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Home My WebLink About049-25 (ProposedOrdAmendmentChapter165Zoning(RearLoadTownhouses)) 40i RESOLUTION Action: BOARD OF SUPERVISORS: November 12, 2025 Adopted DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 118,NOISE AND CHAPTER 165,ZONING ORDINANCE ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 402 RP RESIDENTIAL PERFORMANCE DISTRICT §165-402.09—DIMENSIONAL REQUIREMENTS WHEREAS, a proposal to amend Chapter 165 —Zoning Ordinance to add rear load townhouses to the allowed housing types contained in §165-402.09(H)for the RP(Residential Performance)Zoning District; 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 November 12, 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 165-402.09 dimensional requirements contained in the RP Zoning District. Passed this November 12,2025,by the following recorded vote: John Jewell,Chairman Aye Jason Aikens Aye Back Creek Seat Vacant Robert W.WeIls Aye Blaine P.Dunn Aye Robert Liero Aye Judith McCann-Slaughter Aye A COPY ATTEST Michael L. Bollh er Frederick Count Administrator No. 049-25 c r COUNTY of FREDERICK w w ® Department of Planning and Development 540/ 665-5651 158 Fax: 540/665-6395 MEMORANDUM TO: Board of Supervisors FROM: Planning and Development Staff SUBJECT: Ordinance Amendment—RP District Dimensional Requirements DATE: November 6,2025 Proposal: This is a proposal to amend Chapter 165 - Zoning Ordinance to amend dimensional requirements for housing types contained in the RP (Residential Performance) Zoning District to allow for a new housing type,"rear load townhouses." This ordinance amendment was initiated by staff at the request of a private firm. Supporting documentation for the request,including proposed dimensional requirements,is attached. Current Standard: §165-402.09 provides dimensional requirements for various suburban housing types,including townhomes (single-family attached or SFA, §165-402.09(H)). As defined in the ordinance, "Townhouse units may be attached by a garage or a connecting permanent architecturally unified structure such as a breezeway, carport, or wall, where structures continue the design, pattern and/or materials of the facade from one dwelling unit to another." This section of the Zoning Ordinance was last updated in 2013. Summary& Requested Action: This item is presented for information and discussion. Staff is seeking direction from the Board of Supervisors on the appropriateness of this request.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 Attachments: 1. §165-402.09—RP Dimensional Requirements (current ordinance) 2. Text Amendment Cover Letter 3. §165-402.09(H)—Proposed Changes 4. Schematic,Aerial Imagery, and Sample Product Images 5. Resolution Frederick County,VA § 165-402.09. Dimensional requirements. The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Zoning Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water. A. Single-family detached rural traditional. This dwelling type consists of a fully detached, large-lot single-family residence on an individual lot with private yards on all four sides, without public sewer and water. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area 100,000 square feet A2 Minimum lot depth to width ratio 1:3 B. Building Setbacks B 1 From road right-of-way 60 feet B2 Side 15 feet B3 Rear 50 feet C. Setbacks for unroofed decks, stoops, landings and similar features Cl Front from road right-of-way 50 feet C2 Side 10 feet 0 Rear 35 feet D. Minimum Parking Dl Required off-street parking 2 per unit E. Height El Principal building (max) 35 feet E2 Accessory building (max) 20 feet B. Single-family detached traditional. This dwelling type consists of a fully detached, large- lot single-family residence with private yards on all four sides without required common open space. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area 15,000 square feet A2 Minimum lot width at setback 80 feet B. Building Setbacks Bl From road right-of-way 35 feet B2 Side 10 feet Downloaded from https://ecode360.com/FR1364 on 2025-11-06 Frederick County,VA § 165-402.09 § 165-402.09 B3 Rear 25 feet C. Setbacks for unroofed decks, stoops, landings and similar features C 1 Front from road right-of-way 25 feet C2 Side 5 feet 0 Rear 15 feet D. Minimum Parking D1 Required off-street parking 2 per unit E. Height E1 Principal building (max) 35 feet E2 Accessory building (max) 20 feet C. Single-family detached urban. This dwelling type consists of a fully detached, single- family residence on an individual lot with private yards on all four sides. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area 12,000 square feet A2 Minimum lot width at setback 70 feet A3 Minimum lot width at road right-of-way 40 feet B. Building Setbacks B1 From road right-of-way 35 feet B2 Side 10 feet B3 Rear 25 feet C. Setbacks for unroofed decks, stoops, landings and similar features C 1 Front from road right-of-way 25 feet C2 Side 5 feet 0 Rear 15 feet D. Minimum Parking D1 Required off-street parking 2 per unit E. Height El Principal building (max) 35 feet E2 Accessory building (max) 20 feet D. Single-family detached cluster. This dwelling type consists of a fully detached, single- family residence on an individual lot, with private yards on all four sides. Dimensional Downloaded from https://ecode360.com/FR1364 on 2025-11-06 Frederick County,VA § 165-402.09 § 165-402.09 requirements shall be as follows: A. Lot Dimensions Al Minimum lot area 8,000 square feet A2 Minimum lot width at setback 60 feet A3 Minimum lot width at road right-of-way 30 feet B. Building Setbacks B 1 From road right-of-way 25 feet B2 Side 8 feet B3 Rear 20 feet C. Setbacks for unroofed decks, stoops, landings and similar features Cl Front from road right-of-way 15 feet C2 Side 5 feet C3 Rear 10 feet D. Minimum Parking D1 Required off-street parking 2 per unit E. Height E1 Principal building (max) 35 feet E2 Accessory building (max) 20 feet E. Single-family detached zero lot line.This dwelling type consists of a fully detached, single- family residence on an individual lot. The building is set on one of the side property lines, with a maintenance easement on the adjoining lot. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area 6,000 square feet B. Building Setbacks B 1 From road right-of-way 25 feet B2 Minimum on-site building spacing (side) 25 feet B3 Rear 25 feet C. Setbacks for unroofed decks, stoops, landings and similar features C1 Front from road right-of-way 15 feet C2 Side 20 feet C3 Rear 15 feet Downloaded from https://ecode360.com/FR1364 on 2025-11-06 Frederick County,VA § 165-402.09 § 165-402.09 D. Minimum Parking D 1 Required off-street parking 2 per unit E. Height El Principal building (max) 35 feet E2 Accessory building (max) 20 feet F. Supplemental Regulations Fl A maintenance easement of 10 feet in width must be obtained on the lot adjacent to the zero lot line side. F2 The opposite side yard must be maintained clear of any obstructions other than a three- foot eaves encroachment, swimming pools, normal landscaping, removable patio covers extending no more than five feet or garden walls or fences. In no case shall any encroachment other than a fence be placed within the required maintenance easement. F3 The zero lot line side must not be adjacent to a road right-of-way. F. Single-family small lot. This dwelling type consists of a single-family detached or attached residence on an individual lot. No more than two units may be attached together. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area 3,750 square feet B. Building Setbacks Bl From public or private 25 feet road right-of-way B2 The front setback may be reduced to 15 feet, provided that the residential unit utilizes a rear alley for access and there are no driveways on the private or public road fronting the residential unit. B3 Side Detached option: 5 feet Attached option: 10 feet B4 Rear 15 feet B5 Minimum building Attached option: 20 feet spacing C. Setbacks for unroofed decks, stoops, landings and similar features Cl Front from private/public 15 feet Rear alley option: 10 feet road C2 Side (end unit) 5 feet C3 Rear 10 feet C4 Rear (from open space) 5 feet D. Minimum Parking Downloaded from https://ecode360.com/FR1364 on 2025-11-06 Frederick County,VA § 165-402.09 § 165-402.09 D 1 Required off-street 2 per unit parking E. Height El Principal building (max) 35 feet E2 Accessory building (max) 20 feet F. Supplemental regulations F1. A minimum of 20 landscape plantings shall be provided on each individual lot. At least 1/4 of the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a minimum of two inches in caliper at time of planting, and the shrubs shall be a minimum of three. F2. Detached accessory structures may not exceed 150 square feet. G. Multiplex. A "multiplex" is an attached residence containing three to four dwelling units. Units may or may not have independent outside access. Units within multiplex structures may be arranged side to side, back to back or vertically. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area per unit 3,000 square feet A2 Maximum site impervious surface ratio 0.50 B. Building Setbacks B1 From road right-of-way 35 feet B2 From parking areas or driveways 20 feet B3 Side 15 feet from perimeter boundary B4 Rear 25 feet from perimeter boundary C. Setbacks for unroofed decks, stoops, landings and similar features C 1 Front from road right-of-way 25 feet C2 Front from parking areas or driveways 15 feet 0 Side 10 feet C4 Rear 15 feet D. Minimum Parking D1 Required off-street parking 2 per unit E. Height El Principal building (max) 35 feet E2 Accessory building (max) 20 feet Downloaded from https://ecode360.com/FR1364 on 2025-11-06 Frederick County,VA § 165-402.09 § 165-402.09 H. Townhouse: back-to-back townhouse. This dwelling type consists of a single-family attached dwelling unit from ground to roof, with individual outside access. Rows of townhouses shall contain no more than eight dwelling units in a group. Back-to-back townhouses shall contain no more than 16 dwelling units in a group. Dimensional requirements shall be as follows: [Amended 5-25-20221 A. Lot Dimensions Al Minimum lot area 1,500 square feet A2 Minimum lot width End unit: 22 feet Interior unit: 18 feet B. Building Setbacks B1 From public or private road right-of-way With garage: 25 feet Without garage: 15 feet B2 From off-street parking lot 15 feet B3 Side 10 feet B4 Rear 20 feet Back-to-back option: N/A C. Setbacks for unroofed decks, stoops, landings and similar features Cl Front from off-street parking lot 10 feet C2 Front from private/public road 15 feet C3 Side (end unit) 5 feet C4 Rear 5 feet D. Minimum Parking D 1 Required off-street parking 2.5 per unit E. Height El Principal building (max) 40 feet E2 Accessory building (max) 20 feet I. Garden apartments. This housing type consists of buildings that contain multiple dwelling units that share a common yard area. The entire dwelling unit does not necessarily have to be on the same floor. Garden apartments shall be at least two stories high but no more than four stories and shall contain six or more units in a single structure, not to exceed 16 units within a single structure. Dimensional requirements shall be as follows: A. Lot Dimensions Al Maximum site impervious surface ratio 0.60 B. Building Setbacks Fl From public road right-of-way 35 feet Downloaded from https://ecode360.com/FR1364 on 2025-11-06 Frederick County,VA § 165-402.09 § 165-402.09 B2 From private road right-of-way, off- 20 feet street parking lot or driveway B3 Side (perimeter) 20 feet B4 Rear (perimeter) 25 feet B5 Rear for balconies and decks 20 feet B6 Minimum on-site building spacing: Buildings placed side to side shall have a minimum distance of 20 feet between buildings; buildings placed side to back shall have a minimum distance of 35 feet between buildings. Buildings back to back shall have a minimum distance of 50 feet between buildings. C. Minimum Parking C 1 Required off-street parking 2 per unit D. Height D1 Principal building (max): 55 feet D2 Accessory building (max) 20 feet J. Multifamily residential buildings.This housing type consists of multifamily buildings with a minimum of four dwelling unit entrances sharing an internal corridor per floor. The entire dwelling unit does not necessarily have to be on the same floor. External corridors are not permitted. Multifamily residential buildings shall only be located in areas designated in the Comprehensive Plan as neighborhood villages,urban centers or other areas planned for high- density residential. Dimensional requirements shall be as follows: A. Lot Dimensions Al Maximum site impervious surface ratio 0.60 B. Building Setbacks B1 From public road right-of-way 35 feet B2 From off-street parking lot or driveway 20 feet B3 Side (perimeter) 50 feet B4 Rear (perimeter) 50 feet B5 Rear for balconies and decks 20 feet B6 Minimum on-site building spacing: Buildings placed side to side shall have a minimum distance of 20 feet between buildings; buildings placed side to back shall have a minimum distance of 35 feet between buildings. Buildings back to back shall have a minimum distance of 50 feet between buildings. C. Minimum Parking Cl Required off-street parking 2 per unit D. Height Downloaded from https://ecode360.com/FR1364 on 2025-11-06 Frederick County,VA § 165-402.09 § 165-402.09 D1 Principal building (max): 60 feet,provided that a multifamily residential building may be erected to a maximum of 80 feet if it is set back from road right-of-ways and from lot lines in addition to each of the required minimum yard dimensions, a distance of not less than one foot for each one foot of height that it exceeds the sixty-foot limit. D2 Accessory building (max) 20 feet- K. Age-restricted multifamily housing, "Age-restricted multifamily housing" is multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Age-restricted multifamily housing shall only be permitted within proffered age- restricted developments. Elevator service shall be provided to each floor of age-restricted multifamily housing structures for use by residents and guests. Dimensional requirements shall be as follows: A. Lot Dimensions Al Minimum lot area 3 acres A2 Maximum site impervious surface ratio 0.60 A3 Maximum number of units per building 110 B. Building Setbacks B 1 From road right-of-way 60 feet B2 From off-street parking lot or driveway 5 feet B3 Side (perimeter): 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single-family residences. B4 Rear (perimeter): 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single-family residences. B5 Rear for balconies and decks May extend 10 feet into a perimeter setback B6 Minimum on-site building spacing: Buildings placed side to side shall have a minimum distance of 20 feet between buildings; buildings placed side to back shall have a minimum distance of 35 feet between buildings. Buildings back to back shall have a minimum distance of 50 feet between buildings. C. Minimum Parking C1 Required off-street parking 1.5 per unit D. Height D1 Principal building (max): The maximum structure height for any principal building shall be 40 feet. The Board of Supervisors may waive the forty-foot height limitation, provided that it will not negatively impact adjacent residential uses. In no case shall any principal building exceed 60 feet in height. Downloaded from https://ecode360.com/FR1364 on 2025-11-06 Frederick County,VA § 165-402.09 § 165-402.09 D2 Accessory building (max) 20 feet L. Height for other uses. The height for all other uses not otherwise specified shall not exceed 45 feet. M. Setbacks for accessory structures. Accessory structures shall be set back from all property lines a minimum of five feet, except for uses with a required enclosed yard. N. Setbacks for other uses.The following setbacks shall apply to uses not otherwise specified: (1) Front setback shall be 35 feet. (2) Side setbacks shall be 15 feet. (3) Rear setback shall be 50 feet. O. Setbacks from business and industrial uses. All proposed structures shall be set back 50 feet from the boundary of land zoned for business or industrial uses or land currently containing business or industrial uses. P. Pipestem lots. The use of pipestem lots is permitted for single-family detached traditional, single-family detached urban and single-family detached cluster lot types, if all of the following design requirements are met: (1) The total number of pipestem lots in a residential development may not exceed 5% of the total number of lots. (2) Pipestem lots shall have a minimum road frontage of 20 feet. (3) Pipestem lot driveways shall access only one lot. (4) Minimum yards shall be as follows: (a) Front, side and rear yards: 20 feet. (b) Accessory buildings: 20 feet. (c) Side yard of lots adjoining pipestem driveway yard: 15 feet. (5) Pipestem lot driveways shall not adjoin other pipestem driveways. (6) Unless specified differently above,pipestem lots shall comply with all other regulations of the Frederick County Zoning and Subdivision Ordinances. Downloaded from https://ecode360.com/FR1364 on 2025-11-06 ' - 117 East Piccadilly Street Winchester,VA 22601 T:540-667-2139 F:540-665-0493 www.pennoni.com August 25, 2025 Mr. Mark Cheran Zoning Administrator Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 RE: Section 165-402.09.1-11 Townhouse Text Amendment Alley Served - Rear Load Townhouses Mr. Cheran: Pennoni understands that Frederick County has been investigating potential updates to the Zoning Ordinance that would accommodate contemporary housing products. Please accept this letter as a formal request for inclusion of the rear alley served townhouse product type that other communities is Virginia allow to be constructed by utilizing existing zoning ordinances. Specifically, the residential land development community would like to propose an additional townhouse housing option allowable within the RP zoning district of the Frederick County Zoning Ordinance. Section 165-402.09.1-1 Townhouse: back-to-back townhouse, of the Frederick County Zoning Ordinance currently does not provide for a commonly constructed rear alley served townhouse unit. The following dimensional requirements & design standards are proposed for use with an alley served - rear load townhouse: 1. The front yard building setbacks from any public or private right-of-way may be reduced to 15 feet. 2. The side yard building setbacks adjacent any private right-of-way may be reduced to 10 feet. 3. The rear building setback will be 6 feet from the rear alley access easement. 4. The setbacks for unroofed decks, stoops, landings and similar features will be 10 feet in the front, 5 feet adjacent off-street parking lot, 5 feet on side and 2 feet in rear from private roadway easement. 5. The rear property line will be the centerline of the Alley. 6. A portion of the Alley will count as a portion of the minimum lot area. 7. The units will have parking and access to the garages from the rear, served by an alley. 8. A minimum 18-foot depth driveway outside of the alleyway shall be required in the rear to count as parking space in addition to garage spaces. See the attached "Alley Served — Rear Load Townhouse Schematic" for a graphical representation of the above requirements and a redline mark-up of how Section 165-402.09.1-1 may be modified to accommodate the proposed unit type. As always, we appreciate your time and consideration on this request. If you have any questions, please feel free to contact the Pennoni office at (540) 771-2087. Sincerely, PENNONI ASSOCIATES INC. David L. Frank, PLA Townhouse; back-to-back townhouse, rear alley townhouse. This dwelling type consists of a single-family attached dwelling unit from ground to roof, with individual outside access. Rows of townhouses shall contain no more than eight dwelling units in a group. Back-to-back townhouses shall contain no more than 16 dwelling units in a group. Dimensional requirements shall be as follows: [Amended 5-25-2022] A. Lot Dimensions Al Minimum lot area 1,500 square feet A2 Minimum lot width End unit: 22 Interior feet unit: 18 feet B. Building Setbacks B 1 From public or private road With garage: Without Rear alley option: The front setbacks right-of-way 25 feet garage: 15 may be reduced to 15 feet, provided feet the residential unit utilizes a rear alley access and there are no driveways on the private or public road fronting the residential unit. B2 From off-street parking lot 15 feet Side setback maybe reduced to 10 feet when adjacent to private roadway or parking lot B3 Side 10 feet 5 feet 5 feet B4 Rear 20 feet Back-to- Rear alley option: 6 feet from shared back rear alley access easement. option: N/A C. Setbacks for unroofed decks, stoops, landings and similar features C 1 Front from off-street 10 feet 5 feet 5 feet parking lot C2 Front from private/public 15 feet Without Rear alley option: 10' road garage: 10 feet C3 Side (end unit) 5 feet C4 Rear 5 feet Rear alley option: 2' from shared rear alley access easement D. Minimum Parking D 1 Required off-street parking 2.5 per unit E. 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