HomeMy WebLinkAboutDRRCAgenda2025September251.Zoning Ordinance Text Amendment Proposals
1.A.TNDB Overlay District
This is a proposal to amend Chapter 165 - Zoning Ordinance to amend dimensional
regulations contained in §165-705.04 for the TNDB (Traditional Neighborhood Design-
Business) Overlay District to modify the maximum height (feet) and habitable floors
allowed.
This proposed amendment was initiated by a developer.
1.B.R4 District
This is a proposal to amend Chapter 165 - Zoning Ordinance to amend design
requirements contained in §165-501.06 for the R4 (Residential Planned Community)
Zoning District. Specifically, staff proposes removal of the minimum size required and to
remove maximum residential density requirement.
This ordinance amendment was initiated by staff.
1.C.Outdoor Lighting Standards
This is a proposal to amend Chapter 165 - Zoning Ordinance to amend supplementary
use regulations for outdoor lighting contained in §165-201.07.
This ordinance amendment was initiated by staff at the request of the Board of
Supervisors.
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, SEPTEMBER 25, 2025
4:00 PM
FIRST-FLOOR CONFERENCE ROOM
107 NORTH KENT STREET, WINCHESTER VA 22601
DRRC09-25-25OA_TNDBOverlayDistrict.pdf
DRRC09-25-25OA_R4District.pdf
DRRC09-25-25OA_OutdoorLightingStandards.pdf
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: September 25, 2025
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: TNDB Overlay District
Attachments:
DRRC09-25-25OA_TNDBOverlayDistrict.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – TNDB Overlay District
DATE: September 19, 2025
Proposal:
This is a proposal to amend Chapter 165 - Zoning Ordinance to amend dimensional regulations contained
in §165-705.04 for the TNDB (Traditional Neighborhood Design-Business) Overlay District to modify the
maximum height (feet) and habitable floors allowed. Specifically, staff proposes increasing the maximum
height allowed to 60-feet* and removing the restriction on habitable floors from a maximum of three (3).
*60-feet corresponds to the maximum height allowed for a multistory residential building. This would
enable true mixed-use type structures with ground floor commercial/retail and residences above.
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 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.
The TNDB district standards section was last comprehensively updated in 2008.
Summary & Requested Action:
The Board of Supervisors authorized staff to proceed with committee review and to advertise for public
hearings at their September 10, 2025 regular meeting. Staff are seeking comments from the DRRC to
forward to the Planning Commission and Board of Supervisors for consideration.
Attachment: 1. Proposed Changes 09.16.25
2. TNDB Overlay District
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Proposed Changes – TNDB
Drafted September 16, 2025
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.
C. Dimensional and intensity requirements. The following dimensional and intensity requirements shall
supersede those of the underlying zoning district:
Requirement TNDB (Traditional Neighborhood
Design-Business) Overlay District
Minimum front yard setback on primary or
arterial highways (feet)
30
Maximum front yard setback on primary or
arterial highways (feet)
50
Minimum front yard setback on Collector or
minor streets (feet)
10
Maximum front yard setback on collector or
minor streets (feet)
20
Side yard setbacks (feet) --
Rear yard setbacks (feet) --
Floor area to lot area ratio (FAR) 1.00
Minimum landscaped area (percentage of lot area) 15%
Maximum height (feet) 60 45
Maximum (number) of habitable floors 3
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§165-705.01. Intent.
§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 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.
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 B1 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
Frederick County, VA
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§ 165-705.04. Use, density, dimensional and intensity regulations.
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).
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:
Requirement
TNDB
(Traditional Neighborhood
Design-Business)
Overlay District
Minimum front yard setback on primary or
arterial highways (feet)
30
Maximum front yard setback on primary or
arterial highways (feet)
50
Minimum front yard setback on Collector or
minor streets (feet)
10
Maximum front yard setback on collector or
minor streets (feet)
20
Side yard setbacks (feet) --
Rear yard setbacks (feet) --
Floor area to lot area ratio (FAR) 1.00
Minimum landscaped area (percentage of lot
area)
15%
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.
Frederick County, VA
§ 165-705.03 § 165-705.05
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§ 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.
§ 165-705.06. Design standards.
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.
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
Frederick County, VA
§ 165-705.05 § 165-705.06
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§ 165-705.07. Master Development Plan (MDP).
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.
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
Frederick County, VA
§ 165-705.06 § 165-705.07
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§ 165-705.08. Signage.
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.
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.
Frederick County, VA
§ 165-705.07 § 165-705.08
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: September 25, 2025
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: R4 District
Attachments:
DRRC09-25-25OA_R4District.pdf
10
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – R4 District
DATE: September 19, 2025
Proposal:
This is a proposal to amend Chapter 165 - Zoning Ordinance to amend design requirements contained in
§165-501.06 for the R4 (Residential Planned Community) Zoning District. Specifically, staff proposes
removal of the minimum size required and to remove maximum residential density requirement.
This ordinance amendment was initiated by staff.
Current Standard:
The R4 district is intended to be a higher density mixed-use/mixed-housing type district.
As stated in the ordinance:
The intention of the Residential Planned Community District is to provide for a mixture of housing types
and uses within a carefully planned setting. All land to be contained within the Residential Planned
Community District shall be included within an approved master development plan. The layout, phasing,
density and intensity of development is determined through the final approval of the master development
plan by the County. Special care is taken in the approval of the master development plan to ensure that the
uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and
to avoid adverse impacts on surrounding properties and facilities. The district is intended to create new
neighborhoods with an appropriate balance between residential, employment and service uses. Innovative
design is encouraged. Special care is taken in the approval of R4 developments to ensure that necessary
facilities, roads and improvements are available or provided to support the R4 development. Planned
community developments shall only be approved in conformance with the policies in the Comprehensive
Plan.
The R4 district standards section was last comprehensively updated in 2013.
Summary & Requested Action:
The Board of Supervisors authorized staff to proceed with committee review and to advertise for public
hearings at their September 10, 2025 regular meeting. Staff are seeking comments from the DRRC to
forward to the Planning Commission and Board of Supervisors for consideration.
Attachment: 1. Proposed Changes 09.19.25
2. R4 District (current)
11
Proposed Changes – R4 District
Revised September 19, 2025
Chapter 165 – Zoning Ordinance
Article V
Planned Development Districts
Part 501
R4 Residential Planned Community District
§165-501.06 Design requirements.
A. Minimum size. No planned community master development plan nor rezoning to the Residential
Planned Community District shall be approved for less than 100 contiguous acres.
C. Residential density. The maximum allowed gross density for residences in the planned
community development shall be four units per acre.
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PART 501
R4 Residential Planned Community District
§165-501.01. Intent. [Amended 3-13-2013]
The intention of the Residential Planned Community District is to provide for a mixture of
housing types and uses within a carefully planned setting. All land to be contained within
the Residential Planned Community District shall be included within an approved master
development plan. The layout, phasing, density and intensity of development is determined
through the final approval of the master development plan by the County. Special care is taken
in the approval of the master development plan to ensure that the uses on the land are arranged
to provide for compatibility of uses, to provide environmental protection and to avoid adverse
impacts on surrounding properties and facilities. The district is intended to create new
neighborhoods with an appropriate balance between residential, employment and service uses.
Innovative design is encouraged. Special care is taken in the approval of R4 developments to
ensure that necessary facilities, roads and improvements are available or provided to support the
R4 development. Planned community developments shall only be approved in conformance with
the policies in the Comprehensive Plan.
§165-501.02. Rezoning procedure. [Amended 11-12-2003]
In order to have land rezoned to the R4 District, a master development plan, meeting all
requirements of Article VIII of this chapter, shall be submitted with the rezoning application.
The rezoning shall be reviewed and approved following the rezoning procedures described by
this chapter, including procedures for impact analysis and conditional zoning. In adopting the
rezoning, the master development plan submitted will be accepted as a condition proffered for the
rezoning. The master development plan review procedures described by Article VIII must also be
completed concurrently with or following the consideration of the rezoning.
§165-501.03. Permitted uses. [Amended 5-13-2015; 3-8-2023]
All uses are allowed in the R4 Residential Planned Community District that are allowed in the
following zoning districts:
RP Residential Performance District
B1 Neighborhood Business District
A.Impact analysis. Impact analysis, as required by this chapter, shall be used to evaluate all
potential impacts, including impacts on surrounding lands, the environment and on public
facilities and services.
B.Land dedication. Land shall be dedicated in planned community developments for roads and
facilities necessary to serve the development as described by the Comprehensive Plan, the
Capital Improvements Program and adopted road improvement programs.
C.Addition of land. The Board of Supervisors may approve the addition of land to an approved
planned community through the procedures set forth in this chapter for the original approval
of a planned community development.
Frederick County, VA
§ 165-501.01 § 165-501.03
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B2 Business General District
B3 Industrial Transition District
TM Technology-Manufacturing District
M1 Light Industrial District
§ 165-501.04. Conditional uses. [Amended 5-25-2022; 3-8-2023]
Uses permitted through a conditional use permit in the R4 Residential Planned Community
District shall include those uses allowed as conditional uses in the following zoning districts with
an approved conditional use permit, provided that a conditional use permit is approved for the use:
RP Residential Performance District
B1 Neighborhood Business District
B2 General Business District
B3 Industrial Transition District
TM Technology-Manufacturing District
M1 Light Industrial District
When a rezoning includes proffers that specifically identify allowance for designated conditional
uses on the property that is subject to the rezoning, subsequent approval of a conditional use
permit for any such designated conditional use(s) shall not be required as long as the use(s) takes
place consistent with the terms of the proffers and any master development plan required for the
property.
§ 165-501.05. Mixture of housing types required.
Each planned community shall be expected to contain a mixture of housing types that is typical
for existing and planned residential neighborhoods in Frederick County. No more than 40% of
the area of portions of the planned community designated for residential uses shall be used for
any of the following housing types: duplexes, multiplexes, atrium houses, weak-link townhouses,
townhouses or garden apartments or any combination of those housing types.
§ 165-501.06. Design requirements.
A. Minimum size. No planned community master development plan nor rezoning to the
Residential Planned Community District shall be approved for less than 100 contiguous
acres.
B. Dimensional requirements.
(1) Areas shall be specifically designated for each different use on the master development
plan. Within those areas, the uses shall meet the applicable dimensional requirements
set forth for those uses in the RP, B1, B2 and M1 Zoning Districts.
(2) Alternative dimensional requirement plan. An alternative dimensional plan may be
Frederick County, VA
§ 165-501.03 § 165-501.06
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included with the master development plan for the development. This plan shall
describe a system of dimensional requirements for all planned uses in the development.
When these dimensional requirements are approved, they shall constitute enforceable
amendments to this chapter, applying to the land included in the development, and
shall replace other dimensional requirements contained in this chapter. Such alternative
dimensional requirements shall be based on general concepts described by the plan
submitted. The Planning Commission and Board of Supervisors shall only approve
an alternative plan if the plan meets all of the intentions of this chapter, conforms
to policies set forth in the Comprehensive Plan and follows generally accepted good
planning practices. [Added 6-9-1993]
C. Residential density. The maximum allowed gross density for residences in the planned
community development shall be four units per acre.
D. Commercial and industrial areas. The areas used for commercial or industrial uses shall not
exceed 50% of the gross area of the total planned community. Sufficient commercial and
industrial areas shall be provided to meet the needs of the planned community, to provide an
appropriate balance of uses and to lessen the overall impact of the planned community on
Frederick County. A minimum of 10% of the gross area of the project shall be used for
business and industrial uses.
E. Open space. A minimum of 30% of the gross area of any proposed development shall be
designated as common open space. This open space shall be for purposes of environmental
protection and for the common use of residents of the development. No more than 50% of
the required open space shall be within the following environmental areas: lakes and ponds,
wetlands or steep slopes. The Board of Supervisors may allow a larger amount of steep slopes
to be utilized where the developer can demonstrate a viable plan for the use of these areas.
Open space land shall be dedicated to the property owners' association or to Frederick
County. Land shall only be dedicated to Frederick County with the approval of the Board of
Supervisors. [Amended 9-26-2012]
F. Recreational facilities. One recreational unit or equivalent recreational facilities shall be
provided for each 30 dwelling units. The facilities shall be in a configuration and location
that is easily accessible to the dwelling units that they are designed to serve. The design and
amount of facilities shall be approved by the Director of Planning in conjunction with the
Department of Parks and Recreation. A recreational unit is designed to meet the recreational
needs of 30 dwelling units. The units may be broken into smaller units or added together to
meet the needs of the planned community. [Amended 9-26-2012]
G. Buffers and screening.
(1) Buffers and screening shall be provided between various uses and housing types as if
the uses were located in the RP, B1, B2 or M1 Zoning District according to the uses
allowed in those districts. Buffers and screening shall be provided accordingly as
specified in § 165-203.02 of this chapter. Road efficiency buffers shall be provided
according to the requirements of that section. In addition, along the perimeter boundary
of the Residential Planned Community District, buffers and screens shall be provided in
relation to adjoining properties as if the uses in the planned community were located in
the RP, B1, B2 and M1 Zoning Districts.
Frederick County, VA
§ 165-501.06 § 165-501.06
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(2) Alternative buffer and screening plan. An alternative plan for buffers and screening and
the separation of uses may be included with the master development plan for the
development. This plan shall describe a specific system of buffers, screening and use
separation for all planned uses in the development. When these dimensional
requirements are approved, they shall constitute enforceable amendments to this chapter
applying to the land included in the development and shall replace other buffer and
screening requirements contained in this chapter. Such alternative requirements shall be
based on general concepts described by the plan submitted. The Planning Commission
and Board of Supervisors shall only approve an alternative plan if the plan meets all of
the intentions of this chapter, conforms to policies set forth in the Comprehensive Plan
and follows generally accepted good planning practices. Buffer and screening
requirements for the perimeter boundary of the planned community shall not be
included in the alternative buffer and screening plans. [Added 6-9-1993]
H. Sewer and water facilities. All planned community developments shall be served by public
sewer and water facilities owned by or dedicated to a public authority.
I. Road access. All planned community developments shall have direct access to an arterial or
collector road or to roads improved to arterial or collector standards. The planned community
development shall be provided with a complete system of public streets dedicated to the
Virginia Department of Transportation. All roads in the development shall be provided with
curbing and gutters. The Zoning Administrator may approve certain exceptions to the
requirement for curbs and gutters, if determined to be acceptable by the Director of Public
Works, in order to implement a particular stormwater management plan. The road system
shall conform with the Frederick County Comprehensive Plan and with road improvement
plans adopted by the County. [Amended 9-26-2012]
J. Pedestrian access. A system of pedestrian access, in the form of paved sidewalks or paved
interior walkways, shall be provided to allow walking between every use, structure or
recreational facility. Such walkways shall be connected with existing walkways adjacent to
the planned community development.
K. Stormwater management. The requirements of § 165-201.09 of this chapter shall apply to the
total planned community development.
L. Landscaping. Landscaping shall be in conformance with an overall landscaping plan or
unifying concept for the development.
M. Phasing. A schedule of phases shall be submitted with each proposed planned community.
The schedule shall specify the year in which each phase will be completely developed. No
subdivision or site plans shall be approved in the planned community unless they are in
accordance with the approved schedule.
(1) If a Residential Planned Community District is proposed to be developed in phases, over
a period of time, common open space shall be provided with each phase in proportion
to the fraction of the total area of the development in each phase. Recreational facilities
shall be provided with each phase in proportion to the fraction of the total dwelling units
in each phase.
Frederick County, VA
§ 165-501.06 § 165-501.06
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(2) Essential street entrances to the planned residential community shall be provided with
the initial phases of the development.
(3) A reasonable balance shall be maintained between residential and nonresidential uses.
The phasing plan for the development shall include a reasonable portion of the
nonresidential uses in all phases of the development. [Amended 6-9-1993]
N. Property owners' association. All phases of a planned community development shall be
included under a single property owners' association according to the requirements of this
chapter.
O. Modifications; applicability of other regulations. [Amended 8-13-2003]
(1) An applicant may request as part of an application for rezoning to the R4 District that a
modification to specific requirements of the Subdivision Ordinance,1 this chapter or
other requirements of the Frederick County Code applicable to physical development be
granted. The applicant shall demonstrate that the requested modification is necessary or
justified in the particular case by a demonstration that the public purpose of these
ordinances, as applied to the particular case, would be met to at least an equivalent
degree by such modification. The Board of Supervisors may approve or disapprove such
request, in whole or in part, following review by the Planning Commission.
(2) The applicant shall provide sufficient information to enable evaluation of the request by
the Board of Supervisors. Materials submitted should include or be supplemented by:
(a) Specification of the Code section(s) to be modified and the proposed alternative
standard;
(b) Exhibits demonstrating application of the modified standard such as a detailed plan
and/or elevation drawing; and
(c) Identification of the relationship of the modification to the overall community
concept.
(3) The planned community development shall conform with all regulations of this chapter
and the Frederick County Code unless specifically exempted by this Part 501 or
modified by the Board of Supervisors through the rezoning process.
1. Editor's Note: See Ch. 144, Subdivision of Land.
Frederick County, VA
§ 165-501.06 § 165-501.06
Downloaded from https://ecode360.com/FR1364 on 2025-08-25
17
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: September 25, 2025
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Outdoor Lighting Standards
Attachments:
DRRC09-25-25OA_OutdoorLightingStandards.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Outdoor Lighting Standards
DATE: September 16, 2025
Proposal:
This is a proposal to amend Chapter 165 - Zoning Ordinance to amend supplementary use regulations for
outdoor lighting contained in §165-201.07. The purpose of this amendment is to “modernize” outdoor
lighting standards through comparison with other localities and best practices, clarify and ensures consistent
use of terminology, review illumination levels and mounting heights for fixtures, photometric plan
requirements, and incorporated LED lighting standards into the ordinance.
This ordinance amendment was initiated by staff at the request of the Board of Supervisors.
Current Standard:
As stated in the ordinance, “the purpose and intent of this section is to establish outdoor lighting standards
that reduce the impacts of glare, light trespass and overlighting; promote safety and security; and encourage
energy conservation.” The outdoor lighting standards section was last comprehensively updated in 2009.
Summary & Requested Action:
The Board of Supervisors authorized staff to proceed with committee review and to advertise for public
hearings at their September 10, 2025 regular meeting. Staff are seeking comments from the DRRC to
forward to the Planning Commission and Board of Supervisors for consideration.
Attachment: 1. Proposed Changes 09.16.25
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Proposed Changes – Outdoor Lighting Standards
Revised September 19, 2025
Chapter 165 – Zoning Ordinance
Article II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 201
Supplementary Use Regulations
§165-201.07 Outdoor lighting standards.
The purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts of
glare, light trespass and overlighting over lighting; promote appearance, safety, productivity, enjoyment,
commerce and security; and encourage energy conservation to the greatest extent possible.
A. Applicability and general provisions. Except as provided in Subsection F of this section, these
standards shall apply to the installation of new outdoor lighting fixtures or the replacement of
existing fixtures. Replacement of a fixture shall mean a change of fixture type or change to the
mounting height or location of the fixture. Routine lighting fixture maintenance, such as changing
lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar components,
shall not constitute replacement and shall be permitted, provided such changes do not result in a
higher footcandle output.
B. General outdoor lighting standards.
1) All outdoor lighting fixtures shall be designed to meet the following criteria:
a) Shielded, aimed, downcast (i.e. full-cutoff), located and maintained to shield
adjacent properties and to not produce glare onto adjacent properties or road
rights-of-way. Shielding means that the outdoor lighting fixture is
constructed so that all of the light emitted by the fixture is projected below
the horizontal plane of the lowest point of the fixture. Any structural part of
the luminaire providing this shielding shall be permanently affixed so that no
light is able to be emitted above the horizontal plane. Parking lot fixtures and
light fixtures on buildings shall be full-cutoff fixtures.
b) Use of a warm toned or filtered Correlated Color Temperature (CCT) not to
exceed 3000 Kelvin (K).
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Proposed Changes – Outdoor Lighting Standards
Revised September 19, 2025
c) Meet the DarkSky International Approved Luminaries certification,
Illuminating Engineering Society of North American (IESNA), or accepted
equivalent certification for lighting products.
d) Within residential developments, the Zoning Administrator may approve
alternate parking lot fixtures so long as the intent of this section is met.
2) Flashing, revolving, or intermittent exterior lighting visible from any property line or
street shall be prohibited. Directional fixtures for advertisement purposes, such as but not
limited to high-intensity beams, lasers or strobe lights, shall be prohibited. When
permitted, directional fixtures shall be installed or aimed so that they do not shine
skyward and to ensure that the light source is not visible from adjacent properties or road
rights-of-way.
3) Free-standing pole-mounted light Light fixtures, including mounting base, shall not be
more than 20 feet in parking areas within or adjacent to agricultural or residential
uses, and shall not be more than 25 feet in height above finished grade for all other uses.
On land in the B3 (Industrial Transition), M1 (Light Industrial), M2 (Industrial
General), EM (Extractive Manufacturing) and TM (Technology-Manufacturing) Zoning
Districts that is contained within an approved master development plan, the Zoning
Administrator may allow free-standing pole-mounted light fixtures to exceed 25 feet in
height if additional security is required, provided that the site is not adjacent to property
used for residential or agricultural uses. In no case shall light fixtures in the B3, M1, M2,
EM and TM Districts exceed 45 35 feet in height.
4) Light fixtures shall be placed outside of the paved areas of a site and be setback a
minimum of 10 feet from adjoining property lines and roadways. Light fixtures shall be
placed within landscaped islands or in the perimeter green space of the site. The Zoning
Administrator may allow light fixtures to be placed in alternative locations for uses such
as motor vehicle display areas or storage areas so long as the intent of this section is met.
Bollards shall be provided for any fixture sited outside of a landscaped island or
perimeter green space.
5) Building-mounted or wall-pack lighting fixtures shall not be mounted more than 25 feet
15-feet above the finished grade of the building. These fixtures shall meet the “General
Outdoor Lighting Standards” contained in section B(1) above. be shielded (full-cutoff)
so that the light source is not visible from adjacent properties or road rights-of-way. Non-
cutoff wall-pack lighting fixtures shall not be permitted.
6) All lighting shall be oriented not to direct glare or excessive illumination onto streets in a
manner that may distract or interfere with the vision of drivers on such streets.
7) Lighting used to illuminate flags, statues, signs or any other objects mounted on a pole,
pedestal or platform, spotlighting or floodlighting used for architectural or landscape
purposes shall consist of full-cutoff or directionally shielded lighting fixtures that are
aimed and controlled so that the directed light shall be substantially confined to the object
intended to be illuminated. Directional control shields shall be used where necessary to
limit stray light and to ensure that no light source is visible from or causes glare on
adjacent properties or road rights-of-way.
C. Photometric plan requirements.
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Proposed Changes – Outdoor Lighting Standards
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1) A photometric lighting plan shall be submitted and approved in conjunction with any site
plan required by Article VIII or subdivision design plan as required by Chapter 144 of the
Frederick County Code. A photometric plan submitted with site plans shall be current
(less than 60 days old) and must be certified prepared by a qualified member of the
National Council on Qualifications for the Lighting Professions (NCQLP), the American
Lighting Association (ALA) or accepted equivalent professional certification. a Virginia
licensed professional engineer, architect, landscape architect or land surveyor.
2) All such required plans shall include the following:
a) Plans indicating the location on the premises of all free-standing and building-
mounted lighting fixtures, both proposed and already existing on the site,
including a schematic layout of proposed outdoor lighting fixture locations that
demonstrate adequate intensities and uniformity, and the light coverage
resulting from the proposed lighting layout.
b) Description of all free-standing and building-mounted lighting fixtures, both
proposed and existing, which shall include but are not limited to catalog cuts
and illustrations by manufacturers that describe the equipment, including lamp
types, wattage and initial lumen outputs, correlated color temperature (CCT),
glare-control devices, lamps, proposed placement of all fixtures, including
engineering detail of fixtures, manufacturer, model and installation of same.
c) Photometric data, such as that furnished by manufacturers or similar, showing
the angle cut-off light emissions and glare-control devices.
d) Mounting height of all free-standing and building-mounted fixtures.
e) Aiming angles and diagrams for recreational facilities lighting fixtures,
including maximum angles for adjustable light sources.
D. Outdoor lighting standards for nonresidential uses.
1) The average maintained horizontal lighting levels for nonresidential uses shall not
exceed the following standards, unless a lower limit is set forth in this subsection:
a) Five 5.0 footcandles for parking lots and loading areas.
b) Ten 5.0 footcandles along fronts of buildings and along main drive aisles.
c) Twenty 20.0 footcandles for high-security areas, such as, but not limited to,
automated teller machines (ATMs), motor vehicle display areas and vehicle
fuel station canopies, but not including parking lots.
d) 2.0 footcandles for outdoor storage areas.
2) Light fixtures under fuel station canopies or any other canopy shall consist of full-cutoff
lighting fixtures where the light source is either fully shielded completely flush or
recessed within the underside of the canopy and utilize only flat lenses or windows. The
portions of the canopy not included in the sign area shall not be illuminated. All canopy
lighting shall be recessed sufficiently so as to ensure that no light source is visible from
or causes glare on adjacent properties or road rights-of-way.
3) Lighting levels shall not exceed 0.2 footcandle at any common property line with
property zoned, used as or planned for residential or agricultural uses. In addition, all
light poles shall be equipped with supplemental opaque shielding on the residential
property side of the lighting fixture to reduce glare caused by direct light source
exposure.
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Proposed Changes – Outdoor Lighting Standards
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4) Lighting levels shall not exceed 1.0 5.0 footcandles at any common property line with
property zoned or used for commercial or industrial uses, and at any edge of a property
line adjacent to a road right-of-way.
5) All outdoor lighting, excluding lighting for high security areas, shall be turned off
when no one is present to use the light
E. Outdoor lighting standards for multifamily uses and residential parking lots.
1) The average maintained lighting levels for multifamily developments shall not exceed 0.5
footcandle at property line boundaries, except as follows:
a) At any property line boundary with property zoned, used, or planned for
residential or agricultural purposes: 0.2 footcandle; and
b) At any edge of a property line adjacent to a road right-of-way: five footcandles.
1. 1.5 footcandles along arterial roadways.
2. 1.0 footcandles along collector roadways.
3. 0.5 footcandles along local streets.
2) The average maintained lighting levels at buildings, parking lots, and other areas besides
at property line boundaries shall be: set forth in Subsection E(1) shall not exceed 10
footcandles.
a) 5.0 footcandles at building entrances.
b) 3.0 footcandles in off-street residential parking lots.
c) 2.0 footcandles in common open spaces areas.
F. Lighting standards for recreational facilities in all zoning districts shall conform to the following
requirements:.
1) Lighted recreational facilities shall conform to the requirements set forth in the most
current editions of the Illuminating Engineering Society of North America (IESNA) RP-6
Recommended Practice for Sports and Recreational Area Lighting and the IESNA
Lighting Handbook. Appropriate lighting criteria shall be selected based on the class of
play of the facility and participants as defined by the IESNA.
2) Lighted recreational facilities in all zoning districts shall be turned off within 30
minutes after the last event or 11:00PM, whichever is earlier. No outdoor recreational
facility, public or private, shall be illuminated after 11:00 p.m. except to conclude a
specific activity or tournament which is in progress under such illumination prior to 11:00
p.m.
3) Lighting fixtures shall be installed to meet the criteria of a cutoff fixture and shall include
internal and/or external glare-control louvers to minimize light trespass on adjoining
properties and roadways. Lighting designs must ensure that horizontal illuminance at a
distance of 150 feet from the edge of the field does not exceed 0.5 footcandles when
measured horizontally at ground level. Furthermore, all lighting systems shall comply
with recommended International Commission of Illumination (CIE) “Guide on the
Limitation of the Effects of Obtrusive Light from Outdoor Lighting Fixtures” Table
2.3 (Maximum Values for Intensity of Luminaires in Designated Directions) to control
off-site luminous intensity. Specifically:
a) The luminous intensity from any luminaire at a height of 5 feet above
ground level at a distance of 150 feet from the field perimeter shall not
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Proposed Changes – Outdoor Lighting Standards
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exceed the maximum values specified in CIE Table 2.3 to protect
surrounding areas from excessive glare and light trespass.
b) Lighting installations shall demonstrate compliance through a photometric
report or equivalent modeling that references the maximum values
referenced in F(3) above, ensuring that the design meets all applicable limits
for glare and luminous intensity in all designated directions.
4) Initial lighting levels shall not exceed the target levels specified by the IESNA by more
than 30% to account for light loss factors such as lamp lumen depreciation and luminaire
dirt depreciation.
5) All light fixtures/light poles shall not exceed the maximum height recommended by
INESA for the specific recreation facility. be set back a minimum of one foot for every
foot in height from any residential or agricultural property line or road right-of-way.
G. Exemptions from Lighting Ordinance. The following lighting is exempt from the provisions of
this section:
1) Lighting fixtures and standards required by the Federal Communications Commission,
Federal Aviation Administration, Federal and State Occupational Safety and Health
Administrations, or other federal or state agencies, to include street lights streetlights
within a public or private right-of-way.
2) Outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia
Department of Transportation or other emergency response agencies to perform
emergency or construction repair work, or to perform nighttime road construction on
major thoroughfares.
3) Lighting located on properties developed with residential uses (unless regulated by
Subsection E) or agricultural uses, including but not limited to residential security
lighting controlled and activated by motion sensors or timing devices.
4) Lighting for holiday decorative purposes located on property used for residential
purposes.
5) Lighting for civic activities, fairs or carnivals, provided that the lighting is temporary.
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