HomeMy WebLinkAbout082-21 (OrdAmendmentChapter165Zoning(BoatRepair))ORDINANCE AMENDMENT
Action: Approved
PLANNING COMMISSION: March 17, 2021 Recommended Approval
BOARD OF SUPERVISORS: April 14, 2021 Adopted
AN ORDINANCE AMENDING
THE FREDERICK COUNTY CODE
CHAPTER 165 ZONING
ARTICLE I
GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE
PERMITS
PART 101- GENERAL PROVISIONS
§165-101.02 DEFINITIONS AND WORD USAGE
ARTICLE II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND
REGULATIONS FOR SPECIFIC USES
PART 204 - ADDITIONAL REGULATIONS FOR SPECIFIC USES
§165-204.33 BOAT REPAIR SHOP
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
PART 401 RA RURAL AREAS DISTRICT
§165-401.03 CONDITIONAL USES
WHEREAS, an ordinance to amend Chapter 165, Zoning to allow Boat Repair Shop in
the RA (Rural Areas) Zoning District with a Conditional Use Permit (CUP) was
considered; and
WHEREAS, the proposed changes modify the Zoning Ordinance to include a new
definition for Boat Repair Shop, supplemental use regulations for Boat Repair Shops, and
pen -nit Boat Repair Shops in the RA (Rural Areas) Zoning District with a Conditional
Use Permit; and
WHEREAS, the Planning Commission held a public hearing on this ordinance on March
17, 2021 and recommended approval; and
Res #08221
WHEREAS, the Board of Supervisors held a public hearing on this ordinance on April
14, 2021; and
WHEREAS, the Frederick County Board of Supervisors finds that the adoption of this
ordinance to be in the best interest of the public health, safety, welfare and in good
zoning practice; and
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors that Chapter 165 Zoning, is amended to modify ARTICLE I — General
Provisions, Amendments and Conditional Use Permits, Part 101 — General Provisions,
§165-101.02. Definitions and word usage, ARTICLE II Supplementary Use Regulations;
Parking; Buffers; and Regulations for Specific Uses, Part 204 Additional Regulations for
Specific Uses; ARTICLE IV Agricultural and Residential Districts, Part 401 Rural Areas
District §165-401.3 Conditional Uses; to include a new definition for Boat Repair Shop,
supplemental use regulations for Boat Repair Shops, and permit Boat Repair Shops in the
RA (Rural Areas) Zoning District with a Conditional Use Pen -nit.
Passed this 14th day of April 2021 by the following recorded vote;
Charles S. DeHaven, Jr., Chairman Aye David D. Stegmaier Aye
J. Douglas McCarthy Aye Judith McCann- Slaughter Aye
Robert W. Wells Aye Blaine P. Duma. Aye
Shawn L. Graber Aye
A COPY ATTEST
Kris ie
Frederick County Administrator
Res ##082-21
Revised April 14, 2021
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
165-101.02 Definitions and word usage.
Boat Repair Shop - A structure or portion thereof, designed for or used for servicing, repair,
or equipping boats, but not including boat sales
ARTICLE II
Supplementary Use Regulations; Parking; Suffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
165-204.33 Boat repair shop
All boat repair uses shall meet the following requirements:
A. All repair activities shall take place entirely within an enclosed structure.
B. All exterior storage ofparts, equipment, and boats shall be screened from view of
surrounding properties by an opaque fence or screen a minimum of six (6) feet in
height. This fence or screen shall be adequately maintained.
C In the RA, Ml, and M2 Zoning Districts the sale or resale of boats shall not be
permitted as an accessory or secondary use to a boat repair shop.
ARTICLE IV
Agricultural and Residential Districts
Part 401
RA Rural Areas District
165-401.3 Conditional Uses.
DD. Boat repair shop.
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 5401665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Public Hearing - Ordinance Amendment -- Boat Repair Shop
DATE: March 25, 2021
This is a proposed text amendment to Chapter 165 — Zoning Ordinance to include "Boat Repair Shops"
as a conditional use in the RA (Rural Areas) Zoning District. The Frederick Zoning Ordinance
currently allows boat repair shops only within the M 1 (Light Industrial) and M2 (Industrial General)
Zoning Districts (classified as SIC -37 Transportation Equipment). A comparable use would be
automotive repair (SIC -75 Automotive Repair, Services, and Parking), which is also allowed as a by -
right use in the M1 and M2 Zoning Districts. In addition to being a by -right use in the M1 and M2
Districts, automotive repair is also permitted as a conditional use in the RA District (i.e. "public
garage").
The proposed amendment modifies three (3) sections of the Zoning Ordinance: 1) a new definition for
"boat repair shops," 2) additional regulations for specific uses for boat repair shops and, 3) the inclusion
of boat repair shops as a conditional use in the RA District.
The Development Review and Regulations Committee (DRRC) discussed this item at their meeting on
January 28, 2021. The DRRC agreed with the text amendment as drafted by staff and forwarded it to
the Planning Commission for discussion. The Planning Commission discussed this item on February
17, 2021. The Board of Supervisors discussed this item on February 24, 2021; the Board expressed
concern regarding the visibility of exterior storage of boats awaiting repair/pickup and the storage of
parts. The Board of Supervisors ultimately sent the amendment forward for public hearing with the
following changes to the "Additional Regulations for Specific Uses" section:
All exterior storage of parts, equipment, and boats shall be completely screened from view
of surrounding properties by an opaque fence or screen a minimum of six (6) feet in
height. This fence or screen shall be adequately maintained.
The Planning Commission held a public hearing on the proposed ordinance amendment on March 17,
2021; two (2) members of the public spoke in favor of the amendment. Following a public hearing, the
Planning Commission recommended approval of the amendment.
The attached document shows the existing ordinance with the proposed changes supported by the
Planning Commission. This proposed amendment is being presented to the Board of Supervisors
as a public hearing item. Staff is seeking action by the Board of Supervisors on this proposed
Zoning Ordinance text amendment.
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Resolution
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