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DRRC 08-22-19 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM To: Development Review and Regulations Committee From: M. Tyler Klein, AICP, Senior Planner Subject: August 22, 2019 Meeting and Agenda Date: August 16, 2019 The Frederick County Development Review and Regulations Committee (DRRC) will be meeting on Thursday August 22, 2019 at 7:00 p.m. in the first-floor conference room (purple room) of the County Administration Building, 107 North Kent Street, Winchester, Virginia. The DRRC will discuss the following agenda items: AGENDA 1) Public Utilities including utility-scale solar power generating facilities. Discussion of a request by Staff to include a definition for “Public Utilities” that includes utility-scale solar power generating facilities and amendments to the supplemental use regulations for public utilities. 2) Evaluation of Conditional uses in the RA Zoning District. Discussion of a request from the Board of Supervisors to review the conditional use list for uses in the RA Zoning District. 3) Landscaping, buffer & screening, off-street parking, & requirements for certain uses. Discussion of a request by a DRRC member to amend certain sections of the Zoning Ordinance. 4) Other. Any topics not included in the above agenda brought forward by DRRC members. Please contact this office if you will not be able to attend the meeting. Thank you. Access to this building is limited during the evening hours. Therefore, it will be necessary to enter the building through the rear door of the four-story wing. I would encourage committee members and interested citizens to park in the County parking lot located behind the new addition or in the joint Judicial Center parking lot and follow the sidewalk to the back door of the four-story wing. MTK/dw Attachments Item #1: Public Utilities Including Utility-Scale Solar Power Generating Facilities Proposal: Based on recent amendments to the Code of Virginia, Staff and the DRRC propose amendments to Chapter 165 – Zoning Ordinance to include: 1. A consistent definition for “Public Utilities” that includes utility-scale solar power energy generating facilities; and 2. Additional supplement use regulations (performance standards) for specific uses that requires utility-scale solar generating energy facilities to make arrangements, including financial security, for decommissioning consistent with/as required by the Code of Virginia, setback requirements, and site plan review/approval. Staff Evaluation: The General Assembly amended the Code of Virginia (§15.2-22.41.2) to include decommissioning of solar energy facilities effective July 1, 2019. Previously, the County Attorney and Staff provided a determination that was shared with the Board of Supervisors on July 2018, stating that utility- scale solar power generating energy facilities would qualify as a “public utility” type-facility and would otherwise be allowed by-right in the County’s RA (Rural Areas) Zoning District (and other zoning districts where public utilities are permitted by-right). During 2018 the Board of Supervisors (BOS) considered a stand-alone Zoning Ordinance text amendment to add a definition and specific supplemental use regulations only for “Solar (Photovoltaic) Energy Facilities.” This amendment was not moved forward, and Staff and the County Attorney issued a determination (outlined above) regarding the inclusion of solar facilities under the existing allowance for “Public Utilities”. Should the BOS desire to enable utility-scale solar power generating facilities only through a Conditional Use Permit (CUP), rather than the proposed permitted use, public utilities including utility-scale solar power generating facilities, the original amendment may be reconsidered in-lieu of this amendment to the definition and supplemental use regulations for “Public Utilities”. DRRC Action: Following the DRRC Meeting on June 27th and July 25th discussion, Staff is looking to affirm the changes outlined above regarding “Public Utilities” is now ready to go forward to the Planning Commission for discussion. Attachments: Proposed Changes to Frederick County Zoning Ordinance Revised 7/26/19 ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS Part 101 – General Provisions § 165-101.02 Definitions and word usage. Public Utilities Power generating facilities, booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities (including utility-scale solar power generating facilities), and sewer and water facilities including sewer and water transmission lines. Such facilities may be owned by public utilities, public agencies, or those operators with a “Certificate of Public Convenience.” ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES Part 204 – Additional Regulations for Specific Uses § 165-204.26. Public Utilities 1. Public utilities. Lot requirements for lots used by political subdivisions, municipal corporations, the Virginia Department of Transportation, the Frederick-Winchester Service Authority, or the Frederick County Sanitation Authority for public utility purposes shall be as follows: A. In all zoning districts, the Zoning Administrator shall have the authority to determine the minimum lot size necessary for such public utilities and the appropriate setbacks for such lots used for public utility purposes. The primary building setback requirements for the zoning district would apply. B. Such lots shall be exempt from the individual on-site sewage disposal system requirements. C. Such lots may be accessed by private access easements; any such easement shall be a minimum of 15 feet in width. D. A site plan, in accordance with Article VIII, shall be submitted to and approved by Frederick County, prior to the establishment of the use. 2. Public Utilities - Utility-Scale Solar Power Generating Facilities. Any owner, lessee, or developer of real property for the purposes of solar power energy generation shall enter into a written agreement, prior to site plan approval, with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of § 15.2-2241.2(B) of the Code of Virginia. Revised 7/26/19 ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS Part 401 – RA Rural Areas District § 165-401.02. Permitted Uses Q. Public utility generating, booster, or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities, railroad facilities and sewer and water facilities, and lines owned by public facilities, railroad companies or public agencies. Public Utilities Part 402 – RP Residential Performance District § 165-402.02. Permitted Uses B. Structures and land shall be used for one of the following uses: (6) Utility distribution facilities necessary to serve residential uses, including, but not limited to, poles, lines, distribution transformers, pipes, and meters. Public Utilities excluding utility-scale solar power energy generating facilities. Part 403 – Mobile Home Community District § 165-403.02. Permitted Uses H. Public utilities including poles, lines, distribution transformers, pipes and meters, water and sewer facilities and lines. Public Utilities excluding utility-scale solar power energy generating facilities. ARTICLE V PLANNED DEVELOPMENT DISTRICTS Part 502 – R5 Residential Recreational Community District §165-502.04. Permitted uses. P. Public sewer and water facilities and lines. Public Utilities excluding utility-scale solar power energy generating facilities. Revised 7/26/19 ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS Part 602 – B1 Neighborhood Business District §165-602.02. Allowed Uses. Public utility distribution facility Public Utilities Part 603 – B2 General Business District §165-603.02. Allowed Uses. Public utility distribution facility Public Utilities Part 604 – B3 Industrial Transition District §165-604.02. Allowed Uses. Public utility distribution facility Public Utilities Part 606 – M1 Light Industrial District §165-606.02. Allowed Uses. Public utility distribution facility Public Utilities Part 608 – EM Extractive Manufacturing District §165-608.02. Permitted Uses. K. Public utilities, including poles, lines, distribution transformers, pipes, meters, and sewer facilities. Public Utilities. Part 609 – HE Higher Education District §165-609.02. Permitted uses. B. Utilities necessary to serve allowed uses, including poles, lines, distribution transformers, pipes and meters. Public Utilities excluding utility-scale solar power energy generating facilities. Item #2: Evaluation of Conditional Uses in the RA (Rural Areas) Zoning District The Board of Supervisors directed the Planning Commission to evaluate the CUP process and those listed conditional uses to ensure that the uses, and scale of the uses, are appropriate for the zoning district in which they are identified. This would include identifying those uses that may be more appropriate in a commercial zoning district; such as larger service stations, motels, and larger retail stores. This direction was presented to the Planning Commission on 7/17/2019. The DRRC Committee of the Commission, with Staff, PC, and BOS input, will then discuss the topic and develop a proposal for the consideration of the Board. This topic/proposal may be discussed at a work session to get additional input and direction from the Board. Alternately, it would be discussed at a regular Board meeting. Proposal: This is a request from the Board of Supervisors for the Planning Commission, DRRC and Staff, to review the conditional use list for certain uses in the RA (Rural Areas) Zoning District to ensure that the uses, and scale of the uses, are appropriate for the zoning district in which they are identified. Staff Evaluation: The purpose of the proposed amendment it to codify recent Zoning Determinations for specific uses that lessen the need for a conditional use permit (CUP) application; to add clarity to specific uses where intensity of a given use is important in considering its appropriateness for a CUP; and to provide consistency in the implementation of certain uses. The Board may consider this item solely on addressing the scale of certain uses as conditional uses or may include the additional clean-up of the conditional uses. Staff is available to discuss either approach. DRRC Action: Staff is looking for direction from the DRRC on the appropriateness of this request for a text amendment to the Zoning Ordinance. Depending on the outcome of this discussion, Staff may forward this item to the Planning Commission for further discussion. Background: To provide additional perspective on conditional uses in the rural areas, staff has included: 1) a history of conditional uses approved over the last 20-year period, and 2) a listing of the sizes of Country General Stores and select commercial/retail uses to assist when evaluating the scale of such uses. 1) Since 1999, the following conditional uses have been approved in the RA Zoning District (by type and number of approved applications): • Special Event Facilities: 5 • Public Garages (with or without body repair): 13 • Kennels: 9 • Landscape Contracting Businesses/Retail Nurseries: 9 • Telecommunications Towers: 23 • Farmers Markets/Off-Premise Wayside Stands: 2 • Commercial Recreation (indoor or outdoor): 7 • Country General Stores: 7 • Motels/Bed & Breakfasts: 8 • Antique Shops: 3 • Restaurants: 3 • Day-Care Facilities: 14 • Welding Repair: 2 • Flea Markets: 1 • Taxidermy: 1 • Sand Mines: 3 • Campground: 1 • Veterinary Clinics: 2 • Fraternal Lodges: 1 • Misc. (don’t fall under currently listed conditional uses): 3 2) For purposes of comparison, the square footage of select Country General Stores within the RA District is provided in addition to the square footage of select Commercial/Retail uses located within the County’s Sewer and Water Service Area (SWSA). Commercial/Retail Properties (within SWSA): • Family Dollar (Stephens City – B2) – 9,230 SF (SP #41-13) • Dollar General (Middletown – B1) – 9,301 SF • Dollar Tree (Winchester Gateway – B2) - +/- 14,000SF • Dollar Tree (Stonewall Plaza – B2) – 13,600 SF • The Country Store (Senseny Road – B1) – 4,872 SF Average SF: 10,218 SF *Note: Dollar General (Route 522N – RA) – 9,100 SF (proposed, withdrawn) County General Store Properties (within Rural Areas) • Hogue Creek Market (Route 50W – RA) – 4,369 SF (approved CUP for County General Store); with fuel sales • Crossroads Grocery (Route 522N – RA) – 1,240 SF (approved CUP for Country General Store); with fuel sales • Shawnee Springs Market (Route 522N – B2) – 6,520 SF (SP #19-86; note surrounded by RA zoned properties); with fuel sales • Toms Market (Back Mountain Road – B1) – 3,016 SF; with fuel sales • Gainesboro Market (Route 522N – RA) – 2,450 SF; with fuel sales Average SF (County General Store): 3,519 SF Attachments: Proposed Changes to Frederick County Zoning Ordinance (forthcoming via separate email) Frederick County Zoning Ordinance (§165-401 03) – Conditional Uses in the RA District Frederick County, VA https://ecode360.com/print/FR1364?guid=8708385[8/15/2019 3:42:06 PM] [1] A. [2] B. [3] C. D. E. F. G. H. I. J. K. [4] L. Close Print Resize: Frederick County, VA Thursday, August 15, 2019 Chapter 165. Zoning ARTICLE IV. Agricultural and Residential Districts Part 401. RA Rural Areas District §165-401.03. Conditional uses. The following uses of structures and land shall be allowed only if a conditional use permit has been granted for the use: [1]Bed-and-breakfasts; farm stay [Added 12-9-2009; amended 5-24-2017] Editor's Note: Former Subsection A, Poultry farms and hatcheries and egg production, was repealed 4-26- 1995. See now § 165-401.02X. [2]Country clubs, with or without banquet facilities. [Added 12-9-2009] Editor's Note: Former Subsection B, Fish hatcheries and fish production, was repealed 4-26-1995. See now §165-401.02Y. [3]Manufacture or sale of feed and other farm supplies and equipment. [Added 12-9-2009] Editor's Note: Former Subsection C, Hog farming, as amended 12-9-1992, was repealed 4-26-1995. See now § 165-401.02Z. Fruit packing plants. Off-premises farm markets. [Added 12-9-2009] Off-premises wayside stands. Country general stores. Service stations. Antique shops. Restaurants. Kennels. Petting farms. [Added 12-9-2009[4]] Editor's Note: This ordinance also redesignated former Subsections L through Y as Subsections M through Z, respectively. Frederick County, VA https://ecode360.com/print/FR1364?guid=8708385[8/15/2019 3:42:06 PM] M. N. O. P. Q. R. S. T. U. V. (1) (2) W. (1) (2) X. (1) (2) (3) Y. Z. [5] AA. BB. Television or radio stations. Motels. Auction houses. Campgrounds, tourist camps, recreation areas and resorts. Commercial outdoor recreation, athletic or park facilities. Nationally chartered fraternal lodges or civic clubs, social centers and their related facilities. Sawmills and planing mills, Type B. Ambulance services. Retailing or wholesaling of nursery stock and related products. Landscape contracting businesses. Public garages without body repair, provided that the following conditions are met: All repair work shall take place entirely within an enclosed structure. All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least six feet in height. This fence or screen shall be adequately maintained. [Amended 12-9-2009] Public garages with body repair, provided that the following conditions are met: All repair work shall take place entirely within an enclosed structure. All exterior storage of parts and equipment shall be screened from the view of surrounding properties by an opaque fence or screen at least six feet in height. This fence or screen shall be adequately maintained. [Amended 12-9-2009] Sand, shale and clay mining, provided that the following conditions are met: All mining shall be above the mean, existing grade level of a parcel of land. All mining operations shall meet all applicable requirements of state and federal agencies. Such mining operations shall meet the landscaping and screening requirements, supplementary regulations, height, area and bulk regulations and site plan requirements contained in the EM Extractive Manufacturing District regulations. Cottage occupations (as defined). [Amended 12-9-2009] Cottage occupation signs. [Added 12-9-2009[5]] Editor's Note: This ordinance also redesignated former Subsections Z through HH as Subsections BB through JJ, respectively. Veterinary office, clinic or hospital, including livestock services. [Amended 8-24-2004] Frederick County, VA https://ecode360.com/print/FR1364?guid=8708385[8/15/2019 3:42:06 PM] CC. DD. EE. FF. GG. HH. II. JJ. KK. LL. MM. NN. OO. PP. QQ. RR. SS. Day-care facilities. [Added 8-8-1990] Humanitarian aid organizational office. [Added 1-27-1999] Schools (with residential component). [Added 10-27-1999] Fruit and vegetable stands (SIC 5431). [Added 8-24-2004] Blacksmith shops (SIC 7699). [Added 8-24-2004] Farriers (SIC 7699). [Added 8-24-2004] Horseshoeing (SIC 7699). [Added 8-24-2004] Taxidermists (SIC 7699). [Added 8-24-2004] Welding repair (SIC 7692). [Added 12-9-2009] Flea markets, operated indoors or outdoors. [Added 11-10-2010] Treatment home. [Added 6-13-2012] Special event facility. [Added 5-24-2017] Commercial shooting and archery ranges (indoor or outdoor). [Added 5-24-2017] Ice cream parlor or bakery. [Added 5-24-2017] Craft and gift shops. [Added 5-24-2017] Offices and clinics of doctors of medicine, dentists and other health practitioners (SIC 801, 802, 803, and 804). [Added 7-12-2017] Slaughterhouses. [Added 9-13-2017] Item #3: Landscaping, buffer & screening, off-street parking, & requirements for certain uses Proposal: This is a request from a DRRC member to amend Chapter 165 -Zoning Ordinance to “clean up” inconsistencies within certain sections and to clarify or reduce requirements for certain uses. This item was previously presented by Mr. Gary Oates under “Other” items at the July 25th DRRC meeting. Staff Evaluation: After review of the proposed changes, Staff offers the following comments: §165-201.18 Storage facilities, self-storage. Staff supports proposed changes to the above section. The proposed changes correct inconsistencies in this section with other sections of the Zoning Ordinance and provides relief on screening requirements that do not meet the intent of the section to “screen the use.” §165-204.24 Tractor truck and tractor trailer truck parking. Staff has concerns with the changes that eliminate the paved parking area requirements for tractor trucks §165-204.24(A). Paved parking is intended to serve as a durable hard surface for motorized vehicles and to prevent seepage of gasoline and oils. Staff does not support preventing the above use from locating near interstates and primary roadways where tractor trailer trucks and trailer parking may be complementary to other planned or existing industrial uses. Staff supports proposed changes preventing the siting of the above use adjacent to residential uses and correcting inconsistences with this section planting requirements with other sections of the Zoning Ordinance. §165-202.01 Off-street parking; parking lots. Staff supports proposed changes to the above section. The proposed changes correct inconsistencies in this section with other sections of the Zoning and Subdivision Ordinance. §165-203.01 Landscaping requirements. Staff supports proposed changes to the above section. The proposed changes correct inconsistencies in this section with other sections of the Zoning Ordinance. §165-203.02 Buffer and screening requirements. Staff has concerns with the changes to §165-203.02(A)(2) that would allow for road rights-of-way (ROW) to be located within the buffer area. The intent of a zoning district buffer is to provide separation (distance) and screening of incompatible uses. Road ROW for access and movement within a site is part of the “use.” Eliminating this requirement undermines the intent of the section. Staff has concerns with the changes to §165-203.02(D)(2) to eliminate the need for a zoning district buffer when one does not currently exist (or if the adjacent roadway has a right-of-way greater than 50-feet) on the adjacent property The intent of a zoning district buffer is to provide not only a distance separation but also a “physical” screen in the form of plantings and/or a fence, wall, or berm. Eliminating this requirement undermines the intent of the section. Staff supports the other proposed changes to the above section. The proposed changes correct inconsistencies in this section with other sections of the Zoning Ordinance. §165-204.30 Special event facilities. Staff supports proposed changes to the above section. The proposed changes provide clarity with certain protocols in the County, specifically that the Building Official (Department of Building Inspections) is responsible for determining if a building or structure (existing or to-be-constructed) is agriculturally exempt from the Virginia Building Code requirements or requires a building permit review. DRRC Action: Staff is looking for direction from the DRRC on the appropriateness of this request for a text amendment to the Zoning Ordinance. Depending on the outcome of this discussion, Staff may forward this item to the Planning Commission for further discussion. Attachments: Proposed Changes to Frederick County Zoning Ordinance from DRRC Member Proposed Changes from DRRC Member – July 2019 § 165-204.18. Storage facilities, self-service. 165-204 (F) (1) - Facilities located in the B-2 Business General District shall be have all overhead doors and loading areas completely screened around the perimeter of the property by a double row of evergreen trees that are staggered and planted a maximum of eight twelve feet off center and are a minimum of six four feet in height when planted. 165-204 (F) (2) - Facilities located in the B-3 Industrial Transition District or the M-1 Light Industrial District shall be required to landscape the yard area within the front yard setback adjacent to public streets and residences to provide for a double row of evergreen trees that are staggered and planted a maximum of eight twelve feet off center. The side and rear yards shall be planted with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of six four feet in height at the time of planting. 165-204 (F) (3) - Facilities located on parcels that are within a master planned industrial park or office park shall be required to landscape the perimeter of the facility with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of six four feet in height at the time of planting. 165-204 (F) (4) - The required planting of all trees described under this Subsection F shall occur in an area that is between the adjoining property boundary line and the placement of security fencing. The installation of an opaque wall or fence that is a minimum of six feet in height may substitute for required landscaped areas in all zoning districts. A solid building wall, free of windows or doors, is not required to be screened. Proposed Changes from DRRC Member – July 2019 § 165-204.24. Tractor truck and tractor truck trailer parking. Tractor truck and/or tractor truck trailer parking facilities in the B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts permitted as a primary use with a conditional use permit. The facilities should not be located near residential uses, interstates, primary or arterial roadways, or high visible areas. These lots shall meet the following conditions: A. All areas utilized for the parking of tractor trucks shall meet the requirements of § 165- 202.01D. Areas utilized for and the storage of trailers may utilize a gravel surface. B. All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud, gravel or the like is not distributed onto roadways. C. No inoperable tractor trucks or damaged/salvage trailers, unlicensed trailers or cargo/storage containers shall be parked or stored on the site. D. Fuel sales shall not be permitted. E. Maintenance of trucks and trailers shall not be permitted. F. Facilities shall be required to landscape the yard area within the front setback to provide for a double row of evergreen trees that are staggered and planted a maximum of twelve feet on center.(minimum of two different species). The on-center distance between each tree in the staggered double row shall not exceed the widest width of the selected evergreen trees. At no point shall the offset between each evergreen tree planted in the staggered double row be less than 90°. The side and rear yards shall be planted with a single row of evergreen trees that are planted a maximum of 40 feet on center. All trees shall be a minimum of six four feet in height at the time of planting. The Board of Supervisors may allow for alternative landscaping based on topography and/or adjacent land uses. G. A site plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County. Proposed Changes from DRRC Member – July 2019 § 165-202.01 Off-street parking; parking lots 8. 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 20 feet for two-way traffic, 20 feet for fire lanes, and 12 feet for one-way traffic. § 165-203.01. Landscaping requirements. (2) Planting procedure. All required trees and shrubs shall meet the specifications and procedures established by the American Nursery and Landscape Association. (a) All trees shall be planted no closer than three feet to the edge of sidewalks, curb or other pavement. (b) Deciduous trees shall be a minimum of two 1.25-inch caliper at the time of planting. (c) Only single-stem trees shall be planted as street trees. (d) Evergreen trees shall be a minimum of four feet in height at the time of planting. Shrubs shall be a minimum three-gallon container at the time of planting. In addition to the three-gallon container requirement, parking lot headlight screening shrubs shall be a minimum of 36 inches in height at time of planting (unless topography allows a reduction to maintain 36” from pavement to top of shrub), and buffer shrubs shall be a minimum of 18 inches in height at time of planting. Spacing of parking lot screening shrubs shall be no greater than four feet on center. (e) Only trees having a mature height of less than 20 feet shall be located under overhead utility lines. Trees shall not be planted within easements for water, sewer, electric, or gas. (f) Measurement of size. Caliper is measured six inches above the ground up to and including four- inch caliper size and 12 inches above the ground for larger sizes. Diameter at breast height (dbh) will be measured at the height of 54 inches from the base of the trunk or as otherwise allowed in the Guide for Plant Appraisal. Edit Tree List Remove the following trees from the approved planting list • Bradford Pears and all other varieties of flowering pears • Leyland Cypress Proposed Changes from DRRC Member – July 2019 § 165-203.02. Buffer and screening requirements. It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be buffered from other types in order to ensure a desirable living environment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads. A. Distance buffers. Distance buffers are based on the nature of an activity and its proximity to an activity of a different nature. They are linear distances measured from property lines inward. Part of the buffer must be inactive and part may be active. The inactive portion begins at the adjoining property line, as shown in the example diagrams.[1] (1) Inactive distance buffer. This portion of a buffer area permits no activity except the necessary utility functions provided by transmission lines, underground conduits, stormwater management, sidewalks, trails, etc. (2) Active distance buffer. This portion of a buffer area may not be encroached by a building or other principal structure or activity. However, accessory activities, such as parking, are permitted in this area. Active buffers shall not contain road rights-of-way. (3) Wherever proposed developments are adjacent to or within 1,000 feet of the boundaries of existing uses, the Board of Supervisors may require increased or additional distance buffers to separate different uses to achieve the intentions of this section. B. Screening. Screening is designed to work with distance buffers to lessen the impact of noise or visual interaction between adjacent activities. There are two levels of screening: landscape screening and full screening. The higher the level of screening provided, the lower the level of distance buffer required. The example diagrams show how this works.[2] (1) Landscape screening. A landscape screen consists of a totally landscaped area easement at least 10 feet in depth; plantings are encouraged to be spaced appropriately within the inactive buffer. Within the area easement, there shall be a minimum landscaping density of three plants per 10 linear feet. The buffer shall consist of a combination of 1/3 deciduous trees, 1/3 evergreen trees and 1/3 shrubs. Deciduous trees shall be planted at a minimum of two1.25-inch caliper, evergreen trees shall be a minimum of four feet in height, and shrubs shall be 18 inches in height at time of planting. [Amended 8-12-2009] (2) Full screen. A full screen provides all the elements of a landscape screen and also includes a six- foot-high, opaque hedge, fence, wall, mound, or berm., or an additional two rows of evergreen trees that are six feet tall at time of planting. A fifty-foot strip of mature woodlands may be allowed as a full screen. (3) Wherever proposed developments are adjacent to existing uses, the Board of Supervisors may require additional landscaping, landscaped areas, or landscaped easements to separate different uses and to achieve the intentions of this section. [Amended 9-26-2012] Proposed Changes from DRRC Member – July 2019 D. Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts. (1) Buffers shall be provided on the land to be developed according to the categories in the following tables: (2) If a lot being developed is adjacent to developed land which would normally be required to be provided with a buffer but which does not contain the buffer, the required buffer shall be provided on the lot being developed. The buffer to be provided shall be of the larger category required on either the lot being developed or the adjacent land. Such buffer shall be in place of the buffer normally required on the lot being developed. The buffer may include required setbacks or buffers provided on the adjacent land. Whenever land is to be developed in the B1, B2, B3, OM, M1 or M2 Zoning District that is adjacent to a state road with a right of way greater than 50’, zoning district buffers shall not be required along the road. (3) The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements between land primarily used for residential purposes and the B-1 (Neighborhood, Business) or B-2 (Business, General) Zoning District with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Board of Supervisors, the distance requirements of § 165-203.02D(1)(a) may be reduced, provided that the full screening requirements of this section are met. (4) The Zoning Administrator may waive any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district in which the development is occurring and in the adjoining zoning districts. [Amended 8-12-2009] (5) The Zoning Administrator may waive, reduce and/or modify buffer yard requirements (distance and landscaping) if, in his opinion, the topography of the lot providing the buffer yard and the lot being protected is such that the required yard would not be effective. The buffer may also be modified to maintain highway sight distances. [Amended 8-12-2009] (6) Land proposed to be developed in the B3, OM, M1 or M2 Zoning District OM Office- Manufacturing Park District, the M1 Light Industrial District and the M2 Industrial General District may be permitted to have a reduced buffer distance that is consistent with the required side or rear building setback line, provided that the following requirements are met: (a) The property to be developed with a reduced buffer distance is part of an approved master planned industrial park. (b) There are no primary or accessory uses within the reduced buffer distance area, including driveways, access drives, outdoor storage areas, parking areas, staging areas, loading areas and outdoor dumpster areas. All-weather surface fire lanes necessary to meet the requirements of Chapter 90, Fire Prevention, of the Code of Frederick County, Virginia, shall be exempt from this performance standard. (c) A full screen is required to be created within the reduced buffer distance area which shall be comprised of a continuous earth berm that is six feet higher in elevation than the highest elevation within the reduced buffer distance area and a double row of evergreen trees that are a minimum of six feet in height and planted a maximum of eight feet from center to center. Proposed Changes from DRRC Member – July 2019 § 165-204.30 Special event facilities. [Added 5-24-2017] Special events facilities, where allowed in the RA (Rural Areas) District, shall be subject to the following requirements: A. An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted with the conditional use permit application. This plan shall identify access for the facility, the location of all parking areas, the location and square footage for all structure(s) to be used, and the location of sewage disposal facilities. B. All structures associated with a special events facility shall require a building permit. review and approval by the Department of Inspections. C. All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require through the conditional use permit process that all travel aisles and/or parking spaces be paved with a minimum double prime and seal or alternative dust-free surface. D. Portable toilets shall be permitted for special event facilities, provided that they are screened from all adjoining properties and roads by topography, structures or new or existing landscaping. E. Special events facilities that share a private access easement with another property owner/s must show the easement allows a use of this type or written permission must be obtained by the sharing parties.