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PC 09-02-09 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia September 2, 2009 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting................................................................ (no tab) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 4) Conditional Use Perma 906-09 for Powell's Investments, LLC, for a Public Garage Without Body Repair. The property is located at 214 Waterloo Court, and is identified with Property Identification Number 65-A-130 in the Shawnee Magisterial District. Mr. Cheran....................................................................................................................... (A) 5) Ordinance Amendment — Chapter 165 Zoning, Article fVI Business and Industrial Zoning Districts, Part 606 M1 Light Industrial District, Subsection 02 Allowed Uses. Revision to the Frederick County Zoning Ordinance to add Standard Industrial Classification (SIC) 3482 and 3484 - Fabricated Metal Products, to the permitted uses in the M1 District. Mrs. Perkins..................................................................................................................... (B) 6) Ordinance Amendment — Chapter 165 Zoning, Article II Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 201 Supplementary Use Regulations, Subsection 05 Secondary or Accessory Uses. Revisions to the Frederick County Zoning Ordinance to allow for accessory retailing in the OM (Office - Manufacturing Park) District, MI (Light Industrial) District and M2 (Industrial General) District. Mrs. Perkins...................................................................................................................... (C) 7) Ordinance Amendment — Chapter 165 Zoning, Article 11 Supplementary Use Regulations, Parking, Buffers, and Regulations for Specific Uses, Part 202 Off -Street Parking, Loading and Access, Subsection 01 Off -Street Parking; Parking Lots and Article I General Provisions, Amendments, and Conditional Use Permits, Subsection 02 Definitions & Word Usage. Revisions to the Frederick County Zoning Ordinance to revise standards for off-street parking and parking lot requirements. Mrs. Perkins........................................................................................................................ (D) FILE COPY 8) Ordinance Amendment — Chapter 165 Zoning, Article I General Provisions, Amendments, and Conditional Use Permits, Part 101 General Provisions, Subsection 02 Definitions & Word Usage. Revisions to the Frederick County Zoning Ordinance to revise the definition of "dwelling" and "dwelling, attached". Mrs. Perkins..............................•......................................................................................... (E) 9) Ordinance Amendment — Chapter 144 Subdivision of Land, Article V Design Standards, Subsection 18 Sidewalks and Pedestrian Walkways; Subsection 19 Streetlights; and, Subsection 33 Commercial and Industrial Design Standard Exemptions. Revisions to: §144-18 to require sidewalks along existing streets as well as proposed streets in the RP (Residential Performance) District, R4 (Residential Planned Community) District, R5 (Residential Recreational Development) District, and the MS (Medical Support) District; §144-19 to remove lot size requirement; and, §144-33 to remove sidewalks and pedestrian walkways exemption for commercial and industrial properties. Mrs. Perkins........................................................................................................................ (F) 10) Other CONDITIONAL USE PERMIT 406-09 aw41C . C°�� Powell's Investments, LLC Staff Report for the Planning Commission a Prepared: August 17, 2009 w , 1J3B Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 09/02/09 Board of Supervisors: 09/23/09 Action Pending Pending EXECUTIVE SUMARY: This is a request for a Public Garage without Body Repair. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. 2. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation limited to only two (2) employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size. 7. Hours of operation shall be from 7:00 am to 7:00 pm. 8. Any expansion or change of use shall require a new Conditional Use Permit. Page 2 Conditional Use Permit #06-09 Powell's Investments, LLC August 17, 2009 LOCATION: This property is located at 214 Waterloo Court. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 65-A-130 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Zoning District Land Use: Residential and Vacant ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) Land Use: Residential South: RA (Rural Areas) Land Use: Vacant East: RA (Rural Areas) Land Use: Residential West: RA (Rural Areas) Land Use: Residential PROPOSED USE: This application is for a Public Garage without Body Repair. REVIEW EVALUATIONS: Virginia Department of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 50 East, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. Fire and Rescue: Plan approval recommended. Inspections Department: Building permit shall comply with The Virginia Uniform Statewide Building Code and Sections 311, S Storage of the International Building Code/2003 and Special Use Section 406.6. Other Code that applies is ANSI A117.1-3 Accessible and Usable Buildings and Facilities. Proposed existing VB combustible construction building shall meet height & area per T503 for repair garage. Plans indicating floor plan of the existing building area to be utilized and egress door locations shall be submitted with building permit application. Public restroom facility shall be provided or indicate the travel distance of less than 500 feet to a restroom if the Page 3 Conditional Use Permit #06-09 Powell's Investments, LLC August 17, 2009 only employee is the owner. Office areas shall comply with ANSI Handicap A117.1-3-03. All required egress shall be handicap accessible. Handicap parking shall be provided. Signage shall comply with USBC 1106.8. If floor drain system is provided, a grease/oil separator per the International Plumbing Code is required. Air change shall comply with the International Mechanical Code 2006. Health Department: No objections if facility is on public water & sewer and no septics or wells affected. If proposed on septic system, the Health Dept. will need to know how many employees will occupy facility and how much water is being (300gpd) used. Also, if private well is to be used or septic system, the proper application & fee would be needed by this department. Planning and Zoning: This application for a Conditional Use Permit is in response to a zoning violation that staff received. The applicant was cited for operation of a public garage without an approved Conditional Use Permit (CUP). Obtaining a CUP is an available option to resolve this violation. Public garages without auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved CUP, provided that all repair work takes place entirely within an enclosed structure. This proposed use will be conducted in an existing structure approximately 2,408 square feet in size, on a .33 acre parcel. This property and the surrounding properties are currently zoned RA, with the nearest structures being more than fifty (50) feet from this proposed use. This proposed use will utilize a pump and haul permit approved by the Frederick County Administrator should the CUP be approved. No more than five (5) vehicles awaiting repair are allowed at one time and only two (2) employees will be allowed with this proposed use. There will be no vehicle sales, nor unrelated repair sales, allowed with this Conditional Use Permit. The subject property is not in an area where a small area land use study has been adopted by the County, as indicated within the 2007 Comprehensive Policy Plan. of Frederick County. Specifically, land use goals for the rural areas of the County identify the importance of maintaining a rural character in areas outside of the Urban Development Area (UDA); this proposed public garage is surrounded by RA zoned properties that have residential dwellings. Careful consideration should be taken to mitigate any negative impacts associated with this CUP to adjacent properties, and additional conditions may be warranted. STAFF CONCLUSIONS FOR THE 09/02/09 PLANNING COMMISSION MEETING: This is a request for a Public Garage without Body Repair. Should the Planning Commission find this use appropriate, Staff would suggest the following conditions be placed on the CUP: 1. All review agency comments and requirements shall be complied with at all times. Page 4 Conditional Use Permit #06-09 Powell's Investments, LLC August 17, 2009 2. The applicant will be limited to repairing only five (5) vehicles on site at anytime. 3. Vehicles awaiting repair shall be screened by an opaque fence. 4. Operation limited to only two (2) employees. 5. All repair activities shall occur entirely within the enclosed structure. 6. Any proposed business sign shall conform to Cottage Occupation sign requirements and shall not exceed four (4) square feet in size. 7. Hours of operation shall be from 7:00 am to 7:00 pm. 8. Any expansion or change of use shall require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. ■ • ■ �� ■ Powell's Investment o CUP #06-09 ■�;� PIN: 65 -A - 130 Lt 728 \�� . e i ♦i i �� ♦dO ♦♦ ♦� 0000 40 40 `No�Q�N\� \ ♦ 00 ♦♦ 0000♦ 0000'' ♦ ♦ 00 ♦'� • Q or op j ♦♦ .. 40 0000 40 ♦%� I , ♦I r /� 01 �•:, ?; � ■ � r' .''� R ■ 111 � 1601 3 to Io ■ � '� m I' —�y'ti N 0 0.125 0.25 0.5 Miles ■ ■ CURRENT� Rti� r ('asePlumei 1,kher:ul Future Rt37 Bypass Zoning AV(butuxtrlal,(;,yln Al Dimkt) . CUP0609 Poxells_investtnelns_060609 Bl (Buslum Netghborbod District) 4m 1t1H1(mome Hone Co■minith TNslrict) + « 0 tkball T*FdoPmeut.ALmm B2 (Badness, General T>tstrist) i DGS (Al-lim Suiryntt biwtico S\VSA 4Mi B3 (Bosbless, Tedwsn9ul nnnsillol Dm ict) J. K! (Resineanai 1'lamletl Clumnualiky Mind) 4W Eist (Extrurthr hhhurertutitle District) KS ( maeaual Ret a a(aral (:..anlnum()• ltlstlici) 40 to (fuel. uncannu mmic) } Ra (R01.1 alt a Disfild) Nil(butuarbu, Giebiustrict) RP(ReMilw4al Ntfoanuttee Disn" Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: P� tri 1 l ��C1G�5'�U`7'1 F.. '4'5' - C ADDRESS: A TELEPHONE j Q 97z'i- G/0114 2. Please list all owners, occupants (adult individuals as well as any entities occupying the property), or parties in the interest of the property: PA-tt 'q, /f, -5 �.� 3. The property is located at: (please give exact directions and include the route number of your road or street) jr jfJ�! �t+C1 t%yk)t11fZ£:1t,'(, a?C'C�� Wf+ -(rel G- ) 4,D Ckr?c,,r1'zACao--k em f' 4. The property has a road frontage of 75 feet and a depth of Z100 feet and consists of [�,(p acres. (Please be exact) 5. The property is owned by as j/5��„T,/ G as evidenced by deed from LEST r�_ A �c-)C- recorded (previous owner) in deed book no. on page 1 z3 Z , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification ,` (I.D. )No. (0cj f- f� `'' 13 1 Magisterial District �i✓td�y�5r CLI Current Zoning 7. Adjoining Property: USE North ``rj East South West Gl�f�S ZONING /� 4 8. TbX type of use proposed is (consult with the Planning Dept. before completing) 9. It is proposed that the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: N r �:' � PROPERTY ID# � (�. \ NAME PROPERTY ID# La� r --N \-A-1 S NAME � \ �. PROPERTY ID# ��\ NAME?— PROPERTY ID# �:\ Ps —\Y–'A NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS )Sk � . ADDRESS ADDRESS \ j'1 i, . ADDRESS <9� �: \\ ��a, Q,`X ADDRESS ADDRESS 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 214 Waterloo Court, Winchester, VA 22602 Building Sketch /r1A(.s 6� r {O x�z rcG' T wc► ,cY,d� F 6.47MJ' �1 x �d y !i �a y acp l�ti- =-a /e I ID 12. Additional comments, if any: r, _ `� � �-�✓�'�-�- . tri � '/�'-- " � �� G'✓� �JtrE� CI�7 I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address /.S� &V, %�// lef"r "J", Owners' Telephone No. 9 7c/-- 6,1,cp ' TO BE COMPLETED BY THE ZONING ADMINISTRATOR• USE CODE: RENEWAL DATE: El 0 0 COUNTY of FREDERICK Department or Planning and Development MEMORANDUM NDUM 540/665-5651 FAX: 540/665-6395 To: Frederick County Planning Commission, From: Candice E. Perkins, AICP, Senior Planner Subject: Public Hearing— Fabricated metal products (SIC 3482 and 3484) in the M1 District Date: August 18, 2009 Frederick County has received a request to add portions of Standard Industrial Classification (SIC) 34 - Fabricated metal products to the permitted uses in the MI (Light Industrial) Zoning District. The request is specifically for the inclusion of the following: SIC 348 — (Fabricated metal products, Ordnance and Accessories, Except Vehicles and Guided Missiles). This would permit the following in the M1 District: • Small Arms Ammunition (30mm — 1.18 inch or less), (SIC 3482) • Small Arms (30mm — 1.18 inch or less), (SIC 3484) This use would be regulated by the Frederick County Inspections Department and the Fire Marshal's Office. Staff has received information and confirmation from the Frederick County Fire Marshal that the fire codes regulate this use (see attached information). Please note that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) does not regulate the use of smokeless powder (smokeless propellants). The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on June 25, 2009. The DRRC had questions regarding the amount of gunpowder permitted to be stored on a site as well as the type of storage facility which would be required. The DRRC forwarded the item to the Planning Commission for consideration, subject to the additional information being provided. The Planning Commission discussed this item at their meeting on August 5, 2009. The Planning Commission discussed the amount of gunpowder permitted to be stored at a site along with impact it could have on adjacent uses, along with the possibility of an onsite firing range to test materials. Staff explained that a site could have a firing range accessory to the manufacturing use but it could not be open to the public. The Frederick County Fire Marshal then explained how the storage of materials is handled and stated it is regulated under the International Fire Code and the Building Code. The Planning Commission then forwarded the proposed amendment to the Board of Supervisors for discussion. The Board of Supervisors approved this item to be sent to public hearing at their meeting on August 12, 2009. The attached document shows the existing Ordinance with proposed additions shown in bold italics. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Proposed Ordinance Revision (§165-606.02). 2. Standard Industrial Classification (SIC) Group — 348 3. Fire Code Regulations CEP/bad 107 North Kent Street, Suite 202 s Winchester, Virginia 22601-5000 ATTACHMENT I E. M1 -Light Industrial District. The intent of this district is to provide for a variety of light manufacturing, commercial office and heavy commercial uses in well-planned industrial settings. Uses are allowed which do not create noise, smoke, dust or other hazards. Uses are allowed which do not adversely affect nearby residential or business areas. Such industrial areas shall be provided with safe and sufficient access. Standard Industrial Drugs Classification Allowed Uses (SIC) Landscape and horticultural services 078 Offices and storage facilities for building construction 15, 16 and 17 contractors, heavy construction contractors and 347 34-9 special trade contractors Manufacturing as follows: - Dairy products 202 Canned, frozen and preserved fruits, vegetables and 203 soup mixes 38 Bakery products 205 Sugar and confectionary products 206 Bottled and canned soft drinks and carbonated water 2086 Flavoring extracts and flavoring syrups 2087 Miscellaneous food preparations and products, 209 excluding the following: Canned and cured fish and seafood 2091 Fresh or frozen fish and seafood 2092 Textile mill products 22 Apparel or other finished products made from fabrics 23 and similar material Lumber and wood products, excluding the following: 24 Logging 241 Sawmills and planing mills 242 Wood preserving 2491 Furniture and fixtures 25 Paperboard containers and boxes 265 Converted paper and paperboard products, except 267 containers and boxes Printing, publishing and allied industries 27 Drugs 283 Rubber and miscellaneous plastics products 30 Concrete block and brick and related products 3271 Fabricated metal products, excluding the following: 34 Coating, engraving and allied services Ordnanc' e and aceesser-ivs 347 34-9 Ammunition, Except for Small Arms 3483 Ordinance and Accessories, not elsewhere classified 3489 Industrial and commercial machinery and computer 35 equipment Electronics and other electrical equipment and 36 components, excluding the following: Storage batteries 3691 Primary batteries 3692 Transportation equipment 37 Measuring, analyzing and controlling instruments; 38 photographic, medical and optical goods, and ed metal xceot cast: household, i hcspm in enameled: housy =_l, and hospital ne parts, porcelain raced met --I ng, plating, an - for the trade. irm these types trmed products. re classified ac - if metals and formed he trade I products and formed he trade - the trade Is and formed products, =_tals and formed prod - rade ata bumper, for the f metal parts, for the ' polishing) of -ode 'siileQ ng types of serv- rarnishing metal Irs, castings, and such items with .graving, chasing and other metal Aal services, not Aishments which -chased metals or d finish products including porcelain) of ,cts, for the trade gwelry, silverware, and to trade: except printing petals for purposes other a .chemical, for the trade if iron and steel and end lusts, for the trade metal ieling, for the trade 'f metal products, for the engraved and etched MANUFACTURING Industry Group industry No, No. 347 COAT1N , ENGRAVING, AND ALLIED SERVICES—Con- 34-79 Coating, Engraving,- and Allied Services, Nct Elsewhere Classified—Con. Painting (era chrig and varnishing)nf metal sodnets, for the trade pan gla2ing, for the trade Parkerirmg, for the trade Phosphate cnating of metal andmetal produ=ts, for the trade B.e'-, _ of cans and utensils, not done in rolling mils L 90 Rust proofing (hot dipping) of metals and formed products, for the trade Sherardizing of metals and metal prod- ucts, for the trade Varnishing of metal products, for the trade 348 ORDNANCE, AND ACCESSORIES, EXCEPT VEIICLES AND GUIDED MISSILES 3482 Slnall Arms A -m -munition Establishments primarily engaged in manufacturing almimi-LIGn for small arms having a bore of 30 mm. (or 1.18 inch) or less. Establishments primarily engaged in manufacturing ammunition, except for small arms, are classified in Industry 3483; those manufacturing blasting and detonating caps and safety fuses are classified in Industry 2892; and those manufacturing reworks are classified in Industry 2899. P.mmunition and component parts, small arms_ 30 mm. (or 118 inch) or less Bullet jackets and cores, 30 mm. (or L18 inch) or less cartridge cages for ammunition, 30 r— for L18 inch) or less Cartridges, 30 r..m_ (or 1.18 inch) or less Corea, bullet: 30 mm_ (or 1.18 inch) or less Paper sells, 30 mm- (or 1_18 inch) or les 3483 Ammunition, Except for Small Arms Pellets, ammunition: pistol and air rifle Percussion caps, for ammunition of 30 mm (or L18 inch) or Iess Shells, small arms: M mm. (or 1.18 inch) or less Sbot, BB Shot, lead Shot, pellet Shot, steel ammunition Shotgun ammunition Wads, ammunition: 30 mm_ (or 1.18 incl,) or less Establishments primarily engaged in manufacturing ammunition, not else- where classified, or in loading and assembling ammunition more than 30 mm. (or more than 1-18 inch), including component parts- this industry also in- cludes establishments primarily engaged in manufacturing bombs, mines, tor- pedoes, grenades, depth charges, chemical warfare projectiles, and their com- ponent parts- Establishments primarily engaged in manufacturing small arms ammiar-_rition are classified in Industry 3482; those manufacturing explosives are classified in Industry 2892; and those manufacturing military pyrotechnics are classified in Industry 2899. Ammunition and component parts, Detonators: mine, bomb, death charge, more than 30 mm (or more than 1.18 and chemical warfare projectile inch) Fin assemblies, mortar. more than 30 Ammaaitim loading and assembling mal (or more than 1-18 inch) plants Fin assemblies, torpedo and bomb Arming and fusing devices for missiles Fuses for ammunition more than 30 Bag Ioading plants, ammunition mm_ (or more than 1.18 inch) Bomb Ioading and assembling plants Fuses= mine, torpedo, bomb, depth BombaIuster adapters charge, and chemical warfare projec- -� Bombs and parts tile Boosters and bursters Grenades and parts Canisters, ammunition Jet propulsion projectiles, complete -_ Caps, bomb Loading and assembling bombs, powder Chemical warfare projectiles and com- bags, and shells: more than 30 am. ponents (or more than 1-18 inch) Depth cha ges and parts (ordnance) -- Mines and parts (ordnance) - - F Detonators for ammunition more than Missile warheads 30 mal (or more than 1.18 inch) i '_. Mortar shells, more than 30 mm_ (or Industry Group No. 348 STAT DARD TU -D STRIAL CLA SSMC_A_T1,O'9 Industry No. ORDN TCE A D ACCESS�t RIES, EXCEPT GAS AI�9 GSE SSI ES—Cdn_ et4o3 13-''n--kEFFtF BocTW{S (ammunition) mom than LIS ;nch) shells, artillery- more thsn 30 mm- (or Primera for ammunition, more than 30 more than LIS inch) um' (or more than 1.19 inch) 'torpedoes and parts (ordnance) projectile forgino�-, machined- for am- 'tracer izstera for ammunition mere (or more than 30 mm- (or more than 1-18 inch) munition more than 30 mm - than 118 inch) 31S4 S I1ail ts- small firearms having Establistlments primarily engaged in manufacturin5 a bore 30 mm (or 1.18 inch) or less, and parts for small firearms_ Also includ- ed in this industry are establishments primarily engaae'd in manufacturing certain weapons more than 30 mm_ which are carried and employed by the alt individual, such as grenade launchers and heavy field machine gu lishtnents primar`1Y egged manufacturing artillery and mortars having a bore more than 30 mm_ Cor more than 1.18 inch), and component parts, are classified in Industry 3485_ Mag—wines �: 30 mm. (or 1-18 inch) Barrels, gmz- 30 mm- (or 1-18 inch) or or less less'Mounts for guns, 30 mm- (or 1-18 inch) Carbines. 3o unm- (or 1.18 inch) or less or less [arta, m bine g„n and machine gun Pistols and parts, e_ccept toy an num"on pyrotechnic pistols and projectors Clips, g^„_ 30 mm- (or 1.18 inch) or 1e`" R -mit meth, nhsins for guns, 30 mm. (or Tinders and clips, gum 30 mm_ (or LIS inch) or less C L18 inrW or less Revolvers and parts F-imar ms, 30 mm_ (or 1.18 inch) or leas F -c es aod parts, 30 mm- (or 1.18 inch) Grenade la®clhers or less Gun sights, except optical: 30 mm_ (or Rifles high campreashoa pneumatic 30 LIS inch) or less mm- (or 1.18 inch) or less Guns, 30 mm_ (or 118 inch) or less Rifles BB and pellet loaded, and Guns, dart es�pt toy Rifles_ pueumatic, spring Guns BB and pellet w opresd air—_ csPt toy lank,, far ammunition n mm. (or 1.19 soortg, s and parts inch) or less _%bU achiuhe guar and parts Machine gun b --Its, metallic 30 mm (or 1_I9 inch) or les Machme guns and parts, 30 mm- (or LIS inc)) or less 3489 �rel*€al�ce $nd Accessories, Not Elsewhere Csassifled ordnance and accesso- Establishments primarily engaged in manufacturing ries, not elsewhere classified, such as naval, aircraft, antiaircraft, tank, coast, and field artillery having a bore more than 30 mm. (or more than 1.18 inch), and ccmponents_ Establishments primarily engaged in manufacturing small inch) or less are classified in Industry 3484; arms and parts 30 mm. Cor 1_18 these mlufacturing tanks are classified in Industry 3755; and those manu-fac- taring guided missiles are classified in Industry Group 376_ C t�rnllt gums P.nti mbmerme projeezors (ordnance) Depth charge release pistols and preJ�_ Lmti k rnoket launchers tors _ Artalery 3 for artillery more than Flame throwers (ordnance) par- srtiller9 -. 30 " (or more than 1Gun turrets and parts for .18 inch) Au�lFery, more Than 30 mm. (or more more than 30 mm. (or more than than 1.18 inch). aircraft+ antiaircraft, inch) and tbad Guns, more than 30 mm- (or more _- ii:3d, nnvaI, t..nk _ Barnele gun- more than 30 mo, (or LIS inch) mm= .an LIS inch) Howitzer', mom than 30 mm Bofom eons th. LIS inch) -_ Cazsan% mare than 30 mm_ (or more and caisson hon- thsn 118 ink Links .`or ammunition more 30.:T rw-ri�5, mza.: for a, ,illery more than mm. (or more than 1.15 inch) - 30 mm_ (or more than 1'_S inch) Tadcstry GrC'aD_ Iva. 3�0 349 i 1 349 39 From:LIFESAFE 06/29/2009 15:10 #999 P,0021006 2006 VIRGINIA STATEWIDE FIRE PPEVE14TION COBE - Effective May 1, 2003 BL 6 T)H R, RESTRICT D, Any person engaffing in the use of explosives or blasting agents utilizing five pounds (2.25 kg) or less per blasting operation and using instantaneous detonators. BLASTER, UNRESTRICTED. Any person engaging in the use of explosives or blasting agents without Iimit to the amount of explosives or blasting agents or type of detonator, P>`; NUESSIBLE FIREV-'OR[KS. Any sparklers, fountains. Pharaoh's serpents. caps for pistols, or pinrx!heels connrronly known as whirligigs or spinning jennies. Chance the follmving definitions in Section 3302.1 to read - FIREWORKS. Any FrraCracker, torpedo, skyrocket, or other substance or object, of t,,,hatever form or construction, that contains any explosive or inflammable compound or substance, and is intended, or commonly known, as fireworks and which explodes, rises into the air or travels laterally, or fires projectiles into the air. Fireworks shall not include automobile flares, paper caps containing not more than an average of 0.25 ;grain (16 n1g) of explosive. content per cap or toy pistols, toy canes, toy guns or other devices !itiiizing such caps and iCems commonly known n as parry poppers, pop rocks and snap -n -pops. Fireworks maybe fui-her delineated and referred was - Fireworks, 1AG. (Formerly known as Class C, Common Fireworks.) Small fireworks devices containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion. Such I AG fireworks that co710y wit/) the construction, chemical composition and labeling regulations of the DOTn for Fireworks, UN 0336, and the U.S. Consumer Product Safety Commission as set forth in CPSC 16 CFR: Parts 1500 and 1507, are not explosive n7ateiials for the purpose of this code. ;Fireworks, 3 3G. (Formerly Class B, Special fireworks.) Large fireworks devices, which are explosive materials. intended for use in fireworks displays and designed to produce audible or risible effects by combustion, deflagration or detonation. Such 1.3G fireworks include, but are not limited to, firecrackers containing more than 130 milligrams (2 grains) of explosive composition, aerial shells containing more than 40 drains of pyrotechnic cornposition, and other- display pieces that exceed the limits for classification as JAG fireworks. Such 1.3G fireworks ; are also described as Fireworks, UN0335 by the DOTn. SIMOKELESS Pl<ZOPELI.APdTS. Solid propellants, conunonly referred to as sinokeless powders or any propellant classified by DOTn as a smokeless propellant in accordance with "NA3179, Smokeless Powder for Small Axnis," used in small arms ammunition, firearms, cannons, rockets, propellant -actuated devices , and similar articles. Change Section 3305.1 to read: 3305.1 General. The manufacture, assembly and testing of explosives, ammunition, blasting agents and fire,uorks shall comply with the requirements of this section, Title 59.1 of the Code of Virginia, and NFPA 495 or NFPA 1 124. Exceptions: 1. The hand loading of small arms ammunition prepared for personal use and not offered for resale. 2. The mixingand loading of blasting agents at blasting sites in accordance with NFPA 495, 3. The use of binary explosives or plosophoric materials in blasting or pyrotechnic special effects applications in accordance with NFPA 495 or NFPA 1126. Add Section 3305.1.1 to read.- 3305.1.1 ead: 3305.1.1 Permits. Permits for the manufacture, assembly and testing of explosi,,es, ammunition, blasting agents and fireworks shall be required as set forth in Section 107.2 and regulated in accordance with this section. A permit to manufacture any explosive material in any quantity shall be prohibited unless such manufacture is authorized by a federal Iicense and conducted in accordance `with recognized safety practices. Change Section 3306.4 to read: -36- From:LIFESAFE 06/29/2009 1510 #999 P.003/006 2006 VIRGINIA STATEWIDE FIRE PREVENTION CODE — Effective May 1, 2008 3306.4 Storacre in residences. Propellants for personal use in quantities not exceedirig 50 pounds (23 kg) of black powder or 100 pounds (45 kg) of smokeless powder shall be stored in original containers in occupancies limited to Group R-3 and R-5, or 200 pounds (9I kg) of smokeless powder when stored in the manufacturer's original containers in detached Group U structures that are at least I0 feet from inhabited buildings and are accessory to Group R-3 or R-5. In other than Group R-3 or R-5. smokeless poi;,der in quantities exceeding 20 pounds (9 kg) but not exceeding 50 pounds (23 kg) shall be kept in a -wooden box or cabinet having walls of at least l inch (25 mm) nominal thickness or equivalent. Delete Sections 3306.4.1 and 3306.4.2. Change Section 3306.5.1.1 to read: 3306.5.1.1. Smokeless propellant. No more than 100 pounds (4S kg) of smokeless propellants. in containers of 8 pounds (3.6 kg) or less capacity, shall be displayed in Group M occupancies. Delete Section 3306.5.13_ Change Section 3306.5.2.1 to read: 3306.5.2.1 Smokeless propellant. Commercial stocks of smokeless propellants shall be stored as follows: 1. Quantities exceeding 20 pounds (9 kg), but not exceeding 100 pounds (45 kg) shall be stored in portable wooden boxes having walls of at least l inch (25 mm) nominal thickness or equivalent. 2. Quantities exceeding 100 pounds (45 kg), but not exceeding 800 pounds (363 kg), shall be stored in storage cabinets having ivails at least 1 inch (25 mm) nonunal thickness or equivalent_ Not more than 400 pounds (182 kg) shall be stored in any one cabinet, and cabinets shall be separated by a distance of at least 25 feet (7620 mm) or by a fire partition having a fire -resistance rating of at least 1 hour. 3. Storage of quantities exceeding 800 pounds (363 kg), but not exceeding 5,000 pounds (2270 kg) in a building shall comply with all of the following: 3, 1. The storage Faezra is inaccessible to unauthorized personnel. 3.? Smokeless propellant shall be stored in nonportab)e storage cabinets having wood walls at least l inch (25 mm) nominal thickness or equivalent and having shelves with no snore than 3 feet (914 mm) of vertical separation between shelves. 3.3. No more than 400 pounds (182 kg) is stored in any one cabinet. 3.4. Cabinets shall be located against walls with at least 40 feet (12 192 mm) between cabinets. The minimum required separation between cabinets may be reduced to 20 feet (6096 mm) provided that barricades twice the height of the cabinets are attached to the wall, midway between each cabinet. The barricades must extend a minimum of 10 feet (3048 mm) outward, be firmly attached to the wall. and be constructed of steel not less than 0.25 inch thick (6.4 mm), 2 -inch (51 mm) nominal thickness wood, brick_ or concrete block. 3.5. Smokeless propellant shall be separated from materials classified as combustible liquids, flammable liquids, flammable solids., or oxidizing materials by a distance of 25 feet (7620 mm) or by a fire partition having a lire -resistance ratin-g of I hour_ 3.6. The building shall be equipped throughout with an automatic sprinkler system installed in accordance , v ith Section 903.3.1.1, 4, Smokeless propellants not stored according to Item 1. 2, or 3 above shall be stored in a Type 2 or 4 magazine in accordance with Section 3304 and NFPA 495. -37 - From:LIFESAFE �eduards provides protection against injury to personnel or mage to prope y. Operations or activities on a site where explosive ma- tarials are used, stored or handled could be subject to additional or more restrictive requirements or condi- tions at the discretion of the local fire code official. 05.S.1 Protective clotlnitng and equipment. Protective Aing and equipment shall be pravided to protect persons ;aced in the testing, ignition or detonation of explosive terials. 7ersonnel must be dressed in proper personal protec- :ive equipment to eliminate the hazard of physical r �j u ry. IS -8.2 Site security. When tests are being conducted or )losives are being detonated, only authorized persons shall present. Areas where explosives are regularly or frequently onated or burned sball be approved and posted with ade- ite warning signs. Warning devices shall be activated before Ting or detonating explosives to alert persons approaching m any direction that they are approaching a danger zone. Dnly authorized personnel can be allowed in test area nclosures. Audible and visible warning devices must )e _used to warn nearby personnel before detonating ing any explosive material. aste disposal. Disposal of explosive materials waste n manufacturing, assembly or testing operations shall be in ordance with Section 3304.10. >ection 3304.1D addresses the issues of notification, leteriorated materials, qualified people, storage of nisfires, sites for disposal and reuse and safety for iersonnel. SECTION 3306 SMALL APIMS AliliMBdNIT&e0N ,6.1 General. Indoor storage and display of black powder, )kr-less propellants and small arms ammunition shall com- with this section and NFPA 495. his section addresses storage that is prohibited; roper packages and residential and commercial star- ge of black powder; smokeless propellants and small rms ammunition. NFPA 495 contains requirements )r these explosives. 6.2 Prohibited storage. Small arms ammunition shall not tored together with Division 1. 1, Division 1.2 or Division explosives unless the storage facility is suitable for the stor- of explosive materials. Finall arms ammunition must not be stored with explo- ives that have mass explosion, projection or fire haz- the storage facility meets the requirements of , fire code official, however, this storage is al- �w(_ Separation and explosive wave prevention are vo requirements that should be met_ INTERNATIONAL FIRE CODE® COMMENTARY 06/29/2009 1510 #999 P,004/006 --wonq EXPLOSIVES AN'D r6REt5.fORKS 3306.3 Packages. Smokeless propellants shall be stored in approved shipping containers confor-ning to DOTD 49 CFR, Part 173. Smokeless propellants must not be stored in their orig- inal factory containers. D0Tn 49 GFR, Part 173 ad- dresses precautions such as not allowing metal (nails, staples, etc.) to penetrate the interior of a container, in- terior packaging not allowing contents to shift and be- come loose and packaging being made compatible with the explosives kept in the container. 3305.3.1 Repackaging. The bulk repackaging of smokeless propellants, black powder, and small arms primers shall not be performed in retail establishments. Bulk repackaging must be performed by qualified per- sonnel. The product should be handled by trained ex- plosives personnel and in the proper location for hu- man and property safety. 3306.3.2 Damaged packages. Damaged containers shall not be repackaged. Ex:ceptinnn: Approved repackaging of damaged containers of smokeless propellant into containers of the same type and size as the original container. ; Damaged containers must not be repackaged. Smokeless propellants must not be transferred from the approved container into one that is not approved. 33016.4 ,tior-age in Group R' ocrupauncies. The storage of small arms ammunition in Group R occupancies shall comply with Sections 3306.4.I and 3306.4.2. The following sections cover storage requirements for black powder, smokeless propellants and small arms primers in private residences. 3306.4.1 Black powder and smokeless propellants. Propel- lants for personal use in quantities not exceeding 20 pounds (9 kg) of black powder or 20 pounds (9 kg) of smokeless powder shall be stored in original containers in occupancies limited to Group R-3. Smokeless powder in quantities exceeding 20 pounds (9 kg) but not exceeding 50 pounds (23 kg) kept in a wooden box or cabinet having walls of at least I inch (25 mm) nominal thickness shall be aIIowed to be stored in occupancies limited to Group R-3. Quandties exceeding these amounts shall not be stored in any Group R occupancy. Small arms smokeless propellant intended for per- sonal use in quantities not exceeding 2D pounds (9 kg) may be stored without restriction in residences; quan- tities over 25 pounds (11 kg) but not exceeding 50 pounds (23 kg) must be stored in a strong box or cabi- net constructed with 1 -inch (25 mm) wood (minimum), or equivalent, on all sides, top and bottom. Black pow- der as used in muzzle -loading firearms may be trans- ported in a private vehicle or stored without restriction in private residences in quantities not to exceed 20 pounds (9 kg). Frcm:LIFESAFE 06/2912009 15:10 #999 P.0051006 EXPLOSIVES AND r-IREWORKs 3306.4.2 Small arnIs PrLmars. No more dean 10,000 small arms primers shall be stored in occupancies limited to Group R-3. o-0 NFPA495 allows storage of no more than 10,000 prim- ers in a private residence. This recommendation is law in some communities. Even a deeply involved reloader should have no reason to store in excess of 1,000 of each large rifle, large rifle magnum, small rifle, large pistol, large pistol magnum, small pistol, small pistol magnum and shotgun primers—that's 8,000 primers. 3306.5 Display and storage- in Group 1/11 occupancies. The display and storage of small awns ammunition in Group M occupancies shall comply with this section. Ignited stored powder can raise pressure within the storage area; therefore, there are specific require- ments for keeping powder on hand. The first of these is never to transfer any propellant from its original con- tainer, which is designed to burst or partially open at very low pressures. Some container caps will simply just push off if the contents are ignited. 3306.5.1 Diisplay. Display of small arms ammunition in Group M occupancies shall comply with Sections 3306-5.1.1 through 3346.5.1.3. �q The display quantities of smokeless propellants, black powder and small arms pruners are given in the follow- ing sections. 3306-5,1,1 Smokeless propellant. No more than 20 pounds (9 kg) of smokeless propellants, each is containers of 1 pound (0.4541,g) err less capacity, shall be displayed in Group M occu- pancies. *o Displayed smokeless propellant must be limited to 1 pound (0.454 kg) of each type and cannot be accessi- ble to the public. The total quantity of smokeless pro- pellant not in an approved magazine is limited to 20 pounds (9 kg). 3306.5.1,2 Black powder. No more than I pound (0.454 kg) of black powder shall be displayed in Group M occupancies. ao Safety must be the first priority when black powder is accessible to the public. The 1 -pound (.45 kg) limita- tion holds to the objective of keeping the public from having access to enough black powder to cause seri- ous damage if mishandled. 330F Small argils pr'sners. No more than 10,000 small arms primers shall be displayed in Group M occupancies. Because of their explosive nature, only the absolute minimum should be kept on display. With care in re- placing exhausted supplies, it is not difficult to adhere to t1 -e 1 D,000 primer limit. 3306.5.2 Storage. Storage of small arms ammunition shall comply orith Sections 3306.5.2.1 through 3306.5.2.3. Generally, propellants used in sporting arms car- tridges will not explode or detonate when ignited. Burning smokeless propellants do not generate the shock wave produced by an explosive. Unlike smoke- less propellants, shock waves produced by ignition of 33-34 an explosive cannot be adequately vented, even vy ., 'a) ignition occurs in the open., 3306.5.2.2 Smokeless pt-opellaart. Commercial smokeless propellants shall be stored as follows: l . (quantities exceeding 20 pounds (9 kg), but aat eUc ing 100 pounds (45 kg) shall be stored in pot�al»Ie` W ooden boxes having walls of at least 1 inch (25 nominal thickness. r_x 2. (quantities exceeding 100 pounds (45 kg) but tta;"��C�M exceeding 800 pounds (363 kg), shall be stared } " nonportable storage cabinets having walls at Ieast 1 '� (25 rnm.) nominal thickness. Not more than 400 po �,�w- (182 kg) shall be stored in any one cabinet, and cant shall be separated by a distance of at least 25 feet tint) or by a fire partition having a fire -resistance rape r of at Icast 1 hour_ - armor s 3. Storage of quantities exceeding 800 pounds (363 kg) but not exceeding 5,000 pounds (2270 kg) in a building comply with all of the following: r Y 3.1. The warehouse or storage room is unaccesstble.r to unauthorized personnel. 3.2. Smokeless propellant shall be stored ist -� nonportable storage cabinets having wood wads 'G' at ]east 1 inch (25 mm) nominal thickness ata having shelves with no more than 3 feet (91�! znm) of separation between shelves. 33. No more than 400 pounds (182 kg) is stored rn :-D_u any one cabinet. 3,4. Cabinets shall be located against walls of.... - storage room or warehouse with at least 40 feet (12 192 mm) between cabinets. 3S. The minimum required separation between caox nets shall be 20 feet (6096 min) provided tT3 barricades twice the height of the cabinets attached to the wall, midway between each cabr net. The barricades must extend a minimum Ofl& feet (3049 mm) outward, be firmly attachedto - the wall, and be constructed of steel not less tl3aa;= 0.25 inch thick (6.4 mm), 2 -'inch (51 mm) namt nal thickness wood, brick, or concrete block 3.6. Smokeless propellant shall be separated frwm materials classified as combustible liquids flare 1 mabie liquids, flammable solids, or oxidizing ...,. __, .. materials by a distance of 25 feet (7620 min) ar by a fire partition having a fire -resistance rating; of 1 hour. 3.7. The building shall be equipped throughout with, an automatic sprinkler system installed in acCOT-; dance with Section 903.3.1.1, 4. smokeless propellants not stored according to Item 1, 2, or 3 above shall be stored in a Type 2 or 4 magazine in accordance with Section 3304 and NFPA 495. Storage cabinets are often made of 1 -inch -thick (25 mm) wood with one or more walls designed to open outward or blow free at very low pressures. They_ 2006 iNTERNATIOMAL FIRE CODEC011kPJ;ENT'�R f=rom:LIFESAFF _old be many times larger than necessary to stare ;jinimum quantities of powder. Propellants must e stored in the same area with eoivenis, r-famma- pses, primers or highly combustible materials. Bing should never be allowed in the storage areas 'tile handling or using powder. ,,.2 31ack pGwder. Commercial stocks of black powder sties less than 50 pounds (23 kg) shall be allowed to be Type 2 or 4 indoor or outdoor magazines. Quantities fan 50 pounds (23 I,.o) shall be stored in outdoor Type 2 azines. When black powder and smokeless propellants d zaaether in the same magazine, the total quantity exceed that permitted for black powder. powder must be stored in a magazine no matter jantity. The guideline quantity of 50 pounds (23 the dividing line between storage in an indoor or or magazine. The code does allow storage of .less propellants along with black powder as s the total quantity given in this section for black =_r is not exceeded. The maximum quantity is to limit the explosive potential in considering life and property damage. 3 Small arras primers. Camrr..ercial stocks of small tiers shall be stored as follows: tLities not to exceed 750,000 small arms primers .d in a building shall be arranged such that not more 100,000 small arms primers are stored in any on-- and neand piles are at least 15 feet (4572 rim) apart. !andties exceeding 750,000 small arms primers stored a building shall comply with all of the following: 2.1. The warehouse or storage building shall not be accessible to unauthorized personnel. 2.2. Small arms primers shall be stored in cabinets. No more than 200,000 small acres primers shall be stored in any one cabinet. 2.3. Shelves in cabinets shall have vertical separation of at Ieast 2 feet (610 rum). 2.4. Cabinets shall be located against walls of the warehouse or storage room with at least 40 feet (12 192 mm) between cabinets. The minimum required separation between cabinets shall be allowed to be reduced to 20 feet (6096 mm) pro- vided that barricades twice the heicht of the cabi- nets are attached to the waII, midway between each cabinet. The barricades shall be firmly attached to the wall and shall be constructed of steel not less than 1/4 inch thick (6.4 mm), 2 -inch (51 mm) nominal thickness wood, brick or con- crete block. 5. Small naris pruners shall be separated from _ materials classified as combustible liquids, flam- mable liquids, flammable solids or oxidizing r materials by a distance of 25 feet (7620 trim) by a 3INTERNATIONAL FIRE CODE® COMMENTARY 06/29/2009 15.11 #999 P.006/006 fire partition having a fire -resistance rating of 1 holo. 26. The building shall be protected throuahcut with an automatic sprinkler system installed in accor- dance with Section 903.3. 1 ,1 _ 3. Small arms primers not stored in accordance with Item 1 or 2 of this section shall be stored in a magazine meeting the requirements of Section 3304 and NFPA 495. Primers must be stored in a remote area away from any possible source of ignition, including jail t impact. Primers are by nature explosive. As a result, they may explode if subjected to friction, percussion, crushing or excessive teat from any cause, whetheropen flame or nct. Static electricity and many other abuses can cause primers to explode; therefore, public access to storage containers must nos be allowed, Primers must be stored away from oxidizing agents and flar,imable liquids and solids. Naturally, smoking should be prohibited around primers. The storage cab- inet is strongly recommended- The cabinet should be constructed of 1 -inch -thick (25 min) lumber to delay the transfer of .heat to contents in the event of a fire or other mishap, 4ECTIO?� 3307 3397.1 General. Blasting operations shall be conducted only by approved, competent operators familiar with the required safety precautions and the hazards involved and in accordance with the provisions of NFPA 495. Personnel using explosives must be at least 21 years old and possess all required federal (see 1B USC, Chapter 40), state and local approvals or permits. Em- ployees under 21 years old but at least 18 years old may serve as apprentices or assistants under direct supervision of a permittee. In addition to these require- ments, individuals who handle explosives must not-. 1. Be under the influence of alcohol or drugs, - 2. Smoke OF carry matches or firearms; or 3. Use or carry an open flame or open flame -pro- ducing device. Many states require individuals who handle explo- sives to obtain a certificate of fitness, which is dubbed a "Master's permit," before being authorized to handle or use explosives. The individual must be bonded or show acceptable proof of insurance, pass a written examination demonstrating an adequate understand- ing of the applicable codes and ordinances and dem- onstrate adequate experience (usually a minimum of three years) in handling explosives safely in an ap- proved apprenticeship program to obtain a fitness certificate, 33-35 N V i RIAL CLASS �+��e�•+o« QUANTITY IS EXCEEDED aono pounds (cubic feet) Liquid yalions (pounds) Uas cubic fee[ TP Solid pounds (cubic feet) Liquid gallons (pounds} uas cubic feet at NTP aouo pounds (cubic feet) uIqulu gallons (pour Not 120`' i Not Not Combustible ' II 11IA H-2 or H-3 H-2 or H-3 Not � a, 1=0 330" e Not K liquid', q IIIB Not Applicable Applicable 13,200e' Applicable Applicable 330 13,200' Applicable Applicable —_-- r_ 3,300 F Combustible fiber Loose II3 (100) Not Not (too) Not Not (20) Not Baled° (1,000) Applicable Applicable (1,000) Applicable Applicable (200) Applicable Cryogenic Flanmiable Not Applicable 1-1-2 Applicable Applicable 45d Not Applicable Not Applicable 45 d Not Not 10d Applicable Applicable Consumer fireworks (Class C Common) 14G H-3 125d, �, I Not Not Not Not Not Not Not Applicable Applicable Applicable Applicable Applicable Applicable Applicable Cryogenic Oxidizing Not Applicable H-3 Applicable15' Applicable Not Applicable Not Applicable 45 d Not Not 10' Applicable Applicable 0.25= (0.25)= 0.259 (0.25)9 Division 1.1 1-1-1 1�, °e. (1) � 0.259 (o.2s>9 0.25= (0.25)-- Division 1.2 Division 1.3 H-1 11-1 11-2 le 9 9 (5)e 9 119 € (I)' 1 x ( • or 5e (50)e ^ 5U (0)r Not Not Explosives Division 1.4 H-3 5U`, � Not Nut Not Not IVut A lic able Applicable A � yhuablc- ' f 1 Division I AG 1-1-3 125d• e, I Applicable Applicable Applicable Applicable Applicable Not Not Division 1.5 H-1 11,9 (1)1.9 0.259 (0.25)= Applicable Applicable Division 1.6 1-I-1 1d,�,9 Not Not Not 0.259 (0.25) -- Applicable Applicable Applicable Not Not Applicable Applicable Flammable gas Gaseous Liquefied H-2 Not Not Applicable pl 1,000d,e Not Not Not Applicable 1,0004 Not Not Applicable pP 30d' e Applicable PP ApplicableApplicable„Applicable 30d� ` Not Applicable Flammable liquids` IA H-2 or Not 30',e Not Not 30' Not Not l0' IB and IC I-1-3 Applicable 1204, e Applicable Applicable 1201' Applicable Applicable 30' Combination H-2 Flammable liquid IA, IB, IC ( ) Not Applicable or H-3 Not Applicable 120 d e i Applicable 1 A liable pp � 1204, n Not Applicable Not Applicable 304, f Flammable solid Not H-3 125` e Not Not 125d Not Not 254 NotApplicable Applicable Applicable Applicable Applicable Applicable UD H 1 le ti (1)11 9 0.259 (0.25)9 0.259 (0.25)9 I H-2 5d,Q (5)d•� ld (1)' ld 1 d () Organic peroxide H H-3 SOd' e (50)d, e Not 504 (50)d Not lod (10)d TII H-3 1?Sd° (125)', Applicable 125' (125)d Applicable 25d (25)4 IV Not Applicable Not Limited Not Limited Not Limited Not Limited Not Limited Not Limited V Not Applicable Nvt Limited Not Lin>ited Not Lin>ited Not Limited Nor Lituited Not Limited (coiathuied) G� C� -- ----- C D m p m o -_ - _ p O I II A W co --- —_-- r_ lv N CD 0 0 rn z --I M M Z D O Z D r M M 0 O 0 M a 0 0 M Z n 6 TABLE 2703.1.1(1)—(continued) MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA OF HAZARDOUS MATERIALS POSING o.. r cutnc; loot = 0.02832 ra , I pound = U.454 kg, 1 gallon = 3.785 L. a. For use of control areas, see Section 2703.8.3. b. The aggregate quantity in use and storage shall riot exceed the quantity listed for storage. c. The quantities of alcoholic beverages in retail and wholesale sales occupancies shall notbe limited providing the Liquids are packaged in individual containers not exceeding 1.3 gallons- fit retail and wholesale sales occupancies, the quantities of medicines, foodstuffs, consumer orindustrial products, andcosmetics containing not more than 50 percent by volume of water -miscible liquids with the remainder of the solutions not being flammable shall not be limited, provided that such materials are packaged in individual containers not exceeding 1.3 gallons. d. Maximum allowable quantities shall be increased 100 percent in buildings equipped throughout with an approved automatic sprinkler r:renu In duwrdance wrih Sccuun 903-3.1. i \Bete Note e also applies, the increase for both notes shall be applied accumulatively e. Maximum allowable quantities shall be increased 100 percent when stored in approved storage cabinets, day boxes, gas cabinets, exhausted enclosures or eafe.ty cane Where Noted also applies, the increase for both notes shall be applied accumulatively, f. Quantities shall not be limited in a building equipped throughout with an approved at sprinkler system in accordance with Section 903.3.1.1. g. Allowed only in buildings equipped throughout with an approved automatic sprinkler system. h. Containing not more than the maximum allowable quantity per controll area of Class IA, Class 113 or Class IC flammable liquids. i. Inside a building, the maximum capacity of a combustible liquid storage system that is connected to a fuel -oil piping system shall he 660 gallons provided such system complies with this code. j. Quantities in parenthesis indicate quantity units in parenthesis at the head of each column. k. A maximum quantity of 200 pounds of solid or 20 gallons of liquid CIass 3 oxidizers is allowed when such materials are necessary for maintenance purposes, operation or sanitation of equipment ,,hen the storage containers and the manner of storage are approved. 1. Net weight of pyrotechnic composition of the fireworks. Where the net weight of the pyrotechnic composition of the Fireworks is not known, 25 percent of the gross weight of the fireworks includiugpackaging shall be used. m. For gallons of liquids, divide the amount in pounds by 10 in accordance with Section 2703.1.2. n. For storage and display quantities in Group M and storage quantities in Group S occupancies complying with Section 2703.11, see Table 2703.11.1. o. Densely -packed baled cotton that complies with the packing requirements of ISO 8115 shall not be included in this material class. p. The following shall not be included in determining the MAQ: 1. Liquid or gaseous fuel in fuel tanks on vehicles. 2. Liquid or gaseous fuel in fuel tanks on motorized equipment operated in accordance with this code. 3. Gaseous fuels in piping systems and fixed appliances regulated by the b:re—arlonal Fuel. Gar Code. 4_ Liquid fuels in Piping systems and fixed appliances, regulated by the hiteivrati.onal lvlecharxical Code. A PHYSICAL hH�r-trtu-".." ,,� GROUP WHEN THE STORAGEb USE -CLOSED SYSTEMSb USE -OPEN SYSTEMSb MAXIMUM MATERIAL CLASS ALLOWABLE QUANTITY IS Solid pounds Liquid gallons Gas cubic feet Solid pounds Liquid gallons Gas cubic feet Solid pounds Liquid gallons EXCEEDED (cubic feet) (pounds) at NTP (cubic feet) (pounds) at NTP (cubic feet) (pounds) 4 1-1-1 I9 (1)e,a 0.259 (0.25)9 0.25= (0.25)d Oxidizer 3k F - I-2 or H3 10`'• e (10) u' Not 2" (2)" Not 2d (2)d 2 H-3 250d,, (250)',' Applicable 250" (250)" Applicable 50d (50)d 1 Not Applicable 4,000e,f (4,000)e•f 4,000E (4,000)f I 1000 (1,000)f Oxidizing gas Gaseous Liquefied H-3 Not Applicable Not Applicable 1,500d, e Not Not Applicable Not Applicable 1,500`1€ Not Not Not 15 d e Applicable 15", e Applicable Applicable Applicable pyrophoric Not Applicable H-2 4e, a (4)e, g 50e, s j j€ O 10 e 0 0 4 H-1 le,g (1)e IOe g 0.259 (0.25)- 2e,9 0.259 (0.25)9 Unstable(reactive) 3 H-1 or H-2 5d,e (5)d•e 50d•e 1 (j)d IOd,e Id (1)" 2 H-3 50d, e (50)d, e 250, e 50" (50)" 250',' I Od (10)d 1 Not Applicable Not Limited Not Limited Not Limited Not Limited Not Limited Not Limited Not Limited Limited 3 H-2 5d'e (5)d, e 5d (5)" jd _Not (j)" Water reactive 2 11-3 50d, e (50)"• e Not Applicable 50d (50)d Not d ()d 1 Not Applicable Not Limited Not Limited Not Limited Not Limited Applicable Not Lin -riled Not Limited o.. r cutnc; loot = 0.02832 ra , I pound = U.454 kg, 1 gallon = 3.785 L. a. For use of control areas, see Section 2703.8.3. b. The aggregate quantity in use and storage shall riot exceed the quantity listed for storage. c. The quantities of alcoholic beverages in retail and wholesale sales occupancies shall notbe limited providing the Liquids are packaged in individual containers not exceeding 1.3 gallons- fit retail and wholesale sales occupancies, the quantities of medicines, foodstuffs, consumer orindustrial products, andcosmetics containing not more than 50 percent by volume of water -miscible liquids with the remainder of the solutions not being flammable shall not be limited, provided that such materials are packaged in individual containers not exceeding 1.3 gallons. d. Maximum allowable quantities shall be increased 100 percent in buildings equipped throughout with an approved automatic sprinkler r:renu In duwrdance wrih Sccuun 903-3.1. i \Bete Note e also applies, the increase for both notes shall be applied accumulatively e. Maximum allowable quantities shall be increased 100 percent when stored in approved storage cabinets, day boxes, gas cabinets, exhausted enclosures or eafe.ty cane Where Noted also applies, the increase for both notes shall be applied accumulatively, f. Quantities shall not be limited in a building equipped throughout with an approved at sprinkler system in accordance with Section 903.3.1.1. g. Allowed only in buildings equipped throughout with an approved automatic sprinkler system. h. Containing not more than the maximum allowable quantity per controll area of Class IA, Class 113 or Class IC flammable liquids. i. Inside a building, the maximum capacity of a combustible liquid storage system that is connected to a fuel -oil piping system shall he 660 gallons provided such system complies with this code. j. Quantities in parenthesis indicate quantity units in parenthesis at the head of each column. k. A maximum quantity of 200 pounds of solid or 20 gallons of liquid CIass 3 oxidizers is allowed when such materials are necessary for maintenance purposes, operation or sanitation of equipment ,,hen the storage containers and the manner of storage are approved. 1. Net weight of pyrotechnic composition of the fireworks. Where the net weight of the pyrotechnic composition of the Fireworks is not known, 25 percent of the gross weight of the fireworks includiugpackaging shall be used. m. For gallons of liquids, divide the amount in pounds by 10 in accordance with Section 2703.1.2. n. For storage and display quantities in Group M and storage quantities in Group S occupancies complying with Section 2703.11, see Table 2703.11.1. o. Densely -packed baled cotton that complies with the packing requirements of ISO 8115 shall not be included in this material class. p. The following shall not be included in determining the MAQ: 1. Liquid or gaseous fuel in fuel tanks on vehicles. 2. Liquid or gaseous fuel in fuel tanks on motorized equipment operated in accordance with this code. 3. Gaseous fuels in piping systems and fixed appliances regulated by the b:re—arlonal Fuel. Gar Code. 4_ Liquid fuels in Piping systems and fixed appliances, regulated by the hiteivrati.onal lvlecharxical Code. Fir91H 03.119! 80T?' i O1�IICfJ3't1V; . TAM Shd i 1 U1 Fi38MUJ 20AAY DIV' ,I rli�tici3fl , liJiVlA7 HAZARDOUS MATERIALS—GENERAL PROVISIONS 2793.8 Coi>struction requirements. Buildings, control areas, enclosures and cabinets for hazardous materials shall be; in accordance with Sections 2703.8.1 through 2703.8.6.2. d:> Both the code and the IBC have requirements for con- struction of hazardous use areas. Each of these codes must be consulted for the specific and general require- ments based on the chemicals being protected. 2793.8.1 Buildings. Buildings, or portions thereof, in which hazardous materials are stored, handled or used shall be con- structed in accordance with the internotional Building Code. Buildings must meet the construction requirements of the IBC. Note that Section 414 of the IBC is a good starting point for this review. 2793.8.2 Required detaci<ned buildings. Group H occupan- cies containing quantities of hazardous materials in excess of those set forth in Table 2703.8.2 shall be in detached buildings. The definition of a "Detached storage building" is found in Section 2702 and in Section 307.2 in the IBC. As defined, a detached storage building is a separate, single -story building, without a basement or crawl space that is used for the storage of hazardous materi- als and located an approved distance from all other structures. The manufacture and storage of hazardous mater als are frequently integrated into a single building, Additionally, it is not unusual for certain manufacturirZ buildings to contain multiple Group H uses wherethi threshold quantities are exceeded. Limiting the use; of identified hazardous materials to separate building; containing only Group H uses maintains the intent a the code, which is to isolate large quantities of cegail physical hazardous materials from uses other thal those in Group H. TATtR,TF+, 2703.9.2. ,See below. -.'-Table 2703.8.2 gives the MAQs of materials that cat be stored in Group H occupancies without detaches storage. 2793.€1.3 Cuntrell areas. Control areas shall comply with Sec tions 2703.8.3.1 through 2703.8.3.5. -This section introduces the following five section which govern the number and construction of contrc areas and the quantity limitations of hazardous mater als within them. Control areas are a design option the allows a building to be built without having to classify or the use area as hazardous. A control area may b an entire building or any portion of a building. Where building is not compartmented as required by the cod TABLE 2703.8.2 PEOUIRED DETACHED STORAGE nFYAcwEo STORAGE IS REQUIRED WHEN THE QUANTITY OF MATERIAL EXCEEDS THAT U 3TED HEREIN Material Class Solids and liquids (tons)'' b Gases (cubic feet)', b Division 1.1 Maximum Allowable Quantity Division 1.2 Maximum Allowable Quantity Qu:InLic, Explosives Division 1.4 Maximum Allowable Quantity Not Applicable Division 1.4` 1 Division 1.5 Maximum Allowable Quantity Division 1.6 Maximum Allowable Quantity Oxidizers Class 4 Maximum Allowable Quantity Maximum Allowable Quantity Unstable (reactives) detonable Class 3 or 4 Maximum Allowable Quantity Maximum Allowable Qua,ltity Oxidizer, liquids and solids Class 3 Class 2 1,200 2,000 Not Applicable Detonable Maximum Allowable Quantity Class I Maximum Allowable Quantity Orninic eroxides a p Class H 25 Not Applicable Class III 50 Class 3 1 2,000 Unstable (reactives) nondetonable Class 2 25 10,000 Water reactives Class Class 3 5 Not Applicable Pyrophoric gases Not Applicable Not Applicable 2,000 Por SI: 1 pound = 0.454 kg, 1 cubic foot= 0.02832m', 1 ton - 2000 lbs. = 907.2 kg. a. For materials which are detonable, the distance to other buildings or lot lines shat be as specified in the 172ternationol Ruilding Code. For materials classified explosives, the required separation distances shall he as specified in Chapter 33. b. "Maximum Al'owable Quantity" means the maximum allowable quantity per control area set forth in Table 2703.I.1(1)_ c. Limited to Division 1.4 rnatetials and articles, including articles packaged for shipment, that are not regulated as an explosive under Bureau of Alcohol, Tohac and Firearms regulations, or unpacka.-ed articLes used in process operations that do not propagate a detonation or deflagration between articles, providing the explosive weight of individual articles does not exceed 1 pound. 2006 INTERNATIONAL FIRE CODE® COMMENTAI HAZARDOUS MATERIALS—GENERAL PROV!SVONS nonsprinklered building could contain up to 30 gallons (114 L) of Class 1A flammable liquids [see Table 2703.1.1(1)], 125 pounds (57 kg) of Class III organic peroxides [see Table 2703.1.1(1)], 250 pounds (114 kg) of Class 2 oxidizers [see Table 2703.1.1(1)] and 500 gallons (1892 L) of corrosive liquids [see Table 2703.1.1(2)]. These quantities could be contained in each of four different control areas (each chemical in a different control area) if they are separated from each by a minimum 1 -hour fire -resistance -rated wall as- sembly. The amount of hazardous materials per control area and the number of control areas per floor are reduced if hazardous materials are stored or used above the first floor because there is a relatively greater difficulty in gainingaccessfor fire fighting or other emergency response purposes and a relatively greater potential hazard to building occupants who must egress that area. The use of control areas on upper floors can be advantageous for multistory research and labora- tory -type facilities that often have a functional need to use limited amounts of hazardous materials through- out various portions of the building. Without control ar- eas, the MAQ for a hazardous material would be lim- ited to an entire building area regardless of the overall size or height of the building. For example, if control ar- eas are not used, a 50,000 -square -foot (4645 m2) mul- tistory building would be limited to the same MAQ of hazardous materials as a single -story building of 5,000 square feet (465 m2). 2703.€1.4 Cas rooms. Where a gas room is provided to comply with the provisions of Chapter 37, the gas room shall be in accordance with Sections 2703.8.4.1 and 2703.8.4.2. 6S When gas rooms are provided as required by Chapter 37 they must meet the requirements stated in the sub- sections that follow. 2703.5.4.1 Construction. Gas rooms shall be protected with an automatic sprinkler system. Gas rooms shall be separated from the remainder of the building in accordance with the requirements of the IlIte777atiO77al Building Code based occupancy group into which it has been classified. on Ile Construction shall be based on the occupancy se tion roomewouldments of typically The a Grou 302.33 I Ht4 Igo. A gas p occupant therefore, the separation requirements would he from ,business, opbin institutional, occupancy to age etc.). occupancy fl.e. 2703.€.4.2 Ventilation system. The ventilation system for a rooms shall be designed to operate at a negative pressure as relation to the sunounding area. Highly toxic and for gases shall also comply with Section 3704.2.2.6. The ventilatio tem n s shall be installed in accordance with the Ir�,te7.12 ys- Mechanicol Code. ationAl -.'-The area must be designed to operate at a Negative pressure to maintain the atmosphere inside the morn in the event of a leak. Section 3704.2.2.6 also has Open cific ventilation requirements for highly toxic and toxic gases. Ventilation systems must comply with the IMC. 2703 .8.5 Exhaustedenclosures. Where an exhausted enclo- sure is used to increase maximum allowable quantity per con- trol area or when the location of hazardous materials in exhausted enclosures is provided to comply with the provisions of Chapter 37, the exhausted enclosure shall be in accordance with Sections 2703.8.5.1 through 2703.8.5.3. When exhausted enclosures are provided as required by Chapter 37, they must meet the requirements of the following sections. 2703.8.5.1 Construction. Exhausted enclosures shall be of noncombustible construction. See Section 703.4 of the IBC for the definition of "Noncombustible construction." 2793.5.5.2 Ventilation. The ventilation system for exhausted enclosures shall be designed to operate at a neaative pressure in relation to the surrounding area. Ventilation systems used for highly toxic and toxic Gases shall also comply with Items 1, 2 and 3 of Section 3704.1.2. The ventilation system shall be TABLE 2703.8.3.2 DESIGN AND NUMBER OF CONTROL AREAS FLOOR LEVEL PERCENTAGE OF THE MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREAa NUMBER OF CONTROL FIRE -RESISTANCE RATING FOR AREAS PER FLOOR FIRE BARRIERS IN HplJRSe Higher than 9 5 1 2 7-9 5 2 2 6 12.5 2 2 Above grade plane 5 12.5 2 2 4 12.5 2 2 50 2 1 2 75 3 1 1 100 4 1 ' 1 75 3 I Below grade plane 2 50 2 I Lower than 2 Not AIlowed Not Allowed Not Allowed a. Percentages shall be of the maximum allowable quantity per control area shown in Tables 2703.1.1(]) and 2703.1.1(2), with all increases allowed in the footnotes to those tables. b. Fire barriers shall include walls and floors as necessary to provide separation from other portions of the building. 97-n9 9nnR INTFRNAT1nNAI FIC2F rtr)nP(D rnVRAFNTARY COUNTY of FREDERICK Department of Planning and Deve opmeat 540/665-5651MEMORANDUM EORAND FAX: 540/665-6395 To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner c Subiect: Public Hearing — Revised Secondary Use Standards Date: August 18, 2009 In December 2008, revisions were approved to §165-201.05 which address Secondary or Accessory Use requirements in the Zoning Ordinance. This revision prohibited accessory retail in the M1 and M2 Zoning Districts. On April 8, 2009 the Board of Supervisors directed staff to take the revised accessory use standards back to the DRRC for further review. Specifically, the Board wanted to see accessory retailing added back into the industrial districts. Therefore, staff has prepared a revision to §165-201.05 to allow for accessory retailing in the OM, MI and M2 Districts with the same conditions placed on the B3 District. Accessory retailing would be restricted to no more than 15 percent of the gross floor area and shall not exceed 2,000 square feet. The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on April 23, 2009. The DRRC endorsed the changes and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed the changes at their meeting on June 17, 2009. The Planning Commission agreed with the proposed amendment and recommended that the changes be forwarded to the Board of Supervisors for discussion. The proposed ordinance was discussed at the July 27, 2009 Joint Work Session with the Board of Supervisors and the Planning Commission. There were no comments on the proposed ordinance revision. The Board of Supervisors then approved this item to be sent to public hearing at their meeting on August 12, 2009. The attached document shows the existing Ordinance with proposed additions shown in bold italics and deletions shown in strikethrough. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold italics and deletions are shown with a strikethrough. CEP/bad 107 North Dent Street, Suite 202 . Winchester, Virginia 22601-5000 Revised Secondary Use Standards - ATTACHMENT § 165-201.05. Secondary or Accessory uses. glen permitted secondary or accessory uses that are normally or typically found in association with the allowed primary use shall be allowed on the same parcel or lot as the primary use. Secondary uses shall meet the requirements of this section as well as any particular standard unposed on such use. A. Agricultural accessory uses. The selling or processing of agricultural products produced on the premises shall be considered to be accessory to an agricultural use. On bona fide, operating farms, temporary or permanent housing for workers actively working on the farm shall be an allowed accessory use. B. Accessory dwellings. One accessory dwelling shall be allowed with any single-family dwelling as long as the following conditions are met: (1) The floor area of the accessory dwelling shall be no more than 25% of the gross floor area of the primary residential structure on the lot. (2) In the RP Residential Performance, MH1 Mobile Home Community and R4 Residential Planned Community Districts, accessory dwellings shall only be allowed if they are attached to the primary residential structure. (3) In no case shall a mobile home be allowed as an accessory dwelling in the RP Residential Performance District, R4 Residential Planned Community District and R5 Residential Recreational Community District. C. Dwellings in a business. One accessory dwelling shall be allowed with any business or industrial use only so long as it is occupied by the owner of the business or industry, an employee or a watch—man. D. Child day-care services. Child day-care services and facilities shall be allowed in the Ml Light Industrial District as an accessory or secondary use to any allowed use or group of allowed uses in an industrial park. E. In no case shall a mobile home or temporary trailer be allowed as an accessory use, unless it is used for temporary or permanent housing on a bona fide, operating farm. F. Secondary or accessory uses shall be permitted by right in the BI, B2, and B3, OM, MX and M2 District, but only in conjunction with and secondary to a permitted principle use. The square footage or area occupied by secondary uses cumulatively shall not exceed twenty-five (25) percent of the gross floor area of the related principal use. In the B3, OM, MI and M2 Districts no more than fifteen (15) percent of the gross floor area of the principal use may be used for accessory retail sales and in no case shall the accessory retailing component exceed 2,000 square feet_ The square footage devoted to accessory retail sales shall be included in calculating the 25 percent limit on secondary uses. WHOM. m - ' - • . • _ GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101- General Provisions § 165-101.02. Definitions and word usage. ACCESSORY OR SECONDARY USE - A use of land or of a building or portion thereof customarily associated with and incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use. A secondary use shall be a use not already permitted by -right in a zoning district but may be permitted in conjunction with a permitted use. COUNTY of FREDERICK Department of Planning and Development MEMORANDUM To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner tl� Subject: Public Hearing — Off-street parking; parking lots (§165-202.01) Date: August 18, 2009 540/665-5651 FAX: 540/665-6395 ■ Over the past year, staff has been informed of the desire to revise the parking standards currently contained in the Zoning Ordinance. Specifically, it has been expressed that the current code requires excessive parking, lacks ability for parking adjustments, doesn't include provisions for low impact development, and requires excessive curb and gutter. As a result of these concerns, staff has been working on a complete revision of § 165-202.01 of the County Code for off-street parking and parking lot requirements. The major proposed revisions include the following: • Required Off -Street Parking Spaces — This portion has been revised to place the standards in a table, as well as revisions to decrease some of the parking requirements and add new types of uses. • Changes in Use — This is a proposed new section that pertains to changes in use or building/use expansions. • Procedure for Adjustments to Parking Requirements — This is a proposed expansion of a section of the ordinance proposed for elimination (§165-20,2-01(2)). This section would allow the Zoning Administrator to reduce required parking spaces provided that the applicant demonstrates that the reduction is warranted. The draft changes would also require the property owner to enter into a covenant that would. allow the Planning Commission to require more spaces if the Zoning Administrator determines that the site requires additional spaces. • Parking for Mixed Uses and Loading Facilities. This is a proposed addition that would allow mixed uses to share parking spaces and would allow the Zoning Administrator to reduce spaces if it is determined that the peak parking requirement of the occupants occurs at different times (either daily or seasonally), and the parking demand can be provided on the premises. • Captive Market. This is a proposed new section that would allow retail and restaurant parking spaces to be reduced when it can be determined that some of the patronage can walk from other uses (within 400 feet). • Spaces Behind Buildings. This is a proposed new section that would place a percentage cap on the spaces permitted to be located at the rear of a structure. • Parking Limit for Certain Commercial Vehicles — This is a proposed revision to clarify what types of commercial vehicles cannot be parked within a residential district (does not apply to the RA District). • Parking Lots — Surface Material — Proposed addition to allow surface material such as reinforced grass systems, permeable paving systems, or other suitable materials for 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 Parking and Parking Lots Page 2 August 18, 2009 overflow parking areas, low volume access ways in all Zoning Districts and for agricultural uses in the RA (Rural Areas) District. Additionally, it would also allow parking lots in the RA with ten or fewer spaces to utilize gravel. Parking Lots — Curb, Gutter, and Islands - Proposed addition to allow sites in the B3, OM, M1, and the M2 Districts to use header curb in areas where the use of gutters is not necessary for stormwater management purposes. Also, it allows the Zoning Administrator to eliminate curb and gutter and modify landscaped islands for parcels located inside of the Sewer and Service Area when necessary to implement low impact development design. 0 Low Impact Design - Proposed addition to encourage low impact development and an allowance for certain techniques to be counted towards greenspace requirements. • Setbacks — Proposed revision to add loading spaces and travel ways (currently interpreted this way) to the setback section. This change also proposes a ten foot setback from all road right-of-ways for all districts, excluding MI/1\42. In the MI/M2, the setback is proposed to remain 25 feet from collector/arterial streets, but reduced to ten feet from minor/local sweets. • Parking Space Size and Aisle requirements - Proposed revision and a consolidation of two sections. There are currently separate parking space and aisle sections in the ordinance. This revision would combine the two into one section and tables. This revision also adds parallel parking space requirements. • Definitions - Addition of a definition for commercial vehicles and construction equipment. The item was discussed by the Development Review and Regulations Committee (DRRC) on multiple occasions due to the number of proposed changes to the ordinance. The DRRC discussed the first set of changes at their meeting on February 26, 2009. The Committee requested modifications to some of the sections and the changes were made and emailed to the Committee in March. The second set of changes was discussed by the DRRC at their April 23, 2009 meeting. The Committee requested a few modifications that were made and emailed to the group for endorsement. Ultimately, the DRRC endorsed the changes and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their meeting on June 17, 2009; minor changes were requested at the meeting. The proposed ordinance was discussed at the July 27, 2009 Joint Work Session with the Board of Supervisors and the Planning Commission. During the discussion, comments regarding the parking calculation for mining, mixed uses, and parking of display vehicles were received. The proposed ordinance has been revised to address those comments. The Board of Supervisors then approved this item to be sent to public hearing at their meeting on August 12, 2009. The attached document shows the existing Ordinance with proposed additions shown in bold italics and deletions shown in strikethrough. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold italics and deletions are shown with a strikethrough. CEP/bad DRAFT OFF-STREET PARKING; PARKING LOTS REVISIONS 120,09 Article II SUPPLEMENTARY USE REGULA'T'IONS, PARKING, BUFFERS, AND REGULA'T'IONS FOR SPECIFIC USES Part 202 - Off -Street Parking, Loading and Access § 165-202.01. Off-street parking; parking lots. Off-street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights-of- way does not interfere with traffic. A. Required parking spaces. 1 j For certain residential uses, parking requirements are contained in the zoning district regulations. In all other cases, parking spaces shall be provided with each allowed use, on the lot containing the use, according to the following schedule table: REQUIRED OFF-STREET PARKING SPACES USE REQUIRED PARKING Single-family dwellings and mobile homes 2 Churches i for each 3 seats Schools, Elementary orMiddle/Intermediate 1 f F each ^ seats No fewer than one (1) space per faculty and staff member and other full-time employee, plus a minimum of four (4) spaces for visitors Schools, Hirh School No fewer than one (1) space per faculty and staff member and other full-time employees; minimum of four (4) spaces for visitors; one (1) for each 10 students over driving age; one (1) for each 4 seats or stadiums and/or auditoriums Colle,-es and Universities No fewer than one (1) space per faculty and staff member and other full-time employee, plus one (1) for every 10 students for maximum capacity at any one time. Day care 1 per 5 children plus 1 per employee Nursing homes, personal care, adult care residences I per 4 beds, plus 1 per employee on and assisted living care facilities primary shift Hospitals 1.8 per bed Libraries, museums or galleries I per 400 square feet of floor area; 10 minimum Fraternal lodges, civic clubs 1 per 250 square feet of floor area, assembly area or recreation area Rooming houses, boardinghouses, -and tourist 4 perreern homes, and bed and breakfasts 2 per sin le amil dwelling plus one per guest room 1 DRAFT OFF-STREET PARKING; PARKING LOTS REVISIONS j o oeg, Motels, hotels and lodges 1 per room, plus appropriate spaces for restaurants and meeting rooms Assembly halls and meeting rooms 1 per 3 seats Funeral homes 1 per 4 seats; 30 minimum Commercial cemeteries 25 minimum Movie theaters I per 4 seats Indoor recreation 1 per 458 200 square feet of floor area Golf courses and driving ranges 6 pef hole 3 per hole _ Miniature gottand driving ranges 2 per tee or the asst 36 tees, then 1 per tee Campgrounds 1 per cam site Restaurants 1 per 100 square feet of seating floor area Fast-food or drive-in restaurants 1.4 per 100 square feet of seating floor area Retail and personal services 1 per 200 square feet of retail floor area Medical, dental, veterinarian offices and clinics 1 per 250 square feet of office area General offices, 1 per 250 square feet of office floor area Banks and banks with drive-in windows 11 per 250 squafe feet OfflOOF area I per 400 square eet offloor area Shopping Centers 6/1, 000 sq. ft. of retail floor areas for centers with up (small strip -style centers) to 30, 000 sq. ft. 511,000sq. ft of retail floor area for centers between 30,000 and 60,000 s . ft. Shopping Centers (Non Enclosed) 4/1, 000 sq, ft of retail floor area for centers Lar e Integrated Shopgtqg Centers over 60,000 sq, ft. Shopping Centers (Mall -type centers) 3.5/1,000 sq. ft. of retail floor area for centers with up to 400,000 sq. ft. 3.8/1/000 sq. ft of retail floor area for centers over 400,000 sq. ft, Furniture and carpet stores; retail nurseries; farm 1 per 400 square feet of enclosed floor area equipment and feed sales; boat, mobile home and plus 1 per 3,000 square feet of outside display area, motor sales plus 2 s aces per service ba Automobile service and service stations -3 2 per service bay plus required spaces for retail or office areas Self service storage 1 space per 5,000 3 sp aces at the off ace plus 1 sp ace p er emp loy ee Wholesaling, warehouses, truck terminals, 1 per emplayti I.5 spaces per employee plus any construction storage, manufacturing and other required spaces for office or similar use, plus one industrial uses space for each company vehicle and equipment stored outdoors Mining uses 3 per 4 employees (2) Interpretation. When a use is not specifically listed above, the Zoning Administrator shall determine which of the above categories to use to determine the spaces required, based on similarities between the characteristics of the uses. When a use is not specifically listed above, the Zoning Administrator may also use information provided by the applicant or other sources of information to determine the number of spaces required. The Zoning Administrator ,, ay allow 2 DRAFT OFF-STREET PARKING; PARKING LOTS REVISIONS (3) Change in use or expansion. Parking requirements for changes in use and/or an expansion or enlargement of an existing structure and/or use shall be in accordance with the following: a) When there is a change in use (excluding shopping centers) to a use which has the same or lesser parking requirement than the previous use no additional parking shall be required. When there is a change to a use which has a greater parking requirement than the previous use the minimum off- street parking requirements in accordance with the provisions of this chapter shall be provided for the new use. b,) When an existing structure and/or use is expanded or enlarged, the additional minimum off-street parking requirements in accordance with the provisions of this chapter shall be provided for the area of such expansion or enlargement. (4) Procedure for Adiustments to Parking Requirements a) Generally, the Planning Commission may approve r reduction in required parking spaces. Applications for such a reduction shall be submitted to the Planning Department in conjunction with a site plan and include the following: 1) A parking demand analysis which substantiates the basis for a reduced number of parking spaces. 2) A plan showing how the parking spaces will be provided on the site 3) An executed covenant guaranteeing that the owner will provide the additional spaces otherwise required, if the Planning Commission upon recommendation of the Zoning Administrator, after thorough investigation by the Zoning Administrator of the actual utilization of parking spaces at the building or complex decides that the approved reduction be modified or revoked. Said covenant shall i. Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof ii. Be enforceable by the owner, the parties having beneficial use and their heirs, successors and assigns or both; iii. Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns or both; and iv. Be recorded in the Office of the Clerk of the Circuit Court DRAFT OFF-STREET PARKING; PARKING LOTS REVISIONS i 4) The Zoning Administrator will review the above completed application and make a recommendation to the Planning Commission. The Planning Commission may impose such additional conditions as are deemed necessary to protect and assure compliance with the objectives of this section. b) Parking for Mixed Uses and Loading Facilities. In the case of mixed uses (not qualifying as accessory) or two or more buildings upon a single lot or unified parcel or upon contiguous parcels, the total requirements for parking and loading facilities shall be the sum of the requirements of the various uses computed separately. However, cumulative parkin,- requirements arkingrequirements for mixed-use occupancies may be reduced where the Zoning Administrator determines that the peak requirement of the several occupancies occurs at different times (either daily or seasonally), and the parking demand can be provided on the premises. c) Captive Market. Parking requirements for retail and restaurant uses may be reduced where the Zoning Administrator determines that some portion of the patronage of these businesses comes from other uses (Le., employees of area offices patronizing restaurants) located within the same building or a maximum walking distance of 400 feet. fin eases whefe mixed uses share the same pafkang afea, the parking spaces required shall equal the sum of ttifed fof the various uses. in some cases, differ-ent uses will -be reontanine'd in aa ssingle stFueture oF site plan, and in how- cases;, the spaces fequir-ed shall equal the sum of the spaces f6f: each use, (5){4} '"en the above theas shall be theWhen the r o .� calculation of parking spaces results in a fraction of five -tenths (0.5) or greater, the next greatest whole number shall be used. (6) In circumstances when no customer or public entrance or access is located at the side or rear of a structure, no more than five percent (5%) of the required spaces shall be located in the rear of buildings for commercial uses such as, but not limited to, shopping centers, restaurants, office or other retail uses. (7){5} When the required spaces are based on a number of employees, students, seats or other factor that can vary over time, the spaces required shall be based on the maximum possible number of employees, students, and attendees normally present at any one time. (8){6} Parking spaces based on floor area shall be determined based on the gross total floor area devoted to each separate use on the site. DRAFT OFF-STREET PARKING; PARKING LOTS REVISIONS Ic) B. Shared parking. Required parking spaces may be located on a lot other than the lot containing the use under the following circumstances: (1) Parking for a use on a lot may be located on an abutting lot if the zoning of the abutting lot is the same as the lot containing the use. (2) When shared parking is provided on abutting lots, the total spaces provided shall equal the sum of the number required for each use sharing the parking. (3) When shared parking is provided on abutting lots, means of pedestrian access shall be provided between each use sharing the parking and the parking area. (4) When shared parking is provided on abutting lots, a lease, easement or other form of agreement shall be executed among the property owners sharing the parking assuring the use of the required parking spaces and assuring proper maintenance of the parking area. Said agreement shall be submitted to the Zoning Administrator for review and approval. C. Parking limitfor certain commercial vehicles. 1) Within the i Residential Rej Community District, MH1 Mobile Home Community District, or any residential portion of the R4 (Residential Planned Community) District and the MS (Medical Support) District the parking of the following types of vehicles shall be Prohibited: a. tractor truck or tractor truck trailer b. semitrailer c. garbage, refuse or recycling trucks d. towing and recovery vehicle e. cement trucks f. construction equipment (as defined) g. buses h. dump truck L trucks with a total length of 25 feet or greater j. any vehicle with three or more axles k. any commercial vehicle as defined in # 165-101.02 of this Code 2) Construction equipment. Construction equipment and construction -related vehicles shall not be parked or stored in any residential community, or residential portion of ..anumnymalm.. . � MIM - - : C. Parking limitfor certain commercial vehicles. 1) Within the i Residential Rej Community District, MH1 Mobile Home Community District, or any residential portion of the R4 (Residential Planned Community) District and the MS (Medical Support) District the parking of the following types of vehicles shall be Prohibited: a. tractor truck or tractor truck trailer b. semitrailer c. garbage, refuse or recycling trucks d. towing and recovery vehicle e. cement trucks f. construction equipment (as defined) g. buses h. dump truck L trucks with a total length of 25 feet or greater j. any vehicle with three or more axles k. any commercial vehicle as defined in # 165-101.02 of this Code 2) Construction equipment. Construction equipment and construction -related vehicles shall not be parked or stored in any residential community, or residential portion of DRAFT OFF-STREET PARKING; PARKING LOTS REVISIONS 12609% a planned community except during the tenure of construction, and only when being used for construction purposes on or proximate to the lot where parked or stored Valid building and/or site development permits and continuous pursuit of completion of the permitted construction or development shall be required to demonstrate the existence of bona fide construction activity. 3) Exceptions. The provisions of this section shall not apply to (i) any commercial vehicle when taking on or discharging passengers or when temporarily parked pursuant to the performance of work or service at a particular location or (ii) any commercial vehicles (as defined) specifically permitted as part of a home or cottage occupation. D. Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements: (1) Surface materials. In the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office -Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District and the MS Medical Support District, RA (Rural Areas) District and the HE (Higher Education) District, parking lots shall be paved with concrete, bituminous concrete or similar materials. Such surface materials shall provide a durable, dust and gravel -free, hard surface. a. The Zoning Administrator may allow for the use of other hard -surface materials for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. In such cases, parking lots shall be paved with a minimum of double prime -and -seal treatment or an equivalent surface. b. In the RA (Rural Areas) District parking lots with ten (10) or fewer spaces shall be permitted to utilize gravel surfaces. c. Reinforced grass systems, permeable paving systems, or other suitable materials may be used for overflow parking areas, low volume access ways in all Zoning Districts and for agricultural uses in the RA (Rural Areas) District. Parking areas utilizing these materials shall have defined travel aisles and designated parking bays. These materials shall only be utilized with approval of the Frederick County Zoning Administrator and the Director of Public Works. (2) Space demarcation. neeesSary,-to enstffe safe traffic movemefA rl pedestrianc<JJ Ullll access and to designate For single-family attached and multi -family developments, required off-street parking spaces shall be demarcated by four (4) I DRAFT OFF-STREET PARKING; PARKING LOTS REVISIONS inch durable white lines painted on the pavement or curb. Any other proposed color and size will require approval of the Zoning Administrator. Full delineation by 4" wide lines painted on the pavement the full width of or length of the parking stall or parking spaces shall be required in commercial, office and industrial developments. Where paved parking areas are not required, delineation of parking spaces shall be by the use of individual wheel stops or other acceptable means for each unpaved parking space. Signs and pavement markings shall be utilized, as necessary, to ensure safe traffic movement and pedestrian access and to designate handicapped parking spaces. (3) Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of all parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the Bl Neighborhood Business District, the B2 Business General District, the MS (Medical Support) District and the HE (Higher Education) District In the B3 Industrial Transition District, the OM Office Manufacturing Park District, the M1 Light Industrial District and the M2 Industrial General District the use of header curb shall be permitted in areas where the use of gutters is not necessary for stormwater management purposes. 44i, --All curbing shall be a minimum of six inches in height. All parking lots shall be included within an approved stormwater management plan. The Zoning Administrator- may'allow for the use of conefcc„ bumpers instead f cufbing for- par -eels located outside of the Sewer- and Water Sefviee Area if the site a. The Zoning Administrator may allow for the use of concrete bumpers instead of curbing for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. b. The Zonin,- Administrator may allow for the elimination of curb and gutter for parcels located inside of the Sewer and Service Area when necessary to implement low impact development design. This shall only be permitted where practices such as bio -retention, infiltration trenches, and rain gardens are used and only where it can be demonstrated that soil conditions are favorable, or if an adequate under -drain is included in the design and only when approved by the Director of Public Works. (4) Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the Bl Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office -Manufacturing Park District, the Ml Light Industrial District, the M2 Industrial General District, and -the MS Medical Support District, and the HE (Higher Education) District. The raised islands shall be bordered by a six inch concrete or rolled asphalt curb. All islands shall be at least nine feet wide and shall extend the length of the parking space or bay. The islands 7 DRAFT OFF-STREET PARKING; PARKING LOTS REVISIONS 2139 shall be landscaped with grass, shrubs, or other vegetative materials. The e Zonrinrg TlliliiiiCol t11-ilt the e t for- r se IsZangs for paFeeIs 1Vca outside of .1— Se - e. wid Water Sefvice Area when cufb and gufter is not proposed-. a. The Zoning Administrator may waive the requirement for raised islands for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. b. The Zoning Administrator may approve modifications to the landscaped islands for parcels located inside of the Sewer and Service Area when necessary to implement low impact development design and where approved by the Director of Public Works. (5)Low Impact Development. Low impact development techniques are encouraged by the County and should be incorporated into the design of individual developments when deemed appropriate by the applicant after consultation with appropriate county officials. Low impact design options such as rain gardens may be used to satisfy the greenspace requirements for parking areas, such as landscaped islands and minimum landscaped area. -(56)Setbacks. All parking lots, loading spaces, and travelways, except for single famil detached and mobile home residential uses shall be set back as follows: shall b a) At least ten (10) feet from any street or road right-of-way. b) At least five (5) feet from all other property lines, except in cases where more than one lot shares the parking lot. c) In the M-1 (Light Industrial) District and M2 (Industrial General) District, parking lots shall be located no closer than 10 feet to any minor or local street or road right -of way and no closer than 25 feet to any collector or arterial street or road right-of-way. (67) Handicapped spaces. Handicapped parking and building or sidewalk accessibility spaeesshall be provided in any parking lot—aceording to— the equire moments in accordance with the current edition of the of Virginia Uniform Statewide Building Code (VUSBC). Handicapped park . -,-aees shall h- am width of 12 feet. Handicapped spaces shall be locat-e d --- - -_ I imeter of the lots .,rl' ..t to par -king i� sidewalks. A three foot wide -ctffb r- rmpshat e p �rnr�bro=1i eFont to the handicapped pafking spaees to provide access to the sidewalk. The nuffiber- of spaces pfovided shall be as follows: #eg4gFed Handicapped Spaces I DRAFT OFF-STREET PARKING; PARKING LOTS REVISIONS 12 H 401-v-1 to 115-0 1 c 1,�1 to 200 6 204- to -390 7 30 t -to 480 g 401 to -300 -9 G(l�v1 and More 2% ototal (78) Entrance requirements. In no case shall a parking lot be approved which requires that vehicles back from parking spaces onto public roads. All parking lots shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and the Virginia Department of Transportation. The width of driveways serving the parking lot shall not be less than 24 feet for two-way traffic and 12 feet for one-way traffic. (89) Parking space size and aisle requirements. a) ,access t h pur�paEe-slrall - pre�4r��d��-taz-ter. �ti�ih� following wi t�,: All parking spaces and aisles shall he provided in accordance with tables 1.1 and 1.2. Aisle Width Pa-rking Sp a tingle Eine Wa3 ,.��J1Lay par-allel 12 20 TABLE 1.1 Minimum Off -Street Parking Area Dimensions Angle of Width of Depth of Width of Parking Stall (feet) Stall (feet) Aisle Degrees . feet (feet) 30 9.0 20.0 *12.0/**20.0 10.0 18.0 *12.0/**22.0 45 9.0 20.0 *15.0/**20.00 10.0 18.0 *15.0/**22.00 60 9.0 20.0 * 18.0/* *20.0 10.0 18.0 * 1.8.0/* *22.0 90 9.0 20.0 *22.0/* *22.0 10.0 18.0 *22.0/**24.0 *One-way "Two-way All parking spaces shall be a minimum of 180 square feet in size TABLE 1.2 Parallel Parking and Aisle Dimensions Direction of Width of Stall Depth of Stall Width of Traffic (Feet) (Feet) Aisle feet 0 DRAFT OFF-STREET PARKING; PARKING LOTS REVISIONS i 2,0fig One-way aisle 9.0 22.0 12.0 (One -side parking) One-way aisle 9.0 22.0 15.0 (Two side parking) Two-way aisle 9.0 22.0 22.0 (Two -side parking) (b) For other angles, the aisle width shall be the same as for the nearest angle in the above table. (5310) The Zoning Administrator may approve alternative parking space size, space demarcation, aisle dimensions and parking islands for areas used for the display or storage of vehicles for sale by a vehicle dealer. Upon a change of use for the property or site, the spaces, demarcation, aisles and islands must be revised to conform to this ordinance. (911) Obstructions and structures. Parking lots shall be designed to permit each vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle. Utility poles, light standards, trash containers and similar structures shall not be permitted within any aisle or parking space. Any structure located in a parking lot shall be surrounded on all sides abutting spaces or aisles by a six-inch concrete curb. The structure shall be separated from the curb by a distance of three feet. (1-812) Drive-in lanes. Drive-in lanes shall be required for all drive-in or pickup facilities. Drive-in lanes shall be designed to provide for a minimum width of nine feet and a minimum stacking distance of 90 feet. Canopy supports and raised concrete pads designed to support pneumatic tubes, automatic teller machines and other structures shall not be located within the area required for minimum drive-in lane widths. All drive-in lanes shall be clearly separated from parking spaces, travel aisles, maneuvering areas and driveways. The Zoning Administrator may reduce the minimum stacking distance of drive-in lanes for retail uses with less than 150 square feet of floor area if it can be demonstrated that the vehicular frequency for the use does not warrant multiple vehicle stacking. (4413) Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the OM Office -Manufacturing Park District, the M1 Light Industrial District, the M2 Industrial General District, -the MS Medical Support District, and the HE (Higher Education) District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and 10 DRAFT OFF-STREET PARKING; PARKING LOTS REVISIONS 1'2099 rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. In the RA (Rural Areas) District, parking lot landscaping shall not he required or parking lots with ten (10) or fewer spaces Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows: a) Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet of n4ous are in excess of the first ever 100,000 square feet of the entire site. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the _ entire site, in addition to the trees required in § 165 nn Self storage faei ities 165-204.18, Storage facilities. The majority of these Ifees shall be loea aro d par -king lots.The perimeter landscaping trees shall he reasonahly dispersed throughout the parking lot. A three -foot -high evergreen hedge, fence, berm or wall shall be provided to prevent headlights from shining on public rights -of -ways and adjoining properties. All perimeter landscaping shall comply with the requirements of § 16 3 6G, 165-203.01 B. Plant selection, planting procedure and maintenance. b) Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. All interior landscaping shall comply with the requirements of § 4-65- 3-6Q 165-203.01 B, Plant selection, planting procedure and maintenance. (4-214) Pedestrian access. Sidewalks shall be provided as necessary within parking lots to protect pedestrians and promote the safe and efficient movement of pedestrians and vehicles. In large parking lots, pedestrian walkways and crosswalks shall be provided, marked by durable painted stripes and appropriate signs. 11 DRAFT OFF-STREET PARKING; PARKING LOTS REVISIONS,' 2,, ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101— General Provisions §165-101.02. Definitions and word usage. Commercial vehicle —Any vehicle (1) with a gross vehicle weight registered with the Virginia Department of Motor Vehicles or any other state or government agency as twelve thousand (12,000) pounds and greater and used for commercial purposes, or (2) any vehicle, regardless of weight, licensed as a "for hire" vehicle, or any limousine or bus used as a common or contract carrier vehicle. For purposes of this chapter, a "commercial vehicle" shall not be deemed to include any of the following: police vehicle, emergency vehicle, commuter van, motor home, camping trailer, boat trailer or similar recreational equipment used as a personal property and not for hire or used as a school van or bus. Construction equipment — heavy equipment or vehicles of a type used primarily by the construction industries. Such equipment may include, but is not limited to, bulldozers, backhoes, cement trucks, concrete mixers, construction tractors, cranes, derricks, dredging machinery, dump trucks, excavators, graders, hosts, paters, power shovels, road construction and maintenance machinery, scaffolds, tank trucks, trenching machines, and water well drilling machinery. 12 i C • COUNTY of FREDERICK Department of Planning and Development MEMORANDUM 540/665-5651 FAX: 540/665-6395 To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner �4 Subject: Public Nearing — Definitions Date: August 18, 2009 In reviewing the definitions in the Zoning Ordinance (§165-101.02), it has been determined that the definitions of "dwelling" and "dwelling, attached" should be clarified. It is recommended that the definition of a dwelling be expanded to state that a dwelling is a residential structure. It is also recommended that the definition of an attached dwelling be updated to distinguish it from other housing types currently permitted in the Zoning Ordinance and how it is connected to other units. Staff is proposing an ordinance amendment to clarify the definitions of "dwelling" and "dwelling, attached" as shown in Attachment 1. The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on May 28, 2009. The DRRC endorsed the changes and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed the changes at their meeting on June 17, 2009. The Planning Commission agreed with the proposed amendment and recommended that the changes be forwarded to the Board of Supervisors for discussion. The proposed ordinance was discussed at the July 27, 2009 Joint Work Session with the Board of Supervisors and the Planning Commission. There were no comments on the proposed ordinance revision. The Board of Supervisors then approved this item to be sent to public hearing at their meeting on August 12, 2009. The attached document shows the existing Ordinance with proposed additions shown in bold italics and deletions shown in strikethrough. It should be noted that staff will be bringing revisions to the individual housing types permitted in the RP (Residential Performance) District and the remaining definitions at a later time. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold italics and deletions are shown with a strikethrough. CEP/bad 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 Definition of Attached Dwellings - ATTACHMENT 1 ARTICLE I GENERAL PROVISIONS, AMENDMENTS, AND CONDITIONAL USE PERMITS Part 101 - GeneraI Provisions § 165-101.02. Definitions and word usage. DWELLING - A residential structure or portion thereof which is used exclusively for human habitation. A. DWELLING, MULTIFAMILY - A structure arranged or designed to be occupied by two or more households. B. DWELLING, SINGLE-FAMILY - A structure, not including mobile homes, arranged or designed to be occupied by one household. C. DWELLING, DETACHED - A dwelling that is not attached to any other dwelling by any means. D. DWELLING, SEMI-DETACHED - A dwelling attached to one or more dwellings by a common vertical wall, with each dwelling located on a separate lot. E. DWELLING, ATTACHED - ^ dwelf— .,a.,ched-to two ofmare dwelby eammen veATeal rA lona o_, 2 20011 A dwelling with two (2) or more single family dwelling units which are generally joined together by an above grade common Party wall extending from the lowest floor to the roof or by a common floor -ceiling. A common floor -ceiling shall be the floor of one unit that is shared with the ceiling of another unit in vertically stacked dwelling units. Townhouse units may be attached by a garage or a connecting permanent architecturally unified structure such as a breezeway, carport, or wall, where structures continue the design, Pattern and/or materials of the facade from one (1) dwelling unit to another. • �� .-, u COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM FAX: 540/665-6395 To: Frederick County Planning Commission From: Candice E. Perkins, AICP, Senior Planner Subject: Public Hearing — Sidewalks. Pedestrian Walkways, Streetlights Date: August 18, 2009 Staff has prepared revisions to three sections of the Subdivision Ordinance: §144-18 — Sidewalks and Pedestrian Walkways, ¢144-19 — Streetlights, and §144-33 — Commercial and Industrial Design Standard Exemptions. Specifically, the revisions would include the following: • §144-18. Sidewalks and pedestrian walkways. Revision to require sidewalks along existing streets as well as proposed streets in any subdivision in the RP (Residential Performance), R4 (Residential Planned Community), R5 (Residential Recreational Community) Districts and residential areas in the MS (Medical Support) Districts. Addition of a provision for the Planning Commission to allow sidewalks to be placed on only one side of a local street within any residential subdivision when low impact development techniques are utilized. Revision to require sidewalks along any collector or arterial streets in any Zoning District within the UDA or SWSA. Removal of the 15,000sf lots size requirement. Other revisions include a requirement for bicycle and pedestrian facilities when called for by the Comprehensive Plan. • § 144.19. Streetlights. Revision to remove the lot size requirement of 15,000sf and implement the requirement based on Zoning District. • §144-33. Commercial and industrial design standard exemptions. Revision to remove the sidewalks and pedestrian walkways exemption for commercial and industrial properties. This revision would allow for §144-18 to be implemented (sidewalks/bicycle paths on collector and arterial streets) and would require commercial and industrial developments to construct sidewalks or paths along collector and arterial roadways. This would not require sidewalks on roads classified as local roads/streets. Background: The item was presented to the Development Review and Regulations Committee (DRRC) at their meeting on April 23, 2009. The DRRC recommended approval of the changes and recommended it be sent to the Planning Commission for discussion. The Planning Commission discussed this item at their June 17, 2009 meeting. The Planning Commission agreed with the ordinance but stated that sidewalks should be a minimum of five feet in width to be consistent with VDOT requirements. The proposed ordinance was discussed at the July 27, 2009 Joint Work Session with the Board of Supervisors and the Planning Commission. Comments were received regarding the sidewalk requirement and the use of low impact development techniques, where sidewalks would be required (UDA/SWSA) as well as if this would apply to the RA (Rural Areas) District. The proposed ordinance amendment has been revised to address the 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Sidewalks, Curb and Gutter and Street Light Requirements Page 2 August 18, 2009 comments received at the Work Session. The Rural Areas (RA) District would not be effected by this ordinance revision, the exemptions for this district are contained in §144-31 — Rural Subdivisions. The Board of Supervisors then approved this item to be sent to public hearing at their meeting on August 12, 2009. The attached document shows the existing Ordinance with proposed additions shown in bold italics and deletions shown in strikethrough. A recommendation from the Planning Commission on this proposed Zoning Ordinance text amendment is sought. Please contact me if you have any questions. Attachments: 1. Revised ordinance with additions shown in bold italics and deletions are shown with a strikethrough. CEP/bad Sidewalks, Pedestrian Walkways, Streetlights - ATTACI3 TENT §144-18. Sidewalks and pedestrian walkways. A. Sidewalks shall be installed in the right of way and adjacent to the boundary of the right-of-way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a minimum_ two foot wide grass strip or swale between the street edge and the sidewalk, where sidewalks are required. Sidewalks are required as follows: Along both sides of all local streets in any subdivision in the RP (Residential Performance R4(Residential Planned Community), RS Mesidential Recreational Community) Districts and residential areas in the MS(Medical Support Districts �uhdi�i Tots of less than 15,000sf ia size. If f low impact development techniques are utilized within a proLect the Plannin Commission may allow sidewalks to he placed on only one side of a local street within any residential subdivision. 2. Along both sides of all collector and arterial streets in any Zoning District within the Urban Development Area and/or the Sewer and Water Service Area. B. The Planning Commission may waive the sidewalk requirement along local streets when the pedestrian walkways are provided that allow pedestrian access to each lot or use. Such walkways must provide appropriate connections to pedestrian systems throughout the development and on adjoining properties. C. All sidewalks and walkways shall be a minimum of few cve feet wide_ Sidewalks shall conform to VDOT standards. Alternative walkways shall be approved by the Planning Commission and shall be constructed in a manner that is acceptable to the Subdivision Administrator. D. Bicycle and pedestrian facilities shall be constructed_alonff all roadways designated by the Frederick County Comprehensive Policy Plan. All bicycle and pedestrian facilities shall be a minimum of ten feet in width and shall conform to VDOT standards. If not located within a public roadright-of-way atl trails shall be placed within a public access easement and maintained by the developer andlor homeowner's association. § 144.19. Streetlights. Streetlights of adequate type and intensity shall be required to promote public health and safety in any subdivision in the RP (Residential Performance), R4r?esidential Planned Community), R5 (Residential Recreational Community) Districts and residential areas in the MS (Medical Support) Districts centaknifig lots of joss size.15,000 squafe feet in Streetlights shall be provided at all intersections. The design proposal for streetlighting shall be approved by the Subdivision Administrator. The Planning Commission may waive the requirement for streetlights. §144-33. Commercial and industrial design standard exemptions. All commercial and industrial subdivisions shall be exempt from the following sections of article V of this chapter: A. Section 144-17L, Curbs and gutters. C: B. Section 144-19, Streetlights.