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DRRC 09-27-07 Meeting AgendaMEMORANDUM COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 To: Development Review and Regulations Subcommittee From: Candice E. Perkins, AICP, Senior Plannei.0 Subject: September Meeting and Agenda Date: September 14, 2007 The Frederick County Development Review and Regulations Subcommittee (DRRS) will be meeting on Thursday, September 27, 2007 at 7:30 p.m. in the Board Room of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRS will discuss the following agenda items: AGENDA 1) SIC-NAICS Conversion. Review of the B2 (Business General) Zoning District SIC-NAICS Conversions. 2) Outdoor Storage Requirements. Discussion of ordinance amendment to the Frederick County Zoning Ordinance pertaining to outdoor storage and processing. 3) Refuse/Trash Storage and Screening Requirements. Discussion of ordinance amendment to the Frederick County Zoning Ordinance pertaining to refuse/dumpster storage and screening. Please contact this office if you will not be able to attend the meeting. Thank you. 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 Board Room. I would encourage committee members to park in the county parking lot located behind the new addition (accessible off of Cameron Street). CEP/dlw Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Item fl: SIC-NAICS CONVERSIONS See Attached Memo COUNTY of FREDERICK Department of Planning and Development MEMORANDUM TO: Development Review and Regulations Subcommittee FROM: Eric R. Lawrence, AICP, Planning Director'` SUBJECT: Update — SIC-NAICS Conversion for the B2 Zoning District DATE: September 6, 2007 540/665-5651 FAX: 540/665-6395 The SIC-NAICS Work Group, a committee of the DRRS, has completed its conversion of the 132 Zoning District. Following review of the conversion effort, the DRRS' recommendation on the effort would be appropriate. As you may recall, the Work Group has been tasked with overseeing the conversion of the zoning ordinance's commercial and industrial districts from SIC (Standard Industrial Classification) code based to NAICS (North American Industrial Classification System) codes. This memo is being utilized to present the results of the Work Group's effort in terms of the 132 Zoning District Conversion; the Work Group will continue to work on the 133, M1, M2 and EM Zoning District conversions. Attached you will find: (1) Pages 1 thru 7 representing a summary table of the SIC to NAICS conversion and whether the uses are appropriate for inclusion in the NAICS 132 Zoning District; (2) Pages 8 and 9 representing the potential 132 Zoning District permitted uses list utilizing the NAICS; and (3) a brief history on the NAICS. Please contact me should you have questions. ERL/dlw Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 B2 Zoning Ordinance SIC to NAICS Conversions Current Ordinance USE Veterinary Offices with all activities and animals kept within fully enclosed primary structure, excluding 0741 Animal specialty services, except veterinary, with all activities and animals kept within the fully enclosed primary structure Communication facilities and offices, including telephone, telegraph, radio, television and other communications, excluding SIC 4899 Communication services not elsewhere classified Conversation t( SIC NAICS 74 541940 752 115210 812910 48 515 515111 515112 515120 515210 517 517110 517211 517212 517310 Page 1 of 9 Proposed Ordinance NAICS NAICS USE 541940 Veterinary Services with all activities and animals kept within fully enclosed primary structure, excluding Livestock inspecting and testing services and Livestock Veterinary Services EXCLUDE exclude Support Activities for Animal Production 812910 Pet Care (except Veterinary) Services without Boarding facilities 515 Broadcasting Radio Networks Radio Stations Television Broadcasting Cable and Other Subscription Programming 517 Telecommunications Wired Telecommunication Carriers Paging 517212 EXCLUDING Cellular and Other Wireless Carriers Telecommunication Resellers 132 Zoning Ordinance SIC to NAICS Conversions Current Ordinance USE Paint, glass and wallpaper stores 523 Hardware Stores 525 Retail nurseries and lawn and garden supply stores 526 General merchandise stores 53 Food stores excluding fruit and vegetable stands (5431) 54 Conversation to Proposed Ordinance NAICS NAICS NAICS USE 517410 517410 EXCLUDING Satellite Telecommunications 517510 Cable and Other Program Distributors 517910 517910 EXCLUDING Other Telecommunications 812990 812990 Excluding All Other Personal Services 485310 485310 EXCLUDING Taxi Services (;31C 48991) 444120 444120 Paint and Wallpaper Stores; 444190 444190 Other Building Material Dealers 444130 444130 Hardware Stores 444210 EXCLUDE Outdoor Power Equipment Stores 444220 444220 Nurseries, Garden Centers, and Farm Supply Stores 452 452 General merchandise stores 452111 Department Stores (except Discount Department Stores) 452112 Discount Department Stores 452910 Warehouse Clubs and Super centers 452990 All Other General Merchandise Stores 311330 311330 Confectionary Manufacturing) from Purchased Chocolate 311340 311340 Nonchocholate Confectionery Manufacturing 311811 311811 Retail Bakeries Page 2 of 9 Current Ordinance USE 132 Zoning Ordinance SIC to NAICS Conversions .Rfr Automotive dealers and gasoline stations 55 Apparel and accessory stores 56 Home furniture, furnishings and equiipment stores 57 Conversation to Proposed Ordinance NAICS I NAICS NAICS USE 445 445 Food and Beverage Stores 447 447 Gasoline Stations 447190 447190 EXCLUDING Truck Stops 454 454 Nonstore Retailers 454311 454311 EXCLUDING Heating Oil Dealers 454312 454312 EXCLUDING Liquefied Petrolium Gas Dealers 454319 454319 EXCLUDING Other Fuel Dealers 441 Motor Vehicle and Parts Dealers 447 Gasoline Stations EXCLUDING Truck Stops 448 Clothing and Clothing Accessories Stores 315 EXCLUDE Clothing Manufacturing 31412 EXCLUDE Household Textile Product Mills 327112 EXCLUDE Vitreous China, Fine Earthenware, and Other Pottery Product Manufacturing 337110 EXCLUDE Wood Kitchen Cabinet and Countertop Manufacturing 337121 EXCLUDE Upholstered Household Furniture Manufacturing 337122 EXCLUDE Nonupholstered Wood Houysehold Furniture Manufacturing 441 Motor Vehicle and Parts Dealers 442 Furniture and Home Furishing Stores Page 3 of 9 B2 Zoning Ordinance SIC to NAICS Conversions Current Ordinance Conversation to Proposed Ordinance USE SIC NAICS NAICS NAICS USE 443 Electronics and Appliance Stores 444 Building Material and Garden Equipment and Suppies Dealers 445 Food and Beverage Stores 446 Health and Personal Care Stores 447 Gasolone Stations 44 44 Retail Trade 451 Sporting Goods, Gobbies, and Music Stores 452 General Merchandise Stores 453 Miscellaneous Store Retailers 453310 453310 Used Merchandise Stores (Only Operated Indoors) 454 Nonstore Retailers 45 45 Retail Trade Restaurants 58 71110 71110 Theater Companies and Dinner Theaters 722 722 Food Service and Drinking Places Miscellaneous retail, except for the folowing: Fuel Dealers 59 (598) 339113 339113 Surgical Appliance and Supplies Manufacturing 339115 339115 Ophthalmic Goods Manufacturing Exclude 598 Fuel Dealers 454311 EXCLUDE Heating Oil Dealers 454311 Page 4 of 9 132 Zoning Ordinance SIC to NAICS Conversions Current Ordinance USE Finance, insurance and real estate offices Hotels and motels Organizaton hotels and lodging Personal Services, including laundry and funeral services, excluding the following: ... Linen supply ... Dry Cleaning plants ... Industrial launderers ... Escort services ...Turkish baths ... Steam baths SIC 701 704 72 Exclude 7213 Exclude 7216 Exclude 7218 Exclude 7299 Exclude 7299 Exclude 7299 Conversation tc NAICS 454312 454319 52 531 7211 72121 72131 721 721 812331 812320 812332 611511 8121 Page 5 of 9 Proposed Ordinance NAICS NAICS USE EXCLUDE Liquefied Petrolium Gas Dealers 454312 EXCLUDE Other Fuel Dealers 454319 52 Finance and Insurance Offices 531 Real Estate Management Offices, EXCLUDING actual occupancy of residential dwellings 7211 Hotels and Motels EXCLUDE Recreational Vehicle Parks and Campgrounds EXCLUDE Rooming and Boarding Houses Accommidation Accommidation 812331 EXCLUDING Linen Supply 812320 EXCLUDING Drycleaning and Laundry Services 812332 EXCLUDING Industrial Launderers 611511 Beauty and Cosmetology School 8121 Personal Care Services Current Ordinance USE B2 Zoning Ordinance SIC to NAICS Conversions SIC Conversation to Proposed Ordinance NAICS I NAICS NAICS USE 8122 8122 Funeral Services and Crematories 8123 8123 Laundry and Garment Services 53220 53220 Formal Wear and Costume Rental 541990 541990 Professional, Scientific, and Technical Services 561 561 Administratvie and Support Services 561210 Exclude EXCLUDING jails privately owned 561210 Exclude EXCLUDING jail operation on a contract or fee basis 561910 Exclude EXCLUDING product sterilization and packaging services 814110 Exclude Private Households 811111 Exclude General Automotive Repair 811112 Exclude Automotive Exhaust System Repair 811113 Exclude Automotive Transmission Repair 811118 Exclude Automotive and Electircal Repair and Maintenance 811121 Exclude Automotive Body, Paint, and Interior Repair and Maintenance 811122 811122 Automotive Glass Replacement 811191 811191 Automotive Oil Change and Lube Shops 811192 811192 Car Washes not including truck and bus washes 811198 Exclude Other Maintenance and Automotive Repair 8112 Exclude Electronic and Precision Equipment Repair and Maintenance 8113 Exclude Commercial and Industrial Machinery Repair and Maintenance Page 6 of 9 Current Ordinance USE 132 Zoning Ordinance SIC to NAICS Conversions SIC Conversation to Proposed Ordinance NAICS NAICS NAICS USE 811411 Exclude Home and Garden Equipment Repair and Maintenance 811412 Exclude Appliance Repair and Maintenance 811420 811420 Reupholstry and Furniture Repair 811430 811430 Footwear and Leather Goods Repair 811490 Personal and Household Goods Repair and Maintenance 811490 Exclude Boat, pleasure, repair and maintenance services w/o retail 811490 Exclude motorboat repair and maintenance services 811490 Exclude motorcycle repair shops w/o retailing new motorcylces 811490 Exclude outboard motor repair shops 8121 8121 Personal Care Services 8122 8122 Funeral Homes and Services 8122 Exclude Cemetaries and Crematories 812320 812320 Coin Operating Laundry Services and Dry Cleaners 812331 Exclude Linen Supply 812332 Exclude Industrial Launderers 813 813 Organizations 814 EXCLUDE Private Households Page 7 of 9 Proposed B2 Uses Using NAICS (Based on the 1997 version of NAICS) Allowed Uses NAICS code Confectionary Manufacturing from Purchased Chocolate 311330 Nonchocholate Confectionery Manufacturing 311340 Retail Bakeries 311811 Surgical Appliance and Supplies Manufacturing 339113 Ophthalmic Goods Manufacturing 339115 Retail Trade 44 and 45 Gasoline Stations EXCLUDING Truck Stops 447 Used Merchandise Stores (Only Operated Indoors) 453310 EXCLUDING Heating Oil Dealers 454311 EXCLUDING Liquefied Petrolium Gas Dealers 454312 EXCLUDING Other Fuel Dealers 454319 Broadcasting 515 Telecommunications 517 EXCLUDING Cellular and Other Wireless Carriers 517212 EXCLUDING Other Telecommunications 517910 Finance and Insurance Offices 52 Real Estate Management Offices, EXCLUDING actual occupancy of residential dwellings 531 Veterinary Services with all activities and animals kept within fully enclosed primary structure, excluding Livestock inspecting and testing services and Livestock Veterinary Services 541940 Administratvie and Support Services 561 EXCLUDING jails privately owned 561210 EXCLUDING jail operation on a contract or fee basis 561210 EXCLUDING product sterilization and packaging services 561910 Theater Companies and Dinner Theaters 71110 Hotels and Motels 7211 Food Service and Drinking Places 722 Proposed B2 Uses Using NAICS (Based on the 1997 version of NAICS) Allowed Uses Personal Care Services Funeral Services and Crematories Laundry and Garment Services EXCLUDING Linen Supply EXCLUDING Drycleaning and Laundry Services EXCLUDING Industrial Launderers Pet Care (except Veterinary) Services without Boarding facilities NAICS code 8121 8122 8123 812331 812320 812332 812910 NAICS Association - Information AL TAJ �. IL Home NAICS Info Products Data Services Code Search Contact Us Pagel of 6 Small Business Size Standards The History of NAICS The Standard Industrial Classification (SIC) was originally developed in the 1930's to classify establishments by the type of activity in which they are primarily engaged and to promote the comparability of establishment data describing various facets of the U.S. economy. The SIC covers the entire field of economic activities by defining industries in accordance with the composition and structure of the economy. Over the years, it was revised periodically to reflect the economy's changing industry composition and organization. The Office of Management and Budget (OMB) last updated the SIC in 1987. In recent years, rapid changes in both the U.S. and world economies brought the SIC under increasing criticism. The 1991 International Conference on the Classification of Economic Activities provided a forum for exploring the issues and for considering new approaches to classifying economic activity. In July 1992, the OMB established the Economic Classification Policy Committee chaired by the Bureau of Economic Analysis, U.S. Department of Commerce, with representatives from the Bureau of the Census, U.S. Department of Commerce, and the Bureau of Labor Statistics, U.S. Department of Labor. The OMB charged the ECPC with conducting a "fresh slate" examination of economic classifications for statistical purposes and determining the desirability of developing a new industry classification system for the United States based on a single economic concept. A March 31, 1993, Federal Register notice (pp. 16990- 17004) announced OMB's intention to revise the SIC for 1997, the establishment of the Economic Classification Policy Committee, and the process for revising the SIC. The ECPC and Statistics Canada reviewed the existing structure of detailed "4 -digit" industries in the 1987 U.S. SIC and the 1980 Canadian SIC for conformance to economic concepts. NAICS Structure NAICS industries are identified by a 6 -digit code, in contrast to the 4 -digit SIC code. The longer code accommodates the larger number of sectors and allows more flexibility in designating subsectors. It also provides for additional detail not necessarily appropriate for all three NAICS countries. The international NAICS agreement fixes only the first five digits of the code. The sixth digit, where used, identifies subdivisions of NAICS industries that accommodate user needs in individual countries. Thus, 6 - digit U.S. codes may differ from counterparts in Canada or Mexico, but at the 5 -digit level they are standardized. The New Hierarchical Structure The Principles of NAICS Development The principles upon which the three countries proposed to develop NAICS are as follows: I. NAICS will be erected on a production -oriented, or supply -based, conceptual framework. This means that producing units that use identical or similar production processes will be grouped together in NAICS. 2. The system will give special attention to developing production -oriented classifications for (a) new and emerging industries, (b) service industries in general, and (c) industries engaged in the production of advanced technologies. 3. Time series continuity will be maintained to the extent possible. However, changes in the economy and proposals from data users must be considered. In addition, adjustments will be required for sectors where Canada, Mexico, and the United States presently have incompatible industry classification definitions in order to produce a common industry system for all three North American countries. 4. The system will strive for compatibility with the 2 -digit level of the International Standard Industrial Classification of All Economic Activities (ISIC, Rev. 3) of the United Nations, Three Country Comparability Three -country comparability of the North American Industry Classification System (NAICS) 2002 NAICS 2002 has a five -digit classification structure, with a six -digit for national industries. With some important exceptions, it provides a set of standard 5 -digit industries that describe the industrial structure and composition of the Canadian, United States and Mexican economies at selected levels of aggregation where agreement occurred among the three countries on a compatible classification. lttp://vwvw.naics.com/info.htm 9/6/2007 NAICS Association - tntormation XX Industry Sector (20 broad sectors up from 10 SIC) XXX Industry Sub sector XXXX Industry Group XXXXX Industry XXXXXX U.S., Canadian, or Mexican National specific The following are the 20 broad sectors (up from the 10 divisions of the SIC system): Code NAICS Sectors 11 Agriculture, Forestry, Fishing and Hunting 21 Mining 22 Utilities 23 Construction 31-33 Manufacturing 42 Wholesale Trade 44-45 Retail Trade 48-49 Transportation and Warehousing 51 Information 52 Finance and Insurance 53 Real Estate and Rental and Leasing 54 Professional, Scientific, and Technical Services 55 Management of Companies and Enterprises 56 Administrative and Support and Waste Management and Remediation Services 61 Education Services 62 Health Care and Social Assistance 71 Arts, Entertainment, and Recreation 72 Accommodation and Food Services 81 Other Services (except Public Administration) 92 Public Administration Many of the new sectors reflect recognizable parts of SIC divisions, such as the Utilities and Transportation sectors, broken out from the SIC division Transportation, Communications, and Utilities. Similarly, the SIC division for Service Industries has been subdivided to form several new sectors, as shown in the chart below. Other sectors represent combinations of pieces from more than one SIC division. The new Information sector includes major components from Transportation, Communications, and Utilities (broadcasting and telecommunications), Manufacturing (publishing), and Services Industries (software publishing, data processing, information services, motion picture and sound recording). The Accommodation and Foodservices sector puts together hotels and other lodging places from Service Industries and eating and drinking places from Retail Trade. NAICS Sector to SIC Divisions The chart below shows the NAICS sectors and the SIC divisions from which their primary components were derived. Text linked from the chart discusses the makeup of the new sectors in greater detail. Code II NAICS Sectors II SIC Divisions 11 11 Agriculture, Forestry, Hunting, 11 Agriculture, Forestry, and Page 2 of 6 Below the agreed-upon level of compatibility each country has added additional detailed six -digit industries, as necessary to meet national needs, provided that this additional detail aggregates to the NAICS level. Exceptions to the rule of five -digit industry level NAICS compatibility are shown below in a table. Exceptions to the rule of five -digit industry level NAICS 2002 comparability NAICS Level Ends At: Wholesale Trade; Sector Retail Trade; and Sector Public Administration. Waste Management and Remediation Services; Credit Intermediation and Related Activities; 3 -Digit Sub Utilities; sector * Personal and Laundry Services; and Religious, Grant making, Civic, Professional and other Similar Organizations. 4 -Digit Industry Finance (except sub sector 522), Group and Insurance: Real Estate * Sub sector 526 in Finance is a NAICS Canada sub sector only .Add your text here! Separate agreements providing for detailed industry comparability between Canada and the United States were reached for the utilities; retail trade; and finance and insurance sectors. Differences in NAICS 2002 Manuals Classes below the NAICS level are specific to each country and do not show up in the other countries' NAICS Manuals. Difference between these codes in NAICS Canada, NAICS US, and SCIAN Mexico reflect: 1. differences in relative size which allows for more national industry detail in selected sectors (e.g., Manufacturing in the United States) 2. classes which are analytically important to one country for cultural, economic or institutional reasons (e.g., Cultural Industries in Canada) 3. detail each country has chosen to fill in the classification below the NAICS level. 4. limited time and resources available for developing NAICS. littp://www.naics.com/info.htm 9/6/2007 NAICS Association - information I II and Hunting II Fishing 21 Mining Mining 23 Construction Construction 31- Manufacturing Manufacturing 33 11 2211Utilities II I r n i r ransporrarion, Communications and Public 48 Transportation and Warehousing Utilities 49 42 Wholesale Trade Wholesale Trade 44- Retail Trade Retail Trade 45 72 Accommodation and Food Services 52 Finance and Insurance Finance, Insurance, and Real Estate 53 =RealEstateand Rental and FS 17 Information Services 54 Professional, Scientific, and Technical Services 56 Administrative Support; Waste Management and Remediation Services 61 Educational Services 62 Health Care and Social Assistance 71 Arts, Entertainment, and Recreation 81 Other Services (except Public Administration) 92 ]1Public Administration Public Administration IMPORTANT CHANGES BY SECTOR Manufacturing The Manufacturing sector is reorganized and re -sequenced to achieve comparability with Canada and Mexico. Seventy-nine new industries are recognized and another 186 are revised. In all, there are 474 NAICS industries in manufacturing as compared with 459 in the 1987 SIC. The most significant change to manufacturing is the creation of the Computer and Electronic Product Manufacturing sub sector. This new sub sector brings together those establishments engaged in the production of computers, computer peripherals, communications equipment, similar Page 3 of 6 In many cases, the national detail in the NAICS Canada and NAICS US Manuals are similar. Note that residual 6 -digit classes can end in either and 8 or a 9. Within each sector, the country with the larger number of 6 -digit classes identified their residual classes with a code ending in 9. As a rule, the 6 -digit classes of the three countries carry the same code when they refer to similar industries and different codes when they refer to different industries. However, in rare instances, when the combined number of Canadian and US 6 -digit classes exceeded 10, this resulted in an identical code for classes with a different content. There are only 3 such cases, viz: NAICS Canada 2 002 Code NAICS US 2002 55 Management of Companies and (parts of all divisions) All Other Enterprises All Other IMPORTANT CHANGES BY SECTOR Manufacturing The Manufacturing sector is reorganized and re -sequenced to achieve comparability with Canada and Mexico. Seventy-nine new industries are recognized and another 186 are revised. In all, there are 474 NAICS industries in manufacturing as compared with 459 in the 1987 SIC. The most significant change to manufacturing is the creation of the Computer and Electronic Product Manufacturing sub sector. This new sub sector brings together those establishments engaged in the production of computers, computer peripherals, communications equipment, similar Page 3 of 6 In many cases, the national detail in the NAICS Canada and NAICS US Manuals are similar. Note that residual 6 -digit classes can end in either and 8 or a 9. Within each sector, the country with the larger number of 6 -digit classes identified their residual classes with a code ending in 9. As a rule, the 6 -digit classes of the three countries carry the same code when they refer to similar industries and different codes when they refer to different industries. However, in rare instances, when the combined number of Canadian and US 6 -digit classes exceeded 10, this resulted in an identical code for classes with a different content. There are only 3 such cases, viz: NAICS Canada 2 002 Code NAICS US 2002 Other Printing 323119 Printing Other Commef1i All Other All Other Miscellaneous Canadian and United States industries Miscellaneous Fabricated Metal 332999 Fabricated Metal Product [No superscript symbol] Canadian, Product Manufacturing Manufacturing In the published paper version (12-501-XPE), comparable NAICS classes are identified by using the following superscripts: SymbolExplanation CAN Canadian industry only Canadian and Mexican industries are MEx comparable Canadian and United States industries us are comparable [No superscript symbol] Canadian, [Blank] Mexican and United States industries are comparable. lttp://www.naics.com/info.htm 9/6/2007 NAICS Association - Information Page 4 of 6 electronic products, and the components for such products. The sub sector was created because of the economic significance these industries have obtained, because their rapid growth suggests that the products of these industries will become even more important to the economies of the North American countries, and because the production processes of the establishments in these industries are fundamentally different from the production processes for other machinery and equipment. A number of important activities have been moved out of manufacturing while other activities have moved in. Publishing has moved to the new Information sector and logging to Agriculture, Forestry, and Fishing. Coming into manufacturing are bakeries that bake on the premise and custom manufacturing. Retail and Wholesale Trade NAICS redefines the boundaries between Retail and Wholesale Trade. The new NAICS definition emphasizes what the establishment does, rather than to whom it sells. Retailers are defined as those establishments that sell merchandise, generally without transformation, and attract customers using methods such as advertising, point-of-sale location, and display of merchandise. A store retailer has a selling place open to the public; merchandise on display or available through sales clerks; facilities for making cash or credit card transactions; and services provided to retail customers. Wholesale establishments, on the other hand, are primarily engaged in selling or arranging the purchase or sale of: (a) goods for resale, (b) capital or durable non -consumer goods, and (c) raw and intermediate materials and supplies used in production. Wholesalers normally operate from a warehouse or office and are characterized by having little or no display of merchandise. In addition, neither the design nor the location of the premises is intended to solicit walk-in traffic. Wholesalers also do not normally use advertising directed to the general public. The 1987 SIC defined retailers as those establishments that sold primarily to consumers while wholesalers were those establishments that sold primarily to business customers. The distinction between the boundaries of the two SIC divisions was based on class of customer rather than the selling characteristics of the establishment. It is estimated that seven percent of computer wholesalers; 22 percent of office supply wholesalers; 35 percent of farm supply wholesalers; and 57 percent of petroleum bulk stations will move to retail. Another major change to the retail trade sector is the removal of restaurants from retail trade. Restaurants are combined with accommodations to form a new sector in NAICS, Accommodation and Foodservices. Restaurants accounted for about 10 percent of retail trade as defined by the 1987 SIC. Information Perhaps the most important change in NAICS is the recognition of a new Information sector. This new sector includes those establishments that create, disseminate, or provide the means to distribute information. It also includes establishments that provide data processing services. Industries included in this new sector are newspaper, book, and periodical publishers, previously included in the manufacturing sector in the SIC; software publishers, previously included in services; broadcasting and telecommunications producers and distributors, previously included with utilities and transportation; and motion picture and sound recording industries, information services, and data processing services, previously included in services. ittp://www.naics.com/info.htm 9/6/2007 NAICS Association - Information Page 5 of 6 There are 34 industries included in this new sub sector, 20 of which are new. Some of the new industries include paging, cellular and other wireless telecommunications, and satellite telecommunications. Finance and Insurance This new sector recognizes the important and dynamic changes occurring in the U.S. financial sector. Real estate --part of this grouping in the SIC -- was moved to a new sector called Real Estate and Rental and Leasing. Deregulation and the constantly changing structure of financial industries made it difficult to construct a system among the three countries. Therefore, agreement with Mexico for this sector reaches only to the 3 - digit level (sub sector) for finance and 4 -digit level (industry group) for insurance. However, Canada and the United States reached agreement down to the 5 -digit level. Real Estate and Rental and Leasing This sector includes industries from Services; Finance, Insurance, and Real Estate; and Transportation, Communications, and Public Utilities Professional, Scientific, and Technical Services Those businesses whose major input is human capital are grouped together in this new sector. The industries within this sector are each defined by the expertise and training of the service provider. The sector includes such industries as offices of lawyers, engineering services, architectural services, advertising services, veterinary services, advertising services, and interior design services. Forty-seven industries are grouped in this sector, 28 of which are new. Administrative and Support; Waste Management and Remediation Services This sector includes industries from Services; Transportation, Communications, and Utilities; Construction; and Agriculture, Forestry, and Fishing Educational Services Health and Social Assistance This new sector recognizes that it is sometimes difficult to distinguish between the boundaries of health care and social assistance; therefore, NAICS groups these industries together in a new Health and Social Assistance sector. The industries are grouped in order from those providing the most intensive type of health care to those providing minimal health care with social assistance to those providing only social assistance. There are 39 industries in this new sector, 27 of which are new. Some of the new industries include HMO Medical Centers, Family Planning Centers, Blood and Organ Banks, Diagnostic Imaging Centers, Continuing Care Retirement Communities, and Community Food Services. The sector also includes ambulance services transferred from Transportation, Communications, and Public Utilities. Accommodation and Food Services This sector includes lodging from Services and food services from Retail Trade Arts, Entertainment, and Recreation littp://www.naics.com/info.htin 9/6/2007 NAICS Association - information Those businesses engaged in meeting the cultural, entertainment, and recreational interests of their patrons are grouped together in this new sector. Casinos and other gambling businesses are recognized for the first time in NAICS, as are historical sites and sports teams and clubs. In all, there are 25 industries in the sector, most of which are new -- 19 in all. While most of the industries in the sector come from the SIC Services division, others come from Retail Trade and Finance, Insurance, and Real Estate. Other Services This sector includes industries from Services; Agriculture, Forestry, and Fishing; Manufacturing; and Finance, Insurance, and Real Estate Auxiliary Establishments Auxiliary establishments are those establishments that primarily produce support services for other establishments of the enterprise. Generally, these support services are not intended for use outside of the enterprise. In NAICS, these establishments are classified according to the establishment's primary activity. For example, an establishment providing data processing services for an enterprise is classified in NAICS 51421, Data Processing Services. An establishment that is the head office of an enterprise is classified in the new NAICS industry 551113, Corporate, Subsidiary, and Regional Managing Offices. In the 1987 SIC, each of these establishments was classified according to the primary activity of the establishment for which the support activity was performed. In the above examples, if those support units primarily served an automobile making plant, the support establishment was classified in automobile manufacturing. The SIC, however, treated the production of goods for other establishments of the same enterprise differently. If a manufacturing establishment produced goods for use within the enterprise, the manufacturing establishment was classified according to its primary activity, not the primary activity of the establishment it served. This different treatment of service producing versus manufacturing auxiliary establishments was inconsistent and NAICS recognized this inconsistency. NAICS classifies auxiliary establishments based on what they do, not on whom they serve. The production oriented concept of NAICS mandated this change. This change will result in significant shifts in employment data. In 1992, Census data showed over 1,000,000 auxiliary employees assigned to manufacturing and over 840,000 auxiliary employees assigned to retail trade. These employees are most likely to move to either the Management of Companies and Enterprises sector; the Warehousing and Storage sub sector; the Computer Systems Design and Related Services sub sector; the Accounting, Tax Preparation, Bookkeeping and Payroll Services sub sector; or some other services -related sub sector. For the 1997 Economic Census, these auxiliary establishments will be dual coded by primary activity and by whom they serve. The data will be shown separately to provide data users with the necessary links to prior information. Page 6 of 6 NAICS Association 1 129 Lakeshore Drive, Rockaway, NJ 07866 1 Phone: 973-625-5626 1 Email: info@naics.com Copyright (c) 2007 NAICS Association. All rights reserved Ihttp://www.naics.com/info.htm 9/6/2007 Item #2: Outdoor Storage and Processing Requirements The requirements that cover outdoor storage and processing of materials within Frederick County is covered under The Frederick County Zoning Ordinance §165-33 —Outdoor storage and processing. This portion of the ordinance is very vague and does not cover some of the important aspects that pertain to outdoor storage. The ordinance currently states that outdoor storage/processing must be "completely screened" but does not say by what or how high the screen must be. The ordinance also does not cover what surface material the storage area needs to consist of and does not specifically refer to any landscaping requirements. In terms of screening of the outdoor storage lots, the proposed ordinance revision would require outdoor storage areas to be screened by a six foot tall fence, wall, berm or by a double row of evergreen screen. If evergreen trees are proposed for the opaque screening the trees must be 6' tall at time of planting and be spaced no more than 8' on center. The ordinance currently does not specify a surface material for outdoor storage. The proposed ordinance revision would be to require the surface areas of outdoor storage areas consist of asphalt, concrete, stone, gravel or other impervious surface approved by the Frederick County Zoning Administrator. Landscaping for the storage areas has become an issue and needs to be addressed as well. The outdoor storage section ofthe Zoning Ordinance does not include provisions for landscaping, but the of street parking; parking lots (§165-27) has a requirement that states that the perimeter of impervious surface must provide one shade tree per 2,000sf up to I00,000sf When site plans are submitted that have outdoor storage areas, staff has consistently been applying this section of the ordinance to the impervious surface areas of storage lots. Recently the application of this section of the ordinance has become problematic since the impervious surface landscaping requirement is under the parking section of the ordinance, even though many outdoor storage areas have a large amount of impervious surface. The proposed ordinance amendment would be added to § 165-33 and would state that all outdoor storage areas shall provide one tree per 5,000 square feet of impervious area. The amendment would also state that six foot evergreen trees may be provided in lieu of the shade trees when used as part of the opaque screening for the storage area. In regards to the size of outdoor storage areas, the Zoning Ordinance does not place a size limitation on outdoor storage area. In doing research it is noted that some other localities have placed size maximums on outdoor storage areas, they are as follows: • Prince William County - No more than twenty (20) percent of the total lot area may be devoted to outdoor storage. • Loudoun County - Outdoor storage for permitted and/or special exception uses, not to exceed 25 percent of the gross floor area of the principal use. No storage of any kind shall be permitted within any required yard. In an effort to ensure that all outdoor storage areas provide adequate screening, surface material and landscaping, staff is requesting the DRRS consider this amendment. In considering this issue, the DRRS is asked to address multiple points. These include: Should the outdoor storage screening requirements be revised? • Should the outdoor storage section be revised to include surface materials? • Should a specific landscaping requirement be placed on the impervious surface of the storage areas? • Should a size limitation be placed on the outdoor storage areas? Staff has provided a copy of the ordinance as it exists currently in the Zoning Ordinance as well as an example of how the ordinance could be revised. If the DRRS is supportive of this ordinance amendment, staff will forward it to the Planning Commission and Board of Supervisors for their consideration. Attachments: 1. Existing Ordinance. 2. Existing Ordinances with proposed deletions shown in blackline and additions shown in bold italics. 3. Proposed Ordinances (clean version). ATTACHMENT 1 § 165-31 ZONING § 165-33 approved by the Zoning Administrator which specify the restrictions to be placed on the environmental areas. § 165-32. Stormwater management. A. Basic requirements. All development in Frederick County shall meet the requirements of Chapter 79, Erosion and Sediment Control, of the Frederick County Code. B. Runoff rates. In addition, all developments requiring site plan approval shall limit the rate of stormwater runoff so that no greater rate of runoff from the site is permitted than that occurring prior to development for storms with a two-, ten- and twenty -five-year frequency. C. Stormwater conveyance. Storm drainage conveyance systems for developments requiring site plan approval shall be designed to convey a storm with a ten-year frequency without surcharging inlets. Conveyance systems for such developments shall be designed to convey a storm with a one -hundred -year frequency within a controlled spillway. D. Stormwater storage. Where necessary, a stormwater storage system shall be provided to accommodate a postdevelopment storm with a twenty -five-year, twenty -four-hour frequency, to be released at a rate not to exceed the predevelopment discharge for a storm with a ten-year, twenty -four-hour frequency. E. Natural drainageways. In developments requiring site plan approval, natural drainageways shall be used whenever possible to carry stormwater runoff. F. Drainage easements. Whenever a development requiring site plan approval is traversed by a watercourse, drailiageway, channel or stream, a drainage easement shall be provided. Such easement shall substantially follow the line of such drainageway and shall be of sufficient width to preserve the natural drainage. A deed of dedication shall be submitted to the Zoning Administrator for such drainage easements describing the manner in which drainage is to be protected. G. Sinkhole protection. Stormwater from developments shall not be discharged into sinkholes. Sinkholes capable of absorbing substantial amounts of stormwater shall be protected by diverting runoff from the sinkhole. § 165-33. Outdoor storage and processing. The outdoor storage or processing of products, equipment or raw materials is allowed in the business and industrial districts or in association with business uses allowed in any other zoning district only if the outdoor storage is directly associated with the primary uses of the property. A. In such cases, the outdoor storage or processing shall be completely screened from the view of road and street rights-of-way and from surrounding properties by a fence, wall or by screening. 165:41 06- 15-2007 § 165-33 FREDERICK COUNTY CODE § 165-34 B. Such outdoor storage and processing shall not be permitted in any required front setback yard. C. The Zoning Administrator may require that the storage of hazardous materials or any materials which may contribute to contaminated runoff be fully enclosed. Where such materials are stored outdoors, they shall be contained within an impervious structure designed to contain spillage or contaminated runoff. D. The display of vehicles for sale by a vehicle dealer or nursery stock by a commercial nursery, along with other products for sale that are normally displayed outdoors, shall be exempt from the above requirements. E. Agricultural and forestry operations shall be exempted from the above requirements. F. Such requirements shall not apply to motor vehicle parking and loading areas. § 165-34. Property owners' associations. A. Intent. (1) The intent of this section is to provide for the joint ownership, maintenance and use of common elements not dedicated for public use, required under the provisions of this Chapter. Required open space, recreational facilities and other common elements shall be dedicated to a property owners' association or to Frederick County. Open space, recreational facilities and common elements shall only be dedicated to Frederick County with the approval of the Board of Supervisors. The property owners' association shall be solely financially responsible for its own operations, including maintenance of all required common elements noted on the final approved master development plan or final subdivision plat. (2) It is intended that all required common areas and facilities or improvements shall be a size and nature that constitute economically sound increments of development and that such areas and facilities be perpetuated and maintained by a property owners' organization or corporation. The intent is for the developer to provide for an organization or corporation consisting of all subdivision lot owners holding subdivision interests in the development. B. Establishing the property owners' organization. (1) All private areas, easements, improvements or facilities shall be the sole responsibility of the developer or owner. If units are to be sold or are ever sold on an individual basis, all private areas, easements, improvements or facilities shall be conveyed for joint ownership and common use by subsequent property owners if not dedicated for public use approved by the Board of Supervisors. (2) Where required. 165:42 06 -15-2007 ATTACHMENT 2 §165-33. Outdoor storage and processing. The outdoor storage or processing of products, equipment or raw materials is allowed in the business and industrial districts or in association with business uses allowed in any other zoning districts e,* A. Outdoor storage and display areas shall be permitted only on the same lot with and ancillary to a permitted or conditional use. B. In such cases, the outdoor storage or processing shall be completely screened from the view of road and street right-of-way and from surrounding properties by a six foot tall fence, wall, berm of by s ng, or evergreen screen. C. Outdoor storage surface areas shall consist of asphalt, concrete, stone, gravel or any other impervious surface approved by the Frederick County Zoning Administrator. D. Such outdoor storage and processing shall not be permitted in any required front setback yard. E. The Zoning Administrator may require that the storage of hazardous materials or any materials which may contribute to contaminated runoff be fully enclosed. Where such materials are stored outdoors, they shall be contained within an impervious structure designed to contain spillage or contaminated runoff. F. The display of vehicles for sale by a vehicle dealer or nursery stock by a commercial nursery, along with other products for sale that are normally displayed outdoors, shall be exempt from the above requirements. G. Agricultural and forestry operations shall be exempt from the above requirements. H. Such requirements shall not apply to motor vehicle parking and loading areas. L All outdoor storage areas shall provide one shade tree per 5,000 square feet of impervious area. Six foot evergreen trees may be provided in lieu of the shade trees when used as part of the opaque screening for the storage area. All landscaping must comply with the requirements of §165-37C, Plant selection, planting procedure, and maintenance. ATTACHMENT 3 §165-33. Outdoor storage and processing. The outdoor storage or processing of products, equipment or raw materials is allowed in the business and industrial districts or in association with business uses allowed in any other zoning districts. A. Outdoor storage and display areas shall be permitted only on the same lot with and ancillary to a permitted or conditional use. B. In such cases, the outdoor storage or processing shall be completely screened from the view of road and street right-of-way and from surrounding properties by a six foot tall fence, wall, berm, or evergreen screen. C. Outdoor storage surface areas shall consist of asphalt, concrete, stone, gravel or any other impervious surface approved by the Frederick County Zoning Administrator. D. Such outdoor storage and processing shall not be permitted in any required front setback yard. E. The Zoning Administrator may require that the storage of hazardous materials or any materials which may contribute to contaminated runoff be fully enclosed. Where such materials are stored outdoors, they shall be contained within an impervious structure designed to contain spillage or contaminated runoff. F. The display of vehicles for sale by a vehicle dealer or nursery stock by a commercial nursery, along with other products for sale that are normally displayed outdoors, shall be exempt from the above requirements. G. Agricultural and forestry operations shall be exempt from the above requirements. H. Such requirements shall not apply to motor vehicle parking and loading areas. All outdoor storage areas shall provide one shade tree per 5,000 square feet of impervious area. Six foot evergreen trees may be provided in lieu of the shade trees when used as part of the opaque screening for the storage area. All landscaping must comply with the requirements of § 165-37C, Plant selection, planting procedure, and maintenance. Item #3: Refuse/Trash Storage and Screening Requirements The requirement for screening refuse containers is covered under § 165-47 Landfills, junkyards and inoperable vehicles. The existing trash storage section of this ordinance is vague and does not have a specific screening requirement. The current ordinance also combines residential and commercial/industrial trash container requirements and requires them when one or more residence or use shares a parking lot. The intent of this ordinance revision is to separate residential and commercial trash container requirements. Residential will still be dependant on more than one residence sharing a parking lot, but commercial/industrial will require outdoor trash containers (or other means) for all developments. Also, the ordinance would be revised to state that all refuse shall be contained within a completely enclosed facility and that the enclosure shall consist of a six foot opaque fence or wall with an opaque gate. In an effort to ensure that all residential and commercial/industrial developments provide adequate, screened refuse areas, staff is requesting the DRRS consider this amendment. Staff has provided a copy of the ordinance as it exists currently in the Zoning Ordinance as well as an example of how the ordinance could be revised. If the DRRS is supportive of this ordinance amendment, staff will forward it to the Planning Commission and Board of Supervisors for their consideration. Attachments: 1. Existing Ordinance. 2. Existing Ordinances with proposed deletions shown in blackline and additions showed in bold italics. 3. Proposed Ordinance (clean version). ATTACHMENT 1 § 165-46 ZONING § 165-47 the land containing the residential development. In no case shall residences be placed within 600 feet of a sewage treatment facility. § 165-47. 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. A. Where allowed, landfills, junkyards, automobile graveyards, dumping and trash heaps shall be completely screened from the view of surrounding roads and properties by fences, walls, screens or other methods. 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 Performance, MH1 Mobile Home Community, R4 Residential Planned Community or R5 Residential Recreational Community. Such buffers shall be along the boundary of the property adjacent to the properties so zoned or containing the residences. In addition, the Planning Commission may require landscape screening or full screening in the buffer as described by this chapter. If a residential development is established adjacent to an existing landfill, a Category C buffer shall be placed on the land containing the residential development. In no case shall residences be placed within 600 feet of a landfill. C. Inoperable motor vehicles. (1) Inoperable motor vehicles shall not be stored outside of a completely enclosed building in the following zoning districts: [Amended 10-27-20041 RP Residential Performance R4 Residential Planned Community R5 Residential Recreational Community MH 1 Mobile Home Community HE High Education MS Medical Support BI Business Neighborhood B2 Business General B3 Industrial Transition M1 Industrial Light M2 Industrial General EM Extractive Manufacturing (2) Inoperable motor vehicles permitted to be stored outside of a totally enclosed building shall be completely screened from public roads or surrounding properties. 165:61 06 -15-2007 § 165-47 FREDERICK COUNTY CODE § 165-48 Permitted screening shall include opaque fences, opaque landscaping or opaque natural vegetation. [Amended 6-9-1993] D. Trash storage. When stored outdoors, outside of a legal landfill or trash heap, all trash, rubbish or garbage shall be stored in watertight, verminproof containers. (1) All multifamily residential developments, commercial developments and industrial developments where more than one residence or use shares a parking lot shall be provided with outdoor trash containers or other means of trash disposal. Means shall be provided to ensure that all trash generated by the development is properly disposed of to avoid litter, odor or other nuisances. (2) Such trash containers shall not be located in the front yard areas of such uses. Such containers shall be located to avoid traffic conflicts with parked vehicles and general traffic. Such containers shall be properly screened or separated from dwellings to avoid odors and other impacts. E. No junkyards shall be hereafter established any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or United States highway or within 500 feet of the nearest edge of the right-of-way of any Commonwealth of Virginia highway, except as follows: [Added 12-9-19921 (1) Junkyards which are screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main traveled way of the highway or street or otherwise removed from sight. (2) Junkyards which are not visible from the main traveled way of the highway. § 165-48. Car washes. [Added 4-10-1991; amended 10-27-2004] A. Car washes located in the B-1 (Business Neighborhood District) and B-2 (Business General District) Zoning District, adjacent to RA with residential dwellings, RP, R-4, R-5, MS (Medical Support with Residential Component), and MH -1 zoned properties shall have an operator on-site during all hours of operation. B. Car washes located in the B-1 (Business Neighborhood District) and B-2 (Business General District) Zoning District, adjacent to RA with residential dwellings, RP, R-4 R-5, MS (Medical Support with Residential Component) and MHA zoned properties shall be operated only during the following hours: Days Monday through Friday Saturday Sunday Hours 7:00 a.m. to 9:00 p.m. 8:00 a.m. to 9:00 p.m. 12:00 noon to 6:00 p.m. 165:62 06- 15-2007 ATTACHMENT 2 §165-47. Landfills, junkyards, trash disposal and inoperable vehicles. D. Trash storage. When stored outdoors, outside of a legal landfill or trash heap, all trash, rubbish or garbage shall be stored in watertight, vermin proof containers. 1 All multifamily residential developments, eammefeial develeptf , ntsan a industrial deve „r,n where more than one residence or use shares a parking lot shall be provided with outdoor trash containers or other means of trash disposal. Means shall be provided to ensure that all trash generated by the development is properly disposed of to avoid litter, odor or other nuisances. (2) All commercial and industrial developments shall be provided with outdoor trash containers or other means of trash disposal. Means shall be provided to ensure that all trash generated by the development is properly disposed of to avoid litter, odor or other nuisances. (3) Such trash containers shall not be located in the front yard areas of such uses. Such containers shall be located to avoid traffic conflicts with parked vehicles and general traffic. Such containers shall be properly screened or separated from dwellings to avoid odors and other impacts. (4) All refuse shall be contained within a completely enclosed facility. The enclosure shall consist of a six foot opaque fence or wall and an opaque gate. ATTACHMENT 3 §165-47. Landfills, junkyards, trash disposal and inoperable vehicles. D. Trash storage. When stored outdoors, outside of a legal landfill or trash heap, all trash, rubbish or garbage shall be stored in watertight, vermin proof containers. (1) All multifamily residential developments, where more than one residence or use shares a parking lot shall be provided with outdoor trash containers or other means of trash disposal. Means shall be provided to ensure that all trash generated by the development is properly disposed of to avoid litter, odor or other nuisances. (2) All commercial and industrial developments shall be provided with outdoor trash containers or other means of trash disposal. Means shall be provided to ensure that all trash generated by the development is properly disposed of to avoid litter, odor or other nuisances. (3) Such trash containers shall not be located in the front yard areas of such uses. Such containers shall be located to avoid traffic conflicts with parked vehicles and general traffic. Such containers shall be properly screened or separated from dwellings to avoid odors and other impacts. (4) All refuse shall be contained within a completely enclosed facility. The enclosure shall consist of a six foot opaque fence or wall and an opaque gate.