DRRC 08-24-06 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
To: Development Review and Regulations Subcommittee
From: Mark R. Cheran, Zoning Administratori� �.
Subject: August Meeting and Agenda
Date: August 17, 2006
The Frederick County Development Review and Regulations Subcommittee (DRRS) will be meeting
on Thursday, August 24, 2006 at 7:30 p.m. in the BOARD ROOM of the County Administration
Building, 107 North Kent Street, Winchester, Virginia. The DRRS will discuss the following agenda
items:
AGENDA
1) Discussion of Amending Section 165-82 of the Frederick County Zoning Ordinance.
Staff is seeking input from the DRRS on changes to this section of the ordinance and SIC
Codes. These SIC Codes need better clarification. (See attachments)
2) Discussion of Section 165-30 of the Frederick County Zoning Ordinance. Staff is
seeking input from the DRRS regarding the interpretation and application of this section as
related to signage. The current and proposed section(s) are located below. (See attachments)
3) Other
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.
MRC/bad
Attachments
107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000
Item #1: Section 165-82
Staff is seeking DRRS input on removing SIC 7389, 7312, 7389, and 7699 to avoid any confusion as
to these uses in the B-3 (Industrial Transition), M-1 (Industrial Light) Zoning Districts. This uses are
listed by there general SIC heading and do not need to be listed. This is clean up action regarding
theses SIC Codes. The current ordinance is included below for your review.
§ 165-82 FREDERICK COUNTY CODE
§ 165-82
Standard
Industrial
Allowed Uses
Classification
(SIC)
Automotive dealers and gasoline
55
service stations
Wholesale trade businesses
Restaurants [Added 5-26-20041
58
Laundry, dry-cleaning and garment
721
services, excluding the following:
Coin-operated laundries
7215
Linen supply [Added 8-24-20041
7213
Dry-cleaning plants [Added 8-24-20041
7216
Business services
73
Outdoor ad services [Added 8-24-2004]i
731
Automobile recovery service [Added 8-24-20041
738
Automobile repossession service
738
[Added 8-24-20041
Product sterilization service [Added 8-24-20041'
7389
Repossession service [Added 8-24-2004]
7389
Automotive repair, services and parking
75
Miscellaneous repair services
76
Agricultural equipment repair [Added 8-24-20041
7699
Dental and medical instrument repair
7699
[Added 8-24-20041
16622 04-25-2005 0
0 § 165-82 ZONING § 165-82
Allowed Uses
Standard
Industrial
Classification
(SIC)
Farm machinery and tractor repair
[Added 8-24-20041
Laboratory instrument repair [Added 8-24-2004]
Precision instrument repair [Added 8-24-2004]
r7699
Repair of optical instruments [Added 8-24-2004]
Repair of service station equipment
[Added 8-24-20041
•
0 16622.1 04-25-2005
•
§ 165-82 ZONING
§ 165-82
Standard
Industrial
Classification
Allowed Uses
(SIC)
Scale repair service [Added 8-24-2004]
699
Surgical instrument repair [Added 8-24-20041
7699
Drive-in motion picture theaters
75
Amusement and recreation services
79
operated indoors
Self-service storage facilities
_
Vocational schools
824
Business associations
861
Professional membership organizations
862
Labor unions and similar labor organizations
863
Engineering, accounting, research,
87
management and related services
Testing laboratories [Added 8-24-2004]
8734
General business offices
_
Model home sales office
_
Accessory retailing
_
Public buildings
_
Public utility distribution facilities
_
Business signs
_
Directional signs
_
Building entrance signs
_
Residential uses which are accessory
_
to allowed business uses
Parks
16623 12-15-2004
•
•
§ 165-82
ZONING
Allowed Uses
Electric, gas and other utility facilities
and offices and trucking and warehousing
[Amended 8-24-20041
Wholesale trade
Advertising specialties — wholesale
[Added 8-24-20041
Restaurants
Linen supply [Added 8-24-20041
Dry cleaning plants [Added 8-24-2004]
Business services
Outdoor ad services [Added 8-24-20041
Automobile recovery service [Added 8-24-2004]
Automobile repossession service
[Added 8-24-20041
Exhibits building of by contractors
[Added 8-24-20041
Filing of pressure containers (aerosol)
[Added 8-24-20041
Gas systems contract conversion from
manufactured to natural gas [Added 8-24-20041
Produce weighting service
[Added 8-24-20041
Salvaging of damaged merchandise not
engaged in sales [Added 8-24-2004]
Scrap steel cutting [Added 8-24-20041
Truck rental and leasing, without drivers
[Added 2-7-19951
Tire retreading [Added 5-13-1992]
16624.3
§ 165-82
Standard
Industrial
Classification
(SIC)
49
5199
58
7213
7216
73
7389
7389
7389
7389
7389
7389
7389
7389
7513
7534
04-25-2005
§ 165-82 FREDERICK COUNTY CODE
§ 165-82
Standard
Industrial
Allowed Uses
Classification
(SIC)
Welding repair [Added 8-24-2004]
7692
Agricultural equipment repair [Added 8-24-2004]
7699
Boiler cleaning and repair [Added 8-24-20041
7699
Cesspool cleaning [Added 8-24-2004]
7699
Coppersmithing [Added 8-24-20041
7699
Engine repair [Added 8-24-20041
7699
Farm machinery and tractor repair
7699
[Added 8-24-20041
Industrial truck repair [Added 8-24-20041
7699
Machinery cleaning [Added 8-24-20041
7699
Measuring and controlling instrument
7699
repair; mechanical [Added 8-24-20041
Meteorological instrument repair
7699
[Added 8-24-20041
Precision instrument repair [Added 8-24-2004]
7699
Repair of optical instruments [Added 8-24-2004]
7699
Repair of service station equipment
7699
[Added 8-24-20041
Scale repair service [Added 8-24-20041
7699
Septic tank cleaning service [Added 8-24-20041
7699
Sewer cleaning service [Added 8-24-20041
7699
Tank and boiler cleaning service
7699
[Added 8-24-20041
Tank truck cleaning service [Added 8-24-2004]
7699
Tinsmithing [Added 8-24-2004]
7699
Vocational sch6ols
824
16624.4 04-25-2005 0
Item #2: Section 165-30
Staff is seeking input from the DRRS regarding this section of the ordinance regarding signage.
Changes of this section may be needed to avoid any confusion and add clarification to this section of
the ordinance. Staff believes that this section of the ordinance is difficult to understand and read for
the general public. Currently, the ordinance lacks design or performance standards. This proposed
change to signage was presented to the committee in October of 2005. The committee required staff
present a draft of any proposed changes to this section. Staff will be presenting to the committee a
draft of proposed definitions and standards for signage in the commercial and industrial districts of
Frederick County. The current ordinance section is included for your review and the proposed
changes to this section.
Section 165-156. Definitions
Sign, Environmentally Activated- Any sign that is activated by the wind; to included banners,
flags, balloons, or other objects designed and fashioned to move when subjected to wind
pressure.
Sign, Light Electronic Diomode- A sign with a series of lights that maybe changed by electronic
means.
Sign, Message Electronic- A sign with a fix or changing message display composed of a series of
lights that may be changed by electronic means.
Sign, Monument- A freestanding standing ground mounted business or residential sign supported
primarily by an internal structural framework not supported by poles. Monument sign can be
internally or externally lighted.
Sign, Multi -Tenant Complex- A permanent on -premises or off -premises monument entrance sign
that identifies users in a shopping complex, office park, or industrial park.
Sign, Off -premises business - A sign that advertise a product or business not produced or sold on
the parcel which the sign is located. Not to include multi -tenant complex signs.
Sign, On -Site Directional- A sign containing directional messages concerning the distance or
direction of business located in a multi -tenant business or industrial complex. Sign height shall
be five (5) feet and sign area of five (5) square feet.
§ 165-29 FREDERICK COUNTY CODE § 165-30
(2) In such cases, the Zoning Administrator may require a -traffic
access plan which describes existing traffic, conditions and
design on the streets abutting the site and the methods proposed
to ensure that the intent of this section has been met.
C. Internal circulation. A complete system of internal traffic circulation
shall be provided to serve all uses in any shopping center, industrial
park or any development included in a single master development
plan, site plan or subdivision plat approved by Frederick County. In
such developments, internal access shall be provided in a fashion so
that all uses can be mutually accessed without entering onto arterial or
primary highways. In such cases, a pattern of internal circulation shall
be designed to ensure that conflicts are avoided between moving
vehicles, parking areas, pedestrian areas, loading areas and the various
uses provided.
D. Pedestrian access. Safe pedestrian walkways shall be provided to all
uses on land included in a master plan or site plan approved by
Frederick County. Sidewalks shall be provided in conformance with
adopted corridor or walkway plans or approved master development
plans. The Planning Commission may require additional sidewalks or
walkways on master plans or site plans to promote a general system
of pedestrian access in residential neighborhoods or business
corridors.
E. Fire lanes. Fire lanes shall be required as set forth in Chapter 90, Fire
Prevention. [Added 12-9-19921
§ 165-30. Signs.
Signs shall be allowed or prohibited according to the following requirements
in order to promote safety, to protect property values, to create an atmosphere
conducive to orderly economic growth and to meet the intentions of this
chapter:
A. Signs prohibited in all districts. The following types of signs shall be
prohibited in all zoning districts:
(1) Animated or flashing signs.
(2) Signs painted directly onto the exterior of buildings.
16546 12_15_99 01
§ 165-30 ZONING § 165-30
(3) Inflatable signs. [Added 9-12-20011
(4) Roof signs. [Added 9-12-20011
(5) Portable signs. [Added 9-12-20011
B. Signs allowed in all districts. The following types of signs shall be
allowed in all zoning districts:
(1) Signs indicating the names or addresses of the occupants of
residences.
(2) Signs or bulletin boards associated with public institutions,
churches, schools or community centers.
(3) Commemorative plaques and historical markers.
(4) Signs identifying civic, social or other nonprofit organizations.
(5) Private road signs.
(6) Signs erected or required by a governmental agency.
(7) Temporary yard sale signs.
(8) Temporary real estate signs.
(9) Temporary window signs.
(10) Temporary construction signs.
(11) Temporary campaign signs. [Added 9-12-2001 ]
(12) Entrance signs for developments or subdivisions. [Amended
9-12-20011
(13) Monument signs. [Added 9-12-20011
C. Signs allowed in certain districts. The following types of signs are
allowed only if they are specifically listed under the list of allowed uses
for the zoning districts in which they are located:
(1) Business signs.
(2) Directional signs.
(3) Cottage occupation signs.
(4) Freestanding building entrance signs.
(5) On-site informational signs. [Added 9-12-20011
16547 10-25-2001
§ 165-30 FREDERICK COUNTY CODE § 165-30
D. Off -premises business signs. Signs that advertise a product not
produced or for sale on the lot or parcel on which the sign is located
and signs that advertise a business that is not located on the premises
shall be allowed as a conditional use only. Such signs shall be allowed
only if a conditional use permit for that sign has been granted. In
considering such a sign, the following standards should be considered:
(1) No off -premises business sign shall be allowed in the RP
Residential Performance, the R4 Residential Planned Community,
R5 Residential Recreational Community or the MH1 Mobile
Home Community District.
(2) Appropriate separation shall be provided between the off -
premises business sign and surrounding residences and other
uses. The Board of Supervisors may require that such signs not
be visible from surrounding residences.
(3) Off -premises business signs shall be limited to a size, scale and
height that does not detract from surrounding properties and
uses.
(4) Off -premises business signs shall be properly separated from
each other to avoid clutter along road corridors.
(5) Off -premises business signs shall not be of a type that will
distract motorists or cause other safety hazards.
(6) Off -premises business signs shall be properly maintained.
E. Setbacks. All freestanding signs shall be set back at least 10 feet from
lot lines or property boundary lines. Signs that are attached to
buildings shall meet the required setbacks for that building. In general,
freestanding building entrance signs shall not be located in front yard
setback areas. However, freestanding building entrance signs may be
located in front yard setback areas as long as they are no more than
five feet from the entrance to the building or use designated.
F. Minimum spacing between freestanding business signs. The
minimum distance separating new from existing freestanding
business signs or separating new freestanding business signs shall be
50 feet. The Zoning Administrator may allow two signs to be
separated by less than 50 feet in order to allow the signs to share an
appropriate location. In such cases, the two signs shall be separated
from other signs by a distance of 50 feet plus the distance by which
16 548 10-25-2001
§ 165-30 ZONING § 165-30
the separation between the two signs was reduced from the required
50 feet.
G. Height. No sign shall exceed the maximum height requirement for the
zoning district in which they are located. Business signs located in the
RA (Rural Areas) Zoning District shall not exceed 10 feet in height. All
signs other than business signs shall be no more than 10 feet in
height. No freestanding business entrance sign shall exceed five feet
in height. [Amended 12-14-2005]
H. Size. The following restrictions shall apply to the size of signs:
(1) No business sign or directional sign shall exceed 100 square feet
in area. Standardized franchise signs may exceed 100 square feet
in area, but shall not exceed 150 square feet in area. In the B-1
(Neighborhood Business) District and the RA (Rural Areas) Zoning
District, no business sign or directional sign shall exceed 50
square feet in area. [Amended 12-14-2005]
(2) Cottage occupation signs shall not exceed four square feet in
area.
(3) Wall -mounted business signs in the B2 Business General, the B3
Industrial Transition, M1 Light Industrial, the M2 Industrial
General or the MS Medical Support Districts shall be permitted to
encompass 20% of the area of the wall to which the sign is
attached, provided that the total area of the wall -mounted
business sign does not exceed 200 square feet. [Amended
9-12-2001]
(4) No freestanding building entrance sign shall exceed four square
feet in area.
Maintenance. All signs shall be maintained in a state of good repair.
Signs that are damaged, structurally unsound or poorly maintained
shall be repaired or removed within 30 days.
(1) If an off -premises sign advertises a business or activity that is no
longer being operated or conducted or if a directional sign refers
to a location where the advertised activities no longer exist, that
sign shall be considered to be abandoned and shall be removed
by the owner within 30 days.
16549 02-10-2006
§ 165-30 FREDERICK COUNTY CODE
§ 165-31
(2) If the message portion of a sign is removed, the supporting
structural components shall be removed or the message portion
rPnlarPd Within 3n days.
J. Sign permits. [Amended 6-9-1993]
(1) Before a sign may be constructed, reconstructed or altered, a
sign permit shall be obtained from the Frederick County Building
Official.
(2) Commemorative plaques and historical markers shall be exempt
from obtaining sign permits.
§ 165-31. Protection of environmental features. [Amended 12-11-1991;
8-9-2000; 7-11-2001; 4-23-2003]
In order to protect those areas of a parcel which have environmental
characteristics that make them unsuitable for development, certain portions of
a development shall remain undisturbed or be protected. It is the intention of
this section that the disturbance of such areas by the development process be
limited. It is also the intention of this section that the large portions of the
areas with such environmental characteristics be placed in open space,
environmental easements, the portion of the parcel left undivided or other
areas where they will remain undisturbed. It is intended that the environmental
conditions on a property be reviewed as the first step in the planning process
before lots or dwellings are located.
A. The requirements of this section shall apply to land in the following
zoning districts:
RP Residential Performance District
R4 Residential Planned Community District
R5 Residential Recreational Community District
MH1 Mobile Home Community District
B1 Neighborhood Business District
B2 Business General District
B3 Industrial Transition District
M1 Light Industrial District
M2 Industrial General District
HE Higher Education District
RA Rural Areas District
MS Medical Support District
16550 02-10-2006
165-30. Signs.
A. Signs prohibited in all districts. The following types of signs shall be prohibited in all
zoning districts:
(6) Environmentally Activated Signs
(7) Electronic Message Signs
(8) Light Electronic Diomode (LED) Signs
(9) Off Premises business signs
B. Signs allowed in all districts. The following types of signs shall be allowed in all zoning
districts:
(14)
Multi -Tenant Complex Signs
(15)
Directional Signs
(16)
Informational Signs
(17)
Building Signs
C. Signs allowed in certain districts. The following types of signs are allowed only if they
are specifically listed under the list of allowed uses for the zoning districts in which they
are located:
(2) Dir-eetional Signs
(6) Interstate Overlay District Signs shall comply with the requirements of Section
165-27 of the Frederick County Zoning Ordinance.
G. Height. No sign shall exceed the maximum height requirement for the zoning district in
which they are located. Business signs located in the RA (Rural Areas) Zoning District
shall not exceed 10 feet in height. All signs other than business signs shall be no more
than 10 feet in height. No freestanding business entrance sign shall exceed five feet in
height. No directional sign shall exceed five (5) feet in height. No Information sign shall
exceed five (5) feet in height.
(1). Sign Height shall be measured from the lowest adjacent grade to the highest point
of the sign structure.
H. Size. The following restrictions shall apply to the size of signs:
(5) No directional sign shall exceed five (5) square feet in area.
(6) No informational sign shall exceed ten (10) square feet in area.
(7) Sign area shall be measured as the total area of the surface area containing the
information
(8) All freestanding signs shall be of monument type and shall not exceed twelve (12)
feet in height and fifty (50) square feet in size.