DRRCAgenda2023September281.Zoning Ordinance Text Amendment Proposals
1.A.Sign Ordinance (§165-201.06)
This is a proposal to amend the sign ordinance to remove conflicting sections and
address sign heights for signs permitted in the RA (Rural Areas) Zoning District.
This proposed amendment was initiated by staff.
1.B.Off-Street Parking & Parking Lots (§165-202.01)
This is a proposal to update the required number of parking spaces for certain uses and
add parking requirements for certain uses not previously included. Other minor text
changes to the off-street parking requirements section are also proposed.
This proposed amendment was initiated by staff.
1.C.Telecommunications Facilities, Commercial (§165.204.19)
This is a proposal to amend the supplementary use regulations for commercial
telecommunication facilities to modify the criteria for a setback waiver by the Board of
Supervisors.
This proposed amendment was initiated by a telecommunications provider.
2.Other
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, SEPTEMBER 28, 2023
7:00 PM
FIRST-FLOOR CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
DRRC09-28-23OA_Signs.pdf
DRRC9-28-23OA_OffStreetParking_ParkingLots.pdf
DRRC09-28-23OA_Telecommunications Facilites_Commercial.pdf
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: September 28, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Sign Ordinance (§165-201.06)
Attachments:
DRRC09-28-23OA_Signs.pdf
2
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Development Review and Regulations Committee
FROM: Department of Planning & Development Staff
SUBJECT: Ordinance Amendment – Sign Ordinance
DATE: September 14, 2023
Proposal:
The following changes are proposed to Signs Ordinance (§165-201.06) section of the Zoning
Ordinance:
- To remove §165-201.06(1)(C) which is no longer necessary as “signs allowed in certain districts”
are no longer listed in each zoning district. Table 1, outlined later in the Sign Ordinance, specifies
the sign types allowed in each zoning district.
-To increase the allowed height permitted in the RA (Rural Areas) Zoning District from four (4)
feet to eight (8) feet in height.
This ordinance amendment was initiated by staff.
Current Zoning Ordinance Standard:
A comprehensive revision to the sign ordinance was adopted by the Board of Supervisors in May
2023. In implementing the revised ordinance staff has identified inconsistencies in the sections
that require immediate attention. The sign height currently permitted in the RA District (four feet)
was carried over from the previous version of the ordinance.
Requested Action:
Staff is seeking comments from the Committee to forward to the Planning Commission and the
Board of Supervisors for additional discussion.
MTK/pd
Attachment: 1. Proposed Changes -– Redline
3
Proposed Changes – Sign Ordinance Revisions
Drafted August 30, 2023
ARTICLE II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR
SPECIFIC USES
Part 201 – Supplementary Use Regulations
§165-201.06 Signs
1. Signs Prohibited and Permitted.
A. Signs and characteristics prohibited in all districts. The following signs are unlawful and prohibited in
all zoning districts:
(1) Signs that violate state or federal law, for example unofficial traffic control devices as prohibited
under § 46.2-831 of the Virginia Code.
(2) Signs with characteristics that create a safety hazard or are contrary to the general welfare.
(3) Certain sign types. Signs that are:
a. Animated or flashing signs.
b. Signs painted directly onto the exterior of buildings.
c. Inflatable signs.
d. Roof sign.
e. Snipe Signs
B. Signs allowed in all districts. The following signs are allowed without a sign permit and will not be
included in the determination of the type, number, or area of permanent signs allowed within a zoning
district, provided such signs comply with the regulations in this section, if any.
(1) Address signs.
(2) Government/regulatory signs.
(3) Official traffic signs and private road/drive signs.
(4) Signs erected or required by a governmental agency.
(5) Temporary signs.
(6) Flag signs.
(7) Directional signs.
(8) Holiday and seasonal decorations.
(9) Security and warning signs.
(10) Legal notices, such as posted service or notice of unfitness for habitation.
C. Signs allowed in certain districts. The following types of signs are allowed only if they are specifically
listed under the list of allowed uses for the zoning districts in which they are located:
(1) Monument signs.
(2) Multi-tenant Complex signs.
(3) Wall-Mounted signs.
(4) Window signs.
(5) Off-Premise signs.
(6) Electronic signs.
(7) Signs approved with a Conditional Use Permit, such as cottage occupation signs.
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Proposed Changes – Sign Ordinance Revisions
Drafted August 30, 2023
(4) Specific sign regulations by zoning district.
(a) RA (Rural Areas) District. For parcels in the RA District with an allowed by-right use (excluding
residences) or an approved conditional use permit (CUP) the maximum size and number of signs that
the owner or owners of the property may erect and maintain at the entrances to the property are
subject to the following requirements:
1. Signs in the RA District may be pole-mounted, hanging or monument style signs.
2. Number. One sign is permitted per parcel.
3. Height. Signs in the RA District must not exceed four eight feet in height.
4. Size. Signs in the RA District must not exceed 50 square feet in sign area.
5. Illumination. All sign illumination must comply with requirements outlined in § 165-
201.06B(2)(c), Sign illumination.
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: September 28, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Off-Street Parking & Parking Lots (§165-202.01)
Attachments:
DRRC9-28-23OA_OffStreetParking_ParkingLots.pdf
6
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Development Review and Regulations Committee
FROM: Department of Planning & Development Staff
SUBJECT: Ordinance Amendment – Off-Street Parking
DATE: September 14, 2023
Proposal:
This is a proposal to amend the off-street parking requirements (§165-202.01) section of the
Zoning Ordinance:
-To better organize the parking requirements table by grouping similar uses.
-To provide new parking standards for uses previously not included (for example: public utilities)
and to revise parking requirements for certain uses (for example: indoor recreation).
-Other minor changes to the off-street parking section are also proposed to revise working to better
clarify requirements, where appropriate.
This ordinance amendment was initiated by staff.
Current Zoning Ordinance Standard:
The current off-street parking requirements were last updated in 2009.
Requested Action:
Staff is seeking comments from the Committee to forward to the Planning Commission and the
Board of Supervisors for additional discussion.
MTK/pd
Attachment: 1. Proposed Changes -– Redline
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Proposed Changes – Parking Requirements
Revised September 21, 2023
Chapter 165 – Zoning Ordinance
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 202
Off-Street Parking, Loading and Access
§165-202.01 Off-street parking; parking lots.
Off-street parking shall be provided on every lot or parcel on which any use is established according to
the requirements of this section. This section is intended to ensure that parking is provided on the lots to
be developed and to ensure that excess parking in public street rights-of-way does not interfere with
traffic.
A. Required parking spaces.
1. For certain residential uses, parking requirements are contained in the zoning district
regulations. In all other cases, parking Parking spaces shall be provided with each
allowed use, on the lot or within the development containing the use, according to the
following table:
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Proposed Changes – Parking Requirements
Revised September 21, 2023
1.
Golf Courses, Driving Ranges and Miniture Golf 1 per hole or tee and 1 per employee based on maximum shift
Outdoor Recreation 1 space per 100 square feet of gross floor, building, water, or
ground area; plus 1 space per employee
Campgrounds 1 per campsite
Indoor Recreation 1 per 4 seats or 1 per 4 occupants based on maximum
Wholesaling, Warehouse, Truck Terminals, and
Construction Storage, Manufacturing and other Industrial
Uses
1.5 per employee, plus any spaces for office or similar use, 1
per each company vehicle or equipment stored
Utilities, Public Minimum of 1 for maintenance personnel or as required by the
Zoning Administrator.
Recreational Uses
Shopping Center (small strip mall style centers)6 per 1000 square feet retail area for centers up to 30,000
Shopping Centers (nonenclosed); large integrated 4 per 1,000 square feet of retail area for centers over 60,000
Shopping Centers (mall type centers)3.5 per 1000 square feet of retail floor area for up to 400,000
Restaurants, Fast Food/Drive-in 1.4 per 100 square foot of seating area
Retail and Personal Services 1 per 200 square foot of retail floor area
Self-service Storage 3 at office; plus 1 per employee
Motel, Hotel, Lodges 1 per room, plus Restaurant and Meeting room spaces related
Movie Theaters 1 per 4 seats
Restaurants 1 per 100 square foot seating floor area
General Offices 1 per 250 square foot of office area
Medical, Dental, Veterinaran Offices and Clinics 1 per 250 square foot of office area
Mining 3 per every 4 employees
Fast Food/Drive-In Restaurants 1.4 per 100 square foot of seating area
Funeral Homes 1 per 4 seats; 30 spaces minimum
Furniture and Carpet Stores; Retail Nurseries; Farm 1 per 400 square foot of enclosed floor area, plus 1 per 3,000
Automotive Service and Service Stations 2 per service bay; plus required spaces per retail or office
Banks and Banks with Drive-in Windows 1 per 400 square feet of floor area
Commercial Cemetary 25 minimum
Hospitals 1.8 per bed
Commercial Uses
Assembly Halls and Meeting Halls 1 per 3 seats
Place of Religious Worship 1 per three seats
Schools, Elementary or Middle/Intermediate 1 per faculty or employee; 4 for Visitors
Schools, High No Fewer than 1 per faculty and staff member and other full-
Fraternal lodges, civic clubs, and social centers 1 per 250 square foot floor area, assembly area, or
Libraries, Museums, Galleries 1 per 400 square foot of floor area; minimum 10
Nursing Homes, Personal Care, Adult Care Residence, and 1 per 4 Beds, Plus 1 per employee
Institutional and Community Service Uses
Colleges or Universities 1 per faculty or employee; 1 per 10 students based on
maximum occupancy
Day Care 1 per 5 children; plus 1 per employee
Residential Uses
Single-Family Attached 2.5 per Dwelling
Single-Family Detached 2.0 per Dwelling
Mobile Homes 2.0 per Dwelling
2 per Single Family Dwelling, plus 1 per guest room
1.5 per Unit
Rooming houses, Boarding Houses, Tourist Homes, and
Bed and Breakfast
Multifamily Age Restrictive
Multifamily Residential 2 per Dwelling Unit
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Proposed Changes – Parking Requirements
Revised September 21, 2023
2. Interpretation. When a use is not specifically listed above, the Zoning Administrator shall
may determine which of the above categories to use to determine the spaces required,
based on similarities between the characteristics of the uses. When a use is not
specifically listed above, the Zoning Administrator may also use information provided by
the applicant or other sources of information to determine the number of spaces required.
3. Change in use or expansion. Parking requirements for changes in use and/or an expansion
or enlargement of an existing structure and/or use shall be in accordance with the
following:
a. When there is a change in use (excluding shopping centers) to a use which has
the same or lesser parking requirement than the previous use, no additional
parking shall be required. When there is a change to a use which has a greater
parking requirement than the previous use, the minimum off-street parking
requirements in accordance with the provisions of this chapter shall be provided
for the new use.
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Proposed Changes – Parking Requirements
Revised September 21, 2023
b. When an existing structure and/or use is expanded or enlarged, the additional
minimum off-street parking requirements in accordance with the provisions of
this chapter shall be provided for the area of such expansion or enlargement.
4. Procedure for adjustments to parking requirements.
a. Generally, the Zoning Administrator may approve a reduction in required
parking spaces. Applications for such a reduction shall be submitted to the
Zoning Administrator in conjunction with a site plan and include the following:
1) A parking demand analysis which substantiates the basis for a reduced
number of parking spaces.
2) A plan showing how the parking spaces will be provided on the site.
3) An executed covenant guaranteeing that the owner will provide the
additional spaces otherwise required, after thorough investigation by
the Zoning Administrator of the actual utilization of parking spaces at
the building or complex, if the Zoning Administrator decides that the
approved reduction be modified or revoked. Said covenant shall:
a) Be executed by the owner of said lot or parcel of land and the
parties having beneficial use thereof;
b) Be enforceable by the owner, the parties having beneficial use,
and their heirs, successors and assigns, or both;
c) Be enforceable against the owner, the parties having beneficial
use, and their heirs, successors and assigns, or both: and
d) Be recorded in the office of the Clerk of the Circuit Court.
b. Parking for mixed uses and loading facilities. In the case of mixed uses (not
qualifying as accessory) or two or more buildings upon a single lot or unified
parcel or upon contiguous parcels, the total requirements for parking and
loading facilities shall be the sum of the requirements of the various uses
computed separately. However, cumulative parking requirements for mixed-use
occupancies may be reduced where the Zoning Administrator determines that
the peak requirement of the several occupancies occurs at different times
(either daily or seasonally), and the parking demand can be provided on the
premises.
c. Captive market. Parking requirements for retail and restaurant uses may be
reduced where the Zoning Administrator determines that some portion of the
patronage of these businesses comes from other uses (i.e., employees of area
offices patronizing restaurants) located within the same building or a maximum
walking distance of 400 feet.
5. When the calculation of parking spaces results in a fraction of 0.5 or greater, the next
greatest whole number shall be used.
6. In circumstances when no customer or public entrance or access is located at the side or
rear of a structure, no more than 5% of the required spaces shall be located in the rear of
buildings for commercial uses such as, but not limited to, shopping centers, restaurants,
office or other retail uses.
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Proposed Changes – Parking Requirements
Revised September 21, 2023
7. When the required spaces are based on a number of employees, students, seats or other
factor that can vary over time, the spaces required shall be based on the maximum
number of employees, students, and attendees normally present at any one time.
8. Parking spaces based on floor area shall be determined based on the gross total floor area
devoted to each separate use on the site.
B. Shared parking. Required parking spaces may be located on a lot other than the lot containing the
use under the following circumstances:
1. Parking for a use on a lot may be located on an abutting lot if the zoning of the abutting
lot is the same as the lot containing the use.
2. When shared parking is provided on abutting lots, the total spaces provided shall equal
the sum of the number required for each use sharing the parking.
3. When shared parking is provided on abutting lots, means of pedestrian access shall be
provided between each use sharing the parking and the parking area.
4. When shared parking is provided on abutting lots, a lease, easement or other form of
agreement shall be executed among the property owners sharing the parking assuring the
use of the required parking spaces and assuring proper maintenance of the parking area.
Said agreement shall be submitted to the Zoning Administrator for review and approval.
C. Parking limit for certain commercial vehicles.
1. Within the RA Rural Areas District, RP Residential Performance District, the R5
Residential Recreational Community District, MH1 Mobile Home Community District,
or any residential portion of the R4 (Residential Planned Community) District and the
MS (Medical Support) District, the parking of the following types of vehicles shall be
prohibited:
a. Tractor truck or tractor truck trailer.
b. Semitrailer.
c. Garbage, refuse or recycling trucks.
d. Towing and recovery vehicles.
e. Cement trucks.
f. Construction equipment (as defined).
g. Buses.
h. Dump trucks.
i. Trucks with a total length of 25 feet or greater.
j. Any vehicle with three or more axles.
k. Any commercial vehicle as defined in § 165-101.02 of this Code.
2. Construction equipment. Construction equipment and construction-related vehicles shall
not be parked or stored in any residential community, or residential portion of a planned
community, except during the tenure of construction, and only when being used for
construction purposes on or proximate to the lot where parked or stored. Valid building
and/or site development permits and continuous pursuit of completion of the permitted
construction or development shall be required to demonstrate the existence of bona fide
construction activity.
3. Exceptions. The provisions of this subsection shall not apply to:
a. Any commercial vehicle when taking on or discharging passengers or when
temporarily parked pursuant to the performance of work or service at a
particular location; or
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Proposed Changes – Parking Requirements
Revised September 21, 2023
b. Any commercial vehicles (as defined in § 165-101.02) specifically permitted as
part of a home or cottage occupation.
D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the
business or industrial zoning district or required for any institutional, commercial or industrial use
in any zoning district shall meet the following requirements:
1. Surface materials. In the RP Residential Performance District, the R4 Residential Planned
Community District, the R5 Residential Recreational Community District, the MH1
Mobile Home Community District, the B1 Neighborhood Business District, the B2
Business General District, the B3 Industrial Transition District, the TM Technology-
Manufacturing District, the M1 Light Industrial District, the M2 Industrial General
District, MS Medical Support District, RA (Rural Areas) District and the HE (Higher
Education) District, parking lots shall be paved with concrete, bituminous concrete or
similar materials. Such surface materials shall provide a durable, dust- and gravel-free,
hard surface.
a. The Zoning Administrator may allow for the use of other hard-surface
materials for parcels located outside of the Sewer and Water Service Area if the
site plan provides for effective stormwater management and efficient
maintenance. In such cases, parking lots shall be paved with a minimum of
double prime-and-seal treatment or an equivalent surface.
b. In the RA (Rural Areas) District, parking lots with 10 or fewer spaces shall be
permitted to utilize gravel surfaces.
c. Reinforced grass systems or other suitable materials may be used for overflow
parking areas, low-volume accessways in all zoning districts and for
agricultural uses in the RA (Rural Areas) District. Parking areas utilizing these
materials shall have defined travel aisles and designated parking bays. These
materials shall only be utilized with approval of the Frederick County Zoning
Administrator and the Director of Public Works.
d. The Zoning Administrator may approve alternative surface materials for
parking lots for parcels located inside of the Sewer and Water Service Area
when necessary to implement low-impact development design and where
approved by the Director of Public Works; such materials may include but are
not limited to permeable paving systems.
2. Space demarcation. For single-family attached and multifamily developments, required
off-street parking spaces shall be demarcated by four-inch durable white lines painted on
the pavement or curb. Any other proposed color and size will require approval of the
Zoning Administrator. Full delineation by four-inch-wide lines painted on the pavement
the full width of or length of the parking stall or parking spaces shall be required in
commercial, office and industrial developments. Where paved parking areas are not
required, delineation of parking spaces shall be by the use of individual wheel stops or
other acceptable means for each unpaved parking space. Signs and pavement markings
shall be utilized, as necessary, to ensure safe traffic movement and pedestrian access and
to designate handicapped parking spaces.
3. Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of
all parking lots. When stormwater drains away from the curb, gutter pans shall not be
required for parking areas that abut buildings when sidewalks with turndown curbing are
used. All curbing shall be a minimum of six inches in height. All parking lots shall be
included within an approved stormwater management plan.
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Proposed Changes – Parking Requirements
Revised September 21, 2023
a. In the B3 Industrial Transition District, the TM Technology-Manufacturing
District, the M1 Light Industrial District and the M2 Industrial General
District, the use of header curb shall be permitted in areas where the use of
gutters is not necessary for stormwater management purposes.
b. The Zoning Administrator may allow for the use of concrete bumpers instead
of curbing for parcels located outside of the Sewer and Water Service Area if
the site plan provides for effective stormwater management and efficient
maintenance.
c. The Zoning Administrator may allow for the elimination of curb and gutter for
parcels located inside of the Sewer and Water Service Area when necessary to
implement low-impact development design. This shall only be permitted where
practices such as bioretention, infiltration trenches, and rain gardens are used
and only where it can be demonstrated that soil conditions are favorable, or if
an adequate underdrain is included in the design and only when approved by
the Director of Public Works.
4. Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an
aisle or driveway in the RP Residential Performance District, the R4 Residential Planned
Community District, the R5 Residential Recreational Community District, the MH1
Mobile Home Community District, the B1 Neighborhood Business District, the B2
Business General District, the B3 Industrial Transition District, the TM Technology-
Manufacturing District, the M1 Light Industrial District, the M2 Industrial General
District, the MS Medical Support District and the HE (Higher Education) District. The
raised islands shall be bordered by a six-inch concrete or rolled asphalt curb. All islands
shall be at least nine feet wide and shall extend the length of the parking space or bay.
The islands shall be landscaped with grass, shrubs, or other vegetative materials.
a. The Zoning Administrator may waive the requirement for raised islands for
parcels located outside of the Sewer and Water Service Area when curb and
gutter is not proposed.
b. The Zoning Administrator may approve modifications to the landscaped
islands for parcels located inside of the Sewer and Water Service Area when
necessary to implement low-impact development design and where approved
by the Director of Public Works.
5. Low-impact development. Low-impact development techniques are encouraged by the
County and should be incorporated into the design of individual developments when
deemed appropriate by the applicant after consultation with appropriate county officials.
Low-impact design options such as rain gardens may be used to satisfy the greenspace
requirements for parking areas, such as landscaped islands and minimum landscaped
area.
6. Setbacks. All parking lots, loading spaces and travelways, except for single-family
detached and mobile home residential uses, shall be set back as follows:
a. At least 10 feet from any street or road right-of-way.
b. At least five feet from all other property lines, except in cases where more than
one lot shares the parking lot.
c. In the M1 (Light Industrial) District and M2 (Industrial General) District,
parking lots shall be located no closer than 10 feet to any minor or local street
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Proposed Changes – Parking Requirements
Revised September 21, 2023
or road right-of-way and no closer than 25 feet to any collector or arterial street
or road right-of-way.
7. Handicapped spaces. Handicapped parking and building or sidewalk accessibility shall be
provided in any parking lot in accordance with the current edition of the Virginia
Uniform Statewide Building Code (VUSBC).
8. Entrance requirements. In no case shall a parking lot be approved which requires that
vehicles back from parking spaces onto public roads. All parking lots shall be provided
access to a public road using an entrance which meets all requirements of the Frederick
County Code and the Virginia Department of Transportation. The width of driveways
serving the parking lot shall not be less than 20 feet for two-way traffic, 20 feet for fire
lanes, and 12 feet for one-way traffic.
9. Parking space size and aisle requirements.
a. All parking spaces and aisles shall be provided in accordance with Tables 1.1
and 1.2.
b. For other angles, the aisle width shall be the same as for the nearest angle in the
above table.
10. The Zoning Administrator may approve alternative parking space size, space
demarcation, aisle dimensions and parking islands for areas used for the display or
storage of vehicles for sale by a vehicle dealer. Upon a change of use for the property or
site, the spaces, demarcation, aisles and islands must be revised to conform to this
chapter.
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Proposed Changes – Parking Requirements
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11. Obstructions and structures. Parking lots shall be designed to permit each vehicle to
proceed to and from all unoccupied parking spaces without requiring the moving of any
other parked motor vehicle. Utility poles, light standards, trash containers and similar
structures shall not be permitted within any aisle or parking space. Any structure located
in a parking lot shall be surrounded on all sides abutting spaces or aisles by a six-inch
concrete curb. The structure shall be separated from the curb by a distance of three feet.
12. Drive-in lanes. Drive-in lanes shall be required for all drive-in or pickup facilities. Drive-
in lanes shall be designed to provide for a minimum width of nine feet and a minimum
stacking distance of 90 feet. Canopy supports and raised concrete pads designed to
support pneumatic tubes, automatic teller machines and other structures shall not be
located within the area required for minimum drive-in lane widths. All drive-in lanes
shall be clearly separated from parking spaces, travel aisles, maneuvering areas and
driveways. The Zoning Administrator may reduce the minimum stacking distance of
drive-in lanes for retail uses with less than 150 square feet of floor area if it can be
demonstrated that the vehicular frequency for the use does not warrant multiple vehicle
stacking.
13. Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential
Planned Community District, the R5 Residential Recreational Community District, the
MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2
Business General District, the B3 Industrial Transition District, the TM Technology-
Manufacturing District, the M1 Light Industrial District, the M2 Industrial General
District, the MS Medical Support District, and the HE (Higher Education) District shall
be landscaped to reduce the visual impact of glare and headlights on adjoining properties
and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. In the
RA (Rural Areas) District, parking lot landscaping shall not be required for parking lots
with 10 or fewer spaces. Landscaping shall also be provided to reduce the visual
expansiveness of parking lots. Landscaping shall be provided in such parking lots as
follows:
a. Perimeter landscaping. The perimeter of all impervious areas shall be
landscaped with shade trees and other landscaping. One tree shall be provided
for every 2,000 square feet of impervious area for the first 100,000 square feet
of the entire site. One tree shall be provided for every 5,000 square feet in
excess of the first 100,000 square feet of the entire site. Self-service storage
facilities shall provide one tree per 10,000 square feet of impervious area of the
entire site, in addition to the trees required in § 165-204.18, Storage facilities,
self-service. The perimeter landscaping trees shall be reasonably dispersed
throughout the parking lot. A three-foot-high evergreen hedge, fence, berm, or
wall shall be provided to prevent headlights from shining on public rights-of-
way and adjoining properties. All perimeter landscaping shall comply with the
requirements of § 165-203.01B, Plant selection, planting procedure, and
maintenance.
b. Interior landscaping. A minimum of 5% of the interior portions of parking lots
shall be landscaped for the purpose of providing shade trees. Such interior
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Proposed Changes – Parking Requirements
Revised September 21, 2023
landscaping shall be provided on raised islands and in continuous raised strips
extending the length of a parking bay. Within the parking lot, raised islands and
landscaped areas should be uses to delineate traffic and pedestrian circulation
patterns. No less than one shade tree shall be provided in the interior of the
parking lot for each 10 parking spaces. The Zoning Administrator may waive
the requirement for interior landscaping for parcels located outside of the
Sewer and Water Service Area when curb and gutter is not proposed. The
Zoning Administrator may approve alternative locations for interior
landscaping for parking lots used for truck parking, as well as other parking
lots, when it would improve the overall quality of the landscape plan. All
interior landscaping shall comply with the requirements of § 165-203.01B,
Plant selection, planting procedure, and maintenance.
14. Pedestrian access. Sidewalks shall be provided as necessary within parking lots to protect
pedestrians and promote the safe and efficient movement of pedestrians and vehicles. In
large parking lots, pedestrian walkways and crosswalks shall be provided, marked by
durable painted stripes and appropriate signs.
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Proposed Changes – Parking Requirements
Revised September 21, 2023
18
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: September 28, 2023
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Telecommunications Facilities, Commercial (§165.204.19)
Attachments:
DRRC09-28-23OA_Telecommunications Facilites_Commercial.pdf
19
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Development Review and Regulations Committee
FROM: Department of Planning & Development Staff
SUBJECT: Ordinance Amendment – Telecommunications Facilities, Commercial
DATE: September 14, 2023
Proposal:
This is a proposal to amend the supplementary use regulations for commercial telecommunication
facilities to modify the criteria for a setback waiver by the Board of Supervisors (§165 -
204.19(C)(3)(a)).
This ordinance amendment was initiated by a telecommunications provider.
Current Zoning Ordinance Standard:
The Zoning Ordinance §165-204.19(C)(3)(a) specifies: “The Board may reduce the required
setback distance for the wireless facility or wireless support structure as required by § 165-
201.03B(8) of this Code if it can be demonstrated that the location is of equal or lesser impact.
When a reduced setback is requested for a distance less than the height of the tower, a certified
Virginia engineer shall provide verification to the Board that the wireless facility or wireless
support structure is designed, and will be constructed, in a manner that if the wireless facility or
wireless support structure collapsed the wireless facility or wireless support structure will be
contained in an area around the wireless facility or wireless support structure with a radius equal
to or lesser than the setback, measured from the center line of the base of the wireless facility or
wireless support structure. In no case, shall the setback distance be reduced to less than 1/2 the
distance of the height of the wireless facility or wireless support structure.”
The current commercial telecommunication facilities were comprehensively updated in 2019.
Requested Action:
Staff is seeking comments from the Committee to forward to the Planning Commission and the
Board of Supervisors for additional discussion.
MTK/pd
Attachment: 1. Proposed Changes -– Redline
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Proposed Changes – Telecommunications Facilities
Revised September 13, 2023
Chapter 165 – Zoning Ordinance
ARTCLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part – 204
Additional Regulations for Specific Uses
§165-204.19 Telecommunication facilities, commercial.
C. Standard process projects.
1. Except as provided in subsection B, no wireless facility or wireless support structure shall be
sited, constructed, or operated except pursuant to a conditional use permit issued through the
process defined in Part 103 of Article I of this Chapter. The issuance of a conditional use
permit for the siting, construction, and operation of a wireless facility is permitted within the
zoning districts specified in this Chapter, provided that, pursuant to Virginia Code § 15.2-
2232(A), the general location or approximate location, character, and extent of such facilities
are substantially in accord with the adopted Comprehensive Plan or part thereof and that
adjoining properties, surrounding residential properties, land use patterns, scenic areas, and
properties of significant historic value are not negatively impacted. [based on current intro to
County Code § 165-204.19]
2. Any person seeking to install a facility or structure pursuant to this subsection shall make
application to the Zoning Administrator, accompanied by payment of a fee of $7,000. [Va.
Code § 15.2-2316.4:1(B)(2) (“the fee shall not exceed the actual direct costs to process the
application, including permits and inspection”)] The application shall be subject to
consideration as follows and include the indicated information:
a. The Board of Supervisors shall approve or disapprove the application within 150 days of
receipt of the complete application by the Zoning Administrator or such shorter period as
required by federal law, unless the applicant and the Board agree to a longer period for
approval or disapproval of the application. Within 10 days after receipt of an application
and a valid electronic mail address for the applicant, the Zoning Administrator shall
notify the applicant by electronic mail whether the application is incomplete and specify
any missing information; otherwise, the application shall be deemed complete. [Va. Code
§ 15.2-2316.4:1(C)]
b. Information to be included with application:
i. A map depicting the search area used in siting the proposed facility or structure
[Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(2)];
ii. Identification of all service providers and commercial telecommunications
facility infrastructure within the search area [Va. Code § 15.2-2316.4:2(D); based
on current 165-204.19(A)(3)];
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Proposed Changes – Telecommunications Facilities
Revised September 13, 2023
iii. Confirmation that attempts to co-locate on existing structures have been made
and, if such attempts were unsuccessful, the reasons so [Va. Code § 15.2-
2316.4:2(D); based on current 165-204.19(A)(3)];
iv. Documentation issued by the Federal Communications Commission indicating
that the proposed facility is in compliance with the Federal Communications
Commission’s established ANSI/IEEE standards for electromagnetic field levels
and radio frequency radiation [based on current 165-204.19(A)(4)];
v. An affidavit signed by the landowner and by the owner of the facility or structure
stating that they are aware that either or both of them may be held responsible for
the removal of the facility or structure as stated in subsection E [based on current
165-204.19(A)(5)]; and
vi. The applicant may voluntarily submit, and the Board may accept, conditions that
address potential visual or aesthetic effects resulting from the placement of the
facility or structure. [Va. Code § 15.2-2316.4:2(C)]
3. If the Board of Supervisors grants a conditional use permit under this subsection, the
following standards shall then apply to any property on which a wireless facility or wireless
support structure is sited, in order to promote orderly development and mitigate the negative
impacts to adjoining properties, residential properties, land use patterns, scenic areas, and
properties of significant historic value:
a. The Board may reduce the required setback distance for the wireless facility or
wireless support structure as required by § 165-201.03(B)(8) of this Code if it can be
demonstrated that the location is of equal or lesser impact. When a reduced setback is
requested for a distance less than the height of the tower, a certified Virginia engineer
shall provide verification to the Board that the wireless facility or wireless support
structure is designed, and will be constructed, in a manner that if the wireless facility
or wireless support structure collapsed the wireless facility or wireless support
structure will be contained in an area around the wireless facility or wireless support
structure with a radius equal to or lesser than the setback, measured from the center
line of the base of the wireless facility or wireless support structure. In no case shall
the setback distance be reduced to less than 1/2 the distance of the height of the
wireless facility or wireless support structure. The Board may reduce the required
setback distance for the wireless facility or wireless support structure as required by
165-201.03B(8) of this Code if the applicant submits sufficient documentation,
certified by a registered Virginia professional engineer, that, in the event of a collapse
of the wireless facility or wireless support structure, the collapsed wireless facility or
wireless support structure will be contained in a fall zone that does not extend into
the area of the proposed reduced setback, measured from the center line of the base
of the wireless facility or wireless support structure. The reduced required setback
distance under this provision shall not be any less than that required to accommodate
the indicated fall zone.
b. Monopole-type construction shall be required for any new wireless facility or
wireless support structure. The Board may allow lattice-type construction when
existing or planned residential areas will not be impacted and when the site is not
adjacent to identified historic resources.
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Proposed Changes – Telecommunications Facilities
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c. No more than two signs shall be permitted on any wireless facility or wireless
support structure. Such signs shall be limited to 1.5 square feet in area and shall be
posted no higher than 10 feet above grade.
d. When lighting is required for a wireless facility or wireless support structure, dual
lighting shall be utilized which provides daytime white strobe lighting and nighttime
red pulsating lighting unless otherwise mandated by the Federal Aviation
Administration or the Federal Communications Commission. Strobe lighting shall be
shielded from ground view to mitigate illumination to neighboring properties.
Equipment buildings and other accessory structures operated in conjunction with the
wireless facility or wireless support structure shall utilize infrared lighting and
motion-detector lighting to prevent continuous illumination.
e. Every wireless facility and wireless support structure shall be constructed with
materials of a galvanized finish or be of a non-contrasting blue or gray unless
otherwise mandated by the Federal Aviation Administration or the Federal
Communications Commission.
f. Every wireless facility and wireless support structure shall be adequately enclosed to
prevent access by persons other than employees of the service provider. Appropriate
landscaping and opaque screening shall be provided to ensure that equipment
buildings and other accessory structures are not visible from adjoining properties,
roads, or other rights-of-way.
[the entirety of the above subsection C(3) is based on current 165-204.19(B)]
4. If the Board of Supervisors denies a conditional use permit under this subsection, the Board
shall:
a. Provide applicant with a written statement of the reasons for the denial [Va. Code §
15.2-2316.4:1(E)(1)];
b. Identify any modifications of which the County is aware that would permit it to
approve the conditional use permit [Va. Code § 15.2-2316.4:1(E)(2)]; and
c. Have supporting substantial record evidence in a written record publicly released
within 30 days of denial [Va. Code § 15.2-2316.4:1(F)(2)].
D. Maintenance of existing facilities and/or structures and replacement of existing facilities and/or
structures within a 6-foot perimeter with substantially similar or same size or smaller facilities and/or
structures is exempt from fees and permitting requirements under this section. [Va. Code § 15.2-
2316.4:3(A)]
E. Any facility or structure permitted by this section that is not operated or used for a continuous period
of 12 months shall be considered abandoned, and the owner of such facility or structure shall remove
same within 90 days of receipt of notice from the Frederick County Department of Planning and
Development. If the facility or structure is not removed within the ninety-day period, the County may
remove the facility and a lien may be placed to recover expenses. [Va. Code § 15.2-2316.4(B)(6);
based on current County Code § 165-204.19(B)(7)]
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