the requirements in § 165 3OF 165- 20.1.06F of this chapter and shall meet all other applicable spacing requirements. H. Maintenance and permits. (1) All signs that are erected in the Interstate Area Overlay District shall meet the maintenance and permit requirements as specified in § 165- 0K 165- 201.06K and § 165 -30h 165- 201.06L of this chapter. TNDB (Traditional Neighborhood Design Business' 1 ' 1 - - er-lay Distri ARTICLE VII OVERLAY DISTRICTS Part 705 - TNDB Traditional Neighborhood Design- Business Overlay District § 165- 131.1. Intent. (NEW 165 - 705.01) B. The TNDB (Traditional Neighborhood Design- Business) Overlay District provides parcels within the County's Urban Development Area (UDA), or parcels located in areas identified as a potential urban center or neighborhood village in the Comprehensive Plan which are located within the Sewer and Water Service Area, the ability to utilize traditional neighborhood design criteria that are different from the criteria specified in §§ 165 82 a 165- 83-ARTICLE VI of this chapter. Parcels within this district should be located along major roadways and prominent road intersections that are located in close proximity to existing or planned residential areas. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 076 § 165- 131.3. Establishment of districts. (NEW 165- 705.03) A. The Frederick County Board of Supervisors may apply the TNDB (Traditional Neighborhood Design- Business) Overlay District, following the procedures of Article 111 of this chapter, to B 1 Neighborhood Business District and B2 Business General District properties of less than 20 acres, upon concluding that: § 165- 131.4. Use, density, dimensional and intensity regulations. (NEW 165- 705.04) E. All other dimensional and intensity requirements of § 165 83 165- 601.01 and 165- 601.02 this chapter shall apply. § 165- 131.5. Off - street parking: parking lots. (NEW 165- 705.05) Off - street parking shall be provided on each lot or parcel on which any use is established according to the requirements of this section A. Required parking spaces. (3) Required parking spaces for commercial uses shall be in accordance with § 16 27 165- 202.01 of this chapter. The Zoning Administrator may allow some variation in the standards for required parking for the commercial uses based on detailed parking demand studies provided by the applicant. (4) On- street parking can be counted towards meeting the required parking in § 'tip 165- 202.01 of this chapter, provided such parking is located within 400 feet of the subject principal use. C. All other regulations concerning off - street parking and parking lots shall be as required in § 165-27 165- 202.01 of this chapter. § 165 - 131.6. Design Standards. (NEW 165- 705.06) G. Buffers and screening requirements shall be provided on each lot or parcel on which any use is established according to the requirements of this section. (1) Buffers and screening requirements shall be provided as required in § ' ti� 165- 203.02 of this chapter for the underlying zoning district. Any residential dwelling units shall be treated as commercial floor space solely for the purpose of buffers and screening requirements. Zoning district buffers shall not be required along any existing road rights -of -way which border the development. The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted, the distance requirements of § X5-37 165 - 203.02 may be reduced, provided the full screening requirements of the section are met. H. Street trees. One street tree shall be provided for every 30 feet of street frontage. Street trees shall be planted no more than ten feet from rights -of -way. Acceptable trees shall be based on the list of street trees included in § 165 36B 165-203.01B of this chapter. Street trees shall be a minimum of three -inch caliper at the time of planting. § 165- 131.7. Master Development Plan (MDP). (NEW 165- 705.07) A. The Director of Planning and Development may waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design- Business) Overlay District for sites less than ten acres in accordance with § 165 134C 165- 80.1.03C through (6) of this chapter. The Director of Planning and Development may also waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design- Business) Overlay District provided that a proffer statement, accepted by the Board of Supervisors, associated with the development contains a plan which shows: Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 077 B. All other regulations concerning master development plans shall be as required in Article XV111 VIII of this chapter. § 165- 131.8. Signage. (NEW 165- 705.08) E. All other sign regulations shall be as required in § 165 38 165- 201.06 of this chapter for the underlying zoning district. ARTICLE XA ARTICLE VIII — DEVELOPMENT PLANS AND APPROVALS Part 801— Master Development Plans § 165 -134. Waivers. (NEW 165- 801.03) C. B1, B2, B3 and HE Districts. The Director of Planning and Development may waive the requirement of a master development plan in the BI Neighborhood Business, B2 Business General, B3 Industrial Transition or HE Higher Education Zoning Districts if the proposed subdivision or development: (1) Contains less than five acres in the B1 District and less than 10 acres in the B2, B3 or 134 HE District; § 165 -141. Contents of preliminary master development plans. (NEW 1.65 - 801.10) B. Contents of a preliminary master development plan in the Residential Performance District, the Residential Planned Community District, the Residential Recreational Community District and the Mobile Home Community District. The preliminary MDP shall contain a conceptual plan, showing the location and functional relationship between all proposed housing types and land uses, including the following information: (11) The proposed location, arrangement, and right -of -way widths of roads and streets, including roads and streets providing access to adjoining parcels, shall be in accordance with § 165 - 48.9 202.04. C. Contents of a preliminary master development plan in the M1 Light Industrial District, the M2 Industrial General District, the EM Extractive Manufacturing District, the HE Higher Education District, the BI Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, 6T -the OM Office - Manufacturing Park District and the M.S (Medical Support) District The preliminary MDP shall contain a conceptual plan, showing the location and functional relationship between streets and land uses, including the following: § 165 -142. Final master development plans. (NEW 165- 801.11) A. The final MDP shall conform with the requirements in § 165 135 165- 801.04 through 165- 80130. ARTICLE ARTICLE IX Nonconforming Uses, Structures and Signs Part 901 — Nonconforming Uses, Structures and Signs. § 165 -151. Expansion and modifications. (NEW 165- 901.04) C. All legally nonconforming uses and structures not specified in § ' 6 �!A 165- 901.04A or § 1 65 151-13 165- 901.04E may expand or modify one time if the expansion or modification does not increase the degree of nonconformity, and does not result in an overall expansion of more than 2,000 square feet or 50 %. Measurements shall be based on gross floor area for structures and total land area for uses. Legally nonconforming residential structures may expand beyond 2,000 square feet of 50% if the expansion or Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 modification does not increase the degree of nonconformity. The Zoning Administrator may allow the expansion of legally nonconforming structures and the construction of new structures with the same setback of the existing legally nonconforming structure, provided that all other conditions of the Frederick County Zoning Ordinance are met. E. A legally nonconforming use or structure that is located within the floodplain districts may be expanded one time, provided that they meet the conditions set forth in this article as well as Article XV- ARTICLE V11, 165 116 165- 702.19, of this chapter. ARTICLE ARTICLE X Board of Zoning Appeals Part 1001 - Board of Zoning Appeals § 165 -155. Powers and duties. C. Variances. (7) When considering a variance application located within the floodplain districts, additional factors contained in Articl § 165 121 ARTICLE VII, $ 165- 702.18. must be followed. ARTICLE XXII Definitions ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 - General Provisions § 165 -156. Definitions and word usage. (NEW 165 - 101.02) COMMON OPEN SPACE - Land that is used for recreational purposes, environmental resource protection, buffer areas, stormwater management areas and passive areas that are dedicated to the residents of a development for use and maintenance, and is protected to ensure that it remains in such uses, unless utilized under the provisions of § 1 65 63i 165- 402.07A of this chapter. SIGN, INTERSTATE OVERLAY - An on- premise business sign located within the Interstate Area Overlay District meeting all requirements of Article XV1I VII, Part 704 of this chapter. CHAPTER 144- SUBDIVISION OF LAND REVISIONS RESULTING FROM THE RECODIFICATION OF CHAPTER 165 - ZONING ARTICLE II DEFINITIONS §144 -1. Definitions and word usage COMMON OPEN SPACE - Land that is used for recreational purposes, environmental resource protection, buffer areas, stormwater management areas and passive areas that are dedicated to the residents of a development for use and maintenance, and is protected to ensure that it remains in such uses, unless utilized under the provisions of § 165 63A 165- 402.07A of this Chapter 165, Zoning. MASTER DEVELOPMENT PLAN - A general plan depicting the development of a parcel or parcels in accordance with the requirements of Articled VIII of the Chapter 165, Zoning. ARTICLE IV Subdivision Review Procedures § 144.10. Master development plan. Unless specifically waived or exempted under Article XV11 -VIII, § 165 -134 165 - 801.03, of Chapter 165, Zoning, all subdivision of land shall require an approved master development plan. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 079 The master development plan shall conform with all requirements of Chapter 165, Zoning, Article XV111 VIII, of the Frederick County Code. § 144.15. Minor rural subdivisions. Three copies of final plats for a minor rural subdivision shall be submitted to the Subdivision Administrator for review and approval. Preliminary sketch review and subdivision design plan review are not required for minor rural subdivisions. A. In the case of divisions created under the provisions of § 165,54B .165- 401.06B, Family division lots, of Chapter 165, Zoning, of the Frederick County Code, an affidavit with the notarized signature of the grantor must be provided. The affidavit shall state to whom the lot will be conveyed, the relationship of the grantor to the grantee and the grantors understanding of § 165 54B 16.5- 401.06B, Family division lots, of Chapter 165, Zoning, of the Frederick County Code and § 15.2 -2244 of the Code of Virginia 1950, as amended. ARTICLE V Design Standards § 144.17. Streets. F. Motor vehicle access. (1) All new lots created on collector or arterial roads shall meet the requirements regarding minimum driveway spacing as specified in Article 1V H of Chapter 165, Zoning. Any lot created that cannot meet the requirements of the Chapter 165, Zoning, shall provide easements for shared access that will be reviewed for approval at the subdivision design plan or final plat review stage. § 144.31. Rural subdivisions. The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under Article V IV of Chapter 165, Zoning, of the Frederick County Code. B. Major rural subdivisions. (1) Any subdivision which results in a cumulative total of more than three lots being divided from a single parent parcel within the RA (Rural Areas) Zone shall be considered a major rural subdivision. Lots described in § 165 -54B 165- 401.06B, Family division lots; and § 165- 401.06C, Agricultural lots, of Chapter 165, Zoning, of the Frederick County Code, shall not count toward this three -lot limit. Prior to review and approval of final plats for such divisions, a preliminary sketch plan must be reviewed and approved by the Zoning Administrator. C. Minor rural subdivisions. (1) The division of the following types of lots is permitted under the regulations for minor rural subdivision: (a) Lots described by § 165 54B 165- 401.06B, Family division lots; and § 165 54C 165- 401.060, Agricultural lots, of Chapter 165, Zoning, of the Frederick County Code. (b) Lots described in § 165 54A 165- 401.06A Traditional five -acre lots, and § 165 -- 54D 165- 40.1.06D, Rural preservation lots, provided that a total of no more than three such lots may be created from any one parcel under these regulations. ARTICLE VI Plan Requirements § 144.37. Final plats. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 ION Z. An indication of the portion of the allowable density from the parent tract, (as determined by § x-52 165 - 40.1.04, Permitted residential density; exception, of Chapter 165 of the Frederick County Code) which is to be allocated to each parcel resulting from the subdivision. § 144.39. Minor rural subdivisions. (8) A statement indicating the portion of the allowable density of the parent tract (as determined by § 165-52 165- 401.04, Permitted residential density; exception, of Chapter 165 of the Frederick County Code) which is to be allocated to each parcel resulting from the subdivision. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AM ENDMENT — CHAPTER 165 ZONING ARTICLE IV SUPPLEMENTARY USE REGULATIONS. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO INCLUDE OUTDOOR LIGHTING STANDARDS. — APPROVED AS RECODIFIED CHAPTER 165 ZONING, ARTICLE I GENERAL PROVISIONS AND ARTICLE II SUPPLEMENTARY USE REGULATIONS Senior Planner Candice Perkins appeared before the Board regarding this item. She advised these proposed revisions were a result of multiple new developments with excessive lighting, which have occurred over the past few years. The draft standards include elements that will apply to all outdoor lighting as well as portions that apply to nonresidential uses (commercial /industrial, etc.), as well as multifamily uses and residential parking lots. New definitions that correspond to the lighting standards are included as well. She went on to say it should be noted that these proposed standards will not require sites to install lighting and does not require minimum lighting standards, which are typically regulated by the private sector. The proposed standards will place thresholds on the maximum amount of lighting permitted on a site, regulate the type of fixtures permitted, and the maximum mounting height of fixtures. Enforcement of this ordinance will be handled by the Planning Department. She concluded by saying the Planning Commission recommended approval of the proposed amendment. Supervisor Lofton asked if there would be any instance where an existing site would have to replace all of their lighting to meet the new standards. Senior Planner Perkins responded if a property owner took out all of the existing lights and redid the lighting plan then they would have to comply with the new regulations. If a Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 �i property owner was doing regular maintenance by replacing lighting "like for like" then they would not have to meet the new standards. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Deflaven, seconded by Supervisor Fisher, the Board approved the ordinance amendment regarding outdoor lighting standards. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits — Part 101 pertaining to proposed revisions to Section 165 - 101.02, Definitions and word usage, and Chapter 165, Zoning, Article 11, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific uses, Part 201 — Supplementary Use Regulations, pertaining to the addition of outdoor lighting standards, was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on August 28, 2008 and May 20, 2009; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on July 15, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on August 12, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits — Part 101 is amended to add new definitions to Section 165- 101.02, Definitions and word usage, and Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific uses, Part 201 — Supplementary Use Regulations is amended to add outdoor lighting standards. This amendment is amended as described on the attachment. §165-201.07. Outdoor Lighting Standards. The purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts of glare, light trespass and overlighting; promote safety and security; and encourage energy conservation. A. Application and General Provisions. 1. Except as provided in F of this Section, these standards shall apply to the installation of new outdoor lighting fixtures or the replacement of existing fixtures. Replacement of a fixture shall mean a change of fixture type or change to the mounting height or location of the fixture. Routine lighting fixture maintenance, such as changing lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar components, shall not constitute replacement and shall be permitted provided such changes do not result in a higher foot - candle output. B. General Outdoor Lighting Standards. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 0 All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained to shield adjacent properties and to not produce glare onto adjacent properties or road right -of -ways. Parking lot fixtures and light fixtures on buildings shall be full cut -off fixtures. Within residential developments the Zoning Administrator may approve alternate parking lot fixtures so long as the intent of this ordinance is met. 2. Flashing, revolving, or intermittent exterior lighting visible from any property line or street shall be prohibited. Directional fixtures for advertisement purposes, such as but not limited to high intensity beams, lasers or strobe lights shall be prohibited. When permitted, directional fixtures shall be installed or aimed so that they do not shine skyward and to ensure that the light source is not visible from adjacent properties or road right -of -ways. Light fixtures, including mounting base, shall not be more than twenty -five (25) feet in height above finished grade. On land in the Ml (Light Industrial), M2 (Industrial General) and EM (Extractive Manufacturing) Zoning Districts that is contained within an approved master development plan, the Zoning Administrator may allow light fixtures to exceed 25 feet in height if additional security is required, provided that the site is not adjacent to property used for residential or agricultural uses. In no case shall light fixtures in the M1, M2 and EM Districts exceed 45 feet in height. 4. Light fixtures shall be placed outside of the paved areas of a site. Lighting fixtures shall be placed within landscaped islands or in the perimeter green space of the site. The Zoning Administrator may allow light fixtures to be placed in alternative locations for uses such as motor vehicle display areas or storage areas so long as the intent of this ordinance is met. 5. Building mounted or wall pack lighting fixtures shall not be mounted more than twenty -five (25) feet above the finished grade of the building. These fixtures shall be shielded (full- cutoff) so that the light source is not visible from adjacent properties or road right -of -ways. Non - cutoff wall pack lighting fixtures shall not be permitted. 6. All lighting shall be oriented not to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets. 7. Lighting used to illuminate flags, statues, signs or any other objects mounted on a pole, pedestal or platform, spotlighting or floodlighting used for architectural or landscape purposes, shall consist of full cut -off or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the object intended to be illuminated. Directional control shields shall be used where necessary to limit stray light and to ensure that no light source is visible from or causes glare on adjacent properties or road right -of- ways C. Photometric Plan Requirements 1. A Photometric Lighting Plan shall be submitted and approved in conjunction with any site plan required by Article XIX or Subdivision Design Plan as required by Chapter 144 of the Frederick County Code. Photometric plan submitted with site plans shall be current (less than 60 days old) and must be certified by the National Council on Qualifications for the Lighting Professions (NCQLP), or a Virginia licensed professional engineer, architect, landscape architect or land surveyor. 2. All such required plans shall include the following: a) Plans indicating the location on the premises of all lighting fixtures, both proposed and already existing on the site, including a schematic layout of Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 = proposed outdoor lighting fixture locations that demonstrate adequate intensities and uniformity, and the light coverage resulting from the proposed lighting layout. b) Description of all lighting fixtures, both proposed and existing, which shall include but are not limited to catalog cuts and illustrations by manufacturers that describe the equipment, including, lamp types, wattage and initial lumen outputs, glare control devices, lamps, proposed placement of all fixtures, including engineering detail of fixtures, manufacturer, model and installation of same. c) Photometric data, such as that furnished by manufacturers, or similar showing the angle cut -off light emissions and glare- control devices. d) Mounting height of all fixtures. D. Outdoor Lighting Standards for Nonresidential Uses. The average maintained lighting levels for nonresidential uses shall not exceed the following standards, unless a lower limit is set forth in this subsection: a) Five (5) foot - candles for parking lots and loading areas. b) Ten (10) foot - candles along fronts of buildings and along main drive aisles. c) Twenty (20) foot - candles for high security areas, such as, but not limited to teller machines (ATM's), motor vehicle display areas and vehicle fuel station canopies, but not including parking lots. 2. Light fixtures under fuel station canopies or any other canopy shall consist of full cut- off lighting fixtures where the light source is either completely flush or recessed within the underside of the canopy. The portions of the canopy not included in the sign area shall not be illuminated. All canopy lighting shall be recessed sufficiently so as to ensure that no light source is visible from or causes glare on adjacent properties or road right -of -ways. 3. Lighting levels shall not exceed 0.2 foot - candles at any common property line with property zoned, used as or planned for residential or agricultural uses. In addition all light poles shall be equipped with supplemental opaque shielding on the residential property side of the lighting fixture to reduce glare caused by direct light source exposure. 4. Lighting levels shall not exceed 5.0 foot - candles at any common property line with property zoned or used for commercial or industrial uses, and at any edge of a property line adjacent to a road right -of -way. E. Outdoor Lighting Standards for Multifamily Uses and Residential Parking Lots. The average maintained lighting levels for multifamily developments shall not exceed 0.5 foot - candles at property line boundaries, except as follows: a) 0.2 foot - candles at any property line boundary with property zoned, used, or planned for residential or agricultural purposes; and b) Five (5) foot - candles at any edge of a property line adjacent to a road right -of -way. 2. The average maintained lighting levels at buildings, parking lots, and other areas besides at property line boundaries set forth in paragraph 1 of this subsection shall not exceed ten (10) foot - candles. F. Lighting Standards for Recreational Facilities in all Zoning Districts. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 ME 1. Lighted recreational facilities shall conform to the requirements set forth in the most current editions of the Illuminating Engineering Society of North America (IESNA) RP -6 Recommended Practice for Sports and Recreational Area Lighting and the IESNA Lighting Handbook. Appropriate lighting criteria shall be selected based on the Class of Play of the facility and participants as defined by the IESNA. 2. No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. except to conclude a specific activity or tournament, which is in progress under such illumination prior to 11:00 p.m. 3. Lighting fixtures shall be installed to meet the criteria of a cutoff fixture and shall include internal and/or external glare control louvers. 4. Initial lighting levels shall not exceed the target levels specified by the IESNA by more than 30% to account for light loss factors such as lamp lumen depreciation and luminaire dirt depreciation. 5. All light fixtures /light poles shall be set back a minimum of one foot for every foot in height from any residential or agricultural property line or road right -of -way. G. Exemptions from Lighting Ordinance. The following lighting is exempt from the provisions of this section: 1. Lighting fixtures and standards required by the Federal Communications Commission, Federal Aviation Administration, Federal and State Occupational Safety and Health Administrations, or other federal or state agencies, to include street lights within a public or_private right -of -way. 2. Outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia Department of Transportation or other emergency response agencies to perform emergency or construction repair work, or to perform nighttime road construction on major thoroughfares. 3. Lighting located on properties developed with residential uses (unless regulated by Section E) or agricultural uses, including but not limited to residential security lighting controlled and activated by motion sensors or timing devices. 4. Lighting for holiday decorative purposes located on property used for residential purposes. 5. Lighting for civic activities, fairs or carnivals, provided that the lighting is temporary. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101— General Provisions §165- 101.02. Definitions and word usage. Foot - Candle — A measure of light falling on a surface. One (1) foot -candle is equal to the amount of light generated by one (1) candle shining on one (1) square foot surface located one (1) foot away. Foot -candle measurements shall be made with a photometric light meter with a specified horizontal orientation. Foot - Candle (Average Maintained) — The average of a number of points of foot - candle calculations or foot -candle readings in a given area which have been adjusted to account for maintenance which includes luminaire dirt depreciation and lamp lumen depreciation. Glare - The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends on such factors as the size, position, brightness of the source, and on the brightness level to which the eyes are adapted. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 !: Lighting Fixture — A complete lighting unit consisting of the lamp, lens, optical reflector, housing and an electrical components necessary for ignition and control of the lamp, which may include a ballast, starter and/or photo control. Lighting Fixture, Directionally Shielded — A lighting fixture which emits a light distribution where some light is emitted at or above a horizontal plan located at the bottom of a fixture. Such fixtures may contain visors, louvers, or other types of shields or lenses which are designed to direct light onto a target area and to minimize stray light. Lighting fixture, full cut -off - A lighting fixture from which zero (0) percent of its light output is emitted at or above ninety (90) degrees from horizontal (a horizontal plane drawn through the bottom of the light fixture) and no more than ten (10) percent above eighty (80) degrees from the horizontal. Light fixture, recessed canopy — An outdoor lighting fixture recessed into a canopy ceiling so that the light source is either completely flush or recessed within the underside of the canopy. Light Trespass — Unwanted light going beyond the property line and spilling over onto the adjacent or neighboring property. It can also represent the direct light (glare) that reduces a person's vision or ability to see. Maintained Li htin Level — A level of illumination which results when the initial output of the lamp is reduced by certain light loss factors. Such light loss factors typically include lamp depreciation and dirt accumulation on lenses and other light fixtures components. For the purpose of this Chapter, the maintained lighting level shall represent an average foot - candle level measured over a specified area. Passed this 12 day of August 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT — CHAPTER 165 ZONING ARTICLE IV SUPPLEMENTARY USE REGULATIONS SUBSECTION 36 LANDSCAPING REQUIREMENTS. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO REMOVE LANDSCAPING REQUIREMENTS AS THEY PERTAIN TO THE RA (RURAL AREAS) DISTRICT. — APPROVED AS RECODIFIED CHAPTER 165 ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS SECTION 165- 203.01 Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff has been directed to prepare a Zoning Ordinance amendment to remove the landscaping requirements contained in §165-203.01 as it pertains to the RA (Rural Areas) District. Currently this section of the Zoning Ordinance states that residential developments which require a preliminary sketch plan must provide one of three types of landscaping (street trees, ornamental, or tree preservation). She went on to say staff has prepared a revision to section §165-203.01 to remove the landscaping requirements from the RA District. She concluded by saying the Planning Commission recommended approval of the proposed Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 ordinance amendment. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the ordinance amendment to remove landscaping requirements as they pertain to the RA (Rural Areas) District. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific uses, Part 203 — Buffers and Landscaping (165- 203.01 Landscaping Requirements), was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meeting; and WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on May 28, 2009; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on July 15, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on August 12, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific uses, Part 203 — Buffers and Landscaping (165- 203.01 Landscaping Requirements) is amended to remove the landscaping requirements of major rural subdivisions and rural preservation subdivisions. This amendment is amended as described on the attachment. This ordinance shall be in effect on the day of adoption. § 165- 203.01. Landscaping requirements. The requirements of this section are intended to enhance the appearance, environment and general welfare of the citizens of Frederick County by providing minimum landscaping standards and encouraging tree preservation for residential developments. A. Residential developments. Residential developments which require a master development plan, subdivision design plan, or site plan or- pr-eliminmy subdivision skete plan -shall provide at least one of the three types of landscaping identified below. (1) Street tree landscaping. Street tree landscaping shall require one street tree for every 40 feet of street frontage in a residential development, with the exception of a — frontage on roads which require a road efficiency buffer. Street trees shall be planted no more than 20 feet from rights -of -way. Planting street trees on the property lines of building lots should be avoided. Two or more street trees shall be planted on each building lot. The Zoning Administrator may allow fewer than two street trees for an individual building lot if topographical features, utilities, easements or the width of the lot makes it impractical to do so. All street trees shall comply with the Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 "i requirements of § 165 - 203.0113, with the exception that street trees must be at least two -and- one - half -inch caliper at the time of planting. (2) Ornamental landscaping. (a) Ornamental landscaping shall be provided for residential developments based on the following index and matrix: Required Landscaping Per Dwelling Unit Lot Type Ornamental Shrubs Ornamental Trees A E Index of lot Types Lot Type Description 10 per 1 unit a n t n A E Single - Family Detached Rural Traditional B D Single - Family Detached Traditional C L Single- Family Detached Urban D F Single - Family Detached Cluster E G Single - Family Detached Zero Lot Line F-44 Single - Family Small Lot G-I Duplex H 3 Multiplex I K Atrium House J L Weak -Link Townhouse KM Townhouse L N Garden Apartment Required Landscaping Per Dwelling Unit Lot Type Ornamental Shrubs Ornamental Trees A E None 10 per 1 unit B D 10 per 1 unit 5 per 1 unit C L 10 per 1 unit 5 per 1 unit D F 10 per 1 unit 5 per 1 unit E G 10 per 1 unit 5 per 1 unit F44 15 per 1 unit 5 per 1 unit G4 15 per 1 unit* 5 per 1 unit* HJ 3 per 3 units* 1 per 3 units* I K 3 per 4 units* 1 per 4 units* JL 6 per 5 units* 2 per 5 units* KM 6 per 5 units* 2 per 5 units* L N 3 per 2 units* 1 per 2 units* Note: *Required ornamental trees and shrubs are in addition to all trees and shrubs elsewhere required in the Zoning Ordinance. (b) Ornamental trees and shrubs shall comply with the requirements of § 165- 203.01 B. The Zoning Administrator may allow some of the required ornamental trees and ornamental shrubs to be planted in areas of common open space so long as the intent of the section is met. (3) Tree preservation landscaping. An area with a tree canopy coverage, of at least 25% of the entire site area, shall be preserved within dedicated open space. In no case shall individual building lots be located within the open space. Canopy coverage shall be calculated from the cumulative total of existing tree canopies. Preserved trees shall be clustered together to maintain a contiguous canopy; and shall be protected from construction activity. These areas of open space may be counted towards the total required open space, as specified in § 165- 402.07. Residential developments which are not required to have open space by § 165 - 402.07 are not exempt from creating open space for the required canopy coverage. The calculation of tree canopy shall be based on either the individual tree standards of the "Manual of Wood Landscape Plants," written by Michael A. Dirr, or through a comprehensive analysis of existing tree drip lines, Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 O EM * conducted by a Virginia certified engineer, land surveyor or landscape architect. Passed this 12 day of August, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT — CHAPTER 165 ZONING, ARTICLE IV SUPPLEMENTARY USE REGULATIONS, SUBSECTION 37, BUFFER AND SCREENING REQUIREMENTS. REVISIO TO THE FREDERICK COUNTY ZONING ORDINANCE TO MODIFY THE LANDSCAPE ELEMENTS, REQUIRED BUFFERS, BUFFER MOD IFICATIONS AND WAIVERS AND OM DISTRICT ADDITIONS. — APPROVED AS RECODIFIED CHAPTER 165 ZONING ARTICLE II SUPLEMENTARY USE REGULATIONS PARKING BUFFERS AND REGULATIONS FOR SPECIFIC USES SECTION 165- 203.02 BUFFERS AND LANDSCAPING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised buffer and screening requirements in Frederick County are contained in §165-203.02 of the Zoning Ordinance. This section of the ordinance regulates the width and content of zoning district buffers as well as where they are required and when they can be waived or modified. Specifically, the revisions would address: §165-203.02 B, Screening, Landscape Screening; § 165- 203.02 D, Zoning District Buffers; § 165- 203.02 D Zoning District Buffers, Waivers; and §165-203.02, other minor revisions including references to the new OM (Office Manufacturing Park) District. Supervisor DeHaven asked what happens when a new use is proposed. Senior Planner Perkins responded the new use would have to put in the new buffer. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Lofton, seconded by Supervisor Dove, the Board approved the ordinance amendment to modify the landscape elements, required buffers, buffer modifications, waivers, and OM District additions. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article Il, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific uses, Part 203 — Buffers and Landscaping (165- 203.02 Buffer and Screening Requirements), was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 1100 regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on May 28, 2009; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on July 15, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on August 12, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific uses, Part 203 — Buffers and Landscaping (165- 203.02 Buffer and Screening Requirements) is amended to revise the Buffer and Screening Requirements. This amendment is amended as described on the attachment. This ordinance shall be in effect on the day of adoption. § 165- 203.02. Buffer and screening requirements. It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be buffered from other types in order to ensure a desirable living environment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads. A. Distance buffers. Distance buffers are based on the nature of an activity and the proximity to an activity of a different nature. They are linear distances measured from property lines inward. Part of the buffer must be inactive and part may be active. The inactive portion begins at the adjoining property line, as shown in the example diagrams. (2) Active distance buffer. This portion of a buffer area may not be encroached by a building or other principal structure or activity. However, accessory activities, such as parking, are permitted in this area. Active buffers shall not contain road rights -of -way. Amt in the same general vieiffit� B. Screening. Screening is designed to work with distance buffers to lessen the impact of noise or visual interaction between adjacent activities. There are two levels of screening: landscape screening and full screening. The higher the levels of screening provided, the lower the level of distance buffer required. The example diagrams show how this works. (1) Landscape screening. A landscape screen consists of a totally landscaped easement at least 10 feet in depth; it is encouraged that the plantings to be spaced appropriately within the inactive buffer. Within the easement, there shall be a minimum landscaping density of three plants per 10 linear feet. The buffer shall consist of a combination of 113 deciduous trees. 113 evergreen trees and 113 shrubs Deciduous trees shall be planted at a minimum of 2" caliper, evergreen trees shall be a minimum of 4' in height and shrubs shall be 18" in height at time of planting , and they shall be a t least f ou feet in height at planning and intended to r-eaeh a fninimum height of six feet at ma There shall be a4 least thfee speeies of plants, with the majority being evefgr-eens and a4 (2) Full screen. A full screen provides all the elements of a landscape screen and also includes a six - foot -high, opaque hedge, fence, wall, mound or berm. A 50 foot strip of Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 I mature woodlands woodland stTip of `n � ° may be allowed as a full screen. As with of th f ii th 1 Pl ann i n g ,,., en t . be oa by t he r,.,.;�� .,a t h e fequir-emef4 may be ehanged to maintain highway sight distanees. t V1111111JJ V� D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: (a) Buffer categories: (b) Buffer categories to be provided on land to be developed according to the zoning of the adjoining land: Zoning of Land To Be Zoning of Adjoining Land Developed RP Distance Buffer Required R5 M111 B1 Inactive Active Total Ml Screening (Minimum) (Maximum) - Catep-ory A Provided Ful feet feet (feet A A A A A R4 - - - 50 A No screen 25 25 B Full Screen 25 25 50 B Landscape screen 75 25 100 B No screen 150 50 200 C Full screen 75 25 100 C Landscape screen 150 50 200 C No screen 350 50 400 (b) Buffer categories to be provided on land to be developed according to the zoning of the adjoining land: Zoning of Land To Be Zoning of Adjoining Land Developed RP R4 R5 M111 B1 B2 B3 OM Ml M2 EM RP - - - - A A A A A A A R4 - - - - A A A A A A A R5 - - - - A A A A A A A MH1 C C C - B B B B B A A B1 B B B B - - A A A A A 132 B B B B - - A A A A A 133 C C C C B B - - - - - OM C C C C B B - - - - - M1 C C C C B B - - - - - M2 C C C C B B B B B - - EM C C C C B B B B B - - MS C C C C B B B B B B C A A A C B B C C C C C (4) Whenever land is to be developed in the B3, OM, M1 or M2 Zoning District that is adjacent to land primarily used for residential purposes in the RA Rural Areas Zoning District, a C Category buffer shall be provided on the land to be developed. (6) The Plaming Genwnissie Zoning Administrator may waive any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district in which the development is occurring and in the adjoining zoning districts. (7) The Zoning Administrator may waive, reduce and/or modify buffer yard requirements (distance and landscaping) if in his opinion the topography of the lot providing the buffer yard and the lot being protected is such that the required yard would not be effective. The buffer may also be modirled to maintain highway sight distances. • . RTar.M Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 09 (8) Land proposed to be developed in the OM (Office - Manufacturing Park), the Ml Light Industrial District and the M2 Industrial General District may be permitted to have a reduced buffer distance that is consistent with the required side or rear building setback line, provided that the following requirements are met: Passed this 12' day of August, 2009 by the following recorded vote: Richard C. Shickle Aye M E (8) Land proposed to be developed in the OM (Office - Manufacturing Park), the Ml Light Industrial District and the M2 Industrial General District may be permitted to have a reduced buffer distance that is consistent with the required side or rear building setback line, provided that the following requirements are met: Passed this 12' day of August, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT — CHAPTER 165 ZONING ARTICLE X BUSINESS AND INDUSTRIAL ZONING DISTRICTS SUBSECTION 82E. REVISION TO THE FREDERICK COUNTY ZONING ORDINANCE TO ADD STANDARD INDUSTRIAL CLASSIFICATION (SIC) 208 — BEVERAGES, TO THE PERMITTED USES IN THE M1 (LIGHT INDUSTRIAL) DISTRICT. — APPROVED AS RECODIFIED CHAPTER 165 ZONING, ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS, SECTION 165- 606.02 ALLOWED USES Senior Planner Candice Perkins appeared before the Board regarding this item. She advised Frederick County received a request to add Standard Industrial Classification (SIC) 208 to the permitted uses in the M1 (Light Industrial) Zoning District. SIC 208 includes the following: 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), and Flavoring Extracts and Flavoring Syrups (SIC 0287). She went on to say the M1 District currently only allows SIC 2086 and 2087 as permitted uses. SIC 208 in its entirety is permitted in the M2 (Industrial General) District. The Planning Commission discussed this item at their June 17, 2009 meeting and agreed that portions of SIC 208 may be Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 In appropriate, but expressed concern over allowing Malt Beverages and Malt (SIC 2082 and 2083) in the M1 District due to odor. The Board discussed this item at their June 24, 2009 meeting and requested additional information regarding the need to exclude SIC 2082 and 2083. SIC 208, in its entirety, was forwarded to the Planning Commission for public hearing. She noted staff received correspondence for the Winchester - Frederick County Economic Development Commission regarding this proposed use, which stated no issues regarding odor associated with malt operations were identified. She concluded by saying the Planning Commission recommended approval of this ordinance amendment. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Dove, seconded by Vice - Chairman Ewing, the Board approved the ordinance amendment to add Standard Industrial Classification (SIC) 208 — Beverages to the permitted uses in the MI (Light Industrial) District. WHEREAS, An ordinance to amend Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, Part 606 — M1 Light Industrial District (165- 606.02), was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meetings; and WHEREAS, The Development Review and Regulations Committee (DRRC) recommended approval of this amendment on May 28, 2009; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on July 15, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on August 12, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165, Zoning, Article VI, Business and Industrial Zoning Districts, Part 606 — MI Light Industrial District (165- 606.02) is amended to add SIC 208 - Beverages to the permitted uses in the M1 (Light Industrial) District. This amendment is amended as described on the attachment. § 165- 606.02 Allowed Uses. Standard Industrial 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 special trade contractors Manufacturing as follows: - Dairy products 202 Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 X• Canned, frozen and preserved fruits, vegetables and 203 soup mixes Bakery products 205 Sugar and confectionary products 206 Beverages 208 Miscellaneous food preparations and products, 209 excluding the following: 25 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 283 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 Motor freight transportation and warehousing 42 Transportation by air 45 Transportation services 47 Communication facilities and offices, including 48 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 -2004] 5199 Restaurants 58 Linen supply [Added 8 -24 -2004] 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 -2004] Produce weighting service [Added 8 -24 -20041 7389 Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 094 Salvaging of damaged merchandise not engaged in sales 7389 [Added 8 -24 -2004] Aye 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 -2004] 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 -2004] 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 This ordinance shall be in effect on the day of adoption. Passed this 12 day of August, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye PUBLIC HEARING - ORDINANCE AMENDMENT — CHAPTER 165, ARTICLE XV FLOODPLAIN DISTRICTS. REVISIONS TO THE FREDERICK COUNTY ZONING ORDINANCE TO COMPLY WITH THE 2009 FLOOD INSURANCE STUDY AND THE FLOOD INSURANCE RATE MAP FOR FREDERICK COUNTY — APPROVED AS RECODIFIED CHAPTER 165 ZONING, ARTICLE VII OVERLAY DISTRICTS PART 702 — FP FLOODPLAIN DISTRICTS Senior Planner Candice Perkins appeared before the Board regarding this item. She advised Article VII, part 702 of the Frederick County Zoning Ordinance, Floodplain Districts, is the portion of the ordinance that lays out the various floodplain districts and the uses and disturbance permitted within various districts. She went on to say FEMA has developed new Flood Insurance Rate Maps and Frederick County is required to adopt a floodplain ordinance that is compliant with the state and federal requirements. Staff prepared revisions to the Floodplain District section that are in conformance with the Department of Conservation and Recreation's (DCR) model ordinance. She concluded by saying the Planning Commission recommended approval of the ordinance amendment. Supervisor Lofton asked if a district boundary were to change is there a notification process whereby property owners are informed of this change. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 95 Senior Planner Perkins responded that she was not familiar with properties that were not in the floodplain suddenly being located within the floodplain. Chairman Shickle convened the public hearing. There were no citizen comments. Chairman Shickle closed the public hearing. _.__ Upon a motion by Vice - Chairman Ewing, seconded by Supervisor Fisher, the Board approved the ordinance amendment to comply with the 2009 Flood Insurance Study and the Flood Insurance Rate Map for Frederick County. WHEREAS, an ordinance to amend Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits — Part 101 pertaining to proposed revisions to Section 165- 101.02, Definitions and word usage, and Chapter 165, Zoning, Article VII, Overlay Districts, Part 702 — FP Floodplain Districts, for revisions to the FP Floodplain Districts, was considered by the Planning Commission and the Development Review and Regulations Committee (DRRC) during their regularly scheduled meetings; and WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on June 25, 2009; and WHEREAS, the Planning Commission held a public hearing on this ordinance adoption on August 5, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on August 12, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the adoption of this ordinance to be in the best interest of the public health, safety, welfare, and in good zoning practice. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors the Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits — Part 101 pertaining to proposed revisions to Section 165- 101.02, Definitions and word usage, and Chapter 165, Zoning, Article VII, Overlay Districts, Part 702 — FP Floodplain Districts, for revisions to the FP Floodplain Districts. This amendment is amended as described on the attachment. ARTICLE VII OVERLAY DISTRICTS Part 702 - FP Floodplain Districts § 165- 702.01. Purpose. The purpose of these provisions are to prevent the loss of life and property, the creation of health and safety hazards the disruption of commerce and governmental services the extraordinary and unnecessary expenditure of public funds for flood protection and relief and the impairment of the tax base by: A. Regulating uses activities and development which alone or in combination with other existm�_) or future uses activities and development will cause unacceptable increases in flood heiWits, velocities and frequencies: Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 elm B. Restricting or prohibiting certain uses activities and development from locating within districts subject to flooding, C. Requiring all those uses activities and developments that do occur in flood - prone districts to be protected and/or flood- proofed against flooding and flood darnage. and, D. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. § 165 - 702.02. Applicability. These provisions shall apply to all lands within the jurisdiction of Frederick County and identified as being in the 100 -year floodplain by the Federal Insurance Administration. § 165 - 702.03. Compliance and Liability A. No land shall hereafter be developed and no structure shall. be located, relocated, constructed reconstructed enlarged or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable regulations which apply to uses within the jurisdiction. of this chapter. B. The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man -made or natural causes such as ice jams and bridge openings restricted by debris. This chapter does not imply that districts outside the floodplain district, or that land uses pennitted within such district, will be free from flooding or flood damages. C. Records of actions associated with administering this chapter Shall be kept on file and maintained by the Frederick County Zoning Administrator. D. This chapter shall not create liability on the part of Frederick County or any officer or - enT�loyee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. § 165- 702.04. Abrogation and Greater Restrictions This chgpter supersedes any ordinance currently in effect in flood -prone districts. However, any underlving ordinance shall remain in full force and effect to the extent that its provisions are more restrictive than this chapter. § 165- 702.05. Severability If any section subsection paragraph sentence clause or phrase of this chapter shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this chapter. The remaining portions shall remain in full force and effect; and. for this purpose, the provisions of this chapter are hereby declared to be severable. § 165 UL Basis for delineation OVeFlay eone . § 165- 702.06. Description of Districts A. Basis of districts. The various floodplain districts shall include areas subject to inundation by waters of the one - hundred -year flood. The basis for the delineation of these districts shall be the Flood Insurance Rate Maps (FIRM) for Frederick County prepared by the Federal Emergency Management Agency Federal Insurance Administration, dated September 2, 2009, as amended. (1) The Floodway District is delineated for purposes of this article using the criteria that certain areas within the floodplain must be capable of carrying the waters of the one - hundred I ooZ year flood without increasing the water surface elevation of that flood more than one (D foot at any point. The areas included in this Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 097 District are specifically defined in Table 2 of the above - referenced Flood Insurance Study and shown on the accompanying Flood Boundary and Floodway Map or Flood Insurance Rate Maps. (2) The Flood Ringe Distfiet shall be that area of the one htmdr year fleedplain not it e ed i l d D t ' t. The Special Floodplain District shall be VM 111 the V 1 F those areas identified. as an AE Zone on the mans accompanying; the Flood Insurance Study for which one hundred (100 flood elevations have been provided. The basis for the outermost boundary of this district shall be the one- hundred -year flood elevations contained in the flood profiles of the above- referenced Flood Insurance Study and shown on the accompanying Bleed Betindar and Fleedway Map. Flood Insurance Rate Maps. (3) The Approximated Floodplain District shall be those areas identified as an A Zone on the maps accompang the Flood Insurance Studies that —fle area for- whieh ne detailed flood pfefiles or- elevations afe pfevided, btA Where a In these zones. no detailed flood profiles or elevations are provided but the one hundred (100) -year floodplain boundary has been approximated S eas afe shown on the R eed instir-anee Rate Maps (as pfepar-ed by the United States Depaftment ef Heusi and Urban Development, Feder-a! insufanee v uvaa L , , In deted'm ni g the rC�S§nij E'leya6e 35 - thep},}Teses of this aniele, ethef setffees of data may be used sueh as: lAmended 8 12 19924 ( Cor En (b) United States Geelegieal Survey flood pr-ene quadr-angles. la , (_d) Kne high ma t f1 �sJ av vua gh ai a aaaua �o uvn d , (e) -- Other- seurse� B. Overlay concept. (1) The floodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Maps, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions. (2) Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, those pertaining to the floodplain districts shall apply. (3) In the event that any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions shall remain applicable. • . § 165 - 702.07. Flood Insurance Rate Map. The boundaries of the Special Flood Hazard Area and Floodplain Districts are established as shown on the Flood Boundary and Fleedway Ma Flood Insurance Rate Map which are by reference made a part of this a#iele. chapter and which shall be kept on file at the Frederick County offices. § 165 113. § 165- 702.08. District boundary changes. The delineation of any of the floodplain districts may be revised by Frederick County where natural or man -made changes have occurred and/or more detailed studies conducted or undertaken by the United States Army Corps of Engineers or other qualified agency or individual documenting the necessity for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. § 165- 702.09. Interpretation of District Boundaries Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 098 Initial interpretations of the boundaries of the Floodplain Districts shall be made by the Zoning Administrator. Should a dispute arise concerning the boundaries of any of the Districts, the Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the District boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires. § 165 - 702.10. Permit and Application Requirements A. Permit Requirement All development and /or construction activities occurring within any floodplain district shall be undertaken only upon the issuance of a permit. Such development and /or construction activities shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and regulations, as amended such as the Virginia Uniform Statewide Building; Code (VA USBC), the Frederick County Zoning and Subdivision Ordinances and the Erosion and Sediment Control Ordinance Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable state and federal. laws [Inder no circumstances shall anv use activity, development and /or construction activities adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch or anv other drainage facility or system. 1. In circumstances where a permit is not required all development and/or construction activities occurring within anv floodplain district shall be undertaken only upon approval bby the Zoning Administrator. B. Alteration or Relocation of _a Watercourse. Prior to any proceed alteration or relocation of any channel or of any watercourse within this jurisdiction a permit shall be obtained from the U S Armv Cog2s of Engineers the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint pen application is available from any one of these organizations). Further notification of the proposal Shall . be given to all adjacent jurisdictions the Division of Dam Safety and Floodplain Management (Department of Conservation and Recreation) and the Federal Insurance Administration. C. Site Plans and Permit Applications. All applications for development within any floodplain district and all building pen issued for the floodplain shall incorporate the following information: 1. The elevation of the Base Flood at the site. 2. 'The elevation of the lowest floor (including basement). ;. For structures to be flood - proofed (non - residential only), the elevation to which the structure will be flood- proofed. 4. 'rhe elevation of the one- hundred -year flood. 5. Topographic information showing existing and proposed ground elevations. § 165- 702.11. General Standards for all Special Flood Hazard Areas. in all special flood hazard areas the following provisions shall apply: A. New construction and substantial improvements shall be according to the VA USBC. and anchored to prevent flotation. collapse or lateral rnovernent of the structure. Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of arrchoring may include. but are not limited to_ use of over -the -top or frame ties to round anchors This standar shall be in add ition to and _ wi th - .- applicab stat requirements for resisting; wind forces. New_ constructio and substantial improvements shall b const ructed with materials and._uti.l.ity equipment resistant to flood damage. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 1111 D. New construction or substantial improvements shall be constructed by methods and practices that mini floo dam aLe. E. Electrical, heating ventilation plumbing air conditioning equipment and other service facilities including duct work shall be designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding F. New and replacement water supply Systems shall be desirmed to minimize or eliminate infiltration of flood waters into the system. G. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters H. On -site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding I. Any alteration, repair reconstruction or improvements to a building that is in compliance with the provisions of this chapter shall meet the requirements of "new construction" as contained in this chapter. J. Any alteration repair reconstruction or improvements to a building that is not in compliance with the provisions of this chanter shall be undertaken only if said non conformity is not furthered extended, or replaced. K. :Prior to any proposed alteration or relocation of anv channels or of any watercourse stream etc within this jurisdiction a permit shall be obtained from the U S Corps of Engineers the Virginia Department o f Environme Oualiiy,.Aqd the Nit nia Marine R esources Comm Furthermore notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and F IoocRIau� Management andthe Federal_ Insurance Adniirlistration. L. The flood carrying capacib within an altered or relocated portion of any watercourse shall be maintained. § 165- 702.12. Specific Standards In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated according to §165-702.13A the following provisions shall apply A. Residential Construction New construction or substantial improvement of any residential structure (includin manufactured homes') shall hav_e_the_lowest.,...B « or,, includin basement, elevated no lower than one (1) foot above the base flood elevation B. Non - Residential C New construction or substantial improvement of any commercial industrial or non-residential buildrRg_(gE_ji)anufactured home shall have the lowest f loor, inc luding basemen ele vated to no lower than one (1) foot above the base flood elevation Buildings located in all A and AF _ zones may be flood- proofed in lieu of being elevated provided that all areas of the building components below the e levat ion corresp to the _Bl_E_P one foot are wa ter tight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A re �stered professional engineer or architect shall certifv that the standards of this Subsection are satisfied. C. Elevated Buildings Enclosed areas of new construction or substantially imp roved structures, which are below the regulatory flood protection elevation shall: 1. Not be designed or used for human habitation but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 0 maintenance equipment (standard exterior door) or entry to the living area (stairway or elevator). 2. Be constructed entirely of flood resistant materials below the regulatory flood protection elevation; 3. Include in Zones A AO and AE measures to automatically equalize hydros flood forces on wails by allowing; for the entry and exit of floodwaters. To meet this requirement the openings must either be certified by a professional engine or architect or meet the following minimum design criteria: a. Provide a minimum of two openings on different sides of each enclosed area subject to flooding. b. The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding. c. If a building has more than one enclosed area each area must have ope nings to allow floodwaters to automatically enter and exit. d. The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade. e. Openings may be equipped with screens louvers or other opening coverings or devices provided they pen the automatic flow of floodwaters in both directions. f. Foundation enclosures made of flexible skirting are not considered enclosures for regulator purposes and therefore do not require openings Masonry or wood underpinning regardless of structural status is considered an enclosure and requires openings as outlined above. D. Standards for Manufactured Homes and Recreational Vehicles All m anufactured h om es pl aced, . o sub stantia lly im on individual lots or parcels. in expansions to existing manufactured home parks or subdivisions in a new manufactured home park or subdivision or in an existing manufactured home park or subdivision on which a manufactured: home h_as... substantial .damage as the r esult of a_flood must meet all the requirements for new construction including the elevation and anchoring requirements in 165-702.1 IA throuali 13 and § 165- 702.12A. 2. Ail manufactured homes placed or substantially improved in an existing manufactured home park or subdivision in which a manufactured home has not incurred substantial damage as the result of a flood shall elevated so that either a. The lowest floor of the manufactured home is elevated no lower than one (1) foot above the base flood elevation: or b. The ma nufactur ed ho c hassis isSUpported_ rein forced piers or foundation elements of at least equivalent strength that are no less than 36 inches in height above grade c. And be securely anchored to the adequately anchored foundation system to resist flotation collakse and lateral movement. 3. All recreational vehicles placed on sites mist either: a. be on. th site fo r fewe than 180 consecuti day b. be fully licensed and ready for highwav use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system is attached to the site only quick disconnect type utilities and security devices and has no permanently attached additions). or, c. Meet all the requirements for manufactured homes in § 165- 702.12D. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 101 § 165 - 702.13. Standards for the Floodway District The foll owing prov isions shal ap )I , k vithin the Floodway District: A. E ncroachments, including fill, new construction, substantial improvements or other development, shall be prohibited unless certification (with supporting technical data) by a registered professional engineer i5 provided demonstrating that encroachments shall not result in anv increase in flood levels during occurrence of the base flood Development activities which increase the water surface elevation of the base flood may be allowed, provided that the developer first applies with the Frederick Countys endorsement, for a conditional Flood. Insurance Rate Map and floodway revision and receives the approval of the Federal Emergency Management Agency The following uses shall also be permitted in the Floodway District• i. Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming and wild crop harvesting. ii. Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching and swimming areas, hiking and horseback riding trails, wildlife and natural preserves, game farms, fish hatcheries, trap and skeet game ranges and hunting and fishing areas. iii. Accessory residential uses, such as yard areas, gardens, play areas and pervious loading areas. B. If Section � 165- 702.15A is satisfied all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter C. The t�lacement of manufactured homes (mobile homes) is prohibited except in an existing manufactured home (mobile home) park or subdivision A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met D. In the Floodway District, a conditional use permit shall be required for accessory industrial and commercial uses such as yard areas pervious parking and loading areas airport landing strips and other similar uses and activities provided that they cause no increase in flood heights and /or velocities. All uses activities and structural developments shall be undertaken in strict compliance with the floodproofin� provisions contained in all other applicable codes and regulations § 165 - 702.14. Standards for the Special Floodplain District The following provisions shall apply within the Special Floodplain District: Until ar regulatory floodwav is designated no new construction substantial improvements or other development (including fill) shall be permitted within the areas of special flood hazard designated as 'Zones A and AE on the Flood Insurance Rate Map unless it is demonstrated that the cumulative effect of the proposed development when combined with all other existing; and Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 s § 165 - 702.14. Standards for the Special Floodplain District The following provisions shall apply within the Special Floodplain District: Until ar regulatory floodwav is designated no new construction substantial improvements or other development (including fill) shall be permitted within the areas of special flood hazard designated as 'Zones A and AE on the Flood Insurance Rate Map unless it is demonstrated that the cumulative effect of the proposed development when combined with all other existing; and Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 102 anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within Frederick County. Development activities in Zones A and AE, on the Frederick County Flood Insurance Rate Map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the developer or applicant first applies, with Frederick County's endorsement, for a conditional Flood Insurance Rate Map revision., and receives the approval of the Federal Emergency Management Agency. § 165 Standards for Approximated Floodplain District The following provisions shall apply with the Approximate Floodplain District: A. The Approximated Floodplain District shall be that Floodplain area for which no detailed flood profiles or elevations are provided, but where a one hundred (100)-year floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the Flood Insurance Study. For these areas, the one hundred (1 . 00) -year flood elevations and floodway information from federal, state, and other acceptable sources shall be used. when available. Where the specific one hundred (100)-year flood elevation cannot be determined for this area using other sources of data, such as the U. S. Army Corps of Engineers Floodplain Information Reports. U. S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use developmentt and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hvdrolo�),ic and hydraulic analyses shall be undertaken only by professional engineers o others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc.., shall be submitted in sufficient detail to allow a thorough review by the Frederick County Engineer. B. When such base flood elevation data is utilized, the lowest floor shall be one (1) Im above the base flood elevation. During the permitting process, the developer or applicant shall obtain: 1) The elevation of the lowest floor (including the basement) of all new and substantially improved structures; and, 2) If the structure has been flood-proofed in accordance with the requirements of this article, the elevation to which the structure has been flood-proofed. § 165-702.16. Standards for Subdivision Proposals A. All subdivision proposals shall be consistent with the need to minimize flood damage, B. All subdivision proposals shall have public utilities and facilities such as sewer, --as. electrical and water systems located and constructed to minimize flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. § 165 114. Use limitations; required appr-ovaU. A. All uses, aetivities and development ithin any fleedplain dist-Fiet shall b-e undeitaken enly upen the issuanee of a building pefmit. &ueh development shal under- undeftaken only in s4i eta omplianee with the provisions of this el apter and with. all fegulatiens, to inelude eemplianee with all appheable state and federal laws. B. Under- no eir-eamstanees shall any tise, aetivity or- development adver-sely affeet t eapaeity of the ehannels or- fleedways ef any wa4er-eeur-se, drainage diteh of any atheir- drainage faeifity or- system. C. Pf!ier- to pfelposed alteration or- r-eleea4iea ef any ehannels er- any wa4er-eeufse, str-eam ete., within this jufisdiefien, a peffnit shall be obtained from the United Sta4es Affny Corps of Engineers, the Vir-ginia Siate Watef CapAfel Board and the Virginia N4 Reseufees Ceffifflissien (a jeifA applieation available ffem any ef these or-gmiza4i&fts* Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 103 Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 ON - , or — Kom „ ,,. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 ON . — — — Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 ON Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 04 § 165 -120. § 165- 702.17. Design criteria for utilities and facilities. A. New sanitary sewer facilities and private package sewage treatment plants (including all pu mping stations and collector systems) are prohibited in the Fleedwa , Peed Fringe and Fleea.,lain Distriets Special Flood hazard Areas and Floodplain Districts. B. Replacement sanitary sewer facilities and private package sewer treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. C. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the systems and be located and constructed to minimize or eliminate flood damages. D. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from building and on -site waste disposal sites. The Board of Supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. E. All utilities, such as gas lines, electrical and telephone systems, being placed in flood - prone areas should be elevated (where possible) and constructed to minimize the change of impairment during a flooding occurrence. § X655 -12: § 165- 702.18. Factors to be considered in granting variances. A. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter and consider the following additional factors: (1) The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development or activity within any Floodway District that will cause any increase in the one - hundred -year flood elevation. (2) The danger that materials may be swept on to other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 i OW § 165 -120. § 165- 702.17. Design criteria for utilities and facilities. A. New sanitary sewer facilities and private package sewage treatment plants (including all pu mping stations and collector systems) are prohibited in the Fleedwa , Peed Fringe and Fleea.,lain Distriets Special Flood hazard Areas and Floodplain Districts. B. Replacement sanitary sewer facilities and private package sewer treatment plants (including all pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment. C. All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the systems and be located and constructed to minimize or eliminate flood damages. D. All storm drainage facilities shall be designed to convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from building and on -site waste disposal sites. The Board of Supervisors may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. E. All utilities, such as gas lines, electrical and telephone systems, being placed in flood - prone areas should be elevated (where possible) and constructed to minimize the change of impairment during a flooding occurrence. § X655 -12: § 165- 702.18. Factors to be considered in granting variances. A. In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter and consider the following additional factors: (1) The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development or activity within any Floodway District that will cause any increase in the one - hundred -year flood elevation. (2) The danger that materials may be swept on to other lands or downstream to the injury of others. (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners. (5) The importance of the services provided by the proposed facility to the community. (6) The requirements of the facility for a waterfront location. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 105 (7) The availability of alternative locations not subject to flooding for the proposed use. (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (9) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area. __. I (10) The safety of access by ordinary and emergency vehicles to the property in time of flood. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site. (12) The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (13) Such other factors which are relevant to the purposes of this article. B. The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to the County Engineer for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. C. Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in unacceptable or prohibited increases in flood heights, additional threats to public safety or extraordinary public expense; and will not create nuisances, cause fraud or victimization of the public or conflict with local laws or ordinances. D. Variances shall be issued only after the Board of Zoning Appeals has determined that -a the variance will be the minimum required to provide relief f ems.. afty hardship to t he appheapA. E. The Board of Zoning Appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the one - hundred -year flood elevation increases the risks to life and property and will result in increased premium rates for flood insurance. F. A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. § 165- 702.19. Existing Structures in Floodplain Areas. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: A. Existing structures in the Floodway Area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation. B. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any flood plain areas to an extent or amount of less than fifty (50) percent of its market value shall be elevmed and/or- fleedpreefed to the greatest Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 106 conform to the VA tJSBC. C. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and /or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with the provisions ef this ai4iele and the Virgini this chanter and shall requir the entire structure to conform to the VA [JSBC. § 165- 702.20. Penalties for Violations. A. Any person who fails to comply with any of the requirements or provisions of this article or directions of the Zoning Administrator or any authorized employee of' Frederick County shall be guilty of a misdemeanor and subject to the penalties outlined in §165- 101.08 of this Chapter. B. In addition to the above penalties all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of or noncompliance with this article shall not excuse the violation or noncompliance or permit it to continue all such. persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed reconstructed enlarged altered or relocated in noncompliance with this article may be declared by Frederick County to be a public nuisance and abated as such Flood insurance may be withheld from. structures constructed in violation of this article. ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101— General Provisions §165- 101.02. Definitions and word usage. BASE FLOOD ONE HUNDRED ED YEAR PLAN AA flee that, avc µbe is like!) to oe eiffif fl vE eaf j A dd 4 - 12 >< Tfte flood havink a one percent chance of beim equaled or exceeded in any zii year. BASE FLOOD ELEVATION (BFE) — The Federal Emergency Management Agency designated one - hundred -year surface water elevation BASFMFNT - Anv area of the building having its floor sub -grade (below ground level) on all sides. ELEVATED BUILDING - A non - basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls. pilings, or columns (posts and piers). ENCROACHMENT - With respect to a floodplain an encroachment shall be the advance or infringement of uses plant growth, fill excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site r� adin, or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MAN[FACTURED HOME ]'ARK OR SUBDIVISION - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 10 of streets, and either final site Trading or the pouring of concrete pads). FI,OOD OR FLOODING 1. A general or temporary condition of partial or complete inundation of nonnally dry land areas from (a) the overflow of inland or tidal waters; or (b) the unusual and rapid accumulation or runoff of surface waters from. any source. The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining; caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water. accompanied by a severe storm, or by an unanticipated force of nature such as flash flood. or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph 1 (a) of this definition. 3. Mudflows which are proximately caused by flooding as defined in paragraph 1 and 2 of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally) dry land areas, as when earth is carried by a current of water and deposited along the path of the current. FLOOD INSURANCE RATE MAP (FIRM) — An official map of a community on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS) — An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and detennination of mudflow and /or flood - related erosion hazards. FLOODPLAIN OR FLOOD -PRONE AREA - Any land area susceptible to being inundated by water from any source A rel fi lee land a a dd ,: i — o t - r - �.., o .,t - ur r� s f equeney of onee pe 0 0 , inn y ears. FLOODPROOFING — Any combination of structural and non- structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FREEBOARD - A factor of safety usually sually expressed in feet above a flood level for poses of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC S"1RUCTURE, - Any structure that is Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 W0 1. listed individually in the National Register of Efistoric Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. certified or preliminarily determined by the Secretary of the :Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualif y as a registered historic district; 3. individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, 4. individually listed on a local. inventory of historic places in communities with historic preservation programs that have been certified either (a) by an approved state program as determined by the Secretary of the Interior; or, (b) directly y the Secretary of the Interior in states without approved programs. LOWEST FLOOR - The lowest floor of the lowest enclosed area (including basement). An unfinished or flood - resistant enclosure, usable solely parking of vehicles, building access or storage in an area other than a basement area is not considered a building , s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements of Federal Code 44CFR §60.3. MOBILE OR MANUFACTURED HOME — A structure, transportable in one or more sections, which in travel mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet and which is built in a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities. MOBILE OR MANUFACTURED HOME PARK. OR SUBDIVISION - A parcel (or contiguous parcels) of land or a subdivision divided into two or more manufactured home lots for rent or sale. NEW CONSTRUCTION - For the purposes of determining insurance rates, structures for which. the "start of construction " commenced on or after the effective date of an initial Flood Insurance Rate Map on or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management pt�oses, new construction means structures for which start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR S1IBDIVISION - A manufactured home ap rk o subdivision for which the construction of facilities for servicing" the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. SPECIAL FLOOD IIALARD AREA - The land in the floodplain subiect to a one 0% p ercent or greater chance of being flooded in any given year as determined in § 165- 702.07. START OF CONSTRUCTION - The date the building permit was issued. provided the actual start of construction, repair, reconstruction rehabilitation addition placement substantial improvement or other improvement was within 180 days of the p ermit date. The actual start Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 im means either the first placement of permanent construction of a structure on a site-, such as the pouring of slab or footings, the installation of piles. the construction of columns, or any work beyond the stage of excavation: or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling= nor does it include the installation on. the property of accessory buildings. such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of the construction means the first alteration of any wall, ceiling,, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE -- For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground as well as a manufactured home. Structure, for insurance rating purgoses. means a walled and roofed building, other than a ag s or liquid storage tank, that is principally above ground and affixed to a permanent site as well as a manufactured home on a permanent foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on n the premises. VIOLATION - For floodplain management purposes, violation includes the failure of a structure or other development to be fully compliant with. the community's flood plain management regulations. A structure or other development without the elevation certificate other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. WATERCOI.JRSE - A lake, river, creek., stream wash channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Passed this 12 day of August, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye OTHER PLANNING ITEMS: REZONING 903 -09 OF WALGREENS -DAIRY CORNER PLACE, SUBMITTED BY PATTON HARRIS RUST & ASSOCIATES, TO REZONE 3.1 ACRES FROM RP (RESIDENTIAL PERFORMANCE) DISTRICT TO B2 (BUSINESS GENERAL) DISTRICT AND 0.9 ACRES FROM B2 TO B2 DISTRICT, TOTALING 4 ACRES TO B2 (BUSINESS GENERAL) DISTRICT, WITH PROFFERS, FOR COMMERCIAL USES. THE PROPERTIES ARE LOCATED AT THE SOUTHEASTERN CORNER OF THE INTERSECTION OF BERRYVILLE PIKE (ROUTE 7) AND VALLEY MILL ROAD (ROUTE 659), ADJACENT TO DAIRY CORNER PLACE, AND ARE IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3- A, 54F -3 -Al, 54F -3 -A2, AND 54F- A -112C IN THE RED BUD MAGISTERIAL DISTRICT. (VOTE POSTPONED FROM JULY 22, 2009 BOARD MEETING.) - APPROVED Deputy Planning Director Michael Ruddy appeared before the Board regarding this item. He advised the Board had conducted a public hearing on this item, but postponed action in order to allow the Board more time to evaluate the request. The property is located at the intersection Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 110 of Valley Mill Road and Route 7. He noted the Board' s prior discussions focused on the future use of Dairy Corner Place and level of service concerns on the adjacent roads and intersections. Supervisor Lemieux apologized to the applicant for not being prepared to deal with this application at the last meeting. Upon a motion by Supervisor Lemieux, seconded by Supervisor Dove, the Board approved Rezoning #03 -09 Walgreens -Dairy Corner Place. WHEREAS, Rezoning #03 -09 of Walgreens -Dairy Corner Place, submitted by Patton Harris Rust & Associates, to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District with Proffers, totaling 4 acres, with proffers dated September 4, 2008, last revised on June 29, 2009, for Commercial Uses (including a Pharmacy), was considered. The properties are located at the southeastern corner of the intersection of Berryville Pike (Route 7) and Valley Mill Road (Route 659) adjacent to Dairy Corner Place, in the Red Bud Magisterial District, and are identified by Property Identification Numbers 54F -1 -9, 54F -1 -9A, 54F -A -30, 54F -3 -A, 54F -3 -A1, 54F -3 -A2, and a portion of 54 -A- 112C. WHEREAS, the Planning Commission held a public hearing on this rezoning on June 17, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 22, 2009 and a public meeting on August 12, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to rezone 3.1 acres from RP (Residential Performance) District to B2 (General Business) District and 0.9 acres from B2 to B2 District with proffers, totaling 4 acres, with proffers for Commercial Uses (including a Pharmacy). The conditions voluntarily proffered in writing by the applicant and the property owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 12 day of August, 2009 by the following recorded vote: Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION — FABRICATED METAL PRODUCTS (SIC 3482 & 3484) IN THE MI DISTRICT — (RESOLUTION #007 -09) - SENT FORWARD FOR PUBLIC HEARING Senior Planner Candice Perkins appeared before the Board regarding this item. She advised Frederick County received a request to add portions of Standard Industrial Classification (SIC) 34 — fabricated metal products to the permitted uses in the M1 (Light Industrial) Zoning Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 District. The request is for the inclusion of the following: SIC 348 (Fabricated metal products, Ordinance and Accessories, Except Vehicles and Guided Missiles) would permit the following in the M1 District: • Small Arms Ammunition (30 mm— 1.18 inch or less), (SIC 3482) • Small Arms (30 mm— 1.18 inch or less), (SIC 3484) She noted this use would be regulated by the Frederick County Inspections Department and the Fire Marshal's office. She concluded by saying staff is seeking comments and direction from the Board on this proposed amendment. Supervisor Lofton asked how much gun powder could be stored on site and inquired about the blast impact zone, etc. Senior Planner Perkins referred that question to the Fire and Rescue Chief Tim Welsh. Chief Welsh responded the Fire Code addresses the amount of gun powder that can be stored on site, along with type of storage, building standards, etc. Vice - Chairman Ewing asked if this use was permitted in any other zoning districts. Senior Planner Perkins responded this use is allowed in the M2 district. Upon a motion by Vice - Chairman Ewing, seconded by Supervisor DeHaven, the Board sent this item forward for public hearing. WHEREAS, the Frederick County Planning Department has been directed to prepare modifications to Chapter 165, Zoning, Article VI — Business and Industrial Zoning Districts, Part 606 — for provisions to add portions of SIC 3482 and 3484 (Small Arms Ammunition and Small Arms) to the permitted uses in the M1 Light Industrial Zoning District. WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of this amendment on June 25, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on August 5, 2009 and recommended that a public hearing be held; WHEREAS, the Frederick County Board of Supervisors finds that in the public necessity, conveniences, general welfare, and good zoning practice, directs the Frederick County Planning Commission hold a public hearing regarding amendments to Chapter 165, Zoning, Article VI — Business and Industrial Zoning Districts, Part 606 — for provisions to add portions of SIC 3482 and 3484 (Small Arms Ammunition and Small Arms) to the permitted uses in the Ml Light Industrial Zoning 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, Article VI — Business and Industrial Zoning Districts, Part 606 — for provisions to add portions of the SIC 3482 and 3484 (Small Arms Ammunition and Small Arms) to the permitted uses in the Ml Light Industrial Zoning District. Passed this 12' day of August, 2009 by the following recorded vote: Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 112 Richard C. Shickle Aye Bill M. Ewing Aye Charles S. DeHaven, Jr. Aye Gary W. Dove Aye Gene E. Fisher Aye Philip A. Lemieux Aye Gary A. Lofton Aye DISCUSSION — REVISIONS TO COUNTY CODE, SECTION 165 -26 FOR SECONDARY OR ACCESSORY USE STANDARDS. — APPROVED UNDER CONSENT AGENDA, RECODIFIED SECTION 165- 201.05 SECONDARY OR ACCESSORY USES — (RESOLUTION #008 -09) WHEREAS, the Frederick County Planning Department has been directed to prepare revisions to Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits — Part 101 pertaining to proposed revisions to Section 165- 101.02, Definitions and word usage, and Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses — Part 201, pertaining to proposed revisions to Section 165- 201.05, Secondary or Accessory Uses. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of these amendments on April 23, 2009; and WHEREAS, the Planning Commission discussed the draft ordinances on June 17, 2009 and recommended that a public hearing be held; and WHEREAS, the Joint Work Session with the Board of Supervisors and the Planning Commission recommended approval of these amendments on July 27, 2009; and 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 revisions to Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits — Part 101 pertaining to proposed revisions to Section 165- 101.02, Definitions and word usage, and Chapter 165, Zoning, Article Il, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses — Part 201, pertaining to proposed revisions to Section 165- 201.05, Secondary or Accessory Uses. 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, Article I, General Provisions, Amendments, and Conditional Use Permits — Part 101 pertaining to proposed revisions to Section 165- 101.02, Definitions and word usage, and Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses — Part 201, pertaining to proposed revisions to Section 165- 201.05, Secondary or Accessory Uses. Passed this 12 day of August, 2009. This item was approved under the consent agenda. DISCUSSION — REVISIONS TO C OUNTY CODE, SECTION 165 -27 FOR PARKING LOT STANDARDS. — APPROVED UNDER CONSENT AGENDA RECODIFIED CHAPTER 165, ARTICLE I, GENERAL PROVISIONS, AMENDMENTS AND CONDITIONAL USE PERMITS, SECTION 165-101.02, DEFINITIONS AND WORD USAGE; ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES, SECTION 165- 202.01 OFF - STREET PARKING; PARKING LOTS. — RESOUTION #009 -09 WHEREAS, the Frederick County Planning Department has been directed to prepare revisions to Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 Use Permits — Part 101 pertaining to proposed revisions to Section 165 - 101.02, Definitions and word usage, and Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses — Part 201, pertaining to proposed revisions to Section 165- 201.05, Secondary or Accessory Uses. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of these amendment on April 23, 2009; and WHEREAS, the Planning Commission discussed the draft ordinances on June 17, 2009 and recommended that a public hearing be held; and WHEREAS, the Joint Work Session with the Board of Supervisors and the Planning Commission recommended approval of these amendments on July 27, 2009; and 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 revisions to Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits — Part 101 pertaining to proposed revisions to Section 165- 101.02, Definitions and word usage, and Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses — Part 201, pertaining to proposed revisions to Section 165- 201.05, Secondary or Accessory Uses. 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, Article I, General Provisions, Amendments, and Conditional Use Permits — Part 101 pertaining to proposed revisions to Section 165- 101.02, Definitions and word usage, and Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses — Part 201, pertaining to proposed revisions to Section 165- 201.05, Secondary or Accessory Uses. Passed this 12' day of August, 2009. This item was approved under the consent agenda. DISCUSSION — DEFINITION OF ATTACHED DWELLINGS. — APPROVED UNDER CONSENT AGENDA, RECODIFIED CHAPTER 165, ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS, SECTION 165- 101.02 DEFINITIONS AND WORD USAGE — (RESOLUTION #010 -09) WHEREAS, the Frederick County Planning Department has been directed to prepare revisions to Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits, Part 101 — General Provisions, pertaining to proposed revisions to Section 165- 101.02, Definitions and word usage. WHEREAS, the Development Review and Regulations Committee (DRRC) recommended approval of this amendment on May 28, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on June 17, 2009 and recommended that a public hearing be held; and WHEREAS, the Joint Work Session with the Board of Supervisors and the Planning Commission recommended approval of this amendment on July 27, 2009; and 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 revisions to Chapter 165, Zoning, Article I, General Provisions, Amendments, and Conditional Use Permits, Part 101 — General Provisions, pertaining to proposed revisions to Section 165- 101.02, Definitions and word usage. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 114 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, Article I, General Provisions, Amendments, and Conditional Use Permits, Part 101 — General Provisions, pertaining to proposed revisions to Section 165- 101.02, Definitions and word usage. Passed this 12 day of August, 2009. This item was approved under the consent agenda. DISCUSSION — NEW TRADITIONAL NEIGHBORHOOD DESIGN (TND) DISTRICT. — NO ACTION TAKEN Senior Planner Candice Perkins appeared before the Board regarding this item. She advised staff prepared a proposed new zoning district titled the "Traditional Neighborhood Design" or TND District. This proposed ordinance implements a lot of the Comprehensive Plan changes which were recently adopted. Supervisor Dove stated he read this proposed ordinance three times and he knows the intent, but he kept having problems with how this proposal would actually work because there are so many restrictions. He asked if this proposal had been sent out to the development community and, if so, have they said it will work. If it has not been sent out, could we ask the development community to review it and provide feedback? He concluded by saying he was uncomfortable sending this item forward for public hearing in its current form. Senior Planner Perkins responded it had been sent out and staff did receive a number of comments. She went on to say it was revised again after the discussion at the Planning Commission. The responses from the development community stated no major concerns about this proposal working or any major restrictions. Supervisor Dove stated he would like to have the development community show what can be designed under this proposal. Supervisor Lofton stated he had received feedback as well and those he has heard from like the concept, but they have some of the same concerns as Supervisor Dove. He concluded by saying he was not sure their concerns have been addressed. Supervisor DeHaven thought staff had done an outstanding job addressing the various comments; however, if there was any hesitation on the Board's part or if they felt this item needed further discussion, he would support that. Chairman Shickle stated he did not think this proposal would be used and he did not want to "make" people do it. Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 115 Supervisor Fisher thought this was a good concept, but wanted to know how the Board will get the feedback it needs. Supervisor Lemieux stated he was concerned this proposal will not get used if the restrictions are too tight. Planning Director Eric Lawrence stated staff would try to get comments from the engineering community and share them with the Board of Supervisors. Chairman Shickle asked staff to share those names with the Board so those individuals could be contacted. Supervisor Dove thanked staff for their work on this effort. The Board took no action on the recommendation. DISCUSSION — REVISIONS TO COUNTY CODE, SECTION 144-18,19, AND 33 FOR SIDEWALKS, PEDESTRIAN WALKWAYS AND STREETLIGHTS. — APPROVED UNDER CONSENT AGENDA — (RESOLUTION #012 -09) WHEREAS, the Frederick County Planning Department has been directed to prepare revisions to Chapter 144, Subdivision of Land, Article V, Design Standards, Subsection 18 Sidewalks and Pedestrian Walkways, Subsection 19 Streetlights and Subsection 33 Commercial and Industrial Design Standard Exemptions. WHEREAS, the Development Review and Regulations Subcommittee (DRRS) recommended approval of these amendments on April 23, 2009; and WHEREAS, the Planning Commission discussed the draft ordinance on June 17, 2009 and recommended that a public hearing be held; and WHEREAS, the Joint Work Session with the Board of Supervisors and the Planning Commission recommended approval of these amendments at their meeting on July 27, 2009; and 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 revisions to Chapter 144, Subdivision of Land, Article V Design Standards, Subsection 18 Sidewalks and Pedestrian Walkways, Subsection 19 Streetlights, and Subsection 33 Commercial and Industrial Design Standard Exemptions. 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 144, Subdivision of Land, Article V Design Standards, Subsection 18 Sidewalks and Pedestrian Walkways, Subsection 19 Streetlights, and Subsection 33 Commercial and Industrial Design Standard Exemptions. Passed this 12 day of August, 2009. This item was approved under the consent agenda. ROAD RESOLUTION ( #013 -09) — GOVERNOR'S HILL — ARMORY ACCESS ROAD — APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Form AM -4.3, fully incorporated herein by reference are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 116 WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Form AM -4.3 to the secondary system of state highways, pursuant to 33.1 -229, Code of Virginia, and the Department's Subdivision Street Requirements and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right -of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. This item was approved under the consent agenda. BOARD LIAISON REPORT There were no Board liaison reports. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS Administrator Riley advised the Lord Fairfax Health Director would like to meet with the Board to provide an update regarding the H 1 N 1 virus. He stated staff was looking at either September 9 or 23 at 5:30 p.m. prior to the Board's regular meeting. He concluded by saying staff would update the Board regarding the County's continuity of operations plan. Supervisor Lemieux stated the Zoning Administrator had been busy this summer dealing with tall grass complaints in residential areas; however, there are no provisions for dealing with tall grass in commercial districts. He asked about amending the County Code to address this MIS W Administrator Riley responded staff would check to see if this could possibly be addressed under the existing nuisance ordinance in the County Code. Supervisor Lemieux stated that if the County Code needed to be changed in order to address this then we should work on that. A lFbInT TR N UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR DOVE, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09 117 THIS MEETING IS HEREBY ADJOURNED. (8:38 P.M.) Richard C. Shickle Chairman, Board of Supervisors o . Riley, Jr. erk, Board of Supervisors Minutes Prepared By: . Jay El TiVbs Deputy Clerk, Board of Supervisors Minute Book Number 35 Board of Supervisors Regular Meeting of 08/12/09