DRRC 08-27-09 Meeting AgendaCOUNTY of FREDERICK
N) Department of Planning and Development
MEMORANDUM
To: Development Review and Regulations Committee
From: Candice E. Perkins, AICP, Senior Planner
Subject: August Meeting and Agenda
Date: August 12, 2009
540/665-5651
FAX: 540/665-6395
The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on
Thursday, August 27, 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 DRRC will
discuss the following agenda items:
AGENDA
Rural Area (RA) District Revisions. Discussion on revisions to the Frederick County
Zoning and Subdivision Ordinances pertaining to the Rural Areas (RA) District in
accordance with the recently adopted Rural Areas Study.
2. Chapter 161 Revisions — Health System/Sewage Disposal Ordinance. Discussion on
revisions to Chapter 161 of the Frederick Code in accordance with the recently adopted Rural
Areas Study.
Commercial Recreation, Indoor. Discussion on revisions to the Frederick County
Zoning Ordinance to include Commercial Recreation (Indoor) as a permitted use in the
M1 (Light Industrial) Zoning District.
Please contact this office if you will not be able to attend the meeting. Thank you.
Access to this building is limited during the evening hours. Therefore, it will be necessary to enter
the building through the rear door of the four-story wing. I would encourage Committee members
and interested citizens to park in the County parking lot located behind the new addition or in the
joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing.
CEP/bad
Attachments
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Item #1 Rural Area (RA) District Revisions
On April 22, 2009 the Board of Supervisors approved the Rural Areas Report and
Recommendation as a policy component of the Comprehensive Policy Plan. This report
contained recommendations from the Rural Areas Subcommittee, which was a group created by
the Board of Supervisors. The Subcommittee was charged with identifying growth and
development trends and related issues in the rural areas of the County, gathering ideas to address
those issues and forwarding a recommendation for resolution to the Board of Supervisors. One
of the recommendations contained within the report was to:
• Implement enhancements to the existing Rural Preservation Lot subdivision
requirements.
o Maintain a minimum lot size of two acres.
o Increase the preservation lot (cluster set-aside lot) from 40 percent of the parent
tract to a minimum 60 percent of the parent tract.
o Removal of the density exception for the rural preservation lot.
This agenda item is the first to implement some of the recommendations contained within the
Rural Areas Report. Specifically, this ordinance amendment addresses the changes to the rural
preservation subdivision requirements contained within Article IV of the Zoning Ordinance and
Articles II and V of the Subdivision Ordinance.
This draft amendment proposes the following:
• Rural preservation tract be counted towards the permitted residential density of the parent
tract.
• Increase the rural preservation tract requirement from forty percent to sixty percent.
• Exempt the preservation tract from the maximum depth requirements.
• Elimination of agricultural lots from the RA District.
• Permitted RA uses - addition of animal husbandry and farm wineries, removal of cottage
occupation signs.
• Conditional RA uses — addition of Off -premise farm markets, Commercial stables,
equestrian facilitates and commercial riding facilitates, Petting farms, Bed and
Breakfasts, Country clubs (with or without banquet facilities), Welding Businesses and
Cottage occupation signs.
• Additional standards for farm wineries, and welding businesses.
• New definitions that correspond to the new permitted/conditional uses
Following the DRRC review of these amendments, staff will forward them to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Revised ordinance with additions shown in bold italics and
deletions shown with a strikethrough (Article IV of the Zoning
Ordinance and Articles II and V of the Subdivision Ordinance).
Chapter 165, ZONING
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401— RA Rural Areas District
§ 165-401.01. Purpose and intent.
A. The purpose of the rural area regulations is to preserve large, open parcels of land, tree cover, scenic views,
sensitive environmental areas and prime agricultural and locally significant soils_ The regulations provide for a
variation in lot size, at a density not to exceed one unit per five acres. The varying lot size is permitted in order to
facilitate designs that blend in with the existing landscape and preserve some larger tracts of undeveloped land in
order to maintain the rural character of the County, as weff as provide a choice to home buyers_
B. The regulations are intended to reduce environmental impacts, such as soil erosion, by requiring development
which is sensitive to the existing features of the natural terrain and by reducing the amount of clearing needed for
roads. Diversity and originally in lot layout are encouraged in order to achieve the best possible relationship
between the development and the land. Individual lots and streets should be designed to minimize alteration of
the natural site features, relate positively to surrounding properties and protect the views from surrounding areas.
It is intended that by allowing flexibility in the subdivision design, while at the same time requiring that
environmental concerns be addressed, a more attractive, environmentally sound and economically viable
development will result.
§ 165-401.02. Permitted uses.
Structures and land shall be used for one of the following uses:
A. Agriculture, farming, dairies, animal husbandry, and forestry.
B. Orchards, horticulture and the production of nursery stock and products.
C. Single-family dwellings.
D. Mobile homes.
E. Schools (without residential component).
F. Public parks and playgrounds.
G. Churches.
H. Home occupations Las defined).
I. Natural conservation areas.
J. Winchester Airport.
K. Group homes
L. Fire stations, companies and rescue squads.
M. Frederick County sanitary landfill.
N. Commercial and institutional cemeteries with or without funeral homes or cemetery office complexes.
O. Post offices.
P. Radio and television towers and their accessory buildings
Q. Public utility generating, booster or relay stations, transformer substations, tF ansmission lines and towers, pipes,
meters and other facilities, railroad facilities and sewer and water facilities and lines owned by public utilities,
railroad companies or public agencies.
R. Required off-street parking.
S. Oil and natural gas exploration, provided that the following requirements are met:
(1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and local
regulations shall be met.
(2) A site plan shall be reviewed and approved meeting all requirements of the Frederick County
Code.
(3) Approval of the site plan and use shall be for 90 days, with s,--bsequent renewals being approved
by the Planning Commission.
(4) In order to begin extraction of the resources, a rezoning to the EM Extractive Manufacturing
Zoning District will be required.
T. Museums, parks or historic sites used for educational or historic preservation purposes.
U. Business signs.
V. Signs allowed in § 165-201.066.
X. W. Accessory uses.
Y. X. Poultry farms and hatcheries and egg production.
Z. Y. Fish hatcheries and fish production.
AA. Z. Hog farming. It shall be unlawful for any person to have or maintain or to permit to be erected, in the
County, any hog pen that is located closer than 200 feet to a residence or an adjoining property that is used for
human habitation.
BB. AA. Local government services office.
CC. BB. Residential subdivision identification signs.
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CC. Farm Wineries
§ 165-401.03. Conditional uses.
The following uses of structures and land shall be allowed only if a conditional use permit has been granted for the
use:
A. (Reserved)! Bed and Breakfasts.
B. (Resepw �'�Country clubs, with or without banquet facilities.
C. (Reser:ved)3 Manufacture or sale of feed and other farm supplies and equipment.
D. Fruit packing plants.
E. Off -premise farm markets.
F. Off -premises wayside stands.
G. Country general stores.
H. Service stations.
I. Antique shops.
J. Restaurants.
K. Kennels.
L. Commercial stables, equestrian facilitates and commercial riding facilitates
M. Petting farms.
N. Television or radio stations.
O. Motels.
P. Auction houses.
Q. Campgrounds, tourist camps, recreation areas and resorts.
R. Commercial outdoor recreation, athletic or park facilities.
S. Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities.
T. Sawmills and planing mills, Type B.
U. Ambulance services.
3
V. Retailing or wholesaling of nursery stock and related products.
W. Landscape contracting businesses.
X. Public garages without body repair, provided that the following conditions are met:
(1) All repair work shall take place entirely within an enclosed structure.
(2) All exterior storage of parts and equipment shall be screened from the view of surrounding
properties by an opaque fence or screen at least five feet in height. This fence or screen shall be
adequately maintained.
Y. Public garages with body repair, provided that the following conditions are met:
(1) All repair work shall take place entirely within an enclosed structure.
(2) All exterior storage of parts and equipment shall be screened from the view of surrounding
properties by an opaque fence or screen at least five feet in height. This fence or screen shall be
adequately maintained.
Z. Sand, shale and clay mining, provided that the following conditions are met:
(1) All mining shall be above the mean, existing grade level of a parcel of land.
(2) All mining operations shall meet all applicable requirements of state and federal agencies.
(3) Such mining operations shall meet the landscaping and screening requirements, supplementary
regulations, height, area and bulk regulations and site plan requirements contained in the EM
Extractive Manufacturing District regulations.
AA. Cottage occupations (as defined).
BB. Cottage occupation signs.
CC. Veterinary office, clinic or hospital, including livestock services.
DD. Day-care facilities
EE. Humanitarian aid organizational office.
FF. Schools (with residential component).
GG. Fruit and vegetable stands (SIC 5431).
HH. Blacksmith shops (SIC 7699).
Il. Farriers (SIC 7699).
JJ. Horseshoeing (SIC 7699).
M
KK. Taxidermists (SIC :699).
LL. Welding (SiC 7692).
§ 165-401.04. Permitted residential density; exception.
A. The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit
per five acres as determined by the size of the parent tract as it existed on the 'ate of adeption f this section.
December 11, 1991.
B. Exception to permitted density. On lots containing between seven and ten -acres which were lots of record prior
to the a ^^+i^^ ^f this article December 11, 1991, lots of two or more acres may be created despite the density
limit of one unit per five acres, provided that they meet the requirements of § 165-401.06B of this chapter.
permitted density of the parent tract.
§ 165-401.06. Permitted lot sizes.
The following types of lots shall be permitted:
A. Traditional five acre lots. On any parcel, lots of five acres in size or greater shall be permitted.
B. Family division lots. On any parcel which contained seven acres or more prior to the adepti^ f +h"article
December 11, 1991, lots as small as two acres may be created, provided that the following conditions are met'.
(1) Lots are conveyed to members of the immediate family of the owner of record of the parent tract.
(2) Only one such lot shall be permitted per immediate family member.
(3) One parcel of at least five acres in size shall remain intact following the division.
(4) The creation of all such lots shall be in accordance with the provisions of the Frederick County
Subdivision Chapter and § 15.2-2244 of the Code of Virginia.
C. Rural preservation lots.
(1) Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20
acres in size, subject to the following:
(a.) Fony Sixty percent or more of the parent tract shall remain intact as a contiguous parcel (Rural
Preservation Tract).
(b.) This acreage must be designated prior to the division of the fourth lot.
(c.) No future division of this designated Rural Preservation Tract shall be permitted.
(2) Exception to the Rural Preservation Tract. In cases where excessive topography or other natural
features of a site create a situation where a higher quality subdivision design, resulting in less
physical and/or visual disruption could be achieved by allowing two residual parcels to be created,
the Planning Commission may permit the 40% 60% to be made up of two parcels.
§ 165-401.08. Minimum width; maximum depth.
A. Minimum width. The minimum width for rural preservation lots fronting on roads proposed for dedication shall
be 200 feet at the front setback, with the exception of lots fronting on the turnaround of a cul-de-sac, which
shall have a minimum width at setback of 100 feet. The minimum width for all other lots shall be 250 feet at the
front setback line.
B. Maximum depth. The nnaximum depth of any lot shall not exceed four times its width at the front setback line.
Within subdivisions utilizing rural preservation lots the sixty -percent parcel (Rural Preservation Tract) shall be
exempt from the maximum depth requirement.
ATTACHMENT 1
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 — Additional Regulations for Specific Uses
§ 165-204.22. Farm Wineries.
Farm Wineries in the RA (Rural Areas) District shall meet the following requirements:
A. The following shall be considered by -right accessory uses at farm wineries:
(1) The production and harvesting of fruit and other agricultural products,_
(2) The manufacturing of wine
(3)The storage and sale of wine produced by the winery, including retail sales, direct sales and
shipment, as well as wholesaling
(4)The provision for on-site winery tours;
(5)The incidental retail of wine -related items; and
(6) Wine tasting.
B. Special events shall be permitted only on farm wineries of ten acres or larger. Any event which
more than 50 people are anticipated will require a festival permit.
C. A site plan in accordance with the requirements of Article V111 shall be submitted to and approved by
Frederick Count V.
D. All signs shall conform to the signage requirements specified in §165-201.06.
§ 165-204.23. Welding Repair (SiC 7692).
A. Welding repair operations in the RA (Rural Areas) District, shall meet the following requirements:
(1) Hours of operation shall be 7:00am-7:00pm Monday -Saturday.
(2) Total building area shall not exceed 5,000 square fget.
(3) All outdoor storage or repair areas shall be screened by a six foot board -on -board fence,
evergreen screen or berm.
(4) A Category C Buffer shall be provided adiocent to any parcel primarily used for residential
use.
B. A site plan in accordance with the requirements of Article Vlll shall be submitted to and approved
by Frederick County.
Parkinq, Sianage and Lighting.
(1)Parking areas shall conform with § 165-202.01.
(2)A11 signs shall conform to the signage requirements specified in 165-201.06.
(3)Lighting shall conform with § 165-201.07.
ATTACHMENT 1
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101— General Provisions
§ 165-101.02. Definitions and word usage.
BED AND BREAKFAST— An owner or operator -occupied single-family detached dwelling unit which contains no
more than one (1) kitchen and ten (10) or fewer quest rooms which are occupied for sleeping purposes by
guests, other than temporary personal quests of a family in a dwelling unit for compensation with or without
meals. A Bed and Breakfast may include banquet/event facilities for private parties as an accessory use
COUNTRY CLUB - A land area and buildings containing recreational facilities club house and usual accessory
uses, primarily open to members and their quests for a membership fee- may include but are not limited to
swimming pools, tennis courts golf courses stables and riding facilities
FARMER'S MARKET — Retail of fresh fruit and vegetables and other food and related items at a facility with
space occupied by one or several different tenants on a short term or daily basis may be indoor or outdoor,
this term does not include wayside stands roadside stands or wayside markets
FARM WINERY— An establishment (i) located on a farm in the Commonwealth with a producing vineyard
orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where
the owner or lessee manufactures wine that contains not more than 18 percent alcohol bV volume or 00
located in the Commonwealth with a producing vineyard orchard or similar growing area or agreements for
purchasing grapes or other fruits from agricultural growers within the Commonwealth and with facilities for
fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains
not more than 18 percent alcohol by volume A minimum of 51 percent of the fresh fruits or agricultural
products used at the winery for the production of wine shall be grown or produced on the farm and no more
than 25 percent of the fruits fruit juices or other agricultural products shall be grown outside of the
Commonwealth. Accessory uses shall include wine tasting rooms accessory food sales related to wine
tasting, and the sale of wines produced on site.
Chapter 144, Subdivision of Land
ARTICLE II
Definitions
§ 144-2. Definitions and word usage.
SUBDIVISION, MAJOR RURAL - Any subdivision resulting in the cumulative total of four or more traditional
five acre lots, family division lots, agFie ultural '"+ or rural preservation lots from a single parcel in the RA
Rural Area District.
SUBDIVISION, MINOR RURAL -Any subdivision resulting in the cumulative total of three or fewer traditional
five acre lots, family division lots, agFicultupal 1 or rural preservation lots from a single parcel in the RA
Rural Area District.
Chapter 144, Subdivision of Land
ARTICLE V
Design Standards
§ 144.31. Rural subdivisions.
The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under
Article IV of Chapter 165, Zoning, of the Frederick County Code.
B. Major rural subdivisions.
(1) Any subdivision which results in a cumulative total of more than three lots being divided
from a single parent parcel within the RA (Rural Areas) Zone shall be considered a major
rural subdivision. Lots described in § 165-401.068, Family division lots;-aad§ !65
401�6C, Agrieultural let-, of Chapter 165, Zoning, of the Frederick County Code, shall
not count toward this three -lot limit. Prior to review and approval of final plats for such
divisions, a preliminary sketch plan must be reviewed and approved by the Zoning
Administrator.
(2) Access. All roads serving lots within a major rural subdivision shall be built to the
Tertiary Subdivision Street Standards of the Virginia Department of Transportation and
dedicated to Frederick County for eventual acceptance into the state secondary road
system.
C. Minor rural subdivisions.
(1) The division of the following types of lots are permitted under the regulations for minor
rural subdivision:
(a) Lots described by § 165-401.06B, Family division lots; and § 165 401.06C,
Agricultural 1 of Chapter 165, Zoning, of the Frederick County Code.
(b) Lots described in § 165-401.06A, Traditional five acre lots, and § 165-401.06D,
Rural preservation lots, provided that a total of no more than three such lots
may be created from anyone parcel under these regulations.
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Item #2: Chapter 161 Revisions (Onsite Sewage Systems)
A second recommendation contained within the Rural Areas Report and Recommendation policy
was regarding changes to the health system requirements. The report recommended the
following enhancements to the existing health system requirements applicable to on-site private
residential health systems:
• Increase the reserve drainfield area to 100 percent. The current regulations require a 50
percent reserve area, which does not enable a homeowner to fully replace a failed health
system.
• Continue to allow health systems that meet the Virginia Department of Health (VDH)
General Approval requirements. Prohibit health systems that are permitted through the
Provisional and Experimental Approval process.
• Prohibit the use of Discharge Health Systems, and require Board of Supervisors'
approval for Pump -and -Haul permits.
• Support Operation and Maintenance Requirements for alternative health systems.
Staff has prepared a revision to Chapter 161 (Sewage Disposal Systems, Water and Sewers) to
address the recommendations contained in the Rural Areas Report as well as to update various
portions of the chapter. These draft changes have been reviewed by the Health Department on
various occasions and they are satisfied with the proposed changes. Proposed changes are as
follows:
• Complete revision of Article I (Septic Tanks)
o Broken up into two articles, new purpose section and definitions section created
and placed in Article I.
o Revised section regarding when a permit is required by the Health Department.
o Requirements of onsite sewage systems — prohibits the use of conditional
approvals, discharging systems, and requires a 100% reserve drainfield area.
o License Requirements — new section would require anyone installing or
repairing systems or hauling sewage to obtain an Installation License or Septic
Haulers Permit from Frederick County.
o Permanent pump and haul systems — New section that states that the Board of
Supervisors may issue pump and haul permits based on specific criteria, and
requires that these systems be inspected.
o Replacement or repair of individual systems — Requires property owners within
300 feet of a public or private sewer system to connect to that system when their
system ceases to operate in a sanitary manner or require major alterations.
o Maintenance requirements for alternative onsite sewage systems — New
section that requires maintenance for alternative systems. New requirement for
agreements to be executed between the property owner and the Health
Department (that must be recorded). This section outlines inspection
requirements, requirements that the inspection reports be provided to the Health
Department, modification procedures and a noncompliance statement.
• Revision to the Violations and Penalties Section (Article III)
o Now Article VI and titled Enforcement, Violations and Penalties.
o Institutes civil penalties for violations of the maintenance requirements for
alternative syst=s.
Following the DRRC review of these amendments, staff will forward them to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Existing Ordinances with proposed deletions shown in blackline and
additions shown in bold italics.
4
DRAFT REVISIONS TO CHAPTER 161
Chapter 161
Sewage Disposal Systems, Wale- and Sewers
Article I
Part 101 — General Provisions
161-101.01 Purpose and Intent.
161-101.02 Definitions.
ARTIrl F 11
Part 201 - Onsite Sewage Systems
161-201.01 Applicability.
161-201.02 Health Department Approval, • permit required.
161-201.03 Requirements of onsite sewage systems.
161-201.04 License Requirements.
161-201.05 Permanent pump and haul systems.
161-201.06 Disposition of materials removed during cleaning
161-201.07 Replacement or Repair of Individual Systems within 300 Feet of a Sanitary Sewer.
161-201.08 Inspections.
161-201.09 Corrections.
161-201.10 Maintenance Requirements for Alternative Onsite Sewgge Systems
161-201.11 Fees.
ARTICLE=
ARTICLE I/I
Part 301 - Wastewater Discharge
§161-5. 161-301.01 Purpose.
§161 6.. 161-301.02 Discharge into sanitary sewer.
§,� 161-301.03 Disposition of wastewater from plumbing fixtures.
ARTICLE IV
Part 401 - Violations and Penalties
161-401.01 Maintenance of Alternative Onsite Sewage Systems civil penalties
§161 161-401.02 Violations and Penalties.
1
Article I
Part 101 - General Provisions
161-101.01 Purpose and intent-
Frederick
ntent
DRAFT REVISIONS TO CHAPTER 161
Frederick County is deemed to have fragile hydrogeology and to have the potential for depletion and
contamination of water sources and the potential for hazards to public health safety and welfare as a
result. For the purpose of promoting the health, safety and welfare of the general public there is
imposed upon all wells and onsite sewage systems constructed or installed the standards as set forth
hereafter in this chapter. Pursuant to these goals, the Board of Supervisors hereby exercises its power,
as granted by § 15.2-2157 of the Code of Virginia (1950, as amended) to regulate onsite sewage
systems.
To the extent permitted by state law, if any provision of this chapter conflicts with any other provision
of state or local law, the more stringent provision shall apply.
161-101.02 Definitions
Definitions of terms contained in this chapter shall be those given in the Virginia State Board of Health
Sewage Handling and Disposal Regulations, 12 Virginia Administrative Code Agency 5 Chapter 610
(12 VAC 5-610-10 et seg.) and the Virginia State Board of Health Alternative Discharging Sewage
Treatment Regulations for Individual Single Family Dwellings 12 Virginia Administrative Code Agencv
5, Chapter 640 (12 VAC 5-640-10 et seg.).
The following definitions shall apply for additional terms contained in this chanter:
ALTERNATIVE DISCHARGING SEWAGE TREATMENT SYSTEM OR DISCHARGING SYSTEM- Any device or
system which results in a point source discharge of treated sewage for which the Health Department
may issue a permit authorizing construction and operation when such system is regulated by the State
Water Control Board pursuant to a general Virginia Pollutant Discharge Elimination System permit
issued for an individual single family dwelling with flows less than or equal to 1,000 gallons per day.
Such system is designed to treat sewage from a residential source and dispose of the effluent by
discharging it to an all weather stream, an intermittent stream, a dry ditch or other location
ALTERNATIVE ONSITE SEWAGE SYSTEM OR ALTERNATIVE ONSITE SYSTEM - a treatment works that is
not a conventional onsite sewage system and does not result in a point source discharge
AUTHORIZED ONSITE SOIL EVALUATOR (ROSE) - A person possessing the qualifications specified by the
State Water Control Board who has successfully completed the course and testing to be authorized to
evaluate soils and soil properties in relationship to the effects of these properties on the use and
management of these soils as the locations for traditional onsite sewage disposal systems
CONVENTIONAL ONSITE SEWAGE DISPOSAL SYSTEM — Anv treatment works designed not to result in a
point source discharge.
DRAFT REVISIONS TO CHAPTER 161
HEALTH DEPARTMENT- The Frederick County Health Department and its authorized employees and
agents.
ONSITE SEWAGE DISPOSAL SYSTEM - Any treatment works design for the storage treatment
disposal, discharge, or reclamation of sewage or combinations of sewage and industrial wastes other
than through use of a sanitary sewer system.
PUMP AND HAUL SYSTEM - AnV device or system in which a sewage holding tank is pumped out on a
regular basis and the raw sewage is transported by motor vehicle by a contractor having a valid
sewage handling permit to an authorized treatment plant The term "pump and haul" includes all
facilities and appurtenances necessary to collect and store the sewage for handling by a contractor
having a valid sewage handling permit.
TREATMENT WORKS - Any device or system used in the storage treatment disposal discharge or
reclamation of sewage or combinations of sewage and industrial wastes including but not limited to
pumping, power, and other equipment and appurtenances septic tanks and any works includinq
land, that are or will be (i) an integral part of the treatment process or (ii) used for ultimate disposal of
residues or effluents resulting from such treatment.
DRAFT REVISIONS TO CHAPTER 161
ARTICLE 11
Part 201 - Onsite Sewage S stems
161-201.01 Applicabilitv
A. The requirements of this article shall apply to any property where an onsite sewage system is
installed or proposed to be installed except that the repair of a previously permitted sewage
disposal system or the replacement of an existing well when performed under a valid
repair/replacement permit issued by the Health Department shall be exempt from this article
B. The requirements of this article shall apply to all new sewage disposal systems which are
permitted or approved, whether through a construction permit issued by the Frederick Countv
Health Department or through a certification letter issued by the Frederick County Health
Department after the effective date of this article and shall also apply to physical additions or
expansions to existing sewage disposal systems.
C. Building contractors, plumbers, or any person making installation and/or repairs to existing
installations, shall be responsible to the owners of lots for compliance with this article
161-201.02 Health Department approval • permit required
A. It shall be unlawful to use, to allow to be used to rent or lease for use any onsite sewage system
to which this article applies unless and until onsite sewage system is approved and permitted by
the Health Department and the construction shall comply with the requirements of this article
B. No person shall install, construct alter, repair or extend or cause to be installed constructed
altered, repaired or extended, any individual onsite sewage system in the County without first
applying for and obtaining a valid permit therefore in the name of a specific person or for a
specific location. Permits for installation construction alteration repair or extension of onsite
sewage systems shall be issued by the Health Department In addition no person shall change
renovate, alter or remodel any structure served by an individual sewage system unless and until
such is done in accordance with a valid health permit or under written approval of the Health
Department stating such will not cause an increased loading on the sewage system
n if upon any inspection, the Health Department shall find any violation of the provisions of a permit
issued pursuant to an application filed as provided in this section the Department shall direct the
person to whom the permit was issued to make the necessary corrections within a reasonable
time.
D. A permit issued as provided in this section shall be renewed annually and may be revoked for
failure of the holder to comply satisfactorily with this Chapter.
161-201.03 Requirements of onsite sewage systems
A. Onsite sewage systems shall be located only where permitted by the Health Department
DRAFT REVISIONS TO CHAPTER 161
B. Conditional permits shall not be issued for new construction applications submitted after the date
of adoption of this section unless specifically authorized by the Frederick County Board of
Supervisors.
C. The use of alternative onsite discharging sewage treatment systems [discharging systems) shall not
be permitted for new residential applications submitted after the date of adoption of this section
Certification letters issued prior to the adoption of this section shall be honored
D. All structures constructed after the date of adoption of this section and served by onsite sewage
systems shall have a one -hundred -percent reserve drainfield in addition to a primary drainfield
which reserve drainfield shall have the same disposal requirements as the primary drainfield areas
All requirements pertaining to drainfields shall be as established by regulations of the Virginia
Department of Health.
161-201.04 License requirements.
A. Installation License. No person shall install repair or contract to install or repair individual onsite
sewage systems or parts thereof without first obtaining an installation license from Frederick
County. To receive an installation license the applicant must present satisfactory evidence that
they have a working knowledge of the installation of onsite sewage disposal systems as well as
the provisions of this chapter. This shall be determined by the passage of a standard written
examination administered by the Health Department After approval of the written application
has been completed, the applicant will need to apply to Frederick County for an Installation
License and provide payment of the license fee.
B. Septic Haulers Permit. No person shall engage in the business of cleaninq septic tanks settling
tanks and/or vaults designed to hold or retain solids and/or liquids in conjunction with any onsite
sewage system, by whatever name called without first obtaining a Septic Haulers Permit from the
Health Department and the Frederick County Sanitation Authority. The septic tanks haulers
license shall be issued by the Health Department upon written application and payment of a
license fee, provided that the applicant gives evidence that he can comply with the following
requirements:
1) Equipment requirements:
a) The tank into which sewage is pumped or delivered and carried is to be fully
watertight;
b) All inlets and outlets to such tanks shall be fully enclosed and provided watertight
valves;
c) Suction and discharge hoses shall be watertight and provisions shall be made for
carrying such hoses in a manner that will prevent any spillage or leakage:
d) All exposed surface shall be maintained in a clean and sanitary condition by
frequent washing;
e) The name and address of the person owning or operating such equipment and the
Lord Fairfax Health District hauling permit number shall be painted on the vehicle
in letters at least four inches high so as to be visible from either side of the vehicle:
and
f) A copy of the Septic Haulers Permit shall be carried in the glove compartment of
each vehicle operated.
DRAFT REVISIONS TO CHAPTER 161
2) Permitting and Inspections. Any person or company engaging in the business of
cleaning septic tanks, settling tanks and/or vaults designed to hold or retain solids
and/or liquids in conjunction with any onsite sewage disposal system must be
permitted in Frederick County by the Health Department and inspected by the Health
Department.
161-201.05 Permanent pump and haul systems
A. The Frederick County Board of Supervisors after receiving a written recommendation from the
Health Department, may approve a permanent pump and haul system permit for increments
of three years if all the following criteria is met:
1. The structure to be served is one of the following:
a. An existing occupied dwelling that has no indoor plumbing and is converting to
indoor plumbing, or where an existing onsite sewage system has failed
b. An existing occupied structure used as a place of worship;
c. An existing occupied school structure; or
d. An existing occupied commercial structure; and
2. The Health Department has rejected an application for an onsite sewage system
otherwise permitted under this chapter, or an off-site system
3. All other options for a sewage system (i.e. off-site easement) have been pursued and
found unsatisfactory as evidenced by a denial letter issued by the Health Department
and/or documentation that a neighboring property owner is uncooperative in giving
an easement,.
4. There shall be no additional bedrooms or bathrooms added to the dwelling or
structure as a result of the permitting of a permanent pump and haul system • and
S. For residential dwellings, for at least one continuous year, the applicant has been the
owner and full-time resident of the dwellinq to be served
B. Upon makinq application to Frederick County for a permanent pump and haul system permit
the system owner shall sign a statement giving permission to the employees of Frederick
County and the Health Department to conduct routine field inspections of the system to ensure
proper maintenance.
C. Onsite inspections shall be conducted every three years by the Health Department to ensure
that all properties with pump and haul system permits are in compliance with all state and
local regulations.
D. The property owner shall submit annual invoices of pump out every year to the Health
Department.
E. Pump and haul system requirements. Pump and haul systems shall meet the following
specifications:
DRAFT REVISIONS TO CHAPTER 161
1. Pump and haul tanks are to be 1500 gallon or greater tanks with watertight access
risers on both tanks extending to the around surface.
2. The second tank is to be fitted with an auto-visua! alarm float under the access riser
and set to activate when the second tank is one-half full
3. All connections are to be wired inside the dwelling and not in a crawl space or other
area which is not accessible.
4. The tanks and risers must be sealed by the contractor to assure that they are
watertight to prevent any infiltration.
161-201.06 Disposition of materials removed during cleaning.
Any person who cleans any septic tank shall dispose of the sludqe and materials removed from such
septic tank by depositing such sludge and material in an approved Water Reclamation Facility.
161-201.07 Replacement or repair of individual systems within 300 Feet of a sanitary sewer.
Should an existing sewerage system cease to operate in a sanitary manner or should alternations be
required to provide safe and adequate treatment, and the building or structure to be served is within
300 feet of an approved public or private sewer, the property owner shall connect to the sewer,
provided that the owner of the sewer allows such a connection.
161-201.08 Inspections
The County Health Department may inspect any and all onsite sewage disposal systems maintained at
all premises in the County for the purpose of determining if such system is being operated and
maintained in a sanitary manner. Such inspection shall be done at reasonable times and whenever
practical, in the company of the owner or occupant of the premises.
In addition, the Health Department or his authorized agent shall make such inspections as may be
deemed necessary during the construction of any onsite sewage disposal system installed in the
County to determine compliance with the requirements of this chapter. No person shall use allow to
be used or cause to be used, any system until after the Health Department Professional Engineer or
AOSE has inspected and approved the some in writing. No part of any system shall be covered until it
has been inspected and approved by the Health Department Professional Engineer or AOSE and any
such part which has been covered prior to inspection shall be uncovered for inspection
161-201.09 Corrections
If upon inspection the Health Department shall find any violation of this chapter or the provisions of
any permit and/or licenses issued under this chapter, the Department shall direct the owner or person
to whom the permit and/or license was issued, by written notice to make the necessary corrections
within such reasonable period of time specified.
161-201.10 Maintenance requirements for alternative onsite sewage systems
DRAFT REVISIONS TO CHAPTER 161
Any alternative sewage system permitted under the provisions of this chapter must comply with the
following conditions and requirements:
A. The installation and operation of any alternative onsite sewage system must be approved by
the Health Department as compliant with this section and the applicable regulations of the
Virginia Department of Health.
B. Prior to the installation and operation of any alternative onsite sewage system an agreement
in a form approved by the county attorney and executed by the Health Department and the
property owner, must be recorded in the land records of the Office of the Clerk of the Circuit
Court of Frederick County. Such agreement shall at a minimum
1_ Permit the installation and operation of such alternative onsite sewage system
2. Provide notice to the public, including without limitation subsequent owners of the
property, that the property is served by an alternative onsite sewage system
3. Impose installation, operation and maintenance conditions determined by the Health
Department or the Board of Supervisors as applicable based on the maintenance
requirements of such system, including without limitation a requirement for a
maintenance contract,
4. Require the property owner annually on the anniversary date of such agreement to
procure an inspection to ensure such system continues to operate as designed and in
accordance with this section and such agreement which inspection shall be performed
by an individual:
(i1 Licensed by the Virginia Department of Professional and Occupational
Regulation or certified by the Virginia Department of Health as an authorized
onsite soil evaluator,
ii Licensed by the Virginia Department of Professional and Occupational
Regulation as a professional engineer,
OL Qualified as an accredited septic system inspector as such term is defined in
title 59.1, chapter 24.2 of the Code of Virginia (1950) as amended or
iv Employed by the system manufacturer or designated by the system
manufacturer as an authorized service provider, as demonstrated by evidence
acceptable to the Health Department
S. Require the property owner annual/V, within thirty (30) days of the anniversary date of
such agreement, or such longer period as may be permitted by the Health
Department, to file with the Health Department a copy of the inspection report in a
form approved by the Health Department and to repair or replace such system, as
DRAFT REVISIONS TO CHAPTER 161
necessary, to correct any deficiencies identified in the inspection report in compliance
with this section and the applicable regulations of the Virainia Department of Health
6. Require the property owner to obtain approval of any modifications alterations and
expansions of such system that have been certified by a professional engineer from
the health Department,
7. Provide that in the event of the failure of such system as determined by the Health
Department, the repair or replacement of such system shall be subiect to the
applicable regulations of the Virginia Department of Health or the State Water Control
Board,
8. Permit the Health Department to enter the property to inspect such system and to
determine whether such system is installed operated and maintained in accordance
with this section and such agreement,
9. Provide that the property owner's obligations under such agreement shall run with the
land and bind the property owner, and the property owner's heirs personal
representatives, successors and assigns
10. Permit the termination of such agreement and the revocation of the authorization
under this section of the installation and operation of such system in the event the
property owner fails to cause the continued operation of such system as designed and
in accordance with this section and such agreement and
11. Provide that failure to comply with the terms of the agreement are violations of this
ordinance subject to the penalties and other remedies provided herein
161-201.11 Fees.
The County shall establish, set and charge such fees as it deems necessary and reasonable to defray
the cost of permits licenses and or inspections as are required to be issued and/or conducted under
this chapter.
DRAFT REVISIONS TO CHAPTER 161
Is ffis 7.T2= - . .. I .. - . . MW
law
10
DRAFT REVISIONS TO CHAPTER 161
ARTICLE Ill
Part 301 - Wastewater Discharge
[Amended 9-26-1990)
§1� 161-301.01 Purpose.
The purpose of this Article is to regulate, limit and restrict discharge to the sanitary sewer system of the
Frederick County Sanitation Authority and thereby protect such sanitary sewer system and the
wastewater treatment facilities of the Frederick -Winchester Service Authority and the health of the
citizens of Frederick County.
§!6! 6.161-301.02 Discharge into sanitary sewer.
No person shall discharge into the sanitary sewer system or sewer's tributary to the sanitary sewer
system of the Frederick County Sanitation Authority or to the trunk lines and treatment plants of the
Frederick -Winchester Service Authority, except in accordance with the rules and regulations of the
Frederick County Sanitation Authority and Frederick -Winchester Service Authority regulating, limiting
and restricting such discharge.
§161- . 161-301.03 Disposition of wastewater from plumbing fixtures.
It shall be unlawful for any person to allow the wastewater from any sink, bathtub or any other
plumbing fixtures of any nature to run or drain onto the surface of the ground. All such wastewater
shall be discharged into a drain the and stone ditch and pit, as directed by the Health Department.
11
DRAFT REVISIONS TO CHAPTER 161
ANTICLE Vi
p€ter? jC - 'vnfcrr enieriC Violations and Penalties
[Amended 9-26-1990)
161-401.11:3 Main erdarv� e of al er., atil— e_ onsite sew -@s -e ;y'iiel5e°a; Cltiil -zE;z!ECiC'S.
A. In accordance with § 15.2-2157 of the Code of Vii-ginia, the owner of property on which is located an
aiterna"iive onsite sewage system is subject to civil penalties fi =, violations of Section 165-210 of this
Code, as follows:
Fa iure to procure an annual inspection report in ai;-orc anc,with Section 161- 201.'10(13)(8 —
$100 •;or an initial summons and $150 for rr- <:,dditionai sui'i; r7lfs.
2. Failure to file an annual inspection repoJ In accordance with 5ectiosz 16A-201.1 0(6}(5) — $x.00
!'or an initial summons and $150 for each ad-dak;onal surrim ns.
3. Failure to obtain the approval frcrn the l lealth Dep)rtFjjent for any modification, alteration of
e, pansion of such system in acro daricc with Section 16j-201-10(13)(5) — $100 for an initiai
summons and $150 for each additional ssveininns.
4. Failure to repai or ir.l::I �E,e a fallings ,:,ter, in rota c: rd4ance w.lith "action 161-201.I0(B).'7) —
$100 for an +tiial surnn`!04V� and $150 suriinnons.
Each day during whicri t� viola ir_zr, is found i�° ;gave existed shall constitute a separate offense.
F':oweve_ "nf.:,0 i-cri vlalatl ii'sr ari: rig from 'he s2fF.c qperctna
ive set of facts shall not be charged cre
frequently tt an o c'e in any _10-t �;! per icid, rirda sei; -s of specified violations arising from the saiT;e
ape ai_ive set of favi; null rot i'e idt in civil penalTies exceeding a total of $5,000. If the violation is
not Gb ted after the irr;;3cY it:on cf the.. m ximum fine, the locality may pursue other remedies as
provide) by, law. Designation of these i°:• :-ocular ordinance violations for a civil penalty are in lieu of
criminal p�. ;:,,teles, except for .any violation that contributes to or is likely to contribute to the
pollrItioil of p i',Wc or private ie.,rater supplies or the contraction or spread of infectious, coi,tagious,
and dangerous d ,:•;,:res.
The Health rDepartmei r ;; issue a civil summons, ticket as provided by law for a scheduled
violation. Any ;person sua!moned or issued a ticket for a scheduled violation may ;rake an
appearance in person or in writing by mail to the Treasurer of FredericK County, Virginia ;prior to the
date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, aiid
pay the civil penaity established for the offense charged.
If a person charged with a scheduled violation does not elect to enter a waiver of tr a! and admit
liabiliiy, the violation; shall be tried in the general district court in the same i-nanne;- and with the
same right of appeal as provided ;or by law. In any trial for a scheduled violation, the locality shall
have he burden of proving by a preponderance of the evidence the lialaility of the alleged violator.
12
DRAFT REVISIONS TO CHAPTER 161
An admission of liability or finding of liability under this section shall noc be deemed art admission at
a criminat proceeding.
B. In addition to the enforcement of the penalties provided in this se Von, the Health Department may
bring a civil action for injunction, abatement or any other legal or egUitable remedy to prevent,
enjoin, abate or remove a violation of the provisions of this ordinance or any agreement under
Section 4.00.2.
§36-17: 10.4O:r G2 Violations and penalties.
A. Any persons ,user firs or corporation, whether a prircit ai, agent, employee or otherwise,
who violates or causes or permits the violation of any of the provisions of this chapter or who is
found to have violated any order of the Frederick -Winchester Service Authority or who has
willfully or negligently failed to comply with any provisions of this Chapter or the orders, rules,
regulations and permits issued hereunder shall be guilty of a misdemeanor and subject to a
maximum fine of two thousand five hundred dollars ($2,500) or by imprisonment for not more
than twelve (12) months, or by both such fine and imprisonment, for each offense.
B. In addition to the penalties provided herein, reasonable attorney's fees, court reporter's fees
and other expenses of litigation by appropriate suit at law against the person found to have
violated this chapter or the orders, rules, regulations and permits issued hereunder may be
recovered.
C. If the violation ;s zound to bi willful or deliberate or is cc.fitinVed beyond a reasonable timo
allow.,d by the Health Department for torr€:,':tions, each day such vioiation shall continue shall
be considered a separate offense.
13
WATER AND SEWERS
Chapter 161
WATER AND SEWERS
ARTICLE I
Septic Tanks
§ 161-1. Approval required prior to covering or use.
§ 161-2. Disposition of materials removed during cleaning.
§ 161-3. Permit required for installation or repair.
§ 161-4. Professional repair and maintenance; permit required.
ARTICLE II
Wastewater Discharge
§ 161-5. Purpose.
§ 161-6. Discharge to sanitary sewer.
§ 161-7. Disposition of wastewater from plumbing fixtures.
ARTICLE III
Violations and Penalties
§ 161-8. Violations and penalties.
[HISTORY: Adopted by the Board of Supervisors of the County of
Frederick 9-12-1984 as Ch. 20, Arts. II and III, of the 1984 Frederick County
Code. Amendments noted where applicable.]
Building construction — See Ch. 52.
Building maintenance -- See Ch, 54.
Erosion and sediment control — See Ch. 79.
Subdivision of land — See Ch. 144.
Swimming pools — See Ch. 152.
Zoning See Ch. 165.
GENERAL REFERENCES
16101 9-20-2004
GO 161-1 FREDERICK COUNTY CODE § 161-3
ARTICLE I
Septic Tanks
§ 161-1. Approval required prior to covering or use.
No part of any septic tank system shall be covered or put into use until
completed and inspected and approved by the Health Officer.
§ 161-2. Disposition of materials removed during cleaning. [Amended
6-11-1965; 10-24-19901
Any person who cleans any septic tank shall dispose of the sludge and
material removed from such septic tank by depositing such sludge and material
in the Opequon Water Reclamation Facility.
§ 161-3. Permit required for installation or repair.
A. Permit required. It shall be unlawful for any person to install or repair,
have installed or repaired, allow to be installed or repaired or contract
to install or repair a septic tank for another person before the owner of
the property on which the septic tank is to be installed or repaired
obtains a permit therefor from the Health Officer.
B. Permit application. Any person desiring a permit as required in this
section shall make application therefor to the Health Officer.
C. Permit contents; compliance required. A permit issued pursuant to an
application filed as provided in this section shall specify the minimum
capacity and amount of drain tile of the.septic tank in question and
(Cont'd on page 16103)
16102 9-20-2004
§ 161-3 WATER AND SEWERS § 161-4
shall designate the approximate location of such septic tank. Any
person who shall neglect, fail or refuse to comply with the provisions of
such permit shall be guilty of a misdemeanor and shall be punished as
provided in § 161-8 of this chapter.
D. Procedure in event of violation of permit. If upon any inspection, the
Health Officer shall find any violation of the provisions of a permit
issued pursuant to an application filed as provided in this section, he
shall direct the person to whom the permit was issued to make the
necessary corrections within such reasonable time as shall be specified
in the notice. Any person who shall neglect, fail or refuse to comply
with the provisions of such notice within the time specified in such
notice shall be guilty of a misdemeanor and shall be punished as
provided in § 161-8 of this chapter.
§ 161-4. Professional repair and maintenance; permit required.
A. Permit required. Any person engaging in the business of contracting to
install, repair or clean septic tanks in the county for other persons shall
first obtain a permit to engage in such business.
B. Permit application. Any person desiring a permit, as required in
Subsection A, shall apply therefor to the Health Officer.
C. Permit issuance. Upon the filing of an application as provided in
Subsection B, the permit applied for will be issued to the applicant, at
no cost to the applicant, if the applicant appears to the Health Officer
to be qualified to engage in such business.
D. Permit renewal, revocation. A permit issued as provided in Subsection
C shall be renewed annually and may be revoked for failure of the
holder to comply satisfactory with this Chapter.
16103
§ 161-5 FREDERICK COUNTY CODE § 161-7
ARTICLE II
Wastewater Discharge
[Amended 9-26-1990]
§ 161-5. purpose.
The purpose of this Article is to regulate, limit and restrict discharge to the
sanitary sewer system of the Frederick County Sanitation Authority and the
sewer's tributary to the sanitary sewer system of the Frederick County Sanitation
Authority and thereby protect such sanitary sewer system and the wastewater
treatment facilities of the Frederick -Winchester Service Authority and the health
of the citizens of Frederick County.
§ 161-6. Discharge to sanitary sewer.
No person shall discharge into the sanitary sewer system or sewer's tributary
to the sanitary sewer system of the Frederick County Sanitation Authority or to
the trunk lines and treatment plants of the Frederick -Winchester Service
Authority, except in accordance with the rules and regulations of the Frederick
County Sanitation Authority and Frederick -Winchester Service Authority
regulating, limiting and restricting such discharge.
§ 161-7. Disp_-sition of wastewater from plumbing fixtures.2
It shall be unlawful for any person to allow the wastewater from any sink,
bathtub or any other plumbing fixtures of any nature to run or drain onto the
surface of the ground. All such wastewater shall be discharged into a drain tile
and stone ditch and pit, as directed by the Health Officer.
ARTICLE III
Violations and Penalties
[Amended 9-26-19903]
§ 161-6. Violations and penalties.
Any person or user who is found to have violated any order of the Frederick -
Winchester Service Authority or who has willfully or negligently failed to comply
3 Editor's Note: Added at time of adoption of Code, see Ch. 1, General Provisions, Art. II.
Editor's Note: Amended at time of adoption of Code, see Ch. 1, General Provisions, Art. IL
16104
§ 161-8 WATER AND SEWERS § 161-8
with any provision of this chapter or the orders, rules, regulations and permits
issued hereunder shall be guilty of a misdemeanor and subject to a maximum
fine of two thousand five hundred dollars ($2,500.) or by imprisonment for not
more than twelve (12) months, or by both such fine and imprisonment, for each
offense. In addition to the penalties provided herein, reasonable attorneys fees,
court reporters fees and other expenses of litigation by appropriate suit at law
against the person found to have violated this chapter or the orders, rules,
regulations and permits issued hereunder may be recovered.
16105
Item #3: Commercial Recreation, Indoor
Frederick County has received a request to include Commercial Recreation Operated Indoor to
the permitted uses in the M1 (Light Industrial) Zoning District. Currently, this use is permitted
in the B2 (Business General) and the B3 (Industrial Transition) Districts. While the requested
recreation is for a dog training program, this ordinance amendment would be applicable to all
types of commercial recreation.
Design standards have been included for this use when established in the M1 District. These
standards address patron parking and safety along with regulations when this use is developed in
a master planned industrial park. A revised definition has also been included.
Following the DRRC review of these amendments, staff will forward them to the Planning
Commission and Board of Supervisors for their consideration.
Attachments: 1. Existing Ordinances with proposed additions shown in bold italics.
2. Request to amend the Zoning Ordinance.
ATTACHMENT 1
E. M1 -Light Industrial District. The intent of this district is to provide for a variety of light manufacturing, commercial
office and heavy commercial uses in well-planned industrial settings_ Uses are allowed which do not create noise,
smoke, dust or other hazards. Uses are allowed which do not adversely affect nearby residential or business areas.
Such industrial areas shall be provided with safe and sufficient access.
Standard Industrial
Classification
Allowed Uses
(SIC)
Landscape and horticultural services
078
Offices and storage facilities for building construction
15, 16 and 17
contractors, heavy construction contractors and
special trade contractors
Manufacturing as follows:
Dairy products
202
Canned, frozen and preserved fruits, vegetables and
203
soup mixes
Bakery products
205
Sugar and confectionary products
206
Beverages
208
Miscellaneous food preparations and products,
209
excluding the following:
Canned and cured fish and seafood
2091
Fresh or frozen fish and seafood
2092
Textile mill products
22
Apparel or other finished products made from fabrics
23
and similar material
Lumber and wood products, excluding the following:
24
Logging
241
Sawmills and planing mills
242
Wood preserving
2491
Furniture and fixtures
25
Paperboard containers and boxes
265
Converted paper and paperboard products, except
267
containers and boxes
Printing, publishing and allied industries
27
Drugs
283
Rubber and miscellaneous plastics products
30
Concrete block and brick and related products
3271
Fabricated metal products, excluding the following:
34
Coating, engraving and allied services
347
Ordinance and accessories
348
Industrial and commercial machinery and computer
35
equipment
Electronics and other electrical equipment and
36
components, excluding the following:
Storage batteries
3691
Primary batteries
3692
Transportation equipment
37
Measuring, analyzing and controlling instruments;
38
photographic, medical and optical goods, and
watches and clocks
Miscellaneous manufacturing industries
39
ATTACHMENT 1
Local and suburban transit and interurban highway
41
passenger transportation
Motor freight transportation and warehousing
42
Transportation by air
45
Transportation services
47
Communication facilities and offices, including
48
telephone, telegraph, radio, television and other
communications
Electric, gas and other utility facilities and offices and
49
trucking and warehousing
Wholesale trade
-
Advertising specialties — wholesale
5199
Restaurants
58
Linen supply
7213
Dry-cleaning plants
7216
Business services
73
Truck rental and leasing, without drivers
7513
Tire retreading
7534
Welding repair
7692
Agricultural equipment repair
7699
Boiler cleaning and repair
7699
Cesspool cleaning
7699
Coppersmithing
7699
Engine repair
7699
Farm machinery and tractor repair
7699
Industrial truck repair
7699
Machinery cleaning
7699
Meteorological instrument repair
7699
Precision instrument repair
7699
Repair of optical instruments
7699
Repair of service station equipment
7699
Scale repair service
7699
Septic tank cleaning service
7699
Vocational schools
824
Business associations
861
Professional membership organizations
862
Labor unions and similar labor organizations
863
Engineering, accounting, research, management and
87
related services
Testing laboratories
8734
General business offices, including corporate
-
government or other offices not providing services to
,the general public on a regular basis as the primary use
Accessory retailing
-
Public buildings
-
Public utility distribution facilities
-
Business signs
-
Signs allowed in § 165-201.068
-
Freestanding building entrance signs
-
Multi -tenant complex signs
-
Electronic Message signs
-
Residential uses which are accessory to allowed business uses
-
ATTACHMENT 1
Parks _
Regional criminal justice, enforcement and detention -
facilities for Frederick County, Clarke County and the
City of Winchester
Industrial launderers 7218
Truck or fleet maintenance facilities -
Self-service storage facilities
Flex -Tech _
Fire stations, companies and rescue squads
Commercial Recreation, indoor
Article II
SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES
Part 204 — Additional Regulations for Specific Uses
§ 165-204.24. Commercial Recreation, Indoor.
Commercial Indoor Recreation located in the M2 (Light Industrial) Zoning Districts shall be subiect to the following
requirements:
A. Parking areas for recreation facilities shall be designated to enhance the safety of patrons as they arrive at
and leave the facility;
B. Establishments shall include a designated pickup and delivery area for all patrons in such a way that provides
safe and clearly designated access to enter or exit the facility.
C. Recreation facilities located within a master planned industrial park shall only operate after S•OOpm Monday-
Fridav; there shall be no limitations on Saturday or Sunder.
ARTICLE I
GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS
Part 101— General Provisions
§ 165-101.02 Definitions & word usage.
COMMERCIAL RECREATION, INDOOR RECREATION - A sports or activity facility either open to the general public for a
fee or for members and their quests located in an enclosed building or structure designed to accommodate gatherint7s
Private, fee-suppeFted eutdoer facilities useed for athletic, training, recreational or park purposes, games, cultural
activities, martial arts, swimming pools, archery and the like. that utilize supeFvised athletic OF Fec-Featianal aetivitie-_.
Office, retail, and other uses commonly established in such facilities and related parking shall be allowed as secondary
or accessory uses. Commercial recreation may also include secondary uses such as refreshment stands equipment
sales or rentals.
August 6, 2009
Mrs, Candice E. Perkins. AICP
Senior Planner
Department of Planning and Development
Frederick County, Virginia
107 North Kent Street
Winchester, Virginia 22601
RE: Proposed Change to the MI Zoning Ordinance
Frederick County, Virginia
Dear Mrs. Perkins:
AUG 1 1 ZuV9
I represent the Blue Ridge Dog Training Club. For the past year, our club has been searching for
a building in .Frederick County to accommodate our dog training programs. Unfortunately, all of the
buildings that we have found that meet our area and budget requirements have been located in M1
industrial facilities which are not currently zoned to accommodate recreational uses. Therefore, on behalf
of our club, I am requesting that your department consider amending the current zoning ordinance related
to M 1 property to include recreational uses.
We certainly understand that our request may include all recreational uses. However, we are
hopeful that, at a minimum, the amendment can be written to include our proposed use which is dog
training. We also understand that the amendment may include restrictions which will include limits on
hours of use and/or parking. Typically, our training classes are scheduled after 5:00 p.m. and include less
than 50 people with a proportionate amount of parking requirements. Occasionally, we host special
events on weekends with a maximum attendance of less than 100. During these events, we would
anticipate using shared parking located on adjacent properties owned by the same property owner.
Thank you in advance for your consideration of our proposed ordinance amendment.
Sincerely,
t
Stacy J. Defilippi
President
Blue Ridge Dog Training Club