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
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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