DRRCAgenda2023March231.Zoning Ordinance Text Amendment Proposals
1.A.NAICS Conversion (B1, B2 & B3 Zoning Districts)
Review of revisions from February 23, DRRC meeting to business zoning districts.
1.B.NAICS Conversion (M1, M2 & TM Zoning Districts)
This is a proposal to amend the County's industrial zoning districts to update and
convert to the North American Industry Classifications System (NAICS).
This proposed amendment was initiated by staff.
1.C.Shipping Containers
This is a proposal to allow shipping containers as an accessory structure in certain
zoning districts.
This proposed amendment was initiated by staff at the direction of the County Attorney.
2.Other
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, MARCH 23, 2023
7:00 PM
FIRST-FLOOR CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
DRRC03-23-23OA_ConversiontoNAICS_BusinessDistricts.pdf
DRRC03-23-23OA_ConversiontoNAICS_IndustrialDistricts.pdf
DRRC03-23-23OA_Shipping Containers.pdf
1
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: March 23, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: NAICS Conversion (B1, B2 & B3 Zoning Districts)
Attachments:
DRRC03-23-23OA_ConversiontoNAICS_BusinessDistricts.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 – Conversion to NAICS – Business Districts
DATE: March 13, 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).
Current Zoning Ordinance Standard:
The ordinance currently classifies industries using the Standard Industrial Classification System (SIC),
which was last updated in 1987.
Conclusion and Requested Action:
The DRRC discussed the business zoning districts on February 23, 2023. Only one (1) change was
recommended by the committee, to remove “car washes” from the allowed use list in the B1 District. This
revision has been made by staff, in addition to a final staff review of all the allowed uses. The attached
document shows the “clean” version of the proposed changes. Staff are seeking any final comments on
the business districts from the DRRC to forward to the Planning Commission and Board of
Supervisors for discussion.
ALF/pd
Attachments: 1. B1 (Neighborhood Business) District – Clean copy
2. B2 (General Business) District – Clean copy
3. B3 (Industrial Transition) District – Clean copy
3
Proposed Changes – B1 District
Revised March 13, 2023
Part 602
B1 Neighborhood Business District
[Amended 3-13-2023]
§ 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
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
Public Utilities excluding power generating facilities
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 – 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 excluding 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
5
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 (excluding 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
6
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.
7
Proposed Changes – B3 District
Revised March 13, 2023
Part 604
B3 Industrial Transition District
[Amended 3-13-2023]
§ 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
8
Proposed Changes – B3 District
Revised March 13, 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 excluding livestock, farm products, mining and chemical storage
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, Motorcycle, 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
9
Proposed Changes – B3 District
Revised March 13, 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
10
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: March 23, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: NAICS Conversion (M1, M2 & TM Zoning Districts)
Attachments:
DRRC03-23-23OA_ConversiontoNAICS_IndustrialDistricts.pdf
11
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 – Conversion to NAICS – Industrial Districts
DATE: March 13, 2023
Proposal:
This is a proposal to amend the County’s industrial zoning districts, the M1 (Light Industrial), M2
(Industrial General), and TM (Technology-Manufacturing Park) 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 an 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
industrial and other planned 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. M1 (Light Industrial) District – Clean copy
2. M1 District – Redline with track changes
3. M1 District – Current Standard (§165-606)
4. M2 (General Industrial) District – Clean copy
5. M2 District – Redline with track changes
6. M2 District – Current Standard (§165-607)
7. TM (Technology-Manufacturing Park) District – Clean copy
8. TM District – Redline with track changes
9. TM District – Current Standard (§165-605)
10. Current (Official) Zoning Map
12
Proposed Changes – M1 District
Revised March 13, 2023
Part 606
M1 Light Industrial District
[Amended 3-13-2023]
§ 165-606.01 Intent.
The intent of this district is to provide for a variety of light manufacturing, commercial office and heavy
commercial uses in well-planned industrial settings. Uses are allowed which do not create noise, smoke, dust
or other hazards. Uses are allowed which do not adversely affect nearby residential or business areas. Such
industrial areas shall be provided with safe and sufficient access. The North American Industry Classification
System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.
§ 165-606.02 Allowed uses.
Allowed uses are as follows:
Allowed Uses
Landscape and Horticultural Services
Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and
Special Trade Contractors
Food, Beverage, and Tobacco Manufacturing excluding Seafood Product Preparation and Packaging and
Animal Slaughtering and Processing
Textile Products and Textile Mill Products
Apparel Manufacturing
Veneer, Plywood, and Engineered Wood Product Manufacturing
Furniture and Related Production Manufacturing
Converted Paper Product Manufacturing
Printing, Publishing and Allied Industries
Pharmaceutical and Medicine Manufacturing
Plastics and Rubber Products Manufacturing including Footwear Manufacturing
Other Miscellaneous Manufacturing
Concrete Block and Brick and Related Products
Fabricated Metal Products Manufacturing, excluding the following: Coating, Engraving and Allied
13
Proposed Changes – M1 District
Revised March 13, 2023
Services, Ammunition (except for small arms), Ordnance and Accessories.
Machinery Manufacturing and Computer & Electrical Product Manufacturing
Electrical Equipment, Appliance, and Component Manufacturing excluding Battery Manufacturing
Transportation Equipment Manufacturing
Transit and Ground Passenger Transportation
Truck Transportation
Air Transportation
Travel Arrangement and Reservation Services
Telecommunication Facilities and Offices, Broadcasting and Content Providers, including wired and
wireless telephone, radio, television and other satellite communications.
Public Utilities
Wholesale Trade
Food Services, Restaurants, and Other Eating Places
Drycleaning and Laundry Services except Coin Operated Laundries
Professional, Scientific and Technical Services including Testing Laboratories
Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing
General Automotive, Motorcycle and Truck Repair, Services and Parking
Commercial and Industrial Machinery and Equipment Repair and Maintenance
Machinery Cleaning
Waste Management & Remediation Services including glass, carboard, and plastics recycling and
excluding incinerators.
Fabricated Metal Product Manufacturing
Technical and Trade Schools
General Business Offices not providing services to the general public on a regular basis as the primary use
Public Administration and Government Support Buildings
Residential uses which are accessory to allowed business uses
14
Proposed Changes – M1 District
Revised March 13, 2023
§ 165-606.03 Conditional uses.
Uses permitted with a conditional use permit shall be as follows:
Parks
Regional Criminal Justice, Enforcement, and Detention Facilities
Truck or Fleet Maintenance Facilities
Self-Service Storage Facilities
Flex-Tech
Postal Services
Conditional Uses
Tractor Truck and Tractor Truck Trailer Parking
Amusement, Arts, Gambling, and Recreation Industries excluding the following: Amusement Parks or
Theme Parks and Outdoor Shooting Ranges
15
Proposed Changes – M1 District
Revised March 13, 2023
Part 606
M1 Light Industrial District
[Amended 3-13-2023]
§ 165-606.01 Intent.
The intent of this district is to provide for a variety of light manufacturing, commercial office and heavy
commercial uses in well-planned industrial settings. Uses are allowed which do not create noise, smoke, dust
or other hazards. Uses are allowed which do not adversely affect nearby residential or business areas. Such
industrial areas shall be provided with safe and sufficient access. The North American Industry Classification
System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.
§ 165-606.02 Allowed uses.
Allowed uses are as follows:
Allowed Uses Standard Industrial
Classification
(SIC)
NAICS
Landscape and Hhorticultural Sservices 078 561730
Offices and Sstorage Ffacilities for Bbuilding Cconstruction
contractorsContractors, heavy Heavy construction Construction
contractors Contractors and special Special trade Trade
contractorsContractors
15, 16 and 17 236, 237, 238
Manufacturing as follows: Food, Beverage, and Tobacco
Manufacturing excluding Seafood Product Preparation and
Packaging and Animal Slaughtering and Processing
-- 311 & 312
Dairy products manufacturing 202 3115
Canned, frozen and preserved fruits, vegetables and soup mixes
Fruit and Vegetable Preserving and Specialty Food
Manufacturing
203 3114
Bakeryies and Tortilla products Manufacturing 205 3118
Sugar and confectionary products Manufacturing 206 3113
Beverages [Amended 8-12-2009] Manufacturing 208 3121
16
Proposed Changes – M1 District
Revised March 13, 2023
Miscellaneous food preparations and products, excluding the
following:
209
Canned and cured fish and seafood 2091 3117
Fresh or frozen fish and seafood 2092 3117
Textile Products and Textile mill Mill productsProducts 22 313 & 314
Apparel or other finished products made from fabrics and
similar material Manufacturing
23 315
Lumber and wood products, excluding the following: Veneer,
Plywood, and Engineered Wood Product Manufacturing
24 321
Logging 241 113
Sawmills and planing mills 242 3211/3219
Wood preserving 2491 3211
Furniture and fixturesand rRelated pProduction
mManufacturing
25 337
Paperboard containers and boxes Converted Paper Product
Manufacturing
265 3222
Converted paper and paperboard products, except containers
and boxes
267
Printing, publishing Publishing and allied Allied
industriesIndustries
27 323 & 513
Drugs Pharmaceutical and Medicine Manufacturing 283 3254
Rubber and miscellaneous plastic products Plastics and Rubber
Products Manufacturing including Footwear Manufacturing
30 326/3162
Other Miscellaneous Manufacturing 339
Concrete block Block and brick Brick and related Related
productsProducts
3271 327331
Fabricated metal Metal products Products Manufacturing,
excluding the following: [Amended 9-23-2009 Coating,
Engraving and Allied Services, Ammunition (except for small
arms), Ordnance and Accessories.
34 332
Coating, engraving and allied services 347 3328
17
Proposed Changes – M1 District
Revised March 13, 2023
Ammunition, except for small arms 3483 332993
Ordnance and accessories, not elsewhere classified (NAICS
groups small arms with accessories)
3489 332994
Industrial and commercial Mmachinery Manufacturing and
Ccomputer & Electrical Product Manufacturing equipment
35 333/334
Electronics and other electrical equipment and components
excluding the following: Electrical Equipment, Appliance, and
Component Manufacturing excluding Battery Manufacturing
36 335/33591
Lead acid batteries [Amended 5-12-2010] 3691
Primary batteries 3692
Transportation equipment Equipment Manufacturing 37 336
Measuring, analyzing and controlling instruments;
photographic, medical and optical goods; and watches and
clocks
38 334, 333, 339
above
Miscellaneous manufacturing industries 39 339 above
Local and suburban transit and interurban highway passenger
transportation Transit and Ground Passenger Transportation
41 485
Motor freight transportation and warehousing Truck
Transportation
42 484
Transportation by airAir Transportation 45 481
Transportation servicesTravel Arrangement and Reservation
Services
47 5615
Communication facilities and offices, including telephone,
telegraph, radio, television and other communications
Telecommunication Facilities and Offices, Broadcasting and
Content Providers, including wired and wireless telephone,
radio, television and other satellite
communications.Telecommunications
48 517
Electric, gas and other utility facilities and offices and trucking
and warehousing [Amended 8-24-2004] Public Utilities
49 221
Wholesale Ttrade -- 42
Advertising specialties – wholesale [Added 8-24-2004] 5199 In 42
RestaurantsFood Services, Restaurants, and Other Eating 58 722
18
Proposed Changes – M1 District
Revised March 13, 2023
Places
Linen supply [Added 8-24-2004 Drycleaning and Laundry
Services except Coin Operated Laundries
7213 8123
Dry cleaning plants [Added 8-24-2004] 7216
Business services (the intent is business services provided to
businesses, not households, on contract/fee basis – create a
definition?) This is Professional, Scientific and Technical
Services including Testing Laboratories
73 54 (ex 5411,
5412) 56 (ex
5611,5612,
5615), 5182
Truck rental and leasing, without drivers [Added 2-7-1995]
Truck, Utility Trailer, and RV (Recreational Vehicle) Rental
and Leasing
7513 532120
General Automotive, Motorcycle and Truck Repair, Services
and ParkingAutomotive repair and maintenance shops [Added
5-13-1992; amended 9-28-2011] (includes car washes)
753 8111
Welding repair [Added 8-24-2004] Commercial and Industrial
Machinery and Equipment Repair and Maintenance
7692 8113
Agricultural equipment repair [Added 8-24-2004] 7699 8113
Boiler chipping, cleaning, and repair [Added 8-24-2004] 7699 238220
Cesspool Cleaning 7699 562991
Coppersmithing [Added 8-24-2004] 7699 811310
Engine repair [Added 8-24-2004] 7699 8111 above
Farm machinery and tractor repair [Added 8-24-2004] 7699 811310
Industrial truck repair and maintenance services [Added 8-24-
2004]
7699 811310
Machinery cleaning Cleaning [Added 8-24-2004] 7699 333
Measuring and controlling instrument repair; mechanical
[Added 8-24-2004]
7699 811210
Meteorological instrument repair [Added 8-24-2004] 7699 811210
Motorcycle repair services [Added 1-11-2017] 7699 811490
Precision instrument repair [Added 8-24-2004] 7699 8112
Repair of oOptical instruments repair and maintenance 7699 811210
19
Proposed Changes – M1 District
Revised March 13, 2023
services[Added 8-24-2004
Repair of service station equipment [Added 8-24-2004] 7699 8113
Scale Weighing Equipment Rrepair and maintenance service
[Added 8-24-2004]
7699 811210
Septic cleaning service [Added 8-24-2004] 7699 562991
Sewer cleaning services [Added 8-24-2004] 7699 5622
Tank and boiler cleaning service [ Added 8-24-2004] 7699 5629
Waste Management & Remediation Services including glass,
carboard, and plastics recycling exceptand excluding the
following:recycling and incinerators.
562
Tinsmithing [Added 8-24-2004]Fabricated Metal Product
Manufacturing aboveFabricated Metal Product Manufacturing
7699 332
Vocational schools Technical and Trade Schools 824 6114
Business associations 861 813910
Professional membership organizations 862 813920
Labor unions and similar labor organizations 863 813930
Business, Professional, Labor, Political and Similar
OrganzationsOrganizations
8139
Engineering, accounting, research, management and related
services See Business Services above
87 541
Testing laboratories [Added 8-24-2004] 8734 54138 above
General business Business officesOffices, including corporate,
government or other offices not providing services to the
general public on a regular basis as the primary use
--
Accessory retailing --
Public Buildings Administration and Government Support
Buildings
-- 92
Public utilities [Amended 1-8-2020] -- 221
Business signs --
Signs allowed in § 165-201.06B [Amended 2-13-2008] --
20
Proposed Changes – M1 District
Revised March 13, 2023
§ 165-606.03 Conditional uses.
[Added 5-12-2010; amended 1-11-2017]
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Standard Industrial Classification
(SIC)
Tractor Ttruck and Ttractor Ttruck Ttrailer Pparking --
Amusement, Arts, Gambling, and Recreation Industries
excluding the following: Amusement Parks or Theme
Parks and Outdoor Shooting Ranges
Freestanding building entrance signs [Amended 2-13-2008] --
Multi-tenant complex signs [Amended 2-13-2008] --
Electronic message signs [Added 2-13-2008] --
Residential uses which are accessory to allowed business uses --
Nature Parks and Similar Institutions -- 71219
Regional cCriminal justiceJustice, enforcementEnforcement,
and detention Detention facilities Facilities for Frederick
County, Clarke County, and the City of Winchester
-- 922140
Industrial launderers [Added 6-9-1993] 7218 812332 listed
above
Truck or fleet Fleet maintenance Maintenance facilities
Facilities [Added 6-9-1993]
-- 811
Self-service Service storage Storage facilities Facilities [Added
12-11-1996]
-- 531130
Flex-Tech [Added 2-11-1998] --
Fire stations, companies and rescue squads [Added 10-27-
1999]
-- 6219
Postal Services 491
21
Proposed Changes – M1 District
Revised March 13, 2023
Commercial recreation, indoor:*
• Professional sports clubs 7941 711211
• Physical fitness facilities 7991 713940
• Membership sports and recreation clubs 7997 7139
• Amusement and recreation services (to
include only fitness and sports instruction
facilities)
7999 713940
*This use will not be permissible in the M2 Zoning
District.
22
3/7/23, 10:53 AM Frederick County, VA M1 Light Industrial District
https://ecode360.com/print/FR1364?guid=13804507 1/5
Frederick County, VA
Tuesday, March 7, 2023
Chapter 165. Zoning
ARTICLE VI. Business and Industrial Zoning Districts
Part 606. M1 Light Industrial District
§ 165-606.01. Intent.
The intent of this district is to provide for a variety of light manufacturing, commercial office and heavy
commercial uses in well-planned industrial settings. Uses are allowed which do not create noise,
smoke, dust or other hazards. Uses are allowed which do not adversely affect nearby residential or
business areas. Such industrial areas shall be provided with safe and sufficient access.
§ 165-606.02. Allowed uses.
Allowed uses are as follows:
Allowed Uses
Standard Industrial Classification
(SIC)
Landscape and horticultural services 078
Offices and storage facilities for building construction contrac-
tors, heavy construction contractors and special trade
contractors
15, 16 and 17
Manufacturing as follows:--
Dairy products 202
Canned, frozen and preserved fruits, vegetables and soup
mixes
203
Bakery products 205
Sugar and confectionary products 206
Beverages
[Amended 8-12-2009]
208
Miscellaneous food preparations and products, excluding the
following:
209
Canned and cured fish and seafood 2091
Fresh or frozen fish and seafood 2092
Textile mill products 22
Apparel or other finished products made from fabrics and simi-
lar material
23
Lumber and wood products, excluding the following:24
23
3/7/23, 10:53 AM Frederick County, VA M1 Light Industrial District
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Allowed Uses
Standard Industrial Classification
(SIC)
Logging 241
Sawmills and planing mills 242
Wood preserving 2491
Furniture and fixtures 25
Paperboard containers and boxes 265
Converted paper and paperboard products, except containers
and boxes
267
Printing, publishing and allied industries 27
Drugs 283
Rubber and miscellaneous plastics products 30
Concrete block and brick and related products 3271
Fabricated metal products, excluding the following:
[Amended 9-23-2009]
34
Coating, engraving and allied services 347
Ammunition, except for small arms 3483
Ordnance and accessories, not elsewhere classified 3489
Industrial and commercial machinery and computer equipment 35
Electronics and other electrical equipment and components, ex-
cluding the following:
36
Lead acid batteries
[Amended 5-12-2010]
3691
Primary batteries 3692
Transportation equipment 37
Measuring, analyzing and controlling instruments; photo-
graphic, medical and optical goods; and watches and clocks
38
Miscellaneous manufacturing industries 39
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, tele-
graph, radio, television and other communications
48
Electric, gas and other utility facilities and offices and trucking
and warehousing
[Amended 8-24-2004]
49
Wholesale trade -
Advertising specialties - wholesale
[Added 8-24-2004]
5199
Restaurants 58
Linen supply
[Added 8-24-2004]
7213
Dry cleaning plants 7216
24
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Allowed Uses
Standard Industrial Classification
(SIC)
[Added 8-24-2004]
Business services 73
Truck rental and leasing, without drivers
[Added 2-7-1995]
7513
Automotive repair shops
[Added 5-13-1992; amended 9-28-2011]
753
Welding repair
[Added 8-24-2004]
7692
Agricultural equipment repair
[Added 8-24-2004]
7699
Boiler cleaning and repair
[Added 8-24-2004]
7699
Cesspool cleaning
[Added 8-24-2004]
7699
Coppersmithing
[Added 8-24-2004]
7699
Engine repair
[Added 8-24-2004]
7699
Farm machinery and tractor repair
[Added 8-24-2004]
7699
Industrial truck repair
[Added 8-24-2004]
7699
Machinery cleaning
[Added 8-24-2004]
7699
Measuring and controlling instrument repair; mechanical
[Added 8-24-2004]
7699
Meteorological instrument repair
[Added 8-24-2004]
7699
Motorcycle repair service
[Added 1-11-2017]
7699
Precision instrument repair
[Added 8-24-2004]
7699
Repair of optical instruments
[Added 8-24-2004]
7699
Repair of service station equipment
[Added 8-24-2004]
7699
Scale repair service
[Added 8-24-2004]
7699
Septic tank cleaning service
[Added 8-24-2004]
7699
Sewer cleaning service
[Added 8-24-2004]
7699
Tank and boiler cleaning service
[Added 8-24-2004]
7699
Tank truck cleaning service
[Added 8-24-2004]
7699
25
3/7/23, 10:53 AM Frederick County, VA M1 Light Industrial District
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Allowed Uses
Standard Industrial Classification
(SIC)
Tinsmithing
[Added 8-24-2004]
7699
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, including corporate, government or
other offices not providing services to the general public on a
regular basis as the primary use
--
Accessory retailing --
Public buildings --
Public utilities
[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 --
Regional criminal justice, enforcement and detention facilities
for Frederick County, Clarke County and the City of Winchester
--
Industrial launderers
[Added 6-9-1993]
7218
Truck or fleet maintenance facilities
[Added 6-9-1993]
--
Self-service storage facilities
[Added 12-11-1996]
--
Flex-Tech
[Added 2-11-1998]
--
Fire stations, companies and rescue squads
[Added 10-27-1999]
--
§ 165-606.03. Conditional uses.
[Added 5-12-2010; amended 1-11-2017]
Uses permitted with a conditional use permit shall be as follows:
26
3/7/23, 10:53 AM Frederick County, VA M1 Light Industrial District
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Conditional Uses
Standard Industrial Classification
(SIC)
Tractor truck and tractor truck trailer parking --
Commercial recreation, indoor:*
•Professional sports clubs 7941
•Physical fitness facilities 7991
•Membership sports and recreation clubs 7997
•Amusement and recreation services (to include only fit-
ness and sports instruction facilities)
7999
*This use will not be permissible in the M2 Zoning District.
27
Proposed Changes – M2 District
Revised March 13, 2023
Part 607
M2 Industrial General District
[Amended 3-13-2023]
§ 165-607.01 Intent.
The intent of this district is to provide for a wide variety of heavy manufacturing, office and heavy traffic
uses, including those which may not be compatible with nearby residential and general business areas.
Performance controls are used to control potential nuisances, especially in relation to zoning district
boundaries. Such industrial areas shall be provided with safe and sufficient access. The North American
Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the
permitted uses.
§ 165-607-02 Allowed Uses.
Allowed Uses
All Uses Allowed in the M1 (Light Industrial) Zoning District
Food Manufacturing including Animal Slaughtering and Processing, Seafood Product Preparation and
Packaging, and Rendering and Meat Byproduct Processing
Wood Product Manufacturing
Pulp, Paper, and Paperboard Mills
Chemicals Manufacturing
Petroleum and Coal Products Manufacturing including Fuel Dealers
Leather and Allied Products Manufacturing
Concrete Block and Brick, Glass, and Related Products
Primary Steel Manufacturing
Coating, engraving, Heat Treating, and Allied Activities
Ammunition, Ordinance and Accessory Manufacturing
Storage Batteries and Primary batteries
All Other Telecommunications
Public Utilities
Junkyards and Auto Merchant Wholesalers
Waste Management & Remediation Services including incinerators
Tractor Truck and Tractor Truck Trailer Parking as primary use
28
Proposed Changes – M2 District
Revised March 13, 2023
Part 607
M2 Industrial General District
[Amended 3-13-2023]
§ 165-607.01 Intent.
The intent of this district is to provide for a wide variety of heavy manufacturing, commercial office and
heavy commercial traffic uses, including those which may not be compatible with nearby residential and
general business areas. Performance controls are used to control potential nuisances, especially in relation to
zoning district boundaries. Such industrial areas shall be provided with safe and sufficient access. The North
American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in
classifying the permitted uses.
§ 165-607-02 Allowed Uses.
Allowed Uses Standard
Industrial
Classification
(SIC)
NAICS
All Uuses allowed Allowed in the M1 (Light Industrial) Zoning
District
Additional manufacturing as follows: Food Manufacturing
including Animal Slaughtering and Processing, Seafood Product
Preparation and Packaging, and Rendering and Meat Byproduct
Processing
Meat products Animal Slaughtering and Processing 201 3116
Grain and oilseed milling products 204 3112
Fats and oils 207 311225
Beverages, including alcoholic beverages 208 31211 (M1)
Canned and cured fish and seafood Fresh or Frozen
Seafood Products Preparation and Packaging
2091 311710
Fresh or frozen fish and seafood 2092
Tobacco products 21 312 (M1)
Logging Wood Product Manufacturing 241 113310
Sawmills, and planning mills, and wood preservation 242 32111
Wood preserving 2491
Paper and allied productsPulp, Paper, and Paperboard Mills 26 3221
Chemicals and allied productsManufacturing 28 325
Petroleum and Coal Products Manufacturing refining and
related industries including Fuel Dealers
29 324
Leather and leather Allied Pproducts Manufacturing 31 316
Concrete Block and Brick, Glass and Related Products Stone,
clay, glass and concrete products, excluding the following
[Added 7-9-1977]
32 327
Asbestos Products 3292 327999
Primary metal industry Steel Manufacturing 33 331
Coating, engraving, Heat Treating, and Aallied
servicesActivities
347 33281
29
Proposed Changes – M2 District
Revised March 13, 2023
§ 165-607.03 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 --
Ammunition, Ordinance and aAccessoryies Manufacturing 348 332992/3/4
Storage batteries Batteries and Primary batteries 3691 335910
Primary batteries 3692
Communication services, not elsewhere classified
[Added 8-24-2004] All Other Telecommunications
4899 5178
Electric, gas, and sanitary services [Added 8-24-2004]Public
Utilities
49 221(M1)
Fuel dealers and Gasoline Stations 598 457
Gas systems contract conversion from manufactured to natural
gas
[Added 8-24-2004]
7389 238
Automotive repair, services and parking 75 811 (M1)
Junkyards and automobile Auto Merchant
Wholesalersgraveyards
-- 493190
Recycling operations Waste Management & Remediation
Services including incinerators
--
Manufacturing or wholesaling of explosives -- 325920/424690
IncineratorsIncinerators and Recycling -- 562
Steam power plants -- 22133(M1)
Heavy equipment storage yards Tractor Truck and Tractor
Truck Trailer Parking as Primary Use
-- 493(493190)
30
3/7/23, 10:53 AM Frederick County, VA M2 Industrial General District
https://ecode360.com/print/FR1364?guid=13804515 1/2
Frederick County, VA
Tuesday, March 7, 2023
Chapter 165. Zoning
ARTICLE VI. Business and Industrial Zoning Districts
Part 607. M2 Industrial General District
§ 165-607.01. Intent.
The intent of this district is to provide for a wide variety of manufacturing, commercial office and heavy
commercial uses, including those which may not be compatible with nearby residential and business
areas. Performance controls are used to control potential nuisances, especially in relation to zoning
district boundaries. Such industrial areas shall be provided with safe and sufficient access.
§ 165-607.02. Allowed uses.
Allowed uses are as follows:
Allowed Uses
Standard Industrial
Classification
(SIC)
All uses allowed in the M1 Light Industrial District
Additional manufacturing as follows:
Meat products 201
Grain mill products 204
Fats and oils 207
Beverages, including alcoholic beverages 208
Canned and cured fish and seafood 2091
Fresh or frozen fish and seafood 2092
Tobacco products 21
Logging 241
Sawmills and planing mills 242
Wood preserving 2491
Paper and allied products 26
Chemicals and allied products 28
Petroleum refining and related industries 29
Leather and leather products 31
Stone, clay, glass and concrete products, excluding the
following:
32
31
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Allowed Uses
Standard Industrial
Classification
(SIC)
[Added 7-9-1997]
Asbestos products 3292
Primary metal industry 33
Coating, engraving and allied services 347
Ordinance and accessories 348
Storage batteries 3691
Primary batteries 3692
Communication services, not elsewhere classified
[Added 8-24-2004]
4899
Electric, gas, and sanitary services
[Added 8-24-2004]
49
Fuel dealers 598
Gas systems contract conversion from manufactured to natural
gas
[Added 8-24-2004]
7389
Automotive repair, services and parking 75
Junkyards and automobile graveyards --
Recycling operations --
Manufacturing or wholesaling of explosives --
Incinerators --
Steam power plants --
Heavy equipment storage yards --
Flex-Tech
[Added 8-24-2004]
--
§ 165-607.03. 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 --
32
:4
Proposed Changes – TM (Technology-Manufacturing Park) District
Revised March 13, 2023
PART 605
TM Technology-Manufacturing Park District
[Amended 3-13-2023]
§ 165-605.01. Intent.
The TM District is designed to provide areas for Economic Development Authority
(EDA) targeted industries, data centers, offices, low-impact industrial, assembly, and
manufacturing uses. Uses are allowed which do not create significant noise beyond the
property line, smoke, dust or other hazards. This district shall be located in a business
campus-like setting with direct access to major transportation networks and/or rail
facilities and areas where there is availability and/or close-proximity to overhead
electrical transmission lines. Buildings should include attractive architectural features
utilizing high quality building materials comparable to brick, stone, and glass. The North
American Industry Classification System (NAICS) shall be used to assist the Zoning
Administrator in classifying the permitted uses.
§ 165-605.02. Permitted uses.
Permitted uses are as follows:
Permitted Uses
Food, Beverage, and Tobacco Manufacturing excluding Seafood Product Preparation
and Packaging and Animal Slaughtering and Processing
Furniture and Related Product Manufacturing
Converted Paper Product Manufacturing
Printing, Publishing and Allied Industries
Pharmaceutical and Medicine Manufacturing
Plastics and Rubber Products Manufacturing including Footwear Manufacturing
Fabricated Metal Products Manufacturing, excluding the following: Engraving and
Allied Services, Ammunition, Ordnance and Accessories
Machinery Manufacturing and Computer and Electrical Product Manufacturing
Electrical Equipment, Appliance, and Component Manufacturing excluding Battery
Manufacturing
Aircraft Manufacturing
Guided Missiles and Space Vehicles Manufacturing
Other Miscellaneous Manufacturing
Telecommunication Facilities and Offices, Broadcasting and Content Providers,
including wired and wireless telephone, radio, television and other satellite
33
:4
Proposed Changes – TM (Technology-Manufacturing Park) District
Revised March 13, 2023
communications.
Finance, Insurance, Legal and Offices of Real Estate
Professional, Scientific and Technical Services including Testing Laboratories
Health Care Services
Medical and Dental Laboratories
Technical and Trade Schools
Business, Professional, Labor, Political and Similar Organizations
Public Administration and Government Support Buildings
General Business Offices, including corporate, or other offices not providing
services to the general public on a regular basis as the primary use
Public Utilities
Flex-Tech
§ 165-605.03. Secondary or accessory uses.
The following uses shall be permitted by right in the TM District but only in conjunction
with and secondary to a permitted principal use. All other uses not listed below,
permitted by right only in conjunction with and secondary to a permitted principal use, shall be
in accordance with §165-201.05.
Secondary Uses
Warehousing/Distribution up to 50% gross square footage (or up to 75% gross square
footage where served directly by rail)
§ 165-605.04. Design requirements.
A. Minimum size. No TM District rezoning shall be approved for less than 10
contiguous acres.
(1) There shall be no minimum lot size.
(2) There shall be no minimum lot width or depth.
B. Development standards. The following standards shall apply in the TM Park
District:
(1) Any building facing road rights-of-way shall be faced on all sides with durable,
materials, including but not limited to painted two-tone pre-cast concrete
panels.
(2) Loading docks or loading entrances shall be completely screened from view
from public streets and adjoining properties by a six (6) foot tall opaque
34
:4
Proposed Changes – TM (Technology-Manufacturing Park) District
Revised March 13, 2023
fencing, masonry walls, berms or a double row of evergreen tree plantings.
(3) Outdoor storage shall be limited to 35% of total lot area, be located outside of front
setbacks, and shall be in conformance with §165-201.10.
C. The maximum structural height for office buildings shall not exceed 90 feet; the
height for all other uses shall be regulated by § 165-601.02 and §165-201.03.
D. The maximum structural height for automobile parking structures shall not exceed
70 feet.
E. Properties utilizing the TM Park District zoning shall not be required to complete a
master development plan prior to submission of a site plan.
35
:1
Proposed Changes – TM Technology-Manufacturing Park District
Drafted Revised March 713, 2023
PART 605
TM Technology-Manufacturing Park District
[Added 12-10-2008, Amended January 19,
2023Amended 3-13-2023]
§ 165-605.01. Intent.
The TM District is designed to provide areas for Economic Development Authority
(EDA) targeted industries, data centers, offices, low-impact industrial, assembly, and
manufacturing uses. Uses are allowed which do not create significant noise beyond the
property line, smoke, dust or other hazards. This district shall be located in a business
campus-like setting with direct access to major transportation networks and/or rail
facilities and areas where there is availability and/or close-proximity to overhead
electrical transmission lines. Buildings should include attractive architectural features
utilizing high quality building materials comparable to brick, stone, and glass. The North
American Industry Classification System (NAICS) shall be used to assist the Zoning
Administrator in classifying the permitted uses.
§ 165-605.02. Permitted uses. [Amended 11-18-2009; 12-11-2019; 1-19-2023]
Permitted uses are as follows:
Permitted Uses
Standard
Industrial
Classification
(SIC)
Food, Beverage, and Tobacco Manufacturing
excluding Seafood Product Preparation and
Packaging and Animal Slaughtering and
ProcessingManufacturing as follows:
Dairy Products 202
Canned, frozen and preserved fruits, vegetables and
soup mixes 203
Bakery products 205
Sugar and confectionary products 206
Beverages 208
Miscellaneous food preparations and products,
excluding the following:
Canned and cured fish and seafood
Fresh or frozen fish and seafood
209
2091
2092
36
:1
Proposed Changes – TM Technology-Manufacturing Park District
Drafted Revised March 713, 2023
Furniture and related product manufacturingFurniture
and Related Product Manufacturing 25
Converted Paper Product ManufacturingPaperboard
containers and boxes
265
Publishing industriesPrinting, Publishing and Allied
Industries
27
Pharmaceutical and Medicine
ManufacturingPharmaceutical and medicine
manufacturing
283
Plastics and Rubber Products Manufacturing
including Footwear ManufacturingRubber and
miscellaneous plastics manufacturing
30
Excluding uses in italics:
Tires and inner tubes 3011
Fabricated metal productsFabricated Metal Products
Manufacturing, excluding the following: Engraving
and Allied Services, Ammunition, Ordnance and
Accessories
34
Industrial and commercial machinery and computer
equipment manufacturingMachinery Manufacturing
and Computer and Electrical Product Manufacturing
35
Electrical Equipment, Appliance, and Component
Manufacturing excluding Battery
ManufacturingElectronics and other electrical
equipment and components manufacturing
36
Aircraft and parts manufacturingManufacturing 372
Guided Missiles, and Space Vehicles
Manufacturing, and Parts
376
Measuring, analyzing and controlling instruments;
photographic, medical and optical goods; and
watches and clocks
38
Other Miscellaneous manufacturing Manufacturing
industries
39
Telecommunication Facilities and Offices,
Broadcasting and Content Providers, including wired
and wireless telephone, radio, television and other
satellite communications.Communications
48
Depository InstitutionsFinance, Insurance, Legal and
Offices of Real Estate
60
Nondepository credit institutions 61
Security and commodity brokers, dealers, exchanges,
and services
62
Insurance carriers and services 63-64
37
:1
Proposed Changes – TM Technology-Manufacturing Park District
Drafted Revised March 713, 2023
Real estate 65
Holding and other investment offices 67
Professional, Scientific and Technical Services
including Testing LaboratoriesBusiness services
73
Doctors offices and clinicsHealth Care Services 801-804
Medical and dental Dental laboratoriesLaboratories 807
Legal services 81
Vocational schoolsTechnical and Trade Schools 824
Business associationsBusiness, Professional, Labor,
Political and Similar Organizations
861
38
:2
Proposed Changes – TM Technology-Manufacturing Park District
Drafted Revised March 713, 2023
§ 165-605.02 § 165-605.03
Permitted Uses
Standard Industrial
Classification
(SIC)
Professional membership organizations 862
Labor unions and similar labor organizations 863
Engineering, accounting, research management, and
related services
87
Public Administration and Government Support
BuildingsPublic administration
91-97
General business Business officesOffices, including
corporate, or other offices not providing services to the
general public on a regular basis as the primary use
---
Public utilitiesUtilities -
Flex-Tech, provided that at least one of the individual
user’s uses is a permitted use in this section.
-
Communication facilities and offices, including
telephone, telegraph, radio, television and other
communications
48
39
:4
Proposed Changes – TM Technology-Manufacturing Park District
Drafted Revised March 713, 2023
§ 165-605.03 § 165-605.03.1
§ 165-605.03. Secondary or accessory uses. [Amended 11-18-2009; 1-19-2023]
The following uses shall be permitted by right in the TM District but only in conjunction
with and secondary to a permitted principal use. All other uses not listed below,
permitted by right only in conjunction with and secondary to a permitted principle use, shall
bein accordance with §165-201.05.
Secondary Uses
Standard Industrial
Classification
(SIC)
Warehousing/Distribution up to 50% gross square
footage (or up to 75% gross square footage where
served directly by rail)
-
§ 165-605.04. Design requirements.
A. Minimum size. No TM District rezoning shall be approved for less than 10
contiguous acres.
(1) There shall be no minimum lot size.
(2) There shall be no minimum lot width or depth.
B. Development standards. The following standards shall apply in the TM Park
District:
(1) Any building facing road rights-of-way shall be faced on all sides with durable,
materials, including but not limited to painted two-tone pre-cast concrete
panels.
(2) Loading docks or loading entrances shall be completely screened from view
from public streets and adjoining properties by a six (6) foot tall opaque
fencing, masonry walls, berms or a double row of evergreen tree plantings.
(3) Outdoor storage shall be limited to 35% of total lot area, be located outside of front
setbacks, and shall be in conformance with §165-201.10.
C. The maximum structural height for office buildings shall not exceed 90 feet; the
height for all other uses shall be regulated by § 165-601.02 and §165-201.03.
]Added 11-18-2009]
D. The maximum structural height for automobile parking structures shall not exceed
70 feet. ]Added 11-18-2009]
E. Properties utilizing the TM Park District zoning shall not be required to complete a
master development plan prior to submission of a site plan.
40
:1
PART 605
TM Technology-Manufacturing District
[Amended 3-8- 2023]
§ 165-605.01. Intent.
The TM District is designed to provide areas for Economic Development Authority
(EDA) targeted industries, data centers, offices, low-impact industrial, assembly, and
manufacturing uses. Uses are allowed which do not create significant noise beyond the
property line, smoke, dust or other hazards. This district shall be located in a business
campus-like setting with direct access to major transportation networks and/or rail
facilities and areas where there is availability and/or close-proximity to overhead
electrical transmission lines. Buildings should include attractive architectural features
utilizing high quality building materials comparable to brick, stone, and glass.
§ 165-605.02. Permitted uses. [Amended 11-18-2009; 12-11-2019; 1-19-2023]
Permitted uses are as follows:
Permitted Uses
Standard
Industrial
Classification
(SIC)
Manufacturing as follows:
Dairy Products 202
Canned, frozen and preserved fruits, vegetables and
soup mixes
203
Bakery products 205
Sugar and confectionary products 206
Beverages 208
Miscellaneous food preparations and products,
excluding the following:
Canned and cured fish and seafood
Fresh or frozen fish and seafood
209
2091
2092
Furniture and related product manufacturing 25
Paperboard containers and boxes 265
Publishing industries 27
Pharmaceutical and medicine manufacturing 283
41
:1
Rubber and miscellaneous plastics manufacturing 30
Excluding uses in italics:
Tires and inner tubes 3011
Fabricated metal products 34
Industrial and commercial machinery and computer
equipment manufacturing
35
Electronics and other electrical equipment and
components manufacturing
36
Aircraft and parts manufacturing 372
Guided Missiles, Space Vehicles, and Parts 376
Measuring, analyzing and controlling instruments;
photographic, medical and optical goods; and
watches and clocks
38
Miscellaneous manufacturing industries 39
Communications 48
Depository Institutions 60
Nondepository credit institutions 61
Security and commodity brokers, dealers, exchanges,
and services
62
Insurance carriers and services 63-64
Real estate 65
Holding and other investment offices 67
Business services 73
Doctors offices and clinics 801-804
Medical and dental laboratories 807
Legal services 81
Vocational schools 824
Business associations 861
42
:2
§ 165-605.02 § 165-605.03
Permitted Uses
Standard Industrial
Classification
(SIC)
Professional membership organizations 862
Labor unions and similar labor organizations 863
Engineering, accounting, research management, and
related services
87
Public administration 91-97
General business offices, including corporate, or other
offices not providing services to the general public on a
regular basis as the primary use
---
Public utilities -
Flex-Tech, provided that at least one of the individual
user’s uses is a permitted use in this section.
-
Communication facilities and offices, including
telephone, telegraph, radio, television and other
communications
48
43
:4
§ 165-605.03 § 165-605.03.1
§ 165-605.03. Secondary or accessory uses. [Amended 11-18-2009; 1-19-2023]
The following uses shall be permitted by right in the TM District but only in conjunction
with and secondary to a permitted principal use. All other uses not listed below,
permitted by right only in conjunction with and secondary to a permitted principle use, shall
bein accordance with §165-201.05.
Secondary Uses
Standard Industrial
Classification
(SIC)
Warehousing/Distribution up to 50% gross square
footage (or up to 75% gross square footage where
served directly by rail)
-
§ 165-605.04. Design requirements.
A. Minimum size. No TM District rezoning shall be approved for less than 10
contiguous acres.
(1) There shall be no minimum lot size.
(2) There shall be no minimum lot width or depth.
B. Development standards. The following standards shall apply in the TM Park
District:
(1) Any building facing road rights-of-way shall be faced on all sides with durable,
materials, including but not limited to painted two-tone pre-cast concrete
panels.
(2) Loading docks or loading entrances shall be completely screened from view
from public streets and adjoining properties by a six (6) foot tall opaque
fencing, masonry walls, berms or a double row of evergreen tree plantings.
(3) Outdoor storage shall be limited to 35% of total lot area, be located outside of front
setbacks, and shall be in conformance with §165-201.10.
C. The maximum structural height for office buildings shall not exceed 90 feet; the
height for all other uses shall be regulated by § 165-601.02 and §165-201.03.
]Added 11-18-2009]
D. The maximum structural height for automobile parking structures shall not exceed
70 feet. ]Added 11-18-2009]
E. Properties utilizing the TM Park District zoning shall not be required to complete a
master development plan prior to submission of a site plan.
44
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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 GR45
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: March 23, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Shipping Containers
Attachments:
DRRC03-23-23OA_Shipping Containers.pdf
46
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee (DRRC)
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Shipping Containers
DATE: March 10, 2023
Proposal:
This is a proposal to allow shipping containers (i.e., prefabricated, durable steel shipping boxes) for storage
in the RA (Rural Areas) Zoning District.
Current Zoning Ordinance Standard:
The ordinance currently does not expressly permit shipping containers as storage. In practice, they have
been prohibited except in industrial zoning districts.
Conclusion and Requested Action:
The attached document shows the existing ordinance with the proposed changes as drafted by Staff. Staff
is seeking comments from the DRRC to forward to the Planning Commission and Board of
Supervisors for discussion.
MTK/pd
Attachments: 1. Proposed Changes - Definitions & Supplementary Use Regulations - Redline
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Proposed Changes – Shipping Containers
Revised March 7, 2023
ARTICLE I
General Provisions; Amendments; and Conditional Use Permits
Part 101 – General Provisions
§165-101.02 Definitions and word usage
Shipping container – a prefabricated, durable steel shipping box also known as intermodal container,
cargo container, freight container, or ISO container.
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 201 – Supplementary Use Regulations
§165-201.05 Secondary or accessory uses.
When permitted secondary or accessory uses that are normally or typically found in association with the
allowed primary use shall be allowed on the same parcel or lot as the primary use, secondary uses shall
meet the requirements of this section as well as any particular standard imposed on such use.
G. In no case shall a shipping container be allowed as an accessory use or storage in the RP
(Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational
Community) and MH1 (Mobile Home Community) Zoning Districts. Shipping containers are allowed
in all other zoning districts as an accessory use or storage and should meet the applicable setback
requirements for accessory uses.
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