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DRRC 08-25-16 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM To: Development Review and Regulations Committee From: Candice E. Perkins, AICP, CZA, Assistant Director Subject: August Meeting and Agenda Date: August 17, 2016 The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on Thursday, August 25, 2016 at 7:00 p.m. in the first floor conference room (purple room) of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRR C will discuss the following agenda items: AGENDA 1) Right-of-Way Widths for Family Lot Subdivisions. Discussion on revisions to the Subdivision Ordinance to reduce the right-of-way width mandatory to create a family lot subdivision per the Code of Virginia. 2) Discontinuance of Nonconforming Uses. Discussion on revisions to the Zoning Ordinance to increase the timeframe a nonconforming use can be discontinued before it is deemed abandoned per the Code of Virginia. 3) Removal of Motorcycle Repair in the B2 District. Discussion on revisions to the Zoning Ordinance to eliminate Motorcycle Repair in the B2 (General Business) District and allow this use in the B3, M1 and M2 Districts. Please contact this office if you will not be able to attend the meeting. Thank you. Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the four-story wing. I would encourage committee members and interested citizens to park in the County parking lot located behind the new addition or in the joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing. CEP/pd Attachments 2 Item #1: Right-of-Way Widths for Family Division Lots This is an amendment to Chapter 144 – Subdivision of Land, to update the minimum right-of-way requirement necessary to create a family division lot. Family division lots as small as two acres are in the RA District are permitted to be divided and conveyed to an immediate family member. The subdivision ordinance currently requires that a 50 foot right-of-way is required in order to subdivide these lots. However; the Code of Virginia states that a 20 foot right of way is the maximum that can be required. Staff has drafted a revision to the Subdivision Ordinance to comply with the Code of Virginia. Staff would like to discuss with the DRRC the current Ordinance requirements and the proposed revisions. Attachments: 1. Subdivision Ordinance - Proposed Revisions 2. Code of Virginia – Family Divisions ATTACHMENT 1 Original language Draft revisions § 144.31. Rural subdivisions. [Amended 6-9-1993; 8-12-2009] The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under Article IV of Chapter 165, Zoning, of the Frederick County Code. *Sections A and B remain unchanged. C. Minor rural subdivisions. (1) The division of the following types of lots is permitted under the regulations for minor rural subdivision: (a) Lots described by § 165-401.06B, Family division lots of Chapter 165, Zoning, of the Frederick County Code. [Amended 12-9-2009] (b) Lots described in § 165-401.06A, Traditional five-acre lots, and § 165-401.06D, Rural preservation lots, provided that a total of no more than three such lots may be created from any one parcel under these regulations. (2) Shared private driveways. Vehicular access to a minor rural subdivision may be provided by means of shared private driveways. The owners of lots provided with access via such driveways shall be responsible for the improvement and maintenance of said driveways. When shared driveways are used, the Subdivision Administrator shall be provided with copies of the deeds of transfer. Such deeds shall contain the following language: The proposed shared private driveway is not building according to street standards and will not be maintained by the Virginia Department of Transportation or the County of Frederick. The improvement and maintenance of said driveway shall be the sole responsibility of the owners of lots which are provided with access via the driveway. Said shared private driveways will not be considered for inclusion into the state secondary system until they meet the applicable construction standards of the Virginia Department of Transportation. The cost of bringing said driveways to acceptable standards shall not be borne by the Virginia Department of Transportation nor by Frederick County. (3) Minimum width for shared private driveway. The minimum right-of-way width for a shared private driveway shall be 50 feet a public street or right-of-way dedicated for maintenance by the Virginia Department of Transportation. For the purposes of family division lots, the minimum right-of-way width for a shared private driveway shall be 20 feet to a public street or right-of-way dedicated for maintenance by the Virginia Department of Transportation. ATTACHMENT 2 Code of Virginia § 15.2-2244. Provisions for subdivision of a lot for conveyance to a family member. A. In any county a subdivision ordinance shall provide for reasonable provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, including the family member's spouse, subject only to any express requirement contained in the Code of Virginia and to any requirement imposed by the local governing body that all lots of less than five acres have reasonable right-of-way of not less than 10 feet or more than 20 feet providing ingress and egress to a dedicated recorded public street or thoroughfare. Only one such division shall be allowed per family member, and shall not be for the purpose of circumventing this section. For the purpose of this subsection, a member of the immediate family is defined as any person who is a natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent, or parent of the owner. In addition, any such locality may include aunts, uncles, nieces and nephews in its definition of immediate family. 3 Item #2: Discontinuance of Nonconforming Uses This is an amendment to Chapter 165 – Zoning, as it pertains to the discontinuance of nonconforming uses. The Zoning Ordinance currently states that if a nonconforming use is discontinued for a period exceeding one year it is deemed abandoned. The Code of Virginia, however; requires a two year period before a use can be deemed abandoned. This revision proposes to change the Zoning Ordinance to two years to conform to the Code of Virginia. Staff has drafted a revision to the Zoning Ordinance to comply with the Code of Virginia. Staff would like to discuss with the DRRC the current Ordinance requirements and the proposed revisions. Attachments: 1. Zoning Ordinance - Proposed Revisions 2. Code of Virginia – Nonconforming Uses ATTACHMENT 1 Original language Draft revisions ARTICLE IX NONCONFORMING USES, STRUCTURES AND SIGNS Part 901 – Nonconforming Uses, Structures and Signs. § 165-901.01 Continuation of pre-existing uses, structures & signs. Any use which does not conform to the requirements of this chapter at the effective adoption date of this chapter may be continued so long as it remains otherwise lawful. Structures and land may continue to be used as they were at the effective adoption date so long as they remain otherwise lawful. Any use, structure, or sign which subsequently becomes nonconforming as a result of amendments to this chapter may continue as it was at the time of the adoption of the amendment, as long as it remains otherwise lawful. Such nonconforming uses, structures, and signs shall conform to all laws in effect at the time when the use, structure, and signs were established. A. 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. B. When the boundaries of a district are changed, any uses, structures, or signs which become nonconforming as a result of such change shall be subject to the provisions of this article. § 165-901.02 Discontinuance. A. If any legally nonconforming use or legally nonconforming sign is discontinued for a period exceeding one two years after the enactment of this chapter, it shall be deemed to be abandoned, and any use or sign thereafter shall conform to the requirements of this chapter. B. Seasonal legally nonconforming uses that have been in continuous operation for a period of two years or more prior to the adoption of this chapter may be continued. ATTACHMENT 2 Code of Virginia § 15.2-2307. Vested rights not impaired; nonconforming uses. C. A zoning ordinance may provide that land, buildings, and structures and the uses thereof which do not conform to the zoning prescribed for the district in which they are situated may be continued only so long as the then existing or a more restricted use continues and such use is not discontinued for more than two years, and so long as the buildings or structures are maintained in their then structural condition; and that the uses of such buildings or structures shall conform to such regulations whenever, with respect to the building or structure, the square footage of a building or structure is enlarged, or the building or structure is structurally altered as provided in the Uniform Statewide Building Code (§ 36-97 et seq.). If a use does not conform to the zoning prescribed for the district in which such use is situated, and if (i) a business license was issued by the locality for such use and (ii) the holder of such business license has operated continuously in the same location for at least 15 years and has paid all local taxes related to such use, the locality shall permit the holder of such business license to apply for a rezoning or a special use permit without charge by the locality or any agency affiliated with the locality for fees associated with such filing. Further, a zoning ordinance may provide that no nonconforming use may be expanded, or that no nonconforming building or structure may be moved on the same lot or to any other lot which is not properly zoned to permit such nonconforming use. . 4 Item #3: Removal of Motorcycle Repair in the B2 District This is an amendment to Chapter 165 – Zoning, to remove motorcycle repair from the B2 (General Business) District and relocate it to the B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial General) Districts. This change would ensure that motorcycle repair is treated similarly to automobile repair. Staff has drafted a revision to the Zoning Ordinance to comply with the Code of Virginia. Staff would like to discuss with the DRRC the current Ordinance requirements and the proposed revisions. Attachments: 1. Zoning Ordinance - Proposed Revisions 2. SIC Manuel - 7699 ATTACHMENT 1 Original language Draft revisions ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 603 – B2 General Business District § 165-603.02 Allowed uses. Allowed uses shall be as follows: Allowed Uses Standard Industrial Classification (SIC) Veterinary offices with all activities and animals kept within the fully enclosed primary structure, excluding the following: 074 Veterinary services livestock 0741 Animal specialty services, except veterinary, with all activities and animals kept within the fully enclosed primary structure 0752 Communication facilities and offices, including telephone, telegraph, radio, television and other communications, excluding the following:[1] 48 Communications services, not elsewhere classified 4899 Paint, glass and wallpaper stores 523 Hardware stores 525 Retail nurseries and lawn and garden supply stores 526 General merchandise stores 53 Food stores, excluding the following: 54 Fruit and vegetable stands 5431 Automotive dealers and gasoline service stations 55 Apparel and accessory stores 56 Home furniture, furnishings and equipment stores 57 Restaurants 58 Miscellaneous retail, except for the following: 59 Fuel dealers 598 Flea markets, operated outdoors - Finance, insurance and real estate offices - Hotels and motels 701 Organization hotels and lodging 704 Personal services, including laundry and funeral services, excluding the following: 72 Linen supply 7213 Dry cleaning plants 7216 Industrial launderers 7218 Escort services 7299 ATTACHMENT 1 Allowed Uses Standard Industrial Classification (SIC) Turkish baths 7299 Steam baths 7299 Business services, excluding the following: 73 Outdoor ad services 7312 Miscellaneous equipment rental 735 Automobile recovery service 7389 Automobile repossession service 7389 Exhibits building of by industrial contractors 7389 Filling of pressure containers (aerosol) 7389 Gas systems contract conversion from manufactured to natural gas 7389 Produce weighting service 7389 Product sterilization service 7389 Repossession service 7389 Salvaging of damaged merchandise not engaged in sales 7389 Scrap steel cutting 7389 Car washes 7542 Miscellaneous repair services, excluding the following: 76 Welding repair 7692 Agricultural equipment repair 7699 Blacksmith shops 7699 Boiler cleaning and repair 7699 Cesspool cleaning 7699 Coppersmithing 7699 Dental and medical instrument repair 7699 Engine repair 7699 Farm machinery and tractor repair 7699 Farriers 7699 Horseshoeing 7699 Industrial truck repair 7699 Laboratory instrument repair 7699 Machinery cleaning 7699 Measuring and controlling instrument repair; mechanical 7699 Meteorological instrument repair 7699 Motorcycle Repair service 7699 Precision instrument repair 7699 Repair of optical instruments 7699 Repair of service station equipment 7699 Scale repair service 7699 Septic tank cleaning service 7699 Sewer cleaning service 7699 ATTACHMENT 1 Allowed Uses Standard Industrial Classification (SIC) Surgical instrument repair 7699 Tank and boiler cleaning service 7699 Tank truck cleaning service 7699 Taxidermists 7699 Tinsmithing 7699 Motion picture theaters, except drive-in 7832 Videotape rental 784 Amusement and recreation services operated indoors 79 Golf driving ranges and miniature golf courses 7999 Health services 80 Legal services 81 Child day-care facilities 8351 Membership organizations 86 Engineering, accounting, research, management and related services, excluding the following: 87 Testing laboratories 8734 General business offices - Model home sales offices - Self-service storage facilities - Public buildings - Public utility distribution facilities - Business signs - Signs allowed in § 165-201.06B - Freestanding building entrance signs - Multi-tenant complex signs - Electronic message signs - Residential uses which are accessory to allowed business uses - Parks - Churches - Libraries - Electrical supplies 506 Hardware and plumbing and heating equipment 507 Commercial batting cages operated outdoors - Fire stations, companies and rescue squads - Commercial sport and recreation clubs -- Social services, except for the following: 83 Residential care 836 **7699 as a whole use group is permitted in the B3 District ATTACHMENT 1 Part 606: M1 Light Industrial District § 165-606.02 Allowed uses. Allowed uses are as follows: Allowed Uses Standard Industrial Classification (SIC) Landscape and horticultural services 078 Offices and storage facilities for building construction contractors, heavy construction contractors and special trade contractors 15, 16 and 17 Manufacturing as follows: -- Dairy products 202 Canned, frozen and preserved fruits, vegetables and soup mixes 203 Bakery products 205 Sugar and confectionary products 206 Beverages 208 Miscellaneous food preparations and products, excluding the following: 209 Canned and cured fish and seafood 2091 Fresh or frozen fish and seafood 2092 Textile mill products 22 Apparel or other finished products made from fabrics and similar material 23 Lumber and wood products, excluding the following: 24 Logging 241 Sawmills and planing mills 242 Wood preserving 2491 Furniture and fixtures 25 Paperboard containers and boxes 265 Converted paper and paperboard products, except containers and boxes 267 Printing, publishing and allied industries 27 Drugs 283 Rubber and miscellaneous plastics products 30 Concrete block and brick and related products 3271 Fabricated metal products, excluding the following: 34 Coating, engraving and allied services 347 Ammunition, except for small arms 3483 Ordnance and accessories, not elsewhere classified 3489 Industrial and commercial machinery and computer equipment 35 Electronics and other electrical equipment and components, excluding the following: 36 Lead acid batteries 3691 Primary batteries 3692 Transportation equipment 37 Measuring, analyzing and controlling instruments; photographic, medical and optical goods; and watches and clocks 38 ATTACHMENT 1 Allowed Uses Standard Industrial Classification (SIC) Miscellaneous manufacturing industries 39 Local and suburban transit and interurban highway passenger transportation 41 Motor freight transportation and warehousing 42 Transportation by air 45 Transportation services 47 Communication facilities and offices, including telephone, telegraph, radio, television and other communications 48 Electric, gas and other utility facilities and offices and trucking and warehousing 49 Wholesale trade - Advertising specialties - wholesale 5199 Restaurants 58 Linen supply 7213 Dry cleaning plants 7216 Business services 73 Truck rental and leasing, without drivers 7513 Automotive repair shops 753 Welding repair 7692 Agricultural equipment repair 7699 Boiler cleaning and repair 7699 Cesspool cleaning 7699 Coppersmithing 7699 Engine repair 7699 Farm machinery and tractor repair 7699 Industrial truck repair 7699 Machinery cleaning 7699 Measuring and controlling instrument repair; mechanical 7699 Meteorological instrument repair 7699 Motorcycle Repair Service 7699 Precision instrument repair 7699 Repair of optical instruments 7699 Repair of service station equipment 7699 Scale repair service 7699 Septic tank cleaning service 7699 Sewer cleaning service 7699 Tank and boiler cleaning service 7699 Tank truck cleaning service 7699 Tinsmithing 7699 Vocational schools 824 Business associations 861 Professional membership organizations 862 ATTACHMENT 1 Allowed Uses Standard Industrial Classification (SIC) Labor unions and similar labor organizations 863 Engineering, accounting, research, management and related services 87 Testing laboratories 8734 General business offices, including corporate, government or other offices not providing services to the general public on a regular basis as the primary use -- Accessory retailing -- Public buildings -- Public utility distribution facilities -- Business signs -- Signs allowed in § 165-201.06B -- Freestanding building entrance signs -- Multi-tenant complex signs -- Electronic message signs -- Residential uses which are accessory to allowed business uses -- Parks -- Regional criminal justice, enforcement and detention facilities for Frederick County, Clarke County and the City of Winchester -- Industrial launderers 7218 Truck or fleet maintenance facilities -- Self-service storage facilities -- Flex-Tech -- Fire stations, companies and rescue squads -- ATTACHMENT 2