DRRC 02-26-09 Meeting AgendaMEMORANDUM
COUN'T'Y of FREDERICK
Department of Planning and Development
To: Development Review and Regulations Committee
From: Candice E. Perkins, AICP, Senior Planner
Subject: February Meeting and Agenda
Date: February 19, 2009
540/665-5651
FAX: 540/665-6395
The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on
Thursday, February 26, 2009 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 DRRS will
discuss the following agenda items:
AGENDA
1) Recordation of Proffers. Discussion on revisions to the Frederick County Zoning
Ordinance to require that rezoning proffers be recorded.
2) Parking Requirements. Discussion on revisions to § 165-27 of the Frederick County
Zoning Ordinance (Off-street parking; parking lots).
Please contact this offcc 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/bad
Attachments
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Item #1: Proffers — Legal Form and Recordation
Currently, the Zoning Ordinance does not contain standards as to how proffer statements should be
written and does not require that proffers be recorded once accepted bY the Board of Supervisors.
Staff has prepared a revision to the ordinance that contains requirements for the legal form of proffer
statements, and a requirement for a title as well as a revision that would require approved proffers be
recorded with the Clerk of Courts. The proposed additions to the ordinance are as follows:
D. Legal form of proffer statement and title.
(I) All proffers shall be in writing and shall be in a form suitable for recordation in
the land records of Frederick County.
(2) Each proffer statement shall be accompanied by a certificate or title, prepared and
signed by an attorney licensed to practice law in the Commonwealth of Virginia.
The title certificate shall describe the property that is the subject of thepetition and
shall identify all parties having a recorded interest in the property, including legal
and equitable owners and shall state the source or interest for each party.
(3) The certificate of title shall state the latest date through which the applicant's
attorney examined the title to the property, which date shall not be more than six
(6) months prior to the date of the petition.
(4) The County Attorney may reject any certificate of title which, in his opinion, is
incomplete or is otherwise insufficient from a legal standpoint.
(S) The proffer statement shall define the owners of the subject property and shall be
signed by all parties involved. In the event that the applicantfor the rezoning is a
contract purchaser, said contract purchaser shall also be made party to the proffer
statement and shall sign same.
E. Recordation of Proffers. If the Frederick County Board of Supervisors approves
conditions as part of a rezoning, the Zoning Administrator or County Attorney shall,
within ten (10) days of the Board's actions, present the written proffer to the Clerk of the
Circuit Court for recordation.
If the DRRC is supportive of this ordinance amendment; staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Revised ordinance with additions shown in bold italics.
ARTICLE 11
Amendments
[Amended 6-13-1990]
165-13. Conditional rezoning.
ATTACHMENT 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.
A. Procedures. Proffers shall be presented to the Planning Commission at the advertised public
hearing for the rezoning. The Planning Commission shall make a recommendation on the
acceptance of the proffers and the rezoning to the Board of Supervisors following the
procedures described for amendments to this chapter. Final proffers shall be received in writing,
signed by the owner and applicant, at least five (5) days prior to the advertised hearing of the
Board of Supervisors.
B. Proffer Standards. The conditions proffered shall meet the following standards.
(1) The rezoning itself must give rise to the need for the conditions.
(2) Such conditions shall have a reasonable relation to the rezoning.
(3) All conditions shall be in conformity with the Comprehensive Plan.
C. Types of proffers. The types of conditions proffered shall include but need not be
limited to the following:
(1) Limitation on the use of the land.
(2) Limitations on the type of housing provided.
(3) Limitations of the size or locations of buildings or structures.
(4) Limitations on the density or intensity of the use.
(5) Conditions on the appearance or maintenance of structures or uses.
(6) Conditions preventing smoke, odors, fumes, dust, noise, traffic congestion or
flooding.
(7) Conditions or limitations on the location and nature of entrances and
driveways.
(8) Conditions concerning the number, location and design of parking and
loading spaces.
(9) Landscaping provisions.
(10) Provisions concerning outdoor storage and processing.
(11) Building height limitations.
(12) Provisions for stormwater management and environmental protection.
(13) Preservation and protection provisions for trees, woodland, streams or other
natural features.
(14) On-site or off-site sewer or water improvements.
(15) On-site or off-site drainage improvements.
(16) On-site or off-site road, entrance or driveway improvements.
(17) A particular master development plan or plan features or site layout features.
(18) Preservation of historic structures and sites located on the land to be rezoned.
(19) Buffer, screening and separation features.
(20) Requirements concerning the phasing or timing of development.
(21) The dedication of land for planned roads or for facilities identified in the
Frederick County Capital Improvements Plan.
(22) The construction of planned roads or necessary road improvements.
(23) The construction of facilities identified in the Frederick County Capital
Improvements Flan.
(24) Cash contributions for road improvements or for planned facilities identified
m the Frederick County Capital improvements Man.
(25) Other conditions used to lessen or mitigate the impacts identified in the
impact analysis.
D. Legal feta m of proffer statement and title.
(l) ill proffers shall be in writing and shall be in a furrra suitable for recordation iaa the
laud records of Frederick Count}
(2) Each projfer .statement shall be accompanied by, a certificate or title, prepared and
signed %t, an attorne , licensed to practice law in the Commonwealth of Virginia. Tile
title certificate shall describe the proper%, that is the subject of the petition and shall
identify all parties having a recorded interest in the property', includinf, legal and
equitable owners and shall state the source or interest./or each part}.
(3) The certiyicate of title shall state the latest date thorcugh which the applicant's
attorney, examined the title to the property, which date shall not be more than six (Fi)
months prior to the (late of the petition.
(4) The County Attorney- naay reject any, certificate of title which, in his opinion, is
incomplete or is otherwise insufficient frons a legal standpoint
(5) The proffer statement shall define the owners of the subject property= and shall be
signed Gy, all parties involved. In the event that the applicant_frtr the rezoning is to
contract purchaser, said contract purchaser shall also be mage party to the prgf fer
statement and shall sign sataae.
E. Recordation of PrJ fifers. ff the Frederick Cou_n4, Board of ,supervisors approves conditions
as part of a rezoning, the Zoning Administrator or Cor ntr Attorrrei, ,hall, within ten (I0) dtays
of the Board's actions, present the written proffer to the Clerk of the Circuit Court for
recordation.
F. -D. Amendment of conditions. Once accepted and adopted by the Board of Supervisors,
such conditions may only be changed through the procedures required for ordinance
amendments as described by this section.
G. K—Enforcement of conditions. The Zoning Administrator shall keep records of all conditions
attached to rezonings, which shall be readily accessible to the public. The Zoning Map shall
show by appropriate symbol the existence of conditions accepted for rezonings. In addition, the
Zoning Administrator shall maintain a conditional zoning index which shall provide for ready
access to the conditions created. Failure to meet all conditions shall constitute cause to deny the
issuance of building or occupancy permits. The Zoning Administrator shall enforce the
conditions attached to the rezoning using the following means:
(1) The ordering in writing of the remedy of any noncompliance with such
conditions.
(2) The bringing of legal action to ensure compliance with such conditions,
including injunction abatement or other appropriate actions.
(3) The requiring of a guaranty, satisfactory to the Board of Supervisors, in an
amount sufficient for the construction of any improvements required by the
conditions or a contract for the construction of such improvements. The
applicant's guaranty shall be reduced or released by the Zoning Administrator
upon the completion, in whole or in part, of such improvements.
Item #2: Parking Requirements
Over the past year, staff has been informed of the desire to revise the parking standards currently
contained in the Zoning Ordinance. As a result of that desire, staff has prepared a number of
revisions to § 165-27 of the Zoning Ordinance to revise the following:
• Required Off -Street Parking Spaces — This portion has been revised to place the standards in
a table, as well as revisions to decrease some of the parking requirements and add new types
of uses.
• Changes in Use — This is a proposed new section that pertains to changes in use or building
expansions.
• Adjustments to Parking Requirements — This is a proposed expansion of a section of the
ordinance proposed for elimination (165-27A(2)). This section would allow the Zoning
Administrator to reduce required parking spaces provided that the applicant demonstrates
that the reduction is warranted. The draft changes would also require the property owner to
enter into a covenant that would allow the Planning Commission to require more spaces if
the Zoning Administrator determines that the site requires additional spaces.
• Parking for Mixed Uses and Loading Facilities. This is a proposed addition that would allow
mixed uses to share parking spaces and would allow the Zoning administrator to reduce
spaces if it is determined that the peak parking requirement of the occupants occurs at
different times (either daily or seasonally), and the parking demand can be provided on the
premises.
• Captive Market. This is a proposed new section that would allow retail and restaurant
parking spaces to be reduced when it can be determined that some of the patronage can walk
from other uses (within 400 feet).
• Spaces Behind Buildings. This is a proposed new section that would place a percentage cap
on the spaces permitted to be located at the rear of a structure.
• Space Demarcation. This is proposed revision that would specify type of space demarcation
required and would require the Zoning Administrator to approve modifications.
• Setbacks — This is a proposed revision to add loading spaces and travel ways (currently
interpreted this way) to the setback section. This change also proposes a ten foot setback
from all road right-of-ways (excluding M1/M2 which requires 25 feet).
• Parking Space Size and Aisle requirements. This is a revision and a consolidation of two
sections. There are currently separate parking space and aisle sections in the ordinance. This
revision would combine the two into one section and tables. This revision also adds parallel
parking space requirements.
If the DRRC is supportive of this ordinance amendment, staff will forward it to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Revised ordinance with additions shown in bold italics and deletions
are shown with a strikethrough.
2. Clean Version
DRAFT PARKING REVISIONS 2009
ARTICLE IV
Supplementary Use Regulations
§ 165-27. 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.
A. Required parking spaces.
(1) 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 schedule
table:
Use Required Spaees
Sime f4m.'y=dweli,ings and mobile 2
homes
Ghmmrehes , for- eaeh 3 seats
Seho els and ealleges ' for- h 4 seats fem-
Stadiums auditoriums
per- effPe
Nur-sing homes, personal eafe, 1 per- 4 beds, phis 1
assisted 1i
[Amended 2-26-19971
Hospitals 1.8 pef bed
Woo . 40 fninimufn
oof aiea, asJ mGTS1biy are
of eefeatien
n,,,.ming hooses 1.e-dinghommses ' per roof m
and totmm-ist homes —
Motels, hotelsandledges 1per- room, Otis
spac f t t a
r v3
DRAFT PARKING REVISIONS 1 2009
DRAFT PARKING REVISIONS 12001,34
REQUIRED OFF-STREET PARKING SPACES
USE
REQUIRED PARKING
Single-family and mobile homes
2
Churches
1 for each 3 seats
Schools and colleges
I/Classroom and other room used by students plus
.2/student over driving age and I for each 4 seats
for stadiums or auditoriums
Day care
1 per 5 children plus 1 per employee
Nursing homes, personal care, adult care residences
1 per 4 beds, plus I per employee on
and assisted living care facilities
primary shift
Amended 2-264997
Hospitals
1.8 per bed
Libraries, museums or galleries
1 per 400 square feet of floor area;
10 minimum
Fraternal lodges, civic clubs
1 per 250 square feet of floor area,
assembly area or recreation area
Rooming houses, boardinghouses, and -tourist
1 p@F reem
homes
2 per single family dwelling plus one per guest
room
Motels, hotels and lodges, and bed and breakfasts
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
floor area
3 per hole
1 per 4-5-0 200 square136tees,
Golf courses and drivingran es
Miniature golf and driving ranges
2 per tee or the first then 1 per tee
Cam rounds
1 er cam site
Restaurants
1 per 100 s uare feet area
Fast-food or drive-in restaurants
1.4 er 100 s uare feoor area
Retail and personal services
1 per 200 square feet of floor area
Medical, dental, veterinarian offices and clinics
1 per 250 square feet
General offices, '
1 er 250 s uare feet of floor area
Banks and banks with drive-in windows
= pef 250 square feet -of ... ,,,.e
I -411n s uare eet o oor area
Shopping Centers
6/1, 000 sq. ft. of floor areas for centers
(small strip -style centers)
with up to 30,000 sq. ft.
5/1, 000sq. ft. of floor area for centers
between 30,000 and 60,000 s . ft.
Shopping Centers (Non Enclosed)
4/1,000 sq. ft. offloor area for centers
Large Integrated Shopping Centers
over 60,000 sq..
Sl:c ing Centers (I✓lall-type centers)
3.5/1,000 s . ft offloor area or centers with a to
DRAFT PARKING REVISIONS 12009
09
(2) 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. The Zening A ,a,,. mist e- may
some var-iatien in the standards for- i:equir-ed par -king based an detailed pafki
demand st-udies --e-4
1-1 111—ded by the appliean4. Sueh studies should be based aii
aeetff a4e a"ysis of the par -king demands of aetua4 similar- uses.
(3) 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:
(a) When there is a change in use (excluding shopping centers) to a use
which has the same or 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 Article shall be provided for the new use.
(b) When an existing structure and/or use is expanded or enlarged, the
minimum off-street parking requirements in accordance with the
provisions of this Article shall be provided for the area of such
expansion or enlargement.
(4) Procedure far Adjustments to Parking Requirements.
400, 000 sq. ft.
3.8/11000 sq. ft. of floor area for centers over
400, D00 s . t.
Furniture and carpet stores; retail nurseries; farm
1 per 440 square feet of enclosed floor area
equipment and feed sales; boat, mobile home and
plus 1 per 3,000 square feet of outside display area,
motor sales; boat, mobile home and motor vehicle
plus 2 spaces per service bay
sales
Automobile service and service stations
-3 2 per service bay plus required spaces for retail
or office areas
Self service storage
1 space per- 5,000 squafe `et floes r- area
3 spaces at the o ice plus I space per employee
Wholesaling, warehouses, truck
4 per- employee
0. 5/1, 000 square feet of floor area plus any
required s aces or office or similar use
Manufacturing and mining and other Industrial uses
es
2/1,000 sq. ft. offloor area plus any required
s aces foro tce or similar use
(2) 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. The Zening A ,a,,. mist e- may
some var-iatien in the standards for- i:equir-ed par -king based an detailed pafki
demand st-udies --e-4
1-1 111—ded by the appliean4. Sueh studies should be based aii
aeetff a4e a"ysis of the par -king demands of aetua4 similar- uses.
(3) 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:
(a) When there is a change in use (excluding shopping centers) to a use
which has the same or 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 Article shall be provided for the new use.
(b) When an existing structure and/or use is expanded or enlarged, the
minimum off-street parking requirements in accordance with the
provisions of this Article shall be provided for the area of such
expansion or enlargement.
(4) Procedure far Adjustments to Parking Requirements.
DRAFT PARKING REVISIONS 12009
A. In the specified instances set forth in Paragraphs 2 through 3 below, the
Zoning Administrator may approve a reduction in required parking spaces.
Applications far such a reduction shall include the following information:
(1) A parking demand analysis which substantiates the need for a reduced
number of parking spaces.
(2) A plan showing how the parking spaces will be provided on the site.
(3) A covenant must be executed guaranteeing that the owner will provide
the additional spaces if the Zoning Administrator, upon thorough
investigation of the actual utilization of parking spaces at the building or
complex, recommends to the Planning Commission that the approved
reduction be modified or revoked Said covenant shall state:
i. Be executed by the owner of said lot or parcel of land and the
parties having beneficial use thereof;
ii. Be enforceable by either the parties having beneficial use thereof
or both;
iii. Be enforceable against the owner, the parties having beneficial
use, and their heirs, successors and assigns or both; and
iv. Be first recorded in the Office of the Clerk of the Circuit Court.
The Zoning Administrator will review the above completed application
and make a recommendation to the Planning Commission. The
Planning Commission may impose such additional conditions as are
deemed necessary to protect and assure compliance with the objectives
of this section.
B. 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 it can be
determined by the Zoning administrator 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.
C. Captive Market. Parking requirements for retail and restaurant uses may
be reduced where it can be determined 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 9'00 feet.
(5)(3) In cases where mixed uses share the same parking area, the parking spaces
required shall equal the sum of the spaces required for the various uses. In
DRAFT PARKING REVISIONS 1 2009_
some cases, different uses will be contained in a single structure or site plan,
and in those cases, the spaces required shall equal the sum of the spaces for
each use.
(6)(4) When the above requirements result in a requirement for a fractional space,
the parking spaces required shall be the next highest whole number.
(7) In circumstances when no customer or puhlic entrance or access is located at
the rear of a structure, no more than five percent (5%) ot'the required spaces
shall be located in the rear of buildings or uses.
(8)(5) 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 possible number.
(9)(4) Parking spaces based on floor area shall be determined based on the gross
total floor area devoted to each separate use on the site.
B. Shared 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.
(2) 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.
(3) 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.
(4) 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.
. � and shall be no less than nine feet in width.
D. -C. No part of a tractor truck, tractor truck trailer, semitrailer, bus or dump truck shall be
parked or stored within the RP Residential Performance District, the R5 Residential
Recreational Community District or the MHl Mobile Home Community District.
Any truck with a total length of 25 feet or greater shall not be parked or stored within
the RP, R5 or MH1 Zoning Districts. [Amended 6-9-1993]
DRAFT PARKING REVISIONS : 009
&D. 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:
(1) 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 and the MS Medical Support 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 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.
(2) Space demarcation. All parking spaces shall be marked by durable four (4) inch
white lines painted on the pavement paifAea lines or curbs extending the length of
the space. Any other proposed color and size will require approval by the Zoning
Administrator. The Zoning ^ d er- fliay Ale iv apprepr-iate a4temative
markings. Signs and pavement markings shall be utilized, as necessary, to ensure
safe traffic movement and pedestrian access and to designate handicapped parking
spaces.
(3) Curbs and gutters. Concrete curbing and gutters shall be installed around the
perimeter of all 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 Ml Light Industrial District, the M2
Industrial General District and the Ms Medical Support District. The curbing shall be
a minimum of six inches in height. All parking lots shall be included within an
approved stormwater management plan. 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.
(4) 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 Ml Light Industrial District, the M2
Industrial General District and the MS Medical Support District. The raised islands
DRAFT PARKING REVISIONS U0
shall be bordered by 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.
(5) Setbacks. All parking lots and loading spaces, and travelways, except for single
family detached and mobile home residential uses shall be set back as follows:
rha4l be loe tel no elos than five feet tRm any pr - t 1
J 7 j' eases where
r.
rmeFe than one lot shares the par -king let. in rsciSiheases,e , the-paF 1 + � t
closer- than five -feet fro„n +iY + boundar-y of the lots ,
in the N41 hig4A 1ndustfi 1 Dist.:_a .7 N42 Mdiistfia4 Genet -a4 Di tfi +par -king
shall be loeated no eloser than 25 feet to any road right of
(a) At least ten (10) feet from any street or road fight -of -way.
(b) At leastfive (5) feet from all other property lines, except in cases where more
than one lot shares the parking lot.
(c) In the MI (Light Industrial) District and M2 (Industrial General) ,'District,
parking lots shall be located no closer than 25 feet to any street or road right-of-
way.
(6) Handicapped spaces. Handicapped parking spaces shall be provided in any
parking lot according to the requirements of Virginia Uniform Statewide Building
Code. Handicapped parking spaces shall have a minimum width of 12 feet.
Handicapped spaces shall be located on the perimeter of the parking lots adjacent to
sidewalks. A three -foot -wide curb ramp shall be provided adjacent to the
handicapped parking spaces to provide access to the sidewalk. The number of spaces
provided shall be as follows:
Total Parking Spaces
Spaces
1 to 25
26 to 50
51to75
-74 76 to 100
101 to 150
151 to 200
201 to 300
301 to 400
401 to 500
501 and more
Required
Handicapped
1
2
3
4
5
6
7
8
9
2% of total
(7) 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
DRAFT PARKING REVISIONS 2009
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. [Amended 6-9-
19931
(8) Parking space size and aisle requirements.
(a) Access to e space shall be pr-ovided by an aisle with the
following width- All parking spaces and aisles shall be provided in
accordance with tables LI and 1.2.
Aisle Width
Par-Iiing Sp He Way Two Way
P-afallel 12 L9
'10 12 7n
z�
45 i5 7!1
�-v
60 1 g
90 22 0�
zz
TABLE 1.1
Minimum Off -Street
Parking Area Dimensions
Angle of
Width of
Depth of Stall
Width of
Parking
Stall feet
Perpendicular
Aisle
Degrees
22.0
To Aisle feet
30
9.0
9.0
*12.0
10.0
10.0
**20.0
45
9.0
9.0
* 1-5. _0
10.0
10.0
**20.0
60
9.0
20.0
* 18.0
9.0
10.0
18.0
**20.0
90
9.0
20.0
*22.0
10.0
18.0
**22.0
*One-way
"Two-way
TABLE 1.2
arallel Parkin and Aisle Dimensions
of
Width of Stall
Depth of Stall
Width of
Feet
Feet
Aisle
sle
*One-way
9.0
22.0
12.0
le
9.0
22.0
15.0
parking)
Two-way aisle
9.0
22.0
22.0
(Two -side
parking)
DRAFT PARKING REVISIONS'(
(b) For other angles, the aisle width shall be the same as for the nearest angle
in the above table.
(9) 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.
(10) 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 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. (Amended 5-8-20021
(11) 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 and the M2 Medical
Support 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. Landscaping shall also be provided to
reduce the visual expansiveness of parking lots. Landscaping shall be provided in
such parking lots as follows:
(a) 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 site. One tree shall be provided
for every 5,000 square feet of impervious area over 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 § 165-44, Self -storage facilities. The majority of these
trees shall be located around parking lots. A three -foot -high evergreen
hedge, fence, berm or wall shall be provided to prevent headlights from
shining on public rights -of -ways and adjoining properties. All perimeter
DRAFT PARKING REVISIONS 21009
landscaping shall comply with the requirements of §165-36C, Plant
selection, planting procedure and maintenance.
(b) 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 § 165-36C, Plant selection, planting
procedure and maintenance.
(12) 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.
DRAFT PARKING REVISIONS - Clean Version 00
ARTICLE IV
Supplementary Use Regulations
§ 165-27. 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.
A. Required parking spaces.
(1) 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:
REQUIRED OFF-STREE r PARKING SPACES
I
i
USE
REQUIRED PARKING
Single-family dwellings and mobile homes
2
Churches
1 for each 3 seats
Schools and colleges
1/Classroom and other room used by students plus
.2/student over driving age and I for each 4 seats
for stadiums or auditoriums
Day care
1 per 5 children plus 1 per employee
Nursing homes, personal care, adult care residences
and assisted living care facilities
[Amended 2-26-1997]
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
1 per 250 square feet of floor area,
assembly area or recreation area
Rooming houses, boardinghouses, and -tourist
homes
2 per single family dwelling plus one per guest
room
Motels, hotels and lodges, and bed and breakfasts
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 floor area
DRAFT PARKING REVISIONS - Clean =version I
Fast-food or drive-in restaurants
1.4 per 100 s uare feet of floor area
Retail and personal services
1 per 200 square feet of floor area
Medical, dental, veterinarian offices and clinics
1 per 250 square feet
General offices
1 per 250 square feet of floor area
Banks and banks with drive-in windows
1 per 400 square feet of floor area
Shopping Centers
6/1,000 sq. ft. of floor areas for centers
(small strip -style centers)
with up to 30,000 sq. ft.
5/1,000sq. ft. of floor area for centers
between 30,000 and 60,000 sq. ft.
Shopping Centers (Non Enclosed)
4/1,000 sq. ft. of floor area for centers
Large integrated Shopping Centers
over 60,000 sq. ft.
Shopping Centers (Mall -type centers)
3.5/1,000 sq, ft. of floor area for centers with up to
400,000 sq. ft.
3.8/1/000 sq. ft. of floor area for centers over
400,000 sq. ft.
Furniture and carpet stores; retail nurseries; farm
1 per 400 square feet of enclosed floor area
equipment and feed sales; boat, mobile home and
plus 1 per 3,000 square feet of outside display area,
motor sales; boat, mobile home and motor vehicle
plus 2 spaces per service bay
sales
Automobile service and service stations
2 per service bay plus required spaces for retail
or office areas
Self service storage
3 spares at the office plus 1 space per ern loyee
Wholesaling, warehouses, truck
0.5/1,000 square feet of floor area plus any
re wired spaces for office or similar use
Manufacturing and mining and other Industrial uses
2/1,000 sq. ft. of floor area plus any required spaces
for office or similar use
(2) 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.
(3) 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:
(a) When there is a change in use (excluding shopping centers) to a use which
has the same or 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 Article shall be provided for the new use.
DRAFT PARKING REVISIONS - Clean Version 121009
(b) When an existing structure and/or use is expanded or enlarged, the
minimum off-street parking requirements in accordance with the
provisions of this Article shall be provided for the area of such expansion
or enlargement.
(4) Procedure for Adjustments to Parking Requirements.
A. In the specified instances set forth in Paragraphs 2 through 3 below, the
Zoning Administrator may approve a reduction in required parking spaces.
Applications for such a reduction shall include the following information:
(1) A parking demand analysis which substantiates the need for a reduced
number of parking spaces.
(2) A plan showing how the parking spaces will be provided on the site.
(3) A covenant must be executed guaranteeing that the owner will provide the
additional spaces if the Zoning Administrator, upon thorough investigation
of the actual utilization of parking spaces at the building or complex,
recommends to the Planning Commission that the approved reduction be
modified or revoked. Said covenant shall state:
i. Be executed by the owner of said lot or parcel of land and the
parties having beneficial use thereof,
ii. Be enforceable by either the parties having beneficial use thereof
or both;
iii. Be enforceable against the owner, the parties having beneficial use,
and their heirs, successors and assigns or both; and
iv. Be first recorded in the Office of the Clerk of the Circuit Court.
The Zoning Administrator will review the above completed application
and make a recommendation to the Planning Commission. The Planning
Commission may impose such additional conditions as are deemed
necessary to protect and assure compliance with the objectives of this
section.
B. 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 it can be determined by the Zoning
administrator 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.
A
DRAFT PARKING REVISIONS - Clean Version 1 2009
C. Captive Market. Parking requirements for retail and restaurant uses may be
reduced where it can be determined 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.
(5) In cases where mixed uses share the same parking area, the parking spaces
required shall equal the sura of the spaces required for the various uses. In
some cases, different uses will be contained in a single structure or site plan,
and in those cases, the spaces required shall equal the sum of the spaces for
each use.
(6) When the above requirements result in a requirement for a fractional space,
the parking spaces required shall be the next highest whole number.
(7) In circumstances when no customer or public entrance or access is located at the
rear of a structure, no more than five percent (5%) of the required spaces shall be
located in the rear of buildings or uses.
(8) 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 possible number.
(9) 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:
(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.
(2) 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.
(3) 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.
(3) 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.
No part of a tractor truck, tractor truck trailer, semitrailer, bus or dump truck shall be
parked or stored within the RP Residential Performance District, the R5 Residential
DRAFT PARKING REVISIONS - Clean Version 1 2009
Recreational Community District or the MH1 Mobile Home Community District.
Any truck with a total length of 25 feet or greater shall not be parked or stored within
the RP, R5 or MH1 Zoning Districts. [Amended 6-9-1993]
D. 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:
(1) 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 BI 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 and the MS Medical Support 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 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.
(2) Space demarcation. All parking spaces shall be marked by durable four (4) inch
white lines painted on the pavement or curbs extending the length of the space. Any
other proposed color and size will require approval by the Zoning Administrator.
Signs and pavement markings shall be utilized, as necessary, to ensure safe traffic
movement and pedestrian access and to designate handicapped parking spaces.
(3) Curbs and gutters. Concrete curbing and gutters shall be installed around the
perimeter of all 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 Bl Neighborhood Business
District, the B2 Business General District, the B3 Industrial Transition District, the
OM Office -Manufacturing Park District, the Ml Light Industrial District, the M2
Industrial General District and the Ms Medical Support District. The curbing shall be
a minimum of six inches in height. All parking lots shall be included within an
approved stormwater management plan. 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.
(4) 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
DRAFT PARKING REVISIONS - Clean Version 12009
OM Office -Manufacturing Park District, the MI Light Industrial District, the M2
Industrial General District and the MS Medical Support District. The raised islands
shall be bordered by 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.
(5) Setbacks. All parking lots and loading spaces, and travelways, except for single
family detached and mobile home residential uses shall be set back as follows:
(a) At least ten (10) feet from any street or road right-of-way.
(b) At least five (5) feet from all other property lines, except in cases where more
than one lot shares the parking lot.
(c) In the M1 (Light Industrial) District and M2 (Industrial General) District, parking
lots shall be located no closer than 25 feet to any street or road right-of-way.
(6) Handicapped spaces. Handicapped parking spaces shall be provided in any parking
lot according to the requirements of Virginia Uniform Statewide Building Code.
Handicapped parking spaces shall have a minimum width of 12 feet. Handicapped
spaces shall be located on the perimeter of the parking lots adjacent to sidewalks. A
three -foot -wide curb ramp shall be provided adjacent to the handicapped parking
spaces to provide access to the sidewalk. The number of spaces provided shall be as
follows:
Total Parking Spaces
1 to 25
26 to 50
51 to 75
76 to 100
101 to 150
151 to 200
201 to 300
301 to 400
401 to 500
501 and more
Required
Handicapped Spaces
2
3
4
5
6
7
9
2% of total
(7) 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. [Amended 6-9-
1993]
DRAFT PARKING REVISIONS - Clean Version 2009
(g) Parking space size and aisle requirements.
(a) All parking space dimensions and aisles widths shall be provided in
accordance with tables 1.1 and 1.2.
TABLE 1.1
Minimum Off -Street
Parking Area Dimensions
Angle of
Width of
Depth of Stall
Width of
Parking
Stall feet
Perpendicular
Aisle
Degrees
22.0
To Aisle feet
(One -side
30
9.0
9.0
* 12.0
10.0
10.0
**20.0
45
9.0
9.0
*15.0
10.0
10.0
**20.0
60
9.0
20.0
* 18.0
9.0
10.0
18.0
**20.0
90
9.0
20.0
*22.0
10.0
18.0
**22.0
*One-way
"Two-way
TABLE 1.2
Parallel Parking and Aisle Dimensions
Direction of
Width of Stall
Depth of Stall
Width of
Traffic
Feet
Feet
Aisle
One-way aisle
9.0
22.0
12.0
(One -side
parking)
One-way aisle
9.0
22.0
15.0
(Two side
parking)
Two-way aisle
9.0
22.0
22.0
(Two -side
parking)
(b) For other angles, the aisle width shall be the same as for the nearest angle
in the above table.
(9) 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.
DRAFT PARKING REVISIONS - Clean Versio1200
nA
(10) 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 Cet 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 vr'idths. All drive-in lanes shall be clearly separated from
parking spaces, travel aisles, maneuvering 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. [Amended 5-8-2002]
(11) 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 Ml
Light Industrial District, the M2 Industrial General District and the M2 Medical
Support 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. Landscaping shall also be provided to
reduce the visual expansiveness of parking lots. Landscaping shall be provided in
such parking lots as follows:
(a) 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 site. One tree shall be provided
for every 5,000 square feet of impervious area over 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 § 165-44, Self -storage facilities. The majority of these
trees shall be located around parking lots. A three -foot -high evergreen
hedge, fence, berm or wall shall be provided to prevent headlights from
shining on public rights -of -ways and adjoining properties. All perimeter
landscaping shall comply with the requirements of §165-36C, Plant
selection, planting procedure and maintenance.
(b) 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
DRAFT PARKING REVISIONS - Clean Version 009
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 § 165-36C, Plant selection, planting
procedure and maintenance.
(12) 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.