Loading...
053-22 (OrdAmendmentChapter165Zoning(InoperableVehicles)) CO W t Action: PLANNING COMMISSION: January 5, 2022 Approved BOARD OF SUPERVISORS: February 23, 202.2 Approved RESOLUTION AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ORDINANCE INOPERABLE MOTOR VEHICLES CHAPTER t65—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 §165-204.1.1. Landfills,junkyards,trash disposal and inoperable vehicles WHEREAS, an ordinance to amend Chapter 165 -- Zoning Ordinance to clarify, amend requirements contained in general provisions, supplementary use regulations, and regulations for specific uses,; and WHEREAS, the Planning Commission held a public hearing on the ordinance amendment on January 5, 2022 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on January 26, 2022 and February 23, 2022; 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 Res #053-22 zoning practice; and NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors consider changes to amend Chapter 165 —Zoning Ordinance to clarify, amend and remove requirements contained in general provisions, supplementary use regulations, regulations for specific uses, and design standards Passed this 23x' day of February 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Blaine P. Dunn Aye Shawn L. Graber No Judith McCann-Slaughter Aye Josh E. Ludwig Aye Robert W. Wells Aye J. Douglas McCarthy Aye A COPY ATTEST Michael L. Bollhoefer Frederick County Ad istrator Res #053-22 F COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein,AICP, Senior Planner SUBJECT: Ordinance Amendments—Inoperable Motor Vehicles DATE: February 8,2022 Proposal: This is a request to amend Chapter 165—Zoning Ordinance to prohibit the unscreened storage of inoperable trailers(trailer,camping trailer, or semitrailer). Currently,the Zoning Ordinance prohibits the unscreened outdoor storage of inoperable motor vehicles; however, the current definition does not include provisions for the regulation of trailers. This amendment is seeking to amend the Zoning Ordinance so that trailers are subject to the same regulations as inoperable vehicles. Since the January 26, 2022 Board of Supervisors meeting, staff has drafted additional language in the definition section (§165-101.02)to ensure inoperable motor vehicles and trailers (trailer, camping trailer, or semitrailer) displaying a"farm use tag" or is being primarily used for agricultural purposes would not be subject to regulations and enforcement of inoperable motor vehicles and trailers. Current Zonine Ordinance Standards: The Zoning Ordinance (§165-101.02) defines "inoperable motor vehicles" as any motor vehicle which is not in operating condition,or any vehicle which has been partially or totally disassembled by the removal of tires and wheels, the engine or other essential parts required for operation of the vehicle or on which there are displayed neither valid license plates nor a valid inspection decal. The Zoning Ordinance (§165-204.11) Landfills,junkyards, trash disposal and inoperable vehicles, states that these are not permitted to be stored outside of a completely enclosed structure in all Zoning Districts except the RA(Rural Areas)District which allows for them to be screened from public roads or surrounding properties. Summary: The Planning Commission held a public hearing at their January 5,2022 meeting.No members of the public spoke on the proposed ordinance amendments. The Planning Commission recommended approval of the proposed ordinance amendment(Commissioner Brannon voted "no"). The Board of Supervisors held a public hearing at their January 26,2022 meeting. The primary discussion at the Board meeting was ensuring the ordinance is clear regarding that vehicles and trailers with farm use tags and/or those vehicles being uses for agricultural purposes on bona fide farms would not be cited for a zoning violation under the revised definition.The Board of Supervisors postponed action on the inoperable motor vehicles ordinance amendment to the last February meeting date. Conclusion and Requested Action: The attached document shows the existing ordinance with the proposed changes as drafted by staff(with Ordinance Amendments—Inoperable Motor Vehicles February 8,2022 Page 2 bold italic for text added). This item is presented for public hearing. Following a public hearing,Staff is seeking action by the Board of Supervisors on this proposed ordinance amendment. MTK/pd Attachment: 1.Revised ordinance with additions shown in bold underlined italics. Proposed Changes-Inoperable Motor Vehicles Revised/Reviewed by County Attorney on February 7,2022 Chapter 165-Zoning Ordinance ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions 165-101.02 Definitions and Word Usage. INOPERABLE MOTOR VEHICLE OR TRAILER - Any motor vehicle, trailer, camping trailer, or semitrailer, which is not in operating condition, or any--:vehiele which has been partially or totally disassembled by the removal of tires and wheels,the engine or other essential parts required for operation of the vehicle. Vehicles, trailers, campinz trailers, and semitrailers shall also be considered inoperable if they do not display a valid license plate or a valid inspection decal. neither-valid lieense pla4es nor- a :va4id inspeelien deeA. An inoperable motor vehicle, trailer, camping trailer, or semitrailer shall not include any motor vehicle, trailer, camping trailer, or semitrailer located on a property for such time as for the contemporaneous conduct of an azricultural and/or like purpose as provided for in Article 6 of Chapter 6 of Title 46.2 of the Code of Vin-inia,and,if located on a property for which a use permitted in the RA District is allowed, it either displays a "farm use"ta'-or is a vehicle, trailer, campinz trailer, or semitrailer,primarily used for agricultural purposes. ARTICLE II Supplementary Use Regulations; Parking; Buffers and Landscaping; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses § 165-204.11 Landfills,junkyards,trash disposal and inoperable vehicles and trailers. 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. C. Inoperable motor vehicles and trailers. 1) Inoperable motor vehicles and trailers shall not be stored outside of a completely enclosed building in the following zoning districts: RP Residential Performance R4 Residential Planned Community R5 Residential Recreational Community MH I Mobile Home Community HE High Education Proposed Changes—Inoperable Motor Vehicles Revised/Reviewed by County Attorney on February 7,2022 MS Medical Support BI Business Neighborhood B2 General Business B3 Industrial Transition OM Office-Manufacturing Park M1 Light Industrial M2 Industrial General EM Extractive Manufacturing 2) Inoperable motor vehicles and trailers permitted to be stored outside of a totally enclosed building shall be completely screened from public roads or surrounding properties.Permitted screening shall include opaque fences,opaque landscaping or opaque natural vegetation.