DRRC 03-25-21 Meeting Agenda1.Opaque Fence
1.A.Opaque Fence
Request to modify definition for “opaque fence” to allow chain link fence with slats to
fulfill screening requirements.
This proposed amendment was initiated by a business owner in the County through
their Board of Supervisors representative.
2.Other
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, MARCH 25, 2021
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
DRRC03-25-21ProposedChangesOpaqueFence.pdf
1
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: March 25, 2021
Agenda Section: Opaque Fence
Title: Opaque Fence
Attachments:
DRRC03-25-21ProposedChangesOpaqueFence.pdf
2
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review & Regulations Committee (DRRC)
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Opaque Fence
DATE: March 11, 2021
Background
This is a request for a Zoning Ordinance text amendment from a business through their Board of Supervisors
representative to allow chain link fence with slats to fulfill the opaque fence requirements for a full screen
Category B Type zoning district buffer. The site requested has an approved site plan with an outdoor storage
area and is located in the B2 (General Business) Zoning District. The outdoor storage area is bounded on
two sides by property zoned RP (Residential Performance) Zoning District (use: church and single-family
detached residence). The site plan approved for this outdoor storage area depicted a full screen zoning
district buffer that included the required landscaping and an opaque 6-foot (FT) tall board-on-board fence.
Current Zoning Ordinance Standards:
The Zoning Ordinance definition (§165-101.02) for an opaque fence specifies: “a fence that is constructed
to visually obscure structures, outdoor storage areas, and other uses. A chain link fence with slats shall not
constitute an opaque fence.” The opaque fence requirement is also referenced in other sections of the
Zoning Ordinance including:
§165-201.10 Outdoor storage and processing.
§165-203.02 Buffer and screening requirements.
§165-204.11 Landfills, junkyards, trash disposal and inoperable vehicles (dumpster enclosures).
§165-204.18 Storage facilities, self-service.
In satisfying the requirements for an opaque fence in the above sections, a 6-foot (FT) tall board-on-board
fence, hedge, wall, or a berm is typically required. However, a chain link fence with an opaque vinyl tarp
attached to it has also been allowed to satisfy the “opaque fence” requirement for outdoor storage areas
located in business and industrial districts. For these outdoor storage areas, chain link is the preferred type
of fence for security.
For zoning district buffers and residential separation buffers, an opaque fence is required to screen differing
land-uses on adjoining properties. The elements fulfilling the requirements for a “full screen” buffer are
landscape plantings, plus a 6-FT tall opaque wall, fence, hedge or berm. The full screen components were
expanded in 2019 through a text amendment approved by the Board of Supervisors, to allow an additional
two (2) rows of evergreen trees that are six feet tall at time of planting in lieu of an opaque fence. Chain
link with opaque vinyl tarping has not been allowed as a screening element for zoning district or residential
separation buffers.
3
DRRC Discussion
OA – Opaque Fence
March 11, 2021
Page 2
Ordinance Amendment for Discussion and Consideration:
The DRRC previously discussed this item on January 28 and February 25, 2021. The primary discussion
from the previous meeting by the Committee focused on maintenance of chain link fence with slats versus
other fence materials (board-on-board), visual appeal, and what requirements should apply to slats (such
material, opacity, color, and type). The DRRC further requested the amendment prohibit the use vinyl
tarping over chain link as a “opaque fence” alternative.
The proposed text amendment (attached) modifies the definition for “opaque fence” to allow chain link
fence with slats, and further specifies minimum opacity, type, and preferred colors for slats. A privacy
factor of at least 90% is now proposed to ensure that the intent of the opaque fence requirement, to “visually
obscure structures, outdoor storage areas, and other uses,” is still being met. Following DRRC discussion
about visual appeal, Planning and Development staff further proposes slats be prohibited for road efficiency
buffers (§165-203.02(E)) which are intended to provide protection for residential structures from any street
classified as a collector road or higher while still providing an attractive view of the residential
neighborhoods from major roadways.
Conclusion and Requested DRRC Action:
Staff is seeking direction from the DRRC on the proposed ordinance amendment to allow chain link fence
with slats to satisfy “opaque fence” requirements in all areas of the Zoning Ordinance except for road
efficiency buffers outlined above (and attached), and whether this amendment may be moved forward to
the Planning Commission for further discussion.
MTK/pd
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Winged Slat Detail Exhibit
3. Request for Zoning Ordinance Text Amendment.
4
Proposed Changes – Opaque Fence
Revised March 4, 2021
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
§165-101.02 Definitions and word usage.
OPAQUE FENCE
A fence that is constructed to visually obscure structures, outdoor storage areas, and other uses. A chain
link fence with slats shall not constitute an opaque fence. A chain-link fence with slats with a privacy
factor of 90% or greater may be utilized to satisfy the opaque fence requirements, except for opaque
fencing utilized for road efficiency buffers. Chain-link fencing with slats shall only use double-walled
winged slats (or equivalent approved by the Zoning Administrator) in the following colors: dark green,
brown, black, or tan. The use of wood slats or plastic slats without interlocking wings and double walls
is prohibited. The use of opaque vinyl tarping over chain-link shall not constitute an opaque fence.
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
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.
E. Road efficiency buffers. The purpose of these requirements is to provide protection for residential
structures from any street classified as a collector road or higher while still providing an attractive
view of the residential neighborhoods from major roadways. It is not the intent of these
regulations to provide uniform linear strips of completely opaque screening but to provide an
attractive view of residential neighborhoods from major streets and ensure adequate buffering for
the residential neighborhood from the street.
7. Any fencing utilized to for the full screen opaque element shall consist of a six-foot tall
solid board-on-board, composite or vinyl fence.
5
Ordinance Amendment – Opaque Fence requirements
March 11, 2021
Double-Walled “Winged” Type Slat - detail
“Winged/Feathered” type slat – privacy detail
Source: Slat Depot, February 2021
6
7