DRRCAgenda2023July271.Zoning Ordinance Text Amendment Proposals
1.A.Home Occupations (§165-101.02)
This is a proposal to amend the definition for "home occupations" to allow qualifying
home occupations to operate in a detached accessory building in the RA (Rural Areas)
zoning district.
This proposed amendment was initiated by staff.
1.B.Accessory Dwellings (§165-201.05(B))
This is a proposal to amend the "secondary or accessory uses" section to establish a
minimum square footage (SF) allowance for accessory dwellings of 500 SF.
This proposed amendment was initiated by staff.
1.C.Master Development Plans (§165-801.06(A) & §165-801.08)
This is a proposal to clean up the above sections to reflect the County's adopted
submission procedures for master development plans (MDP) and to remove remaining
reference to public meetings.
This proposal was initiated by staff.
2.Other
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, JULY 27, 2023
7:00 PM
FIRST-FLOOR CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
DRRC07-27-23OA_HomeOccupations.pdf
DRRC07-27-23OA_AccessoryDwellings.pdf
DRRC07-27-23OA_MDP.pdf
1
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: July 27, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Home Occupations (§165-101.02)
Attachments:
DRRC07-27-23OA_HomeOccupations.pdf
2
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Department of Planning & Development Staff
SUBJECT: Ordinance Amendment – Home Occupations
DATE: July 12, 2023
Proposal:
This is a proposal to amend the definition (§165-101.02) for “home occupations” to allow qualifying home
occupations to also operate in a detached accessory building only in the RA (Rural Areas) Zoning District.
This ordinance amendment was initiated by staff.
Current Zoning Ordinance Standard:
The Zoning Ordinance defines “home occupations” as an occupation or professional customarily carried
out in a dwelling unit which:
A. Actually is carried on wholly within the principle building or structure;
B. Is carried on by members of the household residing on the premises;
C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no
exterior display, no exterior storage of materials and no exterior indication of the home occupation or
variation from the residential character of the principle building and neighborhood;
D. Produces no offensive noise, vibrations, smoke, dust, heat, odor, glare, traffic hazard or congestion and
does not adversely affect the surrounding properties;
E. Requires no internal or external alterations or construction features or equipment or machinery not
customary in residential areas; and
F. Serves no more than five customers per day.
Presently to operate a business in a detached accessory building, a homeowner/business owner would be
required to apply for a conditional use permit (CUP) for a “cottage occupation.”
Requested Action:
Staff are seeking comments from the committee to forward to the Planning Commission and the Board of
Supervisors for additional discussion.
JAB/pd
Attachment: 1. Proposed Changes -– Redline
3
Proposed Changes – Home Occupation
Revised June 14, 2023
Chapter 165 – Zoning Ordinance
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CODNTIONAL USE PERMITS
Part 101 – General Provisions
§165-101.02 Definitions.
HOME OCCUPATION
An occupation or profession customarily carried on in a dwelling unit or an accessory building, which:
A. Actually is carried on wholly within the principle building or structure. In the RA (Rural Areas)
Zoning District a home occupation may be carried on in an accessory building;
B. Is carried on by members of the household residing on the premises;
C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no
exterior display, no exterior storage of materials and no exterior indication of the home
occupation or variation from the residential character of the principle building and neighborhood;
D. Produces no offensive noise, vibrations, smoke, dust, heat, odor, glare, traffic hazard or
congestion and does not adversely affect the surrounding properties;
E. Requires no internal or external alterations or construction features or equipment or machinery
not customary in residential areas; and
F. Serves no more than five customers per day.
4
Proposed Changes – Accessory Dwellings
Drafted April 25, 2023
accessory retailing component exceed 2,000 square feet. The square footage devoted to accessory
retail sales shall be included in calculating the limit of 25% on secondary uses.
5
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: July 27, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Accessory Dwellings (§165-201.05(B))
Attachments:
DRRC07-27-23OA_AccessoryDwellings.pdf
6
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Department of Planning & Development Staff
SUBJECT: Ordinance Amendment – Accessory Dwellings
DATE: July 12, 2023
Proposal:
This is a proposal to amend the “Secondary or accessory uses” section (§165-201.05) to establish a
minimum square footage (SF) allowance for accessory dwellings of 500 SF, or 25% of the gross floor area,
whichever is greater.
This ordinance amendment was initiated by staff.
Current Zoning Ordinance Standard:
The Zoning Ordinance currently permits accessory dwellings as no more than 25% of the gross floor area
of the primary residential structure on the lot. For example, a 1,500 GSF single-family home would be
allowed to have an accessory dwelling of only 375 SF. This potentially limits the ability of property owners
to create an accessory dwelling with sufficient habitable space that fulfills all building code requirements.
Requested Action:
Staff are seeking comments from the committee to forward to the Planning Commission and the Board of
Supervisors for additional discussion.
JAB/pd
Attachment: 1. Proposed Changes -– Redline
7
Proposed Changes – Accessory Dwellings
Drafted April 25, 2023
Chapter 165 – Zoning Ordinance
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.
A. Agricultural accessory uses. The selling or processing of agricultural products produced on the
premises shall be considered to be accessory to an agricultural use. On bona fide, operating farms,
temporary or permanent housing for workers actively working on the farm shall be an allowed
accessory use.
B. Accessory dwellings. One accessory dwelling shall be allowed with any single-family dwelling as
long as the following conditions are met:
1) The floor area of the accessory dwelling shall be no more than 25% of the gross floor
area of the primary residential structure on the lot or a minimum of 500 square feet,
whichever is greater.
2) In the RP Residential Performance, MH1 Mobile Home Community and R4 Residential
Planned Community Districts, accessory dwellings shall only be allowed if they are
attached to the primary residential structure.
3) In no case shall a mobile home be allowed as an accessory dwelling in the RP Residential
Performance District, R4 Residential Planned Community District and R5 Residential
Recreational Community District.
C. Dwellings in a business. One accessory dwelling shall be allowed with any business or industrial
use only so long as it is occupied by the owner of the business or industry, an employee or a
watchman.
D. Child day-care services. Child day-care services and facilities shall be allowed in the M1 Light
Industrial District as an accessory or secondary use to any allowed use or group of allowed uses
in an industrial park.
E. In no case shall a mobile home or temporary trailer be allowed as an accessory use, unless it is
used for temporary or permanent housing on a bona fide, operating farm.
F. Secondary or accessory uses shall be permitted by right in the B1, B2, B3, OM, M1 and M2
Districts, but only in conjunction with and secondary to a permitted principal use. The square
footage or area occupied by secondary uses cumulatively shall not exceed 25% of the gross floor
area of the related principal use. In the B3, OM, M1 and M2 Districts, no more than 15% of the
gross floor area of the principal use may be used for accessory retail sales, and in no case shall the
8
Proposed Changes – Accessory Dwellings
Drafted April 25, 2023
accessory retailing component exceed 2,000 square feet. The square footage devoted to accessory
retail sales shall be included in calculating the limit of 25% on secondary uses.
9
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: July 27, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Master Development Plans (§165-801.06(A) & §165-801.08)
Attachments:
DRRC07-27-23OA_MDP.pdf
10
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Department of Planning & Development Staff
SUBJECT: Ordinance Amendment – Master Development Plans
DATE: July 12, 2023
Proposal:
This is a proposal to clean up this section of the Zoning Ordinance to reflect the County’s adopted
submission procedures for master development plans (MDP) and to remove remaining references to public
meetings requirements prior to MDP approval.
This ordinance amendment was initiated by staff.
Current Zoning Ordinance Standard:
The master development plans (MDP) section (§165-801) was amended in October 2021 to remove public
meeting requirements from the MDP review and approval requirements. §165-801.06(A) and §165-801.08
still contain references to public meeting requirements and should be amended for consistency throughout
the section.
Requested Action:
Staff are seeking comments from the committee to forward to the Planning Commission and the Board of
Supervisors for additional discussion.
JAB/pd
Attachment: 1. Proposed Changes -– Redline
11
Proposed Changes – Master Development Plans
Drafted June 14, 2023
Chapter 165 – Zoning Ordinance
ARTICLE VIII
DEVELOPMENT PLANS AND APPROVALS
Part 801 – Master Development Plans
§165-801.06 Master development plan submission.
Applicants shall submit the number of copies of the preliminary MDP to the Department of Planning and
Development specified by the Department of Planning and Development MDP application, together with
completed application materials required by the Department of Planning and Development.
A. Applicants shall provide approval comments on the proposed development from various review
agencies or departments as required by the Department of Planning and Development. The
submission shall be complete when the plans, application materials and review agency approval
comments have been received by the Director of Planning and Development.
§165-801.08 Changes to approved master development plans.
Changes to an approved MDP shall occur only after review by the Planning Department using the
procedures required for the approval of a new plan.
12