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DRRC 01-24-08 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM To: Development Review and Regulations Subcommittee From: Candice E. Perkins, AICP, Senior Planner Of Subject: January Meeting and Agenda Date: January 15, 2008 The Frederick County Development Review and Regulations Subcommittee (DRRS) will be meeting on Thursday, January 24, 2008 at 7:30 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) Election of DRRS Chairman and Vice -Chairman. As stipulated in the DRRS Operating Procedures, a chairman and vice-chairman will be elected during the first meeting of each year. 2) Discussion of subcommittee work program priorities for 2008. Staff is seeking input from the DRRS regarding the work program for 2008. A draft DRRS work program priority list is attached. 3) Continuing Care Retirement Communities (CCRC's). Discussion of revisions to the MS (Medical Support) Zoning District to add CCRC's as a conditional use. 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 thefour-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 #2: 2008 MRS Work Program Priorities Staff is seeking input from the DRRS regarding the 2008 work program. This is an opportunity for the subcommittee to set work priorities for the year. These priorities will be studied by staff and forwarded to the subcommittee for action. Below is the list of DRRS related priorities that was distributed at the 2007 Planning Commission retreat as well as additional considerations that have been mentioned to staff. Please take the time to fill out this work program list and add others that you believe are important. This list will be discussed at the January 24th meeting. MRS Work Program Priorities Rank Project Title Development of ordinance amendments to enable the implementation of the UDA Study. (Neo -Traditional Design Ordinance) Re-evaluate and enhance the business and industrial districts to promote County economic development strategies and opportunities and to address design elements. Develop design standards for commercial corridors within the county, primarily those leading into the City of Winchester. Complete the evaluation of road design standards and ensure that standards provide consistency in the provision of transportation improvements. Development of enhanced lighting regulations. Develop a process and standards for the implementation of proportional site development improvements. Complete a comprehensive review and revision of Chapter 165- Zoning Ordinance of the Frederick County Code. Complete a comprehensive review and revision of Chapter 144 — Subdivision Ordinance of the Frederick County Code. 2008 New Considerations New Residential District to implement the Round Hill Land Use Plan Cul -de -Sac Length Requirements Warehouse Size Limitations 2 Item #3: Continuing Care Retirement Communities (CCRC) On November 14, 2007, the Board of Supervisors adopted the revised Round Hill Land Use Study as an element of the Comprehensive Policy Plan. The revision to the Round Hill Plan was in response to CPPA Application 405-06 for the National Lutheran Home. The revisions to the plan included expanding the Sewer and Water Service Area (S WSA) on the northern side of Route 50 West as well as the addition of a commercial designation intended to support medical uses over the subject area. A continuing care retirement community is a senior housing development that is planned, designed and operated to provide a full range of accommodations for older persons, including independent living, congregate care facilities, assisted living facilities and nursing home (skilled -care) facilities. The Round Hill Plan calls for a commercial designation which would support a MS District rezoning over the area that is intended to be developed for the National Lutheran Home in the future. Currently a CCRC would be a permitted use in the RP (Residential Performance) Zoning District but would not be permitted in the MS (Medical Support) Zoning District. The MS District as it is written today would permit residential units that are intended to support hospitals, medical centers, medical offices, clinics, and schools of medicine. The residential units that would be part of the CCRC currently are not allowed in the MS District. The intent of this ordinance amendment is to introduce CCRC's as a conditional use in the MS District to provide the opportunity for this use to develop in a supervised manner. A conditional use permit approach has been used for this proposed ordinance amendment to ensure that the development of the CCRC use can be limited by the Board of Supervisors to ensure that overall intent of the Medical Support District is still implemented. The amendment also includes other minor changes to the MS district regulations as well as the introduction of new definitions to correspond to the CCRC. The conditional use permit for the CCRC could accompany either the rezoning or master development plan for the proposed MS District or could be submitted afterwards. Staff has provided a copy of the ordinance as it exists currently in the Zoning Ordinance as well as an example of how the ordinance could be revised. If the DRRS is supportive of this ordinance amendment, staff will forward it to the Planning Commission and Board of Supervisors for their consideration. Attachments: 1. Existing Ordinance. 2. Existing Ordinance with proposed deletions shown in blackline and additions shown in bold italics. 3. Proposed Definitions. 4. Proposed Ordinance (clean version). 3 § 165-92 ZONING D. Off-street parking and loading. E. Directional signs. § 165-93. Yard requirements. A. Structures shall be located 35 feet from any highway, street or road right-of-way. B. The minimum side yard for all structures shall be 15 feet. C, The minimum rear yard for all structures shall be 25 feet. § 165-94. Buffers and screening. ATTACHMENT 1 § 165-96 A. The Planning Commission may require distance buffers, as defined in § 165-37A of this chapter, on lots which abut land in any residential district or land in other zoning districts which are predominantly residential in nature. The size of the distance buffers shall be based on the amount of separation needed. B. The Planning Commission may require landscaped screens or full landscaping, as defined by § 165-37B of this chapter, to separate uses in this district from adjoining residential uses and to achieve the intentions of this chapter. § 165-95. Height limitations. Buildings, signs and structures may be erected up to 45 feet in height. ARTICLE XIII MS (Medical Support) District [Added 9-12-2001201 § 165-96. Intent. The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within a master development plan to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. 20. Editor's Note: This ordinance also redesignated former Arts. XII1 through XXi as XIV through XXII, respectively; and renumbered §§ 165-96 through 165-145 as 165-104 through 165-156, respectively. 165:125 06-15-2007 § 165-97 FREDERICK COUNTY CODE § 165-97 § 165-97. Permitted uses. A. All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article XVIII of this chapter. B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification are allowed only if the major group, industry group number, or industry number general group titles are used. (1) Educational support services: (2) Research support services: Allowed Uses Standard Industrial Classification (SIC) Research and development facilities for the 283 following manufacturing groups: Drugs Commercial physical and biological research 8731 Noncommercial research organizations 8733 Testing laboratories 8734 (3) Professional and commercial support services. Allowed Uses Convenience stores Retail bakeries Coffee stores, heauh food stores, and vitamin stores Retail uniform stores Standard Industrial Classification (SIC) 5411 546 5499 5699 165:126 06-15-2007 Standard Industrial Classification Allowed Uses (SIC) Colleges, universities, professional schools, and junior 822 colleges Libraries 823 Nursing schools, practical 8249 (2) Research support services: Allowed Uses Standard Industrial Classification (SIC) Research and development facilities for the 283 following manufacturing groups: Drugs Commercial physical and biological research 8731 Noncommercial research organizations 8733 Testing laboratories 8734 (3) Professional and commercial support services. Allowed Uses Convenience stores Retail bakeries Coffee stores, heauh food stores, and vitamin stores Retail uniform stores Standard Industrial Classification (SIC) 5411 546 5499 5699 165:126 06-15-2007 § 165-97 ZONING § 165-97 Standard Industrial 165:127 06-15-2007 Classification Allowed Uses (SIC) Eating places 5812 Drug stores and proprietary stores 591 Bookstores 5942 Stationary stores 5943 Gift shops, greeting card shops, and balloon shops 5947 Florists 5992 News dealers and news stands 5994 Optical goods stores 5995 Orthopedic and artificial limb stores. 5999 Life insurance offices 6311 Accident and health insurance offices 6321 Hospital and medical service plans offices 6324 Pension, health and welfare funds offices 6371 Insurance agents, brokers and service offices 6411 Operators of nonresidential buildings 6512 Real estate agents and managers offices 6531 Holding offices 671 Hotels and motels 701 Organizational hotels and lodging houses 704 Garment pressing and agents for laundries and 7212 drycleaners Linen supplies 7213 Beauty shops 7231 Barber shops 7241 Photocopying and duplicating services 7334 Medical equipment rental and leasing 7352 Data entry, data processing, data verification, and 7374 optical scanning data service Product sterilization services [Added 8-24-20041 7389 Hearing aid repair and medical equipment repair, 7629 electrical Dental instrument repair, laboratory instrument 7699 repair, medical equipment repair, except electric, microscope repair, optical instrument repair, scientific instrument repair, except electric, and surgical instrument repair Physical fitness facilities 7991 165:127 06-15-2007 § 165-97 FREDERICK COUNTY CODE § 165-97 Allowed Uses Membership sports and recreation clubs Offices and clinics of doctors and dentists Hospitals Medical laboratories Dental laboratories Miscellaneous health and allied services Child day-care services Public buildings, including the following: Social services offices Free medical clinics (4) Manufacturing and wholesaling support services: Allowed Uses Pharmaceutical machinery Surgical, medical, and dental instruments and supplies Ophthalmic goods Medical, dental, and hospital equipment and supplies Ophthalmic goods Laboratory equipment, except medical and dental Drugs, drug proprietaries, and druggist sundries Standard Industrial Classification (SIC) 7997 801-804 806 8071 8072 809 8351 Standard Industrial Classification (SIC) 3559 384 385 5047 5048 5049 512 (a) All permitted manufacturing and wholesaling support services shall meet the flex -tech performance standards as identified in § 165-48.7C of this chapter. (b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct light downward. (5) Related residential uses: Standard Industrial Classification Allowed Uses (SIC) Operators of apartment buildings 6513 165:128 06-15-2007 § 165-97 ZONING § 165-98 Standard .Industrial Allowed Uses Classification Allowed Uses (SIC) Operators of dwellings other than apartment buildings 6514 Dormitories, commercially operated 7021 Nursing and personal care facilities 805 Residential care facilities 836 Dormitories, medical and allied health (As defined) Halfway house (As defined) Adult treatment home (As defined) Drug treatment home (As defined) Family care home (As defined) Group home (As defined) Protected population home (As defined) (6) Other related uses: § 165-98. District area, floor -to -area ratios and residential gross densities. A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XVIII of this chapter. 165:129 06 -15 -2007 Standard Industrial Classification Allowed Uses (SIC) Ambulance service, road and vanpool operation 4119 Ambulance service, air 4522 Automobile parking 7521 Churches 8661 Fire protection 9224 Conference/events center (As defined) Fleet maintenance facility, medical and allied health (As defined) On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) § 165-98. District area, floor -to -area ratios and residential gross densities. A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XVIII of this chapter. 165:129 06 -15 -2007 § 165-98 FREDERICK COUNTY CODE § 165-99 B. Parcels that are less than 20 acres in size that are contiguous to a master -planned MS (Medical Support) District development, including those parcels that are directly across public rights-of-way to a master -planned MS (Medical Support) District development, may be rezoned to the MS District. C. The Planning Commission may provide for the administrative approval of parcel subdivisions which front on private street systems during the master development plan approval process. D. Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under § 165-97B(1), Educational support services, shall be allowed to develop a maximum floor -to -area ratio (FAR) of two. The maximum FAR shall be based on the total site area for a master -planned MS (Medical Support) District that is to be developed as one parcel, or for the total site area of individual parcels that are subdivided for development purposes. E. All permitted land uses other than those described in § 165-98D providing support services to this district shall be allowed to develop a maximum floor -to -area ratio (FAR) of one. The maximum FAR shall be determined as described in § 165-98D. F. The overall gross densities for permitted land uses identified in § 165-97B(5) shall be calculated as described under this subsection: (1) Detached and semi-detached residential structures having individual access may have a minimum lot size of 3,000 square feet per dwelling unit. (2) All other related residential land uses shall provide a minimum of 1,000 square feet of lot area per bedroom. § 165-99. Access regulations. A. All land uses permitted in this article shall be served by street systems that are constructed to the geometric design standards for urban collector streets and urban local streets. Such street systems may be private or may be dedicated to Frederick County for eventual acceptance into the state secondary road system. B. Parcels that contain portions of collector street systems that are intended to continue through to other parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to applicable state secondary road standards and shall be dedicated to Frederick County for eventual acceptance into the state secondary road system. C. Commercial entrances for permitted support services and entrances for related residential developments on urban collector streets shall have a minimum spacing requirement of 150 feet between entrances. D. Commercial entrances for permitted support services and entrances for related residential developments shall have a minimum spacing requirement of 100 feet from street intersections to provide for adequate vehicle stacking. 165:130 06-15-2007 § 165-99 ZONING § 165-101 E. Driveways serving individual related residential land uses shall only be permitted along urban local streets. F. All permitted land uses shall be designed to provide for internal traffic circulation and interparcel connectors to adjoining land uses to provide for access between uses without entering onto urban collector streets. § 165-100. Structural and parking lot setback regulations. A. All permitted educational, research, professional, commercial, and other related support services shall have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard setback of 35 feet from any urban local street. B. All permitted related residential uses shall have a minimum front yard setback of 25 feet from any urban local street. C. All pemlitted support services and related residential land uses are not proposed to have minimum side or rear yard setbacks. Individual parcels which are designed to be placed on a side or rear property line shall obtain a maintenance easement from the adjoining parcel that is a minimum of 10 feet in width. D. Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed parcels. E. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a 3:1 slope. Evergreen shrubbery that is a minimum of two feet in height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear feet. This element shall begin at the street right-of-way and end at the beginning of the parking lot. Parking lots located between the urban local street and the building front shall be developed to the standards set forth in § 165-27 of this chapter. F. Parcels which are designed to have parking lots located behind the building shall have a reduced front yard setback of 25 feet from any urban collector street and 15 feet from any urban local street. § 165-101. Height regulations. A. The maximum structural height for hospitals, office buildings, and all land use permitted under § 165-9713(1), Educational support services, shall be 90 feet. B. The maximum structural height for residential care facilities, nursing and personal care facilities, dormitories, and automobile parking structures shall be 70 feet. C. The maximum structural height for all other land uses permitted in this article shall be 35 feet. 165:131 06-15-2007 § 165-101 FREDERICK COUNTY CODE § 165-102 D_ Structural setbacks for all land uses permitted under § 165-IOIA and 165-1OIB shall be increased one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall be measured as follows: (1) From the minimum front yard setback established along urban collector streets and urban local streets for a master -planned MS (Medical Support) District that is to be developed as one parcel, or from the minimum front, side, and rear yards of individual parcels that are subdivided for development purposes. (2) From any required buffer area for a master -planned MS (Medical Support) District that is to be developed as one parcel, or for individual parcels that are subdivided for development purposes. (3) From the minimum building. separation distance established between residential and nonresidential land uses. E. A clear zone void of structures, signage, vegetation, and berms shall be established in areas determined by the Fire Marshal to ensure appropriate emergency access for all land uses permitted under § 165-IOIA and 165-10113. These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development. § 165-102. Open space, landscaped area, and buffer and screening regulations. A. The minimum open space percentage for the MS (Medical Support) District shall include: (1) Twenty percent of the overall gross area of a master -planned MS (Medical Support) District that is to be developed as one parcel. (2) Twenty-five percent of the total site area of individual parcels that are subdivided for support services and 30% of the total site area of individual parcels that are subdivided for related residential land uses. B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under § 165-27E(11), Parking lot landscaping, and § 165-37, Buffers- and screening, of this chapter. Minimum standards for required vegetative elements include two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open space percentage. C. Buffer and screening requirements for the MS (Medical Support) District shall include: (1) Master development planned area that is to be developed as one parcel. (a) A fifty -foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting, and a single 165:132. 06 - 15 - 2097 § 165-102 ZONING § 165-102 row of deciduous trees spaced 30 feet apart that have a minimum two-inch caliper at the time of planting. An earth berm that is four feet in height and constructed on a 3:1 slope shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A fifty -foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in § 165-102C(1)(a) of this article. (c) An internal residential separation buffer between detached, semi-detached, and all other related residential land uses containing a twenty -five-foot buffer with a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting. (2) Master development planned area that is to be developed as individual parcels. (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165-97B of this article. (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-37 of this chapter; as well as all other applicable provisions of this section. (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: (a) A one -hundred -foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard. A twenty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A two -hundred -foot buffer adjacent to a parcel whose primary use is orchard. A forty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on ten -foot centers that are a minimum of four feet- at the time of planting and an earth berm that is six feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. 165:133 06 -15 - 2007 § 165-102 FREDERICK COUNTY CODE § 165-105 (4) A road efficiency buffer meeting the requirements § 165-37E of this chapter shall -be provided for all related residential land uses permitted in § 165-97B(5) of this article. § 165-103. Sign regulations. A. Land uses within the MS (Medical Support) District shall be permitted to utilize business signs, directional signs, on-site informational signs, building entrance signs, and wall -mounted signs to effectively communicate the location of and direction to support services and related residential structures. B. All business signs shall be monument -style signs that are a maximum of 12 feet in height. Business signs shall not exceed 100 square feet in area. C. All wall -mounted signs shall be permitted to encompass 20% of the wall area to which they are attached, provided that the total area of the wall -mounted sign does not exceed 200 square feet. D. All business signs shall be set back a minimum of 10 feet from all urban collector streets and urban local streets and shall have a minimum spacing requirement of 100 feet between business signs. E. Directional signs and on-site informational signs shall be set back a minimum of five feet from all urban collector streets, urban local streets, street intersections, and street entrances to provide for safe and adequate sight distance. Directional signs shall not exceed 50 square feet in area, and informational signs shall not exceed 20 square feet in area. Directional signs and informational signs shall be exempt from minimum spacing requirements between business signs and other directional signs. ARTICLE XIV API. Airport District § 165-104. Intent. The API Airport District is intended to ensure the complete safety of the Winchester Regional Airport. It is intended to prevent the encroachment of airport hazards and requires existing potential airport hazards to be removed, altered, marked or lighted as deemed necessary by the Executive Director of the Winchester Regional Airport Authority. This Article also provides for noise easements and noise abatement to protect adjoining zones from the exposure of airport noise. § 165-105. Airport safety zones. A. In order to carry out the provisions of this district, zones are established which include all of the land and airspace of Frederick County with elevations equal to and above the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Winchester Regional Airport. These zones are established as overlay zones 165:134 oh'- 15 - 2007 § 165-156 FREDERICK COUNTY CODE § 165-156 ACCESSORY USE — A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. ACTIVE DISTANCE BUFFER — A distance buffer which contains no building or principal structure of activity but which may contain an accessory use or activity. ADDITION — A structure added to the original structure at some time after the completion of the original. ADJACENT OR ADJOINING LOT OR LAND — A lot or parcel of land which 'shares all or part of a common lot line with another lot or parcel or land or which is immediately across a street or road from said parcel or lot. ADULT CARE RESIDENCES and ASSISTED LIVING CARE FACILITIES — Any place, establishment or institution, public or private, operated or maintained for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting, except a facility or portion of a facility licensed by the State Board of Health or the Department of Mental Health, Mental Retardation and Substance Abuse Services; and the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; and a facility or portion of a facility serving infirm or disabled persons between the ages of 18 and 21. [Added 2-26-19971 ADULT RETAIL — A retail establishment for which 25% or more of its stock in trade, as determined by floor area, is in videos, magazines, books, publications, tapes, films or other periodicals and paraphernalia which are distinguished or characterized by an emphasis on depicting or describing specified sexual conduct or specified anatomical areas. [Added 8-13-1997] ADULT TREATMENT HOME — A residential facility for persons recovering from alcohol abuse where supervision, rehabilitation and counseling are provided to the residents. [Added 9-12-2001] AGE -RESTRICTED COMMUNITY — A designated area of at least 250 acres in size within a residential recreational community development which is, intended to be absent of school age children and which ensures, through covenants, management regulations or other sin -filar legal instruments, enforceable by a homeowners' association or other private entity, that at least one of the residents of at least 80% of the units is 55 years of age or older. [Added 8-9-2000] AGRICULTURAL (OR LOCALLY SIGNIFICANT) SOILS — A group of soils identified as prime farmland by the Soil Survey of Frederick County Virginia, prepared by the United States Department of Agriculture. [Added 4-23-2003] AGRICULTURE and FARMING — Any of the following activities: A. Cultivating the soil or raising or harvesting any agricultural or horticultural commodity on a farm, including the raising, shearing, feeding, caring for-, training and management of animals. 165:172 06-15-2007 ARTICLE XIII MS (Medical Support) District [Added 9-12-20012x] § 165-96. Intent. ATTACHMENT 2 The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within a master development plan to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. § 165-97. Permitted uses. A. All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article XVIII of this chapter. B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification are allowed only if the major group, industry group number, or industry number general group titles are used. (1) Educational support services: (2) Research support services: Standard Industrial Classification Allowed Uses (SIC) Research and development facilities for the 283 following manufacturing groups.- Drugs roups:Drugs Commercial physical and biological research 8731 Noncommercial research organizations 873' Standard Industrial Classification Allowed Uses (SIC) Colleges, universities, professional schools and junior 822 colleges Libraries 823 Nursing schools, practical 8249 (2) Research support services: Standard Industrial Classification Allowed Uses (SIC) Research and development facilities for the 283 following manufacturing groups.- Drugs roups:Drugs Commercial physical and biological research 8731 Noncommercial research organizations 873' 1)I�'II IS J, Testing laboratories 8734 (3) Professional and commercial support services. Standard Industrial Classification Allowed Uses (SIC) Convenience stores 5411 Retail bakeries 546 Coffee stores, health food stores and vitamin stores 5499 Retail uniform stores 5699 Eating places 5812 Drug stores and proprietary stores 591 Bookstores 5942 Stationery stores 5943 Gift shops, greeting card shops and balloon shops 5947 Florists 5992 News dealers and news stands 5994 Optical goods stores 5995 Orthopedic and artificial limb stores 5999 Commercial Banks 602 Credit Unions 606 Life insurance offices 6311 Accident and health insurance offices 6321 Hospital and medical service plans offices 6324 Pension, health and welfare funds offices 6371 Insurance agents, brokers and service offices Operators 6411 of fienfestdenlalbuildings Real estate agents and managers offices 651-2 6531 Holding offices 671 Hotels and motels 701 Organizational hotels and lodging houses 704 Garment pressing and agents for laundries and drycleaners 7212 Linen supplies 7213 Beauty shops 7231 Barber shops 7241 Photocopying and duplicating services 7334 Medical equipment rental and leasing 7352 Data entry, data processing, data verification and optical 7374 Scanning data service Product sterilization services [Added 8-24-20041 7389 Hearing aid repair and medical equipment repair, electrical 7629 Dental instrument repair, laboratory instrument repair, 7699 medical equipment repair, except electric, microscope repair, optical instrument repair, scientific instrument repair, except electric and surgical instrument repair F) i I_I I.I 'k'IS1� I I II ;VI 1)1(. _yl �I I'l�'E MI�[ i l �1�1 i��; I(� I - .G40nw�.i��, 1 �. 2i��,.� Physical fitness facilities 7991 Membership sports and recreation clubs 7997 Offices and clinics of doctors and dentists 801-804 Hospitals 806 Medical laboratories 8071 Dental laboratories 8072 Miscellaneous health and allied services 809 Adult day-care centers 8322 Child day-care services 8351 Public buildings, including the following: 512 Social services offices Free medical clinics (4) (5) Manufacturing and wholesaling support services (a) All permitted manufacturing and wholesaling support services shall meet the flex - tech performance standards as identified in § 165-48.7C of this chapter. (b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct light downward. Related residential uses to support hospitals, Medical centers, medical offices, clinics, and schools of medicine: Standard Industrial Classification Allowed Uses (SIC) Pharmaceutical machinery 3559 Surgical, medical and dental instruments and supplies 384 Ophthalmic goods 385 Medical, dental and hospital equipment and supplies 5047 Ophthalmic goods 5048 Laboratory equipment, except medical and dental 5049 Drugs, drug proprietaries and druggist sundries 512 (a) All permitted manufacturing and wholesaling support services shall meet the flex - tech performance standards as identified in § 165-48.7C of this chapter. (b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct light downward. Related residential uses to support hospitals, Medical centers, medical offices, clinics, and schools of medicine: 3 Standard Industrial Classification Allowed Uses SIC Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Dormitories, commercially operated 7021 Nursing and personal care facilities 805 Residential care facilities 836 3 !:?! �!- I i.! '� I�i� 7•,,', I i i 1I! `-1! � �'� �I `,! I,I,4 tl,, 1 I �.'1 i•".li. ,, , Dormitories, medical and allied health (As defined) Halfway house (As defined) Adult treatment home (As defined) Drug treatment home (As defined) Family care home (As defined) Group home (As defined) Protected population home (As defined) (6) Other related uses: On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) § 165-98. Conditional Uses. A. Continuing Care Retirement Communities (as defined), provided that the following conditions are met: 1. All Continuing Care Retirement Communities must be within a two mile radius of the Winchester Medical Center. 2. Maximum residential density shall not exceed ten units per acre provided the following: (a) Kringle family detached and single-family attached residential structures having individual access shall have an average lot area of 3,000 square feet per dwelling unit. (b) All other residential land uses shall provide a minimum of 1,000 square feet of lot average lot area per bedroom. 3. The Continuing Care Retirement Community must consist of residential units which provide independent living, congregate care or assisted living as well as nursing home care for its residents. El Standard Industrial Classification Allowed Uses (SIC) Ambulance service, road and vanpool operation 4119 Ambulance service, air 4522 Automobile parking 7521 Churches 8661 Fire protection 9224 Conference/events center (As defined) Fleet maintenance facility, medical and allied health (As defined) On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) § 165-98. Conditional Uses. A. Continuing Care Retirement Communities (as defined), provided that the following conditions are met: 1. All Continuing Care Retirement Communities must be within a two mile radius of the Winchester Medical Center. 2. Maximum residential density shall not exceed ten units per acre provided the following: (a) Kringle family detached and single-family attached residential structures having individual access shall have an average lot area of 3,000 square feet per dwelling unit. (b) All other residential land uses shall provide a minimum of 1,000 square feet of lot average lot area per bedroom. 3. The Continuing Care Retirement Community must consist of residential units which provide independent living, congregate care or assisted living as well as nursing home care for its residents. El 4. Occupancy of the dwelling units is restricted to older persons (as defined), with the following exceptions: (1) The spouse of a resident, regardless of age; or (2) Resident staff necessary far operation of the facility are also allowed to live on site. 5. The communities may provide ancillary services and facilities, such as but not limited to transportation, a common dining room and kitchen, recreation area, meeting or activity rooms, library, chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care of the residents. Such facilities must be conveniently located in relation to the remainder of the development, particularly the dwelling units; they must not be externally advertised. The Board may restrict their use to residents and staff only. 6 Residential Uses within the Continuing Care Retirement Community may consist of the following: (a) Independent living (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (b) Home Occupations (as defined). X5 98. § 165-99. District area, floor -to -area ratios and residential gross densities. A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XVIII of this chapter. B. Parcels that are less than 20 acres in size that are contiguous to a master -planned MS (Medical Support) District development, including those parcels that are directly across public right-of-way to a master -planned MS (Medical Support) District development, and may be rezoned to the MS District. 5 Standard Industrial Classification (SIC) Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Nursing and personal care facilities 805 Residential care facilities 836 (a) Independent living (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (b) Home Occupations (as defined). X5 98. § 165-99. District area, floor -to -area ratios and residential gross densities. A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XVIII of this chapter. B. Parcels that are less than 20 acres in size that are contiguous to a master -planned MS (Medical Support) District development, including those parcels that are directly across public right-of-way to a master -planned MS (Medical Support) District development, and may be rezoned to the MS District. 5 I)f�A1' (' R1_% II dio 'A'111 ] i) 1 I II� \11,1')I( Al til 111'(91: l 1 tPw I I; W I- I 2W IN C. The Planning Commission Board of'Supervisors may provide for the administrative approval of parcel subdivision which front on private street systems during the master development plan approval process. D. Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under §165-97B(1), Educational support services, shall be allowed to develop a maximum floor -to -area ratio (FAR) of two. The maximum FAR shall be based on the total site area for a master -planned MS (Medical Support) District that is to be developed as one parcel, or for the total site area of individual parcels that are subdivided for development purposes. E. All permitted land uses other than those described in §165-98D providing support services to this district shall be allowed to develop a maximum floor -to -area ratio (FAR) of one. The maximum FAR shall be determined as described in § 165-98D. F. The overall gross densities for permitted land uses identified in § 165-97B(5) shall be calculated as described under this subsection: (1) Detwhed and semi detaened Single-family detached and single-family attached residential structures having individual access may have a minimum lot size or average lot area of 3,000 square feet per dwelling unit. (2) All other related residential land uses shall provide a minimum of 1,000 square feet of lot size or average lot area per bedroom. § 1655-9-9. § 165-100. Access regulations. A. All land uses permitted in this article shall be served by street systems that are constructed to the geometric design standards for urban collector streets and urban local streets. Such street systems may be private or may be dedicated to Frederick County for eventual acceptance into the state secondary road system. B. Parcels that contain portions of collector street systems that are intended to continue through to other parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to applicable state secondary road standards and shall be dedicated to Frederick County for eventual acceptance into the state secondary road system. C. Commercial entrances for permitted support services and entrances for related residential developments on urban collector streets shall have a minimum spacing requirement of 454 250 feet between entrances. D. Commercial entrances for permitted support services and entrances for related residential developments shall have a minimum spacing requirement of 4-00150 feet from street intersections to provide for adequate vehicle stacking. E. Driveways serving individual related residential land uses shall only be permitted along urban local streets. F. All permitted and conditional land uses shall be designed to provide for internal traffic circulation and interparcel connectors to adjoining land uses to provide for access between uses without entering onto urban collector streets. The Board of Supervisors may grant a waiver to this requirement if topographic constraints prevent Interparcel connectivity. § 165 10 § 165-101. Struetural Structure and parking lot setback regulations. A. All permitted educational, research, professional, commercial and other related support services shall have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard setback of 35 feet from any urban local street. B. All permitted related residential uses and conditional residential uses shall have a minimum front yard setback of 25 feet from any public urban local street and a front yard setback of 20 feet from any private urban local road. On residential units utilizing a rear alley for access, the setback off of a private road may be reduced by 10 feet provided there are not driveways on the private road to the residential unit. Structural front yard setbacks from private roads shall be measured from the edge of the access easement. C. Residential housing units within a Continuing Care Retirement Community to include single-family small lot, duplex and multiplex shall have a minimum building spacing of 10 feet between units and a 50' perimeter boundary. 41). All permitted support services and related residential land uses other than those described in §165-101C are not proposed to have minimum side or rear yard setbacks. Individual parcels which are designed to be have structures placed on a side or rear property line shall obtai be provided with a maintenance easement frsm on the adjoining parcel that is a minimum of 10 feet in width. D. E. Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed parcels. E. F. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a 3:1 slope. Evergreen shrubbery that is a minimum of two feet in height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear feet. This element shall begin at the street right-of-way and end at the beginning of the parking lot. Parking lots located between the urban local street and the building front shall be developed to the standards set forth in § 165-27 of this chapter. 11 I )�:_41I 1' i�'9 ViIt )'y,1 f (� F. G. Parcels which are designed to have parking lots located behind the building s1a11 may have a reduced front yard setback of 2-5-- 20 feet from any urban collector street and 15 feet from any urban local street. § 165 1 § 165-102. Height regulations. A. The maximum structural height for hospitals, office buildings and all land use permitted under § 165-97B(1), Educational support services, shall be 90 feet. B. The maximum structural height for residential care facilities, nursing and personal care facilities, dormitories, -artier, apartments and automobile parking structures shall be 70 feet. C. The maximum structural height for all other land uses permitted in this article shall be 35 feet. D. Structural setbacks for all land uses permitted under § 165-I$1A 102A and 165- 1 n�102B shall be increased one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall be measured as follows: (1) From the minimum front yard setback established along urban collector streets and urban local streets for a master -planned MS (Medical Support) District that is to be developed as one parcel, or from the minimum front, side and rear years of individual parcels that are subdivided for development purposes. (2) From any required buffer area for a master -planned MS (Medical Support) District that is to be developed as one parcel, or for individual parcels that are subdivided for development purposes. (3) From the minimum building separation distance established between residential and nonresidential land uses. E. A clear zone void of structures, signage, vegetation and berms shall be established in areas determined by the Fire Marshall to ensure appropriate emergency access for all land uses permitted under § 165-IOIA 102A and 165-1$1-B 102A. These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development. § 165 102_ § 165-103. Open spaces, landscaped area and buffer and screening regulations. A. The minimum open space percentage for the MS (Medical Support) District shall include: (1) Twenty percent of the overall gross area of a master -planned MS (Medical Support) District that is to be developed as one parcel. (2) Twenty-five percent of the total site area of individual parcels that are subdivided for support services and 30% of the total site area of individual parcels that are subdivided for related residential land uses. B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under § 165-27E(11), Parking lot landscaping, and § 165-37, Buffers and screening, of this chapter. Minimum standards for required vegetative elements include two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open space percentage. C. Buffer and screening requirements for the MS (Medical Support) District shall include: (1) Master development planned area that is to be developed as one parcel. (a) A fifty -foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two-inch caliper at the time of planting. An earth berm that is four feet in height and constructed on a 3:1 slope shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A fifty -foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in § 165-102C(1)(a) of this article. (c) An internal residential separation buffer between detached, semi- detached, and all other related residential land uses containing a twenty-five foot buffer with a single row of evergreen trees on ten - foot centers that are a minimum of four feet at the time of planting. (d) Continuing Care Retirement facilities (as defined) shall be exempt frnm srlteri!al t_vnirratinri and ixitars:irl rovddn:2t;_I ✓- �--" �w �cwra �ss��cri. (2) Master development planned area that is to be developed as individual parcels. we 1)NL1 I I:I VISI(),\" I i p II11 v'II nl(c.11 III,Oz,,l I)1�'IIv,I( I I,IiG.I,,TI."I'N.=('(i'� (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165-97B of this article. (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-37 of this chapter; as well as all other applicable provisions of this section. (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: (a) A one -hundred foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard. Al twenty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A two -hundred -foot buffer adjacent to a parcel whose primary use is orchard. A forty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (4) A road efficiency buffer meeting the requirements § 165-37E of this chapter shall be provided for all related residential land uses permitted in § 165-96B(5) of this article. § X6-5-103: § 165-104. Sign regulations. A Permitted Signage (1) Business signs (2) Signs allowed in §165-30B (3) Multi -tenant complex signs (4) Freestanding building entrance signs EMS MIM mrMaWn 10 1 W) B. All business signs shall be monument -style signs that are a maximum of 12 feet in height. Business signs shall not exceed 100 square feet in area. C. All wall -mounted signs shall be t4ed to neer+passs-0%a of the wall area to the wall mounted sign does not exeeed 290squaire Lbeet. conform to §165-30H(1) of the Frederick County Zoning Ordinance. D. All business signs sha4l be set baek a miftimum of 10 feet from all ufban ealleete Areel a u ban leeal stmets and shall have4 f 100 • �Vlll� 1V fret betv.'ec=t business Signs. Sign setbacks shall conform to §165-30F of the Frederick County Zoning Ordinance and sign spacing shall conform to §165-30F of the Frederick County Zoning Ordinance. E. Directional signs and on-site informational signs shall be set back a minimum of five feet from all urban collector streets, urban local streets, street intersections, and street entrances to provide for safe and adequate sight distance. Directional signs shall not exceed 50 square feet in area, and informational signs shall not exceed 20 square feet in area. Directional signs and informational signs shall be exempt from minimum spacing requirements between business signs and other directional signs. 20. Editor's Note: This ordinance also redesignated former Arts. XIII through XXI as XIV through XXII, respectively; and renumbered §§ 165-96 through 165-145 as 165-104 through 165-156, respectively. 11 ATTACHMENT 3 PROPOSED DEFINITIONS Continuing Care Retirement Community — A housing development on one parcel of land that meets the requirements for housing for older persons (as defined by the Cod of Virginia) that is planned, designed and operated to provide a full range of accommodations for older persons, including independent living, congregate care facilities, assisted living facilities and nursing home (skilled -care) facilities. CCRC's must also include ancillary facilities for the further enjoyment, service or care of the residents. In a CCRC residents may move from one level to another level of housing accommodations as their needs change. Continuing Care Residential Communities may not contain individual parcels, the community must be developed as one parcel and the development may contain rental options for residential units. Independent Living Facility - A building or series of buildings containing independent dwelling units or individual housing units to include: single family detached, duplex or multiplex units. Independent living facilities are intended to provide housing for older persons not requiring health or other services offered through a central management structure/source. The facility may include ownership or rental units and must be subject to appropriate covenants, conditions, management policies or other procedures to ensure that the facility provides only housing for older persons, as defined above. Congregate Care Facility - A building containing residential living facilities intended as housing for older persons and which offers the residents of such facility the opportunity to receive their meals in a central dining facility, to receive housekeeping services and to participate in activities, health services, and other services offered through a central management structure/service. Assisted Living Facility A building or series of buildings containing residential living facilities for older, disabled or infirm persons and which provides personal and health care services, 24- hour supervision, and various types of assistance (scheduled and unscheduled) in daily living and meeting the requirements of Section 63.2-1800, et. seq. of the Code of Virginia (1950), as amended. Adult Care Residences — A public or private establishment operated or maintained for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting. Adult care residences do not include facilities or portions of a facility licensed by the state Board of Health or the Department of Mental Health, Mental Retardation and Substance abuse Services; and the home or residence of an individual who cares for or maintains only persons related to him by blood or marriage; and a facility or portion of a facility serving infirm or disabled persons between the ages of 18 and 21. I::tV\f i ` < r_ 1 ( .� Its J F11 ' ff ,l) : \l: St' 1 '(:).R�. i i.)1S"I. f :I Tl� - 7 # ARTICLE XIII MS (Medical Support) District [Added 9-12-20012x] § 165-96. Intent. ATTACHMENT 4 The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within a master development plan to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. § 165-97. Permitted uses. A. All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article XVIII of this chapter. B. Structures are to be erected or land used for one or more of the identified uses. The permitted uses are identified by Standard Industrial Classification. All uses described by Standard Industrial Classification are allowed only if the major group, industry group number, or industry number general group titles are used. (1) Educational support services: Standard Industrial Classification Allowed Uses (SIC) Colleges, universities, professional schools and junior 822 colleges Libraries 823 Nursing schools, practical 8249 (2) Research support services: Standard Industrial Classification Allowed Uses (SIC) Research and development facilities for the 283 following manufacturing groups: Drugs Commercial physical and biological research 8731 Noncommercial research organizations 8733 .e{. I11. lj'.T4_ @ 1 �tta►'t; '' .. Testing laboratories 8734 (3) Professional and commercial support services. Standard Indtistrial Classification Allowed Uses (SIC) Convenience stores 5411 Retail bakeries 546 Coffee stores, health food stores and vitamin stores 5499 Retail uniform stores 5699 Eating places 5812 Drug stores and proprietary stores 591 Bookstores 5942 Stationery stores 5943 Gift shops, greeting card shops and balloon shops 5947 Florists 5992 News dealers and news stands 5994 Optical goods stores 5995 Orthopedic and artificial limb stores 5999 Commercial Banks 602 Credit Unions 606 Life insurance offices 6311 Accident and health insurance offices 6321 Hospital and medical service plans offices 6324 Pension, health and welfare funds offices 6371 Insurance agents, brokers and service offices 6411 Real estate agents and managers offices 6531 Holding offices 671 Hotels and motels 701 Organizational hotels and lodging houses 704 Garment pressing and agents for laundries and drycleaners 7212 Linen supplies 7213 Beauty shops 7231 Barber shops 7241 Photocopying and duplicating services 7334 Medical equipment rental and leasing 7352 Data entry, data processing, data verification and optical 7374 Scanning data service Product sterilization services [Added 8-24-20041 7389 Hearing aid repair and medical equipment repair, electrical 7629 Dental instrument repair, laboratory instrument repair, 7699 medical equipment repair, except electric, microscope repair, optical instrument repair, scientific instrument repair, except electric and surgical instrument repair Physical fitness facilities 7991 2 IN., A 1''1 �_ i.[(,F���4�R.r���r.; (4) (5) Membership sports and recreation clubs 7997 Offices and clinics of doctors and dentists 801-804 Hospitals 806 Medical laboratories 8071 Dental laboratories 8072 Miscellaneous health and allied services 809 Adult day-care centers 8322 Child day-care services 8351 Public buildings, including the following: 5048 Social services offices 5049 Free medical clinics 512 Manufacturing and wholesaling support services (a) All permitted manufacturing and wholesaling support services shall meet the flex - tech performance standards as identified in § 165-48.7C of this chapter. (b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct light downward. Related residential uses to support hospitals, medical centers, medical offices, clinics, and schools of medicine: Standard Industrial Classification Allowed Uses (SIC) Pharmaceutical machinery 3559 Surgical, medical and dental instruments and supplies 384 Ophthalmic goods 385 Medical, dental and hospital equipment and supplies 5047 Ophthalmic goods 5048 Laboratory equipment, except medical and dental 5049 Drugs, drug proprietaries and druggist sundries 512 (a) All permitted manufacturing and wholesaling support services shall meet the flex - tech performance standards as identified in § 165-48.7C of this chapter. (b) All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering areas, staging areas, and outdoor storage areas shall be shielded to direct light downward. Related residential uses to support hospitals, medical centers, medical offices, clinics, and schools of medicine: Standard Industrial Classification Allowed Uses SIC Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Dormitories, commercially operated 7021 Nursing and personal care facilities 805 Residential care facilities 836 Dormitories, medical and allied health (As defined) 3 N11 [J.)]CAL 811 1 POR t DT841 '(I 1 1 '...J Halfway house (As defined) Adult treatment home (As defined) Drug treatment home (As defined) Family care home (As defined) Group home (As defined) Protected population home (As defined) (6) Other related uses: On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) § 165-98. Conditional Uses. A. Continuing Care Retirement Communities (as defined), provided that the following conditions are met: 1. All Continuing Care Retirement Communities must be within a two mile radius of the Winchester Medical Center. 2. Maximum residential density shall not exceed ten units per acre provided the following: (a) Single-family detached and single-family attached residential structures having individual access shall have an average lot area of 3,000 square feet per dwelling unit. (b) All other residential land uses shall provide a minimum of 1,000 square feet of lot average lot area per bedroom. 3. The Continuing Care Retirement Community must consist of residential units which provide independent living, congregate care or assisted living as well as nursing home care for its residents. 11 Standard Industrial Classification Allowed Uses (SIC) Ambulance service, road and vanpool operation 4119 Ambulance service, air 4522 Automobile parking 7521 Churches 8661 Fire protection 9224 Conference/events center (As defined) Fleet maintenance facility, medical and allied health (As defined) On-site utility systems (As defined) Telecommunications towers and facilities (As defined) Warehousing, medical and allied health services (As defined) Wellness centers (As defined) § 165-98. Conditional Uses. A. Continuing Care Retirement Communities (as defined), provided that the following conditions are met: 1. All Continuing Care Retirement Communities must be within a two mile radius of the Winchester Medical Center. 2. Maximum residential density shall not exceed ten units per acre provided the following: (a) Single-family detached and single-family attached residential structures having individual access shall have an average lot area of 3,000 square feet per dwelling unit. (b) All other residential land uses shall provide a minimum of 1,000 square feet of lot average lot area per bedroom. 3. The Continuing Care Retirement Community must consist of residential units which provide independent living, congregate care or assisted living as well as nursing home care for its residents. 11 =:1. Cts 1�} ^x,113 1)f4'.',�_ '_ 1-Y I' i 1 �[S"I "It's 4. Occupancy of the dwelling units is restricted to older persons (as defined), with the following exceptions: (1) The spouse of a resident, regardless of age; or (2) Resident staff necessary for operation of the facility are also allowed to live on site. 5. The communities may provide ancillary services and facilities, such as but not limited to transportatioti, a common dining room and kitchen, recreation area, meeting or activity rooms, library, chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care of the residents. Such facilities must be conveniently located in relation to the remainder of the development, particularly the dwelling units; they must not be externally advertised. The Board may restrict their use to residents and staff only. 6. Residential Uses within the Continuing Care Retirement Community may consist of the following: (a) Independent living (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (b) Home Occupations (as defined). § 165-99. District area, floor -to -area ratios and residential gross densities. A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XVIII of this chapter. B. Parcels that are less than 20 acres in size that are contiguous to a master -planned MS (Medical Support) District development, including those parcels that are directly across public right-of-way to a master -planned MS (Medical Support) District development, and may be rezoned to the MS District. E Standard Industrial Classification (SIC) Operators of apartment buildings 6513 Operators of dwellings other than apartment buildings 6514 Nursing and personal care facilities 805 Residential care facilities 836 (a) Independent living (as defined) may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments. (b) Home Occupations (as defined). § 165-99. District area, floor -to -area ratios and residential gross densities. A. All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article XVIII of this chapter. B. Parcels that are less than 20 acres in size that are contiguous to a master -planned MS (Medical Support) District development, including those parcels that are directly across public right-of-way to a master -planned MS (Medical Support) District development, and may be rezoned to the MS District. E l:'!'F31;. C. The Board of Supervisors may provide for the administrative approval of parcel subdivision which front on private street systems during the master development plan approval process. D. Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under § 165-97B(1), Educational support services, shall be allowed to develop a maximum floor -to -area ratio (FAR) of two. The maximum FAR shall be based on the total site area for a master -planned MS (Medical Support) District that is to be developed as one parcel, or for the total site area of individual parcels that are subdivided for development purposes. E. All permitted land uses other than those described in §165-98D providing support services to this district shall be allowed to develop a maximum floor -to -area ratio (FAR) of one. The maximum FAR shall be determined as described in § 165-98D. F. The overall gross densities for permitted land uses identified in § 165-97B(5) shall be calculated as described under this subsection: (1) Single-family detached and single-family attached residential structures having individual access may have a minimum lot size or average lot area of 3,000 square feet per dwelling unit. (2) All other related residential land uses shall provide a minimum of 1,000 square feet of lot size or average lot area per bedroom. § 165-100. Access regulations. A. All land uses permitted in this article shall be served by street systems that are constructed to the geometric design standards for urban collector streets and urban local streets. Such street systems may be private or may be dedicated to Frederick County for eventual acceptance into the state secondary road system. B. Parcels that contain portions of collector street systems that are intended to continue through to other parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to applicable state secondary road standards and shall be dedicated to Frederick County for eventual acceptance into the state secondary road system. C. Commercial entrances for permitted support services and entrances for related residential developments on urban collector streets shall have a minimum spacing requirement of 250 feet between entrances. D. Commercial entrances for permitted support services and entrances for related residential developments shall have a minimum spacing requirement of 150 feet from street intersections to provide for adequate vehicle stacking. on Cl. !'f,! �_ I Io., 1 }t(_`r1� Wil. 1'�:'O �_� I C� . f I:1:}l.l; I i E. Driveways serving individual related residential land uses shall only be permitted along urban local streets. F. All permitted and conditional land uses shall be designed to provide for internal traffic circulation and interparcel connectors to adjoining land uses to provide for access between uses without entering onto urban collector streets. The Board of Supervisors may grant a waiver to this requirement if topographic constraints prevent Interparcel connectivity. § 165-101. Structure and parking lot setback regulations. A. All permitted educational, research, professional, commercial and other related support services shall have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard setback of 35 feet from any urban local street. B. All permitted related residential uses and conditional residential uses shall have a minimum front yard setback of 25 feet from any public urban local street and a front yard setback of 20 feet from any private urban local road. On residential units utilizing a rear alley for access, the setback off of a private road may be reduced by 10 feet provided there are not driveways on the private road to the residential unit. Structural front yard setbacks from private roads shall be measured from the edge of the access easement. C. Residential housing units within a Continuing Care Retirement Community to include single-family small lot, duplex and multiplex shall have a minimum building spacing of 10 feet between units and a 50' perimeter boundary. D. All permitted support services and related residential land uses other than those described in § 165-101 C are not proposed to have minimum side or rear yard setbacks. Individual parcels which are designed to have structures placed on a side or rear property line shall be provided with a maintenance easement on the adjoining parcel that is a minimum of 10 feet in width. E. Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed parcels. F. Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a 3:1 slope. Evergreen shrubbery that is a minimum of two feet in height at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear feet. This element shall begin at the street right-of-way and end at the beginning of the parking lot. Parking lots located between the urban local street and the building front shall be developed to the standards set forth in § 165-27 of this chapter. 7 f I— G. Parcels which are designed to have parking lots located behind the building may have a reduced front yard setback of 20 feet from any urban collector street and 15 feet from any urban local street. § 165-102. Height regulations. A. The maximum structural height for hospitals, office buildings and all land use permitted under §165-97B(1), Educational support services, shall be 90 feet. B. The maximum structural height for residential care facilities, nursing and personal care facilities, dormitories, garden apartments and automobile parking structures shall be 70 feet. C. The maximum structural height for all other land uses permitted in this article shall be 35 feet. D. Structural setbacks for all land uses permitted under § 165-102A and 165-102B shall be increased one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall be measured as follows: (1) From the minimum front yard setback established along urban collector streets and urban local streets for a master -planned MS (Medical Support) District that is to be developed as one parcel, or from the minimum front, side and rear years of individual parcels that are subdivided for development purposes. (2) From any required buffer area for a master -planned MS (Medical Support) District that is to be developed as one parcel, or for individual parcels that are subdivided for development purposes. (3) From the minimum building separation distance established between residential and nonresidential land uses. E. A clear zone void of structures, signage, vegetation and berms shall be established in areas determined by the Fire Marshall to ensure appropriate emergency access for all land uses permitted under § 165-102A and 165-102A. These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development. § 165-103. Open spaces, landscaped area and buffer and screening regulations. A. The minimum open space percentage for the MS (Medical Support) District shall include: ` (fl.:�Tt I ()i l ii'► .I f;:i. ii ii`� m+;1Ci (1) Twenty percent of the overall gross area of a master -planned MS (Medical Support) District that is to be developed as one parcel. (2) Twenty-five percent of the total site area of individual parcels that are subdivided for support services and 30% of the total site area of individual parcels that are subdivided for related residential land uses. B. All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under § 165-27E(11), Parking lot landscaping, and § 165-37, Buffers and screening, of this chapter. Minimum standards for. required vegetative elements include two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open space percentage. C. Buffer and screening requirements for the MS (Medical Support) District shall include: (1) Master development planned area that is to be developed as one parcel. (a) A fifty -foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two-inch caliper at the time of planting. An earth berm that is four feet in height and constructed on a 3:1 slope shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A fifty -foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in § 165-102C(1)(a) of this article. (c) An internal residential separation buffer between detached, semi- detached, and all other related residential land uses containing a twenty-five foot buffer with a single row of evergreen trees on ten - foot centers that are a minimum of four feet at the time of planting. (d) Continuing Care Retirement facilities (as defined) shall be exempt from internal separation and internal residential separation buffers. (2) Master development planned area that is to be developed as individual parcels. 0 Ila' 1m3 ::f f�)_ �l.►.I.f l.. N4 f.r � ;1._!'i:r.l f)!, 1I.1! i _�i l�a� ] �)t_ (a) Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165-97B of this article. (b) All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-37 of this chapter; as well as all other applicable provisions of this section. (3) All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers: (a) A one -hundred foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard. Al twenty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (b) A two -hundred -foot buffer adjacent to a parcel whose primary use is orchard. A forty -foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on ten -foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a 3:1 slope. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-27E(11), Parking lot landscaping, are met. (4) A road efficiency buffer meeting the requirements § 165-37E of this chapter shall be provided for all related residential land uses permitted in § 165-96B(5) of this article. 165-104. Sign regulations. A Permitted Signage (1) Business signs (2) Signs allowed in §165-30B (3) Multi --tenant complex signs (4) Freestanding building entrance signs B. All business signs shall be monument -style signs that are a maximum of 12 feet in height. Business signs shall not exceed 100 square feet in area. 10 )RCA) KIP-1,T)PI INS NICI '-11'.G.,;�a'� C. All wall -mounted signs shall conform to §165-30H(1) of the Frederick County Zoning Ordinance. D. Sign setbacks shall conform to § 165-30E of the Frederick County Zoning Ordinance and sign spacing shall conform to §165-30F of the Frederick County Zoning Ordinance. E. Directional signs and on-site informational signs shall be set back a minimum of five feet from all urban collector streets, urban local streets, street intersections, and street entrances to provide for safe and adequate sight distance. Directional signs shall not exceed -54) square feet in area, and informational signs shall not exceed 20 square feet in area. Directional signs and informational signs shall be exempt from minimum spacing requirements between business signs and other directional signs. 11