DRRC 10-28-21 Meeting Agenda1.Steep Slopes
1.A.Steep Slopes
Proposal to modify the definition of steep slopes.
This proposed amendment was initiated by staff.
2.Inoperable Motor Vehicles
2.A.Inoperable Motor Vehicles
Proposal to add “trailer, camping trailer, or semitrailer” which are not in an operating
condition to the definition and additional regulations for specific uses.
This proposed amendment was initiated by staff.
3.Farm Wineries, Farm Breweries, and Farm Distilleries
3.A.Farm Wineries, Farm Breweries, and Farm Distilleries
Proposal to remove the requirement for a festival permit for events with 100 or more
guests as festival permits are no longer a requirement in Frederick County.
This proposed amendment was initiated by staff.
4.Other
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, OCTOBER 28, 2021
7:00 PM
FIRST-FLOOR CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
DRRC10-28-21ProposedChangesSteepSlopes.pdf
DRRC10-28-21ProposedChangesInoperableMotorVehicles.pdf
DRRC10-28-21ProposedChangesFarmWineriesFarmBreweriesFarmDistilleries.pdf
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: October 28, 2021
Agenda Section: Steep Slopes
Title: Steep Slopes
Attachments:
DRRC10-28-21ProposedChangesSteepSlopes.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee
FROM: Wyatt Pearson, Planning Director
SUBJECT: Ordinance Amendment – Steep Slopes
DATE: October 15, 2021
Proposal:
This is a proposed revision to Chapter 165 – Zoning Ordinance to amend the definition for “steep slopes”
to provide consistency between the Zoning Ordinance and Subdivision Ordinance. Chapter 144 –
Subdivision of Land defines steep slopes as 15% while the Zoning Ordinance is 50%. Both chapters apply
to many land applications such as subdivisions, site plans and the Transfer of Development Rights (TDR)
Program and therefore application of a consistent standard is needed.
Current Zoning & Subdivision Ordinance Standards:
The Zoning Ordinance definition (§165-101.02) for “steep slopes” specifies land where the slope exceeds
50%. The Subdivision Ordinance (§144-2) definition for “steep slopes” specifies land where the slope
exceeds 15%.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by staff
(with bold italic for text added). Staff is seeking comments from the DRRC to forward to the
Planning Commission and Board of Supervisors for discussion.
WP/pd
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
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Proposed Changes – Steep Slopes
Drafted October 15, 2021
Chapter 165 – Zoning Ordinance
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
§ 165-101.02 Definitions and word usage.
Steep Slopes
Land where the slope exceeds 50% 15%.
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: October 28, 2021
Agenda Section: Inoperable Motor Vehicles
Title: Inoperable Motor Vehicles
Attachments:
DRRC10-28-21ProposedChangesInoperableMotorVehicles.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee
FROM: Wyatt Pearson, Planning Director
SUBJECT: Ordinance Amendment – Inoperable Motor Vehicles and Trailers
DATE: October 15, 2021
Proposal:
This is a request to amend Chapter 165 – Zoning Ordinance to prohibit the unscreened storage of
inoperable trailers (trailer, camping trailer, or semitrailer). Currently, the Zoning Ordinance
prohibits the unscreened outdoor storage of inoperable motor vehicles; however, the current
definition does not include provisions for the regulation of trailers. This amendment is seeking to
amend the Zoning Ordinance so that trailers are subject to the same regulations as inoperable
vehicles.
Current Zoning Ordinance Standards:
The Zoning Ordinance (§165-101.02) defines “inoperable motor vehicles” as any motor vehicle
which is not in operating condition, or any vehicle which has been partially or totally disassembled
by the removal of tires and wheels, the engine or other essential parts required for operation of
the vehicle or on which there are displayed neither valid license plates nor a valid inspection
decal.
The Zoning Ordinance (§165-204.11) Landfills, junkyards, trash disposal and inoperable vehicles,
states that these are not permitted to be stored outside of a completely enclosed structure in all
Zoning Districts except the RA (Rural Areas) District which allows for them to be screened from
public roads or surrounding properties.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by staff
(with bold italic for text added). Staff is seeking comments from the DRRC to forward to the
Planning Commission and Board of Supervisors for discussion.
WP/pd
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
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Proposed Changes – Inoperable Motor Vehicles
Drafted October 15, 2021
Chapter 165 – Zoning Ordinance
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
165-101.02 Definitions and Word Usage.
INOPERABLE MOTOR VEHICLE OR TRAILER - Any motor vehicle, trailer, camping trailer, or
semitrailer, which is not in operating condition, or any vehicle which has been partially or totally
disassembled by the removal of tires and wheels, the engine or other essential parts required for operation
of the vehicle. Vehicles, trailers, camping trailers, and semitrailers shall also be considered inoperable
if they do not display a valid license plate or a valid inspection decal. or on which there are displayed
neither valid license plates nor a valid inspection decal.
ARTICLE II
Supplementary Use Regulations; Parking; Buffers and Landscaping; and Regulations for Specific
Uses
Part 204
Additional Regulations for Specific Uses
§ 165-204.11 Landfills, junkyards, trash disposal and inoperable vehicles and trailers.
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.
C. Inoperable motor vehicles and trailers.
1) Inoperable motor vehicles and trailers shall not be stored outside of a completely enclosed
building in the following zoning districts: RP Residential Performance R4 Residential Planned Community R5 Residential Recreational Community MH1 Mobile Home Community HE High Education MS Medical Support B1 Business Neighborhood B2 General Business
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Proposed Changes – Inoperable Motor Vehicles
Drafted October 15, 2021
B3 Industrial Transition OM Office-Manufacturing Park M1 Light Industrial M2 Industrial General EM Extractive Manufacturing
2) Inoperable motor vehicles and trailers permitted to be stored outside of a totally enclosed building
shall be completely screened from public roads or surrounding properties. Permitted screening shall
include opaque fences, opaque landscaping or opaque natural vegetation.
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: October 28, 2021
Agenda Section: Farm Wineries, Farm Breweries, and Farm Distilleries
Title: Farm Wineries, Farm Breweries, and Farm Distilleries
Attachments:
DRRC10-28-21ProposedChangesFarmWineriesFarmBreweriesFarmDistilleries.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee
FROM: Wyatt Pearson, Planning Director
SUBJECT: Ordinance Amendment – Farm Wineries, Farm Breweries, and Farm Distilleries
DATE: October 15, 2021
Proposal:
This is a proposed revision to Chapter 165 – Zoning Ordinance to remove provisions for festival permits
for farm wineries, farm breweries, and farm distilleries. The Board of Supervisors removed Chapter 86 –
Festival Permits from the Code of Frederick County in the spring of 2021. The intent of this Zoning
Ordinance text amendment is to update this provision to align with the removal of Chapter 86. This
amendment would eliminate the requirement for a festival permit and removes the limitation of 100 persons
permitted at events held on farm wineries, breweries, and distilleries.
Current Zoning Ordinance Standards:
The Zoning Ordinance (§165-204.22) states that for events occurring at farm wineries, farm breweries or
farm distilleries where 100 people or more are anticipated and will include music and entertainment
festival permit will be required.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by staff
(with bold italic for text added). Staff is seeking comments from the DRRC to forward to the
Planning Commission and Board of Supervisors for discussion.
WP/pd
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
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Proposed Changes – Farm Wineries, Farm Breweries, and Farm Distilleries
Drafted October 15, 2021
Chapter 165 – Zoning Ordinance
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§ 165-204.22 Farm wineries, farm breweries, and farm distilleries.
Farm wineries, farm breweries and farm distilleries in the RA (Rural Areas) District shall meet the
following requirements:
A. Farm wineries. A farm winery shall be licensed as a Class A or Class B farm winery in
accordance with § 4.1-207 of the Code of Virginia, as amended, and shall be located in the RA
(Rural Areas) District. No farm winery shall be established until an illustrative sketch plan has
been approved. All activities specified under § 15.2-2288.3E of the Code of Virginia shall be
permitted.
B. Farm breweries (limited brewery). A farm brewery shall be licensed as a limited brewery in
accordance with § 4.1-208 of the Code of Virginia, as amended, and shall be located in the RA
(Rural Areas) District. No limited brewery shall be established until an illustrative sketch plan has
been approved. All activities specified under § 15.2-2288.3:1 of the Code of Virginia shall be
permitted.
C. Farm distilleries (limited distiller). A farm distillery shall be licensed as a limited distiller in
accordance with § 4.1-206 of the Code of Virginia, as amended, and shall be located in the RA
(Rural Areas) District. No limited distillery shall be established until an illustrative sketch plan
has been approved. All activities specified under § 15.2-2288.3:2 of the Code of Virginia shall be
permitted.
D. The following activities are permitted accessory uses at farm wineries, breweries and distilleries:
1) On-site tours.
2) Kitchen and catering activities.
3) Providing light refreshments and appetizers (food preparation beyond this, excluding
catering for events, shall require a conditional use permit for a restaurant).
E. Events shall be permitted only on farm wineries, farm breweries and farm distilleries of 10 acres
or larger. Events for the purposes of this section shall include but are not limited to meetings,
conferences, dinners, festivals, and wedding receptions. Any event at which more than 100
people are anticipated and will include music and entertainment will require a festival permit.
F. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted
to and approved by Frederick County for all farm wineries, distilleries and breweries.
G. Farm wineries, breweries and distilleries that share a private access easement with another
property owner/s must show the easement allows a use of this type or written permission must be
obtained by the sharing parties.
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