HomeMy WebLinkAbout036-25 (ProposedOrdAmendmentChapter165Zoning(TraditionalNeighborhoodDesign-BusinessOverlayDistrict)) RESOLUTION
Action:
BOARD OF SUPERVISORS. September 10,2025 Adopted
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING
REGARDING CHAPTER 165,ZONING ORDINANCE
ARTICLE VII
OVERLAY DISTRICTS
PART 705—TNDB TRADITIONAL NEIGHBORHOOD DESIGN-BUSINESS OVERLAY
DISTRICT
§165-705.04 USE,DENSITY,DIMENSIONAL AND INTENSITY REGULATIONS
WHEREAS, a proposal to amend Chapter 165—Zoning Ordinance to amend dimensional regulations contained
in §165-705.04 for the TNBD (Traditional Neighborhood Design-Business) Overlay District to modify the
maximum height(feet) allowed; and
WHEREAS,the amendment will be referred to the Development Review and Regulations Committee(DRRC)
for review at their next regular meeting; and
WHEREAS,the Board of Supervisors discussed the proposed changes on September 10,2025; and
WHEREAS,the Frederick County Board of Supervisors finds it appropriate in public necessity,convenience,
general welfare,and good zoning practice to direct the Frederick County Planning Commission to hold a public
hearing regarding an amendment to Chapter 165;
NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors, that in the
interest of public health, safety, general welfare, and good zoning practice, the Frederick County Planning
Commission hold a public hearing to consider changes to Chapter 165-705.04 use, density, dimensional and
intensity regulations.
Passed this September 10, 2025, by the following recorded vote:
Chairman's Seat Vacant John Jewell Aye
Gainesboro Seat Vacant Robert W. Wells Aye
Blaine P. Dunn Aye Robert Liero Aye
Judith McCann-Slaughter Aye
A COPY ATTEST
Michael L. Bollhoef
Frederick County dministrator
No. 036-25
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
7 Fax: 540/665-6395
MEMORANDUM
TO: Board of Supervisors
FROM: M. Tyler Klein,AICP, Senior Planner
SUBJECT: Ordinance Amendment—TNDB Overlay District
DATE: September 2,2025
Proposal:
This is a proposal to amend Chapter 165 -Zoning Ordinance to amend dimensional regulations contained
in §165-705.04 for the TNBD(Traditional Neighborhood Design-Business)Overlay District to modify the
maximum height(feet) allowed.
This ordinance amendment was initiated by staff at the request of a developer.
Current Standard:
As stated in the ordinance:
The TNDB (Traditional Neighborhood Design-Business) Overlay District is intended to implement the
comprehensive plan goals of supporting a business climate conducive to economic activity and orderly
economic growth,providing a variety of housing types and locations to meet the varied needs and income
levels of the County's present and future population,providing for adequate and safe pedestrian and bicycle
travel andpromoting traditional neighborhood design in urban centers and neighborhood villages, all of
the foregoing being deemed to advance and promote the health, safety and general welfare of the public
and the orderly development of Frederick County.
The TNDB district standards section was last comprehensively updated in 2008.
Summary& Requested Action:
This item is presented for information and discussion. Staff is seeking direction from the Board of
Supervisors on desired changes.Following a discussion,staff is seeking consensus from the Board to move
forward with this amendment and to authorize staff to hold public hearings(TBD).
MTK/pd
Attachment: 1. §165-705 —TNDB Overlay District
Frederick County,VA
§ 165-705.01. Intent.
A. The TNDB (Traditional Neighborhood Design-Business) Overlay District is intended to
implement the comprehensive plan goals of supporting a business climate conducive to
economic activity and orderly economic growth, providing a variety of housing types and
locations to meet the varied needs and income levels of the County's present and future
population, providing for adequate and safe pedestrian and bicycle travel and promoting
traditional neighborhood design in urban centers and neighborhood villages, all of the
foregoing being deemed to advance and promote the health, safety and general welfare of the
public and the orderly development of Frederick County.
B. The TNDB (Traditional Neighborhood Design-Business) Overlay District provides parcels
within the County's Urban Development Area (UDA), or parcels located in areas identified
as a potential urban center or neighborhood village in the Comprehensive Plan which are
located within the Sewer and Water Service Area, the ability to utilize traditional
neighborhood design criteria that are different from the criteria specified in Article VI of this
chapter. Parcels within this district should be located along major roadways and prominent
road intersections that are located in close proximity to existing or planned residential areas.
C. This flexibility is provided to enable traditional neighborhood design which includes a mix
and integration of uses, a mix and diversity of housing types, increased density, walkability,
connectivity, traditional neighborhood structure, high quality architecture and urban design,
sustainability and environmental quality and enhanced design and planning.
§ 165-705.02. District boundaries.
Properties that are included within the TNDB (Traditional Neighborhood Design-Business)
Overlay District shall be delineated on the Official Zoning Map for Frederick County. This
map shall be maintained and updated by the Frederick County Department of Planning and
Development.
§ 165-705.03. Establishment of districts.
A. The Frederick County Board of Supervisors may apply the TNDB (Traditional
Neighborhood Design-Business) Overlay District, following the procedures of Article I of
this chapter, to B I Neighborhood Business District and B2 Business General District
properties of less than 20 acres, upon concluding that:
(1) The parcel is located within the Urban Development Area, or located in an area
identified as a potential urban center or neighborhood village in the Comprehensive Plan
which is located within the Sewer and Water Service Area.
(2) The requirements of this section will not have an adverse impact on adjoining properties
whose primary use is residential.
B. The TNDB (Traditional Neighborhood Design-Business) Overlay District shall be in
addition to and shall overlay all other zoning districts where it is applied so that any parcel
of land within the TNDB (Traditional Neighborhood Design-Business) Overlay District shall
also be within one or more zoning districts as specified within this chapter. The effect shall
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Frederick County,VA
§ 165-705.03 § 165-705.05
be the creation of regulations and requirements for the TNDB (Traditional Neighborhood
Design-Business) Overlay District that are in addition to, or supersede, as the case may be,
those for the underlying zoning district(s).
§ 165-705.04. Use, density, dimensional and intensity regulations.
A. Use.Any use allowed in the underlying zoning district shall be allowed. Residential dwelling
units shall be permitted within the same buildings as other permitted uses,provided that such
dwellings units shall be located above the ground floor of the building so as not to interrupt
the commercial frontage in the district.
B. Residential density. Maximum gross density shall be 10 units per acre.
C. Dimensional and intensity requirements. The following dimensional and intensity
requirements shall supersede those of the underlying zoning district:
TNDB
(Traditional Neighborhood
Design-Business)
Requirement Overlay District
Minimum front yard setback on primary or 30
arterial highways (feet)
Maximum front yard setback on primary or 50
arterial highways (feet)
Minimum front yard setback on Collector or 10
minor streets (feet)
Maximum front yard setback on collector or 20
minor streets (feet)
Side yard setbacks (feet) --
Rear yard setbacks (feet) --
Floor area to lot area ratio (FAR) 1.00
Minimum landscaped area (percentage of lot 15%
area)
Maximum height(feet) 45
Maximum (number) of habitable floors 3
D. A waiver from the maximum front yard setback on collector or minor streets may be granted
by the Board of Supervisors at the time of rezoning to enable areas open to the public such
as pocket parks and outdoor seating.
E. All other dimensional and intensity requirements of §§ 165-601.01 and 165-601.02 of this
chapter shall apply.
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Frederick County,VA
§ 165-705.05 § 165-705.06
§ 165-705.05. Off-street parking; parking lots.
Off-street parking shall be provided on each lot or parcel on which any use is established
according to the requirements of this section.
A. Required parking spaces.
(1) Required parking spaces for residential dwelling units shall be dedicated and delineated
solely for use by the residents and identified on the site plan for the development.
(2) Number of required off-street parking spaces for residential dwelling units:
Number of bedrooms Off-Street Parking Spaces
Efficiency 1.0
1 1.0
2 plus 2.0
(3) Required parking spaces for commercial uses shall be in accordance with § 165-202.01
of this chapter. The Zoning Administrator may allow some variation in the standards for
required parking for the commercial uses based on detailed parking demand studies
provided by the applicant.
(4) On-street parking can be counted towards meeting the required parking in § 165-202.01
of this chapter, provided such parking is located within 400 feet of the subject principal
use.
B. Location of parking and circulation areas. Areas devoted to parking or circulation of vehicles
shall not be located between a primary structure on a lot and the street, nor shall such areas
be located closer to the street than the primary structure on the lot.
C. All other regulations concerning off-street parking and parking lots shall be as required in
§ 165-202.01 of this chapter.
§ 165-705.06. Design standards.
A. A harmonious coordination of uses, architectural styles, signs and landscaping shall be
provided to ensure the aesthetic quality and value of the development.
B. Doors and entrances. Buildings must have a primary entrance door oriented towards the
street or adjacent plazas, parks, squares, sidewalks or pedestrian passageways. Entrances at
building corners may be used to satisfy this requirement. Building entrances may include
doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented
plazas, or courtyard entrances to a cluster of shops or businesses.
C. Windows. A minimum of 40% of the street-facing building facades between two feet and
eight feet in height must be comprised of windows that allow views of indoor space or
product display areas.
D. Central plaza. A plaza that is centrally located within the district shall be provided and shall
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Frederick County,VA
§ 165-705.06 § 165-705.07
be a minimum of 5,000 square feet in area or 2% of the total acreage of the site, whichever
is greater. At least one side of the plaza shall adjoin a road. The plaza shall include public
amenities, such as ponds, fountains, public areas, plant beds, benches, drinking fountains,
clock pedestals and the like. Buildings that adjoin the plaza shall be a minimum of two
stories.
E. Sidewalks and pedestrian walkways. Sidewalks shall be installed along all building entrances
and along all streets. Sidewalks located along primary building entrances utilized for the
general public shall be a minimum of 10 feet wide. All other sidewalks shall be a minimum
of five feet wide.
F. Trails. All planned bike trails as identified in the Comprehensive Plan shall be provided along
any road within the proposed overlay district. Trails shall be a minimum of 10 feet wide and
have a paved surface.
G. Buffers and screening. Buffers and screening shall be provided on each lot or parcel on which
any use is established according to the requirements of this section.
(1) Buffers and screening requirements shall be provided as required in § 165-203.02 of this
chapter for the underlying zoning district. Any residential dwelling units shall be treated
as commercial floor space solely for the purpose of buffers and screening requirements.
Zoning district buffers shall not be required along any existing road rights-of-way which
border the development. The Board of Supervisors may grant a waiver to reduce the
required buffer distance requirements with the consent of the adjacent (affected)
property owners. Should a waiver be granted,the distance requirements of§ 165-203.02
may be reduced, provided the full screening requirements of the section are met.
(2) Loading areas shall be landscaped, screened and buffered from view as seen from
adjoining streets and residential areas.
H. Street trees. One street tree shall be provided for every 30 feet of street frontage. Street trees
shall be planted no more than 10 feet from rights-of-way. Acceptable trees shall be based on
the list of street trees include in § 165-203.01B of this chapter. Street trees shall be a
minimum of three-inch caliper at the time of planting.
§ 165-705.07. Master Development Plan (MDP).
A. The Director of Planning and Development may waive the requirements of a master
development plan in the TNDB (Traditional Neighborhood Design-Business) Overlay
District for sites less than 10 acres in accordance with § 165-801.03C(2) through (6) of this
chapter. The Director of Planning and Development may also waive the requirements of a
master development plan in the TNDB (Traditional Neighborhood Design-Business)Overlay
District, provided that a proffer statement, accepted by the Board of Supervisors, associated
with the development contains a plan which shows:
(1) The proposed location and arrangement of all street and utility systems.
(2) The proposed location of entrances to the development from existing streets.
(3) A conceptual plan for stormwater management and description of the location of all
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Frederick County,VA
§ 165-705.07 § 165-705.08
stormwater facilities designed to serve more than one parcel.
(4) The location and treatment proposed for all historical structures and sites recognized as
significant by the Frederick County Board of Supervisors or as identified on the Virginia
Historical Landmarks Commission Survey for Frederick County.
B. All other regulations concerning master development plans shall be as required in Article
VIII of this chapter.
§ 165-705.08. Signage.
A. Projecting signs. Signs which project from the face of the building shall be permitted subject
to the following:
(1) The maximum sign area shall be six square feet on any side of the building.
(2) The distance from the lower edge of the signboard to the ground shall be eight feet or
greater.
(3) The height of the top edge of the signboard shall not exceed the height of the wall from
which it projects for single-story buildings, or the height of the sill or bottom of any
second-story window for multi-story buildings.
(4) The distance from the building to the signboard shall not exceed six inches.
(5) The width of the signboard shall not exceed three feet.
B. Awning signs. Where awnings are provided over windows or doors, awning signage is
permitted with the following provisions:
(1) Maximum of eight square feet of signage area on an awning.
(2) No backlit awnings are allowed.
C. Wall-mounted signs shall be permitted to encompass 1.5 square feet for every 1.0 linear foot
of building frontage, provided that the total area of the wall-mounted sign does not exceed
150 square feet. Wall-mounted signs shall not exceed 18 feet in height.
D. Freestanding business signs shall not exceed 50 square feet in area. Freestanding business
signs shall not exceed 12 feet in height.
E. All other sign regulations shall be as required in § 165-201.06 of this chapter for the
underlying zoning district.
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