029-23 (OrdAmendmentChapter165Zoning(AllowedUsesConversionToNAICS)) ORDINANCE
r
Action:
PLANNING COMMISSION November 1, 2023 Recommended Approval
BOARD OF SUPERVISORS December 13, 2023 Adopted
ORDINANCE
REGARDING CHAPTER 165, ZONING ORDINANCE
CHAPTER 165 - ZONING
ARTICLE I
General Provisions, Amendments, and Conditional Use Permits
Part 101 —General Provisions
§165-101.02 Definitions & word usage.
ARTICLE 11
SUPPLEMENTARY USE REGULATIONS, PARKING, SUFFERS, AND REGULATIONS
FOR SPECIFIC USES
Part 204—Additional Regulations for Specific Uses
§165-204.05 Electrical, hardware, plumbing and heating equipment businesses
§165-204.23 Welding repair
ARTICLE IV
Agricultural and Residential Districts
Part 401 —RA Rural Area District
§165-401.02 Permitted uses
§165-401.03 Conditional uses
Part 402—RP Residential Performance District
§165-402.03 Conditional uses
ARTICLE V
Planned Development Districts
Part 504 —MS Medical Support District
§165-504.01 Intent
§165-504.02 Permitted uses
§165-504.03 District area, floor-to-area ratios and residential gross densities
§165-504.04 Access regulations
§165-504.05 Structure and parking lot setback regulations
§165-504.06 Height regulations
Res#029-23
§165-504.07 Open space, landscaped area, and buffer and screening regulations
ARTICLE VI
Business and Industrial Zoning Districts
Part 602 —B1 Neighborhood Business District
§165-602.01 Intent
§165-602.02 Allowed uses.
Part 603 — B2 General Business District
§165-603.01 Intent
§165-603.02 Allowed uses
§165-603.03 Conditional uses
Part 604 —B3 Industrial Transition District
§165-604.01 Intent
§165-604.02 Allowed uses
§165-604.03 Conditional uses
Part 605—TM Technology-Manufacturing District
§165-605.01 Intent
§165-605.02 Allowed uses
Part 606-- M1 Light Industrial District
§165-606.01 Intent
§165-606.02 Allowed uses
§165-606.03 Conditional uses
Part 607—M2 Industrial General District
§165-607.01 Intent
§165-607.02 Allowed uses
§165-607.03 Conditional uses
Part 608— EM Extractive Manufacturing District
§165-608.01 Intent
§165-608.02 Permitted uses
Part 609— HE Higher Education District
§165-609.01 Intent
§165-609.02 Permitted uses
ARTICLE VII
Overlay Districts
Part 704—Interstate Overlay District
§165-704.04 Qualifying criteria
WHEREAS, a proposal to amend Chapter 165 — Zoning Ordinance to amend "Allowed Uses" tables
contained in the planned development (Article V), and business and industrial districts (Article VI) to
update and convert the pennitted uses terminology to the North American Industry Classification System
(NAICS)and remove reference to the Standard Industrial Classification(SIC)and to update references in
other sections the Zoning Ordinance; and to add or remove specific uses fiom the business and industrial
districts "Allowed Uses" tables was considered; and
Res#029-23
WHEREAS, the Frederick County Planning Commission held a public hearing on the ordinance
amendment on November 1, 2023, and recommend approval of the proposed amendment; and
WHEREAS, the Board of Supervisors held a public bearing on this ordinance amendment on
December 13, 2023 and;
WHEREAS,the Frederick County Board of Supervisors finds the adoption of this ordinance to be in
the best interest of the public health, safety, welfare and in good zoning practice; and
NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter
165 — Zoning Ordinance is amended to update the "Allowed Uses" tables contained in the planned
development (Article V), and business and industrial districts (Article VI) to update and convert the
permitted uses tenninology to the North American Industry Classification System (NAICS) and rermove
reference to the Standard Industrial Classification (SIC) and to update references in other sections the
Zoning Ordinance; and to add or remove specific uses from the business and industrial districts"Allowed
Uses" tables, as shown in the attached.
Passed this 13th day of December 2023 by the following recorded vote:
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
Robert W. Wells Aye Blaine P. Dunn Aye
Josh E. Ludwig Aye Judith McCann-Slaughter Aye
Heather Lockridge Aye
A COPY ATTEST
MEMPM
Michael L. Bollhoefe
Frederick County Administrator
Res#029-23
•r
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Board of Supervisors
FROM: Planning and Development Department Staff
SUBJECT: Ordinance Amendments—Conversion of Allowed Uses to NAILS; Additions&
Deletions to Allowed Uses List
DATE: November 27,2023
Proposal:
There are two (2) proposals for consideration. They are not mutually exclusive; staff has separated the
proposals to ensure the potential changes outlined below in"Proposal B"do not get lost in the complexity
of"Proposal A."Please note new topic for consideration in bold below under"Proposal B."
Proposal A: Conversion ofAllowed Uses Terminology
The first proposal is to amend "Allowed Uses" tables contained in the planned development (Article V),
and business and industrial districts (Article VI) to update and convert the permitted uses terminology to
the North American Industry Classification System (NAILS) and remove reference to the Standard
Industrial Classification(SIC)in other sections the Zoning Ordinance.
The NAICS is an alternative system in classifying business establishments that is maintained and updated
on a regular basis by the Office of Management and Budget (OMB). The 2022 edition of the NAICS
classification system was reviewed by staff and used in drafting ordinance revisions to convert from SIC to
NAILS.As amended,the "Allowed Uses" list for each district was updated to reflect NAICS terminology
and to remove numeric SIC coding.A statement was added to the"Intent"section of each district 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. The permitted uses list contained in the MS
(Medical Support) District was condensed into a single section with use group subsections removed to
provide additional clarity and remove duplicative uses. Other sections of the ordinance that reference SIC
have also been amended to ensure consistency throughout (for example the "Additional Regulations for
Specific Uses" section).
Proposal B:Additions & Deletions to the Allowed Uses List; Other Changes:
The second proposal is to add or remove specific uses from the business and industrial districts "Allowed
Uses"tables. Specific additions and deletions are detailed below for each district.
B I (Neighborhood Business)District
"Car washes" were removed from the "Allowed Uses" list. This deletion was on the recommendation of
the Development Review and Regulations Committee(DRRQ.
B2 (General Business)District
The following uses were added to the "Allowed Uses" list: Broadcasting and Content Providers,
Automotive Oil Change and Lubrication Shops, and Technical and Trade Schools.
BOS Discussion
OA—Conversion to NAICS
November 27,2023
Page 2
B3 (Industrial Transition)District
The following uses were added to the "Allowed Uses" list: Warehousing and Storage, Gasoline Stations
with or without Convenience Stores(and excluding Fuel Dealers), Professional, Scientific, and Technical
Services including Testing Laboratories including General Business Offices, Electronic Precision
Equipment Repair and Maintenance, Consumer Goods Rentals and Car, Truck, Utility Trailers, and RV
(Recreational Vehicle)Rental and Leasing.
TM(Technology-Manufacturing Park)District
The following uses were added to the "Allowed Uses" list: Storage Batteries and Primary Battery
Manufacturing.
MI (Light Industrial)District
The following uses were added to the "Allowed Uses" list: Storage Batteries and Primary Battery
Manufacturing, and Waste Management& Remediation Services limited to glass, cardboard, and plastics
recycling and excluding incinerators.
M2 (Industrial General)District
Tractor truck and tractor truck trailer parking was moved from the "Conditional Uses"list to the "Allowed
Uses"list.
MS(Medical Support)District
Remove requirement for locating "Continuing Care Retirement Communities"within a two-mile radius of
the Route 37 Medical Center Interchange (§165-504.02(B)(c)(1)).
HE(Higher Education)
The permitted use list was expanded to include accessory and secondary uses typically associated in
conjunction with education campus settings,for example restaurants and retail uses.
EM(Extractive Mining)District
"Parks"was added to the "Permitted Uses"list.
Other Topics for Consideration:
Staff requests the Board of Supervisors consider the addition of battery storage as a conditional use
(requiring an approved conditional use permit or CUP)in the TM(Technology Manufacturing),MI
(Light Industrial) and M2 (Industrial General) Zoning Districts. Battery storage operations enable
energy from renewables,like solar, to be stored and then released when the power is needed most.
This is a new and emerging industry. Staff notes battery storage is a separate, distinctive, use from
primary battery and storage battery manufacturing which has previously been allowed as a by-right
use M2 District, and is proposed as part of this ordinance amendment to also be allowed by-right in
the TM and MI Districts.
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,especially for new and emerging industries.
BOS Discussion
OA—Conversion to NAICS
November 27,2023
Page 3
Meeting Summary& Requested Action:
The Development Review and Regulations Committee (DRRC) met and discussed this item at their
February 23rd,March 23rd,and April 27,2023,meetings and endorsed the proposed changes.The Planning
Commission discussed this item on July 5th and the Board of Supervisors discussed this item on August 9th.
The Board through consensus requested a specific revision to the MS (Medical Support) district text to
remove the requirement for locating"Continuing Care Retirement Communities"within a two-mile radius
of the Route 37 Medical Center Interchange as they stated it may be prohibitive to the establishment of
another medical campus and continuing care facilities elsewhere in the County.
The Planning Commission held a public hearing on November 1, 2023, and there were no speakers. The
Planning Commission unanimously recommended approval of the proposed amendments (conversion of
terminology and the additions and deletions of certain uses). The Planning Commission expressed
reservation and did not offer a recommendation on the inclusion "battery storage" as a conditional use in
the TM, MI and M2 districts. In their discussion regarding "battery storage" the Planning Commission
noted this was a very new and emerging industry with lots of variables and it may not be the right time to
include the use with so many potential unknowns.
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 and revised by the Board of Supervisors.
Staff is seeking decision by the Board of Supervisors on Proposal A (Conversion of"Allowed Uses"
Terminology"), Proposal B (Additions & Deletions to "Allowed Uses"List), and whether to include
"battery storage" as a conditional use in certain districts. Staff can answer any questions on the
proposals.
MTK/pd
Attachments: 1.B1 (Neighborhood Business)District—Clean copy
2.B1 District—Redline
3.B2(General Business)District—Clean copy
4.B2 District—Redline
5.B3(Industrial Transition)District—Clean copy
6.B3 District—Redline
7.M1 (Light Industrial)District—Clean copy
8.M1 District—Redline
9.M2(General Industrial)District—Clean copy
10.M2 District—Redline
11.TM(Technology-Manufacturing Park)District—Clean copy
12.TM District—Redline
13.EM(Extractive Manufacturing)District—Clean copy
14.EM District—Redline
15.HE(Higher Education)District—Clean copy
16.HE District—Redline
17.MS(Medical Support)District—Clean Copy
18.MS District—Redline
19.Other Amendments—Redline with track changes
20.Current(Official)Zoning Map
21.Resolution
Proposed Changes—B I(Neighborhood Business)District
Revised May 19,2023
Part 602
B1 Neighborhood Business District
[Amended 5-19-20231
§ 165-602.01 Intent.
The intent of this district is to provide small business areas to serve the daily household needs of surrounding
residential neighborhoods. The North American Industry Classification System (NAICS)may be used to
assist the Zoning Administrator in classifying the permitted uses. Uses allowed primarily consist of limited
retailing, convenience, and personal service uses. Business uses in this district should be small in footprint
and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods.
§ 165-602.02 Allowed uses.
Uses allowed in the B1 Neighborhood Business District are as follows:
Allowed Uses
Veterinary services for animal specialties (excluding horses), with all activities and animals kept within a
fully enclosed primary structure
Miscellaneous Retail Stores including Food, Drug, Health, and Personal Care not to exceed 15,000 square
feet, excluding Fruit and Vegetable Stands
Offices of Real Estate, Finance, and Insurance
Personal and Laundry Services excluding Industrial Launderers
Death Care Services excluding cemeteries
Offices of Physicians, Dentists and Other Health Practitioners
Adult and Child Day-Care Facilities
Religious, Grantmaking, Civic, Professional, and Similar Organizations
Public Administration and Government Buildings, including fire and ambulance services
Public Utilities excluding power generating facilities
Residential uses which are accessory to allowed business uses
Parks
Food Services, Restaurants and Other Eating Places excluding drive-thru facilities.
Fitness and Recreational Sports Centers no larger than 10,000 square feet
Part 602
BI Neighborhood Business District
[Amended '' 10 10915-19-20231
§ 165-602.01 Intent.
The intent of this district is to provide small business areas to serve the daily household needs of surrounding
residential neighborhoods. The North American Industry Classification System (NAICS) may be used to
assist the Zoning Administrator in classifying the permitted uses. Uses allowed primarily consist of limited
retailing, convenience, and personal service uses. Business uses in this district should be small in si-ze
foolprint and should not produce substantial vehicle traffic in excess of what is usual in the residential
neighborhoods.
§ 165-602.02 Allowed uses.
Uses allowed in the BI Neighborhood Business District are as follows:
Allowed Uses
Veterinary services for animal specialties (excluding horses), 9742
with all activities and animals kept within a fully enclosed
primary structure [Added,add c 27 2009]
Feed Star-es. Miscellaneous Retail Stores including Food, �4
Drug, Health, and Personal Care not to exceed 15,000 square
feet excluding Fruit and Vegetable Stands
Appar-el and aeeesset-f stores -56
Domes 59-�
Mis ella+i - - shop-ping ,., eds star-es 534
Offices of Real Estate, Finance, and Insurance -
rd real est +e effiees
Personal and Laundry services, exeept the felle : in -2
excluding Industrialized Launderers
i a hemes a+i cmc ter-ice Death Care Services �
excluding cemeteries
Car-washes 7542
Videotape r-efftg 7-84
Medieal effiees Offices of Physicians, Dentists, and Other 801, 802 402 affd 804
Health Practitioners
Adult and Child Day-Gare facilities -
Givie, so al and f temal erg t e s Religious, 8§4
Grantmaking, Civic, Professional, and Similar Organizations
Public Administration and Government Buildings, including -
Fire and Ambulance Services
Public Utttilities excluding exer-g�,Power-generating
F€acilities
Sigiis allowed iii §165 201.0643
[Ameiided 2 12 2008
Freestanding btiildifig e..
[Ameiided 2 13 2008i
[Afneiir'ae 2 13 2008]
Residential uses which are accessory to allowed business uses -
Parks -
r es -
Food Services, Restaurants and Other Eating_ Places, 58i2
excluding drive-thru facilities
[Added 12 949,2
[Added n 26-1-"
-
[Added i0 27-PI"
I
Tebaeee ste e 5993
[Added 1 10-24044
[Addedi 10-24044
Health eltibs Fitness and Recreational Sports Centers no larger 7991
than 10,000 square feet
[Added 2 77 2006]
Proposed Changes—B2(General Business)District
Revised June 20,2023
Part 603
B2 General Business District
[Amended 6-20-2023]
§ 165-603.01 Intent.
The intent of this district is to provide large areas for a variety of business, office and service uses. General
business areas are located on arterial highways at major intersections and at interchange areas. Businesses
allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant
basis other than that required for delivery of retail goods. General business areas should have direct access to
major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth
should be provided, and access should be properly controlled to promote safety and orderly development.
Nuisance factors are to be avoided. The North American Industry Classification System (NAICS) may be
used to assist the Zoning Administrator in classifying the permitted uses.
§ 165-603.02 Allowed uses.
Allowed uses shall be as follows:
Allowed Uses
Veterinary services with all activities and animals kept within the fully enclosed primary structure, excluding
livestock
Pet Care (excluding Veterinary) Services,with all activities and animals kept within fully enclosed primary
structure
Wired and Wireless Telecommunication Carriers (excluding Satellite)
Broadcasting and Content Providers
Building Materials and Garden Equipment Supplies Dealers
Retail Trade excluding Manufactured (Mobile Home) Dealers and Tire Dealers
Food and Beverage Retailers, excluding Fruit and Vegetable Stands
Motor Vehicle and Parts Dealers
Gasoline Stations with or without Convenience Stores, excluding Fuel Dealers
Automotive Oil Change and Lubrication Shops
Food Services, Restaurants and Other Eating Places
Offices of Real Estate, Finance, and Insurance
Hotels and Motels, Dormitories, Rooming/Boarding Houses, and Travelers accommodations excluding RV
Parks and Camps
Personal Care Services including Hair, Nail, Beauty Salon, and Barber Shops, excluding Escort Services;
Turkish Baths; and Steam Baths
Coin-Operated Laundries and Drycleaners
Death Care Services excluding Cemeteries
Professional, Scientific, and Technical Services, excluding the following: Outdoor Display Advertising,
Research and Development Services, and Test Laboratories including General Business Offices
Proposed Changes—B2(General Business)District
Revised June 20,2023
Services to Building and Dwellings including Pest Control,Janitorial Services,and Carpet Cleaning Services
-excluding Landscape Service and Product Sterilization
Car washes
Personal and Household Goods Repair and Maintenance excluding Motorcycle Repair
Consumer Goods Rental excluding Lawn and Garden equipment
Movie Theaters, excluding Drive-In Theaters
Amusement, Arts, Gambling, and Recreation Industries excluding Amusement Parks, Theme Parks, and
Outdoor Shooting
Health Care Services including Skilled Nursing Facilities
Adult and Child Day-Care facilities
Model Homes Sales Offices
Self-Service Storage Facilities
Public Administration and Government Support Buildings, including Fire and Ambulance Services
Public Utilities excluding energy-generating facilities
Residential uses which are accessory to allowed business uses
Parks
Religious, Grantmaking, Civic,Professional, and Similar Organizations
Libraries
Household Appliances and Electrical and Electronic Goods Merchant Wholesalers excluding accessory
outdoor storage
Hardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers excluding accessory
outdoor storage
Social Assistance Services excluding services that offer residential or housing accommodations
Technical and Trade Schools
Part 603
B2 General Business District
[Amended 8 4 1990; 6 11 1991; 6 4 1994; 7 10 1996; 2 261997; 813 1997 5-19-20231
§ 165-603.01 Intent.
The intent of this district is to provide large areas for a variety of business, office and service uses. General
business areas are located on arterial highways at major intersections and at interchange areas. Businesses
allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis
other than that required for delivery of retail goods. General business areas should have direct access to major
thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be
provided, and access should be properly controlled to promote safety and orderly development. Nuisance
factors are to be avoided. The North American Industry Classification System (NAICS)may be used to assist
the Zoning Administrator in classifying the permitted uses.
§ 165-603.02 Allowed uses.
Allowed uses shall be as follows:
Allowed Uses
Classifiention (SIC)
Veterinary services e€free�with all activities and animals kept within 9-74
the fully enclosed primary structure, excluding*he felle i figs
livestock
vo*o 0 o i; este i, 0741-
Pet Care(excluding Veterinary) Services,^n;ma] orae ajty SeBzie0752
e� with all activities and animals kept within fully
enclosed primary structure
-[Added ! 10-244
Wired and Wireless TelecGommunication Carriers excluding Satellite 49
[Ameiided 8 24 20041
-Broadcasting and Content Providers
Pai-at glass and , a"parer�Building Materials and Garden 524
Equipment Supplies Dealers
u,,,-d e stores 522;
Retail Trade excluding Manufactured (Mobile Home) Dealers and -5-3
Tire Dealers General ,,, ,-,.h,,ndise stere
Food and Beverage Retailers, Feed steres excluding the fellewiffs4
r n fnei de 4 24 2l"Fruit and Ve etable Stands
1
Motor Vehicle and Parts Dealers ^„4,,,,,,,tive dealers and gaseline �5
t„+:
Automotive Oil Change and Lube Shops
Gasoline Stations with or without Convenience Store, excluding Fuel
Dealers
Food Services, and Restaurants and Other EgLng Places -5-9
59
Ftfel dealers _54�
[Ameiided 11 10 20104
Offices of Real Estate, Finance, and Iinsurance and real estat e� -
Hotels and Mi*otels, Dormitories, Rooming/Boarding Houses, and _7"
Travelers accommodations excluding RV Parks and Camas
-7�A4
Personal Care Services, ' -72
e*el ,thin toe f9ilo in including Hair, Nail, Beauty Salon, and
Barber Shops, excluding Escort Services, Turkish Baths, and Steam
Baths
3
[Added 4 24 2004]
E et4 sen,wes 99
[Added 8 24 20041
T-tirkish i,,t4 7299
[Added 8 24 20041
c,-,,,,m i ad+s 7299
[Added 9-24-24"
-Coin-Operated Laundries and Dlycleaners
Death Care Services excluding Cemeteries
q4Outdoor-ad setwiees[Added 8 24 200419
[Added 4 24 2004]
[Added 8 24 20041
Exhibits bttilding of by iiididst+ial eeii4aeter-S 7389
[Added 8 24 20041
[Added 8 24 20041
[Added 9 24 20041
n,-edi o weighting s..v 11—o 7389
9
[Added 8 24 20041
Pr-edtiet ster-iliz4ieii s- 7389
[Added 9-24-20"
[Added 8 24 20041
9
[Added 4 24 2004]
Ser-ap steel etA441g 7389
r n a ao a 4 24 2004i
Professional Scientific and Technical Services excluding Outdoor
Display Advertising, Research and Development Services, and
-Testing Laboratories including General Offices
Services to Building and Dwellings including Pest Control, Janitorial
Services, and Carpet Cleaning Services excluding Landscaping
Services and Product Sterilization
Car washes4�
Personal and Household Goods Repair and Maintenance excluding -76
Motorcyclepair
fO11E)Wi
-[Added 8 24 20041
Welding fepaif
Blaeksmid. S. Ops 7499
tn
_F4fi4e" 74W
Her-seshe 74W
Mater-eyele repair-se. 7699
[Added i 11 2017l
Repair of eptieal ifistigiments 74W
Sewer el se—c-es
T :,a stt
Movie Theaters excluding Ddrive-Iin �
Theaters
Consumer Goods " Rrental excluding Lawn and Garden 7-94
E ui ment
Amusement, Arts, Gambling and rRecreation Industries gees -3
excluding_ Amusement Parks, Theme Parks, and
Outdoor Shooting Ranges
-Golf dr-iviiig r-aiiges afid mimattir-e gel-f eatir-ses 74W
an es
1
Health Care Sservices including Skilled Nursing Facilities -99
Adult and Child Day-Lc-are F€acilities -
Member-ship 1S2 r.
Engineering rt;,,nf:esear-eh, management .,n ,-el4e a se---.,,.*------, $�
[Afnefide a 4 'In Innnl
Testing laber-ftter-ies
Model home sales offices
Self-Service Sstora e F€acilities
Public Administration and Government Support Bhuildings including
Fire and Ambulance Services
Public Uutilities excluding energy-generating facilities
_Btisilless sign-5
Sips allewed iii §165 201.0643
[Afneiided 2 13 2008]
_[Ameiided 2 13 20081
[Added 2 13 20081
Eieet,
-[Added 2 13 20081
Residential uses which are accessory to allowed business uses
Parks
Religious, Grantmaking, Civic, Professional, and Similar
-Organizations
Libraries
Household Appliance, Electrical, and Electronic Goods Merchant
Wholesalers excludinaccesso outdoor stora e
Hardware and Pplumbing and Hl}eating Eequipment and Supplies
Merchant Wholesalers excluding accesso outdoor storage
Social Assistance S.5ervices e*eept for t e f9lie ing: excluding 43
services that offer residential or housing accommodations
r n add n 23 2003i
n ;,a„lit;„i eafe $-3
Technical and Trade Schools
Cofid tion,l Uses fs"
this ehapter, tis imposed by toe Bear-d-4
Conn tioH,! Uses L�LCs
eendit4oiis:
(-a) Stieh tises shall be lee4ed 4 least 2,500 feet
ehools ehurehos arks day ear-e
Lel
eenter-s aaEtler-multi tenant buildings-,
04 All mer-ehandise dis-pla-y areas shall be
limited to eiielosed staietw-es and shall not
(4)
of 25 o foot No wall fnetmted
between 9:00 a.m. and 11:00 r
Proposed Changes—B3(Industrial Transition)District
Revised May 19,2023
Part 604
B3 Industrial Transition District
[Amended 5-19-20231
§ 165-604.01 Intent.
The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or
wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some
cases, such areas may be transitional, located between business and industrial areas. In these areas,there will
be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land
and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of
noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and
sufficient access. The North American Industry Classification System (NAICS) may be used to assist the
Zoning Administrator in classifying the permitted uses.
§ 165-604.02 Allowed uses.
Allowed uses are as follows:
Allowed Uses
Veterinary services with all activities and animals kept within the fully enclosed primary structure
excluding livestock.
Pet Care Services (excluding Veterinary), with all activities and animals kept within the fully enclosed
primary structure
Landscape and Horticultural Services
Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors
and Special Trade Contractors
Commercial Printing
Transit and Ground Passenger Transportation and related support activities
Truck Transportation and related support activities
Air Transportation and related support activities
Travel Arrangement and Reservation Services
Telecommunication Facilities and Offices, Broadcasting and Content Providers, including wired and
wireless telephone, radio, television, and other satellite communications.
Electric, Gas, and other utility facilities and offices excluding Sanitary Services
Warehousing and Storage
Advertising Specialties—wholesale
Proposed Changes—B3(Industrial Transition)District
Revised May 19,2023
Building Materials, Hardware, Garden Supply, and Retail Nurseries
Manufactured(Mobile) Home Dealers
Motor Vehicle and Parts Dealers
Gasoline Stations, with or without, Convenience Stores excluding Fuel Dealers
Wholesale Trade Businesses excluding livestock, farm products, mining and chemical storage
Food and Beverage Retailers
Food Services, Restaurants and Other Eating Places
Industrial Launderers, Dry-Cleaning and Laundry Services
Administrative and Support Services
Professional, Scientific, and Technical Services including Testing Laboratories and General Business
Offices
General Automotive, Motorcycle, and Truck Repair, Services and Parking
Personal and Household Goods Repair and Maintenance
Electronic Precision Equipment Repair and Maintenance
Movie Theaters, including Drive-In Theaters
Amusement, Arts, Gambling, and Recreation Industries excluding the following: Amusement Parks or
Theme Parks and Outdoor Shooting Ranges
Self-Service Storage Facilities
Vocational Schools (Technical, Trade, Business, Computer and Management Training)
Religious, Grantmaking, Civic, Professional, and Similar Organizations
General Business Offices
Model Home Sales
Accessory Retailing
Public Administration and Government Support Buildings, including fire and ambulance services
Public Utilities
Residential uses which are accessory to allowed business uses
Parks
Flex-Tech
Consumer Goods Rentals
Car, Truck, Utility Trailers, and RV(Recreational Vehicle) Rental and Leasing
Proposed Changes—B3(Industrial Transition)District
Revised May 19,2023
§ 165-604.03 Conditional uses.
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Tractor Truck and Tractor Truck Trailer Parking
Part 604
B3 Industrial Transition District
[Amended May 19, 20231
§ 165-604.01 Intent.
The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or
wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some
cases, such areas may be transitional, located between business and industrial areas. In these areas,there will
be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land
and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of
noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and
sufficient access. The North American Industry Classification System (NAICS) may be used to assist the
Zoning Administrator in classifying the permitted uses.
§ 165-604.02 Allowed uses.
Allowed uses are as follows:
Allowed Uses
Classifiention
Veterinary services with all activities and animals kept within the fully 0�4
enclosed primary structure excluding livestock
Pet Care Services eieeep-t--(excluding_veterinaryl; 7-5-2
with all activities and animals kept within the fully enclosed primary
structure [Added 1 10 20011
Landscape and Hhorticultural S-services 0-'�g
Offices and Sgtorage F€acilities for Bhuilding Csonstruction 15, 16 ard 1-7
Csontractors, Hheavy Csonstruction CEontractors and Sspecial Tirade
Ceontractors
Commercial printing 2-7-5,
Transit and Ground Passenger Transportation and related support 4I
activities Leeal and s„b,,4a and into.,,,-ba- high
passeliger-
Truck Motor- f o:gl+t Ttransportation and related support activities 4-2
zn
Air Transportation by air and related support activities 4-5
Travel Arrangement and Reservation Services 4-7
TelecGommunication Ffacilities and Geffices, Broadcasting and 4-9
Content Providers, including wired and wireless telephone, telegf-apr,
radio, television,and other satellite communications.
Electric, gas, and other utility facilities excluding sanitary services a4+d 49
c., ;,-afy S e 0 49-5
Warehousing and Storage
Advertising Sspecialties—wholesale [Added,add 4 24 2004] 5P9
Building Materials, Hhardware, Ggarden Ssupply, `bile he -5-2
dealers and Rretail Nrrurseries
Manufactured(mobile) Home Dealers
Motor Vehicle and Parts ^u-teme6i,e-Ddealers and gasoline -5-5
Gasoline Stations, with or without Convenience Stores, excluding
Fuel Dealers
Wholesale Tirade Bhusinesses excluding livestock, farm products, -
mining and chemical storage
Food and Beverage Retailers Stere d 12 12 200" 5411
Food Services, Restaurants and Other EatingPlaces -5-8
2-0"
Industrial Launderers, �Ddry-Csleaning and Laundry 724
gammen Sservices, eltid „g too fbllew41
5
Linen stiri.
[Added 8 24 2004i
[Added 4 24 2004]
Administrative and Support Btisiness Sservices 74
Professional, Scientific, and Technical Services including Testing
Laboratories including General Business Offices
General Automotive, Motorcycle, and Truck Rrepair, Sservices and -73
Pparking
Personal and Household Goods M iseella*e,,, Rrepair sees and -76
Maintenance
Electronic Precision Equipment Repair and Maintenance
Movie Theaters, including Drive-lin- Ttheaters 7833
Amusement, Arts, Gambling, and Rrecreation Industries sues -79
operated indoors excluding the following: Amusement Parks or
Theme Parks and Outdoor Shooting Ranges
Self-service Sstorage Ffacilities -
Vocational Schools (Technical, Trade, Business, Computer and 924
Management Training
Btisiliess asseeiatialis 86_�
Religious, Grantmaking, Civic, Professional, and Similar member—ship 8462
Oerganizations
Testing laber-E�ter-ies 8:734
[Added 4 24 2004]
Gene-„i i tisi ess e ffiees
Model Hl}ome Scales Oaffice -
Accessory Rretailing -
Public Administration and Government Support Bhuildings, including -
Fire and Ambulance Services
Public Uutilities -
Sigffs allowed iii § 165 201.06B -
[Afneiic'1e 24- '�!1l141
[Ameiided 2 13 2008
[Added 2 13 2004]
Residential uses which are accessory to allowed business uses
Parks
Flex-Tech
[Added 7 11 1 994]
Fire sta+i n i ate
o � � o 0 0
[Added 10 27—PA).94
Postal Services
Consumer Goods Rental
Car, Truck, Utility Trailers, and RV (Recreational Vehicle) Rental and
Leasing
§ 165-604.03 Conditional uses.
[Added 5-12-20101
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses (cam
Tractor Ttruck and Ttractor Ttruck Ttrailer —
Pparking
Proposed Changes—MI (Light Industrial)District
Revised June 14,2023
Part 606
MI Light Industrial District
[Amended 6-14-2023]
§ 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
Miscellaneous Manufacturing
Concrete Block and Brick and Related Products
Fabricated Metal Products Manufacturing, excluding Coating, Engraving and Allied Services,
Proposed Changes—MI (Light Industrial)District
Revised June 14,2023
Ammunition (except for small arms), Ordnance and Accessories.
Machinery Manufacturing and Computer& Electrical Product Manufacturing
Electrical Equipment, Appliance, and Component Manufacturing
Storage Batteries and Primary 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
Linen Supply and Drycleaning and Laundry Services except Coin Operated Laundries
Professional, Scientific and Technical Services, including Business Offices not providing services to the
general public on a primary basis
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 limited to glass, carboard, and plastics recycling and
excluding incinerators.
Fabricated Metal Product Manufacturing
Technical and Trade Schools
Business, Professional, Labor, Political and Similar Organizations
Proposed Changes—MI (Light Industrial)District
Revised June 14,2023
Public Administration and Government Support Buildings including Fire and Ambulance Services
Residential uses which are accessory to allowed business uses
Public Utilities
Parks
Regional Criminal Justice, Enforcement, and Detention Facilities
Truck or Fleet Maintenance Facilities
Self-Service Storage Facilities
Flex-Tech
§ 165-606.03 Conditional uses.
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Tractor Truck and Tractor Truck Trailer Parking
Fitness and Recreational Sports Centers
Part 606
MI Light Industrial District
[Amended 5-19-20231
§ 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) may 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 Hhorticultural Sservices 9-'T&
Offices and Sstorage F_€acilities for Bhuilding Ceonstruction Csontractors, 15, 16 and 1-7
Hheavy Ceonstruction Csontractors and 5-special Tirade Ceontractors
N4aa4aet,dr-i+ig as follows-.L —
Food, Beverage, and Tobacco Manufacturing excluding Seafood Product 2-02
Preparation and Packaging and Animal Slaughtering and Processing `
pr-e"ets
r,nfle,a fFeze„ ,,,,,aro 0 e "its vegetables and setip 0 203
Bal 2�5
Bever-ages [Amended 8 12 20091 2-49
Fresh or- fFezeii fish and seafood
Textile Products and Textile Mi*ill Pproducts 22
Apparel Manufacturing or et4er-finished r educts made fFefn fabr- es ^rd similar 24
Veneer, Plywood, and Engineered Wood Products Manufacturing_rr„� -24
Legging 24-�
Sawmills a-Rd-plaflifig mills 2-4-2
Weed r o 249-1
Furniture and Related Production Manufacturing€des 24
Converted Paper Product Manufacturing Paperboard eentai-ners andboxes 2�5
26;
Printing, Ppublishing and A-allied Industries 2-7
Pharmaceutical and Medicine Manufacturin& 2-93-
Plastics and Rubber Product Manufacturing and ,,, o"a-flee,,s plant e r ,,,bets
including Footwear Manufacturing
Miscellaneous Manufacturing
Concrete B41ock and Bbrick and Rfelated Pproducts 327f
Fabricated M_rnetal Pproducts, excluding the f9lie ing [Amended w,ende,a o 72 2009 34
Coating, Engraving, and Allied Services, Ammunition (excluding small arms),
Ordnance and Accessories
G, atil , --dallied 34-7
n„,,,,,,.,;6ei o ort far-small afins 3483
!l ee anaeeesrvriis,iivtelsewhere elasss 3489
hidt stf ,' and ,.,.mme-e ,' Mi*achinery Manufacturing and Ceomputer& -3-5.
Electrical Product Manufacturing eft
Rlee*,anie,. ars ethief Eelectrical Eequipment, Appliance, and Component -3§
Manufacturing and eempenents eltiding toe fqlle 11 411.
Pt:ifnafy ba4er-ies 3692
Storage Batteries and Primary Battery Manufacturing
Transportation Eequipment Manufacturing -3-7
r eea ard stibu,- a Ttransit and Ground ' Ppassenger 4f
Ttransportation
Truck Ttransportation 42
Air Transportation b 41�
Travel Arrangement and Reservation Sgervices
TeleGcommunication F€acilities and Oeffices, Broadcasting and Content 49
Providers, including wired and wireless telephone, teegfaphrradio, television
and other satellite communications
Public Utilities
and, e ,,,�;,,n aoa Q 24 2004i
Wholesale Tirade
AE13,,et4isi-ag speeialties wholesale,,wale [Ad ed 8 24 24044 5i99
Food Services, Restaurants, and Other Eating Places -5-8
Linen Ssupply [Added 4 24 2004 and Drycleaning and Laundry Services 72P
excluding Coin Operated Laundries
Professional, Scientific and Technical Services including Business seen q4
Offices not providing services to the general public on a primary basis
Truck , Utility Trailer, and RV (Recreational Vehicle Rfental and Lleasing, 75P
w;et4 ver-s [Added 2-71995] —
General Automotive, Motorcycle and Truck Rf-epair, Services and Parking&hepa 7-54
rued 5i 3 i amended., ,aed 9 228
513 1992; 29144
Commercial and Industrial Machinery and Equipment Weldiiig Rfepair and 7692
Maintenance [Added 4 24 2004]
n, „ittira o o.,t ?pair- [Added 8 24 2004] 7-494
Gepper-sfnit4ifig [Added 8 24 20041 7699
Riigiffe repair- [Added 8 24 20041 7699
Fafm fnaehifiefy and t+aetef repair- [Added 8 24 2004] 7699
Machinery Cc-leaning [Added 4 24 20041 7699
Meteer-elegieal ifts�mfnent repair- [Added 8 24 20044 7699
Pr-eeisien instmment repair- [Added 8 24 2004]
Repair ofse st4i ,,, o „t [Added 4 24 2004]
Seale r-epair-sef-v,iee [Added 9 24 20044
Septic ,.io,,nifig s e [Added 4 24 20
Sewer-elea*iiig sef-viees [Added 8 24 20041
Tank and i eile,- ele ing se e r Added 4 24 7004 7699.
Waste Management& Remediation Services limited to glass, cardboard, and
plastics recycling and excluding incerators
Fabricated Metal Products Manufacturing T-ifis v its ing [Added 4 24 2004] 7699
Technical and Trades Sschools S-24
Business, Professional, Labor, Political and Similar i Oerganizations 94-2
Testing laber-4eries [Added 8 24 20044 8734
—
Aeeessefy retailing
Public Administration and Government Support Buildings including Fire and —
Ambulance Services
Public Utitilities [Amended 1-8-2020] m
B
Signs allowed iii § 165 201.06B [Ameiided 2 13 20081
Freestanding h„;l d;.,g [Amended 2 '2-08
Eleetrenie -.gn.[Added 2 13 20
Residential uses which are accessory to allowed business uses
Parks
Regional Csriminal Justice, Eenforcement, and Ddetention F_€acilities€er
Fr-ederiek Getinty, Clarke Ge and the City of Wif ehescef
Truck or Fleet M+*aintenance F€acilities [Added 6-9-1993]
Self-Sgervice Sstorage Ffacilities [Added 12-11-1996]
Flex-Tech [Added 2-11-1998]
§ 165-606.03 Conditional uses.
[Added 5 12 2010; nmended 1 11 241-71
Uses permitted with a conditional use permit shall be as follows:
Standard indust..;.,! Classifie,tion
Conditional Uses {SW-3
Tractor'ftruck and Ttractor Ttruck Ttrailer Pparking --
Fitness and Recreational Sports Centers
r l +iei dea-i*
c-vnrniereim-reere&crvrr,-iirc cv���
• :7941
L Dhysie"1 fitness f4eil;ties 799 i
ifieltide ofil , fitness and etle,,
*This , ;11 flet beper-missible in the N42 efii-ag
pi 5t+1et.
Proposed Changes—M2(Industrial General)District
Revised June 14,2023
Part 607
M2 Industrial General District
[Amended 6-14-2023]
§ 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 Ml (Light Industrial)Zoning District
Food Manufacturing including Animal Slaughtering and Processing, Seafood Product Preparation and
Packaging, and Rendering and Meat Byproduct Processing
Logging
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 excluding Asbestos
Primary Steel Manufacturing
Coating, Engraving, Heat Treating, and Allied Activities
Ammunition, Ordinance and Accessory Manufacturing
Storage Batteries and Primary Battery Manufacturing
All Other Telecommunications
Public Utilities
Fuel Dealers
Specialty Contractors
Proposed Changes—M2(Industrial General)District
Revised June 14,2023
Junkyards and Auto Merchant Wholesalers
Waste Management& Remediation Services including incinerators
Tractor Truck and Tractor Truck Trailer Parking as primary use
Part 607
M2 Industrial General District
[Amended 5-19-20231
§ 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 andeg neral
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) may be used to assist the Zoning Administrator in classifying the
permitted uses.
§ 165-607-02 Allowed Uses
Allowed Uses Standard lndustr-W
(c
All Uttses A-allowed in the M1 tLight IndustrialiZoning District
Additional mantiAetttriiig as follows:
—Food Manufacturing including Animal Slaughtering and Processing, 244
Seafood Product Preparation and Packaging, and Rendering and Meat
Byproduct Processin
Grain fni4-pFe4ui&t5 X04
F„+ li,a ;1- 20-7
2�"
Canned and ettred fist, and seafood 249-f
L',-es er- f ai"e fish „r,a „ „f,.e 249-2
Tebaeee 24
—Logging 24f
—Wood Product Manufacturin 24-2
49-I
—Pul Pa er,and Paperboard Mills 24
—Chemicals Manufacturin 2,9
—Petroleum and Coal Products Manufacturing including Fuel Dealers 24
r-efining and related in"stfie�
—Leather and Allied t�P_ roducts Manufacturing 3�
—Concrete Block and Brick, Glass and Related Products excluding 3�
Asbestos s
[Added 7-9-447-74
A,1.,,4e- D a,, r 33292
—Prima Steel Manufacturing _34
—Coating, Lengraving, Heat Treatin and A-allied sep4eesActivities 447-
-Ammunition,
47—Ammunition, Ordinance and A-accessories Manufact irin 449
—Storage Bhatteries and Primary Batteries
All Other TelecGommunlcatlons se re* elsewhere ells.fie a 483
[Added 8 24 20041
Public Utilities 44
—Fuel Ddealers __,W9
—Specialty Contractors ^� or,� ^ r*r^^*^ r ^� 7389
ma-n4aettir-ed to fiatufal gas
—junkyards and Auto Merchant Wholesalers —
Roeyelin -,-. ".- Waste Management& Remediation Services —
including incinerators
Mafiufaetur-ifig or-wholesaling efl��
h a+e
Steam pewet:p ants
Heat/ * �*^rage . ^r'^ Tractor Truck and Tractor Truck Trailer
Parking as gdMqpLqse
§ 165 60:7.03 Conditionn! uses-.
luded c 17 20101
Proposed Changes—TM(Technology-Manufacturing Park)District
Revised June 20,2023
PART 605
TM Technology-Manufacturing Park District
[Amended 6-20-20231
§ 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 (NAILS) shall be used to assist the Zoning
Administrator in classifying the permitted uses.
§ 165-605.02. Permitted uses.
Pennitted 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 excluding Tire 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
Storage Batteries and Primary Battery Manufacturing
Aircraft Manufacturing
Guided Missiles and Space Vehicles Manufacturing
Miscellaneous Manufacturing
Telecommunication Facilities and Offices, Broadcasting and Content Providers,
:4
Proposed Changes—TM(Technology-Manufacturing Park)District
Revised June 20,2023
including wired and wireless telephone,radio,television and other satellite
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
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
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
:4
Proposed Changes—TM(Technology-Manufacturing Park)District
Revised June 20,2023
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.
:4
PART 605
TM Technology-Manufacturing Park District
lAdded 12 10 2004, Amended6-20 ,-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) may be used to assist the Zoning Administrator
in classifying the permitted uses.
§ 165-605.02. Permitted uses. ; 1 19 20231
Permitted uses are as follows:
Standard
Permitted Uses Classifiefition
(SW-)
N 4anuf,,etu-ifig as follows:
Food, Beverage, and Tobacco Manufacturing excluding Seafood 2-0-2
Product Preparation and Packaging and Animal Slaughtering and
Processin
Ganned, 4eze„ and r o 0 e "its, i,egetables and soup o 2-03
Bal 2-AS
Bever-ages 2-"
ti
Fred, or- 4 ozoo fish and seafood 2092
Furniture and Rrelated Pproduct Mmanufacturing 2-5
Converted Paper Product Manufacturing-paperboard eeiita ners ^r ' 2-6-5
:1
b&,Ees
Printing, Publishing, and Allied Industries 2-7
Pharmaceutical and Mn+edicine Minanufacturing 2-93.
Plastics and Rubber Product Manufacturing including Footwear ff*d -3-P
miseellaneatis plasti^4 Minanufacturing excluding Tire
Manufactudn
444
Fabricated Mi*etal Pproducts Manufacturing, excluding Engraving -34
and Allied Services, Ammunition, Ordnance and Accessories
hi"stfial and^ o �Mprachinery Manufacturing and -3--!;
Ceomputer and Electrical Producteqffipm-e44 Mi*anufacturing
Electrical Rle es and othef elee4ieM Eequipment, Appliance -3-6
and Ceomponents Mi*anufacturing
Storage Batteries and Primary Battery Manufacturing
Aircraft afid p ifts7Mmanufacturing 474
Guided Missiles, and Space Vehicles, a*d Manufacturing 376
r e R analyzing and eentfalstRime ,r�vtegt:aphre,
Miscellaneous Mfanufacturing iodtist+ies -3-9
TelecCommunications Facilities and Offices, Broadcasting and 49
Content Providers, including wired and wireless telephone, radio,
television, and other satellite communications
Finance, Insurance, Legal and Offices of X60
Real Estate
I e&ff4efs „,a sefviees 63 64
Rem 6-4
Professional, Scientific and Technical Busiff ess-Sservices 74
including Testing Laboratories
Health Care Services.DeretA-r; Aeffiees and elini 891-804
Medical and Ddental Llaboratories 947
:I
Technical and TradeAleeational S5chools 4
Business,assoei4ioiis Professional, Labor, Political and Similar
Organizations
:1
§ 165-605.02 § 165-605.03
Classifiention
Permitted Uses (SW-)
related
Public A-administration and Government Support -97
Buildings
, —
f-egtilaf:basis as t4e
Public Utitilities -
Flex-Tech, pr-evided that 4 least e „ft4e indi. ;,a, a _
49
telepheiie, telegraph, radio, television and othef
eaffiffitiffleati OHS
:2
§ 165605.03 § 165 tint 03 i
§ 165-605.03. Secondary or accessory uses. ; 1 19 2023j
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 be
in accordance with §165-201.05.
Standard industripA
Classifiention
Secondary Uses3
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 11-18-20091
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.
:4
Proposed Changes—EM(Extractive Mining)District
Revised May 19,2023
Part 608
EM Extractive Manufacturing District
[Amended 5-19-2023]
§ 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
Nonmetallic Mineral Product Manufacturing excluding Asbestos
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.
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.
Proposed Changes—EM(Extractive Mining)District
Revised May 19,2023
§ 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.
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 MH I.
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 MH 1. 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.
Part 608
EM Extractive Manufacturing District
[Amended 5-19-2023-1
§ 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) may be used to assist the Zoning Administrator in classifying the permitted uses
§ 165-608.02 Permitted uses.
The following uses shall be-allewed 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 and Dimension Stone Mining and Quarrying
Crushed and Broken Limestone, Granite, and Other Stone Mining and Quarry
Sand, Gravel, Clay, and Ceramic and Refractory Minerals Mining and Quarring
Construction Sand Mining
Kaolin, Clay, and Ceramic Mineral Mining and Quarry
Support Activities for Mining excluding Drilling Oil & Gas Wells
Nonmetallic Mineral Product Manufacturing excluding Asbestos
Parks
A. .
r-efiiiiiig is allowed.
G. Sand and gravel mining ,,.a
F. Asphalt It .,n eeiier-ete f pky+t-
.
14 F ltur—e, ei:eha-a 1, l4ie,,lt, ,-o .wait= ing a-R f es
'�, "g�'iccrr , 2�1��, vrcrccrr ,
j. Business signs. lAmended 2 13 20081
T Signs allowed ;,, P 165 201.06B. lAdded 2 12 20081
§ 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 9-26-20121
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 11-14-20121
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 11-14-20121
(1) No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or MH 1. 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 MH 1. 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.
[Amended 11-13-20131
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.
Proposed Changes—HE(Higher Education)District
Revised May 31,2023
Part 609
HE (Higher Education) District
[Amended 5-31-2023]
§ 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)
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
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
Physical fitness facilities
Civic and Social Organizations
Adult day-care centers
Child day-care services
Places of Religious Worship
Wellness Centers (as defined)
Proposed Changes—HE(Higher Education)District
Revised May 31,2023
Parks
Postal Services
§ 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
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.
Part 609
HE (Higher Education)District
[Amended 5-19-2023]
§ 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) may 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:
Colleges, Universities, and Professional Schools
Public Utilities excludingEnergy nergy-Generating Facilities.
Wired and Wireless Telecommunication Carriers (excluding Satellite).
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
Hotel and Motels, including Rooming and Boarding Houses, and Dormitories, excluding Workers Camps
Coin Operated laundries, Drycleaners, and Linen Supplies
Personal Care Services
Photocopy and nd duplicating services
Physical fitness facilities
Civic and Social Organizations
Adult day-care centers
Child day-care centers
Places of Religious Worship
Wellness Centers (as defined)
Parks
Postal Services
E. Btisifiess signs. [Amended 2 13 20081
G. Freestanding builds- o,,, r o signs. [Added 2 13 20044
eemfntmiea+ieiis. IAdded 12 11 241%
§ 165-609.03 Yard and design requirements.
[Amended 5-12-20101
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.
[Amended 5-12-2010; 9-26-20121
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 5-12-20101
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.
Proposed Changes—MS District
Revised August 21,2023
Part 504
MS (Medical Support)
District [Amended 8-21-2023]
§ 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
Proposed Changes—MS District
Revised August 21,2023
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
Proposed Changes—MS District
Revised August 21,2023
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)
Proposed Changes—MS District
Revised August 21,2023
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
§ 165-504.0213, 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 § 165-504.0313 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 § 165-504.0213 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.
Proposed Changes—MS District
Revised August 21,2023
§ 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-
504.050 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
Proposed Changes—MS District
Revised August 21,2023
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 § 165-202.011)(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§ 165-202.011)(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.
Proposed Changes—MS District
Revised August 21,2023
(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.
Proposed Changes—MS District
Revised August 21,2023
Part 504
MS (Medical Support)District
[Amended 8-21-20231
§ 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 i,...mit4e t1ses are
Allowed UsesPermitted Uses
Classifiention (SIC)
Colleges, Uttniversities, Pprofessional schools, and junior Cc-olleges 824
Libraries �3
9249
Allowed Uses
Classifiention (SIC)
Pharmaceutical and Medicine Manufacturing Rosear-e, and de clop o„* �3
Scientific Research and Development Services includingTesting esting 873 f
Agencies Gemmer-eial physieal and bielenieal r-esear-eh
Test„n r ab 4 e 8734
C—Ifissifiefition (SIC)
Food Services and Drinking Places excluding Mobile Food Services 5441
cefiveffieflee stores-
Food and Beverage Retailers excluding_ Fruit and Vegetable Stands and
Vending Machine Operators
Retail bakeries -546
G89, tOHS, he 1*cr 1crcrr 98d StOfes R-Rd Vitffffliff StO S 5499
Health and Personal Care Retailers Retail ,,,,;fef stores 5699
Eating p , ^ 5812
Miscellaneous Retailers limited to Bookstores, News Stand/Dealers, 5942
Stationary Stores, Gift Shops, Florists, and Uniform Stores
5943
X94'7
Fier-ists 5992
New dealers .,,,,a news stands 5994
Optieal ods stores 595
Ofthepedie and .,.4ifi is limb stores
X999
Finance and Insurance, Holding„ and Offices of Real Estate Gemmef:eial 60-2
batiks [Added 7 23 240.8
Gr-editttiiieiis [Added :7 23 20084 606
Life ; off; ^5 6311
Hospital and fnedieal sen,iee-plans offiee 6324
Peiisi ,,, b,^.,M andwelfare fare f,mds e f fiees 6371
Holding offiees 474
Hotels and Mn+otels, including Rooming and Boarding Houses, and -7"
Dormitories, excluding Workers Camps
qA4
Coin Operated Laundries, Drycleaners, and Linen Supplies Ciar-men2
Personal Care Services f
paX41-
Photocopying and duplicating services X34
Medical equipment rental and leasing :7352
Data entry, data processing, data verification, and optical scanning data 7374
services
Product S4erilization Sservices 7389
Electronic & Precision Equipment Repair and Maintenance 4eafiffg-4d :7629
0nd fnedieal 0 repair-,
Dental i+istF+ime+4 repair-, labera it repair-, m dieal e"ipme+i 7699
Physical fitness facilities 799f
Civic and Social Organizations Member-ship spet4s a4id rwr-e4ien Ott 7997
Ambulatory Health Care Services, Hospitals, Nursing and Residential 801 804
Care Facilities O ffiees and elinies of doeters and de eft�
14espiW-5 8.06
Dental laboratories 8072
r-epo„io,a 7 23 20-0-4
M;.,,ell fleetis 1,,,ak .-Rda-Rd allied
Adult day-care centers
[Added:7 23 20081 43-2-
Child day-care services 835i
Public Bhuildings, including*he f^alto T iag Social Service Offices
Q.,eiaSeB'ieesoffs es
Allowed Uses StaHdar-d !Hdustr-in!
Classifiention (SIC)
Pharmaceutical Machinery Manufacturing 3559
Medical Equipment and Supplies Manufacturing SffFgic^'- ' 3n94
Medical, Ddental, and Hhospital r-,�quipment and stipplies Merchant
Wholesalers
Ophthalmic Ggoods Merchant Wholesalers
5049
Drugs, and Ddruggist Ssundries Merchant Wholesalers -54�
(b) All ot4door lightifig fixtur-es designed to illufnifi4e par-king lots, loading bay areas, fRaft—
af:eas, st-11...11 -._RS, afl d etttdeaf:stef:age af:eas shall be shielded to dir-eet light dewiiwar-d.
Allowed Uses
4
f
N-tirsing and pe .,1 ear-e 1'ae litic, 85-
Resi o„+ial care faeili+ies 8-3-6
Dormitories, Medical and A-allied Hhealth (As defined)
Halfway Hhouse (As defined)
Treatment Hhome 2} (As defined)
Family Cc-are Hhome (As defined)
Group ._Thome (As defined)
Protected Epopulation Hhome (As defined)
Allowed Uses Stnfidnr-d 1fidustr4al
Classifiention (SIC)
A fnbtil�rrrE�S2i fro read and. el , o,- do s 4119
A,rrn btil n ee seFvfele-M., 4522
Places of Religious Worshiper 8661
Fire Pprotection 9224
Conference/Eevents Cc-enter (As defined)
Fleet Mi*aintenance F€acility, Medical and Allied Hhealth (As defined)
On-site Utttility Ssystems (As defined)
Telecommunications owers and F€acilities (As defined)
Warehousing, M+redical and�itillied Hhealth Sservices (As defined)
Wellness Cc-enters (As defined)
This ofdimwe also ,
65i3
0-pet:a+ef:s ef dwe!144gs et4ef:t4aH apaftffieot btiildiogs 6Allowed Uses Standfird industrial
C-InssifientioH (SIC)
4
SAS
(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 h14ome occupations (as defined).
(c) G,,,,*:,,,,:,,n � 1—ti.e�er*eefnmtm4ies (as dofii4od) Residential care facilities must conform to the
following performance standards:
[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.
[52] The residential care 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.
[43] 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.
[54] 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)
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.
2008; 3 -3 20131
D. Hospitals, office buildings, conference/events centers,wellness centers, and all land use permitted under
§ 165-504.02B(47), 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
}
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: [Amended 7 23 20081
(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. jAmended 7 23 20081
D. Commercial entrances for permitted support services and entrances for related residential developments
shall have a minimum spacing requirement of 150 Feet e i~i satisfying VDOT spacing standards,
,t h iehe. er:s gro—er, from street intersections to provide for adequate vehicle stacking. [Amended 7 23
}
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 20121
§ 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 20081
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 20081
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 73 20081
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.
[Amefided 7 23 20081
§ 165-504.06 Height regulations.
A. The maximum structural height for hospitals, office buildings, and all land use permitted under § 165-
504.02B(", F=dti.atieiialsti-ppeft sen4ees, 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
20W
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 165-504.0613 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. jAmended 7 23 20081
(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.
(d) Continuing-care retirement communities (as defined) shall be exempt from internal separation and
internal residential separation buffers. IAdded 7 23 20081
(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 r-egulations.
A. Ter�ttedsignage.
(2) Signs allowed in § 165 201.06W.
(n�Tees,-.,ndi g bttild.*..Fl n el3tranC-e 9*S__
--all ,,,,t e*eeed 100 s o foot in area.
Proposed Changes—SIC Conversion—Other Amendments
Revised May 31,2023
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,gevemafnentor other enterprise.
Article 11 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
§165-204.23 Welding repair(SIGG 769-2)
§165-204.35 Adult Retail
Adult retail uses meeting the minimum requirements of this chapter, any conditions imposed by the Board
of Supervisors, and with the following minimum conditions:
a) Such uses shall be located at least 2,500 feet from the property line of existing adult retail uses,
schools, churches,parks, day-care facilities and residential uses and districts.
b) Such uses shall not be permitted in shopping centers and/or multi-tenant buildings.
c) All merchandise display areas shall be limited to enclosed structures and shall not be visible from
the outside.
d) Business signs shall not exceed a maximum of 25 square feet.No wall- mounted signs or window
displays shall be permitted.
—Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m.
Article IV Agricultural and Residential Districts
Part 401 RA Rural Areas District
§165-401.02 Permitted uses.
KK.Blacksmith shops(SIC 5 4 3 1)
§165-401.03 Conditional uses.
U. Welding repair
AA. Offices and clinics of doctors of medicine,dentists, and other health practitioners(SIC 901, 902,-403.
and 904)
Part 402 RP Residential Performance District
§165-402.03 Conditional Uses
Proposed Changes—SIC Conversion—Other Amendments
Revised May 31,2023
H. Offices and clinics of doctors of medicine,dentists,and other health practitioners(SIC 90 1, Qm QW
. 904)
Article VII Overlay Districts
Part 704 IA Interstate Overlay District
§165-704.04 Qiia:f,:r„ G,4e4 LReservedl
A. On pfepei:�y�hat is delifie4ed en the OfTieial Zoning Map as being paf�of�he inter-st4e Area Over-lay
Gaseliiiesef-,4ee-sta+ie 5541
ate-Dying establishments 70
OSWSA De�ek,pmem Area RT 37 Frederick County, VA
uroa�
SWS
—Appmvetl TDR Propetlies
Zoning
-B1(N eighbomootl Business District) 01 Official Zoning Map
4WB2(General Business District)
44W.(Intlustrial Tra M..DiM.d)
4W EM
(Extractive Manufacturing Distad) \ SC�s CSG
4
—HE(High.,Etlucalion Oistrid) �
-M1(Lght ffid-trial District)
M2(IntluM.d General District) ../ \'
4W MH 1(M.N.Home Community District) 02-` „U3 J�., 04
—MS(Metlical Support District) �, \
—OM(Office-Manufacturing Park)
—R4(Resitlentid Pl...e Community Dstrict)
—R5(Resitlential Recreational Common Ay District)
O RA(Roral Areas District) - q�
5
RP(Restlential Performance Dstrd)
Agricultural&ForeaW Diatncta 05�\� ( ,` /
16 ' b7 �a,08 09
Apple Pe Rdge
�\
Y 11
—South Timber Ritlge
—South Fretlerick \
Hayfield / 6 C
\
— k ain // �
BacMount �
—Refance / Y�
D.W.Gh..h 'V 12 \ 1q, \r 15
—Retl Butl }� \ � ti
—Green SP..9
®George Wa mgt.Natroazl—A
\ ll
P
0 1 2 4 Miles
ti
1 �
N 16 19 . 2b .�. .i i 22 �r23 24
c
L �,
Official Zoning Map Created by
Frederick County Department of
Planning&Development 25 s y 29 / �...
1
107 N Kent Street
Suite 202 _ �/' 30 - 1 / - - 32 �� 34 ',
Winchester,VA 22601
Wi
540.665.5651 -
�
w -fcva.us V ' V
July 2022
f i
AMENDMENTB_
JULY14 2021(REZ#01-21)
JULY14 2021(REZ#02 21)
JULY 14,2021(REZ#Ba 21) 36 37 38 39 Y, ` z f 42 fit 45 y J
SEPTEMBER 22,2021(REZ#04-21)
OCTOBER 13,2021(SWSA EXPANSION)
NOVEMBER 10,2021(AG/FORESTAL DISTRICTS)
JANUARY 12 2022(REZ#OS-21) L I 6 A f I -
MAY25,2022(REZ#02-22)
JULY 33,2022(REZ#03-22)
47 48� 50 53 4 ., �r x 1 56
y
571 r 59 6 / w a 62 i 3. RP
6 66
i
r
,
T
67 X68 69� �� 10 71 2 i.Y -74 ._ ��f 76
8 79 80 % Arl� 82 ,-,��, sill el
� I8 85
op
�� 11 1 'F .�. / ) r•
88 89 91 � 92 y_� 94
�' i '-� _