DRRCAgenda2023April271.Zoning Ordinance Text Amendment Proposals
1.A.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.B.NAICS Conversion (EM, HE & MS Zoning Districts)
This is a proposal to amend the County's other zoning districts to update and convert to
the North American Industry Classifications System (NAICS), and consideration of
other clean-up amendments to remove reference to SIC throughout the ordinance.
This proposed amendment was initiated by staff.
1.C.Shipping Containers
This is a proposal to allow for 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, APRIL 27, 2023
7:00 PM
FIRST-FLOOR CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
DRRC04-27-23OA_ConversiontoNAICS_M1,M2 & TM_ ZoningDistricts.pdf
DRRC04-27-23OA_ConversiontoNAICS_EM,HE & MS ZoningDistricts.pdf
DRRC04-27-23OA_Shipping_Containers.pdf
1
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: April 27, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: NAICS Conversion (M1, M2, & TM Zoning Districts)
Attachments:
DRRC04-27-23OA_ConversiontoNAICS_M1,M2 & TM_ ZoningDistricts.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 – 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
3
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
4
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
5
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
6
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
7
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
8
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
9
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
10
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] --
11
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
12
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.
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3/7/23, 10:53 AM Frederick County, VA M1 Light Industrial District
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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
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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
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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
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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:
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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.
18
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
19
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
20
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)
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3/7/23, 10:53 AM Frederick County, VA M2 Industrial General District
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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:
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https://ecode360.com/print/FR1364?guid=13804515 2/2
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 --
23
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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
24
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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
25
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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.
26
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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
27
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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
28
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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
29
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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
30
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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.
31
: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
32
: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
33
: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
34
: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.
35
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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 GR36
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: April 27, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: NAICS Conversion (EM, HE & MS Zoning Districts)
Attachments:
DRRC04-27-23OA_ConversiontoNAICS_EM,HE & MS ZoningDistricts.pdf
37
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 – Other Planned Districts & Other
Changes to Zoning Ordinance
DATE: April 7, 2023
Proposal:
This is a proposal to amend the County’s other planned development zoning districts, the EM (Extractive
Mining), HE (Higher Education), and MS (Medical Support) 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 have also been amended to ensure consistency (attachment
#10).
The MS (Medical Support) districted permitted uses list was condensed into a single section with use group
subsections removed to provide additional clarity and remove duplicative uses.
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. EM (Extractive Mining) District – Clean copy
2. EM District – Redline with track changes
3. EM District – Current Standard (§165-608)
4. HE (Higher Education) District – Clean copy
5. HE District – Redline with track changes
6. HE District – Current Standard (§165-609)
38
DRRC Discussion
OA – Conversion to NAICS
April 7, 2023
Page 2
7. MS (Medical Support) District – Clean Copy
8. MS District – Redline with track changes
9. MS District – Current Standard (§165-504)
10. Other Amendments – Redline with track changes
39
Proposed Changes – EM (Extractive Mining) District
Revised April 7, 2023
Part 608
EM Extractive Manufacturing District
[Amended 4-7-2023]
§ 165-608.01 Intent.
The intent of the Extractive Manufacturing District is to provide for mining and related industries, all of
which rely on the extraction of natural resources. Provisions and performance standards are provided to
protect surrounding uses from adverse impacts. It is also the intent of Part 608 to avoid the encroachment of
incompatible uses on the borders of the EM District. The North American Industry Classification System
(NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.
§ 165-608.02 Permitted uses.
The following uses shall be permitted:
Farming, Agriculture, Orchards, Nurseries, Horticulture, Dairying, and Forestry
Public Utilities
Oil and Natural Gas Extraction. No Refining is allowed
Mining (except Oil and Gas)
Metal Ore Mining
Stone & Dimension Stone Mining and Quarrying
Crushed and Broken Limestone, Granite, and Other Stone Mining and Quarrying
Sand, Gravel, Clay, and Ceramic and Refractory Minerals Mining and Quarrying
Construction Sand Mining
Kaolin, Clay, and Ceramic Mineral Mining and Quarrying
Support Activities for Mining excluding Drilling Oil & Gas Wells
§ 165-608.03 Performance standards.
All uses shall conform to applicable state or federal regulations governing noise and vibration. The Zoning
Administrator may require the submission of a copy of data submitted to state or federal agencies pertaining
to these performance standards with the required site plan.
§ 165-608.04 Landscaping.
Appropriate landscaping or screening may be required by the Board of Supervisors within any required yard
setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse impacts.
§ 165-608.05 Setback and yard requirements.
A. Front setback.
(1) All principle and accessory structures shall be set back 75 feet from any road, street or highway
40
Proposed Changes – EM (Extractive Mining) District
Revised April 7, 2023
right-of-way.
(2) Excavations shall be no closer than 100 feet from any road, street or highway right-of-way. The
Board of Supervisors may reduce the required front setback for excavation to 50 feet if it
determines that, through the use of measures, such as landscaping or screening, the effective
protection afforded to adjacent properties has not been reduced.
B. Side and rear setbacks. All principal and accessory structures shall be set back at least 25 feet from any
side or rear property boundary.
(1) No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or MH1.
The Board of Supervisors may reduce this required setback to 50 feet if it determines that, through
the use of measures, such as landscaping or screening, the effective protection afforded to adjacent
properties has not been reduced.
(2) Excavations shall be no closer than 100 feet from any property zoned RA, RP, R4, R5 or MH1. No
excavation shall be located closer than 200 feet from any dwelling or platted residential
subdivision.
(3) All crushing or screening machinery shall be set back at least 300 feet from any property boundary.
If such equipment is fully enclosed within a building which maintains the effective protection
afforded adjacent properties, the Board of Supervisors may reduce this yard requirement to a
minimum of 200 feet.
§ 165-608.06 Height limitations.
The maximum structure height shall be 45 feet. The Board of Supervisors may waive the forty-five-foot
height limitation, provided that it will not negatively impact adjacent uses. In order to consider the waiver,
the applicant must submit all information and adhere to requirements specified by § 165-204.28. In no case
shall any structure exceed 200 feet in height.
§ 165-608.07 Additional requirements.
All uses in the EM District must conform with all state, federal and local regulations. All mining operators
shall submit to the Zoning Administrator a copy of the operations plan required by state agencies with the
required site plan.
41
Proposed Changes – EM (Extractive Mining) District
Revised April 7, 2023
Part 608
EM Extractive Manufacturing District
[Amended 4-7-2023]
§ 165-608.01 Intent.
The intent of the Extractive Manufacturing District is to provide for mining and related industries, all of
which rely on the extraction of natural resources. Provisions and performance standards are provided to
protect surrounding uses from adverse impacts. It is also the intent of this Part 608 to avoid the encroachment
of incompatible uses on the borders of the EM District. The North American Industry Classification System
(NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.
§ 165-608.02 Permitted uses.
The following uses shall be allowedpermitted:
Farming, Agriculture, Orchards, Nurseries, Horticulture, Dairying, and Forestry
Public Utilities
Oil and Natural Gas Extraction. No Refining is allowed
Mining (except Oil and Gas)
Metal Ore Mining
Stone & Dimension Stone Mining and Quarrying
Crushed and Broken Limestone, Granite, and Other Stone Mining and Quarrying
Sand, Gravel, Clay, and Ceramic and Refractory Minerals Mining and Quarrying
Construction Sand Mining
Kaolin, Clay, and Ceramic Mineral Mining and Quarrying
Support Activities for Mining excluding Drilling Oil & Gas Wells
A. Surface or subsurface mining of rock, metal and nonmetallic ores . Mining, Quarrying, and Oil and Gas
Extraction. No refining is allowed.
B. Oil and natural gas extraction and/or pumping, including storage of production produced on the site. No
refining is allowed.
C. Sand and gravel mining and processing.
D. Crushed stone operations.
E. Manufacture and processing of cement, lime and gypsum.
F. Asphalt and concrete mixing plants.
42
Proposed Changes – EM (Extractive Mining) District
Revised April 7, 2023
G. Brick, block and precast concrete products. Nonmetallic Mineral Production Manufacturing
H. Farming, agriculture, orchards, nurseries, horticulture, dairying and forestry.
I. Accessory uses.
J. Business signs. [Amended 2-13-2008]
K. Public utilitiesUtilities. [Amended 1-8-2020]
L. Signs allowed in § 165-201.06B. [Added 2-13-2008]
M. Freestanding building entrance signs. [Added 2-13-2008]
N. Parks
§ 165-608.03 Performance standards.
All uses shall conform to applicable state or federal regulations governing noise and vibration. The Zoning
Administrator may require the submission of a copy of data submitted to state or federal agencies pertaining
to these performance standards with the required site plan.
§ 165-608.04 Landscaping.
[Amended 9-26-2012]
Appropriate landscaping or screening may be required by the Board of Supervisors within any required yard
setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse impacts.
§ 165-608.05 Setback and yard requirements.
A. Front setback.
(1) All principle and accessory structures shall be set back 75 feet from any road, street or highway right-of-
way.
(2) Excavations shall be no closer than 100 feet from any road, street or highway right-of-way. The Board
of Supervisors may reduce the required front setback for excavation to 50 feet if it determines that,
through the use of measures, such as landscaping or screening, the effective protection afforded to
adjacent properties has not been reduced. [Amended 11-14-2012]
B. Side and rear setbacks. All principal and accessory structures shall be set back at least 25 feet from any
side or rear property boundary. [Amended 11-14-2012]
(1) No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or MH1. The
Board of Supervisors may reduce this required setback to 50 feet if it determines that, through the use of
measures, such as landscaping or screening, the effective protection afforded to adjacent properties has
not been reduced.
(2) Excavations shall be no closer than 100 feet from any property zoned RA, RP, R4, R5 or MH1. No
excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision.
(3) All crushing or screening machinery shall be set back at least 300 feet from any property boundary. If
such equipment is fully enclosed within a building which maintains the effective protection afforded
adjacent properties, the Board of Supervisors may reduce this yard requirement to a minimum of 200
feet.
43
Proposed Changes – EM (Extractive Mining) District
Revised April 7, 2023
§ 165-608.06 Height limitations.
[Amended 11-13-2013]
The maximum structure height shall be 45 feet. The Board of Supervisors may waive the forty-five-foot
height limitation, provided that it will not negatively impact adjacent uses. In order to consider the waiver,
the applicant must submit all information and adhere to requirements specified by § 165-204.28. In no case
shall any structure exceed 200 feet in height.
§ 165-608.07 Additional requirements.
All uses in the EM District must conform with all state, federal and local regulations. All mining operators
shall submit to the Zoning Administrator a copy of the operations plan required by state agencies with the
required site plan.
44
3/7/23, 10:54 AM Frederick County, VA EM Extractive Manufacturing District
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A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
Frederick County, VA
Tuesday, March 7, 2023
Chapter 165. Zoning
ARTICLE VI. Business and Industrial Zoning Districts
Part 608. EM Extractive Manufacturing District
§ 165-608.01. Intent.
The intent of the Extractive Manufacturing District is to provide for mining and related industries, all of
which rely on the extraction of natural resources. Provisions and performance standards are provided to
protect surrounding uses from adverse impacts. It is also the intent of this Part 608 to avoid the
encroachment of incompatible uses on the borders of the EM District.
§ 165-608.02. Permitted uses.
The following uses shall be allowed:
Surface or subsurface mining of rock, metal and nonmetallic ores.
Oil and natural gas extraction and/or pumping, including storage of production produced on the
site. No refining is allowed.
Sand and gravel mining and processing.
Crushed stone operations.
Manufacture and processing of cement, lime and gypsum.
Asphalt and concrete mixing plants.
Brick, block and precast concrete products.
Farming, agriculture, orchards, nurseries, horticulture, dairying and forestry.
Accessory uses.
Business signs.
[Amended 2-13-2008]
Public utilities.
[Amended 1-8-2020]
Signs allowed in § 165-201.06B.
[Added 2-13-2008]
Freestanding building entrance signs.
[Added 2-13-2008]
§ 165-608.03. Performance standards.
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A.
(1)
(2)
B.
(1)
(2)
(3)
All uses shall conform to applicable state or federal regulations governing noise and vibration. The
Zoning Administrator may require the submission of a copy of data submitted to state or federal
agencies pertaining to these performance standards with the required site plan.
§ 165-608.04. Landscaping.
[Amended 9-26-2012]
Appropriate landscaping or screening may be required by the Board of Supervisors within any required
yard setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse
impacts.
§ 165-608.05. Setback and yard requirements.
Front setback.
All principle and accessory structures shall be set back 75 feet from any road, street or
highway right-of-way.
Excavations shall be no closer than 100 feet from any road, street or highway right-of-way. The
Board of Supervisors may reduce the required front setback for excavation to 50 feet if it
determines that, through the use of measures, such as landscaping or screening, the effective
protection afforded to adjacent properties has not been reduced.
[Amended 11-14-2012]
Side and rear setbacks. All principal and accessory structures shall be set back at least 25 feet
from any side or rear property boundary.
[Amended 11-14-2012]
No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or
MH1. The Board of Supervisors may reduce this required setback to 50 feet if it determines
that, through the use of measures, such as landscaping or screening, the effective protection
afforded to adjacent properties has not been reduced.
Excavations shall be no closer than 100 feet from any property zoned RA, RP, R4, R5 or MH1.
No excavation shall be located closer than 200 feet from any dwelling or platted residential
subdivision.
All crushing or screening machinery shall be set back at least 300 feet from any property
boundary. If such equipment is fully enclosed within a building which maintains the effective
protection afforded adjacent properties, the Board of Supervisors may reduce this yard
requirement to a minimum of 200 feet.
§ 165-608.06. Height limitations.
[Amended 11-13-2013]
The maximum structure height shall be 45 feet. The Board of Supervisors may waive the forty-five-foot
height limitation, provided that it will not negatively impact adjacent uses. In order to consider the
waiver, the applicant must submit all information and adhere to requirements specified by § 165-204.28.
In no case shall any structure exceed 200 feet in height.
§ 165-608.07. Additional requirements.
All uses in the EM District must conform with all state, federal and local regulations. All mining operators
shall submit to the Zoning Administrator a copy of the operations plan required by state agencies with
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the required site plan.
47
Proposed Changes – HE (Higher Education) District
Revised April 7, 2023
Part 606
HE (Higher Education) District
[Amended 4-7-2023]
§ 165-609.01 Intent.
The HE Higher Education District is intended to permit institutions of higher education in appropriate areas.
It is intended that uses in this district be properly separated from different uses in adjoining districts. The
North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in
classifying the permitted uses.
§ 165-609.02 Permitted uses.
Structures to be erected or land to be used shall be for one or more of the following uses:
Permitted Uses
Colleges, Universities, and Professional Schools
Public Utilities excluding Energy-Generating Facilities
Wired and Wireless Telecommunication Carriers (excluding Satellite)
§ 165-609.03 Yard and design requirements.
A. Structures shall be located 50 feet from any primary or arterial highway and 35 feet from any collector
or minor street.
B. The minimum side yard for all structures shall be 15 feet. An additional foot from the side yard
boundary shall be added to the minimum side yard setback for every foot that the height of the structure
exceeds 45 feet when the adjacent use is single-family residences.
C. The minimum rear yard for all structures shall be 25 feet. An additional foot from the rear yard
boundary shall be added to the minimum rear yard setback for every foot that the height of the structure
exceeds 45 feet when the adjacent use is single-family residences.
D. There shall be no minimum lot size or minimum lot width or depth.
E. Maximum floor area to lot area ratio (FAR) shall be 2.0.
F. Minimum landscaped area (percentage of lot area) shall be 25%.
§ 165-609.04 Buffers and screening.
A. The Zoning Administrator may require buffers, as defined in § 165-203.02A of this chapter, on lots
which abut land in any residential district or land in other zoning districts which are predominantly
residential in nature. The size and content of the buffers shall be based on the amount of separation
needed.
B. The Zoning Administrator may require landscaped screens or full landscaping, as defined by § 165-
203.02B of this chapter, to separate uses in this district from adjoining residential uses and to achieve
the intentions of this chapter.
§ 165-609.05 Height limitations.
The maximum structure height shall be 45 feet. The Board of Supervisors may waive the forty-five-foot
48
Proposed Changes – HE (Higher Education) District
Revised April 7, 2023
height limitation, provided that it will not negatively impact adjacent residential uses. In considering the
height waiver, the Board of Supervisors may require architectural renderings that demonstrate potential
impacts on adjacent residential uses. In no case shall any structure exceed 75 feet in height.
49
Proposed Changes – HE (Higher Education) District
Revised April 7, 2023
Part 606
HE (Higher Education) District
[Amended 4-7-2023]
§ 165-609.01 Intent.
The HE Higher Education District is intended to permit institutions of higher education in appropriate areas.
It is intended that uses in this district be properly separated from different uses in adjoining districts. The
North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in
classifying the permitted uses.
§ 165-609.02 Permitted uses.
Structures to be erected or land to be used shall be for one or more of the following uses:
Permitted Uses
Colleges, Universities, and Professional Schools
Public Utilities excluding Energy-Generating Facilities
Wired and Wireless Telecommunication Carriers (excluding Satellite)
A. Institutions of higher education.Colleges, Universities, and Professional Schools
B. Public utilities Utilities excluding energy-generating facilities. [Amended 1-8-2020]
C. Accessory uses and structures.
D. Off-street parking and loading.
E. Business signs. [Amended 2-13-2008]
F. Signs allowed in § 165-201.06B. [Added 2-13-2008]
G. Freestanding building entrance signs. [Added 2-13-2008]
HC. Wired and Wireless Telecommunication Carriers (excluding Satellite)Communication facilities and
offices, including telephone, telegraph, radio, television and other communications. [Added 12-11-
2019]
§ 165-609.03 Yard and design requirements.
[Amended 5-12-2010]
A. Structures shall be located 50 feet from any primary or arterial highway and 35 feet from any collector
or minor street.
B. The minimum side yard for all structures shall be 15 feet. An additional foot from the side yard
boundary shall be added to the minimum side yard setback for every foot that the height of the structure
exceeds 45 feet when the adjacent use is single-family residences.
C. The minimum rear yard for all structures shall be 25 feet. An additional foot from the rear yard
50
Proposed Changes – HE (Higher Education) District
Revised April 7, 2023
boundary shall be added to the minimum rear yard setback for every foot that the height of the structure
exceeds 45 feet when the adjacent use is single-family residences.
D. There shall be no minimum lot size or minimum lot width or depth.
E. Maximum floor area to lot area ratio (FAR) shall be 2.0.
F. Minimum landscaped area (percentage of lot area) shall be 25%.
§ 165-609.04 Buffers and screening.
[Amended 5-12-2010; 9-26-2012]
A. The Zoning Administrator may require buffers, as defined in § 165-203.02A of this chapter, on lots
which abut land in any residential district or land in other zoning districts which are predominantly
residential in nature. The size and content of the buffers shall be based on the amount of separation
needed.
B. The Zoning Administrator may require landscaped screens or full landscaping, as defined by § 165-
203.02B of this chapter, to separate uses in this district from adjoining residential uses and to achieve
the intentions of this chapter.
§ 165-609.05 Height limitations.
[Amended 5-12-2010]
The maximum structure height shall be 45 feet. The Board of Supervisors may waive the forty-five-foot
height limitation, provided that it will not negatively impact adjacent residential uses. In considering the
height waiver, the Board of Supervisors may require architectural renderings that demonstrate potential
impacts on adjacent residential uses. In no case shall any structure exceed 75 feet in height.
51
3/7/23, 10:54 AM Frederick County, VA HE Higher Education District
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A.
B.
C.
D.
E.
F.
G.
H.
A.
B.
Frederick County, VA
Tuesday, March 7, 2023
Chapter 165. Zoning
ARTICLE VI. Business and Industrial Zoning Districts
Part 609. HE Higher Education District
§ 165-609.01. Intent.
The HE Higher Education District is intended to permit institutions of higher education in appropriate
areas. It is intended that uses in this district be properly separated from different uses in adjoining
districts.
§ 165-609.02. Permitted uses.
Structures to be erected or land to be used shall be for one or more of the following uses:
Institutions of higher education.
Public utilities excluding energy-generating facilities.
[Amended 1-8-2020]
Accessory uses and structures.
Off-street parking and loading.
Business signs.
[Amended 2-13-2008]
Signs allowed in § 165-201.06B.
[Added 2-13-2008]
Freestanding building entrance signs.
[Added 2-13-2008]
Communication facilities and offices, including telephone, telegraph, radio, television and other
communications.
[Added 12-11-2019]
§ 165-609.03. Yard and design requirements.
[Amended 5-12-2010]
Structures shall be located 50 feet from any primary or arterial highway and 35 feet from any
collector or minor street.
The minimum side yard for all structures shall be 15 feet. An additional foot from the side yard
boundary shall be added to the minimum side yard setback for every foot that the height of the
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C.
D.
E.
F.
A.
B.
structure exceeds 45 feet when the adjacent use is single-family residences.
The minimum rear yard for all structures shall be 25 feet. An additional foot from the rear yard
boundary shall be added to the minimum rear yard setback for every foot that the height of the
structure exceeds 45 feet when the adjacent use is single-family residences.
There shall be no minimum lot size or minimum lot width or depth.
Maximum floor area to lot area ratio (FAR) shall be 2.0.
Minimum landscaped area (percentage of lot area) shall be 25%.
§ 165-609.04. Buffers and screening.
[Amended 5-12-2010; 9-26-2012]
The Zoning Administrator may require buffers, as defined in § 165-203.02A of this chapter, on lots
which abut land in any residential district or land in other zoning districts which are predominantly
residential in nature. The size and content of the buffers shall be based on the amount of
separation needed.
The Zoning Administrator may require landscaped screens or full landscaping, as defined by § 165-
203.02B of this chapter, to separate uses in this district from adjoining residential uses and to
achieve the intentions of this chapter.
§ 165-609.05. Height limitations.
[Amended 5-12-2010]
The maximum structure height shall be 45 feet. The Board of Supervisors may waive the forty-five-foot
height limitation, provided that it will not negatively impact adjacent residential uses. In considering the
height waiver, the Board of Supervisors may require architectural renderings that demonstrate potential
impacts on adjacent residential uses. In no case shall any structure exceed 75 feet in height.
53
Proposed Changes – MS District
Revised April 7, 2023
Part 504
MS (Medical Support) District
[Amended 4-7-2023]
§ 165-504.01 Intent.
The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers,
medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support
services and related residential land uses to be within close proximity of each other to provide for
professional and patient convenience. All land to be contained within the Medical Support District shall be
included within a master development plan to ensure that land uses are compatibly mixed, designed in a
harmonious fashion, and developed to minimize adverse impacts to adjoining properties. The North
American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in
classifying the permitted uses.
§ 165-504.02 Permitted uses.
A. All land uses shall be developed in accordance with an approved master development plan that meets
the criteria in Article VIII of this chapter.
B. Structures are to be erected or land used for one or more of the identified uses.
Permitted Uses
Colleges, Universities, Professional Schools, and Junior Colleges
Libraries
Pharmaceutical and Medicine Manufacturing
Scientific Research and Development Services including Testing Agencies
Food and Beverage Retailers excluding Fruit and Vegetable Stands and Vending Machine Operators
Food Services and Drinking Places excluding Mobile Food Services
Health and Personal Care Retailers
Miscellaneous Retailers limited to Bookstores, News Stands/Dealers, Stationary Stores, Gift Shops,
Florists, and Uniform Stores
Finance and Insurance, Holding, and Office of Real Estate
Hotel and Motels, including Rooming and Boarding Houses, and Dormitories; excluding Workers
Camps
Coin Operated Laundries, Drycleaners, and Linen Supplies
Personal Care Services
Photocopying and duplicating services
54
Proposed Changes – MS District
Revised April 7, 2023
Medical equipment rental and leasing
Data entry, data processing, data verification, and optical scanning data services
Product sterilization services
Electronic & Precision Equipment Repair and Maintenance
Physical fitness facilities
Civic and Social Organizations
Ambulatory Health Care Services, Hospitals, Nursing and Residential Care Facilities
Adult day-care centers
Child day-care services
Public buildings, including Social Service Offices
Pharmaceutical Machinery Manufacturing
Medical Equipment and Supplies Manufacturing
Medical, Dental, and Hospital Equipment Merchant Wholesalers
Ophthalmic Goods Merchant Wholesaler
Drugs & Druggists’ Sundries Merchant Wholesalers
Dormitories, Medical and Allied Health (as defined)
Halfway House (as defined)
Treatment Home (as defined)
Family Care Home (as defined)
Group Home (as defined)
Protected Populations Home (as defined)
Places of Religious Worship
Fire Protection
Conference/Event Centers (as defined)
Fleet Maintenance Facility
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Proposed Changes – MS District
Revised April 7, 2023
On-site Utility Systems (as defined
Telecommunications Towers and Facilities (as defined)
Warehousing, Medical and Allied Health Services (as defined)
Wellness Centers (as defined)
(a) Residential care facilities may consist of any of the following residential structures: single-family small
lot, duplex, multiplex, atrium house or garden apartments.
(b) Residential care facilities may include home occupations (as defined).
(c) Residential care facilities must conform to the following performance standards:
1 Maximum residential density shall not exceed 10 units per acre, provided the following:
[a] Single-family detached and single-family attached residential structures having individual
access shall have an average lot area of 3,000 square feet per dwelling unit.
[b] All other residential land uses shall provide a minimum of 1,000 square feet of average lot
area per bedroom.
[2] The residential care facilities must consist of residential units which provide all of the following for
its residents: independent-living facilities, congregate-care assisted-living facilities, and nursing
home care.
[3] Occupancy of the dwelling units is restricted to older persons [as such term is used in the definition
of "housing for older persons" in § 36-96.7 of the code of Virginia (1950, as amended)], with the
following exceptions:
[a] The spouse of a resident, regardless of age; and
[b] The child of a resident, provided that the child requires convalescent care, regardless of the
age of the child; and
[c] Resident staff necessary for operation of the facility are also allowed to live on site.
[4] The communities may provide ancillary services and facilities, such as, but not limited to,
transportation, a common dining room and kitchen, recreation area, meeting or activity rooms, library,
chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care
of the residents. Such facilities must be conveniently located in relation to the remainder of the
development, particularly the dwelling units; they must not be externally advertised. The Board of
Supervisors may restrict their use to residents and staff only.
§ 165-504.03 District area, floor-to-area ratios and residential gross densities.
A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These
parcels shall be required to receive approval of a master development plan which meets all applicable
requirements of Article VIII of this chapter.
B. Parcels that are less than 20 acres in size that are contiguous to a master-planned MS (Medical Support)
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Proposed Changes – MS District
Revised April 7, 2023
District development, including those parcels that are directly across public rights-of-way to a master-
planned MS (Medical Support) District development, may be rezoned to the MS District.
C. The Board of Supervisors may provide for the administrative approval of a parcel subdivision which
fronts on private street systems during the master development plan review process.
D. Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under
§ 165-504.02B, Educational support services, shall be allowed to develop a maximum floor-to-area ratio
(FAR) of two. The maximum FAR shall be based on the total site area for a master-planned MS
(Medical Support) District development that is to be developed as one parcel, or for the total site area of
individual parcels in the development that are subdivided for development purposes.
E. All permitted land uses other than those described in § 165-504.03B providing support services to this
district shall be allowed to develop a maximum floor-to-area ratio (FAR) of one. The maximum FAR
shall be determined as described in § 165-504.03D.
F. The overall gross densities for permitted land uses identified in § 165-504.02B shall be calculated as
described under this subsection:
(1) Single-family detached and single-family attached residential structures having individual access
may have a minimum lot size or average lot area of 3,000 square feet per dwelling unit.
(2) All other related residential land uses shall provide a minimum of 1,000 square feet of lot size or
average lot area per bedroom.
§ 165-504.04 Access regulations.
A. All land uses permitted in this Part 504 shall be served by street systems that are constructed to the
geometric design standards for urban collector streets and urban local streets. Such street systems may
be private or may be dedicated to Frederick County for eventual acceptance into the state secondary
road system.
B. Parcels that contain portions of collector street systems that are intended to continue through to other
parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to
applicable state secondary road standards and shall be dedicated to Frederick County for eventual
acceptance into the state secondary road system.
C. Commercial entrances for permitted support services and entrances for related residential developments
on urban collector streets shall have a minimum spacing requirement of 250 feet or minimum VDOT
spacing, whichever is greater, between entrances.
D. Commercial entrances for permitted support services and entrances for related residential developments
shall have a minimum spacing requirement satisfying VDOT spacing standards, , from street
intersections to provide for adequate vehicle stacking.
E. Driveways serving individual related residential land uses shall only be permitted along urban local
streets.
F. All permitted land uses shall be designed to provide for internal traffic circulation and interparcel
connectors to adjoining land uses to provide for access between uses without entering onto urban
collector streets. The Zoning Administrator may grant a waiver to this requirement if topographic
constraints or land use conflicts prevent interparcel connectivity or make it undesirable.
57
Proposed Changes – MS District
Revised April 7, 2023
§ 165-504.05 Structure and parking lot setback regulations.
A. All permitted educational, research, professional, commercial, and other related support services shall
have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard
setback of 35 feet from any urban local street.
B. All permitted related residential uses and continuing care retirement communities shall have a minimum
front yard setback of 25 feet from any public urban local street and a front yard setback of 20 feet from
any private urban local road. On residential units utilizing a rear alley for access, the setback off of a
private road may be reduced by 10 feet, provided there are not driveways on the private road to the
residential unit. Structural front yard setbacks from private roads shall be measured from the edge of the
access easement.
C. Residential housing units within a continuing-care retirement community, to include single-family small
lot, duplex and multiplex, shall have a minimum building spacing of 10 feet between units and no
building can be within 50 feet of the perimeter boundary of the development, provided that all
requirements of § 165-504.07 have been satisfied.
D. All permitted support services and related residential land uses other than those described in § 165-
504.05C are not proposed to have minimum side or rear yard setbacks. Individual parcels which are
designed to have structures placed on a side or rear property line shall be provided with a maintenance
easement on the adjoining parcel that is a minimum of 10 feet in width.
E. Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a
minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed
parcels.
F. Parking lots located between the urban collector street and the building front shall be developed to
include an earth berm or natural topography that is a minimum of three feet in height above the finished
grade developed at a slope of 3:1. Evergreen shrubbery that is a minimum of two feet in height at the
time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear
feet. This element shall begin at the street right-of-way and end at the beginning of the parking lot.
Parking lots located between the urban local street and the building front shall be developed to the
standards set forth in § 165-202.01 of this chapter.
G. Parcels which are designed to have parking lots located behind the building may have a reduced front
yard setback of 20 feet from any urban collector street and 15 feet from any urban local street.
§ 165-504.06 Height regulations.
A. The maximum structural height for hospitals, office buildings, and all land use permitted under § 165-
504.02B, shall be 90 feet.
B. The maximum structural height for residential care facilities, nursing and personal care facilities,
dormitories, garden apartments and automobile parking structures shall be 70 feet.
C. The maximum structural height for all other land uses permitted in this Part 504 shall be 35 feet.
D. Structural setbacks for all land uses permitted under § 165-504.06A and 165-504.06B shall be increased
one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall
be measured as follows:
(1) From the minimum front yard setback established along urban collector streets and urban local
streets for a master-planned MS (Medical Support) District development that is to be developed as
one parcel, or from the minimum front, side, and rear yards of individual parcels that are
58
Proposed Changes – MS District
Revised April 7, 2023
subdivided for development purposes.
(2) From any required buffer area for a master-planned MS (Medical Support) District that is to be
developed as one parcel, or for individual parcels that are subdivided for development purposes.
(3) From the minimum building separation distance established between residential and nonresidential
land uses.
E. A clear zone void of structures, signage, vegetation, and berms shall be established in areas determined
by the Fire Marshal to ensure appropriate emergency access for all land uses permitted under § 165-
504.06A and 165-504.06B. These identified areas shall begin at a distance of 25 feet from the structure
and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to
establish required clear zone areas if they cannot be provided on the individual lot proposed for
development.
§ 165-504.07 Open space, landscaped area, and buffer and screening regulations.
A. The minimum open space percentage for the MS (Medical Support) District shall include:
(1) Twenty percent of the overall gross area of a master-planned MS (Medical Support) District that is
to be developed as one parcel.
(2) Twenty-five percent of the total site area of individual parcels that are subdivided for support
services and 30% of the total site area of individual parcels that are subdivided for related
residential land uses.
B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as
required under § 165-202.01D(13), regarding parking lot landscaping, and § 165-203.02, Buffer and
screening requirements, of this chapter. Minimum standards for required vegetative elements include
two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities
and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open
space percentage.
C. Buffer and screening requirements for the MS (Medical Support) District shall include:
(1) Master development planned area that is to be developed as one parcel.
(a) A fifty-foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area,
measured from the adjoining property line, shall provide vegetative plantings, including a
single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of
planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two-
inch caliper at the time of planting. An earth berm that is four feet in height and constructed
on a slope of 3:1 shall be provided in addition to the vegetative plantings if the primary use of
the adjoining property is residential. Parking and maneuvering areas may be established
within the remainder of the buffer area, provided that all requirements of § 165-202.01D(13),
regarding parking lot landscaping, are met.
(b) A fifty-foot internal separation buffer between all support service land uses and related
residential land uses meeting the vegetative planting and earth berm requirements specified in
§ 165-504.07C(1)(a) of this Part 504.
(c) An internal residential separation buffer between detached, semi-detached, and all other
related residential land uses containing a twenty-five-foot buffer with a single row of
evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting.
59
Proposed Changes – MS District
Revised April 7, 2023
(d) Continuing-care retirement communities (as defined) shall be exempt from internal separation
and internal residential separation buffers.
(2) Master development planned area that is to be developed as individual parcels.
(a) Buffer and screening requirements between all land uses which are not contained within the
same categories identified in § 165-504.02B of this Part 504.
(b) All land uses required to provide buffers and screening internal to the MS (Medical Support)
District shall meet the requirements of a B Category buffer as described in § 165-203.02 of
this chapter; as well as all other applicable provisions of this section.
(3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for
agricultural activities shall provide the following buffers:
(a) A one-hundred-foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural
land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary
use is not residential or orchard. A twenty-foot landscaped easement, measured from the
adjoining property line, shall be provided which contains a single row of evergreen trees on
ten-foot centers that are a minimum of four feet at the time of planting and an earth berm that
is three feet in height and constructed on a slope of 3:1. Parking and maneuvering areas may
be established within the remainder of the buffer area, provided that all requirements of § 165-
202.01D(13), regarding parking lot landscaping, are met.
(b) A two-hundred-foot buffer adjacent to a parcel whose primary use is orchard. A forty-foot
landscaped easement, measured from the adjoining property line, shall be provided which
contains a double row of evergreen trees on ten-foot centers that are a minimum of four feet at
the time of planting and an earth berm that is six feet in height and constructed on a slope of
3:1. Parking and maneuvering areas may be established within the remainder of the buffer
area, provided that all requirements of § 165-202.01D(13), regarding parking lot landscaping,
are met.
(4) A road efficiency buffer meeting the requirements § 165-203.02E of this chapter shall be provided
for all related residential land uses permitted in § 165-504.02B(5) of this Part 504.
60
Proposed Changes – MS District
Revised April 47, 2023
Part 504
MS (Medical Support) District
[Amended 4-7-2023]
§ 165-504.01 Intent.
The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers,
medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support
services and related residential land uses to be within close proximity of each other to provide for
professional and patient convenience. All land to be contained within the Medical Support District shall be
included within a master development plan to ensure that land uses are compatibly mixed, designed in a
harmonious fashion, and developed to minimize adverse impacts to adjoining properties. The North
American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in
classifying the permitted uses.
§ 165-504.02 Permitted uses.
A. All land uses shall be developed in accordance with an approved master development plan that meets
the criteria in Article VIII of this chapter.
B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are
identified by Standard Industrial Classification North American Industry Classification. All uses
described by Standard Industrial Classification North American Industry Classification are allowed only
if the major group, industry group number, or industry number general group titles are used.
Permitted Uses
Colleges, Universities, Professional Schools, and Junior Colleges
Libraries
Pharmaceutical and Medicine Manufacturing
Scientific Research and Development Services including Testing Agencies
Food and Beverage Retailers excluding Fruit and Vegetable Stands and Vending Machine Operators
Food Services and Drinking Places excluding Mobile Food Services
Health and Personal Care Retailers
Miscellaneous Retailers limited to Bookstores, News Stands/Dealers, Stationary Stores, Gift Shops,
Florists, and Uniform Stores
Finance and Insurance, Holding, and Office of Real Estate
Hotel and Motels, including Rooming and Boarding Houses, and Dormitories; excluding Workers
Camps
Coin Operated Laundries, Drycleaners, and Linen Supplies
61
Personal Care Services
Photocopying and duplicating services
Medical equipment rental and leasing
Data entry, data processing, data verification, and optical scanning data services
Product sterilization services
Electronic & Precision Equipment Repair and Maintenance
Physical fitness facilities
Civic and Social Organizations
Ambulatory Health Care Services, Hospitals, Nursing and Residential Care Facilities
Adult day-care centers
Child day-care services
Public buildings, including Social Service Offices
Pharmaceutical Machinery Manufacturing
Medical Equipment and Supplies Manufacturing
Medical, Dental, and Hospital Equipment Merchant Wholesalers
Ophthalmic Goods Merchant Wholesaler
Drugs & Druggists’ Sundries Merchant Wholesalers
Dormitories, Medical and Allied Health (as defined)
Halfway House (as defined)
Treatment Home (as defined)
Family Care Home (as defined)
Group Home (as defined)
Protected Populations Home (as defined)
Places of Religious Worship
Fire Protection
62
Conference/Event Centers (as defined)
Fleet maintenance Facility; medical and Allied Health (as defined)
On-site Utility Systems (as defined
Telecommunications Towers and Facilities (as defined)
Warehousing, Medical and Allied Health Services (as defined)
Wellness Centers (as defined)
(1) Educational support services:
Allowed UsesPermitted Uses
Colleges, Uuniversities, Pprofessional Sschools, and
Jjunior Ccolleges
Standard Industrial
Classification (SIC)
822
NAICS
6113
Libraries 823 51912
Nursing schools, practical 8249 621610
(2) Research support services:
Allowed Uses Standard Industrial
Classification (SIC)
NAICS
Research and development facilities for
DrugsPharmaceutical and Medicine Manufacturing
283 32541
Commercial physical and biological researchScientific
Research and Development Services including Testing
Agencies
8731 5417
Noncommercial research and organizations 8733 5417
Testing Laboratories 8734 541380
(3) Professional and commercial support services.
Allowed Uses Standard Industrial NAICS
63
Classification (SIC)
Convenience storesFood and Beverage Retailers
excluding Fruit and Vegetable Stands and Vending
Machine Operators
5411 445
Retail bakeries Food Services and Drinking Places
excluding Mobile Food Services
546 722515
Coffee Stores, health food stores and vitamin stores 5499 4561
Retail uniform stores 5699 458110
Eating places 5812 7225
Drug stores and proprietary stores Health and Personal
Care Retailers
591 456110
BookstoresMiscellaneous Retailers limited to
Bookstores, News Stands/Dealers, Stationary Stores,
Gift Shops, Florists, and Uniform Stores
5942 459210
Stationary stores 5943 459410
Gift shops, greeting card shops, and balloon shops 5947 459420
Florists 5992 459310
New dealers and news stands 5994 459210
Optical goods stores 5995 456130
Orthopedic and artificial limb stores 5999 456199
Commercial banks [Added 7-23-2008]Finance and
Insurance, Holding, and Office of Real Estate
602 5221
Credit unions [Added 7-23-2008] 606 5221
Life insurance offices 6311 524128
Accident and health insurance offices 6321 524
Hospital and medical service plans office 6324 524114
Pension, health and welfare funds offices 6371 5251
Insurance agency, brokers and service offices1 6411 5242
1 Editor’s Note: The entry providing for operators of nonresidential buildings, which immediately followed this entry, was
repealed 7-23-2008 64
Real estate agents and managers offices 6531 5312
Holding offices 671 5511
Hotels and motels Hotel and Motels, including
Rooming and Boarding Houses, and Dormitories;
excluding Workers Camps
701 72111
Organizational hotels and lodging houses 704 7213
Garment pressing and agents for laundries and dry
cleaners Coin Operated Laundries, Drycleaners, and
Linen Supplies
7212 812
Linen supplies 7213 81233
Beauty Shops Personal Care Services 7231 8121
Barbershops 7241 8121
Photocopying and duplicating services 7334 561439
Medical equipment rental and leasing 7352 532283
Data entry, data processing, data verification, and
optical scanning data services
7374 518210
Product sterilization services 7389 561910
Hearing aid repair and medical equipment repair,
electricalElectronic & Precision Equipment Repair and
Maintenance
7629 811219
Dental instrument repair, laboratory instrument repair,
medical equipment repair except electric microscope
repair, optical instrument repair, scientific instrument
repair, except electric, and surgical instrument repair
7699 8112
Physical fitness facilities 7991 713940
Membership sports and recreation clubs Civic and
Social Organizations
7997 813410
Offices and clinics of doctors and dentists 801-804 621
Hospitals Ambulatory Health Care Services, Hospitals,
Nursing and Residential Care Facilities
806 622
Medical laboratories 8071 621511
Dental laboratories 8072 541715
65
Miscellaneous health and allied services 809 6214
Adult day-care centers [Added 7-23-2008] 8322 6241
Child day-care services 8351 62411
Public buildings, including the following
Social services offices
Free medical clinics
624
(4) Manufacturing and wholesaling support services:
Allowed Uses Standard Industrial
Classification (SIC)
NAICS
Pharmaceutical Mmachinery Manufacturing 3559 333310
Surgical, medical, and dental instruments and supplies
Medical Equipment and Supplies Manufacturing
384 3391
Ophthalmic goods 385 339115
Medical, Ddental, and Hhospital eEquipment and
suppliesMerchant Wholesalers
5047 423450
Ophthalmic Ggoods Merchant Wholesaler 5048 423460
Laboratory equipment, except medical and dental 5049 423450
Drugs, drug proprietaries, and druggist sundriesDrugs
& Druggists’ Sundries Merchant Wholesalers
512 4242
(a) All permitted manufacturing and wholesaling support services shall meet the flex-tech
performance standards as identified in § 165-204.06C of this chapter.
(b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering
areas, staging areas, and outdoor storage areas shall be shielded to direct light downward.
(5) Related residential uses to support hospitals, medical centers, medical offices, clinics and schools
of medicine: [Amended 7-23-2008]
Allowed Uses Standard Industrial
Classification (SIC)
NAICS
Operators of apartment buildings 6513 5311
66
Operators of dwellings other than apartment buildings 6514 5311
Dormitories, commercially operated 7021 7213
Nursing and personal care facilities 805 623
Residential care facilities 836 623
Dormitories, medical and allied health (As defined)
Halfway house (As defined)
Treatment home [Amended 6-13-201222] (As defined)
Family care home (As defined)
Group home (As defined)
Protected population home (As defined)
(6) Other related uses:
Allowed Uses Standard Industrial
Classification (SIC)
NAICS
Ambulance service, road and vanpool operations 4119 621910
Ambulance service, air 4522 621910
Automobile parking 7521 812930
ChurchesPlaces of Religious Worship 8661 813110
Fire protection 9224 922160
Conference/events center (As defined)
Fleet maintenance facility, medical and allied health (As defined)
On-site utility systems (As defined)
Telecommunications towers and facilities (As defined)
Warehousing, medical and allied health services (As defined)
Wellness centers (As defined)
2 Editor’s Note: This ordinance also repealed “drug treatment home,” which immediately followed this use. 67
(7) Continuing-care retirement communities. [Added 7-23-2008]
Allowed Uses Standard Industrial
Classification (SIC)
NAICS
Operators of apartment buildings 6513 5311
Operators of dwellings other than apartment buildings 6514 5311
Nursing and personal care facilities 805 6233
Residential care facilities 836 6233
(a) Residential care facilitiesIndependent-living facilities (as defined) may consist of any of the following
residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments.
(b) Residential care facilities may include home occupations (as defined).Home occupations (as defined).
(c) Residential care facilitiesContinuing-care retirement communities (as defined) must conform to the
following performance standards:
[1] All continuing-care retirement communities must be within a two-mile radius from the center of the
Route 37 Medical Center Interchange.
[21] Maximum residential density shall not exceed 10 units per acre, provided the following:
[a] Single-family detached and single-family attached residential structures having individual
access shall have an average lot area of 3,000 square feet per dwelling unit.
[b] All other residential land uses shall provide a minimum of 1,000 square feet of average lot
area per bedroom.
[23] The residential care facilitiescontinuing-care retirement community must consist of residential
units which provide all of the following for its residents: independent-living facilities, congregate-
care assisted-living facilities, and nursing home care.
[34] Occupancy of the dwelling units is restricted to older persons [as such term is used in the definition
of "housing for older persons" in § 36-96.7 of the code of Virginia (1950, as amended)], with the
following exceptions:
[a] The spouse of a resident, regardless of age; and
[b] The child of a resident, provided that the child requires convalescent care, regardless of the
age of the child; and
[c] Resident staff necessary for operation of the facility are also allowed to live on site.
[45] The communities may provide ancillary services and facilities, such as, but not limited to,
68
transportation, a common dining room and kitchen, recreation area, meeting or activity rooms, library,
chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care
of the residents. Such facilities must be conveniently located in relation to the remainder of the
development, particularly the dwelling units; they must not be externally advertised. The Board of
Supervisors may restrict their use to residents and staff only.
§ 165-504.03 District area, floor-to-area ratios and residential gross densities.
A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These
parcels shall be required to receive approval of a master development plan which meets all applicable
requirements of Article VIII of this chapter.
B. Parcels that are less than 20 acres in size that are contiguous to a master-planned MS (Medical Support)
District development, including those parcels that are directly across public rights-of-way to a master-
planned MS (Medical Support) District development, may be rezoned to the MS District.
C. The Board of Supervisors may provide for the administrative approval of a parcel subdivision which
fronts on private street systems during the master development plan review process. [Amended 7-23-
2008; 3-13-2013]
D. Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under
§ 165-504.02B(1), Educational support services, shall be allowed to develop a maximum floor-to-area
ratio (FAR) of two. The maximum FAR shall be based on the total site area for a master-planned MS
(Medical Support) District development that is to be developed as one parcel, or for the total site area of
individual parcels in the development that are subdivided for development purposes. [Amended 7-23-
2008]
E. All permitted land uses other than those described in § 165-504.03D 03B providing support services to
this district shall be allowed to develop a maximum floor-to-area ratio (FAR) of one. The maximum
FAR shall be determined as described in § 165-504.03D.
F. The overall gross densities for permitted land uses identified in § 165-504.02B(5) shall be calculated as
described under this subsection: [Amended 7-23-2008]
(1) Single-family detached and single-family attached residential structures having individual access
may have a minimum lot size or average lot area of 3,000 square feet per dwelling unit.
(2) All other related residential land uses shall provide a minimum of 1,000 square feet of lot size or
average lot area per bedroom.
§ 165-504.04 Access regulations.
A. All land uses permitted in this Part 504 shall be served by street systems that are constructed to the
geometric design standards for urban collector streets and urban local streets. Such street systems may
be private or may be dedicated to Frederick County for eventual acceptance into the state secondary
road system.
B. Parcels that contain portions of collector street systems that are intended to continue through to other
parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to
applicable state secondary road standards and shall be dedicated to Frederick County for eventual
acceptance into the state secondary road system.
C. Commercial entrances for permitted support services and entrances for related residential developments
on urban collector streets shall have a minimum spacing requirement of 250 feet or minimum VDOT
spacing, whichever is greater, between entrances. [Amended 7-23-2008]
69
D. Commercial entrances for permitted support services and entrances for related residential developments
shall have a minimum spacing requirement of 150 feet or minimum satisfying VDOT spacing standards,
whichever is greater, from street intersections to provide for adequate vehicle stacking. [Amended 7-23-
2008]
E. Driveways serving individual related residential land uses shall only be permitted along urban local
streets.
F. All permitted land uses shall be designed to provide for internal traffic circulation and interparcel
connectors to adjoining land uses to provide for access between uses without entering onto urban
collector streets. The Zoning Administrator may grant a waiver to this requirement if topographic
constraints or land use conflicts prevent interparcel connectivity or make it undesirable. [Amended 7-
23-2008; 9-26-2012]
§ 165-504.05 Structure and parking lot setback regulations.
A. All permitted educational, research, professional, commercial, and other related support services shall
have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard
setback of 35 feet from any urban local street.
B. All permitted related residential uses and continuing care retirement communities shall have a minimum
front yard setback of 25 feet from any public urban local street and a front yard setback of 20 feet from
any private urban local road. On residential units utilizing a rear alley for access, the setback off of a
private road may be reduced by 10 feet, provided there are not driveways on the private road to the
residential unit. Structural front yard setbacks from private roads shall be measured from the edge of the
access easement. [Amended 7-23-2008]
C. Residential housing units within a continuing-care retirement community, to include single-family small
lot, duplex and multiplex, shall have a minimum building spacing of 10 feet between units and no
building can be within 50 feet of the perimeter boundary of the development, provided that all
requirements of § 165-504.07 have been satisfied. [Added 7-23-2008]
D. All permitted support services and related residential land uses other than those described in § 165-
504.05C are not proposed to have minimum side or rear yard setbacks. Individual parcels which are
designed to have structures placed on a side or rear property line shall be provided with a maintenance
easement on the adjoining parcel that is a minimum of 10 feet in width. [Amended 7-23-2008]
E. Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a
minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed
parcels.
F. Parking lots located between the urban collector street and the building front shall be developed to
include an earth berm or natural topography that is a minimum of three feet in height above the finished
grade developed at a slope of 3:1. Evergreen shrubbery that is a minimum of two feet in height at the
time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear
feet. This element shall begin at the street right-of-way and end at the beginning of the parking lot.
Parking lots located between the urban local street and the building front shall be developed to the
standards set forth in § 165-202.01 of this chapter.
G. Parcels which are designed to have parking lots located behind the building may have a reduced front
yard setback of 20 feet from any urban collector street and 15 feet from any urban local street.
[Amended 7-23-2008]
§ 165-504.06 Height regulations.
A. The maximum structural height for hospitals, office buildings, and all land use permitted under § 165-
70
504.02B(1), Educational support services, shall be 90 feet.
B. The maximum structural height for residential care facilities, nursing and personal care facilities,
dormitories, garden apartments and automobile parking structures shall be 70 feet. [Amended 7-23-
2008]
C. The maximum structural height for all other land uses permitted in this Part 504 shall be 35 feet.
D. Structural setbacks for all land uses permitted under § 165-504.06A and 165-504.06B shall be increased
one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall
be measured as follows:
(1) From the minimum front yard setback established along urban collector streets and urban local
streets for a master-planned MS (Medical Support) District development that is to be developed as
one parcel, or from the minimum front, side, and rear yards of individual parcels that are
subdivided for development purposes. [Amended 7-23-2008]
(2) From any required buffer area for a master-planned MS (Medical Support) District that is to be
developed as one parcel, or for individual parcels that are subdivided for development purposes.
(3) From the minimum building separation distance established between residential and nonresidential
land uses.
E. A clear zone void of structures, signage, vegetation, and berms shall be established in areas determined
by the Fire Marshal to ensure appropriate emergency access for all land uses permitted under § 165-
504.06A and 165-504.06B. These identified areas shall begin at a distance of 25 feet from the structure
and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to
establish required clear zone areas if they cannot be provided on the individual lot proposed for
development.
§ 165-504.07 Open space, landscaped area, and buffer and screening regulations.
A. The minimum open space percentage for the MS (Medical Support) District shall include:
(1) Twenty percent of the overall gross area of a master-planned MS (Medical Support) District that is
to be developed as one parcel.
(2) Twenty-five percent of the total site area of individual parcels that are subdivided for support
services and 30% of the total site area of individual parcels that are subdivided for related
residential land uses.
B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as
required under § 165-202.01D(13), regarding parking lot landscaping, and § 165-203.02, Buffer and
screening requirements, of this chapter. Minimum standards for required vegetative elements include
two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities
and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open
space percentage.
C. Buffer and screening requirements for the MS (Medical Support) District shall include:
(1) Master development planned area that is to be developed as one parcel.
(a) A fifty-foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area,
measured from the adjoining property line, shall provide vegetative plantings, including a
single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of
71
planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two-
inch caliper at the time of planting. An earth berm that is four feet in height and constructed
on a slope of 3:1 shall be provided in addition to the vegetative plantings if the primary use of
the adjoining property is residential. Parking and maneuvering areas may be established
within the remainder of the buffer area, provided that all requirements of § 165-202.01D(13),
regarding parking lot landscaping, are met.
(b) A fifty-foot internal separation buffer between all support service land uses and related
residential land uses meeting the vegetative planting and earth berm requirements specified in
§ 165-504.07C(1)(a) of this Part 504.
(c) An internal residential separation buffer between detached, semi-detached, and all other
related residential land uses containing a twenty-five-foot buffer with a single row of
evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting.
(d) Continuing-care retirement communities (as defined) shall be exempt from internal separation
and internal residential separation buffers. [Added 7-23-2008]
(2) Master development planned area that is to be developed as individual parcels.
(a) Buffer and screening requirements between all land uses which are not contained within the
same categories identified in § 165-504.02B of this Part 504.
(b) All land uses required to provide buffers and screening internal to the MS (Medical Support)
District shall meet the requirements of a B Category buffer as described in § 165-203.02 of
this chapter; as well as all other applicable provisions of this section.
(3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for
agricultural activities shall provide the following buffers:
(a) A one-hundred-foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural
land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary
use is not residential or orchard. A twenty-foot landscaped easement, measured from the
adjoining property line, shall be provided which contains a single row of evergreen trees on
ten-foot centers that are a minimum of four feet at the time of planting and an earth berm that
is three feet in height and constructed on a slope of 3:1. Parking and maneuvering areas may
be established within the remainder of the buffer area, provided that all requirements of § 165-
202.01D(13), regarding parking lot landscaping, are met.
(b) A two-hundred-foot buffer adjacent to a parcel whose primary use is orchard. A forty-foot
landscaped easement, measured from the adjoining property line, shall be provided which
contains a double row of evergreen trees on ten-foot centers that are a minimum of four feet at
the time of planting and an earth berm that is six feet in height and constructed on a slope of
3:1. Parking and maneuvering areas may be established within the remainder of the buffer
area, provided that all requirements of § 165-202.01D(13), regarding parking lot landscaping,
are met.
(4) A road efficiency buffer meeting the requirements § 165-203.02E of this chapter shall be provided
for all related residential land uses permitted in § 165-504.02B(5) of this Part 504.
§ 165-504.08 Sign regulations.
A. Permitted signage. [Amended 2-13-2008]
(1) Business signs.
72
(2) Signs allowed in § 165-201.06B.
(3) Multi-tenant complex signs.
(4) Freestanding building entrance signs.
BA. All business signs shall be monument-style signs that are a maximum of 12 feet in height. Business
signs shall not exceed 100 square feet in area.
CB. All wall-mounted signs shall conform to § 165-201.06H(1) of this chapter. [Amended 7-23-2008]
DC. Sign setbacks shall conform to § 165-201.06E of this chapter, and sign spacing shall conform to § 165-
201.06F of this chapter. [Amended 7-23-2008]
ED. Directional signs and on-site informational signs shall be set back a minimum of five feet from all urban
collector streets, urban local streets, street intersections, and street entrances to provide for safe and
adequate sight distance. Directional signs shall not exceed 50 square feet in area, and informational
signs shall not exceed 20 square feet in area. Directional signs and informational signs shall be exempt
from minimum spacing requirements between business signs and other directional signs.
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A.
B.
(1)
(2)
Frederick County, VA
Tuesday, March 7, 2023
Chapter 165. Zoning
ARTICLE V. Planned Development Districts
Part 504. MS (Medical Support) District
[Added 9-12-2001]
§ 165-504.01. Intent.
The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers,
medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of
support services and related residential land uses to be within close proximity of each other to provide
for professional and patient convenience. All land to be contained within the Medical Support District
shall be included within a master development plan to ensure that land uses are compatibly mixed,
designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties.
§ 165-504.02. Permitted uses.
All land uses shall be developed in accordance with an approved master development plan that
meets the criteria in Article VIII of this chapter.
Structures are to be erected or land used for one or more of the identified uses. The permitted uses
are identified by Standard Industrial Classification. All uses described by Standard Industrial
Classification are allowed only if the major group, industry group number, or industry number
general group titles are used.
Educational support services:
Allowed Uses
Standard Industrial
Classification
(SIC)
Colleges, universities, professional schools, and junior
colleges
822
Libraries 823
Nursing schools, practical 8249
Research support services:
Allowed Uses
Standard Industrial Classification
(SIC)
Research and development facilities for the following
manufacturing groups:
283
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(3)
Allowed Uses
Standard Industrial Classification
(SIC)
Drugs
Commercial physical and biological research 8731
Noncommercial research organizations 8733
Testing laboratories 8734
Professional and commercial support services.
Allowed Uses
Standard Industrial Classification
(SIC)
Convenience stores 5411
Retail bakeries 546
Coffee stores, health food stores, and vitamin stores 5499
Retail uniform stores 5699
Eating places 5812
Drug stores and proprietary stores 591
Bookstores 5942
Stationary stores 5943
Gift shops, greeting card shops, and balloon shops 5947
Florists 5992
News dealers and news stands 5994
Optical goods stores 5995
Orthopedic and artificial limb stores 5999
Commercial banks
[Added 7-23-2008]
602
Credit unions
[Added 7-23-2008]
606
Life insurance offices 6311
Accident and health insurance offices 6321
Hospital and medical service plans offices 6324
Pension, health and welfare funds offices 6371
Insurance agents, brokers and service offices[1]6411
Real estate agents and managers offices 6531
Holding offices 671
Hotels and motels 701
Organizational hotels and lodging houses 704
Garment pressing and agents for laundries and dry
cleaners
7212
Linen supplies 7213
Beauty shops 7231
Barbershops 7241
Photocopying and duplicating services 7334
Medical equipment rental and leasing 7352
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[1]
(4)
(a)
(b)
Allowed Uses
Standard Industrial Classification
(SIC)
Data entry, data processing, data verification, and op-
tical scanning data service
7374
Product sterilization services
[Added 8-24-2004]
7389
Hearing aid repair and medical equipment repair,
electrical
7629
Dental instrument repair, laboratory instrument repair,
medical equipment repair, except electric, micro-
scope repair, optical instrument repair, scientific in-
strument repair, except electric, and surgical instru-
ment repair
7699
Physical fitness facilities 7991
Membership sports and recreation clubs 7997
Offices and clinics of doctors and dentists 801-804
Hospitals 806
Medical laboratories 8071
Dental laboratories 8072
Miscellaneous health and allied services 809
Adult day-care centers
[Added 7-23-2008]
8322
Child day-care services 8351
Public buildings, including the following:
Social services offices
Free medical clinics
Editor's Note: The entry providing for operators of nonresidential buildings, which immediately
followed this entry, was repealed 7-23-2008.
Manufacturing and wholesaling support services:
Allowed Uses
Standard Industrial Classification
(SIC)
Pharmaceutical machinery 3559
Surgical, medical, and dental instruments and
supplies
384
Ophthalmic goods 385
Medical, dental, and hospital equipment and supplies 5047
Ophthalmic goods 5048
Laboratory equipment, except medical and dental 5049
Drugs, drug proprietaries, and druggist sundries 512
All permitted manufacturing and wholesaling support services shall meet the flex-tech
performance standards as identified in § 165-204.06C of this chapter.
All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas,
maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct
light downward.
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(5)
[2]
(6)
(7)
Related residential uses to support hospitals, medical centers, medical offices, clinics and
schools of medicine:
[Amended 7-23-2008]
Allowed Uses
Standard Industrial Classification
(SIC)
Operators of apartment buildings 6513
Operators of dwellings other than apartment buildings 6514
Dormitories, commercially operated 7021
Nursing and personal care facilities 805
Residential care facilities 836
Dormitories, medical and allied health (As defined)
Halfway house (As defined)
Treatment home
[Amended 6-13-2012[2]]
(As defined)
Family care home (As defined)
Group home (As defined)
Protected population home (As defined)
Editor's Note: This ordinance also repealed "drug treatment home," which immediately followed
this use.
Other related uses:
Allowed Uses
Standard Industrial Classification
(SIC)
Ambulance service, road and vanpool operation 4119
Ambulance service, air 4522
Automobile parking 7521
Churches 8661
Fire protection 9224
Conference/events center (As defined)
Fleet maintenance facility, medical and allied health (As defined)
On-site utility systems (As defined)
Telecommunications towers and facilities (As defined)
Warehousing, medical and allied health services (As defined)
Wellness centers (As defined)
Continuing-care retirement communities.
[Added 7-23-2008]
Allowed Uses
Standard Industrial
Classification
(SIC)
Operators of apartment buildings 6513
Operators of dwellings other than apartment buildings 6514
Nursing and personal care facilities 805
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(a)
(b)
(c)
[1]
[2]
[a]
[b]
[3]
[4]
[a]
[b]
[c]
[5]
A.
Allowed Uses
Standard Industrial
Classification
(SIC)
Residential care facilities 836
Independent-living facilities (as defined) may consist of any of the following residential
structures: single-family small lot, duplex, multiplex, atrium house or garden apartments.
Home occupations (as defined).
Continuing-care retirement communities (as defined) must conform to the following
performance standards:
All continuing-care retirement communities must be within a two-mile radius from the
center of the Route 37 Medical Center Interchange.
Maximum residential density shall not exceed 10 units per acre, provided the
following:
Single-family detached and single-family attached residential structures having
individual access shall have an average lot area of 3,000 square feet per
dwelling unit.
All other residential land uses shall provide a minimum of 1,000 square feet of
average lot area per bedroom.
The continuing-care retirement community must consist of residential units which
provide all of the following for its residents: independent-living facilities, congregate-
care assisted-living facilities, and nursing home care.
Occupancy of the dwelling units is restricted to older persons [as such term is used in
the definition of "housing for older persons" in § 36-96.7 of the code of Virginia (1950,
as amended)], with the following exceptions:
The spouse of a resident, regardless of age; and
The child of a resident, provided that the child requires convalescent care,
regardless of the age of the child; and
Resident staff necessary for operation of the facility are also allowed to live on
site.
The communities may provide ancillary services and facilities, such as, but not limited
to, transportation, a common dining room and kitchen, recreation area, meeting or
activity rooms, library, chapel, convenience commercial area, or other services and
facilities for the enjoyment, service or care of the residents. Such facilities must be
conveniently located in relation to the remainder of the development, particularly the
dwelling units; they must not be externally advertised. The Board of Supervisors may
restrict their use to residents and staff only.
§ 165-504.03. District area, floor-to-area ratios and residential
gross densities.
All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres.
These parcels shall be required to receive approval of a master development plan which meets all
applicable requirements of Article VIII of this chapter.
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B.
C.
D.
E.
F.
(1)
(2)
A.
B.
C.
D.
E.
F.
Parcels that are less than 20 acres in size that are contiguous to a master-planned MS (Medical
Support) District development, including those parcels that are directly across public rights-of-way
to a master-planned MS (Medical Support) District development, may be rezoned to the MS
District.
The Board of Supervisors may provide for the administrative approval of a parcel subdivision which
fronts on private street systems during the master development plan review process.
[Amended 7-23-2008; 3-13-2013]
Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted
under § 165-504.02B(1), Educational support services, shall be allowed to develop a maximum
floor-to-area ratio (FAR) of two. The maximum FAR shall be based on the total site area for a
master-planned MS (Medical Support) District development that is to be developed as one parcel,
or for the total site area of individual parcels in the development that are subdivided for
development purposes.
[Amended 7-23-2008]
All permitted land uses other than those described in § 165-504.03D providing support services to
this district shall be allowed to develop a maximum floor-to-area ratio (FAR) of one. The maximum
FAR shall be determined as described in § 165-504.03D.
The overall gross densities for permitted land uses identified in § 165-504.02B(5) shall be
calculated as described under this subsection:
[Amended 7-23-2008]
Single-family detached and single-family attached residential structures having individual
access may have a minimum lot size or average lot area of 3,000 square feet per dwelling unit.
All other related residential land uses shall provide a minimum of 1,000 square feet of lot size
or average lot area per bedroom.
§ 165-504.04. Access regulations.
All land uses permitted in this Part 504 shall be served by street systems that are constructed to
the geometric design standards for urban collector streets and urban local streets. Such street
systems may be private or may be dedicated to Frederick County for eventual acceptance into the
state secondary road system.
Parcels that contain portions of collector street systems that are intended to continue through to
other parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to
applicable state secondary road standards and shall be dedicated to Frederick County for eventual
acceptance into the state secondary road system.
Commercial entrances for permitted support services and entrances for related residential
developments on urban collector streets shall have a minimum spacing requirement of 250 feet or
minimum VDOT spacing, whichever is greater, between entrances.
[Amended 7-23-2008]
Commercial entrances for permitted support services and entrances for related residential
developments shall have a minimum spacing requirement of 150 feet or minimum VDOT spacing,
whichever is greater, from street intersections to provide for adequate vehicle stacking.
[Amended 7-23-2008]
Driveways serving individual related residential land uses shall only be permitted along urban local
streets.
All permitted land uses shall be designed to provide for internal traffic circulation and interparcel
connectors to adjoining land uses to provide for access between uses without entering onto urban
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A.
B.
C.
[1]
D.
E.
F.
G.
A.
B.
collector streets. The Zoning Administrator may grant a waiver to this requirement if topographic
constraints or land use conflicts prevent interparcel connectivity or make it undesirable.
[Amended 7-23-2008; 9-26-2012]
§ 165-504.05. Structure and parking lot setback regulations.
All permitted educational, research, professional, commercial, and other related support services
shall have a minimum front yard setback of 50 feet from any urban collector street and a minimum
front yard setback of 35 feet from any urban local street.
All permitted related residential uses and continuing care retirement communities shall have a
minimum front yard setback of 25 feet from any public urban local street and a front yard setback of
20 feet from any private urban local road. On residential units utilizing a rear alley for access, the
setback off of a private road may be reduced by 10 feet, provided there are not driveways on the
private road to the residential unit. Structural front yard setbacks from private roads shall be
measured from the edge of the access easement.
[Amended 7-23-2008]
Residential housing units within a continuing-care retirement community, to include single-family
small lot, duplex and multiplex, shall have a minimum building spacing of 10 feet between units and
no building can be within 50 feet of the perimeter boundary of the development, provided that all
requirements of § 165-504.07 have been satisfied.
[Added 7-23-2008[1]]
Editor ’s Note: This ordinance also redesignated former Subsections C through F as Subsections D
through G, respectively.
All permitted support services and related residential land uses other than those described in
§ 165-504.05C are not proposed to have minimum side or rear yard setbacks. Individual parcels
which are designed to have structures placed on a side or rear property line shall be provided with
a maintenance easement on the adjoining parcel that is a minimum of 10 feet in width.
[Amended 7-23-2008]
Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set
back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into
developed parcels.
Parking lots located between the urban collector street and the building front shall be developed to
include an earth berm or natural topography that is a minimum of three feet in height above the
finished grade developed at a slope of 3:1. Evergreen shrubbery that is a minimum of two feet in
height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings
per 100 linear feet. This element shall begin at the street right-of-way and end at the beginning of
the parking lot. Parking lots located between the urban local street and the building front shall be
developed to the standards set forth in § 165-202.01 of this chapter.
Parcels which are designed to have parking lots located behind the building may have a reduced
front yard setback of 20 feet from any urban collector street and 15 feet from any urban local street.
[Amended 7-23-2008]
§ 165-504.06. Height regulations.
The maximum structural height for hospitals, office buildings, and all land use permitted under
§ 165-504.02B(1), Educational support services, shall be 90 feet.
The maximum structural height for residential care facilities, nursing and personal care facilities,
dormitories, garden apartments and automobile parking structures shall be 70 feet.
[Amended 7-23-2008]
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C.
D.
(1)
(2)
(3)
E.
A.
(1)
(2)
B.
C.
(1)
(a)
The maximum structural height for all other land uses permitted in this Part 504 shall be 35 feet.
Structural setbacks for all land uses permitted under § 165-504.06A and 165-504.06B shall be
increased one foot for every foot that the structure exceeds 35 feet in height. The increased
structural setback shall be measured as follows:
From the minimum front yard setback established along urban collector streets and urban local
streets for a master-planned MS (Medical Support) District development that is to be
developed as one parcel, or from the minimum front, side, and rear yards of individual parcels
that are subdivided for development purposes.
[Amended 7-23-2008]
From any required buffer area for a master-planned MS (Medical Support) District that is to be
developed as one parcel, or for individual parcels that are subdivided for development
purposes.
From the minimum building separation distance established between residential and
nonresidential land uses.
A clear zone void of structures, signage, vegetation, and berms shall be established in areas
determined by the Fire Marshal to ensure appropriate emergency access for all land uses permitted
under § 165-504.06A and 165-504.06B. These identified areas shall begin at a distance of 25 feet
from the structure and shall have a minimum width of 20 feet. An easement shall be obtained on
adjoining properties to establish required clear zone areas if they cannot be provided on the
individual lot proposed for development.
§ 165-504.07. Open space, landscaped area, and buffer and
screening regulations.
The minimum open space percentage for the MS (Medical Support) District shall include:
Twenty percent of the overall gross area of a master-planned MS (Medical Support) District
that is to be developed as one parcel.
Twenty-five percent of the total site area of individual parcels that are subdivided for support
services and 30% of the total site area of individual parcels that are subdivided for related
residential land uses.
All open space areas shall be landscaped to provide for a grass cover and vegetative elements as
required under § 165-202.01D(13), regarding parking lot landscaping, and § 165-203.02, Buffer
and screening requirements, of this chapter. Minimum standards for required vegetative elements
include two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater
management facilities and landscaped parking lot raised islands shall be permitted to be calculated
as part of the overall open space percentage.
Buffer and screening requirements for the MS (Medical Support) District shall include:
Master development planned area that is to be developed as one parcel.
A fifty-foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area,
measured from the adjoining property line, shall provide vegetative plantings, including a
single row of evergreen trees on ten-foot centers that are a minimum of four feet at the
time of planting, and a single row of deciduous trees spaced 30 feet apart that have a
minimum two-inch caliper at the time of planting. An earth berm that is four feet in height
and constructed on a slope of 3:1 shall be provided in addition to the vegetative plantings
if the primary use of the adjoining property is residential. Parking and maneuvering areas
may be established within the remainder of the buffer area, provided that all requirements
of § 165-202.01D(13), regarding parking lot landscaping, are met.
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(b)
(c)
(d)
(2)
(a)
(b)
(3)
(a)
(b)
(4)
A.
(1)
(2)
(3)
(4)
B.
A fifty-foot internal separation buffer between all support service land uses and related
residential land uses meeting the vegetative planting and earth berm requirements
specified in § 165-504.07C(1)(a) of this Part 504.
An internal residential separation buffer between detached, semi-detached, and all other
related residential land uses containing a twenty-five-foot buffer with a single row of
evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting.
Continuing-care retirement communities (as defined) shall be exempt from internal
separation and internal residential separation buffers.
[Added 7-23-2008]
Master development planned area that is to be developed as individual parcels.
Buffer and screening requirements between all land uses which are not contained within
the same categories identified in § 165-504.02B of this Part 504.
All land uses required to provide buffers and screening internal to the MS (Medical
Support) District shall meet the requirements of a B Category buffer as described in § 165-
203.02 of this chapter; as well as all other applicable provisions of this section.
All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for
agricultural activities shall provide the following buffers:
A one-hundred-foot buffer adjacent to a parcel whose primary use is agriculture.
Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District
whose primary use is not residential or orchard. A twenty-foot landscaped easement,
measured from the adjoining property line, shall be provided which contains a single row
of evergreen trees on ten-foot centers that are a minimum of four feet at the time of
planting and an earth berm that is three feet in height and constructed on a slope of 3:1.
Parking and maneuvering areas may be established within the remainder of the buffer
area, provided that all requirements of § 165-202.01D(13), regarding parking lot
landscaping, are met.
A two-hundred-foot buffer adjacent to a parcel whose primary use is orchard. A forty-foot
landscaped easement, measured from the adjoining property line, shall be provided which
contains a double row of evergreen trees on ten-foot centers that are a minimum of four
feet at the time of planting and an earth berm that is six feet in height and constructed on
a slope of 3:1. Parking and maneuvering areas may be established within the remainder
of the buffer area, provided that all requirements of § 165-202.01D(13), regarding parking
lot landscaping, are met.
A road efficiency buffer meeting the requirements § 165-203.02E of this chapter shall be
provided for all related residential land uses permitted in § 165-504.02B(5) of this Part 504.
§ 165-504.08. Sign regulations.
Permitted signage.
[Amended 2-13-2008]
Business signs.
Signs allowed in § 165-201.06B.
Multi-tenant complex signs.
Freestanding building entrance signs.
All business signs shall be monument-style signs that are a maximum of 12 feet in height. Business
signs shall not exceed 100 square feet in area.
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C.
D.
E.
All wall-mounted signs shall conform to § 165-201.06H(1) of this chapter.
[Amended 7-23-2008]
Sign setbacks shall conform to § 165-201.06E of this chapter, and sign spacing shall conform to
§ 165-201.06F of this chapter.
[Amended 7-23-2008]
Directional signs and on-site informational signs shall be set back a minimum of five feet from all
urban collector streets, urban local streets, street intersections, and street entrances to provide for
safe and adequate sight distance. Directional signs shall not exceed 50 square feet in area, and
informational signs shall not exceed 20 square feet in area. Directional signs and informational
signs shall be exempt from minimum spacing requirements between business signs and other
directional signs.
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Proposed Changes – SIC Conversion – Other Amendments
Revised April 7, 2023
Article I General Provisions; Amendments; and Conditional Use Permits
Part 101 General Provisions
§165-101.02 Definitions and word usage.
General Business Office. A room or building used for conducting the affairs of a business, professional,
service, industry, government or other enterprise.
Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204 Additional Regulations for Specific Uses
§165-204.05 Electrical, hardware, plumbing and heating equipment business (SIC 506 & 507)
§165-204.23 Welding repair (SIC 7692)
Article IV Agricultural and Residential Districts
Part 401 RA Rural Areas District
§165-401.02 Permitted uses.
KK. Blacksmith shops (SIC 5431)
§165-401.03 Conditional uses.
U. Welding repair (SIC 7692)
AA. Offices and clinics of doctors of medicine, dentists, and other health practitioners (SIC 801, 802, 803
and 804)
Part 402 RP Residential Performance District
§165-402.03 Conditional Uses
H. Offices and clinics of doctors of medicine, dentists, and other health practitioners (SIC 801, 802, 803
and 804)
Part 704 IA Interstate Overlay District
§165-704.04 Qualifying Criteria [Reserved]
A. On property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay
District, the following uses shall be authorized to erect a commercial business sign that complies with the
requirements of § 165-704.05 of this Part 704. Such commercial business signs complying with the
requirements of § 165-704.05 of this Part 704 shall hereinafter be referred to as "interstate overlay signs."
84
Proposed Changes – SIC Conversion – Other Amendments
Revised April 7, 2023
Qualifying Uses Standard Industrial Classification (SIC)
Gasoline service stations 5541
Eating and drinking establishments 58
Hotel and lodging establishments 70
B. Qualifying uses specified under § 165-704.04A that are authorized on property through the issuance of
a conditional use permit in the RA Rural Areas District may be entitled to erect an interstate overlay sign
that is of a greater height and size than is permitted in the underlying zoning district, provided that the
property has met the requirements of Article I of this chapter, the business sign complies with the
requirements of § 165-704.05 of this Part 704 and the qualifying use is located on property that is
delineated on the Official Zoning Map as being part of the Interstate Area Overlay District.
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: April 27, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Shipping Containers
Attachments:
DRRC04-27-23OA_Shipping_Containers.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee (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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