DRRC 02-27-14 Meeting Agenda
Item #1: Landscaping Requirements – Business Friendly Recommendations
In October of 2012 the Board of Supervisors formed the Frederick County Business Climate
Assessment Committee (also called the Business Friendly Committee) to evaluate the current
processes and procedures being utilized by the County. The purpose of the effort was to search
for ways that the County could better meet the needs of new and existing businesses in the
community. The Committee’s final report was adopted by the Board of Supervisors in July of
2013.
One recommendation contained in the report was to review the landscaping requirements
contained in the Zoning Ordinance. The DRRC reviewed the suggested changes at the October
2013 and January 2014 meetings. One of the recommendations was to relocate the parking lot
landscaping requirements into the primary landscaping section and the DRRC agreed with this
suggestion. The attachment shows the changes recommended by the DRRC at the January
meeting.
Staff is requesting a recommendation from the DRRC on this proposed ordinance amendment.
This recommendation will be forwarded to the Planning Commission and Board of Supervisors.
Attachments: 1. Revised ordinance with additions shown in bold italics and deletions are
shown with a strikethrough.
Chapter 165 – Landscaping Sections
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Part 202 – Off-Street Parking, Loading and Access
§ 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:
(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 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, 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:
a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped
with shade trees and other landscaping. One tree shall be provided for every 2,000
square feet of impervious area for the first 100,000 square feet of the entire site.
One tree shall be provided for every 5,000 square feet in excess of the first 100,000
square feet of the entire site. Self-service storage facilities shall provide one tree
per 10,000 square feet of impervious area of the entire site, in addition to the trees
required in § 165-204.18, Storage facilities. The perimeter landscaping trees shall
be reasonably dispersed throughout the parking lot. A three-foot-high evergreen
hedge, fence, berm or wall shall be provided to prevent headlights from shining on
public rights-of-ways and adjoining properties. All perimeter landscaping shall
comply with the requirements of §165-203.01B, Plant selection, planting procedure
and maintenance.
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.
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All interior landscaping shall comply with the requirements of § 165-203.01B, Plant
selection, planting procedure and maintenance.
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 Frederick County by providing minimum landscaping standards and encouraging tree
preservation for developments. The provisions of this section shall apply to all site plan and subdivision
design plan applications, including the revision or expansion of any site or development.
A. Residential Developments and Parking Lots in all Zoning Districts.
(1) 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.
(a) 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
with the requirements of § 165-203.01B C, with the exception that street trees must be at least
two-and-one-half-inch caliper at the time of planting.
(b) Ornamental landscaping.
(i) Ornamental landscaping shall be provided for residential developments based on the
following index and matrix:
Index of Lot Types
Lot Type Description
A Single-Family Detached Rural Traditional
B Single-Family Detached Traditional
C Single-Family Detached Urban
D Single-Family Detached Cluster
E Single-Family Detached Zero Lot Line
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(ii) Ornamental trees and shrubs shall comply with the requirements of § 165-203.01B. 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.
(c) Tree preservation landscaping. An area with a tree canopy coverage, of at least 25% of the entire
site area, shall be preserved within dedicated open space. In no case shall individual building lots
be located within the open space. Canopy coverage shall be calculated from the cumulative total
of existing tree canopies. Preserved trees shall be clustered together to maintain a contiguous
canopy; and shall be protected from construction activity. These areas of open space may be
counted towards the total required open space, as specified in § 165-402.07. Residential
developments which are not required to have open space by § 165-402.07 are not exempt from
creating open space for the required canopy coverage. The calculation of tree canopy shall be
based on either the individual tree standards of the "Manual of Woody Landscape Plants,"
F Single-Family Small Lot
G Multiplex
H Townhouse, Back-to-Back Townhouse
I Garden Apartment, Multifamily Residential Buildings
Age Restricted Multifamily Housing
Required Landscaping Per Dwelling Unit
Lot Type Ornamental Shrubs Ornamental Trees
A None 10 per 1 unit
B 10 per 1 unit 5 per 1 unit
C 10 per 1 unit 5 per 1 unit
D 10 per 1 unit 5 per 1 unit
E 10 per 1 unit 5 per 1 unit
F 15 per 1 unit 5 per 1 unit
G 3 per 3 units* 1 per 3 units*
H 6 per 5 units* 2 per 5 units*
I 3 per 2 units* 1 per 2 units*
Note: *Required ornamental trees and shrubs are in addition to all trees and
shrubs elsewhere required in the Zoning Ordinance.
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written by Michael A. Dirr, or through a comprehensive analysis of existing tree drip lines,
conducted by a Virginia certified engineer, land surveyor, or landscape architect.
(2) 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:
(a) 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 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, 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:
(i) Perimeter landscaping. The perimeter of all impervious areas shall be
landscaped with shade trees and other landscaping. One tree shall be provided
for every 2,000 square feet of impervious area for the first 100,000 square feet of
the entire site. One tree shall be provided for every 5,000 square feet in excess
of the first 100,000 square feet of the entire site. Self-service storage facilities
shall provide one tree per 10,000 square feet of impervious area of the entire
site, in addition to the trees required in § 165-204.18, Storage facilities. The
perimeter landscaping trees shall be reasonably dispersed throughout the
parking lot. A three-foot-high evergreen hedge, fence, berm or wall shall be
provided to prevent headlights from shining on public rights-of-ways and
adjoining properties. All perimeter landscaping shall comply with the
requirements of §165-203.01B, Plant selection, planting procedure and
maintenance.
(ii) 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
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parking lots used for truck parking, as well as other parking lots, when it would
improve the overall quality of the landscape plan.
B. Plant selection, planting procedure, and maintenance.
(1) Plant selection. Based on the type of landscaping, required trees and shrubs shall be selected
from the table of acceptable trees and shrubs shown below.
Types of Landscaping
Street tree landscaping (street) Ornamental landscaping (ornamental) Tree preservation landscaping
(canopy) Interior and perimeter landscaping (shade), Buffer screening and parking lot screening (screen),
Deciduous buffer element (street, canopy, shade), buffer shrub element (shrub or screen)
Acceptable Trees and Shrubs
Common Name Scientific Name
Types of Landscaping
Permitted
Amur Maple Acer ginnala Street, shade, canopy,
ornamental
European Hornbeam Carpinus betulus Street, shade, canopy,
ornamental
Hop Hornbeam Ostrya virginiana Street, shade, canopy,
ornamental
Katsura Tree Cercidiphyllum japonicum Street, shade, canopy,
ornamental
Ginkgo (male) Ginkgo biloba Street, shade, canopy,
ornamental
Thornless Honey Locust Gleditsia triacanthos inermis Street, shade, canopy,
ornamental
Golden-Rain Tree Koelreuteria paniculata Street, shade, canopy,
ornamental
Flowering Crabapple Malus (disease resistant varieties) Street, shade, canopy,
ornamental
Chinese Pistache Pistacia chinensis Street, shade, canopy,
ornamental
Linden Tilia (all varities) Street, shade, canopy,
ornamental
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Lacebark Elm Ulmus parvifolia Street, shade, canopy,
ornamental
Japanese Zelkova Zelkova serrata Street, shade, canopy,
ornamental
Red Oak Quercus rubra Street, shade, canopy,
ornamental
White Oak Quercus alba Street, shade, canopy,
ornamental
Scarlet Oak Quercus coccinea Street, shade, canopy,
ornamental
Sawtooth Oak Quercus acutissima Street, shade, canopy,
ornamental
Kentucky Coffeetree Gymnocladus diocus Street, shade, canopy,
ornamental
Dawn Redwood Metasequoia glyptostroboides Street, shade, canopy
Swamp Chestnut Oak Quercus michauxii Street, shade, canopy
Willow Oak Quercus phellos Shade, canopy, ornamental
Bald Cypress Taxodium distichum Street, shade, canopy
Red Maple Acer rubrum Shade, canopy, ornamental
Freeman Maple Acer freemanii Shade, canopy, ornamental
Sugar Maple Acer saccharum Shade, canopy, ornamental
Paperbark Maple Acer griseum Shade, canopy, ornamental
American Sycamore Platanus occidentallis Shade, canopy, ornamental
London Plane Tree Platanus acerifolia Shade, canopy, ornamental
Sweetgum Liquidambar styraciflua Shade, canopy, ornamental
Copper Beech Fagus sylvatica 'Riversii' Shade, canopy, ornamental
Weeping Beech Fagus pendula Shade, canopy, ornamental
European Beech Fagus sylvatica Shade, canopy, ornamental
Chapter 165 – Landscaping Sections
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River Birch Betula nigra Shade, canopy, ornamental
Star Magnolia Magnolia stellata Shade, canopy, ornamental
Saucer Magnolia Magnolia x soulangiana Shade, canopy, ornamental
Black Gum Nyssa sylvatica Shade, canopy, ornamental
Yellowwood Cladrastis kentukea Shade, canopy, ornamental
Downy Serviceberry Amelanchier arborea Shade, canopy, ornamental
Hawthorn Crataegus plaenopyrum, Crataegus
viridis
Shade, canopy, ornamental
Sourwood Oxydendrum arboreum Shade, canopy, ornamental
Tuliptree Liriodendron tulipifera Shade, canopy, ornamental
Paw Paw Asimina triloba Shade, canopy, ornamental
Dogwood Cornus florida, Cornus kousa, Cornus
hybrid
Shade, ornamental
Flowering Cherry Prunus (all varieties of Flowering
Cherry)
Shade, ornamental
Cornelian Cherry Cornus mas Shade, ornamental
Eastern Redbud Cercis canadensis Shade, ornamental
American Plum Prunus americana Shade, ornamental
Japanese Maple Acer palmatum Shade, ornamental
Douglas Fir Pseudotsuga menziesii Screen, ornamental
White Fir Abies concolor Screen, ornamental
Spruce Picea (all varieties) Screen, ornamental
Japanese Umbrella Pine Sciadopitys verticillata Screen, ornamental
Hinoki False Cypress Chamaecyparis obtusa Screen, ornamental
White Pine Pinus strobus Screen, canopy
Western Arborvitae Thuja plicata Screen, ornamental
Chapter 165 – Landscaping Sections
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Eastern Arborvitae Thuja occidentalis (all varieties) Screen, ornamental
Leyland Cypress Cupressocyparis x leylandi Screen, ornamental
Japanese Cedar Cryptomeria japonica Screen, ornamental
Viburnum (Evergreen) (all evergreen/semi-evergreen
varieties)
Screen, ornamental, shrub
Yew Taxus (all varieties) Screen, ornamental, shrub
Holly Ilex (all varieties) Screen, ornamental, shrub
Common Boxwood Buxus sempervirens Screen, ornamental, shrub
Juniper Juniperus (all varieties) Screen, ornamental, shrub
Abelia (All varieties) Screen, ornamental, shrub
Witchhazel Hamamelis vernalis Ornamental, shrub
White Fringetree Chionanthus virginicus Ornamental, shrub
Slender Deutzia Deutzia gracilis Ornamental, shrub
Althea Hibiscus syriacus Ornamental, shrub
Vicary privet Ligustrum x vicaryi Ornamental, shrub
Sweet Mockorange Philadelphus coronarius Ornamental, shrub
Japanese pieris Pieris japonica Ornamental, shrub
Cotoneaster (All varieties) Ornamental, shrub
Spirea (All varieties) Ornamental, shrub
Weigela (All varieties) Ornamental, shrub
Forsythia (All varieties) Ornamental, shrub
Dwarf Fothergilla Fothergilla gardenii Ornamental, shrub
Buttonbush Cephalanthus occidentalis Ornamental, shrub
Japanese pagodatree Sophora japonica Ornamental, shrub
Chastetree Vitex agnus-castus Ornamental, shrub
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(2) Planting procedure. All required trees and shrubs shall meet the specifications and procedures
established by the American Nursery and Landscape Association.
a) All trees shall be planted no closer than three feet to the edge of sidewalks, curb or other
pavement.
b) Deciduous trees shall be a minimum of two-inch caliper at the time of planning.
c) Only single stem trees shall be planted as street trees.
d) Evergreen trees shall be a minimum of four feet in height at the time of planting. Shrubs
shall be a minimum three-gallon container at the time of planting. In addition to the three-
gallon container requirement, parking lot screening shrubs shall be a minimum of 36” in
height at time of planting and buffer shrubs shall be a minimum of 18” in height at time of
planting. Spacing of parking lot screening shrubs shall be no greater than four (4) feet on
center.
e) Only trees having a mature height of less than 20 feet shall be located under overhead
utility lines.
f) Measurement of Size. Caliper is measured six (6) inches above the ground up to and
including four (4) inch caliper size, and twelve (12) inches above the ground for larger sizes.
Diameter at breast height (dbh) will be measured at the height of 54 inches from the base
of the trunk or as otherwise allowed in the Guide for Plant Appraisal.
(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
Standard Nandina Nandina domestica Ornamental, shrub
Purple Plum Prunus cerasifera Ornamental
Crape Myrtle Lagerstroemia indica Ornamental
Persian parrotia Parrotia persica ornamental
Hydrangea (all varieties) Ornamental
Mugo pine Pinus mugo Ornamental
Itea (All varieties) Ornamental
Aronia (All varieties) Ornamental
Clethra (All varieties) Ornamental
Azalea Rhododendron (All varieties) Ornamental
Rhododendron (All varieties) Ornamental
Northern Bayberry Myrica pensylvanica Ornamental
Meyer Lilac Syringa meyeri ‘Palibin’ Ornamental
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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.
C. Existing tree credits. If the intent of § 165-203.01 is satisfied, including species type and location,
existing trees that are preserved may be counted towards the total number of required trees for
residential developments. Commercial and industrial developments may utilize existing tree credits
when calculating the required number of parking lot trees, as required in § 165-202.01D(13), if the
preserved trees are shown on an approved site plan and serve the intent of interior and perimeter
landscaping. The following table shows the credit given for each preserved tree, based on the tree's
caliper:
D. Enforcement procedures. The Zoning Administrator may require a bond with surety or other
acceptable guaranties to insure the completion of required improvements. Such guaranties shall be
in the estimated amount of the required improvements. Such guaranties shall be for a period of
completion set by the Zoning Administrator with consultation with the applicant. Such guaranties
shall be released when the required improvements have been completed.
Caliper (inches) Tree Credit
4 to 6 1
7 to 12 2
13 to 18 3
19 to 29 4
Greater than 30 5
Item #2: Height Exemptions
At the DRRC’s January meeting, potential revisions to the current height exceptions were
discussed. Ultimately the DRRC had concerns with many of the exemptions and requested
additional information. Staff has provided the list of height exemptions along with definitions
that pertain to each listed item.
Staff would like to discuss with the DRRC the current Ordinance requirements and potential
elimination or revisions to the height exemptions.
Attachment: 1. Existing height exemption section with definitions in text boxes.
HEIGHT EXEMPTIONS
CHPATER 165
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Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
§ 165-201.03 Height limitations; exceptions.
A. No structure shall exceed the height limitations described in this chapter.
B. Exceptions to height requirements.
(1) The maximum height requirements shall not apply to the following:
(a) Barns and silos.
(b) Belfries.
(c) Bulkheads.
(d) Chimneys.
(e) Church spires and towers.
(f) Flagpoles.
Barn: a building on a farm that is used for storing grain and hay and for housing farm
animals or equipment (Merriam Webster)
Silo: a tower that is used to store food (such as grain or grass) for farm animals(Merriam
Webster)
Belfry: a bell tower; especially: one surmounting or attached to another structure (Merriam
Webster)
Bulkhead: an upright partition separating compartments; a structure or partition to resist
pressure or to shut off water, fire, or gas (Merriam Webster)
Chimney: a part of a building through which smoke rises into the outside air; especially :
the part that sticks up above the roof (Merriam Webster)
Spire: (steeple) a tall structure usually having a small spire at the top and surmounting a
church tower; broadly: a whole church tower (Merriam Webster)
Flagpole: a pole on which to raise a flag (Merriam Webster)
HEIGHT EXEMPTIONS
CHPATER 165
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(g) (Reserved)
(h) Domes and skylights.
(i) Masts and aerials.
(j) Radio and television transmission towers and commercial telecommunication facilities.
(k) Smokestacks and cooling towers.
(l) Utility poles and towers.
(m) Water tanks.
(n) Windmills.
(2) Parapet walls may be up to four feet above the height of the building on which the walls rest.
(3) Solar collectors, air conditioners and other mechanical equipment may exceed the height limitations
if they are screened from the public view of surrounding properties and rights-of-way.
TELECOMMUNICATIONS TOWERS - A structure, including the tower, antennas, panels, microwave dishes, receiving
dishes, equipment building, other transmitting and receiving components and other accessory structures, used for
the wireless electromagnetic transmission of information, excluding structures utilized as satellite earth stations and
structures utilized for amateur or recreational purposes such as ham radio or citizen band radio.
*Zoning Ordinance Definition
Dome: a large rounded roof or ceiling that is shaped like half of a ball (Merriam Webster)
Skylight: an opening in a house roof or ship's deck that is covered with translucent or
transparent material and that is designed to admit light (Merriam Webster)
Mast: 1)a long pole or spar rising from the keel or deck of a shop and supporting the
yards, booms, and riggings, 2) a vertical or nearly vertical pole (as in upright post in
various cranes) (Merriam Webster)
* Radio masts and towers are, typically, tall structures designed to support antennas (also
known as aerials) for telecommunications and broadcasting, including television.
Aerial: of, relating to, or occurring in the air (Merriam Webster) *TV/Radio aerial
Smokestack: a pipe or funnel through which smoke and gases are discharged (Merriam
Webster)
Cooling Tower: a structure over which circulated water is trickled to reduce its temperature
by partial evaporation (Merriam Webster)
HEIGHT EXEMPTIONS
CHPATER 165
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(4) Automated storage facilities in the OM, M1 and M2 Zoning Districts and automated manufacturing
facilities in the M1 and M2 Zoning Districts shall be exempt from the maximum height requirement.
Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height
of these facilities exceed 100 feet in height unless waived by the Board of Supervisors in accordance
with § 165-601.02.
(5) All of the above exceptions shall be allowed only if they accomplish the purpose for which they are
intended, if they are not intended for human occupancy and if they do not infringe on the solar
access of surrounding properties.
(6) General office buildings in the B2 and B3 Zoning Districts and hotel and motel buildings in the B2
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 Board of Supervisors shall review the site development plan
pursuant to the provisions of § 165-203.02A(3).
(7) Buildings used for schools without residential components may exceed the maximum height of the
underlying zoning district. The only portions of buildings used for schools without residential
components that may exceed the height in the underlying zoning district are those which are
accessory and inconsequential to the primary function of the building. In no case shall any portion of
the building exceed 75 feet in height.
(8) If any of the above exceptions exceed the height limitation of the proposed zoning district, the
structure shall be required to be set back the normal setback or required buffer distance plus one
foot for every foot over the maximum allowed height of that zoning district.
(9) In the B3 (Industrial Transition) Zoning District, uses may exceed the height limitation so long as all
front, side and rear setbacks conform to the setback requirements for the M1 (Light Industrial)
Zoning District. In no case shall any structure in the B3 Zoning District exceed 45 feet in height.