DRRC 02-23-12 Meeting AgendaiWn COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
MEMORANDUM FAX: 540/665-6395
To: Development Review and Regulations Committee
From: Candice E. Perkins, AICP, Senior Planner ,
Subject: February Meeting and Agenda
Date: February 15, 2012
The Frederick County Development Review and Regulations Committee (DRRC) will be
meeting on Thursday, February 23, 2012 at 7:00 p.m. in the first floor conference room
(purple room) of the County Administration Building, 107 North Kent Street, Winchester,
Virginia. The DRRC will discuss the following agenda items:
AGENDA
1) Review of all Zoning and Subdivision Ordinance Waiver Opportunities. Review of
all waiver opportunities contained within the Zoning and Subdivision Ordinances and
discussion on changes regarding the approving entity for some waivers.
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 #1: Zoning and Subdivision Ordinance Waiver Opportunities
Staff has been asked to review all waiver opportunities contained within the Zoning and
Subdivision Ordinances. The review of these waivers is partly due to the fact that staff has been
informed that the Code of Virginia does not allow the Planning Commission to approve
deviations from the ordinances: these are only authorized by the Zoning/Subdivision
Administrator or the Board of Supervisors. This review will also ensure that the approving entity
for each waiver opportunity is appropriate.
This item has three attachments:
1. Current Planning Commission Waivers — This attachment shows all current Planning
Commission waiver opportunities contained within the Zoning and Subdivision
Ordinances. Deletions are shown in strikethrough and additions in bold underlined
italics.
2. Current Board of Supervisors Waivers — This attachment shows all current Board of
Supervisors waiver opportunities contained within the Zoning and Subdivision
Ordinances. Deletions are shown in strikethrough and additions in bold underlined italics
(existing waivers that remain unchanged are underlined).
3. Current Zoning/Subdivision Administrator Waivers — This attachment shows all
current Zoning/Subdivision Administrator waiver opportunities contained within the
Zoning and Subdivision Ordinances. Deletions are shown in strikethrough and additions
in bold underlined italics (existing waivers that remain unchanged are underlined).
With waivers proposed to be modified, staff has ensured that applications that must be reviewed
by the Board of Supervisors or waivers that have the potential to impact surrounding properties,
have been changed to show Board waivers, and applications that have administrative review and
approval have been changed to show Zoning/Subdivision Administrator approval.
Staff is seeking input from the DRRC on these proposed waivers and the changes shown in the
attachments. 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. Current Planning Commission Waivers
2. Current Board of Supervisors Waivers
3. Current Zoning/Subdivision Administrator Waivers
W
ATTACHMENT 1
PC Waivers
Chapter 165 — Zoning
Planning Commission Waivers — Modifications
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 201— Supplementary Use Regulations
§ 165-201.03 Height limitations; exceptions.
B. Exceptions to height requirements.
(6) General office buildings in the 62 and 133 Zoning Districts and hotel and motel buildings in the 132
Zoning District shall be exempt from the maximum height requirement of those zoning districts. In
no case shall the height of such buildings exceed 60 feet. When such exemptions are proposed
adjacent to existing residential uses, the Dlanning Commission Board of Supervisors shall review the
site development plan pursuant to the provisions of § 165-203.02A(3).
§ 165-201.08 Protection of environmental features.
B. All developments which require a master development plan, subdivision design plan, site plan, or
preliminary sketch plan shall preserve the following environmental features as described:
(6) Steep slopes. No more than 25% of steep slopes, as defined, shall be disturbed or regraded. The
Zoning Administrator may allow the disturbance of additional small areas where that
disturbance will alleviate potential health or safety problems and will not significantly denigrate
the overall environmental quality of the site. The Planning Commission maiI�the
disturbance of largeF areas of steep slopes -
C. In residential developments, the areas of undisturbed environmental features described in § 165-
201.086 shall be located in areas of open space. However, the Zoning Administrator Wanmmn
Oenrnissien may allow undisturbed areas to be included in the required setback and yard areas on
residential lots when the extent, location, and disturbance of environmental areas make it
impractical to place the undisturbed areas in common open space. In such circumstances,
environmental easements, deeds of dedication, final subdivision plats, or other legal instruments
approved by the Zoning Administrator shall be required to specify the restrictions to be placed on
the environmental areas.
§ 165-202.01 Off-street parking; parking lots.
Off-street parking shall be provided on every lot or parcel on which any use is established according to
the requirements of this section. This section is intended to ensure that parking is provided on the lots
to be developed and to ensure that excess parking in public street rights-of-way does not interfere with
traffic.
(4) Procedure for Adjustments to Parking Requirements.
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a) Generally, the PlaRRiRg COMMiSSieR Zoning Administrator may approve a reduction
in required parking spaces. Applications for such a reduction shall be submitted to
the Zoning Administrator in conjunction with a site plan and include the following:
1) A parking demand analysis which substantiates the basis for a reduced number
of parking spaces.
2) A plan showing how the parking spaces will be provided on the site.
3) An executed covenant guaranteeing that the owner will provide the additional
spaces otherwise required, if the Planning
Commission, upon recernmeRdation
of the Zening AdFniRiStFator, after thorough investigation by the Zoning
Administrator of the actual utilization of parking spaces at the building or
complex, decides that the approved reduction be modified or revoked. Said
covenant shall:
i. Be executed by the owner of said lot or parcel of land and the parties
having beneficial use thereof;
ii. Be enforceable by the owner, the parties having beneficial use, and
their heirs, successors and assigns or both;
iii. Be enforceable against the owner, the parties having beneficial use, and
their heirs, successors and assigns or both; and
iv. Be recorded in the Office of the Clerk of the Circuit Court.
Part 202 — Off -Street Parking, Loading and Access
§ 165-202.03 Motor vehicle access.
A. New driveways.
(7) Spacing exceptions. New driveways with entrances on arterial or primary highways which do not
meet the above spacing requirements shall be allowed only when access meeting the spacing
requirements cannot be provided from the arterial highway to the individual property by using
one of the following methods:
(b) Shared access. When a lot is created on a collector road or arterial highway, shared means
of access to the road or highway shall be created by access easement, shared driveway or
other means to ensure that the spacing requirements have been met.
[1] When a lot is divided or developed that can be provided with a driveway meeting the
spacing requirements but that is adjacent to other parcels or lots that will not be able to
have entrances meeting the spacing requirements, means of highway access to the
adjoining property may be required by the Zoning Administrator or °�;,;g
Cernmmss4 on the lot to be divided or developed.
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PC Waivers
B. Alternative methods.
(1) The DlanRiRg Cern fission Zoninq Administrator may allow other means of motor vehicle access
which do not meet the above requirements. Such means may involve the use of entrances which
physically limit or restrict left turns, methods which ensure one-way travel or other methods.
D. Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a
master plan or site plan approved by Frederick County. Sidewalks shall be provided in conformance
with adopted corridor or walkway plans or approved master development plans. The Planning
Ce+a1FnissiOR Zoninq Administrator may require additional sidewalks or walkways on master plans or
site plans to promote a general system of pedestrian access in residential neighborhoods or business
corridors.
Part 203 — Buffers and Landscaping
§ 165-203.02 Buffer and screening requirements.
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 its 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.
(3) Wherever proposed developments are adjacent to or within 1,000 feet of the boundaries of
existing uses, the Planning Cernm;«;^^ Board of Supervisors 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 level of screening provided, the lower the level of distance buffer
required. The example diagrams show how this works.
(3) Wherever proposed developments are adjacent to existing uses, the PlanniRg CornmissieR Board
of Supervisors may require additional landscaping or landscaped easements to separate different
uses and to achieve the intentions of this section.
C. Residential separation buffers. Perimeter and interior residential separation buffers shall be
established to adequately buffer single-family detached traditional and cluster dwellings from other
housing types. The function of the perimeter separation buffer shall be to adequately separate
different housing types within adjoining developments, while the interior separation buffer shall
adequately separate different housing types within mixed-use developments. The requirements for
perimeter and interior residential separation buffers are as follows:
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(3) Interior residential screening. This buffer shall be designated as a continuous landscaped
easement that will be placed between single-family detached traditional and cluster dwellings
and other housing types. This landscaped easement shall be at least 10 feet in depth and
contain a double row of evergreen trees. Each row of evergreen trees shall be a minimum of
four feet in height at time of planting and spaced no more than eight feet apart. If natural
barriers, topography or other features achieve the function of an interior separation buffer, the
requirement may be waived by the Planning COMMiSSieR Zoning Administrator.
D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain
different zoning districts.
(10) When a flex -tech development is split by a zoning district line, the DlanRiRg COMmi«i^^ Zoning
Administrator may allow for a reduction of the distance buffer and the relocation of the
screening requirements. Such modifications shall be allowed at the ^'r Zoning
Administrator's discretion, provided that all of the following conditions are met:
(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.
E. Road efficiency buffers.
(3) All road efficiency buffers shall contain evergreen trees intended to reach a minimum height
of 20 feet at maturity. These evergreen trees shall provide a continuous screen, with plantings
spaced no more than 10 feet apart. The full -distance buffer shall contain a double row of
evergreen trees that are a minimum of four feet in height when planted. The reduced -
distance buffer shall contain an earth berm that is six feet in height above the average road
grade and shall contain a single row of evergreen trees that are a minimum of four feet in
height when planted. Alternative landscaping may be permitted near entrance drives to
ensure safe sight distances. The Dlanning C- iSSiE) Zoning Administrator may allow for
alternative designs which meet the intent of the section in the event of topography or sight
distance constraints.
Part 204 — Additional Regulations for Specific Uses
§ 165-204.06 Flex -tech uses.
C. All flex -tech developments shall adhere to a site plan that has been approved by the Frederick County
Zoning Administrator and complies with the requirements set forth in this chapter and to the
following flex -tech design standards:
(2) Site layout requirements.
(a) Loading bays.
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[1] All loading bays shall be located so that they are not visible from road rights-of-way. All
loading bays shall be screened from view by the building, landscaping, walls or decorative
fencing.
[2] Except during the process of loading or unloading, trucks and trailers shall not be parked
outside the building, unless parked in screened areas not visible from adjacent road
rights-of-way or properties.
[3] The Planning Commi«i^^ Zoninq Administrator may waive any and all of the loading bay
location and screening requirements when a site is bordered by two or more road rights-
of-way. In no case shall a loading bay be visible from an arterial or collector road, as
identified by the Frederick County Comprehensive Policy Plan.
§ 165-204.11 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.
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 Dlanning Cern fission Board of Supervisors 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.
§ 165-204.14 Sewage treatment facilities.
B. A minimum buffer of 600 feet shall be maintained on parcels containing sewage treatment facilities
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 Board of Supervisors 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 sewage treatment facility, 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 sewage treatment facility.
§ 165-204.19 Telecommunication facilities, commercial.
B. The following standards shall apply to any property in which a commercial telecommunication facility
is sited, in order to promote orderly economic development and mitigate the negative impacts to
adjoining properties:
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(1) The PlanRiRg Commissien Board of Supervisors may reduce the required setback distance for
commercial telecommunication facilities as required by § 165-201.03B(8) of this chapter if it
can be demonstrated that the location is of equal or lesser impact. When a reduced setback is
requested for a distance less than the height of the tower, a certified Virginia engineer shall
provide verification to the Planning CGmmissicm Board of Supe.-viso:s that the lower is
designed, and will be constructed, in a manner that if the tower collapses for any reason the
collapsed tower will be contained in an area around the tower with a radius equal to or lesser
than the setback, measured from the center line of the base of the tower. In no case shall the
setback distance be reduced to less than 1/2 the distance of the tower height. Commercial
telecommunication facilities affixed to existing structures shall be exempt from setback
requirements, provided that they are located no closer to the adjoining property line than the
existing structure.
§ 165-204.21 Truck or fleet maintenance facilities and truck rental and leasing facilities, without
drivers.
F. The Dlanning Commission Board of Supervisors may require additional buffers and screening other
than those defined in § 165-203.02 of this chapter.
§ 165-204.23. Welding Repair (SIC 7692).
A. Welding repair operations in the RA (Rural Areas) District, shall meet the following
requirements:
(1) The Nanning Commission Board of Supervisors may require buffer and screening elements
and/or distance when deemed necessary to protect existing adjacent uses.
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401— RA Rural Areas District
§ 165-401.02 Permitted uses.
Structures and land shall be used for one of the following uses:
S. Oil and natural gas exploration, provided that the following requirements are met:
(1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local
regulations shall be met.
(2) A site plan shall be reviewed and approved meeting all requirements of the Frederick County
Code.
(3) Approval of the site plan and use shall be for 90 days, with subsequent renewals being approved
by the Dlanning Cemr issieR Board of Supervisors.
§ 165-401.06 Permitted lot sizes.
The following types of lots shall be permitted:
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PC Waivers
C. Rural preservation lots.
(2) Exception to the Rural Preservation Tract. In cases where excessive topography or other natural
features of a site create a situation where a higher quality subdivision design, resulting in less
physical and/or visual disruption could be achieved by allowing two residual parcels to be
created, the DlaRniRg Cernmi«i^^ Zoning Administrator may permit the 60% to be made up of
two parcels.
Part 402 — RP Residential Performance District
§ 165-402.07 Open space requirements.
A. A minimum percentage of the gross area of any proposed development shall be designated as
common open space. This open space shall be for purposes of environmental protection and for the
common use of residents of the development. Such open space shall be dedicated to a property
owners association or to Frederick County. Open space shall be dedicated to Frederick County only
with the approval of the Board of Supervisors. The DlanniRg Cemmissien Board of Supervisors may
allow public libraries and public schools to be located within areas designated as common open
space, provided that the proposed facilities are indicated on the original master development plan
for the residential development. During the review of the master development plan, the Planning
Commis sie Board of Supervisors shall ensure that the location of a proposed public library or public
school is appropriate and that adequate buffers, screening and access are provided to prevent
negative impacts to adjoining residential uses. Public libraries and public schools shall be dedicated to
Frederick County. Developments which contain any of the following housing types shall provide open
space as specified below:
C. In developments containing only single-family detached urban housing or single-family detached
urban housing mixed with single-family detached traditional housing, the required open space may
be waived by the Board of Supervisors. The open space requirement shall only be waived when the
required open space is less than one acre. Such wai.er-s shall be gFanted by the AdrniRistratoF,
recommendation by the P!a R. *Rg r.,..,missien. Such waiver shall not include open space provided to
meet environmental requirements.
§ 165-402.08 Recreation facilities.
A. Housing types with lot sizes of less than 5,000 square feet shall provide the following recreational
units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall
contain at least one such recreational unit. In addition, developments containing single-family small
lot housing shall provide a community center that provides for the equivalent of three age-
appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and
location that is easily accessible to the dwelling units that they are designed to serve. The design and
amount of facilities shall be approved by the Plan ;iRg CeMMi«i^^ iR CqRjunctieRwith the Zoning
Administrator in conjunction with apA the Department of Parks and Recreation, using the following
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PC Waivers
recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan
review.
Part 403 — MH1 Mobile Home Community District
§ 165-403.04 Mobile home parks and subdivisions.
C. Streets.
(2) Private streets in existing mobile home parks. The DlaRRing Commission Board of Supervisors
may allow new sections of existing mobile home parks, which are currently served by a complete
system of private streets, to be provided with access using private streets. In such cases, the
private streets must meet the following requirements:
ARTICLE V
PLANNED DEVELOPMENT DISTRICTS
Part 501— R4 Residential Planned Community District
§ 165-501.06 Design requirements.
E. Open space. A minimum of 30% of the gross area of any proposed development shall be designated
as common open space. This open space shall be for purposes of environmental protection and for
the common use of residents of the development. No more than 50% of the required open space
shall be within the following environmental areas: lakes and ponds, wetlands or steep slopes. The
Zoning Administrator Directer A,f Planning,upon recommendation of the D alining Commissien Board
of Supervisors, may allow a larger amount of steep slopes to be utilized where the developer can
demonstrate a viable plan for the use of these areas. Open space land shall be dedicated to the
property owners' association or to Frederick County. Land shall only be dedicated to Frederick County
with the approval of the Board of Supervisors.
F. Recreational facilities. One recreational unit or equivalent recreational facilities shall be provided for
each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to
the dwelling units that they are designed to serve. The design and amount of facilities shall be
approved by the Planning r„^,.,„SSiOR iR GeRjURCAiOR with the Zoning Administrator in conjunction
with and the Department of Parks and Recreation. A recreational unit is designed to meet the
recreational needs of 30 dwelling units. The units may be broken into smaller units or added together
to meet the needs of the planned community.
Part 502 — R5 Residential Recreational Community District
§ 165-502.05 Design requirements.
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D. Commercial areas. Not more than 6% of the gross area of a residential recreational community shall
be used for commercial uses. Commercial uses shall be located in village centers designated on the
approved piaster development plan. The 6lanning Commission Board of Supervisors may require
the submission of a generalized development plan depicting the type and location of uses, access
and circulation patterns within identified village centers.
F. Open space. A minimum of 35% of the gross area of any proposed development shall be designated
as common open space. This open space shall be for purposes of environmental protection and for
the common use of residents of the development. No more than 50% of the required open space
shall be within lakes and ponds, wetlands or steep slopes. The Dlanning Commission Board o
Supervisors may allow a larger amount of steep slopes to be utilized where the developer can
demonstrate a viable plan for the use of these areas. Where age -restricted communities are
approved with private streets, a minimum of 45% of open space shall be required.
G. Recreational facilities. One recreational unit or equivalent recreational facilities shall be provided for
each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to
the dwelling units that they are designed to serve. The design and amount of facilities shall be
approved by the-P!aRR*ng Commission, 'R eenjunetieR with the Zoning Administrator in conjunction
with a -Rd the Department of Parks and Recreation. When the single-family small lot housing type is
used, the requirements of § 165-402.08, Recreational facilities, shall be met.
H. Buffers and screening. Buffers and screening shall be provided between various uses and housing
types as if the uses were located in the RP, 61 or B2 Zoning District according to the uses allowed in
those districts. Buffers and screening shall be provided accordingly as specified in §165-203.02 of this
chapter. Road efficiency buffers shall be provided according to the requirements of that section. In
addition, along the perimeter boundary of the Residential Recreational Community District, buffers
and screens shall be provided in relation to adjoining properties as if the uses in the planned
community were located in the RP, 131 and B2 Zoning Districts. D!aRRmRg COMMiSSiOR Board o
Supervisors may allow alternative methods for achieving buffer and screening requirements and may
waive the interior residential screening and road efficiency buffer requirements in age -restricted
communities.
K. Streets. The residential recreational community development shall be provided with a complete
system of public streets dedicated to the Virginia Department of Transportation. The road system
shall conform with the Frederick County Comprehensive Policy Plan and with road improvement
plans adopted by the County.
(1) Within any portion of a residential recreational community which qualifies as an age -restricted
community, the P!anr;ng r^.. miss;^n Board of Supervisors may allow for the installation of
private streets, provided that all streets conform to the construction details and materials of the
Virginia Department of Transportation Standards and that a program for the perpetual
maintenance of all streets is provided which is acceptable to the Commission Board o
Supervisors and the Transportation Planner.
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(2) Within R-5 residential recreation community developments approved prior to 1980, the Planning
moon Board of Supervisors may allow the extension of existing private roads if no other
means of access is available.
FAL Alternative access. A combined system of pedestrian and/or bicycle access, in the form of paved
sidewalks, interior walkways or bike paths, shall be provided to allow walking or bicycling between
every use, structure or recreational facility. Such access shall be connected with existing travelways
adjacent to the residential recreational community development. In age -restricted communities, at
the time of master development plan approval, the Dlanning Commission Board of Supervisors may
allow local streets without sidewalks to be used and incorporated into the system of pedestrian and
bicycle access. The type and nature of trails to be used shall be identified, detailed and approved on
the master development plan.
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 601— Dimensional and Intensity Requirements
§ 165-601.03 Minimum landscaped area
Minimum landscaped area. In the B2 Business General Zoning District, the D aRRin^ CernmissieR Board
of Supervisors may require that more than 15% of the area of a site shall be landscaped in order to meet
the intent of this chapter.
Part 608 — EM Extractive Manufacturing District
§ 165-608.04 Landscaping.
Appropriate landscaping or screening may be required by the Zoning Administrator or P4annon
mon Zoning Administrator within any required yard setback area in order to reasonably protect
adjacent uses from noise, sight, dust or other adverse impacts.
§ 165-608.05 Setback and yard requirements.
A. Front setback.
(2) Excavations shall be no closer than one hundred feet from any road, street or highway right-of-
way. The DIaRniRg COMMO«i^^ Board of Supervisors may reduce the required front setback for
excavation to 50 feet if it determines that, through the use of measures, such as landscaping or
screening, the effective protection afforded to adjacent properties has not been reduced.
B. Side and rear setbacks. All principle and accessory structures shall be set back at least 25 feet from
any side or rear property boundary.
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(1) No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or MH1.
The P!oRRORg r„m missieR Board of Supervisors may reduce this required setback to 50 feet if it
determines that, through the use of measures, such as landscaping or screening, the effective
protection afforded to adjacent properties has not been reduced.
(2) Excavations shall be no closer than one hundred feet from any property zoned RA, RP, R4, R5 or
MI -11. No excavation shall be located closer than 200 feet from any dwelling or platted
residential subdivision. The Dlanning Commission Board of Supervisors may reduce these
required setbacks to 50 feet if it determines that, through the use of measures, such as
landscaping or screening, the effective protection afforded to adjacent properties has not been
reduced.
(3) All crushing or screening machinery shall be set back at least 300 feet from any property
boundary. If such equipment is fully enclosed within a building which maintains the effective
protection afforded adjacent properties, the Planning Commission Board of Supervisors may
reduce this yard requirement to a minimum of 200 feet.
Part 609 — HE Higher Education District
§ 165-609.04 Buffers and screening.
A. The D1aRR;Rg GeFAFPi«i0R Zoning Administrator may require distance buffers, as defined in § 165-
203.02A 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 buffers shall be
based on the amount of separation needed.
B. The D1 a^^'^^ C^Mm'«'^R Zoning Administrator may require landscaped screens or full landscaping,
as defined by § 165-203.0213 of this chapter, to separate uses in this district from adjoining
residential uses and to achieve the intentions of this chapter.
ARTICLE VII
OVERLAY DISTRICTS
Part 704— IA Interstate Area Overlay District
§ 165-704.05 District regulations.
D. Setback requirements.
(3) The Dlanning Commission Board of Supervisors may waive any portion of the setback described
in §165-704.05D(2) if it can be demonstrated that the setback requirement cannot be met due
to the irregular size or shape of the parcel.
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ARTICLE IX
NONCONFORMING USES, STRUCTURES AND SIGNS
Part 901— Nonconforming Uses, Structures and Signs.
§ 165-901.06 Restoration or replacement.
If a legally nonconforming use or structure is destroyed or damaged in any manner, it may be repaired
or restored, provided any such repair or restoration is completed within 12 months from the date the
legally nonconforming use or structure was destroyed or damaged. The Board of Supervisors Waning
Cernmissi may approve a waiver to allow an extension up to 18 months from the date the legally
nonconforming use or structure was destroyed or damaged if requested by the owner_ All legally
nonconforming signs that are destroyed or damaged in any manner may be repaired or restored only if
all work is completed within six months from the date the legally nonconforming sign was destroyed or
damaged.
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Chapter 144 —Subdivision of Land
Planning Commission Waivers — Modifications
ARTICLE V
Design Standards
§ 144.17. Streets.
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It is the intention of Frederick County, through its Comprehensive Plan and the following standards, to
ensure that an adequate network of streets is created which provides multiple access points to
subdivisions. All proposed subdivision streets shall be public streets dedicated to Frederick County for
eventual acceptance into the state secondary road system and shall meet the following design
standards, as well as the subdivision street requirements of the Virginia Department of Transportation.
Where conflicts occur, the more restrictive requirement shall apply.
D. Intersections.
(1) Streets shall intersect at approximately right angles. The DlaRning cernmi«i^^ Board o
Supervisors may allow intersections of lesser angles. In no case shall a street intersect
another at an angle of less than 80 degrees.
G. Culs-de-sac.
(1) Culs-de-sac, permanently designed as such, shall not exceed 1,000 feet in length unless
required by the Virginia Department of Transportation standards for connectivity. The
P!aRRiRg Commission Board of Supervisors may waive this requirement in cases where
extreme topography or other factors make it impractical. In no case shall the street
serve more than 25 lots. The turnaround provided shall have a right-of-way radius of
not less than 50 feet and a paved radius of not less than 45 feet. Loop streets are
preferred to culs-de-sac, where possible. [Amended 12-9-20091
L. Curbs and gutters. Curbs and gutters shall be constructed along both sides of all streets in any
subdivision containing lot(s) less than 15,000 square feet or lot widths of 80 feet or less at the
street. The subdivider shall determine the curb cuts necessary for entrance locations for any
subdivision that requires curbs and gutters at the subdivision design plan stage. The Planning
moon Subdivision Administrator may allow for alternatives to curbs and gutters where it
is determined that improved stormwater management, such as reduced concentration of peak
flow for a drainage shed, would be achieved without it. Such alternatives shall only be
permitted when acceptable to the Subdivision Administrator and when approved by the
Director of Public Works.
M. Street signs. Street signs shall be required at all street intersections in all subdivisions. Signs
other than those conforming to typical Virginia Department of Transportation standards may be
permitted by the Dlanning Cemmi"i^^ Subdivision Administrator if the size and design are
deemed appropriate. The subdivider shall submit a maintenance plan for any sign that does not
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conform to Virginia Department of Transportation standards, which must be approved by the
DlaRning Commission Subdivision Administrator. No occupancy permit will be issued for any
dwellings within a subdivision prior to the placement of required street signs serving those
residences.
§ 144.19. Streetlights.
Streetlights of adequate type and intensity shall be required to promote public health and safety
in any subdivision in the RP (Residential Performance), R4 (Residential Planned Community), R5
(Residential Recreational Community) Districts and residential areas in the MS (Medical Support)
Districts. Streetlights shall be provided at all intersections. The design proposal for
streetlighting shall be approved by the Subdivision Administrator. The DlanRing C^^,^,
Board of Supervisors may waive the requirement for streetlights.
§ 144.21. Stormwater management. [Amended 12-11-1991]
B. In addition, a stormwater management plan for a land development project shall be developed
so that, from the site, the postdevelopment peak runoff rate from a two-year storm and a ten-
year storm, considered individually, shall not exceed the predevelopment rates.
Predevelopment and postdevelopment runoff rates shall be verified by calculations that are
consistent with good engineering practices, County and state standards and acceptable to
Frederick County. The Planning Cemmission Subdivision Administrator shall may exempt
subdivisions in which all lots are 15,000 square feet or more in area from the above
requirements, this waiver shall only be permitted when acceptable to the Director of Public
Works. In such cases, the exempted subdivision shall meet the requirements of the State
Erosion and Sediment Control Regulations, VR 625-03-22, Paragraph 19.
(6) Regional facilities.
(a) Where land to be subdivided lies within a watershed designated by the Frederick
County Comprehensive Plan as one in which the most efficient stormwater
management would be achieved through regional stormwater facilities, the
subdivider shall contribute a pro rata share of the cost of the necessary drainage
facilities which may be outside the limits of the land owned or controlled by the
subdivider but which are required, at least in part, by the proposed improvements,
as provided for in § 15.2-2245.1 of the Code of Virginia. In such cases, the Waring
Cemrnissien Subdivision Administrator may waive some or all of the stormwater
management requirements in this section when acceptable to the Director of Public
Works.
§ 144.25. Utilities and easements.
B. Underground utilities. All electric, telephone and cable television lines shall be installed
underground. This requirement may be waived by the Dlanning Commission Board o
Supervisors for subdivisions and lots in business and industrial zoning districts not requiring an
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approved master development plan or subdivisions in business and industrial zoning districts
that were approved prior to the adoption of this chapter. Underground utilities shall be
required in new industrial parks, office parks and shopping centers, as defined by Chapter 165,
Zoning, of the Frederick County Code. Undergreund utilities shall be Fequired
subdivisions zoned BI (Neighberhood Business).
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Chapter 165 — Zoning
Board of Supervisors Waivers — Modifications
§ 165-202.04 Streets; Inter -parcel connectors.
All residential subdivisions of more than 10 lots in the RP, R-4, R-5, and MS (with residential uses) Zoning
Districts shall have streets connecting to adjoining parcels. If adjoining parcels are developed or have
had a subdivision plat approved, the connecting street shall coordinate with the existing or platted
streets in the adjoining parcel. If an adjoining parcel is undeveloped, the location of the connecting
street shall be as shown on the Master Development Plan (MDP) approved by the Board of Supervisors.
This requirement for inter -parcel connector streets may be waived by the Board of Supervisors upon
approval of the Master Development Plan (MDP) if the Board finds: i) that a connector street to an
adjoining parcel is not likely to be needed; ii) that the connector street would be required to be placed
in a location which is impractical for location of a street; iii) that an adjoining undeveloped parcel is not
likely to be developed in a manner to make a connector street necessary or appropriate; or iv) other
good cause shown by the applicant not contrary to good planning policy. All inter -parcel connectors,
public or private, shall be built to the Virginia Department of Transportation engineering standards.
§ 165-203.02 Buffer and screening requirements.
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.
D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain
different zoning districts.
(1) Buffers shall be provided on the land to be developed according to the categories in the following
tables:
(3) Whenever land is to be developed in the B-1 (Neighborhood, Business) or B-2 (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 § 165-203.02D(1)(a) may be reduced, provided the full
screening requirements of this section are met.
§ 165-204.19 Telecommunication facilities, commercial.
The intent of this section is to ensure that the siting of commercial telecommunication facilities occurs
through the conditional use permit public hearing process defined in Article I, Part 103 of this chapter.
Commercial telecommunication facilities that locate on existing structures and towers shall be exempt
from the conditional use permit requirement. The siting of commercial telecommunication facilities is
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permitted within the zoning districts specified in this chapter, provided that residential properties, land
use patterns, scenic areas and properties of significant historic value are not negatively impacted.
B. The following standards shall apply to any property in which a commercial telecommunication facility
is sited, in order to promote orderly development and mitigate the negative impacts to adjoining
properties:
(2) Monopole -type construction shall be required for new commercial telecommunication towers.
The Board of Supervisors may allow lattice -type construction for new telecommunication
towers when existing or planned residential areas will not be impacted and when the site is not
adjacent to identified historical resources.
§ 165-204.24. Tractor Truck and Tractor Truck Trailer Parking.
Tractor truck and/or tractor truck trailer parking facilities in the B3 (Industrial Transition), M1 (Light
Industrial) and M2 (Industrial General) Zoning Districts permitted as a primary use with a conditional use
permit shall meet the following conditions:
(6) Facilities shall be required to landscape the yard area within the front setback to provide for a
double row of evergreen trees (minimum of two different species). The on -center distance
between each tree in the staggered double row shall not exceed the widest width of the
selected evergreen trees. At no point shall the offset between each evergreen tree planted in
the staggered double row be less than 90 degrees. The side and rear yards shall be planted with
a single row of evergreen trees that are planted a maximum of 40 feet on center. All trees shall
be a minimum of six feet in height at the time of planting. The Board of Supervisors may allow
for alternative landscaping based on topography and/or adjacent land uses.
§ 165-204.25. Flea Markets.
Flea Markets where allowed in the RA (Rural Areas) Zoning District shall meet the following
requirements.
(6) All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require
through the Conditional Use Permit process that all travel aisles and/or parking spaces be
paved with a minimum double prime and seal or alternative dust free surface.
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401— RA Rural Areas District
§ 165-401.06 Permitted lot sizes.
C. Rural preservation lots.
(3) Board of Supervisors waiver of division restriction.
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(a) The designated Rural Preservation Tract may be released from the restrictions of Subsection
D(1) after a period of 10 years from its creation through the rezoning process.
(b) The rezoning shall be consistent with the goals of the Frederick County Comprehensive Policy
Plan in effect at the time of the rezoning application.
(c) The designated Rural Preservation Tract which is within the Urban Development Area (UDA)
at the time of its creation, or is included within the UDA as a result of a future expansion of
the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten-year
restriction on rezoning
§ 165-401.07 Setback requirements.
§ 165-401.07 Setback requirements.
The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District.
A. Setbacks for all lots other than rural preservation lots shall be as set out below.
(1) Front setbacks. The front setback for any principal or accessory use or structure located on a
traditional five -acre lot shall be 60 feet from the property line or right-of-way of the street, road
or ingress/egress easement.
(2) Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall
be determined by the primary use of the adjoining parcel as follows:
Adjoining Parcel Size
Setback (Side and
Rear) (feet)
6 acres or less
50
More than 6 acres
100
Orchard
200
Agricultural and Forestral
District
200
B. Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other
rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot
lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165-
401.07A(2) of this chapter.
(1) Front setback. The front setback for any principal or accessory use or structure shall be 60 feet
from the right-of-way of any existing state -maintained road and 45 feet from the right-of-way of
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any existing private ingress/egress easement or state -maintained road constructed to serve the
subdivision.
(2) Side setback. No principal use or structure shall be located closer than 15 feet from any side lot
line.
(3) Rear setback. No principal use or structure shall be located closer than 40 feet from any rear lot
line.
C. Board waiver. The Board may allow the above -referenced setbacks to be reduced if the constraints of
the setbacks create an undue hardship on existing parcels of record. Such requests and justification
to reduce the setbacks shall be presented to the Planning Commission for a recommendation that is
forwarded to the Board of Supervisors.
Part 402 — RP Residential Performance District
§ 165-402.07 Open space requirements.
D. The minimum required open space percentages provided in § 165-402.07A of this chapter may be
reduced for residential developments which provide for active recreational areas and amenities,
upon the granting of an open space waiver issued by the Board of Supervisors. In no case shall the
required open space (per § 165-402.07A) be reduced more than 50% for single-family detached
housing types (excluding single family small lot), and no more than 25% for all other residential
housing types and mixtures. Active recreational areas and amenities shall be incorporated within the
development's common open space and be for the use of and maintained by the subject
development's property owner's association. The active recreational area and amenity value shall be
equivalent to the value of four recreational units for each 30 dwelling units. The active recreational
area and amenity value and design shall be approved by the Subdivision Administrator in conjunction
with the Director of Parks and Recreation. These open space active recreational areas and amenities
shall be in addition to the recreational facilities identified in § 165-402.08. The gross density
requirements as required in §§ 165-402.05 and 165-402.06 shall not be exceeded through the
reduction of common open space. Requests for an open space reduction waiver would be considered
by the Board of Supervisors during the master development plan process. Acceptance of the reduced
open space request will be based on the quality of the open space and the recreational amenities
provided.
§ 165-402.08 Recreation facilities.
A. Housing types with lot sizes of less than 5,000 square feet shall provide the following recreational
units or equivalent recreational facilities, for each 30 dwelling units. All such developments shall
contain at least one such recreational unit. In addition, developments containing single-family small
lot housing shall provide a community center that provides for the equivalent of three age-
appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and
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location that is easily accessible to the dwelling units that they are designed to serve. The design and
amount of facilities shall be approved by the Planning Commission, in conjunction with the
Administrator and the Department of Parks and Recreation, using the following recreational unit as a
guideline. The design of such facilities shall be approved at the time of site plan review.
(1) The Board of Supervisors may provide a waiver for the community center requirement specified
in § 165-402.08A in single-family small lot subdivisions that contain less than 25 lots. This waiver
may be requested by the applicant during the consideration of the subdivision design plan if no
master development plan is required. The applicant is required to demonstrate how an
equivalent recreational value of three recreational units for each 30 dwelling units, prorated, is
being provided within the project, to the County, or a combination of both as a condition of
requesting approval of a waiver by the Board of Supervisors.
§ 165-402.09 Dimensional requirements.
Q. Age -restricted multifamily housing. "Age -restricted multifamily housing" is 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 and guests.
(8) Maximum building height shall be as follows:
(a) The maximum structure height for any principal building shall be 40 feet. The Board of
Supervisors may waive the forty -foot height limitation, provided that it will not negatively
impact adjacent residential uses. In no case shall any principal building exceed 60 feet in
height.
ARTICLE V
PLANNED DEVELOPMENT DISTRICTS
Part 501— R4 Residential Planned Community District
§ 165-501.06 Design requirements.
Road access. All planned community developments shall have direct access to an arterial or collector
road or to roads improved to arterial or collector standards. The planned community development
shall be provided with a complete system of public streets dedicated to the Virginia Department of
Transportation. All roads in the development shall be provided with curbing and gutters. The Board e#
SuperosoTZoning Administrator may approve certain exceptions to the requirement for curbs and
gutters, r by the D1,^^i^g C^"""i«i^^ if determined to be acceptable by the Director of
Public Works, in order to implement a particular stormwater management plan. The road system shall
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conform with the Frederick County Comprehensive Plan and with road improvement plans adopted by
the County.
Part 502 — R5 Residential Recreational Community District
§ 165-502.05 Design requirements.
R. Environmental protection. Upon recommendation of the Planning Commission, the Board of
Supervisors may allow waivers of, or variations to, the environmental requirements of § 165-201.08
of this chapter in residential recreational communities. Such waivers shall be shown on the master
development plan. In such cases, the environmental features and their function shall be preserved
to the greatest extent possible.
Part 504 — MS Medical Support District
§ 165-504.04 Access regulations.
F. All permitted land uses shall be designed to provide for internal traffic circulation and interparcel
connectors to adjoining land uses to provide for access between uses without entering onto urban
collector streets. The I39aFa of Super ^s^rsZoning Administrator may grant a waiver to this
requirement if topographic constraints or land use conflicts prevent interparcel connectivity or make
it undesirable.
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 609 — HE Higher Education District
§ 165-609.05 Height limitation.
The maximum structure height shall be 45 feet. The Board of Supervisors may waive the 45 foot height
limitation provided that it will not negatively impact adjacent residential uses. In considering the height
waiver, the Board of Supervisors may require architectural renderings that demonstrate potential
impacts on adjacent residential uses. In no case shall any structure exceed 75 feet in height.
ARTICLE VII
OVERLAY DISTRICTS
Part 705 — TNDB Traditional Neighborhood Design -Business Overlay District
§ 165-705.04 Use, density, dimensional and intensity regulations.
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D. A waiver from the maximum front yard setback on collector or minor streets may be granted by the
Board of Supervisors at the time of rezoning to enable areas open to the public such as pocket parks
and outdoor seating.
§ 165-705.06 Design standards.
G. Buffers and screening. Buffers and screening shall be provided on each lot or parcel on which any use
is established according to the requirements of this section.
(1) Buffers and screening requirements shall be provided as required in § 165-203.02 of this chapter
for the underlying zoning district. Any residential dwelling units shall be treated as commercial
floor space solely for the purpose of buffers and screening requirements. Zoning district buffers
shall not be required along any existing road rights-of-way which border the development. 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, the
distance requirements of § 165-203.02 may be reduced, provided the full screening
requirements of the section are met.
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Chapter 144 —Subdivision of Land
Board of Supervisors Waivers — Modifications
ARTICLE III
General Provisions
§ 144.4. Subdivision Administrator [Amended 5-22-19961
A Subdivision Administrator shall be appointed by the Board of Supervisors and entrusted to enact,
administer and enforce the requirements of this chapter. The Subdivision Administrator shall have the
powers and duties specified in this chapter as authorized by the Board of Supervisors. The Subdivision
Administrator is authorized to administratively approve or disapprove all divisions of land in the RA
Rural Areas District and all divisions of land in all other zoning districts that are within an approved
master development plan. The Subdivision Administrator shall have the authority to forward any
division of land, subdivision design plan or final plat to the Planning Commission e Board of Supervisors
for final approval.
§ 144.5. Interpretations and appeals.
The Subdivision Administrator shall have the authority to make interpretations concerning the
application of the requirements of this chapter. Any person aggrieved by an interpretation made by the
Subdivision Administrator may appeal that interpretation to the Board of Supervisors, with a
recommendation from the Planning Commission. Variations to or exceptions to the provisions of this
chapter may be granted by the Board of Supervisors in cases of unusual situations or when strict
adherence to the general regulations would result in substantial injustice or hardship.
ARTICLE V
Design Standards
§ 144.17. Streets.
B. Street layout. The layout, width, grade, design and location of all streets shall conform to the
approved final master development plan, the standards contained in the Frederick County
Comprehensive Plan, Virginia Department of Transportation requirements and the following
regulations:
(2.) Provisions shall be made for the continuation of planned, existing or platted streets on
adjoining parcels. The design of such streets shall be coordinated in terms of location,
width, grades and drainage. Such continuations shall be made to provide access to
adjoining parcels, to provide for streets identified in the Comprehensive Plan and to
provide for safe and adequate traffic patterns and access. Such continuations may not
be appropriate where they provide for access between substantially different uses or
where they will result in adverse traffic impacts on existing neighborhoods or existing
traffic patterns and access. Where no lots front on the road, the Beard of c„^ ; -
Zoning Administrator may require the design and grading of the right-of-way to
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conform to the Virginia Department of Transportation standards with a minimum of
temporary or permanent seeding.
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.
(1) Multiple -frontage lots. Corner lots with public street frontage on two adjacent sides
shall be allowed. Double -frontage lots with public street frontage on two streets that
do not intersect at the lot shall be avoided, except where required to prevent direct
access to collector or arterial streets. Lots with public street frontage on more than two
sides shall be avoided.
(2) Multifamily and single-family small lot housing, single-family attached housing and
multifamily housing. [Amended 10-27-1999; 12-10-20081
(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.
[8]
Age -restricted multifamily housing.
(b) When such lots do not abut public streets, they shall abut private roads, parking
lots or access easements. The length and extent of private roads, driveways and
parking aisles providing access to lots shall be minimized, and public streets
shall be provided in larger subdivisions when substantial distances are involved.
Individual lots shall be no more than 1,000 feet from a state -maintained road, as
measured from the public street along the private access road. The Board of
Supervisors may allow lots to be located as much as 1,200 feet from a state -
maintained road in cases where enhanced circulation is provided with a
driveway loop.
(c) The Board of Supervisors may provide a waiver to the public street requirement
specified in § 144-24C to allow for a complete system of private streets within
proffered age -restricted communities. This waiver may be requested by the
applicant during the consideration of a rezoning application or during
consideration of the master development plan. The applicant is required to
provide a conceptual design which demonstrates the proposed private street
system layout and provides both the cross section (horizontal and vertical)
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section dimensional base and pavement detail that meets or exceeds VDOT
standards as a condition of requesting approval of a waiver by the Board of
Supervisors. [Aaded 3-22-20061
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Chapter 165 — Zoning
Zoning and Subdivision Administrator Waivers — Modifications
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 201— Supplementary Use Regulations
§ 165-201.02 Setback requirements.
C. Exceptions to front yard setbacks. Where the average front yard setback distance for adjacent lots is
less than the minimum required front yard, the Zoning Administrator may allow a front yard setback
distance less than normally required on the lot to be developed. In such cases, the front setback
distance for the lot to be developed shall be the average of the minimum front setback distances on
developed lots on the same street or road within 200 feet of the lot to be developed.
F. Extensions into setback yards. The following features may extend into setback yards as described:
(8) Handicap -accessible ramps. An unroofed handicap -accessible ramp shall be permitted to
encroach into a required yard when there are no other reasonable alternatives for the location
of such ramp on the property or other means of ingress/egress into or from the residence as
determined by the Frederick County Zoning Administrator.
§ 165-201.06 Signs.
F. Minimum spacing between freestanding signs. The minimum distance separating freestanding signs
shall be 100 feet. The Zoning Administrator may allow two signs to be separated by less than 100 feet
in order to allow the signs to share an appropriate location. In such cases, the two signs shall be
separated from other signs by a distance of 100 feet plus the distance by which the separation
between the two signs was reduced from the required 100 feet.
§ 165-201.07 Outdoor Lighting.
A. General Outdoor Lighting Standards.
1. All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained
to shield adjacent properties and to not produce glare onto adjacent properties or road
right-of-ways. Parking lot fixtures and light fixtures on buildings shall be full cut-off
fixtures. Within residential developments the Zoning Administrator may approve
alternate parking lot fixtures so long as the intent of this ordinance is met.
3. Light fixtures, including mounting base, shall not be more than twenty-five (25) feet in
height above finished grade. On land in the M1 (Light Industrial), M2 (Industrial
General) and EM (Extractive Manufacturing) Zoning Districts that is contained within an
approved master development plan, the Zoning Administrator may allow light fixtures
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to exceed 25 feet in height if additional security is required, provided that the site is not
adjacent to property used for residential or agricultural uses. In no case shall light
fixtures in the M1, M2 and EM Districts exceed 45 feet in height.
4. Light fixtures shall be placed outside of the paved areas of a site. Lighting fixtures shall
be placed within landscaped islands or in the perimeter green space of the site. The
Zoning Administrator may allow light fixtures to be placed in alternative locations for
uses such as motor vehicle display areas or storage areas so long as the intent of this
ordinance is met.
§ 165-201.08 Protection of environmental features.
B. All developments which require a master development plan, subdivision design plan, site plan, or
preliminary sketch plan shall preserve the following environmental features as described:
(6) Steep slopes. No more than 25% of steep slopes, as defined, shall be disturbed or regraded. The
Zoning Administrator may allow the disturbance of additional small areas where that
disturbance will alleviate potential health or safety problems and will not significantly denigrate
the overall environmental quality of the site. The Planning Commission may allow the
disturbance of larger areas of steep slopes.
Part 202 — Off -Street Parking, Loading and Access
§ 165-202.01 Off-street parking; parking lots.
Off-street parking shall be provided on every lot or parcel on which any use is established according to
the requirements of this section. This section is intended to ensure that parking is provided on the lots
to be developed and to ensure that excess parking in public street rights-of-way does not interfere with
traffic.
A. Required parking spaces.
(4) Procedure for Adjustments to Parking Requirements.
b) Parking for Mixed Uses and Loading Facilities. In the case of mixed uses (not
qualifying as accessory) or two or more buildings upon a single lot or unified parcel
or upon contiguous parcels, the total requirements for parking and loading facilities
shall be the sum of the requirements of the various uses computed separately.
However, cumulative parking requirements for mixed-use occupancies may be
reduced where the Zoning Administrator determines that the peak requirement of
the several occupancies occurs at different times (either daily or seasonally), and
the parking demand can be provided on the premises.
c) Captive Market. Parking requirements for retail and restaurant uses may be
reduced where the Zoning Administrator determines that some portion of the
patronage of these businesses comes from other uses (i.e., employees of area
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offices patronizing restaurants) located within the same building or a maximum
walking distance of 400 feet.
§ 165-202.01 Off-street parking; parking lots.
D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in
the business or industrial zoning district or required for any institutional, commercial or
industrial use in any zoning district shall meet the following requirements:
(1) Surface materials. In the RP Residential Performance District, the R4 Residential Planned
Community District, the RS Residential Recreational Community District, the MH1 Mobile
Home Community District, the B1 Neighborhood Business District, the B2 Business General
District, the B3 Industrial Transition District, the OM Office -Manufacturing Park District, the
M1 Light Industrial District, the M2 Industrial General District MS Medical Support District,
RA (Rural Areas) District and the HE (Higher Education) District, parking lots shall be paved
with concrete, bituminous concrete or similar materials_ Such surface materials shall
provide a durable, dust and gravel -free, hard surface.
a. The Zoning Administrator may allow for the use of other hard -surface materials for
parcels located outside of the Sewer and Water Service Area if the site plan
provides for effective stormwater management and efficient maintenance. In such
cases, parking lots shall be paved with a minimum of double prime -and -seal
treatment or an equivalent surface.
b. In the RA (Rural Areas) District parking lots with (10) or fewer spaces shall be
permitted to utilize gravel surfaces.
c. Reinforced grass systems, permeable paving systems, or other suitable materials
may be used for overflow parking areas, low volume access ways in all Zoning
Districts and for agricultural uses in the RA (Rural Areas) District. Parking areas
utilizing these materials shall have defined travel aisles and designated parking
bays. These materials shall only be utilized with approval of the Frederick County
Zoning Administrator and the Director of Public Works.
(2) Space demarcation. For single-family attached and multi -family developments, required
off-street parking spaces shall be demarcated by four -inch durable white lines painted on
the pavement or curb. Any other proposed color and size will require approval of the
Zoning Administrator. Full delineation by four inch wide lines painted on the pavement the
full width of or length of the parking stall or parking spaces shall be required in commercial,
office and industrial developments. Where paved parking areas are not required,
delineation of parking spaces shall be by the use of individual wheel stops or other
acceptable means for each unpaved parking space. Signs and pavement markings shall be
utilized, as necessary, to ensure safe traffic movement and pedestrian access and to
designate handicapped parking spaces.
(3) Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter
of all parking lots. When stormwater drains away from the curb, gutter pans shall not
be required for parking areas that abut buildings when sidewalks with turndown curbing
are used. All curbing shall be a minimum of six inches in height. All parking lots shall be
included within an approved stormwater management plan.
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a. In the B3 Industrial Transition District, the OM Office -Manufacturing Park
District, the M1 Light Industrial District and the M2 Industrial General District
the use of header curb shall be permitted in areas where the use of gutters is
not necessary for stormwater management purposes.
b. The Zoning Administrator may allow for the use of concrete bumpers instead of
curbing for parcels located outside of the Sewer and Water Service Area if the
site plan provides for effective stormwater management and efficient
maintenance.
c. The Zoning Administrator may allow for the elimination of curb and gutter for
parcels located inside of the Sewer and Service Area when necessary to
implement low impact development design. This shall only be permitted where
practices such as bio -retention, infiltration trenches, and rain gardens are used
and only where it can be demonstrated that soil conditions are favorable, or if
an adequate under -drain is included in the design and only when approved by
the Director of Public Works.
(4) Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an
aisle or driveway in the RP Residential Performance District, the R4 Residential Planned
Community District, the R5 Residential Recreational Community District, the MH1 Mobile
Home Community District, the 131 Neighborhood Business District, the B2 Business General
District, the B3 Industrial Transition District, the OM Office -Manufacturing Park District, the
M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support
District, and the HE (Higher Education) District. The raised islands shall be bordered by a six
inch concrete or rolled asphalt curb. All islands shall be at least nine feet wide and shall
extend the length of the parking space or bay. The islands shall be landscaped with grass,
shrubs, or other vegetative materials.
a. The Zoning Administrator may waive the requirement for raised islands for parcels
located outside of the Sewer and Water Service Area when curb and gutter is not
proposed.
b. The Zoning Administrator may approve modifications to the landscaped islands for
parcels located inside of the Sewer and Service Area when necessary to implement
low impact development design and where approved by the Director of Public
Works.
(10)The Zoning Administrator may approve alternative parking space size, space demarcation,
aisle dimensions and parking islands for areas used for the display or storage of vehicles for
sale by a vehicle dealer. Upon a change of use for the property or site, the spaces,
demarcation, aisles and islands must be revised to conform to this ordinance.
(12)Drive-in lanes. Drive-in lanes shall be required for all drive-in or pickup facilities. Drive-in
lanes shall be designed to provide for a minimum width of nine feet and a minimum stacking
distance of 90 feet. Canopy supports and raised concrete pads designed to support
pneumatic tubes, automatic teller machines and other structures shall not be located within
the area required for minimum drive-in lane widths. All drive-in lanes shall be clearly
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separated from parking spaces, travel aisles, maneuvering areas and driveways. The Zoning
Administrator may reduce the minimum stacking distance of drive-in lanes for retail uses
with less than 150 square feet of floor area if it can be demonstrated that the vehicular
frequency for the use does not warrant multiple vehicle stackine.
(13) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential
Planned Community District, the R5 Residential Recreational Community District, the
MH1 Mobile Home Community District, the 131 Neighborhood Business District, the B2
Business General District, the B3 Industrial Transition District, the OM Office -
Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General
District, the MS Medical Support District, and the HE (Higher Education) District shall be
landscaped to reduce the visual impact of glare and headlights on adjoining properties
and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. In
the RA (Rural Areas) District, parking lot landscaping shall not be required for parking
lots with 10 or fewer spaces. Landscaping shall also be provided to reduce the visual
expansiveness of parking lots. Landscaping shall be provided in such parking lots as
follows:
b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall
be landscaped for the purpose of providing shade trees. Such interior landscaping
shall be provided on raised islands and in continuous raised strips extending the
length of a parking bay. Within the parking lot, raised islands and landscaped areas
should be uses to delineate traffic and pedestrian circulation patterns. No less than
one shade tree shall be provided in the interior of the parking lot for each 10
parking spaces. The Zoning Administrator may waive the requirement for interior
landscaping for parcels located outside of the Sewer and Water Service Area when
curb and gutter is not proposed. The Zoning Administrator may approve alternative
locations for interior landscaping for parking lots used for truck parking, as well as
other parking lots, when it would improve the overall quality of the landscape plan.
All interior landscaping shall comply with the requirements of § 165-203.01B, Plant
selection, planting procedure and maintenance.
§ 165-202.02 Loading areas.
B. Design standards.
(4) Surface materials and curb and gutter. Loading areas shall meet the surface material and curb
and gutter requirements for one of the following categories:
(d) Stormwater management plan and erosion control plan requirements. The Zoning
Administrator may require curb and gutter and different surface materials for loading areas
when necessary to implement a stormwater management plan or an erosion control plan.
§ 165-202.03 Motor vehicle access.
A. New driveways.
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(7) Spacing exceptions. New driveways with entrances on arterial or primary highways which do not
meet the above spacing requirements shall be allowed only when access meeting the spacing
requirements cannot be provided from the arterial highway to the individual property by using
one of the following methods:
(b) Shared access. When a lot is created on a collector road or arterial highway, shared means
of access to the road or highway shall be created by access easement, shared driveway or
other means to ensure that the spacing requirements have been met.
[1] When a lot is divided or developed that can be provided with a driveway meeting the
spacing requirements but that is adjacent to other parcels or lots that will not be able to
have entrances meeting the spacing requirements, means of highway access to the
adjoining property may be required by the Zoning Administrator eF PlaR ;;ng
cemmoson the lot to be divided or developed.
(14) Private roads providing lot access to multifamily and single-family small lot housing, as
permitted in §144-24 of the Subdivision Ordinance, shall be a minimum of 20 feet in width. The
pavement design for the private roads shall include eight inches of aggregate base material,
Type I, Size No. 21-13, and shall be paved with a 165 No. psy asphalt concrete, Type SM -2A,
surface treatment. In addition, curb and gutters, standard curb CG -6, CG -7 or roll-top curb and
sidewalks shall be provided along private roads; however, the Zoning Administrator may
approve a waiver of sidewalks on private streets, provided that another recreational amenity is
substituted for the sidewalk. Additionally, the Zoning Administrator may waive the requirement
for curb and gutters and allow alternate pavement design to accommodate low impact design
provided that the private road design is determined to be acceptable by the Director of Public
Works.
Part 203 — Buffers and Landscaping
§ 165-203.01 Landscaping requirements.
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 or site plan shall provide at least one of the three types of landscaping
identified below.
(1) Street tree landscaping. Street tree landscaping shall require one street tree for every 40 feet of
street frontage in a residential development, with the exception of 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
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with the requirements of § 165-203.018, with the exception that street trees must be at least
two -and -one -half-inch caliper at the time of planting.
(2) Ornamental landscaping.
(b) Ornamental trees and shrubs shall comply with the requirements of § 165-203.018. The
Zoning Administrator may allow some of the required ornamental trees and ornamental
shrubs to be planted in areas of common open space so long as the intent of this section is
met.
B. Plant selection, planting procedure, and maintenance.
(3) Maintenance. The owner, developer, and/or builder who is responsible for planting required
landscaping shall be responsible for maintaining it in a state of good health for one year after
planting. After one year, from the date occupancy is approved, the individual property owner
and/or homeowner's association shall become responsible for maintenance. As long as the intent
of this section is met, the Zoning Administrator may waive the requirement for landscaping on
individual building lots when a hazard or nuisance exists.
D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain
different zoning districts.
(6) The 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) if in 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. The buffer may also be
modified to maintain highway sight distances.
Part 204 —Additional Regulations for Specific Uses
§ 165-204.26. Public Utilities.
A. Public Utilities. Lot requirements for lots used by political subdivisions, municipal corporations,
the Virginia Department of Transportation, the Frederick -Winchester Service Authority, or the
Frederick County Sanitation Authority for public utility purposes shall be as follows:
(1) In all zoning districts, the Zoning Administrator shall have the authority to determine the
minimum lot size necessary for such public utilities and the appropriate setbacks for such
lots used for public utility purposes,
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ARTICLE V
PLANNED DEVELOPMENT DISTRICTS
Part 502 — R5 Residential Recreational Community District
§ 165-502.05 Design requirements.
B. Dimensional requirements.
(3) Existing lots. The Zoning Administrator may allow reduced yard setbacks on existing lots of
record, by a distance of up to 25% of the required setback, where topography or other
environmental constraints create a hardship. To be considered a hardship, all conditions specified
in § 165-1001.02C(5) of the Frederick County Zoning Ordinance must be met.
ARTICLE VI
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
Part 608 — EM Extractive Manufacturing District
§ 165-608.04 Landscaping.
Appropriate landscaping or screening may be required by the Zoning Administrator er°� Planmmng
Commos7;eR within any required yard setback area in order to reasonably protect adjacent uses from
noise, sight, dust or other adverse impacts.
ARTICLE VII
OVERLAY DISTRICTS
Part 705 — TNDB Traditional Neighborhood Design -Business Overlay District
§ 165-705.05 Off-street parking; parking lots.
Off-street parking shall be provided on each lot or parcel on which any use is established according to
the requirements of this section.
A. Required parking spaces.
(3) Required parking spaces for commercial uses shall be in accordance with § 165-202.01 of this
chapter. The Zoning Administrator may allow some variation in the standards for required
parking for the commercial uses based on detailed parking demand studies provided by the
applicant.
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Zoning/Subdivision Administrator Waivers
ARTICLE IX
NONCONFORMING USES, STRUCTURES AND SIGNS
§ 165-901.04 Expansions and modifications.
C. All legally nonconforming uses and structures not specified in § 165-901.04A or § 165-901.048 may
expand or modify one time if the expansion or modification does not increase the degree of
nonconformity, and does not result in an overall expansion of more than 2,000 square feet or 50%.
Measurements shall be based on gross floor area for structures and total land area for uses. Legally
nonconforming residential structures may expand beyond .2,000 square feet or 50% if the expansion
or modification does not increase the degree of nonconformity. The Ze^i^^ ^dmiRi5tFate- Board o
Supervisors may allow the expansion of legally nonconforming structures and the construction of
new structures with the same setback of the existing legally nonconforming structure, provided that
all other conditions of the Frederick County Zoning Ordinance are met.
Chapter 144 — Subdivision of Land
Zoning and Subdivision Administrator Waivers — Modifications
§ 144.18. Sidewalks and pedestrian walkways.
C. All sidewalks and walkways shall be a minimum of five feet wide. Sidewalks shall conform to
VDOT standards. Alternative designs and construction materials for sidewalks and walkways
may be approved by the Subdivision Administrator to accommodate low impact design. These
alternative designs and materials shall only be permitted when acceptable to the Subdivision
Administrator and when approved by the Director of Public Works and the Building Official.
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