DRRCAgenda2023January261.Zoning Ordinance Text Amendment Proposals
1.A.Signs (§165-201.06)
This is a proposal to amend the sign ordinance to implement changes because of the
Reed v. Town of Gilbert ruling (SCOTUS, 2015).
This proposed amendment was initiated by staff at the direction of the County Attorney.
1.B.Utilities and Easements (§144-25)
This is a proposal to amend Chapter 144 - Subdivision of Land to allow overhead
utilities in new industrial parks, office parks, and shopping centers through a Board of
Supervisors waiver.
This proposed amendment was initiated by staff.
2.Other
2.A.Development Review Fees
Proposal to implement fees associated with short-term lodging, reduce bond
management fees, and increase fees for postponement of public meeting or public
hearing by applicants.
This proposal was initiated by staff.
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, JANUARY 26, 2023
7:00 PM
FIRST-FLOOR CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
DRRC01-26-23OA _Signs.pdf
DRRC01-26-23OA_UtilitiesandEasements.pdf
DRRC01-26-23Discussion_DevelopmentReviewFees.pdf
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: January 26, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Signs (§165-201.06)
Attachments:
DRRC01-26-23OA _Signs.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 – Signs
DATE: January 12, 2023
Proposal:
This is a proposal to amend the sign ordinance to implement changes because of the Reed v. Town of
Gilbert ruling (SCOTUS, 2015). Specifically, the changes proposed ensure content-neutral sign regulations.
Most of the sign standards (size, height, number, location) remain unchanged. Staff would note, one specific
change in the sign standard is the addition of “Sign, Multi-Tenant Frontage” which further clarifies how
much wall area can be allocated for signage for buildings with more than one tenant.
This proposal was initiated by staff at the direction of the County Attorney.
Current Zoning Ordinance Standards:
This section is established to regulate the erection, number, area, height, location, type and maintenance of
signs to promote the health, safety and general welfare of the public an d the orderly development of the
County by protecting property values, and providing adequate signage for businesses and motorists;
protecting and enhancing the image, appearance and economic vitality of the County, and supporting the
Frederick County Comprehensive Plan (§165-201.06).
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by Staff and the
County Attorney. 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 track changes.
2. Current Ordinance Standard
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ARTICLE I
GENERAL PROVISIONS, AMEDNMENTS, AND CONDITIONAL USE PERMITS
Part 101 – General Provisions
§165-101.02 Definitions & word usage
A. SIGN- Any object, device, display, structure, fixture, painting, emblem, or visual or part thereof, that
is designed to use words, designs, figures, graphics, colors, illumination or projected images, fixtures,
symbols, numbers, or letters for the purpose of communicating a message.
B. SIGN AREA— The sign area will be measured as the area of a sign face with the smallest square,
circle, rectangle, triangle or combination thereof that encompasses the extreme limits of the words,
designs, figures, graphics, colors, illumination or projected images, fixtures, symbols, numbers, or
letters or any part or combination thereof together with any materials or colors forming an integral
part of the background of the sign face or used to differentiate the sign from the backdrop or structure
against which it is placed. In the case of a double-faced sign where the interior angle formed by the
faces is 45° or less or where the sign face is parallel, only one display face will be used in calculating
the area.
Measuring Sign Area
C. SIGN, ANIMATED— Any sign or part of a sign that changes physical position or light intensity by
any movement or rotation or that gives the visual impression of such movement or rotation.
D. SIGN, COTTAGE OCCUPATION — Any additional signage permitted on a parcel as a result of the
County approving a conditional use permit for a cottage occupation on the parcel.
E. SIGN, ELECTRONIC — Any sign with a fixed or changing graphics composed of a series of lights
or light-emitting devices that may be changed through electric or electronic means.
F. SIGN, FLAG — Any piece of cloth or bunting, with distinctive colors, patterns, or symbolic devices,
that may constitute, among other things, a governmental or organizational symbol, or that may be
decorative.
G. F. SIGN, FLASHING — Any sign directly or indirectly illuminated that exhibits changing natural or
artificial light or color effects by any means whatsoever.
H. SIGN, ILLUMINATED — Any sign lighted by or exposed to artificial lighting either by lights on or
in the sign or directed toward the sign.
I. SIGN, INCIDENTAL WINDOW - Any sign displayed in a window.
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J. SIGN, INFLATABLE — Any sign that is an air-inflated object, which may be of various shapes,
made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor
that provides a constant flow of air into the device.
K. J. SIGN, INTERSTATE OVERLAY — Any on-premises business sign located within the Interstate
Area Overlay District meeting all requirements of Article VII, Part 704 of this chapter.
L. SIGN, MONUMENT — Any freestanding sign placed directly on the ground by means other than a
support pole or brace in which the message portion is either on top of, or affixed to, the support
structure. The width of the support structure for the monument sign must be a minimum of 50% of the
width of the sign face area.
Examples of Monument Signs
M. SIGN, ON-PREMISE MULTI-TENANT COMPLEX — Any sign relating to more than one
business, profession, produce, service, event, or other commercial or non-commercial activity sold,
offered, or conducted on the same parcel of land where the sign is located.
N. SIGN, OFF-PREMISES — Any sign relating to a business, profession, product, service, event, or
other commercial or non-commercial activity not sold, offered, or conducted on the same parcel of
land where the sign is located.
O. SIGN, ON-PREMISES — Any sign relating to a business, profession, product, service, event, or
other commercial or non-commercial activity sold, offered, or conducted on the same parcel of land
where the sign is located.
P. SIGN, RESIDENTIAL SUBDIVISION IDENTIFICATION — Any sign which denotes the name of
a residential subdivision, condominium or apartment complex.
Q. SIGN, ROOF — Any sign that is mounted on the roof of a building or a sign that projects above the
top wall or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip
roof, or the deck line of a building with a mansard roof.
R. SIGN, SNIPE – Any sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles,
stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the
public right-of-way or on any private property without the permission of the property owner.
S. SIGN, TEMPORARY. Any sign designed or intended to be moved easily that is not permanently
attached to the ground or affixed to a building or other structure. May also include banner signs.
T. SIGN, WALL-MOUNTED — Any sign fastened to the wall of a building or structure in such a
manner that the wall becomes the supporting structure for the sign.
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ARTICLE II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR
SPECIFIC USES
Part 201 – Supplementary Use Regulations
§165-201.06 Signs
Signs perform an important function in identifying and promoting properties, businesses, services,
residences, events, and other matters of interest to the public. The intent of this Section is to regulate all
signs within the] County to ensure that they are appropriate for their respective uses, in keeping with the
appearance of the affected property and surrounding environment, and protective of the public health,
safety, and general welfare by:
• Setting standards and providing uniform, scientifically-based controls that permit reasonable use
of signs and preserve the character of Frederick County.
• Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations as may
create a hazard to pedestrians and motorists.
• Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate
identification and direction while minimizing clutter, unsightliness, and confusion.
• Establishing a process for the review and approval of sign permit applications.
Any sign erected, altered, or maintained after the effective date of this Ordinance must conform to the
following regulations.
1. Signs Prohibited and Permitted.
A. Signs and characteristics prohibited in all districts. The following signs are unlawful and prohibited in
all zoning districts:
(1) Signs that violate state or federal law, for example unofficial traffic control devices as prohibited
under § 46.2-831 of the Virginia Code.
(2) Signs with characteristics that create a safety hazard or are contrary to the general welfare.
(3) Certain sign types. Signs that are:
a. Animated or flashing signs.
b. Signs painted directly onto the exterior of buildings.
c. Inflatable signs.
d. Roof sign.
e. Snipe Signs
B. Signs allowed in all districts. The following signs are allowed without a sign permit and will not be
included in the determination of the type, number, or area of permanent signs allowed within a zoning
district, provided such signs comply with the regulations in this section, if any.
(1) Address signs.
(2) Government/regulatory signs.
()
(3) Official traffic signs and private road/drive signs.
(4) Signs erected or required by a governmental agency.
(5) Temporary signs.
(6) Flag signs.
(7)
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(8) Directional signs.
(
(9) Holiday and seasonal decorations.
(10) Security and warning signs.
(11) Legal notices, such as posted service or notice of unfitness for habitation.
C. Signs allowed in certain districts. The following types of signs are allowed only if they are specifically
listed under the list of allowed uses for the zoning districts in which they are located:
(1) Monument signs.
(2) Multi-tenant Complex signs.
(3) Wall-Mounted signs.
(4) Window signs.
(5) Off-Premise signs.
(6) Electronic signs.
(7) Signs approved with a Conditional Use Permit, such as cottage occupation signs.
2. General Regulations of all signs.
A. Sign Location. All freestanding signs must be set back at least 10 feet from lot lines or property boundary
lines. Signs that are attached to buildings must meet the required setbacks for that building.
B. Sign Spacing. The minimum distance separating signs is 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 msut 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.
C. Sign Illumination.
(1) Signs may be illuminated, unless otherwise specified herein, subject to and consistent with the
following standards:
a. Light sources to illuminate signs are neither to be visible from any street right-of-way, nor
cause glare hazardous or distracting to pedestrian, vehicle drivers, or adjacent properties.
b. Flashing, revolving, scrolling or intermittent light visible from any property line or street
is prohibited.
c. Electronic signs must be displayed for a minimum of two (2) minutes, and must not be
animated by scrolling, flashing or other similar nonstatic displays. In no case may an
electronic message sign occupy more than 50% of the area of a permitted sign size. Signs
must provide an automatic timer to comply with the intent of this section.
d. Each sign must have a light sensing device that will automatically adjust the brightness of
the display as the natural ambient light conditions change to comply with the limits set here
within.
(2) Types of Illumination: Where permitted, illumination may be:
a. External: Externally illuminated signs, where permitted, are subject to the following
regulations:
i. The source of the light must be concealed by translucent covers.
ii. External illumination must be by a steady, stationary light source, shielded and
directed solely at the sign. The light source must be static in color.
b. Internal: Internally illuminated signs, where permitted, are subject to the following
regulations:
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i. Internal illumination, including neon lighting, must be static in intensity and color.
D. Maintenance. All signs must be maintained in a state of good repair. Signs that are damaged, structurally
unsound or poorly maintained must be repaired or removed within 30 days.
(1) If an off-premises sign advertises a specific business, product, service, event, or activity that is no
longer being operated or conducted or if a sign refers to a location where the advertised activities
no longer exist, that sign will be considered to be abandoned and must be removed within 30 days.
E . Sign permits.
(1) Before a sign may be constructed, reconstructed or altered, a sign permit must be obtained from the
Frederick County Building Official.
(1) An application for a sign permit must include:
a) A description of the sign indicating the number, size, shape, dimensions, and colors of the
sign;
b) A schematic drawing of the site showing the proposed location of the sign in relation to
nearby buildings and streets;
c) The number of signs on the site.
3. Regulations by Sign Type
A. Temporary Signs. Temporary signs, as defined in this section, located on private property, are
exempt from standard sign permit requirements. Temporary signs that comply with the
requirements in this sub-section will not be included in the determination of the type, number, or
area of signs allowed on a property.
a) Size. Temporary signs may not exceed five (5) feet in height and 50 square feet (SF).
b) Location. Temporary signs should comply with required setbacks as stipulated above and
should not be placed in the public rights-of-way.
c) Permission. The party posting the temporary sign is solely responsible for obtaining
permission of the property owner before posting their temporary sign.
d) Duration and Removal
i. Temporary signs may be displayed up to 30 consecutive days, two (2) times per
year.
ii. Illumination. Illumination of any temporary sign is prohibited.
B. Monument Signs
a) Number. One (1) monument sign is permitted for all properties.
b) Height. Other than the RA (Rural Areas) zoning district, all monument signs located in
other zoning districts will be permitted to establish a maximum sign height reflective of
the roadway which the site’s entrance is located on, as such:
i. Sign height will be measured from the grade level of the adjacent street to which
the land upon the sign is located.
ii. Signs along arterial roads must not exceed 25 feet in height.
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Proposed Changes – Sign Ordinance
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iii. Signs along collector roads must not exceed 15 feet in height.
iv. Signs along all other roads must not exceed 12 feet in height.
v. In developments utilizing a multi-tenant complex sign, all other signs should not
exceed 12 feet in height.
c) Size. Other than the RA (Rural Areas) zoning district, all monument signs located in
zoning districts will be permitted to establish a maximum sign area reflective of the
adjacent roadways’ classification, as such:
i. Signs along arterial roadways must not exceed 150 square feet.
ii. Signs along collector roadways must not exceed 100 square feet.
iii. Signs along other roads must not exceed 50 square feet.
iv. In development utilizing a multi-tenant complex sign, on-site monument signs
must not exceed 50 square feet.
d) Illumination. All monument sign illumination must comply with requirements outlined
in §165-201.06(2)(C), sign illumination.
C. Multi-tenant Complex Signs
a) Number: The following regulations apply to the number multi-tenant complex signs
permitted in certain district:
i. One (1) per 1,200 linear feet of road frontage per development in all districts
where allowed.
ii. The M1 and M2 Zoning Districts will be limited to one (1) per property.
b) Height. Developments utilizing a multi-tenant complex sign will be permitted to
establish a maximum sign height reflective of the roadway which the site’s entrance is
located on, as such:
i. Signs along arterial roads must not exceed 25 feet in height.
ii. Signs along collector roads must not exceed 15 feet in height.
iii. Signs along all other roads must not exceed 12 feet in height.
c) Size. All multi-tenant complex signs located in zoning districts other than the RA
(Rural Areas) zoning district, will be permitted to establish a maximum sign area
reflective of the adjacent roadways’ classification, as such:
i. Signs along arterial roadways must not exceed 150 square feet.
ii. Signs along collector roadways must not exceed 100 square feet.
iii. Signs along other roads must not exceed 50 square feet.
d) Illumination. All multi-tenant sign illumination must comply with requirements
outlined in §165-201.06(2)(C), sign illumination.
D. Wall-Mounted Signs
a) Height. Wall-mounted signs must not exceed the maximum height requirement for
the zoning district in which they are located. General office buildings and hotel or
motel buildings allowed to exceed the general height requirements for the underlying
zoning district as per § 165-201.03B(6) (Height limitations, exceptions) are allowed
wall-mounted signs with a maximum height not to exceed the maximum height
requirement of § 165-201.03B(6).
b) Size. Wall-mounted business signs shall be permitted one and one-half (1 1/2) square
feet of sign area for each linear foot of building frontage or twenty-five (25) square
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Proposed Changes – Sign Ordinance
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feet, whichever is greater, provided that the total area of any one wall-mounted
business sign or signs does not exceed 200 square feet. In situations for where there
is more than one building users, such as in the diagram below, each user shall be
permitted a sign area proportionate to their frontage using the above calculation.
c) Location. Wall-mounted signs may be located on any wall face.
d) Illumination. All sign illumination must comply with requirements outlined in §165-
201.06(2)(C), sign illumination.
E. Electronic Signs
a) Number. A sign may include an electronic sign as a component of the sign, provided
that, if a property is allowed more than one sign, no more than one of its signs may
include an electronic sign.”.
b) Height. Electronic signs must comply with the above height requirements for
monument signs.
c) Size. Electronic signs must comply with the above size requirements for monument
signs. In no case may an electronic message sign occupy more than 50% of the area
of a permitted sign size.
d) Location. Electronic signs must comply with the above requirements for monument
signs.
e) Illumination. All sign illumination must comply with requirements outlined in §165-
201.06(2)(C), sign illumination. Such electronic sign messages must be displayed for
a minimum of two (2) minutes, and may not be animated by scrolling, flashing, or
other similar nonstatic displays.
F. Off-Premise Signs. In all zoning districts only monument signs, and multi-tenant complex signs
will be allowed off-premises. No other type of off-premises signs are allowed. Such signs will be
allowed only if a conditional use permit for that sign has been granted. Conditions which may be
placed on off-premises signs may include, but not be limited to, the following:
a) Appropriate separation must be provided between the off-premises sign and
surrounding residences and other uses. The Board of Supervisors may require that
such signs not be visible from surrounding residences.
b) Off-premises signs must be limited to a size, scale and height that does not detract
from surrounding properties and uses, and in no case may exceed the size and height
regulations set forth in § 165-201.06 for signs.
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c) Off-premises signs must be properly separated from each other to avoid clutter along
road corridors, and in no case may be less than the regulations set forth in § 165-
201.06(2)B.
G. All other signs. All other sign types (i.e. signs permitted in all districts) not specified above must
not exceed five (5) feet in height and four (4) square feet in sign area and must be pole mounted.
4. Specific Sign Regulations by Zoning District
Table 1: Sign Types Permitted by Zoning District
Sign Type RA District RP, R4 & R5
Districts
Business &
Industrial
Districts
Temporary Signs* X X X
Monument Signs X X X
Multi-tenant Complex Signs X
Wall-Mounted Signs X X X
Electronic Message Signs X X X
Off-Premise Signs** X X X
*Temporary Signs do not require a sign permit, and may be displayed up to 30 consecutive days, two (2)
times per year.
**Off-Premise Signs require a Conditional Use Permit.
A. RA (Rural Areas) District.
For parcels in the RA district with an allowed by-right use (excluding residences) or an approved
conditional use permit (CUP) the maximum size and number of signs that the owner or owners of the
property may erect and maintain at the entrances to the property are subject to the following requirements:
a) Signs in the RA district may be pole-mounted, hanging or monument style signs.
b) Number. One (1) sign is permitted per parcel.
c) Height. Signs in the RA district must not exceed 4 feet in height.
d) Size. Signs in the RA district must not exceed 25 square feet in sign area.
e) Illumination. All sign illumination must comply with requirements outlined in
§165-201.06(2)(C), sign illumination.
B. RA (Rural Areas), RP (Residential Performance), MH1 (Mobile Home Community District), R4
(Residential Planned Community) & R5 (Residential Recreational Community) Districts.
(1) Other than subdivision identification signs permitted at the development entrance, the only
other signs permitted are as provided in subsection 3(G) above. For residential developments
the maximum size and number of signs that the owner or owners of the residential
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Proposed Changes – Sign Ordinance
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development may erect and maintain at the entrances to the development are subject to the
following requirements:
a) Subdivision identification signs must be monument style signs.
b) Number. One (1) subdivision identification sign per entrance.
c) Height. Subdivision identification signs must not exceed eight (8) feet in height.
d) Size. Subdivision identification signs must not exceed 32 square feet in sign area.
e) Illumination. All sign illumination must comply with requirements outlined in §165-
201.06(2)(C), sign illumination.
(2) In areas with an approved conditional use permit for cottage occupations, for each lot or
parcel containing a residence, one (1) sign, in addition to any other sign permitted for the lot
or parcel, not to exceed five (5) feet in height nor four (4) square feet in area, such as a
cottage occupation sign, is allowed. Signs may be pole-mounted, hanging or monument style
signs. Illumination of such signs is prohibited.
(3) For parcels in the RP, MH1, R4 and R5 districts with an allowed by-right use (excluding
residences) or an approved conditional use permit (CUP) the maximum size and number of
signs that the owner or owners of the property may erect and maintain at the entrances to the
property are subject to the following requirements:
a) Signs in the RP, MH1, R4 and R5 districts must monument style signs.
b) Number. One (1) sign is permitted per parcel.
c) Height. Signs in the RP, MH1, R4 and R5 districts must not exceed 4 feet in height.
d) Size. Signs in RP, MH1, R4 and R5 districts must not exceed 25 square feet in sign
area.
e) Illumination. All sign illumination must comply with requirements outlined in §165-
201.06(2)(C), sign illumination.
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(11)
(12)
(13)
(14)
(15)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
C.
(1)
(2)
(3)
D.
E.
F.
G.
Temporary campaign signs.
Flag signs.
Informational signs.
Directional signs.
Temporary banner signs: not to be displayed for more than 30 days.
Signs allowed in certain districts. The following types of signs are allowed only if they are
specifically listed under the list of allowed uses for the zoning districts in which they are located:
Business signs.
Cottage occupation signs.
Freestanding building entrance signs.
Residential subdivision identification signs.
Multi-tenant complex signs.
Interstate overlay district signs.
Electronic message signs. Such electronic sign messages shall be displayed for a minimum of
two minutes, and shall not be animated by scrolling, flashing or other similar nonstatic displays.
In no case shall an electronic message sign occupy more than 50% of the area of a permitted
sign size.
Off-premises signs. In all zoning districts only multi-tenant complex signs, business signs,
directional signs and residential subdivision signs shall be allowed off-premises. No other type of
off-premises signs shall be allowed. Off-premises signs shall be freestanding monument signs.
Such signs shall be allowed only if a conditional use permit for that sign has been granted.
Conditions which may be placed on off-premises signs may include, but not be limited to, the
following:
[Amended 11-10-2010]
Appropriate separation shall be provided between the off-premises sign and surrounding
residences and other uses. The Board of Supervisors may require that such signs not be
visible from surrounding residences.
Off-premises signs shall be limited to a size, scale and height that does not detract from
surrounding properties and uses, and in no case shall exceed the size and height regulations
set forth in § 165-201.06 for freestanding signs.
Off-premises signs shall be properly separated from each other to avoid clutter along road
corridors, and in no case shall be less than the regulations set forth in § 165-201.06F.
Setbacks. All freestanding signs shall be set back at least 10 feet from lot lines or property
boundary lines. Signs that are attached to buildings shall meet the required setbacks for that
building. In general, freestanding building entrance signs shall not be located in front yard setback
areas. However, freestanding building entrance signs may be located in front yard setback areas as
long as they are no more than five feet from the entrance to the building or use designated.
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.
Height. The following restrictions shall apply to the height of signs:
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(1)
(2)
(3)
(4)
(5)
(6)
(a)
(b)
(c)
(7)
(8)
(9)
(1)
(2)
(3)
(4)
(5)
(6)
(a)
(b)
(c)
(7)
(8)
H.
I.
Wall-mounted signs shall not exceed the maximum height requirement for the zoning district in
which they are located. General office buildings and hotel or motel buildings allowed to exceed
the general height requirements for the underlying zoning district as per § 165-201.03B(6)
(Height limitations, exceptions) shall be allowed wall-mounted signs with a maximum height
not to exceed the maximum height requirement of § 165-201.03B(6).
Freestanding building entrance signs shall not exceed five feet in height.
Freestanding directional signs shall not exceed five feet in height.
Freestanding informational signs shall not exceed five feet in height.
Freestanding residential subdivision entrance signs shall not exceed eight feet in height.
All other freestanding signs located in the RA (Rural Areas) Zoning District shall not exceed 10
feet in height.
All other freestanding signs located in zoning districts other than the RA (Rural Areas) Zoning
District shall be permitted to establish a maximum sign height reflective of the roadway which
the site's entrance is located on, as such:
Signs along arterial roads shall not exceed 25 feet in height.
Signs along collector roads shall not exceed 15 feet in height.
Signs along all other roads shall not exceed 12 feet in height.
Sign height shall be measured from the grade level of the adjacent street to which the land
upon the sign is located.
In developments utilizing a multi-tenant complex sign, on-site freestanding business signs shall
not exceed 12 feet in height.
Size. The following restrictions shall apply to the size of signs:
Wall-mounted business signs shall be permitted to encompass 20% of the area of the wall to
which the sign is attached, provided that the total area of the wall-mounted business sign does
not exceed 200 square feet. In situations where there are more than eight individual building
users, each user shall not have a sign larger than 25 square feet.
Cottage occupation signs shall not exceed four square feet in area.
Freestanding building entrance sign shall not exceed four square feet in area.
Subdivision entrance signs shall not exceed 32 square feet in area.
Directional signs shall not exceed five square feet in area.
Informational signs shall not exceed 10 square feet in area.
All freestanding business signs located in zoning districts other than the RA (Rural Areas)
Zoning District shall be permitted to establish a maximum sign area reflective of the adjacent
roadways' classification, as such:
Signs along arterial roads shall not exceed 150 square feet.
Signs along collector roads shall not exceed 100 square feet.
Signs along other roads shall not exceed 50 square feet,
In developments utilizing a multi-tenant complex sign, on site freestanding business signs shall
not exceed 50 square feet.
Type. All freestanding business signs shall be monument signs.
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(1)
(2)
(3)
(4)
(5)
J.
(1)
(2)
K.
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(2)
L.
Number.
Freestanding business signs, excluding multi-tenant complex signs, in the M1 and M2 Districts
shall be limited to one per property.
Freestanding multi-tenant complex signs in the M1 and M2 Districts shall be limited to one per
business park.
Freestanding business signs, excluding multi-tenant complex signs, shall be limited to one per
property in all other districts where allowed.
Freestanding multi-tenant complex signs shall be limited to one per 1,200 linear feet of road
frontage per development in all other districts where allowed.
Cottage occupation signs shall be limited to one per business.
Maintenance. All signs shall be maintained in a state of good repair. Signs that are damaged,
structurally unsound or poorly maintained shall be repaired or removed within 30 days.
If an off-premises sign advertises a business or activity that is no longer being operated or
conducted or if a directional sign refers to a location where the advertised activities no longer
exist, that sign shall be considered to be abandoned and shall be removed by the owner within
30 days.
If the message portion of a sign is removed, the supporting structural components shall be
removed or the message portion replaced within 30 days.
Sign permits.
Before a sign may be constructed, reconstructed or altered, a sign permit shall be obtained
from the Frederick County Building Official.
The following signs shall be exempt from obtaining sign permits, provided they comply with
ordinance regulations:
Signs indicating the names or addresses of the occupants of residences.
Signs or bulletin boards associated with public institutions.
Commemorative plaques and historical markers.
Signs identifying civic, social, or other nonprofit organizations.
Private road signs.
Signs erected or required by a governmental agency.
Temporary yard sale signs.
Temporary real estate signs.
Temporary window signs.
Temporary construction signs.
Temporary campaign signs.
Directional signs.
Informational signs.
Flag signs.
15
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: January 26, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Utilities and Easements (§144-25)
Attachments:
DRRC01-26-23OA_UtilitiesandEasements.pdf
16
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 – Utilities and Easements
DATE: January 12, 2023
Proposal:
This is a proposal to amend Chapter 144 – Subdivision of Land to allow overhead utilizes in new industrial
parks, office parks, and shopping centers through waiver granted by the Board of Supervisors.
Current Zoning Ordinance Standards:
All utilities shall be installed underground (§144-25(B)).
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. Specifically, staff is seeking direction from the DRRC on what criteria, if
any, would be helpful in considering when it would be appropriate to grant a waiver and allow for
overhead utilities.
MTK/pd
Attachments: 1. Revised ordinance with additions shown in track changes.
2. Current Ordinance Standard
17
Proposed Changes – Chapter 144 – Utilities
Drafted November 3, 2022
Chapter 144 – Subdivision of Land
Article V Design Standards
§144-25 Utilities and easements.
A. Easements shall be recorded in subdivisions for all utility lines according to the requirements of
the relevant utility companies.
B. Underground utilities. All electric, telephone and cable television lines shall be installed
underground. This requirement may be waived by the Board of Supervisors for subdivisions and
lots in business and industrial zoning districts not requiring an 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. This
requirement may be waived by the Board of Supervisors for subdivisions and lots in business and
industrial zoning districts requiring an approved master development plan.
18
11/14/22, 10:35 AM Frederick County, VA Utilities and easements.
https://ecode360.com/print/FR1364?guid=8706763 1/1
A.
B.
Frederick County, VA
Monday, November 14, 2022
Chapter 144. Subdivision of Land
Article V. Design Standards
§ 144-25. Utilities and easements.
Easements shall be recorded in subdivisions for all utility lines according to the requirements of the
relevant utility companies.
Underground utilities. All electric, telephone and cable television lines shall be installed
underground. This requirement may be waived by the Board of Supervisors for subdivisions and
lots in business and industrial zoning districts not requiring an 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.
[Amended 9-26-2012]
19
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: January 26, 2023
Agenda Section: Other
Title: Development Review Fees
Attachments:
DRRC01-26-23Discussion_DevelopmentReviewFees.pdf
20
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: Development Review Fees Amendment
DATE: January 12, 2023
Proposal:
The new draft of the Development Review Fee schedule as proposed by staff is attached. Changes are as
follows: implementation of fees associated with permitting of Short-Term Lodging (also commonly known
as Airbnb; $200 permit fee and $100 permit renewal every two year fee); a reduction of bond management
fees for replacement of bonds from $500 to $300; and an increase of fee for postponement of public meeting
or public hearing by applicant after the item has been advertised (an increase from $500 to $750 to reflect
actual cost of readvertisement more accurately).
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by Staff and the
County Attorney. Staff is seeking comments from the DRRC to forward to the Planning Commission
and Board of Supervisors in their consideration of this proposal.
MTK/pd
Attachment: 1. Revised ordinance with additions shown in track changes.
21
FREDERICK COUNTY
DEVELOPMENT REVIEW FEES
Revised - 9/29/2022
COMPREHENSIVE PLAN AMENDMENT
$3,000 non-refundable
REZONING
$1,000 – Proffer amendments not requiring a public
hearing
$5,000 base + $100/acre – 2 acres or less
$10,000 base + $100/acre
More than 2, less than 150
$10,000 base + $100/acre first 150
+ $50/acre over 150 acres
SUBDIVISION
Non-Residential $1,000 base
Design Plan $200/lot
Plat $100/lot
Residential (RP, R4, R5)
Design Plan $2,500/base $100/lot
Plat $200/lot to 50 lots
$100/lot over 50 lots
Rural Areas (RA)
Sketch (Design) $2,500 base $200/acre
Plat $200/lot
Rural Areas (RA)
Minor – 3 lots or less $200/lot
Lot Consolidation $200/lot
Boundary Line Adj. $200/lot
VARIANCE $400
BZA APPEAL $250
ZONING CERTIFICATION LETTER $250
ZONING DETERMINATION LETTER $100
SUBDIVISION ORDINANCE
EXCEPTION $500
MASTER DEVELOPMENT PLAN
$ 3,000 base + $100/acre for first 150
+$50/acre over 150 acres
CONDITIONAL USE PERMIT
Cottage Occupation $75
Telecommunication Tower greater
than 50-FT in height $750
Other $750
ADMINISTRATIVE TOWERS PER 165-204.19
Up to five facilities/structures $100
Each additional facility $50
Small Cell Facilities $50
Co-location on an existing wireless structure $50
SITE PLAN
Non-residential: $2,500 base
$200/acre to 5 acres
$100/acre over 5 acres
Residential: $3,500 base
$300/unit to 20 units
$100/unit over 20 units
Minor Site Plan $500 for revision that increases existing
structure area by 20% or less & does not exceed 10,000sf
of disturbed area.
POSTPONEMENT of any Public Hearing or Public
Meeting by Applicant after Advertisement, to include
Applicant requests to TABLE an agenda item
$750/occurrence.
THIRD & SUBSEQUENT PLAN REVIEWS
(including County Attorney review) for a single
development application $ 500/review.
BOND MANAGEMENT
Establishment of bond $ 500
Reduction/Release $ 300
Replacement $ 300
TDR PROGRAM
TDR Application Review $300
(*Review includes TDR Letter of Intent)
TDR Certificate $200
Certificate Ownership Transfer $50
Receiving Property Approval $200
Review of Sending Property
Deed Covenant $100
Review of Deed of Transfer (Extinguishment Document)
$100
CHAPTER 161 FEES
Installation License $300
Septic Haulers Permit $200
Residential Pump and Haul $50
Commercial Pump and Haul $500
SHORT-TERM LODGING (STL)
Permit $200
STL Permit Renewals $100
22