DRRC 05-22-08 Meeting AgendaMEMORANDUM
COUNTY of FREDERICK
Department of Planning and Development
To: Development Review and Regulations Subcommittee
From: Candice E. Perkins, AICP, Senior Planner
Subject: Revised May Meeting Notice
Date: May 20, 2008
540/665-5651
FAX: 540/665-6395
The Frederick County Development Review and Regulations Subcommittee (DRRS) will be meeting
on Thursday, May 22, 2008 at 7:30 p.m., (please disregard the previous notice showing the meeting
date as May 29, 2008) 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) Age -restricted multi -family housing. Continued discussion of revisions to Section 165-58
(RP Residential Performance District) of the Frederick County Zoning Ordinance to add age -
restricted multi -family housing.
2) Accessory Uses. Continued discussion on revisions to Section 165-26 of the Frederick
County Zoning Ordinance to revise and clarify the accessory/secondary use regulations.
3) Nese Office -Manufacturing Park District. Discussion on revisions to the Frederick County
Zoning Ordinance for a new zoning district to implement the mixed use industrial/office land
use classification of the Comprehensive Policy Plan.
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 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.
CEP.,dlw
Attachments
107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000
J
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Item #1: Age Restricted Multi -Family Housing
At the DRRS's February 2007 meeting a request for a new housing type in the RP (Residential
Performance) District was discussed. This was a request to amend Section 165-58 of the Frederick
County Zoning Ordinance to allow a new housing type - proffered age -restricted multi -family
housing. This item was then discussed by the Planning Commission on April 5, 2007 and then by
the Board of Supervisors on April 25, 2007. Changes were made to the ordinance after the BOS
meeting but consensus on the revisions was not achieved. The item was again presented at the
Planning Commission Retreat in February 2008 and Board members expressed hesitation regarding
the height of the structures when adjacent to existing residential units.
Text changes are needed in a number of other sections of the Zoning Ordinance and one section of
the Subdivision Ordinance to ensure consistency throughout the ordinances. In general, the new
housing type was treated similarly to a garden apartment. The modified sections are listed below and
detailed in the attachments:
RP Residential Performance District
§ 165-59. Permitted uses.
§ 165-61. Number of uses restricted.
§165-62. Gross Density.
§ 165-62.1. Multifamily housing. (Note: Proposed changes would apply to all multifamily
housing types)
§ 165-65. Dimensional requirements.
Supplemental Use Regulations
§ 165-37 Buffer and screening requirements.
Definitions
§165-156 Defmitions and word usage
Design Standards
§ 144-24. Lot requirements.
At the April meeting, the DRRS discussed proposed changes to the previously endorsed ordinance.
The DRRS suggested that the height of the structures not be reduced to 40 feet as proposed, but
remain at 60 feet; and also suggested that the side and rear perimeter boundary setbacks begin at 40
feet in height instead of 35 feet since garden apartments can be up to 40 feet in height by right. The
DRRS also discussed the parking space requirements and requested that they be modified to include
more spaces for the larger units. Revisions have also been made to the definition of age -restricted to
include the state code reference.
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. Revised ordinance with deletions shown in blackline and additions shown in
red and blue italics.
2. Graphics provided by the applicant.
2
Proposed Changes — Blackline & Redline
PROPOSED CHANGES WITH STRIKETHROUGHS AND BOLD ITALIC CHANGES
MADEAFTER THE BOS DISCUSSIONSHOWNINRED
CHANGES MADE AFTER THE PLANNING COMMISSION RETREAT AND DRRS
MEETING INBLUE
Chapter 165 - Zoning
ARTICLE VI
RP Residential Performance District
§165-59. Permitted uses.
A. All uses shall be developed in accordance with an approved master development
plan unless otherwise waived under Article V of this chapter.
B. Structures are to be erected or land used for one or more of the following uses:
(1) Any of the following residential structures: single-family detached
traditional rural, single-family detached traditional, single-family detached
urban, single-family detached cluster, single-family detached zero lot line,
single-family small lot, duplex, multiplex, atrium house, weak -link
townhouse, townhouse, er garden apartment or age -restricted multifamily
housing. [Amended 10-27-1999]
(2) Schools and churches.
(3) Fire stations and companies and rescue squads.
(4) Group homes.
(5) Home occupations.
(6) Utilities necessary to serve residential uses, including poles, lines,
distribution transformers, pipes and meters.
(7) Accessory uses and structures. Accessory structures attached to the main
structure shall be considered part of the main structure. Mobile homes and
trailers, as defined, shall not be considered as accessory structures or
buildings.
(8) Required or bonus recreational facilities and public parks, playgrounds
and recreational facilities.
(9) Business signs to advertise the sale or rent of the premises upon which
they are erected, church bulletin boards and identification signs, signs for
non-profit service clubs and charitable associations (off-site signs not to
exceed eight square feet) and directional signs.
(10) Temporary model homes used for sale of properties in a residential
development.
(11) Libraries. [Added 6-8-1994]
(12) Adult -care residences and assisted -living care facilities. [Added 8-24-
2004]
Appendix 2 — Proposed Changes — Blackline & Redline - 1 -
Proposed Changes — Blackline & Redline
§165-61. Number of uses restricted.
More than one principal structure or use and its customary accessory strictures or uses
are permitted in the RP Residential Performance District for duplexes, multiplexes,
atrium houses, weak -link townhouses, and garden apartments and age -restricted
multifamily housing.
§165-62. Gross density. [Amended 5-11-19941
A gross density shall be established for each proposed development, including all land
contained within a single master development plan, according to the characteristics of the
land, the capacity of public facilities and roads and the nature of surrounding uses.
Because of these characteristics, some developments may not be allowed to employ the
maximum density allowed by these regulations. The following density requirements
shall apply to all parcels as they exist at the time of the adoption of this section:
A. Subsequent divisions of land shall not increase the allowed density on parcels
of land.
B. In no case shall the gross density of any development within an approved
master development plan exceed 4-8 20 dwellings per acre.
C. In no case shall the gross density of any development within an approved
master development plan which contains more than 10 acres and less than 100
acres exceed 5.5 dwellings per acre.
D. In no case shall the gross density of any development within an approved
master development plan which contains more than 100 acres exceed four
dwellings per acre.
§165-62.1. Multifamily housing. [Added 5-11-19941
A. Developments that are less than 25 acres in size may include more than 594A
60% multifamily housing types.
B. Developments that are more than 25 acres and less than 50 acres in size shall
be permitted to contain up to 5"1 60% multifamily housing types.
C. Developments that are over 50 acres in size shall be permitted to contain up to
4404 50% multifamily housing types.
Appendix 2 — Proposed Changes — Blackline & Redline - 2 -
Proposed Changes — Blackline & Redline
§165-65. Dimensional requirements.
The following dimensional requirements shall be met by uses in the RP Residential
Performance District. The Administrator shah make the final determination as to the
classification of housing types. Unless otherwise specified, all housing types shall be
served by public sewer and water.
L. Garden apartments. "Garden apartments" are multifamily buildings where
individual dwelling units share a common outside access. They also share a
common yard area, which is the sum of the required lot areas of all dwelling
units within the building. Garden apartments shall contain six or more
dwellings in a single structure. Required open space shall not be included as
minimum lot area.
(1) Maximum gross density shall be 10 units per acre.
(2) Dimensional requirements shall be as follows:
Minimum Lot
Area per
Number of Dwelling Unit Off -Street
Bedrooms (square feet) Parking Spaces
Efficiency 1,300 1.50
1 1,700 2.00
2 2,000 2.25
3 plus 2,550 2.50
(3) Maximum site impervious surface ratio (on lot) shall be 0.50.
(4) Minimum lot size shall be one acre.
(5) Minimum yards shall be as follows:
(a) Front setback:
[ 1 ] Thirty-five feet from road right-of-way.
[2] Twenty feet from parking area or driveway,
(b) Side: 50 feet from perimeter boundary.
(c) Rear: 50 feet from perimeter boundary.
(6) Minimum on-site building spacing shall be 50 feet.
(7) Maximum number of dwelling units per building shall be 16.
(8) Maximum building height shall be as follows:
(a) Principle building: 40 feet.
(b) Accessory buildings: 15 feet
Appendix 2 — Proposed Changes — Blackline & Redline -3-
Proposed Changes — Blaekline & Redline
Q. Age -restricted multifamily housing. "Age -restricted multifamily housing"
are multifamily buildings where individual dwelling units share a common
outside access. They also share a common yard area, which is the sum of
the required lot areas of all dwelling units within the building. Age -
restricted multifamily housing shall only be permitted within proffered age -
restricted developments. Elevator service shall be provided to each floor of
age -restricted multifamily housing structures for use by residents.
(1) Maximum gross density shall be 20 units per acre.
(2) Dimensional requirements shall be as follows:
Minimum Lot
Area per
Number of Dwelling Unit Off -Street
Bedrooms (square feet) Parking Spaces
Efficiency 1,300 1.5
1 1,700 1.5
2 2,000 2.0
3 plus 2,550 2.0
(3) Maximum site impervious surface ratio (on lot) shall be 0.50.
(4) Minimum lot size shall be three acres.
(5) Minimum yards shall be as follows:
(a) Front setback:
[IJ Sixty feet from road right-of-ways.
[21 Five feet from parking areas or driveways.
(b) Side: 100 feet from the perimeter boundary. An additional two
feet from the perimeter boundary shall be added for every foot
that the height of the building exceeds 40 feet when the adjacent
use is single family residences.
(c) Rear: 100 feet from the perimeter boundary. An additional two
feet from the perimeter boundary shall be added for every foot
that the height of the building exceeds 40 feet when the adjacent
use is single family residences.
(6) Minimum on-site building spacing shall be 50 feet.
(7) Maximum number of dwelling units per building shall be 110.
(8) Maximum building height shall be as follows:
(a) Principle building: 60 feet.
(b) Accessory buildings: 15 feet
Appendix 2 — Proposed Changes — Blackline & Redline - 4 -
Proposed Changes — Blackline & Redline
ARTICLE IV
Supplemental Use Regulations
§165-37 Buffer and screening requirements. [Amended 6-13-19901
C. [Amended 5-11-1994] Residential separation buffers.
(2) Perimeter apartment, or -multiplex or age -restricted multifamily housing
separation buffers.
(a) Wherever possible and practical, garden apartments, and multiplex
structures and age -restricted multifamily housing structures shall not
be placed adjacent to other types of residential structures. If other
types of residential structures must be placed adjacent to garden
apartments, or multiplex structures; or age -restricted multifamily
housing structures the following buffers are required.
(b) Buffers shall be placed between the garden apartment, Of multiplex
structures or age -restricted multifamily housing structures and the lot
line of the lots containing the other housing types.
(c) ,For age -restricted multifamily housing the full screen must include
all elements of the landscape screen with the evergreen component
planted at a height of six feet, and also include a six -foot -high
Mound or berm. A six -foot -high opaque hedge, fence or wall may
not be used in place of the six -foot -high mound or berm.
Appendix 2 — Proposed Changes — Blackline & Redline -5-
Distance Buffer Required
Screening
Inactive
Active
Provided
(Minimum)
(Maximum)
Total
(feet)
(feet)
(feet)
Full screen
75
25
100
Landscape screen
150
50
200
No screen
350
50
400
(b) Buffers shall be placed between the garden apartment, Of multiplex
structures or age -restricted multifamily housing structures and the lot
line of the lots containing the other housing types.
(c) ,For age -restricted multifamily housing the full screen must include
all elements of the landscape screen with the evergreen component
planted at a height of six feet, and also include a six -foot -high
Mound or berm. A six -foot -high opaque hedge, fence or wall may
not be used in place of the six -foot -high mound or berm.
Appendix 2 — Proposed Changes — Blackline & Redline -5-
Proposed Changes — Blackline & Redline
ARTICLE XXII
Definitions
§165-156. Definitions and word usage. [Amended 11-13-1991]
AGE -RESTRICTED — Housing intended for and occupied by older persons (as defined
in Chapter 36-96.7 of the Code of Virginia, 1950 as amended). The housing must
include the publication of, and adherence to, policies and procedures which
demonstrate an intent by the owner(s) and manager(s) to provide housing for older
persons.
Appendix 2 — Proposed Changes — Blackline & Redline -6-
..
. "NITma-
AGE -RESTRICTED — Housing intended for and occupied by older persons (as defined
in Chapter 36-96.7 of the Code of Virginia, 1950 as amended). The housing must
include the publication of, and adherence to, policies and procedures which
demonstrate an intent by the owner(s) and manager(s) to provide housing for older
persons.
Appendix 2 — Proposed Changes — Blackline & Redline -6-
Proposed Changes — Blackline & Redline
Chapter 144 — Subdivision of Land
ARTICLE V
Design Standards
§144-24. Lot requirements.
C. Lot Access. All lots shall abut and have direct access to a public street or right-
of-way dedicated for maintenance by the Virginia Department of Transportation
(2) Multifamily Single-family small lot housing, single family attached
housing and multifamily housing. [Amended 10-27-1999]
(a) Lots in subdivisions to be used for the following housing types, as
defined by Chapter 165, Zoning, need not abut public streets:
[1] Duplexes.
[2] Multiplexes,
[3] Atrium houses.
[4] Townhouses.
[5] Weak -link townhouses.
[6] Garden apartments.
[7] Single-family small lot housing.
[81 Age -restricted multifamily housing
Appendix 2 — Proposed Changes — Blackline & Redline - 7 -
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Item #2: Secondary/Accessory Uses
In an effort to clarify portions of the Zoning Ordinance, staff had identified portions of the accessory
or secondary use regulations under the supplementary use regulations section of the ordinance that
are in need of revisions. The ordinance currently regulates agricultural, residential, day care and
mobile home type secondary uses.
The ordinance, however, does not address secondary uses that may be permissible when closely
regulated in the business and industrial districts. Currently in these districts, staff utilizes an
interpretation that states most accessory uses may consist of 25% and accessory retailing may consist
of 1.5%. To clarify this section and codify the interpretation, staff is proposing revisions to the
accessory uses section of the Zoning Ordinance.
At the April meeting the DRRS began discussing these proposed changes. The DRRS suggested that
the accessory uses in the business districts should be separated from the accessory uses in the
industrial districts. It was stated that the accessory retailing square footage for the B3 District may
be too small and that accessory retailing should be eliminated in the industrial districts completely.
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 Ordinances.
2. Revised ordinances with additions shown in bold italics.
3
§ 165-24 ZONING § 165-26
primary function of the building. In no case shall any portion of the building
exceed 75 feet in height. [Added 6-11-2003 6 ]
(8) If any of the above exceptions exceed the height limitation of the proposed zoning
district, the structure shall be required to be set back the normal setback or
required buffer distance plus one foot for every foot over the maximum allowed
height of that zoning district. [Added 6-9-1993; amended 3-8-2000]
§ 165-25. Lot requirements.
A. All lots created shall conform with the size and dimensional requirements established by
this chapter.
B. Number of dwellings on a lot. Except where specifically allowed by this chapter, no
more than one dwelling shall be allowed on a lot. A separate entrance, together with
separate equipment, including a sink, stove or other kitchen or sanitary facilities, shall be
prima facie evidence that separate occupancy exists and that a separate dwelling exists.
§ 165-26. Accessory uses.
Secondary uses that are normally or typically found in association with the allowed primary
use shall be allowed on the same parcel or Iot as the primary use.
A. Agricultural accessory uses. The selling or processing of agricultural products produced
on the premises shall be considered to be accessory to an agricultural use. On bona fide,
operating farms, temporary or permanent housing for workers actively working on the
farm shall be an allowed accessory use.
B. Accessory dwellings. One accessory dwelling shall be allowed with any single-family
dwelling as long as the following conditions are met.-
(1)
et:
(1) The floor area of the accessory dwelling shall be no more than 25% of the gross
floor area of the primary residential structure on the lot_
(2) In the RP Residential Performance, MH 1 Mobile Home Community and R4
Residential Planned Community Districts, accessory dwellings shall only be
allowed if they are attached to the primary residential structure.
(3) In no case shall a mobile home be allowed as an accessory dwelling in the RP
Residential Performance District, R4 Residential Planned Community District and
R5 Residential Recreational Community District. [Amended 6-9-1993]
C. Dwellings in a business. One accessory dwelling shall be allowed with any business or
industrial use only so long as it is occupied by the owner of the business or industry, an
employee or a watchman.
6. Editor's Note: This ordinance also provided for the renumbering of former Subsection B(7) as Subsection B(8).
165:23
06- 15-2007
§ 165-26. Secondwy or Accessory uses.
When permitted secondary or accessory uses that are normally or typically found in association
with the allowed primary use shall be allowed on the same parcel or lot as the primary use.
Secondary uses shall meet the requirements of this section as well as any particular standard
imposed on such use.
A. Agricultural accessory uses. The selling or processing of agricultural products
produced on the premises shall be considered to be accessory to an agricultural use.
On bona fide, operating farms, temporary or permanent housing for workers actively
working on the farm shall be an allowed accessory use.
B. Accessory dwellings. One accessory dwelling shall be allowed with any single-
family dwelling as long as the following conditions are met:
(1) The floor area of the accessory dwelling shall be no more than 25% of the
gross floor area of the primary residential structure on the lot.
(2) In the RP Residential Performance, MH1 Mobile Home Community and R4
Residential Planned Community Districts, accessory dwellings shall only be
allowed if they are attached to the primary residential structure.
(3) In no case shall a mobile home be allowed as an accessory dwelling in the RP
Residential Performance District. R4 Residential Planned Community
District and R5 Residential Recreational Community District. [Amended 6-
9-19931
C. Dwellings in a business. One accessory dwelling shall be allowed with any business
or industrial use only so long as it is occupied by the owner of the business or
industry, an employee or a watchman.
D. Child day-care services. Child day-care services and facilities shall be allowed in
the M1 Light Industrial District as an accessory use to any allowed use or group of
allowed uses in an industrial park. [Added 8-8-19901
E. In no case shall a mobile home or temporary trailer be allowed as an accessory use,
unless it is used for temporary or permanent housing on a bona fide, operating farm.
[Added 6-9-1993]
F. Secondary Uses in the Bl, B2 and B3Districts. The square footage or area
occupied by secondary uses cumulatively shall not exceed twenty-five (25) percent
of the gross floor area of the related principle use. In the B3 District no more
than fifteen (15) percent of the gross floor area of the principle use may be used
for accessory retail sales and in no case shall the accessory retailing component
exceed 2,000 square feet. The square footage devoted to accessory retail sales
shall be included in calculating the 25 percent limit on secondary uses.
G. Secondary Uses in the OM Park, MI and M2 Districts. The square footage or
area occupied by secondary uses cumulatively shall not exceed twenty-five (25)
percent of the gross floor area of the related principle use. Retail as an accessory
use shall not be permitted in the OM Park, MI or M2 Districts.
C
0
Item #3: Office -Manufacturing Park District
Staff has been working on a new zoning district which is intended to implement a proposed land use
that has been introduced as part of the ongoing Route 277 land use study. The intent of this district
is to implement the mixed-use industrial/office land use classification of the Comprehensive Policy
Plan. The OM Park District is designed to provide areas for research and development centers,
office parks, and minimal impact industrial and assembly uses. While the catalyst for this district
was the identified land use in the Route 277 study, it has the potential to be applied in other areas
designated for industrial uses.
The primary uses that would be permitted in this district consist of target business as determined by
the Economic Development Commission. Secondary uses are also included in this ordinance that are
intended to be guided by the changes proposed in item two of this agenda. Design and development
standards have also been introduced with this proposed new ordinance. These standards include
minimum district sizes, standards for building materials, screening requirements for loading areas as
well as the prohibition of outdoor storage areas.
The NAICS work group has reviewed this draft ordinance on three occasions and endorsed the
ordinance on May 13th. 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. Proposed OM Park District Requirements
2. Dimensional and intensity requirements.
3. Route 277 Land Use Map (DRAFT)
Office -Manufacturing Park District
Office -Manufacturing (OM) Park District. The intent of this district is to implement the mixed
use industrial/office land use classification of the Comprehensive Policy Plan. The OM Park
District is designed to provide areas for research and development centers, office parks, and
minimal impact industrial and assembly uses. Uses are allowed which do not create noise,
smoke, dust or other hazards. This district shall be located in a campus like atmosphere near
major transportation facilities.
Permitted Uses Standard Industrial
Classification
(SIC)
Furniture and Related Product Manufacturing 25
Pharmaceutical and Medicine Manufacturing 283
Industrial and Commercial Machinery 35
And Computer Equipment Manufacturing
Electronics and other Electrical Equipment 36
And Components Manufacturing
Excluding uses in italics.-
Storage
talics:Storage batteries 3691
Primary batteries 3692
Aircraft and Parts Manufacturing 372
Medical Equipment and Supplies Manufacturing 38
Publishing Industries 27
Rubber and Miscellaneous Plastics Manufacturing 30
Excluding uses in italics:
Tires and Inner Tubes 3011
Fabricated Metal Products 34
Employment Services 736
Computer Programming, Data Processing, and 737
Other Computer Related Services
Legal Services 81
Engineering, Accounting, Research 87
Management, and Related Services
Medical Laboratories 8071
Public Administration 91-97
Business signs -------
Signs allowed in §165-30B -------
Freestanding building entrance signs -------
Multi-tenant
---_Multi-tenant complex signs -------
Electronic Message signs ----_--
Secondary or Accessory Uses.
The following uses shall be permitted by right in the OM Park District, but only in conjunction
with, and secondary to, a permitted principle use in accordance with section 165-26.
Secondary Uses Standard Industrial
Classification
(SIC)
Insurance Carriers and Services 63-64
Commercial Banks 602
Eating and Drinking Places 58
Except the following:
Restaurants with drive-through uses
------
Food Services Contractors
5821
Caterers
5821
Mobile Food Services
------.
Drinking Places
5813
Office Machinery and Equipment
7359
Rental and Leasing
Physical Fitness Facilities for employees
7991
Child Day Care Services
8351
Office Machine Repair and Maintenance
7629
Dry Cleaning and Laundry Services
721
Except the following:
Linen supply
7213
Dry Cleaning Plants 7216
industrial launderers 7218
Design Requirements.
A. Minimum Size. No OM Park District rezoning shall be approved for less than ten (10)
contiguous acres.
(1) There shall be no minimum lot size.
(2) There shall be no minimum lot width or depth.
B. Development Standards. The following standards shall apply in the OM Park District.
(1) This district shall be planned and developed with a harmonious coordination of uses,
architectural styles, landscaping, parking, signs and outdoor lighting.
(2) This district shall be located in a campus like atmosphere near major transportation
facilities.
(3) Any building shall be faced on all sides facing road right-of-ways with durable,
attractive, high quality materials, comparable to clay brick, stone, wood, architectural
concrete masonry unit (e.ID
g., regal stone, split face, precision, ground face) or precast
concrete panels.
(4) Loading docks or loading entrances shall be blocked from view from public streets,
by utilizing board -on -board fencing, masonry walls, or evergreen tree plantings.
(5) Outdoor storage shall be prohibited.
(b) All parcels located within the OM Park District shall have state road frontage.
§165-83. Dimensional and intensity requirements.
A. The following table describes the dimensional and intensity requirements for the business and industrial
Districts:
Requirement B1
Front yard setback on 50
Primary or arterial highways
(feet)
Front yard setback on 35
Collector or minor streets
(feet)
Side yard setbacks (feet) --
Rear yard setbacks (feet) --
Floor area to lot area ratio .03
(FAR)
Minimum landscaped area 35
(percentage of lot area)
Maximum height (feet) 35
District
B2
B3
OM
M1
M2
50
50
50
75
75
35
35
35
75
75
--
15
15
25
25
--
15
15
25
25
1.0
1.0
1.0
1.0
15
25
15
25
15
35
35
60
60
60
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