Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
090-26 (Chapter165ZoningOrdinanceUpdated)
ORDINANCE Action: PLANNING COMMISSION: April 15, 2026 Recommended Approval BOARD OF SUPERVISORS: May 13, 2026 Adopted TO AMEND CHAPTER 165 WHEREAS, a proposal to amend Chapter 165 —Zoning Ordinance to reorganize the chapter,to remove any redundant and conflicting language, and to convert narrative standards into tables and graphics, and where appropriate to add or modify provisions and references from Chapter 22 of Title 15.2 of the Code of Virginia that are not codified in the current Zoning Ordinance; and WHEREAS,the Development Review and Regulations Committee(DRRC)met and discussed the proposed amendment at their March 26, 2026,regular meeting; and WHEREAS,the Planning Commission held a public hearing on the proposed ordinance amendment on April 15, 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 May 13,2026; 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 reorganize the chapter, to remove any redundant and conflicting language, and to convert narrative standards into tables and graphics, and where appropriate to add or modify provisions and references from Chapter 22 of Title 15.2 of the Code of Virginia that are not codified in the current Zoning Ordinance. Passed this 13th,day of May 2026 by the following recorded vote: John F. Jewell, Chairman Absent Michael D. Guevremont Aye Albert L. Orndorff Aye Robert T.Liero Aye Jason C.Aikens Aye Gary R. Oates Aye Robert W. Wells Aye A COPY ATTEST Michael ML.BololhoeferPo Frederick County A(14istrator No. 090-26 PLANNING&COMMUNITY DEVELOPMENT BERKLEY MEMORANDUM GROUP To: Frederick County Board of Supervisors From: Caroline Vanterve, AICP, Principal Planner Berkley Group Date: April 29, 2026 Subject: Phase I Zoning and Subdivision Ordinance Update— Public Hearings Frederick County has enlisted the support of Berkley Group to restructure the County's Zoning and Subdivision Ordinances and update the provisions for compliance with the Code of Virginia. The updated Ordinances will achieve the following: • Provide a streamlined and user-friendly Ordinance format; • Incorporate current Code of Virginia requirements; and • Prepare the County to efficiently address policy items, as guided by the Comprehensive Plan, in a future phase. This process was initiated by County staff and serves as a technical update focused on clarity and usability. It is considered Phase I and does not consist of policy changes (e.g., addition of zoning districts; edits to use standards or design standards). Any and all changes made as part of Phase I were introduced solely for compliance with the mandatory items of state code, reorganizational purposes, or to remove redundant or conflicting provisions. Additionally, any zoning text amendments adopted between July 2025 and February 2026 have been directly integrated as adopted. A Phase 11 update to address policy is anticipated following completion of the County's ongoing Comprehensive Plan update. During the May 13, 2026 regular meeting, the Board of Supervisors will hold two public hearings to consider the updated Zoning and Subdivision Ordinances. Consistent with Virginia law, the Board of Supervisors will vote after each public hearing to approve, approve with amendments, or deny the proposed Zoning and Subdivision Ordinances. The Planning Commission recommended approval of the updated Zoning Ordinance and approval of the updated Subdivision Ordinance following public hearings held to consider each respective Ordinance during their regular meeting on Wednesday, April 15, 2026. Should the Ordinances be adopted, they will be immediately effective and will repeal and replace the existing Zoning and Subdivision Ordinances in their entirety. CV Page 1 of 1 Frederick County GW BERKLEY Phase I Zoning and Subdivision Ordinance Update GROUP Zoning Ordinance Article Summary No policy changes were made during the Phase 1 update. Revisions were to limited to Code of Virginia compliance, improved readability, and reorganization. 1. Draft Article I —General Provisions This Article is purely an updated and reorganized Article I for state code compliance, as highlighted in the Frederick County Zoning Ordinance Diagnostic (November 2024). Notable revisions to bring this Article into full compliance with the Code of Virginia include the following: • Inclusion of the state code provision authorizing Frederick County to adopt a zoning ordinance and have zoning for properties under its jurisdiction accordingly (§ 15.2-2280); • Establishing applicability of the County's zoning regulations (§ 15.2-2281; § 15.2-2284); • Explicitly stating the purpose of zoning for protection of public health, safety, and welfare; • Effect of conditions imposed or accepted as part of a zoning application (§ 15.2-2261.1); and • Establishment of vested rights, including how the County will make determinations of such rights (§ 15.2-2307). Note that this does NOT replace the County's existing vested rights policy but rather includes complementary and required provisions from state code. • New language necessary for Ordinance enforcement has been added to Sections 165-102.02, 165- 104.01, 165-104.02. 2. Draft Article II —Administration This Article updates and replaces various portions of current Article/ (General Provisions) and Article X(Board of Zoning Appeals). As a best practice for ease of use, Berkley Group recommends including all administrative provisions in a singular Article.These include powers and duties of certain staff, the Planning Commission, and the BZA; enforcement and penalties; and fees. Notable revisions for state code compliance and usability include the following: • Addition of a new Part (Part 202) has been added to address the powers, duties, and responsibilities of the Planning Commission. State code compliance has been achieved by simply including references to the pertinent regulations rather than restating lengthy text; • Updated language related to the BZA through including the state code references related to public noticing and board responsibilities (§§ 15.2-2203 and 15.2-2308); • Addition of language to establish meeting and procedural requirements for the BZA— including those related to ex parte communications— in accordance with state code; • Inclusion of state code provisions authorizing Frederick County to enforce the Zoning Ordinance and penalize violations accordingly (§ 15.2-2208); and • Inclusion of optional state code provision allowing the County to inspect land without landowner consent in limited circumstances (§ 1 5-2.2286(A)l 6). 3. Draft Article III — Permits and Applications This Article updates and consolidates portions of the current Article/ (General Provisions) and Article Vlll (Development Plans and Approvals).All permits and applications administered by the Department of Planning and Development are now included in one Article for transparency and enhanced usability. Due to the length of the Article and the extent of revisions made for state code alignment, not all revisions are mentioned here. Notable revisions include the following: Page 1 of 6 Frederick County GW BERKLEY Phase I Zoning and Subdivision Ordinance Update GROUP Zoning Ordinance Article Summary • Codifies pre-application requirement and/or option for all application types to mirror what the County is doing in practice; • Addition of language to codify minimum submission standards, based on what the County is doing in practice; • Addition of language to provide the general basis for zoning text and map amendments, conditional zonings, variances, and certificates of appropriateness in accordance with state code (§ 15.2-2286(A)(7); §§ 15.2-2296 through 15.2-2303; § 15.2-2309; § 15.2-2306); • Simplification of impact analysis requirements to avoid repetition with the Department of Planning and Development's impact analysis requirements/rezoning application requirements; • Addition of language to clarify the state-mandated Planning Commission review timeframe for rezoning applications (§ 15.2-2285); • Addition of flowcharts to visually depict the rezoning, conditional use permit, variance, appeal(s), site plan, and MDP processes; • Removal of the list of specific types of proffers for state code compliance (§ 15.2-2302); • Addition of language outlining the County's cash proffer policies, in accordance with state code (§ 15.2- 2303.3; § 15.2-2303.1:1.; § 15.2-2303.02); • Revising the timeframe for an approved CUP to be deemed void based on failure to establish the proposed use from two years to three years, based on state code; • Updated revocation procedures for CUPS based on state code requirements for public notices and hearings (§ 15.2-2204); • Numerous revisions to variance requirements for state code alignment (§ 15.2-2309; § 15.2-2310); • Reorganization of MDP and site plan standards for clarity and readability; • Removal of Planning Commission and Board of Supervisors from site plan review procedures based on July 1, 2025 update to state code (§ 15.2-2259); • New Part added (Part 310) to codify how the County makes zoning determinations in practice. This text is necessary for enforcement and defensibility and references the pertinent sections of state code; • Update of text addressing appeals to include pertinent state code references (§§ 15.2-2314 and 15.2- 2285; § 15.2-2313); • Simplification of public notice requirements to simply reference state code, avoiding the need for regular zoning text amendments when state requirements for advertising and notices are amended (§ 15.2-2204); and • Addition of language addressing waiver of notice (§ 15.2-2204), which waives the right for a party to challenge hearing proceedings if they were properly notified and/or participated in the public hearing. 4. Draft Article IV— Primary Zoning Districts This Article updates and consolidates the current Article IV—Agricultural& Residential Districts;Article V— Planned Development Districts; and Article VI—Business& Industrial Zoning Districts. The article establishes the County's zoning districts and their dimensional standards. Key updates are as follows: • A new three-piece structure has been introduced: o The first piece (Part 401) addresses purpose and intent of zoning districts in Frederick County; o The second piece (Parts 402 and 403) includes general requirements for all zoning districts (e.g., determination of height, setbacks, and lots); and o The third piece (Parts 404 through 408) establishes dimensional standards by district type. Page 2 of 6 Frederick County GV BERKLEY Phase I Zoning and Subdivision Ordinance Update GROUP Zoning Ordinance Article Summary • Dimensional standards have been reorganized into tables for ease of use and administration. • New, non-policy language introduced (§ 165-401.01) to establish the purpose of developing and regulating zoning districts;this assists the County with enforcement and defensibility. • The current graphics used in the "Pattern Book" have been reformatted and included in the RP standards (§ 165-405.01); staff intends to do away with a separate, standalone pattern book to allow the Zoning Ordinance to govern. • The setback reduction language established in R5 district has been removed as it conflicts with the variance procedures established in the Code of Virginia and the draft Article III of the updated Zoning Ordinance.Variances may be granted in any district for any dimensional standard if the hardship criteria provided in the Code of Virginia is met. Additionally, the BZA (not the Zoning Administrator) is given the authority to review and grant variances. • Consolidation of development standards that apply to both the R4 and R5 zoning districts (§ 165- 408.03). 5. Draft Article V—Overlay Districts This Article reorganizes, updates, and replaces Article Vll, Overlay Districts, of the current Ordinance. No significant revisions or material changes are proposed for the language; however, large paragraphs of text throughout have been broken into more digestible lists where possible to improve the readability of the Ordinance. Other updates of note include: • The text in Part 501 is proposed as new and recommended for administration purposes. It is materially the same as language provided in § 165-705.03.B. of the current Zoning Ordinance but has been expanded to apply to all overlay districts within this Article. • The County's floodplain district (Part 503) closely mirrors the Virginia model floodplain ordinance for localities. However, as a fundamental improvement for usability, Berkley Group has reorganized the Part for clarity and to be more intuitive in use. References to flood zones that are not within Frederick County (i.e., coastal flooding areas) have been removed, and the reference to the Flood Insurance Rate Map (FIRM) has been updated to reflect the current FIRM for the County. 6. Draft Article VI— Use Matrix This Article is proposed as new and consolidates the lists of use permissions currently contained in district-by- district articles of the Zoning Ordinance. As a best practice for administration and usability, Berkley Group has developed a composite use matrix that shows all districts, uses, and how those uses are regulated. The use matrix also identifies if uses have additional required performance standards and, if applicable, the appropriate Section reference. In addition to compiling existing uses and permissions into a single matrix, Berkley Group has made several revisions to eliminate redundant uses; remove text that was outdated and inadvertently retained during past amendments to align uses with the North American Industry Classification System (NAICS); and incorporate Code of Virginia requirements for specific uses, where applicable. Notable revisions include the following: • Updated use permissions/names for alignment with Code of Virginia requirements (e.g.,Administrative Review Eligible Project,Amateur Radio Antenna, Community Correctional Facility, Family Day Home (1-4 Children); • With staff concurrence, removed duplicative uses (e.g., public utility uses, indoor/outdoor commercial recreation uses); and Page 3 of 6 Frederick County GV BERKLEY Phase I Zoning and Subdivision Ordinance Update GROUP Zoning Ordinance Article Summary • With staff concurrence, removed "non-uses" regulated elsewhere (e.g., various sign types, Required Off- Street Parking). 7. Draft Article VII —Additional Regulations for Specific Uses This Article reorganizes, updates, and replaces the current Article Il, Part 204. While most use performance standards are included in this Part, some use performance standards are scattered in use definitions or in dimensional standards for primary zoning districts. Therefore, all use performance standards have been consolidated into a singular article, and further organized by use category (e.g., agricultural, residential, commercial) to directly align with the use matrix. Numerous revisions have been made for readability. In some circumstances, edits have been made to address required Code of Virginia provisions for specific uses. Notable edits include the following: • Reorganized use standards in alphabetical order by use type. • Removed language throughout the Article that was redundant with the design standards in the draft Article VIII, Community Development Standards, replaced with cross-references. • Reviewed and adjusted the use names used in this Article to match the list of uses included in the use matrix. • Updated standards for farm breweries, farm distilleries, and farm wineries (§ 165-701.03) to replace an outdated Code of Virginia reference. • Updated standards for administrative review eligible projects (§ 165-703.01) and telecommunications towers and facilities (§ 165-703.08) to align with Code of Virginia requirements. • Updated standards for utility-scale solar facilities (§ 165-703.09) to introduce required provisions of the Code of Virginia related to period of validity(§ 15.2-2209.1:2.A) and siting agreements (§ 15.2-2316). 8. Draft Article VIII —Community Development Standards This Article reorganizes, updates, and replaces current Article Il, Parts 201, 202, and 203. It includes generally applicable standards for nuisances; buffers and landscaping; environmental protection; off-street parking and loading; open space; recreational facilities; outdoor lighting; storage; signs;walls and fences;various commercial parks; and temporary trailers. Revisions of note include the following: • Reorganized standards into tables where feasible to streamline content, improve readability, and eliminate redundancy. • As a best practice, Berkley Group recommends removing the existing planting lists from the Zoning Ordinance and keeping them as a department policy document. Many Virginia localities have started to use this approach to prevent text amendments every time a planting needs to change or be added. Therefore, the planting list has been removed and retained as a separate document for Planning and Development staff to review and edit as needed and utilize as department policy. • Introduced graphics to demonstrate a selection of the road efficiency and zoning district buffers (§ 165- 802.08) • Relocated current provisions regarding Motor Vehicle Access and Interparcel Connectors to the Subdivision Ordinance, as these relate to subdivision standards. • Integrated the parking requirements currently established into the RP district into the table of minimum parking requirements (Part 804, Table VIII-11) to avoid redundancy. • Consolidated redundant parking requirements (Part 804, Table VIII-11). Page 4 of 6 Frederick County GV BERKLEY Phase I Zoning and Subdivision Ordinance Update GROUP Zoning Ordinance Article Summary • Introduced a graphic (§ 165-804.06) to demonstrate example parking lot spaces and landscaping. • Added a new Section (§ 165-805.01) to succinctly state which districts open space standards apply to; no policy changes have been made to indicate that open space be required in additional districts beyond those currently provided for in the current Ordinance. • Added a new Part (Part 810) for wall and fence requirements. This will allow the County to more efficiently update existing provisions for walls and fences and introduce new design standards for walls and fences, if desired as part of the future Phase II. 9. Draft Article IX— Nonconformities This Article reorganizes, updates, and replaces current Article IX (Nonconforming Uses, Structures, and Signs). Several revisions have been made for both readability and state code compliance (§ 15.2-2307), including the following: • Prohibiting the moving or expansion of a nonconforming use, structure, or building on the same lot or another lot if such lot is not zoned to permit such use; • Stating that the illegal use of land or buildings is not an adequate reason for nonconforming status of a use; • Replacing the existing language in §165-901.03 to state that if a use does not conform to the underlying zoning district, a rezoning or CUP may be applied for free of charge if certain criteria can be met; • Identifying specific circumstances that may lend nonconforming status to a building, structure, or improvement; • Replacing the existing language in § 165-901.06. due to conflict with state code. The new language introduces guidelines/circumstances under which a nonconforming building or structure can be repaired, rebuilt, or replaced; • Stating that property owners may not commit arson and obtain vested rights under this Section of the Ordinance; and • Providing language related to nonconforming manufactured homes. 10. Draft Article X—Transfer of Development Rights Program This Article updates the current Article 111 - Transfer of Development Rights (TDR) Program. The adopted Zoning Text Amendment from fall 2025 has been incorporated.Apart from minor reformatting to the existing list structure and the removal of one line of redundant language regarding sending parcels, there are no further changes to the Article. 11. Draft Article XI — Definitions Draft Article XI, Definitions, is a reorganized and updated version of Section 165-101.02 of the current Ordinance. As a best practice for usability and administration, Berkley Group recommends including a standalone article for terms and definitions. Revisions of note include the following: • 165-1101.01.B. is new administrative (non-policy) language.While strongly recommended to assist County staff with enforcement and administration of the Ordinance, it can be removed at this time if desired. • All definitions have been categorized into one of the following groups: General Terms, Overlay District Page 5 of 6 Frederick County GW BERKLEY Phase I Zoning and Subdivision Ordinance Update GROUP Zoning Ordinance Article Summary Terms, Transfer of Development Rights (TDR) Terms, and Use Terms. This is a fundamental improvement so both staff and the public can quickly locate a term or terms as needed. This also aligns with the updated structure of the Zoning Ordinance, which includes Uses, Overlay Districts, and TDR as separate articles. • Several definitions have been added or amended for compliance with state code regulations. Examples include, but are not limited to, "cemetery", "Designated Agent", "variance", "vested rights", and "severance of development rights". • Several definitions have been recommended for removal, as they are not actually used in the Zoning Ordinance. Examples include, but are not limited to, "congregate care facility", "retail nursery", and "trip ends". Page 6 of 6 *19F+ T � M ter ! 1 Frederic ME"- Frederick County, Z0111 JLJLII %3 %YANALFAIIII726111 %00 IkTwlkTdol irlb T WT A WT dp% 117 Adopted DATE, 2026 Effective DATE, 2026 Amended DATE CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE TABLE OF CONTENTS Article I. General Provisions..............................................................................................................I-1 Part 101. Enactment and Authority....................................................................................................I-1 Section 165-101.01. Title. ............................................................................................................ I-1 Section 165-101.02.Authority......................................................................................................I-1 Section165-101.03. Purpose........................................................................................................ I-1 Section 165-101.04.Applicability.................................................................................................I-1 Section 165-101.05. Conformity with Ordinance Required........................................................... I-1 Section 165-101.06. Severability. ................................................................................................. I-1 Part 102. Ordinance Conflicts and Interpretation............................................................................... I-2 Section 165-102.01. Interpretation................................................................................................I-2 Section 165-102.02. Figures and References in Ordinance............................................................ I-2 Part 103. Zoning Districts and Zoning Map. .....................................................................................I-2 Section 165-103.01. Establishment, Maintenance, and Amendment.............................................. I-2 Section 165-103.02. Incorporated by Reference............................................................................ I-2 Section 165-103.03. Interpretation of Zoning District Boundaries................................................. I-2 Section 165-103.04. Unauthorized Changes.................................................................................. I-3 Part 104. Transition of Regulations After Adoption........................................................................... I-3 Section 165-104.01. Effective Date of Ordinance. ........................................................................ I-3 Section 165-104.02. Violations Continue......................................................................................I-3 Section 165-104.03.Nonconformities...........................................................................................I-3 Section 165-104.04. Vested Rights. ..............................................................................................I-3 Section 165-104.05. Reserved. .....................................................................................................I-3 Article II.Administration..................................................................................................................II-1 Part 201. Director of Planning and Development; Zoning Administrator. .........................................II-1 Section 165-201.01.Appointment, Powers, and Duties................................................................II-1 Part 202. Planning Commission.......................................................................................................II-1 Section 165-202.01.Appointment; Terms; Membership; Compensation; Removal.......................II-1 Section 165-202.02. Powers and Duties.......................................................................................II-1 Section 165-202.03. Meetings and Procedures.............................................................................II-1 Section 165-202.04. Expenditures, Gifts, and Donations..............................................................II-1 Part 203. Board of Zoning Appeals..................................................................................................II-2 i CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-203.01.Appointment; Terms; Membership; Compensation.......................................II-2 Section 165-203.02. Powers and Duties.......................................................................................II-2 Section 165-203.03. Meetings and Procedures.............................................................................II-2 Part204. Enforcement.....................................................................................................................II-3 Section 165-204.01.Authority.....................................................................................................II-3 Section 165-204.02. Complaints..................................................................................................II-3 Section 165-204.03.Notice of Violation......................................................................................II-3 Section 165-204.04. Remedies and Penalties of Violation............................................................II-4 Part205. Fees..................................................................................................................................II-5 Section 165-205.01. Fees and Charges.........................................................................................II-5 Article III. Permits and Applications..............................................................................................III-1 Part301. In General. ......................................................................................................................III-1 Section 165-301.01. Preapplication Conference..........................................................................III-1 Section 165-301.02.Application Forms......................................................................................III-1 Section 165-301.03.Application Fees, Delinquent Taxes, and Charges. ......................................III-1 Section 165-301.04. Ownership Disclosure. ...............................................................................III-1 Section 165-301.05. Minimum Submission Standards. ...............................................................III-2 Section 165-301.06. Reconsiderations........................................................................................III-2 Part 302. Zoning Text and Map Amendments. ................................................................................III-2 Section 165-302.01. In General..................................................................................................III-2 Section 165-302.02. Standards and Procedures...........................................................................III-2 Part 303. Conditional Zoning..........................................................................................................III-6 Section 165-303.01. Purpose and Intent......................................................................................III-6 Section 165-303.02. Standards and Procedures...........................................................................III-6 Section 165-303.03.Amendments and Variations Prior to Final..................................................III-6 Section 165-303.04. Effect of Condition; Period of Validity........................................................III-7 Section 165-303.05. Record of Conditional Zoning. ...................................................................III-7 Section 165-303.06. Enforcement of Conditions.........................................................................III-7 Part 304. Conditional Use Permits..................................................................................................III-8 Section 165-304.01. Intent and Applicability. .............................................................................III-8 Section 165-304.02. Standards and Procedures...........................................................................III-8 Section 165-304.03. Effect of Decision; Period of Validity..........................................................III-9 Section 165-304.04. Revocations................................................................................................III-9 ii CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Part305. Variances.......................................................................................................................III-11 Section 165-305.01. Purpose and Intent....................................................................................III-11 Section 165-305.02. Standards and Procedures.........................................................................III-11 Section 165-305.03. Variances from Floodway District Regulations. ........................................III-12 Section 165-305.04. Effect of Decision; Period of Validity........................................................III-14 Part 306. Master Development Plans. ...........................................................................................III-14 Section 165-306.01. Intent........................................................................................................III-14 Section 165-306.02. When Required. .......................................................................................III-15 Section 165-306.03. Waivers....................................................................................................III-15 Section 165-306.04. Contents of Master Development Plans. ...................................................III-16 Section 165-306.05. Preliminary Master Development Plan Submission...................................III-18 Section 165-306.06. Final Master Development Plan Submission.............................................III-18 Section 165-306.07. Changes to Approved Master Development Plan.......................................III-19 Part307. Site Plans.......................................................................................................................III-20 Section 165-307.01. Purpose and Intent....................................................................................III-20 Section 165-307.02.Applicability.............................................................................................III-21 Section 165-307.03. Site Plan Contents, Generally. ..................................................................III-22 Section 165-307.04. Minor Site Plan Contents..........................................................................III-25 Section 165-307.05. Illustrative Sketch Plan Contents. .............................................................III-25 Section 165-307.06. Review.....................................................................................................III-26 Section 165-307.07. Standards and Improvements....................................................................III-27 Section 165-307.08. Site Plan Amendments..............................................................................III-27 Section 165-307.09. Compliance with Approved Site Plan Required.........................................III-28 Section 165-307.010. Period of Validity....................................................................................III-28 Part 308. Certificate of Appropriateness........................................................................................III-28 Section 165-308.01. Purpose and Intent....................................................................................III-28 Section 165-308.02.Applicability.............................................................................................III-29 Section 165-308.03. Standards and Procedures.........................................................................III-29 Part 309. Certificates of Occupancy..............................................................................................III-32 Section 165-309.01. General. ...................................................................................................III-32 Section 165-309.02. Standards and Procedures.........................................................................III-32 Part 310. Zoning Determinations..................................................................................................III-32 Section 165-310.01. Purpose and Intent....................................................................................III-32 iii CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-310.02. Standards and Procedures.........................................................................III-32 Part311.Appeals..........................................................................................................................III-33 Section 165-311.01.Appeals of Director of Planning and Development; Zoning Administrator Determinations and Decisions. .................................................................................................III-33 Section 165-311.02.Appeals of BZA Decisions........................................................................III-33 Section 165-311.03. Construction in Violation of Ordinance without Appeals to BZA. .............111-34 Section 165-311.04. Stay of Proceedings..................................................................................III-34 Part 312. Public Hearings and Notifications..................................................................................III-35 Section 165-312.01. Public Hearings and Notice Required. ......................................................III-35 Section 165-312.02. Posting Notice on Property.......................................................................III-35 Section 165-312.03. Waiver of Notice. .....................................................................................III-35 Article IV. Primary Zoning Districts................................................................................................IV-1 Part 401. Establishment and Purpose. .............................................................................................IV-1 Section 165-401.01. General. .....................................................................................................IV-1 Section 165-401.02. Purpose and Intent of Primary Zoning Districts...........................................IV-2 Part 402. General District Standards...............................................................................................IV-6 Section 165-402.01. General. .....................................................................................................IV-6 Section 165-402.02.Additional Standards..................................................................................IV-6 Section 165-402.03. Determination and Measurement of Lots and Setbacks. ..............................IV-6 Part 403. Encroachments and Exemptions. .....................................................................................IV-8 Section 165-403.01. Setback Encroachments..............................................................................IV-8 Section 165-403.02. Setback Exemptions...................................................................................IV-9 Section 165-403.03. Height Exemptions and Waivers.................................................................IV-9 Part 404.Agricultural Districts. ....................................................................................................IV-12 Section 165-404.01. RA, Rural Areas District Standards...........................................................IV-12 Part 405. Residential Districts.......................................................................................................IV-13 Section 165-405.01. RP, Residential Performance District Standards. .......................................IV-13 Section 165-405.02. MH1, Mobile Home Community District Standards..................................IV-35 Part 406. Business Districts. .........................................................................................................IV-36 Section 165-406.01. Business District Standards. .....................................................................IV-36 Part 407. Industrial Districts.........................................................................................................IV-37 Section 165-407.01. Industrial District Standards. ....................................................................IV-37 Part 408. Planned Development Districts......................................................................................IV-39 iv CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-408.01. R4, Residential Planned Community District Standards............................IV-39 Section 165-408.02. R5, Residential Recreational Community District Standards.....................IV-41 Section 165-408.03. General Standards for R4 and R5 Planned Development...........................IV-46 Section 165-408.04. MS, Medical Support District Standards...................................................IV-47 ArticleV. Overlay Districts...............................................................................................................V-1 Part 501. Establishment of Overlay Districts....................................................................................V-1 Section 165-501.01. Overlay Zoning District Establishment........................................................V-1 Part 502.API,Airport District.........................................................................................................V-1 Section 165-502.01. Purpose and Intent.......................................................................................V-1 Section 165-502.02.Airport Safety Zones. ..................................................................................V-1 Section 165-502.03. Height Limitations. .....................................................................................V-2 Section 165-502.04. Use Restrictions. .........................................................................................V-3 Section 165-502.05.Noise...........................................................................................................V-3 Section 165-502.06. Nonconforming Uses...................................................................................V-3 Section 165-502.07.Appeals.......................................................................................................V-4 Part 503. FP, Floodplain District......................................................................................................V-4 Section 165-503.01. Purpose and Authority. ................................................................................V-4 Section 165-503.02.Applicability...............................................................................................V-5 Section 165-503.03. Compliance and Liability.............................................................................V-5 Section 165-503.04. Floodplain Administrator.............................................................................V-5 Section 165-503.05. Records.......................................................................................................V-8 Section 165-503.06.Administration.............................................................................................V-8 Section 165-503.07. Jurisdictional Boundary Changes.................................................................V-9 Section 165-503.08. District Boundary Changes..........................................................................V-9 Section 165-503.09. Letters of Map Revision(LOMR)................................................................V-9 Section 165-503.10. Description of Special Flood Hazard Districts............................................V-10 Section 165-503.11. Flood Insurance Rate Map (FIRM)............................................................V-12 Section 165-503.12. Interpretation of District Boundaries..........................................................V-12 Section 165-503.13. Permit and Application Requirements........................................................ V-12 Section 165-503.14. General Standards. ....................................................................................V-14 Section 165-503.15. Elevation and Construction Standards........................................................V-14 Section 165-503.16. Existing Structures in Floodplain Areas. .................................................... V-17 Section 165-503.17. Penalties for Violations..............................................................................V-17 v CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Part 504. HA, Historic Area Overlay Zone.....................................................................................V-17 Section 165-504.01. Purpose and Intent.....................................................................................V-17 Section 165-504.02. Establishing Overlay Boundaries...............................................................V-18 Section 165-504.03. Criteria for Determining Historic Significance........................................... V-18 Section 165-504.04. Use Regulations. .......................................................................................V-20 Section 165-504.05. Guidelines for New Construction or Alterations.........................................V-20 Part 505. IA, Interstate Area Overlay District.................................................................................V-21 Section 165-505.01. Purpose and Intent.....................................................................................V-21 Section 165-505.02. District Boundaries....................................................................................V-21 Section 165-505.03. Establishment of Districts..........................................................................V-21 Section 165-505.04. District Regulations...................................................................................V-21 Part 506. TNDB, Traditional Neighborhood Design-Business Overlay District. .............................V-23 Section 165-506.01. Purpose and Intent.....................................................................................V-23 Section 165-506.02. District Boundaries....................................................................................V-24 Section 165-506.03. Establishment of Districts.......................................................................... V-24 Section 165-506.04. Use and Dimensional Regulations. ............................................................ V-24 Section 165-506.05. Off-Street Parking;Parking Lots................................................................ V-25 Section 165-506.06. Design Standards.......................................................................................V-26 Section 165-506.07. Master Development Plan (MDP).............................................................. V-27 Section 165-506.08. Signage.....................................................................................................V-27 ArticleVI. Use Matrix.....................................................................................................................VI-1 Part601. In General. ......................................................................................................................VI-1 Section 165-601.01. Organization...............................................................................................VI-1 Section 165-601.02. Use Matrix Abbreviations...........................................................................VI-1 Part602. Uses Not Provided...........................................................................................................VI-1 Section 165-602.01. Uses Not Provided......................................................................................VI-1 Part603. Use Permissions. .............................................................................................................VI-2 Section 165-603.01. Primary and Accessory Uses.......................................................................VI-2 Section 165-603.02. Use Matrix.................................................................................................VI-2 Article VII.Additional Regulations for Specific Uses....................................................................VII-1 Part 701.Agricultural Use Standards. ...........................................................................................VII-1 Section 165-701.01.Agricultural Supply Cooperatives.............................................................VII-1 Section 165-701.02. Backyard Chickens and Chicken Coops.................................................... VII-1 vi CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-701.03.Farm Breweries;Farm Distilleries;Farm Wineries....................................VII-1 Section 165-701.04. Hog Farming............................................................................................VII-2 Section 165-701.05. Slaughterhouses;Food Manufacturing including Animal Slaughtering and Processing................................................................................................................................VII-2 Part 702. Residential Use Standards..............................................................................................VII-3 Section 165-702.01.Adult Care Residences,Assisted Living Care Facilities,Residential Care Facilities, and Convalescent or Nursing Homes........................................................................VII-3 Section 165-702.02.Age-Restricted Multifamily Housing........................................................VII-4 Section 165-702.03. Cottage Occupations.................................................................................VII-4 Section 165-702.04. Garden Apartments...................................................................................VII-5 Section 165-702.05. Home Occupations...................................................................................VII-5 Section 165-702.06. Manufactured Home Parks and Subdivisions............................................VII-5 Section 165-702.07. Multifamily Residential Buildings............................................................VII-6 Section 165-702.08. Short-Term Lodging or Tourist Home.......................................................VII-6 Section 165-702.09. Temporary Family Health Care Structure.................................................. VII-7 Part 703. Public/Civic/Recreational Use Standards. ......................................................................VII-8 Section 165-703.01.Administrative Review Eligible Project. ...................................................VII-8 Section 165-703.02. Campgrounds;Lodges and Resorts........................................................... VII-9 Section 165-703.03.Frederick County Sanitary Landfill........................................................... VII-9 Section 165-703.04. Humanitarian Aid Organizational Office.................................................VII-10 Section 165-703.05. Nationally Chartered Fraternal Lodges or Civic Clubs, Social Centers, and Their Related Club Facilities..................................................................................................VII-10 Section 165-703.06. Public Administration and Government Support Buildings, Including Fire Stations, Companies, and Rescue Squads. ..............................................................................VII-10 Section 165-703.07.Public Utilities,Transmission and Distribution Facilities;Public Utilities, Power-Generating Facilities. ...................................................................................................VII-I1 Section 165-703.08. Telecommunications Towers and Facilities.............................................VII-12 Section 165-703.09. Utility-Scale Solar Power Generating Facilities......................................VII-15 Part 704. Commercial Use Standards..........................................................................................VII-15 Section 165-704.01.Adult Retail............................................................................................VII-15 Section 165-704.02.Automotive Oil Change and Lubrication Shops; Building Materials,Hardware, Garden Supply, and Retail Nurseries; General Automotive,Motorcycle and Truck Repair, Services andParking............................................................................................................................VII-16 Section 165-704.03.Boat Repair Shop...................................................................................VII-16 Section 165-704.04. Car Washes. ...........................................................................................VII-17 vii CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-704.05. Commercial Recreation; Indoors or Outdoors......................................... VII-17 Section 165-704.06. Commercial Shooting and Archery Ranges, Indoor or Outdoor. .............. VII-18 Section 165-704.07. Country General Store Without Fuel Sales.............................................. VII-18 Section 165-704.08. Flea Markets, Operated Indoors or Outdoors........................................... VII-18 Section 165-704.09. Flex-Tech...............................................................................................VII-19 Section 165-704.10. Food and Beverage Retailers. ................................................................. VII-20 Section 165-704.11.Food Services, Restaurants and Other Eating Places. .............................. VII-21 Section 165-704.12. Hardware, Plumbing, and Heating Equipment and Supplies Merchant Wholesalers. .......................................................................................................................... VII-21 Section 165-704.13. Kennels..................................................................................................VII-21 Section 165-704.14. Motor Vehicle and Parts Dealers............................................................. VII-21 Section 165-704.15. Offices and Clinics of Doctors of Medicine, Dentists, and Other Health Practitioners...........................................................................................................................VII-21 Section 165-704.16. Retail Stores (Drug, Health, and Personal Care)...................................... VII-22 Section 165-704.17. Special Event Facility............................................................................. VII-22 Section 165-704.18. Welding Repair.......................................................................................VII-23 Part 705. Industrial Use Standards..............................................................................................VII-23 Section 165-705.01. Computing Infrastructure Providers, Data Processing, and Data Centers. VII-23 Section 165-705.02. Junkyards and Auto Merchant Wholesalers............................................. VII-25 Section 165-705.03. Oil and Natural Gas Exploration............................................................. VII-26 Section 165-705.04. Sand, Shale, and Clay Mining................................................................. VII-26 Section 165-705.05. Self-Service Storage Facilities................................................................ VII-26 Section 165-705.06. Tractor Truck and Tractor Truck Trailer Parking..................................... VII-27 Section 165-705.07. Truck or Fleet Maintenance Facilities; Car, Truck,Utility Trailers, and RV (Recreational Vehicle) Rental and Leasing.............................................................................. VII-28 Section 165-705.08. Warehousing and Storage. ...................................................................... VII-29 Part 706. Miscellaneous Use Standards....................................................................................... VII-29 Section 165-706.01.Accessory Dwellings.............................................................................. VII-29 Section 165-706.02.Accessory Uses. ..................................................................................... VII-29 Article VIII. Community Development Standards......................................................................VIII-1 Part801. Nuisances.....................................................................................................................VIII-1 Section 165-801.01. General Requirements. ............................................................................VIII-1 Part 802. Buffers and Landscaping. .............................................................................................VIII-1 Section 165-802.01. Purpose...................................................................................................VIII-1 viii CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-802.02.Applicability............................................................................................VIII-2 Section 165-802.03. Residential Developments. ......................................................................VIII-2 Section 165-802.04. Business and Industrial Developments.....................................................VIII-3 Section 165-802.05. Plant Selection. .......................................................................................VIII-4 Section 165-802.06. Planting Procedure and Maintenance. ......................................................VIII-4 Section 165-802.07. Parking Lot Landscaping.........................................................................VIII-5 Section 165-802.08. Buffer and Screening Requirements.........................................................VIII-6 Part 803. Environmental Protection. ..........................................................................................VIII-22 Section 165-803.01. Purpose and Intent.................................................................................VIII-22 Section 165-803.02.Applicability..........................................................................................VIII-22 Section 165-803.03. General Requirements...........................................................................VIII-22 Part 804. Off-Street Parking, Loading, and Access.....................................................................VIII-24 Section 165-804.01. Purpose.................................................................................................VIII-24 Section 165-804.02.Applicability..........................................................................................VIII-24 Section 165-804.03. Prohibited..............................................................................................VIII-24 Section 165-804.04. Reduced and/or Shared Parking.............................................................VIII-25 Section 165-804.05. Parking Requirements. ..........................................................................VIII-26 Section 165-804.06. Parking Design Standards......................................................................VIII-28 Section 165-804.07. Loading Areas.......................................................................................VIII-33 Part805. Open Space. ...............................................................................................................VIII-34 Section 165-805.01.Applicability..........................................................................................VIII-34 Section 165-805.02.Amount of Open Space Required...........................................................VIII-34 Section 165-805.03. Development Standards.........................................................................VIII-35 Section 165-805.04. Waivers and Reductions. .......................................................................VIII-35 Part 806. Recreational Facilities. ...............................................................................................VIII-36 Section 165-806.01.Applicability..........................................................................................VIII-36 Section 165-806.02.Amount of Recreation Facilities Required..............................................VIII-37 Section 165-806.03. Types of Recreational Facilities.............................................................VIII-37 Section 165-806.04. Design Standards...................................................................................VIII-38 Part 807. Outdoor Lighting Standards........................................................................................VIII-38 Section 165-807.01. Purpose.................................................................................................VIII-38 Section 165-807.02.Applicability..........................................................................................VIII-38 Section 165-807.03. Photometric Plan Requirements.............................................................VIII-39 ix CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-807.04. General Lighting Standards. ..................................................................VIII-39 Section 165-807.05. Lighting Standards for Use Types..........................................................VIII-41 Part808. Storage.......................................................................................................................VIII-43 Section 165-808.01.Applicability..........................................................................................VIII-43 Section 165-808.02. General Requirements. ..........................................................................VIII-44 Part809. Signs..........................................................................................................................VIII-45 Section 165-809.01. Purpose.................................................................................................VIII-45 Section 165-809.02.Applicability..........................................................................................VIII-45 Section 165-809.03. General Sign Requirements...................................................................VIII-46 Section 165-809.04. Regulations by Sign Type and District. ..................................................VIII-48 Part 810. Walls and Fences........................................................................................................VIII-50 Section 165-810.01. General. ................................................................................................VIII-50 Part 811. Shopping Centers, Office Parks, and Industrial Parks..................................................VIII-51 Section 165-811.01. Purpose. ................................................................................................VIII-51 Section 165-811.02. General Standards. ................................................................................VIII-51 Part 812. Temporary Trailers. ....................................................................................................VIII-52 Section 165-812.01.Applicability..........................................................................................VIII-52 Section 165-812.02. Permits..................................................................................................VIII-52 Section 165-812.03. General Standards. ................................................................................VIII-52 Article IX. Nonconformities............................................................................................................IX-1 Part901. General............................................................................................................................IX-1 Section 165-901.01. Intent..........................................................................................................IX-1 Section 165-901.02. General. .....................................................................................................IX-1 Part902. Nonconformities..............................................................................................................IX-1 Section 165-902.01.Nonconforming Uses..................................................................................IX-1 Section 165-902.02.Nonconforming Lots of Record..................................................................IX-2 Section 165-902.03.Nonconforming Structures, Buildings, and Improvements. .........................IX-2 Section 165-902.04. Expansion of Nonconforming Uses and Structures......................................IX-2 Section 165-902.05. Repairs and Maintenance............................................................................IX-3 Article X. Transfer of Development Rights Program.......................................................................X-1 Part 1001. Establishment and Purpose. ............................................................................................X-1 Section 165-1001.01. Purpose. ....................................................................................................X-1 Section 165-1001.02.Applicability..............................................................................................X-1 x CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-1001.03. Right to Transfer Development Rights; General Provisions........................X-1 Part 1002. Sending and Receiving Properties...................................................................................X-2 Section 165-1002.01. Sending Properties.....................................................................................X-2 Section 165-1002.02. Receiving Properties..................................................................................X-3 Section 165-1002.03. Calculation of Development Rights. ..........................................................X-4 Section 165-1002.04. TDR Sending Property Development Limitations. .....................................X-6 Section 165-1002.05. Sending Property Certification...................................................................X-7 Section 165-1002.06. Instruments of Transfer..............................................................................X-8 Part 1003. Transfer Process and Development Procedures. ..............................................................X-9 Section 165-1003.01. Transfer Process........................................................................................X-9 Section 165-1003.02. Development Approval Procedures..........................................................X-10 ArticleXI. Definitions.....................................................................................................................XI-1 Part1101.Word Usage...................................................................................................................XI-1 Section 165-1101.01. General.....................................................................................................XI-1 Part1102. General Terms. ..............................................................................................................XI-2 Section 165-1102.01. General.....................................................................................................XI-2 Part 1103. Overlay District Terms.................................................................................................XI-14 Section 165-1103.01.Airport District.......................................................................................XI-14 Section 165-1103.02. Floodplain Districts. ...............................................................................XI-15 Section 165-1103.03. Historic Area Overlay Zone. ...................................................................XI-20 Part 1104. Transfer of Development Rights Terms. .......................................................................XI-21 Section 165-1104.01.Transfer of Development Rights Program. ..............................................XI-21 Part1105.Use Terms....................................................................................................................XI-22 Section 165-1105.01.Agricultural. ...........................................................................................XI-22 Section 165-1105.02. Residential. ............................................................................................XI-23 Section 165-1105.03. Public/Civic/Institutional........................................................................XI-27 Section 165-1105.04. Commercial............................................................................................XI-29 Section 165-1105.05. Industrial................................................................................................XI-31 Section 165-1105.06. Miscellaneous.........................................................................................XI-32 xi CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Article I. General Provisions. Part 101. Enactment and Authority. Section 165-101.01. Title. This Chapter,the full title of which is "The Zoning Ordinance of Frederick County, Virginia," may be referred to or cited as the "Zoning Ordinance," "Ordinance,"or"Chapter." Section 165-101.02. Authority. Chapter 22, Title 15.2 of the Code of Virginia of 1950, as amended, gives Frederick County,Virginia the authority to classify and regulate land development within its jurisdiction. Section 165-101.03. Purpose. A. This Ordinance is intended to promote the health, safety and general welfare of the public and the orderly development of the County, and to accomplish the purposes set forth in Code of Virginia § 15.2-2200. B. To these ends,this Ordinance shall give reasonable consideration to each of the purposes listed in Code of Virginia§ 15.2-2283. C. In addition, this Ordinance is intended to provide the means to achieve the goals set forth in the Frederick County Comprehensive Plan. Section 165-101.04. Applicability. A. Pursuant to Code of Virginia § 15.2-2281, the provisions of this Ordinance apply to all property within the unincorporated territory of Frederick County,Virginia. B. The zoning regulations and districts as set forth in this Ordinance have been drawn and will be applied with reasonable consideration for the matters set forth in Code of Virginia§ 15.2-2284. Section 165-101.05. Conformity with Ordinance Required. A. No building or structure may be used, occupied, developed, located, relocated, constructed, reconstructed, enlarged or structurally altered except in compliance with the terms and provisions of this Ordinance and any other applicable ordinances and regulations. B. No land shall be used, occupied or developed or lots created or altered except in compliance with the terms and provisions of this Ordinance and any other applicable ordinances and regulations. Section 165-101.06. Severability. The provisions of this Ordinance are to be presumed severable. If any section, subsection,paragraph, sentence,clause or phrase of this Chapter is declared invalid by any court, administrative or legislative agency or other tribunal, such decision shall not affect the remaining portions of this Ordinance. The remaining portions shall remain in full force and effect. I-1 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Part 102. Ordinance Conflicts and Interpretation. Section 165-102.01. Interpretation. A. The Zoning Administrator is responsible for definitive interpretation of this Ordinance, in accordance with the following requirements: (1) Unless otherwise specified, the provisions of this Ordinance are the minimum required to promote public health, safety,convenience, and general welfare; (2) The provisions of this Ordinance are not intended to interfere with, abrogate, or annul other rules, regulations, or ordinances; however, pursuant to Code of Virginia § 15.2-2315, where this Ordinance imposes greater restrictions than are imposed by such other rules, regulations or ordinance,the provisions of this Ordinance control. (3) Conditions imposed or accepted as part of a zoning application in accordance with Code of Virginia § 15.2-2261.1 prior to May 14, 2026 shall remain in effect to the extent required by that section. Section 165-102.02. Figures and References in Ordinance. A. Where figures are contained in this Ordinance,they are provided for demonstrative purposes only and are not a substantive part of this Ordinance. B. In the event of a conflict between the text or tables of this Ordinance and any figures, the text and tables will control. C. If any section of this Ordinance incorporates by reference any state statute or regulation, then the Ordinance incorporates future amendments of the state statute or regulation.Where this Ordinance incorporates by reference a statute, it also incorporates regulations promulgated pursuant to such statute. Part 103. Zoning Districts and Zoning Map. Section 165-103.01. Establishment, Maintenance, and Amendment. A. All portions of the land area of Frederick County are included in particular zoning districts as described by this Ordinance. B. The districts are delineated on an official set of Zoning Maps maintained by the Frederick County Zoning Administrator and located in the office of the Zoning Administrator. C. The Frederick County Zoning Administrator is responsible for maintaining the Zoning Maps and is authorized to interpret the Zoning Maps in order to determine the zoning status of land in the County. Section 165-103.02. Incorporated by Reference. The official Zoning Maps are incorporated into this Ordinance by reference. Section 165-103.03. Interpretation of Zoning District Boundaries. A. Unless district boundary lines are clearly established on the Zoning Maps by lot lines, surveyed boundaries or other fixed boundaries,the following rules apply when determining the boundaries of zoning districts: I-2 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) Where district boundaries appear to follow or be at right angles to streets, alleys, or railroad rights-of-way, the boundary shall be construed to follow the center line of such streets, alleys, or rights-of-way. (2) Boundaries that appear to approximately follow platted lot lines shall be construed to follow said lot lines. (3) Boundaries that appear to approximately follow corporate limits or other boundaries of Frederick County shall be construed to follow said boundaries. (4) Boundaries that appear to approximately follow rivers, streams, creeks, runs, lakes or other bodies of water shall be construed to follow the center line of smaller flowing water or shall follow the actual shoreline of larger bodies or flowing water, and if such shoreline changes,the boundary shall be construed to follow the changed shoreline. (5) Boundaries as appearing to be parallel to or extensions of zoning boundaries otherwise described shall be construed to be parallel or extensive. Distances not specifically indicated shall be determined by the scale of the map. Section 165-103.04. Unauthorized Changes. No changes shall be made to the Zoning Maps except in conformance with the requirements and procedures set forth in this Ordinance. Part 104. Transition of Regulations After Adoption. Section 165-104.01. Effective Date of Ordinance. This Ordinance was adopted on May 13,2026, and became effective at 12:01 a.m.on May 14,2026. It amends and reenacts any prior Zoning Ordinance adopted in Frederick County. Its provisions shall be in force until repealed or amended. Section 165-104.02. Violations Continue. Any development or activity in violation of the previous Zoning Ordinance will continue to be a violation under this Ordinance unless the development or activity is brought into compliance with this Ordinance. Section 165-104.03. Nonconformities. In all districts, after the effective date of this Chapter, any existing lot,use or structure which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations of Article IX,Nonconformities, of this Ordinance. Section 165-104.04. Vested Rights. A. The provisions of this Ordinance shall not be construed impair the vested rights of any property owner. The Zoning Administrator is authorized to make determinations on whether a property owner's rights are deemed vested under this Ordinance. B. Vested rights determinations shall be made in accordance with Code of Virginia § 15.2-2307. Section 165-104.05. Reserved. I-3 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Article II. Administration. Part 201. Director of Planning and Development; Zoning Administrator. Section 165-201.01. Appointment, Powers, and Duties. A. The Board of Supervisors of the County shall appoint a Director of Planning and Development who has the following powers and duties: (1) Administrative powers and duties as set forth in this Ordinance; and (2) The power to delegate such administrative responsibilities and duties to other members of County staff who report to him or her. B. The Board of Supervisors shall also appoint a Zoning Administrator who shall serve under the direction of the Director of Planning and Development. The Zoning Administrator has the powers and duties conferred on him or her by this Ordinance and Code of Virginia § 15.2-2286 (A)(4). C. Interpretations by the Zoning Administrator and/or the Director of Planning and Development in the administration of this Ordinance may be appealed to the Board of Zoning Appeals (BZA) following procedures set forth in Article III,Permits and Applications, of this Ordinance. Part 202. Planning Commission. Section 165-202.01. Appointment; Terms; Membership; Compensation; Removal. The Board of Supervisors shall create and organize a Planning Commission as provided in Code of Virginia §§ 15.2-2203 and 15.2-2210, et seq., and Chapter 21, Planning Commission, of the Frederick County Code. Section 165-202.02. Powers and Duties. The Planning Commission has the functions,powers, and duties provided in Code of Virginia§§ 15.2- 2221 and 15.2-2230, et seq., § 15.2-2285, and § 15.2-2223 et seq. Section 165-202.03. Meetings and Procedures. A. The Planning Commission shall conduct meetings and public hearings pursuant to Code of Virginia §§ 15.2-2214 through 2217. B. After the conclusion of the public hearing provided for in Code of Virginia§ 15.2-2204 and Article III, Permits and Applications, of this Ordinance, unless proceedings are terminated as provided herein,the Planning Commission shall report to the Board of Supervisors its recommendation. Section 165-202.04. Expenditures, Gifts, and Donations. The Planning Commission may expend sums appropriated to it for its purposes and activities as provided in Code of Virginia § 15.2-2222,et seq. II-1 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Part 203. Board of Zoning Appeals. Section 165-203.01. Appointment; Terms; Membership; Compensation. A. A BZA is hereby created and organized pursuant to Code of Virginia §§ 15.2-2203 and 15.2-2308, et seq. B. The BZA shall consist of five (5) members appointed for five-year (5-year) terms by the circuit court of the County. Section 165-203.02. Powers and Duties. A. Pursuant to Code of Virginia§ 15.2-2309,the BZA has the following powers and duties: (1) Appeals. To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator, Director of Planning and Development, or other administrative officer with authority to administer or enforce this Ordinance, as outlined in Article III, Part 311. (2) Variances.To hear and decide applications for variances,as defined in Code of Virginia§ 15.2- 2201, from specific terms or requirements of this Ordinance in specific cases. Standards and procedures for determining variances are outlined in Article III,Part 305, of this Ordinance. (3) Map Interpretations. To hear and decide applications for the interpretation of the Zoning District Map where there is any uncertainty as to the location of a district boundary. i. The BZA shall interpret the map under the principles set forth in Section 165-103.03 and in such a way as to carry out the intent and purpose of this Ordinance for the particular district in question. ii. The BZA shall not have the power to substantially change the locations of district boundaries as established by this Ordinance. iii. The BZA shall not have power to rezone property. Section 165-203.03. Meetings and Procedures. A. The BZA may make, alter, or rescind rules and forms for its procedures consistent with the Code of Virginia and this Ordinance. B. Meetings of the BZA shall be held in accordance with the annual meeting calendar adopted during the first meeting of each calendar year. C. A regular meeting of the BZA shall be held at the call of its chair or at such time as a quorum of the board may determine. D. The chair or, in their absence,the acting chair may administer oaths and compel the attendance of witnesses. E. The BZA shall keep minutes of its proceedings, showing the vote of each member upon each question,or,if absent or failing to vote,indicating such fact.It shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the BZA and shall be a public record. F. All meetings of the BZA shall be open to the public. G. All ex parte communications shall comply with the requirements of Code of Virginia§ 15.2-2308.1. II-2 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Part 204. Enforcement. Section 165-204.01. Authority. A. As provided in Article I, General Provisions, of this Ordinance, conformity with the Ordinance is required. Failure to comply with the requirements of the Ordinance constitutes a violation thereof and is declared to be unlawful. B. Any person who knowingly makes any false statements, representations, or certifications in any record, report, or other document, either filed or requested pursuant to this Ordinance, or who falsifies,tampers with,or knowingly renders inaccurate any monitoring device or method required or used by the Administrator under this Ordinance in monitoring discharges,shall be guilty or liable for a violation of this Ordinance. Section 165-204.02. Complaints. A. Whenever a violation of this Ordinance occurs or is alleged to have occurred,any person may make a complaint to the Zoning Administrator, stating fully the case and basis of the complaint. The Zoning Administrator shall record such complaint immediately and investigate and take action as provided by this Ordinance. B. The Zoning Administrator may enter upon or inspect any land or structure to ensure compliance with the provisions of this Ordinance, after requesting and receiving approval of the landowner to enter for these purposes. If consent is not given by the landowner, the Zoning Administrator may enter upon land in accordance with Code of Virginia§ 15.2-2286(A)(16). Section 165-204.03. Notice of Violation. A. When the Zoning Administrator determines that a violation has occurred, a notice of the violation shall be sent to the person committing or permitting the violation. B. The notice of violation shall specify: (1) The nature of the violation; (2) A reference to the pertinent Section or Sections of this Ordinance; (3) The date or dates on which the violation was observed; (4) The remedy or remedies necessary to correct the violation,if provided by this Ordinance; (5) A reasonable time period for the correction of the violation, which shall be no more than 24 months nor less than 30 days,unless a shorter time is required for good cause; (6) A statement informing the recipient that they may have a right to appeal the notice of zoning violation or written order within 30 days in accordance with the Code of Virginia§ 15.2-2311; and (7) That the decision is final and unappealable if not appealed within 30 days. C. The interpretation of the Zoning Administrator that a violation has occurred may be appealed to the BZA following procedures set forth in Article III,Part 311, of this Ordinance.An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the BZA that by reason of facts stated in the certificate a stay would,in his or her opinion,cause imminent peril to life or property. If such a certificate is filed, proceedings shall not be stayed otherwise than by a restraining order entered by the BZA or by a court of record, on application and notice to the Zoning Administrator and for good cause shown. II-3 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-204.04. Remedies and Penalties of Violation. A. If the violation continues after the time period specified in the notice of violation to come into compliance expires, the Zoning Administrator may initiate injunction, mandamus or any other appropriate action to ensure compliance with this Ordinance, pursuant to Code of Virginia § 15.2- 2208. B. The remedies provided in the penalties sections below are cumulative, not exclusive, and shall be in addition to any other remedies provided by law. (1) Civil Penalties.The Board of Supervisors may adopt an ordinance which establishes a uniform schedule of civil penalties for violations of specific provisions of this Ordinance according to the provisions of the Code of Virginia,as amended. i. Such schedule of offenses shall not include any zoning violation resulting in injury to any person or persons. ii. The civil penalty shall be a fine established by the schedule. The fine shall be in lieu of criminal sanctions,and except for any violation resulting in injury to any person or persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor. iii. Any person summoned for a violation subject to a civil penalty may provide a waiver of trial and admission of liability and pay the civil penalty to the County Treasurer. Notwithstanding such payment,the person summoned must abate or remedy the violation within the lesser of the period set forth in any notice of violation issued by the Zoning Administrator relating to the violation or 30 days after the date of admission of liability. iv. Such person shall be informed of their right to stand trial and that an admission of liability will have the same effect as a judgment of the court. a. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admission of liability, the violation shall be tried in the General District Court as provided for by law. b. An admission of liability or finding of liability shall not be a criminal conviction. (2) Criminal Penalties. i. Any person who violates any provision of this Ordinance or who uses land or constructs or alters structures in a fashion that is not in conformance with the requirements and procedures in this Ordinance shall be guilty of a misdemeanor. a. Upon conviction of such misdemeanor, such person(s), firm or corporation shall be subject to punishment by a fine of not less than $10 nor more than $1,000. ii. If this violation is uncorrected at the time of conviction, the court shall order the violator to abate or remedy such violation in compliance with the Zoning Ordinance,within a time period established by the court. iii. Failure to remove or abate a zoning violation within a specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000; any such failure during a succeeding ten-day period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,500; and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than $10 nor more than $2,000, in accordance with Code of Virginia§ 15.2-2286(A)(5). II-4 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE iv. Criminal penalties for violations of provisions regulating unrelated persons in single- family residential dwellings shall be in accordance with Code of Virginia § 15.2- 2286(A)(5). Part 205. Fees. Section 165-205.01. Fees and Charges. A. The Board of Supervisors shall establish, by ordinance, a uniform schedule of fees, charges, expenses and collection procedures for rezonings, conditional use permits, variances, site plan reviews, zoning use permits, temporary use permits, certificates of occupancy, certificates of appropriateness, appeals, and all other matters pertaining to this Ordinance. B. The schedule of fees will be available for inspection in the office of the Zoning Administrator and may be altered or amended by the Board of Supervisors by ordinance. II-5 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Article III. Permits and Applications. Part 301. In General. Section 165-301.01. Preapplication Conference. A. Prior to submission of an application for a Master Development Plan (MDP), rezoning, or Conditional Use Permit(CUP),the Department of Planning and Development staff may require,or an applicant may request, a preapplication conference. The purpose of the preapplication conference is to: (1) Review and discuss the nature of the proposal in relation to the requirements of the County Code and to discuss the preparation of a MDP,rezoning,or CUP application; (2) The proposed development and the necessary application materials; (3) Which agency review will be needed; and (4) Whether a review by the Historic Resources Advisory Board (HRAB)is needed. B. If required, the applicant shall provide a land use plan at the preapplication conference which describes the following: (1) The general location of the site; (2) The general location of proposed roads; (3) The general location and types of proposed uses, environmental features on the site, housing types or open space; and (4) The uses on adjoining properties. Section 165-301.02. Application Forms. Applications for Site Plans, MDPs, Variances, CUPS, Certificates of Appropriateness (COA), Zoning Permits,or amendments to the Ordinance or Official Zoning Map and any other request requiring action shall be made on forms provided by the Zoning Administrator. Section 165-301.03. Application Fees, Delinquent Taxes, and Charges. A. Every application or reapplication shall be accompanied by a fee as established by a fee schedule separately adopted by the Board of Supervisors. B. Pursuant to Code of Virginia § 15.2-2286, every application shall include proof that all property taxes due and payable to the County are paid and that no delinquent taxes are outstanding. Section 165-301.04. Ownership Disclosure. A. Pursuant to Code of Virginia§ 15.2-2289,the Board of Supervisors,the Planning Commission, and the Board of Zoning Appeals(BZA)may require from an applicant for rezoning, a CUP,or variance a complete disclosure of the equitable ownership of the real estate for which the application has been made including,in the case of corporate ownership,the name of stockholders,officers, and directors and in any case the names and address of all real parties in interest. III-1 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) However, listing of names of stockholders,officers and directors shall not apply to a corporation whose stock is traded on a national or local stock exchange and which has more than 500 shareholders. In the case of a condominium,this requirement only applies to the title owner, contract purchaser, or lessee of 10%or more of the units in the condominium. Section 165-301.05. Minimum Submission Standards. A. The Director of Planning and Development and Zoning Administrator shall develop application forms and establish minimum standards for submission requirements of all applications associated with the Zoning Ordinance. Applications shall contain all information required to meet the minimum standards. B. Upon written request by an applicant, the Director of Planning and Development or Zoning Administrator may waive or modify a submission requirement(s),except for processing and review fees, upon a determination that the information is not necessary to evaluate the merits of the application. Such waivers or modifications are for application requirements only and do not include variances or modifications from district or use standards. C. Additional information may be required as deemed reasonably necessary by the Zoning Administrator or Director of Planning and Development in order to fully evaluate an application. Section 165-301.06. Reconsiderations. A. The following shall apply for all zoning text and map amendments,conditional zonings,CUPS,and variance applications: (1) If denied by the Board of Supervisors, Planning Commission, or BZA, then such application, or one (1) substantially similar, shall not be reconsidered sooner than 12 months from the date of the previous denial. (2) If denied by the BZA, then such application, or one (1) substantially similar, shall not be reconsidered sooner than 12 months after the previous denial. B. The limits on reconsideration shall not impair the right of either the Planning Commission or the Board of Supervisors to propose any amendment to this Ordinance on their motion at any time. Part 302. Zoning Text and Map Amendments. Section 165-302.01. In General. Pursuant to Code of Virginia § 15.2-2286 (A)(7),whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Board of Supervisors may, from time to time, amend, supplement or change, by ordinance, the boundaries of the Zoning Districts or the provisions of this Ordinance. Section 165-302.02. Standards and Procedures. A. Initiation of Change. Pursuant to Code of Virginia § 15.2-2286 (A)(7), any zoning text or map amendment(rezoning)may be initiated by one (1)of the following methods: (1) By resolution of the Board of Supervisors; (2) By motion of the Planning Commission; or (3) By petition of the owner,contract purchasers with the owner's consent,or by the owner's agent for the property which is the subject of a proposed rezoning. III-2 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE B. Impact Analysis. (1) A report analyzing the impacts of any rezoning shall be required to be submitted by the applicant with any rezoning application. The Director of Planning and Development may exempt rezoning applications from this requirement if the application is for less than five (5) acres and if no significant impacts are anticipated. (2) The impact analysis must include all information required in the application form, in addition to any other information the Director of Planning and Development deems reasonably necessary to evaluate the potential impacts of the proposed rezoning. (3) The impact analysis shall be in the form of a report meeting standards set forth in the Comprehensive Plan and standards established by the Director of Planning and Development. (4) In general,the impact analysis shall assume the maximum density or intensity of development allowed under the rezoning classification.Lesser densities or intensities may be assumed if such lesser densities or intensities are proffered as conditions on the rezoning. (5) The impact analysis may be based on a Master Development Plan or Site Plan only if the Plan is proffered as a condition of the rezoning. (6) If cash proffers are proposed, the impact analysis should address the factors set forth in Code of Virginia §§ 15.2-2298 and 15.2-2303.4. C. Standards for Review. (1) As soon as a complete application and fees have been received, the Director of Planning and Development shall advertise the application for a public hearing at the next available Planning Commission meeting in accordance with the requirements of the Code of Virginia and of this Ordinance. (2) The Planning Commission shall hold at least one (1) public hearing on any proposed amendment after notice as required by Code of Virginia § 15.2-2204 and this Ordinance and may recommend appropriate changes in the proposed amendment as a result of such hearing. (3) Upon completion of its work,the Planning Commission shall present the proposed amendment to the Board of Supervisors,together with its recommendations and the appropriate explanatory materials, within 100 days after the first Planning Commission meeting following the referral of the amendment to the Planning Commission,unless a shorter period is directed by the Board of Supervisors. Failure of the Planning Commission to make a report and recommendation within this time period shall be construed as a recommendation of approval of the proposed amendment. (4) Before approving and adopting any amendment, the Board of Supervisors shall hold at least one (1) public hearing, pursuant to Code of Virginia § 15.2-2285, after which the Board of Supervisors may make appropriate changes or corrections in the proposed amendment, subject to the following: i. The Board shall act on rezoning petitions within 12 months after the time when the petition was received by the Zoning Administrator. D. Standards for Review for R4 and R5 Districts.In addition to A.through C.,above,the following apply to rezonings to the R4, Residential Planned Community and R5, Residential Recreational Community Districts. (1) The rezoning shall be reviewed and approved following the rezoning procedures described by this Article,including procedures for impact analysis and conditional zoning. III-3 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (2) In order to have land rezoned to an R4 or R5 District, a MDP meeting all requirements of Part 306 of this Article shall be submitted with the rezoning application. i. In adopting the rezoning,the MDP submitted may be accepted as a condition proffered for the rezoning. ii. The MDP review procedures described by Part 306 of this Article shall also be completed concurrently with or following consideration of the rezoning. (3) An impact analysis, as required by this Article, shall be used to evaluate all potential impacts, including impacts on surrounding lands,the environment and on public facilities and services. (4) The MDP shall provide for land and easements to be dedicated in residential recreational community developments for public roads and public facilities necessary to serve the development. (5) The Board of Supervisors may approve the addition of land to an approved recreational residential community through the procedures set forth in this Article for the original approval of a residential recreational community development. III-4 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure 11I-1 —Rezoning Process. Pre-Application Meeting Applicant meets with Planning and Development staff to discuss proposal. Preliminary Submission County staff distributes for agency comments,proffer review, and staff review. Refinement,if needed Applicant refines application based on initial review and comments. Formal Submission Full application including agency comments and any proffers formally filed with the Department of Planning and Development and fee(s)paid. PC Public Hearing Notice Application is advertised for Planning Commission hearing. PC Public Hearing Planning Commission holds hearing and makes a recommendation. BOS Public Hearing Notice Application is advertised for Board of Supervisors hearing. BOS Public Hearing Board of Supervisors holds hearing and makes a decision. Rezoning Approved Rezoning Denied 111-5 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Part 303. Conditional Zoning. Section 165-303.01. Purpose and Intent. Conditional zoning provides a method for permitting the reasonable and orderly development of land through zoning map amendments with reasonable conditions governing the use and development of such property. As authorized under Code of Virginia §§ 15.2-2296 through 15.2-2303.4, reasonable conditions may be voluntarily proffered for the protection of the community when combined with existing Zoning Ordinance provisions.The exercise of authority will not be construed to limit or restrict powers otherwise granted nor to affect the validity of any Ordinance adopted by the Board of Supervisors which would be valid without regard to this division.In addition,the provisions of this Part may not be used for the purpose of discrimination in housing. Section 165-303.02. Standards and Procedures. A. Standards. (1) The applicant for a rezoning may proffer in writing,before the public hearing by the Board of Supervisors,conditions to be placed on the approval of the rezoning. (2) Proffers shall be submitted in writing and signed by the owner and applicant at least five(5)days prior to the advertised hearing of the Board of Supervisors. (3) The conditions proffered shall meet the following standards: i. The rezoning itself shall give rise to the need for the conditions; ii. Such conditions shall have a reasonable relation to the rezoning; and iii. All conditions shall be in conformity with the Comprehensive Plan. (4) All proffers shall be in a written form suitable for recordation in the land records of Frederick County. B. Procedures. Proffers should be presented to and considered by the Planning Commission at the advertised public hearing for the rezoning. The Planning Commission shall make a recommendation on the acceptance of any proffers and the rezoning to the Board of Supervisors following the procedures described in Part 302 of this Article. C. Cash Proffers.As provided in Code of Virginia § 15.2-2298, reasonable conditions proffered in connection with a rezoning may include the payment of cash for any off-site road improvement or any off-site transportation improvement that is adopted as an amendment to the Comprehensive Plan and incorporated into the County capital improvements program (CIP), provided that such proffers may be accepted for matters not normally included in a CIP. Section 165-303.03. Amendments and Variations Prior to Final. A. Prior to Final Decision. The Board of Supervisors may accept amended proffers prior to final decision if they: (1) Do not affect the conditions of use or density in such a way as to make the use or density of the property more intense than originally proposed. (2) Do not materially affect the overall proposal and are made voluntarily, and in writing,prior to the end of the public hearing by the Board of Supervisors on the rezoning request. B. Amendments after Approval. Once the Board of Supervisors has approved proffered conditions, no material amendment or variation of such adopted conditions will be made until public hearings, III-6 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE in accordance with Part 312 of this Article have been held before the Board of Supervisors and the Planning Commission. C. Waiver of Public Hearings for Minor Changes.In accordance with Code of Virginia§ 15.2-2302, when an amendment to a previously approved proffered condition is requested by the applicant, and where such amendment does not affect conditions of use or density,the Board of Supervisors may, in its discretion, waive the requirements for Planning Commission referral and a public hearing before either the Planning Commission or itself. Section 165-303.04. Effect of Condition; Period of Validity. A. Once accepted and adopted by the Board of Supervisors,proffered conditions may only be changed through the procedures required for amendments as described by this Article. B. Pursuant to Code of Virginia§ 15.2-2297,once proffered and accepted as part of an amendment to the Zoning Ordinance,proffered conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions. However, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance. C. In the event proffered conditions include a requirement for dedication of real property of substantial value,or substantial cash payments for or construction of substantial public improvements,the need for which is not generated solely by the rezoning itself,then no amendment to the zoning map for the property such to such conditions, nor the conditions themselves, nor any amendments to the text of this Ordinance with respect to the applicable zoning district that are initiated by the Board of Supervisors or the Planning Commission, which eliminate or materially restrict, reduce, or modify the uses, floor area ratio, or the density of use permitted in the applicable zoning district shall be effective with respect to the property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare. D. Proffered conditions relating to new residential development shall comply with Code of Virginia § 15.2-2303.4. Section 165-303.05. Record of Conditional Zoning. A. If the Board of Supervisors approves proffered conditions as part of a rezoning, the Zoning Administrator shall record such conditional zoning as part of the maintained Conditional Zoning Index, in accordance with Code of Virginia§ 15.2-2300. B. Frederick County shall expend, track, and monitor all cash proffers in accordance with Code of Virginia § 15.2-2303.02. Section 165-303.06. Enforcement of Conditions. A. Pursuant to Code of Virginia § 15.2-2299, the Zoning Administrator shall enforce the conditions proffered in connection with a rezoning, in accordance with Article II,Administration, Part 204, Enforcement, of this Ordinance. (1) The Board of Supervisors may require a guaranty, satisfactory to the Board, in an amount sufficient for the construction of any improvements required by the conditions, or may accept a contract for the construction of such improvements.The applicants'guaranty shall be reduced or released by the Zoning Administrator upon the completion, in whole or in part, of such improvements. III-7 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (2) Failure to meet or comply with any such conditions shall be sufficient cause to deny the approval of Site Plans, Subdivision Design Plans, or the issuance of building permits, occupancy permits or other permits or licenses,as may be appropriate. B. In lieu of any appeal procedure for determinations of the Zoning Administrator to the BZA as otherwise set forth, appeals of decisions of the Zoning Administrator concerning enforcement under this section shall proceed as follows: (1) Any applicant or any other person aggrieved by a decision of the Zoning Administrator under this section may petition the Board of Supervisors for review of such decision by filing a petition for review with the Zoning Administrator and the Clerk of the Board of Supervisors within 30 days after the date of the decision for which review is sought.A decision of the Board of Supervisors on an appeal under this subsection shall be binding upon the owner of the property only if the owner has been provided written notice of the zoning violation, written determination,or other appealable decision. (2) Any party aggrieved a decision of the Board of Supervisors under this subsection may petition the Circuit Court of the County to review the decision of the Board of Supervisors within 30 days after such decision. Part 304. Conditional Use Permits. Section 165-304.01. Intent and Applicability. A. In accordance with Code of Virginia § 15.2-2286, certain uses in each zoning district are listed as being allowed with a Conditional Use Permit(CUP),in accordance with Article VI,Use Matrix,of this Ordinance. B. Conditional uses are uses which have or may have a greater impact on neighboring properties or the public than those uses permitted in the district as a matter of right. Such uses may be permitted only if its impacts can be adequately mitigated through the imposition of conditions upon the use. Pursuant to Code of Virginia § 15.2-2286(A)(3), the Board of Supervisors hereby reserves unto itself the power to act upon applications for CUPS. Section 165-304.02. Standards and Procedures. A. Standards. In considering whether to approve a CUP, the Board of Supervisors shall consider the following standards: (1) The conditional use shall not tend to change the character and established pattern of development of the area of the proposed use. (2) The conditional use shall be in harmony with and shall not adversely affect the use and enjoyment of surrounding properties. (3) The conditional use shall be in accord with the policies expressed in the Comprehensive Plan of the County and with the intent of this Ordinance. (4) The conditional use shall not adversely affect the natural character and environment of the County. (5) The CUP shall be approved only if adequate facilities, roads, safe access, drainage, and other infrastructure exist or are provided. (6) The conditional use shall conform with all applicable regulations of the district in which it is located. III-8 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE B. Application.Procedures for applying for and approving a CUP shall be the same as those described in Section 165-302.02, above. (1) The Zoning Administrator may require that the application for a CUP be accompanied by a Site Plan in order to provide sufficient information to allow full consideration by the Planning Commission and Board of Supervisors. (2) Site Plan requirements may be waived by the Zoning Administrator in accordance with Section 165-301.05.B. C. Types of Conditions. In granting a CUP, the Board of Supervisors may place appropriate conditions on the permit, subject to the following requirements: (1) Conditions shall be reasonably related to the proposed use and reasonably necessary to address the impacts of that specific application. (2) Conditions shall not be arbitrary or unrelated to the proposed development or use and must be warranted by the circumstances of the particular case, in accordance with Code of Virginia § 15.2-2286. (3) Such conditions shall be considered to be a part of the requirements of this Ordinance; violations of the established conditions shall constitute violations of this Ordinance. (4) Where the applicant proposed affordable housing, conditions must be consistent with the objective of providing affordable housing. When imposing conditions on residential projects specifying the materials and methods of construction or specific design features, the Board shall consider the impact of such conditions upon the affordability of housing. (5) A period of validity of the CUP,provided however that in the case of residential projects, the period of validity shall be not less than three (3)years. Section 165-304.03. Effect of Decision; Period of Validity. A. After approval of a CUP by the Board of Supervisors, any change in the use for which the CUP was granted shall require a new CUP following the procedures set forth in this Article. B. The conditions established as a part of the approval of a CUP may be modified only through the full application procedures described in this Article. C. Following recommendation by the Planning Commission,the Board may deem an approved CUP void for failure to establish the approved conditional use if such use has not been established within three (3)years of approval. Section 165-304.04. Revocations. A. The Board of Supervisors may, by resolution, initiate the revocation of any active CUP, in accordance with the procedure for a new CUP,in accordance with Section 165-304.03, above. B. Following recommendation by the Planning Commission, after notice and hearing as provided in Part 312 of this Article and in accordance with Code of Virginia§ 15.2-2204,the Board may revoke an active CUP for the following reasons: (1) Repeated or continuing violations of this Ordinance, including violations of the conditions placed on the CUP; (2) Fraudulent,false,or misleading information supplied by the applicant in applying for the CUP; or (3) If the conditional use has been discontinued for two (2)years. III-9 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure III-2 — Conditional Use Permit Process. Pre-Application Meeting Applicant meets with Planning and Development staff to discuss proposal. Preliminary Submission County staff distributes for agency comments and staff review. Refinement,if needed Applicant refines application based on initial review and comments. Application Submitted Full application including agency comments-formally filed with the Department of Planning and Development and fee(s)paid. PC Public Hearing Notice Application is advertised for Planning Commission hearing. PC Public Hearing Planning Commission holds hearing and makes a recommendation. BOS Public Hearing Notice Application is advertised for Board of Supervisors hearing. BOS Public Hearing Board of Supervisors holds hearing and makes a decision. CUP Granted CUP Denied with or without conditions III-10 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Part 305. Variances. Section 165-305.01. Purpose and Intent. Pursuant to Code of Virginia § 15.2-2309, the purpose of a variance is to allow for a reasonable deviation from the provisions of this Ordinance regulating the shape, size, or area of a lot or parcel of land or the size,height, area, bulk, or location of a building or structure when the strict application of the Ordinance would unreasonably restrict the utilization of the property, other relief or remedy is not available, such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the Ordinance. Section 165-305.02. Standards and Procedures. A. Authority.Pursuant to Code or Virginia§ 15.2-2309,the BZA is authorized to review applications for variances,if the applicant meets its burden and provides evidence that the application meets the standard for a variance and the criteria set out in this Ordinance. B. Conditions. In granting a variance, the BZA may impose such conditions regarding the location, character,and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guaranty or bond to ensure that the conditions imposed are being and will continue to be complied with. C. Standards for Application and Review. (1) Applications for variances shall be made to the Zoning Administrator in accordance with rules adopted by the BZA. i. Pursuant to the Code of Virginia § 15.2-2310, applications for variances may be made by any property owner,tenant, government official,department,board, or bureau. ii. Plans,maps and other application materials shall be provided by the applicant as required. (2) Pursuant to Code of Virginia § 15.2-2310, variances shall be promptly transmitted to the BZA for public hearing. i. The Zoning Administrator shall also transmit a copy of the application to the Planning Commission, which may send a recommendation to the BZA or appear as a party at the hearing. (3) No variance shall be granted until after notice and a public hearing is held according to the requirements of Code of Virginia § 15.2-2304 and Part 312 of this Article. (4) The BZA shall only grant a variance if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the Ordinance, and: a. The property interest for which the variance is being requested was acquired in good faith; b. Any hardship was not created by the applicant for the variance; c. The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area; d. The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance; III-11 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE e. The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and f The relief or remedy sought by the variance application is not available through a CUP process or the process for modification of a Zoning Ordinance, as provided in Parts 302 and 304 of this Article. (5) Any variance granted to provide a reasonable modification to a property or its improvements requested by, or on behalf of, a person with a disability may expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of State and Federal fair housing laws,or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable. If a request for a reasonable modification is made to a locality and is appropriate under the provisions of State and Federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable, such modification request shall be granted by the locality unless a variance from the BZA under this Section is required in order for such request to be granted. Section 165-305.03. Variances from Floodway District Regulations. A. General. (1) No variance shall be granted for any proposed use, development or activity within any Floodway District that will cause any increase in the 1% annual chance flood elevation. i. The BZA shall notify the applicant for a variance, in writing,that the issuance of a variance to construct a structure below the 1% annual chance flood elevation: a. Increases the risks to life and property;and b. Will result in increased premium rates for flood insurance. (2) No variance shall be granted for an accessory structure exceeding 600 sq. ft. (3) The BZA may refer any application and accompanying documentation pertaining to any request for a variance to the Floodplain Administrator or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters. (4) A record shall be maintained of the above notification,pursuant to A.(I)i., above,as well as all variance actions, including justification for the issuance of the variances. (5) Any variances that are issued will be noted in any report submitted to FEMA. B. Determinations. Variances shall be issued only after the BZA has determined: (1) That the variance will be the minimum required to provide relief, (2) A showing of good and sufficient cause; (3) That failure to grant the variance would result in exceptional hardship to the applicant; and (4) That the granting of such variance will not result in: i. Unacceptable or prohibited increases in flood heights; ii. Additional threats to public safety; in. Extraordinary public expense; and will not iv. Create nuisances; V. Cause fraud or victimization of the public; or III-12 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE vi. Conflict with local laws or ordinances. C. Factors. In addition to satisfying all relevant factors and procedures specified in Section 165- 305.02 B. above, as well as A. and B. of this Section, the BZA shall consider the following additional factors: (1) The danger to life and property due to increased flood heights or velocities caused by encroachments; (2) The danger that materials may be swept on to other lands or downstream to the injury of others; (3) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions; (4) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; (5) The importance of the services provided by the proposed facility to the County; (6) The requirements of the facility for a waterfront location; (7) The availability of alternative locations not subject to flooding for the proposed use; (8) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (9) The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area; (10) The safety of access by ordinary and emergency vehicles to the property in time of flood; (11) The expected heights,velocity,duration,rate of rise and sediment transport of the floodwaters expected at the site; (12) The historic nature of a structure; and i. Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (13) Such other factors which are relevant to the purposes of this Article. D. Limitations. (1) While the granting of variances generally is limited to a lot size less than 1/2 acre, deviations from that limitation may occur. i. However, as the lot size increases beyond 1/2 acre, the technical justification required for issuing a variance increases. ii. Variances may be issued by the BZA for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this Article V,Part 503. (2) Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that the criteria of this Article V,Part 503 are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. III-13 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-305.04. Effect of Decision; Period of Validity. A. Issuance of a variance shall authorize only the particular variance that is approved. A variance, including any conditions, shall run with the land, and not be affected by a change in ownership unless otherwise provided in the conditions. B. Use or development authorized by the variance shall not be carried out until the applicant has secured all other permits required by this Ordinance or any other applicable Ordinances and regulations of the County. A variance, in itself, does not ensure that the development approved through said permit will receive subsequent approval for any other necessary applications for permit or development approval. Figure III-3 —Variance Process. Application Submitted Application filed with Department of Planning and Development and fee(s) paid. BZA Public Hearing Notice Application is advertised for Board of Zoning Appeals hearing. BZA Public Hearing Board of Zoning Appeals holds hearing and makes a decision. Variance Variance Granted Denied Part 306. Master Development Plans. Section 165-306.01. Intent. A. The purpose of a Master Development Plan (MDP)is to promote orderly and planned subdivision and development of property within Frederick County. It is the purpose of the MDP to ensure that such development occurs in a manner that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. III-14 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE B. The MDP shall be used to illustrate the characteristics of the property proposed for subdivision and/or development and of surrounding properties and ensure that the requirements of the County Code have been satisfied. Section 165-306.02. When Required. A. As provided in Section 165-306.06, below, an MDP must be administratively approved by the Director of Planning and Development and the County Administrator prior to any subdivision or development of property in all zoning districts except for the RA,Rural Areas District. B. The MDP shall include the subject property proposed for subdivision or development as well as all contiguous land under common ownership in all zoning districts except for the RA, Rural Areas District. Section 165-306.03. Waivers. A. General. (1) The Director of Planning and Development may waive the requirement for submission and approval of a MDP in the identified zoning districts, if the proposed property for subdivision or development: i. Is not an integral portion of a larger property or group of adjacent properties under common ownership proposed or planned for future development or subdivision; ii. Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and iii. Does not substantially affect the purpose and intent of its zoning district and the intent of this Ordinance. iv. An MDP may also be waived if the applicant chooses to process a Site Plan in lieu of an MDP. The Site Plan shall contain all information generally required on an MDP and a Site Plan. B. RP,R4,R5, and MM Districts. In addition to A, above, a waiver of the requirement for an MDP in the RP, R4, R5, and NMI District may also be granted if the proposed property for subdivision or development contains 10 or fewer single-family detached rural traditional, single-family detached traditional or single-family detached urban dwelling units (all other permitted housing types shall require an MDP). C. M1,M2,EM,and TM Districts. In addition to A, above,a waiver of the requirement for an MDP in the M1, M2, EM, and TM District may be granted if the proposed property for subdivision or development: (1) Includes no new streets, roads or rights-of-way, does not further extend any existing or dedicated street, road, or rights-of-way and does not significantly change the layout of any existing or dedicated street,road or rights-of-way; and (2) Does not propose any stormwater management system designed to serve more than one (1)lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one (1)lot. III-15 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE D. B1, B2, B3, MS and HE Districts. In addition to A, above, a waiver of the requirement for an MDP in the B 1, B2, B3, MS, and HE Districts may be granted if the proposed property for subdivision or development: (1) Contains less than five (5) acres if in the B1 District, and less than 10 acres if in the B2, B3, MS or HE District; (2) Includes no new streets, roads, or rights-of-way, does not further extend any existing or dedicated street and does not significantly change the layout of any existing or dedicated street; and (3) Does not propose any stormwater management system designed to serve more than one (1)lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one (1)lot. Section 165-306.04. Contents of Master Development Plans. A. All Districts. The following items shall be required for MDPs in all zoning districts.All required items shall be shown clearly on the MDP. (1) The scale shall be one (1)inch equals 100 feet or larger(the ratio of feet to inches shall be no more than 100 feet to one (1) inch) or at a scale acceptable to the Director of Planning and Development. The scale shall be sufficient so that all features required to be shown are discernible. (2) No sheet shall exceed 42 inches in size unless approved by the Director of Planning and Development. If the MDP is prepared on more than one (1) sheet, match lines shall clearly indicate where the sheets join. (3) All MDPs shall include a North arrow, a scale and a legend describing all symbols. (4) A boundary survey of the entire property related to true meridian and certified by a certified Virginia surveyor, architect or engineer,with all dimensions in feet and decimals of feet. (5) The total area of the property shall be specified on the MDP. (6) The topography shall be shown at contour intervals acceptable to the Director of Planning and Development. (7) The title of the proposed project; the date, month, year the plan was prepared or revised; the name of the applicant(s), owner(s) and contract owner(s); and the names of the individuals or firms preparing the plan shall be clearly specified. (8) A schedule of phases,with the approximate location of phase boundaries and the order in which the phases will developed. (9) All existing,approved or planned public roads,streets or rights-of-way on the projector within 2,000 feet of the boundaries of the project. (10) Any approved proffers associated with the property. III-16 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (11) The location and treatment proposed for all historical structures and sites recognized as significant by the Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County. (12) A history of all land divisions that have occurred in relation to the tract since the adoption of the requirement for an MDP. (13) The approximate location of sewer and water mains with statements concerning the connection with and availability of existing facilities. (14) The ownership and use of all adjoining parcels,including parcels across rights-of-way. (15) Description of any changes in use or structure made since approval of any prior MDP for the property. (16) An approval block and signature lines for the Director of Planning and Development. B. RP, R4, R5, and MM Districts. All MDPs for development in the RP, R5, and MH1 Districts shall contain a Conceptual Plan, showing the location and functional relationship between all proposed housing types and land uses,including the following information: (1) A land use plan,showing the location,arrangement and approximate boundaries of all proposed land uses; (2) The approximate acreage in common open space, in each use and housing type and in roads, streets or rights-of-way for each phase and the total development; (3) The location and approximate boundaries of proposed housing types conceptually shown in accordance with residential performance dimensional requirements; (4) The proposed number of dwelling units of each type in each phase and in the total development; (5) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes and woodlands; (6) The location of environmental protection land to be included in common open space; (7) The approximate acreage of each type of environmental protection land, the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in common open space; (8) The amount, approximate boundaries and location of common open space,with the percentage of the total acreage of the site to be placed in common open space; (9) The location and general configuration of recreational facilities,with a general statement of the types of recreational facilities to be provided; (10) The location and extent of proposed buffers, with statements, profiles, cross sections or examples clearly specifying the screening to be provided; (11) The proposed location, arrangement, and right-of-way widths of roads and streets, including roads and streets providing access to adjoining parcels, shall be in accordance with Article VIII, Part 804; III-17 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (12) The location and arrangement of street entrances, driveways and parking areas; (13) A conceptual plan for stormwater management with the location of stormwater facilities designed to serve more than one (1)lot; (14) Calculations describing all proposed bonus factors with the location of and specifications for bonus improvements,when proposed; and (15) An approval block and signature lines for the Director of Planning and Development. C. HE,MS,B1,B2,B3,TM,EM,M1,and M2 Districts.All MDPs for development in the HE,MS, B 1,B2,B3,TM, EM,M1, and M2 Districts shall contain a Conceptual Plan, showing the location and functional relationship between streets and land uses, including the following: (1) A conceptual plan, showing the location and arrangement of proposed uses; (2) The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater detention areas, steep slopes and woodlands, as defined, and the approximate acreage of each type of environmental feature, including the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in open or landscaped areas; (3) The proposed location and arrangement of all proposed and existing utility systems; (4) The location and arrangement of existing and proposed public or private roads, existing or proposed entrances, and driveways from existing and proposed public or private streets; (5) A Conceptual Plan for stormwater management and description and the location of all stormwater facilities designed to serve more than one (1)parcel; (6) The location and extent of proposed buffers required by this Ordinance, with statements, profiles, cross sections or examples clearly specifying the screening to be provided; and (7) An approval block and signature lines for the Director of Planning and Development. Section 165-306.05. Preliminary Master Development Plan Submission. A. A preliminary MDP shall be submitted to the Director of Planning and Development. B. An MDP may be submitted with an application for a rezoning but shall not be considered binding until approval of a final MDP. C. Applicants shall submit the number of copies of the preliminary MDP to the Department of Planning and Development specified by the MDP application,together with completed application materials required by the Department of Planning and Development. (1) Applicants shall address approval comments on the proposed development from various review agencies or departments as required by the Department of Planning and Development. (2) The submission shall be complete when the plans, application materials, and review agency approval comments have been received by the Director of Planning and Development. Section 165-306.06. Final Master Development Plan Submission. A. The final MDP shall conform to all requirements of the County Code. III-18 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE B. Applicants shall submit copies of the Final MDP to the Department of Planning and Development. (1) The Director of Planning and Development shall specify the number of copies required for purposes of application and subsequent review. (2) Final approval of the final MDP shall be given by the Director of Planning and Development and the County Administrator. C. The Director of Planning and Development shall approve the final MDP if all requirements of the County Code and all review agencies have been met. D. An MDP shall not be considered final and approved until it is signed by the Director of Planning and Development and the County Administrator. Section 165-306.07. Changes to Approved Master Development Plan. Changes to an approved MDP shall occur only after review by the Department of Planning and Development using the procedures required for the approval of a new MDP. III-19 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure III-4 —Master Development Plan Review Process. Pre-Application Conference Applicant meets with Planning and Development staff to discuss proposal. Technical Review Committee (TRC) Conference Optional meeting with the TRC to discuss proposal. Application Submitted Master Development Plan and application formally filed with Department of Planning and Development and fee(s)paid. Staff Review County staff reviews Master Development Plan and distributes materials to agencies for comment. Refinement, if needed Applicant revises Master Development Plan, as applicable, to address comments. Second Submittal,if needed Applicant submits revised Master Development Plan to the Department of Planning and Development. Final Approval Master Development Plan approved by Director of Planning and Development and County Administrator. Part 307. Site Plans. Section 165-307.01. Purpose and Intent. The purpose of this part is to promote the orderly development of certain activities in the County and to ensure that such activities are developed in compliance with this Ordinance and other applicable regulations and in a manner harmonious with surrounding properties and in the interest of the general health, safety, and welfare of the County. III-20 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-307.02. Applicability. A. General. (1) In order to ensure that the requirements of this Ordinance have been met, a Site Plan is required for the following uses: i. Any use in the business or industrial zoning districts,and the EM,MS,or HE District(s). ii. Any nonresidential uses with automobile parking spaces. In. Any of the following residential uses not required to submit a Subdivision Design Plan for approval: a. Multiplexes. b. Townhouses;back-to-back townhouses. c. Garden apartments. d. Multifamily residential buildings. e. Age-restricted multifamily housing. f. Other allowed multifamily residential uses.. g. Manufactured home parks. iv. Convalescent and nursing homes. V. Public and semipublic uses and buildings. vi. Required landscaped buffers and landscaped screens. vii. Required recreational facilities. viii. Any parcel of land proposed to contain more than one (1) dwelling unit, except those residential units allowed as agricultural accessory uses. ix. Nonresidential uses permitted in the RP,R4, and R5 Districts. X. The use, change of use, or construction of any improvement or facility that must be reviewed by the Planning Commission to determine conformance with the Comprehensive Plan under Code of Virginia§ 15.2-2232. (2) The Zoning Administrator may require a Site Plan or Illustrative Sketch Plan to be submitted with an application for a CUP, or any use specified under Article VII,Additional Regulations for Specific Uses,of this Ordinance. (3) No permit shall be issued for the construction of any building or improvement on the site of any of the above uses until the Site Plan or Illustrative Sketch Plan is approved. B. Exemptions. All nonbusiness or nonindustrial uses in a residential subdivision shall submit a Subdivision Design Plan, as required in the Frederick County Subdivision Ordinance, instead of a Site Plan. III-21 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE C. Type of Site Plan. Site Plans are either a Site Plan, a Minor Site Plan, or an Illustrative Sketch Plan, as specified below. (1) Site Plans. Site Plans are required as provided in A, above. (2) Minor Site Plans. Minor Site Plans may be submitted in lieu of a full Site Plan for additions to existing sites.A Minor Site Plan shall constitute a revision that increases an existing structure area by 20%or less and does not exceed 10,000 sq. ft.of disturbed area. (3) Illustrative Sketch Plans.An Illustrative Sketch Plan may be submitted in lieu of a Site Plan for farm wineries, farm breweries, and farm distilleries,or if required as part of a CUP. Section 165-307.03. Site Plan Contents, Generally. A. Site Plans and Illustrative Sketch Plans. (1) All Site Plans and Illustrative Sketch Plans shall: i. Be clearly legible and drawn at a scale acceptable to the Zoning Administrator; and ii. Include three (3)general sections: a. The project information section, described in B,below; b. The calculations section described in C,below; and c. The site plan and details section, described in D,below. B. General.The following applies to all Minor Site Plans, Site Plans, and Illustrative Sketch Plans. (1) Other information or statements may be required on the Site Plan by the Zoning Administrator to ensure that all requirements of the Frederick County Code are met. (2) All Site Plans shall conform with MDPs that have been approved for the land in question, if an MDP is required. (3) When required, deed restrictions, deeds of dedication, agreements, contracts, guaranties or other materials shall be submitted with the Site Plan. C. Project Information Section. (1) A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development. (2) The name, address, and phone number of the landowner, developer, and designer. (3) The Frederick County Property Identification Number (PIN) of all lots included on the Site Plan. (4) The total land area and total developed land area of all lots included on the Site Plan. (5) The name of the Magisterial District within which property is located. (6) A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses. (7) A reference to any other Site Plan or MDP approved by the County for the site. III-22 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (8) The date the Site Plan was prepared and a list of all revisions made, including the date and a description of why the Site Plan was revised. (9) A table of contents including all pages of the Site Plan. (10) An inset map showing the location of the site,along with the location of streets,roads and land uses within 500 ft. of the property. (11) A statement listing all requirements and conditions placed on the land included in the Site Plan resulting from approval of conditional zoning or a CUP. (12) A description of setbacks or conditions placed on the site as a result of an approved variance. (13) The number and type of dwelling units included on the Site Plan for residential uses. (14) A list of all proposed utility providers,with their address,name and phone number. D. Calculations Section. (1) Calculations showing the floor area ratio (FAR) of the site, including the maximum allowed FAR,total ground floor area,total floor area, and total lot area. (2) Calculations showing the total number of required and proposed parking spaces, including the total number of existing and proposed spaces. (3) Calculations showing the total number of required handicap spaces,including the total number of existing and proposed spaces. (4) Calculations showing the total number of required loading spaces, including the total number of existing and proposed spaces. (5) Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees. (6) Calculations showing the percentage of the property that will be landscaped and the percentage of woodlands disturbed. E. Site plan and Details Section. (1) The location of all adjoining lots with the owner's name, current use, zoning, and zoning boundaries shown. (2) The location of all existing or planned rights-of-way and easements that adjoin the property, with street names,widths, and speed limits shown. (3) All nearby entrances that are within 200 ft. of any existing or proposed entrances to the site. (4) All existing and proposed driveways,parking and loading spaces,parking lots and a description of surfacing material and construction details to be used.The size and angle of parking spaces, aisles,maneuvering areas, and loading spaces shall be shown. (5) A North arrow. (6) A graphic scale and statement of scale. III-23 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (7) A legend describing all symbols and other features. (8) A boundary survey of the entire parcel and all lots included with distances described at least to the nearest hundredth of a foot. (9) The present zoning of all portions of the site,with the location of zoning boundaries. (10) The location of all existing and proposed structures,with the height,specific use,ground floor area, and total floor area labeled. (11) The location of all existing and proposed outdoor uses,with the height, specific use, and land area labeled. (12) Existing topographic contour lines at intervals acceptable to the Zoning Administrator. Proposed finished grades shall be shown by contour. (13) The location of the front, side, and rear yard setback lines required by the applicable zoning district. (14) The location and boundaries of existing environmental features, including streams, floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, and woodlands. (15) The location of outdoor trash receptacles. (16) The location of all outdoor lighting fixtures. (17) The location,dimensions, and height of all signs. (18) The location of required buffers, landscaping buffers, and landscaped screens, including examples, typical cross sections or diagrams of screening to be used. The location and dimensions of required fencing, berms, and similar features shall be specified. (19) The location of recreational areas and common open space. (20) The location of all proposed landscaping with a legend; the caliper, scientific name, and common name of all deciduous trees; the height at planting, scientific name, and common name of all evergreen trees and shrubs. (21) The height at planting, caliper, scientific name, and common name shall be provided for all proposed trees. The height at planting, scientific name and common name shall be provided for all shrubs. (22) The location of sidewalks and walkways. (23) The location and width of proposed easements and dedications. (24) A stormwater management plan describing the location of all stormwater management facilities with design calculations and details. (25) A soil erosion and sedimentation plan describing methods to be used. (26) The location and size of sewer and water mains and laterals serving the site. (27) Facilities necessary to meet the requirements of the Fire Code. III-24 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (28) Mine operators shall also submit to the Zoning Administrator a copy of the operations plan required by state agencies. (29) A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan. (30) A space labeled "Approved by the Frederick County Zoning Administrator" for the signature of the Zoning Administrator,approval date,and a statement that reads"Site Plan valid for five (5)years from approval date." Section 165-307.04. Minor Site Plan Contents. A. Minor Site Plans, at a minimum, shall include the following information: (1) All matters required by Section 165-307.03.C.(I)through (12), above; (2) Calculations showing the total number of required and proposed parking and loading spaces, including the total number of existing and proposed spaces; (3) Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees; i. The Zoning Administrator shall determine the number of landscaping plants required, proportional to the additions shown on the Minor Site Plan. (4) A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan; and (5) Any other information determined by the Zoning Administrator necessary for the review of the Minor Site Plan. B. The Zoning Administrator may waive any of the requirements on a Minor Site Plan, if he or she determines it is not to be warranted by the scale or intensity of the use or structures proposed. Section 165-307.05. Illustrative Sketch Plan Contents. A. Illustrative sketch plans,at a minimum, shall include the following information: (1) All matters required by Section 165-307.03.C.(1)through(5), above; (2) A drawing of all aspects of the business operations on the site; (3) Size and dimensions of parking areas and signs, if any, location of any floodplains or other environmental features; (4) For cottage occupations, the Illustrative Sketch Plan shall show the residence and all improvements associated with the cottage occupation; (5) Distances between on-site structures and adjacent residential structures and other buildings,the location and width of adjacent right-of-way, adjoining properties, and easements; and (6) A statement listing all requirements and conditions placed on the land included in the Illustrative Sketch Plan resulting from approval of a CUP. III-25 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (7) The Illustrative Sketch Plan need not be drawn to scale, nor does it have to be prepared by a licensed professional.However,distances from structure to adjacent lot lines must be accurately depicted. Section 165-307.06. Review. A. Submission. (1) Applicants shall submit copies of the Site Plan to the Zoning Administrator for review, along with applicable fees and completed application materials required by the Zoning Administrator. The Zoning Administrator shall specify the number of copies required for purposes of application and subsequent review. (2) Applicants shall prepare and submit a Traffic Impact Analysis with all Site Plan applications, in accordance with the adopted Traffic Impact Analysis Standards. (3) The Zoning Administrator may require the applicant to present the Site Plan to the Technical Review Committee for review. i. The Committee shall make recommendations to the Zoning Administrator concerning whether the plan meets the requirements of the Frederick County Code. (4) A Site Plan submission shall be considered to be complete when the fees, plans, application materials and comments have been received. (5) Applicants shall address comments on the Site Plan from various agencies as required by the Department of Planning and Development. B. Final Review Process. (1) Site Plans shall be submitted to the Zoning Administrator for final approval. The Zoning Administrator shall specify the number of copies required for purposes of application and subsequent review. (2) The Zoning Administrator shall notify the applicant of the action taken with respect to the Site Plan, which may include approval or disapproval. If disapproved, written comments shall be provided detailing the deficiencies of the plat by reference to specific duly adopted ordinances, regulations or policies and any corrections or modifications required for approval. III-26 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE C. Time Period for Approval.Site Plans shall be approved or disapproved under the process set forth in Code of Virginia § 15.2-2259. Figure III-5—Site Plan Review Process. Technical Review Committee (TRC) Conference Meeting with the TRC to discuss proposal. Formal Application Submittal Site Plan and all associated application materials formally filed with Department of Planning and Development and fee(s)paid. Site Plan Review Planning staff distributes materials for agency comments + staff review --------------I--------------- Refinement --i Requires Yes No Changes? Not Approved Final Approval Site Plan disapproved, Site Plan approved. with reasons in writing. Section 165-307.07. Standards and Improvements. A. All improvements and construction on the site shall conform with the approved Site Plan, Minor Site Plan, or Illustrative Sketch Plan and the requirements of the Frederick County Code, as well as the Virginia Department of Transportation, Frederick Water, or other ultimate owner of public improvements. B. The Director of Planning and Development may require a monetary guaranty and performance agreement in accordance with the monetary guaranty policy adopted by the Board, to ensure the completion of required improvements. Section 165-307.08. Site Plan Amendments. A. Approved Site Plans. (1) If it becomes necessary for an approved Site Plan to be changed,the Director of Planning and Development may, at the applicant's request, approve minor amendment(s)to the Site Plan if the change or amendment complies with this Ordinance, and the change or amendment does not: III-27 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE i. Alter a recorded plat; ii. Conflict with specific requirements of this Ordinance or proffered conditions; iii. Change the general character or content of an approved Site Plan or use; iv. Have an appreciable effect on adjoining or surrounding property; V. Result in any substantial change of external access points; vi. Decrease the minimum specified yard and open spaces; and vii. Substantially change architectural or site design features. (2) If an approved Site Plan proposes any of the proposed amendments listed in A.(I), above, it shall be resubmitted as a new application to the Director of Planning and Development and reviewed in accordance with the standards of this Part. B. Time Period for Approval. Site Plan Amendments shall be approved or disapproved pursuant to Code of Virginia§ 15.2-2259. Section 165-307.09. Compliance with Approved Site Plan Required. A. The Zoning Administrator shall periodically inspect the site during construction to ensure that the Site Plan requirements are met. B. No Certificate of Occupancy shall be issued for any use or site requiring a Site Plan until all requirements shown on the approved Site Plan have been met and all improvements shown on the Site have been provided. C. If structures and improvements have been provided sufficient to guarantee public health and safety,but if all Site Plan improvements have not been completed, a Certificate of Occupancy shall only be issued if a bond with surety or other acceptable guaranties have been provided to insure that all approved improvements will be provided. Such guaranties shall be for a limited time period acceptable to the Zoning Administrator,during which time said improvement shall be completed. Section 165-307.010. Period of Validity. In accordance with Code of Virginia § 15.2-2261, approval of a Site Plan shall be valid for five (5) years after the approval date, or for such longer period as the Director of Planning and Development may, at the time of approval,determine to be reasonable,taking into consideration the size and phasing of the proposed development. Part 308. Certificate of Appropriateness. Section 165-308.01. Purpose and Intent. The purpose of a Certificate of Appropriateness is to protect designated historic properties and historic districts from alterations,deterioration,and demolition,and to ensure that new buildings are compatible with the existing character of the district,in accordance with Code of Virginia § 15.2-2306. III-28 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-308.02. Applicability. A. General. A Certificate of Appropriateness (COA), granted by the Historic Resources Advisory Board (HRAB), shall be required in any Historic Area Overlay District, as regulated in Article V, Overlay Districts,of this Ordinance and designated on the official Zoning Map, for: (1) The erection, construction,reconstruction, or substantial alteration of exterior appearance; (2) The removal or relocation of any landmark, building, or structure if the move would be detrimental to the public interest or the historic integrity of the structure; and (3) The demolition or razing of any building or structure. (4) All requests for construction,reconstruction and significant exterior alterations presented to the HRAB shall be in conformance with Article V, Overlay Districts, of this Ordinance. B. Other Approvals Required.In any case in which an applicant's proposal also requires the approval of the BZA, BZA approval shall be obtained prior to action by the HRAB. Section 165-308.03. Standards and Procedures. A. Standards for Review. (1) Upon receipt of an application for a COA,the Zoning Administrator shall follow the procedures below: i. A copy of the application for such a permit, together with a copy of the Site Plan and the building plans and specifications filed by the applicant, shall be forwarded to the HRAB. ii. A file of all such applications and related materials shall be maintained. (2) Twelve(12)copies of all materials prepared in relation to the application shall be submitted by the applicant.The Zoning Administrator or the HRAB may require submission of any or all of the following: i. Architectural plans; ii. Site plans; iii. Landscaping plans, iv. Design for proposed signs with appropriate detail as to character; V. Proposed exterior lighting arrangements; vi. Elevations of all portions of structure with important relationships to public view (with indications as to visual construction materials, design of doors and windows and relationships to adjoining structures); and vii. Such other exhibits and reports as are necessary for these determinations. (3) The HRAB shall not consider interior alterations and shall only impose restrictions for the purpose of preventing development incompatible with the historic aspects of the area. (4) The HRAB shall consider the Secretary of the Interior's Standards for Rehabilitation and the following in evaluating the appropriateness of architectural features: III-29 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE i. The extent to which the proposed action will affect the overall character and continuity of the area. ii. Whether elements of the general design, such as scale, height, and proportion of the proposed work, are visually compatible with the surrounding area. iii. Whether the texture and materials proposed are compatible with existing structures in the area. iv. Risk of substantial alteration of the exterior features of a historic resource. V. Compatibility in character and nature with the historic,architectural,or cultural features of the historic overlay district. vi. Exterior architectural features, including all signs. vii. General design, scale, and arrangement. viii. Texture and material. ix. The relationship of the size, design, and siting of any new or reconstructed structure to the landscape of the district. (5) The HRAB shall return, within 60 days after submission of the completed application, its decision concerning granting a COA for the erection, reconstruction, significant exterior alteration, restoration, razing or demolition, or relocation of all or part of any building within the HA Zone. (6) If the HRAB grants a COA, it shall authorize the Zoning Administrator to issue a permit for the work specified in the application. (7) If the HRAB disapproves the application,the reasons shall be stated in writing and forwarded to the applicant,and the Zoning Administrator shall disapprove the application for the required permit. i. The disapproval shall indicate what changes in the plans and specifications would enable the proposal to meet the conditions for protecting and preserving the historical character of the HA Zone. ii. If the applicant determines that they will make the suggested changes,they shall so advise the HRAB in writing,which shall act accordingly. iii. The applicant may appeal the disapproval to the Board of Supervisors. B. Exceptions. Where the strict application of the standards in this Part, pertaining solely to the Historic Area Overlay District, would result in a practical difficulty to the property owner, the HRAB may grant a reasonable modification of such standards,provided that: (1) The practical difficulty arises from unique physical conditions or constraints of the subject property that are not self-imposed; (2) The proposed relief remains consistent with the character of the historic district and the Secretary of the Interior's Standards for the Treatment of Historic Properties; and III-30 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (3) The HRAB makes written findings supporting the exemption, including a determination that the relief is the minimum necessary and does not compromise the historic integrity of the district. C. Any modification granted under this section shall be limited to requirements specific to the Historic Area Overlay District, including but not limited to architectural design, exterior materials, fagade articulation, and other visual or stylistic elements. D. Nothing in this Section shall be construed to permit the HRAB to grant variances from primary district,use, or other requirements applicable in the underlying zoning district, such as but limited to lot size, building height, or setback regulations. Variances as to certain matters may be granted by the BZA pursuant to Code of Virginia § 15.2-2309 and Part 305 of this Ordinance. E. Demolition and Razing. (1) General. i. The demolition or removal of a noncontributing building or structure may be authorized by the Zoning Administrator. ii. Hazardous buildings or structures may be demolished without consideration by the HRAB with written approval of the Zoning Administrator, stating the conditions which justify the demolition. (2) Consideration. The HRAB shall consider any and all of the following criteria when considering whether to grant a COA for razing or demolition: i. Is the historic resource of such architectural, cultural,or historical interest that its removal would be detrimental to the public interest? ii. Could the building only be reproduced at great expense or difficulty due to its unique or unusual texture,material, or design? iii. Would demolition of the structure result in the loss of a significant historic place or resource in Frederick County? (3) Offer For Sale. The owner of a building, structure, or site in a historic district shall,by right, be entitled to demolish the same,provided that: i. The property owner has applied for a demolition permit. ii. The property owner has made a bona fide offer to sell the structure and land on which it is located to an individual or group which makes reasonable assurances that it will preserve the landmark. iii. The property shall be offered at a price reasonably related to its fair market value as determined by an independent appraisal for the period established by the schedule provided in Table III-1. III-31 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Table 111-1. Offer for Sale. Time Period Asking Price '3 Less than $25,000 4 Between $25,000 and $40,000 5 Between $40,000 and $55,000 6 Between $55,000 and $75,000 7 Between $75,000 and $90,000 12 Over$90,000 Part 309. Certificates of Occupancy. Section 165-309.01. General. No use or structure shall be occupied until a Certificate of Occupancy (CO) has been issued by the Building Official.No CO shall be issued unless all requirements of this Ordinance have been met. Section 165-309.02. Standards and Procedures. A. Any person who proposes to construct or alter any building or use or alter the use of any building, structure or land shall apply for a permit from the Building Official. Such application shall include all information necessary to determine if the requirements of this Ordinance have been met. B. The Building Official shall submit this application to the Zoning Administrator, who shall certify whether the proposed use is in compliance with this Ordinance. C. If such proposed use is not in compliance with this Ordinance,the Building Official shall refuse to issue a permit for the use. Part 310. Zoning Determinations. Section 165-310.01. Purpose and Intent. In administering, interpreting, and enforcing this Ordinance, the Zoning Administrator shall provide a written response to persons who have filed a specific request in writing for a decision or determination on zoning matters within the scope of the Zoning Administrator's authority. Section 165-310.02. Standards and Procedures. A. Pursuant to Code of Virginia § 15.2-2286, the Zoning Administrator's response shall be provided within 90 days after the date of the request unless the requestor agrees to a longer period of time. B. When the requestor is not the owner or the owner's agent of the property subject to the request,the Zoning Administrator, in accordance with Code of Virginia § 15.2-2204(H), shall provide written notice within 10 days after receipt of the request to the owner of the property at the owner's last known address as shown on the County's real estate tax records. III-32 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE C. The Zoning Administrator's written decision or determination shall include a statement informing the recipient of the right to appeal the decision as provided in Part 311 of this Article. Part 311. Appeals. Section 165-311.01. Appeals of Director of Planning and Development; Zoning Administrator Determinations and Decisions. A. Pursuant to Code of Virginia § 15.2-2311, the BZA shall hear and decide appeals from any order, requirement,decision,or determination made by the Zoning Administrator or Director of Planning and Development, or other administrative officer with authority to administer or enforce the requirements of this Ordinance. Such appeal may be taken by any person, department, board, County, or municipality aggrieved or affected by any decision of the Zoning Administrator or Director of Planning and Development. B. Such appeal shall be taken within 30 days after the decision appealed from by filing with the Zoning Administrator and with the BZA a notice of appeal specifying the grounds thereof. The Zoning Administrator shall transmit to the BZA all the papers constituting the record upon which the action appealed from was taken. C. The determination of the Zoning Administrator shall be presumed to be correct. D. Pursuant to Code of Virginia§ 15.2-2312,procedures for submitting an appeal shall be as follows: (1) Hearing. i. The BZA shall fix a reasonable time for the hearing of an application or appeal,give public notice as outlined in Part 312 of this Article as well as due notice to the parties in interest. ii. At a hearing,the Zoning Administrator shall explain the basis for their determination,after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. (2) Decisions. i. In exercising its powers,the BZA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed according to the procedures described in the Code of Virginia. ii. The BZA shall decide the appeal within 60 days. Section 165-311.02. Appeals of BZA Decisions. A. Pursuant to Code of Virginia § 15.2-2314, any person aggrieved by any decision of the BZA may appeal the decision to the circuit court of Frederick County. B. An application specifying the grounds on which the applicant is aggrieved must be submitted within 30 days after the final decision of the BZA. III-33 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-311.03. Construction in Violation of Ordinance without Appeals to BZA. A. Pursuant to Code of Virginia § 15.2-2313, construction of a building with a valid building permit deemed in violation of this Ordinance may be prevented, restrained, corrected, or abated by suit filed within 15 days after the start of construction by a person who had no actual notice of the issuance of the permit. B. The court may hear and determine the issues raised in the litigation even though no appeal was taken from the decision of the Zoning Administrator to the BZA. Section 165-311.04. Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed unless the Zoning Administrator certifies to the BZA that,by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the BZA or by a court of record,on application and on notice to the Zoning Administrator and for good cause shown. Figure III-6 -Process for Appeals of Director of Planning and Development; Zoning Administrator Determinations and Decisions. Appeal Initiated Application filed within 30 days offinal decision or determination and fee(s)paid. BZA Public Hearing Notice Application is advertised for Board of Zoning Appeals hearing. BZA Public Hearing Board of Zoning Appeals holds hearing and makes a decision. Appeal Affirmed Appeal Reversed Appeal Modified BZA upholds original BZA overturns the BZA adjusts the decision; no change original decision original decision III-34 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Part 312. Public Hearings and Notifications. Section 165-312.01. Public Hearings and Notice Required. Advertising and notice for public hearings shall be conducted in accordance with Code of Virginia § 15.2-2204, and as outlined in this Part. Section 165-312.02. Posting Notice on Property. For all public hearings involving Zoning Map Amendments, CUPS, and Variances, the applicant shall post on the properties for which zoning action is pending: (1) A sign with full information on the change sought; and (2) Such sign shall be placed at the front property line and be maintained so as to be legible from adjoining roads and properties until the date of the hearings. Section 165-312.03. Waiver of Notice. Pursuant to Code of Virginia § 15.2-2204, actual notice of,or active participation in, a public meeting for which written notice is required will waive the right of that party to challenge the validity of the proceedings based on failure of notice. III-35 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Article IV. Primary Zoning Districts. Part 401. Establishment and Purpose. Section 165-401.01. General. A. Land within Frederick County, as it exists at the time of this Ordinance being enacted,is hereby divided into classes of primary zoning districts to: (1) Regulate and restrict the location and use of buildings and land for trade, industry,residence, and other purposes in accordance with the objectives of the Frederick County Comprehensive Plan; (2) Regulate and restrict the location,height, and size of buildings hereafter erected or structurally altered; and (3) Ensure adequate setbacks, open spaces, and public facilities to support the County's population. B. To carry out the purpose stated in Article I, General Provisions, of this Ordinance and A., above, Frederick County is hereby divided into the following primary zoning districts as shown in Table IV-1,the boundaries of which shall be shown on the Zoning Map. C. For reference purposes throughout this Ordinance, unless specifically provided to the contrary, the terms as shown in Table IV 1,below, shall be used to refer to primary zoning districts: CountyTable IV-1. Frederick Primary Zoning Districts. Agricultural Districts RA Rural Areas Residential Districts RP Residential Performance MH1 Mobile Home Community Business B 1 Neighborhood Business B2 General Business B3 Industrial Transition HE Higher Education TM Technology-Manufacturing Park M1 Light Industrial M2 Industrial General EM Extractive Manufacturing Planned op R4 Residential Planned Community R5 Residential Recreational Community MS Medical Support IV-1 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE D. Overlay Zoning Districts are established in Article V, Overlay Districts,of this Ordinance. Section 165-401.02. Purpose and Intent of Primary Zoning Districts. A. Agricultural District. (1) RA, Rural Areas District. i. The purpose of the rural area regulations is to preserve large, open parcels of land,tree cover, scenic views, sensitive environmental areas and prime agricultural and locally significant soils. The regulations provide for a variation in lot size,which is permitted in order to facilitate designs that blend in with the existing landscape and preserve some larger tracts of undeveloped land in order to maintain the rural character of the County, as well as provide a choice to home buyers. ii. The regulations are intended to reduce environmental impacts, such as soil erosion,by requiring development which is sensitive to the existing features of the natural terrain and by reducing the amount of clearing needed for roads.Diversity and originality in lot layout are encouraged in order to achieve the best possible relationship between the development and the land. Individual lots and streets should be designed to minimize alteration of the natural site features,relate positively to surrounding properties and protect the views from surrounding areas. It is intended that by allowing flexibility in the subdivision design,while at the same time requiring that environmental concerns be addressed,a more attractive,environmentally sound and economically viable development will result. B. Residential Districts. (1) RP, Residential Performance District. i. The RP,Residential Performance District is intended to provide for a compatible mixture of quality residential housing types within the Urban Development Area, consistent with the residential land use policies of the Comprehensive Plan. The plan identifies basic land use characteristics which are to be encouraged: a. Efficient land use patterns that create high-quality neighborhoods that are attractive and pedestrian oriented. b. Densities that promote a compact and efficient use of land. c. Reduced housing and public facility costs. d. Energy efficient housing and housing patterns. e. Sustainable and environmentally sensitive land use. ii. Within Section 165-405.01, a number of general performance requirements are identified. When a housing development has satisfied these requirements,this district is intended to provide a large degree of flexibility in development and housing design. This design process is accomplished through a Master Development Plan (MDP)which is designed in cooperation with the County staff. IV-2 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE iii. It is the intent of this district to allow a mixture of housing types on the land within an approved MDP. Within Section 165-405.01,the permitted development percentages and densities for all housing types are identified. The MDP shall specify the amount and percentages of all proposed housing types. iv. While a mixture of housing types is allowed on a site,the intent is to use the master development plan and the other article regulations to place the different housing types on the site in a way that will protect the living environment of the new residents and existing residential land uses. It is the intention of this district to integrate new residential developments with existing residential developments and to ensure that different residential developments are properly screened from one another while still creating a sense of community and while providing for a variety of housing options.This district attempts to encourage the provision of some amenities through density bonuses,which are intended to enhance the development without increasing housing costs. V. Streets shall be provided in new developments to continue existing and planned street patterns and in conformance with the Comprehensive Plan as well as any road improvement plans where appropriate and where necessary to achieve an interconnected street system. Streets and rights-of-way (ROW) in proposed developments, intended to be developed in the future, shall be clearly designated to take into account future development as indicated in the Comprehensive Plan. vi. In those sections of this Article where discretion is given to the Zoning Administrator, that discretion shall be exercised with this statement of intent as the primary guide for action. (2) MH1,Mobile Home Community District. The MH1,Mobile Home Community District is designed to provide for planned communities for mobile homes. This district is intended for the location of mobile homes on land under common ownership or for the creation of lots for mobile homes. Such planned developments are intended to be provided with appropriate roadways and amenities and suitable landscaping and transition areas to blend the mobile home community with surrounding land uses. C. Business Districts. (1) B1,Neighborhood Business District.The intent of this district is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods.The North American Industry Classification System (NAICS)may be used to assist the Zoning Administrator in classifying the permitted uses.Uses allowed primarily consist of limited retailing, convenience, and personal service uses.Business uses in this district should be small in footprint and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods. (2) B2,General Business District. The intent of this district is to provide large areas for a variety of business,office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct IV-3 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development.Nuisance factors are to be avoided. The North American Industry Classification System(NAICS)may be used to assist the Zoning Administrator in classifying the permitted uses. (3) 133,Industrial Transition District. The intent of this district is to provide for heavy commercial activities,involving larger scale marketing or wholesaling,in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional,located between business and industrial areas. In these areas,there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise,dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. The North American Industry Classification System(NAICS)may be used to assist the Zoning Administrator in classifying the permitted uses. (4) HE,Higher Education District.The HE,Higher Education District is intended to permit institutions of higher education in appropriate areas. It is intended that uses in this district be properly separated from different uses in adjoining districts. The North American Industry Classification System (NAICS)shall be used to assist the Zoning Administrator in classifying the permitted uses. D. Industrial Districts. XW (1) TM, Technology-Manufacturing Park District. The TM, District is designed to provide areas for Economic Development Authority(EDA)targeted industries, data centers,offices, low-impact industrial,assembly, and manufacturing uses. Uses are allowed which do not create significant noise beyond the property line, smoke, dust or other hazards. This district shall be located in a business campus-like setting with direct access to major transportation networks and/or rail facilities and areas where there is availability and/or close proximity to overhead electrical transmission lines.Buildings should include attractive architectural features utilizing high quality building materials comparable to brick, stone, and glass.The North American Industry Classification System(NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses. (2) MI, Light Industrial District. The intent of this district is to provide for a variety of light manufacturing, commercial office and heavy commercial uses in well-planned industrial settings. Uses are allowed which do not create noise, smoke, dust or other hazards. Uses are allowed which do not adversely affect nearby residential or business areas. Such industrial areas shall be provided with safe and sufficient access.The North American Industry Classification System (NAICS)shall be used to assist the Zoning Administrator in classifying the permitted uses. (3) M2, General Industrial District.The intent of this district is to provide for a wide variety of heavy manufacturing, office and heavy traffic uses,including those which may not be compatible with nearby residential and general business areas. Performance controls are used IV-4 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE to control potential nuisances,especially in relation to zoning district boundaries. Such industrial areas shall be provided with safe and sufficient access. The North American Industry Classification System(NAICS)shall be used to assist the Zoning Administrator in classifying the permitted uses. (4) EM,Extractive Manufacturing District. The intent of the EM, Extractive Manufacturing District is to provide for mining and related industries, all of which rely on the extraction of natural resources. Provisions and performance standards are provided to protect surrounding uses from adverse impacts. It is also the intent of this district to avoid the encroachment of incompatible uses on the borders of the EM District.The North American Industry Classification System (NAICS)shall be used to assist the Zoning Administrator in classifying the permitted uses. E. Planned Development Districts. (1) R4,Residential Planned Community District. i. The intention of the R4,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 MDP. The layout,phasing, density and intensity of development is determined through the final approval of the MDP by the County. ii. Special care is taken in the approval of the MDP 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. iii. 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. iv. Planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan. (2) R5, Residential Recreational Community District.The intention of the R5,Residential Recreational Community District is to provide for a carefully planned recreational community which takes advantage of unique natural features and settings. Such communities shall be planned in a fashion that will protect and preserve natural and historic resources and features and that will protect and enhance the natural scenic value of the area to be developed and surrounding areas. The Residential Recreational Community District provides for a mixture of housing types and uses,including age-restricted communities,within a carefully planned setting. Special emphasis is placed on recreational and open space uses. Business and service uses are allowed to meet the needs of residential recreational communities. (3) MS,Medical Support District.The MS,Medical Support District is intended to provide for areas to support hospitals,medical centers,medical offices, clinics, and schools of medicine. IV-5 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience.All land to be contained within the Medical Support District shall be included within an MDP to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. The North American Industry Classification System(NAICS)shall be used to assist the Zoning Administrator in classifying the permitted uses. Part 402. General District Standards. Section 165-402.01. General. This Part and subsequent Parts establish various regulations controlling the area,bulk,height,location, spacing, density, and intensity of the various allowed uses, structures, and lots. Section 165-402.02. Additional Standards. A. In addition to the standards provided for each district, additional standards may apply, as listed below: (1) Use Performance Standards.Article VII,Additional Regulations for Specific Uses, of this Ordinance establishes additional standards pertaining to specific uses. (2) Community Development Standards.Article VIII,Community Development Standards, of this Ordinance establishes additional standards for: i. Nuisances; ii. Buffers and Landscaping; iii. Environmental Protection; iv. Off-Street Parking, Loading,and Access; V. Open Space; vi. Outdoor Lighting; vii. Outdoor Storage; viii. Recreational Facilities; ix. Signs; X. Walls and Fences; xi. Shopping Centers,Office Parks, and Industrial Parks; and xii. Temporary Trailers. Section 165-402.03. Determination and Measurement of Lots and Setbacks. A. General. IV-6 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) All lots created shall conform with the size and dimensional requirements established by this Article. (2) Except where specifically allowed by this Ordinance,no more than one (1)dwelling shall be allowed on a lot. i. A separate entrance,together with separate equipment,including a sink, stove or other kitchen or sanitary facilities, shall be prima facie evidence that separate occupancy exists and that a separate dwelling exists. (3) No principal structure shall be placed in the front, side, or rear yard setback areas specified by this Article. (4) No accessory structure shall be placed within the front setback areas of the underlying zoning district as specified by this Article. B. Measurement Methods. (1) All Setbacks. i. The setback for structures is measured from the lot lines of the lots containing the structure. ii. When a lot is adjacent to a road, street, or easement ROW,the setback shall be measured from the boundary of the ROW. (2) Front Setbacks. i. Front yard setbacks shall be required wherever a lot abuts a road or street ROW. ii. Where a lot abuts a public street or road with a ROW width less than would normally be required to create such a road, additional front setback distances may be required to allow for expansion or improvement of that road. a. In addition,when improvement plans have been adopted for a road or street by the County, additional front setback distances shall be required to allow for the planned road improvement. b. The additional front setback distances provided on any lot shall be equal to 1/2 of the additional ROW width needed to meet the normally required ROW width or planned ROW width. iii. Setback Averaging. a. Where the average front yard setback distance for adjacent lots is less than the minimum required front yard,the Zoning Administrator may allow a front yard setback distance less than normally required on the lot to be developed. b. In such cases,the front setback distance for the lot to be developed shall be the average of the minimum front setback distances on developed lots on the same street or road within 200 feet of the lot to be developed. (3) All Setbacks on Corner Lots. IV-7 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE i. On a lot with more than one (1)side abutting a street or road (corner lot), front setbacks shall be provided wherever the lot abuts a street. ii. To determine the location of side and rear lot lines,the front shall be deemed to be the shortest side with frontage on the street or road. The rear boundary,with a required rear setback, shall be deemed to be opposite from the front side.All other sides not abutting a street shall be deemed to be side boundaries. iii. The Zoning Administrator may determine that a side other than the shortest is the front in order to ensure that the placement of the setback yards conforms with the placement of structures on surrounding lots.In all cases,a front and rear yard shall be designated. Figure IV-1. Corner Lots. ---- ®'Rbq+ Wa4 8 �J Secav111r+ -FrDvlt set ack ��� C ®`Rear Se�-back T) Sidle Se,+Ioack 2- Part 403. Encroachments and Exemptions. Section 165-403.01. Setback Encroachments. A. The following features may extend into setback yards as described: (1) Air conditioners and similar equipment.Air conditioners,heat pumps, and similar mechanical equipment that are attached to the primary structure may extend three (3) feet into any side or rear yard area but shall not be closer than five (5)feet to any lot line. (2) Architectural and structural features. IV-8 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE i. Cornices, canopies,awnings, eaves,gutters,or other similar overhanging features which are at least eight(8)feet above the grade may extend three (3)feet into any required yard setback area. ii. Chimneys, sills,headers,belt courses, and similar structural features may extend three (3) feet into required yard setback areas. (3) Porches and related features. i. In the RA and MH1 Zoning Districts,balconies,porches, stoops, decks,bay windows, steps and stairways which comprise less than 1/3 of the length of the wall of the primary structure may extend three (3)feet into a required setback yard. ii. In no case shall such features be closer than five (5)feet to a lot line. (4) Retail petroleum pumps. i. Retail petroleum pumps and canopy supports shall be located at least 20 feet from any road ROW boundary. ii. The canopies covering the petroleum pumps shall be no closer than five (5) feet to any road ROW. (5) Storage sheds. Storage sheds which are attached to townhouses that can only be accessed through an outer entrance and do not exceed 1/4 the width of the dwelling unit may extend 10 feet into a rear or perimeter setback area or the active portion of a required buffer area. (6) Protective entrance canopies. i. Protective entrance canopies and support columns which are attached to the primary structure may extend into the front yard setback areas for funeral homes, schools, churches and places of worship,day-care facilities, and libraries. ii. The purpose of such canopies is to provide protection to patrons from the elements of weather as the patron enters or exits the structure. iii. In no case shall the canopy or its structure be located closer than 20 feet from a road ROW boundary. (7) Handicap-accessible ramps.An unroofed handicap-accessible ramp shall be permitted to encroach into a required yard when there are no other reasonable alternatives for the location of such ramp on the property or other means of ingress/egress into or from the residence as determined by the Zoning Administrator. Section 165-403.02. Setback Exemptions. Fences, freestanding walls, and berms shall be exempt from the setback requirements. Section 165-403.03. Height Exemptions and Waivers. A. General.No structure shall exceed the height limitations described in this Article. B. Exemptions. (1) Height exceptions shall be allowed only if they: IV-9 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE i. Accomplish the purpose for which they are intended; ii. Are not intended for human occupancy; and iii. Do not infringe on the solar access of surrounding properties. (2) If any of the exceptions,below,exceed the height limitation of the proposed zoning district, the structure shall be required to be set back the normal setback or required buffer distance plus one(1)foot for every foot over the maximum allowed height of that zoning district. (3) The maximum height requirements shall not apply to the following: i. Barns and silos; ii. Belfries; iii. Bulkheads; iv. Chimneys; V. Spires and towers associated with churches and places of worship; vi. Flagpoles; vii. Domes and skylights; viii. Masts and aerials; ix. Radio and television transmission towers and commercial telecommunication facilities; X. Smokestacks and cooling towers; xi. Utility poles and towers; xii. Water tanks; xiii. Windmills; xiv. Parapet walls,provided that the maximum height of the underlying zoning district is not exceeded by more than four(4)feet; xv. Solar collectors,air conditioners, and other mechanical equipment,provided they are screened from the public view of surrounding properties and ROWS; xvi. Automated storage facilities in the TM,MI, and M2 Zoning Districts and automated manufacturing facilities in the MI and M2 Zoning Districts; a. Such exemptions shall be approved by the Frederick County Fire Marshal. b. In no case shall the height of these facilities exceed 100 feet in height unless waived by the Board of Supervisors. xvii. General office buildings in the B2 and B3 Zoning Districts and hotel and motel buildings in the B2 Zoning District,provided the maximum height of such buildings shall not exceed 60 feet; and IV-10 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE xviii. Buildings used for schools without residential components,provided those portions of the buildings are accessory and inconsequential to the primary function of the building, and provided that the maximum height of any portion of the building shall not exceed 75 feet. C. Waivers. (1) General.Waiver requests for height increases not otherwise exempt in the B3,TM, EM,M1, and M2 Zoning Districts shall adhere to the following requirements: i. Architectural renderings of the proposed structure shall be submitted for review by the Planning Commission and the Board of Supervisors. ii. The Board of Supervisors may require buffer and screening elements and/or additional distance when deemed necessary to protect existing adjacent uses. iii. The Board of Supervisors may require additional conditions as deemed necessary. iv. This waiver shall not be permitted to increase the height of any signage regulated by Article VIII, Community Development Standards,of this Ordinance. V. The Planning Commission and the Board of Supervisors shall hold a public hearing for any height waiver request,in accordance with Article III,Permits and Applications, of this Ordinance. (2) Height Waivers—Commercial Districts. i. The Board of Supervisors may waive the maximum height in the HE District,provided it will not negatively impact adjacent residential uses. In considering the height waiver,the Board of Supervisors may require architectural renderings that demonstrate potential impacts on adjacent residential uses. In no case shall any structure exceed 75 feet in height. (3) Height Waivers—Industrial Districts. i. The Board of Supervisors may waive the maximum height in the TM,M1,M2, and EM Zoning Districts in accordance with this Section,provided it will not negatively impact adjacent uses. a. In no case shall any structure in the TM,MI,or M2 districts exceed 150 feet in height. b. In no case shall any structure in the EM district exceed 200 feet in height. IV-11 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Part 404. Agricultural Districts. Section 165-404.01. RA, Rural Areas District Standards. w*Ltrict Standards. Maximum Density All Lots 1 dwelling unit(DU)/5 acres t Size All Lots Minimum ' 5 acres" Minimum Required Setbacks Front Principal Structures 60 ft. Accessory Structures, ifROW is 60 ft. public Accessory Structures, ifROW 45 ft. or easement is private Side and Rear Adjoining Parcel Size 6 acres or less 50 ft. Principal Structures More than 6 acres 100 ft. More than 6 acres in Agricultural and Forest 200 ft. Districts(AFD); Orchard Accessory Structures 15 ft. Minimum Required Setbacks, Rural Preservation Lots Front All Structures, ifROW is public 60 ft. All Structures, ifROWor 45 ft. easement is private Side These side and rear setbacks for principal All Structures 15 ft. structures apply whenever a rural preservation lot borders another rural Rear preservation lot.If a lot does not border Principal Structures 40 ft. another rural preservation lot,the side& rear setbacks for principal structures shall Accessory Structures 15 ft. follow the Minimum Required Setbacks' listed above in this Table. Minimum Lot Width Lots fronting on roads or the turnaround of a 50 ft. Rural Preservation Lots cul-de-sac proposed for dedication Lots fronting on existing state roads 250 ft. All Other Lots 250 ft. Maximum Depth/Width Ratio*** All Lots 5:1 HeightMaximum All Structures 35 ft. `As determined by the size of the parent tract as it existed on December 11, 1991. "Refer to Chapter 144,Subdivision of Land,for additional regulations for family divisions and rural preservation lots. As measured at the front setback line. IV-12 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE A. General Requirements. (1) On lots containing between seven(7) and 10 acres which were lots of record prior to December 11, 1991,lots of two (2)or more acres may be created despite the density limit specified in Table IV-2 above,provided they meet the requirements Chapter 144, Subdivision of Land, of the Frederick County Code. (2) One (1)uninhabitable accessory structure that meets the minimum setbacks for an accessory use may be located on a lot prior to the construction of a principal structure. This accessory structure shall not be permitted to contain any residential uses prior to the construction of the primary structure on the lot and shall be a maximum of 650 square feet in size. Part 405. Residential Districts. Section 165-405.01. RP, Residential Performance District Standards. A. Dimensional standards in the RP District shall be based on the housing type, as identified in Table IV-3,below, and defined in Article XI,Definitions, of this Ordinance. (1) For non-residential uses,dimensional standards shall be as identified in Table IV-6,below. (2) Maximum density requirements for all uses are established in Tables IV-7 and IV-8,below. i. Within developments utilizing transferable development rights,the maximum gross residential density for the development shall be as determined in Article X,Transfer of Development Rights, of this Ordinance. ResidentialTable IV-3. RP i District StandardsResidential Detached Development. Single-family Single-family Single-family Single-family Single-family Single-family small detached rural detached detached zero lot traditional traditional detached urban detached cluster fine lot Minimum Lot Size 100,000 s . ft. 15,000 sci. ft. 12,000 s . ft. 8,000 s . ft. 6,000 scl.ft. 3,750 Minimum Lot Width At Setback: 70 ft. At Setback 60 ft. Mlnlmwn 80 ft. At ROW: 40 ft. At ROW: 30 ft. Lot Depthto Width Ratio Maximum Site 1:3 Impervious Surface Ratio SetbacksMinimum Principal Front 60 ft. 35 ft. 35 ft. 25 ft. 25 ft. 25 ft.* Side Detached: 5 ft. 15 ft. 10 ft. 10 ft. 8 ft. 25 ft Attached: 10 ft. Rear IV-13 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Table IV-3. RP Residential District Standards Detached Development. Single-family Single-family Single-family Single-family Single-family Single-family small detached rural detached detached urban detached cluster detached zero lot lot traditional traditional line 50 ft. 25 ft. 25 ft. 20 ft. 25 ft. 15 ft. SetbacksMinimum • sides 5 ft. Minimum Setbacks—Unroofed Decks, Stoops, Landings, and Similar Features Front 50 ft. 25 ft. 25 ft. 15 ft. 15 ft. 15 ft.** Side 10 ft. 5 ft. 5 ft. 5 ft. 20 ft. 5 ft. Rear 10 ft. 35 ft. 15 ft. 15 ft. 10 ft. 15 ft. 5 ft. iffrom open Mace HeightMaximum Principal Structure:35 ft. Accessory Structures: 20 ft. Additional Dimensionald. • • Yes Yes D.1.,below D.2.,below *The 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. **The setback is reduced to 10 feet,provided that the residential unit utilizes a rear alley. PerformanceTable IVA RP Residential District Standards Attached Development. Multiplex Townhouse;back-to-back townhouse Rear alley townhouse. Minimum Lot Size 3,000 s .ft.(per unit 1,500 s .ft. Minimum Lot Width End Unit:22 ft. Minimum Interior Unit: 18 ft. Lot Depthto Width Ratio ImperviousMaximum Site • 0.5 Minimum Setbacks Principal Front 35 ft. With garage:25 ft. 15 ft.* W/O Garage: 15 ft. Side 15 ft. Townhouse: 10 ft. 5 ft. IV-14 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Table IV-4. RP Residential Performance District Standards Single-Familyi i Development. Multiplex Townhouse;back-to-back townhouse Rear alley townhouse. Back-to-back: 5 ft. Rear 25 ft. 20 ft. 6 ft.** Back-to-Back:None Minimum Setbacks Accessory 5 ft. Minimum Setbacks—Unroofed Decks, Stoops, Landings, and Similar Features Front 15 ft. 25 ft. Back-to-back: 5 ft. 5 ft. Side 5 ft. 10 ft. Back-to-back,without garage: 10 10 ft. ft. Rear 15 ft. 5 ft. 2 ft.** Maximum Height —Principal Structure: 35 ft. Principal Structures: 40 ft. Accessory Structures: 20 ft. Additional Dimensional Standards Included? Yes Yes Yes D.3.,below (DA.,below) (D.S.,below *Provided the residential unit utilizes a rear alley access and there are no driveways on the private or public road fronting the residential unit. **From shared rear alley access easement. Table IV-5. RP Residential PerformanceDistrict StandardsResidential Development. Garden Apartment Multifamily residential buildings Age-restricted multifamily housing Minimum Lot Size 3 acres Minimum Lot Width None Minimum Lot Depthto Width Ratio ImperviousMaximum Site • 0.60 1 0.60 1 0.60 SetbacksMinimum Principal Front 35 ft. ifpublic ROW 35 ft. 60 ft. 20 ft. ifprivate ROW or drive area IV-15 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Table IV-5. . . Residentiali District Standards Multi-FamilyDevelopment. Garden Apartment Multifamily residential buildings Age-restricted multifamily housing Side 20 ft. 50 ft. 100 ft.**** Rear 25 ft. 50 ft. 100 ft.**** Minimum Setbacks 5 ft. Minimum Setbacks—Unroofed Decks, Stoops, Landings, and Similar Features Front None None None Side None None None Rear 20 ft. 20 ft. May extend 10 ft.into a perimeter setback Maximum Height Princi al Structures: 55 ft. Principal Structures: 60 ft.*** Principal Structures: 40 ft.***** Accessory Structures: 20 ft. Additional Dimensional Standards Included9 Yes (D.6.,below) ***A multifamily residential building may be erected to a maximum of 80 feet if it is set back from road rights-of-way(s) and from lot lines in addition to each of the required minimum yard dimensions,a distance of not less than one(1)foot for each one(1)foot of height that it exceeds the 60 ft.limit. ****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. *****The Board of Supervisors may waive the 40 ft.height limitation,provided that it will not negatively impact adjacent residential uses.In no case shall any principal building exceed 60 feet in height. TableDistrict Non-Residential Minimuni SetbacksPn*ncipal Structures Front 35 ft. Side 15 ft. Rear 50 ft. Minimum Setbacks 5 ft. Maximum Height Principal Structures 45 ft. Accessory Structures 20 ft. IV-16 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Table IV-7.RP Residential Performance District Standards—Maximum Density by Land US Land Use Maximum Maximum Percentage of Density(du/acre) Multifamily Housing Multifamily residential buildings and age-restricted 20 100% multifamily(excluding garden apartments) Garden apartments 10 100% Townhouse(single-family attached) 10 N/A Table IV-8.RP Residential Performance District Standards—Maximum Density by Parcel Size* Maximum Maximum Percentage of Parcel Size(acres) Density Multifamily Housing (du/acre) 0 to 10 10 100% 10.1 to 25 6 100% 25.1 to 50 6 75% *For all housing types not listed in Table IV-5 and development with mixed housing types. B. General Requirements. (1) All uses shall be developed in accordance with an approved MDP unless otherwise waived under Article III,Permits and Appli ,of this Ordinance. (2) More than one (1)principal structure or use and its customary accessory structures or uses are permitted in the RP District for multiplexes,garden apartments,multifamily residential buildings, and age-restricted multifamily housing. (3) Phased Development. 1. The developer/subdivider is permitted to construct the subdivision in phases or sections as long as: a. All sections are indicated on the MDP and are of a size and at such a location that they constitute economically sound increments of development. b. Common recreational facilities and improvements and other improvements indicated for any phase section are required to be started not later than when that section reaches 50%occupancy and are required to be complete by the time that section reaches 60% occupancy. c. Provisions shall be made to incorporate all phases or sections of the planned development under one (1)homeowners' association/corporation. 11. In order to provide sufficient, safe access,the Planning Commission and the Board of Supervisors may require that the phases be arranged so that essential street entrances to the development are provided in the initial phases of the development. C. Development Standards. (1) Gross Density and Multifamily Housing.A gross density shall be established for each proposed development,including all land contained within a single MDP, according to the IV-17 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE characteristics of the land,the capacity of public facilities and roads and the nature of surrounding uses.Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The density requirements in Tables IV-7 and IV-8, above, shall apply to all parcels as they exist at the time of the adoption of this Section. i. Subsequent divisions of land shall not increase the allowed density on parcels of land. ii. In no case shall the gross density and maximum percentage of multifamily housing of any development within an approved MDP exceed the densities and percentages set forth in Tables IV-7 and IV-8, above. (2) 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: i. The total number of pipestem lots in a residential development may not exceed 5%of the total number of lots. ii. Pipestem lots shall have a minimum road frontage of 20 feet. iii. Pipestem lot driveways shall access only one (1)lot. IV. Minimum yards shall be as follows: a. Front, side, and rear yards: 2 ` e b. Accessory buildings: 20 feet. c. Side yard of lots adjoining pipestem driveway yard: 15 feet. V. Pipestem lot driveways shall not adjoin other pipestem driveways. vi. Unless otherwise specified,pipestem lots shall comply with all other regulations of this Ordinance and Chapter 144, Subdivision of Land,of the Frederick County Code. D. Supplemental Regulations. (1) Single-Family Detached Zero Lot Line. i. A maintenance easement of 10 feet in width must be obtained on the lot adjacent to the zero lot line side. ii. The opposite side yard must be maintained clear of any obstructions other than a three (3) foot eaves encroachment, swimming pools,normal landscaping,removable patio covers extending no more than five (5)feet,or garden walls or fences. In no case shall any encroachment other than a fence be placed within the required maintenance easement. iii. The zero lot line side must not be adjacent to a road ROW. (2) Single Family Small Lot. i. Landscaping plantings,in accordance with Section 165-802.03 of this Ordinance, shall be provided on each individual lot. The trees shall be a minimum of two(2)inches in caliper at time of planting, and the shrubs shall be a minimum of three (3). IV-18 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE ii. Detached accessory structures may not exceed 150 square feet. (3) Multiplex. i. All multiplexes shall be setback at least 20 ft.from all parking areas and driveways. ii. All unroofed decks, stoops,landings, and similar features shall be setback at least 15 ft. from parking areas or driveways. (4) Townhouse; back-to-back townhouse. i. All townhouses shall be setback at least 15 ft.from all off-street parking lots. ii. All unroofed decks, stoops,landings, and similar features shall be setback at least 10 ft. from all off-street parking lots. (5) Rear alley townhouse. i. The side setback may be reduced to 10 feet when adjacent to a private roadway or parking lot. (6) Garden Apartments,Multifamily Residential Buildings, and Age-Restricted Multifamily Housing. i. Buildings placed side to side shall have a minimum distance of 20 ft.between buildings. ii. Buildings placed side to back shall have a minimum distance of 35 ft. between buildings. iii. Buildings back to back shall have a minimum distance of 50 ft. between buildings. E. Residential Uses.The following figures generally depict the layout of permitted residential uses in the RP district. IV-19 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-2. Single-Family Detached Rural Traditional. C I � I � I I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — i I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — I L — ell —— —— ——————————————————— ———————————l + I , - - si - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - KEY.. A M' viivAmm Setbacks -Al:T-rovit A2: Side A3:T_car 13 Nni ijwim Setbacks - 31:-Frb4t 133:`i?ear C Mioivrawn Setbacks- C:All FROM rroperty Civics IV-20 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-3. Single-Family Detached Traditional. C — - - - - - - - - - - - - - — - - — - - - - - - - - - - - - - - - - - — — — I — — B3 — — — — — — — — — — — — — — — — — — — — — — — — — — - - - A3 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' I II ' I II ' I II ' I II ' I I I � ' I II l N p I C9 I E I ' k I [ I I ' II ' � I I I ' II ' � II ' � II ' � II ' � Ik ' � p ' I ' I ' � — A1 --——————————————————— ————————— � � I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — KEY: A 1Minimmm Sefhacks- Al:Frovk+ I A2: Side I A3;T-ear 13 Mivikmm Se+backs -131:Frovlt I 'OZ: Side I T33:`_ear G miwijm l sctlomks- C:All Yro�,eri� Livies IV-21 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-4. Single-Family Detached Urban and Single-Family Detached Cluster. C — - — — - — — - — - — — - — - — — — — — — - — — — — - — — — — - — — — , — — — — — — — — — — — — — — — — — — — — — — — — I I I — — — — — — — — — — — — — — — — — — — — — — — , I I I I I I I I I I I I 11 II I I I I II II II II 1 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I I � II I II I I I I II II I I I N I I I � II 11 II I I I KEY•. A Mivliwmvn Sci-!oxks--Al:Frovit A2:Side A3:-i?elr PO Maim= Setbacks -1�1:-FYOVIt 13Z: Side P�3:Rear C Wl41lvw4m Setbacks - C:All r, Property GNcs IV-22 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-5. Single-Family Detached Zero Lot Line. C — — — — — — — — — — — — — — — — r — — — — — — — — — — — — — — — — — I I I I I I I 1 I I I I I k I I I I I I I I I I I I I I I I f I N I m I I l I Q I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I _ I I I I I I I I I I I I I I I I I I i I KEY: A Wll0mvvn Setbacks --A1:�rovl-t- A2-: SJe 3;�erar 13 Ngw'it om Setbacks --131:-FroV]t 132: Slde P,3:-Rear C lMivl'nvn M Setbacks- C:All T'ropel+y Liwes IV-23 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-6. Single-Family Small Lot,Detached with Rear Alley. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -I I I - - - - B3 - - - - - - - - - - - 1 I � FA3 — — — — — — — — — — — — — — — — — — — - I I I I I I I N I I N GC I I � I � - - A 1 ---- ---- ------- I I I - BI - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - KEY. fA Mivlivwm Set�acks -M:Frovit -A2: Side I A3,74ear 13 Wt"v�itrne�vn Setbacks-131:frovlt 13Z: Side 1 133:gear C WlkIMC vn Setbacks- C:{All "Property Uns IV-24 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-7. Single-Family Small Lot,Attached with Rear Alley. I I I i I I I I i I I I ca ' I I i i I i � I i � I I i I i � — BI — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — � KEY: -A lMieIimm Sep backs - 1:Frmt z: Side -A3;1�ear 'D Miviiwtiw Setbacks --F31:-FrDvlt T32: Side �33;-P_ear C MlI+ M(4m Shacks- C:All Property Lutes IV-25 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV 8. Single-Family Small Lot,Detached without Alley. Q - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , — — — — — — — — — — — — — — — — — — — — — — — — A3 — - - - - - — — — - — — fV N or t � - - - - - - - - - - - - - - - - - - - - - - - - - - t � t t � — Bl KEY: A fti0mm Se+backs-,41: Frou-i- A21: Side I A3:T-ear -P wtiwivniAm Se+b,icks -131:-Frovit -32.: Side 1 133:-Rear C 1MinivnAvn - C:-All Trvpert� Lives IV-26 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-9. Single-Family Small Lot,Attached without Alley. C - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I ' I I Aa - - - - - - - - - - - -� I ' I I N ' I I ' I I I i I I Q i I I i I I i I r Al ————— — — I I I I I I I I I I I I I I I I L — B1 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — - KEY: A Mini mAm Scii acks-Al:-Frovrt t�2: Side A3:War 13 WlWmwrn Setbacks-1 1:-Frovit 13Z: Side- P33:T_ear C IMkitmmm Setbacks - C:-}II �ro�e� h �lv�es IV-27 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-10.Multiplex. C - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - I I , I I � I I � I , I I -f- ----_ a1 --- _—— ------------ -I- I - B)I KEY: -A Wiivn m Setbacks -fl1: 7FrDVlt AZ: SOc ( A3:-Rea, "P >Mivilwm Setbacks - [31,:Frav,t 132:Sick -T33:T-ear G W1imumm Se+backs - G:-All PrDper-Yy Live,,, IV-28 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-11. Townhouse,without Garage. ----------- I I I I I PF A3 - I i i I Al � ' I � ' I I 4 � i N ' I I i I I I I I I ' I I �Y — — — — — — — — — — — — — — — — — — — — —' KEY: -A Mlvii vmm Setbacks --Al 1Trovit A2: Side A3:-P-ear 13 Mioi mm Setbacks -131:-frovit ( 132: Sldc -D3:T-ear C m q'vmmlm Setbacks - C:All T-pert� Lmcs IV-29 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-12.Townhouse,with Garage. — B3 — — — — — — — — — — — — — — — , I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I N I I I I I I I I I I I I I I I I I I I I I I I I — — — — — — — - - - 4 .. KEY: A W1iWmmm Se-rbcncks -Aj1 -frov-f AZ; Side -A3:7—car -13 Mi0vwm Setbacks -'D1:-Frovl+ 13Z:Sick P03:`i--'ear C Mmim vh Se+hacks- G:All Pro�er-h� Lives IV-30 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-13.Townhouse, Bach-to-Bach,with Garage. rFB3 - — — — — — — — — — — — — — — — — — — — — I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I C I I I I I I I C I I I I I I I I I 1 I I I N I I I m I Al — — — — —I I KEY: -A MiWvn(Avn Sctback5 -Al;Front ( -A2: Side -F, M1vimmm Setbacks -'P1:1=rovit I P2: Side PD3:7-car I 'Pro�ert�q Gores IV-31 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-14. Garden Apartments. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ti3 - - - - � i i i I I I I V I p I f I I I I I I I I - - - - - - Al /A2 - - - - - - - - - - - - - - - - - - - - - - - - KEY: TrivicipA S+ratorl -A MiVliVhA0l Se+bM(G S - 7M ��� AZ f raw+ (from-Rovwlgarl fwq) � AZ: Side fl3:`P-ear �'roper+y Lies IV-32 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-15.Multifamily Residential Buildings. - - -®- - - - - - - - - - - - - - - - - - - - - - - I- A3 I � I � I � I � I � I � I � I � I � I � i i N 4 i I I � A4 - - - - - - - - - - - - - - - - - I � I I I I I I I I I I I L - - - - - - - - A1 - - - - - - - - - - - - - - KEY: A +Mivlvnctvn Setbacks -Aj:Froot I fA2: Sidle ¢A3:?-egr -t4;From`Parkilig � Wliulivnrnlm Se+backs -T�;`�ear r �ro�eat� Limes IV-33 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure IV-16.Age-Restricted Multifamily Buildings. - - -®- - - - - - - - - - - - - - - - - - - - - - - I— A3 I � I � I � I � I � I � I � I � I � I � i i N Q I I � A4 — — — — — — — — — — — — — — — — — I � I I I I I I I I I I I L — — — — — — — — Al — — — — — — — — — — — — — — KEY: A +Mivlvnctvn S&- &wks -A1:Frow+ I fA2: Sidle I -A3:?-ear I -t4:From`Parkiliq Wliulivnrnlm Se+backs -TV;_ear is r Yrvpert'� �'�te5 IV-34 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-405.02. MH1, Mobile Home Community District Standards. Table IV-9.MH1 Mobile Home Community District Standards. Individual Manufactured Home Total Community Area Sites Minimum Maximum Density (du/acre) t Area All Lots 4,000 s o. ft. Minimum Required Setbacks Perimeter Setback Principal Structures 50 ft. Accessory Structures 5 ft. Street ROW Setback Principal Structures 20 ft. Common areas, parkiijg lots and sidewalks Minimum Distance Between Structures Princi al Structures 10 ft. Princi al Structures 20 ft. A. General Requirements. (1) Manufactured homes may be located in planned developments on parcels of land under common ownership or as manufactured home subdivisions. B. Development Standards. (1) Lots.The corners of lots for each individual dwelling unit shall be clearly posted by permanent markers which shall be maintained. (2) Utilities. Certification from the Virginia Department of Health(VDH)that each manufactured home lot will be provided with an approved source of water supply and an approved means of sewage disposal must be obtained before the manufactured home park will be approved. i. Water and sewer service must be provided through a public or community systems. ii. All community systems shall be dedicated to a public authority. (3) Streets.Notwithstanding all applicable requirements of Chapter 144, Subdivision of Land, of the County Code,the following standards shall apply to all streets in all manufactured home parks: i. Public Streets.All manufactured home lots in a manufactured home park shall have direct access to a dedicated public street which meets all requirements of the Virginia Department of Transportation (VDOT). ii. Private Streets. The Board of Supervisors may allow new sections of existing manufactured home parks,which are currently served by a complete system of private streets,to be provided with access using private streets. In such cases,the private streets must meet the following requirements: IV-35 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE a. Right-of-Way. (1). The minimum width for private streets in a manufactured home park shall be 30 feet. (ii).Dead-end streets shall be provided with cull-de-sac,with a minimum radius of 40 feet. b. Pavement. (i). A minimum pavement width of 20 feet shall be provided,with a minimum shoulder width of six(6)feet. (ii).The minimum paved radius for a cul-de-sac shall be 30 feet. c. Private streets shall be adapted to the topography and shall have suitable alignment and gradient for traffic safety, satisfactory surface drainage and proper functioning of sanitary and storm sewer systems. d. A surface of bituminous prime-and-double-seal treatment shall be applied on a base of no less than six(6)inches of compacted gravel. The full width of the street shall be properly graded to provide suitable grades for pavements,adequate surface drainage and convenient access to the manufactured home lots. e. Street intersections shall generally be at right angles. Offsets at intersections and intersections of more than two (2) streets at one (1)point shall be avoided. Part 406. Business Districts. Section 165-406.01. Business District Standards. Table Business District Standards. B1,Neighborhood B2, General B3,Industrial HE,Higher Business Business Transition Education t Size All Lots Minimum , Minimum Required Setbacks Front All Structures, if front yard is on 50 ft. primary or arterial highway All Structures, if front yard is on 35 ft. collector or minor street Side All Structures 15 ft. 15 ft.* Rear All Structures 15 ft. 25 ft.* IV-3 6 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE TableI Business District Standards. B1,Neighborhood B2,General B3,Industrial HE,Higher Minimum Business Business Transition Education All Lots • Width Minimum Lot Depth Maximum All Lots Floor All Lots 0.3 T 1.0 2.0 Maximum All Structures 35 ft. 35 ft.** 45 ft. *When the adjacent use is single-family residences,an additional foot shall be added to the minimum side and rear yard setback,as measured from the respective yard boundary,for every foot that the height of the structure exceeds 45 feet. **Uses may exceed the height limitation so long as all front,side and rear setbacks conform to the setback requirements for the Ml(Light Industrial Zoning District.In no case shall any structure exceed 45 feet in height A. B-2, General Business District Development Standards. (1) The Board of Supervisors may require that more than 15% of the area of a site shall be landscaped in order to meet the intent of this Article. i. Additional landscaped areas may be required to ensure that all unused areas are landscaped and to improve the general appearance and use of the site. Part 407. Industrial Districts. Section 165-407.01. Industrial District Standards. District TM, Technology- Ml,Light M2, IndustriaLM l EM,Extractive Manufacturing Park Industrial General Manufacturing Minimum District Size Minimum All 10 contiguous acres t Size All Lots , Minimum Required Setbacks Front All Structures, if front yard is on primary or arterial All Structures highway 75 ft. 50 ft. All Structures 75 ft. All Structures' ff i ront yard is Excavations on collector or minor street 100 ft.** 35 ft. Side IV-37 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE 1 1 1N i 1 i , i PF TM, Technology- M1,Light M2,Industrial EM,Extractive Manufacturing Park Industrial General Manufacturing M g 25 ft. All 15 ft. 25 ft. 100 ft.*** if adjacent Structures property is zoned RA, RP, R4, R5 or MHI Rear All 15 ft. 25 ft. 25 ft. Structures Minimum All Lots ' Width Minimum Lot Depth Maximum All Lots FloorRatio (FAR) All Lots 2.0 1.0 Maximum Height Office Buildings 90 ft. Automobile Parking Structures All Structures All Structures 70 ft. 60 ft. 45ft. All Other Uses 60 ft. **The Board of Supervisors may reduce the required front setback for excavation to 50 feet if it determines that,through the use of measures,such as landscaping or screening,the effective protection afforded to adjacent properties has not been reduced. ***The Board of Supervisors may reduce this required setback to 50 feet if it determines that,through the use of measures,such as landscaping or screening,the effective protection afforded to adjacent properties has not been reduced. A. TM, Technology Manufacturing Park Development Standards. (1) Any building facing a road ROW shall be faced on all sides with durable materials, including but not limited to painted two-tone precast concrete panels. (2) Loading docks or loading entrances shall be completely screened from view from public streets and adjoining properties by six(6) foot tall opaque fencing,masonry walls,berms or a double row of evergreen tree plantings. (3) Outdoor storage shall be limited to 35%of total lot area,be located outside of front setbacks, and shall be in conformance with § 165-808.01. B. EM,Extractive Manufacturing Standards. (1) General.All uses shall conform to applicable state,federal, and local regulations,including those governing noise and vibration. (2) Development Standards. IV-38 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE i. All crushing or screening machinery shall be set back at least 300 feet from any property boundary. If such equipment is fully enclosed within a building which maintains the effective protection afforded adjacent properties,the Board of Supervisors may reduce this yard requirement to a minimum of 200 feet. ii. Appropriate landscaping or screening may be required by the Board of Supervisors within any required yard setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse impacts. Part 408. Planned Development Districts. Section 165-408.01. R4, Residential Planned Community District Standards. Table ' Residential Planned 1 1 I I 1 1 Minimum District Size All LOtS�TOtal DlStrlet GrossMaximum Density All Residential Uses CommercialMinimum and Maximum / Industrial Uses Total District Minimum: 10% of gross area All Other Dimensional Requirements Areas shall be specifically designated for each different use on the MDP. Within those areas,the uses shall meet the applicable All Structures or Lots dimensional requirements set forth for those uses in the RP,B 1,B2, and M1 Zoning Districts. See Tables IV-3,IVA IV-5, IV-6,IV-8,or IV-9. A. General Standards. (1) Alternative Dimensional Plan.An alternative dimensional plan may be included with the MDP for the development.This plan shall describe a system of dimensional requirements for all planned uses in the development. i. When these dimensional requirements are approved,they shall constitute enforceable amendments to this Ordinance, applying to the land included in the development, and shall replace other dimensional requirements contained in this Ordinance. Such alternative dimensional requirements shall be based on general concepts described by the plan submitted. ii. The Planning Commission and Board of Supervisors shall only approve an alternative plan if the plan: a. Meets all of the intentions of this Ordinance; and b. Conforms to policies set forth in the Comprehensive Plan. IV-39 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (2) 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. i. 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. ii. Essential street entrances to the planned residential community shall be provided with the initial phases of the development. iii. 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. B. Development Standards. (1) Housing Types.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. i. 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,garden apartments, or any combination of those housing types. (2) Road Access. i. All planned community developments shall have direct access to an arterial or collector road or to roads improved to arterial or collector standards. ii. The planned community development shall be provided with a complete system of public streets dedicated to the VDOT. iii. 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. iv. The road system shall conform with the Frederick County Comprehensive Plan and with road improvement plans adopted by the County. (3) Pedestrian Access. i. 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. ii. Such walkways shall be connected with existing walkways adjacent to the planned community development. IV-40 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE iii. All pedestrian access shall comply with applicable requirements of Section 144-302.07 of the County Code. C. Modifications; applicability of other regulations.An applicant may request as part of an application for rezoning to the R4 District that a modification to specific requirements of Chapter 144 of the County Code,this Ordinance, or other requirements of the Frederick County Code applicable to physical development be granted. (1) 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. (2) The Board of Supervisors may approve or disapprove such request, in whole or in part, following review by the Planning Commission. (3) 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: i. Specification of the Code section(s)to be modified and the proposed alternative standard; ii. Exhibits demonstrating application of the modified standard such as a detailed plan and/or elevation drawing; and iii. Identification of the relationship of the modification to the overall community concept. (4) The planned community development shall conform with all regulations of this Ordinance and the Frederick County Code unless specifically exempted by this Part or modified by the Board of Supervisors through the rezoning process. Section 165-408.02. R5, Residential Recreational Community District Standards. Table IV-13.R5 iliftntial Recreational Community District Standards Minimum District Size Total District 500 contiguous acres Minimum Lot Area Townhouses in Age-Restricted 2,000 square ft. Communities Areas shall be specifically designated for each different use on the MDP. Within those areas,the uses shall meet the applicable All Other Lots dimensional requirements set forth for those uses in the RP,B 1, and B2 Zoning Districts. See Tables IV-3,IV-4, IV-5, IV-6,or IV-8. Maximum Gross Density All Residential Uses 2.3 du/acre Minimum Required Setbacks* Front IV-41 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Table IV-13. R5 Residential Recreational Community District Standards Garden If fi"ont yard is on a public Apartments road, greenway, or 35 ft. in Age- neighborhood collector Restricted If fi"ont yard is on a local Communities street,parking area, or 20 ft. driveway If front yard is on a public 35 ft. Townhouses road or greenway in Age- If front yard is on a Restricted neighborhood collector, Communities local street,parking area, 20 ft. or driveway Areas shall be specifically designated for each different use on the All Other Structures MDP. Within those areas,the uses shall meet the applicable dimensional requirements set forth for those uses in the RP,B 1, and B2 Zoning Districts. See Tables IV 3,IV-4, IV-5, IV-6,or IV-8. Side Garden Apartments in Age-Restricted 50 ft. (perimeter boundary) Communities Townhouses in Age-Restricted 30 ft. (perimeter boundary) Communities Areas shall be specifically designated for each different use on the All Other Structures MDP. Within those areas,the uses shall meet the applicable dimensional requirements set forth for those uses in the RP,B 1, and B2 Zoning Districts. See Tables IV-3,IV-4, IV-5, IV-6,or IV-8. Rear Garden Apartments and Townhouses in 50 ft. (perimeter boundary) Age-Restricted Communities Areas shall be specifically designated for each different use on the All Other Structures MDP. Within those areas,the uses shall meet the applicable dimensional requirements set forth for those uses in the RP,B 1, and B2 Zoning Districts. See Tables IV-3,IV-4, IV-5, IV-6,or IV-8. Minimum Distance Between Structures Garden Two-Story Buildings 30 ft. front and side Apartments in 50 ft.rear Age-Restricted Three-and Four- 40 ft. side Communities Story Buildings 50 ft. front and rear Townhouses in Age-Restricted 30 ft. side. Communities 50 ft. front and rear Areas shall be specifically designated for each different use on the All Other Structures MDP. Within those areas,the uses shall meet the applicable dimensional requirements set forth for those uses in the RP,B 1, and B2 Zoning Districts. See Tables IV-3,IV-4, IV-5, IV-6,or IV-8. Minimum Lot Width IV-42 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Tablei District Standards Townhouses in Age-Restricted 20 ft. Communities Areas shall be specifically designated for each different use on the All Lots MDP. Within those areas,the uses shall meet the applicable dimensional requirements set forth for those uses in the RP,B 1, and B2 Zoning Districts. See Tables IV-3,IV-4, IV-5, IV-6,or IV-8. FloorMinimum Lot Depth;Maximum ' ' ' Areas shall be specifically designated for each different use on the All Lots MDP. Within those areas,the uses shall meet the applicable dimensional requirements set forth for those uses in the RP,B 1, and B2 Zoning Districts. See Tables IV-3,IV-4, IV-5, IV-6,or IV-8. Maximum Height Garden Apartments in Age-Restricted 65 ft. Communities Townhouses in Age-Restricted 35 ft. Communities Accessory Structures in Age-Restricted 20 ft. Communities Areas shall be specifically designated for each different use on the All Other Structures MDP. Within those areas,the uses shall meet the applicable dimensional requirements set forth for those uses in the RP,B 1, and B2 Zoning Districts. See Tables IV-3,IV-4, IV-5, IV-6,or IV-8. CommercialMaximum Total District 6% of gross area *With the townhouse housing type,decks may extend five(5)ft.into rear yard setback areas.If the townhouse housing type abuts open space,decks may extend up to 12 ft.into rear vard setback areas_Front porches,stoops and steps may extend 8 ft.into front yard setback areas. A. General Standards. (1) If a Residential Recreational Community District is proposed to be developed in phases, common open space shall be provided within each phase in proportion to the fraction of the total area of the development in each phase. i. Recreational facilities shall be provided with each phase in proportion to the fraction of the total dwelling units in each phase. ii. Essential street entrances to the planned residential community shall be provided with the appropriate phases of the development as scheduled on the approved MDP. B. Development Standards. (1) Access.All residential recreational community developments shall have direct access to an arterial or collector road or to roads improved to arterial or collector standards. (2) Sidewalk and Pedestrian Access.In addition to street and sidewalk requirements in accordance with Section 144-302.07 of the Frederick County Subdivision Ordinance,the following shall apply: IV-43 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE i. A combined system of pedestrian and/or bicycle access,in the form of paved sidewalks, interior walkways or bike paths, shall be provided to allow walking or bicycling between every use, structure or recreational facility. ii. All sidewalks and pedestrian paths used as alternative access shall comply with the requirements of Section 144-302.07 of the Frederick County Code. iii. Access shall be connected with existing travelways adjacent to the residential recreational community development. iv. In age-restricted communities,at the time of MDP review,the Zoning Administrator may allow local streets without sidewalks to be used and incorporated into the system of pedestrian and bicycle access. The type and nature of trails to be used shall be identified, detailed, and approved on the MDP. (3) Environmental Protection.Upon recommendation of the Planning Commission,the Board of Supervisors may allow waivers of,or variations to,the environmental requirements of Article VIII, Community Development Standards,of this Ordinance in residential recreational communities. i. Such waivers shall be shown on the MDP. ii. In such cases,the environmental features and their function shall be preserved to the greatest extent possible. (4) Landscaping Alternative in Age-Restricted Communities. i. In age-restricted communities,the following landscaping alternative may be provided in lieu of that required in Article VIII, Community Development Standards, of this Ordinance when utilizing the single-family small lot housing type that front on private streets: a. Minimum landscape plantings, in addition to the required street trees, shall be three (3)trees and 12 shrubs. b. Trees shall be a minimum of two (2)inches in caliper at time of planting. c. Shrubs shall be a minimum of 12 inches in height at time of planting. C. Street Standards. The residential recreational community shall be provided with a complete system of public streets dedicated to VDOT.The road system shall conform with the Frederick County Comprehensive Plan and with road improvement plans adopted by the County. (1) Within any portion of a residential recreational community,the Board of Supervisors may waive the public street requirement and allow for the installation of private streets,provided that a program for the perpetual maintenance of all streets is provided which is acceptable to the Board of Supervisors and the Zoning Administrator. i. Developments utilizing private streets shall meet the following conditions: a. The plan for the development shall include 1,000 or more planned lots; IV-44 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE b. The subdivision design plans and final subdivision plats for all lots that utilize private streets shall include language that states, "The private streets within this development are not intended for inclusion in the system of state highways and will not be maintained by VDOT or Frederick County.Frederick County and VDOT have no, and will have no,responsibility for the maintenance,repair, or replacement of the private streets within this development.The maintenance and improvement of said private streets shall be the sole responsibility of the property owners' association."; c. The developer shall establish a reserve fund dedicated solely for the maintenance of the private streets within the development.The reserve fund shall consist of a specified percentage of all dues collected from the residents as determined by the developer. The percentage may be reduced by the developer or the property owners' association (POA)only after a reserve study has been completed and said study shows that a lesser amount is necessary to maintain the private street system within the development.The POA shall complete a capital reserve study on a biennial basis, and such study will be used as the basis of the reserve funding. Such reserve study shall be held at the office of the POA and available for review by the County,if requested; and d. Sales brochures or other literature and documents,provided by the seller of lots served by such private streets, shall include information regarding responsibility for maintenance,repair,replacement, and covenants pertaining to such lots,including a statement that the County has no, and will have no,responsibility for the maintenance,repair,or replacement of private streets. ii. All private streets shall meet all VDOT standards for: a. Structural section design; b. Material composition and quality; c. Construction standards,techniques, and workmanship quality; d. Drainage and stormwater management systems; and e. All the design,testing and materials, and in-place quality testing and as-built drawings for the road system must be certified by the developer,the builder, and a registered professional engineer in the Commonwealth of Virginia,that the roads meet all of VDOT structural and quality standards, and the plans are submitted to the Frederick County Engineer and the Frederick County Department of Planning and Development. Three (3)classes of private streets permitted shall be identified on an MDP as follows: a. Greenways.All private streets with a projected Average Daly Traffic (ADT)count of over 3,000 shall have a minimum ROW of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of two (2)inches at the time of planting, spaced not more than 50 feet apart. Along the portions of ROW which abut mature woodland,the Planning Director may waive the requirement for street trees. The horizontal center line geometries and IV-45 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 miles per hour(mph). b. Neighborhood collectors.All private streets with a projected ADT count of over 400 shall have a minimum ROW of 50 feet and may have lot frontage.Neighborhood collectors shall be lined on both sides with street trees having a minimum caliper of two (2)inches at the time of planting, spaced not more than 50 feet apart.The horizontal center line geometries and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 mph. c. Local streets.All private streets with a projected ADT count of 400 or less shall have a minimum ROW of 30 feet and may have lot frontage. Local streets shall be lined with street trees having a minimum caliper of two(2)inches at the time of planting, spaced not more than 50 feet apart. The horizontal center-line geometries and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 20 mph. iv. Within R-5 residential recreation community developments approved prior to 1980,the Board of Supervisors may allow the extension of existing private roads if no other means of access is available. V. Within developments utilizing private streets, a certified professional engineer,licensed in the Commonwealth of Virginia, shall be employed by the developer to monitor and supervise: a. The materials used; b. The adequacy of the subgrade; c. The installation of drainage structures, curb and gutter,and all concrete items; and d. All road, driveway, and parking area construction activities,including material compaction, grading tolerances, and compliance with the plans and specifications. vi. Prior to bond release,the certified professional engineer shall provide the County with certification that: a. The bonded phase or section of construction met density requirements; b. All material depths were verified for compliance; and c. The road and parking areas have been constructed in strict accordance with the plans and specifications. Section 165-408.03. General Standards for R4 and R5 Planned Development. A. Applicability.The standards of this Section shall apply to all development in the R4 and R5 Zoning Districts. B. General Standards. IV-46 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) All phases of a planned or recreational community development shall be included under a single property owners' association according to the requirements of Chapter 144, Subdivision of Land,of the County Code. (2) 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(CUP)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 MDP required for the property. C. Development Standards. (1) The requirements of Chapter 143 of the County Code shall apply to the total residential planned or recreational community development. (2) All residential planned and recreational community developments shall be served by public sewer and water facilities owned by or dedicated to a public authority. Section 165-408.04. MS, Medical Support District Standards. MinimumTable IV-14.MS Medical Support District Standards. Lot Size Total District Area 20 acres Maximum Residential Density CCRC 10 du/acre* Single-family detached and single-family attached 1 du/3,000 SF residential structures All Other Residential Uses 1 bedroom/1,000 SF RequiredMinimum b. Front** Non- If front yard is on urban collector 50 ft. Residential I.f Uses frontyard is on urban local 35 ft. Residential If front yard is on public urban local 25 ft. Uses*** If front yard is on private urban local 20 ft. Side and Rear All Other Uses I None Minimum 'All Lots Width None Minimum Lot Depth All Lots None Maximum Floor Hospitals,office buildings,conference/events centers, 2.0 wellness centers, and educational support services All Other Uses 1.0 Maximum Height IV-47 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Table IV-14. NIS Medical Support District Standards. Hospitals, office buildings,colleges/universities and 90 ft. libraries Residential care facilities,nursing and personal care facilities, dormitories, garden apartments, and parking 70 ft. structures All other uses permitted in MS 35 ft. `Single-family detached and single-family attached residential structures having individual access shall have an average lot area of 3,000 square feet per dwelling unit.All other residential land uses shall provide a minimum of 1,000 square feet of average lot area per bedroom. #`Parcels which are designed to have parking lots located behind the building may have a reduced front yard setback of 20 feet from any urban collector street and 15 feet from any urban local street. "#On residential units utilizing a rear alley for access,the setback off of a private road may be reduced by 10 feet,provided there are not driveways on the private road to the residential unit.Structural front yard setbacks from private roads shall be measured from the edge of the access easement. ****The maximum FAR shall be based on the total site area for a master-planned MS(Medical Support)District development that is to be developed as one(1)parcel,or for the total site area of individual parcels in the development that are subdivided for development purposes. A. Development Standards. (1) Individual parcels which are designed to have structures placed on a side or rear property line shall be provided with a maintenance easement on the adjoining parcel that is a minimum of 10 feet in width. (2) All manufacturing and wholesale support services must meet the Flex-Tech performance standards established in Article VII,Additional Regulations for Specific Uses,of this Ordinance. (3) A clear zone void of structures, signage, vegetation, and berms shall be established in areas determined by the Fire Marshal to ensure appropriate emergency access for all land uses. i. These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet. ii. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development. (4) Parking Lots. i. Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed parcels. ii. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three (3) feet in height above the finished grade developed at a slope of 3:1. a. Evergreen shrubbery that is a minimum of two (2)feet tall at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear IV-48 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE feet. This element shall begin at the street ROW and end at the beginning of the parking lot. b. Parking lots located between the urban local street and the building front shall be developed to the standards set forth in Article VIII, Community Development Standards, of this Ordinance. (5) Access Regulations. i. All land uses permitted in the NIS district shall be served by street systems that are constructed to the geometric design standards for urban collector streets and urban local streets. Such street systems may be private or may be dedicated to Frederick County for eventual acceptance into the state secondary road system. ii. Parcels that contain portions of collector street systems that are intended to continue through to other parcels to meet the intent of the Frederick County Comprehensive Plan shall be built to applicable state secondary road standards and shall be dedicated to Frederick County for eventual acceptance into the state secondary road system. iii. Commercial entrances for permitted support services and entrances for related residential developments on urban collector streets shall have a minimum spacing requirement of 250 feet or minimum VDOT spacing,whichever is greater,between entrances. iv. Commercial entrances for permitted support services and entrances for related residential developments shall have a minimum spacing requirement satisfying VDOT spacing standards, from street intersections to provide for adequate vehicle stacking. V. Driveways serving individual related residential land uses shall only be permitted along urban local streets. vi. All permitted land uses shall be designed to provide for internal traffic circulation and interparcel connectors to adjoining land uses to provide for access between uses without entering onto urban collector streets.The Zoning Administrator may grant a waiver to this requirement if topographic constraints or land use conflicts prevent interparcel connectivity or make it undesirable. IV-49 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Article V. Overlay Districts. Part 501. Establishment of Overlay Districts. Section 165-501.01. Overlay Zoning District Establishment. A. This Article establishes overlay districts,which apply additional standards to the development and design requirements of land in Frederick County. These district standards exist as overlays to the existing underlying zoning districts established in Article IV,Primary Zoning Districts,of this Ordinance.As such,the provisions for the overlay districts do not replace,but shall serve to supplement the underlying district provisions. (1) If there is any conflict between the provisions or requirements of an overlay district and those of any underlying primary district,the more restrictive provisions will apply. B. Frederick County is hereby divided into the following overlay districts: Overlay Zo1, All Overlay Districts API Airport FP Floodplain HA Historic Area IA Interstate Area TNDB Traditional Neighborhood Design-Business Part 502. AP1, Airport District. Section 165-502.01. Purpose and Intent. The API,Airport District is intended to ensure the complete safety of the Winchester Regional Airport. It is intended to prevent the encroachment of airport hazards and require existing potential airport hazards to be removed, altered, marked, or lighted as deemed necessary by the Executive Director of the Winchester Regional Airport Authority. This Part also provides for noise easements and noise abatement to protect adjoining zones from the exposure of airport noise. Section 165-502.02. Airport Safety Zones. A. In order to carry out the provisions of this district, zones are established which include all of the land and airspace of Frederick County with elevations equal to and above the approach surfaces, transitional surfaces,horizontal surfaces and conical surfaces as they apply to the Winchester Regional Airport.These zones are established as overlay zones and are shown on the Zoning Map which is part of this Ordinance. B. The various zones are hereby established as follows: (1) Airport Zone.A zone that is centered about the runway and primary surface,with the floor set by the horizontal surface. V-1 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (2) Approach Zone.A zone that extends away from both ends of the runway along the extended runway center line,with the floor set by the approach surface. (3) Conical Zone.A zone that circles around the periphery of and outward from the horizontal surface,with the floor set by the conical surface. (4) Horizontal Zone.A zone established as the area within the conical zone,with its center at the airport reference point and having a radius of 7,000 feet. (5) Transitional Zone.A zone that fans perpendicularly from the runway center line and approach surfaces,with the floor set by the transitional surface. C. The source of the specific geometric standards for these zones is to be found in 14 C.F.R.§ 77.19 or in successor Federal Regulations. Section 165-502.03. Height Limitations. A. Except as otherwise provided in this Part,no structure shall be erected, altered, or maintained and no vegetation shall be allowed to grow in any zone created by this Ordinance to a height exceeding the height limit established for each zone. (1) Where an area is covered by more than one (1)height limitation,the more restrictive limitations shall prevail. B. Height limitations are hereby established for each of the zones in question as follows: (1) Approach Zone: one (1)foot in height for each 50 feet in horizontal distance beginning at a point 200 feet from and at the center-line elevation of the end of the runway and extending to a distance of 10,200 feet from the end of the runway;thence one (1)foot in height for each 40 feet in horizontal distance to a point 50,200 feet from the end of the runway. (2) Conical Zone: one (1) foot in height for each 20 feet of horizontal distance,beginning at the periphery of the horizontal zone, extending to a height of 1,122.5 feet above the airport elevation. (3) Horizontal Zone: 150 feet above the airport elevation or a height of 870 feet above mean sea level. (4) Transitional Zone: one (1)foot in height for each seven(7)feet in horizontal distance, extending 200 feet beyond each end of the center line of the runway, extending to a height of 150 feet above the airport elevation,which is 720 feet above mean sea level. i. In addition to the foregoing,there are established height limits of one(1) foot vertical height for each seven(7)feet of horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. ii. Further,where the approach zone projects through and beyond the conical zone, a height limit of one (1)foot for each seven (7)feet of horizontal distance shall be maintained beginning at the edge of the approach zone and extending a distance of 5,000 feet from the edge of the approach zone measured normal to the center line of the runway extended. V-2 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-502.04. Use Restrictions. A. Notwithstanding any other provisions of this district and within the area below the horizontal limits of any zone established by this Part,no use may be made of land or water within any zone established by this Ordinance in such a manner as to: (1) Create electrical interference with navigational signals or radio communication between the airport and aircraft; (2) Diminish the ability of pilots to distinguish between airport lights and other lights; (3) Result in glare in the eyes of pilots using the airport; (4) Impair visibility in the vicinity of the airport; (5) Create the potential for bird strike hazards; or (6) Otherwise in any way endanger or interfere with the landing,takeoff, or maneuvering of aircraft intending to use the airport. B. No permit shall be granted that would allow the establishment or creation of an airport hazard or a hazard to air navigation. C. Any permit granted in the airport zones may be conditioned to require the owner of the structure in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the FAA,the Virginia Department of Aviation,or the Zoning Administrator. Section 165-502.05. Noise. A. Noise Abatement.The Executive Director of the Winchester Regional Airport Authority shall provide the County with a noise abatement plan that will be shown on a day-night average sound level(LDN)map. This map will provide the County with all land that is encompassed within zones of 65 LDN and above. (1) It shall be the responsibility of the Department of Planning and Development to keep and maintain these LDN maps, as well as review all requests for development that fall within the LDN zones to determine the noise impacts on said development. Section 165-502.06. Nonconforming Uses. A. No permit shall be granted that would allow a nonconforming use, structure, or vegetation to be made or become higher or to become a greater hazard to air navigation than it was on the effective date of this Ordinance or any amendments thereto or than it is when the application for a permit is made. B. Whenever the Zoning Administrator determines that a nonconforming structure or vegetation has been abandoned or more than 50%torn down,physically deteriorated, or decayed,no permit shall be granted that would allow such structure or vegetation to exceed the applicable height limit or otherwise deviate from the airport district regulations contained in this Part. V-3 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-502.07. Appeals. A. Prior to being considered by the Board of Zoning Appeals(BZA),the application for a variance from the requirements of the Airport District shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. (1) Such variances shall only be allowed in accordance with Article III, Permits and Applications, of this Ordinance and the Code of Virginia. B. A copy of the application shall be provided to the Executive Director of the Winchester Regional Airport Authority for advice as to the aeronautical effects of the variance prior to consideration by the BZA. C. Any variance granted may be conditioned to require the owner of the structure in question to comply with Section 165-502.04.C., above. (1) If deemed proper with reasonable cause by the BZA, this condition may be modified to require the owner of the structure in question to permit the airport owner, at the airport owner's expense,to install, operate, and maintain the necessary markings and lights. Part 503. FP, Floodplain District. Section 165-503.01. Purpose and Authority. A. This Part is adopted pursuant to the authority granted to localities by Code of Virginia §§ 15.2- 2200, 15.2-2280, and 15.2-2283 and may be referred to as the Frederick County Floodplain Overlay District,floodplain management overlay district, floodplain district,or flood hazard overlay district. B. The purpose of these provisions is to prevent the: (1) Loss of life and property; (2) Creation of health and safety hazards; (3) Disruption of commerce and governmental services; (4) Extraordinary and unnecessary expenditure of public funds for flood protection and relief, and (5) Impairment of the tax base by: I. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development,will cause unacceptable increases in flood heights,velocities, and frequencies; ii. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding; iii. Requiring all those uses,activities,and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage; and V-4 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE iv. Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. Section 165-503.02. Applicability. These provisions shall apply to all privately and publicly owned lands within the jurisdiction of Frederick County and identified as Special Flood Hazard Areas (SFHA) according to the Flood Insurance Rate Map (FIRM) or included in the Flood Insurance Study (FIS) that are provided to Frederick County by the Federal Emergency Management Agency(FEMA). Section 165-503.03. Compliance and Liability. A. No land shall hereafter be developed and no structure shall be located,relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this Ordinance and any other applicable regulations which apply to uses within the jurisdiction of this Ordinance. B. In the event that any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion,the basic underlying district provisions established in Article IV,Primary Zoning Districts,of this Ordinance, shall remain applicable. C. The degree of flood protection sought by the provisions of this Ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study,but does not imply total flood protection. (1) Larger floods may occur on rare occasions. (2) Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. D. This Part does not imply that districts outside the floodplain district,or that land uses permitted within such district,will be free from flooding or flood damages. E. This Part shall not create liability on the part of Frederick County, or any officer or employee thereof, for any flood damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. Section 165-503.04. Floodplain Administrator. A. Designation.The Zoning Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. In the absence of a designated Floodplain Administrator,the duties are conducted by the Frederick County Director of Planning and Development. The Floodplain Administrator may: (1) Administer the duties and responsibilities herein; (2) Delegate duties and responsibilities set forth in these regulations to qualified technical personnel,plan examiners,inspectors, and other employees; and (3) Enter into a written agreement or written contract with another locality or private sector entity to administer specific provisions of these regulations.Administration of any part of these V-5 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE regulations by another entity shall not relieve the County of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program (NFIP) as set forth in the Code of Federal Regulations at 44 CFR 59.22. B. Duties and Responsibilities.The duties and responsibilities of the Floodplain Administrator shall include but are not limited to: (1) Review applications for permits to determine whether proposed activities will be located in the SFHA. (2) Interpret floodplain boundaries and provide available Base Flood Elevation(BFE)and flood hazard information. (3) Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations. (4) Review applications to determine whether all necessary permits have been obtained from the federal, state or local agencies from which prior or concurrent approval is required; in particular,permits from state agencies for any construction,reconstruction,repair,or alteration of a dam,reservoir, or waterway obstruction(including bridges, culverts, structures), any alteration of a watercourse, or any change of the course,current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free flowing,nontidal waters of the state. (5) Verify that applicants proposing an alteration of a watercourse have notified adjacent communities,the Department of Conservation and Recreation(Division of Dam Safety and Floodplain Management), and other appropriate agencies(VADEQ,U.S.Army Corps of Engineers) and have submitted copies of such notifications to FEMA. (6) Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met or disapprove applications if the provisions of these regulations have not been met. (7) Inspect, or cause to be inspected,buildings, structures,and other development for which permits have been issued to determine compliance with these regulations or to determine if noncompliance has occurred or violations have been committed. (8) Review elevation certificates and require incomplete or deficient certificates to be corrected. (9) Submit to FEMA,or require applicants to submit to FEMA, data and information necessary to maintain FIRMS,including hydrologic and hydraulic engineering analyses prepared by or for Frederick County,within six(6)months after such data and information becomes available if the analyses indicate changes in BFEs. (10) Maintain and permanently keep records that are necessary for the administration of these regulations,including: i. FISs,FIRMS(including historic studies and maps and current effective studies and maps) and Letters of Map Change (LOMC); and V-6 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE ii. Documentation supporting issuance and denial of permits,elevation certificates, documentation of the elevation(in relation to the datum on the FIRM)to which structures have been floodproofed, other required design certifications,variances, and records of enforcement actions taken to correct violations of these regulations. (11) Enforce the provisions of these regulations,investigate violations,issue notices of violations or stop-work orders, and require permit holders to take corrective action. (12) Advise the BZA regarding the intent of these regulations and,for each application for a variance,prepare a staff report and recommendation. (13) Administer the requirements related to proposed work on existing buildings,including: i. Making determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged; ii. Making reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair,rehabilitate,or reconstruct; and iii. Prohibiting the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage. (14) Undertaking, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which may include but are not limited to: i. Issuing press releases,public service announcements, and other public information materials related to permit requests and repair of damaged structures; ii. Coordinating with other Federal, State, and local agencies to assist with substantial damage determinations; iii. Providing owners of damaged structures information related to the proper repair of damaged structures in SFHAs; and iv. Assisting property owners with documentation necessary to file claims for Increased Cost of Compliance coverage under NFIP flood insurance policies. (15) Notify FEMA when the boundaries of Frederick County have been modified and: i. Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and ii. If the FIRM for any annexed area includes SFHAs that have flood zones that have regulatory requirements that are not set forth in these regulations,prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation, and a copy of the amended regulations shall be provided to the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA. V-7 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (16) Upon the request of FEMA,complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA. (17) Taking into account flood,mudslide, and flood-related erosion hazards,to the extent that they are known,in all official actions relating to land management and use throughout the entire jurisdictional area of Frederick County,whether or not those hazards have been specifically delineated geographically(e.g.via mapping or surveying). Section 165-503.05. Records. Records of actions associated with administering this Part shall be kept on file and maintained by or under the direction of the Floodplain Administrator in perpetuity. Section 165-503.06. Administration. A. Use and Interpretation of FIRMS.The Floodplain Administrator shall make interpretations, where needed, as to the exact location of SFHAs, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMS and data: (1) Where field-surveyed topography indicates that adjacent ground elevations: i. Are below the BFE,even in areas not delineated as a SFHA on the FIRM,the area shall be considered as a SFHA and subject to the requirements of these regulations; ii. Are above the BFE and the area is labelled as an SFHA on the FIRM,the area shall be regulated as a SFHA,unless the applicant obtains a LOMC that removes the area from the SFHA. (2) In FEMA-identified SFHAs where BFE and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used. (3) BFEs and designated floodway boundaries on FIRMS and in FISs shall take precedence over BFEs and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower BFEs. (4) Other sources of data shall be reasonably used if such sources show increased BFEs and/or larger floodway areas than are shown on FIRMS and in FISs. (5) If preliminary FIRM and/or a preliminary FIS has been provided by FEMA: i. Upon the issuance of a Letter of Final Determination by FEMA,the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations. ii. Prior to the issuance of a Letter of Final Determination by FEMA,the use of preliminary flood hazard data shall be deemed the best available data pursuant to Section 165-503.10, below, and used where no BFEs and/or floodway areas are provided on the effective FIRM. V-8 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE In. Prior to the issuance of a Letter of Final Determination by FEMA,the use of preliminary flood hazard data is permitted where the preliminary BFEs or floodway areas exceed the BFEs and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA. Section 165-503.07. Jurisdictional Boundary Changes. A. The County floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the NFIP.Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards. (1) If the FIRM for any annexed area includes SFHAs that have flood zones that have regulatory requirements that are not set forth in these regulations, the Board of Supervisors shall prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation,and a copy of the amended regulations shall be provided to the Department of Conservation and Recreation(Division of Dam Safety and Floodplain Management) and FEMA. B. In accordance with 44 C.F.R. § 59.22(a)(9)(v), all NFIP participating communities must notify the Federal Insurance Administration and, optionally,the State Coordinating Office in writing whenever the boundaries of the County have been modified by annexation or the County has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area. C. To ensure all FIRMS accurately represent the County's boundaries, a copy of a map of the County suitable for reproduction, clearly delineating the new corporate limits or new area for which the County has assumed or relinquished floodplain management regulatory authority must be included with the notification. Section 165-503.08. District Boundary Changes. A. The delineation of any of the floodplain districts may be revised by Frederick County where natural or man-made changes have occurred and/or more detailed studies have been conducted or undertaken by the United States Army Corps of Engineers or other qualified agency or individual documenting the necessity for such change. (1) Prior to any such change,FEMA approval must be obtained.A completed Letter of Map Revision(LOMR)is a record of this approval. Section 165-503.09. Letters of Map Revision (LOMR). A. The County's BFEs may increase or decrease resulting from physical changes affecting flooding conditions.As soon as practicable,but not later than six(6)months after the date such information becomes available,the County shall notify FEMA of the changes by submitting technical or scientific data. V-9 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) The County may submit data via an LOMR. (2) Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions,risk premium rates, and floodplain management requirements will be based upon current data. B. When development in the floodplain will cause or causes a change in the BFE,the applicant, including state agencies,must notify FEMA by applying for a Conditional Letter of Map Revision(CLOMR)and then a LOMR. Examples may include,but are not limited to: (1) Any development that causes a rise in the BFEs within the floodway. (2) Any development occurring in Zones Al-30 and AE without a designated floodway,which will cause a rise of more than one (1)foot in the BFE. (3) Alteration or relocation of a stream (including but not limited to installing culverts and bridges)in accordance with §§44 C.F.R 65.3 and 65.6(a)(12). Section 165-503.10. Description of Special Flood Hazard Districts. A. Basis of Districts.The various flood hazard districts shall include the SFHAs. The basis for the delineation of these districts shall be the FIS and the FIRM for Frederick County prepared by FEMA,dated January 29, 2021, and any subsequent revisions or amendments thereto. (1) Frederick County may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a Local Flood Hazard Map using best available topographic data and locally derived information such as flood of record, historic high-water marks, or approximate study methodologies. (2) The boundaries of the SFHAs are established as shown on the FIRM which is declared to be a part of this Part, and which shall be kept on file at the Frederick County Department of Planning and Development. B. Description of Flood Hazard Zones.The flood hazard zones described below constitute the Floodplain Overlay District. (1) General AE Zone.Those areas for which one percent(1%) annual chance flood elevations have been provided and the floodway has been specifically defined in Table 2 of the above- referenced FIS and shown on the accompanying FIRMS. i. The following provisions shall apply within the Floodway District of an AE Zone: a. Within any floodway area,no encroachments,including fill,new construction, substantial improvements,or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the County during the occurrence of the base flood discharge. (1). Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications,who shall certify that the technical methods used correctly reflect currently accepted technical concepts. V-10 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Studies, analyses,computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. b. Development activities which increase the water surface elevation of the base flood may be allowed,provided that the applicant first applies,with Frederick County's endorsement, for a CLOMR, and receives FEMA approval. c. If Section 165-503.10, above,is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 165-503.14 through 165-503.16,below. d. The placement of manufactured homes(mobile homes)is prohibited, except in an existing manufactured home (mobile home)park or subdivision.A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision,provided the anchoring,elevation, and encroachment standards are met. ii. The AE Zone on the FIRM accompanying the FIS shall be those areas for which one percent(1%) annual chance flood elevations have been provided and the floodway has not been delineated.The following provisions shall apply within an AE Zone where FEMA has provided BFEs: a. Until a regulatory floodway is designated,no new construction, substantial improvements,or other development(including fill)shall be permitted within the SFHAs, designated as Zones A 1-30 and AE on the FIRM,unless it is demonstrated that the cumulative effect of the proposed development,when combined with all other existing and anticipated development,will not increase the water surface elevation of the base flood more than one (1)foot at any point within Frederick County. b. Development activities in Zones Al-30 and AE, on the Frederick County FIRM which increase the water surface elevation of the base flood by more than one (1) foot may be allowed,provided that the applicant first applies,with Frederick County's endorsement, for a CLOMR, and receives FEMA approval. (2) A Zone.Those areas for which no detailed flood profiles or elevations are provided,but the one percent(1%) annual chance floodplain boundary has been approximated,as shown on the maps accompanying the FIS.For these areas,the following provisions shall apply: I. The BFEs and floodway information from federal, state, and other acceptable sources shall be used,when available. ii. Where the specific one percent(1%) annual chance flood elevation cannot be determined for this area using other sources of data, such as the U.S.Army Corps of Engineers Floodplain Information Reports,U.S. Geological Survey Flood-Prone Quadrangles,etc., then the applicant for the proposed use,development, and/or activity shall determine this BFE. iii. For development proposed in the approximate floodplain,the applicant must use technical methods that correctly reflect currently accepted practices, such as point on boundary,high-water marks, or detailed methodologies hydrologic and hydraulic V-11 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE analyses. Studies, analyses,computations,etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. iv. The Floodplain Administrator reserves the right to require a hydrologic and hydraulic analysis for any development.When such BFE data is utilized,the lowest floor shall be elevated to or above the base flood level no lower than one (1)foot above the BFE. v. During the permitting process,the Floodplain Administrator shall obtain: a. The elevation of the lowest floor(in relation to mean sea level), including the basement, of all new and substantially improved structures; and b. If the structure has been floodproofed in accordance with the requirements of this Part,the elevation (in relation to mean sea level)to which the structure has been floodproofed. vi. BFE data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in an FIS for subdivision proposals and other proposed development proposals(including manufactured home parks and subdivisions)that exceed 50 lots or five (5) acres,whichever is the lesser. (3) X Zone. If shaded on the FIRM,these are areas of the County where the annual flood risk is considered moderate at between one percent(1%)and 0.2 percent(0.2%). If unshaded,these are areas where the annual flood risk is considered low at below 0.2 percent(0.2%). There are no specific development requirements in the X Zone pursuant to this Part. Section 165-503.11. Flood Insurance Rate Map (FIRM). The boundaries of the SFHA and floodplain districts are established as shown on the FIRM,which are by reference made a part of this Ordinance and which shall be kept on file at the Frederick County Department of Planning and Development. Section 165-503.12. Interpretation of District Boundaries. A. Initial interpretations of the boundaries of the floodplain districts shall be made by the Zoning Administrator. Should a dispute arise concerning the boundaries of any of the Districts,the BZA shall make the necessary determination in accordance with Article III,Permits and Applications, of this Ordinance. (1) The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the BZA and to submit technical evidence if they desire. Section 165-503.13. Permit and Application Requirements. A. Permit Requirement.All uses, activities, and development occurring within any floodplain district,including placement of manufactured homes, shall be undertaken only upon the issuance of a permit. (1) Such development shall be undertaken only in strict compliance with the provisions of this Ordinance and with all other applicable codes and regulations,including but not limited to the V-12 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Virginia Uniform Statewide Building Code(VA USBC),the Frederick County Subdivision Ordinance,and the Erosion and Sediment Control Ordinance. (2) Prior to the issuance of any such permit,the Zoning Administrator shall require all applications to include compliance with all applicable state and federal laws. (3) Under no circumstances shall any use, activity,development and/or construction activities adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. (4) In circumstances where a permit is not required, all development and/or construction activities occurring within any floodplain district shall be undertaken only upon approval by the Zoning Administrator. B. Site Plans and Permit Applications.All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information: (1) The elevation of the base flood at the site; (2) For structures to be elevated,the elevation of the lowest floor(including basement); (3) For structures to be floodproofed(nonresidential only),the elevation to which the structure will be floodproofed; and (4) Topographic information showing existing and proposed ground elevations. C. Standards for Subdivision Proposals. (1) All subdivision proposals shall: i. Be consistent with the need to minimize flood damage; ii. Have public utilities and facilities such as sewer, gas,electrical, and water systems located and constructed to minimize flood damage; and iii. Have adequate drainage provided to reduce exposure to flood hazards. (2) In A Zones,BFE data shall be obtained from other sources or developed using detailed methodologies,hydraulic and hydrologic analysis,comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions)that exceed 50 lots or five (5)acres,whichever is the lesser. D. Alteration or Relocation of Watercourse. In addition to the other applicable provisions of this Part,the following additional provisions shall apply in all SFHAs: (1) Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc.,within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, VADEQ, and the Virginia Marine Resources Commission(a joint permit application is available from any of these organizations). I. Furthermore, in riverine areas,notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions,the Department of Conservation and Recreation V-13 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (Division of Dam Safety and Floodplain Management),other required agencies, and FEMA. (2) The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained. Section 165-503.14. General Standards. A. In all identified flood hazard areas where BFEs have been provided in the FIS or generated by a certified professional in accordance with Section 165-503.10, above,the following provisions will apply: (1) New construction and substantial improvements shall be: a. Built according to the VA USBC, and anchored to prevent flotation, collapse, or lateral movement of the structure. b. Constructed with materials and utility equipment resistant to flood damage. c. Constructed by methods and practices that minimize flood damage. (2) Electrical,heating,ventilation,plumbing, air-conditioning equipment, and other service facilities,including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (3) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (4) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters. (5) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Section 165-503.15. Elevation and Construction Standards. A. In all SFHAs where BFEs have been provided in the FIS or generated by a certified professional according to Section 165-503.10.C. of this Ordinance,the following provisions shall apply: (1) Residential Construction.New construction or substantial improvement of any residential structure (including manufactured homes)in Zones A 1-30,AE,AH, and A with detailed BFEs shall have the lowest floor,including basement, elevated no lower than one (1) foot above the BFE. (2) Nonresidential Construction.New construction or substantial improvement of any commercial, industrial,or nonresidential building(or manufactured home) shall have the lowest floor,including basement, elevated to no lower than one (1)foot above the BFE. i. Nonresidential buildings located in all Al-30 and AE Zones may be floodproofed in lieu of being elevated,provided that all areas of the building components below the elevation corresponding to the BFE plus one (1) foot are: a. Watertight with walls substantially impermeable to the passage of water; and V-14 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE b. Using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. ii. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. (3) Space Below the Lowest Floor. In Zones A,AE, and Al-A30, fully enclosed areas, of new construction or substantially improved structures,which are below the regulatory flood protection elevation shall: I. Not be designed or used for human habitation,but shall only be used for parking of vehicles,building access, or limited storage of maintenance equipment used in connection with the premises.Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles(garage door)or limited storage of maintenance equipment(standard exterior door),or entry to the living area(stairway or elevator); ii. Be constructed entirely of flood-resistant materials below the regulatory flood protection elevation; iii. Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters.To meet this requirement,the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: a. Provide a minimum of two (2)openings on different sides of each enclosed area subject to flooding. b. The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding. c. If a building has more than one (1)enclosed area, each area must have openings to allow floodwaters to automatically enter and exit. d. The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade. e. Openings may be equipped with screens, louvers,or other opening coverings or devices,provided they permit the automatic flow of floodwaters in both directions. f. Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and,therefore, do not require openings.Masonry or wood underpinning,regardless of structural status, is considered an enclosure and requires openings as outlined above. (4) Accessory Structures.Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of A.(2), above, or, if not elevated or dry floodproofed, shall: I. Not be used for human habitation; ii. Be limited to no more than 600 square feet in total floor area; iii. Be usable only for parking of vehicles or limited storage; V-15 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE iv. Be constructed with flood-damage-resistant materials below the BFE; v. Be constructed and placed to offer the minimum resistance to the flow of floodwaters; vi. Be anchored to prevent flotation; vii. Have electrical service and mechanical equipment elevated to or above the BFE; and viii.Be provided with flood openings which shall meet the following criteria. a. There shall be a minimum of two (2)flood openings on different sides of each enclosed area; if a building has more than one (1)enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls. b. The total net area of all flood openings shall be at least one (1) square inch for each square foot of enclosed area(nonengineered flood openings),or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters. (1). The certification requirement may be satisfied by an individual certification or an evaluation report issued by the ICC Evaluation Service, Inc. c. The bottom of each flood opening shall be one (1)foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening. d. Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area. (5) Standards for Manufactured Homes and Recreational Vehicles. I. Manufactured homes shall be anchored to prevent flotation,collapse,or lateral movement.Methods of anchoring may include,but are not limited to,use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces. ii. In zones A and AE, all manufactured homes placed, or substantially improved, on individual lots or parcels must meet all the requirements for new construction,including the elevation and anchoring requirements in Sections 165-503.13 through 165-503.17. of this Ordinance. iii. All recreational vehicles placed on sites must either: a. Be on the site for fewer than 180 consecutive days,be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system,is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions); or b. Meet all the requirements for manufactured homes in A.(5)1., above. V-16 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-503.16. Existing Structures in Floodplain Areas. A. Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed,repaired,or improved unless one (1)of the following exceptions is established before the change is made: (1) The Floodplain Administrator has determined that: I. Change is not a substantial repair or substantial improvement; and ii. No new square footage is being built in the floodplain that is not compliant; and iii. No new square footage is being built in the floodway; and iv. The change complies with this Part and the VA USBC; and (2) The changes are required to comply with a citation for a health or safety violation. (3) The structure is a historic structure, and the change required would impair the historic nature of the structure. Section 165-503.17. Penalties for Violations. A. Any person who fails to comply with any of the requirements or provisions of this Article or directions of the Zoning Administrator or any authorized employee of Frederick County shall be guilty of a misdemeanor and subject to the penalties outlined in Article II,Administration,of this Ordinance. (1) The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. B. In addition to the above penalties,all other actions are hereby reserved, including an action in equity for the proper enforcement of this Article. The imposition of a fine or penalty for any violation of,or noncompliance with,this Article shall not excuse the violation or noncompliance or permit it to continue. (1) All such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time.Any structure constructed,reconstructed, enlarged, altered or relocated in noncompliance with this Article may be declared by Frederick County to be a public nuisance and abated as such. C. Flood insurance may be withheld from structures constructed in violation of this Article. Part 504. HA, Historic Area Overlay Zone. Section 165-504.01. Purpose and Intent. A. In accordance with Code of Virginia §§ 15.2-2283 and 15.2-2306,the Historic Area(HA) Overlay Zone is intended to protect,enhance, and aid in the perpetuation of especially noteworthy examples or elements of Frederick County's cultural, social, economic,religious,political, agricultural,military,industrial,or architectural history in order to: (1) Foster civic pride and an appreciation for historic values; V-17 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (2) Maintain and improve property values by providing incentives for upkeep and rehabilitation; (3) Protect and enhance the County's attractiveness to tourists and visitors; (4) Provide for the education and general welfare of the people of the County; and (5) Encourage nomination of qualified historic properties to the state and national registers. Section 165-504.02. Establishing Overlay Boundaries. A. HA Zones may be created by amending this Ordinance as provided for in Article III,Permits and Applications,of this Ordinance. B. Following a public hearing,the Historic Resources Advisory Board (HRAB)may initiate a proposal to the Planning Commission and the Board of Supervisors for amendments,including the establishment of HA Zones and the revision of existing HA Zones.A proposal for such amendment(s)may also be submitted by residents of an area that wish it to be designated as a historic area. (1) The HRAB or applicant shall submit a report to support the proposed amendment.The report shall suggest the historic boundaries as well as describe the historic and/or architectural significance of the buildings, structures or sites to be protected, current planning affecting the area,present development trends and conditions in the area and the public objectives for preservation. (2) A public hearing shall be held by the Board of Supervisors prior to adoption of a proposed HA zone. i. Notice shall be sent to all property owners in accordance with Article III,Permits and Applications, of this Ordinance. a. The Board of Supervisors shall alter the boundaries of the proposed zone to exclude those property owners expressing opposition. (3) Any area to be designated as an HA Zone shall in fact include landmarks,buildings, structures, or sites determined to be of historical and/or architectural significance.All stated recommendations of the HRAB which supplement or modify the general regulations of this Part may be adopted by the Board of Supervisors and applied to the zone created. (4) At the time an overlay zone is established,the Board of Supervisors may create an additional position and appoint a member to the HRAB. The member appointed shall be the owner of property within the newly established zone and shall serve a term of two(2)years. Section 165-504.03. Criteria for Determining Historic Significance. A. The significance of a historic area shall be based on cultural, architectural, and historical factors and shall be documented in a written report,which shall include a discussion of the following: (1) Architectural Style. i. Presence of distinguishing characteristics of a recognized style. ii. Significance of architectural design. V-18 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE iii. Scale and/or interrelationship of structures and/or environmental features. iv. Significant patterns of development. v. Quality of workmanship. vi. Amount of surviving original material. vii. Original location and/or use. viii.Remaining outbuildings or dependencies. ix. Surrounding environment,gardens,landscaping and walks. x. Overall aesthetic quality. xi. Original integrity of the structure and its details. (2) Historic and/or Cultural Significance. I. Association with historic person. ii. Association with historic events. iii. Work of leading architect or master craftsman. iv. Site or structure of cultural significance. (3) Additional Information. I. A description of existing structures and uses likely to have an adverse effect on the character of the district,including those near and visually related to the district,with maps,photographs,and other data indicating the reasons for such an effect. ii. A list of structures within the zone which notes which structures are contributing and which are not. Surviving building types and structures which are not historic in themselves,but adding to the character of a historic area, should be evaluated as potentially deserving preservation. iii. An analysis of lands not occupied by structures,including lands near and visually related to the district. a. For public lands, ownership,use, and location shall be indicated. b. For private lands,assessed valuation shall be added as well as existing zoning and planned land use. iv. Recommendations concerning supplemental regulations to be applied to the historic area under consideration for the purpose of preventing changes which are incompatible with the buildings, structures or sites to be preserved. a. Such regulations may include permitted and prohibited principal and accessory uses and structures,minimum lot and yard requirements,maximum lot coverage by all buildings,maximum height of structures,off-street parking and loading requirements, control of signs and exterior illumination, and the control of significant exterior alterations to existing buildings. V-19 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-504.04. Use Regulations. Within the Historic Area Overlay Zone, general regulations and permitted uses shall be the same as provided within the respective underlying zoning districts, as established in Article VI,Use Matrix, of this Ordinance, except where such regulations are modified or amended by recommendation of the HRAB and adoption of the Board of Supervisors. Section 165-504.05. Guidelines for New Construction or Alterations. A. General Standards. (1) The HRAB may use reasonable discretion in determining an applicant's degree of compliance, as long as a proposed design is consistent with the purpose and intent of the HA Zone. B. Development Standards. (1) New construction should speak of the historical era within the particular HA Overlay Zone and should not seek to replicate or reproduce existing features but complement the existing historic architecture and character. i. Franchise architecture should be avoided in HA Overlay Zones. (2) All new construction should: i. Protect and preserve significant archaeological resources. ii. Maintain a height and scale which is compatible with adjacent buildings and other existing structures in the historic area. C. Screening. (1) Items such as mechanical equipment,meters,transformers, HVAC equipment and dumpsters should be visually screened from public view. D. Parking. (1) Parking areas should be designed to maintain the integrity of an area's historic nature by minimizing the dominance of the automobile and reducing the visual impact of parking areas. (2) Parking areas should be placed as to not de-emphasize the main structures in the HA Overlay Zone. (3) Parking areas within an HA Zone shall conform to the parking space and landscaping requirements of Article VIII, Community Development Standards,of this Ordinance,but shall not be subject to the surface materials and curbs and gutters requirements unless necessary for erosion and sediment control or stormwater management purposes. (4) Parking areas within HA Zones shall be permitted to utilize brick,pavers,reinforced gravel systems,or similar materials so long as a dust-free environment is maintained. (5) Parking surfaces comprised solely of unfortified grass areas are not acceptable. E. Signs. V-20 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) Freestanding signage shall conform to the requirements of Article VIII, Part 809, of this Ordinance. (2) Wall-mounted signs shall be limited to a height of 20 feet above grade. (3) One (1)building-mounted sign not to exceed 50 square feet shall be permitted per building face. Part 505. IA, Interstate Area Overlay District. Section 165-505.01. Purpose and Intent. A. The Interstate Area(IA)Overlay District is intended to provide commercial businesses within an identified area the ability to utilize business signs that are in excess of the limits specified in Article VIII, Part 809 of this Ordinance. This flexibility is provided to inform the traveling public of business service opportunities at specific interstate interchange areas. B. The standards within this Part are designed to allow for additional visibility for commercial businesses while minimizing negative impacts to view sheds,the traveling public and residential properties that are adjacent to or within the proximity of the overlay district. C. Established boundaries are based on reasonable sight distances and policies set forth in the Comprehensive Plan and are intended to designate each interstate interchange area and provide guidance for considering the addition of subsequent properties. Section 165-505.02. District Boundaries. Properties included within the IA Overlay District shall be delineated on the Official Zoning Map for Frederick County. Section 165-505.03. Establishment of Districts. A. The Board of Supervisors may apply the IA Overlay District to properties within the proximity of interstate interchange areas upon concluding that: (1) The property is in conformance with the idealized interchange development pattern recommendation of the Frederick County Comprehensive Plan; (2) The placement of a sign meeting the requirements of this section will not have an adverse impact on adjoining properties whose primary use is residential; and (3) The property has met the requirements of Article I, General Provisions,of this Ordinance, as well as the requirements of Code of Virginia§ 15.2-2286.A.7. Section 165-505.04. District Regulations. A. Permitted Signs. Signs permitted in the underlying zoning district(s) shall be permitted in addition to those established in this Section. B. Prohibited Signs. Signs prohibited in the underlying zoning district(s) shall be prohibited in the IA Overlay district. V-21 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE C. Number of Freestanding Commercial Business Signs. On any parcel within the IA Overlay District,one (1)interstate overlay sign that complies with the requirements set forth in this Part may be erected. D. Setback Requirements. (1) All portions of an interstate overlay sign shall be set back a minimum of 10 feet from any lot line or property boundary line and shall meet all other applicable setback requirements for the underlying zoning district as established in Article IV,Primary Zoning Districts,of this Ordinance. (2) When any interstate overlay sign exceeds the height requirement of the underlying zoning district(s) and is located on property that adjoins or is across a right-of-way from property that is in the RP or HE zoning districts,or any property which has a residence as its primary use,the setback shall be the normal setback plus one (1) foot for every foot over the maximum height of the underlying zoning district(s). (3) The Board of Supervisors may waive any portion of the setback described in(2), above,if it can be demonstrated that the setback requirement cannot be met due to the irregular size or shape of the parcel. E. Spacing Requirements.The spacing requirements between an interstate overlay sign and signs in the underlying zoning district(s)shall comply with the requirements in Section 165-809.03.D. of this Ordinance and shall meet all other applicable spacing requirements. F. Maximum Size.No interstate overlay sign shall exceed a total of 300 square feet in area. (1) When more than one (1) qualifying use is located on a single parcel within the IA Overlay District, a single support structure may be erected which contains one (1)or more signs, the total combined square footage of which shall not exceed 500 square feet in area. G. Illumination.Direct and reflected light from any illuminated IA overlay sign shall comply with the applicable requirements of Article VIII,Community Development Standards,of this Ordinance. H. Maintenance and Permits. (1) All signs that are erected in the IA Overlay District shall meet the maintenance and permit requirements as specified in Article VIII, Part 809,of this Ordinance. (2) If required, appropriate easements shall be secured by any property owner that desires to erect an interstate overlay sign prior to the issuance of a sign permit in order to ensure that required maintenance can be performed. I. Permitted Heights. (1) All interstate overlay signs shall be located a minimum of 25 feet in height above the base of the sign support structure. (2) The maximum height for interstate overlay signs shall be determined by the nearest interstate exit number and shall be based on an elevation above mean sea level as set out below: V-22 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Table V-2.Maximum Heights for Interstate Overlay Signs. Exit Number Exit Name Maximum Business Sign Height (feet above mean sea level) 302 Middletown and Rt. 11 South 760 307 Stephens City and Rt. 277 800 310 Kernstown and Rt. 37 805 313 Rt. 50/17 and Rt. 522 805 315 Rt. 7 and Berryville Avenue 750 317 Rt. I North and Rt. 37 815 321 Clearbrook and Rt. 11 North 700 323 Whitehall and Rt. 11 North 710 Part 506. TNDB, Traditional Neighborhood Design-Business Overlay District. Section 165-506.01. Purpose and Intent �P A. The Traditional Neighborhood Design-Business(TNDB)Overlay District is intended to implement the adopted Comprehensive Plan goals to advance and promote the health, safety, and general welfare of the public and the orderly development of Frederick County by: (1) Supporting a business climate conducive to economic activity and orderly economic growth; (2) Providing a variety of housing types and locations to meet the varied needs and income levels of the County's present and future population; and (3) Providing for adequate and safe pedestrian and bicycle travel and promoting traditional neighborhood design in urban centers and neighborhood villages. B. The TNDB Overlay District provides parcels within the following locations with the ability to utilize traditional neighborhood design criteria that are different from the criteria specified in Article IV, Primary Zoning Districts,of this Ordinance: (1) The County's Urban Development Area(UDA); or (2) 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(SWSA). (3) All 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. V-23 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE 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. Section 165-506.02. District Boundaries. Properties that are included within the TNDB Overlay District shall be delineated on the Official Zoning Map for Frederick County. Section 165-506.03. Establishment of Districts. The Board of Supervisors may apply the TNDB Overlay District, following the procedures of Article III, Permits and Applications of this Ordinance, to properties of less than 20 acres in the B I and B2 Zoning Districts, upon concluding that the parcel(s) meet the criteria established in 165-506.01.B., above., and that the requirements of this Part will not have an adverse impact on adjoining properties whose primary use is residential. Section 165-506.04. Use and Dimensional Regulations. A. Uses Allowed.Any use allowed in the underlying zoning district shall be allowed. (1) 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. Dimensional and Intensity Requirements.The following dimensional and intensity requirements shall apply and supersede those of the underlying zoning district: Table V-3. TNDB Dimensional Requirements. Maximum Residential Density 10 dwelling units/acre Minimum Front Yard Setback on 30 ft. Primary or Arterial Highways Maximum Front Yard Setback on 50 ft. Primary or Arterial Highways Minimum Front Yard Setback on 10 ft. Collector or Minor Streets Maximum Front Yard Setback on 20 ft. Collector or Minor Streets Side Yard Setbacks Rear Yard Setbacks Floor Area to Lot Area Ratio 1.00 (FAR) V-24 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Tablel i Dimensional Requirements. Minimum Landscaped Area 15% (Percentage of Lot Area) Maximum Height 60 ft. Maximum Number of Habitable 3 Floors C. 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. D. All other applicable dimensional and intensity requirements of Article IV,Primary Zoning Districts,of this Ordinance shall apply. Section 165-506.05. Off-Street Parking; Parking Lots. A. Off-street parking shall be provided on each lot or parcel on which any use is established according to the requirements of Part. B. 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. TableRequired Parking ResidentialDwelling l i Number of Bedrooms Off-Street Parking Spaces Efficiency 1.0 1 1.0 2+ 2.0 (2) Required parking spaces for commercial uses shall be in accordance with Article VIII, Part 804, of this Ordinance. i. 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. (3) On-street parking can be counted towards meeting the required parking in Article VIII,Part 804, of this Ordinance,provided such parking is located within 400 feet of the subject principal use. C. Areas devoted to parking or circulation of vehicles shall not be located in the front yard, nor shall such areas be located closer to the street than the primary structure on the lot. D. All other regulations concerning off-street parking and parking lots shall be as required in Article VIII, Part 804, of this Ordinance. V-25 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-506.06. Design Standards. A. Purpose.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. (1) Entrances at building corners may be used to satisfy this requirement. (2) 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 (2) and eight(8) 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 be a minimum of 5,000 square feet in area or two percent(2%)of the total acreage of the site, whichever is greater. (1) At least one (1)side of the plaza shall adjoin aroad. (2) The plaza shall include public amenities, such as ponds,fountains,public areas,plant beds, benches, drinking fountains, clock pedestals, and other similar features. (3) Buildings that adjoin the plaza shall be a minimum of two (2) stories. E. Sidewalks and Pedestrian Ways. Sidewalks shall be installed along all building entrances and along all streets. (1) Sidewalks located along primary building entrances utilized for the general public shall be a minimum of 10 feet wide. (2) All other sidewalks shall be a minimum of five(5)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. (1) 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 Article VIII,Part 802 of this Ordinance for the underlying zoning district. (2) Any residential dwelling units shall be treated as commercial floor space solely for the purpose of buffers and screening requirements. (3) Zoning district buffers shall not be required along any existing right-of-way (ROW)which borders the development. V-26 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (4) The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent(affected)property owners. i. Should a waiver be granted,the distance requirements of Article VIII,Part 802, of this Ordinance may be reduced,provided the full screening requirements of the section are met. (5) Loading areas shall be landscaped, screened and buffered from view as seen from adjoining streets and residential areas. H. Street Trees. (1) One (1) street tree shall be provided for every 30 feet of street frontage. (2) Street trees shall be planted no more than 10 feet from any ROW. (3) Acceptable trees shall be based on the list of street trees included in the Frederick County Master Planting List. (4) Street trees shall be a minimum of three (3)-inch caliper at the time of planting. Section 165-506.07. Master Development Plan (MDP). A. The Director of Planning and Development may waive the requirements of an MDP in the TNDB Overlay District for: (1) Sites less than 10 acres in accordance with Section 165-306.03.A.(1) and D. of this Ordinance; or (2) Any site,provided that a proffer statement, accepted by the Board of Supervisors,associated with the development contains a plan which shows: i. The proposed location and arrangement of all street and utility systems. ii. The proposed location of entrances to the development from existing streets. iii. A conceptual plan for stormwater management and description of the location of all stormwater facilities designed to serve more than one (1)parcel. iv. The location and treatment proposed for all historical structures and sites recognized as significant by the Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County. B. All other regulations concerning MDPs shall be as required in Article III,Permits and Applications,of this Ordinance. Section 165-506.08. Signage. A. Projecting Signs. Signs which project from the face of the building shall be permitted subject to the following: (1) The maximum sign area shall be six(6) square feet on any side of the building. (2) The distance from the lower edge of the signboard to the ground shall be eight(8) feet or greater. V-27 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (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(6)inches. (5) The width of the signboard shall not exceed three (3)feet. B. Awning Signs.Where awnings are provided over windows or doors,awning signage is permitted with the following provisions: (1) Maximum of eight(8) square feet of signage area on an awning. (2) No backlit awnings are allowed. C. Wall-Mounted Signs.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. (1) Wall-mounted signs shall not exceed 18 feet in height. D. Freestanding Signs.Freestanding business signs shall not exceed 50 square feet in area and 12 feet in height. E. All Other Signs.All other sign regulations shall be as required in Article VIII, Community Development Standards,of this Ordinance for the underlying zoning district. V-28 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Article VI. Use Matrix. Part 601. In General. Section 165-601.01. Organization. A. The Use Matrix in this Article organizes permitted uses by zoning districts and use types.The Use Matrix;Article VII,Additional Regulations for Specific Uses; and Article XI, Definitions, of this Ordinance,together provide a systematic basis for identifying and organizing uses and distinguishing whether a particular use is allowable in a particular zoning district. (1) Use Classifications.Use classifications by zoning districts identify broad general classifications of land use and include agricultural uses;residential uses;public,civic, and recreational uses; commercial uses;industrial uses; and miscellaneous uses. (2) Use Types.The specific use types identify the specific principal uses that fall within each classification. Section 165-601.02. Use Matrix Abbreviations. A. Permitted Uses. "P"in a Use Matrix cell indicates that the use type in that row is permitted by- right in the zoning district at the head of that column, subject to any performance standards required by Article VII,Additional Regulations for Specific Uses, of this Ordinance. B. Conditional Uses."CUP"in a Use Matrix cell indicates that the use type in that row is allowed in the zoning district at the head of that column only upon approval of a Conditional Use Permit, in accordance with Article III,Permits and Applications, and subject to any performance standards in Article VII,Additional Regulations for Specific Uses, of this Ordinance. C. Accessory Uses. "A"in a Use Matrix cell indicates that the use type in that row is permitted as an accessory use incidental to a permitted or specially permitted use in the zoning district at the head of that column, subject to any performance standards required by Article VII,Additional Regulations for Specific Uses, of this Ordinance. D. Prohibited Uses.A blank cell in the Use Matrix indicates that the use type in that row is prohibited in the zoning district at the head of that column. Part 602. Uses Not Provided. Section 165-602.01. Uses Not Provided. A. The Zoning Administrator shall determine whether an unlisted use is part of an existing use classification or use type as defined in Article XI, Definitions, of this Ordinance. Upon determining the most similar use type,the Zoning Administrator shall treat the proposed use the same as the most similar one. (1) If the Zoning Administrator determines that the proposed use is not similar to any listed use type,that use is prohibited. VI-1 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Part 603. Use Permissions. Section 165-603.01. Primary and Accessory Uses. A. If a use is identified as accessory in the use matrix,within the definition of the primary use, or is otherwise determined by the Zoning Administrator to be incidental and customarily associated with the primary use, a separate zoning permit is not required for the accessory use. (1) Notwithstanding the above,when permitted accessory uses that are typically found in association with the allowed primary use are located on the same lot as the primary use, secondary uses shall meet the requirements of this Ordinance as well as any particular standard imposed on such use in Article VII,Additional Regulations for Specific Uses,of this Ordinance. Section 165-603.02. Use Matrix. [Table VI-1,Use Matrix,begins on the following page.] VI-2 CHAPTER 165 FREDERICK COUNTY ZONING ORDINANCE Use Type i P=Permitted CUP=Permitted w/Conditional Use Permit A=Accessory 1: Agricultural Supply Cooperatives CUP 165-701.01 Agriculture,Farming,Dairies,Animal P P Husbandry,and Forestry Agritourism P Backyard Chickens and Chicken Coops P P P 165-701.02 Commercial Stables,Equestrian Facilities and P Commercial Riding Facilities Cut-Your-Own Christmas Tree and Evergreen P Tree Farm Breweries P 165-701.03 Farm Distilleries P 165-701.03 Farm Stay CUP Farm Wineries P 165-701.03 Fish Hatcheries and Fish Production P P Hog Farming P P 165-701.04 Off-Premises Farm Markets and Wayside Stands CUP On-Premises Wayside Stand,Roadside Stand,or Wayside Market,Accessory to a Bona Fide A Operating Farm Sawmills And Planing Mills,Type B CUP Slaughterhouses CUP 165-701.05 RESIDENTIAL Adult Care Residences,Assisted Living Care CUP CUP CUP 165-702.01 Facilities,and Convalescent or Nursing Homes Age-Restricted Multifamily Housing P P P 165-702.02 Bed-and-Breakfasts CUP CUP CUP CUP Community Correctional Facility P VI-3 CHAPTER 165 FREDERICK COUNTY ZONING ORDINANCE Use Type i P=Permilled CUP=Permitted w/Conddional Use Permit A=Accessory Continuing Care Retirement Community (CCRC) P 165-702.01 Cottage Occupations CUP CUP CUP CUP CUP 165-702.03 Dormitories,Medical and Allied Health P Family Care Home P Family Day Home(1-4 Children) P P P P Garden Apartments P P P 165-702.04 Group Homes P P P P P Home Occupations P P P P P 165-702.05 Manufactured Homes P P Manufactured Home Parks&Subdivisions P 165-702.06 Multifamily Residential Buildings P P P 165-702.07 Multiplex P P P Residential Uses which are Accessory to P P P P P P P Allowed Business Uses Single-Family Detached Cluster P P P Single-Family Detached Rural Traditional P P P Single-Family Detached Traditional P P P Single-Family Detached Urban P P P Single-Family Detached Zero Lot Line P P P Single-Family Small Lot P P P Single-Family Dwellings P Short-Term Lodging or Tourist Home P P P P P 165-702.08 Temporary Family Health Care Structure P P P P 165-702.09 Townhouse;Back-To-Back Townhouse P P P Treatment Home P VI-4 CHAPTER 165 FREDERICK COUNTY ZONING ORDINANCE . -.: . a i` . ,:._.`, `-' Use Type i P=Permitted CUP=Permitted w/Conditional Use Permit A=A7PP LIC,CIVIC, 1 RECREATIONAL AL- Administrative Review Eligible Project P P P P P P P P P P P P 165-703.01 Amateur Radio Antenna P P P Broadcasting And Content Providers P P Business,Professional,Labor,Political and P P P P Similar Or anizations Campgrounds CUP P 165-703.02 Churches and Places of Worship P P P P P P P Colleges,Universities,and Professional Schools P P Commercial and Institutional Cemeteries With or Without Funeral Homes or Cemetery Office P Complexes Electric,Gas,and Other Utility Facilities and P P Offices Excluding Sanitary Services Frederick County Sanitary Landfill P 165-703.03 Humanitarian Aid Organizational Office CUP 165-703.04 Libraries P P P P P Museums,Parks or Historic Sites Used For P CUP CUP CUP Educational or Historic Preservation Purposes Nationally Chartered Fraternal Lodges or Civic Clubs,Social Centers and Their Related Club CUP CUP CUP CUP P P 165-703.05 Facilities Parks P P P P P P P P P P P P Postal Services P P P P P P P P P Preserves and Conservation Areas P P Public Administration and Government Support Buildings,Including Fire Stations,Companies, P P P P P P P P P P P P 165-703.06 and Rescue Squads VI-5 CHAPTER 165 FREDERICK COUNTY ZONING ORDINANCE Use Type i P=Permitted CUP=Permitted w/Conditional Use Permit A=Accessory Public Utilities,Transmission and Distribution 7PP P P P P P P P P P P P P !65-703.07' Facilities Public Utilities,Power-Generating Facilities CUP P P P P P P 165-703.07 Regional Criminal Justice,Enforcement,and P P P Detention Facilities Radio and Television Towers and Their P Accessory Buildings Recreational Vehicle Storage P Religious,Grantmaking,Civic,Professional,and P P P P P Similar Organizations Schools(With Residential Component) CUP P Schools P P P P P Social Assistance Services Excluding Services That Offer Residential or Housing P P Accommodations Technical and Trade Schools P P P P P Telecommunication Facilities and Offices, Broadcasting and Content Providers,Including P P P P P Wired and Wireless Telephone,Radio, Television,and Other Satellite Communications Telecommunications Towers and Facilities CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP CUP 165-703.08 Utility-Scale Solar Power Generating Facilities CUP 165-703.09 Vocational Schools(Technical,Trade,Business, P P Computer and Management Training) Wired And Wireless Telecommunication P P P Carriers(Excluding Satellite) CONVOERCIAIL Administrative and Support Services P P Advertising Specialties-Wholesale P 7 P Adult Day-Care Centers P P P P P P VI-6 CHAPTER 165 FREDERICK COUNTY ZONING ORDINANCE Use Type i P=Permitted CUP=Permitted w/Conditional Use Permit A=Accessory Adult Retail 7 CUP 165-704.01 Ambulatory Health Care Services,Hospitals, P Nursing and Residential Care Facilities Amusement,Arts,Gambling,Excluding Amusement Parks,Theme Parks,and Outdoor P P P Shooting Antique Shops CUP Auction Houses CUP Automotive Oil Change and Lubrication Shops P P 165-704.02 Blacksmith Shops P Boat Clubs and Service Areas P Boat Repair Shop CUP 165-704.03 Building Materials and Garden Equipment P P Supplies Dealers Building Materials,Hardware,Garden Supply, P P 165-704.02 and Retail Nurseries Car,Truck,Utility Trailers,and RV P P 165-705.07 (Recreational Vehicle)Rental and Leasing Car Washes P P 165-704.04 Child Day-Care Services CUP CUP CUP CUP P P P A P Coin Operated Laundries,Drycleaners,and P P P P Linen Supplies Commercial Recreation,Indoors(As Defined) P P P P P CUP P 165-704.05 Commercial Recreation,Outdoors(As Defined) CUP P P 165-704.05 Commercial Shooting and Archery Ranges CUP 165-704.06 Indoor or Outdoor Conference/Event Centers P P P P Consumer Goods Rentals P P P Country General Stores Without Fuel Sales CUP 165-704.07 VI-7 CHAPTER 165 FREDERICK COUNTY ZONING ORDINANCE Use Type i P=Permitted CUP=Permitted w/Conditional Use Permit A=Accessory Death Care Services Excluding Cemeteries P P P P Electronic Precision Equipment Repair and P P P Maintenance Farriers P Finance,Insurance,Legal and Offices Of Real P P P Estate Flea Markets,Operated Indoors Or Outdoors CUP 165-704.08 Flex-Tech P P P P P 165-704.09 Food and Beverage Retailers P P 165-704.10 Food and Beverage Retailers,Excluding Fruit P P and Vegetable Stands Food and Beverage Retailers,Excluding Fruit and Vegetable Stands and Vending Machine P P Operators Food Services,Restaurants and Other Eating P P P P P P 165-704.11 Places Food Services,Restaurants and Other Eating CUP P P P P P Places Excluding Drive-Thru Facilities Gasoline Stations With or Without Convenience P P P P Stores,Excluding Fuel Dealers General Automotive,Motorcycle and Truck CUP P P P P 165-704.02 Repair,Services and Parkin General Business Offices P P P P General Merchandise Store P Gift,Novelty,and Souvenir Retailers CUP Hardware,and Plumbing and Heating Equipment and Supplies Merchant Wholesalers Excluding P P 165-704.12 Accessory Outdoor Storage Health and Personal Care Retailers P P 165-704.16 Health Care Services P P VI-8 CHAPTER 165 FREDERICK COUNTY ZONING ORDINANCE Use Type i P=Permilled CUP=Permitted w/Conddional Use Permit A=Accessory Health Care Services Including Skilled Nursing P Facilities P Home Furnishing Store P Horseshoemg P Hotels,Motels,Lodges,and Resorts CUP P P P P P Household Appliances and Electrical and Electronic Goods Merchant Wholesalers P P Excluding Accessory Outdoor Storage Ice Cream Parlor CUP Kennels CUP 165-704.13 Landscape and Horticultural Services CUP P P P P Medical Equipment Rental and Leasing P Miscellaneous Retailers Limited to Bookstores, News Stands/Dealers,Stationary Stores,Gift P P Shops,Florists,and Uniform Stores Miscellaneous Retail Stores Including Food, Drug,Health,and Personal Care Not to Exceed P P P 15,000 Square Feet,Excluding Fruit and Vegetable Stands Model Home Sales P P P Motor Vehicle and Parts Dealers P P P 165-704.14 Movie Theaters,Including Drive-In Theatres P P P P Offices and Clinics of Doctors of Medicine, CUP CUP CUP CUP P 165-704.15 Dentists and Other Health Practitioners Offices of Real Estate,Finance,and Insurance P P P P Pet Care(Excluding Veterinary)Services,With All Activities and Animals Kept Within Fully P P P Enclosed Primary Structure Personal and Household Goods Repair and P P Maintenance VI-9 CHAPTER 165 FREDERICK COUNTY ZONING ORDINANCE Use Type i P=Permilled CUP=Permitted w/Conddional Use Permit A=Accessory Personal and Household Goods Repair and P P Maintenance Excluding Motorcycle Repair Personal and Laundry Services Excluding Industrial Launderers P P P Personal Care Services Including Hair,Nail, Beauty Salon,and Barber Shops,Excluding P P P P Escort Services;Turkish Baths;and Steam Baths Photocopying and Duplicating Services P P Professional,Scientific,and Technical Services P P P P Including Testing Laboratories Retail Bakery CUP Retail Nursery CUP P P Retail Trade Excluding Manufactured(Mobile P P P Home)Dealers and Tire Dealers Services to Building and Dwellings Including Pest Control,Janitorial Services,and Carpet P P Cleaning Services Excluding Landscape Service and Product Sterilization Special Event Facility CUP 165-704.17 Taxidermists P Travel Arrangement and Reservation Services P P P P P P Truck,Utility Trailer,and RV(Recreational P P P 165-705.07 Vehicle)Rental and Leasing Veterinary Office,Clinic Or Hospital,Including CUP Livestock Services Veterinary Offices,Veterinary Clinics or Veterinary Hospitals,Excluding the Boarding of CUP Animals for Nonmedical Purposes. Veterinary Services for Animal Specialties (Excluding Horses),With All Activities And P P P Animals Kept Within A Fully Enclosed Primary Structure VI-10 CHAPTER 165 FREDERICK COUNTY ZONING ORDINANCE Use Type i P=Permitted CUP=Permitted w/Conditional Use Permit A=Accessory Veterinary Services with All Activities and Animals Kept Within the Fully Enclosed Primary P P P Structure,Excluding Livestock 7 Welding Repair CUPmmab 165-704.18 INDUSTRIAL Air Transportation P P P P Aircraft Manufacturing P P Ammunition,Ordnance and Accessory P Manufacturing Apparel Manufacturing P P P Chemicals Manufacturing P Coating,Engraving,Heat Treating,and Allied P Activities Commercial and Industrial Machinery and P P P Equipment Repair and Maintenance Commercial Printing P P Computing Infrastructure Providers,Data CUP CUP P CUP CUP 165-705.01 Processing,and Data Centers Concrete Block and Brick and Related Products P P P Concrete Block and Brick,Glass,and Related P Products excluding Asbestos Construction Sand Mining P Converted Paper Product Manufacturing P P P P Crushed and Broken Limestone,Granite,and P Other Stone Mining and Quarrying Data Entry,Data Processing,Data Verification, P and Optical Scanning Data Services Drugs and Druggists'Sundries Merchant P Wholesalers VI-11 CHAPTER 165 FREDERICK COUNTY ZONING ORDINANCE Use Type i P=Permilled CUP=Permitted w/Conddional Use Permit A=Accessory Electrical Equipment,Appliance,and Component Manufacturing P P P P Electronic and Precision Equipment Repair and P Maintenance Fabricated Metal Product Manufacturing P P Fabricated Metal Products Manufacturing, excluding Coating,Engraving and Allied P P P Services Fabricated Metal Products Manufacturing, excluding the following:Engraving and Allied P P Services,Ammunition,Ordnance and Accessories Food,Beverage,and Tobacco Manufacturing excluding Seafood Product Preparation and P P P P Packaging and Animal Slaughtering and Processing Food Manufacturing including Animal Slaughtering and Processing,Seafood Product P 165-701.05 Preparation and Packaging,and Rendering and Meat Byproduct Processing Fuel Dealers P Furniture and Related Product Manufacturing P P P P Guided Missiles and Space Vehicles P P Manufacturing Industrial Launderers,Dry-Cleaning and Laundry P P Services Junkyards and Auto Merchant Wholesalers P 165-705.02 Kaolin,Clay,and Ceramic Mineral Mining and P Quarrying Leather and Allied Products Manufacturing P Linen Supply and Drycleaning and Laundry P P P Services except Coin Operated Laundries Logging P VI-12 CHAPTER 165 FREDERICK COUNTY ZONING ORDINANCE Use Type i P=Permitted CUP=Permitted w/Conditional Use Permit A=Accessory Machinery Cleaning P P P Machinery Manufacturing and Computer and P P P P Electrical Product Manufacturing Manufactured(Mobile)Home Dealers P P Medical and Dental Laboratories P P Medical,Dental,and Hospital Equipment P Merchant Wholesalers Medical Equipment and Supplies Manufacturing P Mining(except Oil and Gas) P Miscellaneous Manufacturing P P P P Nonmetallic Mineral Product Manufacturing P excluding Asbestos Offices and Storage Facilities for Building Construction Contractors,Heavy Construction P P P P Contractors and Special Trade Contractors Oil and Natural Gas Exploration P P 165-705.03 Ophthalmic Goods Merchant Wholesaler P Petroleum and Coal Products Manufacturing P including Fuel Dealers Pharmaceutical and Medicine Manufacturing P P P P P Pharmaceutical Machinery Manufacturing P Plastics and Rubber Products Manufacturing P P excluding Tire Manufacturing Plastics and Rubber Products Manufacturing P P P including Footwear Manufacturing Primary Steel Manufacturing P Printing,Publishing and Allied Industries P P P P Product Sterilization Services P VI-13 CHAPTER 165 FREDERICK COUNTY ZONING ORDINANCE Use Type i P=Permilled CUP=Permitted w/Conddional Use Permit A=Accessory Professional,Scientific and Technical Services including Testing Laboratories P P Professional,Scientific and Technical Services, including Business Offices not providing services P P P to the general public on a primary basis Pulp,Paper,and Paperboard Mills P Sand,Gravel,Clay,and Ceramic and Refractory P Minerals Mining and Quarrying Sand,Shale,and Clay mining CUP 165-705.04 Scientific Research and Development Services including Testing Agencies P Self-Service Storage Facilities P P P P P 165-705.05 Small Arms Ammunition Manufacturing P Solid Waste Collection,Materials Recovery Facilities,Septic Tank and Related Services,and P P P Other Miscellaneous Management Services Stone and Dimension Stone Mining and P Quarrying Storage Batteries and Primary Battery P P P P Manufacturing Support Activities for Mining excluding Drilling P Oil and Gas Wells Textile Products and Textile Mill Products P P P Tractor Truck and Tractor Truck Trailer Parking CUP CUP CUP P 165-705.06 Transportation Equipment Manufacturing P P P Transit and Ground Passenger Transportation P P P Transit and Ground Passenger Transportation and P P related support activities Truck or Fleet Maintenance Facilities P P P P 165-705.07 Truck Transportation P P P P VI-14 CHAPTER 165 FREDERICK COUNTY ZONING ORDINANCE Use Type i P=Permilled CUP=Permitted w/Conddional Use Permit A=Accessory Veneer,Plywood,and Engineered Wood Product Manufacturing P P P Warehousing and Storage P P A P P 165-705.08 Warehousing,Medical and Allied Health P Services Waste Management and Remediation Services P including Incinerators Waste Recovery and Recycling Facility P Wholesale Trade P P P Wholesale Trade Businesses excluding Livestock,Farm Products,Mining and Chemical P P Stora ge Wood Product Manufacturing P MISCELLANEOUS Nor Accessory Dwellings P P P 165-706.01 Accessory Uses P P P P P P 165-706.02 Heliports or Air Strips P Winchester Regional Airport P Temporary Model Homes Used For Sale of P P P Properties in a Residential Development VI-15 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Article VII. Additional Regulations for Specific Uses. Part 701. Agricultural Use Standards. Section 165-701.01. Agricultural Supply Cooperatives. A. Agricultural supply cooperatives located in the RA Zoning District shall meet the following requirements: (1) The use shall adhere to B2 Zoning District dimensional standards established in Article IV, Part 406, of this Ordinance. (2) The sale of agricultural and garden machinery shall only be permitted as an accessory use. (3) The repair of agricultural and garden machinery is prohibited. (4) The on-site sale of gasoline,off-road diesel, and other liquid fuels shall not be permitted on premises,however off-site sale (via delivery)of gasoline, off-road diesel, and other liquid fuels shall be permitted. Propane shall be permitted to be sold on the premises. (5) A site plan shall be submitted to and approved by Frederick County prior to the establishment of the use. Section 165-701.02. Backyard Chickens and Chicken Coops. A. Backyard chickens and chicken coops in the R4 and R5 zoning districts shall meet the following requirements: (1) Roosters and other species of fowl are prohibited. (2) Chickens shall be permitted accessory to single-family detached residences only. (3) A maximum of six(6)chickens (hens only)shall be permitted with one (1) single-family detached residence. (4) Chicken coops and pens shall meet the setbacks for accessory structures in the RP Zoning District contained in Article IV,Part 405,of this Ordinance and shall not be placed in the front setback yard required for the primary use per Article IV, Part 402 of this Ordinance. (5) Chickens shall not run at large in accordance with § 48-26 (Animals and Fowl Running at Large)of the County Code. (6) Chicken waste shall be stored in an enclosed container and properly disposed of by composting or other means to not create a nuisance. (7) Chicken feed shall be stored in an enclosed,vermin proof container. Section 165-701.03. Farm Breweries; Farm Distilleries; Farm Wineries. A. Farm breweries, farm distilleries, and farm wineries in the RA District shall meet the following requirements: VII-1 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) Farm Breweries (Limited Brewery).A farm brewery shall be licensed as a limited brewery in accordance with Code of Virginia §4.1-206.1. I. All activities specified under Code of Virginia § 15.2-2288.3:1 shall be permitted. (2) Farm Distilleries (Limited Distiller).A farm distillery shall be licensed as a limited distiller in accordance with Code of Virginia §4.1-206.1. I. All activities specified under Code of Virginia § 15.2-2288.3:2 shall be permitted. (3) Farm Wineries.A farm winery shall be licensed as Class I,Class II,Class III, or Class IV farm winery in accordance with Code of Virginia §4.1-219. I. All activities specified under Code of Virginia § 15.2-2288.3E shall be permitted. (4) The following activities are permitted accessory uses at farm wineries,breweries and distilleries: I. On-site tours; ii. Kitchen and catering activities; and iii. Providing light refreshments and appetizers (food preparation beyond this, excluding catering for events, shall require a CUP for a restaurant). (5) Events shall be permitted only on farm breweries, farm distilleries and farm wineries of 10 acres or larger. I. For the purposes of this Section, events shall include but are not limited to meetings, conferences, dinners, festivals, and wedding receptions. (6) An illustrative sketch plan in accordance with the requirements of Article III,Permits and Applications, shall be submitted to and approved by Frederick County for all farm breweries, distilleries, and wineries. (7) Farm breweries, distilleries,and wineries that share a private access easement with another property owner(s)must show the easement allows a use of this type or written permission must be obtained by the sharing parties. Section 165-701.04. Hog Farming. No hog pen shall be located closer than 200 feet to a residence or an adjoining property used for human habitation. Section 165-701.05. Slaughterhouses; Food Manufacturing including Animal Slaughtering and Processing. A. Setbacks.All buildings, animal unloading/staging areas, and animal pens shall be a minimum of 100 feet from all property lines. B. Size of Use.Total building(s) square footage shall not exceed 20,000 square feet(SF). C. Screening and Buffering. VII-2 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) All operations must be under roof and screened from view from adjoining properties and public streets. (2) Additional buffering and screening may be required as specified by the Zoning Administrator. D. General Standards. (1) Any slaughterhouse, abattoir,rendering plant, or establishment where animals or fowl, dead or alive, are processed or where food or feed is manufactured or processed, shall be maintained and operated in a clean and sanitary manner at all times. (2) Such establishments shall be constructed and maintained to effectively control the entrance of insects and rodents. The doors,windows, and other openings thereof shall be fitted with screen doors and wire window screens of not coarser than fourteen (14)-gauge mesh. (3) The word "slaughterhouse," as used in this section, shall not be construed to prohibit farmers from killing their own cattle, sheep, swine, goats, and fowl for their own family use. Part 702. Residential Use Standards. Section 165-702.01. Adult Care Residences,Assisted Living Care Facilities, Residential Care Facilities, and Convalescent or Nursing Homes. A. Adult care residences, assisted living care facilities, and convalescent or nursing homes located in the B2 Zoning District shall meet the following requirements: (1) Adult care residences and assisted living care facilities shall retain open space in accordance with Article VIII, Community Development Standards,of this Ordinance. I. Areas designated for buffers and screening and stormwater management facilities that are required to serve this use may be included in this percentage. (2) Road efficiency buffers as specified in Section 165-802.07.G. of this Ordinance shall be met. B. Residential Care Facilities. (1) Residential care facilities may consist of any of the following residential structures: I. Single-family small lot; ii. Duplex; iii. Multiplex; iv. Atrium House;or v. Garden Apartments. vi. Residential care facilities may include home occupations, as defined in Article XI, Definitions,of this Ordinance. (2) Residential care facilities must consist of residential units which provide all of the following for its residents: I. Independent-living facilities; VII-3 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE ii. Congregate-care assisted-living facilities; and In Nursing home care. (3) Occupancy of the dwelling units shall be restricted to older persons, as defined under "housing for older persons"in Code of Virginia § 36-96.7,with the following exceptions: I. The spouse of a resident,regardless of age; ii. The child of a resident,provided that the child requires convalescent care,regardless of the age of the child; and iii. Resident staff necessary for operation of the facility are also allowed to live on site. (4) The communities may provide ancillary services and facilities, such as,but not limited to, transportation, a common dining room and kitchen,recreation area,meeting or activity rooms,library, chapel,convenience commercial area, or other services and facilities for the enjoyment, service or care of the residents. I. Such facilities must be conveniently located in relation to the remainder of the development,particularly the dwelling units;they must not be externally advertised. ii. The Board of Supervisors may restrict their use to residents and staff only. Section 165-702.02. Age-Restricted Multifamily Housing. A. Age-restricted multifamily housing shall consist of multifamily buildings in which individual dwelling units share a common outside access and a common yard area,which is the sum of the required lot areas of all dwelling units within the building. B. Age-restricted multifamily housing shall only be permitted within proffered age-restricted developments. C. Elevator service shall be provided to each floor of age-restricted multifamily housing structures for use by residents and guests. D. The maximum number of units per building shall be I10. Section 165-702.03. Cottage Occupations. A. Location of Use.All or part of the business, such as a home office, shall be conducted within the principal residential building or an accessory building or structure. B. Employees and Customers.No more than 10 people not residing on the premises,including customers and employees, shall be permitted per day. C. General Standards. (1) The cottage occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. (2) There shall be no exterior display,no exterior storage of materials, and no exterior indication of the occupation or variation from the residential character of the principal building or neighborhood. VII-4 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (3) Commercial vehicles are allowed as defined in Article XI, Definitions,of this Ordinance. Section 165-702.04. Garden Apartments. A. The following standards shall apply for all garden apartments in addition to the dimensional standards established in Article IV,Primary Zoning Districts,of this Ordinance: (1) Minimum Height.Two(2) stories. (2) Maximum Height.Four(4) stories. (3) Minimum Units in Single Structure. Six(6)units. (4) Maximum Units in Single Structure. Sixteen(16)units. Section 165-702.05. Home Occupations. A. Location of Use.All or part of the business shall be conducted within the principal building or structure. (1) In the RA Zoning District, a home occupation may be carried on in an accessory building or structure. B. Employees and Customers.No more than five (5)people not residing on the premises, including customers and/or employees, shall be permitted per day. C. General Standards. (1) The home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. (2) There shall be no exterior display,no exterior storage of materials, and no exterior indication of the occupation or variation from the residential character of the principal building and neighborhood. (3) The home occupation shall not produce offensive noise,vibrations, smoke, dust,heat,odor, glare, traffic hazards, or congestion and shall not adversely affect the surrounding properties. (4) One (1)business vehicle is allowed. (5) Commercial vehicles as defined in Article XI, Definitions, of this Ordinance are prohibited. Section 165-702.06. Manufactured Home Parks and Subdivisions. A. Common Areas. (1) All common areas shall be planted with appropriate landscaping in accordance with Article VIII, Part 802 of this Ordinance, including trees, shrubs and grass lawns. This landscaping shall be properly maintained. (2) All common areas shall be dedicated to and maintained by property owners' associations. The manufactured home subdivisions and the property owners' associations shall meet all requirements of Chapter 144, Subdivision of Land, of the County Code. VII-5 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE B. Recreational Facilities.All manufactured home parks and subdivisions shall contain at least one (1)recreational unit in accordance with Article VIII, Part 806,of this Ordinance. Section 165-702.07. Multifamily Residential Buildings. A. Location.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. B. General Standards. (1) Multifamily residential buildings shall have a minimum of four(4)dwelling unit entrances sharing an internal corridor per floor. I. The entire dwelling unit does not necessarily have to be on the same floor. ii. External corridors are prohibited. (2) All multifamily residential developments where more than one (1)residence or use shares a parking lot shall be provided with outdoor trash containers or other means of trash disposal, compliant with all standards of Article VIII,Part 808,of this Ordinance. Section 165-702.08. Short-Term Lodging or Tourist Home. A. Permits.No short-term lodging activity shall take place on the property until the Department of Planning and Development has approved a short-term lodging administrative permit for the use and the Commissioner of the Revenue has approved a business license for the use. B. Maximum Occupancy.The maximum number of lodgers per night shall not exceed 10 unrelated persons, except where the Uniform Statewide Building Code (USBC)permits only a fewer number of occupants. C. Use Regulations. (1) No more than five (5)guest rooms are permitted for short-term lodging. (2) A short-term lodging dwelling unit shall have a maximum of one (1)rental contract per night. I. All lodgers occupying the short-term lodging dwelling unit must be associated with the same rental contract. (3) A dwelling or manufactured home used for short-term lodging shall comply with the following standards: I. Be available for inspection by the County during reasonable hours and in accordance with Article II,Administration,of this Ordinance; ii. Comply with the requirements of the applicable version of the Virginia USBC or Virginia Manufactured Home Safety Regulations, as determined by the Building Official; iii. Have a working multipurpose fire extinguisher,smoke detectors and carbon monoxide detectors(when required for a fireplace or gas service); VII-6 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE iv. Have a plan posted inside the door of each sleeping room showing the exit pathway from the sleeping room used for short-term lodging to the nearest exit from the dwelling or manufactured home; and v. Have at least two(2)designated off-street parking spaces available for lodgers which the operator has the authority to reserve for short-term lodging purposes. (4) Special events,as defined in Article XI,Definitions,of this Ordinance, are prohibited in association with short-term lodging uses. Section 165-702.09. Temporary Family Health Care Structure. A. Permits. (1) No temporary family health care structure shall be installed without first obtaining a permit. (2) The permit holder shall provide the County with evidence of compliance on an annual basis as long as the temporary family health care structure remains on the property. (3) The Zoning Administrator may revoke the permit granted if the permit holder violates any provision of this Section or Code of Virginia § 15.2-2292.1. B. Development Standards. (1) Only one (1)temporary family health care structure shall be placed on a lot or parcel of land. Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure. (2) Any temporary family health care structure shall be connected to the water, sewer, and electric utilities serving the primary residence on the property and shall comply with all applicable requirements of the Virginia Department of Health. C. General Standards. (1) A temporary family health care structure shall be permitted for use by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver as his residence as a permitted accessory use. i. Outside agencies or persons not residing on the property may provide care for the mentally or physically impaired person residing in the structure. (2) No signage advertising or otherwise promoting the existence of the temporary family health care structure shall be permitted either on the exterior of the structure or elsewhere on the property- (3) Any temporary family health care structure installed pursuant to this section shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance provided by the structure. VII-7 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Part 703. Public/Civic/Recreational Use Standards. Section 165-703.01. Administrative Review Eligible Project. A. Notwithstanding any other provision of this Ordinance,but subject to the requirements of this section,the following shall be permitted in all zoning districts: (1) Any small cell facility in accordance with Code of Virginia § 15.2-2316.4; (2) Pursuant to Code of Virginia§§ 15.2-2316.3 and 15.2-2316.4:1(A), any structure that is not more than 50 feet above ground level,provided that the structure with attached wireless facilities meets the following criteria; and I. Not more than 10 feet above the tallest existing utility pole located within 500 feet of the structure within the same public right-of-way or within the existing line of utility poles; ii. Not located within the boundaries of a local, state, or federal historic district; and iii. Designed to support small cell facilities. (3) Pursuant to Code of Virginia§§ 15.2-2316.3 and 15.2-2316.4:1(A),co-location of a wireless facility on the existing structure of a wireless facility that is not a small cell facility. B. Pursuant to Code of Virginia§ 15.2-2316.4(B)(2), any person seeking to install a facility or structure identified in A. of this section shall make application to the Zoning Administrator. The application shall be subject to consideration as follows: (1) Within 10 days after receipt of an application and a valid electronic mail address for the applicant,the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise,the application shall be deemed complete. (2) In accordance with Code of Virginia § 15.2-2316.4(B)(1),the Zoning Administrator shall approve or disapprove the application within 60 days of receipt of the complete application. I. The 60 period may be extended by the Zoning Administrator, in writing, for a period not to exceed an additional 30 days. ii. The application shall be deemed approved if the Zoning Administrator fails to act within the initial 60 days or an extended 30-day period. iii. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. (3) In accordance with Code of Virginia § 15.2-2316.4(B)(4),the Zoning Administrator shall only deny approval for the facility or structure on account of. I. Material potential interference with other preexisting communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities; or VII-8 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE ii. The public safety or other critical public service needs. iii. Otherwise, administrative approval of the facility or structure shall be granted. C. In accordance with Code of Virginia § 15.2-2316.4(B)(5),the applicant may voluntarily submit, and the Zoning Administrator may accept, conditions that address potential visual or aesthetic effects resulting from the placement,pursuant to this Section, of a facility or structure. Section 165-703.02. Campgrounds; Lodges and Resorts. A. Minimum Lot Size.The minimum lot size for a campground shall be five (5)acres. B. Density.The maximum allowed density for a campground shall be 10 campsites or cabins per acre. C. Perimeter Setbacks.The perimeter setback from the boundary of the campground for all structures and campsites shall be 100 feet. D. Permanent Residences.No more than one (1)permanent residence shall be allowed in a campground,which shall only be occupied by the owner, manager or an employee. E. Buffers and Screens.Where campgrounds are permitted, a Category"C"zoning district separation buffer and screen, as described by Article VIII, Part 802,of this Ordinance, shall be provided in relation to surrounding properties containing residential uses. F. Health and Safety. Campgrounds shall meet all applicable requirements of the Virginia Department of Health(VDH). Section 165-703.03. Frederick County Sanitary Landfill. A. General. (1) Sanitary landfills shall be permitted only where specifically allowed by Article VI,Use Matrix, of this Ordinance. (2) Sanitary landfills shall meet all requirements of the Frederick County Code and applicable state and federal regulations. (3) Where allowed, landfills shall be completely screened from the view of surrounding roads and properties by fences,walls, screens or other methods. B. Landfills. (1) A minimum buffer of 600 feet shall be maintained on parcels containing a landfill adjacent to properties containing residences or properties zoned RP,MH1,R4,or R5. I. Such buffers shall be along the boundary of the property adjacent to the properties so zoned or containing the residences. ii. In addition,the Board of Supervisors may require landscape screening or full screening in the buffer as described Article VIII, Part 802, of this Ordinance. (2) If a residential development is established adjacent to an existing landfill, a Category"C" buffer as described in Article VIII, Part 802,of this Ordinance, shall be placed on the land containing the residential development. VII-9 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE i. In no case shall residences be placed within 600 feet of a landfill. Section 165-703.04. Humanitarian Aid Organizational Office. A. Humanitarian aid organizational offices located in the RA Zoning District shall be subject to the following requirements: (1) A Category "B" zoning district buffer and screen, as described by Article VIII, Part 802,of this Ordinance, shall be provided in relation to surrounding properties containing residential uses. (2) Maximum building square footage shall not exceed 15,000 square feet, or a FAR of 0.3, whichever is less. (3) All signs shall conform with the cottage occupation sign requirements in Article VIII, Part 809, of this Ordinance. (4) No marketing of merchandise shall occur from this property. Section 165-703.05. Nationally Chartered Fraternal Lodges or Civic Clubs, Social Centers, and Their Related Club Facilities. A. Development Standards. (1) Prior to the establishment of the use,a site plan shall be submitted to and approved by Frederick County in accordance with Article III,Permits and Applications,of this Ordinance. B. General Standards. (1) All principal activities shall take place entirely within an enclosed structure. (2) All outdoor facilities shall be incidental to the principal facility or activity. (3) All facilities or activities shall be erected or conducted at least 30 feet from any residential district or area within other districts which are predominantly residential in nature. Section 165-703.06. Public Administration and Government Support Buildings, Including Fire Stations, Companies, and Rescue Squads. A. Government services office located in the RA District shall be subject to the following requirements: (1) Government services office uses shall be located within the Frederick County Sewer and Water Service Area(SWSA) and served by public water and sewer. (2) The improvements identified as necessary to achieve,or maintain, a minimum Level of Service (LOS) C shall be constructed in conjunction with the facilities. (3) The use and site shall adhere to 132 Zoning District dimensional standards, as established in Article IV, Part 406,of this Ordinance. VII-10 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-703.07. Public Utilities, Transmission and Distribution Facilities; Public Utilities, Power-Generating Facilities. A. Development Standards. Lot requirements for lots used by political subdivisions,municipal corporations,the Virginia Department of Transportation (VDOT),the Frederick-Winchester Service Authority,or Frederick Water for public utility purposes shall be as follows: (1) In all zoning districts,the Zoning Administrator shall have the authority to determine the minimum lot size necessary for such public utilities and the appropriate setbacks for such lots used for public utility purposes. (2) Such lots shall be exempt from the individual on-site sewage disposal system requirements. (3) Such lots may be accessed by private access easements at least 15 feet wide. (4) If a buffer requirement is imposed by this Ordinance,the Zoning Administrator shall have the authority to modify the buffer standard if the adjoining property does not contain residential uses. B. Transmission Voltage Electrical Substations. The following shall apply to transmission voltage electrical substations in the RA Zoning District: (1) A modified Category C Type full screen buffer is required around the perimeter of the facility. The following enhanced landscaping and screening requirements apply: I. A minimum 8-foot-tall berm shall be provided. ii. Deciduous trees shall be a minimum of one-and-one-half-inch (1.5")caliper, and a minimum of six(6) feet tall, at the time of planting. iii. Evergreen trees shall be a minimum of six(6)feet in height at the time of planting. iv. Shrubs shall be a minimum of 36 inches in height at time of planting. v. All other landscaping requirements,not modified above and contained in Article VIII, Community Development Standards,Part 802,of this Ordinance, shall apply. C. Distribution Voltage Electrical Substations.The following shall apply to distribution voltage electrical substations in the RA Zoning District: (1) A Category B Type full screen buffer satisfying the requirements of Section 165-802.08 of this Ordinance is required around the perimeter of the facility. I. Chain-link fencing with slats,with a privacy factor of 90%or greater,may be utilized to satisfy the opaque fence requirements,provided it also complies with Section 165- 810.01.A.2. and Section 165-810.01.A.3.1. of this Ordinance. D. Sewage Treatment Facilities. (1) Sewage treatment facilities serving three (3)or more dwellings,lots,or uses shall only be permitted if dedicated to a public authority or agency. I. Sewage treatment facilities serving primary or accessory agricultural uses shall be exempt from this requirement. VII-11 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (2) Residential Separation.In no case shall residences be placed within 600 feet of a sewage treatment facility. (3) Landscaping and Screening. i. A minimum buffer of 600 feet shall be maintained on parcels containing sewage treatment facilities adjacent to properties containing residences or properties zoned RP, MH 1,R4,or R5. ii. Required buffers shall be located along the boundary of the property adjacent to the properties so zoned or containing the residences. iii. If a residential development is established adjacent to an existing sewage treatment facility, a Category"C"buffer as described by Article VIII, Part 802, of this Ordinance shall be placed on the land containing the residential development. a. The Board of Supervisors may otherwise require landscape screening or full screening in the buffer as described by Article VIII,Part 802, of this Ordinance. Section 165-703.08. Telecommunications Towers and Facilities. A. Definitions.The terms used in this section shall have the same meanings as set out in Code of Virginia § 15.2-2316.3,unless the context requires a different meaning. B. Standard Process Projects. (1) Except as provided in Section 165-703.01. of this Article,no wireless facility or wireless support structure shall be sited, constructed,or operated except pursuant to a Conditional Use Permit(CUP)issued pursuant to Article III, Permits and Applications, of this Ordinance. (2) The issuance of a CUP for the siting, construction, and operation of a wireless facility is permitted within the zoning districts specified in Article VI,Use Matrix,of this Ordinance, provided that the wireless facility aligns with the requirements of Code of Virginia§ 15.2- 2232(A). (3) Application and Review Process. I. Any person seeking to install a facility or structure pursuant to this subsection shall make application in accordance with Article III, Permits and Applications,of this Ordinance. ii. Pursuant to Code of Virginia§ 15.2-2316.4:1.C.1.,the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information within 10 days after receipt of an application and a valid mail address for the applicant;otherwise,the application shall be deemed complete. iii. Pursuant to the Code of Virginia § 15.2-2316.4:2(D),the application shall include the information below,in addition to all applicable requirements of Article III,Permits and Applications,of this Ordinance: a. A map depicting the search area used in siting the proposed facility or structure pursuant to Code of Virginia; VII-12 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE b. Identification of all service providers and commercial telecommunications facility infrastructure within the search area; c. Confirmation that attempts to co-locate on existing structures have been made and, if such attempts were unsuccessful,the reasons so; d. Documentation issued by the Federal Communications Commission indicating that the proposed facility is in compliance with the Federal Communications Commission's established ANSUIEEE standards for electromagnetic field levels and radio frequency radiation; and e. An affidavit signed by the landowner and by the owner of the facility or structure stating that they are aware that either or both of them may be held responsible for the removal of the facility or structure as stated in D.,below. f The applicant may voluntarily submit, and the Board of Supervisors may accept, conditions that address potential visual or aesthetic effects resulting from the placement of the facility or structure. (4) Approval or Denial. i. The Board of Supervisors shall approve or disapprove the application within 150 days of receipt of the complete application by the Zoning Administrator or such shorter period as required by federal law,unless the applicant and the Board of Supervisors agree to a longer period for approval or disapproval of the application. ii. If the Board of Supervisors grants a CUP,the following standards shall then apply to any property on which a wireless facility or wireless support structure is sited,in order to promote orderly development and mitigate the negative impacts to adjoining properties, residential properties,land use patterns, scenic areas, and properties of significant historic value: a. The Board may reduce the required setback distance for the wireless facility or wireless support structure as required by Article IV,Primary Zoning Districts, of this Ordinance, if the applicant submits sufficient documentation,certified by a registered Virginia professional engineer,that, in the event of a collapse of the wireless facility or wireless support structure,the collapsed wireless facility or wireless support structure will be contained in a fall zone that does not extend into the area of the proposed reduced setback,measured from the center line of the base of the wireless facility or wireless support structure. (1). The setback distance shall not be reduced to less than half the distance of the height of the wireless facility or wireless support structure if the adjoining property is zoned for residential use or if the principal use of the adjoining property is a residence. b. Monopole-type construction shall be required for any new wireless facility or wireless support structure. The Board may allow lattice-type construction when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historic resources. VII-13 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE c. No more than two (2)signs shall be permitted on any wireless facility or wireless support structure. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. d. When lighting is required for a wireless facility or wireless support structure,dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration (FAA)or the Federal Communications Commission(FCC). Strobe lighting shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with the wireless facility or wireless support structure shall utilize infrared lighting and motion-detector lighting to prevent continuous illumination. e. Every wireless facility and wireless support structure shall be constructed with materials of a galvanized finish or be of a noncontrasting blue or gray unless otherwise mandated by the FAA or FCC. f Every wireless facility and wireless support structure shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties,roads,or other rights-of-way (ROWS). g. The entirety of(4)11. above is based on current Section 165-703.01 of this Article. iii. If the Board of Supervisors denies a CUP under this subsection,the Board shall provide the following in accordance with Code of Virginia§ 15.2-2316.4:1: a. Provide applicant with a written statement of the reasons for the denial; b. Identify any modifications of which the County is aware that would permit it to approve the CUP; and c. Have supporting substantial record evidence in a written record publicly released within 30 days of denial. C. Pursuant to the Code of Virginia § 15.2-2316.4:3(A),maintenance of existing facilities and/or structures and replacement of existing facilities and/or structures within a six(6)foot perimeter with substantially similar or same size or smaller facilities and/or structures are exempt from fees and permitting requirements. D. Pursuant to Code of Virginia§ 15.2-2316.4:3(B),nothing in this Section shall prohibit a locality from limiting the number of new structures or the number of wireless facilities that can be installed in a specific location. E. Pursuant to the Code of Virginia § 15.2-2316.4(B)(6), any facility or structure permitted by this section that is not operated or used for a continuous period of 12 months shall be considered abandoned, and the owner of such facility or structure shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. VII-14 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) If the facility or structure is not removed within the 90-day period,the County may remove the facility and a lien may be placed to recover expenses. Section 165-703.09. Utility-Scale Solar Power Generating Facilities. A. Prior to the establishment of a utility-scale solar power generating facility, a site plan shall be submitted to and approved by Frederick County in accordance with Article III, Permits and Applications,of this Ordinance. B. The initial approval of a CUP in accordance with Article III, Permits and Applications,for a utility-scale solar power generating facility shall provide the landowner or developer with a minimum of three (3)years to commence the project. (1) Applications for minor modifications to the CUP do not constitute a waiver of the provisions and do not extend the period of validity. C. Siting Agreement.Any applicant for a utility-scale solar generating facility shall provide notice of intent to enter into a siting agreement with Frederick County in accordance with Code of Virginia § 15.2-2316.7. (1) The approval of a siting agreement in accordance with Code of Virginia§ 15.2-2316.8.13 shall deem the utility-scale solar generating facility to be substantially in accord with the Comprehensive Plan,thereby satisfying the requirements of Code of Virginia § 15.2-2232. (2) The failure of an applicant and the Board of Supervisors to enter into a siting agreement may be a factor in the Board's decision in the consideration of any land use approvals for a solar project,but shall not be the sole reason for a denial of such land use approval. (3) The effect of such siting agreement shall be as established in Code of Virginia§ 15.2-2316.9. D. Decommissioning.Any owner, lessee,or developer of real property for the purposes of solar power energy generation shall enter into a written agreement,prior to site plan approval,with Frederick County to decommission solar energy equipment, facilities,or devices pursuant to the terms and conditions of Code of Virginia§ 15.2-2241.2(B). Part 704. Commercial Use Standards. Section 165-704.01. Adult Retail. A. Adult retail uses shall comply with the minimum requirements of this Ordinance, any conditions imposed by the Board of Supervisors, and the following minimum conditions: (1) Adult retail uses shall be located at least 2,500 feet from the property line of the following uses: i. Existing adult retail uses; ii. Schools; iii. Churches and places of worship; iv. Parks; VII-15 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE v. Day-care facilities; and vi. Residential uses and districts. (2) Adult retail uses shall not be permitted in shopping centers and/or multitenant buildings. (3) All merchandise display areas shall be limited to enclosed structures and shall not be visible from the outside. (4) Business signs shall not exceed a maximum of 25 square feet.Wall-mounted signs and window displays are prohibited. (5) Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m. Section 165-704.02. Automotive Oil Change and Lubrication Shops; Building Materials, Hardware, Garden Supply, and Retail Nurseries; General Automotive, Motorcycle and Truck Repair, Services and Parking. A. Location. (1) All repair shall take place entirely within an enclosed structure. (2) Inoperable motor vehicles must be stored within a totally enclosed building or screened on all sides by a six(6)foot opaque element such as a fence,wall or berm. B. Screening.All exterior storage of parts and equipment shall be screened from view of surrounding properties by an opaque fence or screen at least six(6)feet in height. This fence or screen shall be adequately maintained. (1) Chain-link fencing with double-walled winged slats,with a privacy factor of 90%or greater, may be utilized to satisfy the opaque fence requirements when the adjoining properties are in the B-2,B-3,M-1,M-2,TM,EM, or MS Districts,or other zoning districts where the proposed use is also allowed. i. An equivalent slat type may be approved by the Zoning Administrator. C. Sales.In the RA,M1,M2,and TM Zoning Districts,the sale of automobiles shall not be permitted as an accessory or secondary use to any automotive repair shop. Section 165-704.03. Boat Repair Shop. A. All boat repair uses shall meet the following requirements: (1) All repair activities shall take place entirely within an enclosed structure. (2) All exterior storage of parts,equipment, and boats shall be screened from view of surrounding properties by an opaque fence or screen a minimum of six(6)feet in height. i. This fence or screen shall be adequately maintained. (3) In the RA,MI, and M2 Zoning Districts,the sale or resale of boats shall not be permitted as an accessory or secondary use to a boat repair shop. VII-16 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-704.04. Car Washes. A. Car washes in the B-1 and B-2 Zoning Districts that are adjacent to RA with residential dwellings,RP,R-4,R-5,MS(Medical Support with Residential Component), or MH-1 zoned properties shall have an operator on-site during all hours of operation. (1) Hours of operation for car washes in such districts shall be limited to the following: y,°° Wash Hours orUperatimoW Days Hours Monday—Friday 7:00 a.m.to 9:00 p.m. Saturday 8:00 a.m.to 9:00 p.m. Sunday 12:00 noon to 6:00 p.m. Section 165-704.05. Commercial Recreation; Indoors or Outdoors. A. Commercial indoor recreation located in the M1 and TM Zoning Districts shall be subject to the following requirements: (1) Parking areas for recreation facilities shall be designated to enhance the safety of patrons as they arrive at and leave the facility. (2) Adequate parking shall be provided on site or through a shared parking agreement per Article VIII,Part 804, of this Ordinance. (3) Establishments shall include a designated pickup and delivery area for all patrons in such a way that provides safe and clearly designated access to enter or exit the facility. B. Commercial Batting Cages. Commercial batting cages located in the 132 Zoning District shall meet the following requirements: (1) Outdoor batting cage operations may be developed as standalone facilities or may be located in conjunction with other permitted uses in the 132 Zoning District. (2) Outdoor batting cage operations shall be constructed to meet the standards for rectangular cage systems and radial cage systems. i. Monopole cage systems shall not be permitted. ii. Stock pipe utilized to support the outdoor batting cage net system shall not exceed 25 feet in height. (3) Outdoor batting cage systems shall be developed within an area not to exceed 15,000 square feet. i. The perimeter of the outdoor batting cage facility shall be enclosed with an eight(8)-foot high chain link fence. (4) Lighting fixtures for outdoor batting cage operations shall be engineered to reflect downward and shall not reflect light onto adjoining uses,properties, and road ROWS. VII-17 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-704.06. Commercial Shooting and Archery Ranges, Indoor or Outdoor. A. Permits. Outdoor shooting and archery ranges shall be allowed only with an approved CUP in accordance with Article III,Permits and Applications,of this Ordinance. B. Distance to Residences. (1) In no case shall a shooting range be located within 1,000 feet of any residence. (2) In no case shall an archery range be located within 300 feet of any residence. C. Landscaping and Screening.Where outdoor shooting and archery ranges are allowed, a "Category C"zoning district separation buffer, as described by Article VIII,Part 802, of this Ordinance, shall be provided in relation to surrounding properties containing residential uses. D. Supervision.All outdoor shooting and archery ranges shall be supervised at all times by qualified personnel. Section 165-704.07. Country General Store Without Fuel Sales. A. Country general stores located in the RA Zoning District shall meet the following requirements: (1) The use shall adhere to the B2 Zoning District dimensional standards established in Article IV, Part 406,of this Ordinance. (2) A country general store may not exceed 3,500 square feet of gross retail floor area. i. Country general stores proposing a square footage in excess of 3,500 square feet or with fuel sales shall be located within or adjacent to a designated rural community center, as defined in the Comprehensive Plan, and/or require a rezoning to a business district. (3) Country general stores may not include accessory fuel sales. (4) A Site Plan shall be submitted to and approved by Frederick County prior to the establishment of the use in accordance with Article III,Permits and Applications,of this Ordinance. (5) All new buildings require building permits reviewed and approved by the Building Official. Existing buildings should conform to the requirements under Article IX,Nonconformities, of this Ordinance. (6) Any expansion of an approved country general store shall require the approval of a new CUP in accordance with Article III,Permits and Applications,of this Ordinance. Section 165-704.08. Flea Markets, Operated Indoors or Outdoors. A. Flea markets in the RA Zoning District shall meet the following requirements: (1) A Site Plan in accordance with the requirements of Article III, Permits and Applications, shall be submitted to and approved by Frederick County. i. The site plan shall delineate all vendor spaces in addition to all required parking spaces. (2) Size of Use.Property size shall be a minimum of six(6) acres and a maximum of 15 acres. VII-18 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (3) Location.Flea markets may be located indoors or outdoors. (4) Operation.Flea markets shall only be permitted to operate Friday through Sunday and on holidays. (5) Display of Products.All items displayed for sale shall be located within designated vendor spaces. (6) Parking and Access. I. All parking spaces and travel aisles shall be graveled. ii. The Board of Supervisors may require through the CUP process that all travel aisles and/or parking spaces be paved with a minimum double prime and seal or alternative dust free surface. In. The site must have direct frontage and access to a collector or arterial roadway. a. All entrances shall conform to VDOT standards. (7) Landscaping and Screening. I. A"Category B"zoning district buffer as described in Article VIII,Part 802,of this Ordinance, shall be required along any adjacent parcel: a. Six(6)acres in size or less that is used for residential purposes; and b. Where a dwelling is located 50 feet or less from the proposed flea market property. ii. When adjacent to property primarily used for purposes other than residential, fencing (wire type,nonopaque) shall be provided along the property line. Section 165-704.09. Flex-Tech. A. Intent.The intent of this section is to ensure that flex-tech development shall be designed for safe, efficient traffic flow and to complement its surroundings. B. Applicability.These standards shall apply to any property in which flex-tech developments are located, in order to promote economic development and mitigate any negative impacts to adjoining properties. C. Permitted Uses.All uses allowed in the B2,B3,M1, and TM Districts will be permitted in a flex-tech development. (1) Primary Use. The primary use shall be a use pennitted by the zoning district in which the development is located. I. The primary use shall occupy a minimum of 75% of an establishment,measured in gross floor area of the unit. (2) Accessory Use.The accessory use shall be a use permitted in flex-tech but not necessarily in the district in which the development is located. D. The flex-tech development shall only be permitted within approved master planned developments. The approved master plan shall indicate location of the flex-tech development. VII-19 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE E. All flex-tech developments shall adhere to an approved Site Plan that complies with the requirements set forth in this Ordinance, including the following design standards: (1) Individual Unit Size Dimensional Requirements. i. Maximum unit sizes shall be 20,000 square feet. (2) Site Layout Requirements. i. Loading Bays. a. All loading bays shall be located so that they are not visible from road ROWS.All loading bays shall be screened from view by the building,landscaping,walls or decorative fencing. b. Except during the process of loading or unloading,trucks and trailers shall not be parked outside the building,unless parked in screened areas not visible from adjacent road ROWS or properties. c. The Zoning Administrator may waive any and all of the loading bay location and screening requirements when a site is bordered by two(2)or more road ROWS. d. In no case shall a loading bay be visible from an arterial or collector road. ii. Building Separation.Minimum on-site building separation shall be as follows: a. Front yard: 30 feet. b. Side Yard: 30 feet. c. Rear yard: 120 feet. iii. Entrances onto the site shall clearly separate automobile traffic from truck traffic. Automobile parking and truck loading areas shall be clearly separated. iv. Parking areas shall be designed to accommodate the most intensive use of the structures. Parking may be constructed in phases to reflect required parking for the actual occupying uses,as determined by the application for a certificate of occupancy and/or change of use permit. v. All uses shall be conducted entirely within enclosed structures. Section 165-704.10. Food and Beverage Retailers. A. B3 Zoning District Requirements. (1) Maximum building square footage used for retail sales of grocery or food products shall not exceed 10,000 square feet. i. The 10,000 square feet shall not include area used for storage warehousing of products. B. B1 Zoning District Requirements. (1) Maximum building square footage used for retail sales of grocery or food products shall not exceed 15,000 square feet. VII-20 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-704.11. Food Services, Restaurants and Other Eating Places. A. Restaurants located in the B 1 Zoning District shall meet the following requirements: (1) Drive-through window service is prohibited. (2) Restaurants shall only be permitted within a shopping center containing at least three (3) other business units. i. Restaurants shall not exceed 35% of the total floor area within a shopping center. (3) Restaurants without drive-through facilities located in the RA Zoning District shall meet the following requirements: i. Restaurants shall have an approved drainfield; alternative waste systems,including pump and hauls, are prohibited. Section 165-704.12. Hardware, Plumbing, and Heating Equipment and Supplies Merchant Wholesalers. A. Electrical hardware,plumbing, and heating equipment business located in the B2 Zoning District shall be subject to the following requirements: (1) Establishments primarily engaged in these businesses shall not exceed 8,000 square feet of total floor area. (2) Only 25%of the total floor area within a shopping center shall contain such businesses. (3) Outdoor storage and fabrication and/or manufacturing facilities shall be prohibited. Section 165-704.13. Kennels. A. Where allowed separately or as a part of a veterinary clinic or hospital,kennels shall meet the following requirements: (1) All dogs shall be confined to secure pens or structures. (2) A"Category C"zoning district buffer, as described by Article VIII, Part 802,of this Ordinance, shall be provided in relation to all surrounding properties containing residential uses. Section 165-704.14. Motor Vehicle and Parts Dealers. The Zoning Administrator may approve alternative parking space size, space demarcation, aisle dimensions,and parking islands for areas used for the display or storage of vehicles for sale by a vehicle dealer. Section 165-704.15. Offices and Clinics of Doctors of Medicine, Dentists, and Other Health Practitioners. A. Doctors of medicine,dentists and other health practitioners in the RP and RA Districts shall be subject to the following requirements: VII-21 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) The use shall adhere to B2 Zoning District dimensional standards established in Article IV, Part 406, of this Ordinance. I. Buffers and screening are excluded from these requirements and shall be determined by the Zoning Administrator. (2) The use must front on and be accessed via a collector or arterial roadway. (3) The primary use of the structure shall be the doctor's office. (4) The use shall not be located within a residential development/subdivision. Section 165-704.16. Retail Stores (Drug, Health, and Personal Care). A. Retail stores(drug,health, and personal care)located in the B 1 Zoning District shall meet the following requirements: (1) Size of Use.Maximum building square footage used for retail sales shall not exceed 15,000 square feet. Section 165-704.17. Special Event Facility. A. Any special events facility shall be subject to the following requirements: (1) Review. I. An illustrative sketch plan in accordance with the requirements of Article III,Permits and Applications, shall be submitted with the CUP application. a. This plan shall identify access for the facility,the location of all parking areas,the location and square footage for all structure(s)to be used, and the location of sewage disposal facilities. ii. All structures associated with a special events facility shall require review and approval by the Building Official. (2) Parking. i. Private entrances, driveways, and all travel ways accessing the required off-street parking areas shall be provided with a gravel surface or an approved equivalent. ii. Adequate area for off-street parking on stable ground shall be provided for the special events center. iii. Parking areas shall be maintained regularly, free of mud, and stabilized with vegetation. Tracking of mud and debris onto roadways is not permitted. iv. Parking related to or required for other approved businesses or business activity on the property shall meet the requirements of Article VIII, Community Development Standards, for off-street parking and parking lots. v. At no time shall the parking of vehicles obstruct vehicular traffic or impede access to emergency services. vi. Accessible parking shall be provided as required by the Virginia USBC. VII-22 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE vii. The Board of Supervisors may require through the CUP process that all travel aisles and/or parking spaces be graveled,paved with a minimum double prime and seal,or alternative surface. viii. Additional requirements may be required as determined by the Frederick County Fire Marshal to maintain fire department apparatus access. (3) General Standards. i. Portable toilets shall be permitted for special event facilities,provided that they are screened from all adjoining properties and roads by topography, structures or new or existing landscaping. ii. Special events facilities that share a private access easement with another property owner/s must show the easement allows a use of this type or written permission must be obtained by the sharing parties. Section 165-704.18. Welding Repair. A. Development Standards. (1) A Site Plan in accordance with the requirements of Article III,Permits and Applications, shall be submitted to and approved by Frederick County. (2) Total building area shall not exceed 7,500 square feet. B. General Standards. (1) Hours of operation shall not exceed 7:00 a.m.through 7:00 p.m.,Monday through Saturday. (2) All outdoor storage or repair areas shall be screened by a six(6) foot board-on-board fence, evergreen screen or berm. (3) The Board of Supervisors may require buffer and screening elements and/or distance when deemed necessary to protect existing adjacent uses. Part 705. Industrial Use Standards. Section 165-705.01. Computing Infrastructure Providers, Data Processing, and Data Centers. A. All data centers must meet the following requirements: (1) Prior to the approval of a rezoning application or CUP,the following shall be provided: i. A site assessment to examine the sound profile of the data center on residential units and schools located within 500 feet of the data center property boundary in accordance with (5),below; ii. A site assessment evaluating the effect of the proposed facility on the below; and a. Ground and surface water resources; b. Agricultural resources; VII-23 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE c. Parks; d. Registered Historic Sites; and e. Forestland on the data center site or immediately contiguous land. In. Details of any new or existing substations that will be used to serve the data center and the anticipated transmission voltage required to serve the data center. (2) Generator testing and cycling shall be limited to weekdays(Monday to Friday)between the hours of 8:00 a.m.to 5:00 p.m. I. Notwithstanding the foregoing,all noise generated by any on-site generator shall comply with Article VIII, Part 801,of this Ordinance. (3) Mechanical Equipment. I. Ground-mounted mechanical equipment shall be prohibited in the primary setback. ii. Ground-mounted and rooftop mechanical equipment shall be screened from public roadways and adjoining properties on all sides. a. Generators.All generators shall be enclosed with a manufacturer-approved enclosure or located within the primary structure. b. Other Mechanical Equipment.An opaque screen shall be provided by either the principal building,louvered wall, or equivalent screen approved by the Zoning Administrator. (i). The maximum height of the opaque screen should correspond to the tallest piece of equipment being shielded from view. (4) Setback and Screening Requirements. I. Structures must be set back at least 200 feet from the common property line when adjoining land is zoned RA,RP,R4,R5,or MH1. Otherwise,the base zoning district dimensional standards shall apply in accordance with Article IV,Primary Zoning Districts. ii. A"Category C"zoning district buffer as described in Article VIII, Part 802,of this Ordinance, shall be provided around the perimeter of the property. a. If the adjoining property is zoned B3,TM,M1,or M2,no buffer is required. (5) Noise and Noise Monitoring. I. The applicant shall submit an Environmental Noise Impact Assessment prepared by a qualified full member of the Acoustical Society of America(ASA), a member of the Institute of Noise Control Engineering (INCE), or a member of the National Association of Acoustical Consultants(NCAC).The purpose of such noise impact assessment, modeled in SoundPLAN, CadnaA,or accepted equivalent, shall model anticipated noise levels as a result of facility operation and establish a baseline noise level prior to approval of a rezoning or CUP. VII-24 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE ii. A noise study certifying noise levels shall be conducted 12 months after the issuance of the first certificate of occupancy(CO) and every five (5)years thereafter. Each noise study shall be submitted for review to the Zoning Administrator and/or his/her designee to assess the actual impact of the completed project. a. The measurement of sound or noise pursuant to this section shall be as follows: (i). The measurement of sound or noise shall be made with a Type 1 or Type 2 sound level meter which meet the standards prescribed in ANSI S 1.4:2014, Specification for Sound Level Meters. The instruments shall be maintained in calibration and good working order.A minimum of three (3) sound level readings shall be taken. The average of these readings will be used as the average sound level. If the background noise is equal to the levels set forth in this section,three (3)dB shall be subtracted out of the average sound level. (ii).The slow meter response of the sound level meter shall be used to determine that the average amplitude has not exceeded the dBA readings or the limiting noise spectra set forth in this section. (iii). Unless otherwise specified, the measurement shall be taken at the property boundary on which such noise is generated. b. Any additions,alterations,or expansion of a facility or its equipment shall require a new noise impact assessment to be submitted and approved by the Zoning Administrator. c. If the post construction noise study exceeds the maximum noise level permitted, additional noise mitigation strategies,improvements, or operational changes shall be required. iii. Any equipment necessary for cooling,ventilating,or otherwise operating the facility, including power generators or other power supply equipment on the property,whether ground-mounted or roof-mounted, shall include the following noise-mitigation elements: a. Low-noise emission fans. b. Acoustic wraps for compressors and oil separators. c. An acoustic perimeter,which may include a perimeter around a group of individual chillers,which may be louvered or solid. d. Other sound-attenuation measures as approved by the Zoning Administrator. iv. The owner shall provide documentation in the form of technical specifications, photographs, and/or engineered plans,of the above mitigation measures contained in A.(5)111., above,with each building permit for a data center building on the property and shall further provide documentation that such measures have been installed concurrently with each occupancy. Section 165-705.02. Junkyards and Auto Merchant Wholesalers. A. General. VII-25 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) Junkyards, automobile graveyards, dumping and trash heaps shall be permitted only where specifically allowed by Article VI,Use Matrix,of this Ordinance. (2) Such uses shall meet all applicable local, state, and federal regulations. (3) Junkyards and auto merchant wholesalers shall be completely screened from the view of surrounding roads and properties by fences,walls, screens, or other methods. B. Junkyards. (1) No junkyards shall hereafter be established if any portion is located within 1,000 feet of the nearest edge of the ROW of any interstate or United States highway,or within 500 feet of the nearest edge of the ROW of any Commonwealth of Virginia highway, except as follows: i. Junkyards which are screened by natural objects,plantings, fences,or other appropriate means so as not to be visible from the main traveled way of the highway or street or otherwise removed from sight. ii. Junkyards which are not visible from the main traveled way of the highway. Section 165-705.03. Oil and Natural Gas Exploration. A. All applicable federal, state,and local regulations shall be met. B. A site plan shall be reviewed and approved meeting all requirements of the Frederick County Code. C. Refining is prohibited in the EM Zoning District. Section 165-705.04. Sand, Shale, and Clay Mining. A. All mining operations shall: (1) Be above the mean existing grade level of a parcel; (2) Meet all applicable state and federal requirements; and (3) Adhere to the EM Zoning District dimensional standards established in Article IV,Part 407, of this Ordinance. Section 165-705.05. Self-Service Storage Facilities. A. Self-service storage facility operations shall be permitted as a primary or accessory use in all zoning districts in which they are permitted. B. Development Standards. (1) Buildings that provide interior and exterior accessible units are permitted. (2) Individual units within the self-service storage building shall not exceed 1,000 square feet in area. (3) Minimum building spacing shall be 30 feet apart. Loading areas shall be delineated to ensure that adequate travel aisles are maintained between buildings. C. General Standards. VII-26 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) All parking areas,travel aisles,and maneuvering areas associated with the self-service storage facility operations shall be paved with asphalt,concrete or similar material to provide a durable hard surface. (2) Recreational vehicles and boats shall be permitted to be stored within completely enclosed areas of the self-service storage facility,provided that the storage area is depicted on the approved site plan and is separate from the parking areas and travel aisles. i. Areas utilized for this purpose shall be exempt from the surface requirements specified under B.(1)of this Section. (3) Self-service storage facility operations shall be designed to accommodate the storage of residential, commercial and industrial items, excluding hazardous,toxic and explosive materials. (4) Any use, sale,repair or activity other than storage is prohibited. (5) A copy of the lease agreement which describes the requirements of this subsection shall be approved in conjunction with the site plan for the self-service storage facility operation. D. Landscaping and Screening. (1) Facilities located in the B2 Zoning District shall have all overhead doors and loading areas completely screened by a double row of evergreen trees that are staggered and planted a maximum of 12 feet off center and are a minimum of four(4)feet in height when planted. (2) Facilities located in the B3 or M1 Zoning Districts shall be required to landscape the yard area adjacent to public streets and residences to provide for a double row of evergreen trees that are staggered and planted a maximum of 12 feet off center. The side and rear yards shall be planted with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off center.All trees shall be a minimum of four(4)feet in height at the time of planting. (3) Facilities located on parcels that are within a master planned industrial park or office park shall be required to landscape the perimeter of the facility with a single row of evergreen trees that are planted a maximum of 40 feet off center.All trees shall be a minimum of four(4)feet in height at the time of planting. (4) The installation of an opaque wall or fence that is a minimum of six(6)feet in height may substitute for required landscaped areas in all zoning districts. (5) A solid building wall, free of windows or doors,is not required to be screened. (6) Chain-link fencing with slats,with a privacy factor of 90%or greater,may be utilized to satisfy the opaque fence requirements when the adjoining properties are in the B2,B3,Ml, M2,TM,EM,MS zoning districts, or other zoning districts where the proposed use is also allowed. Section 165-705.06. Tractor Truck and Tractor Truck Trailer Parking. A. General Standards. VII-27 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) No facility shall be located adjacent to residential uses. (2) All areas utilized for the parking of tractor trucks and the storage of trailers shall utilize a gravel or paved surface. i. All paved and gravel surfaces shall be properly maintained to ensure that dirt,mud, gravel, or the like is not distributed onto roadways. (3) The following activities shall be prohibited at such facilities: i. Fuel sales; ii. Maintenance of trucks and trailers; and In. The parking or storage of inoperable tractor trucks,damaged/salvage trailers, or unlicensed trailers. (4) Facilities shall be required to landscape the yard area within the front setback to provide for a double row of evergreen trees that are staggered and planted a maximum of 12 feet on center. The side and rear yards shall be planted with a single row of evergreen trees that are planted a maximum of 40 feet on center. i. All trees shall be a minimum of four(4)feet in height at the time of planting. ii. The Board of Supervisors may allow for alternative landscaping based on topography and/or adjacent land uses. (5) A Site Plan in accordance with the requirements of Article III, Permits and Applications of this Ordinance,shall be submitted to and approved by Frederick County. Section 165-705.07. Truck or Fleet Maintenance Facilities; Car, Truck, Utility Trailers, and RV (Recreational Vehicle) Rental and Leasing. A. In the M1 Zoning District,truck or fleet maintenance facilities shall only be permitted in industrial parks. B. Truck or fleet maintenance facilities may have fuel service,provided that it is limited to one (1) gasoline storage tank of 10,000 gallons or less and one(1)diesel storage tank of 10,000 gallons or less. C. Development Standards. (1) The Zoning Administrator may require additional buffers and screening other than those defined in Article VIII, Part 802 of this Ordinance. D. General Standards. (1) All repair and maintenance operations shall occur within a completely enclosed structure. (2) Outdoor storage of parts associated with repair and maintenance shall be prohibited. (3) Retail sales of fuel are prohibited. VII-28 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-705.08. Warehousing and Storage. A. In the TM Zoning District,warehousing and storage uses shall be accessory to another principal use. (1) Such warehousing and storage shall not exceed: i. More than 50%of the gross square footage of the principal structure; or ii. More than 75%of the gross square footage of the principal structure,when served directly by rail. Part 706. Miscellaneous Use Standards. Section 165-706.01. Accessory Dwellings. A. One (1) accessory dwelling shall be allowed with any single-family dwelling as long as the following conditions are met: (1) The floor area of the accessory dwelling shall be no more than 25% of the gross floor area of the primary residential structure on the lot or a minimum of 500 square feet,whichever is greater. (2) In the RP,R4, and R5 Zoning Districts, accessory dwellings shall only be allowed if they are attached to the primary residential structure. (3) In no case shall a manufactured home be allowed as an accessory dwelling in the RP,R4,or R5 Zoning Districts. B. Dwellings in a Business. One (1) accessory dwelling shall be allowed with any business or industrial use only so long as it is occupied by the owner of the business or industry, an employee or a watchman. Section 165-706.02. Accessory Uses. A. Secondary or accessory uses shall be permitted by right in the 131,132,133,TM,M1, and M2 Districts,but only in conjunction with and secondary to a permitted principal use. (1) The square footage or area occupied by secondary uses cumulatively shall not exceed 25% of the gross floor area of the related principal use. (2) In the 133,TM,M1, and M2 Districts,no more than 15%of the gross floor area of the principal use may be used for accessory retail sales, and in no case shall the accessory retailing component exceed 2,000 square feet. The square footage devoted to accessory retail sales shall be included in calculating the limit of 25%on secondary uses. B. General. (1) In no case shall a manufactured home or temporary trailer be allowed as an accessory use, unless it is used for temporary or permanent housing on a bona fide, operating farm. C. Agricultural Accessory Uses. VII-29 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) The selling or processing of agricultural products produced on the premises shall be considered accessory to an agricultural use. (2) On bona fide,operating farms,temporary or permanent housing for workers actively working on the farm shall be an allowed accessory use. VII-30 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Article VIII. Community Development Standards. Part 801 . Nuisances. Section 165-801.01. General Requirements. A. Any use of land or structures which creates the following nuisances shall be prohibited. In addition,the following standards shall be met: (1) Glare. Outdoor lighting shall be in accordance with Part 807 of this Ordinance. Sources which produce harmful glare or ultraviolet rays,including arc welding or acetylene torches, shall be completely screened from view sufficiently to be imperceptible beyond the lot lines. (2) Radiation Hazards.All uses handling radioactive materials shall conform with applicable local, state and federal regulations.No use shall be allowed which: i. Creates radiation emissions which are hazardous to the health and safety of the general public; or ii. Discharges radioactive materials into the atmosphere, soils,or bodies of water. (3) Electromagnetic Interference.No use shall be allowed which creates electric disturbances which would adversely affect the operation of equipment beyond the lot line of the use. (4) Vibrations.No use shall be allowed which creates any vibration discernible for three (3) minutes or more per hour. In no case shall vibrations exceed a maximum peak particle velocity of 0.05 inch per second. (5) Fire Hazards.No use shall be allowed which does not conform with all applicable fire codes and the Frederick County Code concerning fire hazards and the storage of explosives. (6) Air Pollution.No use shall be allowed which does not conform with the regulations of the Virginia State Air Pollution Control Board concerning the emissions of smoke,particulate matter, odors and other gaseous pollutants. (7) Water Pollution.No use shall be allowed which does not conform with the regulations of the Virginia State Water Control Board and the Virginia Department of Health (VDH)concerning the discharge of liquid,toxic, or other wastes into surface waters or the soil. (8) Noise. Sound levels at the property line of a development shall not exceed 70 dba(A scale) within the B3,TM,MI, and M2 zoning districts. Part 802. Buffers and Landscaping. Section 165-802.01. Purpose. A. The requirements of this Part are intended to enhance the appearance, environment, and general welfare of Frederick County by providing minimum landscaping standards and encouraging tree preservation for developments. VIII-1 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE B. It is the intent of the regulations of this Part to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Section 165-802.02. Applicability. The provisions of this Part shall apply to all Site Plan and subdivision design plan applications, including the revision or expansion of any site or development. Section 165-802.03. Residential Developments. A. Residential developments which require an MDP, subdivision design plan,or Site Plan shall provide at least one (1)of the three (3)types of landscaping identified below. (1) Street Tree Landscaping. i. Street tree landscaping shall require one (1)street tree for every 40 feet of street frontage in a residential development,with the exception of frontage on roads which require a road efficiency buffer. ii. Planting street trees on the property lines of building lots should be avoided. iii. Two (2)or more street trees shall be planted on each building lot. a. The Zoning Administrator may allow fewer than two (2) street trees for an individual building lot if topographical features,utilities,easements,or the width of the lot makes it impractical to do so. iv. All Street Trees shall adhere to the requirements of Table VIII-4,below. V. Street Trees shall be selected in accordance with the Frederick County Master Planting List,which shall be maintained by the Zoning Administrator. (2) Ornamental Landscaping. i. Ornamental landscaping shall be provided for residential developments based on Table VIII-I and Table VIII-2. ii. Ornamental trees and shrubs shall comply with the requirements of Sections 165-802.04 and 165-802.05 of this Article. iii. The Zoning Administrator may allow some of the required ornamental trees and ornamental shrubs to be planted in areas of common open space so long as the intent of this Section is met. Table VIII-1.Index of • Lot Type •n A Single-Family Detached Rural Traditional B Single-Family Detached Traditional C Single-Family Detached Urban D Single-Family Detached Cluster E Single-Family Detached Zero Lot Line F Single-Family Small Lot G Multiplex H Townhouse,Back-to-Back Townhouse VIII-2 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Table VIII-I.Index of Lot Types. Lot Type • I Garden Apartment,Multifamily Residential Buildings, and Age-Restricted Multifamily Housing Table VJhhjEV0WjMdjLandscaping Per Dwelling Lot TypeOrnamental ShrubsOrnamental A None 10 per 1 unit B C 10 per 1 unit D 5 per 1 unit E F 15 per 1 unit G 3 per 3 units* 1 per 3 units* H 6 per 5 units* 2 per 5 units* 1 3 per 2 units* 1 per 2 units* *Required ornamental trees and shrubs are in addition to all trees and shrubs elsewhere required in the Zoning Ordinance. (3) Tree Preservation Landscaping. i. An area with a tree canopy coverage,of at least 25%of the entire site area, shall be preserved within dedicated open space. a. The calculation of tree canopy shall be based on either the individual tree standards of the "Manual of Woody Landscape Plants," written by Michael A. Dirr, or through a comprehensive analysis of existing tree drip lines, conducted by a Virginia certified engineer, land surveyor, or landscape architect. b. These areas may be counted towards the total required open space, if required in by Part 805 of this Article. c. Residential developments which are not required to have open space per Part 805 of this Article are not exempt from creating open space for the required canopy coverage. ii. Canopy coverage shall be calculated from the cumulative total of existing tree canopies. iii. Preserved trees shall be clustered together to maintain a contiguous canopy;and shall be protected from construction activity. Section 165-802.04. Business and Industrial Developments. Landscaping shall be provided for business and industrial developments based on Table VIII-3. TableRequired Landscaping for Business Development Business or Industrial Percentage of Lot Area to be District Landscaped B1 35 VIII-3 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE TablehL Required 1 1 ' for Business EEE==jjD_evel(i,-.pneTts Business or 11 Percentage of • to 1" District Landscaped 132 15 B3 25 HE 25 TM 15 MI 25 M2 15 Section 165-802.05. Plant Selection. A. All required trees and shrubs shall be selected from the list of acceptable trees and shrubs shown on the Frederick County Master Planting List. B. Bradford pears and all varieties of ornamental flowering pears are prohibited from being used to fulfill planting or substitute planting requirements. Section 165-802.06. Planting Procedure and Maintenance. A. General. (1) All required trees and shrubs shall meet the specifications and procedures established by the American Nursery and Landscape Association. (2) Only single-stem trees shall be planted as street trees. (3) Trees shall not be planted within easements for water, sewer, electric, or gas. (4) At planting, all plants shall be the minimum size provided in Table VIII-4. TableMinimum Size at Planting. PlantMinimum Street Trees for Residential Planting Developments 1.5 inch caliper Maximum of 20 feet from rights-of-way Deciduous Trees 3 feet to the edge of sidewalks,curb, or Evergreen Trees 4 feet in height other pavement Shrubs; Shrubs for parking lot 3-gallon container 36 inches in 4 feet on center screening height Shrubs for buffers 1 18 inches in height I n/a * Unless topography allows a reduction to maintain 36 inches from pavement to top of shrub B. Measurement of Size. (1) Caliper shall be measured as: i. 4-inch caliper and below: six(6)inches above the ground; and ii. Larger than 4-inch caliper: 12 inches above the ground. VIII-4 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (2) Diameter at breast height(dbh) shall be measured at the height of 54 inches from the base of the trunk or as otherwise allowed in the Guide for Plant Appraisal. C. Maintenance. (1) The owner, developer, and/or builder who is responsible for planting required landscaping shall be responsible for maintaining it in a state of good health for one(1)year after planting. (2) After one (1)year, from the date occupancy is approved,the individual property owner and/or homeowner's association shall become responsible for maintenance. D. Guaranty. The Zoning Administrator may require a bond with surety or other acceptable guaranties to insure the completion of required improvements. Such guaranties shall be: (1) In the estimated amount of the required improvements; (2) For a period of completion set by the Zoning Administrator with consultation with the applicant; and (3) Released when the required improvements have been completed. E. Existing Tree Credits. (1) If the intent of this Part is satisfied,including species type and location, existing trees that are preserved may be counted towards the total number of required trees for residential developments. (2) Commercial and industrial developments may utilize existing tree credits when calculating the required number of parking lot trees, as required in Section 165-802.07 of this Article,if the preserved trees are shown on an approved Site Plan and serve the intent of interior and perimeter landscaping. (3) The following table shows the credit given for each preserved tree,based on the tree's caliper: Caliper(inches) Tree Credit 4to6 1 7 to 12 2 13 to 18 3 19to29 4 Greater than 30 5 Section 165-802.07. Parking Lot Landscaping. A. Applicability.All parking lots, except for those listed in B.,below, shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights-of-way,the visual expansiveness of parking lots, and reflected heat. B. Exemptions.The following are exempt from the requirements of this Part: (1) Parking lots with 10 or fewer spaces in the RA district; and VIII-5 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (2) All parking lots in the EM Zoning District. C. General.All plantings used in parking lot landscaping shall comply with the requirements of Sections 165-802.05 and 165-802.06 of this Article. D. Perimeter Landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. (1) One (1)tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. (2) One (1)tree shall be provided for every 5,000 square feet in excess of the first 100,000 square feet of the entire site. (3) The perimeter landscaping trees shall be reasonably dispersed throughout the parking lot. (4) A three (3)foot tall evergreen hedge, fence,berm, or wall shall be provided to prevent headlights from shining on public ROWS and adjoining properties. E. Interior Landscaping.A minimum of 5%of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. (1) No less than one (1)shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. (2) Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. (3) Within the parking lot,raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. (4) The Zoning Administrator may: i. Waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area(SWSA)when curb and gutter is not proposed. ii. Approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots,if it improves the overall quality of the landscape plan. Section 165-802.08. Buffer and Screening Requirements. A. Buffers Established.Distance buffers shall be established in accordance with this Section and may consist of inactive and active buffer areas, as defined in Article XI,Definitions,of this Ordinance. (1) Part of the buffer shall be inactive and part may be active. The inactive portion begins at the adjoining property line, as shown in Figures VIII-1 through VIII-6,below. B. Screening. The purpose of screening is to work with distance buffers to lessen the impact of noise or visual interaction between adjacent activities.There are two (2)levels of screening: landscape screening and full screening. The higher the level of screening provided,the lower the level of distance buffer required. VIII-6 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) Landscape Screening. i. A landscape screen shall consist of a totally landscaped area at least 10 feet in depth. ii. Plantings are encouraged to be spaced appropriately within the inactive buffer. iii. Within the area,there shall be a minimum landscaping density of three (3)plants per 10 linear feet. The buffer shall consist of a combination of 1/3 deciduous trees, 1/3 evergreen trees and 1/3 shrubs. (2) Full Screen.A full screen provides all the elements listed in D.(1), above, and also includes either a: i. Six(6)foot tall, opaque hedge, fence,wall,mound,berm; or ii. An additional two (2)rows of evergreen trees that are six(6)feet tall at time of planting. iii. A 50-foot strip of mature woodlands may be allowed as a full screen, in lieu of the requirements of i. and ii., above. C. Residential Separation Buffers. When different housing types are adjoining within the same development,buffers shall be provided in accordance with Table VIII-6 and Table VIII-7. This shall be in addition to the zoning district buffer types required in F.,below. (1) General. i. Buffers shall be placed between the lot line of the proposed housing type and the lot line of the existing adjoining use or development.When placed on individual lots,the buffer shall be located within a permanent landscape easement and shall be maintained by the property owners' association. ii. When age-restricted multifamily housing adjoins other housing types,the evergreen element of the residential separation buffer shall be planted at a height of six(6)feet. iii. When existing mature woodlands are located within the entire buffer area(total distance if active and inactive buffer), preservation of that woodland will be allowed to substitute for the required plant material. iv. Housing types contained within a mixed-use development as outlined in the Comprehensive Plan,or developments that contain a mixture of housing types but approved with the same MDP, shall not require residential separation buffers between housing types contained within the same development. a. The Zoning Administrator may require residential separation buffers when a MDP is revised and the housing types are modified after construction has already commenced within the development. (2) Waivers, Reductions,and Modifications.The Board of Supervisors may waive,reduce, and/or modify the residential separation buffer requirements(distance or landscaping)if i. The topography of the lot providing the buffer yard and the lot being protected is such that the required buffer yard would not be effective; or VIII-7 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE ii. Utility conflicts preclude the installation of the buffer and would result in unnecessary or otherwise unreasonable hardship to the developer. i � , 1 ' C . p WON, 1 2 3 4 5 1 Single- il detached A B B 2 Single-family zero lot line or small lot A B B 3 Townhouse A A B B 4 Garden apartment or multifamily buildings C C B A 5 Age-restricted multifamily C C C Table V111-7.Residential SeDaration Distance Inactive Active Total Type Screen Type (Minimum) (Maximum) (feet) Full screen 15 10 25 A Landscape screen 30 20 50 No screen 75 25 100 Full screen 30 20 50 B Landscape screen 45 30 75 No screen 75 25 100 Full screen 75 25 100 C Landscape screen 100 50 150 No screen 150 50 200 Figure VIII-1.Example Residential Separation Buffer—Type A,No Screen. FM >i+ hL 100' C Si+Ole-fmvnily ©14nctive develbpvneot CProposed f��; -YbWhVlbch58 �/T&ml develbpimeot VIII-8 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure V111-2.Example Residential Separation Buffer—Type A,Landscape Screen. � r - V " g - lam, 5D' Note:Depicts time ofplanting, notfull maturity Figure VHI-3.Example Residential Separation Buffer—Type A,Full Screen. � c � r r /--15' C- 10, Note:Depicts time ofplanting, notfull maturity. VIII-9 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure VIII-4.Example Residential Separation Buffer—Type B, Full Screen. c I e F G �1 D' Note:Depicts time ofplanting, notfull maturity. Figure VIII-5. Example Residential Separation Buffer—Type C,Full Screen. fl F3 {t U X1Q>J -75 25 Note:Depicts time ofplanting, notfull maturity. VIII-10 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE D. Zoning District Buffers. When land to be developed adjoins land in different zoning districts, buffers shall be provided in accordance with Table VIII-8 and Table VIII-9. • Districts • RA RP R4 R5 N B1 132 133 TM MI M2 EM MS RP,R4, R5 A A A A A A A A NMI C C C B B B B B A A C B1 B B B B B A A A A A B 132 B B B B B A A A A B B3 C C C C C B C TM,M1 C C C C C B B C M2, EM C C C C C B B B B B C MS As required in D.2., below Roads and Railways State road with a designated functional classification of interstate, arterial or collector n/a B 1,132,133, Railroad right-of-way with property zoned B 1, 132, 133,TM,MI or M2 on the opposite side TM,M1,M2 n/a Railroad right-of-way with property zoned residential on the opposite side As above* *The width o the railroad right-of-w mav be counted towards th ing district buffer distance • A No screen 25 25 50 Full screen 25 25 50 B Landscape screen 75 25 100 No screen 150 50 200 Full screen 75 25 100 C Landscape screen 150 50 200 No screen 350 50 400 VIII-I I CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure VIII-6.Example Zoning District Buffer—Type A, No Screen. �'Frc��osec� olevelopvnev�-t O{fictive C��vlactiVe Ar 3oivligq property Nc -- Note:Depicts time ofplanting, notfull maturity. Figure VIII-7.Example Zoning District Buffer—Type B, Full Screen. ®Proposed develop uNewt �{ctiVe ��J WI'n�iw��nvh 1D' L�v�dscape Egsesme��t ZvIGI*1ve O /}djoiljjoc property[Ile O Total O (�'-T'gll Fe��ce f j Note:Depicts time ofplanting, notfull maturity. VIII-12 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure VHI-8.Example Zoning District Buffer—Type B,Landscape Screen. 7ro�,05ed develb�, Meo+ {ic rive c�Yv�ac-rive Q-Total OMu iivwvn 1o' Lawdscape Easemcq Q�d�oiwiih properi-y hoe Note:Depicts time ofplanting, notfull maturity. Figure VHI-9.Example Zoning District Buffer—Type B,No Screen. Proposed deVeloplme0t ®�ctiVe 0 Ihac�-ive (J Total O Ad3ommq T'roper-t-i We - r Cb VIII-13 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure VIII-10.Example Zoning District Buffer—Type C,Full Screen. Proposet�level opV�ewt ®{lctive O Mwinmm 10'La+ikcape Eascwovit 0��octive Q -Njoivi4io grope+4 live Total �'Talle ce A =� - Note:Depicts time ofplanting, notfull maturity. Figure VIII-11.Example Zoning District Buffer—Type C,Landscape Screen. ® PrbT bSad de'vo6pvV10 1+ ®Ar,-f!VCi O W1iv�itM�wl 1D' Lavidsca e �asetm�v t �C �vlac-f•ivedjaiv�i+�r� r��er�� ii�1e To hal look - __- --_ Note:Depicts time ofplanting, notfull maturity. VIII-14 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure VHI-12.Example Zoning District Buffer—Type C,No Screen. ' -Fropv5ed develv�I "-t Active Iv�ac�-iVe 0 7vi-al � r? (1) HE District. i. For the HE district,the Zoning Administrator may require buffers on lots which abut land in any residential district or land in other zoning districts which are predominantly residential in nature. The size and content of the buffers shall be based on the amount of separation needed. ii. The Zoning Administrator may require landscaped screens or full landscaping to separate uses in this district from adjoining residential uses and to achieve the intentions of this Part. (2) MS District. The following shall apply to all master development planned area that is to be developed: i. A 50-foot perimeter buffer shall be required along adjoining parcels. a. The first 25 feet of this buffer area, as measured from the adjoining property line, shall provide vegetative plantings,including a single row of evergreen trees on 10- foot centers that are a minimum of four(4)feet at the time of planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two (2)-inch caliper at the time of planting. b. An earth berm that is four(4)feet in height and constructed on a slope of 3:1 shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. VIII-15 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE c. Parking and maneuvering areas may be established within the remainder of the buffer area,provided that all requirements of Section 165-802.07 regarding parking lot landscaping, are met. ii. A 50-foot internal separation buffer shall be required between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in Section 165-802.08 D.(2)1. in. An internal 25-foot residential separation buffer shall be required between detached, semidetached, and all other related residential land uses. a. Such buffer shall contain a single row of evergreen trees on 10-foot centers that area minimum of four(4)feet at the time of planting. iv. A I00-foot buffer shall be required adjacent to any RA-zoned parcel whose primary use is utilized for agricultural activities, excluding orchards and residential uses. a. A 20-foot landscaped easement,measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on 10-foot centers that are a minimum of four(4)feet at the time of planting and an earth berm that is three (3) feet in height and constructed on a slope of 3:1. b. Parking and maneuvering areas may be established within the remainder of the buffer area,provided that all requirements of Section 165-802.07 are met. V. A 200-foot buffer shall be provided adjacent to any parcel whose primary use is orchard. a. A 40-foot landscaped easement,measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on 10-foot centers that are a minimum of four(4) feet at the time of planting and an earth berm that is six(6) feet in height and constructed on a slope of 3:1. b. Parking and maneuvering areas may be established within the remainder of the buffer area,provided that all requirements of Section 165-802.07 are met. vi. A road efficiency buffer meeting the requirements of G. of this Section,below, shall be provided for all related residential land uses as permitted in Article VI,Use Matrix,of this Ordinance. vii. Continuing-care retirement communities shall be exempt from internal separation and internal residential separation buffers. (3) Exceptions for R4 and R5 Zoning Districts. i. R4. a. Buffers and screening, including road efficiency buffers, shall be provided in accordance with this Part between various uses and housing types as if the uses were located in the RP,B 1,B2,or M I Zoning District according to the uses allowed in those districts. VIII-16 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE b. In addition, along the perimeter boundary of the R4 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,B 1,B2, and M1 Zoning Districts. c. An alternative plan for buffers and screening between uses may be included with the MDP for the development.This plan shall describe a specific system of buffers, screening, and use separation for all planned uses in the development. (i). When these dimensional requirements are approved,they shall constitute enforceable amendments to this Ordinance 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. (ii).An alternative plan shall only be approved if the plan meets all of the intentions of this Ordinance and conforms to policies set forth in the Comprehensive Plan. (III). Buffer and screening requirements for the perimeter boundary of the planned community shall not be included in the alternative buffer and screening plans. ii. R5. a. Buffers and screening, including road efficiency buffers, shall be provided in accordance with this Part, between various uses and housing types as if the uses were located in the RP,B 1, or B2 Zoning District according to the uses allowed in those districts. b. In addition, along the perimeter boundary of the R5 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,B 1, and B2 Zoning Districts. c. The Board of Supervisors may allow alternative methods for achieving buffer and screening requirements and may waive the interior residential screening and road efficiency buffer requirements in age-restricted communities. (4) General Reductions. i. Land proposed to be developed in the B3,TM,M1,or M2 Zoning Districts may be permitted to have a reduced buffer distance that is consistent with the required side or rear building setback line,provided that the following requirements are met: a. The property to be developed with a reduced buffer distance is part of an approved master planned industrial park. b. There are no primary or accessory uses within the reduced buffer distance area, including driveways, access drives,outdoor storage areas,parking areas, staging areas, loading areas and outdoor dumpster areas. (1). All-weather surface fire lanes necessary to meet the requirements of Chapter 90, Fire Prevention, of the County Code, shall be exempt from this requirement. VIII-17 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE c. A full screen is created within the reduced buffer distance area. Such screen shall be comprised of a: (1). Continuous earth berm that is six(6)feet higher in elevation than the highest elevation within the reduced buffer distance area; and (ii).A double row of evergreen trees that are a minimum of six(6)feet tall and planted a maximum of eight(8)feet from center to center. ii. Proposed developments required to provide buffers and screening as determined by Table VIII-9 may be permitted to establish a common shared buffer and screening easement with the adjoining property. a. The common shared buffer and screening easement shall include all components of a full screen,which shall be clearly indicated on a Site Plan. b. The required buffer distance may be reduced by 50%for a common shared buffer and screening easement if existing vegetation achieves the functions of a full screen. c. A legal agreement signed by all appropriate property owners shall be provided to the Department of Planning and Development and shall describe the location of the required buffer within each property,the number and type of the plantings to be provided and include a statement regarding the maintenance responsibility for this easement. (5) Zoning Administrator Waivers, Reductions,and Modifications. The Zoning Administrator may: i. Waive any or all of the requirements for the zoning district buffers on a particular Site Plan when all uses shown are allowed in the zoning district in which the development is occurring and in the adjoining zoning districts. ii. Waive, reduce and/or modify buffer yard requirements(distance and landscaping)if the topography of both the lot providing the buffer yard and the lot being protected is such that the required yard would not be effective. iii. Modify the buffer yard requirements to maintain highway sight distances. iv. Allow for a reduction of the distance buffer and the relocation of the screening requirements when a flex-tech development is split by a zoning district line,provided that all of the following conditions are met: a. The zoning district boundary line for which the modification is requested is internal to the land contained within the MDP. b. The required landscape screen is relocated to the perimeter of the flex-tech development. This relocated landscape screen shall contain the same plantings that would have been required had the screen been placed along the zoning district boundary line. V. Allow chain-link fence with slats to satisfy the opaque fence requirements for zoning district buffers between land primarily used for residential purposes and land located in VIII-18 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE the B 1 or B2 Districts with the consent of the adjacent(affected)property owners, provided all chain-link fencing with slats complies with the requirements of Section 165- 808.02.B. of this Ordinance. (6) Board of Supervisors Waivers. The Board of Supervisors may grant a waiver: i. To reduce the required buffer distance requirements between land primarily used for residential purposes and the B 1 and B2 Districts with the consent of the adjacent (affected)property owners. Should a waiver be granted by the Board of Supervisors,the distance requirements of Table VIII-8 may be reduced,provided that the full screening requirements of this Section are met. ii. That modifies or eliminates a required zoning district buffer between land being developed in the B 1,B2,B3,TM,M1, or M2 Districts that is adjacent to land primarily used for residential purposes in the RA District,provided that: a. The adjoining land is designated in the adopted Comprehensive Plan for a use which would not require a buffer between the land under site plan and the adjoining property; and b. The owner of the adjoining RA property provides written and notarized consent to the waiver of the required buffer. E. Road Efficiency Buffers. (1) Intent. Road efficiency buffers are intended to provide protection for residential structures from any street classified as a collector road or higher while still providing an attractive view of the residential neighborhoods from major roadways. It is not the intent of these regulations to provide uniform linear strips of completely opaque screening but to provide an attractive view of residential neighborhoods from major streets and ensure adequate buffering for the residential neighborhood from the street. (2) General.All residential structures shall be separated from interstate, limited access,primary, major arterial,minor arterial,or major collector roads,as designated by VDOT or the Frederick County Comprehensive Plan, in accordance with Table VIII-10,below. i. All road efficiency buffers shall begin at the edge of the road ROW,with the inactive portion abutting the road ROW. ii. All road efficiency buffers shall contain landscaping evergreen trees intended to reach a minimum height of 20 feet at maturity. iii. Maintenance of the road efficiency buffer shall be in accordance with Section 165-802.06 (C). iv. Access roads serving as the primary means of vehicular travel to residential subdivisions are permitted to traverse road efficiency buffers. (3) Inactive Portion. i. All required elements of the full-distance buffer or the reduced-distance buffer shall be located within the inactive portion of the road efficiency buffer. VIII-19 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE ii. The inactive portion of the road efficiency buffer is permitted to count towards the required open space, in accordance with Part 805 of this Article; however,no portion of a residential lot shall be located within the inactive portion of the road efficiency buffer. (4) Active Portion. i. The active portion of the road efficiency buffer may be permitted to be located within a residential lot,provided that the primary structure is not located within the buffer area. ii. Accessory structures may be located within the active portion of the road efficiency buffer,provided that the structures meet all applicable setback requirements. mum Road i CAk Inactive ' • • Classification Screen Type Full-Distance Landscape 50 50 100 Interstate/Arterial Bu er screen /Limited Access Reduced-Distance Full screen 40 40 80 Buffer Full-Distance Landscape 40 80 Major Collector Bu er screen 40 Reduced-Distance Full screen 10 50 Buffer VIII-20 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Figure VIII-13.Example Road Efficiency Buffer—Full Distance. Iviterstate/{Arterial/Llvnited¢cress road {Access road o Iviactive fictive O Total r� G Note:Depicts time ofplanting, tiotfiill maturih� Figure VHI-14.Example Road Efficiency Buffer—Reduced Distance. JIviters+ate l{Arterial/Limited{Access road QAccess road IhactiVe �{Art iVe Total — Fevice Note:Depicts time ofplanting, notfilll maturity. VIII-21 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (5) Waivers and Modifications. i. The Zoning Administrator may: a. Allow alternative landscaping near entrance drives to ensure safe sight distances; or b. Waive,reduce and/or modify the road efficiency buffer yard requirements if the topography of the lot providing the buffer yard and the lot being protected is such that the required buffer yard would not be effective. ii. When existing mature woodland is located within the entire buffer area and meets the requirements of this Section,preservation of that woodland will be allowed to substitute for the required plant material and the opaque screening. Part 803. Environmental Protection. Section 165-803.01. Purpose and Intent. In order to protect those areas of a parcel which have environmental characteristics that make them unsuitable for development,certain portions of a development shall remain undisturbed or be protected. It is the intention of this Part that the disturbance of such areas by the development process be limited. It is also the intention of this Part that large portions of the areas with such environmental characteristics be placed in open space, environmental easements, the portion of the parcel left undivided or other areas where they will remain undisturbed.It is intended that the environmental conditions on a property be reviewed as the first step in the planning process before lots or dwellings are located. Section 165-803.02. Applicability. The requirements of this Part shall apply to land in all zoning districts except EM, Extractive Manufacturing. Section 165-803.03. General Requirements. A. All developments which require a rezoning,MDP, subdivision design plan, Site Plan,or Preliminary Sketch Plan shall preserve the following environmental features as described: (1) Floodplains. Disturbance of floodplains is only permitted in accordance with the requirements of Article V,Part 503, of this Ordinance. (2) Lakes and Ponds. Lakes,ponds, and impoundments shall remain undisturbed.The Zoning Administrator may allow the removal of a lake,pond,or impoundment if it serves no useful retention, environmental,or recreational purposes. (3) Riparian Buffers. i. Riparian buffers shall be areas of trees, shrubs,or other vegetation that permits inundation by water and at least 35 feet in width,measured outward from both sides of a natural waterway beginning along the slope of the ground from the channel scar line. ii. A riparian buffer is managed to maintain the integrity of stream channels and reduce the effect of upland sources of pollution by trapping, filtering, and converting sediments, nutrients, and other chemicals. VIII-22 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (4) Disturbance of Wetlands, Natural Waterways, and Riparian Buffers. i. Disturbance of wetlands is only permitted in accordance with the requirements of the United States Army Corps of Engineers or other qualified state or federal agency. ii. The disturbance of natural waterways and riparian buffers is prohibited,except when necessary for, and only in conformance with Article V,Overlay Districts,of this Ordinance,the following: a. Public or private utilities; b. Public facilities,access to a property or roads (only perpendicular riparian buffer crossings shall be permitted); c. Riparian buffer restoration or enhancement projects; d. Creation of wetlands; e. Pedestrian,recreational and/or bicycle trails; and f The Zoning Administrator may allow for the disturbance of riparian buffers for the creation of park areas or for stormwater management purposes. (5) Sinkholes.No disturbance of sinkholes is allowed other than filling with nonpolluting natural materials that will not contribute to groundwater pollution. (6) Natural Stormwater Retention Areas.No more than 10% of natural stormwater retention areas on a site shall be disturbed.Natural stormwater retention areas may be replaced with the approval of the Zoning Administrator by artificial stormwater facilities if the total storage capacity of the site, as well as within each drainageway, is maintained.Natural stormwater retention areas which are floodplains,wetlands,lakes or ponds shall not be disturbed or replaced. (7) Steep Slopes.No more than 35%of steep slopes, as defined by this Ordinance, shall be disturbed or regraded. The Zoning Administrator,through a written request made at time of Site Plan or subdivision design plan,may allow the disturbance of additional small areas where that disturbance will not significantly denigrate the overall environmental quality of the site. B. In residential developments,the areas of undisturbed environmental features described in A., above, shall be located in areas of open space. However,the Zoning Administrator may allow undisturbed areas to be included in the required setback and yard areas on residential lots when the extent,location, and disturbance of environmental areas make it impractical to place the undisturbed areas in common open space. (1) In such circumstances, environmental easements, deeds of dedication, final subdivision plats, or other legal instruments approved by the Zoning Administrator shall be required to specify the restrictions to be placed on the environmental areas. C. In rural preservation subdivisions,the environmental features described in(A), above, along with agricultural or locally significant soils, shall be placed within the 40%-parcel,without undue VIII-23 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE detriment to other principles of quality subdivision design or significant loss of density, as determined by the Zoning Administrator. D. In commercial and industrial developments,the areas of undisturbed environmental features described in (A), above, shall be located in areas of open space, environmental easements,deeds of dedication,final subdivision plats,or other legal instruments approved by the Zoning Administrator which specify the restrictions to be placed on the environmental areas. Part 804. Off-Street Parking, Loading, and Access. Section 165-804.01. Purpose. This Part is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street ROWS does not interfere with traffic. Section 165-804.02. Applicability. A. Off-street parking shall be provided on every lot or parcel when: (1) Any new structure or use is established; (2) There is a change to a use which has a greater parking requirement than the previous use; or (3) An existing structure and/or use is expanded or enlarged. Section 165-804.03. Prohibited. A. General. (1) Within the RP,R5, and MH1 Zoning Districts,or any residential portion of an R4 or MS District,the parking of the following types of vehicles shall be prohibited: i. Tractor truck or tractor truck trailer,or semitrailer; ii. Garbage,refuse or recycling trucks; iii. Towing and recovery vehicles; iv. Cement trucks; V. Construction equipment(as defined); vi. Buses; vii. Dump trucks; viii. Trucks greater than 25 feet long; ix. Any vehicle with three (3)or more axles; and X. Any commercial vehicle. (2) The provisions of this Section shall not apply to: i. Any commercial vehicle when taking on or discharging passengers or when temporarily parked pursuant to the performance of work or service at a particular location;or VIII-24 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE ii. Any commercial vehicles specifically permitted as part of a home or cottage occupation. B. Construction Equipment. Construction equipment and construction-related vehicles shall not be parked or stored in any residential community, or residential portion of a planned community, except during the tenure of construction, and only when being used for construction purposes on or proximate to the lot where parked or stored.Valid building and/or site development permits and continuous pursuit of completion of the permitted construction or development shall be required to demonstrate the existence of bona fide construction activity. Section 165-804.04. Reduced and/or Shared Parking. A. Reduced Parking. (1) General. The Zoning Administrator may approve a reduction in required parking spaces in accordance with this Section.Applications for such a reduction shall be submitted to the Zoning Administrator in conjunction with a Site Plan and include the following: i. A parking demand analysis which substantiates the basis for a reduced number of parking spaces; ii. A plan showing how the parking spaces will be provided on the site; and in. An executed covenant guaranteeing that the owner will provide the additional spaces otherwise required, after thorough investigation by the Zoning Administrator of the actual utilization of parking spaces at the building or complex, if the Zoning Administrator decides that the approved reduction be modified or revoked. Said covenant shall be: a. Executed by the owner of said lot or parcel of land and the parties having beneficial use thereof, b. Enforceable by the owner, the parties having beneficial use, and their heirs, successors and assigns, or both; c. Enforceable against the owner,the parties having beneficial use, and their heirs, successors and assigns, or both: and d. Recorded in the office of the Clerk of the Circuit Court. (2) Captive Market. Parking requirements for retail and restaurant uses may be reduced where the Zoning Administrator determines that some portion of the patronage of these businesses comes from other uses(i.e.,employees of area offices patronizing restaurants)located within the same building or a maximum walking distance of 400 feet. (3) Parking for Mixed Uses and Loading Facilities. In the case of mixed principal uses or two (2)or more buildings upon a single lot or unified parcel or upon contiguous parcels, the total requirements for parking and loading facilities shall be the sum of the requirements of the various uses computed separately. i. However, cumulative parking requirements for mixed-use occupancies may be reduced where the Zoning Administrator determines that the peak requirement of the several occupancies occurs at different times(either daily or seasonally), and the parking demand can be provided on the premises. VIII-25 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE B. Off-Site Parking.Required parking spaces may be located on a lot other than the lot containing the use under the following circumstances: (1) Parking for a use on a lot may be located on an abutting lot if the zoning of the abutting lot is the same as the lot containing the use.When shared parking is provided on abutting lots,the following shall apply: i. The total spaces provided shall equal the sum of the number required for each use sharing the parking; ii. Means of pedestrian access shall be provided between each use sharing the parking and the parking area; and iii. A lease,easement,or other form of agreement shall be executed among the property owners sharing the parking assuring the use of the required parking spaces and assuring proper maintenance of the parking area. Said agreement shall be submitted to the Zoning Administrator for review and approval. Section 165-804.05. Parking Requirements. A. Except as otherwise provided in this Ordinance,when any building or structure is hereafter erected or structurally altered, or any building or structure hereafter erected is converted,off- street parking space(s) shall be provided according to the requirements for individual uses in Table VIII-11,below. B. Required parking spaces shall be provided with each allowed use, on the lot or within the development containing the use,unless reduced or shared parking occurs,in accordance with Section 165-804.04 of this Article. C. When a use is not specifically listed in Table VIII-11,the Zoning Administrator shall determine which of the above categories to use to determine the spaces required,based on similarities between the characteristics of the uses and may use information provided by the applicant or other sources of information to determine the number of spaces required. D. When the calculation of parking spaces results in a fraction of 0.5 or greater,the next greatest whole number shall be used. E. When the required spaces are based on a number of employees, students, seats or other factors that can vary over time,the spaces required shall be based on the maximum number of employees, students, and attendees normally present at any one (1)time. F. Parking spaces based on floor area shall be determined based on the gross total floor area devoted to each separate use on the site. VIII-26 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Table V111-11. Minimum • Use Required • ' Parking Spaces Residential Uses Age-restricted multifamily housing 1.5 per unit Nursing homes,personal care, adult care I per 4 beds,plus I per employee on primary shift residences and assisted living care facilities Rooming houses,boardinghouses,tourist homes 2 per single-family dwelling,plus 1 per guest and bed-and-breakfasts room Single-family dwellings,manufactured homes, 2 per unit multiplexes, garden apartments,multi-family residential Townhouse dwellings 2.5 per unit Public/Civic/Recreational Uses Campgrounds 1 per campsite Churches and places of worship 1 for each 3 seats Colleges and universities No fewer than 1 per faculty and staff member and other full-time employees,plus I for every 10 students for maximum capacity at any one (1) time Commercial cemeteries 25 minimum Fraternal lodges,civic clubs and social centers I per 250 square feet of floor area, assembly area or recreation area Indoor recreation 1 per 200 square feet of floor area Libraries,museums or galleries 1 per 400 square feet of floor area; 10 minimum Schools,elementary or middle/intermediate No fewer than I per faculty and staff member and other full-time employee,plus a minimum of 4 for visitors Schools,high No fewer than 1 per faculty and staff member and other full-time employees;minimum of 4 for visitors; I for each 10 students over driving age; I for each 4 seats for stadiums and/or auditoriums Commercial Uses Automobile service and service stations 2 per service bay plus required spaces for retail or office areas Day care 1 per 5 children plus 1 per employee Fast-food or drive-in restaurants 1.4 per 100 square feet of seating floor area Flea markets I per 400 square feet of enclosed floor area,plus I per 3,000 square feet of outdoor display area Funeral homes 1 per 4 seats; 30 minimum Furniture and carpet stores; retail nurseries;farm 1 per 400 square feet of enclosed floor area,plus I equipment and feed sales;boat,mobile home and per 3,000 square feet of out-side display area,plus motor vehicle sales 2 per service bay General offices 1 per 250 square feet of office floor area Hospitals 1.8 per bed Medical,dental,veterinarian offices and clinics 1 per 250 square feet of office area Motels,hotels and lodges I per room,plus appropriate spaces for restaurants and meeting rooms Movie theaters 1 per 4 seats Restaurants 1 per 100 square feet of seating floor area VIII-27 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Table VIII-11. Minimum • ' Use Required • ' Parking Spaces Retail and personal services 1 per 200 square feet of retail floor area Industrial Uses Mining uses 3 per 4 employees Self-service storage facilities 3 at the office,plus 1 per employee Wholesaling,warehouses,truck terminals and 1.5 per employee,plus any required spaces for construction storage,manufacturing and other office or similar use,plus 1 for each company industrial uses vehicle and equipment stored outdoors Section 165-804.06. Parking Design Standards. A. Location. In circumstances when no customer or public entrance or access is located at the side or rear of a structure,no more than 5% of the required spaces shall be located in the rear of buildings for commercial uses such as,but not limited to, shopping centers,restaurants,office or other retail uses. B. Applicability. The provisions of C.through N.,below, shall apply to all parking spaces: (1) Shared by more than one (1)dwelling or use; or (2) Required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district. C. Low-Impact Development.Low-impact development techniques are encouraged by the County and should be incorporated into the design of individual developments when deemed appropriate by the applicant after consultation with County staff. Low-impact design options such as rain gardens may be used to satisfy the greenspace requirements for parking areas, such as landscaped islands and minimum landscaped area. D. Surfacing. In all districts except the EM,Extractive Manufacturing District,parking lots shall be paved with concrete,bituminous concrete or similar materials. Such surface materials shall provide a durable,dust- and gravel-free,hard surface. (1) Alternative Materials. i. Parcels Outside the SWSA. The Zoning Administrator may allow for the use of other hard-surface materials for parcels located outside of the SWSA if the Site Plan provides effective stormwater management and efficient maintenance. In such cases,parking lots shall be paved with a minimum of double prime-and-seal treatment or an equivalent surface. ii. Parcels Within the SWSA The Zoning Administrator may approve alternative surface materials for parking lots for parcels located inside of the SWSA when necessary to implement low-impact development design and where approved by the Director of Public Works; such materials may include but are not limited to permeable paving systems. (2) Grass and Gravel. In the RA District,parking lots with 10 or fewer spaces shall be permitted to utilize gravel surfaces. VIII-28 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (3) Reinforced Grass. Reinforced grass systems or other suitable materials may be used for overflow parking areas and low-volume accessways for agricultural uses in the RA District and all uses in all other zoning districts. i. Parking areas utilizing these materials shall have defined travel aisles and designated parking bays. ii. These materials shall only be utilized with approval of the Zoning Administrator and the Director of Public Works. E. Space Demarcation. (1) Single-family Attached and Multifamily Developments. Required off-street parking spaces shall be demarcated by four-inch durable white lines painted on the pavement or curb.Any other proposed color and size will require approval of the Zoning Administrator. (2) Commercial, Office, and Industrial Developments.Full delineation by four-inch-wide lines painted on the pavement the full width of or length of the parking stall or parking spaces shall be required. (3) Other. Where paved parking areas are not required, delineation of parking spaces shall be by the use of individual wheel stops or other acceptable means for each unpaved parking space. Signs and pavement markings shall be utilized, as necessary,to ensure safe traffic movement and pedestrian access and to designate handicapped parking spaces. F. Curbs and Gutters. (1) Concrete curbing and gutters shall be installed around the perimeter of all parking lots.All curbing shall be a minimum of six(6)inches in height. (2) When stormwater drains away from the curb,gutter pans shall not be required for parking areas that abut buildings when sidewalks with turndown curbing are used. (3) All parking lots shall comply with the requirements of Chapter 143, Stormwater/Erosion and Sediment Control,of the County Code. (4) In the B3,TM,M1, and M2 Districts,the use of header curb shall be permitted in areas where the use of gutters is not necessary for stormwater management purposes. (5) The Zoning Administrator may allow for the use of concrete bumpers instead of curbing for parcels located outside of the SWSA if the Site Plan provides for effective stormwater management and efficient maintenance. (6) The Zoning Administrator may allow for the elimination of curb and gutter for parcels located inside of the SWSA when necessary to implement low- impact development design. This shall only be permitted where practices such as bioretention,infiltration trenches, and rain gardens are used and only where it can be demonstrated that soil conditions are favorable, or if an adequate underdrain is included in the design and only when approved by the Director of Public Works. G. Setbacks.All parking lots,loading spaces and travelways, except for single-family detached and manufactured home residential uses, shall be set back as follows: VIII-29 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) At least 10 feet from any street or road ROW. (2) At least five(5)feet from all other property lines,except in cases where more than one(1)lot shares the parking lot. (3) In the M1 and M2 Districts,parking lots shall be located no closer than 10 feet to any minor or local street or road ROW and no closer than 25 feet to any collector or arterial street or road ROW. H. Handicapped Spaces. Handicapped parking and building or sidewalk accessibility shall be provided in any parking lot in accordance with the current edition of the Virginia Uniform Statewide Building Code (USBC). I. Entrance Requirements. (1) In no case shall a parking lot be approved which requires that vehicles back from parking spaces onto public roads. (2) All parking lots shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and VDOT. (3) The width of driveways serving the parking lot shall be a minimum of- 1. 20 feet for two-way traffic and fire lanes; and ii. 12 feet for one-way traffic. J. Parking Space Size and Aisle Requirements. (1) All parking spaces and aisles shall be provided in accordance with Table VIII-12. i. All parking spaces shall be a minimum of 180 sq. ft. in size. (2) For other angles,the aisle width shall be the same as for the nearest angle in the above table. VIII-30 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE li Angle of Parking Width of Stall Depth of Stall Width of Aisle (degrees) (feet) (feet) (feet) One-w Two-wa 9 20 20 30 10 18 12 22 General 9 20 20 45 10 18 15 22 60 9 20 18 20 10 18 22 9 20 22 90 10 18 22 24 Direction of Width of Stall Depth of Stall Width of Aisle Traffic (feet) (feet) (feco One-way aisle 12.0 Parallel (one-side parking) Parking One-way aisle 9.0 22.0 15.0 two-sideparking) Two-way aisle two-sideparking) 22.0 K. Obstructions and Structures. (1) Parking lots shall be designed to permit each vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle. (2) Utility poles, light standards,trash containers and similar structures shall not be permitted within any aisle or parking space. (3) Any structure located in a parking lot shall be surrounded on all sides abutting spaces or aisles by a six-inch concrete curb. The structure shall be separated from the curb by a distance of three (3)feet. L. Drive-in Lanes. (1) Drive-in lanes shall be required for all drive-in or pickup facilities. Drive-in lanes shall be designed to provide for a minimum width of nine (9)feet and a minimum stacking distance of 90 feet. (2) Canopy supports and raised concrete pads designed to support pneumatic tubes, automatic teller machines and other structures shall not be located within the area required for minimum drive-in lane widths. (3) All drive-in lanes shall be clearly separated from parking spaces,travel aisles,maneuvering areas and driveways. (4) The Zoning Administrator may reduce the minimum stacking distance of drive-in lanes for retail uses with less than 150 square feet of floor area if it can be demonstrated that the vehicular frequency for the use does not warrant multiple vehicle stacking. VIII-31 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE M. Pedestrian Access. Sidewalks shall be provided as necessary within parking lots to protect pedestrians and promote the safe and efficient movement of pedestrians and vehicles. In large parking lots,pedestrian routes shall be marked by durable painted stripes and appropriate signs. N. Raised Islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway in all districts except the EM district.See Figure VIII-9. (1) The raised islands shall be bordered by a six-inch concrete or rolled asphalt curb. (2) All islands shall be at least nine (9)feet wide and shall extend the length of the parking space or bay. (3) The islands shall be landscaped with grass, shrubs, or other vegetative materials,in accordance with Part 802 of this Article. (4) The Zoning Administrator may waive or modify requirements for raised islands for parcels located outside of the SWSA when: i. Curb and gutter is not proposed;or ii. Necessary to implement low-impact development design and where approved by the Director of Public Works. Figure VIII-15.Example Parking Lot. `F3 SVwdo Tree, C �C wised Is�av�� VIII-32 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-804.07. Loading Areas. A. Applicability. Off-street loading spaces shall be required for the loading and unloading of trucks and vans in association with business and industrial uses,in accordance with Table VIII-13, below. B. Loading Area Requirements. (1) When a use is not specifically provided in Table VIII-13,the Zoning Administrator shall determine which of the categories to use to determine the spaces required,based on similarities between the characteristics of the uses and may use information provided by the applicant or other sources of information to determine the number of spaces required. (2) In cases where one (1)or more uses share the same loading area,the loading spaces required shall equal the sum of the spaces required for the various uses. i Minimum Required Loading LoadingUses p. Required Food stores,restaurants and taverns I for first 101000 square feet of floor area plus I for each additional 30,000 square feet Hotels and motels, lodges,clubs,fraternal I for each 20,000 square feet of floor area organizations and indoor recreation Manufacturing,wholesale,trucking, 1 for each 40,000 square feet of floor area construction and industrial uses 1 for structures between 30,000 and 100,000 Office buildings square feet; I for each additional 100,000 square feet Retail and personal services 1 for first 10,000 square of floor area plus 1 for each additional 30,000 square feet Schools,hospitals and nursing homes I for each structure with more than 100,000 square feet of floor area C. Design Standards. (1) Dimensions. Each required loading space shall be 12 feet wide and 45 feet long,with a vertical clearance of 14 feet. (2) Obstructions and Structures. Loading spaces shall be designed to permit loading and unloading without requiring the moving of any parked motor vehicle.Utility poles, light standards,trash containers and similar structures shall not be permitted within loading spaces. (3) Access. In no case shall a loading space be approved which requires that a vehicle enter or back directly from loading spaces onto public roads.All loading spaces shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and the VDOT. (4) Surface Materials and Curb and Gutter. Loading areas shall meet the surface material and curb and gutter requirements for one (1)of the following categories: VIII-33 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE i. Separated from Parking Lots. Loading areas that are separated from parking lots shall be paved with concrete,bituminous concrete, or similar materials. Curb and gutter shall not be required when loading areas are separated from parking lots. ii. With parking lots. Loading areas that are part of parking lots shall be paved with concrete,bituminous concrete, or similar materials. Curb and gutter shall be required for all loading areas that are part of parking lots when curb and gutter is required for the parking lot. iii. Two (2) or Fewer Loading Spaces. Loading areas may have a gravel surface if two(2) or less loading spaces are required, and if the loading area is separate from the parking lot. Curb and gutter shall be required for loading areas with two(2)or less loading spaces when the loading area is part of the parking lot, and when curb and gutter is required for the parking lot. iv. Stormwater Management and Erosion Control Plans. The Zoning Administrator may require curb and gutter and different surface materials for loading areas when necessary to implement a stormwater management plan or an erosion control plan,in accordance with Chapter 143, Stormwater/Erosion and Sediment Control,of the Frederick County Code. Part 805. Open Space. Section 165-805.01. Applicability. A. General.All new development within the following zoning districts in the County shall comply with the standards in this Part: (1) RP,Residential Performance District; (2) R4,Residential Planned Community District; (3) R5,Residential Recreation Community District; (4) MH1,Manufactured Home Community District; and (5) MS,Medical Support District. Section 165-805.02. Amount of Open Space Required. A minimum percentage of the gross area of any proposed development shall be designated as common open space, in accordance with Table VIII-14. This open space shall be for purposes of environmental protection and for the common use of residents of the development. VIII-34 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE quired Open Space Zoning Type of Development Minimum Required Open District Space Only single-family detached rural traditional housing 0% Only single-family traditional or detached urban housing 15% A minimum of 60% of the dwellings are single-family detached traditional housing mixed with any other housing 20% RP types Only single-family detached cluster or a mixture of single- 25% family detached cluster and urban housing Single-family small lot housing 30% All other residential developments 30% Nonresidential uses(minimum landscaped area) 15% R4 Any development 30% R5 Any development 35% Any development,with private streets 45% Whichever is greater: MH1 Any manufactured home park or subdivision 15%or 4,000 sq. ft.,with a minimum of 50 sq. ft. per dwelling unit Any master-planned MS District that is to be developed as one 20% (1)parcel. MS Any MS District with individual parcels that are subdivided 25% for support services Any MS District with individual parcels that are subdivided 30% for related residential land uses. Section 165-805.03. Development Standards. A. Limitations.Within RP,R4, and R5 Districts,no more than 50% of the required open space shall be within the following environmental areas: (1) Lakes and ponds; (2) Floodplains; (3) Wetlands; or (4) Steep slopes. B. Landscaping.All open space areas in all districts shall be landscaped to provide grass cover and vegetative elements. Section 165-805.04. Waivers and Reductions. A. Steep Slopes.Where the developer can demonstrate a viable plan to make steep slope areas useful, a larger amount of steep slopes may be utilized. B. RP District Waivers and Reductions. VIII-35 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) Urban Housing. In developments containing only single-family detached urban housing or single-family detached urban housing mixed with single-family detached traditional housing, the required open space may be waived by the Board of Supervisors under the following conditions: i. The required open space is less than one (1) acre; and ii. Such waiver shall not include open space provided to meet environmental requirements of Part 803 of this Article. (2) Active Recreational Areas and Amenities. The minimum required open space may be reduced for residential developments which provide active recreational areas and amenities, under the following conditions: i. The active recreational area and amenity shall be: a. Equivalent to the value of one(1)recreational unit for each 30 dwelling units; b. In a configuration and location that is easily accessible to the dwelling units that they are designed to serve; c. Approved by the Zoning Administrator in conjunction with the Director of Parks and Recreation; and d. In addition to the minimum recreational facilities identified in Part 806 of this Article. ii. The gross density requirements as required in Article IV, Primary Zoning Districts,of this Ordinance, shall not be exceeded through the reduction of open space. iii. The required open space shall not be reduced by more than: a. 75% for single-family detached housing types(excluding single-family small lot); and b. 50%for all other residential housing types and mixtures. IV. Active recreational areas and amenities shall be incorporated within the development's common open space and be for the use of and maintained by the subject development's property owner's association. C. Public Facilities. Public libraries and public schools may be permitted within areas of required open space,provided that the proposed facilities are indicated on the original MDP for the residential development. Part 806. Recreational Facilities. Section 165-806.01. Applicability. All new development within the RP,R4,R5,and MH1 zoning districts in the County shall comply with the standards in this Part. VIII-36 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-806.02. Amount of Recreation Facilities Required. A. Recreational facilities shall be provided in accordance with Table VIII-15,below. B. In addition, developments within RP District containing single-family small-lot housing shall provide a community center that provides for the equivalent of three (3) age-appropriate recreational units,per 30 dwelling units. (1) The Zoning Administrator may waive the community center requirement specified in B., above, in single-family small-lot subdivisions that contain less than 25 lots. i. The applicant is required to demonstrate how an equivalent recreational value of three (3) recreational units for each 30 dwelling units,prorated,is being provided within the project,to the County,or a combination of both as a condition of requesting approval of a waiver. Veational Minimum Recreational Units Zoning Type of Development Developments with Developments with District less than 30 30 or more dwelling units dwelling units: Single-family small lot Multiplex RP Townhouse or back-to-back townhouse Garden apartment 1 1 per 30 dwelling Multifamily building housing types units R4 RS Any development MH1 Any manufactured home park or subdivision Section 165-806.03. Types of Recreational Facilities. A. A recreational unit shall be as follows: (1) A composite playground system for school-age children with a minimum of eight(8)play features and one (1) swing set; or Table V111-16.Recreational Quantity Equipment Deck heights reaching at least 5 ft. Minimum of 2 2-to 5-year-old play features Slides Climbing features Minimum of 1 Overhead features Tunnels Play panels Swings(8 ft.high,2 seats) VIII-37 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (2) Any recreational facilities may include: i. Swimming pools; ii. Tennis,basketball or multipurpose courts; iii. Multi-use trails; iv. Athletic fields; V. Picnic shelters,which shall include picnic tables, trash receptacles, and areas for outdoor cooking; vi. Community center; and vii. Other recreational facilities. Section 165-806.04. Design Standards. A. The facilities shall be in a configuration and location that is easily accessible and centrally located to the dwelling units that they are designed to serve. B. The design and amount of facilities shall be approved by the Zoning Administrator in conjunction with the Department of Parks and Recreation, in accordance with Section 165-806.02 A. and B., above. C. The design of such facilities shall be approved at the time of MDP review. Part 807. Outdoor Lighting Standards. Section 165-807.01. Purpose. The purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts of glare, light trespass and over lighting; promote appearance, safety, productivity, enjoyment, commerce, and security; and encourage energy conservation to the greatest extent possible. Section 165-807.02. Applicability. A. General. Except as provided in B.,below,these standards shall apply to the installation of new outdoor lighting fixtures or the replacement of existing fixtures. (1) Replacement of a fixture shall mean a change of fixture type,change to the mounting height or location of the fixture, or a change that results in a higher footcandle output. B. Exemptions. The following lighting is exempt from the requirements of this Part: (1) Routine lighting fixture maintenance, such as changing lamps or light bulbs,ballast, starter, photo control,housing,lenses and other similar components. (2) 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 streetlights within a public or private right-of-way (ROW); VIII-38 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (3) 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; (4) Lighting located on properties developed with residential or agricultural use,unless regulated by Section 165-807.05 (B)of this Article,including but not limited to residential security lighting controlled and activated by motion sensors or timing devices; (5) Lighting for holiday decorative purposes; and (6) Lighting for civic activities,fairs or carnivals,provided that the lighting is temporary. Section 165-807.03. Photometric Plan Requirements. A. A photometric lighting plan shall be submitted and approved in conjunction with any Site Plan required by this Ordinance, or Subdivision Design Plan as required by Chapter 144 of the Frederick County Code. B. The submitted photometric lighting plan shall be current and prepared by either a Professional Engineer(PE), qualified member of the National Council on Qualifications for the Lighting Professions(NCQLP),the American Lighting Association(ALA), or accepted equivalent professional certification approved by the Zoning Administrator. C. All such required plans shall include the following: (1) 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; (2) 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; (3) Photometric data, such as that furnished by manufacturers or similar, showing the angle cut- off light emissions and glare-control devices; (4) Mounting height of all free-standing and building-mounted fixtures; and (5) Aiming angles and diagrams for recreational facilities lighting fixtures,including maximum angles for adjustable light sources. Section 165-807.04. General Lighting Standards. A. General. (1) All outdoor lighting fixtures shall be designed to be fully shielded, aimed, downcast(i.e., full- cutoff), located, and maintained to shield adjacent properties and to not produce or direct glare onto adjacent properties or road ROW. VIII-39 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE i. For purposes of this Part, 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 lummaire providing this shielding shall be permanently affixed so that no light is able to be emitted above the horizontal plane. ii. 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 ROW. Figure VIII-16.Examples of Lighting Types. UNSHIELDED PARTIALLY SHIELDED FULLY SHIELDED (2) The following shall be full-cutoff fixtures: i. Recreational facility lighting fixtures,with internal and/or external glare-control louvers; and ii. 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. a. Alternatively,these lighting types may include 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. B. Prohibited. The following shall be prohibited: (1) Flashing,revolving,or intermittent exterior lighting visible from any property line or street; and (2) Directional fixtures for advertisement purposes, such as but not limited to high-intensity beams, lasers,or strobe lights. C. Color Temperature. (1) For multifamily residential and residential parking lots,use of a warm toned or filtered Correlated Color Temperature (CCT)not to exceed 3000 Kelvin (K). (2) For non-residential uses and high security areas,use of a neutral toned or filtered CCT not to exceed 4000 K. VIII-40 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (3) All outdoor lighting fixtures shall meet the DarkSky International Approved Luminaries certification, Illuminating Engineering Society of North American (IESNA), or Zoning Administrator accepted equivalent certification for lighting products. D. Height. (1) Free-standing pole-mounted 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 where adjoining all other uses. i. On land in the B3,MI,M2,EM, and TM Zoning Districts that is contained within an approved MDP,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. ii. In no case shall light fixtures in the B3,MI,M2,EM and TM Districts exceed 45 feet in height. (2) Building-mounted or wall-pack lighting fixtures shall not be mounted more than 20 feet above the finished grade of the building where the building face is adjacent to agricultural or residential uses and no more than 25 feet in height above finished grade where adjoining all other uses. i. These fixtures shall also meet the standards ofA(1)and C., above. E. Location. (1) Light fixtures shall be: i. Placed outside of the paved areas of a site; ii. Set back a minimum of 10 feet from adjoining property lines and roadways; and iii. Placed within landscaped islands or in the perimeter green space of the site. (2) 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 Part is met. (3) Bollards shall be provided around the pole base where the fixture is sited outside of a landscaped island or perimeter green space. Section 165-807.05. Lighting Standards for Use Types. A. Nonresidential Uses. VIII-41 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE AverageMaximum Maintained Horizontal LocationAdditional ' Lighting Level •• Parking lots;pedestrian Light fixtures under fuel station walkways; internal vehicle canopies or any other canopy shall travel ways; loading areas 5.0 consist of full-cutoff lighting fixtures where the light source is Building frontage either fully shielded or recessed General within the underside of the canopy and utilize only flat lenses or windows. High security areas' 15.0 The portions of the canopy not included in the sign area shall not be illuminated. All light poles shall be equipped with supplemental opaque shielding Adjacent agricultural or 02 on the residential property side of Property residential use/district the lighting fixture to reduce glare Line N caused by direct light source Boundariest%% exposure. Adjacent commercial or Ar industrial use/district 1.0 none Right-of-way 1 High security areas include automated teller machines (ATMs), motor vehicle display areas, vehicle fuel station canopies, outdoor storage areas, and loading docks, but do not include parking lots. B. Multifamily Uses and Residential Parking Lots. Lots.Table V111-18.Lighting Standards for Multifamily Uses and Residential Parkin Maximum Average Location Maintained Horizontal Lighting Level •• .nd Building entrances,walkways, and pathways 5.0 General Off-street residential parking lots. 2.0 All other areas 0.5 All Property Lines,except as provided below: 0.5 Adjacent zoned,used,or planned for Property agricultural or residential purposes 0.2 Lines Boundaries Arterial Roadways 1.5 Right-of-way Collector Roadways 1.0 Local Streets 0.5 VIII-42 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE C. Recreational Facilities in all Zoning Districts. 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:OOPM,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: i. 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 exceed the maximum values specified in CIE Table 2.3 to protect surrounding areas from excessive glare and light trespass. ii. 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. Part 808. Storage. Section 165-808.01. Applicability. A. Outdoor Storage. (1) General. The outdoor storage or processing of products, equipment,or raw materials is allowed in the business and industrial districts or in association with business uses allowed in VIII-43 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE any other zoning district only if the outdoor storage is directly associated with the primary uses of the property. (2) Exemptions. The regulations of this Part shall not apply to: i. Common property lines when outdoor storage area(s) adjoin a property also utilized for outdoor storage; ii. Motor vehicle parking and loading areas; iii. Agricultural and forestry operations; iv. The display of vehicles for sale by a vehicle dealer; V. The display of nursery stock by a commercial nursery; or vi. Other products for sale that are normally displayed outdoors. Section 165-808.02. General Requirements. (1) General Requirements. i. When permitted,the outdoor storage or processing shall be completely screened from the view of road and street ROW and from surrounding properties by a six(6)foot tall opaque fence,wall,berm or evergreen screen. ii. Outdoor storage surface areas shall consist of asphalt, concrete, stone,gravel or any other impervious surface approved by the Zoning Administrator. iii. Outdoor storage and processing shall not be permitted in any required front setback yard. iv. The Zoning Administrator may require that the storage of hazardous materials or any materials which may contribute to contaminated runoff be fully enclosed. Where such materials are stored outdoors,they shall be contained within an impervious structure designed to contain spillage or contaminated runoff. V. Landscaping shall not be required for impervious areas designated for outdoor storage. B. Trash Storage. (1) When stored outdoors, outside of a legal landfill or trash heap, all trash,rubbish or garbage shall be stored in watertight,vermin proof containers. (2) All commercial and industrial developments shall be provided with outdoor trash containers or other means of trash disposal. I. Means shall be provided to ensure that all trash generated by the development is properly disposed of to avoid litter, odor or other nuisances. (3) Such trash containers shall not be located in the front yard areas of such uses and shall be located to avoid traffic conflicts with parked vehicles and general traffic. (4) Such containers shall be properly screened or separated from dwellings to avoid odors and other impacts. VIII-44 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (5) Such trash containers shall be contained within a completely enclosed facility. The enclosure shall consist of a six-foot opaque fence or wall and an opaque gate. i. Chain-link fencing shall not be permitted for trash storage. C. Inoperable Motor Vehicles and Trailers. (1) The storage of inoperable motor vehicles and trailers outside of a completely enclosed building shall be prohibited in all zoning districts except for the RA Zoning District. (2) Inoperable motor vehicles and trailers permitted to be stored outside of a totally enclosed building shall be completely screened from public roads or surrounding properties. i. Permitted screening shall include opaque fences, opaque landscaping or opaque natural vegetation. Part 809. Signs. Section 165-809.01. Purpose. A. Signs perform an important function in identifying and promoting properties,businesses, services,residences, events, and other matters of interest to the public.The intent of this Part is to regulate all signs within the County to ensure that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety, and general welfare by: (1) Setting standards and providing uniform, scientifically based controls that permit reasonable use of signs and preserve the character of Frederick County; (2) Prohibiting the erection of signs in such numbers, sizes,designs, illumination, and locations as may create a hazard to pedestrians and motorists; (3) Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter,unsightliness, and confusion; and (4) Establishing a process for the review and approval of sign permit applications. Section 165-809.02. Applicability. A. General.Any sign erected, altered,or maintained after the effective date of this Ordinance shall conform to the regulations of this Part. B. Prohibited. The following signs are prohibited in all zoning districts: (1) Signs that violate state or federal law; for example,unofficial traffic control devices as prohibited under Code of Virginia §46.2-831; (2) Signs with characteristics that create a safety hazard or are contrary to the general welfare; (3) Animated or flashing signs; (4) Signs painted directly onto the exterior of buildings; VIII-45 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (5) Inflatable signs; (6) Roof signs;and (7) Snipe signs. C. Exempt. The following signs are allowed without a sign permit and will not be included in the determination of the type,number, or area of permanent signs allowed within a zoning district, provided such signs comply with the regulations in this Part,if any: (1) Address signs; (2) Official traffic signs and private road/drive signs; (3) Legal notices and other signs erected or required by a governmental agency; (4) Temporary signs; (5) Flag signs; (6) Directional signs; (7) Holiday and seasonal decorations; (8) Security and warning signs; and (9) Legal notices, such as posted service or notice of unfitness for habitation. Section 165-809.03. General Sign Requirements. A. Sign Permits. Before a sign may be constructed,reconstructed or altered, a sign permit shall be obtained from the Zoning Administrator and the Building Official. (1) An application for a sign permit shall include: i. A description of the sign indicating the number, size, shape, dimensions, and colors of the sign; ii. A schematic drawing of the site showing the proposed location of the sign in relation to nearby buildings and streets; and iii. The number of signs on the site. B. Sign Height and Size. (1) Unless otherwise specified in Section 165-809.04 of this Article, all sign types shall not exceed five (5)feet in height and four(4) square feet in sign area and shall be pole mounted. (2) Sign height(except wall signs) shall be measured from the grade level of the adjacent street to which the land upon the sign is located. C. Sign Setbacks. (1) All freestanding signs shall be a minimum of 10 feet from lot lines or property boundary lines. (2) Signs that are attached to buildings shall meet the required setbacks for that building. VIII-46 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE D. Sign Spacing. The minimum distance separating signs is 100 feet. (1) The Zoning Administrator may allow two (2) signs to be separated by less than 100 feet in order to allow the signs to share an appropriate location. (2) In such cases,the two(2) signs must be separated from other signs by a distance of 100 feet plus the distance by which the separation between the two (2) signs was reduced from the required 100 feet. E. Sign Illumination. Signs maybe illuminated,unless otherwise specified herein,subject to and consistent with the following standards: (1) Lighting of temporary signs shall be prohibited. (2) Light sources to illuminate signs shall not: i. Be visible from any street ROW; ii. Cause glare hazardous or distracting to pedestrians,vehicle drivers, or adjacent properties; or iii. Include or cause flashing,revolving,scrolling or intermittent light visible from any property line or street. (3) For electronic signs,when operating, displays shall be static for a minimum of 15 seconds, and must not be animated by scrolling, flashing or other similar nonstatic displays. (4) Each sign shall have a light-sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change to comply with the limits established in this Article. (5) Externally illuminated signs,where permitted, are subject to the following regulations: i. The source of the light shall be concealed by translucent covers. ii. External illumination shall be by a steady, stationary light source, shielded and directed solely at the sign.The light source shall be static in color. (6) Internally illuminated signs, where permitted, including neon lighting, shall be static in intensity and color. F. Maintenance. (1) All signs shall be maintained in a state of good repair. Signs that are damaged, structurally unsound or poorly maintained shall be repaired or removed within 30 days. (2) If an off-premises sign advertises a specific business,product, service, event, or activity that is no longer being operated or conducted or if a sign refers to a location where the advertised activities no longer exist,that sign will be considered abandoned and shall be removed within 30 days. VIII-47 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-809.04. Regulations by Sign Type and District. Tablep' i by 1 District 1 Business and IndustrialDistrict R5 Districts Temporary signs X X X Monument signs X X X Multi-tenant com lex si ns X Wall-mounted si ns X X X Electronic message signs X X X Off-premises signs X X X A. Temporary Signs.Temporary signs, as defined in Article XI,Definitions,of this Ordinance, and located on private property are exempt from standard sign permit requirements, and will not be included in the determination of the type,number, or area of signs allowed on a property. (1) Size. Temporary signs may not exceed five (5)feet in height and 50 square feet(SF). (2) Location.Temporary signs should comply with required setbacks as stipulated in Section 165- 808.03 and shall not be placed in any public ROW. (3) Permission.The party posting the temporary sign is solely responsible for obtaining permission of the property owner before posting their temporary sign. (4) Duration and Removal. Temporary signs may be displayed up to 30 consecutive days, two (2)times per year. B. Monument Signs. (1) Other than the RA District, all monument signs shall be in accordance with Table VIII-20, below. (2) A monument sign may include an electronic sign as a component of the sign,provided that,if a property is allowed more than one (1)sign,no more than one (1)of its signs may include an electronic sign. TableI i !� .. Number (square Arterial Roads 25 150 Collector Roads 1 per 15 100 All Other Roads property 12 50 VIII-48 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE C. Multi-tenant Complex Signs.Multi-tenant complex signs shall only be permitted in business and industrial districts. Table1 Number Height Area (feet) (square feet) B1, B2, B3, HE, MI and TM and EM M2 Arterial Roads 1 per 1,200 linear 25 150 Collector Roads feet of road 1 per 15 100 All Other Roads frontage property 12 50 D. Wall-Mounted Signs. Dimensions.J�able V111-22.Wall-Mounted Sign Maximum Height Area Location (feet) (square feet) General office buildings in 1.5 square feet per linear foot B2 and B3 Districts 60 of building frontage Hotel and Motel buildings or 25 square feet,whichever is in B2 District greater. Shall not exceed 200 square Any wall Shall not feet face exceed All Other Uses maximum For buildings with multiple height for the tenants, each tenant shall be zoning district permitted a maximum area proportionate to their frontage, using the above calculations E. Off-premises Signs. (1) In all zoning districts,only monument signs and multi-tenant complex signs shall be allowed off-premises.No other types of signs shall be permitted off-premises. (2) Such signs shall be allowed only if a Conditional Use Permit(CUP)for that sign has been granted. Conditions which may be placed on off-premises signs may include,but not be limited to,the following: i. Appropriate separation shall be provided between the off-premises sign and surrounding residences and other uses. The Board of Supervisors may require that such signs not be visible from surrounding residences. ii. Off-premises signs shall be limited to a size, scale, and height that does not detract from surrounding properties and uses, and in no case may exceed the size and height regulations set forth in this Part. (3) Off-premises signs must be properly separated from each other to avoid clutter along road corridors, and in no case may be less than the regulations of Section 165-809.03. VIII-49 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE F. RA, RP,MHI,R4,and R5 Districts. (1) General.For parcels within RA,RP,MH1,R4,and R5 Districts with an allowed by-right use (excluding residences)or an approved CUP, signs shall be in accordance with Table VIII-23. Tablei District Signs Maximum Dimensions. NumberHeight Area • (square feet) Pole-mounted, RA 1 per 8 50 hanging,or property monument RP,MH1,R4, and R5 4 25 Monument (2) Subdivision Identification Signs.For residential developments,the maximum size and number of signs that the owner or owners of the residential development may erect and maintain at the entrances to the development are subject to the following requirements: a. Subdivision identification signs shall be monument style signs; b. One (1) subdivision identification sign shall be permitted per entrance; and c. Subdivision identification signs shall not exceed eight(8)feet in height nor 32 square feet in sign area. (3) Cottage Occupations. In areas with an approved CUP for cottage occupations,for each lot or parcel containing a residence,one (1) sign,in addition to any other sign permitted, shall be permitted for the cottage occupation,in accordance with the following: i. The sign shall not exceed five (5)feet in height nor four(4) square feet in area; ii. The sign may be pole-mounted,hanging, or monument style; and In. Illumination of such signs is prohibited. Part 810. Walls and Fences. Section 165-810.01. General. A. Chain-link Fencing. (1) When Permitted. Chain-link fencing with slats,with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements when: i. The adjoining properties are in the following districts; or: a. B2, General Business; b. B3,Industrial Transition; c. MI, Light Industrial; d. M2, Industrial General; e. TM,Technology-Manufacturing; £ EM, Extractive Manufacturing; and VIII-50 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE g. MS,Medical Support. ii. Other zoning districts where the proposed use is also allowed. (2) Design. Chain-link fencing with slats shall: i. Consist of double-walled winged slats or equivalent if approved by the Zoning Administrator; and ii. Only utilize the following colors: dark green,brown,black, or tan. (3) Prohibited. i. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited. ii. Chain-link fencing with slats shall not be permitted to be used as a screen along primary, arterial, or collector roadways,or as an enclosure for trash storage. Part 811. Shopping Centers, Office Parks, and Industrial Parks. Section 165-811.01. Purpose. The intent of this section is to ensure that private restrictions are established in certain types of development. Section 165-811.02. General Standards A. In order to promote orderly economic development and to protect property values in commercial and industrial areas,the following requirements shall apply to all shopping centers,office parks and industrial parks: (1) A harmonious coordination of uses,architectural styles, signs, and landscaping shall be provided to ensure the aesthetic quality and value of the development. i. Deed restrictions, dedications, agreements, contracts,guaranties, or other means shall be instituted to ensure that such coordination occurs. (2) Architectural styles should avoid massive,monolithic,or repetitive building types and facades.No portion of an unpainted concrete block or unpainted sheet metal building shall be visible from roads or surrounding properties. (3) Appropriate landscaping shall be provided or required through deed restrictions, dedications, agreements, contracts, guaranties,or other means throughout the development. (4) Deed restrictions, dedications, agreements, contracts,guaranties, or other means used to ensure the above shall provide specific standards and means for enforcement. i. The Zoning Administrator shall review such methods before any Site Plan is approved to ensure that: a. They accomplish the intentions of this Section; and b. Private controls are established to address the requirements of this Section. VIII-51 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (5) The Zoning Administrator shall not control the particular designs, styles, or methods used as long as the requirements of this Ordinance have been met. Part 812. Temporary Trailers. Section 165-812.01. Applicability. Temporary trailers shall be allowed as a part of construction projects. Section 165-812.02. Permits. Permits for temporary trailers will be for a maximum of one (1)year.Applicants for such permits shall furnish an affidavit to the Zoning Administrator, stating that the use shall be limited as required. Section 165-812.03. General Standards. A. All temporary trailers shall meet all applicable requirements of the Frederick County Code. B. In general,temporary trailers shall remain only where specifically allowed by this Ordinance and only if all applicable requirements are met. C. Temporary trailers shall be removed before a final Certificate of Occupancy(CO)is issued for the use under construction. D. Temporary trailers are prohibited for residential purposes unless located in the RA Zoning District. (1) Such temporary manufactured homes may be used on a lot where a single-family home is being constructed only if an affidavit is provided to the Zoning Administrator stating that the manufactured home will be removed before a final CO is issued for the single-family home. (2) In such cases, a permit shall be obtained for the manufactured home and the manufactured home shall meet all requirements of the Frederick County Code. VIII-52 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Article IX. Nonconformities. Part 901 . General. Section 165-901.01. Intent. Pursuant to Code of Virginia § 15.2-2307, any lot,use, structure, or sign which subsequently becomes nonconforming as a result of adoption or amendments to this Ordinance may continue as it was at the time of the adoption or amendment, as long as it remains otherwise lawful. Such nonconforming lots, uses, structures,and signs shall conform to all laws in effect at the time when the use,structure,or sign was established. Section 165-901.02. General. If any change of ownership, possession, or lease of any legally nonconforming use, structure, or sign occurs, the use, structure, or sign may continue according to the requirements of this Article unless otherwise provided in a Conditional Use Permit(CUP),proffer, or variance related to the property. Part 902. Nonconformities. Section 165-902.01. Nonconforming Uses. A. Any legally established use which does not conform to the requirements of this Ordinance at 12:01 a.m. on May 14, 2026 may be continued so long as it remains otherwise lawful. Seasonal legally nonconforming uses or uses that are,by their nature,used on a regularly recurring but not constant basis, that have been in continuous operation for a period of two (2) years or more prior to the adoption of this Chapter may be continued. B. Whenever a nonconforming use is changed to another use, it shall only be changed to a use that is of equal or less nonconformity in terms of the type or intensity of the use. C. A nonconforming use may not be moved on the same lot or to any other lot which is not properly zoned to permit such use. D. In accordance with Code of Virginia § 15.2-2307(C), if a use does not conform to the zoning prescribed for the district in which such use is situated,the owner, lessee, or contract purchaser of such building, structure, or use may apply for a rezoning or CUP without charge by the County or any agency thereof for fees associated with such filing,provided that: (1) A business license was issued by the County for such use; (2) The holder of such business license has operated continuously in the same location for at least 15 years; and (3) All relevant local, state, and federal taxes or delinquent charges related to such use have been paid. IX-1 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE E. If any legally nonconforming use or sign is discontinued for a period exceeding two years after the enactment of this chapter, it shall be deemed abandoned, and any use or sign thereafter shall conform to the requirements of this Ordinance. F. Pursuant to Code of Virginia § 15.2-2307(D), the illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract. Section 165-902.02. Nonconforming Lots of Record. A. Any lot of record at the time of the adoption or amendment of this Ordinance,which has less area or frontage than required by this Ordinance,may be used for uses allowed by this Ordinance when the dimensional requirements of the underlying zoning district are satisfied. B. The current setbacks for the particular Zoning District in question are to be applied for all lots, unless the most recent legally approved and recorded plat of the property clearly depicts all appropriate terminology and numeric information for different setbacks. Section 165-902.03. Nonconforming Structures, Buildings, and Improvements. A. Structures and land may continue to be used as they were on the effective date of this Ordinance so long as they remain otherwise lawful. B. A nonconforming structure or building may not be moved or expanded on the same lot or to any other lot which is not properly zoned to permit such use. C. The Board of Supervisors may allow the expansion of legally nonconforming structures and the construction of new structures with the same setback as the existing legally nonconforming structure,provided that all other conditions of this Ordinance are met. D. Pursuant to Code of Virginia§ 15.2-2307(D),a nonconforming building,structure,or improvement shall include those circumstances where: (1) A building permit or other permit authorizing construction has been issued, and the building or structure was constructed in accordance with the building permit, and upon completion, a Certificate of Occupancy was issued; (2) A property owner, relying in good faith on the issuance of a building permit, incurs extensive obligations or substantial expenses in diligent pursuit or a building project in conformance with the issued Building Permit and the Uniform Statewide Building Code; or (3) The owner of the building or structure has paid real estate taxes to the County for such building or structure for a period of more than the previous 15 years. Section 165-902.04. Expansion of Nonconforming Uses and Structures. A. Legally nonconforming uses and structures may expand in accordance with the provisions of this Section.Measurements shall be based on gross floor area for structures and total land area for uses. B. Legally nonconforming uses, structures, and signs listed below may not expand. These uses and structures may be modified if the result decreases the degree of nonconformity. IX-2 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) Landfills. (2) Junkyards. (3) Signs. C. Legally nonconforming uses listed below may be expanded or modified one (1) time if the expansion or modification does not increase the degree of nonconformity and does not expand the area of the structure more than 3,500 square feet or 50% of the area covered by the structure prior to the expansion or modification,whichever is less. (1) Parking lots. (2) Loading areas. (3) Outdoor storage and processing areas. (4) Outdoor display areas. D. All legally nonconforming uses and structures not specified in B. or C., above, may be expanded or modified one (1) time if the expansion or modification does not increase the degree of nonconformity and: (1) Does not result in an overall expansion of the areas of the structure by more than 2,000 square feet or 50%of the area covered by the structure prior to the expansion or modification; and (2) Meets all conditions established in Section 165-503.16 of this Ordinance,if the use or structure is located within the floodplain districts. E. The size of legally nonconforming residential structures may be expanded beyond 2,000 square feet or 50% of the area covered by the structure prior to the expansion, whichever is less, if the expansion or modification does not increase the degree of nonconformity. Section 165-902.05. Repairs and Maintenance. A. All legally nonconforming signs that are destroyed or damaged in any manner may be repaired or restored only if all work is completed within six(6)months from the date the legally nonconforming sign was destroyed or damaged. B. In accordance with Code of Virginia§ 15.2-2307(E),if 50%or more of a nonconforming residential or commercial building or structure is damaged or destroyed by accidental fire,natural disaster, or other Act of God, such building or structure may be repaired,rebuilt,or replaced without need of a variance, if- (1) The nonconforming features are eliminated or reduced to the extent possible; (2) The owner applies for a building permit and any work done to repair, rebuild or replace such building or structure complies with the provisions of the Uniform Statewide Building Code; (3) All applicable requirements of the Floodplain Overlay District of this Ordinance are met; and (4) The work is done within two (2)years,unless the building is in an area under a federal disaster declaration and was damaged or destroyed as a direct result of the disaster, in which case the time period shall be extended up to two (2)additional years,not to exceed four(4)years total. IX-3 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE C. Owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an Act of God. Nothing herein shall be construed to enable the property owner to commit arson and obtain vested rights under this Section. D. For purposes of this Section, "Act of God" shall include any natural disaster or phenomena including a hurricane,tornado,storm,flood,high water,wind-driven water,tidal wave,earthquake, or fire caused by lightning or wildfire. E. Pursuant to Code of Virginia § 15.2-2307(F), a property owner may replace an existing on-site sewage system for any existing building in the same general location on the property,even if a new on-site sewage system would not otherwise be permitted in that location,unless access to a public sanitary sewer is available to the property, subject to the following conditions: (1) If access to a sanitary sewer system is available,then connection to such system is required. (2) Any new on-site system shall be installed in compliance with applicable regulations of the Virginia Department of Health in effect at the time of the installation. F. Pursuant to Code of Virginia § 15.2-2307(H), if a nonconforming manufactured home is removed other than by natural disaster or public action, it may not be replaced except as provided below, unless it complies with regulations within the Ordinance.Any such replacement home shall retain the valid nonconforming status of the prior home. (1) Nothing in this Article shall be construed to prevent the landowner or homeowner from removing a lawfully nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile or manufactured home park,a single- section home may replace a single-section home and a multi-section home may replace a multi- section home. (2) The owner of a lawfully nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multi-section,that meets the current HUD manufactured housing code. IX-4 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Article X. Transfer of Development Rights Program. Part 1001. Establishment and Purpose. Section 165-1001.01. Purpose. A. Purpose.Pursuant to the authority granted by Code of Virginia §§ 15.2-2316.1 and 15.2-2316.2, there is established a Transfer of Development Rights(TDR)program,the purpose of which is to transfer residential density from eligible sending areas to eligible receiving areas and/or transferee through a voluntary process for permanently conserving agricultural and forestry uses of lands and preserving rural open spaces, and natural and scenic resources. B. Intent.The TDR program is intended to supplement land use regulations,resource protection efforts and open space acquisition programs and encourage increased residential density where it can best be accommodated with the least impacts on the natural environment and public services by: (1) Providing an effective and predictable incentive process for property owners of rural and agricultural land to preserve lands with a public benefit; (2) Implementing the Comprehensive Plan by directing residential land uses to the Urban Development Area(UDA); and (3) Providing an efficient and streamlined administrative review system to ensure that transfers of development rights to receiving areas are processed in a timely way and balanced with other County goals and policies and are adjusted to the specific conditions of each receiving area. Section 165-1001.02. Applicability. A. The procedures and regulations established in this Article shall apply to the transfer of development rights from land qualifying as sending properties to land qualifying as receiving properties and/or to a transferee; see Sections 165-1002.01 and 165-1002.02,below. B. In applicable receiving areas, land utilizing transferred development rights may be subdivided at an increased density above the base density as specified in Tables X-I to X-3 in Section 165- 1002.03. C. All development utilizing transferred development rights shall conform to the guidelines contained in the Comprehensive Plan. Section 165-1001.03. Right to Transfer Development Rights; General Provisions. A. Covenant Required.A development right shall be transferred only by means of documents, including a covenant to which Frederick County is parry and any appropriate releases,in a recordable form approved by the Director of Planning and Development or their designee. (1) The covenant shall limit: X-1 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE i. Future construction of dwellings on a sending property to the total number of development rights established by the zoning of the property minus all development rights previously transferred in accordance with this Ordinance; ii. Any development rights previously extinguished or limited as a result of a recorded covenant against the property; iii. The number of development rights to be transferred by the proposed transaction; and iv. The number of existing single-family detached dwellings on the sending property. a. If a sending property contains no dwelling units, a development right equal to that for one (1) single-family dwelling must be maintained for the property,except that for properties larger than 100 acres,one (1)development right equal to that for one (1) single-family dwelling must be maintained for each multiple of 100 acres, or fraction thereof, contained within the sending property. B. Each transferor shall have the right to sever all or a portion of the rights to develop from the parcel in a sending district and to sell,trade, or barter all or a portion of those rights to a transferee consistent with the purposes of Section 165-1001.01 so long as the conditions of A., above, are met. C. Any TDR pursuant to this Article authorizes only an increase in maximum density and shall not alter or waive the development standards of the receiving district,nor shall it allow a use otherwise prohibited in a receiving district. D. Transfer of Development Rights shall not be available for the following: (1) Portions of lots owned by or subject to easements(including,but not limited to,easements of roads,railroads,electrical transmission lines,gas or petroleum pipelines)in favor of governmental agencies,utilities, and nonprofit corporations. (2) Land restricted from development by covenant,easement,or deed restriction. E. Any transfer of development rights shall be recorded among the land records of Frederick County,Virginia. F. The monetary value of transferred development rights is completely determined between the seller and buyer. Part 1002. Sending and Receiving Properties. Section 165-1002.01. Sending Properties. A. For the purposes of this Article, a sending property must be an entire tax parcel or lot qualified under B.,below.A sending property shall be maintained in a condition that is consistent with the criteria in this Part under which the sending was qualified. B. Qualification of a sending property shall demonstrate that the site contains a public benefit such that the preservation of that benefit by transferring residential development rights to another site is in the public interest,according to all of the following criteria: X-2 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) Designated in the Comprehensive Plan as Rural Area; (2) Designated on the Zoning Maps of Frederick County as being zoned RA(Rural Areas) and located outside of the Urban Development Area(UDA) and the Sewer and Water Service Area(SWSA); (3) Designated on the Sending Areas Map; (4) Comprised of at least 20 acres in size; and (5) Qualified for subdivision in accordance with Chapter 144 of the County Code,including,but not limited to,meeting all state road and access requirements. i. For TDR purposes,if the sending property consists of more than one (1)parcel of land, at least one (1)lot must meet all requirements of Chapter 144 of the County Code;this lot shall be deemed the primary lot. ii. Additional parcels that do not meet the subdivision requirements but are contiguous to the primary lot may be added to the sending property,if they are all under common ownership. iii. For purposes of this section,lots divided by a street are considered contiguous if the lots would share a common lot line if the street was removed. C. If a sending property has any outstanding code violations and/or unpaid taxes,the owner shall resolve these violations,including any required abatement,restoration, or payment of penalties or taxes,before the property may be qualified as a sending property in the TDR program. Section 165-1002.02. Receiving Properties. A. Except as provided in B., below, in order to be eligible as a receiving property, a property must be: (1) Located in the RA,RP, or R4 Zoning Districts; (2) Designated on the Receiving Areas Map; (3) Served by public water and public sewer; (4) Served by state-maintained roads or have the ability to utilize private roads in the RP District as permitted by this Ordinance or Chapter 144 of the County Code; (5) Located within the UDA or a designated and defined Rural Community Center as identified in the Comprehensive Plan; and (6) Identified in the Frederick County Comprehensive Plan as a future land use that is solely residential in nature. B. A property is not eligible as a receiving property if- (1) The TDR to the property would adversely impact regionally or locally significant historical resources or naturally sensitive areas as specified in the Comprehensive Plan; or (2) The property is located within the airport support area as identified by the Comprehensive Plan. X-3 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE C. If a receiving property has any outstanding code violations and/or unpaid taxes,the owner shall resolve these violations,including any required abatement,restoration, or payment of penalties or taxes,before the property may be qualified as a receiving property in the TDR program. D. A receiving property may accept development rights from one (1)or more sending properties,up to a maximum density specified in Tables X-1 to X-3 in Section 165-1002.03. Section 165-1002.03. Calculation of Development Rights. A. The number of residential development rights that a sending property is eligible to send to a receiving property and/or transferee shall be determined by applying the sending property base density established in C.,below,to the area of the sending property after deducting all the following: (1) Development rights previously transferred in accordance with this Ordinance; (2) Development rights previously extinguished or limited as a result of a recorded conservation easement or similar covenant against the property; (3) The number of existing single-family dwellings on the sending property; (4) The amount of any submerged land(i.e.,lakes,ponds, streams), floodplains, and steep slopes as determined by Frederick County GIS data. (5) The amount of any land contained within easements(including,but not limited to,easements of roads,railroads,electrical transmission lines,gas or petroleum pipelines)in favor of governmental agencies,utilities and nonprofit corporations. B. If a sending property contains no dwelling units, a development right equal to that for one (1) single-family dwelling must be maintained for the property. Properties with over 100 acres shall be required to retain the number of development rights required in accordance with Section 165- 1001.03.A. C. For the purposes of calculating the amount of development rights a sending property can transfer, the square footage or acreage of land contained within a sending property shall be determined by a valid recorded plat or survey, submitted by the applicant property owner and that has been prepared and stamped by a land surveyor licensed in the Commonwealth of Virginia. D. For the purposes of the TDR program only, sending sites zoned RA shall have a base density of one (1)dwelling unit per five (5) acres for transfer purposes. E. Any fractions of development rights that result from the calculations in A., above, shall not be included in the final determination of total development rights available for transfer. F. Development rights from one (1) sending property may be allocated to more than one (1) receiving property and/or transferee and one (1)receiving property and/or transferee may accept development rights from more than one (1) sending property. G. The determination of the number of residential development rights a sending property has available for transfer to a receiving property and/or transferee shall be documented in a TDR letter of intent to issue a TDR certificate issued by the Director of Planning and Development or X-4 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE their designee,pursuant to the provisions of Section 165-1002.05, and shall be considered a final determination,not subject to revision. (1) Such a determination shall be valid only for purposes of the TDR program and for no other purpose. (2) Any changes to the proposed sending property shall void any issued letters of intent. H. A sending property transferee may extinguish TDR density rights, sever and hold TDR density rights, sever and sell TDR density rights,or apply TDR rights to a receiving property in a receiving district in order to obtain approval for development at a density greater than would otherwise be allowed on the land in the receiving district,up to the maximum density or intensity outlined in Table X-1. I. TDR density rights may be converted to bonus density rights by an increase in the residential density on the receiving property,based on the conversion factors in Table X-2. (1) Allowable sending area bonus density remains subject to the maximum density provisions outlined in Table X-1. (2) If properties located in Sending Area No. 1 (designated Agricultural and Forestal District) that have transferred bonus density rights are subsequently withdrawn from the designated sending area(the designated Agricultural and Forestal District),the total number of density rights transferred, including bonus density rights, shall be counted against any future subdivision ability of the property. (3) When TDR density rights are applied to a receiving property,the density right to housing type conversion rate shall be outlined in Table X-3. Such density conversions shall be demonstrated on the Master Development Plan for the receiving property. b . ,E f , 1 . Property Maximum Density in Maximum Density • Zoning • Land Use Size (acres) Dwelling Units per Dwelling Units per Acre with WithoutAcre D' D' Transfers Density for qualified RA RA receiving properties in the RA(Rural Areas) receiving I unit per 5 acres UDA shall be consistent with property the allowable RP density utilizing TDRs see below 1 unit per acre in designated RA(Rural Areas)* RA rural community centers receiving I unit per 5 acres served by community septic property systems RP Multifamily residential (Residential buildings and Age- 20 24 Performance) Restricted multifamily N/A Garden apartments and Townhouse (single-family 10 15 attached) X-5 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE TableDensity Allowed in Zoning Districts Through Transfer of Development 1 . DensityProperty Maximum • Zoning .ndDSize (acres) welling Units per Acre with WithoutAcre D' D' Transfers 0 to 10 10 15 Density by parcel size for all other housing types and 10.1 to 25 6 10 developments with mixed 25.1 to 50 6 10 housing types 50.1+ 6 10 R4 (Residential >100 4 10 Planned Community) For designated rural community centers. **See§165-405.01 or maximum percentage ofmultifamily housing. Conversions.RArea TransferredDesignated Sending Area Each • • to BonusThis Sending Area No. I I density right=2 dwelling units Sending Area No. 2 1 density right= 1.5 dwelling units Sending Area No. 3 1 density right= I dwelling unit TableJJW 1 ' Density Right Housing •e Conversion Rate* Single-family 1 TDR density right= 1 dwelling unit Single-family attached I TDR density right= 1.5 dwelling units* Multifamily I TDR density right= 1.75 dwelling units* *All fractions must be rounded down to the nearest whole number. Section 165-1002.04. TDR Sending Property Development Limitations. A. Following the transfer of residential development rights,a sending property that has retained part of its development rights may subsequently accommodate remaining residential dwelling units on the sending property consistent with the requirements of the RA District and all requirements of the Frederick County Code.A sending property that has retained part of its development rights may also transfer the remainder of the eligible rights through the TDR program. B. On sending properties with environmental features as outlined in Section 165-1002.03 A.,the development rights shall be severed from the areas outside of the specified environmental features. If development rights are retained on the sending property,future subdivision of the parcel cannot occur on the areas where development rights have already been severed. X-6 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE C. The limitations in this Section shall be included in a deed covenant applicable to the sending property. Section 165-1002.05. Sending Property Certification. A. The Director of Planning and Development or his designee shall be responsible for determining that a proposed sending property meets the qualifications of Section 165-1002.01. (1) The Director of Planning and Development or his designee shall render a determination or denial within 60 days of the date of submittal of a completed sending property determination application. (2) If the determination is that a property meets the qualifications,the Director of Planning and Development or his designee shall issue the determination in the form of a letter of intent to issue a TDR certificate. (3) A TDR letter of intent issued by the Director of Planning and Development or his designee shall state the following information: i. The name of the transferor; ii. The name of the transferee, if then known; In. A legal description of the sending property on which the calculation of development rights is based; iv. A statement of the size,in acres, of the sending property on which the calculation of development rights is based; V. A statement of the number of development rights, stated in terms of number of dwelling units,eligible for transfer; vi. If only a portion of the total development rights is being transferred from the sending property, a statement of the number of remaining development rights, stated in terms of number of dwelling units,remaining on the sending property; vii. The date of issuance; viii. The signature of the Director of Planning and Development or his designee; and ix. A serial number assigned by the Director of Planning and Development or his designee. B. A letter of intent issued under this Section shall be valid until the development rights are severed and extinguished through the transfer process or unless applicable zoning changes are approved that would affect the sending property or unless the property is developed. C. Determinations of sending property qualifications under A., above,are appealable to the Board of Supervisors by filing a notice of appeal with the Director of Planning and Development or his designee within 30 days of the date of the determination. D. The Director of Planning and Development shall be responsible for maintaining permanent records of action taken pursuant to the TDR program,including records of letters of intent issued; certificates issued;deed restrictions and covenants known to be recorded; and development rights retired,otherwise extinguished,or transferred to specific properties and/or transferees. X-7 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE E. Responsibility for preparing a completed application for a determination that a proposed sending property meets the qualifications of Section 165-1002.01 rests exclusively with the applicant/property owner.An application for a transfer of development rights to issue a TDR letter of intent shall contain: (1) A certificate of title for the sending property prepared by an attorney admitted to practice law in the Commonwealth of Virginia; (2) Five (5)copies of a valid recorded plat or survey of the proposed sending parcel and a legal description of the sending property prepared by a land surveyor licensed in the Commonwealth of Virginia; (3) A plan showing the existing and proposed dwelling units and any areas already subject to a conservation easement or other similar encumbrance; (4) A completed density calculation worksheet for estimating the number of available development rights; (5) The application fee as set forth in the development review fees adopted by the Board of Supervisors; and (6) Such additional information required by the Director of Planning and Development or his designee as necessary to determine the number of development rights that qualify for transfer. F. No transfer of development rights under this Article shall be recognized by Frederick County as valid unless the instrument of transfer contains the transfer of development rights certificate issued under this Section. Section 165-1002.06. Instruments of Transfer. A. An instrument of transfer of development rights shall be reviewed and approved as to the form and legal sufficiency by the County Attorney and,upon such approval,the County Attorney shall notify the transferor or his or her agent,who shall record the instrument with the Clerk of the Circuit Court and shall provide a copy to the Commissioner of the Revenue. B. An instrument of transfer of development rights shall conform to the requirements of this Section and shall contain the following: (1) The names of the transferor and the transferee; (2) A legal description and plat of the sending property prepared by a land surveyor licensed in the Commonwealth of Virginia; (3) The transfer of development rights certificate described in Section 165-1002.03 G.; (4) A covenant indicating the number of development rights remaining on the sending property and stating that the sending property may not be subdivided to or developed to a greater density than permitted by the remaining development rights; (5) A covenant that the transferor grants and assigns to the transferee and the transferee's heirs, assigns, and successors a specific number of development rights from the sending property to a receiving property and/or a transferee; X-8 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (6) A covenant by which the transferor acknowledges that he has no further use or right of use with respect to the development rights being transferred; and (7) A covenant that all provisions of the instrument of transfer of development rights shall run with and bind the sending property and may be enforced by Frederick County. C. An instrument of transfer of development rights shall be recorded prior to release of development permits,including building permits, for the receiving property. Part 1003. Transfer Process and Development Procedures. Section 165-1003.01. Transfer Process. A. Development rights shall be transferred using the following process: (1) Following approval of the sending property determination application and issuance of the letter of intent as described in Section 165-1002.05, the Director of Planning and Development or his designee shall issue the transfer of development rights certificate, agreeing to a transfer of development rights in exchange for the proposed sending property deed covenant to which Frederick County is a party. (2) If a sending property with a TDR certificate changes ownership,the certificate may be transferred to the new owner if requested in writing to the Department of Planning and Development by the person(s)that owned the property when the certificate was issued, provided that the documents evidencing the transfer of ownership are also provided to the Department of Planning and Development. (3) In applying for receiving property or receiving person approval,the applicant shall provide the Department of Planning and Development with one (1)of the following: i. A TDR certificate issued in the name of the applicant; ii. A TDR certificate issued in the name of another person or persons and a signed option to purchase those TDR sending property development rights; or iii. A transfer TDR certificate issued in the name of the applicant or another person(s)and a copy of a signed option to purchase those TDR sending property development rights. (4) The receiving property applicant and/or transferee may elect to submit an MDP and receive approval of the same, if compliant with County Code,contingent upon the final transfer of development rights. (5) The receiving property applicant and/or transferee shall deliver the documentation outlined in A. (3), above, for the number of TDR development rights being severed or transferred and the TDR extinguishment document to the County. (6) Development rights from a sending property shall be considered transferred to a receiving property and/or a transferee and extinguished when the extinguishment document for the sending property has been recorded. X-9 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Section 165-1003.02. Development Approval Procedures. A. A request to utilize transferred development rights on an eligible receiving property must be in the form of an MDP and a Subdivision Design Plan submitted to the Department of Planning and Development in accordance with the Zoning and Subdivision of Land regulations contained in this Ordinance and Chapter 144, Subdivision of Land,of the County Code. B. Any proposed development utilizing transferred development rights will comply with the standards contained within the County's Area Plans as adopted in the Frederick County Comprehensive Plan for the receiving area in which the development shall occur. This may include but is not limited to the dedication of rights of way for future planned roads and trail systems,or their construction if warranted via the TIA.All subdivisions for receiving properties zoned RA,Rural Areas,utilizing development rights shall be subject to the same requirements as property zoned RP,Residential Performance, and shall not qualify for the standards specified in Section 144-31 of the County Code. C. A final recorded plat for a subdivision using transferred development rights shall contain a statement setting forth the development proposed,the zoning classification of the property,the number of development rights used, and a notation of the recordation of the conveyance required by Section 165-1002.06. X-10 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Article XI. Definitions. Part 1101. Word Usage. Section 165-1101.01. General. A. Words and terms set forth in this Article shall have the meanings ascribed to them whenever used in this Ordinance.Any word, term(s) or phrase used in this Zoning Ordinance not defined herein has the meaning ascribed to such word, term or phrase in the most recent edition of Merriam- Webst&s Dictionary unless, in the opinion of the Zoning Administrator, established customs or practices in Frederick County,Virginia justify a different or additional meaning. B. For the purposes of this Ordinance, certain words or terms will be defined as follows: (1) Words used in the present tense include the future.Words in the singular include the plural,and the plural includes the singular. (2) Use of the masculine gender also includes the feminine and neuter, and vice versa. (3) The word"shall'or"must"is always mandatory; the word"may"is permissive. (4) The words"may not"indicate a prohibition. (5) The words"used for"include "designed for,""arranged for,"or"occupied for". (6) The word"building"includes"structures"and must be construed as if followed by the phrase "or part thereof." (7) The word "person" includes "individual," "partnership," "company," "profit or nonprofit corporation,""organization,"or other similar entities,as set forth in Code of Virginia§§ 1-230 and 1-231. (8) The word"erected"will be deemed also to include"constructed,reconstructed, altered,placed, or moved." (9) The word"State"means the Commonwealth of Virginia. (10) The word"County"means Frederick County,Virginia. (11) The terms"land use" and"use of land" also include "building use" and"use of building". (12) The term "Code of Virginia"will be deemed also to include "as amended". (13) Unless otherwise specified,the term "day"means a calendar day. (14) The terms "architect," "engineer," "landscape architect," and "surveyor," or other profession listed, refer to those professionals who are registered with the Virginia Department of Professional and Occupational Regulation to practice those professions. XI-1 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Part 1102. General Terms. Section 165-1102.01. General. ABUT To physically touch or border upon or to share a common property line. ACCESS —A way or means of vehicular or pedestrian approach to provide physical entrance to a property. ADDITION —A structure added to the original structure at some time after the completion of the original. ADJACENT OR ADJOINING LOT OR LAND—A lot or parcel of land which shares all or part of a common lot line with another lot or parcel or land or which is immediately across a street or road from said parcel or lot. AGRICULTURAL(OR LOCALLY SIGNIFICANT)SOILS—A group of soils identified as prime farmland by the Soil Survey of Frederick County Virginia, prepared by the United States Department of Agriculture, as amended. AISLE—The traveled way by which vehicles enter and depart parking spaces within a parking lot. ALTERATION — Any change in the total floor area, use or external appearance of an existing structure. ARTERIAL HIGHWAY A street so classified by the Virginia Department of Transportation (VDOT) or by the standards of Frederick County, which collects and distributes traffic to and from collector streets. AUTOMOBILE GRAVEYARD —Pursuant to Code of Virginia § 33.2-804, any lot or place that is exposed to the weather and upon which more than five(5)motor vehicles of any kind that are incapable of being operated and which it would not be economically practical to make operative are placed, located, or found. BEDROOM A private room planned and intended for sleeping, separable from other rooms by a door and accessible to a bathroom without crossing another bedroom or living room. BERM—A mound of earth utilized to separate and screen land uses. BOARD OF ZONING APPEALS—A board whose members are appointed by the Circuit Court for the express purpose of considering and acting on variances and zoning appeals. BUFFER An open area used to separate one (1)use from another. BUILDING Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any persons, animals,processes, equipment,goods or materials of any kind. BUILDING HEIGHT The vertical distance from the average finished grade at the front of the structure to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip and gambrel roofs. For structures that include appurtenant or other accessory roof features,the height shall be measured from the average finished grade at the front of the structure to the highest point of the feature. XI-2 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE BUILDING OFFICIAL—The Director of the Frederick County Building Inspections Department. CALIPER—The diameter of a tree as defined by the American Standard for Nursery Stock (ANSI Z60.1). CAPITAL IMPROVEMENTS PLAN or PROGRAM—A plan or program adopted by the Frederick County Board of Supervisors according to the provisions of the Code of Virginia, which recommends capital outlays by the County for a five (5)-year period. CAREGIVER Pursuant to Code of Virginia § 15.2-2292.1., an adult who provides for a mentally or physically impaired person within the Commonwealth.For purposes of the placement of a temporary family health care structure, a caregiver shall be either related by blood,marriage,or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom they are providing care. CHANNEL SCAR LINE The sloping margin of,or the ground bordering, a stream and serving to confine the water to the natural channel during the normal course of flow. It is best marked where a distinct channel has been eroded to the valley floor or where there is a cessation of land vegetation. CLEAR ZONE A designated area void of buildings, structures, fences, berms and vegetation. CODE OF ORDINANCES The laws which govern the territory of Frederick County, Virginia. May also be referred to in this Ordinance as"County Code"or"County Code of Ordinances". CODE OF VIRGINIA—The statute laws of the Commonwealth of Virginia, as codified. References to the Code of Virginia shall be construed to incorporate amendments thereof pursuant to Code of Virginia § 1-220, and any regulations promulgated pursuant the section incorporated. COMMERCIAL VEHICLE — Any vehicle (1) with a gross vehicle weight registered with the Virginia Department of Motor Vehicles or any other state or government agency as 12,000 pounds and greater and used for commercial purposes, or(2) any vehicle, regardless of weight, licensed as a"for hire" vehicle, or any limousine or bus used as a common or contract carrier vehicle. For purposes of this Ordinance, a commercial vehicle shall not be deemed to include any of the following: police vehicle, emergency vehicle, commuter van, motor home, camping trailer, boat trailer or similar recreational equipment used as a personal property and not for hire or used as a school van or bus. COMMON OPEN SPACE — Land that is used for recreational purposes, environmental resource protection, buffer areas, stormwater management areas and passive areas that are dedicated to the residents of a development or a property owners association for use and maintenance, and is protected to ensure that it remains in such uses,unless utilized under the provisions of Section 165-402.07.A. of this Ordinance. COMPATIBLE Capable of existing together in harmony; congruous. COMPREHENSIVE PLAN A general plan for the future development of Frederick County, adopted by the Frederick County Board of Supervisors as required by the provisions of the Code of Virginia § 15.2-2223. CONDITIONAL USE A use permitted in a particular zoning district only with the granting of a conditional use permit by the Board of Supervisors. XI-3 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE CONDITIONAL ZONING — As defined in Code of Virginia §§ 15.2-2201 and 15.2-2298, the allowing of reasonable conditions governing the use of such property,such conditions being in addition to,or modification of the regulations provided for a particular zoning district or zone by this Ordinance. CONSTRUCTION EQUIPMENT Heavy equipment or vehicles of a type used primarily by the construction industries. Such equipment may include, but is not limited to, bulldozers, backhoes, cement trucks, concrete mixers, construction tractors, cranes, derricks, dredging machinery, dump trucks, excavators, graders, hoists, pavers, power shovels, road construction and maintenance machinery, scaffolds,tank trucks,trenching machines, and water well drilling machinery. CONTIGUOUS Next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous. DECOMMISSIONING The removal and proper disposal of solar energy equipment, facilities, or devices on real property that has been determined by the County to be subject to § 15.2-2232 of the Code of Virginia and therefore subject to § 15.2-2241.2 of the Code of Virginia. "Decommission" includes the reasonable restoration of the real property upon which such solar equipment, facilities, or devices are located,including (i) soil stabilization and (11)revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities,or devices. DEDICATE The transfer of property by the owner to another party,typically a public entity,without monetary consideration. DEMOLITION—Complete or partial disturbance, dismantling or taking down of a structure or site by human effort. DENSITY The number of dwellings per area of land. DESIGNATED AGENT — Pursuant to the Code of Virginia § 15.2-2201, any agent employed or authorized by a locality and designated by the governing body to review and act on subdivision plats, site plans, and plans of development. The designated agent is either the Zoning Administrator or the Director of Planning and Development, as set forth more specifically throughout this Ordinance. DEVELOPER The legal or beneficial owner or owners of a lot or of any land included in a proposed development, including the holder of an option or contract to purchase, or other persons having enforceable proprietary interests in such land. DEVELOPMENT—Any man-made change to improved or unimproved real estate,including but not limited to construction of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. DIRECTOR OF PLANNING AND DEVELOPMENT — The Director of the Frederick County Department of Planning and Development. DISPLAY AREA—A specific area used for the purpose of displaying products and services offered by a business or organization located on the same property or a contiguous property which is appropriately zoned and with an approved site plan. DISTANCE BUFFER—A buffer based upon a required distance between the use to be buffered and the lot line of adjoining lots or parcels,within which a buffer is to be provided. XI-4 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE ACTIVE DISTANCE BUFFER This portion of a buffer area may not be encroached by a building or other principal structure or activity. However, accessory activities, such as parking, are permitted in this area. INACTIVE DISTANCE BUFFER The portion of a buffer area which permits no activity except the necessary utility functions provided by transmission lines, underground conduits, stormwater management, sidewalks,trails, etc. ROAD EFFICIENCY A linear distance containing landscaping and an opaque element that is intended to separate residential lots from interstate,limited access,arterial and major collector road systems. ROAD EFFICIENCY ACTIVE PORTION—A distance buffer located within a residential lot that may contain accessory structures. ROAD EFFICIENCY INACTIVE PORTION — A distance buffer located outside of a residential lot that is required to contain all landscaping elements of a full-distance buffer or all landscaping and opaque elements of a reduced-distance buffer. DISTRICT A zoning district established by this Ordinance. DISTURBANCE—The act of stripping vegetation, disturbing the soil, regrading or development of the land. DRAINAGE EASEMENT—An easement established to maintain and protect a drainageway. DRAINAGEWAY Any natural or artificial watercourse, trench, ditch, Swale or similar depression through which surface water flows. DRIVE-IN LANE Any driveway, aisle or travel lane which allows customers to receive goods or services while they remain in their vehicles. DRIVEWAY A private travelway for vehicles which provides access to a public street or road from a parking space, garage, dwelling, structure or use. EASEMENT A grant of one (1) or more of the property rights by the property owner to and/or for use by the public, a corporation,or another person or entity. ENVIRONMENTAL EASEMENT —An easement established to protect and maintain particular environmental features according to the environmental protection requirements of this Ordinance. FIRE CODE—The fire protection regulations adopted by the Frederick County Board of Supervisors; see Chapter 90 of the Frederick County Code of Ordinances. FLOOR AREA, GROSS The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating two (2) buildings. FLOOR AREA RATIO—The gross floor area of all buildings divided by the lot area. FOOTCANDLE A measure of light falling on a surface. One (1)footcandle is equal to the amount of light generated by one (1) candle shining on one (1) square foot surface located one (1) foot away. XI-5 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Footcandle measurements shall be made with a photometric light meter with a specified horizontal orientation. FOOTCANDLE (AVERAGE MAINTAINED) — The average of a number of points of footcandle calculations or footcandle readings in a given area which have been adjusted to account for maintenance,which includes lummaire dirt depreciation and lamp lumen depreciation. FULL SCREEN—Elements of landscape screen plus a six (6)-foot in height opaque fence, hedge, wall,mound or berm. GARAGE,PRIVATE —A deck,building or structure or part thereof used or intended to be used for the parking and storage of vehicles. GLARE—The sensation produced by a bright source within the visual field that is sufficiently brighter than the level to which the eyes are adapted to cause annoyance, discomfort, or loss in visual performance and visibility. The magnitude of glare depends on such factors as the size, position, brightness of the source, and the brightness level to which the eyes are adapted. GROSS AREA—The total area of the land contained within the boundaries of the lot or tract or within the perimeter boundaries of a development. GROSS DENSITY The total number of dwellings divided by the total gross area within the perimeter boundaries of a development.The "gross density" within a section of a development shall be the number of dwellings in the section divided by the total area of residential lots, common yard areas, common open space required in the section and right-of-way areas of roads and easements that are interior to the section. HABITABLE FLOOR —Any floor usable for living purposes, which includes working, sleeping, eating, cooking, or recreation, or a combination thereof, except for a floor used only for storage purposes. ILLUSTRATIVE SKETCH PLAN An illustrative plan that accurately depicts the development of a parcel or use meeting the requirements of this Ordinance. Illustrative site plans may be required for agricultural uses or as part of a conditional use permit. IMMEDIATE FAMILY—Any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, or parent of the property owner. IMPACT ANALYSIS A written statement describing the potential impacts of an application or development plan or proposal, including maps, plans, diagrams and other materials, and meeting all requirements set forth by the Frederick County Department of Planning and Development. IMPERVIOUS AREA Any area, generally paved or graveled, with a surface that prevents, or significantly reduces, absorption of stormwater into the ground. When calculating impervious area for landscaping purposes, retention and detention basins, dry wells, sidewalks, display areas, dumpster pads, and structures shall be excluded. INOPERABLE MOTOR VEHICLE—Pursuant to the Code of Virginia § 15.2-904: (i)Any motor vehicle which is not in operating condition; XI-6 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (ii) any motor vehicle which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for operation of the vehicle; or (iii) any motor vehicle on which there are displayed neither valid license plates nor a valid inspection decal, if located on a property for which a use permitted in the RA District is allowed,it either displays a farm use tag or is a vehicle,trailer, camping trailer, or semitrailer,primarily used for agricultural purposes. INTER-PARCEL CONNECTOR — An at-grade entrance between adjoining properties that is designed to facilitate vehicular access between land uses without use of the street system. LAKES AND PONDS —Natural or artificial bodies of water which retain water year round. Such bodies shall be considered to extend from the maximum water level plus an additional 10 feet. LANDSCAPE SCREEN A landscaped easement containing plants or other features approved by this Ordinance which provide a complete visual screen. LEGALLY NONCONFORMING SIGN Any sign lawfully existing on the effective date of an ordinance, or amendment thereto, that renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance. LEGALLY NONCONFORMING STRUCTURE A structure,the size,dimensions,or location of which was lawful prior to the adoption,revision, or amendment to the Zoning Ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district. LEGALLY NONCONFORMING USE —A use or activity that was lawful prior to the adoption, revision or amendment of the Zoning Ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district. LIGHTING FIXTURE —A complete lighting unit consisting of the lamp, lens, optical reflector, housing and any electrical components necessary for ignition and control of the lamp, which may include a ballast, starter and/or photo control. LIGHTING FIXTURE, DIRECTIONALLY SHIELDED A lighting fixture which emits a light distribution where some light is emitted at or above a horizontal plane located at the bottom of a fixture. Such fixtures may contain visors,louvers,or other types of shields or lenses which are designed to direct light onto a target area and to minimize stray light. LIGHTING FIXTURE,FULL-CUTOFF A lighting fixture from which 0%of its light output is emitted at or above 90'from horizontal(a horizontal plane drawn through the bottom of the light fixture) and no more than 10%above 80' from the horizontal. LIGHTING FIXTURE, RECESSED CANOPY—An outdoor lighting fixture recessed into a canopy ceiling so that the light source is either completely flush or recessed within the underside of the canopy. LIGHT TRESPASS — Unwanted light going beyond the property line and spilling over onto the adjacent or neighboring property. It can also represent the direct light (glare) that reduces a person's vision or ability to see. XI-7 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE LOADING AREA An off-street area containing loading spaces and maneuvering areas, as well as their associated driveways. LOADING SPACE An off-street space used for loading or unloading by commercial, industrial, public,or semipublic vehicles. LOT A designated parcel,tract or area of land established or to be established by plat or subdivision or previously established as a recorded lot. LOT,CORNER A lot abutting two (2)or more streets at their intersection. LOT, PIPESTEM A residential lot fronting on a public or a private street in which access is provided by a narrow strip of land,referred to as the "pipestem driveway yard," which is less than the minimum required front yard width, and located between adjoining residential lots fronting on the same street. LOT AREA The total area within the lot lines of a lot. LOT LENGTH The distance between the front lot line and the rear lot line measured at the maximum distance. LOT LINE,FRONT The line separating a lot from a street right-of-way. LOT LINE, REAR—The lot line opposite and parallel to the front lot line or within 45' of being parallel to the front lot line. LOT LINE,SIDE Any lot line other than front or rear lot lines. LOT OF RECORD A lot for which a plat or survey description has been legally recorded with the Frederick County Clerk of the Circuit Court. LOT WIDTH The horizontal distance between side lot lines. MAINTAINED LIGHTING LEVEL A level of illumination which results when the initial output of the lamp is reduced by certain light loss factors. Such light loss factors typically include lamp depreciation and dirt accumulation on lenses and other light fixture components.For the purpose of this Ordinance, the maintained lighting level shall represent an average footcandle level measured over a specified area. MANEUVERING AREA A traveled way by which commercial, industrial, public, or semipublic vehicles enter and depart loading spaces. MANEUVERING AREA, PARKING LOT—A traveled way, including driveways and aisles, by which vehicles enter and depart parking spaces. MASTER DEVELOPMENT PLAN —A general plan of development for new developments in certain zoning districts before subdivision or site plan approval, according to the requirements of this Ordinance. MENTALLY OR PHYSICALLY IMPAIRED PERSON A person who is a resident of Virginia and who requires assistance with two (2) or more activities of daily living, as defined in Code of Virginia§ 63.2-2200, as certified in a writing provided by a physician licensed by the Commonwealth. XI-8 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE MINIMUM LANDSCAPED AREA—The minimum area or portion of a lot or parcel that must be landscaped with grass,vegetation or other landscaping materials,not including pavement or structures. NATURAL STORMWATER RETENTION AREA Areas of poorly drained soils which are subject to periodic flooding and act as areas to temporarily store stormwater. In some cases, "natural stormwater retention areas" will contain floodplain and wetland areas. NATURAL WATERWAY Creeks, streams,runs,or other annual or perennial waterways identified on United States Geological Survey,Commonwealth of Virginia or Frederick County maps. NUISANCE —An activity which annoys, vexes or creates a health hazard or that which, by its existence, created annoyance, injury or damage to persons or property. OCCUPANCY PERMIT—A required permit allowing occupancy of a building,structure or use after it has been determined that the building, structure or use meets all the requirements of the Frederick County Code. OFF-STREET PARKING SPACE A temporary storage space for a motor vehicle with access to an aisle and driveway which is not located within a street or road right-of-way. OPAQUE—Not transparent or translucent. OPAQUE FENCE A fence that is constructed to visually obscure structures, outdoor storage areas, and other uses.A chain-link fence with slats shall not constitute an opaque fence. OUTDOOR STORAGE AND PROCESSING—The keeping or processing of goods,junk,material, merchandise or vehicles outside of an enclosed building and in the same place. OWNER—An individual, firm,association, syndication,partnership or corporation having sufficient proprietary interest to seek development of land. PARCEL A lot or tract of land. PARK A tract of land designated and used for active and passive recreation. PARKING AISLE —A vehicle access aisle used to provide direct access to a parking space in a parking lot. PARKING LOT An off-street, paved parking area containing parking spaces, aisles and other improvements. PEDESTRIAN ACCESS Means by which individuals can travel on foot outside of private lots and street travelways. PERIMETER BOUNDARY The exterior boundary of a development contained within a single site plan or master development plan. PLANNED COMMUNITY—A development contained in the R4 Residential Planned Community District. PLANNING COMMISSION—The Frederick County Planning Commission. PROFFER—The voluntary offering of conditions to be placed on the approval of a rezoning. XI-9 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE PROPERTY OWNERS' ASSOCIATION — A private, nonprofit organization or corporation of property owners, established to own,operate and maintain various common facilities or properties. PUBLIC WATER OR SEWER SYSTEM A water or sewer system owned and operated by a municipality or public authority. RAISED ISLAND A built-up structure containing curbing or curb and gutter, placed within or at the end of parking rows and within property entrances to guide traffic and/or provide space for landscaping, signage, or lighting. RECREATIONAL VEHICLE—A vehicle which is: A. Built on a single chassis; B. Four hundred(400)square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light-duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping,travel or seasonal use. RELATED RESIDENTIAL LAND USE — A dwelling, structure or facility that has a specific affiliation with or whose residents receive a direct benefit from hospitals, medical centers, medical offices, clinics, and schools of medicine. RETAIL PETROLEUM PUMP CANOPY — A roof-like structure designed to cover a retail petroleum pump island. RETAIL USES Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. "Retail uses" shall not include coal, wood and lumber yards. REZONE To change the zoning district classification of a particular lot,parcel or area. RIGHT-OF-WAY— Land dedicated or reserved for or occupied by a road, railroad, utility or other similar use. ROAD — A street dedicated to or owned by Frederick County or the Virginia Department of Transportation; also, privately owned rights-of-way which serve as the principal means of access to more than one (1)property. SCENIC AREA An open area,the natural features of which are visually significant or geologically or botanically unique. SCREENING A method of visually shielding or obscuring one (1) abutting or nearby structure or use from another by fencing,walls,berms,or densely planted vegetation. SEARCH AREA A geographic area in which a commercial telecommunication facility site may be located that would satisfactorily cover a targeted area and/or hand-off with its neighboring sites. SEASONAL USE—Any use which ceases operation for at least three (3)months in a year. SEMITRAILER—Every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. XI-10 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE SETBACK—The required distance between a building or structure and a lot line. SETBACK, FRONT YARD The required distance between a street right-of-way line and the front line of a building or structure. SETBACK, REAR YARD—The required distance between a building or structure and the rear lot line of the lot containing the building or structure. SETBACK, SIDE YARD The required distance between a building or structure and the side lot line of the lot containing the building or structure. SEWAGE TREATMENT FACILITY Any device or system used in the storage, treatment, disposal or reclamation of sewage and industrial wastes generated by more than two (2) uses or dwellings. SIGN Any object, device, display, structure, fixture, painting, emblem, or visual, or part thereof, that is designed to use words, designs, figures, graphics, colors, illumination or projected images, fixtures, symbols,numbers,or letters for the purpose of communicating a message. SIGN,ANIMATED Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. SIGN,COTTAGE OCCUPATION—Any additional signage permitted on a parcel as a result of the County approving a conditional use permit for a cottage occupation on the parcel. SIGN,ELECTRONIC—Any sign with fixed or changing graphics composed of a series of lights or light-emitting devices that may be changed through electric or electronic means. SIGN, FLAG Any piece of cloth or bunting, with distinctive colors, patterns, or symbolic devices,that may constitute, among other things, a governmental or organizational symbol,or that may be decorative. SIGN, FLASHING —Any sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever. SIGN,ILLUMINATED—Any sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign. SIGN,INCIDENTAL WINDOW—Any sign displayed in a window. SIGN,INFLATABLE—Any sign that is an air-inflated object,which may be of various shapes, made of flexible fabric, resting on the ground or structure, and equipped with a portable blower motor that provides a constant flow of air into the device. SIGN,INTERSTATE OVERLAY—Any on-premises business sign located within the Interstate Area Overlay District meeting all requirements of Article V,Part 505 of this Ordinance. SIGN,MONUMENT—Any freestanding sign placed directly on the ground by means other than a support pole or brace in which the message portion is either on top of, or affixed to,the support structure. The width of the support structure for the monument sign must be a minimum of 50%of the width of the sign face area. XI-11 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE SIGN, ON-PREMISES MULTI-TENANT COMPLEX—Any sign relating to more than one (1) business, profession, produce, service, event, or other commercial or noncommercial activity sold,offered, or conducted on the same parcel of land where the sign is located. SIGN, OFF-PREMISES —Any sign relating to a business, profession, product, service, event, or other commercial or noncommercial activity not sold, offered, or conducted on the same parcel of land where the sign is located. SIGN,ON-PREMISES—Any sign relating to a business,profession,product, service, event, or other commercial or noncommercial activity sold,offered,or conducted on the same parcel of land where the sign is located. SIGN, RESIDENTIAL SUBDIVISION IDENTIFICATION Any sign which denotes the name of a residential subdivision, condominium,or apartment complex. SIGN,ROOF Any sign that is mounted on the roof of a building or a sign that projects above the top wall or edge of a building with a flat roof,the eave line of a building with a gambrel,gable, or hip roof, or the deck line of a building with a mansard roof. SIGN, SNIPE Any sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles,stakes,fences,public benches,streetlights,or other objects,or placed on any public property or in the public right-of-way or on any private property without the permission of the property owner. SIGN, TEMPORARY Any sign designed or intended to be moved easily that is not permanently attached to the ground or affixed to a building or other structure. May also include banner signs. SIGN,WALL-MOUNTED —Any sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for the sign. SIGN AREA The sign area will be measured as the area of a sign face with the smallest square, circle, rectangle, triangle or combination thereof that encompasses the extreme limits of the words, designs, figures, graphics, colors, illumination or projected images, fixtures, symbols, numbers, or letters or any part or combination thereof together with any materials or colors forming an integral part of the background of the sign face or used to differentiate the sign from the backdrop or structure against which it is placed. In the case of a double-faced sign where the interior angle formed by the faces is 45' or less or where the sign face is parallel,only one (1)display face will be used in calculating the area. SINGLE-FAMILY A single person, or two (2) or more persons related by blood or marriage occupying a dwelling, living together and maintaining a household, which may include not more than one (1) unrelated person; however, not more than four (4) unrelated persons occupying a dwelling, living together and maintaining a household shall be deemed to constitute a"single family." SINKHOLE Any depression in the surface of the ground which provides a means through which surface water can enter directly into subsurface aquifers. SITE PLAN—A plan of development which contains detailed engineering drawings of the proposed uses and improvements required in the development of a given parcel or use meeting the requirements XI-12 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE of this Ordinance. In all Articles of this Ordinance, where the term "site plan" is used, it also includes the term "minor site plan." STEEP SLOPES Land areas where the slope exceeds 35%. STORMWATER MANAGEMENT FACILITY A facility designed to Virginia Erosion and Stormwater Management Act(VESMA) standards that is intended for the control and management of stormwater to minimize the detrimental effects of surface water runoff. STREET A roadway dedicated to or owned by Frederick County or the Virginia Department of Transportation; also, privately owned rights-of-way which serve as the principal means of access to more than one (1)property. STREET,ARTERIAL—A street so classified by the Virginia Department of Transportation or by Frederick County which collects and distributes traffic to and from collector streets. STREET, COLLECTOR—A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County,designed to collect and distribute traffic to and from local streets. STREET ENTRANCE The location where at-grade access from a street to a parcel is provided. STREET INTERSECTION—The location where two (2)or more streets cross at grade without a bridge. STREET,LOCAL A street, so classified by the Virginia Department of Transportation or by the standards of Frederick County,designed to provide access to adjoining or abutting properties. STREET, PRIVATE A street that has not been accepted by the County of Frederick or the Virginia Department of Transportation for use by the public. STREET,URBAN COLLECTOR—A public or private street that is constructed to the American Association of State Highway and Transportation Officials(AASHTO)geometric design standards for urban collector street systems. STREET, URBAN LOCAL A public or private street that is constructed to the American Association of State Highway and Transportation Officials(AASHTO)geometric design standards for urban local street systems. STRUCTURE —Any man-made object having an ascertainable stationary location on or in land or water,whether or not it is affixed to the ground.All buildings are structures.For floodplain management purposes, see Section 165.1003.02 of this Article. TEMPORARY TRAILER A manufactured home or trailer to be removed after a designated time period. TEMPORARY USE —A use established for a designated fixed period of time with the intent to discontinue such use upon the expiration of the time period. TRACTOR-TRAILER TRUCK A motor vehicle with a short chassis and a swivel (fifth wheel), with a trailer pulled by the tractor designed to be used to haul freight. XI-13 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE TRACTOR TRUCK—Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto. TRACTOR TRUCK TRAILER The portion of a tractor truck without motive power,designed for carrying property or passengers wholly on its own structure. TRASH HEAP An area where trash, garbage or other solid wastes are deposited without being covered by a sanitary fill. TREE,DECIDUOUS—Trees which drop their foliage annually before becoming donnant. TREE,EVERGREEN Trees with foliage which remain green year-round. TRUCK Every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. USE —Any purpose for which a lot or structure may be designed, arranged, intended, maintained or occupied or any activity,occupation,business or operation carried on a parcel of land. VARIANCE Pursuant to Code of Virginia§ 15.2-2201,a reasonable deviation from those provisions regulating the shape, size or area of a lot or parcel of land, or the size,height, area,bulk or location of a building or structure when the strict application of this Ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided that such variance is not contrary to the purpose of this Ordinance. VESTED RIGHT - Any written order, requirement, decision, or determination regarding the permissibility of a specific use, structure, or density of a landowner's property that constitutes a significant affirmative governmental act pursuant to Code of Virginia§ 15.2-2307 and is issued in strict accordance with the requirements of this Ordinance. WATERCOURSE —A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. WETLANDS —Areas that are inundated or saturated by surface or groundwater at a frequency or duration sufficient to support,and that under normal conditions does support,a prevalence of vegetation typically adapted for life in saturated soil conditions, and that is subject to a perpetual easement permitting inundation by water. ZONING ADMINISTRATOR —The administrative officer designated by the Frederick County Board of Supervisors to administer this Ordinance. ZONING MAP—The official zoning map of Frederick County,Virginia. Part 1103. Overlay District Terms. Section 165-1103.01. Airport District. AIRPORT—Winchester Regional Airport. XI-14 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE AIRPORT ELEVATION—The highest point on any usable landing surface expressed in feet above mean sea level. AIRPORT HAZARD Any man-made structure or object of natural growth located on or in the vicinity of a public airport or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft. APPROACH SURFACE —A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone. CONICAL SURFACE A surface extending horizontally 20 feet for every one (1) foot vertically from the periphery of the horizontal surface. HORIZONTAL SURFACE A horizontal plane 150 feet above the established airport elevation,the perimeter of which in plan coincides with the perimeter of the horizontal zone. LDN —A term referring to the average day-night sound level for areas adjacent to the Winchester Regional Airport. LDN MAP —A map showing the average day-night sound levels of 65 LDN and above for areas adjacent to the Winchester Regional Airport. NOISE EASEMENT A required easement within the Winchester Regional Airport's noise abatement area as specified in the Airport District. PRIMARY SURFACE A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface,the"primary surface" extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface or planned hard surface, the "primary surface" ends at each end of that width prescribed in Part 77 of the Federal Aviation Administration regulations for the most precise approach existing or planned for either end of that runway. The elevation of any point on the "primary surface" is the same as the elevation of the nearest point on the runway center line. RUNWAY A specified area on an airport prepared for landing and takeoff of aircraft along its length. TRANSITIONAL SURFACE—Surface which extends outward perpendicular to the runway center line extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Section 165-1103.02. Floodplain Districts. APPURTENANT OR ACCESSORY STRUCTURE For floodplain management purposes, a nonresidential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure.Accessory structures within the SFHA are not to exceed 600 square feet. BASE FLOOD The flood having a one-percent (1%) chance of being equaled or exceeded in any given year. XI-15 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE BASE FLOOD ELEVATION (BFE) —The water surface elevations of the base flood, that is, the flood level that has a one-percent (1%) or greater chance of occurrence in any given year. The water surface elevation of the base flood in relation to the datum specified on the County's Flood Insurance Rate Map. For the purposes of this Ordinance, the base flood is the one-percent (1%) annual chance flood. BASEMENT—Any area of the building having its floor subgrade (below ground level)on all sides. ELEVATED BUILDING A nonbasement building built to have the lowest floor elevated above the ground level by means of fill, solid-foundation perimeter walls,pilings,or columns(posts and piers). ENCROACHMENT With respect to a floodplain, an encroachment shall be the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain,which may impede or alter the flow capacity of a floodplain. EXISTING CONSTRUCTION—Structures for which the start of construction commenced before the effective date of the FIRM or before July 17, 1978, for FIRMS effective before that date. Existing construction may also be referred to as"existing structures"and"pre-FIRM." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed(including,at a minimum,the installation of utilities,the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the County. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION—The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities,the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD INSURANCE RATE MAP(FIRM) An official map of the County on which the Federal Emergency Management Agency has delineated both the special hazard areas and the risk-premium zones applicable to the community.A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map(DFIRM). FLOOD INSURANCE STUDY(FIS)—A report by FEMA that examines,evaluates and determines flood hazards and,if appropriate,corresponding water surface elevations,or an examination,evaluation and determination of mudflow and/or flood-related erosion hazards. FLOOD or FLOODING— A. A general or temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of inland or tidal waters; (2) The unusual and rapid accumulation or runoff of surface waters from any source; (3) Mudflows which are proximately caused by flooding as defined in Subsection A(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current. XI-16 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE B. The collapse or subsistence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm,or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in A(1) of this definition any source. FLOODPLAIN or FLOOD-PRONE AREA—Any land area susceptible to being inundated by water from any source. FLOODPROOFING Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property,water and sanitary facilities, structures and their contents. FLOODWAY—The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot at any point within the community. FREEBOARD A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS —Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA,used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles. LETTERS OF MAP CHANGE (LOMC) A Letter of Map Change is an official FEMA determination, by letter, that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include: A. LETTER OF MAP AMENDMENT(LOMA)—An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area.A LOMA amends the current effective Flood Insurance Rate Map and establishes that a land as defined by metes and bounds or structure is not located in a special flood hazard area. B. LETTER OF MAP REVISION (LOMR) A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and plammetric features.A Letter of Map Revision Based on Fill (LOMR-F) is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is,therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the County's floodplain management regulations. XI-17 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE C. CONDITIONAL LETTER OF MAP REVISION (CLOMR)—A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas.A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study. LOWEST ADJACENT GRADE —The lowest natural elevation of the ground surface next to the walls of a structure. LOWEST FLOOR — The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure,usable solely for parking of vehicles,building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Federal Code 44 CFR 60.3. MEAN SEA LEVEL For purposes of the National Flood Insurance Program,the National Geodetic Vertical Datum(NGVD)of 1929 or the North American Vertical Datum(NAVD)of 1988 to which base flood elevations shown on a community's FIRM are referenced. MANUFACTURED HOME—For floodplain management purposes the term "manufactured home" also includes park trailers,travel trailers,and other similar vehicles placed on a site for greater than 180 consecutive days. NEW CONSTRUCTION For the purposes of determining insurance rates,structures for which the start of construction commenced on or after July 17, 1978, and includes any subsequent improvements to such structures.For floodplain management purposes,new construction means structures for which start of construction commenced on or after the effective date of a floodplain management regulation adopted by the County and includes any subsequent improvements to such structures. NEW MANUFACTURED (MOBILE) HOME PARK OR SUBDIVISION A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads)is completed on or after the effective date of the floodplain management regulations adopted by the county. POST-FIRM STRUCTURE — A structure for which construction or substantial improvement occurred on or after July 17, 1978. PRE-FIRM STRUCTURE A structure for which construction or substantial improvement occurred before July 17, 1978. REPETITIVE LOSS STRUCTURE A building covered by a contract for flood insurance that has incurred flood-related damages on two(2)occasions in a 10-year period in which the cost of the repair, on the average, equaled or exceeded 25% of the market value of the structure at the time of each such flood event; and, at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage. SEVERE REPETITIVE LOSS STRUCTURE—A structure that: A. Is covered under a contract for flood insurance made available under the NFIP; and B. Has incurred flood-related damage: XI-18 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE (1) For which four (4) or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding $5,000, and with the cumulative amount of such claims payments exceeding $20,000; or (2) For which at least two(2)separate claims payments have been made under such coverage,with the cumulative amount of such claims exceeding the market value of the insured structure. SHALLOW FLOODING AREA A special flood hazard area with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. SPECIAL FLOOD HAZARD AREA—The land in the floodplain subject to a one percent (1%) or greater chance of being flooded in any given year as determined in Section 165-502.11 of this Ordinance. START OF CONSTRUCTION The date the building permit was issued,provided the actual start of construction,repair, reconstruction,rehabilitation, addition, placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling;nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement,the actual start of the construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE—For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank,that is principally above ground,as well as a manufactured home. SUBSTANTIAL DAMAGE — Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50%of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT A. Any reconstruction,rehabilitation, addition or other improvement of a structure,the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement.The term does not,however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary,or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. B. Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement, as defined above,must comply with all ordinance requirements that do not preclude XI-19 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE the structure's continued designation as an historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic Places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer.Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure. VIOLATION—For floodplain management purposes,violation includes the failure of a structure or other development to be fully compliant with the County's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Ordinance is presumed to be in violation until such time as that documentation is provided. Section 165-1103.03. Historic Area Overlay Zone. CONTRIBUTING STRUCTURE OR SITE A structure or site within an HA District, at least 50 years of age, which possesses historical, architectural or cultural significance and has not been physically altered enough to substantially detract from its historical integrity. In addition, structures or sites at least 50 years of age which might not possess significant merit when considered alone may be considered contributing if they have significance relative to their patterns of development and/or their relationships with landmarks,buildings,structures or sites determined to be of historical,cultural and/or architectural significance. HISTORIC AREA—Pursuant to the Code of Virginia§ 15.2-2201, an area containing one (1)or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation. HISTORIC STRUCTURE—Any structure that is: A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior)or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior; or (2) Directly by the Secretary of the Interior in states without approved programs. NONCONTRIBUTING STRUCTURE Any structure within an HA District not listed as a contributing structure. XI-20 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE SIGNIFICANT EXTERIOR ALTERATION—Any change in the exterior appearance of a structure, excluding minor changes,such as painting,minor repairs and installation of easily removed equipment, such as air conditioning and/or storm doors or windows. Part 1104. Transfer of Development Rights Terms. Section 165-1104.01. Transfer of Development Rights Program. DEVELOPMENT RIGHTS—The permitted uses and density of development that is allowed on a sending property under any zoning ordinance of the County on a date of transfer of such rights. For purposes of this Ordinance, "transferable development rights"are included in this definition. EXTINGUISHMENT OF DEVELOPMENT RIGHTS The process by which development rights from a sending property are severed from the sending property to a receiving property or transferee, pursuant to the transfer of development rights program under Article X of this Ordinance. RECEIVING AREA — One (1) or more areas identified in this Ordinance and designated by the Comprehensive Plan as an area authorized to receive development rights transferred from a sending area. RECEIVING PROPERTY A lot or parcel of land within a receiving area and within which development rights are increased pursuant to a transfer of development rights affixed to the property. SENDING AREA One (1) or more areas identified in this Ordinance and designated by the Comprehensive Plan as an area from which development rights are authorized to be severed and transferred to a receiving area. SENDING PROPERTY— One (1) or more areas identified by an ordinance and designated by the Comprehensive Plan as an area from which development rights are authorized to be severed and transferred to a receiving area. SEVERANCE OF DEVELOPMENT RIGHTS—The process by which development rights from a sending property are severed pursuant to the provisions of this Ordinance. TRANSFER OF DEVELOPMENT RIGHTS The procedure prescribed by Article X of this Ordinance whereby the owner of a parcel in a sending area may convey development rights to the owner of a parcel in a receiving area or to another person or entity, whereby the development rights so conveyed are severed or extinguished on the sending property and may be exercised on the receiving parcel in addition to the development rights already existing regarding that parcel or may be held by the receiving person or entity. TRANSFER OF DEVELOPMENT RIGHTS LETTER OF INTENT A letter issued by the Director of Planning and Development or his designee determining the number of residential development rights a sending property has available for transfer to a receiving property or transferee. TRANSFER OF DEVELOPMENT RIGHTS (TDR) CERTIFICATE A letter issued by the Director of Planning and Development or his designee agreeing to sever a specified number of residential development rights from a sending property in exchange for a restrictive deed covenant to which Frederick County is a party to on the sending property that restricts further development. XI-21 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE TRANSFERABLE DEVELOPMENT RIGHTS—All or that portion of development rights that are transferred or are transferable. TRANSFEREE A person or legal entity that owns property in a receiving area or who receives and holds development rights from a sending property. TRANSFEROR The person or legal entity,including a person or legal entity that owns property in a sending area,who conveys development rights. Part 1105. Use Terms. Section 165-1105.01. Agricultural. AGRICULTURAL SUPPLY COOPERATIVES — An agricultural cooperative association, organized under Article 2 of Chapter 3 of Title 13.1 of the Code of Virginia,that is primarily engaged in the retail or wholesale distribution of livestock and animal feed, fertilizers, agricultural chemicals, pesticides, seeds, and other agricultural products or services. AGRICULTURE and FARMING—Any of the following activities: A. Cultivating the soil or raising or harvesting any agricultural or horticultural commodity on a farm, including the raising, shearing, feeding,caring for,training and management of animals. B. Handling,drying,packing,grading or storing on a farm any agricultural or horticultural commodity in its unmanufactured state but only if the owner,tenant or operator of the farm regularly produces more than 1/2 of the commodity so treated. C. The proposal to develop or the actual development of a forest either through planting or natural regeneration, or both,or the actual maintenance of a forest by applying proven forest management practices. Such land shall,at the time of consideration as forest land,actually carry sufficient forest growth of suitable character and so distributed to give reasonable assurance that a stand of merchantable timber is developed therefrom. AGRITOURISM— Pursuant to Code of Virginia § 3.2-6400, any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions.An activity is an agritourism activity whether or not the participant paid to participate in the activity. CHICKEN COOP—A fully enclosed and covered structure,permanent or transportable,that provides a living area for chickens with adequate protection from the elements and predators. Chicken coops may include an outdoor running space (pen). DAIRY—A commercial establishment for the manufacture and sale of dairy products. FARM BREWERY A brewery licensed as a limited brewery under Subsection 4 of§ 4.1-206.1 of the Code of Virginia. FARM DISTILLERYA distillery licensed as a limited distillery under Subsection 2 of§ 4.1-206.1 of the Code of Virginia. XI-22 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE FARMER'S MARKET Retail sale of fresh fruit and vegetables, and other food and related items, horticultural products and livestock at a facility with space occupied by one (1) or several different tenants on a short-term or daily basis; may be indoor or outdoor; this term does not include wayside stands,roadside stands or wayside markets. FARM STAY — Any guest accommodation on a working farm. In addition to overnight accommodations on site,guests may participate in rural activities,including farming,animal husbandry, ranching,harvest-your-own activities,natural activities and attractions. FARM WINERY A winery licensed as a farm winery under Subsection 6 of§4.1-206.1 of the Code of Virginia. HOG FARM—A farm where hogs are produced and kept. SAWMILLS and PLANING MILLS A. TYPE A A mill located on a single parcel of land used for the sawing or processing of standing trees or their wood or timber, harvested only from that parcel or only from parcels immediately contiguous thereto. B. TYPE B—A mill for sawing or processing of standing trees or their wood or timber. SLAUGHTERHOUSES Establishments primarily engaged in the slaughtering or processing of meats for human consumption or other related products. The word "slaughterhouse," as used in this definition, shall not be construed to prohibit persons who are actually farmers from killing their own cattle, sheep, swine,goats and fowl for their own family use. STABLE, COMMERCIAL —A building, group of buildings, or use of land, or any combination thereof, where, for compensation, whether monetary or goods, provision is made for horses or ponies for hire or instruction in riding. WAYSIDE STAND,ROADSIDE STAND OR WAYSIDE MARKET—Any structure or land used for the sale of agricultural or horticultural produce,livestock or merchandise produced by the owner or his family on their farm. Section 165-1105.02. Residential. ADULT CARE RESIDENCES —A public or private establishment operated or maintained for the maintenance or care of four(4)or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting.Adult care residences do not include facilities or portions of a facility licensed by the State Board of Health or the Virginia Department of Behavioral Health and Developmental Services; and the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; and a facility or portion of a facility serving infirm or disabled persons between the ages of 18 and 21. AGE-RESTRICTED Pursuant to Code of Virginia § 36-96.7, housing intended for and occupied by older persons. The housing must include the publication of, and adherence to, policies and procedures which demonstrate an intent by the owner(s) and manager(s) to provide housing for older persons. XI-23 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE ASSISTED-LIVING FACILITY —A building or series of buildings containing residential living facilities for older, disabled or infirm persons and which provides personal and health care services, twenty-four(24)hour supervision,and various types of assistance(scheduled and unscheduled)in daily living and meeting the requirements of Code of Virginia § 63.2-1800 et seq. BED-AND-BREAKFAST An owner- or operator-occupied single-family detached dwelling unit which contains no more than one (1) kitchen and 10 or fewer guest rooms which are occupied for sleeping purposes by guests, other than temporary personal guests of a family in a dwelling unit, for compensation, with or without meals. A bed-and-breakfast may include banquet/event facilities for private parties as an accessory use. BOARDING- OR ROOMING HOUSE A dwelling or part thereof where, for compensation, lodging and meals are provided to boarders. CONTINUING-CARE RETIREMENT COMMUNITY (CCRC) —Pursuant to Code of Virginia § 36-96.7, a housing development on one (1)parcel of land that meets the requirements for housing for older persons that is planned, designed and operated to provide a full range of accommodations for older persons, including independent-living facilities, congregate-care facilities, assisted-living facilities and nursing home(skilled-care)facilities.CCRCs must also include ancillary facilities for the further enjoyment, service or care of the residents. In a CCRC residents may move from one (1)level to another level of housing accommodations as their needs change. Continuing care residential communities may not contain individual parcels and may not include condominium options; the community must be developed as one(1)parcel that is owned and operated by one(1)entity that offers rental options for the residential units. CONVALESCENT AND NURSING HOMES—An extended-or intermediate-care facility licensed or approved to provide full-time convalescent or chronic care to individuals who,by reason of advanced age, chronic illness or infirmity,are unable to care for themselves. COTTAGE OCCUPATION—An occupation or profession customarily carried on in a dwelling unit or an accessory building. DORMITORY,MEDICAL AND ALLIED HEALTH A building used as a group living quarters for students and medical and allied health personnel that is owned by a hospital,medical center, clinic, university,college,or professional school. DWELLING A residential structure or portion thereof which is used exclusively for human habitation. DWELLING, ATTACHED A dwelling with two (2) or more single-family dwelling units which are generally joined together by an above-grade common party wall extending from the lowest floor to the roof or by a common floor-ceiling.A common floor-ceiling shall be the floor of one (1) unit that is shared with the ceiling of another unit in vertically stacked dwelling units. 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 (1)dwelling unit to another. DWELLING,DETACHEDA dwelling that is not attached to any other dwelling by any means. XI-24 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE DWELLING, MULTIFAMILY —A building or portion thereof containing more than two (2) dwelling units and not classified as a single-family attached dwelling with not more than one (1) family occupying each dwelling unit. DWELLING, SEMIDETACHED A dwelling attached to one (1) or more dwellings by a common vertical wall,with each dwelling located on a separate lot. DWELLING,SINGLE-FAMILY A structure,not including manufactured homes, arranged or designed to be occupied by one (1)household. DWELLING, SINGLE-FAMILY DETACHED CLUSTER —A fully detached, single-family residence on an individual lot,with private yards on all four(4) sides. DWELLING, SINGLE-FAMILY DETACHED RURAL TRADITIONAL—A fully detached, large lot single family residence on an individual lot with private yards on all four(4)sides,without public water and sewer. DWELLING, SINGLE-FAMILY DETACHED TRADITIONAL—A fully detached, large-lot single-family residence with private yards on all four (4) sides without required common open space. DWELLING, SINGLE-FAMILY DETACHED URBAN — A fully detached, single-family residence on an individual lot with private yards on all four(4)sides. DWELLING, SINGLE-FAMILY DETACHED ZERO LOT LINE —A fully detached, single- family residence on an individual lot,where the structure is set on one(1)of the side property lines, with a maintenance easement on the adjoining lot. DWELLING, SINGLE-FAMILY SMALL LOT — A single-family detached or attached residence on an individual lot,with no more than two (2)units attached together. FAMILY DAY HOME (1-4 children) —A child day program, as defined under Code of Virginia § 22.1-289.02, for children offered in the residence of the provider for up to four(4)children at any one (1) time, exclusive of the provider's own children and any children who reside in the home, when at least one (1)child receives care for compensation. FAMILY DAY HOME (5-12 children)—A child day program, as defined under Code of Virginia § 22.1-289.02,for children offered in the residence of the provider for five(5)through 12 children at any one (1)time, exclusive of the provider's own children and any children who reside in the home,when at least one (1)child receives care for compensation. GARDEN APARTMENT—Buildings at least two(2)stories high but no more than four(4)stories in height 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. GROUP HOME As provided by Code of Virginia § 15.2-2291, a licensed residential facility in which no more than eight(8)mentally ill,intellectually disabled,or developmentally disabled persons or no more than eight (8) aged, infirmed, or disabled persons reside, with one (1) or more resident counselors or other resident or nonresident staff persons, shall be considered a residential occupancy by a single family. Mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia§54.1-3401. Such facility shall be XI-25 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE licensed by the Virginia Department of Behavioral Health and Developmental Services (Code of Virginia §15.2-2291). COMMUNITY CORRECTIONAL FACILITY Pursuant to Code of Virginia§53.1-1.,any group home, halfway house, or other physically unrestricting facility used for the housing,treatment or care of adult offenders established or operated with funds appropriated to the Department of Corrections from the state treasury and maintained or operated by any political subdivision,combination of political subdivisions or privately operated agency within the Commonwealth. HOME OCCUPATION An occupation or profession customarily carried on in a dwelling unit. INDEPENDENT-LIVING FACILITY A building or series of buildings containing independent dwelling units or individual housing units to include: single-family detached,duplex or multiplex units. Independent-living facilities are intended to provide housing for older persons not requiring health or other services offered through a central management structure/source. The facility may include ownership or rental units and must be subject to appropriate covenants, conditions, management policies or other procedures to ensure that the facility provides only housing for older persons (as defined in Code of Virginia§ 36-96.7). MANUFACTURED HOME —A "single-wide," "double-wide," or "triple-wide" structure that is transportable in one (1)or more sections,is eight(8)feet or more in width and forty (40)feet or more in length in the traveling mode, is built on a permanent chassis and is designed for use as a dwelling unit with or without a permanent foundation when connected to the required utilities. For purposes of this Ordinance, a Manufactured Home must meet the standards promulgated by the United States Department of Housing and Urban Development(HUD),published at 24 CFR Part 3280,including the ANSI standards incorporated therein by reference. For purposes of this Ordinance, a Manufactured Home must bear a data plate declaring that it meets HUD standards. For floodplain management purposes see Section 165.1003.02 of this Article. MANUFACTURED HOME PARK OR SUBDIVISION A parcel (or contiguous parcels) of land or a subdivision divided into two (2) or more manufactured home lots for rent or sale. MULTIPLEX - An attached residence containing three (3) to four (4) 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. SHORT-TERM LODGING (STL) Any occupancy of all or part of a dwelling or manufactured home for a period of 30 days or less. TEMPORARY FAMILY HEALTH CARE STRUCTURE Pursuant to the Code of Virginia § 15.2-2292.1., a transportable residential structure, providing an environment facilitating a caregiv&s provision of care for a mentally or physically impaired person, that i) is primarily assembled at a location other than its site of installation;ii)is limited to one(1)occupant who shall be the mentally or physically impaired person, or, in the case of a married couple,two (2)occupants, one (1)of whom is a mentally or physically impaired person, and the other requires assistance with one (1) or more activities of daily living as defined in Code of Virginia§63.2-2200,as certified in writing by a physician licensed in the commonwealth; iii) has no more than 300 gross square feet; and iv) complies with applicable provisions of the Industrialized Building Safety Law (§ 36-70 et seq.) and the Uniform XI-26 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE Statewide Building Code (§ 36-97 et seq.). Placing the temporary family health care structure on a permanent foundation shall not be required or permitted. TOURIST HOME An establishment in a dwelling which supplies temporary accommodation to up to 14 overnight guests for a fee. 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 (8) dwelling units in a group. Back-to-back townhouses shall contain no more than 16 dwelling units in a group. TREATMENT HOME A residential facility for persons of all ages recovering from alcohol and/or drug addiction where supervision,rehabilitation and counseling are provided to the residents. Section 165-1105.03. Public/Civic/Institutional. ADMINISTRATIVE REVIEW ELIGIBLE PROJECT—Any project meeting the criteria of Code of Virginia § 15.2-2316.3. AMATEUR RADIO ANTENNA—A freestanding or building mounted structure,including any base, tower or pole, and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM)license issued by the Federal Communications Commission,and permitted pursuant to Code of Virginia § 15.2-2293.1. CAMPGROUND A lot or parcel upon which two (2)or more campsites are located, established or maintained for occupancy by the general public as temporary living quarters for recreation, education or vacation purposes. CEMETERY—Pursuant to Code of Virginia § 54.1-2310, any land or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery. CHURCHES and PLACES OF WORSHIP — Buildings or structures primarily intended for the conduct of organized religious services and associated accessory uses. GOVERNMENT SERVICES OFFICE Offices or facilities owned, leased or operated by government agencies for government services. See "school" for school use. HUMANITARIAN AID ORGANIZATIONAL OFFICE A charitable organization established to provide relief assistance to an identified distressed, underprivileged group. Relief would be provided in such forms as clothing,medical supplies or educational contributions.The organization must provide a public beneficial interest to the community. INSTITUTIONAL USE A nonprofit or quasi-public use or institution, such as a church, library, public or private school,hospital or municipally owned or operated building, structure or land used for public purposes. ON-SITE UTILITY SYSTEMS On-site heating and cooling plants, pump stations, electro- magnetic systems, distribution transformers, pipes and meters, water and sewer lines, booster or relay XI-27 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE stations, transformer substations, and water supply stations either located within a structure or freestanding. PUBLIC BUILDING—Any area,building or structure used or controlled for government purposes, that is owned, held, or operated by any department, branch or unit of the federal government, the Commonwealth of Virginia or one (1) or more of its local governments, political subdivisions or municipal corporations. PUBLIC UTILITIES, DISTRIBUTION VOLTAGE ELECTRICAL SUBSTATION Electrical substation intended for delivery of retail electrical power. Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operating under a permit-by-rule (PBR). PUBLIC UTILITIES, POWER-GENERATING FACILITIES Generation of power via coal, natural gas,solar,wind,nuclear,biomass,hydroelectric or other methods Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operating under a permit-by-rule (PBR). PUBLIC UTILITIES,TRANSMISSION AND DISTRIBUTION FACILITIES Booster or relay stations, transformer substations, transmission lines and towers,pipes,meters and other facilities, and sewer and water treatment facilities,including sewer and water transmissions lines. Such facilities may be owned by public utilities,public agencies, those operators with a certificate of public convenience, or those that are operation under a permit-by-rule (PBR). PUBLIC UTILITIES,TRANSMISSION VOLTAGE ELECTRICAL SUBSTATION Electrical substation intended for long range delivery of wholesale electrical power with typical voltages of 500KV and higher. Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operating under a permit-by-rule (PBR). RECREATIONAL FACILITIES—A place or facility designed, equipped and used for the conduct of sports,leisure-time activities and other recreational activities. RECREATIONAL VEHICLE STORAGE An area provided within a residential recreational community for its residents to store recreational vehicles such as boats, campers, RV's and travel trailers. SCHOOL (1) Without residential component: any building used for organized education or instruction in any branch of knowledge. This school does not contain rooms where overnight lodging and meals are provided to students. (2) With residential component: any building used for organized education or instruction in any branch of knowledge. This school does contain rooms where overnight lodging and meals are provided to students. TELECOMMUNICATION FACILITY, COMMERCIAL Infrastructure, including towers, antennas, panels, microwave dishes, receiving dishes, equipment building, other transmitting and receiving components and other accessory structures, used for the wireless electromagnetic XI-28 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE transmission of information, excluding structures utilized as satellite earth stations and structures utilized for amateur or recreational purposes such as ham radio or citizen band radio. TELECOMMUNICATION FACILITY,SMALL—Included in this use type are small facilities such as those defined in Code of Virginia§15.2-2316.3. Section 165-1105.04. Commercial. ADULT RETAIL—A retail establishment for which 25%or more of its stock in trade, as determined by floor area, is in videos, magazines, books, publications, tapes, films or other periodicals and paraphernalia which are distinguished or characterized by an emphasis on depicting or describing specified sexual conduct or specified anatomical areas. AMBULANCE SERVICE A state-licensed business for operating owned motor vehicles that are designed and used to provide immediate care or to transport any persons who are sick, injured, or otherwise incapacitated or helpless. AUCTION HOUSE A building in which the commissioned public sales of goods to the highest bidder, conducted by a licensed auctioneer for persons or groups other than community nonprofit organizations, occur more than once a year. BOAT REPAIR SHOP A structure, or portion thereof, designed for or used for senicing,repair, or equipping boats,but not including boat sales. BUSINESS PARK—A development which includes multiple buildings and uses. Shopping Centers, Industrial Parks, and Office Parks are types of Business Parks. COMMERCIAL RECREATION,INDOOR—A sports or activity facility either open to the general public for a fee or for members and their guests, located in an enclosed building or structure designed to accommodate gatherings for athletic, training, recreational or park purposes, games, cultural activities,martial arts, archery, and the like. COMMERCIAL OUTDOOR RECREATION Private, fee-supported, outdoor facilities used for athletic,training,recreational or park purposes that utilizes supervised athletic or recreational activities. COMMERCIAL SPORT AND RECREATION CLUBS A public or private fee-supported recreational facility located indoors or outdoors that may include swimming pools, court games and other similar activities. CONFERENCE/EVENT CENTER A structure or facility designed to accommodate meetings and other events with or without food service developed to be either stand-alone or within a hotel or motel. COUNTRY CLUB A land area and buildings containing recreational facilities,clubhouse and usual accessory uses, primarily open to members and their guests for a membership fee or daily fee; may include but are not limited to swimming pools,tennis courts,golf courses, stables and riding facilities. COUNTRY GENERAL STORE A retail business, without accessory fuel sales, not to exceed 3,500 square feet gross retail floor area,allowed where specified in the rural zoning districts which sells groceries along with a variety of other retail goods. XI-29 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE DAY-CARE FACILITY—A facility in which more than five(5)children and/or adults,not including persons who are related by blood, marriage or adoption to the people who maintain the facility, are received for care,protection and guidance during only part of the twenty-four(24)-hour day. FAST-FOOD RESTAURANT —Any establishment whose principal business is the sale of food or beverages in a ready-to-consume state with a rapid turnover of customers. Food is provided for consumption on or off the premises. Such establishments usually involve customer self-service and the serving of food in disposable or edible containers. FLEA MARKET An occasional or periodic sales activity, held within a building, structure or outdoors where groups of individual sellers offer goods for sale to the public not, to include private garage sales. Such sellers may set up temporary stalls or tables for the sale of their products. Such sales may involve new and/or used items to include, but not be limited to, household items, antiques, rare items, decorations,used books,used magazines,jewelry clothing and/or a variety of merchandise and may also include the sale of fruits, vegetables and other edible items. The sale of vehicles, heavy equipment, boats, watercraft, agricultural machinery or the like shall be prohibited. The individual sellers at the flea market need not be the same each time the market is in operation. FLEX-TECH A development concept that accommodates aspects of retail, manufacturing, wholesale and warehousing by an individual user within a single structure. Such development is designed to accommodate users that require flexibility in their square footage allocation.A typical flex- tech user would be a small business that initially requires a relatively small square footage but may increase the business' square footage as the strength of the business improves. GARAGE, PUBLIC A building or portion thereof, other than a private garage, designed or used for servicing,repairing or equipping motor vehicles,but not including service stations or vehicle sales. GENERAL BUSINESS OFFICE—A room or building used for conducting the affairs of a business, professional, service,industry, or other enterprise. GOLF COURSE —A tract of land used for playing golf, improved with tees, greens, fairways, and other features, including accessory uses and structures. HOSPITAL An institution rendering medical, surgical, or convalescent care, including nursing homes,homes for the aged and sanatoriums, and treatment centers that serve patients at least partially on an inpatient basis. KENNEL—A place prepared to house,board,breed,handle, or otherwise care for dogs for sale or in return for compensation. One(1)litter of dogs breeding for compensation per household per year shall not be defined as a kennel and will be considered as a home occupation. MEDICALAND ALLIED HEALTH—Medical related facilities,activities,and personnel,including administrative,clinical support, and general support services and personnel. NURSERY,RETAIL—Uses which raise plant materials or sell plant materials and related products. OFFICE PARK A development primarily devoted to office uses, containing two (2) or more uses within a single master development or site plan. OUTDOOR SHOOTING RANGE An area devoted to organized shooting and target shooting. XI-30 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE PARKING GARAGE —A building or structure consisting of more than one (1) level designed and used for public or private parking of motor vehicles. RESORT A facility for transient guests where the primary attraction is recreational features or activities. RESTAURANT—A facility in which food and drinks are prepared, served and consumed. SERVICE STATION Any premises primarily used for supplying gasoline, oil, tires, accessories, and services for automobiles at retail directly to the motorist or consumer.Repair uses are accessory to the other retail services provided. SPECIAL EVENT FACILITY A facility or site utilized for events that are typically conducted on a single day but which may be conducted for up to three (3)consecutive days, for which attendance is permitted only by invitation or reservation; special events include, but are not limited to, meetings, conferences,banquets,dinners,weddings, and private parties. WELLNESS CENTER—A structure or facility designed to provide recreational, educational, and medicinal benefits to the public. Section 165-1105.05. Industrial. DATA CENTERS—A premises in which the majority of the use is occupied by computers and/ or telecommunications and related equipment for processing, storing, or transferring information. Infrastructure such as utility substations, power generators, and other supporting equipment may also be included. FLEET MAINTENANCE FACILITY, MEDICAL AND ALLIED HEALTH A structure or facility designed to maintain vehicles,aircraft and equipment associated with medical and allied health services. JUNKYARD Any area, lot, land, parcel,building, or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap metal or other scrap or discarded goods,materials or machinery. LANDFILL A sanitary landfill site used for the disposal of solid wastes beneath layers of soil and other materials. MANUFACTURING —The mechanical or chemical transformation of materials and substances into new products,including the assembly of component parts and the blending of materials. MINING The breaking or disturbing of the surface soil or rock in order to remove minerals to make them suitable for commercial, industrial or construction use, but not including excavation or grading when conducted in aid of on-site farming or construction. SELF-SERVICE STORAGE FACILITY A structure containing separate storage spaces of varying sizes leased or rented as individual leases for the purpose of storing personal property and household goods. WAREHOUSING, MEDICAL AND ALLIED HEALTH A structure or facility designed for the storage of medical supplies,equipment,furniture and fixtures associated with medical and allied health services. XI-31 CHAPTER 165 1 FREDERICK COUNTY ZONING ORDINANCE WASTE RECOVERY AND RECYCLING FACILITY —A residential recreational community facility for the collection and recycling of household materials that are generated by its residents. Section 165-1105.06. Miscellaneous. ACCESSORY OR SECONDARY USE A use of land or of a building or portion thereof customarily associated with and incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.A secondary use shall be a use not already permitted by right in a zoning district but may be permitted in conjunction with permitted use. UTILITY-SCALE SOLAR POWER GENERATING FACILITIES — Any personal property designed and used primarily for the purpose of collecting, generating, or transferring electric energy from sunlight.Any such facility primarily designed or intended to offset personal energy consumption by the owner of the facility does not constitute a utility-scale solar power generating facility. XI-32 Frederick County I Phase I Ordinance Update ZoningOrdinance Crosswalk NEW Section Article Part Part Content Section Content Ordinance Location Number Article I-General Provisions;Amendments;and Conditional Use Permits 165-101.01 Intent;purpose. 165-101.03 165-101.02 Definitions and word usage. Article XI 165.101.03 Headlines of sections. Removed 165-104.03 165-101.04 Scope;applicability. 165-102.01 165-101.05 Zoning districts and Zoning Map. Article I,Part 103(various) General 165-101.06 Administration and interpretation. 165-201.01 101 165-101.05 Provisions 165-101.07 Compliance required;required permits. 165-309.01 165-309.02 165-204.01 165-204.02 165-101.08 Violations and penalties;enforcement. 165-204.03 165-204.04 165-101.09 Disclosure of ownership. 165-301.04 165-302.01 165-102.01 Initiation. 165-302.02 165-301.02 Article I- 165-102.02 Applications. 165-301.03 165-302.02 C. General Provisions; Amendments;and 165-312.01 Conditional Use 165-102.03 Planning Commission public hearing. 165-302.02 C. 165-312.01 Permits 102 Amendments 165-302.02 C. 165-102.04 Board of Supervisors public hearing. 165-312.01 165-102.05 Impact analysis. 165-302.02 B. 165-303.02 165-303.03 165-102.06 Conditional rezoning. 165-303.04 165-303.05 165-303.06 -- REZONING FLOW DIAGRAM Figure 3.1 165-103.01 Consideration;approval or disapproval. 165-304.01 165-103.02 Standards. 165-304.02 A. 165-103.03 Conditions. 165-304.02 C. 165-103.04 Application and approval procedures. 165-304.02 B. Conditional Use 165-103.05 Fees. 165-301.03 103 Permits 165-103.06 Site plans. 165-304.02 B. 165-103.07 Changes in use. 165-304.03 A. 165-304.03 C. 165-103.08 Revocation 165-304.04 -- CONDITIONAL USE PERMIT FLOW DIAGRAM Figure 3.2 Article II-Supplementary Use Regulations;Parking;Buffers;and Regulations for Specific Uses 165-201.01 Scope. 165-402.01 165-201.02 Setback requirements.(Includes"Corner Lot Setbacks"illustration) 165-402.03 165-201.03 Height limitations;exceptions. 165-403.03 165-201.04 Lot requirements. 165-402.03 165-603.01 165-201.05 Secondary or accessory uses. 165-706.01 Supplementary 165-706.02 201 Use Regulations 165-201.06 Signs. Article VIII,Part 809,all sections 165-201.07 Outdoor lighting standards. Article VIII,Part 807,all sections 165-201.08 Protection of environmental features. Article VIII,Part 803,all sections 165-201.09 Stormwater management. Removed 165-201.10 Outdoor storage and processing. 165-808.01 165-808.02 165-201.11 Property owners'associations. 144-302.14(SO) 165-201.12 Nuisances. 165-801.01 Page 1 of 6 Frederick County I Phase I Ordinance Update • • • • NEW Section Article Part Part Content Section Content Ordinance Location Number 165-804.02 165-804.02 Off-Street 165-202.01 Off-street parking;parking lots.(includes"Example Parking Lot"illustration) 165-804.03165-804.04 Parking, 202 165-804.05 Loading and Access 165-804.06 165-202.02 Loading areas. 165-804.07 165-202.03 Motor vehicle access. 144-302.06(SO) 165-202.04 Streets:Inter-parcel connectors. 144-302.07(SO) 203 Buffers and 165-203.01 Landscaping requirements. Article VIII,Part 802,all sections Landscaping 165-203.02 Buffer and screening requirements. Article VIII,Part 802,all sections Adult care residences,assisted living care facilities and convalescent or nursing 165-204.01 165-702.01 homes. 165-204.02 Batting cages,commercial,operated outdoors. 165-704.05 165-204.03 Campgrounds and tourist camps. 165-703.02 165-204.04 Car washes. 165-704.04 165-204.05 Electrical,hardware,plumbing and heating equipment businesses. 165-704.12 165-204.06 Flex-tech uses. 165-704.09 165-204.07 Government services office. 165-703.06 165-204.08 Grocery and food stores. 165-704.10 165-204.09 Humanitarian aid organizational office. 165-703.04 165-204.10 Kennels. 165-704.13 Article II- 165-703.03 Supplementary Use 165-204.11 Landfills,junkyards,trash disposal and inoperable vehicles and trailers. 165-705.02 Regulations;Parking; 165-808.02 Buffers;and 165-204.12 Motor vehicle service uses,automotive repair shops and public garages. 165-704.02 Regulations for 165-204.13 Restaurants. 165-704.11 Specific Uses 165-204.14 Sewage treatment facilities. 165-703.07 165-204.15 Commercial sh000ting and archery ranges,outdoor. 165-704.06 165-204.16 Shopping centers,office parks,and industrial parks. 165-811.01 165-811.02 165-204.17 Slaughterhouses and rendering plants. 165-701.05 165-204.18 Storage facilities,self-service. 165-705.05 165-204.19 Telecommunications facilities,commercial. 165-703.01 165-703.08 165-812.01 165-204.20 Trailers,temporary. 165-812.02 Additional 165-812.03 204 Regulations for Truck or fleet maintenance facilities and truck rental and leasing facilities,without Specific Uses 165-204.21 drivers. 165-705.07 165-204.22 Farm wineries,farm breweries,and farm distilleries. 165-701.03 165-204.23 Welding repair. 165-704.18 165-204.24 Tractor truck and tractor truck trailer parking. 165-705.06 165-204.25 Flea markets. 165-704.08 165-204.26 Public utilities. 165-703.07 165-703.09 165-204.27 Temporary family health care structures. 165-702.09 Height waivers in B3(Industrial Transition),TM(Technology Manufacturing Park), 165-204.28 EM(Extractive Manufacturing),M1(Light Industrial),and M2(Industrial General) 165-402.03 C. Districts. 165-204.29 Commercial recreation,indoor. 165-704.05 165-204.30 Special event facilities. 165-704.17 Doctors of medicine,dentists,and other health practitioners in RP District and RA 165-204.31 165-704.15 District. 165-204.32 Country general store without fuel sales. 165-704.07 165-204.33 Boat repair shop. 165-704.03 165-204.34 Agricultural supply cooperatives. 165-701.01 165-204.35 Short-term lodging. 165-702.08 165-204.36 Adult retail. 165-704.01 165-204.37 Home occupations. 165-702.05 165-204.38 Cottage occupations. 165-702.03 165-204.39 Retail stores(drug,health,and personal care) 165-704.16 Nationally chartered fraternal lodges or civic clubs,social centers and their related 165-204.40 165-703.05 club facilities. 165-204.41 1 Data Centers 165-705.01 Page 2 of 6 Frederick County I Phase I Ordinance Update ZoningOrdinance Crosswalk NEW Section Article Part Part Content1 7 Section Content Ordinance Location Number Article III-Transfer of Development Rights(TDR)Program Establishment 165-301.01 Purpose. 165-1001.01 301 and Purpose 165-301.02 Applicability. 165-1001.02 165-301.03 Right to transfer development rights;general provisions. 165-1001.03 Article III- 165-302.01 Sending properties. 165-1002.01 Transfer of Sending and 165-302.02 Receiving properties. 165-1002.02 Development Rights 302 Receiving 165-302.03 Calculation of development rights. 165-1002.03 (TDR)Program Properties 165-302.04 TDR sending property development limitations. 165-1002.04 165-302.05 Sending property certification. 165-1002.05 165-302.06 Instruments of transfer. 165-1002.06 303 TransferProcess 165-303.01 Transfer process. 165-1003.01 and 165-303.02 Development approval procedures. 165-1003.02 Article IV-Agricultural and Residential Districts 165-401.01 Purpose and intent. 165-401.02 A. 165-401.02 Permitted uses. Article VI,Table 1(Use Matrix) 165-401.03 Conditional uses. Article VI,Table 1(Use Matrix) RA Rural Areas 165-401.04 Permitted residential density;exception. 165-404.01 401 Distrct 165-401.05 Minimum lot size. 165-404.01 165-401.06 Permitted lot sizes. 165-404.01 165-401.07 Setback requirements. 165-404.01 165-401.08 Minimum width;maximum depth. 165-404.01 165-401.09 Height restrictions. 165-404.01 165-402.01 Intent. 165-401.02 B. Article IV- 165-402.02 Permitted uses. Article VI,Table 1(Use Matrix) 165-402.03 Conditional uses. Article VI,Table 1(Use Matrix) Agricultural an 165-402.04 Number of uses restricted. 165-405.01 B. 4021 Performance Residential Districts RP Residential 165-402.05 Gross density and multifamily housing. 165-405.01 A. 402 Performance 165-402.06 Phased development. 165-405.01 B. District 165-402.07 Open space requirements. Article VIII,Part 805,all sections 165-402.08 Recreation facilities. Article VIII,Part 806,all sections 165-402.09 Dimensional requirements. 154-405.01 165-702.04 MH1 Mobile 165-403.01 Intent. 165-401.02 B. 165-403.02 Permitted Uses. Article VI,Table 1(Use Matrix) 403 Home Community 165-403.03 Conditional Uses. Article VI,Table 1(Use Matrix) District 165-403.04 Mobile home parks and subdivisions. 165-405.02 165-702.06 Article V-Planned Development Districts 165-501.01 Intent. 165-401.02 E. R4 Residential 165-501.02 Rezoning procedure. 165-302.02 D. Planned 165-501.03 Permitted uses. Article VI,Table 1(Use Matrix) 501 Community 165-501.04 Conditional uses. Article VI,Table 1(Use Matrix) District 165-501.05 Mixture of housing types required. 165-408.01 B. 165-408.01 B. 165-501.06 Design requirements. Article VIII,Various 165-502.01 Intent. 165-401.02 E. 165-306.01 R5 Residential 165-502.02 Master development plan. 165-306.02 Recreational 165-502.03 Rezoning procedure. 165-302.02 D. Article V-Planned 502 Community 165-502.04 Permitted uses. Article VI,Table 1(Use Matrix) Development Districts District 165-502.05 Conditional uses. Article VI,Table 1(Use Matrix) 165-408.02 B. 165-502.06 Design requirements. Article VIII,Various 503 -- Reserved. Removed 165-504.01 Intent. 165-401.02 E. 165-504.02 Permitted uses. Article VI,Table 1(Use Matrix) 165-702.01 504 MS(Medical 165-504.03 District area,floor-to-area ratios and residential gross densities. 165-408.04 Support)District 165-504.04 Access regulations. 165-408.04 165-504.05 Structure and parking lot setback regulations. 165-408.04 165-504.06 Height regulations. 165-408.04 165-504.07 Open space,landscaped area,and buffer and screening regulations. Article VIII,Various Article VI-Business and Industrial Zoning Districts 165-601.01 Intent. 165-401.02 C. Page 3 of 6 Frederick County I Phase I Ordinance Update ZoningOrdinance Crosswalk NEW Section Article Part Part Content Section Content Ordinance Location Number 165-40 601 and Intensity 165-601.02 Dimensional and intensity requirements. 165-407.01 .01 Requirements. 165-601.03 Minimum landscaped area. 165-406.01 602 131 165-602.01 Intent. 165-401.02 C. Neighborhood 165-602.02 Allowed uses. Article VI,Table 1(Use Matrix) 603 B2 General 165-603.01 Intent. 165-401.02 C. Business District 165-603.02 Allowed uses. Article VI,Table 1(Use Matrix) B3 Industrial 165-604.01 Intent. 165-401.02 C. 604 Transition 165-604.02 Allowed uses. Article VI,Table 1(Use Matrix) District 165-604.03 Conditional uses. Article VI,Table 1(Use Matrix) TM Technology 165-605.01 Intent. 165-401.02 D. 605 Manufacturing 165-605.02 Allowed uses. Article VI,Table 1(Use Matrix) Park District 165-605.03 Secondary or accessory uses. Article VI,Table 1(Use Matrix) 165-605.04 Design requirements. 165-407.01 Article VI-Business M1 Light 165-606.01 Intent. 165-401.02 D. and Industrial Zoning 606 Industrial 165-606.02 Allowed uses. Article VI,Table 1(Use Matrix) Districts District 165-606.03 Conditional uses. Article VI,Table 1(Use Matrix) M2 Industrial 165-607.01 Intent. 165-401.02 D. 607 General District 165-607.02 Allowed uses. Article VI,Table 1(Use Matrix) 165-607.03 Conditional uses. Article VI,Table 1(Use Matrix) 165-608.01 Intent. 165-401.02 D. 165-608.02 Permitted uses. Article VI,Table 1(Use Matrix) EM Extractive 165-608.03 Performance standards. 165-801.01 608 Manufacturing 165-608.04 Landscaping. 165-407.01 District 165-608.05 Setback and yard requirements. 165-407.01 165-608.06 Height limitations. 165-407.01 165-608.07 Additional requirements. 165-407.01 165-609.01 Intent. 165-401.02 C. HE Higher 165-609.02 Permitted uses. Article VI,Table 1(Use Matrix) 609 Education 165-609.03 Yard and design requirements. 165-407.01 District 165-609.04 Buffers and screening. 165-407.01 165-609.05 Height limitations. 165-407.01 Article VII-Overlay Districts 165-701.01 Intent. 165-502.01 165-701.02 Airport safety zones. 165-502.02 AP1 Airport 165-701.03 Height limitations. 165-502.03 District 701 165-701.04 Use restrictions. 165-502.04 165-701.05 Noise. 165-502.05 165-701.06 Nonconforming uses. 165-502.06 165-701.07 Appeals. 165-502.07 165-702.01 Statutory authorization and purpose. 165-503.01 165-702.02 Applicability. 165-503.02 165-702.03 Compliance and liability. 165-503.03 165-702.04 Records. 165-503.05 165-702.05 jAbrogation and greater restrictions. 165-501.01 165-702.06 Severability. 165-101.06 165-702.07 Administration. 165-503.06 165-702.08 Jurisdictional boundary changes. 165-503.07 165-702.09 Submitting model backed technical data. 165-503.09 165-702.10 Letters of map revision. 165-503.09 702 FP Floodplain 165-702.11 Description of special flood hazard districts. 165-503.10 Districts 165-702.12 Overlay concept. 165-501.01 165-702.13 Flood Insurance Rate Map. 165-503.11 165-702.14 District boundary changes. 165-503.08 165-702.15 Interpretation of district boundaries. 165-503.12 165-702.16 Permit and application requirements. 165-503.13 165-702.17 General standards. 165-503.14 165-702.18 Elevation and construction standards. 165-503.15 165-702.19 Standards for subdivision proposals. 165-503.13 C. Article VII-Overlay 165-702.20 Existing structures in floodplain areas. 165-503.16 Districts 165-702.21 Factors to be considered in granting variances. 165-305.03 165-702.22 Penalties for violations. 165-503.17 165-703.01 Intent. 165-504.01 165-703.02 1 Establishing overlay boundaries. 165-504.02 165-703.03 ICriteria for determining historic significance. 165-504.03 Page 4 of 6 Frederick County I Phase I Ordinance Update ZoningOrdinance Crosswalk NEW Section Article Part Part Content Section Content Ordinance Location Number HA Historic 165-308.02 703 Area Overlay 165-703.04 General regulations. 165-308.03 District 165-504.04 165-703.05 Guidelines for new construction or alterations. 165-504.05 165-301.03 A. 165-703.06 Administration. 165-301.06 A. 165-308.03 Page 5 of 6 Frederick County I Phase I Ordinance Update ZoningOrdinance Crosswalk NEW Section Article Part Part Content Section Content Ordinance Location Number 165-704.01 Intent. 165-505.01 IA Interstate 165-704.02 District boundaries. 165-505.02 704 Area Overlay 165-704.03 Establishment of districts. 165-505.03 District 165-704.04 (Reserved) Removed 165-704.05 District Regulations. 165-505.04 165-705.01 Intent. 165-506.01 165-705.02 District boundaries. 165-506.02 TNDB 165-705.03 Establishment of districts. 165-506.03 Traditional 165-705.04 Use,density,dimensional and intensity requirements. 165-506.04 705 Neighborhood 165-705.05 Off-street parking;parking lots. 165-506.05 Design Business Article VIII,Part 804 165-705.06 Design Standards. 165-506.06 Overlay District 165-705.07 Master Development Plan(MDP). 165-506.07 165-705.08 Signage. 165-506.08 Article VI II,Part 809 Article VIII-Development Plans and Approvals 165-801.01 Intent. 165-306.01 165-801.02 When required. 165-306.02 165-306.05 Master 165-801.03 Waivers. 165-306.03 801 Development 165-801.04 Preapplication conference. 165-301.01 Plans 165-801.05 Contents of master development plans. 165-306.04 165-801.06 Master development plan submission. 165-306.05 Article VIII- 165-801.07 Final master development plan. 165-306.06 Development Plans 165-801.08 Changes to approved master development plans. 165-306.07 165-801.09 Master development plan review fees. 165-301.03 A. and Approvals 165-802.01 Activities requiring site plans or illustrative sketch plans. 165-307.02 165-307.06 165-802.02 Site plan applications;review. 165-307.09 802 Site Plans SITE PLAN REVIEW PROCESS FLOW DIAGRAM Figure 3.5 165-307.03 165-802.03 Site plan and illustrative sketch plan contents. 165-307.04 165-307.05 165-802.04 lRequired improvements. 165-307.07 Article IX-Nonconforming Uses,Structures,and Signs 165-901.01 165-901.02 165-901.01 Continuation of preexisting uses,structures,and signs. First Sentence:165-902.01 A. Second Sentence:165-902.03 A Article IX- 165-902.01 A.(1) 165-901.02 Discontinuance. Nonconforming Uses, 901 Regulations 165-902.01 E. Structures,and Signs 165-901.03 Reestablishing discontinued legally nonconforming use. Removed 165-901.04 Expansion and modifications. 165-902.01 B. 165-902.04 165-901.05 Legally nonconforming lots of record. 165-902.02 165-901.06 Restoration or replacement. 165-902.05 B. Article X-Board of Zoning Appeals 165-1001.01 Appointment;organization;terms. 165-203.01 165-203.02 165-203.03 Establishment 165-301.03 and 165-305.02 Article X-Board of 165-1001.02 Powers and duties. 165-305.03 A. 1001 Organization; Zoning Appeals Powers and 165-311.01 Duties 165-311.02 165-311.04 APPEALS AND VARIANCES FLOW DIAGRAM Figure 3.3 Fi ure 3.6 Page 6 of 6