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DRRC 06-28-18 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM To: Development Review and Regulations Committee From: M. Tyler Klein, AICP, Planner Subject: June 28, 2018 Meeting and Agenda Date: June 21, 2018 The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on Thursday June 28, 2018 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) Updates from Previous DRRC Discussion. 2) Riparian Buffers. Discussion of a request to allow site access, parking spaces, loading spaces, and circulation within delineated riparian buffers. This request was initiated by a private consultant/engineer. 3) Zoning District Buffers. Discussion of a request to amend the Category A Buffer category requirements. This request was initiated by a private consultant/engineer. 4) Off-Street Parking, Loading & Access. Discussion of a request to develop off-street parking and site access required for the primary land use within limited portions of properties that are split-zoned (and/or split-zoned as a result of road right-of-way). This request was initiated by a private consultant/engineer. 5) Other. 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. MTK/pd Attachments Item #1: Updates from Previous DRRC Discussions Item 1A: Shipping Containers as Accessory Storage This is a proposed text amendment to Chapter 165 – Zoning Ordinance to restrict the use of commercial shipping containers as accessory use/structure in certain districts. This zoning concern was brought to the attention of the DRRC at their February 22, 2018 meeting. The original proposal prohibited shipping containers as accessory storage only on residential lots in the RP, R4, R5, and RA Zoning Districts. The Committee discussed this amendment and recommended changes to the original draft proposal, including additional restrictions for shipping containers as storage in business and industrial districts. This item, as amended by the DRRC, was then forwarded to the Planning Commission for discussion on April 4, 2018; this item was subsequently presented to t he Board of Supervisors for discussion on May 9, 2018. The Board of Supervisors directed Staff to take the item back to the Committee for additional consideration. At the May 24th DRRC meeting, the DRRC discussed the proposed text amendment regarding the use of shipping containers as accessory storage in certain districts. Following up on those discussions, the following proposal may be considered by the DRRC: §165-201.05 – Secondary or accessory uses. G. In no case shall a shipping container, i.e. pre-fabricated steel shipping boxes, be allowed as an accessory use or storage in the RP (Residential Performance, R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning Districts. Shipping containers are allowed in all other zoning districts as an accessory use or storage and should meet the applicable setback requirements for accessory uses. Staff is looking for direction from the DRRC on the appropriateness of this request for a text amendment to the Zoning Ordinance. Depending on the outcome of this discussion, Staff may forward this item to the Planning Commission for further discussion. Item #2: Riparian Buffers Proposal: This is a request by a private consultant/engineer to amend Chapter 165 – Zoning Ordinance to allow site access, parking spaces, loading spaces, and circulation on properties located in the County’s Urban Development Area (UDA) and Sewer and Water Service Area (SWSA) within delineated riparian buffers. Current Zoning Ordinance Requirement: The Zoning Ordinance defines riparian buffers as an area of trees, shrubs, or other vegetation that permit inundation of water and is at least 35-FT in width, measured outward from both side of a natural waterway. Existing Zoning Ordinance requirements prohibit the disturbance of natural waterways and riparian buffers, except where necessary for public or private utilities, public facilities, access to a property or roads (only where perpendicular to a riparian buffer), riparian buffer restoration or enhancement projects, creation of wetlands, pedestrian/recreational/bicycle trails, or for the creation of park areas or stormwater management. Those disturbance activities allowed were added to the Zoning Ordinance in 2012. Staff Evaluation: Staff has concern with this proposed text amendment to allow additional development within delineated riparian buffers, beyond those already outlined (and allowed) above. Certain portions of a development shall remain undisturbed and/or protected, where certain environmental characteristic make them unsuitable for development. A riparian buffer is managed to maintain the integrity of the stream channels and reduce the effect of upland sources of pollution by trapping, filtering, converting sediments, nutrients, and other chemicals. Disturbance of the riparian buffers for the purposes of increasing development intensity on a site also conflicts with the goals and strategies outlined in the County’s Comprehensive Plan. DRRC: Staff is looking for direction from the DRRC on the appropriateness of this request for a text amendment to the Zoning Ordinance. Depending on the outcome of this discussion, Staff may forward this item to the Planning Commission for further discussion. Attachments: Proposed Changes from Greenway Engineering Frederick County Zoning Ordinance §165-201.08, Protection of environmental features Riparian Buffer Amendment 1 5-24-18 DRRC Agenda Riparian Buffer Amendment Purpose The proposed amendment is intended to provide design flexibility for the development of site improvements within delineated riparian buffers located on properties in the UDA and the SWSA. The proposed amendment will allow property owners to make better use of their properties through improvements that are designed to comply with USACE regulations and through improvements that incorporate on-site water quality treatment. The proposed amendment is written to ensure that the post-development condition of properties comply with the intent of the riparian buffer to maintain the integrity of stream channels through trapping, filtering and converting on -site pollutants. The proposed amendment requires the County to approve on-site water quality treatment design measures that would be required as a condition of Site Plan approval. Proposed Amendment §165-201.08.B.(3).(b) (3) Wetlands, natural waterways, and riparian buffers. 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. The disturbance of waterways and riparian buffers is prohibited, except when necessary for, and only in conformance with Part 702, the following: (b) Public facilities, access to a property or roads (only perpendicular riparian buffer crossings shall be permitted), and site access, parking spaces, loading spaces and circulation on properties located within the UDA and SWSA that are designed and approved in conformance with USACE regulations which incorporate on-site water quality treatment acceptable to the County Engineer to maintain the integrity of the stream channel; Note: §165-201.08.B.(3).(b) proposes new language to this section of the Zoning Ordinance. Greenway Engineering conducted a search of Chapter 144 Subdivision Ordinance and Chapter 165 Zoning Ordinance and determined that the addition of the new language specific to §165 - 201.08.B.(3).(b) will not require modifications to existing language within other sections of these Chapters. Frederick County, VA https://ecode360.com/print/FR1364?guid=8708107[4/9/2018 3:26:07 PM] A. (1) B. Close Print Resize: Frederick County, VA Monday, April 9, 2018 Chapter 165. Zoning ARTICLE II. Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 201. Supplementary Use Regulations § 165-201.08. Protection of environmental features. [Amended 12-11-1991; 8-9-2000; 7-11-2001; 4-23-2003] 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 section that the disturbance of such areas by the development process be limited. It is also the intention of this section that the 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. The requirements of this section shall apply to land in the following zoning districts: [Amended 12-10-2008] RP Residential Performance District R4 Residential Planned Community District R5 Residential Recreational Community District MH1 Mobile Home Community District B1 Neighborhood Business District B2 Business General District B3 Industrial Transition District OM Office-Manufacturing Park District M1 Light Industrial District M2 Industrial General District HE Higher Education District RA Rural Areas District MS Medical Support District All developments which require a rezoning, master development plan, subdivision design plan, site plan, or preliminary sketch plan shall preserve the following environmental features as described: [Amended 3-14-2012] Floodplains. Disturbance of floodplains is only permitted in accordance with the requirements of Article VII, Part 702, FP Floodplain Districts. Frederick County, VA https://ecode360.com/print/FR1364?guid=8708107[4/9/2018 3:26:07 PM] (2) (a) (b) (c) (d) (e) (f) (3) (4) (5) (6) C. Lakes and ponds. Lakes, ponds and impoundments shall remain undisturbed. The Administrator may allow the removal of a lake, pond or impoundment if it serves no useful retention, environmental, or recreational purposes. Wetlands, natural waterways, and riparian buffers. 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. The disturbance of natural waterways and riparian buffers is prohibited, except when necessary for, and only in conformance with Part 702, the following: Public or private utilities; Public facilities, access to a property or roads (only perpendicular riparian buffer crossings shall be permitted); Riparian buffer restoration or enhancement projects; Creation of wetlands; Pedestrian, recreational and/or bicycle trails; and The Zoning Administrator may allow for the disturbance of riparian buffers for the creation of park areas or for stormwater management purposes. Sinkholes. No disturbance of sinkholes is allowed other than filling with nonpolluting natural materials that will not contribute to groundwater pollution. 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 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. Steep slopes. No more than 25% of steep slopes, as defined, shall be disturbed or regraded. The Zoning Administrator may allow the disturbance of additional small areas where that disturbance will alleviate potential health or safety problems and will not significantly denigrate the overall environmental quality of the site. [Amended 9-26-2012] In residential developments, the areas of undisturbed environmental features described in § 165-201.08B 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. 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. [Amended 9-26-2012] Frederick County, VA https://ecode360.com/print/FR1364?guid=8708107[4/9/2018 3:26:07 PM] D. E. In rural preservation subdivisions, the environmental features described in § 165-201.08B, along with agricultural or locally significant soils, shall be placed within the forty-percent parcel, without undue detriment to other principles of quality subdivision design or significant loss of density, as determined by the Zoning Administrator. In commercial and industrial developments, the areas of undisturbed environmental features described in § 165-201.08B, 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. Item #3: Zoning District Buffers Proposal: This is a request by a private consultant/engineer to Chapter 165 – Zoning Ordinance to allow proposed developments required to provide a “Category A” zoning district buffer, may be permitted to locate accessory activities, such as parking, within 10 feet of an adjoining property if screening is provided. Current Zoning Ordinance Requirement: Under the current Zoning Ordinance, zoning district buffers are required to be place d on land to be development when it adjoins land in certain different zoning districts. Buffers are intended to enhance the appearance, environment, and general welfare of Frederick County. “Category A” buffers are required between property zoned RP (Residential Performance) and property zoned for business and industrial type uses. For a zoning district buffer, the “Category A” buffer requires no screen and a separation distance of 50-feet (25-FT inactive portion & a 25-FT active portion). Parking, loading areas, circulation, site access, and recreational amenities are already allowed in the “active” portion of a buffer. This proposed text amendment would allow parking, and other site features outlined above, to be as close as 10-FT to the property line as opposed to 25-FT as is currently required (a net reduction of 15-FT closer to adjoining properties). The intent of the Zoning Ordinances is for residential uses to be “buffered” from business and industrial uses where the scale and intensity of those uses may negatively impact residences. Staff Evaluation: Staff has concern with this proposed text amendment to allow parking and other activities permitted in the “active” portion of a buffer to be within 10-FT of the property line. The Zoning Ordinance already provides for a waiver, granted by the Board of Supervisors, to modify or reduce the required zoning district buffer distance between land primarily used for residential purposes and the B1 (Neighborhood Business) and B2 (General Business) Zoning Districts with the consent of the adjacent property owner(s); therefore, an avenue to achieve this reduced distance already exists. Further, members of the Board of Supervisors recently expressed concern with reducing the buffer requirements for distance (separation) as there is potential for “unintended consequences” such as impacts to adjacent properties (specifically residences) and increasing the intensity of development on a given site. DRRC: Staff is looking for direction from the DRRC on the appropriateness of this request for a text amendment to the Zoning Ordinance. Depending on the outcome of this discussion, Staff may forward this item to the Planning Commission for further discussion. Attachments: Proposed Changes from Greenway Engineering Frederick County Zoning Ordinance §165-203.02(D), Zoning district buffers “Category A” – Zoning District Buffer Amendment 1 5-24-18 DRRC Agenda “Category A” - Zoning District Buffer Amendment Purpose The “Category A” zoning district buffer is intended to provide a distance of 50 feet between properties with different zoning designations, but does not require opaque screening elements or landscape screening elements. The “Category A” zoning district buffer distance of 50 feet is divided into an inactive portion that is 25 feet and an active portion that is 25 feet. Therefore, accessory activities, such as parking spaces can be constructed within 25 feet of an adjoining property without screening. The “Category A” zoning district buffer is primarily assigned to the development of residentially zoned properties that adjoin commercial and industrial properties; and to a lesser extent, is assigned to the development of commercially zoned properties that adjoin industrial properties. The proposed amendment is intended to provide design flexibility for property owners in the UDA and the SWSA required to provide a “Category A” zoning district buffer that desire to make more efficient use of their property. The proposed amendment allows for the development of an accessory activity, such as parking, within 10 feet of an adjoining property provided that a landscape screen or an opaque screen is constructed between the accessory use and the adjoining property. Proposed Amendment §165-203.02.D.(11) D(1)(a) Zoning district buffers. Buffers shall be provided on land to be developed when it adjoins land in certain different zoning districts. Buffers shall be provided on the land to be developed according to the categories in the following tables: Zoning of Adjoining Land Zoning of Land to be Developed RP R4 R5 MH1 B1 B2 B3 OM M1 M2 EM MS RP - - - - A A A A A A A A R4 - - - - A A A A A A A A R5 - - - - A A A A A A A A MH1 C C C - B B B B B A A C B1 B B B B - - A A A A A B B2 B B B B - - - A A A A B Note: Table condensed to reflect zoning districts requiring “Category A” buffers only “Category A” – Zoning District Buffer Amendment 2 5-24-18 DRRC Agenda D(11) Proposed developments required to provide a “Category A” zoning district buffer as determined by §165-203.02D(1)(b) of this chapter may be permitted to locate accessory activities, such as parking, within 10 feet of an adjoining property if screening is provided. Screening shall be located between the accessory activity and the adjoining property and may include a six -foot opaque fence or a single row of evergreen trees that are a minimum of four feet in height and placed on eight foot centers at time of planting. The property owner shall be required to maintain the opaque fence or the evergreen trees in good condition to ensure that appropriate screening is provided at all times. Note: §165-203.02.D.(11) proposes new language to this section of the Zoning Ordinance. Greenway Engineering conducted a search of Chapter 144 Subdivision Ordinance and Chapter 165 Zoning Ordinance and determined that the addition of the new language specific to §165- 203.02.D.(11) will not require modifications to existing language within other sections of these Chapters. Item #4: Off-Street Parking, Loading & Access Proposal: This is a request by a private consultant/engineer to Chapter 165 – Zoning Ordinance to allow required off-street parking and parking lots to access portion of a split -zoned properties that do not permit the primary use. Current Zoning Ordinance Requirement: Under the current Zoning Ordinance, properties that are split-zoned are prohibited to locate parking on the portion of the property delineated with a separate zoning category to serve the primary use (for example property zoned B1RA (Neighborhood Business/Rural Areas) or property zoned RPB2 (Residential Performance/General Business)). Staff Evaluation: Staff has concern with this proposed text amendment to allow off-street parking and parking lots to access portion of a split-zoned property that does not permit the primary use. This may enable development to occur in closer proximity to adjacent properties without full y addressing the potential impact of a project. A land-use mechanism already exists for correcting zoning inconsistencies– a zoning amendment through the rezoning application. Rezoning applications afford the Planning Commission and Board of Supervisors the opportunity to work with property owners to address broader development impacts, including those related to transportation, site access, parking, and circulation. DRRC: Staff is looking for direction from the DRRC on the appropriateness of this request for a text amendment to the Zoning Ordinance. Depending on the outcome of this discussion, Staff may forward this item to the Planning Commission for further discussion. Attachments: Proposed Changes from Greenway Engineering Frederick County Zoning Ordinance §165-202.01, Off-street parking; parking lots Off-Street Parking Amendment 1 5-24-18 DRRC Agenda Off-Street Parking Amendment Purpose The proposed amendment provides for the ability to develop off-street parking and access required for the primary land use within limited portions of properties that are split-zoned or limited portions of properties that are split-zoned as a result of arterial and collector road right-of-way dedication to accommodate the recommendations of the Comprehensive Policy Plan. The proposed amendment limits this allowance for parking lots and their access to a maximum of 0.5 acres of the total project area. This allowance is intended to preclude property owners from having to rezone small areas (0.5 acres or less) of their property to accommodate off-street parking and access in order to move their development project forward and avoid untimely delays. §165-202.01 Off-street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights-of- way does not interfere with traffic. Proposed Amendment §165-202.01.D. D. Parking for properties that are split-zoned. Required off-street parking and parking lot access may be located within portions of split-zoned properties that do not permit the primary use under the following circumstances: (1) Primary structures and accessory structures are located completely within the portion of the property zoned for the permitted land use. (2) The development of parking lots and parking lot access is limited to 0.5 acres of the portion of the property not zoned for the primary use. Note: §165-202.01.D. proposes new language to this section of the Zoning Ordinance. Greenway Engineering conducted a search of Chapter 144 Subdivision Ordinance and Chapter 165 Zoning ordinance and determined that the addition of new language specific to §165-202.01.D. will not require modifications to existing language within other sections of these Chapters. Frederick County, VA https://ecode360.com/print/FR1364?guid=8707940[6/13/2018 10:43:13 AM] (1) A. Close Print Resize: Frederick County, VA Wednesday, June 13, 2018 Chapter 165. Zoning ARTICLE II. Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 202. Off-Street Parking, Loading and Access § 165-202.01. Off-street parking; parking lots. Off-street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights-of-way does not interfere with traffic. Required parking spaces. [Amended 2-26-1997; 9-23-2009] For certain residential uses, parking requirements are contained in the zoning district regulations. In all other cases, parking spaces shall be provided with each allowed use, on the lot containing the use, according to the following table: Use Required Spaces Single-family dwellings and mobile homes 2 Churches 1 for each 3 seats Schools, elementary or middle/intermediate No fewer than 1 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; 1 for each 10 students over driving age; 1 for each 4 seats for stadiums and/or auditoriums Colleges and universities No fewer than 1 per faculty and staff member and other full-time employees, plus 1 for every 10 students for maximum capacity at any one time Day care 1 per 5 children plus 1 per employee Nursing homes, personal care, adult care residences and assisted living care facilities 1 per 4 beds, plus 1 per employee on primary shift Hospitals 1.8 per bed Libraries, museums or galleries 1 per 400 square feet of floor area; 10 minimum Fraternal lodges, civic clubs and social centers 1 per 250 square feet of floor area, assembly area or recreation area Rooming houses, boardinghouses, tourist homes and bed-and-breakfasts 2 per single-family dwelling, plus 1 per guest room Frederick County, VA https://ecode360.com/print/FR1364?guid=8707940[6/13/2018 10:43:13 AM] (2) (a) (3) Motels, hotels and lodges 1 per room, plus appropriate spaces for restaurants and meeting rooms Assembly halls and meeting rooms 1 per 3 seats Funeral homes 1 per 4 seats; 30 minimum Commercial cemeteries 25 minimum Movie theaters 1 per 4 seats Indoor recreation 1 per 200 square feet of floor area Golf courses and driving ranges 3 per hole Miniature golf and driving ranges 2 per tee for the first 36 tees, then 1 per tee Campgrounds 1 per campsite Restaurants 1 per 100 square feet of seating floor area Fast-food or drive-in restaurants 1.4 per 100 square feet of seating floor area Retail and personal services 1 per 200 square feet of retail floor area Medical, dental, veterinarian offices and clinics 1 per 250 square feet of office area General offices 1 per 250 square feet of office floor area Banks and banks with drive-in windows 1 per 400 square feet of floor area Shopping centers (small strip-style centers) 6 per 1,000 square feet of retail floor area for centers with up to 30,000 square feet; 5 per 1,000 square feet of retail floor area for centers between 30,000 square feet and 60,000 square feet Shopping centers (non-enclosed); large integrated shopping centers 4 per 1,000 square feet of retail floor area for centers over 60,000 square feet Shopping centers (mall-type centers)3.5 per 1,000 square feet of retail floor area for centers with up to 400,000 square feet; 3.8 per 1,000 square feet of retail floor area for centers over 400,000 square feet Furniture and carpet stores; retail nurseries; farm equipment and feed sales; boat, mobile home and motor vehicle sales 1 per 400 square feet of enclosed floor area, plus 1 per 3,000 square feet of out- side display area, plus 2 per service bay Automobile service and service stations 2 per service bay plus required spaces for retail or office areas Self-service storage 3 at the office, plus 1 per employee Wholesaling, warehouses, truck terminals and construction storage, manufacturing and other industrial uses 1.5 per employee, plus any required spaces for office or similar use, plus 1 for each company vehicle and equipment stored outdoors Mining uses 3 per 4 employees Interpretation. When a use is not specifically listed above, 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. When a use is not specifically listed above, the Zoning Administrator may also use information provided by the applicant or other sources of information to determine the number of spaces required. Change in use or expansion. Parking requirements for changes in use and/or an expansion or enlargement of an existing structure and/or use shall be in accordance with the following: When there is a change in use (excluding shopping centers) to a use which has the same or Frederick County, VA https://ecode360.com/print/FR1364?guid=8707940[6/13/2018 10:43:13 AM] (b) [1] [2] [a] [b] [c] [d] [3] (a) (b) (c) (4) lesser parking requirement than the previous use, no additional parking shall be required. When there is a change to a use which has a greater parking requirement than the previous use, the minimum off-street parking requirements in accordance with the provisions of this chapter shall be provided for the new use. When an existing structure and/or use is expanded or enlarged, the additional minimum off-street parking requirements in accordance with the provisions of this chapter shall be provided for the area of such expansion or enlargement. Procedure for adjustments to parking requirements. Generally, the Zoning Administrator may approve a reduction in required parking spaces. Applications for such a reduction shall be submitted to the Zoning Administrator in conjunction with a site plan and include the following: [Amended 9-26-2012] A parking demand analysis which substantiates the basis for a reduced number of parking spaces. A plan showing how the parking spaces will be provided on the site. 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 executed by the owner of said lot or parcel of land and the parties having beneficial use thereof; Be enforceable by the owner, the parties having beneficial use, and their heirs, successors and assigns, or both; Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns, or both: and Be recorded in the office of the Clerk of the Circuit Court. Parking for mixed uses and loading facilities. In the case of mixed uses (not qualifying as accessory) or two 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. 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. 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 Frederick County, VA https://ecode360.com/print/FR1364?guid=8707940[6/13/2018 10:43:13 AM] (5) (6) (7) (8) (1) (2) (3) (4) B. (a) (b) (c) (1) C. building or a maximum walking distance of 400 feet. When the calculation of parking spaces results in a fraction of 0.5 or greater, the next greatest whole number shall be used. 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. When the required spaces are based on a number of employees, students, seats or other factor 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 time. Parking spaces based on floor area shall be determined based on the gross total floor area devoted to each separate use on the site. Shared parking. Required parking spaces may be located on a lot other than the lot containing the use under the following circumstances: 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 total spaces provided shall equal the sum of the number required for each use sharing the parking. When shared parking is provided on abutting lots, means of pedestrian access shall be provided between each use sharing the parking and the parking area. When shared parking is provided on abutting lots, 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. Parking limit for certain commercial vehicles. [Added 9-23-2009[1]] Within the RP Residential Performance District, the R5 Residential Recreational Community District, MH1 Mobile Home Community District, or any residential portion of the R4 (Residential Planned Community) District and the MS (Medical Support) District, the parking of the following types of vehicles shall be prohibited: Tractor truck or tractor truck trailer. Semitrailer. Garbage, refuse or recycling trucks. Frederick County, VA https://ecode360.com/print/FR1364?guid=8707940[6/13/2018 10:43:13 AM] (d) (e) (f) (g) (h) (i) (j) (k) (2) (a) (b) (3) [1] (a) (1) D. Towing and recovery vehicles. Cement trucks. Construction equipment (as defined). Buses. Dump trucks. Trucks with a total length of 25 feet or greater. Any vehicle with three or more axles. Any commercial vehicle as defined in § 165-101.02 of this Code. 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. Exceptions. The provisions of this subsection shall not apply to: 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 Any commercial vehicles (as defined) specifically permitted as part of a home or cottage occupation. Editor's Note: This ordinance also repealed former Subsection C, Parking space size. [2]Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: [Amended 6-9-1993; 9-12-2001; 5-8-2002; 4-23-2003; 12-10-2008; 9-23-2009] Surface materials. In the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office-Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, MS Medical Support District, RA (Rural Areas) District and the HE (Higher Education) 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. The Zoning Administrator may allow for the use of other hard-surface materials for parcels located Frederick County, VA https://ecode360.com/print/FR1364?guid=8707940[6/13/2018 10:43:13 AM] (b) (c) (d) (2) (a) (b) (c) (3) outside of the Sewer and Water Service Area if the site plan provides for 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. In the RA (Rural Areas) District, parking lots with 10 or fewer spaces shall be permitted to utilize gravel surfaces. Reinforced grass systems or other suitable materials may be used for overflow parking areas, low- volume accessways in all zoning districts and for agricultural uses in the RA (Rural Areas) District. Parking areas utilizing these materials shall have defined travel aisles and designated parking bays. These materials shall only be utilized with approval of the Frederick County Zoning Administrator and the Director of Public Works. [Amended 5-13-2015] The Zoning Administrator may approve alternative surface materials for parking lots for parcels located inside of the Sewer and Water Service Area 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. [Added 5-13-2015] Space demarcation. For 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. 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 in commercial, office and industrial developments. 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. Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of all parking lots. 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. All curbing shall be a minimum of six inches in height. All parking lots shall be included within an approved stormwater management plan. [Amended 11-10-2010] In the B3 Industrial Transition District, the OM Office-Manufacturing Park District, the M1 Light Industrial District and the M2 Industrial General District, the use of header curb shall be permitted in areas where the use of gutters is not necessary for stormwater management purposes. The Zoning Administrator may allow for the use of concrete bumpers instead of curbing for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. The Zoning Administrator may allow for the elimination of curb and gutter for parcels located inside of the Sewer and Water Service Area 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. Frederick County, VA https://ecode360.com/print/FR1364?guid=8707940[6/13/2018 10:43:13 AM] (a) (b) (4) (5) (a) (b) (c) (6) (7) (8) (a) (9) Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office-Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District and the HE (Higher Education) District. The raised islands shall be bordered by a six-inch concrete or rolled asphalt curb. All islands shall be at least nine feet wide and shall extend the length of the parking space or bay. The islands shall be landscaped with grass, shrubs, or other vegetative materials. The Zoning Administrator may waive the requirement for raised islands for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve modifications to the landscaped islands for parcels located inside of the Sewer and Water Service Area when necessary to implement low-impact development design and where approved by the Director of Public Works. 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 appropriate county officials. 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. Setbacks. All parking lots, loading spaces and travelways, except for single-family detached and mobile home residential uses, shall be set back as follows: At least 10 feet from any street or road right-of-way. At least five feet from all other property lines, except in cases where more than one lot shares the parking lot. In the M1 (Light Industrial) District and M2 (Industrial General) District, parking lots shall be located no closer than 10 feet to any minor or local street or road right-of-way and no closer than 25 feet to any collector or arterial street or road right-of-way. 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 (VUSBC). Entrance requirements. In no case shall a parking lot be approved which requires that vehicles back from parking spaces onto public roads. All parking lots shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and the Virginia Department of Transportation. The width of driveways serving the parking lot shall not be less than 24 feet for two- way traffic and 12 feet for one-way traffic. Parking space size and aisle requirements. All parking spaces and aisles shall be provided in accordance with Tables 1.1 and 1.2. Frederick County, VA https://ecode360.com/print/FR1364?guid=8707940[6/13/2018 10:43:13 AM] (b) (10) (11) (12) TABLE 1.1 Minimum Off-Street Parking Area Dimensions Angle of Parking (degrees) Width of Stall (feet) Depth of Stall (feet) Width of Aisle (feet) 30 9.0 20.0 *12.0/**20.0 10.0 18.0 *12.0/**22.0 45 9.0 20.0 *15.0/**20.0 10.0 18.0 *15.0/**22.0 60 9.0 20.0 *18.0/**20.0 10.0 18.0 *18.0/**22.0 90 9.0 20.0 *22.0/**22.0 10.0 18.0 *22.0/**24.0 NOTES: *One-way **Two-way All parking spaces shall be a minimum of 180 square feet in size. TABLE 1.2 Parallel Parking and Aisle Dimensions Direction of Traffic Width of Stall (feet) Depth of Stall (feet) Width of Aisle (feet) One-way aisle (one-side parking)9.0 22.0 12.0 One-way aisle (two-side parking)9.0 22.0 15.0 Two-way aisle (two-side parking)9.0 22.0 22.0 For other angles, the aisle width shall be the same as for the nearest angle in the above table. 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. Upon a change of use for the property or site, the spaces, demarcation, aisles and islands must be revised to conform to this chapter. Obstructions and structures. 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. Utility poles, light standards, trash containers and similar structures shall not be permitted within any aisle or parking space. 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 feet. Drive-in lanes. 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 feet and a minimum stacking distance of 90 feet. 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. All drive-in lanes shall be clearly separated from parking spaces, travel aisles, maneuvering Frederick County, VA https://ecode360.com/print/FR1364?guid=8707940[6/13/2018 10:43:13 AM] (a) (b) (13) (14) areas and driveways. 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. Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office-Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District, and the HE (Higher Education) District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. In the RA (Rural Areas) District, parking lot landscaping shall not be required for parking lots with 10 or fewer spaces. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet in excess of the first 100,000 square feet of the entire site. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 165-204.18, Storage facilities, self-service. The perimeter landscaping trees shall be reasonably dispersed throughout the parking lot. A three-foot-high evergreen hedge, fence, berm, or wall shall be provided to prevent headlights from shining on public rights-of-way and adjoining properties. All perimeter landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure, and maintenance. Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. All interior landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure, and maintenance. 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 walkways and crosswalks shall be provided, marked by durable painted stripes and appropriate signs. Frederick County, VA https://ecode360.com/print/FR1364?guid=8707940[6/13/2018 10:43:13 AM] [2]Editor's Note: Former Subsection D, regarding parking of tractor trucks, truck trailers and the like, as amended, was repealed 9-23-2009. This ordinance also redesignated former Subsection E as Subsection D.