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DRRCAgenda2023February231.Zoning Ordinance Text Amendment Proposals 1.A.NAICS Conversion (B1, B2, & B3 Zoning Districts) This is a proposal to amend the County's business districts, B1 (Neighborhood Business), B2 (General Business), and B3 (Industrial Transition) districts, to update and convert to the North American Industry Classifications (NAICS) system. This proposed amendment was initiated by staff. 2.Other AGENDA DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE THURSDAY, FEBRUARY 23, 2023 7:00 PM FIRST-FLOOR CONFERENCE ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA DRRC02-23-23NAICSBusinessDistricts.pdf 1 Development Review and Regulations Committee Agenda Item Detail Meeting Date: February 23, 2023 Agenda Section: Zoning Ordinance Text Amendment Proposals Title: NAICS Conversion (B1, B2, & B3 Zoning Districts) Attachments: DRRC02-23-23NAICSBusinessDistricts.pdf 2 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Development Review and Regulations Committee (DRRC) FROM: Amy Feltner, Planner SUBJECT: Ordinance Amendment – Neighborhood Business District (B1), General Business District (B2), and Industrial Transition District (B3) – Transition to NAICS DATE: February 16, 2023 Proposal: This is a proposal to amend the County’s business zoning districts, B1 (Neighborhood Business), B2 (General Business), and B3 (Industrial Transition) Districts, to update and convert to the North American Industry Classification System (NAICS). The NAICS is an alternative system that is maintained and updated on a regular basis. The 2022 edition of the NAICS classification system was reviewed by staff and used in making the transition from SIC to NAICS. As amended, the “Allowed Uses” list for each district was updated to reflect NAICS terminology. Numeric SIC coding was removed. Further a statement was added to the “Intent” section specifying how the Zoning Administrator may interpret use definitions, using those definitions provided through NAICS resources. Given the broad impact this change will have on the Zoning Ordinance, the information contained herein is limited only to the use tables impacted. Other sections of the ordinance that reference SIC will also be amended to ensure consistency. The remaining planned, commercial and industrial zoning districts will also receive and update to NAICS and will be presented to DRRC at a future meeting (TBD). Current Zoning Ordinance Standard: The ordinance currently classifies industries using the Standard Industrial Classification System (SIC), which was last updated in 1987. The SIC includes many uses that have outdated terminology and definitions. Use of SIC presents a challenge to staff in making interpretations and determinations regarding uses. Conclusion and Requested Action: The attached document shows the existing ordinance with the proposed changes in track changes for the B1, B2, and B3 Zoning Districts 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 to identify any additions or deletions from the use list to better implement the intent of the district. ALF/pd Attachments: 1. B1 (Neighborhood Business) District – Clean copy 2. B1 District – Redline with track changes 3. B1 District – Current Standard (§165-602) 4. B2 (General Business) District – Clean copy 5. B2 District – Redline with track changes 6. B2 District – Current Standard (§165-603) 7. B3 (Industrial Transition) District – Clean copy 8. B3 District – Redline with track changes 9. B3 District – Current Standard (§165-604) 10. Current (Official) Zoning Map 3 Proposed Changes – B1 District Revised February 16, 2023 Part 602 B1 Neighborhood Business District [Amended 2/16/2023] § 165-602.01 Intent. The intent of this district is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods. The North American Industry Classification System (NAICS) may be used to assist the Zoning Administrator in classifying the permitted uses. Uses allowed primarily consist of limited retailing, convenience, and personal service uses. Business uses in this district should be small in footprint and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods. § 165-602.02 Allowed uses. Uses allowed in the B1 Neighborhood Business District are as follows: Allowed Uses Veterinary services for animal specialties (excluding horses), with all activities and animals kept within a fully enclosed primary structure Miscellaneous Retail Stores including Food, Drug, Health, and Personal Care not to exceed 15,000 square feet. Offices of Real Estate, Finance, and Insurance Personal and Laundry Services except Industrial Launderers Death Care Services except cemeteries Car Washes Offices of Physicians, Dentists and Other Health Practitioners Adult and Child Day-Care facilities Religious, Grantmaking, Civic, Professional, and Similar Organizations Public Administration and Government Buildings, including fire and ambulance services Utilities-Water, Sewage, and Other System – excluding power generation and Natural Gas Distribution Residential uses which are accessory to allowed business uses Parks Food Services, Restaurants and Other Eating Places excluding drive-thru facilities. Fitness and Recreational Sports Centers no larger than 10,000 square feet Postal Services 4 Proposed Changes – B1 District Revised February 16, 2023 Part 602 B1 Neighborhood Business District [Amended 4-10-1991 11-7-2022 2/16/2023] § 165-602.01 Intent. The intent of this district is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods. The North American Industry Classification System (NAICS) shallmay be used to assist the Zoning Administrator in classifying the permitted uses. Uses allowed primarily consist of limited retailing, convenience, and personal service uses. Business uses in this district should be small in size footprint and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods. § 165-602.02 Allowed uses. Uses allowed in the B1 Neighborhood Business District are as follows: Allowed Uses Standard Industrial Classification (SIC) Veterinary services for animal specialties (excluding horses), with all activities and animals kept within a fully enclosed primary structure [Added 5-27-2009] 0742 541 Food Stores 54 445 Apparel and accessory stores 56 458 Drugstores 591 456 Miscellaneous Retail shopping goods stores Stores including Food, Drug, Health, and Personal Care not to exceed 15,000 square feet. 594 Sector 44 & 45 (4583, 459, 4492, 4594 see above Electronics and Appliance Retailers Finance, insurance and real estate offices - Offices of Real Estate, Finance, and Insurance 53 (RE) & 52 Finance Personal services, except the following: 72 Industrial launderers 7217 Personal and Laundry Services except Industrial Launderers 812 Funeral homes and crematories Death Care Services except cemetariescemeteries 726812 Car washes 7542 811 Videotape rental 784 5322 5 Proposed Changes – B1 District Revised February 16, 2023 Medical offices Offices of Physicians, Dentists and Other Health Practitioners 801, 802, 803 and 804 Adult and Child Day-care Care facilities [Amended 9-23- 2001] -624 Civic, social and fraternal organizations Religious, Grantmaking, Civic, Professional, and Similar Organizations 864 813 Public Buildings Public Administration and Government Buildings, including fire and ambulance services - 92 Public utilities excluding energy-generating facilities [Amended 1-8-2020] Utilities-Water, Sewage, and Other System – excluding power generation and Natural Gas Distribution - 2213 Business signs - Signs allowed in §165-201.06B [Amended 2-13-2008 - Freestanding building entrance signs [Amended 2-13-2008] - Multi-Tenant complex signs [Amended 2-13-2008] - Electronic message signs [Amended 2-13-2008] - Residential uses which are accessory to allowed business uses - Parks - 71219 ChurchesPlaces of Religious Worship - 813 Restaurants Food Services, and Restaurants and Other Eating Places excluding drive-thru facilities. [Added 12-9-1992] 5812 722 Art dealers, art supplies and art framing [Added 4-26-1995] - 459 Fire stations, companies and rescue squads [Added 10-27-1999] - 92 Tobacco stores [Added 1-10-2001] 5993 459941 Accounting, auditing and bookkeeping services [Added 1-10-2001] -- 5412 Finance office above? Health clubs Fitness and Recreational Sports Centers no larger than 10,000 square feet [Added 2-22-2006] 7991 713940 Postal Services 6 PART 602 B1 Neighborhood Business District [Amended 4-10-1991] §165-602.01.Intent. The intent of this district is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods. Uses allowed primarily consist of limited retailing and personal service uses. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods. §165-602.02.Allowed uses. Uses allowed in the B1 Neighborhood Business District are as follows: Allowed Uses Standard Industrial Classification (SIC) Veterinary services for animal specialities (excluding horses), with all activities and animals kept within a fully enclosed primary structure [Added 5-27-2009] 0742 Food stores 54 Apparel and accessory stores 56 Drugstores 591 Miscellaneous shopping goods stores 594 Finance, insurance and real estate offices - Personal services, except the following:72 Industrial launderers 7217 Funeral homes and crematories 726 Car washes 7542 Videotape rental 784 Medical offices 801, 802, 803 and 804 Day-care facilities [Amended 9-23-2020]- Civic, social and fraternal organizations 864 Public buildings - Public utilities excluding energy-generating facilities [Amended 1-8-2020] - Business signs - §165-602.01 §165-602.02 :1 7 Allowed Uses Standard Industrial Classification (SIC) Signs allowed in §165-201.06B [Amended 2-13-2008] - Freestanding building entrance signs [Added 2-13-2008] - Multi-tenant complex signs [Added 2-13-2008]- Electronic message signs [Added 2-13-2008]- Residential uses which are accessory to allowed business uses - Parks - Churches - Restaurants [Added 12-9-1992]5812 Art dealers, art supplies and art framing [Added 4-26-1995] - Fire stations, companies and rescue squads [Added 10-27-1999] - Tobacco stores [Added 1-10-2001]5993 Accounting, auditing and bookkeeping services [Added 1-10-2001] -- Health clubs no larger than 10,000 square feet [Added 2-22-2006] 7991 §165-602.02 §165-602.02 :2 8 Proposed Changes – B2 District Revised February 16, 2023 Part 603 B2 General Business District [Amended 2-16-2023] § 165-603.01 Intent. The intent of this 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. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. The North American Industry Classification System (NAICS) may be used to assist the Zoning Administrator in classifying the permitted uses. § 165-603.02 Allowed uses. Allowed uses shall be as follows: Allowed Uses Veterinary services with all activities and animals kept within the fully enclosed primary structure, excluding livestock Pet Care (except Veterinary) Services, with all activities and animals kept within fully enclosed primary structure Building Materials and Garden Equipment Supplies Dealers excluding Tire Dealers Retail Trade excluding the following: Manufactured (Mobile Home) Dealers Food and Beverage Retailers, excluding the following: Fruit and Vegetable Stands Motor Vehicle and Parts Dealers Gasoline Stations with Convenience Stores excluding Fuel Dealers Food Services, Restaurants and Other Eating Places Finance and Insurance, and Office of real estate Hotels and motels, Dormitories, Rooming/Boarding Houses, and Travelers accommodations except RV Parks and Camps Coin-Operated Laundries and Drycleaners Death Care Services excluding Cemeteries Professional, Scientific, and Technical Services, excluding the following: Outdoor Display Advertising, Research and Development Services, and Test Laboratories. Broadcasting and Content Providers Services to Building and Dwellings including Pest Control, Janitorial Services, and Carpet Cleaning Services Car washes Personal and Household Goods Repair and Maintenance 9 Proposed Changes – B2 District Revised February 16, 2023 Movie Theaters, except Drive-In Theaters Amusement, Arts, Gambling, and Recreation Industries excluding the following: Amusement Parks or Theme Parks and Outdoor Shooting Health Care Services including Skilled Nursing Facilities Adult and Child Day-Care facilities General Business Offices Self-Service Storage Facilities Public Administration and Government Support Buildings, including fire and ambulance services Public Utilities excluding energy-generating facilities Residential uses which are accessory to allowed business uses Parks Religious, Grantmaking, Civic, Professional, and Similar Organizations Libraries Household Appliances and Electrical and Electronic Goods Merchant Wholesalers excluding the following: accessory outdoor storage Hardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers excluding the following: accessory outdoor storage Social Assistance Services excluding services that offer residential or housing accommodations Wired and Wireless Telecommunication Carriers (except Satellite) Personal Care Services including Hair, Nail, Beauty Salon, and Barber Shops, excluding Escort Services; Turkish Baths; and Steam Baths Model Homes Sales Offices Postal Services Consumer Goods Rental excluding lawn and garden equipment Technical and Trade Schools § 165-603.03 Conditional uses. Uses permitted with a conditional use permit shall be as follows: Adult retail uses meeting the minimum requirements of this chapter, any conditions imposed by the Board of Supervisors, and with the following minimum conditions: (a) Such uses shall be located at least 2,500 feet from the property line of existing adult retail uses, schools, churches, parks, day-care facilities and residential uses and districts. (b) Such uses shall not be permitted in shopping centers and/or multi-tenant buildings. (c) All merchandise display areas shall be limited to enclosed structures and shall not be visible from the 10 Proposed Changes – B2 District Revised February 16, 2023 outside. (d) Business signs shall not exceed a maximum of 25 square feet. No wall- mounted signs or window displays shall be permitted. (e) Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m. 11 Proposed Changes – B2 District Revised February 16, 2023 Part 603 B2 General Business District [Amended 8-8-1990; 6-11-1991; 6-8-1994; 7-10-1996; 2-26-1997; 8-13-19972-16-2023] § 165-603.01 Intent. The intent of this 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. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. The North American Industry Classification System (NAICS) shallmay be used to assist the Zoning Administrator in classifying the permitted uses. § 165-603.02 Allowed uses. Allowed uses shall be as follows: Allowed Uses Standard Industrial Classification (SIC) Veterinary services offices with all activities and animals kept within the fully enclosed primary structure, excluding the following livestock: Veterinary services livestock Pet Care (except Veterinary) Services Animal specialty services, except veterinary, with all activities and animals kept within fully enclosed primary structure [Added 1-10-21] Communication facilities and offices, including telephone, telegraph, radio, television, and other communications, excluding the following.1 [Amended 8-24-2004] Communications services, not elsewhere classified Paint, glass and wallpaper stores Hardware stores Building mMaterials and gGarden eEquipment sSupplies dDealers excluding the following: Tire Dealers Retail nurseries and lawn and garden supply stores General merchandise stores retailersRetail Trade excluding the following: Manufactured (Mobile Home) Dealers Food stores Food and Beverage Retailers, excluding the following: Fruit and Vegetable Stands [Amended 8-24-2004] Fruit and vegetable stands Motor Vehicle and Parts Dealers Automotive dealers and gasoline service stations Gasoline Sstations except fuel dealerswith Convenience Stores excluding Fuel Dealers Apparel and accessory stores Clothing and clothing accessories, shoes, and jewelry retailers Furniture, Home furniture, furnishings, Electronics, and equipment Appliance 12 Proposed Changes – B2 District Revised February 16, 2023 Retailers stores Food Services, and Restaurants and Other Eating PlacesRestaurants Miscellaneous retail, except for the following:Health and Personal Care Retailers Fuel dealers Flea markets, operated outdoors [Amended 11-10-2010] Sporting Goods, Hobby, Musical Instrument, Book, and Miscellaneous Retailers Finance, and insurance, and Office of real estate offices Hotels and motels, DormatoriesDormitories, and Rooming/Boarding Houses, and (OR Travelers accommodations except RV Parks and Camps Organization hotels and lodging Personal services, including laundry Coin-Operated Laundries and Drycleaners and funeral services, excluding the following: Linen supply [Added 8-24-2004] Dry cleaning plants [Added 8-24-2004] Industrial launderers Escort services [Added 8-24-2004] Turkish baths [Added 8-24-2004] Steam baths [Added 8-24-2004] Personal Care Services including Hair, Nail, Beauty Salons, and Barber Shops, excluding the following Escort Services [Added 8-24-2004] Turkish baths [Added 8-24-2004] Steam baths [Added 8-24-2004] Death Care Services excluding Cemeteries Business Services, excluding the following: Outdoor ad services [Added 8-24-2004] Miscellaneous equipment rental Automobile recovery service [Added 8-24-2004] Automobile repossession service [Added 8-24-2004] Exhibits building of by industrial contractors [Added 8-24-2004] Filling of pressure containers (aerosol) [Added 8-24-2004] Gas systems contract conversion from manufactured to natural gas [Added 8-24-2004] Produce weighting service [Added 8-24-2004] Product sterilization service [Added 8-24-2004] 13 Proposed Changes – B2 District Revised February 16, 2023 Repossession services [Added 8-24-2004] Salvaging of damaged merchandise not engaged in sales [Added 8-24-2004] Scrap steel cutting [Added 8-24-2004] Professional , Scientific, and Technical Services, excluding the following: Outdoor Display Advertising, Research and Development Services and Testing Laboratories. Outdoor Display Advertising Research and Development Services Electronics and Appliance Retailers Radio Broadcast and News Broadcast Stations Broadcasting and Content Providers Services to Building and Dwellings including Pest Control, Janitorial Services, and Carpet Cleaning Services Electronic Equipment and Repair, excluding the following: Car washes Miscellaneous repair services, Personal and Household Goods Repair and Maintenance excluding the following: [Added 8-24-2004] Welding repair Agricultural equipment repair Blacksmith shops Boiler cleaning and repair Cesspool cleaning Coppersmithing Dental and medical instrument repair Engine repair Farm machinery and tractor repair Farriers Horseshoeing Industrial truck repair Laboratory instrument repair Machinery cleaning Measuring and controlling instrument repair; mechanical Motorcycle repair service [Added 1-11-2017] Meteorological instrument repair Precision instrument repair Repair of optical instruments Repair of service station equipment Scale repair services Septic tank cleaning services Sewer cleaning services Surgical instrument repair Tank and boiler cleaning service Tank truck cleaning service Taxidermists Tinsmithing Motion picture theatersMovie Theaters, except drive-inDrive-In Theaters Videotape rental 14 Proposed Changes – B2 District Revised February 16, 2023 Amusement, Arts, Gambling, and Recreation Industries excluding the following: Amusement Parks or Theme Parks and Outdoor ShootingAmusement and recreation services operated indoors Golf driving ranges and miniature golf courses Health Care ServicesHealth services including Skilled Nursing Facilities Legal services Adult and Child Day-care Care facilities [Amended 9-23-2020] Membership organizations Professional, Scientific, and Technical Services Engineering, accounting, research, management and related services, excluding the following: [Amended 8-24-2004] Testing laboratories General business Business officesOffices Model home sales offices Self-service Service storage Storage Facilities facilities Public buildings Public Administration and Government Support Buildings, including fire and ambulance services Public utilities Ytilities excluding energy-generating facilities [Amended 1-8-2020] Business signs Signs allowed in §165-201.06B [Amended 2-13-2008] Freestanding building entrance signs [Amended 2-13-2008] Multi-tenant complex signs [Added 2-13-2008] Electronic message signs [Added 2-13-2008] Residential uses which are accessory to allowed business uses Parks Churches Religious, Grantmaking, Civic, Professional, and Similar OrganizationsPlaces of Religious Worship Libraries Electrical Supplies Household Appliances and Electrical and Electronic Goods Merchant Wholesalers excluding the following: accessory outdoor storage Hardware and plumbing and heating equipmentHardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers excluding the following: accessory outdoor storage Commercial batting cages operated outdoors Fire stations, companies and rescue squads Commercial sport and recreation clubs [Added 10-25-2000[\] Social Assistance services except for the following: excluding services that offer residential or housing accomodationsaccommodations [Added 4-23-2003] Residential care Wired and Wireless Telecommunication Carriers (except Satellite) Personal Care Services including Hair, Nail, Beauty Salon, and Barber Shops, excluding Escort Services; Turkish Baths; and Steam Baths 15 Proposed Changes – B2 District Revised February 16, 2023 Model Homes Sales Offices Postal Services Consumer Goods Rental excluding lawn and garden equipment Technical and Trade Schools [1] Editor’s Note: The entry for electric, gas and other utility facilities and offices, SIC No. 49, excluding sanitary services, SIC No. 495, which immediately followed this entry, was repealed 8-24-2004. § 165-603.03 Conditional uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classification (SIC) Adult retail uses meeting the minimum requirements of this chapter, any conditions imposed by the Board of Supervisors, and with the following minimum conditions: ----- (a) Such uses shall be located at least 2,500 feet from the property line of existing adult retail uses, schools, churches, parks, day-care facilities and residential uses and districts. (b) Such uses shall not be permitted in shopping centers and/or multi-tenant buildings. (c) All merchandise display areas shall be limited to enclosed structures and shall not be visible from the outside. (d) Business signs shall not exceed a maximum of 25 square feet. No wall- mounted signs or window displays shall be permitted. (e) Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m. 16 PART 603 B2 General Business District [Amended 8-8-1990;6-11-1991;6-8-1994;7-10-1996;2-26-1997;8-13-1997] §165-603.01.Intent. The intent of this 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. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. §165-603.02.Allowed uses. Allowed uses shall be as follows: Allowed Uses Standard Industrial Classification (SIC) Veterinary offices with all activities and animals kept within the fully enclosed primary structure, excluding the following:[Amended 8-24-2004] 074 Veterinary services livestock 0741 Animal specialty services, except veterinary, with all activities and animals kept within the fully enclosed primary structure [Added 1-10-2001] 0752 Communication facilities and offices, including telephone, telegraph, radio, television and other communications, excluding the following:1 [Amended 8-24-2004] 48 Communications services, not elsewhere classified 4899 Paint, glass and wallpaper stores 523 Hardware stores 525 Retail nurseries and lawn and garden supply stores 526 General merchandise stores 53 Food stores, excluding the following:[Amended 8-24-2004] 54 1.Editor's Note: The entry for electric, gas and other utility facilities and offices, SIC No. 49, excluding sanitary services, SIC No. 495, which immediately followed this entry, was repealed 8-24-2004. §165-603.01 §165-603.02 :1 17 Allowed Uses Standard Industrial Classification (SIC) Fruit and vegetable stands 5431 Automotive dealers and gasoline service stations 55 Apparel and accessory stores 56 Home furniture, furnishings and equipment stores 57 Restaurants 58 Miscellaneous retail, except for the following:59 Fuel dealers 598 Flea markets, operated outdoors [Added 11-10-2010] - Finance, insurance and real estate offices - Hotels and motels 701 Organization hotels and lodging 704 Personal services, including laundry and funeral services, excluding the following: 72 Linen supply [Added 8-24-2004]7213 Dry cleaning plants [Added 8-24-2004]7216 Industrial launderers 7218 Escort services [Added 8-24-2004]7299 Turkish baths [Added 8-24-2004]7299 Steam baths [Added 8-24-2004]7299 Business services, excluding the following:73 Outdoor ad services [Added 8-24-2004]7312 Miscellaneous equipment rental 735 Automobile recovery service [Added 8-24-2004]7389 Automobile repossession service [Added 8-24-2004] 7389 Exhibits building of by industrial contractors [Added 8-24-2004] 7389 Filling of pressure containers (aerosol)[Added 8-24-2004] 7389 Gas systems contract conversion from manufactured to natural gas [Added 8-24-2004] 7389 §165-603.02 §165-603.02 :2 18 Allowed Uses Standard Industrial Classification (SIC) Produce weighting service [Added 8-24-2004]7389 Product sterilization service [Added 8-24-2004]7389 Repossession service [Added 8-24-2004]7389 Salvaging of damaged merchandise not engaged in sales [Added 8-24-2004] 7389 Scrap steel cutting [Added 8-24-2004]7389 Car washes 7542 Miscellaneous repair services, excluding the following:[Amended 8-24-2004] 76 Welding repair 7692 Agricultural equipment repair 7699 Blacksmith shops 7699 Boiler cleaning and repair 7699 Cesspool cleaning 7699 Coppersmithing 7699 Dental and medical instrument repair 7699 Engine repair 7699 Farm machinery and tractor repair 7699 Farriers 7699 Horseshoeing 7699 Industrial truck repair 7699 Laboratory instrument repair 7699 Machinery cleaning 7699 Measuring and controlling instrument repair; mechanical 7699 Motorcycle repair service [Added 1-11-2017]7699 Meteorological instrument repair 7699 Precision instrument repair 7699 Repair of optical instruments 7699 Repair of service station equipment 7699 Scale repair service 7699 §165-603.02 §165-603.02 :3 19 Allowed Uses Standard Industrial Classification (SIC) Septic tank cleaning service 7699 Sewer cleaning service 7699 Surgical instrument repair 7699 Tank and boiler cleaning service 7699 Tank truck cleaning service 7699 Taxidermists 7699 Tinsmithing 7699 Motion picture theaters, except drive-in 7832 Videotape rental 784 Amusement and recreation services operated indoors 79 Golf driving ranges and miniature golf courses 7999 Health services 80 Legal services 81 Day-care facilities [Amended 9-23-2020]- Membership organizations 86 Engineering, accounting, research, management and related services, excluding the following:[Amended 8-24-2004] 87 Testing laboratories 8734 General business offices - Model home sales offices - Self-service storage facilities - Public buildings - Public utilities excluding energy-generating facilities [Amended 1-8-2020] - Business signs - Signs allowed in §165-201.06B [Amended 2-13-2008] - Freestanding building entrance signs [Amended 2-13-2008] - Multi-tenant complex signs [Added 2-13-2008]- Electronic message signs [Added 2-13-2008]- §165-603.02 §165-603.02 :4 20 Allowed Uses Standard Industrial Classification (SIC) Residential uses which are accessory to allowed business uses - Parks - Churches - Libraries - Electrical supplies 506 Hardware and plumbing and heating equipment 507 Commercial batting cages operated outdoors - Fire stations, companies and rescue squads [Added 10-27-1999] - Commercial sport and recreation clubs [Added 10-25-2000] -- Social services, except for the following:[Added 4-23-2003] 83 Residential care 836 §165-603.03.Conditional uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classification (SIC) Adult retail uses meeting the minimum requirements of this chapter, any conditions imposed by the Board of Supervisors, and with the following minimum conditions: ----- (a)Such uses shall be located at least 2,500 feet from the property line of existing adult retail uses, schools, churches, parks, day-care facilities and residential uses and districts. (b)Such uses shall not be permitted in shopping centers and/or multi-tenant buildings. (c)All merchandise display areas shall be limited to enclosed structures and shall not be visible from the outside. §165-603.02 §165-603.03 :5 21 Conditional Uses Standard Industrial Classification (SIC) (d)Business signs shall not exceed a maximum of 25 square feet. No wall- mounted signs or window displays shall be permitted. (e)Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m. §165-603.03 §165-603.03 :6 22 Proposed Changes – B3 District Revised February 16, 2023 Part 604 B3 Industrial Transition District [Amended 2-16-2023] § 165-604.01 Intent. The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. The North American Industry Classification System (NAICS) may be used to assist the Zoning Administrator in classifying the permitted uses. § 165-604.02 Allowed uses. Allowed uses are as follows: Allowed Uses Veterinary services with all activities and animals kept within the fully enclosed primary structure excluding livestock. Pet Care (except Veterinary) Services, with all activities and animals kept within the fully enclosed primary structure Landscape and Horticultural Services Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and Special Trade Contractors Commercial Printing Transit and Ground Passenger Transportation and support services and related support activities Truck Transportation and related support activities Air Transportation and related support activities Travel Arrangement and reservation services Telecommunication Facilities and Offices, Broadcasting and Content Providers, including wired and wireless telephone, radio, television and other satellite communications. Electric, Gas, and other utility facilities and offices, excluding the following: Sanitary Services Warehousing and Storage Advertising Specialties – wholesale 23 Proposed Changes – B3 District Revised February 16, 2023 Building Materials, Hardware, Garden Supply, and Retail Nurseries Manufactured (Mobile) Home Dealers Motor Vehicle and Parts Dealers Gasoline Stations with Convenience Stores excluding Fuel Dealers Wholesale Trade Businesses Food and Beverage Retailers Food Services, Restaurants and Other Eating Places Coin-Operated Laundries and Drycleaners Administrative and Support Services Professional, Scientific, and Technical Services including Testing Laboratories General Automotive and Truck Repair, Services and Parking Personal and Household Goods Repair and Maintenance Electronic Precision Equipment Repair and Maintenance Movie Theaters, including drive-in theaters Amusement, Arts, Gambling, and Recreation Industries excluding the following: Amusement Parks or Theme Parks and Outdoor Shooting Ranges Self-Service Storage Facilities Vocational Schools (Technical, Trade, Business, Computer and Management Training) Religious, Grantmaking, Civic, Professional, and Similar Organizations General Business Offices Model Home Sales Accessory Retailing Public Administration and Government Support Buildings, including fire and ambulance services Public Utilities Residential uses which are accessory to allowed business uses Parks Flex-Tech Car, Truck, Utility Trailers, and RV (Recreational Vehicle) Rental and Leasing Postal Services Consumer Goods Rental 24 Proposed Changes – B3 District Revised February 16, 2023 § 165-604.03 Conditional uses. Uses permitted with a conditional use permit shall be as follows: Conditional Uses Tractor truck and tractor truck trailer parking 25 Proposed Changes – B3 District Revised February 16, 2023 Part 604 B3 Industrial Transition District [Amended 2-16-2023] § 165-604.01 Intent. The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. The North American Industry Classification System (NAICS) shallmay be used to assist the Zoning Administrator in classifying the permitted uses. § 165-604.02 Allowed uses. Allowed uses are as follows: Allowed Uses Standard Industrial Classification (SIC) Veterinary services with all activities and animals kept within the fully enclosed primary structure [Amended 1-10-2001] excluding livestock. 074 Animal specialty services, except veterinaryPet Care (except Veterinary) Services, with all activities and animals kept within the fully enclosed primary structure [Added 1-10-2001] 752 812910 Landscape and horticultural Horticultural servicesServices 078 561730 Offices and storage facilities for building construction contractors, heavy construction contractors and special trade contractors 15, 16 and 17 236, 237, 238 Commercial printing 275 32311 Local and suburban transit and interurban highway passenger transportation Transit and Ground Passenger Transportation and support services and related support activities 41 488 Motor freight transportation and warehousing Truck Transportation and related support activities 42 484 & 4885 Transportation by air Air Transportation and related support activities 45 481 & 4881 Transportation services Travel Arrangement and Reservation Services 47 5615 TeleCommunication Telecommunication facilities and offices, broadcasting and content providers, including wired and wireless telephone, telegraph, radio, television and other Satellite communications. 48 516 & 517 26 Proposed Changes – B3 District Revised February 16, 2023 Electric, gas, and other utility facilities and offices and trucking and warehousing, excluding the following: 49 221 Sanitary Services 49522132 Warehousing and Storage 422 484 Advertising specialties – wholesale [Added 8-24-2004] 5199 424990 Building materials, hardware, garden supply, mobile home dealers and retail nurseries 52 444 Manufactured (mobile) Home Dealers 45993 Automotive dealersMotor Vehicles and Parts Dealers and gasoline service station 55 441 Gasoline Stations with Convenience Stores excluding Fuel Dealers 4571 Wholesale trade businesses - 42 Food and Beverage RetailersStores [Added 12-12-2007] 5411 445 Food Services, and Restaurants and Other Eating PlacesRestaurants [Added 5-26-2004] 58 7225 Laundry, dry-cleaning and garment services, excluding the following: 721 Coin-operated laundries 7215 Linen supply [Added 8-24-2004] 7213 Dry-cleaning plants [Added 8-24-2004] 7216 Coin-Operated Laundries and Drycleaners 812310 Business servicesAdministrative and Support Services 73 561 Professional, Scientific, and Technical Services including Testing Laboratories, excluding Scientific research and Development services 541 General Automotive and Truck rRepair, services Services and parkingParking 75 81 Miscellaneous repair services Personal and Household Goods Repair and Maintenance 76 8114 Electronic Precision Equipment Repair and Maintenance 8112 Drive-in-motion picture theatersMovie Theaters, including drive-in theaters 7833 512132 Amusement, Arts, Gambling, and Recreation Industries excluding the following: Amusement Parks or Theme Parks and Outdoor Shooting 79 27 Proposed Changes – B3 District Revised February 16, 2023 RangesAmusement and recreation services operated indoors Self-service storage facilities - 531130 Vocational Schools (Technical, Trade, Business, Computer and Management Training) 824 6114 & 6115 Business associations 861 81391 Religious, Grantmaking, Civic, Professional, and Similar OrganizationsProfessional membership organizations 862 81392 Labor unions and similar labor organizations 863 81393 Engineering, accounting, research, management and related services Professional, Scientific, and Technical Services 87 54 Testing laboratories [Added 8-24-2004] 8734 54138 General business offices - Model home sales officeModel Home Sales - Accessory retailing - Public buildings Public Administration and Government Support Buildings, including fire and ambulance services - 92 Public utilities [Amended 1-8-2020] -22 Business signs - Signs allowed in § 165-201.06B [Amended 2-13-2008] - Freestanding building entrance signs [Amended 2-13-2008 - Multi-tenant complex signs [Added 2-13-2008] - Electronic message signs [Added 2-13-2008] - Residential uses which are accessory to allowed business uses - Parks -712190 Flex-Tech [Added 2-11-1998] - Fire stations, companies and rescue squads [Added 10-27-1999] -see 92 Car, Truck, Utility Trailers, and RV (Recreational Vehicle) Rental and Leasing Postal Services Consumer Goods Rental 28 Proposed Changes – B3 District Revised February 16, 2023 § 165-604.03 Conditional uses. [Added 5-12-2010] Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classification (SIC) Tractor truck and tractor truck trailer parking -- 29 PART 604 B3 Industrial Transition District §165-604.01.Intent. The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. §165-604.02.Allowed uses. Allowed uses are as follows: Allowed Uses Standard Industrial Classification (SIC) Veterinary services with all activities and animals kept within the fully enclosed primary structure [Amended 1-10-2001] 074 Animal specialty services, except veterinary, with all activities and animals kept within the fully enclosed primary structure [Added 1-10-2001] 752 Landscape and horticultural services 078 Offices and storage facilities for building construction contractors, heavy construction contractors and special trade contractors 15, 16 and 17 Commercial printing 275 Local and suburban transit and interurban highway passenger transportation 41 Motor freight transportation and warehousing 42 Transportation by air 45 Transportation services 47 Communication facilities and offices, including telephone, telegraph, radio, television and other communications 48 Electric, gas and other utility facilities and offices and trucking and warehousing, excluding the following: 49 §165-604.01 §165-604.02 :1 30 Allowed Uses Standard Industrial Classification (SIC) Sanitary services 495 Advertising specialties - wholesale [Added 8-24-2004]5199 Building materials, hardware, garden supply, mobile home dealers and retail nurseries 52 Automotive dealers and gasoline service stations 55 Wholesale trade businesses - Food stores [Added 12-12-2007]5411 Restaurants [Added 5-26-2004]58 Laundry, dry-cleaning and garment services, excluding the following: 721 Coin-operated laundries 7215 Linen supply [Added 8-24-2004]7213 Dry-cleaning plants [Added 8-24-2004]7216 Business services 73 Automotive repair, services and parking 75 Miscellaneous repair services 76 Drive-in motion picture theaters 7833 Amusement and recreation services operated indoors 79 Self-service storage facilities - Vocational schools 824 Business associations 861 Professional membership organizations 862 Labor unions and similar labor organizations 863 Engineering, accounting, research, management and related services 87 Testing laboratories [Added 8-24-2004]8734 General business offices - Model home sales office - Accessory retailing - Public buildings - Public utilities [Amended 1-8-2020]- §165-604.02 §165-604.02 :2 31 Allowed Uses Standard Industrial Classification (SIC) Business signs - Signs allowed in §165-201.06B [Amended 2-13-2008] - Freestanding building entrance signs [Amended 2-13-2008] - Multi-tenant complex signs [Added 2-13-2008]- Electronic message signs [Added 2-13-2008]- Residential uses which are accessory to allowed business uses - Parks - Flex-Tech [Added 2-11-1998]- Fire stations, companies and rescue squads [Added 10-27-1999] - §165-604.03.Conditional uses.[Added 5-12-2010] Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classification (SIC) Tractor truck and tractor truck trailer parking -- §165-604.02 §165-604.03 :3 32 82 8381 84 8580 86 8779 90 77 9188 92 93 76 89 94 7574 5655 73 54 72 535251 71 50 70 49 66 48 65 47 6968 64 36 44404241393843 67 37 45 6362 312925 33 342827263032 6160595857 05 06 07 23211816 24 08 201917 22 02 09 10 11 03 12 13 04 14 15 01 35 46 78 §¨¦81 §¨¦81 §¨¦81 §¨¦81 §¨¦66 £¤11 £¤522 £¤522 £¤522 £¤522 £¤50 £¤522 £¤522 £¤50 £¤50 £¤11 ¬«55 ¬«7 ¬«259 ¬«127 ¬«277 ¬«7 ¬«37 ¬«7 ¬«37 FAI R F A X P I K E PAYNE RDWARDENSVILLEPIKEVALLEYPIKEWARM SPRINGS RDR E LIA N C E R D SINGHASS RDCOSTELLODR P A P E R M I L L R DMERRIMANS LNREDLAND RD MILLE R R D SPLEASANTVALLEYRDCARPERS PIKENEWLINSHILLRDGORERDMILL W O O D P I K EHUNTING RIDGE RDG A I N E S B O R O R D WELLTOWN RDFAIRFAX PI K E TASKER RDBURNTCHURCHRD ROUNDHILLRDSILER RDRED O A K R D GOLDS HILL RD M A G I C MOUNTAI NRDDICKS HOLLOW RDCROSSJUNCTI O N RDPOORHOUSE RDEPARKINSMILLRDVICTORY RDWARDENSVILLE GRN TIMBER RIDGE RDINDIANHOLLOWRD S T O N Y H IL L R DNSLEEPYCREEKRDKNOB RDPRINCE FREDERICK DRSULPHUR SPRINGRDMORGANRDMOUNTOLIVERDS TIMBER RIDGE RDGREENWOODRDCHESTNUTGROVERDBL O O M E R Y P I K E BACK MOUNTAIN RDNHAYFIELDRDCEDARGROVERDRIDG E V I E W R D BROOKERDS HAYFIELD RDSHAWNEE DRHEDRICK LNBAKER LNNEWHOPERDMCDONALDRDRITTERRDBRUCET O W N R D MIDDLERDKINGSP A N W A Y EBENEZER CHURCH R D PACKHORSERDNORTHWESTERNPIKE BROOKNEILDR AMHER S T S T J O R D A NSPRI NGSRDMORGANMILLRDCH A P E L R D HOL LOW RDFAIRVIEW RDREST CHURCH RD VALLEYMILLRD AP P L E V A L L E Y R D CARPERSVALLEYRD HUDSONHOLLOWRDFRONT ROYAL PIKEBRYARLY RD D O U BL E C H U R C H R D CHAPEL HILL RD FAIR LNSH A D Y C R E E K R DFLETCHERRD VALLEY PIKEFORTCOLLIERRDLENOIR DRMORRISONS RDCEDAR CREEK GRMAR A N T O M A N O R D R B ETH EL G R A N G E R D SHADY ELM RDMUSE RDH OPEWELLRD INDEP E N D E N CEDRWARRIOR DRWOODS MILL RDWEEMS LN WHITE OAK RDO LDBALTIMORERDFRONTROYALPIKEAIRP O R T R D TOWNRUNLNCOLLINSVILLE RDSIR JOHNS RD MARTINSBURGPIKEGLAIZEORCHARDRD COUG ILLRD GLENDOBBI N R D PARKCENTERDR SHOCKEYSVIL L E R D MEADOW MILLS RDLIGHTRDWHISSENS RIDGE RDMINEBANK RDS A IN T C L A I R R D GUNCLUBRDSENSENYRD NORTHWESTERNPIKE HITES RDCATTAI L R D N F R E D E R I C K P I K E AYLORRDMIDDLE FORK RDCEDAR HILL RD O L D M IDDLERDWHIT E H A L L R D APPLE PIE RIDGE RDBERRYVILLEPIKE WOODBINE RD PARISHVILLE RDGREENSPRINGRDVETERANS RDWRIGHTRDSNOWDENBRIDGEBLVDMACEDONIA CHURCH RD CANTERBU R G R D RIDINGCHAPELRD RT37 SMARLBORO RD GRACE C H U R C H R D JONESRDB RIC K KILN RD PERRY RDCOLE L NWHITACRERDBACK CREEK RDWI N D I N G H I L L R DWOODCHUCK LNHUTTLE RDNPIFERRD SPRINGDALE RDMARPLE RDCARTERS LNVALLEY PIKEBRUSHCREEKRD ARBOR CTMILLWOOD PIKEFLINTRIDGELN SADDLEBACK LNREYNOLDS RDMARTINSBURGPIKEOATES RDGERMANY RDCEDARCREEKGRMCGHEERDGLENGARY RDBOUNDARY AVEBELLE VIEW LNSTEPHENSONRD YARDMASTER CT JOHN DEERE CTBUFFALOMARSHRDOLDCHARLESTOWNRD LAU R E L G R O V E R D HUNTINGRIDGERDGARDNERSRDCHAPEL LN FI S H E L R D MICHAEL DRVAUCL U S E R DS PIFER RDBRANSON S P R I N G R D CALDWELLLNSTARTANNERYRDPASSAGE LNWISE MILL L N BURNTFACTORYRDMCCU N E R D KLINES M I L L R D MILBURN RDARMEL RDSTAR TANNERY RDAIRPOR T RDTHREECREEKSRDRT37 NHILLANDALELNFROGHOLLOWRDS B U C K T O N R D GO U G H R D BE L L EGROVERDTYSON DRMORGANFREDERICKGRINDIAN HOLLOW RDB RI L L RDWBROOKERDMOUNTAINFALLSRD PINE RD F R O M ANS RD ADAMS RDWAVERLYRDMC C U B BINRDCLA R K R D CATALP A R D ROCKY FORD RDEDDYSLNBAB B SMOUNTAINRDGRAVELS P R IN G S R D CUMBERLAND TRAIL RD N BUCKTON RDW PARKINS MILLRD HIATT RD GRIM RDR E D B UDRD BA R L E Y L NSSLEEPYCREEKRDFuture RT 37 Urban Development Area SWSA Approved TDR Properties Zoning B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) Agricultural & Forestal Districts Apple Pie Ridge Albin South Timber Ridge South Frederick Hayfield Back Mountain Reliance Double Church Red Bud Green Spring George Washington National Forest Official Zoning Map Created by Frederick County Department of Planning & Development 107 N Kent Street Suite 202 Winchester, VA 22601 540.665.5651 www.fcva.us July 2022 AMENDMENTS:JULY 14, 2021 (REZ #01-21)JULY 14, 2021 (REZ #02-21)JULY 14, 2021 (REZ #03-21)SEPTEMBER 22, 2021 (REZ #04-21)OCTOBER 13, 2021 (SWSA EXPANSION)NOVEMBER 10, 2021 (AG/FORESTAL DISTRICTS)JANUARY 12, 2022 (REZ #05-21)MAY 25, 2022 (REZ #02-22)JULY 13, 2022 (REZ #03-22) Frederick County, VAOfficial Zoning Map 0 2 41 Miles µBACK MOUNTAIN RDWARDENSVILLE GRWARDENSVILLE GR33