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Home My WebLink About059-26 (OrdAmendmentChapter165Zoning(DimensionalRequirements)) ORDINANCE Action: — PLANNING COMMISSION: January 7, 2026 Recommended Approval BOARD OF SUPERVISORS: Januar-% 28, 2026 Adopted TO AMEND CHAPTER 165 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 Development Review and Regulations Committee(DRRC)met and discussed the proposed amendment at their December 11,2025,regular meeting; and WHEREAS, the Planning Commission held a public hearing on the proposed ordinance amendment on January 7, 2026, and recommended approval of the ordinance amendment; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment on January 28,2026; 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, the amendment to Chapter 165 —Zoning Ordinance to: modify the design requirements for the RP (Residential Performance)zoning district for rear- loaded townhouses is adopted. Passed this 28th day of January 2026 by the following recorded vote: John F. Jewell, Chairman Aye Jason C.Aiken Aye Albert L. Orndorff Aye Robert W. Wells Aye Michael D. Guevremont Aye Robert T. Liero Aye Gary R. Oates Aye A COPY ATTEST Michael L.Bollhoefe Frederick County Administrator No. 059-26 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 C3 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 C1 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 C1 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 F1 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 B1 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 C1 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 E 1 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 F1 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 ZONING ORDINANCE TEXT AMENDMENT RP Zoning District Dimensional Requirements Staff Report for the Planning Commission Prepared: January 12,2025 Staff Contact: Eric Bittner, Planner II Executive Summary: Meeting Schedule Development Review and Regulations Action: None Committee: Planning Commission: January 7, 2026 Action: Recommend approval Board of Supervisors: January 28, 2026 Action: Pending Proposal This is a proposal to amend Chapter 165 -Zoning Ordinance to modify dimensional requirements for certain housing types in the RP (Residential Performance)Zoning District to allow for townhouses which are accessed through an alley in the back of the property, referred to herein as rear-loaded. Current Standard Townhouse; back-to-back townhouse B. Building Setbacks B 1 From public or private With garage: 25 feet Without garage: 15 ft road right-of-way 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 C 1 Front from off-street 10 feet parking lot C2 Front from private/public 15 feet road C3 side end unit 5 feet C4 Rear 5 feet Planning & Zoning Staff Analvsis: This ordinance amendment was requested by Pennoni Associates, Inc., in a letter to the Planning and Zoning Department dated August 25, 2025. This ordinance amendment would allow for the townhouses that are accessed through the rear via an alley.The primary changes are in a reduction to the required rear setbacks if the townhouses are rear loaded. Page 2 of 4 One concern noted by staff is that the 18-foot (FT) driveway referenced in Pennoni's letter is not reflected in the proposed changes. Similarly, this distance is not included in the 6-FT rear setback that is proposed. The 6-FT setback is not likely to be utilized as the building would probably need to be a further distance from the alley to accommodate the required off-street parking. Frederick Water has expressed concern over underground utilities being provided via the alley easement and with sharing the utility easement with other uses which may affect or be affected by utility maintenance. The rear setback concern is not extended to the setbacks for unroofed decks, as these features are able to be elevated to still allow for parking. Several of the proposed changes should be better specified to apply rear loaded townhouses,namely the reduction of the side yard to 5 feet. Staff do not believe this change is necessary to adequately accommodate this use. The allowance for a reduced side setback reduction in sub-section B2(see below,"Proposed Standard")and the setback reduction without a garage in sub-section C2 are not necessary to accommodate rear loaded townhouses. Additionally, it should be considered that the required off-street parking of 2.5 spaces may be supplied through parking bays within a development and would likely not need to be fully captured on the individual lots. For example, a developer could provide a 2-car garage or driveway, then provide off-street parking elsewhere in the development. If approved, this amendment would become an administrative requirement, allowing rear-loaded townhouses as a by-right use in the RP district, no approvals or waivers would be necessary from the Board of Supervisors. Other Jurisdictions: Staff reviewed regulations for townhouses in other Virginia localities which allow rear-loaded townhouses. In instances where localities had differing regulations depending on the zoning district,the comparison was pulled using districts of comparable density limitations and land uses to the RP district. Of note, multiple jurisdictions did not distinguish rear-loaded and front-loaded townhouses. Those that did typically had a slightly reduced front setback, but an unaltered rear setback requirement. These localities also typically allowed for detached garages in the rear with a reduced setback. Most jurisdictions have setbacks which exceed the proposed setbacks,typically having a rear setback of 15' or 25' and front setback of 25'. A cross-comparison of other Virginia localities is included as an attachment to this report. Proposed Standard §165-402.09. H. —Dimensional Requirements Townhouse, back-to-back townhouse, rear alley townhouse B. Building Setbacks Page 3 of 4 Bl From public or With garage: 25 feet Without garage: 15 ft Rear alley option: private road right-of- The front setbacks way may be reduced to 15 feet, provided 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 15 feet Side setback may be parking lot reduced to 10 feet when adiacent to Private roadway or parkinz lot B3 Side 10 feet 5 feet 5 feet B4 Rear 20 feet Back-to-back option: Rear alley option: 6 N/A feet from shared alley access easement C. Setbacks for unroofed decks, stoops, landin s and similar features C 1 Front from off- 10 feet 5 feet 5 feet street parking lot C2 Front from 15 feet Without garaze 10 Rear alley option: private/public road feet 10' C3 side (end unit) 5 feet Rear alley option:2' from shared rear alley access easement C4 Rear 5 feet Summary & Requested Action: This item was reviewed by the Development Review and Regulations Committee (DRRC) on December 11, 2025. The committee generally supported the proposed changes for rear-loaded townhomes. There were concerns regarding green space and townhouse being located against major roadways. Both scenarios are addressed currently in code, via minimum greenspace requirements and road efficiency buffers respectively. The Board of Supervisors discussed this ordinance amendment at their November 12, 2025, meeting and made a motion to direct staff to take the ordinance amendment forward for further study and to authorize staff to hold public hearings. In their discussion the Board expressed support Page 4 of 4 for having additional options for more diverse housing types to meet changing market trends, as well as concerns regarding parking and overall affordability. The Planning Commission held a public hearing on January 7, 2026. Three (3) members of the public spoke on the proposed ordinance amendment. The speakers expressed support for the amendment,but one voiced a desire for additional green space and landscaping. The Planning Commission recommended approval of the proposed amendment. This item is presented to the Board of Supervisors for Public Hearing. Questions regarding the proposal should be directed to the Planning and Development department staff. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this Zoning TextAmendment. ' - 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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