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004-12
Action: BOARD OF SUPERVISORS: July 25, 2012 @ APPROVED ❑ DENIED RESOLUTION DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165 ZONING AND CHAPTER 144 SUBDIVISION OF LAND CHAPTER 165 ZONING ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS AND REGULATIONS FOR SPECIFIC USES PART 201 SUPPLEMENTARY USE REGULATIONS 165 - 201.02 SETBACK REQUIREMENTS, 165- 201.03 HEIGHT LIMITATIONS; EXCEPTIONS, 165 - 201.06 SIGNS, 165-201.07 OUTDOOR LIGHTING, 165 - 201.08 PROTECTIONS OF ENVIRONMENTAL FEATURES 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 - 204.06 FLEX -TECH USES, 165-204.11 LANDFILLS, JUNKYARDS, TRASH DISPOSAL AND INOPERABLE VEHICLES, 165-204.14 SEWAGE TREATMENT FACILITIES, 165 - 204.19 TELECOMMUNICATION FACILITIES, COMMERCIAL, 165 - 204.21 TRUCK OR FLEET MAINTENANCE FACILITIES AND TRUCK RENTAL AND LEASING FACILITIES, WITHOUT DRIVERS, 165 - 204.23 WELDING REPAIR (SIC 7692),165-204.24 TRACTOR TRUCK AND TRACTOR TRUCK TRAILER PARKING, 165 - 204.25 FLEA MARKETS, 165- 204.26 PUBLIC UTILITIES ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 RA RURAL AREAS DISTRICT 165- 401 -02 PERMITTED USES, 165 -401.06 PERMITTED LOT SIZES, 165 - 401.07 SETBACK REQUIREMENTS PART 402 RP RESIDENTIAL PERFORMANCE DISTRICT 165- 402.07 OPEN SPACE REQUIREMENTS, 165 - 402.08 RECREATION FACILITIES, 165 - 402.08 DIMENSINAL REQUIREMENTS PART 403 MHI MOBILE HOME COMMUNITY DISTRICT 165- 403 -04 MOBILE HOME PARKS AND SUBDIVISIONS ARTICLE V PLANNED DEVELOPMENT DISTRICTS PART 501 R4 RESIDENTIAL PLANNED COMMUNITY DISTRICT 165 - 501.06 DESIGN REQUIREMENTS PART 502 R5 RESIDENTIAL RECREATIONAL COMMUNITY DISTRICT 165 - 502.05 DESIGN REQUIREMENTS, 165 - 502.05 PART 504 MS MEDICAL SUPPORT DISTRICT 165 - 504.04 ACCESS REGULATIONS ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS PART 601 DIMENSIONAL AND INTENSITY REQUIREMENTS 165 - 601.03 MINIMUM LANDSCAPED AREA PART 608 EM EXTRACTIVE MANUFACTURING DISTRICT 165 - 608.04 LANDSCAPING PART 609 HE HIGHER EDUCATION DISTRICT 165 - 609.04 BUFFERS AND SCREENING, 165-609.05 HEIGHT LIMITATION ARTICLE VII OVERLAY DISTRICTS PART 704 IA INTERSTATE AREA OVERLAY DISTRICT 165 - 704.05 DISTRICT REGULATIONS PART 705 TNDB TRADITIONAL NEIGHBORHOOD DESIGN BUSINESS OVERLAY DISTRICT 165 - 705.04 USE, DENSITY, DIMENSIONAL AND INTENSITY REGULATIONS, 165 - 705.05 OFF - STREET PARKING; PARKING LOTS, 165- 705.06 DESIGN STANDARDS ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS PART 901 NONCONFORMING USES, STRUCTURES AND SIGNS 165- 901.04 EXPANSIONS AND MODIFICATIONS, 165 - 901.06 RESTORATION OR REPLACEMENT CHAPTER 144 SUBDIVISION OF LAND ARTICLE III GENERAL PROVISIONS 144.4 SUBDIVISION ADMINISTRATOR, 144.5 INTERPRETATIONS AND APPEALS ARTICLE V DESIGN STANDARDS 144.17 STREETS, 14418 SIDEWALKS AND PEDESTRIAN WALKWAYS, 144.19 STREETLIGHTS, 144.21 STORMWATER MANAGEMENT 144.25 UTILITIES AND EASEMENTS WHEREAS, the Frederick County Planning Department has been directed to review all waiver opportunities contained within Chapter 165 Zoning and Chapter 144 Subdivision of Land. WHEREAS, The Development Review and Regulations Committee (DRRC) recommended, on February 23, 2012, this item be forwarded to the Planning Commission and Board of Supervisors; and WHEREAS, the Planning Commission was presented with the proposed changes at a joint work session on May 10, 2012; 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 an amendment to Chapter 165 and Chapter 144 concerning all waiver opportunities. 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 all waiver opportunities contained within Chapter 165 Zoning and Chapter 144 Subdivision of Land as set forth in the heading of this Resolution. Passed this 25th day of July, 2012 by the following recorded vote: This resolution was approved by the following recorded vote; Richard C. Shickle, Chairman A y e Gary A. Lofton Aye Ross P. Spicer Aye Bill M. Ewing A y e Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Christopher E. Collins Aye A COPY ATTEST Jo` Riled, Jr. " F e rick County Administrator BOS Res. #004-12 COUNTY of FREDERICK n �� Department of Planning and Development MEMO M FAX: 54 0/ 665 -53 54 635 -63995 5 To: Frederick County Board of Supervisors From: Candice E. Perkins, A1CP, Senior Planner Subject: Discussion — Zoning and Subdivision Ordinance Waivers Date: June 26, 20112 Staff has been asked to review all waiver opportunities contained within the Zoning and Subdivision Ordinances. The review of these waivers is due partly to the fact that staff has been informed that the Code of Virginia does not allow the Planning Commission to approve deviations from the ordinances; these are only authorized by the Zoning/Subdivision Administrator or the Board of Supervisors. This review will also ensure that the approving body for each waiver opportunity is appropriate. This item has three attachments: 1. Current Planning Commission Waivers — This attachment shows all current Planning Commission waiver opportunities contained within the Zoning and Subdivision Ordinances. Deletions are shown in strikethrough and additions in bold underlined italics. 2. Current Board of Supervisors Waivers — This attachment shows all current Board of Supervisors waiver opportunities contained within the Zoning and Subdivision Ordinances. Deletions are shown in strikethrough and additions in bold underlined italics (existing Board of Supervisors waivers that remain unchanged are underlined). 3. Current Zoning/Subdivision Administrator Waivers — This attachment shows all current Zoning/Subdivision Administrator waiver opportunities contained within the Zoning and Subdivision Ordinances. Deletions are shown in strikethrough and additions in bold underlined italics (existing waivers that remain unchanged are underlined). The three attachments are shown in a table format with the proposed waiver either being changed to a Board waiver or a Zoning/Subdivision Administrator waiver. Each waiver contains an explanation for the reason for the approving body. With - each waiver, staff has ensured that applications that must be reviewed by the Board of Supervisors or waivers that have the potential to impact surrounding properties, have been changed to show Board waivers and a lications that only require administrative review and approval have __ -been changed to show Zonin -g /Subdivision Administrator approval. 107 North Kent Street, Suite 202 e Winchester, Virginia 22601-5000 Frederick County Board of Supervisors RR Waivers .Tune 26, 2012 Page 2 The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on February 23, 2012. The DRRC recommended approval of the changes and recommended it be sent to the Planning Commission for discussion. The item was then presented to the Planning Commission and the Board of Supervisors at a joint work session on May 10, 2012. At the work session, the reasoning behind the proposed changes was discussed; however, the content was not and the Board of Supervisors directed staff to take the amendment to the Planning Commission for further discussion. The Planning Commission discussed these proposed changes on June 6, 2012; the Commission had no changes and forwarded the items to the Board of Supervisors for Discussion. The attached documents show the existing ordinances with the proposed changes (with strikethroughs for text eliminated and bold italic for text added). This item is presented for discussion. Staff is seeking direction from the Board of Supervisors on this Zoning Ordinance text amendment; attached is a resolution directing the item to public hearing should the Board deem it appropriate. Attachments: 1. Current Planning Commission Waivers 2. Current Board of Supervisors Waivers 3. Current Zoning/Subdivision Administrator Waivers 4. Resolution *Deletions shown in strikethrough and additions shown in bold underlined italics. CEP/bad ATTACHMENT 1 PC Waivers Chapter 165 — Zoning Planning Commission Waivers — Modifications Article II SIIPPLEMFNTARY USE REGULATIONS. PARKING. BUFFERS. AND REGULATIONS FOR SPECIFIC USES £ade Sec#i a mad iPlfa ivw:r Toad ': Ad stmt ve F BOS A �oxr Part 24D S p e aen# r�r Use Rya u =; § 165 - 201.03 Height limitations; exceptions. B. Exceptions to height requirements. X *This waiver has (6) General office buildings in the 132 and B3 Zoning Districts and hotel and motel the ability to buildings in the B2 Zoning District shall be exempt from the maximum height impact adjacent requirement of those zoning districts. In no case shall the height of such residential buildings exceed 60 feet. When such exemptions are proposed adjacent to properties and existing residential uses, the DlaRRiRg G9FRMiSSi«^ Board of Supervisors shall therefore should review the site development plan pursuant to the provisions of § 165- be a BOS 203.02A(3). Waiver. § 165- 201.08 Protection of environmental features. 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: (6) Steep slopes. No more than 25% of steep slopes, as defined, shall be disturbed or regraded. The Zoning Administrator may allow the disturbance of additional small areas where that disturbance will alleviate potential health or safety problems and will not significantly denigrate the overall environmental quality of the site. The Pl ann i ng Q^.,.,.Y,i.-9j May , i'AW thR di u o f ! aFge F @ of steep slopes C. In residential developments, the areas of undisturbed environmental features described in § 165 - 201.086 shall be located in areas of open space. However, the X Zoning Administrator Plann may allow undisturbed areas to be * Subdivision included in the required setback and yard areas on residential lots when the Phase extent, location, and disturbance of environmental areas make it impractical to *Administrative place the undisturbed areas in common open space. In such circumstances, approval 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. Part 202 — Off-Street Parking, Loading arid Access ' § 165 - 202.01 Off - street parking; parking lots. Off- street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights -of -way does not interfere with traffic. (4) Procedure for Adjustments to Parking Requirements. a) Generally, the PlaRRiRg QFAmi«i^^ Zoning Administrator may approve I X Attachment #1 Page - 1 Attachment #1 Page - 2 ATTACHMENT 1 PC Waivers a reduction in required parking spaces. Applications for such a *Site Plan Phase reduction shall be subm to the Zoning Administrator in conjunction *Administrative with a site plan and include the following: approval 1) A parking demand analysis which substantiates the basis for a reduced number of parking spaces. 2) A plan showing how the parking spaces will be provided on the site. 3) An executed covenant guaranteeing that the owner will provide the additional spaces otherwise required, X UPOR Feeemmen 9f the ZGRiRg ^dMiRiStFatGF after thorough * Site Plan Phase investigation by the Zoning Administrator of the actual utilization of *Administrative parking spaces at the building or complex, decides that the approval approved reduction be modified or revoked. Said covenant shall: i. Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof; ii. Be enforceable by the owner, the parties having beneficial use, and their heirs, successors and assigns or both; iii. Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns or both; and iv. Be recorded in the Office of the Clerk of the Circuit Court. 4) § 165- 202.03 Motor vehicle access. A. New driveways. (7) Spacing exceptions. New driveways with entrances on arterial or primary highways which do not meet the above spacing requirements shall be allowed only when access meeting the spacing requirements cannot be provided from the arterial highway to the individual property by using one of the following methods: (b) Shared access. When a lot is created on a collector road or arterial highway, shared means of access to the road or highway shall be created by access easement, shared driveway or other means to ensure that the spacing requirements have been met. [1] When a lot is divided or developed that can be provided with a driveway meeting the spacing requirements but that is adjacent to X other parcels or lots that will not be able to have entrances meeting * Subdivision the spacing requirements, means of highway access to the Phase adjoining property may be required by the Zoning Administrator eF *Administrative Pi@RRiAg GeR:FF� the lot to be divided or developed. approval B, Alternative methods. Attachment #1 Page - 2 ATTACHMENT 1 PC Waivers (1) The Planning GE3Fnffli55iGR Zoning Administrator may allow other means of X motor vehicle access which do not meet the above requirements. Such * Site Plan or means may involve the use of entrances which physically limit or restrict left Subdivision Phase turns, methods which ensure one -way travel or other methods. *Administrative approval D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks X X shall be provided in conformance with adopted corridor or walkway plans or *In the case of a *In the case of a approved master development plans. The NaRRiRg C=9FRPAiSOGR Board ot Site Plan or a rezoning or MDP Supervisors may require additional sidewalks or walkways on master plans or the Subdivision Design the BOS could Zoning Administrator may re wire additional sidewalks or walkways on site Plan the Zoning Administrator require additional plans to promote a general system of pedestrian access in residential neighborhoods or business corridors. could require sidewalks or additional walkways sidewalks or walkways ; 13,uff�rs and,_Lartdsr.�pirrg .. ._.. :, § 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 its 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. (3) Wherever proposed developments are adjacent to or within 1,000 feet of the X boundaries of existing uses, the Pf G E3fH i5SiGR Board of Supervisors *This waiver may require increased or additional distance buffers to separate different would need to uses to achieve the intentions of this section. be imposed at a rezoning or B. Screening. Screening is designed to work with distance buffers to lessen the master impact of noise or visual interaction between adjacent activities. There are two development levels of screening: landscape screening and full screening. The higher the level of phase. screening provided, the lower the level of distance buffer required. The example diagrams show how this works. X *This waiver (3) Wherever proposed developments are adjacent to existing uses, the i would need to Gemaa;ssien Board of Supervisors may require additional landscaping or be imposed at a landscaped easements to separate different uses and to achieve the rezoning or intentions of this section. master development C. Residential separation buffers. Perimeter and interior residential separation phase. buffers shah be established to adequately buffer single- family detached traditional and cluster dwellings from other housing types. The function of the perimeter separation buffer shall be to adequately separate different housing types within adjoining developments, while the interior separation buffer sha31 adequately separate different housing types within mixed -use developments. Attachment #1 Page - 3 ATTACHMENT 1 PC Waivers The requirements for perimeter and interior residential separation buffers are as follows: (3) Interior residential screening. This buffer shall be designated as a continuous landscaped easement that will be placed between single - family detached traditional and cluster dwellings and other housing types. This landscaped easement shall be at least 10 feet in depth and contain a double row of X evergreen trees. Each row of evergreen trees shall be a minimum of four * Site Plan or feet in height at time of planting and spaced no more than eight feet apart. Subdivision Phase If natural barriers, topography or other features achieve the function of an *Administrative interior separation buffer, the requirement may be waived by the iiRg approval GemmissiqR Zoning Administrator D. .Zoning district buffers. Suffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (10) When a flex -tech development is split by a zoning district line, the DF�^; ^g Gemmis Zoning Administrator may allow for a reduction of the distance buffer and the relocation of the screening requirements. Such modifications X shall be allowed at the DTs Zoning Administrators discretion, * Site Plan Phase provided that all of the following conditions are met: *Administrative approval (a) The zoning district boundary line for which the modification is requested is internal to the land contained within the master development plan. (b) The required landscape screen is relocated to the perimeter of the flex - tech development. This relocated landscape screen shall contain the same plantings that would have been required had the screen been placed along the zoning district boundary line. E. Road efficiency buffers. (3) All road efficiency buffers shall contain evergreen trees intended to reach a minimum height of 20 feet at maturity. These evergreen trees shall provide a continuous screen, with plantings spaced no more than 10 feet apart. The full - distance buffer shall contain a double row of evergreen trees that are a minimum of four feet in height when planted. The reduced4stance buffer shall contain an earth berm that is six feet in X height above the average road grade and shall contain a single row of * Site Plan or evergreen trees that are a minimum of four feet in height when planted. Subdivision Phase Alternative landscaping may be permitted near entrance drives to ensure *Administrative safe sight distances. The "'mining GeMR"''°'^^ Zoning Administrator may approval allow for alternative designs which meet the intent of the section in the event of topography or sight distance constraints. part 2(14 , Adcitt�onal,ltgulait7ans for,j�ecl#►c Uses § 165 - 244.06 Flex -tech uses. C. All flex -tech developments shall adhere to a site plan that has been approved by the Frederick County Zoning Administrator and complies with the requirements set forth in this chapter and to the following flex -tech design standards: (2) Site layout requirements. Attachment ##1 Page - 4 ATTACHMENT 1 PC Waivers (a) Loading bays. [1] All loading bays shall be located so that they are not visible from road rights -of -way. All loading bays shall be screened from view by the building, landscaping, walls or decorative fencing. 12] Except during the process of loading or unloading, trucks and trailers shall not be parked outside the building, unless parked in screened areas not visible from adjacent road rights -of -way or properties. [3] The Plawiing r,,.,.,.,., ".r,,,., Zoning Administrator may waive any and X all of the loading bay location and screening requirements when a * Site Plan Phase site is bordered by two or more road rights -of -way. In no case shall a *Administrative loading bay be visible from an arterial or collector road, as identified approval by the Frederick County Comprehensive Policy Plan. § 165 - 204.11 Landfills, junkyards, trash disposal, and inoperable vehicles. Landfills, junkyards, automobile graveyards, dumping and trash heaps shall be permitted only where specifically allowed by the zoning district regulations of this chapter. Where allowed, such uses shall meet all requirements of the Frederick County Code and applicable state and federal regulations. B. A minimum buffer of 600 feet shall be maintained on parcels containing a landfill adjacent to properties containing residences or properties zoned RP Residential X Performance, MH1 Mobile Home Community, R4 Residential Planned *This Community or R5 Residential Recreational Community. Such buffers shall be requirement has along the boundary of the property adjacent to the properties so zoned or the ability to containing the residences. In addition, the ° 99R;F «'^^ Board Of impact adjacent Supervisors may require landscape screening or full screening in the buffer as residential described by this chapter. If a residential development is established adjacent to properties and an existing landfill, a Category C buffer shall be placed on the land containing the therefore should residential development. In no case shall residences be placed within 600 feet of be a BOS a landfill. Waiver. § 165 - 204.14 Sewage treatment facilities. B. A minimum buffer of 600 feet shall be maintained on parcels containing sewage X treatment facilities adjacent to properties containing residences or properties *This zoned RP Residential Performance, MH1 Mobile Home Community, R4 requirement has Residential Planned Community or R5 Residential Recreational Community. Such the ability to buffers shall be along the boundary of the property adjacent to the properties so impact adjacent zoned or containing the residences. In addition, the Pl @nRmRg GerAFAissien Board residential of Supervisors may require landscape screening or full screening in the buffer as properties and described by this chapter. If a residential development is established adjacent to therefore should an existing sewage treatment facility, a Category C buffer shall be piaced on the be a BOS land containing the residential development. In no case shall residences be Waiver. placed within 600 feet of a sewage treatment facility. § 165 - 204.19 Telecommunication facilities, commercial. 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 olaAHiHg Board of Supervisors may reduce the required setback X distance for commercial telecommunication facilities as required by CUP and BOS Attachment #1 Page - 5 ATTACHMENT I PC Waivers § 165- 201.03B(8) of this chapter if it can be demonstrated that the § 165 - 401.02 Permitted uses. Review Required location is of equal or lesser impact. When a reduced setback is Structures and land shall be used for one of the following uses: requested for a distance less than the height of the tower, a certified S. Oil and natural gas exploration, provided that the following requirements are met: Virginia engineer shall provide verification to the PlanRing Gap;missieR (1) All requirements of the Code of Virginia, as amended, and all applicable Board of Supervisors that the tower is designed, and will be federal, state and local regulations shall be met. constructed, in a manner that if the tower collapses for any reason the (2) A site plan shall be reviewed and approved meeting all requirements of the collapsed tower will be contained in an area around the tower with a Frederick County Code. radius equal to or lesser than the setback, measured from the center (3) Approval of the site plan and use shall be for 90 days, with subsequent line of the base of the tower. In no case shall the setback distance be renewals being approved by the P'.,.,. i G.... mi.SGiGR Board of Supervisors. reduced to less than 1/2 the distance of the tower height. Commercial § 165- 401.06 Permitted lot sizes. telecommunication facilities affixed to existing structures shall be The following types of lots shall be permitted: exempt from setback requirements, provided that they are located no C. Rural preservation lots. closer to the adjoining property line than the existing structure. (2) Exception to the Rural Preservation Tract. In cases where excessive X § 165- 204.21 Truck or fleet maintenance facilities and truck rental and leasing X * Subdivision facilities, without drivers. * Site Plan Phase Phase F. The P12RRIRg Gammissien Zoning Administrator may require additional buffers *Administrative *Administrative and screening other than those defined in § 165- 203.02 of this chapter. approval approval § 165 - 204.23. Welding Repair (SIC 7692). made up of two parcels. X A. Welding repair operations in the RA (Rural Areas) District, shall meet the CUP and BOS following requirements: Review Required (1) The PI r.. issioR Board of Supervisors may require buffer and § 165 - 402.07 Open space requirements. screening elements and /or distance when deemed necessary to protect existing adjacent uses. ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS tttl�rn 'aT�x..S•��1T7!T"M } .. .e ,�'•.: e -. .'YR .: :n......+_rt's.. t+ '.✓..».. -.� ,$.a § 165 - 401.02 Permitted uses. Structures and land shall be used for one of the following uses: S. Oil and natural gas exploration, provided that the following requirements are met: (1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local regulations shall be met. X (2) A site plan shall be reviewed and approved meeting all requirements of the Due to the use Frederick County Code. the BOS should (3) Approval of the site plan and use shall be for 90 days, with subsequent renew these renewals being approved by the P'.,.,. i G.... mi.SGiGR Board of Supervisors. plans. § 165- 401.06 Permitted lot sizes. The following types of lots shall be permitted: C. Rural preservation lots. (2) Exception to the Rural Preservation Tract. In cases where excessive X topography or other natural features of a site create a situation where a * Subdivision higher quality subdivision design, resulting in less physical and /or visual Phase disruption could be achieved by allowing two residual parcels to be created, *Administrative the P1 @RRiHg c^.. missieH Zoning Administrator may permit the 60% to be approval made up of two parcels. § 165 - 402.07 Open space requirements. Attachment #1 Page - 6 ATTACHMENT 1 PC Waivers A. A minimum percentage of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. Such open space shall be dedicated to a property owners association or to Frederick County. Open space sh0 be dedicated to Frederick County only with the approval of the Board of Supervisors. The i P X Gernmi Board of Supervisors may allow public libraries and public schools to Master be located within areas designated as common open space, provided that the Development proposed facilities are indicated on the original master development plan for the Plan Review residential development. During the review of the master development plan, the Required NaRRiNg Gemmission Board of Supervisors shall ensure that the location of a proposed public library or public school is appropriate and that adequate buffers, screening and access are provided to prevent negative impacts to adjoining residential uses. Public libraries and public schools shall be dedicated to Frederick County. Developments which contain any of the following housing types shall provide open space as specified below: C. In developments containing only single - family detached urban housing or single - family detached urban housing mixed with single- family detached traditional housing, the required open space may be waived by the Board of Supervisors The X open space requirement shall only be waived when the required open space is Master less than one acre. Sudh A , a_ i yer5 ' hall be gFaRted by the n.r.,giRist ater Development ^lotion by the Planning G^,rmissi Such waiver shall not include open Plan Review space provided to meet environmental requirements. Required § 165 - 442.08 Recreation facilities. 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 X are designed to serve. The design and amount of facilities shall be approved by * Subdivision th Pl aRR i Rg G .........:...."... netien with the Zoning Administrator in Phase conjunction with ,gad the Department of Parks and Recreation, using the following *Administrative recreational unit as a guideline. The design of such facilities shall be approved at approval the time of site plan review. P -4, @ s § 165 - 403.04 Mobile home parks and subdivisions. X C. Streets. Master (2) Private streets in existing mobile home parks. The o G9R4Mi Board Development of Supervisors may allow new sections of existing mobile home parks, which Plan Review are currently served by a complete system of private streets, to be provided Required with access using private streets. In such cases, the private streets must meet the following requirements: ARTICLE V PLANNED DEVELOPMENT DISTRICTS § 165 - 501.06 Design requirements. E. Open space. A minimum of 30% of the gross area of anv proposed development Attachment #1 Page - 7 Attachment 41 Page - 8 ATTACHMENT 1 PC Waivers shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the x development. No more than 50% of the required open space shall be within the Master following environmental areas: lakes and ponds, wetlands or steep slopes. The Development Board of Plan Review Supervisors may allow a larger amount of steep slopes to be utilized where the Required developer can demonstrate a viable plan for the use of these areas. Open space land shall be dedicated to the property owners' association or to Frederick County. Land shall only be dedicated to Frederick County with the approval of the Board of Supervisors. F. Recreational facilities. One recreational unit or equivalent recreational 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 X the Zoning Administrator in * Subdivision with ate the Department of Parks and Recreation. A recreational unit Phase conjunction is designed to meet the recreational needs of 30 dwelling units. The units may be *Administrative broken into smaller units or added together to meet the needs of the planned approval q community. ONO '.' § 165 - 502.05 Design requirements. x D. Commercial areas. Not more than 6% of the gross area of a residential Rezoning /Master recreational community shall be used for commercial uses. Commercial uses Development shall be located in village centers designated on the approved master Plan Review development plan. The Board of Supervisors_ may require Required the submission of a senera^`;�ed master development plan depicting the type and location of uses, access and circulation patterns within identified village centers. § 165 -542.05 Design requirements. F. Open space. A minimum of 35% of the gross area of any proposed development x shall be designated as common open space. This open space shall be for purposes Rezoning /Master of environmental protection and for the common use of residents of the Development development. No more than 50% of the required open space shall be within lakes Plan Review and ponds, wetlands or steep slopes. The Board o Required Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. Where age - restricted communities are approved with private streets, a minimum of 45% of open space shall be required. § 165- 502.05 Design requirements. G. Recreational facilities. One recreational unit or equivalent recreational facilities x shall be provided for each 30 dwelling units. The facilities shall be in a * Subdivision and location that is easily accessible to the dwelling units that they Phase configuration are designed to serve. The design and amount of facilities shall be approved by *Administrative the Zonin Administrator in approval conjunction with apA the Department of Parks and Recreation. When the single - family small lot housing type is used, the requirements of § 165- 402.08, Recreational facilities, shall be met. § 165 - 502.05 Design requirements. 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, B1 or B2 Zoning District according to the uses allowed in those districts. Buffers and screening shall be provided accordingly as specified in §165- 203.02 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. Attachment 41 Page - 8 ATTACHMENT 1 PC Waivers 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, 61 and B2 Zoning Districts. Board of Supervisors 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. § 165 - 601,03 Minimum landscaped area X Rezoning /Master Development Plan Review Required § 165- 502.05 Design requirements. K. Streets. The residential recreational community development shall be provided Minimum landscaped area. In the B2 Business General Zoning District, the I with a complete system of public streets dedicated to the Virginia Department of . Board of Supervisors may require that more than 15% of the area of a Transportation. The road system shall conform with the Frederick County site shall be landscaped in order to meet the intent of this chapter. Comprehensive Policy Plan and with road improvement plans adopted by the County. (1) Within any portion of a residential recreational community which qualifies as an age - restricted community, the PIaRRi^^ C =eFR , i55i °n Board of Supervisors X may allow for the installation of private streets, provided that all streets X conform to the construction details and materials of the Virginia Department Rezoning /Master of Transportation Standards and that a program for the perpetual Development maintenance of all streets is provided which is acceptable to the Gernmissiep Plan Review Board of Sup ervisors and the Transp ortation Planner. Required (2) Within R -5 residential recreation community developments approved prior to 1980, the PlaRHiAg C^rv,..,;SSiOR Board of Supervisors may allow the extension of existing private roads if no other means of access is available. § 165 - 502.05 Design requirements. M. Alternative access. A combined system of pedestrian and /or bicycle access, in the form of paved sidewalks, interior walkways or bike paths, shall be provided to allow walking or bicycling between every use, structure or recreational facility. Such access shall be connected with existing travelways adjacent to the X residential recreational community development. In age- restricted communities, Rezoning /Master at the time of master development plan approval, the PianHiRg Geer it Aen Development Board of Supervisors may allow local streets without sidewalks to be used and Plan Review incorporated into the system of pedestrian and bicycle access. The type and Required nature of trails to be used shall be identified, detailed and approved on the master development plan. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS zi?axt 6 ©;� W,���V�P��Ai /FAi��vf� }I R' 1 P S .F. i.• y} :,.. a 1, a. § 165 - 601,03 Minimum landscaped area X This would need Minimum landscaped area. In the B2 Business General Zoning District, the I to occur at the . Board of Supervisors may require that more than 15% of the area of a rezoning or site shall be landscaped in order to meet the intent of this chapter. master development plan phase. § 165 - 608.04 Landscaping. X This would need Appropriate landscaping or screening may be required by the '^^`^^ AdFRIRIStFatOF Or to occur at the 1212RRing ,-.,...mig&i^^ Board of Supervisors within any required yard setback area in rezoning or order to reasonably protect adjacent uses from noise, sight, dust or other adverse master impacts. development Attachment #1 Page - 9 ATTACHMENT 1 PC Waivers plan phase. s§ 165 - 608.05 Setback and yard requirements. A. Front setback. (2) Excavations shall be no closer than one hundred feet from any road, street or highway right -of -way. The Board o Supervisors may reduce the required front setback for excavation to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the X effective protection afforded to adjacent properties has not been reduced. *All four of these waivers B. Side and rear setbacks. All principle and accessory structures shall be set back at have the ability least 25 feet from any side or rear property boundary. to impact adjacent (1) No structure shall be closer than 100 feet from any property line zoned RA, residential RP, R4, R5 or MH1. The Board of Sui2 ervisors may properties and reduce this required setback to 50 feet if it determines that, through the use therefore should of measures, such as landscaping or screening, the effective protection be a SOS afforded to adjacent properties has not been reduced. waivers. (2) Excavations shall be no closer than one hundred feet from any property zoned RA, RP, R4, R5 or MH1. No excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision. The Pk�R niRg Board of Supervisors may reduce these required setbacks to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. "The DRRC recommended that this waiver option be deleted. ** (3) All crushing or screening machinery shall be set back at least 300 feet from any property boundary. If such equipment is fully enclosed within a building which maintains the effective protection afforded adjacent properties, the Board of Supervisors may reduce this yard requirement to a minimum of 200 feet g..r. 4. ry § 165- 609.04 Buffers and screening. x A. The Zoning Administrator may require distance buffers, as * Site Plan Phase defined in § 165- 203.02A of this chapter, on lots which abut land in any *Administrative district or land in other zoning districts which are predominantly approval residential residential in nature. The size and content of the buffers shall be based on the amount of separation needed. X B. The Zoning Administrator may require landscaped screens * Site Plan Phase or full landscaping, as defined by § 165 - 203.026 of this chapter, to separate uses *Administrative in this district from adjoining residential uses and to achieve the intentions of this approval chapter. ARTICLE VII OVERLAY DISTRICTS § 165- 704.05 District regulations. D. Setback requirements. *This waiver has the ability to Attachment #t•1 Page -10 ATTACHMENT 1 PC Waivers (3) The P l an .,;.,;. G,.-..r. issiaR Board of Supervisors may waive any portion of the impact adjacent setback described in §165- 704.05D(2) if it can be demonstrated that the properties and setback requirement cannot be met due to the irregular size or shape of the therefore should parcel. be a BOS Waiver. ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS § 165 - 901.06 Restoration or replacement. If a legally nonconforming use or structure is destroyed or damaged in any manner, it may be repaired or restored, provided any such repair or restoration is completed within 12 months from the date the legally nonconforming use or structure was destroyed or damaged. The Board of Supervisors DlanniRg Commission may approve a waiver to allow an extension up to 18 months from the date the legally nonconforming use or structure was destroyed or damaged if requested by the owner, All legally nonconforming signs that are destroyed or damaged in any manner may be repaired or restored only if all work is completed within six months from the date the legally nonconforming sign was destroyed or damaged. Chapter 144 —Subdivision of Land Planning Commission Waivers — Modifications X *This waiver has the ability to impact adjacent properties and therefore should be a BOS Waiver, : 2t A § 144.17. Streets. It is the intention of Frederick County, through its Comprehensive Plan and the following standards, to ensure that an adequate network of streets is created which provides multiple access points to subdivisions. All proposed subdivision streets shall be public streets dedicated to Frederick County for eventual acceptance into the state secondary road system and shall meet the following design standards, as well as the X subdivision street requirements of the Virginia Department of Transportation. Where *This wavier conflicts occur, the more restrictive requirement shat1 apply, could constitute D. Intersections. a safety issue (1) Streets shall intersect at approximately right angles. The PlaRRiR g and therefore Ste, Board of Supervisors may allow intersections of lesser should not be angles. In no case shall a street intersect another at an angle of less administrative. than SO degrees. § 144.17. Streets. G. Culs -de -sac. (1) Culs -de -sac, permanently designed as such, shall not exceed 1,000 X feet in length unless required by the Virginia Department of *This wavier Transportation standards for connectivity, The Planning G..w,,, iSsi^„ could constitute Board of Supervisors may waive this requirement in cases where a safety issue extreme topography or other factors make it impractical. In no case and therefore shall the street serve more than 25 lots. The turnaround provided should not be shall have a right -of -way radius of not less than 50 feet and a paved administrative. radius of not less than 45 feet. Loop streets are preferred to cols -de- sac, where possible. [Amended 12 -9 -2009) Attachment #1 Page -11 § 144.17. Streets. L. Curbs and gutters. Curbs and gutters shall be constructed along both sides of all streets in any subdivision containing lot(s) less than 15,060 square feet or lot widths of SD feet or less at the street. The subdivider shall determine the curb cuts necessary for entrance locations for any subdivision that requires curbs and gutters at the subdivision design plan stage. The PlaRg pion Subdivision Administrator may allow for alternatives to curbs and gutters where it is determined that improved stormwater management, such as reduced concentration of peak flow for a drainage shed, would be achieved without it. Such alternatives shall only be oermitted when acceptable to the Subdivision Administrator and when aporoved by the Director of Public Works. ATTACHMENT 1 PC Waivers X * Site Plan or Subdivision Plan Phase *Administrative approval § 144.17. Streets. M. Street signs. Street signs shall be required at all street intersections in all subdivisions. Signs other than those conforming to typical Virginia X Department of Transportation standards may be permitted by the Flag * Site Plan or r Subdivision Administrator if the size and design are deemed Subdivision Plan appropriate. The subdivider shall submit a maintenance plan for any sign that Phase does not conform to Virginia Department of Transportation standards, which *Administrative must be approved by the ° - C9mFR Subdivision Administrator approval No occupancy permit will be issued for any dwellings within a subdivision prior to the placement of required street signs serving those residences. § 144.19. Streetlights. X Streetlights of adequate type and intensity shall be required to promote This could occur public health and safety in any subdivision in the RP (Residential at the rezoning Performance), R4 (Residential Planned Community), R5 (Residential or master Recreational Community) Districts and residential areas in the MS (Medical development Support) Districts. Streetlights shall be provided at all intersections. The plan phase. design proposal for streetlighting shall be approved by the Subdivision *Also a safety Administrator. The PlaRRiRg G Board of Supervisors may waive the issue. requirement for streetlights. § 144.21. Stormwater management. [Amended 12 -11 -1991] B. In addition, a stormwater management plan for a land development project shall be developed so that, from the site, the postdevelopment peak runoff rate from a two -year storm and a ten -year storm, considered individually, shall not exceed the predevelopment rates. Predevelopment and postdevelopment runoff rates shall be verified by calculations that are X consistent with good engineering practices, County and state standards and * Site Plan or acceptable to Frederick County. The PIRRRiRg Subdivision Subdivision Plan Administrator &4@4 may exempt subdivisions in which all lots are 15,000 Phase square feet or more in area from the above requirements this waiver shall *Administrative only be permitted when acceptable to the Director of Public Works. In such approval cases, the exempted subdivision shall meet the requirements of the State Erosion and Sediment Control Regulations, VR 625- 03 -22, Paragraph 19. (6) Regional facilities. (a) Where land to be subdivided lies within a watershed designated by the Frederick County Comprehensive Plan as one in which the most efficient stormwater management would be achieved through regional stormwater facilities, the subdivider shall contribute a pro rata share of the cost of the necessary drainage facilities which may be outside the limits of the land owned or Attachment 41 Page - 12 ATTACHMENT 1 PC Waivers controlled by the subdivider but which are required, at least in X part, by the proposed improvements, as provided for in § 15.2- * Site Plan or 2245.1 of the Code of Virginia. In such cases, the P Subdivision Plan Ca .FRiss,o� R Subdivision Administrator may waive some or all of Phase the stormwater management requirements in this section when *Administrative acce table to the Director of Public Works, approval § 144.25. Utilities and easements. B. Underground utilities. All electric, telephone and cable television lines shall be installed underground. This requirement may be waived by the PI@RRiRg X gym, Board of Suyervisors for subdivisions and lots in business and This could occur industrial zoning districts not requiring an approved master development plan at the rezoning or subdivisions in business and industrial zoning districts that were approved or master prior to the adoption of this chapter. Underground utilities shall be required development in new industrial parks, office parks and shopping centers, as defined by plan phase. Chapter 165, Zoning, of the Frederick County Code. WRdeF F() ^a utilities Attachment #1 Page - 13 ATTACHMENT 2 BOS Waivers Chapter 165 — Zoning Board of Supervisors Waivers — Modifications Article 11 SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS. AND REGULATIONS FOR SPECIFIC USES { �dtna § 165 - 202.04 Streets; Inter - parcel connectors. All residential subdivisions of more than 10 lots in the RP, R -4, R -5, and MS (with X residential uses) Zoning Districts shall have streets connecting to adjoining parcels. If *Waiver adjoining parcels are developed or have had a subdivision plat approved, the proposed to connecting street shall coordinate with the existing or platted streets in the adjoining remain as is. parcel. if an adjoining parcel is undeveloped, the location of the connecting street shafi be as shown on the Master Development Plan (MDP) approved by the Board of * This waiver Supervisors. This requirement for inter - parcel connector streets may be waived by would need to the Board of Supervisors upon approval of the Master Development Plan (MDP) if the be imposed at Board finds: 1) that a connector street to an adjoining parcel is not likely to be the master needed; ii) that the connector street would be required to be placed in a location development which is impractical for location of a street; iii) that an adjoining undeveloped parcel phase. is not likely to be developed in a manner to make a connector street necessary or appropriate; or iv) other good cause shown by the applicant not contrary to good planning policy. All inter - parcel connectors, public or private, shall be built to the Virginia Department of Transportation engineering standards. iPart d, '! d ' !50 § 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. D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: X *Waiver (3) Whenever land is to be developed in the B -1 (Neighborhood, Business) or B -2 proposed to (Business, General) Zoning District that is adjacent to land primarily used for remain as is. 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 *This waiver grant a waiver to reduce the required buffer distance requirements with the could impact consent of the adjacent (affected) property owners. Should a waiver be adjacent granted by the Board of Supervisors, the distance requirements of § 165- residential 203.02D(1)(a) may be reduced, provided the full screening requirements of properties and this section are met. therefore should be a BOS waiver. Attachment #2 Page - 1 ATTACHMENT 2 B05 Waivers Attachment #2 Page - 2 § 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 I, Part 103 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. X *Waiver B. The following standards shall apply to any property in which a commercial proposed to telecommunication facility is sited, in order to promote orderly development and remain as is. mitigate the negative impacts to adjoining properties: This waiver (2) Monopole -type construction shall be required for new commercial would need to telecommunication towers. The Board of Supervisors may allow lattice- be imposed at type construction for new telecommunication towers when existing or the conditional planned residential areas will not be impacted and when the site is not use permit adjacent to identified historical resources. phase. § 165 - 204.24. Tractor Truck and Tractor Truck Trailer Parking. Tractor truck and /or tractor truck trailer parking facilities in the B3 (Industrial Transition), MI (Light industrial) and M2 (Industrial General) Zoning Districts permitted as a primary use with a conditional use permit shall meet the following conditions: X (6) Facilities shall be required to landscape the yard area within the front *Waiver setback to provide for a double row of evergreen trees (minimum of two proposed to different species). The on-- center distance between each tree in the remain as is. staggered double row shall not exceed the widest width of the selected evergreen trees. At no point shall the offset between each evergreen tree * This waiver planted in the staggered double row be less than 90 degrees. The side and would need to rear yards shall be planted with a single row of evergreen trees that are be imposed at planted a maximum of 40 feet on center. All trees shall be a minimum of six the conditional feet in height at the time of planting. The Board of Supervisors may allow use permit for alternative landscaping based on topography and /or adjacent land uses. phase. § 165- 204.25. Flea Markets. X *Waiver Flea Markets where allowed in the RA (Rural Areas) Zoning District shall meet the proposed to following requirements. remain as is. (6) All parking spaces and travel aisles shall be graveled. The Board of Supervisors. may require through the Conditional Use Permit process * This waiver that all travel aisles and /or parking spaces be paved with a minimum would need to double prime and seal or alternative dust free surface. be imposed at the conditional use permit phase. Attachment #2 Page - 2 ATTACHMENT 2 50S Waivers ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS § 165 - 401.06 Permitted lot sizes. C. Rural preservation lots. (3) Board of Supervisors waiver of division restriction. (a) The designated Rural Preservation Tract may be released from the restrictions of Subsection D(1) after a period of 10 years from its creation through the rezoning process. (b) The rezoning shall be consistent with the goals of the Frederick County Comprehensive Policy Plan in effect at the time of the rezoning application. (c) The designated Rural Preservation Tract which is within the Urban Development Area (UDA) at the time of its creation, or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten -year restriction on rezoning § 165- 401.07 Setback requirements. The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District. A. Setbacks for a €I lots other than rural preservation lots shall be as set out below. (1) Front setbacks. The front setback for any principal or accessory use or structure located on a traditional five -acre lot shall be 60 feet from the property line or right -of -way of the street, road or ingress /egress easement. (2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows: Adjoining Parcel Size Setback (Side and Rear) (feet) 6 acres or less s0 More than 6 acres 100 Orchard 200 Agricultural and Forestral District 200 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 § 165- 401.07A(2) of this chapter. X *Waiver proposed to remain as is. * This waiver would need to be imposed at the rezoning application phase. Attachment #2 Page - 3 Attachment #2 Page - 4 ATTACHMENT 2 BOS Waivers (1) Front setback. The front setback for any principal or accessory use or structure shall be 6D feet from the right -of -way of any existing state - maintained road and 45 feet from the right -of -way of any existing private ingress /egress easement or state- maintained road constructed to serve the subdivision. (2) Side setback. No principal use or structure shall be located closer than 15 feet X from any side lot line. *Waiver proposed to (3) Rear setback. No principal use or structure shall be located closer than 40 feet remain as is. from any rear lot line. *This waiver C. Board waiver. The Board may allow the above- referenced setbacks to be reduced could impact if the constraints of the setbacks create an undue hardship on existing parcels of adjacent record. Such re guests and justification to reduce the setbacks shall be presented residential to the Planning Commission for a recommendation that is forwarded to the Board properties and of Supervisors. therefore should be a BOS Waiver. § 165 - 402.07 Open space requirements. D. The minimum required open space percentages provided in § 165- 402.07A of this X chapter may be reduced for residential developments which provide for active *Waiver recreational areas and amenities, upon the granting of an open space waiver proposed to issued by the Board of Supervisors in no case shall the required open space (per remain as is. § 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 This waiver residential housing types and mixtures. Active recreational areas and amenities would need to shall be incorporated within the development's common open space and be for be imposed at the use of and maintained by the subject development's property owner's the master association. The active recreational area and amenity value shall be equivalent to development the value of four recreational units for each 30 dwelling units. The active phase. 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 - 402.08. The gross density requirements as required in §§ 165 - 402.05 and 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- 402.08 Recreation facilities. 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- farn1y 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 Attachment #2 Page - 4 ATTACHMENT 2 BOS Waivers the Planning Commission, in conjunction with the Administrator and the Department of Parks and Recreation, using the following recreational unit as a X X guideline. The design of such facilities shall be approved at the time of site plan * Subdivision *Waiver review. Phase proposed to (1) The Board of Supervisors may provide a waiver for the community center *Administrative remain as is, requirement specified in § 165- 402.09A in single - family small lot subdivisions approval that contain less than 25 lots. This waiver may be requested by the applicant * This waiver during the consideration of the subdivision design plan if no master *This change would need to development plan is required. The applicant is required to demonstrate how would make the be imposed at an equivalent recreational value of three recreational units for each 30 waiver consistent the master dwelling units, prorated, is being provided within the project, to the County, with the recent development or a combination of both as a condition of requesting approval of a waiver by LID ordinance phase. the Board of Supervisors. amendments. § 165- 402.09 Dimensional requirements. X Q. Age- restricted multifamily housing "Age- restricted multifamily housing" is *Waiver multifamily buildings where individual dwelling units share a common outside proposed to access. They also share a common yard area, which is the sum of the required lot remain as is. areas of all dwelling units within the building. Age - restricted multifamily housing remain as is. shall only be permitted within proffered age- restricted developments. Elevator * This waiver service shall be provided to each floor of age - restricted multifamily housing would need to structures for use by residents and guests. be imposed at (8) Maximum building height shall be as follows: the rezoning or (a) The maximum structure height for any principal building shall be 40 feet. master The Board of Supervisors may waive the forty -foot height limitation, development provided that it will not negatively impact adjacent residential uses. In no phase. case shall any principal building exceed 60 feet in height. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Attachment 4#2 Page - 5 § 165- 501,06 Design requirements. X * Subdivision I. Road access. A li planned community developments shall have direct access to an Phase arterial or collector road or to roads improved to arterial or collector standards. *Administrative The planned community development shall be provided with a complete system of approval public streets dedicated to the Virginia Department of Transportation. All roads in the development shall be provided with curbing and gutters. The R�rd ^ *This change SupeFvisers Zoning Administrator may approve certain exceptions to the would make the requirement for curbs and gutters, after .e..iew by the G ffim issien 1 waiver consistent determined to be accep table by the Director of Public Works in order to with the recent implement a particular stormwater management plan. The road system shall LID ordinance conform with the Frederick County Comprehensive Plan and with road amendments. improvement plans adopted by the County. § 165- 502.05 Design requirements. X R. Environmental protection. Upon recommendation of the Planning Commission, *Waiver the Board of Supervisors may allow waivers of, or variations to, the proposed to environmental requirements of § 165 -201.08 of this chapter in residential remain as is. recreational communities. Such waivers shall be shown on the master * This waiver development plan. In such cases, the environmental features and their function would need to shall be preserved to the greatest extent possible. be imposed at Attachment 4#2 Page - 5 ATTACHMENT 2 BO5 Waivers the master development § 165- 504.04 Access regulations. X * Subdivision F. All permitted land uses shall be designed to provide for internal traffic circulation Phase and interparcel connectors to adjoining land uses to provide for access between *Administrative uses without entering onto urban collector streets. The BeaFd of S peFVisws approval Zoning Administrator may grant a waiver to this requirement if topographic constraints or land use conflicts prevent iinterparcel connectivity or make it undesirable. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS § 165 - 609.05 Height limitation. X § 165- 705.04 Use, density, dimensional and intensity regulations. *Waiver The maximum structure height shall be 45 feet. The Board of Su ervisors may waive proposed to the 45 foot height limitation provided that it will not negatively impact adjacent remain as is. residential uses. In considering the height waiver, the Board of Supervisors may remain as is. require architectural renderings that demonstrate potential impacts on adjacent *This waiver residential uses. In no case shall any structure exceed 75 feet in height. could impact adjacent properties and therefore should § 165 - 705.06 Design standards. be a BOS G. Buffers and screening. Buffers and screening shall be provided on each lot or Waiver. ARTICLE VII OVERLAY DISTRICTS Attachment #2 Page - 6 § 165- 705.04 Use, density, dimensional and intensity regulations. X *Waiver D. A waiver from the maximum front yard setback on collector or minor streets may proposed to be granted by the Board of Supervisors at the time of rezoning to enable areas remain as is. open to the public such as pocket parks and outdoor seating. * This waiver would need to be imposed at the rezoning phase. § 165 - 705.06 Design standards. G. Buffers and screening. Buffers and screening shall be provided on each lot or X parcel on which any use is established according to the requirements of this *Waiver section. proposed to remain as is. (1) Buffers and screening requirements shall be provided as required in § 165- 203.02 of this chapter for the underlying zoning district. Any residential *This waiver dwelling units shall be treated as commercial floor space solely for the could impact purpose of buffers and screening requirements. Zoning district buffers shall adjacent not be required along any existing road rights -of -way which border the residential Attachment #2 Page - 6 ATTACHMENT 2 BDS Waivers development. The Board of Supervisors may grant a waiver to reduce the properties and required buffer distance requirements with the consent of the adjacent therefore should (affected) property owners. Should a waiver be granted, the distance be a BQS requirements of § 155 - 203. 02 may be reduced, provided the full screening Waiver. requirements of the section are met. Chapter 144 — Subdivision of Land Board of Supervisors Waivers— Modifications ARTICLE III - General Provisions § 144.4. Subdivision Administrator [Amended 5 -22 -1996] A Subdivision Administrator shall be appointed by the Board of Supervisors and entrusted to enact, administer and enforce the requirements of this chapter. The Subdivision Administrator shall have the powers and duties specified in this chapter as authorized by the Board of Supervisors. The Subdivision Administrator is authorized to administratively approve or disapprove all divisions of land in the RA Rural Areas District and all divisions of land in all other zoning districts that are within an approved master development plan. The Subdivision Administrator shall have the authority to forward any division of land, subdivision design plan or final plat to the D lanning r^ """n4 &&k ^ of Board of Supervisors for final approval. X The Planning Commission does not have the ability to approve plats. § 144.5. Interpretations and appeals. X The Subdivision Administrator shall have the authority to make interpretations *Waiver concerning the application of the requirements of this chapter. Any person aggrieved proposed to by an interpretation made by the Subdivision Administrator may appeal that remain as is. interpretation to the Board of Supervisors, with a recommendation from the Planning Commission. Variations to or exceptions to the provisions of this chapter may be granted by the Board of Supervisors in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship. p § 144.17. Streets. S. Street layout. The layout, width, grade, design and location of all streets shall conform to the approved final master development plan, the standards contained in the Frederick County Comprehensive Plan, Virginia Department of Transportation requirements and the following regulations: (2.) Provisions shall be made for the continuation of planned, existing or platted streets on adjoining parcels. The design of such streets shall be coordinated in terms of location, width, grades and drainage. Such continuations shall be made to provide access to adjoining parcels, to provide for streets identified in the Comprehensive Plan and to provide for safe and adequate traffic patterns and access. Such continuations may not be appropriate where they provide for access between substantially different uses or where they will result in adverse traffic impacts on existing neighborhoods or existing traffic patterns and access. Where no lots front on the X road, the 99aFd Of S„^ ^.,..r ^�^ Zonin Administrator may require * Subdivision the design and grading of the right -of -way to conform to the Phase Virginia Department of Transportation standards with a minimum *Administrative of temporary or permanent seeding. approval C. Lot access. All lots shall abut and have direct access to a public street or right -of -way dedicated for maintenance by the Virginia Department of Attachment #2 Page - 7 ATTACHMENT 2 BOS Waivers Transportation. (1) Multiple- frontage lots. Corner lots with public street frontage on two adjacent sides shall be allowed. Double- frontage lots with public street frontage on two streets that do not intersect at the lot shall be avoided, except where required to prevent direct access to collector or arterial streets. Lots with public street frontage on more than two sides shall be avoided. (2) Multifamily and single- family small lot housing, single - family attached housing and multifamily housing. [Amended 10 -27 -1999; 12 -10 -20081 (a) Lots in subdivisions to be used for the following housing types, as defined by Chapter 155, Zoning, need not abut public streets: [1] Duplexes. [2] Multiplexes. [3] Atrium houses. [4] Townhouses. [5] Weak -link townhouses. [6] Garden apartments. [7] Single - family small lot housing. [8] Age - restricted multifamily housing. (b) When such lots do not abut public streets, they shall abut private roads, parking lots or access easements. The length and extent of private roads, driveways and parking aisles providing access to lots shall be minimized, and public streets shall be provided in larger subdivisions when substantial distances are involved. Individual lots shall be no more than 1,000 feet from a state - maintained road, as measured from the public street along the private access road. The Board of Supervisors may allow lots to be located as much as 1,200 feet from a state - maintained road in cases where enhanced circulation is provided with a driveway loop. (c) The Board of Supervisors may provide a waiver to the public street requirement specified in § 144 -24C to allow for a complete system of private streets within proffered age - restricted communities. This waiver may be requested by the applicant during the consideration of a rezoning application or during consideration of the master development plan. The applicant is required to provide a conceptual design which demonstrates the proposed private street system layout and provides both the cross section (horizontal and vertical) section dimensional base and pavement detail that meets or exceeds VDOT standards as a condition of requesting approval of a waiver by the Board of Supervisors. [Added 3 -22 -2006] X *Both waivers proposed to remain as is. * Both waivers would need to be imposed at the master development phase. Attachment #2 Page - 8 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers Chapter 165 —Zoning Zoning and Subdivision Administrator Waivers — Modifications Article II SUPPLEMENTARY USE REGULATIO PAR KING, BU FFERS, AND REGULATIONS FOR SPECIFIC USES CC2 d 19ii Pest � lclrtsitStB Bfl Acrn J § 165 - 201.02 Setback requirements. X *Waiver proposed C. Exceptions to front yard setbacks. Where the average front yard setback distance to remain as is. for adjacent lots is less than the minimum required front yard, the Zoning Administrator may allow a front yard setback distance less than normally *Waiverwould required on the lot to be developed. In such cases, the front setback distance for occur at the the fot to be developed shall be the average of the minimum front setback building permit distances on developed lots on the same street or road within 200 feet of the lot phase. to be developed. F. Extensions into setback yards. The following features may extend into setback X yards as described: *Waiver proposed to remain as is. (8) Handicap - accessible ramps. An unroofed handicap - accessible ramp shall be permitted to encroach into a required yard when there are no other *Waiver would reasonable alternatives for the location of such ramp on the property or occur at the other means of ingress /egress into or from the residence as determined by building permit the Frederick County Zoning Administrator. phase. § 165 - 201.06 Signs. X *Waiver proposed F. Minimum spacing between freestanding signs. The minimum distance separating to remain as is. freestanding signs shall be 100 feet. The Zoning Administrator may allow two signs to be separated by less than 100 feet in order to allow the signs to share an X appropriate location. In such cases, the two signs shall be separated from other * Site Plan Phase signs by a distance of 100 feet plus the distance by which the separation between * Administrative the two signs was reduced from the required 100 feet. approval § 165- 201.07 Outdoor Lighting. A. General Outdoor Lighting Standards. 1. Ali outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained to shield adjacent properties and to not X produce glare onto adjacent properties or road right -of -ways. *All three waivers Parking lot fixtures and light fixtures on buildings shall be full cut- are proposed to off fixtures. Within residential developments the Zoning remain as is. X Administrator may approve alternate parking lot fixtures so long as * Site Plan Phase the intent of this ordinance is met. * Administrative approval 3. 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 Attachment #3 Page 1 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers 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. §.155- 201.08 Protection of environmental features. X B. All developments which require a master development plan, subdivision design *Waiver proposed plan, site plan, or preliminary sketch plan shall preserve the following to remain as is. environmental features as described: X (6) Steep slopes. No more than 25% of steep slopes, as defined, shall be * Site Plan or disturbed or regraded. The Zoning Administrator may allow the disturbance Subdivision Phase of additional small areas where that disturbance will alleviate potential *Administrative health or safety problems and will not significantly denigrate the overall approval environmental quality of the site. The Planning Commission may allow the disturbance of larger areas of steep slopes. § 165- 202.01 Off - street parking; parking lots. Off - street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights -of -way does not interfere with traffic. A. Required parking spaces. (4) Procedure for Adjustments to Parking Requirements. b) Parking for Mixed Uses and Loading Facilities. In the case of mixed uses (not qualifying as accessory) or two or more buildings upon a single lot or unified parcel or upon contiguous X parceis, the total requirements for parking and loading facilities *Waiver proposed shall be the sum of the requirements of the various uses to remain as is. computed separately. However, cumulative parking requirements for mixed -use occupancies may be reduced X where the Zoning Administrator determines that the peak * Site Plan Phase requirement of the several occupancies occurs at different *Administrative times (either daily or seasonally), and the parking demand can approval be provided on the premises. c) Captive Market. Parking requirements for retail and restaurant uses may be reduced where the Zoning Administrator determines that some portion of the patronage of these businesses comes from other uses (i.e., employees of area offices patronizing restaurants) located within the same building or a maximum walking distance of 400 feet. Attachment #3 Page 2 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers § 165- 202.01 Off- street parking; parking lots. D. 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: (1) Surface materials. In the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office- Manufacturing Park District, the M3 Light Industrial District, the M2 Industrial General District MS Medical Support District, RA (Rural Areas) District and the HE (Higher Education) District, parking lots shall be paved with concrete, bituminous concrete or similar materials. Such surface materials shall provide a durable, dust and gravel -free, hard surface. a. The Zoning Administrator may allow for the use of other hard - surface materials for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. In such cases, parking lots shall be paved with a minimum of double prime- and -seal treatment or an equivalent surface. b. In the RA (Rural Areas) District parking lots with (10) or fewer spaces shall be permitted to utilize gravel surfaces. c. Reinforced grass systems, permeable paving systems, or other suitable materials may be used for overflow parking areas, low volume access ways in all Zoning Districts and for agricultural uses in the RA (Rural Areas) District. Parking areas utilizing these materials shall have defined travel aisles and designated parking bays. These materials shall only be utilized with approval of the Frederick County Zoning Administrator and the Director of Public Works. (2) Space demarcation. For single - family attached and multi - family developments, required off - street parking spaces shall be demarcated by four -inch durable white iiines painted on the pavement or curb, Any other proposed color and size will require approval of the Zoning Administrator. Full delineation by four inch wide lines painted on the pavement the full width of or length of the parking stall or parking spaces shall be required in commercial, office and industrial developments. Where paved parking areas are not required, delineation of parking spaces shall be by the use of individual wheel stops or other acceptable means for each unpaved parking space. Signs and pavement markings shall be utilized, as necessary, to ensure safe traffic movement and pedestrian access and to designate handicapped parking spaces. (3) Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of all parking lots. When stormwater drains away from the curb, gutter pans shall not be required for parking areas that abut buildings when sidewalks with turndown curbing are used. All curbing shall be a minimum of six inches in height. All parking lots shall be included within an approved stormwater management p lan. X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval x *Waiver proposed to remain as is. x * Site Plan or Subdivision Phase *Administrative approval Attachment #3 Page 3 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers a. In the B3 Industrial Transition District, the OM Office - Manufacturing Park District, the M1 Light Industrial District and the M2 Industrial General District the use of header curb shall be permitted in areas where the use of gutters is not necessary for stormwater management purposes. b. The Zoning Administrator may allow for the use of concrete bumpers instead of curbing for parcels located outside of the Sewer and Water Service Area if the site plan. provides for effective stormwater management and efficient maintenance. c. The Zoning Administrator may allow for the elimination of curb and gutter for parcels located inside of the Sewer and Service Area when necessary to implement low impact development design. This shall only be permitted where practices such as bio- retention, infiltration trenches, and rain gardens are used and only where it can be demonstrated that soil conditions are favorable, or if an adequate under -drain is included in the design and only when approved by the Director of Public Works. (4) Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office - Manufacturing Park District; the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District, and the HE (Higher Education) District. The raised islands shall be bordered by a six inch concrete or rolled asphalt curb. All islands shall be at least nine feet wide and shall extend the length of the parking space or bay. The islands shall be landscaped with grass, shrubs, or other vegetative materials. a. The Zoning Administrator may waive the requirement for raised islands for parceis located outside of the Sewer and Water Service Area when curb and gutter is not proposed. b, The Zoning Administrator may approve modifications to the landscaped islands for parcels located inside of the Sewer and Service Area when necessary to implement low impact development design and where approved by the Director of Public Works. (10) The Zoning Administrator may approve alternative parking space size, space demarcation, aisle dimensions and parking islands for areas used for the display or storage of vehicles for sale by a vehicle dealer. Upon a change of use for the property or site, the spaces, demarcation, aisles and islands must be revised to conform to this ordinance. (12) Drive -in lanes. Drive -in lanes shall be required for all drive -in or pickup facilities. Drive -in lanes shall be designed to provide for a minimum width of nine feet and a minimum stacking distance of 90 feet. Canopy supports and raised concrete pads designed to support pneumatic tubes automatic teller machines and other structures shall not be X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval X *Waiver proposed to remain as is. X * Site Plan or Subdivision Phase *Administrative approval Attachment #3 Page 4 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers located within the area required for minimum drive -in lane widths. All drive -in lanes shall be clearly separated from parking spaces, travel aisles, maneuvering areas and driveways. The Zoning Administrator may reduce the minimum stacking distance of drive -in lanes for retail uses with less than 150 square feet of floor area if it can be demonstrated that the vehicular frequency for the use does not warrant multiple vehicle stacking. (13) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the 31 Neighborhood Business District, the B2 Business General District, the B3 industrial Transition District, the DM Office- Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District, and the HE (Higher Education) District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights -of -way. Parking lots shall be adequately shaded to reduce reflected heat. In the RA (Rural Areas) District, parking lot landscaping shall not be required for parking lots with 10 or fewer spaces. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: 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 Jot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree X shall be provided in the interior of the parking lot for each 10 *Waiver proposed parking spaces. The Zoning Administrator may waive the to remain as is. requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and X gutter is not proposed. The Zoning Administrator may approve * Site plan or alternative locations for interior landscaping for parking lots Subdivision Phase used for truck parking, as well as other parking lots, when it *Administrative would improve the overall quality of the landscape plan. All approval interior landscaping shall comply with the requirements of § 165 - 203.016, Plant selection, planting procedure and maintenance. § 165- 202.02 Loading areas. X *Waiver proposed B. Design standards. to remain as is. (4) Surface materials and curb and gutter. Loading areas shall meet the surface X material and curb and gutter requirements for one of the following * Site Plan or categories: Subdivision Phase *Administrative (d) Stormwater management plan and erosion control plan requirements. approval The Zoning Administrator may require curb and gutter and different Attachment #3 Page 5 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers surface materials for loading areas when necessary to implement a stormwater management plan or an erosion control plan. § 165 - 202.03 Motor vehicle access. A. New driveways. (7) Spacing exceptions. New driveways with entrances on arterial or primary highways which do not meet the above spacing requirements shall be allowed only when access meeting the spacing requirements cannot be provided from the arterial highway to the individual property by using one of the following methods: (b) Shared access. When a lot is created on a collector road or arterial highway, shared means of access to the road or highway shall be created by access easement, shared driveway or other means to ensure that the spacing requirements have been met.. [1] When a lot is divided or developed that can be provided with a X driveway meeting the spacing requirements but that is adjacent to * Site Plan or other parcels or lots that will not be able to have entrances meeting Subdivision Phase the spacing requirements, means of highway access to the *Administrative adjoining property may be required by the Zoning Administrator of approval Plann�ng ,-„,.mission on the lot to be divided or developed. (14) Private roads prodding lot access to multifamily and single- family small lot housing, as permitted in §144 -24 of the Subdivision Ordinance, shall be a minimum of 20 feet in width. The pavement design for the private roads shalt include eight inches of aggregate base material, Type i, Size No. 21 -8, X and shall be paved with a 165 No. psy asphalt concrete, Type SM -2A, surface *Waiver proposed treatment, in addition, curb and gutters, standard curb CG -6, CG -7 or roll- to remain as is. flop curb and sidewalks shall be provided along private roads; however, the Zoning Administrator may approve a waiver of sidewalks on private streets, X provided that another recreational amenity is substituted for the sidewalk. * Site Plan or Additionally, the Zoning Administrator may waive the requirement for curb Subdivision Phase and gutters and allow alternate pavement design to accommodate low *Administrative impact design provided that the private road design is determined to be approval acceptable by the Director of Public Works. § 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 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 frontage on roads which require a road efficiency buffer, Street trees shah be planted no more than 20 feet from rights -of -way. Planting Attachment #3 Page 6 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers street trees on the property lines of building lots should be avoided. Two or X more street trees shall be planted on each building lot. The Zoning *All waivers Administrator may allow fewer than two street trees for an individual proposed to building lot if topographical features, utilities, easements, or the width of remain as is. the lot makes it impractical to do so. All street trees shall comply with the requirements of § 165- 203.01B, with the exception that street trees must be X at least two - and - one -half -inch caliper at the time of planting. * Site Plan or Subdivision Phase (2) Ornamental landscaping. *Administrative approval (b) Ornamental trees and shrubs shall comply with the requirements of § 165 - 203.018. 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 this section is met. B. Plant selection, planting procedure, and maintenance. (3) Maintenance. The owner, developer, and /or builder who is responsible for planting required landscaping shall be responsible for maintaining it in a state of good health for one year after planting. After one year, from the date occupancy is approved, the individual property owner and /or homeowner's association shall become responsible for maintenance. As long as the intent of this section is met, the Zoning Administrator may waive the requirement for landscaping on individual building lots when a hazard or nuisance exists. D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (6) The 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 modified to maintain highway sight distances. § 165- 204.25. Public Utilities. X A. Public Utilities. Lot requirements for lots used by political subdivisions, *Waiver proposed municipal corporations, the Virginia Department of Transportation, the to remain as is. Frederick - Winchester Service Authority, or the Frederick County Sanitation Authority for public utility purposes shall be as follows: X (1) In ail zoning districts, the Zoning Administrator shall have the * Subdivision authority to determine the minimum lot size necessary for such public Phase utilities and the appropriate setbacks for such lots used for public *Administrative utility purposes. approval Attachment #3 Page 7 ATTACHMENT 3 Zoning /Subdivision Administrator Waivers ARTICLE V PLANNED DEVELOPMENT DISTRICTS § 165 - 502.05 Design requirements. X B. Dimensional requirements. *Waiver proposed (3) Existing lots. The Zoning Administrator may allow reduced yard setbacks on to remain as is. existing lots of record, by a distance of up to 25% of the required setback, *Waiverwould where topography or other environmental constraints create a hardship. To occur at the be considered a hardship, all conditions specified in § 155- 1001.02C(5) of the building permit Frederick County Zoning Ordinance must be met. phase. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS § 165 - 608.04 Landscaping. X *Waiver proposed Appropriate landscaping or screening may be required by the Zoning Administrator of to remain as is. within any required yard setback area in order to reasonably X protect adjacent uses from noise, sight, dust or other adverse impacts. * Site Plan Phase *Administrative approval ARTICLE VII OVERLAY DISTRICTS § 165 - 705.05 Off- street parking; parking lots. Off- street parking shall be provided on each lot or parcel on which any use is established according to the requirements of this section. X *Waiver proposed A. Required parking spaces. to remain as is. X (3) Required parking spaces for commercial uses shall be in accordance with * Site Plan Phase § 155 - 202.01 of this chapter. The Zoning Administrator may allow some *Administrative variation in the standards for required parking for the commercial uses based approval on detailed parking demand studies provided by the applicant. ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS § 165- 901.04 Expansions and modifications. C. All legally nonconforming uses and structures not specified in § 165- 901.04A or § 165 - 901.046 may expand or modify one time if the expansion or modification X 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 *This waiver on gross floor area for structures and total land area for uses. Legally could impact nonconforming residential structures may expand beyond 2,000 square feet or adjacent 50% if the expansion or modification does not increase the degree of properties and nonconformity. The Z OR i... "., m ,..l stF ter Board of Supervisors may allow the therefore should expansion of legally nonconforming structures and the construction of new be a BOS waiver. structures with the same setback of the existing legally nonconforming structure, provided that all other conditions of the Frederick County Zoning Ordinance are met. Attachment #3 Page 8 ATTACH M ENT 3 Zoning /Subdivision Administrator Waivers Chapter 144 — Subdivision of Land Zoning and Subdivision Administrator Waivers — Modifications ARTICLE V ign Standards A. Sidewalks shall be installed in the right -of -way and adjacent to the boundary of the right -of -way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a minimum two foot wide grass strip or swale between the street edge and the sidewalk, where sidewalks are required. Sidewalks are required as follows: 1. Along both sides of all local streets in any subdivision in the RP X (Residential Performance), R4 (Residential Planned Community), R5 *Waiver proposed (Residential Recreational Community) Districts and residential areas in to remain as is. the iv1S (Medical Support) Districts. If low impact development *This is a 2012 techniques are utilized within a project, the Subdivision Administrator Ordinance may allow sidewalks to be placed on only one side of a local street amendment within any residential subdivision. 2. Along both sides of all collector and arterial streets in any zoning district within the Urban Development Area and /or the Sewer and X Water Service Area. The Subdivision Administrator may waive the *Waiver proposed sidewalk requirement for one side of a collector road within a master to remain as is. planned industrial park when a 10' asphalt pedestrian facility has been *This is a 2012 or is planned to be constructed on the opposite side of the collector Ordinance roadway, and only in such cases that the sidewalk has been deemed amendment unnecessary along said collector roadway. 8. The Subdivision Administrator may waive the sidewalk requirement along local streets when the pedestrian walkways are provided that allow pedestrian X *Waiver proposed access to each lot or use. Such walkways must provide to remain as is. appropriate connections to pedestrian systems throughout the development *Administrative and on adjoining properties. approval C. All sidewalks and walkways shalt be a minimum of five feet wide. Sidewalks shail conform to VDOT standards, Alternative designs and construction X *Waiver materials for sidewalks and walkways may be approved by the Subdivision proposed to remain as is. Administrator to accommodate low impact design. These alternative designs and * This is a 2012 materials shali'only be permitted when acceptable to the Subdivision Administrator and when approved by Ordinance the Director of Public Wo rks and the Building Official. amendment Attachment #3 Page 9