DRRC 03-24-22 Meeting Agenda1.Zoning Ordinance Text Amendment Proposals
1.A.Short-Term Lodging (STL)
Proposal to add "short-term lodging" as an allowed use in residential zoning districts
and to include regulations for specific uses.
This proposed amendment was initiated by staff.
1.B.B2 District Allowed Uses
Proposal to remove "self-service storage facilities" from the "Allowed Uses" in the B2
General Business Zoning District.
This proposed amendment was initiated by staff.
2.Other
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, MARCH 24, 2022
7:00 PM
FIRST-FLOOR CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
DRRC03-24-22ProposedChangesShortTermLodging.pdf
DRRC03-24-22ProposedChangesB2AllowedUses.pdf
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: March 24, 2022
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Short-Term Lodging (STL)
Attachments:
DRRC03-24-22ProposedChangesShortTermLodging.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: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Short-Term Lodging
DATE: March 8, 2022
Proposal:
This is a proposed amendment to Chapter 165 – Zoning add “short-term lodging (STL)” to the definitions
section, provide additional regulations for short-term lodging and add the use to the RA (Rural Areas), RP
(Residential Performance) and MH1 (Mobile Home Community) Zoning Districts. As proposed by staff,
STL’s would be permitted by-right through an administratively reviewed permit process.
Staff understands from data provided by the Commissioner of Revenue (COR), 25 or more short-term
lodging units may be currently operating in Frederick County. The intent of the ordinance amendment
proposal is to ensure short-term lodging are properly managed from a zoning perspective. The COR already
has required all STL’s to have a valid business license for the purpose of collecting lodging/occupancy
taxes.
Current Zoning Ordinance Standards:
The Zoning Ordinance does not presently include a specific use or regulations for short-term lodging.
Similar uses such as “rooming house/boarding house” and “bed and breakfast” are already included in the
ordinance (allowed as conditional uses in certain districts) but are defined in such a manner that they would
not otherwise permit short-term lodging.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by Staff.
Staff is seeking comments from the DRRC to forward to the Planning Commission and
Board of Supervisors for discussion.
MTK/pd
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
2. Short-Term Rental Permit Application (Draft)
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Proposed Changes – Short-Term Lodging
Revised March 9, 2022
Chapter 165 – Zoning Ordinance
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101
General Provisions
§165-101.02 Definitions and word usage.
SHORT-TERM LODGING
Short-term lodging (STL) is any occupancy of all or part of a dwelling or mobile home for a period of
30 days or less.
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§165-204.35 Short-Lodging
Where permitted, short-term lodging shall meet the following requirements:
A. The maximum number of lodgers per night shall not exceed 10-persons, except where Uniform
Statewide Building Code requires fewer occupants.
B. No more than five (5) guestrooms are permitted for short-term lodging.
C. Special events, as defined in Part 101 of the Ordinance, are prohibited in association with STL
use.
D. One (1) designated off-street parking space shall be required to be available for guests.
E. A STL administrative permit application shall be approved by the Department of Planning and
Development prior to the establishment of the use.
F. A business license shall be approved by the Commissioner of Revenue prior to the
establishment of the use.
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Proposed Changes – Short-Term Lodging
Revised March 9, 2022
ARTICLE IV
Agricultural and Residential Districts
Part 401
RA Rural Areas District
§165-401.02 Permitted Uses.
OO. Short-Term Loding
ARTICLE IV
Agricultural and Residential Districts
Part 402
RP Residential Performance District
§165-402.02 Permitted Uses.
B. Structures and land shall be used for one of the following uses:
16. Short-Term Loding
ARTICLE IV
Agricultural and Residential Districts
Part 403
MH1 Mobile Home Community District
§165-403.02 Permitted uses.
O. Short-Term Loding
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Frederick County, VA
Short-Term Lodging (STL) Permit Application
Page 1 of 8
SUBMISSION REQUIREMENTS
1. APPLICATION FORM: The application (pages 2 through 5) should be complete with original signatures.
2. APPLICATION FEE: Application fee in the amount for $200 for permit for a two (2) year permit. Payment
should be made in the form of a check payable to the “Treasurer of Frederick County” or electronic means
through the Commissioner of Revenue.
3. TWO FORMS OF VERIFICATION: Two (2) forms of verification, a photo ID plus one (1) of the following:
vehicle registration, tax statement, utility bill or other form are required to demonstrate residency or ownership.
4. SAEFTY/EXIT PATHWAY PLAN: Please provide a copy of the plan posted inside the door of each sleeping
room showing the exit pathway from the sleeping room used for STL to the nearest exit from the dwelling or
manufactured home.
5. REVIEW AGENCY COMMENTS: Comments/approvals from the Frederick County Building Official
(Building Inspections Department), the Frederick County Fire Marshal, and the Virginia Department of Health
(VDH, only required if property has a well and on-site sewage disposal system).
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Draft March 9, 2022
Page 2 of 8
The following standards govern the establishment and operation of a short-term lodging (STL) use as an
accessory use to the principal occupancy of a dwelling, pursuant to the Frederick County Zoning Ordinance:
A dwelling or manufactured home used for STL shall comply with the following standards:
• Be available for inspection by the County during reasonable hours and in accordance with the Zoning
Ordinance. Comply with the requirements of the applicable version of the Virginia Uniform Statewide
Building Code or Virginia Manufactured Home Safety Regulations, as determined by the Building
Official.
• Have a working multi-purpose fire extinguisher, interconnected smoke detectors and carbon
monoxide detectors (when required for a fireplace or gas service).
• Have a plan posted inside the door of each sleeping room showing the exit pathway from the sleeping
room used for STL to the nearest exit from the dwelling or manufactured home. (A copy of which shall be
attached to this STL Permit Application).
• Have one (1) designated off-street parking space available for lodgers, which the Operator has the
authority to reserve for STL purposes
Aa STL Operator must:
• Obtain written consent from the owner of the property for the STL use (when applicable).
• Assume responsibility for determining whether any regulations, prohibitions, and covenants applicable to
the dwelling or manufactured home prohibit STR.
• Designate at least one (1) person who consents to serve as an Authorized Agent for the STR operator.
• Maintain a guest log including the name, address, and telephone number of all overnight lodgers. The
guest log must be made available upon request to any County employee or agent tasked with enforcing
the Zoning Ordinance or other applicable part of the County Code.
• Remain in compliance with the Commissioner of the Revenue regarding Business License, Business
Equipment, and the Transient Occupancy Tax (TOT) collection and remittance.
The STL use is subject to the following standards:
• The maximum number of lodgers per night may not exceed 10 persons, except where the Uniform
Statewide Building Code requires fewer occupants.
• The maximum number of rental contracts per night is one (1). All lodgers occupying a STL must be
associated with the same rental contract.
• Special events, including weddings, parties, banquets, fund raising, commercial or advertising activities,
and any other gathering of persons other than the authorized lodgers, whether for direct or indirect
compensation—are prohibited in association with any STL.
The Zoning Administrator’s issuance of a permit does not abrogate, nullify, or invalidate any other provision of
federal, state, or local law; any restrictive covenant; or any property owners’ association by-law.
I acknowledge and understand the above requirements. Failure to follow any of the above standards
may result in the revocation of my permit and/or penalties.
__________________________________________________________________________________________________
Signature of STL Operator Date
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Draft March 9, 2022
Page 3 of 8
SHORT-TERM LODGER OPERATOR
STL Operator Name:
Street Address of STR: Unit:
City: Zip Code:
PIN #: Zoning District:
Magisterial District:
Operator Phone Number: Email:
OWNER OF THE PROPERTY (if different from the Operator)
Property Owner Name:
Street Address: State:
City: Zip Code:
Owner Phone Number: Email:
LOCAL AUTHORIZED AGENT (must be different from Operator and available to respond locally to emergencies)
Local Authorized Agent Name:
Street Address: State:
City: Zip Code:
Agent Phone Number: Email:
OFF-STREET PARKING LOCATION: Please provide a statement in the box below identifying the location of at least
one (1) designed off-street parking space available for lodgers, which you as the Operator have the authority to reserve for
STL purposes.
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Draft March 9, 2022
Page 4 of 8
LOCAL AUTHORIZED AGENT CERTIFICATION
I certify that I understand the responsibilities of the Authorized Agent for the short-term lodging operation and consent to perform
the duties outlined on in this Permit Application, in conformance with the Zoning Ordinance.
__________________________________________________________________________________________________________
Signature of Local Authorized Agent Date
SHORT-TERM RENTAL OWNER CERTIFICATION
I certify that I am the owner of the property identified on this application and I consent to the use of the property for sho rt-term
lodging, as will be operated by the applicant identified herein. I acknowledge that a ny violation related to the short-term rental is
deemed to be a violation by both the Operator and the Owner.
__________________________________________________________________________________________________________
Signature of Property Owner Date
SHORT-TERM RENTAL OPERATOR CERTIFICATION
As an OPERATOR, my signature on this form certifies that I understand the requirements of the Short -Term Rental (STR) Permit,
all information is true and accurate, and that I agree to the following:
1. To abide by the standards set forth in §165-204.35 and any other applicable requirements of the Zoning Ordinance and to
any other applicable federal, state, and local laws and regulations, whether related to the building in which the use is
conducted or to the use itself;
2. That the dwelling or manufactured home will be open for inspection by County personnel during reasonable hours; and
3. That I acknowledge that the application property may be located within an area that is subject to additional restrictions
pursuant to covenants, bylaws, regulations, or other limitations imposed pursuant to the Property Owners’ Association Act,
Condominium Act, or the Virginia Real Estate Cooperative Act. As such, I acknowledge that issuance of this Permit DOES
NOT abrogate, nullify, override, or otherwise have any effect on the applicability of any such regulations, declarations, or
limitations applicable to this property. Compliance with any suc h regulations, declarations, or limitations is the
responsibility of the Operator/Owner.
4. To remain in compliance with the Commissioner of the Revenue regarding Business License, Business Equipment, and the
Transient Occupancy Tax (TOT) collection and remittance.
I certify that I understand the requirements of the Short -Term Lodging Permit and will comply with all standards set forth in the
Zoning Ordinance and any other applicable regulation, limitation, or requirement.
I affirm that I have the right to re serve the parking spaces identified on page 1 of this application.
__________________________________________________________________________________________________________
Signature of STL Operator Date
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Draft March 9, 2022
Page 5 of 8
FOR INTERNAL USE ONLY – To-Be-Completed by Planning and Development Department Staff
Zoning Administrator Signature:
Verification of Documents For (attached to
application):Identification (2 forms); Review
Agency Comments; Safety/Exit Pathway Plan;
and Location of Off-Street Parking
Date of Approval of Short-Term Lodging (STL):
Short-Term Lodging (STL) Permit Number: STL #:
Period of Validity (Two-Years from Date of
Approval)
Fee: $200.00
Receipt Number:
THIS PERMIT EXPIRES WITHOUT NOTICE AT 11:59PM ON THE LAST DAY OF THE PERIOD OF VALIDITY.
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Draft March 9, 2022
Page 6 of 8
FIRE MARSHAL COMMENT SHEET
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Draft March 9, 2022
Page 7 of 8
BUILDING INSPECTIONS COMMENT SHEET
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Draft March 9, 2022
Page 8 of 8
VIRGINIA DEPARTMENT OF HEALTH (VDH) COMMENT SHEET
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: March 24, 2022
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: B2 District Allowed Uses
Attachments:
DRRC03-24-22ProposedChangesB2AllowedUses.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: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – B2 District Allowed Uses
DATE: March 8, 2022
Proposal:
This is a proposed amendment to Chapter 165 – Zoning to remove self-service storage facilities from the
“Allowed Uses” list in the B2 General Business Zoning District.
Current Zoning Ordinance Standards:
The Zoning Ordinance allows self-service storage facilities in the B2, B3, M1, & M2 Zoning Districts as a
allowed/permitted use. The intent of the B2 District is to provide large areas for a variety of business, office
and service uses. General business areas are located on arterial highways at major intersections and at
interchange areas. Businesses allowed involve frequent and direct access by the general public but not
heavy truck traffic on a constant basis other than that required for delivery of retail goods.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by Staff.
Staff is seeking comments from the DRRC to forward to the Planning Commission and
Board of Supervisors for discussion.
MTK/pd
Attachments: 1. Revised ordinance with additions shown in bold underlined italics.
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Proposed Changes – B2 Allowed Uses
Drafted March 4, 2022
Chapter 165 – Zoning Ordinance
ARTICLE VI
Business and Industrial Zoning Districts
Part 603
B2 General Business District
§165-603.02 Allowed uses.
Allowed Uses Standard Industrial Classification (SIC)
Self-service storage facilities -
*All other allowed use remain unchanged.
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