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072-24 (OrdAmendmentChapter165Zoning(AccessoryDwellingsMDPs&Definitions)) ORDINANCE Action: PLANNING COMMISSION February 21, 2024 BOARD OF SUPERVISORS April 24, 2024 ORDINANCE AMENDMENT THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 —General Provisions §165-101.02 Definitions and word usage ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 201 —Supplementary Use Regulations §165-201.05 Secondary or accessory uses ARTICLE VI Business and Industrial Zoning Districts Part 608—Extractive Manufacturing District §165-608.05 Setback and yard requirements ARTICLE VIII Development Plans and Approvals Part 801 —Master Development Plans §165-801.06 Master development plan submission §165-801.08 Changes to approved master development plans WHEREAS, an ordinance to amend Chapter 165, Zoning, to amend definitions for family care home, group home and adult care residences;to amend supplementary use requirements for accessory dwellings; to amend setback and yard requirements for the EM (Extractive Manufacturing) Zoning District; and to amend regulations for development plans and approval for master development plans (MDP) was considered; and WHEREAS, the Frederick County Planning Commission held a public hearing on the ordinance Res. No. 072-24 amendment at their regularly scheduled meeting on February 21,2024 and recommended approval;and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this ordinance amendment at their regularly scheduled meeting on April 24, 2024; and NOW,THEREFORE,BE IT ORDAINED by the Frederick County Board of Supervisors,that in the interest of public health, safety, general welfare, and good zoning practice, Chapter 165 - Zoning Ordinance be amended regarding definitions for family care home, group home and adult care residences;supplementary use requirements for accessory dwellings;setback and yard requirements for the EM (Extractive Manufacturing) Zoning District; and regulations for development plans and approval for master development plans (MDP). Passed this 24th, day of April 2024 by the following recorded vote: Josh E. Ludwig, Chairman Aye John F. Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Blaine P. Dunn Aye Judith McCann-Slaughter Aye Robert T. Liero Aye A COPY ATTEST wiiwilm Michael L. Bollho Frederick Count dministrator Res. No. 072-24 •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 Staff SUBJECT: Ordinance Amendments—Accessory Dwellings, Master Development Plans & Definitions DATE: April 11, 2024 Proposal & Current Standard: The following changes are proposed by Planning and Development Department staff to Chapter 165-Zoning Ordinance. These items are not mutually exclusive but are summarized here as a package of minor amendments. 1) Accessory Dwellings: This is a proposal to amend the "Secondary or accessory uses" section (§165-201.05)to establish a minimum square footage(SF) allowance for accessory dwellings of 500 SF, or 25% of the gross floor area,whichever is greater. The 500 SF minimum square footage was derived from consulting with Building Inspections staff and the Virginia Uniform Statewide Building Code (USBC) to determine the minimum habitable space required to include a kitchen(-18 SF),living space(-120 SF), bathroom (-40 SF), and two (2) bedrooms (-100 SF each). Note: these are "minimums" established in the building code only. Current Standard: The Zoning Ordinance currently permits accessory dwellings as no more than 25% of the gross floor area of the primary residential structure on the lot. For example, a 1,500 GSF single-family home would be allowed to have an accessory dwelling of only 375 SF. This potentially limits the ability of property owners to create an accessory dwelling with desirable habitable space that fulfills all building code requirements. Staff Note: During the Board of Supervisors discussion on November 8,2023,a question was posed to staff regarding having an accessory structure with two bedrooms,where the square footage would be in excess of what is permitted through "accessory dwellings" allowance. Staff would clarify this allowance is already enabled under §165-204.27 (Temporary family health care structures). As stated in the ordinance, a "temporary family health care structure shall be permitted for use by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver as his residence as a permitted accessory use." 2)Master Development Plans: This is a proposal to clean up Part 801 of the Zoning Ordinance to reflect the County's adopted submission procedures for Master Development Plans (MDP)and to remove remaining references OA—Ordinance Amendments—Accessory Dwellings,MDP's and Definitions April 11,2024 Page 2 to public meetings requirements prior to MDP approval. Current Standard: The Master Development Plans (MDP) section (§165-801) was amended in October 2021 to remove public meeting requirements from the MDP review and approval requirements. §165-801.06(A) and §165-801.08 still contain references to public meeting requirements and should be amended for consistency throughout the section. 3) Other Minor Amendments (multiple This is a proposal to amend §165-101.02 (Definitions)to remove language that does not conform to state and federal definitions for"intellectually or developmentally disabled persons."A separate proposal updates word usage where "principle" is used incorrectly (§165-608.05) instead of "principal"when referring to a primary structure. Current Standard: The current Zoning Ordinance contains incorrect terminology and requires minor changes to word usage. Requested Action: The Planning Commission held a public hearing on February 21, 2024, and there was no discussion. There were no speakers during the public hearing portion of the meeting. The Planning Commission unanimously recommended approval of the ordinance amendments. Following a public hearing,staff is seeking a decision by the Board of Supervisors on this proposed ordinance amendment. MTK/pd Attachments: 1. Proposed Changes —Accessory Dwellings 2. Proposed Changes—Master Development Plans 3. Proposed Changes—Other (Minor) Amendments 4. Resolution Proposed Changes—Changes to Word Usage Revised August 22,2023 Chapter 165—Zoning Ordinance ARTICLE I GENERAL PROVISIONS,AMENDMENTS,AND CONDITIONAL USE PERMITS Part 101—General Provisions §165-101.02 FAMILY CARE HOME A residential facility intended primarily for intellectually or developmentally disabled residents, or residents with emotional or behavioral problems who are provided with a program of services and protective supervision in a home setting. GROUP HOME A residential facility for intellectually or developmentally disabled persons who may require personal care and supervision, and who may be considered to be potential candidates for independent living. ADULT CARE RESIDENCES A public or private establishment operated or maintained for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting.Adult care residences do not include facilities or portions of a facility licensed by the State Board of Health or the Virginiapartment of Behavioral Health and Developmental Services Meff .,, a+afd +ie affd c4,.+., e Abuse See=,;ees; and the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; and a facility or portion of a facility serving infirm or disabled persons between the ages of 18 and 21. ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 608—EM Extractive Manufacturing District §165-608.05 Setback and yard requirements. A. Front setback. 1. All pr-inei 4e—principal 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. Proposed Changes—Accessory Dwellings Drafted April 25,2023 Chapter 165—Zoning Ordinance ARTICLE II SUPPLEMENTARY USE REGULATIONS,PARKING,BUFFERS,AND REGULATIONS FOR SPECIFIC USES Part 201— Supplementary Use Regulations §165-201.05 Secondary or accessory uses. When permitted secondary or accessory uses that are normally or typically found in association with the allowed primary use shall be allowed on the same parcel or lot as the primary use, secondary uses shall meet the requirements of this section as well as any particular standard imposed on such use. A. Agricultural accessory uses. The selling or processing of agricultural products produced on the premises shall be considered to be accessory to an agricultural use. On bona fide, operating farms, temporary or permanent housing for workers actively working on the farm shall be an allowed accessory use. B. Accessory dwellings. One accessory dwelling shall be allowed with any single-family dwelling as long as the following conditions are met: 1) The floor area of the accessory dwelling shall be no more than 25%of the gross floor area of the primary residential structure on the lot or a minimum of 500 square feet, whichever is greater.. 2) In the RP Residential Performance, MHI Mobile Home Community and R4 Residential Planned Community Districts, accessory dwellings shall only be allowed if they are attached to the primary residential structure. 3) In no case shall a mobile home be allowed as an accessory dwelling in the RP Residential Performance District, R4 Residential Planned Community District and R5 Residential Recreational Community District. C. Dwellings in a business. One accessory dwelling shall be allowed with any business or industrial use only so long as it is occupied by the owner of the business or industry, an employee or a watchman. D. Child day-care services. Child day-care services and facilities shall be allowed in the M1 Light Industrial District as an accessory or secondary use to any allowed use or group of allowed uses in an industrial park. E. In no case shall a mobile home or temporary trailer be allowed as an accessory use,unless it is used for temporary or permanent housing on a bona fide, operating farm. F. Secondary or accessory uses shall be permitted by right in the B 1, 132, 133, TM,M 1 and M2 Districts,but only in conjunction with and secondary to a permitted principal use. The square footage or area occupied by secondary uses cumulatively shall not exceed 25%of the gross floor area of the related principal use. In the 133, OM, M1 and M2 Districts,no more than 15%of the gross floor area of the principal use may be used for accessory retail sales, and in no case shall the Proposed Changes—Accessory Dwellings Drafted April 25,2023 accessory retailing component exceed 2,000 square feet. The square footage devoted to accessory retail sales shall be included in calculating the limit of 25%on secondary uses. Proposed Changes—Master Development Plans Revised August 22,2023 Chapter 165—Zoning Ordinance ARTICLE VIII DEVELOPMENT PLANS AND APPROVALS Part 801—Master Development Plans §165-801.06 Master development plan submission. Applicants shall submit the number of copies of the preliminary MDP to the Department of Planning and Development specified by the Department of Planning and Development MDP application,together with completed application materials required by the Department of Planning and Development. A. Applicants shall provide approval comments on the proposed development from various review agencies or departments as required by the Department of Planning and Development.The submission shall be complete and rho , pliea6e shall eemmenee �h,-eiagh the poli preee-&--when the plans, application materials and review agency approval comments have been received by the Director of Planning and Development. Analysis Standafds. G. Site plans or-final s4division plats fna-y be s4fnitted eeneuffeady w4h pr-elifniflafy maste inn Siabdivision of Land, of the Geta�Code §165-801.08 Changes to approved master development plans. Changes to an approved MDP shall occur only after review by the Planning Geffifflissien Department +he Beafd of S"e ise using the procedures required for the approval of a new plan. The n 'e^*^"9