DRRC 05-28-09 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
To: Development Review and Regulations Committee
From: Candice E. Perkins, AICP, Senior Planner
Subject: May Meeting and Agenda
Date: May 21, 2009
The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on
Thursday, May 28, 2009 at 7:00 p.m. in the first floor conference room ur le room of the County
Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRC will discuss the
following agenda items:
AGENDA
I ) Higher Education (HE) District Height Requirement. Discussion on revisions to the
Frederick County Zoning Ordinance to increase the height in the HE District.
2) Landscaping Requirements. Discussion on revisions to the Frederick County Zoning
Ordinance (§165-36) to revise the landscaping requirements in the RA (Rural Areas) Zoning
District.
3) Buffer Requirements. Discussion on revisions to the Zoning Ordinance (§ 165-37) to revise the
buffer waiver opportunities for properties with different zoning districts contained on the same
MDP.
4) Chapter 165 Revisions. Discussion on revisions to the Zoning Ordinance to restructure the
ordinance. Specifically this will revise the numbering method currently utilized and relocate
existing sections.
5) Definition of Attached Dwellings. Discussion on revisions to the Frederick County Zoning
Ordinance to revise the definition of attached dwellings to the Zoning Ordinance.
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/bad
Attachments
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Item #I: Higher Education (HE) District Height Requirement
Staff has received a request to increase the maximum height requirements in the Higher Education
(HE) Zoning District. Currently the maximum height in the HE District is 45 feet. Staff has
prepared an ordinance revision that addresses the height request along with other necessary
ordinance revisions. Proposed changes are as follows:
• Yard requirements. Revision to add yard and dimensional requirements. Modifications
include adding front yard set backs from primary and arterial highways, similar to other
zoning districts. Added side and rear yard increases for structures over 45 feet in height.
Addition of a statement regarding lot size and depth/width and an addition of landscaped area
and FAR requirements.
• Increase in the building height of 45 to 60 feet with Board of Supervisors approval.
If the DRRC 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 additions shown in bold italics and deletions
are shown with a strikethrough.
ARTICLE XII
HE Higher Education District
§ 165-91. Intent
ATTACHMENT 1
The HE Higher Education District is intended to permit institutions of higher education in
appropriate areas. It is intended that uses in this district be properly separated from different uses in
adjoining districts.
§ 165-92. Permitted uses.
Structures to be erected or land to be used shall be for one or more of the following uses.
A. Institutions of higher education.
B. Utilities necessary to serve allowed uses, including poles, lines, distribution transformers,
pipes and meters.
C. Accessory uses and structures.
D. Off-street parking and loading.
E. Business signs. [Amended 2-13-20081
F. Signs allowed in § 165-30B. [Added 2-13-20081
G. Freestanding building entrance signs. [Added 2-13-20081
§ 165-93. Yard and Design requirements.
A. Structures shall be located Sh feet froln any primary or arterial highway and 35 feet from
anyhighway, street a right of . collector or minor street.
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B. The minimum side yard for all structures shall be 15 feet. An additional foot from the side
yard boundary shall be added.for every foot that the height of the building exceeds 45 feet.
C. The minimum rear yard for all structures shall be 25 feet. An additional foot from the year
yard boundary shall be added for every foot that the height of the building exceeds 45 feet.
D. Where shail be no minimum lot size or .minimum lot width or depth.
Ma imam Floor area to lot area ratio (F,4R) shall be 2.0.
F. Minimum landscaped area (percentage of bot area) shall be 25 perces
§ 165-94. Buffers and screening.
A. The Planning Commission may require distance buffers, as defined in § 165-37A of this
chapter, on lots which abut land in any residential district or land in other zoning districts
which are predominantly residential in nature. The size and content of the distance buffers
shall be based on the amount of separation needed.
B. The Planning Commission may require landscaped screens or full landscaping, as defined
by § 165-37B of this chapter, to separate uses in this district from adjoining residential uses
and to achieve the intentions of chapter.
§ 165-95. Height limitations.
Buildings, signs and stfuctures may be efeeted tip te 45 feet height. Thte maximum structure
Height shall be 45 feet. .The Board of Supervisors may waive the forty-five foot height limitation,
provided that it will not negatively impact adjacent residential uses. In no case shall any building
exceed 60 feet in height.
Item #2: Landscaping Requirements
Staff has been directed to prepare a Zoning Ordinance amendment to address the street tree
landscaping option contained in § 165-36 as it pertains to the RA (Rural Areas) District. Currently
this section of the Zoning Ordinance states that residential developments which require a preliminary
sketch plan must provide one of three types of landscaping (street trees, ornamental, or tree
preservation). If the street tree option is chosen, street trees must be provided for every 40 feet of
road frontage. The width of rural lots can range from a minimum of 100 to 250 feet and could result
in up to six street trees per lot. This proposed ordinance amendment would decrease the street tree
requirement from one tree per 40 feet of road frontage to one tree per 80 feet of road frontage for
rural preservation lots (excluding the preservation tract) and one tree per 100 feet for traditional five
acre lots.
If the DRRC 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 additions shown in bold italics (§165-36A).
ATTACHMENT 1
§ 165-36. Landscaping requirements. [Amended 4-23-2003]
The requirements of this section are intended to enhance the appearance, environment and
general welfare of the citizens of Frederick County by providing minimum landscaping
standards and encouraging tree preservation for residential developments.
A. Residential developments. Residential developments which require a master
development plan, subdivision design plan, site plan or preliminary subdivision sketch
plan shall provide at least one of the three types of landscaping identified below.
(1) Street tree landscaping. .incept as outlined below, street tree landscaping shall
require one street tree for every 40 feet of street frontage in a residential development,
with the exception of a frontage on roads which require a road efficiency buffer.
Street trees shall be planted no more than 20 feet from rights-of-way. Planting street
trees on the property lines of building lots should be avoided. Two or more street
trees shall be planted on each building lot. The Zoning Administrator may allow
fewer than two street trees for an individual building lot if topographical features,
utilities, easements or the width of the lot makes it impractical to do so. All street
trees shall comply with the requirements of § 165-36B, with the exception that street
trees must be at least two -and -one -half-inch caliper at the time of planting.
a. Major rural subdivisions utilizing the traditional five lot option shall provide
street trees atone tree per one hundred (1 G0')feet of street frontage.
b. 1111ajor rural subdivisions utilizing the rural preservation option shall
provide street trees at one tree per eighty (80) feet of roadf rontage.
(2) Ornamental landscaping.
(a) Ornamental landscaping shall be provided for residential developments
based on the following index and matrix;
Index of lot Types
Lot Type
Description
A
Major Rural Subdivision Lot
B
Rural Preservation Subdivision Lot
C
Single -Family Detached Rural Traditional
D
Single -Family Detached Traditional
E
Single -Family Detached Urban
F
Single -Family Detached Cluster
G
Single -Family Detached Zero Lot Line
H
Single -Family Small Lot
I
Duplex
J
Multiplex
K
Atrium House
L
Weak -Link Townhouse
M
Townhouse
N
Garden Apartment
Item #3: Buffer Requirements
Over the years, staff has encountered issues regarding the buffering requirements contained in § 165-
37 of the Zoning Ordinance. Specifically, concerns regarding the content of the landscape screening
element and the ability for buffer modifications have been expressed. Therefore, staff has prepared a
revision to the buffer and screening section of the ordinance to address these issues. Proposed
amendments are as follows:
• Landscape screening. The current requirement consists of three trees per ten linear feet (2/3
evergreen trees and 1/3 deciduous trees). This requirement results in a buffer that is very
dense and will only survive for a few years until the trees become crowded. The proposed
amendment would be to require 1/3 deciduous trees, 1/3 evergreen trees and 1/3 shrubs.
• Revisions to allow the Zoning Administrator to determine if the buffer requirement can be
waived due to natural conditions or if uses are permitted in adjoining zoning districts.
• Revision to eliminate zoning district buffers between the B2 and B3 Zoning Districts when
contained in the same Master Development Plan.
If the DRRC is supportive of these ordinance amendments, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Revised ordinance with additions shown in bold italics (§165-37).
ATTACHMENT 1
§ 165-37. Buffer and screening requirements. [Amended 6-13-1990]
It is the intent of the regulations of this section to encourage proper design of a site in order to
protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses
must be buffered from other types in order to ensure a desirable living environment.
Additionally, appropriate distances must be maintained between commercial, industrial and
residential uses and roads.
A. Distance buffers. Distance buffers are based on the nature of an activity and the proximity to
an activity of a different nature. They are linear distances measured from property lines
inward. Part of the buffer must be inactive and part may be active. The inactive portion
begins at the adjoining property line, as shown in the example diagrams.
(1) Inactive distance buffer. This portion of a buffer area permits no activity except the
necessary utility functions provided by transmission lines, underground conduits, etc.
(2) Active distance buffer. This portion of a buffer area may not be encroached by a
building or other principal structure or activity. However, accessory activities, such as
parking, are permitted in this area. Active buffers shall not contain road rights-of-way.
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(3) Whenever proposed developments are adjacent to or within 1,000 feet of the boundaries
of existing uses, the Planning Commission may require increased or additional distance
buffers to separate different uses to achieve the intentions of this section.
B. Screening. Screening is designed to work with distance buffers to lessen the impact of noise
or visual interaction between adjacent activities. There are two levels of screening:
landscape screening and full screening. The higher the levels of screening provided, the
lower the level of distance buffer required. The example diagrams show how this works.
(1) Landscape screening. A landscape screen consists of a totally landscaped easement at
least 10 feet in depth. Within the easement, there shall be a minimum landscaping
density of three plants per 10 linear feet. The buffer shall consist of a combination of
1/3 deciduous trees, 1/3 evergreen trees and 1/3 shrubs. Deciduous trees shall be
planted at a minimum of 2" caliper, evergreen trees shall be a minimum of 4' in height
and shrubs shall be 36" at time of planting. , and they shall be at least fur- feet ' h+
I-lanning and u . height of six feet r
be a4 least thfee speeies of plants, with the majefity being ever-gr-eens a -ad at least 1,L3
ung deet , ous. Where natural barriers, topography or other features achieve the
functions of the landscape screen, the requirement may be waived by the ming
GenffnissioZoning Administrator.
(2) Full screen. A full screen provides all the elements of a landscape screen and also
includes a six -foot -high, opaque hedge, fence, wall, mound or berm. A woodland strip
of 50 feet may be allowed as a full screen. As with landscape screens, if natural
barriers, topography or other features achieve the functions of the full screen, the
requirement may be waived by the Zoning Administrator, and
the requirement may be changed to maintain highway sight distances.
(3) -Wherever proposed developments are adjacent to existing uses, the Planning
Commission may require additional landscaping or landscaped easements to separate
different uses and to achieve the intentions of this section.
D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land
in certain zoning districts.
(1) Buffers shall be provided on the land to be developed according to the categories in
the following tables:
(a)
Buffer categories:
MH1
Developed
RP
RP
-
Distance Buffer Required
-
R5
Inactive
Active
Total
B1
Screening
(Minimum)
(Maximum)
B3
Catc6ory
Providedfeet
C
feet
(feet)
A
Full screen
---
---
---
A
Landscape screen
---
---
---
A
No screen
25
25
50
B
Full Screen
25
25
50
B
Landscape screen
75
25
100
B
No screen
150
50
200
C
Full screen
75
25
100
C
Landscape screen
150
50
200
C
No screen
350
50
400
(b) [Amended 9-12-2001] Buffer categories to be provided on land to be developed
according to the zoning of the adjoining land:
Zoning of Land
To Be
MH1
Developed
RP
RP
-
R4
-
R5
-
MHl
C
B1
B
B2
B
B3
C
OM
C
M1
C
M2
C
EM
C
MS
C
Zoning of Adjoining Land
R4
R5
MH1
B1
B2
B3
OM
MI
M2
EM
MS
-
-
-
A
A
A
A
A
A
A
A
-
-
-
A
A
A
A
A
A
A
A
-
-
-
A
A
A
A
A
A
A
A
C
C
-
B
B
B
B
B
A
A
C
B
B
B
-
-
A
A
A
A
A
B
B
B
B
-
-
A
A
A
A
A
B
C
C
C
B
B
-
-
-
-
-
C
C
C
C
B
B
-
-
-
-
-
C
C
C
C
B
B
-
-
-
-
-
C
C
C
C
B
B
B
B
B
-
-
C
C
C
C
B
B
B
B
B
-
-
C
C
C
C
B
B
B
B
B
B
C
-
(2) If a lot being developed is adjacent to developed land which would normally be
required to be provided with a buffer but which does not contain the buffer, the
required buffer shall be provided on the lot being developed. The buffer to be
provided shall be of the larger category required on either the lot being developed
or the adjacent land. Such buffer shall be in place of the buffer normally required
on the lot being developed. The buffer may include required setbacks or buffers
provided on the adjacent land.
(3) Whenever land is to be developed in the Bl (Neighborhood Business) or B2
(Business, General) Zoning District that is adjacent to land primarily used for
residential use in the RA (Rural Areas) Zoning District, a B Category buffer shall
be provided on the land to be developed. The Board of Supervisors may grant a
waiver to reduce the required buffer distance requirements with the consent of the
adjacent (affected) property owners. Should a waiver be granted by the Board of
Supervisors, the distance requirements of § 165-37D(1)(a) may be reduced,
provided the full screening requirements of this section are met. [Amended 3-9-
20051
(4) Whenever land is to be developed in the B3, M1 or M2 Zoning District that is
adjacent to land primarily used for residential purposes in the RA Rural Areas
Zoning District, a C Category buffer shall be provided on the land to be
developed.
(5) Whenever land is to be developed in the MS Zoning District that is adjacent to
land primarily used for residential purposes in the RA (Rural Areas) Zoning
District, a C Category buffer shall be provided on the land to be developed.
Whenever land is to be developed in the MS Zoning District that is adjacent to all
other land zoned RA (Rural Areas) Zoning District, the requirements for buffer
and screening shall be provided in accordance with § 165-102 of this chapter.
[Amended 9-12-200121
(6) The Planning Geaffnissio Zoning Administrator may waive any or all of the
requirements for the zoning district buffers on a particular site plan when all uses
shown on the site plan are allowed in the zoning district in which the development
is occurring and in the adjoining zoning districts.
(7) The Zoning Administrator may waive, reduce and/or modify buffer yard
requirements (distance and landscaping) fin his opinion the topography of the
lot providing the buffer yard and the lot being protected is such that the
required yard would not be effective.
(87) [Added 4-12-19951 Where B3 (industrial T t n) zoning adjoins B2 (Business
General) Where B2 (Business General) and B3 (Industrial Transition) zoning
districts adjoin each other and are .,,,ning o !a contained within the same a
master development plan, the Planning Gonmnissio ow for- eei-fes
mod atiens in se iirefnents. a zoning district buffer shall not be
required.
(9,9) [Added 3-13-19961 Land proposed to be developed in the Old (Office -
Manufacturing Park), the M1 Light Industrial District and the M2 Industrial
General District may be permitted to have a reduced buffer distance that is
consistent with the required side or rear building setback line, provided that the
following requirements are met:
(a) The property to be developed with a reduced buffer distance is part of an
approved master planned industrial park.
(b) There are no primary or accessory uses within the reduced buffer distance
area, including driveways, access drives, outdoor storage areas, parking
areas, staging areas, loading areas and outdoor dumpster areas. All-weather
surface fire lanes necessary to meet the requirements of Chapter 90, Fire
Prevention, of the Code of Frederick County, Virginia, shall be exempt from
this performance standard.
(c) A full screen is required to be created within the reduced buffer distance
area which shall be comprised of a continuous earth berm that is six feet
higher in elevation than the highest elevation within the reduced buffer
distance area and a double row of evergreen trees that are a minimum of six
feet in height and planted a maximum of eight feet from center to center.
(109) Proposed developments required to provide buffers and screening as determined
by § 165-37D(1)(b) of this chapter may be permitted to establish a common
shared buffer and screening easement with the adjoining property. The common
shared buffer and screening easement shall include all components of a full screen
which shall be clearly indicated on a site design plan. A legal agreement signed
by all appropriate property owners shall be provided to the Department of
Planning and Development and shall be maintained with the approved site design
plan. This agreement shall describe the location of the required buffer within each
property, the number and type of the plantings to be provided and a statement
regarding the maintenance responsibility for this easement. The required buffer
distance may be reduced by 50% for a common shared buffer easement if existing
vegetation achieves the functions of a full screen. [Amended 6-12-1996]
(114-0) When a flex -tech development is split by a zoning district line, the Planning
Commission may allow for a reduction of the distance buffer and the relocation of
the screening requirements. Such modifications shall be allowed at the
Commission's discretion, provided that all of the following conditions are met:
jAdded 2-11-19981
(a) The zoning district boundary line for which the modification is requested is
internal to the land contained within the master development plan.
(b) The required landscape screen is relocated to the perimeter of the flex -tech
development. This relocated, landscape screen shall contain the same
plantings that would have been required had the screen been placed along
the zoning district boundary line.
(1244) Whenever land is to be developed in the B1, B2, B3, OM, M1 or M2 Zoning
Districts that is adjacent to a railroad right-of-way that has property zoned B 1, B2,
B3, OM, MI or M2 on the opposite side, Zoning District Buffers shall not be
required. In the event that residential uses are located on the opposite side of the
railroad right-of-way, Zoning District Buffer as required by §165-37D shall be
provided. In the event that a Zoning District Buffer is required the width of the
railroad right-of-way may be counted towards the required Zoning District Buffer
distance.
Item #4: Chapter 165 Revisions
Over the past few years, there have been numerous revisions to Chapter 165 — Zoning, and there are
additional larger revisions being proposed. These revisions have highlighted the need to restructure
the Zoning Ordinance so it can accommodate current and future proposed changes. The current
configuration of the Ordinance is that it begins with 165-1 and ends with 165-156; this numbering is
problematic in that when sections are added to the ordinance, it shifts the numbers in the remaining
ordinance. This has resulted in various types of numbers being utilized (see 165-48.1-48.11 and 165-
131.1-131.8) to accommodate approved ordinance revisions. Staff is proposing to revise Chapter
165 to include separate parts that could individually be expanded when amendments are inserted into
the chapter. With the renumbering, certain portions of the ordinance would be consolidated into
other articles or moved to similar uses.
Specifically, the following is proposed:
• Definitions would be relocated to the beginning of the chapter.
• General Provisions, Amendments and Conditional Use Permits would be consolidated.
• Supplementary Use Regulations would be broken up into four parts.
• Agricultural and Residential Districts would be consolidated into one article.
• Planned Unit Developments would be consolidated into one article (would necessitate
relocating the MS District).
• Business and Industrial Districts would become one article and would include the HE and
EM Districts.
• The Overlay Districts would be combined into one article.
• Master Development and Site Plans would be combined into one article.
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Revised table of contents showing proposed format, combined sections and
relocated text.
2. Existing table of contents.
Chapter 165
ZONING
ARTICLE I
Articie 11
GENERAL PROVISIONS, AMENDMENTS, AND
SUPPLEMENTARY USE REGULATIONS,
CONDITIONAL USE PERMITS
PARKING, BUFFERS, AND REGULATIONS FOR
SPECIFIC USES
Part 101- General Provisions
Part 201- Supplementary Use Regulations
165-101.01 Intent; purpose.
165-101.02 Definitions & word usage.
165-201.01 Scope.
165-101.03 Headlines of sections.
165-201.02 Setback requirements.
165-101.04 Scope; applicability.
165-201.03 Height limitations; exceptions.
165-101.05 Zoning districts and zoning map.
165-201.04 Lot requirements.
165-101.06 Administration and interpretation.
165-201.05 Secondary or accessory uses.
165-101.07 Compliance required; required
165-201.06 Signs.
permits.
165-201.07 Outdoor Lighting Standards
165-101.08 Violations and penalties;
(Reserved)
enforcement.
165-201.08 Protection of environmental
165-101.09 Disclosure of ownership.
features.
165-201.09 Stormwater management.
Part 102 -Amendments
165-201.10 Outdoor storage and processing.
165-201.11 Property owners' associations.
165-102.01 Initiation.
165-201.12 Nuisances.
165-102.02 Applications.
165-201.13 Streets; Inter -parcel connectors.
165-102.03 Planning Commission public
hearing.
Part 202 - Off -Street Parking, Loading and
165-102.04 Board of Supervisors public
Access
hearing.
165-102.05 Impact analysis.
165-202.01 Off-street parking; parking lots.
165-102.06 Conditional rezoning.
165-202.02 Loading areas.
165-202.03 Motor vehicle access.
Part 103 - Conditional Use Permits
Part 203 - Buffers and Landscaping
165-103.01 Consideration; approval or
disapproval.
165-203.01 Landscaping requirements.
165-103.02 Standards.
165-203.02 Buffer and screening
165-103.03 Conditions.
requirements.
165-103.04 Application and approval
procedures.
Part 234 - Additional Regulations for Specific
165-103.05 Fees.
Uses
165-103.06 Site plans.
165-103.07 Changes in use.
165-204.01 Adult care residences, assisted
165-103.08 Revocation.
living care facilities, and
convalescent or nursing homes.
165-204.02 Batting cages, commercial,
operated outdoors.
165-204.03 Campgrounds and tourist camps.
165-204.04 Car washes.
Chapter 165
ZONING
165-204.05
Electrical, hardware, plumbing and
165-401.07 Setback requirements,
Permitted uses.
heating equipment businesses (SIC
165-401.08 Minimum width; maximum depth.
165-401.04
506 and 5071,
165-401.09 Height restrictions.
165-204.06
Flex -tech uses.
Minimum lot size.
165-204.07
Government services office.
Part 402 - RP Residential Performance District
165-204.08
Grocery and food stores.
165-204.09
Humanitarian aid organizational
165-402.01 Intent.
office.
165-402.02 Permitted uses.
165-204.10
Kennels.
165-402.03 Conditional uses.
165-204.11
Landfills, junkyards, trash disposal,
165-402.04 Number of uses restricted.
and inoperable vehicles.
165-402.05 Gross density.
165-204.12
Motor vehicle service uses and
165-402.06 Multifamily housing.
public garages.
165-402.07 Open space requirements.
165-204.13
Restaurants.
165-402.08 Recreation facilities.
165-204.14
Sewage treatment facilities.
165-402.09 Dimensional requirements.
165-204.15
Shooting ranges, outdoor.
165-402.10 Phased development.
165-204.16
Shopping centers, office parks and
industrial parks.
Part 403 - MH1 Mobile Home Community
165-204.17
Slaughterhouses and rendering
District
plants.
165-204.18
Storage facilities, self-service.
165-403.01 Intent.
165-204.19
Telecommunication facilities,
165-403.02 Permitted uses.
commercial.
165-403.03 Conditional uses.
165-204.20
Trailers, temporary.
165-403.04 Mobile home parks and
165-204.21
Truck or fleet maintenance
subdivisions.
facilities and truck rental and
leasing facilities, without drivers.
ARTICLE V
PLANNED DEVELOPMENT DISTRICTS
ARTICLE l/l
TRANSFER OF DEVELOPPJIENT RIGHTS (Reserved)
Part 501- R4 Residential Planned Community
District
Part 301 -Transfer of Development Rights
(Reserved)
ARTICLE IV
AGRICUL T URAL AND RESIDENTIAL DISTRICTS
Part 401- RA Rural Areas District
165-401.01
Purpose and intent.
165-401.02
Permitted uses.
165-401.03
Conditional uses.
165-401.04
Permitted residential density;
165-501.05
exception.
165-401.05
Minimum lot size.
165-401.06
Permitted lot sizes.
165-501.01
Intent.
165-501.02
Rezoning procedure.
165-501.03
Permitted uses.
165-501.04
Conditional uses.
165-501.05
Mixture of housing types required.
165-501.06
Design requirements.
Part 502 - R5 Residential Recreational
Community District
165-502.01 Intent.
165-502.02 Master development plan.
165-502.03 Rezoning procedure.
165-502.04 Permitted uses.
Chapter 165
165-502.05 Design requirements.
Part 503 - TND Traditionai neighborhood
Design District (Reserved)
Part 504- MS Medical Support District
165-504.01
Intent.
165-504.02
Permitted uses.
165-504.03
District area, floor -to -area ratios,
165-608.04
and residential gross densities.
165-504.04
Access regulations.
165-504.05
Structure and parking lot setback
165-608.07
requirements.
165-504.06
Height regulations.
165-504.07
Open space, landscaped area, and
buffer and screening regulations.
165-504.08
Sign regulations.
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 601- Dimensional and Intensity
Requirements
165-601.01 Dimensional and intensity
requirements
165-601.02 Minimum landscaped area
Part 602 - B1 Neighborhood Business District
165-602.01 Intent.
165-602.02 Allowed Uses.
Part 603 - B2 Business General District
165-603.01 Intent.
165-603.02 Allowed Uses.
165-603.03 Conditional Uses.
Part 604 - B3 Industrial Transition District
165-604.01 Intent.
165-604.02 Allowed Uses
ZONING
Part 605 - OM Office -Manufacturing Park
District
165-605.01 Intent.
165-605.02 Permitted Uses.
165-605.02 Secondary or Accessory Uses.
165-605.03 Design Requirements.
Part 606 - M1 Light Industrial District
165-606.01 Intent.
165-606.02 Allowed Uses.
Part 607 - M2 Industrial General District
165-607.01 Intent.
165-607.02 Allowed Uses.
Part 608 - EM Extractive Manufacturing
District
165-608.01
Intent.
165-608.02
Permitted uses.
165-608.03
Performance standards.
165-608.04
Landscaping.
165-608.05
Setback and yard requirements.
165-608.06
Height limitations.
165-608.07
Additional requirements.
Part 609 - HE Higher Education District
165-609.01
Intent.
165-609.02
Permitted uses.
165-609.03
Yard requirements.
165-609.04
Buffers and screening.
165-609.05
Height limitation.
ARTICLE V11
OVERLAY DISTRICTS
Part 701- API Airport District
165-701.01
Intent.
165-701.02
Airport safety zones.
165-701.03
Height limitations.
165-701.04
Use restrictions.
165-701.05
Noise.
165-701.06
Nonconforming uses.
165-701.07
Appeals
Part 702 - FP Floodplain Districts
165-702.01.
Basis for delineation; overlay
165-703.02
concept.
165-702.02
Flood boundary and floodway
165-801.04
map.
165-702.03
District boundary changes.
165-702.04
Use limitations; required
approvals.
165-702.05
Floodway district development
165-801.08
prohibitions.
165-702.06
Existing structures.
165-702.07
Permitted uses.
165-702.08
Conditional uses.
165-702.09
Flood -fringe and approximated
165-801.11
Floodplain Districts.
165-702.10
Design criteria for utilities &
facilities.
165-702.11
Factors to be considered in
granting variances.
Part 703 - HA Historic Area Overlay Zone
165-703.01
Intent.
165-703.02
Establishing overlay boundaries
165-703.03
Criteria for determining historic
165-801.04
significance.
165-703.04
General regulations.
165-703.05
Administration.
Part 704 -- IA Interstate Area Overlay District
165-704.01 Intent.
Chapter 165
ZONING
165-704.02
165-704.03
165-704.04
165-704.05
District boundaries.
Establishment of boundaries.
Qualifying criteria.
District regulations.
Part 705 - TNDB Traditional Neighborhood
Design -Business Overlay District
165-705.01 Intent.
165-705.02 District boundaries.
165-705.03 Establishment of districts.
165-705.04 Use, density, dimensional and
intensity regulations.
165-705.05 Off-street parking; parking lots.
165-705.06 Design standards.
165-705.07 Master Development Plan(MDP).
165-705.08 Signage.
ARTICLE VIII
DEVELOPMENT PLANS AND APPROVALS
Part 801- Master Development Plans
165-801.01
Intent.
165-801.02
When required.
165-801.03
Waivers,
165-801.04
Review conference.
165-801.05
Preapplication conference.
165-801.06
Preliminary master development
plan.
165-801.07
Final master development plan.
165-801.08
Changes to approved plans.
165-801.09
Preliminary master development
plan submission.
165-801.10
Contents of preliminary master
development plans.
165-801.11
Final master development plans.
165-801.12
Master development plan review
fees.
Part 802 - Site Plans
165-802.01 Activities requiring site plans.
165-802.02 Site plan applications; review.
165-801.03 Site plan contents.
165-801.04 Required improvements.
Chapter 165
ZONING
ARTICLE IX
NONCONFORMING USES, STRUCTURES AND
SIGNS
Part 901— Nonconforming Uses, Structures
and Signs.
165-901.01
Continuation of pre-existing uses,
structures & signs.
165-901.02
Discontinuance.
165-901.03
Re-establishing discontinued
legally nonconforming use.
165-901.04
Expansions and modifications.
165-901.05
Legally nonconforming lots of
record.
165-901.06
Restoration or replacement.
ARTICLE X
BOARD OF ZONING APPEALS
Part 1001— Board of Zoning Appeals
165-1001.01 Appointment; organization; terms.
165-1001.02 Powers & duties.
ARTICLE XI
BUFFER & SCREENING DIAGRAMS
Part 1101— Buffer & Screening Diagrams
165-1101.01 Buffer & Screening Diagrams.
Chapter 165
�
'_.O INC
ARTICLE I
General Provisions
§ 165-1.
Intent; purpose.
§ 165-2.
Scopa._.appIicability.
§ 165-3.
Zoning districts and Zoning
§ 165-16.
Map.
§ 165-4.
Administration and
§ 165-26.
Ji,
§ 165-5.
Compliance required;
§ 165-13.
required permits.
§ 165-6.
Violations and penalties;
§ 165-29.
enforcement.
§ 165-7.
Disclosure of ownership.
ARTICLE II
Amendments
§ 165-8.
Initiation.
§ 165-9.
Applications.
§ 165-10.
Planning Commission public
§ 165-16.
hearing.
§ 165-11.
Board of Supervisors public
§ 165-26.
hearing.
§ 165-12.
Impact analyses.
§ 165-13.
Conditional rezoning.
ARTICLE III
Conditional Use Permits
§ 165-14.
Consideration; approval or
§ 165-20.
disapproval.
§ 165-15.
Standards.
§ 165-16.
Conditions.
§ 165-17.
Application and approval
§ 165-26.
procedures.
§ 165-18.
Fees.
Zoning Ordinance Supplements
Included 87, 88, 89, 90, 91, 92,
and 93 Updated 2/15%09
§ 165-19.
Site plans.
§ 165-20.
Changes in use.
§ 165-21-1.
Revocation.
ARTICLE IV
Supplementary Use Regulations
§ 165-22.
Scope.
§ 165-23.
Setback requirements.
§ 165-24.
Height limitations;
exceptions.
§ 165-25.
Lot requirements.
§ 165-26.
Secondary or accessory uses.
§ 165-27.
Off-street parking; parking
lots.
§ 165-28.
Loading areas.
§ 165-29.
Motor vehicle access.
+165-30.
5ig�r -
§ 165-31.
Protection of environmental
features.
§ 165-32.
Storianwater management.
§ 165-33.
Outdoor storage and
processing.
§ 165-34.
Property owners'
associations.
§ 165-35.
Nuisances.
§ 165-36.
Landscaping requirements.
§ 165-37.
Buffer and screening
requirements.
§ 165-38.
Shopping centers, office
parks and industrial parks.
§ 165-39.
Campgrounds and tourist
camps.
§ 165-40.
Outdoor shooting ranges.
§ 165-41.
Kennels.
165:1 02- 15 -2009
FREDERICK COUNTY CODE
§ 165-42.
Operation of
§ 165-53.
slaughterhouses and
§ 165-54.
rendering plants.
165-43.
Motor vehicle service uses
§ 165-56.
and public garages.
§ 165-44.
Self-service storage facilities.
§ 165-45.
Temporary trailers.
§ 165-46.
Sewage treatment facilities.
§ 165-47.
Landfills, junkyards, trash
§ 165766.
disposal and inoperable
vehicles.
§ 165-48.
Car washes.
§ 165-48.1.
Restaurants.
§ 165-48.2.
Truck or fleet maintenance
facilities and truck rental
and leasing facilities,
without drivers.
§ 165-48.3.
Electrical, hardware,
plumbing and heating
equipment businesses (SIC
506 and 507).
§ 165-48.4.
Commercial batting cages
operated outdoors.
§ 165-48.5.
Adult care residences,
assisted !wing care facilities
and convalescent or nursing
homes.
§ 165-48.6.
Commercial
telecommunication facilities.
§ 165-48.7.
Flex -tech uses.
§ 165-48.8.
Humanitarian aid
organizational office.
§ 165-48.9.
Streets: Inter -parcel
connectors.
§ 165-48.10.
Government services office.
§ 165-48.11.
Grocery and food stores.
ARTICLE V
RA Rural Areas District
§ 165-49. Purpose and intent.
§ 165-50. Permitted uses.
§ 165-51. Conditional uses.
§ 165-52. Permitted residential
ARTICLE VI
RP Residential Performance District
§ 165-58.
density; exception.
§ 165-53.
Minimum lot size.
§ 165-54.
Permitted lot sizes.
§ 165-55.
Setback requirements.
§ 165-56.
Minimum width; maximum
§ 165-62.1.
depth.
§ 165-57.
Height restriction.
ARTICLE VI
RP Residential Performance District
§ 165-58.
Intent.
§ 165-59.
Permitted uses.
§ 165-60.
Conditional uses.
§ 165-61.
Number of uses restricted.
§ 165-62.
Gross density.
§ 165-62.1.
Multifamily housing.
§ 165-63.
Open space requirements.
§ 165-64.
Recreation facilities.
§ 165-65.
Dimensional requirements.
§ 165766.
Phased development.
ARTICLE VII
R4 Residential Planned Community
District
§ 165-67.
Intent.
§ 165-68.
Rezoning procedure.
§ 165-69.
Permitted uses.
§ 165-70.
Conditional uses.
§ 165-71.
Mixture of housing types
required.
§ 165-72.
Design requirements.
165.2 02-15-2009
ZONING
ARTICLE VIII
R5 Residential Recreational Community
District
§ 165-73. Intent.
§ 165-74. Master development plan.
§ 165-75. Rezoning procedure.
§ 165-76. Permitted uses.
§ 165-77. Design requirements.
ARTICLE IX
MHl Mobile Home Community District
§ 165-78.
Intent.
§ 165-79.
Permitted uses.
§ 165-80.
Conditional uses.
§ 165-81.
Mobile home parks and
§ 1165 -88.
subdivisions.
ARTICLE X
Business and Industrial Zoning Districts
§ 165-82. District use regulations.
§ 165-83. Dimensional and intensity
requirements.
ARTICLE XI
EM Extractive Manufacturing District
§ 165-84.
Intent.
§ 165-85.
Permitted uses.
§ :165-86.
Performance standards.
§ 11_65-87.
Landscaping.
§ 1165 -88.
Setback and yard
§ 165-99.
requirements.
§ 165-89.
Height limitations.
§ 165-90.
Additional requirements.
ARTICLE XII
HE Higher Education District
§ 165-91. Intent.
§ 165-92. Permitted uses.
§ 165-93. Yard requirements.
§ 165-94. Buffers and screening.
§ 165-95. Height limitations.
ARTICLE XIII
MS (Medical Support) District
§ 165-96.
Intent.
§ 165-97.
Permitted uses.
§ 165-98.
District area, floor -to -area
§ 165-107.
ratios and residential gross
§ 165-108.
densities.
§ 165-99.
Access regulations.
§ 165-100.
Structure and parking lot
setback regulations.
§ 165-101.
height regulations.
§ 165-102.
Open space, landscaped
overlay concept.
area, and buffer and
Flood Boundary and
screening regulations.
§ 165-103.
Sign regulations.
ARTICLE XIV
API Airport District
§ 165-104.
Intent.
§ 165-105.
Airport safety zones.
§ 165-106.
Height limitations.
§ 165-107.
Use restrictions.
§ 165-108.
Noise.
§ 165-109.
Nonconforming uses.
§ 165-110.
Appeals.
ARTICLE XV
FP Floodplain Districts
§ 165-111.
Basis for delineation;
overlay concept.
§ 165-112.
Flood Boundary and
Floodway Map.
165:3 08- 15-2008
FREDERICK COUNTY CODE
§ 165-113.
District boundary changes.
§ 165-114.
Use limitations; required
§ 165-129.
approvals.
§ 165-11.5.
Floodway District
§ 165-131.
development prohibitions.
§ 165-116.
Existing structures.
§ 165-117.
Permitted uses.
§ 165-118.
Conditional uses.
§ 165-119.
Flood -Fringe and
§ 165-131.8.
Approximated Floodplain
§ 165-140.
Districts.
§ 165-120.
Design criteria for utilities
and facilities.
§ 165-121.
Factors to be considered in
granting variances.
ARTICLE XVI
HA Historic Area Overlay Zone
§ 165-122. Intent.
§ 165-123. Establishing overlay
boundaries.
§ 165-124. Criteria for determining
historic significance.
§ 165-125. General regulations.
§ 165-126. Administration.
ARTICLE XVII
IA Interstate Area Overlay District
§ 165-127.
Intent.
§ 165-128.
District boundaries.
§ 165-129.
Establishment of districts.
§ 165-130.
Qualifying criteria.
§ 165-131.
District regulations.
ARTICLE XVIIA
TNDB (Traditional Neighborhood
Design -Business) Overlay District
§ 165-131.1. Intent.
§ 165-131.2.
District boundaries.
§ 165-131.3.
Establishment of districts.
§ 165-131.4.
Use, density, dimensional
§ 165-135.
and intensity regulations.
§ 165-131.5.
Off-street parking; parking
§ 165-137.
lots.
§ 165-131.6.
Design standards.
§ 165-131.7.
Master Development Plan
(MDP).
§ 165-131.8.
Signage.
ARTICLE XVIII
Master Development Plan
§ 165-132.
Intent.
§ 165-133.
When required.
§ 165-134.
Waivers.
§ 165-135.
Review conference.
§ 165-136.
Preapplication conference.
§ 165-137.
Preliminary master
development plan.
§ 165-138.
Final master development
plan.
§ 165-139.
Changes to approved plans.
§ 165-140.
Preliminary master
development plan
submission.
§ 165-141.
Contents of preliminary
master development plans.
§ 165-142.
Final master development
plans.
§ 165-143.
Master development plan
review fees.
ARTICLE XIX
Site Plans
§ 165-144. Activities requiring site
plans.
165:4 08-15-2008
ZONING
§ 165-145. Site plan applications;
review.
§ 165-146. Site plan contents.
§ 165-147. Required improvements.
ARTICLE XX
Nonconforming Uses, Structures and
Signs
§ 165-148. Continuation of preexisting
165:4.1 08- 1 5 - 2008
uses, structures, and signs.
§ 165-149.
Discontinuance.
§ 165-150.
Reestablishing discontinued
legally nonconforming use.
§ 165-151.
Expansion and
modifications.
§ 165-152.
Legally nonconforming lots
of record.
165:4.1 08- 1 5 - 2008
§ 165-1 ZONING 165-2
§ 165-153. Restoration or replacement. ARTICLE XXII
Definitions
ARTICLE XXI
Board of Zoning Appeals § 165-156. Definitions and word usage.
Buffer and Screening
§ 165-154. Appointment; organization; Diagrams
terms.
§ 165-155. Powers and duties.
[HISTORY: Adopted by the Board of Supervisors of the County of Frederick 2-14-1990
(Ch. 21 of the 1984 Frederick County Code). Amendments noted where applicable.]
Planning Commission—See Ch. 21.
Air pollution and open burning — See Ch. 45.
Animals and fowl—See Ch. 48.
Building construction —See Ch. 52.
Building maintenance—See Ch. 54.
Erosion and sediment control — See Ch. 79.
Fire prevention — See Ch. 90.
GENERAL REFERENCES
Junk dealers and pawnbrokers — See Ch. 104.
Massage parlors and health clubs — See Ch. 112.
Nuisances —See Ch. 122.
Solid waste — See Ch. 142.
Subdivision of land — See Ch. 144.
Swimming pools — See Ch. 152.
Water and sewers — See Ch. 161.
ARTICLE I
General Provisions
§ 165-1. Intent; purpose. [Amended 11-12-2003]
This chapter is intended to promote the health, safety and general welfare of the public and
the orderly development of Frederick County. This chapter is intended to accomplish the
purposes listed in § 15.2-2200 of the Code of Virginia, as amended. In addition, it is intended
that this chapter provide one means to achieve the goals set forth in the Frederick County
Comprehensive Plan.
§ 165-2. Scope; applicability.
This chapter shall establish regulations concerning the use of land, the dimensions of lots and
uses and other supplementary development regulations to achieve the intentions of this
chapter. This chapter establishes districts throughout the County and regulations applicable to
each district.
A. In all districts established by this chapter, any new lot, use or structure shall be
constructed, developed and used only in accordance with the regulations specified in this
chapter_
B. In all districts, after the effective date of this chapter, any existing lot, use or structure
which is not in conformity with the regulations for the district in which it is located shall
be deemed as nonconforming and subject to the regulations of Article XIX of this chapter.
[Amended 11-12-2003]
165:5 06-15-2007
Item #5: Definition of Attached Dwellings
In reviewing the definitions in the Zoning Ordinance, it has been determined that the definition of
"Dwelling, Attached" needs to be revised. The definition needs to be updated to distinguish the
various types of attached housing types currently permitted in the Zoning Ordinance and how they
may be connected to one another. Staff is proposing an ordinance amendment to clarify the attached
dwelling definition as follows:
DWELLING —A residential structure of portion thereof which is used exclusively for human habitation.
E. DWELLING, ATTACHED — ^ dwelling atta hed to teF „ dwelliRos by vertical
[Added 0-7-29011 A dwelling with two (2) or more single family dwelling units which are generally
joined together by an above grade common party wall extending from the lowest floor to the roof or
by a common floor -ceiling. A common floor -ceiling shall be the floor of one unit that is shared with
the ceiling of another unit in vertically stacked dwelling units. Townhouse units may be attached by
a garage or a connecting permanent architecturally unified structure such as a breezeway, carport, or
wall, which structures continue the design, pattern and/or materials of the fagade from one (1)
dwelling unit to another.
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration. It should be noted that staff will be
bringing revisions to the individual housing types permitted in the RP (Residential Performance)
District and the remaining definitions at a later time.