DRRC 05-26-05 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
--° FAX: 540/665-6395
MEMOR4ND SIM
To: Development Review and Regulations Subcommittee
From: Mark R. Cheran, Zoning Administrator
Subject: May Meeting and Agenda
Date: May 16, 2005
The Frederick County Development Review and Regulations Subcommittee (DRRS) will be meeting
on Thursday, May 26, 2005 at 7:30 p.m. in the first floor conference room (purple room) of the
County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRS will
discuss the following agenda items:
AGENDA
1) Discussion of uses in the B-3 (Industrial Transition District) Zoning District. Staff is
seeking input from the DRRS regarding uses currently allowed by Standard Industrial
Classification Code (SIC) in the B-3 Zoning District. (See attachments)
2) Discussion of changes to Section 165-156 of the Frederick County Zoning
Ordinance. This section of the zoning ordinance applies to definitions of the zoning
ordinance. Staff is seeking input from the DRRS on changes to this section. (See
attachments) Changes to this section of the Frederick County Zoning Ordinance will be an
on-going project as needed.
3) Other
Access to this building is limited during the evening hours. Therefore, it will be necessary to enter
the building through the rear door of the four-story wing. I would encourage committee members
and interested citizens to park in the County parking lot located behind the new addition or in the
joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing.
MRC/bad
Attachments
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Item # 1 B-3 uses by SIC
Staff is seeking input from the DRRS regarding the allowed uses in the B-3 (Industrial Transition)
Zoning District. The Frederick County Zoning Ordinance currently allows uses pursuant to the
Standard Industrial Classification Code (SIC) in the B-3 Zoning District. Staff has provided a list of
allowed uses in the B-3 Zoning District. Staff is seeking from the DRRS on any proposed changes to
this zoning district to enhance its current or future uses.
§ 165-82 FREDERICK COUNTY CODE § 165-82
Standard
Industrial
Conditional Uses Classification(SIC)
(b) Such uses shall not be permitted in
shopping centers and/or multi -tenant
buildings.
(c) All merchandise display areas shall be
limited to enclosed structures and shall
not be visible from the outside.
(d) Business signs shall not exceed a
maximum of 25 square feet. No wall
mounted signs or window displays
shall be permitted.
(e) Hours of operation shall be limited
to between 9:00 a.m. and 11:00 p.m.
C. B3 Industrial Transition District. The intent of this district is to provide
for heavy commercial activities, involving larger scale marketing or
wholesaling, in locations that are separate from but in the vicinity of
business and industrial areas. In some cases, such areas may be
transitional, located between business and industrial areas. In these
areas, there will be a mixture of automobile and truck traffic. Some of
the uses in this district will require large areas of land and may have
outdoor storage and display. It is intended that the uses in this district
shall not be sources of noise, dust, smoke or other nuisances. Such
industrial transition areas shall be provided with safe and sufficient
access.
16620 12-15-2004 ��
Standard
Industrial
Classification
Allowed Uses
(SIC)
Veterinary services with all activities and
074
animals kept within the fully enclosed
primary structure [Amended 1-10-2001]
16620 12-15-2004 ��
§ 165-82 ZONING § 165-82
Standard
Industrial
lrlaJJll ll.dlllJl lI
Allowed Uses (SIC)
Animal speciality services, except 752
veterinary, with all activities and animals
kept within the fully enclosed primary
structure [Added 1-10-20011
Landscape and horticultural services 078
Offices and storage facilities for
15, 16 and
building construction contractors,
17
heavy construction contractors and
special trade contractors
495
Commercial printing
275
Local and suburban transit and
41
interurban highway passenger transportation
52
Motor freight transportation and warehousing
42
Transportation by air
45
Transportation services
47
Communication facilities and offices,
48
including telephone, telegraph, radio,
television and other communications
Electric, gas and other utility
49
facilities and offices and trucking and
warehousing, excluding the following:
Sanitary services
495
Advertising specialties - wholesale
5199
[Added 8-24-20041
Building materials, hardware, garden
52
supply, mobile home dealers and retail
nurseries
Automotive dealers and gasoline
55
service stations
16621 12-15-2004
§ 165-82 FREDERICK COUNTY CODE
§ 165-82
Standard
Indi mtrial
Allowed Uses
Classification
(SIC)
Wholesale trade businesses
_
Restaurants [Added 5-26-2004]
58
Laundry, dry-cleaning and garment
721
services, excluding the following:
Coin-operated laundries
7215
Linen supply [Added 8-24-20041
7213
Dry-cleaning plants [Added 8-24-2004]
7216
Business services
73
__-Outdoor_ad services [Added 8-24-20041 -
Automobile recovery service [Added 8-24-2004]
Automobile repossession service
7389
[Added 8-24-2004]
Product sterilization service [Added 8-24-2004]
Repossession service [Added 8-24-2004]
7389
Automotive repair, services and parking
75
Miscellaneous repair services
76
Agricultural equipment repair [Added 8-24-2004]
Dental and medical instrument repair
7699
[Added 8-24-2004]
Farm machinery and tractor repair
7699
[Added 8-24-20041
Laboratory instrument repair [Added 8-24-2004]
Precision instrument repair [Added 8-24-20041
Repair of optical instruments [Added 8-24-2004]
Repair of service station equipment
7699
[Added 8-24-20041
16622 12-15-2004
§ 165-82 ZONING § 165-82
Standard
Industrial
Classification
Allowed Uses (SIC)
Scale repair service [Added 8-24-2004]
7699
Surgical instrument repair [Added 8-24-2004]
7699
Drive-in motion picture theaters
75
Amusement and recreation services
79
operated indoors
Self-service storage facilities
_
Vocational schools
824
Business associations
861
Professional membership organizations
862
Labor unions and similar labor organizations
863
Engineering, accounting, research,
87
management and related services
Testing laboratories [Added 8-24-2004]
8734
General business offices
_
Model home sales office
_
Accessory retailing
_
Public buildings
_
Public utility distribution facilities
_
Business signs
_
Directional signs
_
Building entrance signs
_
Residential uses which are accessory
_
to allowed business uses
Parks
16623 12-15-2004
§ 165-82 FREDERICK COUNTY CODE § 165-82
Standard
Industrial
Classification
Allowed Uses (SIC)
Flex -Tech [Added 2-11-1998]
Fire stations, companies and rescue squads -
[Added 10-27-19991
D. M1 Light Industrial District. The intent of this district is to provide for a
variety of light manufacturing, commercial office and heavy
commercial uses in well-planned industrial settings. Uses are allowed
which do not create noise, smoke, dust or other hazards. Uses are
allowed which do not adversely affect nearby residential or business
areas. Such industrial areas shall be provided with safe and sufficient
access.
16624 12-15-2004
Standard
Industrial
Classification
Allowed Uses
(SIC)
Landscape and horticultural services
078
Offices and storage facilities for
15, 16 and
building construction contractors,
17
heavy construction contractors and
special trade contractors
Manufacturing as follows:
—
Dairy products
202
Canned, frozen and preserved
203
fruits, vegetables and soup mixes
Bakery products
205
Sugar and confectionary products
206
Bottled and canned soft drinks and
2086
carbonated water
Flavoring extracts and flavoring syrups
2087
16624 12-15-2004
Item #2: Changes to Section 165-156
Staff would recommend changing the intent of Section165-156 of the Frederick County Zoning
Ordinance. This change will add clarification and understanding to the definitions of the Frederick
County Zoning Ordinance. Staff is seeking input from the DRRS on these proposed changes to
Section 165-156. Staff has also included definitions changes to the zoning ordinance; the proposed
changes are included for your review. (See below)
165-156 Definitions and Word Usage.
Words and Terms set forth below shall have the meanings ascribed to them. Any word,
term(s), or phrase used in this Zoning Ordinance not defined below shall have the meaning
ascribed to such word, term or phrase in the most recent edition of Merriam -Webster's
Dictionary, unless in the opinion of the Zoning Administrator, established customs or practices
in Frederick County, Virginia justify a different or additional meaning. Furthermore, the
purpose of this Zoning Ordinance, certain words, terms and phrases are herein defined as
follows:
Staff is seeking changes to the definitions located below. These proposed changes are for
clarification.
RESTAURANT- Any establishment which provides as a principal use the preparation
and the sale of food, frozen desserts, or beverages in a state ready for consumption by
customers within the establishment. A restaurant shall have the following
characteristics:
A. Customers are provided with an individual menu and are served their
food, frozen dessert, and beverages by restaurant employee at a table
or counter at which said items are consumed.
B. The food, frozen dessert, and beverages are served on non -disposable
plates or containers, and non -disposable eating utensils are provided.
Customers are not expected to clear their tables or dispose of their
trash.
C. Must meet the requirements of Section 165-27 of the Frederick
County Zoning Ordinance.
D. Any restaurant use in the B-1 (Neighborhood Business) Zoning
District shall be in compliance with Section 165-48.1 of the Frederick
County Zoning Ordinance.
A restaurant may provide a carry -out service provided that such service is
clearly not the principal business of such establishment. A snack bar or
refreshment stand at a recreational facility or park operating solely for the
convenience of the patrons of such facility shall not be deemed a restaurant,
and shall be deemed as an accessory use comprising no more than twenty-five
(25) percent of the total floor area. A cafeteria shall be deemed as an
accessory use; where food, frozen dessert, and beverages are generally
consumed within an established principal use.
RESTAURANT, CARRY -OUT ONLY - Any establishment, without a drive-
through facility, which provides as a principal use, the preparation and sale of
food, frozen dessert, and beverages for carry -out service only. May have a
seating capacity up to 1,000 square feet.
RESTAURANT, FAST FOOD- Any establishment which provides as a
principal use the preparation and sale of food, frozen deserts, and beverages
in a ready -to -consume state for consumption. Consumption may be within the
restaurant or a motor vehicle parked on the premises, or off -premises whose
design or principal method of operation includes one or more of the following
characteristics:
A. Food, frozen desserts, and beverages are served in edible containers
or in paper, plastic or other disposable containers. Eating utensils, if
provided, are disposable.
B. Food. frozen desserts, and beverages areusually served over a general
service counter for the customer to carry to a seating area within the
restaurant, to a motor vehicle or off premises. If consumed on.
premises, customers are generally expected to clean up their own
tables and dispose of their trash. May have drive-through facilities.
C. Forty-five present (45%) or more of the gross floor area of the
establishment is devoted to food preparation and related activities,
which space in not accessible to the public.
D. Must meet the requirements of Section 165-27 of the Frederick
County Zoning Ordinance.
E. Fast food restaurants located in the B-1 (Neighborhood Business)
Zoning District must be in compliance with Section 165-48.1 of the
Frederick County Zoning Ordinance.
Full Screen- Full screening plus a six (6) feet in height opaque fence, hedge, wall, mound or berm.
Landscape Screen- A landscape easement containing plants and other futures approved by the
Frederick County Zoning Ordinance; which provide a complete visual screen.
§ 165-156 ZONING § 165-156
ARTICLE XXII
Definitions
§ 165-156. Definitions and word usage. [Amended 11-13-19911
Unless a contrary intention clearly appears, the following words and phrases
shall have the meaning given in this section. All words and terms not defined
herein shall be used with a meaning of standard usage.
ABUT — To physically touch or border upon or to share a common
property line.
ACCESS — A way or means of vehicular or pedestrian approach to
provide physical entrance to a property.
ACCESSORY USE — A use of land or of a building or portion thereof
customarily incidental and subordinate to the principal use of the land
or building and located on the same lot with such principal use.
ACTIVE DISTANCE BUFFER — A distance buffer which contains no
building or principal structure of activity but which may contain an
accessory use or activity.
ADDITION — A structure added to the original structure at some time
after the completion of the original.
ADJACENT OR ADJOINING LOT OR LAND — A lot or parcel of land
which shares all or part of a common lot line with another lot or parcel
or land or which is immediately across a street or road from said parcel
or lot.
ADULT CARE RESIDENCES and ASSISTED LIVING CARE
FACILITIES — Any place, establishment or institution, public or private,
operated or maintained for the maintenance or care of four or more
adults who are aged, infirm or disabled and who are cared for in a
primarily residential setting, except a facility or portion of a facility
licensed by the State Board of Health or the Department of Mental
Health, Mental Retardation and Substance Abuse Services; and the
home or residence of an individual who cares for or maintains only
persons related to him by blood or marriage; and a facility or portion of
a facility serving infirm or disabled persons between the ages of 18
and 21. [Added 2-26-19971
ADULT RETAIL – A retail establishment for which 25% or more of its
stock in trade, as determined by floor area, is in videos, magazines,
16687 6-10-2003
§ 165-156 ZONING § 165-156
RECREATIONAL VEHICLE STORAGE — An area provided within a
residential recreational community for its residents to store
recreational vehicles such as boats, campers, RV's and travel trailers.
[Added 8-9-20001
RELATED RESIDENTIAL LAND USE – A dwelling, structure or facility
that has a specific affiliation with or whose residents receive a direct
benefit from hospitals, medical centers, medical offices, clinics, and
schools of medicine. [Added 9-12-20011
RESORT— A facility for transient guests where the primary attraction
is recreational features or activities.
y RESTAURANT— A facility in which food and drinks are prepared,
served and consumed.
RETAIL PETROLEUM PUMP CANOPY— A roof -like structure
designed to cover a retail petroleum pump island.
RETAIL USES — Establishments engaged in selling goods or
merchandise to the general public for personal or household
consumption and rendering services incidental to the sale of such
goods. "Retail uses" shall not include coal, wood and lumber yards.
REZONE— To change the zoning district classification of a particular
lot, parcel or area.
RIGHT-OF-WAY— Land dedicated or reserved for or occupied by a
road, railroad, utility or other similar use.
RIPARIAN BUFFER — An area of trees, shrubs, or other vegetation
that permits inundation by water and is at least 35 feet in width,
measured outward from both sides of a natural waterway beginning
along the slope of the ground from the channel scar line. A riparian
buffer is managed to maintain the integrity of stream channels and
reduce the effect of upland sources of pollution by trapping, filtering,
and converting sediments, nutrients, and other chemicals. [Added
4-23-20031
ROAD --- A street dedicated to or owned by Frederick County or the
Virginia Department of Transportation; also, existing privately owned
16705 6-10-2003
§ 165-156 ZONING § 165-156
program of services and protective supervision in a home setting.
[Added 9-12-20011
A -FAST-FOOD RESTAURANT— Any establishment whose principal
business is the sale of food or beverages in a ready -to -consume state
with a rapid turnover of customers. Food is provided for consumption
on or off the premises. Such establishments usually involve customer
self-service and the serving of food in disposable or edible containers.
FIRE CODE — The fire protection regulations adopted by the Frederick
County Board of Supervisors.
FLEET MAINTENANCE FACILITY, MEDICAL AND ALLIED HEALTH —
A structure or facility designed to maintain vehicles, aircraft and
equipment associated with medical and allied health services. [Added
9-12-20011
FLEX -TECH — A development concept that accommodates aspects of
retail, manufacturing, wholesale and warehousing by an individual user
within a single structure. Such development is designed to
accommodate users that require flexibility in their square footage
allocation_ A typical flex -tech user would be a small business that
initially requires a relatively small square footage but may increase the
business' square footage as the strength of the business improves.
[Added 2-11-19981
FLOOD -FRINGE DISTRICT— The portions of the floodplain not
included in the Floodway District.
FLOODPLAIN — A relatively flat or low land area adjoining a river,
stream or watercourse which is subject to partial or complete
inundation resulting from a storm with an average frequency of once
per every 100 years.
FLOODPLAIN DISTRICT — An area for which the floodplain boundary
has been established or approximated on the Flood Insurance Rate
Maps of the United States Department of Housing and Urban
Development or by other acceptable methods described by this
chapter.
FLOODWAY — The channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation
more than a designated height. [Added 8-12-19921
16695 10-25-2001
§ 165-156 FREDERICK COUNTY CODE § 165-156
FLOODWAY DISTRICT— The channel portions of the floodplain
capable of carrying the waters of a flood occurring with an average
frequency of once per every 100 years without increasing the water
surface elevation of that flood by more than one foot.
FLOOR AREA, GROSS — The sum of the gross horizontal areas of the
several floors of a building measured from the exterior face of exterior
walls or from the center line of a wall separating two buildings.
FLOOR AREA RATIO — The gross floor area of all buildings divided by
the lot area.
FULL SCREEN — A landscaped easement containing plants or other
features which provide a complete visual screen.
GARAGE, BODY REPAIR — A building or portion thereof, other than a
private garage or public garage, designed or used for body or fender
repair or spray painting.
GARAGE, PRIVATE — A deck, building or structure or part thereof
used or intended to be used for the parking and storage of vehicles.
GARAGE, PUBLIC — A building or portion thereof, other than a private
garage, designed or used for servicing, repairing or equipping motor
vehicles, but not including spray painting, body or fender repair,
service stations or vehicle sales.
GOLF COURSE — A tract of land used for playing golf, improved with
tees, greens, fairways and other features, including accessory uses
and structures.
GOLF DRIVING RANGE — An area in which individuals drive golf balls
from a central tee.
GROSS AREA— The total area of the land contained within the
boundaries of the lot or tract or within the perimeter boundaries of a
development.
GROSS DENSITY — The total number of dwellings divided by the total
gross area within the perimeter boundaries of a development. The
"gross density" within a section of a development shall be the
number of dwellings in the section divided by the total area of
residential lots, common yard areas, common open space required in
the section and right-of-way areas of roads and easements that are
interior to the section.
16696 10-25-2001
§ 165-156 ZONING § 165-156
municipally owned or operated building, structure or land used for
public purposes.
INSTITUTIONS OF HIGHER EDUCATION — An educational institution
whose primary purpose is to provide a collegiate or graduate
education.
INTER -PARCEL CONNECTOR — An at -grade entrance between
adjoining properties that is designed to facilitate vehicular access
between land uses without use of the street system. [Added
9-12-20011
JUNKYARD — Any area, lot, land, parcel, building or structure or part
thereof used for the storage, collection, processing, purchase, sale or
abandonment of wastepaper, rags, scrap metal or other scrap or
discarded goods, materials or machinery.
KENNEL — A place prepared to house, board, breed, handle or
otherwise keep or care for dogs for sale or in return for compensation.
LAKES and PONDS — Natural or artificial bodies of water which retain
water year round. Such bodies shall be considered to extend from the
maximum water level plus an additional 10 feet.
LANDFILL — A sanitary landfill site used for the disposal of solid
wastes beneath layers of soil and other materials.
LANDSCAPE SCREENING — Full screening plus a six -foot -high
opaque fence, hedge, wall, mound or berm.
LDN — A term referring to the average day -night sound level for areas
adjacent to the Winchester Regional Airport.
LDN MAP — A map showing the average day -night sound levels of 65
LDN and above for areas adjacent to the Winchester Regional Airport.
LEGALLY NONCONFORMING SIGN — Any sign lawfully existing on
the effective date of an ordinance, or amendment thereto, that
renders such sign nonconforming because it does not conform to all
the standards and regulations of the adopted or amended ordinance.
[Added 8-14-20021
LEGALLY NONCONFORMING STRUCTURE — A structure, the size,
dimensions, or location of which was lawful prior to the adoption,
revision, or amendment to the Zoning Ordinance but that fails by
16699 6-10-2003