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BOARD �F SUPER�SC}RS: August 12, 2004 � APPRO�"ED I�EI�E�7
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�r�p�sed �evfs�c►�s tv �ec���. X65- �OI.li2. �ef���o�s ��� �e��-d .sage
C����e� 1��, �u�ing, Arcle �, S�PL�l�I��:AI�� �JS� �U;1A'�`�GI�TS,
PA��II�G, �U�RS, A1�11 R��U�A.7C�D�dS ��R SP�C�C �JS�S -Part 2Q1.
�'r��x�sed �tevis�a�s t€, �ect�o� �.�5- 2�3�_�5. �ec��d�� ar Aecessmry �.Tses
SAS, the Frederick County Planning Department has been duetted to prepare
revisions to Chapter 165, Zoning, Article �, General Provisions, Amendments, and
Conditional Use Permits —Part 101 pertaini.r�g to proposed revisions to Section 165-
101.02, l�efinitians and word usage, and Chapter 165, Zoning, Article II, Supplementary
Use Regulations, Parking, Buffers, anal Regulations for Specific Uses —Part 203.,
pertaining to proposed revisions to Section 165- 201.05, Secondary or Accessory Uses.
a�'��.5, The Developrzxent Review anal Regr3laiians Committee (I)RRC)
recommended approval of these amendments on April 23, 2009; and
�V�AS, the Planning Commission discussed the draft ordinances ozz Tune 17, 2009;
and recommended that a public hearing be held; and
R6��AS, the Joint Work Session with the Board of Supervisors and the Planning
Comniissian, reconunended approval of these amendments an July 27, 2004; and
���AS, the Frederick County Board of Supervisors finds that in the public
necessity, convenience, general � =elfare, and good zoning practice, directs the Frederick
County Planzti-r�g Commission bald a public hearing regarding revisions to Chapter 165,
Zoning, Article I, General Provisions, Amendments, anal Conditional Use Pezmiis --Part
101 pertaining to proposed revisions to Section 165 - 101.02, Defzzitioza.s and word usage,
and Chapter 165, Zoning, Article II, Supplementary Use Regulations, Parking, Buffers,
and Regulations far Specific Uses —Pori 201, pertaining to proposed revisions to Section
165- 201.45, Secondary or Accessory Uses_
��', � H��� l�E �'� ���,� � E� by the Fre�.ericl� County Board of
5uper�>isors That the Frederick Cour�t�r Pla�?�ing Con�rnission shall hold a public hearing
to cozzsider revzsioa.s to C�r.a�tez- ���, �4��, ale I, �e�� �'°r�v�si�ns,
e�d�e��, ��€� C€��di��rlal Ilse �e��� — ��� ��� �e�aig t® p�-nposed
re�l��s to �ee���a ���Ti41.Q�, De�tio�s .€i �r��-€� �rs�be, €� C�a��e� 7���,
���?�g, ��el.e �, ����le�e�tary €Tse I�eg.�€�r€s, ����, Sa��'�:�-s, and
�eg�a��x�s fir �geei€�c �7ses — a��� ��1, �e�a.�g �€� �r�pas�� r�v�i��s �€� �ee��n
16�- 2EI1.[l5, �ecc��c�ary ar �,.c�ess€�ry FJses.
Passed this lzth day of August, z0�9 by the following recorded vote:
This resolution was approved by the following reeorcied vote:
Richard C. �hickle, Chairman ��� Gary A. Lofton �.ye
Gary W. Dove
eye
Sill M_ Ewing
Aye
Gene E. Fisher
Aye
Charles S. DeHaT�en, 3r.
Aye
Philip �. Lemieux
BSS Res. ��008 -Q9
.®yam
A C�� �.'�"Jl 115'�
7o Iey,
Fr rick CQUnty Ad�ix�.strator
COUNTY of FREDIEItICI�
Department of Planning and Development
�O RH� V Zrl FAX.: S4fl1665 -6395
To: Frederick County Board of.Supervisors
R
From: Candice E. Perkins, AICP, Senior Planner``
Subject: Discussion— Revised Secondary Use Standards
Date: August.3, 20019
In December 2008:; revisions were approved to § 165 -26 which addresses Secondary ar
Accessory YJse requirements in the Zoning Ordinance. This revision prohibited accessory retail
in -the Ml. and M2 Zoning �ilstrictS. Qn April 8, 2009 the Board of Supervisors ciireeted Staff to
lake. the revised accessory use _standards back to the DRRC for further review. Specifically, the
Board wanted to see .accessory retailing added Back into the industrial districts. Therefore, staff
has prepared a revision to § 16.5= 201.05 to allow for accessory retailing in -the OM, M1 -arid M2
Districts with the same conditions placed on the B3 District. Accessory retailing would be
restricted to no more than 15 percent of the gross floor area and shall not . exceed 2,0{}Q
square feet.
The item was presented: to the Development Review and Itegulatians Committee (DRRCj at
their rn.eeting on April 23, 2009_ The DxxC endorsed the changes and _recommended it be sent
to the - Plawng Commission for discussion. The Planning Cornmissio'n discussed the changes at
their meeting on June 17, 2009. The Planning Commission agreed .with the proposed
amendment and 'recommended that the changes be forwarded to the -Board pf Supervisors for
discussion. The proposed ordinance was discussed at the July 27, 2009 Joint Work Session with
the Board of Supervisors and the Planning Commission. There were no comments on the
proposed ordinance revision.
The attached document shows the existing Ordinance with proposed additions shown in bald
italics and deletions shown in sirikethrough. This. item is presented_ for discussion.. Staff is
seeking direction from the Board of Supervisors on this Zoning Ordinance test
amendment; attached is a resolution directing the item to public hearing should the Baird deerrz
it appropriate.
Attachments: X. Revised ordinance with additions shown iu bold italics and deletions are
shown with a strikethrough.
CEP/bad
2. Resolntian.
1071�ortn lent street, Suite 202 m VViuchester, �Iirginia 22601 -5000
IZeviised Secondary Use Standards - ATTACHMElidT
� 165- 20L05. Secondary or Accessory uses.
When permitted secondary or accessory uses that are normally or typically found in association with the allowed
primary use shall be allowed on the same parcel or lot as the primary use. Secondary uses shall meet the
requirements of this section as well as any particular standard imposed on such use.
A. Agricultural accessory uses. The selling or processing of agricultural products produced on the premises
shall be considered to be accessory to an agricultural use. On bona fide, operating farms, temporary or
permanent housing for workers actively workiag on the farm shall be an allowed accessary use.
B. Accessory dwellings. One accessory dwelling shall be allowed with any single- family dwelling as long as
the following conditions are met:
{l} The Hoar area of the accessory dwelling shall be no more Than 25% of the gross floor area of the
pruuary residential structure on the Iot.
{2) In the RF Residential Performance, MHl Mobile Horne Community and R4 Residential
Planned Community Districts, accessory dwellings shall only be allowed if they are attached to the
privaary residential structure.
(3) In no case shall a mobile home be allowed as an accessory dwelling in the RP Residential
Performance District, R4 Residential Planned Community District and R5 Residential Recreational
Community District.
C. Dwellings in a business. One accessory dwelling shall be allowed with any business or industrial use
only so long as it is occupied by the owner of the business or industry, an employee or a watchman.
D. Child day -care services. Child day -care services and facilities shall be allowed in the Ml Light Industrial
District as au accessory or secondary use to any allowed use or group �of allowed uses in an industrial park.
E. In no case shall a mobile home or temporary trailer be allowed as an accessory use, unless it is used
far temporary or permanent housing on a bona fide, operating farm.
li . Secondary or accessory uses shall be permitted by right in the BI, B2, avid B3, OM, MI and M2 District,
but only in conjunction with and secondary to a permitted principle use. The square footage or area
occupied by secondary uses cumulatively shall not exceed twenty -five (25) percent of the gross floor area
of the related principal use. In the B3, OM, MI and M2 Districts no more than fifteen (15) percent of the
gross floor area of the principal use may be used for accessory retail sales and in no case shall the accessory
retailing component exceed 2,Ofl0 square feet. The square footage devoted to accessary retail sales shall be
included in calculating the 25 percent limit on secondary uses.
�%1T�7:Chl, I��r:��T.��IT�Tfi�!_�� R - Y. _ _ _ - _
.�_
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101— General P.tovisi.ons
� 165- 101.02. De %nitions and ward usage.
ACCESSORY OR SECONDARY USE A use of Iand or of a building or portion thereof customarily associated
with and incidental anal subordinate to the principal use of the Iand or building and located on the same lot with such
principal use. A secondary use shall be a use not permitted by -right in a zoning district but may be per °rnitted in
conjuncfion with a permitted use.