PC 07-05-23 Meeting Agenda1.Call to Order
2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission
should adopt the Agenda for the meeting.
3.Committee Reports
4.Citizen Comments
5.Public Hearings
5.A.Conditional Use Permit #03-23 for Candace Lundin, DVM & Frank Zureick
(Evan Lundin) - (Mrs. Feltner)
Submitted for a dog-kennel and breeding. The property is located at 159 Larrick Lane,
Middletown, Virginia and is identified with Property Identification Number 91-3-5 in the
Opequon Magisterial District.
6.Information/Discussion
6.A.Ordinance Amendment - Conversion of Allowed Uses to NAICS;
Additions & Deletions to Allowed Uses List - (Mr. Pearson)
7.Other
7.A.Current Planning Applications
8.Adjourn
AGENDA
PLANNING COMMISSION
WEDNESDAY, JULY 5, 2023
7:00 PM
THE BOARD ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
PC07-05-23CUP03-23_Redacted.pdf
PC07-05-23OA_ConversionofAllowedUsestoNAICS.pdf
1
Planning Commission
Agenda Item Detail
Meeting Date: July 5, 2023
Agenda Section: Public Hearings
Title: Conditional Use Permit #03-23 for Candace Lundin, DVM & Frank Zureick (Evan
Lundin) - (Mrs. Feltner)
Attachments:
PC07-05-23CUP03-23_Redacted.pdf
2
CONDITIONAL USE PERMIT #03-23
CANDACE LUNDIN, DVM AND FRANK ZUREICK
Staff Report for the Planning Commission
Prepared: June 22, 2023
Staff Contact: Amy L. Feltner, Planner
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 Action
Planning Commission: 07/05/23 Pending
Board of Supervisors: 08/09/23 Pending
EXECUTIVE SUMMARY:
This is a request for a Conditional Use Permit (CUP) for Candace Lundin and Frank Zureick for
a dog kennel and breeding. Should the Planning Commission find this application to be
appropriate, Staff recommends that the following conditions be attached to the CUP.
1.All review agency comments shall be complied with at all times.
2.A maximum of two (2) employees, not residing on the premises, shall be permitted with
this CUP.
3.All dogs must be confined to kennels indoors between the hours of 9:00 p.m. and 7:00
a.m.
4.Hours of operation for the public to access the property shall be 9:00 a.m. to 8:00 p.m.
seven days a week.
5.New structures to be used as kennels will require building permits prior to being
constructed.
6.One (1) monument style sign with a maximum sign area not to exceed 50 square feet (SF)
and not to exceed 10 feet (FT) in height is permitted.
7.An illustrative sketch plan, in accordance with the requirements of Article VIII of the
Frederick County Zoning ordinance and addressing additional regulations for specific uses
contained in § 165-204.10, shall be submitted to and approved by Frederick County prior
to the establishment of the use.
8.Any expansion or modification of this use will require the approval of a new CUP.
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
3
Page 2
CUP #03-23, Candace Lundin DMV & Frank Zureick
June 22, 2023
LOCATION: This property is located at 159 Larrick Lane, Middletown, Virginia.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBER: 91-3-5
PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas)
Land Use: Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Single Family Detached Residential
South: RA (Rural Areas) Use: Single Family Detached Residential
East: RA (Rural Areas) Use: Single Family Detached Residential
West: Roadway Use: Interstate 81
PROPOSED USE: This application is for a dog kennel and breeding on 6.32+/- acres.
REVIEW EVALUATIONS:
Planning and Zoning:
Proposal: The Applicant proposes to board and breed dogs with up to sixteen (16) female
Russell Terrier breeding dogs, not including the litters, at any given time. Another fifteen (15)
dogs reside within the home. All dogs are housed in crates inside the home or within the fully
insulated, and conditioned, kennel located in the existing garage/workshop. Dogs are secured in
six (6) outdoor play yards when appropriate weather permits. Applicant proposes 20-30 litters
annually, with each litter size consisting of 3-5 pups each. Customers are by appointment only.
Visits to the kennel average 1-2 per week.
Comprehensive Plan Conformance:
Kennels are a permitted use in the RA (Rural Areas) Zoning District with an approved
Conditional Use Permit (CUP). This proposed use will take place on a 6.32 +/- acre parcel
surrounded by properties that are zoned RA. The 2040 Comprehensive Plan provides guidance
when considering any land use actions. The area where this property is located is outside the
Urban Development Area (UDA), outside the Sewer and Water Service Area (SWSA) and is not
part of any other land use plan. This area of the County is intended to remain rural in nature. The
CUP application, as proposed, generally meets the intent and goals of the Plan.
Zoning Ordinance Requirements:
The Zoning Ordinance defines a Kennel: “As a place prepared to house, board, breed, handle
4
Page 3
CUP #03-23, Candace Lundin DMV & Frank Zureick
June 22, 2023
or otherwise keep or care for dogs for sale or in return for compensation.” The Zoning
Ordinance requires that kennels be subject to additional performance standards to mitigate
negative impacts to adjoining residential properties. These additional standards include: all dogs
are to be confined within a secure structure, and the installation of a Category C Buffer
where the adjoining properties are used for residential purposes. The properties immediately
adjacent to this proposed CUP are currently zoned RA Zoning District, with the nearest
residential dwelling being approximately +/- 350-feet to the south and to the north. This kennel
use, as described in the application narrative, will be conducted indoors and therefore meets the
intent of the Zoning Ordinance. Per the Zoning Ordinance, all dogs must be confined indoors,
except for when they are walked or exercised within the fenced area.
Winchester-Frederick County Health Department: This office has no objections to the
proposal. The plan is well thought out. No further comments or recommendations. Please see
the attached letter from Jim Davis, Environmental Health Supervisor dated February 23, 2023.
Virginia Department of Transportation: A VDOT Review has been completed of the
Conditional Use Permit for Candace Lundin, DVM & Frank Zureick to operate a Dog Breeding
Kennel at 159 Larrick Lane, Middletown. The existing access to the property appears to be
sufficient for the proposed use, which will generate very few trips, according to the CUP
application. We have no objection to the Conditional Use Permit as presented. Please see the
attached email from Timothy Rhodes, Land Development Engineering dated March 22, 2023.
Frederick County Fire Marshal: Approved with condition. Portable fire extinguishers shall
be installed as outlined in the applicable building code. Please see the attached letter from Adam
Hounshell, lieutenant/Assistant Fire Marshall dated March 22, 2023.
Frederick County Inspections: The current records indicate the building is currently a detached
garage. The building will require a change of use permit as per the Virginia Uniform Statewide
Building Code. Any new construction will be required to meet the 2018 Virginia Construction
Code.
An accessible restroom meeting the requirements of ANSI A117.1 will be required.
Entrances and exits shall meet accessibility requirements per ANSI A117.1 Accessible parking
and pathway to the building will be required. Exiting Signage and emergency lighting shall be
required. Please see the attached letter from Mark Fleet, Building Official dated March 20,
2023.
Frederick County Public Works: We offer no comments at this time. Please see the attached
letter from Joe Wilder, Director of Public Work dated March 3, 2023.
5
Page 4
CUP #03-23, Candace Lundin DMV & Frank Zureick
June 22, 2023
Frederick Water: No comments at this time. Please see attached letter date March 1, 2023.
Winchester Regional Airport: No comment. Please see attached letter dated March 10, 2023.
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.
6
§¨¦81
§¨¦81
91 3 5
500N BUCKTON RD
652N BUCKTON RD
652N BUCKTON RD
132LARRICK LN
122QUINCEYMILL CT
174LARRICK LN551N BUCKTON RD
541N BUCKTON RD
197LARRICK LN
227LARRICK LN
190MUSTANG LN
259LARRICK LN
RILEY MILL LN
N BU
C
KT
O
N R
D LARRICK LNApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 9, 2023
MiddletownVALLEY PIKELARRICK LNN BUCKTON RDRI
LEY MILL LNMUSTANG LN
QUINCEY MILL CT§¨¦81
0 220 440110 Feet
CUP # 03 - 23: Candace LundinPIN: 91 - 3 - 5Dog Kennel and BreedingZoning Map
CUP #03-23
7
§¨¦81
§¨¦81
91 3 5
500N BUCKTON RD
652N BUCKTON RD
652N BUCKTON RD
132LARRICK LN
122QUINCEYMILL CT
174LARRICK LN551N BUCKTON RD
541N BUCKTON RD
197LARRICK LN
227LARRICK LN
190MUSTANG LN
259LARRICK LN
RILEY MILL LN
N BU
C
KT
O
N R
D LARRICK LNApplication
Sewer and Water Service A rea
Parcels µ
Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: June 9, 2023
MiddletownVALLEY PIKELARRICK LNN BUCKTON RDRI
LEY MILL LNMUSTANG LN
QUINCEY MILL CT§¨¦81
0 220 440110 Feet
CUP # 03 - 23: Candace LundinPIN: 91 - 3 - 5Dog Kennel and BreedingLocation Map
CUP #03-23
8
9
7.Adjoining Property:
North
East
South
West
USE
Farm, single family home
Farm, single family home
Farm single family home
1-81
ZONING
RA
RA
RA
RA
8.The type of use proposed is {consult with the Planning Dept. before completing):
Dog kennel and breeding on 6.32 acres in RA zoning. Relocated from Loudoun County.
9.Describe, if applicable, any new bui ldings to-be-constructed associated with this use:
None.
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.)
Th 1 ·n be ·fied b ·1 rth· r · ese peopi e WI notI 1 ,y ma1 o IS aoo. 1cat1on:
Name and Property Identification Number Address
Name Kevin D. Hartford 551 N. Buckton Rd
Property # 91 3 4 Middletown, VA 22654
Name David G & Heather M Campbell 197 Larrick Lane
Property # 91 3 7 Middletown, VA 22654
Name Mark D & Katherine M Hawkins 17 4 Larrick Lane
Property#91 A 96K Middletown, VA 22645
Name Mark D & Katherine Hawkins 17 4 Larrick Lane
Property #91 61 2 4 Middletown, VA 22645
Name Steven J & Joni L Zee 122 Quincey Mill Ct
Property #91 61 2 3 Middletown, VA 22654
Name Robert Wayne Lemarr 132 Larrick Lane
Middletown, VA 22654 Property# 91 A 96C
Name Janet Smith
Property#
6
91-A-97 541 N. Buckton Road
Middletown, VA
22645
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Planning Commission
Agenda Item Detail
Meeting Date: July 5, 2023
Agenda Section: Information/Discussion
Title: Ordinance Amendment - Conversion of Allowed Uses to NAICS; Additions &
Deletions to Allowed Uses List - (Mr. Pearson)
Attachments:
PC07-05-23OA_ConversionofAllowedUsestoNAICS.pdf
49
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Planning Commission
FROM: M. Tyler Klein, AICP, Senior Planner
Mark Cheran, Zoning Administrator
Amy Feltner, Planner
SUBJECT: Ordinance Amendments – Conversion of Allowed Uses to NAICS; Additions &
Deletions to Allowed Uses List
DATE: June 20, 2023
Proposal:
There are two (2) proposals for consideration. They are not mutually exclusive; staff has separated the
proposals to ensure the potential changes outlined below in “Proposal B” do not get lost in the complexity
of “Proposal A.”
Proposal A: Conversion of Allowed Uses Terminology
The first proposal is to amend “Allowed Uses” tables contained in the planned development (Article V),
and business and industrial districts (Article VI) to update and convert the permitted uses terminology to
the North American Industry Classification System (NAICS) and remove reference to the Standard
Industrial Classification (SIC) in other sections the Zoning Ordinance.
The NAICS is an alternative system in classifying business establishments that is maintained and updated
on a regular basis by the Office of Management and Budget (OMB). The 2022 edition of the NAICS
classification system was reviewed by staff and used in drafting ordinance revisions to convert from SIC to
NAICS. As amended, the “Allowed Uses” list for each district was updated to reflect NAICS terminology
and to remove numeric SIC coding. A statement was added to the “Intent” section of each district specifying
how the Zoning Administrator may interpret use definitions, using those definitions provided through
NAICS resources. Given the broad impact this change will have on the Zoning Ordinance, the information
contained herein is limited only to the use tables impacted. The permitted uses list contained in the MS
(Medical Support) District was condensed into a single section with use group subsections removed to
provide additional clarity and remove duplicative uses. Other sections of the ordinance that reference SIC
have also been amended to ensure consistency throughout (for example the “Additional Regulations for
Specific Uses” section).
Proposal B: Additions & Deletions to the Allowed Uses List:
The second proposal is to add or remove specific uses from the business and industrial districts “Allowed
Uses” tables. Specific additions and deletions are detailed below for each district.
B1 (Neighborhood Business) District
“Car washes” were removed from the “Allowed Uses” list. This deletion was at the recommendation of the
Development Review and Regulations Committee (DRRC)
B2 (General Business) District
The following uses were added to the “Allowed Uses” list: Broadcasting and Content Providers,
50
PC Discussion
OA – Conversion to NAICS
June 20, 2023
Page 2
Automotive Oil Change and Lubrication Shops, and Technical and Trade Schools.
B3 (Industrial Transition) District
The following uses were added to the “Allowed Uses” list: Warehousing and Storage, Gasoline Stations
with or without Convenience Stores (and excluding Fuel Dealers), Professional, Scientific, and Technical
Services including Testing Laboratories including General Business Offices, Electronic Precision
Equipment Repair and Maintenance, Consumer Goods Rentals and Car, Truck, Utility Trailers, and RV
(Recreational Vehicle) Rental and Leasing.
TM (Technology-Manufacturing Park) District
The following uses were added to the “Allowed Uses” list: Storage Batteries and Primary Battery
Manufacturing.
M1 (Light Industrial) District
The following uses were added to the “Allowed Uses” list: Storage Batteries and Primary Battery
Manufacturing, and Waste Management & Remediation Services limited to glass, cardboard, and plastics
recycling and excluding incinerators.
M2 (Industrial General) District
Tractor truck and tractor truck trailer parking was moved from the “Conditional Uses” list to the “Allowed
Uses” list.
MS (Medical Support) District
No changes.
HE (Higher Education)
The permitted use list was expanded to include accessory and secondary uses typically associated in
conjunction with education campus settings, for example restaurants and retail uses.
EM (Extractive Mining) District
“Parks” was added to the “Permitted Uses” list.
Current Zoning Ordinance Standard:
The ordinance currently classifies industries using the Standard Industrial Classification System (SIC),
which was last updated in 1987. The SIC includes many uses that have outdated terminology and
definitions. Use of SIC presents a challenge to staff in making interpretations and determinations regarding
uses, especially for new and emerging industries.
Meeting Summary & Requested Action:
The Development Review and Regulations Committee (DRRC) met and discussed this item at their
February 23rd, March 23rd, and April 27, 2023, meetings. The primary discussion among the DRRC was
whether there were additional uses to be added to the permitted use list, or if specific uses should be
removed. The DRRC endorsed the proposed changes, including the additions outlined above and
specifically recommended the deletion of “car washes” from the B1 District. The committee expressed
support for the conversion of the “Allowed Uses” tables to NAICS, stating it made the ordinance more
“user friendly” to existing and potential new businesses and updated outdated industry terminology.
51
PC Discussion
OA – Conversion to NAICS
June 20, 2023
Page 3
The attached document shows the existing ordinance with the proposed changes in track changes for the
industrial and other planned zoning districts as drafted by Staff. Staff is seeking any comments from the
Planning Commission to forward to the Board of Supervisors for discussion on Proposal A
(Conversion of “Allowed Uses” Terminology”) and Proposal B (Additions & Deletions to “Allowed
Uses” List).
MTK/pd
Attachments: 1.B1 (Neighborhood Business) District – Clean copy
2.B1 District – Original (unedited)
3.B2 (General Business) District – Clean copy
4.B2 District – Original (unedited)
5.B3 (Industrial Transition) District – Clean copy
6.B3 District – Original (unedited)
7.M1 (Light Industrial) District – Clean copy
8.M1 District – Original (unedited)
9.M2 (General Industrial) District – Clean copy
10.M2 District – Original (unedited)
11.TM (Technology-Manufacturing Park) District – Clean copy
12.TM District – Original (unedited)
13.EM (Extractive Manufacturing) District – Clean copy
14.EM District – Original (unedited)
15.HE (Higher Education) District – Clean copy
16.HE District – Original (unedited)
17.MS (Medical Support) District – Clean Copy
18.MS District – Original (unedited)
19.Other Amendments – Redline with track changes
20.Current (Official) Zoning Map
52
Proposed Changes – B1 (Neighborhood Business) District
Revised May 19, 2023
Part 602
B1 Neighborhood Business District
[Amended 5-19-2023]
§165-602.01 Intent.
The intent of this district is to provide small business areas to serve the daily household needs of surrounding
residential neighborhoods. The North American Industry Classification System (NAICS) may be used to
assist the Zoning Administrator in classifying the permitted uses. Uses allowed primarily consist of limited
retailing, convenience, and personal service uses. Business uses in this district should be small in footprint
and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods.
§165-602.02 Allowed uses.
Uses allowed in the B1 Neighborhood Business District are as follows:
Allowed Uses
Veterinary services for animal specialties (excluding horses), with all activities and animals kept within a
fully enclosed primary structure
Miscellaneous Retail Stores including Food, Drug, Health, and Personal Care not to exceed 15,000 square
feet, excluding Fruit and Vegetable Stands
Offices of Real Estate, Finance, and Insurance
Personal and Laundry Services excluding Industrial Launderers
Death Care Services excluding cemeteries
Offices of Physicians, Dentists and Other Health Practitioners
Adult and Child Day-Care Facilities
Religious, Grantmaking, Civic, Professional, and Similar Organizations
Public Administration and Government Buildings, including fire and ambulance services
Public Utilities excluding power generating facilities
Residential uses which are accessory to allowed business uses
Parks
Food Services, Restaurants and Other Eating Places excluding drive-thru facilities.
Fitness and Recreational Sports Centers no larger than 10,000 square feet
53
Part 602
B1 Neighborhood Business District
[Amended 4-10-1991]
§ 165-602.01 Intent.
The intent of this district is to provide small business areas to serve the daily household needs of surrounding
residential neighborhoods. Uses allowed primarily consist of limited retailing and personal service uses.
Business uses in this district should be small in size and should not produce substantial vehicle traffic in
excess of what is usual in the residential neighborhoods.
§ 165-602.02 Allowed uses.
Uses allowed in the B1 Neighborhood Business District are as follows:
Allowed Uses Standard Industrial Classification (SIC)
Veterinary services for animal specialties (excluding horses),
with all activities and animals kept within a fully enclosed
primary structure [Added 5-27-2009]
0742
Food Stores 54
Apparel and accessory stores 56
Drugstores 591
Miscellaneous shopping goods stores 594
Finance, insurance and real estate offices -
Personal services, except the following: 72
Industrial launderers 7217
Funeral homes and crematories 726
Car washes 7542
Videotape rental 784
Medical offices 801, 802, 803 and 804
Day-care facilities [Amended 9-23-2001] -
Civic, social and fraternal organizations 864
Public Buildings -
Public utilities excluding energy-generating facilities
[Amended 1-8-2020]
-
54
Business signs -
Signs allowed in §165-201.06B
[Amended 2-13-2008
-
Freestanding building entrance signs
[Amended 2-13-2008]
-
Multi-Tenant complex signs
[Amended 2-13-2008]
-
Electronic message signs
[Amended 2-13-2008]
-
Residential uses which are accessory to allowed business uses -
Parks -
Churches -
Restaurants
[Added 12-9-1992]
5812
Art dealers, art supplies and art framing
[Added 4-26-1995]
-
Fire stations, companies and rescue squads
[Added 10-27-1999]
-
Tobacco stores
[Added 1-10-2001]
5993
Accounting, auditing and bookkeeping services
[Added 1-10-2001]
--
Health clubs no larger than 10,000 square feet
[Added 2-22-2006]
7991
55
Proposed Changes – B2 (General Business) District
Revised June 20, 2023
Part 603
B2 General Business District
[Amended 6-20-2023]
§ 165-603.01 Intent.
The intent of this district is to provide large areas for a variety of business, office and service uses. General
business areas are located on arterial highways at major intersections and at interchange areas. Businesses
allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant
basis other than that required for delivery of retail goods. General business areas should have direct access to
major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth
should be provided, and access should be properly controlled to promote safety and orderly development.
Nuisance factors are to be avoided. The North American Industry Classification System (NAICS) may be
used to assist the Zoning Administrator in classifying the permitted uses.
§ 165-603.02 Allowed uses.
Allowed uses shall be as follows:
Allowed Uses
Veterinary services with all activities and animals kept within the fully enclosed primary structure, excluding
livestock
Pet Care (excluding Veterinary) Services, with all activities and animals kept within fully enclosed primary
structure
Wired and Wireless Telecommunication Carriers (excluding Satellite)
Broadcasting and Content Providers
Building Materials and Garden Equipment Supplies Dealers
Retail Trade excluding Manufactured (Mobile Home) Dealers and Tire Dealers
Food and Beverage Retailers, excluding Fruit and Vegetable Stands
Motor Vehicle and Parts Dealers
Gasoline Stations with or without Convenience Stores, excluding Fuel Dealers
Automotive Oil Change and Lubrication Shops
Food Services, Restaurants and Other Eating Places
Offices of Real Estate, Finance, and Insurance
Hotels and Motels, Dormitories, Rooming/Boarding Houses, and Travelers accommodations excluding RV
Parks and Camps
Personal Care Services including Hair, Nail, Beauty Salon, and Barber Shops, excluding Escort Services;
Turkish Baths; and Steam Baths
Coin-Operated Laundries and Drycleaners
Death Care Services excluding Cemeteries
Professional, Scientific, and Technical Services, excluding the following: Outdoor Display Advertising,
Research and Development Services, and Test Laboratories including General Business Offices
56
Proposed Changes – B2 (General Business) District
Revised June 20, 2023
Services to Building and Dwellings including Pest Control, Janitorial Services, and Carpet Cleaning Services
excluding Landscape Service and Product Sterilization
Car washes
Personal and Household Goods Repair and Maintenance excluding Motorcycle Repair
Consumer Goods Rental excluding Lawn and Garden equipment
Movie Theaters, excluding Drive-In Theaters
Amusement, Arts, Gambling, and Recreation Industries excluding Amusement Parks, Theme Parks, and
Outdoor Shooting
Health Care Services including Skilled Nursing Facilities
Adult and Child Day-Care facilities
Model Homes Sales Offices
Self-Service Storage Facilities
Public Administration and Government Support Buildings, including Fire and Ambulance Services
Public Utilities excluding energy-generating facilities
Residential uses which are accessory to allowed business uses
Parks
Religious, Grantmaking, Civic, Professional, and Similar Organizations
Libraries
Household Appliances and Electrical and Electronic Goods Merchant Wholesalers excluding accessory
outdoor storage
Hardware, and Plumbing and Heating Equipment and Supplies Merchant Wholesalers excluding accessory
outdoor storage
Social Assistance Services excluding services that offer residential or housing accommodations
Technical and Trade Schools
57
Part 603
B2 General Business District
[Amended 8-8-1990; 6-11-1991; 6-8-1994; 7-10-1996; 2-26-1997; 8-13-1997]
§ 165-603.01 Intent.
The intent of this district is to provide large areas for a variety of business, office and service uses. General
business areas are located on arterial highways at major intersections and at interchange areas. Businesses
allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant
basis other than that required for delivery of retail goods. General business areas should have direct access to
major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth
should be provided, and access should be properly controlled to promote safety and orderly development.
Nuisance factors are to be avoided.
§ 165-603.02 Allowed uses.
Allowed uses shall be as follows:
Allowed Uses Standard Industrial
Classification (SIC)
Veterinary offices with all activities and animals kept within the fully
enclosed primary structure, excluding the following:
074
Veterinary services livestock 0741
Animal specialty services, except veterinary, with all activities and
animals kept within fully enclosed primary structure
[Added 1-10-21]
0752
Communication facilities and offices, including telephone, telegraph,
radio, television, and other communications, excluding the following.1
[Amended 8-24-2004]
48
Communications services, not elsewhere classified 4899
Paint, glass and wallpaper stores 523
Hardware stores 525
Retail nurseries and lawn and garden supply stores 526
General merchandise stores 53
Food stores, excluding the following:
[Amended 8-24-2004]
54
Fruit and vegetable stands 5431
Automotive dealers and gasoline service stations 55
Apparel and accessory stores 56
Home furniture, furnishings, and equipment stores 57
Restaurants 58
Miscellaneous retail, except for the following: 59
Fuel dealers 598
Flea markets, operated outdoors
[Amended 11-10-2010]
-
Finance, insurance and real estate offices -
Hotels and motels 701
Organization hotels and lodging 704
Personal services, including laundry and funeral services, excluding 72
58
the following:
Linen supply
[Added 8-24-2004]
7213
Dry cleaning plants
[Added 8-24-2004]
7216
Industrial launderers 7218
Escort services
[Added 8-24-2004]
7299
Turkish baths
[Added 8-24-2004]
7299
Steam baths
[Added 8-24-2004]
7299
Business Services, excluding the following: 73
Outdoor ad services
[Added 8-24-2004]
7312
Miscellaneous equipment rental 735
Automobile recovery service
[Added 8-24-2004]
7389
Automobile repossession service
[Added 8-24-2004]
7389
Exhibits building of by industrial contractors
[Added 8-24-2004]
7389
Filling of pressure containers (aerosol)
[Added 8-24-2004]
7389
Gas systems contract conversion from manufactured to natural gas
[Added 8-24-2004]
7389
Produce weighting service
[Added 8-24-2004]
7389
Product sterilization service
[Added 8-24-2004]
7389
Repossession services
[Added 8-24-2004]
7389
Salvaging of damaged merchandise not engaged in sales
[Added 8-24-2004]
7389
Scrap steel cutting
[Added 8-24-2004]
7389
Car washes 7542
Miscellaneous repair services, excluding the following:
[Added 8-24-2004]
76
Welding repair 7692
Agricultural equipment repair 7699
Blacksmith shops 7699
Boiler cleaning and repair 7699
Cesspool cleaning 7699
Coppersmithing 7699
Dental and medical instrument repair 7699
Engine repair 7699
Farm machinery and tractor repair 7699
Farriers 7699
Horseshoeing 7699
Industrial truck repair 7699
59
Laboratory instrument repair 7699
Machinery cleaning 7699
Measuring and controlling instrument repair; mechanical 7699
Motorcycle repair service
[Added 1-11-2017]
7699
Meteorological instrument repair 7699
Precision instrument repair 7699
Repair of optical instruments 7699
Repair of service station equipment 7699
Scale repair services 7699
Septic tank cleaning services 7699
Sewer cleaning services 7699
Surgical instrument repair 7699
Tank and boiler cleaning service 7699
Tank truck cleaning service 7699
Taxidermists 7699
Tinsmithing 7699
Motion picture theaters, except drive-in 7832
Videotape rental 784
Amusement and recreation services operated indoors 79
Golf driving ranges and miniature golf courses 7999
Health services 80
Legal services 81
Day-care facilities
[Amended 9-23-2020]
-
Membership organizations 86
Engineering, accounting, research, management and related services,
excluding the following:
[Amended 8-24-2004]
87
Testing laboratories 8734
General business offices -
Model home sales offices -
Self-service storage facilities -
Public buildings -
Public utilities excluding energy-generating facilities
[Amended 1-8-2020]
-
Business signs -
Signs allowed in §165-201.06B
[Amended 2-13-2008]
-
Freestanding building entrance signs
[Amended 2-13-2008]
-
Multi-tenant complex signs
[Added 2-13-2008]
-
Electronic message signs
[Added 2-13-2008]
-
Residential uses which are accessory to allowed business uses -
Parks -
Churches -
Libraries -
Electrical Supplies 506
Hardware and plumbing and heating equipment 507
60
Commercial batting cages operated outdoors -
Fire stations, companies and rescue squads -
Commercial sport and recreation clubs
[Added 10-25-2000]
-
Social services except for the following:
[Added 4-23-2003]
83
Residential care 83
[1]Editor’s Note: The entry for electric, gas and other utility facilities and offices, SIC No. 49, excluding
sanitary services, SIC No. 495, which immediately followed this entry, was repealed 8-24-2004.
§ 165-603.03 Conditional uses.
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Standard Industrial Classification
(SIC)
Adult retail uses meeting the minimum requirements of
this chapter, any conditions imposed by the Board of
Supervisors, and with the following minimum
conditions:
-----
(a)Such uses shall be located at least 2,500 feet
from the property line of existing adult retail
uses, schools, churches, parks, day-care
facilities and residential uses and districts.
(b)Such uses shall not be permitted in shopping
centers and/or multi-tenant buildings.
(c)All merchandise display areas shall be
limited to enclosed structures and shall not
be visible from the outside.
(d)Business signs shall not exceed a maximum
of 25 square feet. No wall- mounted signs or
window displays shall be permitted.
(e)Hours of operation shall be limited to
between 9:00 a.m. and 11:00 p.m.
61
Proposed Changes – B3 (Industrial Transition) District
Revised May 19, 2023
Part 604
B3 Industrial Transition District
[Amended 5-19-2023]
§ 165-604.01 Intent.
The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or
wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some
cases, such areas may be transitional, located between business and industrial areas. In these areas, there will
be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land
and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of
noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and
sufficient access. The North American Industry Classification System (NAICS) may be used to assist the
Zoning Administrator in classifying the permitted uses.
§165-604.02 Allowed uses.
Allowed uses are as follows:
Allowed Uses
Veterinary services with all activities and animals kept within the fully enclosed primary structure
excluding livestock.
Pet Care Services (excluding Veterinary), with all activities and animals kept within the fully enclosed
primary structure
Landscape and Horticultural Services
Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors
and Special Trade Contractors
Commercial Printing
Transit and Ground Passenger Transportation and related support activities
Truck Transportation and related support activities
Air Transportation and related support activities
Travel Arrangement and Reservation Services
Telecommunication Facilities and Offices, Broadcasting and Content Providers, including wired and
wireless telephone, radio, television, and other satellite communications.
Electric, Gas, and other utility facilities and offices excluding Sanitary Services
Warehousing and Storage
Advertising Specialties – wholesale
62
Proposed Changes – B3 (Industrial Transition) District
Revised May 19, 2023
Building Materials, Hardware, Garden Supply, and Retail Nurseries
Manufactured (Mobile) Home Dealers
Motor Vehicle and Parts Dealers
Gasoline Stations, with or without, Convenience Stores excluding Fuel Dealers
Wholesale Trade Businesses excluding livestock, farm products, mining and chemical storage
Food and Beverage Retailers
Food Services, Restaurants and Other Eating Places
Industrial Launderers, Dry-Cleaning and Laundry Services
Administrative and Support Services
Professional, Scientific, and Technical Services including Testing Laboratories and General Business
Offices
General Automotive, Motorcycle, and Truck Repair, Services and Parking
Personal and Household Goods Repair and Maintenance
Electronic Precision Equipment Repair and Maintenance
Movie Theaters, including Drive-In Theaters
Amusement, Arts, Gambling, and Recreation Industries excluding the following: Amusement Parks or
Theme Parks and Outdoor Shooting Ranges
Self-Service Storage Facilities
Vocational Schools (Technical, Trade, Business, Computer and Management Training)
Religious, Grantmaking, Civic, Professional, and Similar Organizations
General Business Offices
Model Home Sales
Accessory Retailing
Public Administration and Government Support Buildings, including fire and ambulance services
Public Utilities
Residential uses which are accessory to allowed business uses
Parks
Flex-Tech
Consumer Goods Rentals
Car, Truck, Utility Trailers, and RV (Recreational Vehicle) Rental and Leasing
63
Proposed Changes – B3 (Industrial Transition) District
Revised May 19, 2023
§165-604.03 Conditional uses.
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Tractor Truck and Tractor Truck Trailer Parking
64
Part 604
B3 Industrial Transition District
§ 165-604.01 Intent.
The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or
wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some
cases, such areas may be transitional, located between business and industrial areas. In these areas, there will
be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land
and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of
noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and
sufficient access.
§ 165-604.02 Allowed uses.
Allowed uses are as follows:
Allowed Uses Standard Industrial
Classification
(SIC)
Veterinary services with all activities and animals kept within the fully
enclosed primary structure [Amended 1-10-2001]
074
Animal specialty services, except veterinary, with all activities and
animals kept within the fully enclosed primary structure [Added 1-10-
2001]
752
Landscape and horticultural services 078
Offices and storage facilities for building construction contractors,
heavy construction contractors and special trade contractors
15, 16 and 17
Commercial printing 275
Local and suburban transit and interurban highway passenger
transportation
41
Motor freight transportation and warehousing 42
Transportation by air 45
Transportation services 47
Communication facilities and offices, including telephone, telegraph,
radio, television and other communications.
48
Electric, gas, and other utility facilities and offices and trucking and
warehousing, excluding the following:
49
Sanitary Services 495
Advertising specialties – wholesale [Added 8-24-2004] 5199
65
Building materials, hardware, garden supply, mobile home dealers and
retail nurseries
52
Automotive dealers and gasoline service station 55
Wholesale trade businesses -
Food Stores [Added 12-12-2007] 5411
Restaurants [Added 5-26-2004] 58
Laundry, dry-cleaning and garment services, excluding the following: 721
Coin-operated laundries 7215
Linen supply
[Added 8-24-2004]
7213
Dry-cleaning plants
[Added 8-24-2004]
7216
Business services 73
Automotive repair, services and parking 75
Miscellaneous repair services 76
Drive-in-motion picture theaters 7833
Amusement and recreation services operated indoors 79
Self-service storage facilities -
Vocational Schools 824
Business associations 861
Professional membership organizations 862
Labor unions and similar labor organizations 863
Engineering, accounting, research, management and related services 87
Testing laboratories
[Added 8-24-2004]
8734
General business offices -
Model home sales office -
Accessory retailing -
Public buildings -
66
Public utilities
[Amended 1-8-2020]
-
Business signs -
Signs allowed in § 165-201.06B
[Amended 2-13-2008]
-
Freestanding building entrance signs
[Amended 2-13-2008
-
Multi-tenant complex signs
[Added 2-13-2008]
-
Electronic message signs
[Added 2-13-2008]
-
Residential uses which are accessory to allowed business uses -
Parks -
Flex-Tech
[Added 2-11-1998]
-
Fire stations, companies and rescue squads
[Added 10-27-1999]
-
§165-604.03 Conditional uses.
[Added 5-12-2010]
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Standard Industrial Classification
(SIC)
Tractor truck and tractor truck trailer parking --
67
Proposed Changes – M1 (Light Industrial) District
Revised June 14, 2023
Part 606
M1 Light Industrial District
[Amended 6-14-2023]
§ 165-606.01 Intent.
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. The North American Industry Classification
System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.
§ 165-606.02 Allowed uses.
Allowed uses are as follows:
Allowed Uses
Landscape and Horticultural Services
Offices and Storage Facilities for Building Construction Contractors, Heavy Construction Contractors and
Special Trade Contractors
Food, Beverage, and Tobacco Manufacturing excluding Seafood Product Preparation and Packaging and
Animal Slaughtering and Processing
Textile Products and Textile Mill Products
Apparel Manufacturing
Veneer, Plywood, and Engineered Wood Product Manufacturing
Furniture and Related Production Manufacturing
Converted Paper Product Manufacturing
Printing, Publishing and Allied Industries
Pharmaceutical and Medicine Manufacturing
Plastics and Rubber Products Manufacturing including Footwear Manufacturing
Miscellaneous Manufacturing
Concrete Block and Brick and Related Products
Fabricated Metal Products Manufacturing, excluding Coating, Engraving and Allied Services,
68
Proposed Changes – M1 (Light Industrial) District
Revised June 14, 2023
Ammunition (except for small arms), Ordnance and Accessories.
Machinery Manufacturing and Computer & Electrical Product Manufacturing
Electrical Equipment, Appliance, and Component Manufacturing
Storage Batteries and Primary Battery Manufacturing
Transportation Equipment Manufacturing
Transit and Ground Passenger Transportation
Truck Transportation
Air Transportation
Travel Arrangement and Reservation Services
Telecommunication Facilities and Offices, Broadcasting and Content Providers, including wired and
wireless telephone, radio, television and other satellite communications.
Public Utilities
Wholesale Trade
Food Services, Restaurants, and Other Eating Places
Linen Supply and Drycleaning and Laundry Services except Coin Operated Laundries
Professional, Scientific and Technical Services, including Business Offices not providing services to the
general public on a primary basis
Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing
General Automotive, Motorcycle and Truck Repair, Services and Parking
Commercial and Industrial Machinery and Equipment Repair and Maintenance
Machinery Cleaning
Waste Management & Remediation Services limited to glass, carboard, and plastics recycling and
excluding incinerators.
Fabricated Metal Product Manufacturing
Technical and Trade Schools
Business, Professional, Labor, Political and Similar Organizations
69
Proposed Changes – M1 (Light Industrial) District
Revised June 14, 2023
§165-606.03 Conditional uses.
Uses permitted with a conditional use permit shall be as follows:
Public Administration and Government Support Buildings including Fire and Ambulance Services
Residential uses which are accessory to allowed business uses
Public Utilities
Parks
Regional Criminal Justice, Enforcement, and Detention Facilities
Truck or Fleet Maintenance Facilities
Self-Service Storage Facilities
Flex-Tech
Conditional Uses
Tractor Truck and Tractor Truck Trailer Parking
Fitness and Recreational Sports Centers
70
Part 606
M1 Light Industrial District
§ 165-606.01 Intent.
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. § 165-606.02 Allowed uses.
Allowed uses are as follows:
Allowed Uses Standard Industrial
Classification
(SIC)
Landscape and horticultural services 078
Offices and storage facilities for building construction contractors, heavy
construction contractors and special trade contractors
15, 16 and 17
Manufacturing as follows: --
Dairy products 202
Canned, frozen and preserved fruits, vegetables and soup mixes 203
Bakery products 205
Sugar and confectionary products 206
Beverages [Amended 8-12-2009] 208
Miscellaneous food preparations and products, excluding the following: 209
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 and similar material 23
Lumber and wood products, excluding the following: 24
Logging 241
Sawmills and planing mills 242
Wood preserving 2491
71
Furniture and fixtures 25
Paperboard containers and boxes 265
Converted paper and paperboard products, except containers and boxes 267
Printing, publishing and allied industries 27
Drugs 283
Rubber and miscellaneous plastic products 30
Concrete block and brick and related products 3271
Fabricated metal products, excluding the following [Amended 9-23-2009 34
Coating, engraving and allied services 347
Ammunition, except for small arms 3483
Ordnance and accessories, not elsewhere classified 3489
Industrial and commercial machinery and computer equipment 35
Electronics and other electrical equipment and components excluding the
following:
36
Lead acid batteries [Amended 5-12-2010] 3691
Primary batteries 3692
Transportation equipment 37
Measuring, analyzing and controlling instruments; photographic, medical and
optical goods; and watches and clocks
38
Miscellaneous manufacturing industries 39
Local and suburban transit and interurban highway passenger transportation 41
Motor freight transportation and warehousing 42
Transportation by air 45
Transportation services 47
Communication facilities and offices, including telephone, telegraph, radio,
television and other communications
48
Electric, gas and other utility facilities and offices and trucking and warehousing 49
72
[Amended 8-24-2004]
Wholesale trade --
Advertising specialties – wholesale [Added 8-24-2004] 5199
Restaurants 58
Linen supply [Added 8-24-2004 7213
Dry cleaning plants [Added 8-24-2004] 7216
Business services 73
Truck rental and leasing, without drivers [Added 2-7-1995] 7513
Automotive repair shops [Added 5-13-1992; amended 9-28-2011] 753
Welding repair [Added 8-24-2004] 7692
Agricultural equipment repair [Added 8-24-2004] 7699
Boiler cleaning and repair [Added 8-24-2004] 7699
Cesspool Cleaning 7699
Coppersmithing [Added 8-24-2004] 7699
Engine repair [Added 8-24-2004] 7699
Farm machinery and tractor repair [Added 8-24-2004] 7699
Industrial truck repair [Added 8-24-2004] 7699
Machinery cleaning [Added 8-24-2004] 7699
Measuring and controlling instrument repair; mechanical [Added 8-24-2004] 7699
Meteorological instrument repair [Added 8-24-2004] 7699
Motorcycle repair services [Added 1-11-2017] 7699
Precision instrument repair [Added 8-24-2004] 7699
Repair of optical instruments [Added 8-24-2004 7699
Repair of service station equipment [Added 8-24-2004] 7699
Scale repair service [Added 8-24-2004] 7699
73
Septic cleaning service [Added 8-24-2004] 7699
Sewer cleaning services [Added 8-24-2004] 7699
Tank and boiler cleaning service [ Added 8-24-2004] 7699
Tinsmithing [Added 8-24-2004]Fabricated Metal Product Manufacturing above 7699
Vocational schools 824
Business associations 861
Professional membership organizations 862
Labor unions and similar labor organizations 863
Engineering, accounting, research, management and related services 87
Testing laboratories [Added 8-24-2004] 8734
General business offices, including corporate, government or other offices not
providing services to the general public on a regular basis as the primary use
--
Accessory retailing --
Public Buildings --
Public utilities [Amended 1-8-2020] --
Business signs --
Signs allowed in § 165-201.06B [Amended 2-13-2008] --
Freestanding building entrance signs [Amended 2-13-2008] --
Multi-tenant complex signs [Amended 2-13-2008] --
Electronic message signs [Added 2-13-2008] --
Residential uses which are accessory to allowed business uses --
Parks --
Regional criminal justice, enforcement, and detention facilities for Frederick
County, Clarke County, and the City of Winchester
--
Industrial launderers [Added 6-9-1993] 7218
Truck or fleet maintenance facilities [Added 6-9-1993] --
74
§165-606.03 Conditional uses.
[Added 5-12-2010; amended 1-11-2017]
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Standard Industrial Classification
(SIC)
Tractor truck and tractor truck trailer parking --
Commercial recreation, indoor:*
•Professional sports clubs 7941
•Physical fitness facilities 7991
•Membership sports and recreation clubs 7997
•Amusement and recreation services (to
include only fitness and sports instruction
facilities)
7999
*This use will not be permissible in the M2 Zoning
District.
Self-service storage facilities [Added 12-11-1996] --
Flex-Tech [Added 2-11-1998] --
Fire stations, companies and rescue squads [Added 10-27-1999] --
75
Proposed Changes – M2 (Industrial General) District
Revised June 14, 2023
Part 607
M2 Industrial General District
[Amended 6-14-2023]
§ 165-607.01 Intent.
The intent of this district is to provide for a wide variety of heavy manufacturing, office and heavy traffic
uses, including those which may not be compatible with nearby residential and general business areas.
Performance controls are used to control potential nuisances, especially in relation to zoning district
boundaries. Such industrial areas shall be provided with safe and sufficient access. The North American
Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the
permitted uses.
§ 165-607-02 Allowed Uses.
Allowed Uses
All Uses Allowed in the M1 (Light Industrial) Zoning District
Food Manufacturing including Animal Slaughtering and Processing, Seafood Product Preparation and
Packaging, and Rendering and Meat Byproduct Processing
Logging
Wood Product Manufacturing
Pulp, Paper, and Paperboard Mills
Chemicals Manufacturing
Petroleum and Coal Products Manufacturing including Fuel Dealers
Leather and Allied Products Manufacturing
Concrete Block and Brick, Glass, and Related Products excluding Asbestos
Primary Steel Manufacturing
Coating, Engraving, Heat Treating, and Allied Activities
Ammunition, Ordinance and Accessory Manufacturing
Storage Batteries and Primary Battery Manufacturing
All Other Telecommunications
Public Utilities
Fuel Dealers
Specialty Contractors
76
Proposed Changes – M2 (Industrial General) District
Revised June 14, 2023
Junkyards and Auto Merchant Wholesalers
Waste Management & Remediation Services including incinerators
Tractor Truck and Tractor Truck Trailer Parking as primary use
77
Part 607
M2 Industrial General District
§165-607.01 Intent.
The intent of this district is to provide for a wide variety of manufacturing, commercial office and heavy
commercial uses, including those which may not be compatible with nearby residential and business areas.
Performance controls are used to control potential nuisances, especially in relation to zoning district
boundaries. Such industrial areas shall be provided with safe and sufficient access.
§ 165-607-02 Allowed Uses
Allowed Uses Standard Industrial
Classification
(SIC)
All uses allowed in the M1 Light Industrial District
Additional manufacturing as follows:
Meat products 201
Grain mill products 204
Fats and oils 207
Beverages, including alcoholic beverages 208
Canned and cured fish and seafood 2091
Fresh or frozen fish and seafood 2092
Tobacco products 21
Logging 241
Sawmills and planning mills 242
Wood preserving 2491
Paper and allied products 26
Chemicals and allied products 28
Petroleum refining and related industries 29
Leather and leather products 31
Stone, clay, glass and concrete products, excluding the following
[Added 7-9-1977]
32
Asbestos Products 3292
Primary metal industry 33
Coating, engraving and allied services 347
Ordinance and accessories 348
Storage batteries 3691
Primary batteries 3692
Communication services, not elsewhere classified
[Added 8-24-2004]
4899
Electric, gas, and sanitary services [Added 8-24-2004] 49
Fuel dealers 598
Gas systems contract conversion from manufactured to natural gas
[Added 8-24-2004]
7389
Automotive repair, services and parking 75
Junkyards and automobile graveyards --
Recycling operations --
78
§165-607.03 Conditional uses.
[Added 5-12-2010]
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Standard Industrial Classification
(SIC)
Tractor truck and tractor truck trailer parking --
Manufacturing or wholesaling of explosives --
Incinerators --
Steam power plants --
Heavy equipment storage yards --
79
Proposed Changes – TM (Technology-Manufacturing Park) District
Revised June 20, 2023
PART 605
TM Technology-Manufacturing Park District
[Amended 6-20-2023]
§ 165-605.01. Intent.
The TM District is designed to provide areas for Economic Development Authority
(EDA) targeted industries, data centers, offices, low-impact industrial, assembly, and
manufacturing uses. Uses are allowed which do not create significant noise beyond the
property line, smoke, dust or other hazards. This district shall be located in a business
campus-like setting with direct access to major transportation networks and/or rail
facilities and areas where there is availability and/or close-proximity to overhead
electrical transmission lines. Buildings should include attractive architectural features
utilizing high quality building materials comparable to brick, stone, and glass. The North
American Industry Classification System (NAICS) shall be used to assist the Zoning
Administrator in classifying the permitted uses.
§ 165-605.02. Permitted uses.
Permitted uses are as follows:
Permitted Uses
Food, Beverage, and Tobacco Manufacturing excluding Seafood Product Preparation
and Packaging and Animal Slaughtering and Processing
Furniture and Related Product Manufacturing
Converted Paper Product Manufacturing
Printing, Publishing and Allied Industries
Pharmaceutical and Medicine Manufacturing
Plastics and Rubber Products Manufacturing excluding Tire Manufacturing
Fabricated Metal Products Manufacturing, excluding the following: Engraving and
Allied Services, Ammunition, Ordnance and Accessories
Machinery Manufacturing and Computer and Electrical Product Manufacturing
Electrical Equipment, Appliance, and Component Manufacturing
Storage Batteries and Primary Battery Manufacturing
Aircraft Manufacturing
Guided Missiles and Space Vehicles Manufacturing
Miscellaneous Manufacturing
Telecommunication Facilities and Offices, Broadcasting and Content Providers,
80
Proposed Changes – TM (Technology-Manufacturing Park) District
Revised June 20, 2023
including wired and wireless telephone, radio, television and other satellite
communications.
Finance, Insurance, Legal and Offices of Real Estate
Professional, Scientific and Technical Services including Testing Laboratories
Health Care Services
Medical and Dental Laboratories
Technical and Trade Schools
Business, Professional, Labor, Political and Similar Organizations
Public Administration and Government Support Buildings
Public Utilities
Flex-Tech
§ 165-605.03. Secondary or accessory uses.
The following uses shall be permitted by right in the TM District but only in conjunction
with and secondary to a permitted principal use. All other uses not listed below,
permitted by right only in conjunction with and secondary to a permitted principal use, shall be
in accordance with §165-201.05.
Secondary Uses
Warehousing/Distribution up to 50% gross square footage (or up to 75% gross square
footage where served directly by rail)
§ 165-605.04. Design requirements.
A.Minimum size. No TM District rezoning shall be approved for less than 10
contiguous acres.
(1)There shall be no minimum lot size.
(2)There shall be no minimum lot width or depth.
B.Development standards. The following standards shall apply in the TM Park
District:
(1)Any building facing road rights-of-way shall be faced on all sides with durable,
materials, including but not limited to painted two-tone pre-cast concrete
panels.
(2)Loading docks or loading entrances shall be completely screened from view
from public streets and adjoining properties by a six (6) foot tall opaque
fencing, masonry walls, berms or a double row of evergreen tree plantings.
(3)Outdoor storage shall be limited to 35% of total lot area, be located outside of front
81
Proposed Changes – TM (Technology-Manufacturing Park) District
Revised June 20, 2023
setbacks, and shall be in conformance with §165-201.10.
C.The maximum structural height for office buildings shall not exceed 90 feet; the
height for all other uses shall be regulated by § 165-601.02 and §165-201.03.
D.The maximum structural height for automobile parking structures shall not exceed
70 feet.
E.Properties utilizing the TM Park District zoning shall not be required to complete a
master development plan prior to submission of a site plan.
82
PART 605
TM Technology-Manufacturing Park District
[Added 12-10-2008, Amended January 19, 2023]
§ 165-605.01. Intent.
The TM District is designed to provide areas for Economic Development Authority (EDA)
targeted industries, data centers, offices, low-impact industrial, assembly, and
manufacturing uses. Uses are allowed which do not create significant noise beyond the
property line, smoke, dust or other hazards. This district shall be located in a business
campus-like setting with direct access to major transportation networks and/or rail
facilities and areas where there is availability and/or close-proximity to overhead electrical
transmission lines. Buildings should include attractive architectural features utilizing high
quality building materials comparable to brick, stone, and glass.
§ 165-605.02. Permitted uses. [Amended 11-18-2009; 12-11-2019; 1-19-2023]
Permitted uses are as follows:
Permitted Uses
Standard
Industrial
Classification
(SIC)
Manufacturing as follows:
Dairy Products 202
Canned, frozen and preserved fruits, vegetables and
soup mixes 203
Bakery products 205
Sugar and confectionary products 206
Beverages 208
Miscellaneous food preparations and products,
excluding the following:
Canned and cured fish and seafood
Fresh or frozen fish and seafood
209
2091
2092
Furniture and related product manufacturing 25
Paperboard containers and boxes 265
83
Publishing industries 27
Pharmaceutical and medicine manufacturing 283
Rubber and miscellaneous plastics manufacturing 30
Excluding uses in italics:
Tires and inner tubes 3011
Fabricated metal products 34
Industrial and commercial machinery and computer
equipment manufacturing
35
Electronics and other electrical equipment and
components manufacturing
36
Aircraft and parts manufacturing 372
Guided Missiles, Space Vehicles, and Parts 376
Measuring, analyzing and controlling instruments;
photographic, medical and optical goods; and
watches and clocks
38
Miscellaneous manufacturing industries 39
Communications 48
Depository Institutions 60
Nondepository credit institutions 61
Security and commodity brokers, dealers, exchanges,
and services
62
Insurance carriers and services 63-64
Real estate 65
Holding and other investment offices 67
Business services 73
Doctors offices and clinics 801-804
Medical and dental laboratories 807
Legal services 81
Vocational schools 824
Business associations 861
84
§ 165-605.02 § 165-605.03
Permitted Uses
Standard Industrial
Classification
(SIC)
Professional membership organizations 862
Labor unions and similar labor organizations 863
Engineering, accounting, research management, and
related services
87
Public administration 91-97
General business offices, including corporate, or other
offices not providing services to the general public on a
regular basis as the primary use
---
Public utilities -
Flex-Tech, provided that at least one of the individual
user’s uses is a permitted use in this section.
-
Communication facilities and offices, including
telephone, telegraph, radio, television and other
communications
48
85
§ 165-605.03 § 165-605.03.1
§ 165-605.03. Secondary or accessory uses. [Amended 11-18-2009; 1-19-2023]
The following uses shall be permitted by right in the TM District but only in conjunction
with and secondary to a permitted principal use. All other uses not listed below,
permitted by right only in conjunction with and secondary to a permitted principle use, shall be
in accordance with §165-201.05.
Secondary Uses
Standard Industrial
Classification
(SIC)
Warehousing/Distribution up to 50% gross square
footage (or up to 75% gross square footage where
served directly by rail)
-
§ 165-605.04. Design requirements.
A.Minimum size. No TM District rezoning shall be approved for less than 10
contiguous acres.
(1)There shall be no minimum lot size.
(2)There shall be no minimum lot width or depth.
B.Development standards. The following standards shall apply in the TM Park
District:
(1)Any building facing road rights-of-way shall be faced on all sides with durable,
materials, including but not limited to painted two-tone pre-cast concrete
panels.
(2)Loading docks or loading entrances shall be completely screened from view
from public streets and adjoining properties by a six (6) foot tall opaque
fencing, masonry walls, berms or a double row of evergreen tree plantings.
(3)Outdoor storage shall be limited to 35% of total lot area, be located outside of front
setbacks, and shall be in conformance with §165-201.10.
C.The maximum structural height for office buildings shall not exceed 90 feet; the
height for all other uses shall be regulated by § 165-601.02 and §165-201.03.
]Added 11-18-2009]
D.The maximum structural height for automobile parking structures shall not exceed
70 feet. ]Added 11-18-2009]
E.Properties utilizing the TM Park District zoning shall not be required to complete a
master development plan prior to submission of a site plan.
86
Proposed Changes – EM (Extractive Mining) District
Revised May 19, 2023
Part 608
EM Extractive Manufacturing District
[Amended 5-19-2023]
§ 165-608.01 Intent.
The intent of the Extractive Manufacturing District is to provide for mining and related industries, all of
which rely on the extraction of natural resources. Provisions and performance standards are provided to
protect surrounding uses from adverse impacts. It is also the intent of Part 608 to avoid the encroachment of
incompatible uses on the borders of the EM District. The North American Industry Classification System
(NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.
§ 165-608.02 Permitted uses.
The following uses shall be permitted:
Farming, Agriculture, Orchards, Nurseries, Horticulture, Dairying, and Forestry
Public Utilities
Oil and Natural Gas Extraction. No Refining is allowed
Mining (except Oil and Gas)
Metal Ore Mining
Stone & Dimension Stone Mining and Quarrying
Crushed and Broken Limestone, Granite, and Other Stone Mining and Quarrying
Sand, Gravel, Clay, and Ceramic and Refractory Minerals Mining and Quarrying
Construction Sand Mining
Kaolin, Clay, and Ceramic Mineral Mining and Quarrying
Support Activities for Mining excluding Drilling Oil & Gas Wells
Nonmetallic Mineral Product Manufacturing excluding Asbestos
Parks
§165-608.03 Performance standards.
All uses shall conform to applicable state or federal regulations governing noise and vibration. The Zoning
Administrator may require the submission of a copy of data submitted to state or federal agencies pertaining
to these performance standards with the required site plan.
§ 165-608.04 Landscaping.
Appropriate landscaping or screening may be required by the Board of Supervisors within any required yard
setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse impacts.
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Proposed Changes – EM (Extractive Mining) District
Revised May 19, 2023
§ 165-608.05 Setback and yard requirements.
A.Front setback.
(1)All principle and accessory structures shall be set back 75 feet from any road, street or highway
right-of-way.
(2)Excavations shall be no closer than 100 feet from any road, street or highway right-of-way. The
Board of Supervisors may reduce the required front setback for excavation to 50 feet if it
determines that, through the use of measures, such as landscaping or screening, the effective
protection afforded to adjacent properties has not been reduced.
B.Side and rear setbacks. All principal and accessory structures shall be set back at least 25 feet from any
side or rear property boundary.
(1)No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or MH1.
The Board of Supervisors may reduce this required setback to 50 feet if it determines that, through
the use of measures, such as landscaping or screening, the effective protection afforded to adjacent
properties has not been reduced.
(2)Excavations shall be no closer than 100 feet from any property zoned RA, RP, R4, R5 or MH1. No
excavation shall be located closer than 200 feet from any dwelling or platted residential
subdivision.
(3)All crushing or screening machinery shall be set back at least 300 feet from any property boundary.
If such equipment is fully enclosed within a building which maintains the effective protection
afforded adjacent properties, the Board of Supervisors may reduce this yard requirement to a
minimum of 200 feet.
§ 165-608.06 Height limitations.
The maximum structure height shall be 45 feet. The Board of Supervisors may waive the forty-five-foot
height limitation, provided that it will not negatively impact adjacent uses. In order to consider the waiver,
the applicant must submit all information and adhere to requirements specified by § 165-204.28. In no case
shall any structure exceed 200 feet in height.
§ 165-608.07 Additional requirements.
All uses in the EM District must conform with all state, federal and local regulations. All mining operators
shall submit to the Zoning Administrator a copy of the operations plan required by state agencies with the
required site plan.
88
Proposed Changes – EM (Extractive Mining) District Revised April 7, 2023
Part 608
EM Extractive Manufacturing District
§ 165-608.01 Intent.
The intent of the Extractive Manufacturing District is to provide for mining and related industries, all of
which rely on the extraction of natural resources. Provisions and performance standards are provided to
protect surrounding uses from adverse impacts. It is also the intent of this Part 608 to avoid the encroachment
of incompatible uses on the borders of the EM District.
§ 165-608.02 Permitted uses.
The following uses shall be allowed:
A.Surface or subsurface mining of rock, metal and nonmetallic ores.
B.Oil and natural gas extraction and/or pumping, including storage of production produced on the site. No
refining is allowed.
C.Sand and gravel mining and processing.
D.Crushed stone operations.
E.Manufacture and processing of cement, lime and gypsum.
F.Asphalt and concrete mixing plants.
G.Brick, block and precast concrete products.
H.Farming, agriculture, orchards, nurseries, horticulture, dairying and forestry.
I.Accessory uses.
J.Business signs. [Amended 2-13-2008]
K.Public utilities. [Amended 1-8-2020]
L.Signs allowed in § 165-201.06B. [Added 2-13-2008]
M.Freestanding building entrance signs. [Added 2-13-2008]
§ 165-608.03 Performance standards.
All uses shall conform to applicable state or federal regulations governing noise and vibration. The Zoning
Administrator may require the submission of a copy of data submitted to state or federal agencies pertaining
to these performance standards with the required site plan.
§ 165-608.04 Landscaping.
[Amended 9-26-2012]
Appropriate landscaping or screening may be required by the Board of Supervisors within any required yard
setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse impacts.
§ 165-608.05 Setback and yard requirements.
A.Front setback.
(1)All principle and accessory structures shall be set back 75 feet from any road, street or highway right-of-
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Proposed Changes – EM (Extractive Mining) District Revised April 7, 2023
way.
(2)Excavations shall be no closer than 100 feet from any road, street or highway right-of-way. The Board
of Supervisors may reduce the required front setback for excavation to 50 feet if it determines that,
through the use of measures, such as landscaping or screening, the effective protection afforded to
adjacent properties has not been reduced. [Amended 11-14-2012]
B.Side and rear setbacks. All principal and accessory structures shall be set back at least 25 feet from any
side or rear property boundary. [Amended 11-14-2012]
(1)No structure shall be closer than 100 feet from any property line zoned RA, RP, R4, R5 or MH1. The
Board of Supervisors may reduce this required setback to 50 feet if it determines that, through the use of
measures, such as landscaping or screening, the effective protection afforded to adjacent properties has
not been reduced.
(2)Excavations shall be no closer than 100 feet from any property zoned RA, RP, R4, R5 or MH1. No
excavation shall be located closer than 200 feet from any dwelling or platted residential subdivision.
(3)All crushing or screening machinery shall be set back at least 300 feet from any property boundary. If
such equipment is fully enclosed within a building which maintains the effective protection afforded
adjacent properties, the Board of Supervisors may reduce this yard requirement to a minimum of 200
feet.
§ 165-608.06 Height limitations.
[Amended 11-13-2013]
The maximum structure height shall be 45 feet. The Board of Supervisors may waive the forty-five-foot
height limitation, provided that it will not negatively impact adjacent uses. In order to consider the waiver,
the applicant must submit all information and adhere to requirements specified by § 165-204.28. In no case
shall any structure exceed 200 feet in height.
§ 165-608.07 Additional requirements.
All uses in the EM District must conform with all state, federal and local regulations. All mining operators
shall submit to the Zoning Administrator a copy of the operations plan required by state agencies with the
required site plan.
90
Proposed Changes – HE (Higher Education) District
Revised May 31, 2023
Part 606
HE (Higher Education) District
[Amended 5-31-2023]
§165-609.01 Intent.
The HE Higher Education District is intended to permit institutions of higher education in appropriate areas.
It is intended that uses in this district be properly separated from different uses in adjoining districts. The
North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in
classifying the permitted uses.
§ 165-609.02 Permitted uses.
Structures to be erected or land to be used shall be for one or more of the following uses:
Permitted Uses
Colleges, Universities, and Professional Schools
Public Utilities excluding Energy-Generating Facilities
Wired and Wireless Telecommunication Carriers (excluding Satellite)
Food and Beverage Retailers excluding Fruit and Vegetable Stands and Vending Machine Operators
Food Services and Drinking Places excluding Mobile Food Services
Health and Personal Care Retailers
Miscellaneous Retailers limited to Bookstores
Hotel and Motels, including Rooming and Boarding Houses, and Dormitories; excluding Workers Camps
Coin Operated Laundries, Drycleaners, and Linen Supplies
Personal Care Services
Photocopying and duplicating services
Physical fitness facilities
Civic and Social Organizations
Adult day-care centers
Child day-care services
Places of Religious Worship
Wellness Centers (as defined)
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Proposed Changes – HE (Higher Education) District
Revised May 31, 2023
Parks
Postal Services
§165-609.03 Yard and design requirements.
A.Structures shall be located 50 feet from any primary or arterial highway and 35 feet from any collector
or minor street.
B.The minimum side yard for all structures shall be 15 feet. An additional foot from the side yard
boundary shall be added to the minimum side yard setback for every foot that the height of the structure
exceeds 45 feet when the adjacent use is single-family residences.
C.The minimum rear yard for all structures shall be 25 feet. An additional foot from the rear yard
boundary shall be added to the minimum rear yard setback for every foot that the height of the structure
exceeds 45 feet when the adjacent use is single-family residences.
D.There shall be no minimum lot size or minimum lot width or depth.
E.Maximum floor area to lot area ratio (FAR) shall be 2.0.
F.Minimum landscaped area (percentage of lot area) shall be 25%.
§ 165-609.04 Buffers and screening.
A.The Zoning Administrator may require buffers, as defined in § 165-203.02A of this chapter, on lots
which abut land in any residential district or land in other zoning districts which are predominantly
residential in nature. The size and content of the buffers shall be based on the amount of separation
needed.
B.The Zoning Administrator may require landscaped screens or full landscaping, as defined by § 165-
203.02B of this chapter, to separate uses in this district from adjoining residential uses and to achieve
the intentions of this chapter.
§ 165-609.05 Height limitations.
The maximum structure height shall be 45 feet. The Board of Supervisors may waive the forty-five-foot
height limitation, provided that it will not negatively impact adjacent residential uses. In considering the
height waiver, the Board of Supervisors may require architectural renderings that demonstrate potential
impacts on adjacent residential uses. In no case shall any structure exceed 75 feet in height.
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Part 606
HE (Higher Education) District
[]
§165-609.01 Intent.
The HE Higher Education District is intended to permit institutions of higher education in appropriate areas.
It is intended that uses in this district be properly separated from different uses in adjoining districts.
§ 165-609.02 Permitted uses.
Structures to be erected or land to be used shall be for one or more of the following uses:
A.Institutions of higher education.
B.Public utilities excluding energy-generating facilities. [Amended 1-8-2020]
C.Accessory uses and structures.
D.Off-street parking and loading.
E.Business signs. [Amended 2-13-2008]
F.Signs allowed in § 165-201.06B. [Added 2-13-2008]
G.Freestanding building entrance signs. [Added 2-13-2008]
H.Communication facilities and offices, including telephone, telegraph, radio, television and other
communications. [Added 12-11-2019]
§ 165-609.03 Yard and design requirements.
[Amended 5-12-2010]
A.Structures shall be located 50 feet from any primary or arterial highway and 35 feet from any collector
or minor street.
B.The minimum side yard for all structures shall be 15 feet. An additional foot from the side yard
boundary shall be added to the minimum side yard setback for every foot that the height of the structure
exceeds 45 feet when the adjacent use is single-family residences.
C.The minimum rear yard for all structures shall be 25 feet. An additional foot from the rear yard
boundary shall be added to the minimum rear yard setback for every foot that the height of the structure
exceeds 45 feet when the adjacent use is single-family residences.
D.There shall be no minimum lot size or minimum lot width or depth.
E.Maximum floor area to lot area ratio (FAR) shall be 2.0.
F.Minimum landscaped area (percentage of lot area) shall be 25%.
§ 165-609.04 Buffers and screening.
[Amended 5-12-2010; 9-26-2012]
A.The Zoning Administrator may require buffers, as defined in § 165-203.02A of this chapter, on lots
which abut land in any residential district or land in other zoning districts which are predominantly
93
residential in nature. The size and content of the buffers shall be based on the amount of separation
needed.
B.The Zoning Administrator may require landscaped screens or full landscaping, as defined by § 165-
203.02B of this chapter, to separate uses in this district from adjoining residential uses and to achieve
the intentions of this chapter.
§ 165-609.05 Height limitations.
[Amended 5-12-2010]
The maximum structure height shall be 45 feet. The Board of Supervisors may waive the forty-five-foot
height limitation, provided that it will not negatively impact adjacent residential uses. In considering the
height waiver, the Board of Supervisors may require architectural renderings that demonstrate potential
impacts on adjacent residential uses. In no case shall any structure exceed 75 feet in height.
94
Proposed Changes – MS District
Revised May 19, 2023
Part 504
MS (Medical Support) District
[Amended 5-19-2023]
§ 165-504.01 Intent.
The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers,
medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support
services and related residential land uses to be within close proximity of each other to provide for
professional and patient convenience. All land to be contained within the Medical Support District shall be
included within a master development plan to ensure that land uses are compatibly mixed, designed in a
harmonious fashion, and developed to minimize adverse impacts to adjoining properties. The North
American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in
classifying the permitted uses.
§ 165-504.02 Permitted uses.
A.All land uses shall be developed in accordance with an approved master development plan that meets
the criteria in Article VIII of this chapter.
B.Structures are to be erected or land used for one or more of the identified uses.
Permitted Uses
Colleges, Universities, Professional Schools, and Junior Colleges
Libraries
Pharmaceutical and Medicine Manufacturing
Scientific Research and Development Services including Testing Agencies
Food and Beverage Retailers excluding Fruit and Vegetable Stands and Vending Machine Operators
Food Services and Drinking Places excluding Mobile Food Services
Health and Personal Care Retailers
Miscellaneous Retailers limited to Bookstores, News Stands/Dealers, Stationary Stores, Gift Shops,
Florists, and Uniform Stores
Finance and Insurance, Holding, and Office of Real Estate
Hotel and Motels, including Rooming and Boarding Houses, and Dormitories; excluding Workers
Camps
Coin Operated Laundries, Drycleaners, and Linen Supplies
Personal Care Services
Photocopying and duplicating services
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Proposed Changes – MS District
Revised April 7, 2023
Medical equipment rental and leasing
Data entry, data processing, data verification, and optical scanning data services
Product sterilization services
Electronic & Precision Equipment Repair and Maintenance
Physical fitness facilities
Civic and Social Organizations
Ambulatory Health Care Services, Hospitals, Nursing and Residential Care Facilities
Adult day-care centers
Child day-care services
Public buildings, including Social Service Offices
Pharmaceutical Machinery Manufacturing
Medical Equipment and Supplies Manufacturing
Medical, Dental, and Hospital Equipment Merchant Wholesalers
Ophthalmic Goods Merchant Wholesaler
Drugs & Druggists’ Sundries Merchant Wholesalers
Dormitories, Medical and Allied Health (as defined)
Halfway House (as defined)
Treatment Home (as defined)
Family Care Home (as defined)
Group Home (as defined)
Protected Populations Home (as defined)
Places of Religious Worship
Fire Protection
Conference/Event Centers (as defined)
Fleet Maintenance Facility
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Proposed Changes – MS District
Revised April 7, 2023
On-site Utility Systems (as defined
Telecommunications Towers and Facilities (as defined)
Warehousing, Medical and Allied Health Services (as defined)
Wellness Centers (as defined)
(a) Residential care facilities may consist of any of the following residential structures: single-family small
lot, duplex, multiplex, atrium house or garden apartments.
(b)Residential care facilities may include home occupations (as defined).
(c) Residential care facilities must conform to the following performance standards:
1 Maximum residential density shall not exceed 10 units per acre, provided the following:
[a]Single-family detached and single-family attached residential structures having individual
access shall have an average lot area of 3,000 square feet per dwelling unit.
[b]All other residential land uses shall provide a minimum of 1,000 square feet of average lot
area per bedroom.
[2]The residential care facilities must consist of residential units which provide all of the following for
its residents: independent-living facilities, congregate-care assisted-living facilities, and nursing
home care.
[3] Occupancy of the dwelling units is restricted to older persons [as such term is used in the definition
of "housing for older persons" in § 36-96.7 of the code of Virginia (1950, as amended)], with the
following exceptions:
[a]The spouse of a resident, regardless of age; and
[b]The child of a resident, provided that the child requires convalescent care, regardless of the
age of the child; and
[c]Resident staff necessary for operation of the facility are also allowed to live on site.
[4]The communities may provide ancillary services and facilities, such as, but not limited to,
transportation, a common dining room and kitchen, recreation area, meeting or activity rooms, library,
chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care
of the residents. Such facilities must be conveniently located in relation to the remainder of the
development, particularly the dwelling units; they must not be externally advertised. The Board of
Supervisors may restrict their use to residents and staff only.
§ 165-504.03 District area, floor-to-area ratios and residential gross densities.
A.All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These
parcels shall be required to receive approval of a master development plan which meets all applicable
requirements of Article VIII of this chapter.
B.Parcels that are less than 20 acres in size that are contiguous to a master-planned MS (Medical Support)
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Proposed Changes – MS District
Revised April 7, 2023
District development, including those parcels that are directly across public rights-of-way to a master-
planned MS (Medical Support) District development, may be rezoned to the MS District.
C.The Board of Supervisors may provide for the administrative approval of a parcel subdivision which
fronts on private street systems during the master development plan review process.
D.Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under
§165-504.02B, Educational support services, shall be allowed to develop a maximum floor-to-area ratio
(FAR) of two. The maximum FAR shall be based on the total site area for a master-planned MS
(Medical Support) District development that is to be developed as one parcel, or for the total site area of
individual parcels in the development that are subdivided for development purposes.
E.All permitted land uses other than those described in § 165-504.03B providing support services to this
district shall be allowed to develop a maximum floor-to-area ratio (FAR) of one. The maximum FAR
shall be determined as described in § 165-504.03D.
F.The overall gross densities for permitted land uses identified in § 165-504.02B shall be calculated as
described under this subsection:
(1)Single-family detached and single-family attached residential structures having individual access
may have a minimum lot size or average lot area of 3,000 square feet per dwelling unit.
(2)All other related residential land uses shall provide a minimum of 1,000 square feet of lot size or
average lot area per bedroom.
§ 165-504.04 Access regulations.
A.All land uses permitted in this Part 504 shall be served by street systems that are constructed to the
geometric design standards for urban collector streets and urban local streets. Such street systems may
be private or may be dedicated to Frederick County for eventual acceptance into the state secondary
road system.
B.Parcels that contain portions of collector street systems that are intended to continue through to other
parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to
applicable state secondary road standards and shall be dedicated to Frederick County for eventual
acceptance into the state secondary road system.
C.Commercial entrances for permitted support services and entrances for related residential developments
on urban collector streets shall have a minimum spacing requirement of 250 feet or minimum VDOT
spacing, whichever is greater, between entrances.
D.Commercial entrances for permitted support services and entrances for related residential developments
shall have a minimum spacing requirement satisfying VDOT spacing standards, , from street
intersections to provide for adequate vehicle stacking.
E.Driveways serving individual related residential land uses shall only be permitted along urban local
streets.
F.All permitted land uses shall be designed to provide for internal traffic circulation and interparcel
connectors to adjoining land uses to provide for access between uses without entering onto urban
collector streets. The Zoning Administrator may grant a waiver to this requirement if topographic
constraints or land use conflicts prevent interparcel connectivity or make it undesirable.
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Proposed Changes – MS District
Revised April 7, 2023
§ 165-504.05 Structure and parking lot setback regulations.
A.All permitted educational, research, professional, commercial, and other related support services shall
have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard
setback of 35 feet from any urban local street.
B.All permitted related residential uses and continuing care retirement communities shall have a minimum
front yard setback of 25 feet from any public urban local street and a front yard setback of 20 feet from
any private urban local road. On residential units utilizing a rear alley for access, the setback off of a
private road may be reduced by 10 feet, provided there are not driveways on the private road to the
residential unit. Structural front yard setbacks from private roads shall be measured from the edge of the
access easement.
C.Residential housing units within a continuing-care retirement community, to include single-family small
lot, duplex and multiplex, shall have a minimum building spacing of 10 feet between units and no
building can be within 50 feet of the perimeter boundary of the development, provided that all
requirements of § 165-504.07 have been satisfied.
D.All permitted support services and related residential land uses other than those described in § 165-
504.05C are not proposed to have minimum side or rear yard setbacks. Individual parcels which are
designed to have structures placed on a side or rear property line shall be provided with a maintenance
easement on the adjoining parcel that is a minimum of 10 feet in width.
E.Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a
minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed
parcels.
F.Parking lots located between the urban collector street and the building front shall be developed to
include an earth berm or natural topography that is a minimum of three feet in height above the finished
grade developed at a slope of 3:1. Evergreen shrubbery that is a minimum of two feet in height at the
time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear
feet. This element shall begin at the street right-of-way and end at the beginning of the parking lot.
Parking lots located between the urban local street and the building front shall be developed to the
standards set forth in § 165-202.01 of this chapter.
G.Parcels which are designed to have parking lots located behind the building may have a reduced front
yard setback of 20 feet from any urban collector street and 15 feet from any urban local street.
§ 165-504.06 Height regulations.
A.The maximum structural height for hospitals, office buildings, and all land use permitted under § 165-
504.02B, shall be 90 feet.
B.The maximum structural height for residential care facilities, nursing and personal care facilities,
dormitories, garden apartments and automobile parking structures shall be 70 feet.
C.The maximum structural height for all other land uses permitted in this Part 504 shall be 35 feet.
D.Structural setbacks for all land uses permitted under § 165-504.06A and 165-504.06B shall be increased
one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall
be measured as follows:
(1)From the minimum front yard setback established along urban collector streets and urban local
streets for a master-planned MS (Medical Support) District development that is to be developed as
one parcel, or from the minimum front, side, and rear yards of individual parcels that are
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Proposed Changes – MS District
Revised April 7, 2023
subdivided for development purposes.
(2)From any required buffer area for a master-planned MS (Medical Support) District that is to be
developed as one parcel, or for individual parcels that are subdivided for development purposes.
(3)From the minimum building separation distance established between residential and nonresidential
land uses.
E.A clear zone void of structures, signage, vegetation, and berms shall be established in areas determined
by the Fire Marshal to ensure appropriate emergency access for all land uses permitted under § 165-
504.06A and 165-504.06B. These identified areas shall begin at a distance of 25 feet from the structure
and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to
establish required clear zone areas if they cannot be provided on the individual lot proposed for
development.
§ 165-504.07 Open space, landscaped area, and buffer and screening regulations.
A.The minimum open space percentage for the MS (Medical Support) District shall include:
(1)Twenty percent of the overall gross area of a master-planned MS (Medical Support) District that is
to be developed as one parcel.
(2)Twenty-five percent of the total site area of individual parcels that are subdivided for support
services and 30% of the total site area of individual parcels that are subdivided for related
residential land uses.
B.All open space areas shall be landscaped to provide for a grass cover and vegetative elements as
required under § 165-202.01D(13), regarding parking lot landscaping, and § 165-203.02, Buffer and
screening requirements, of this chapter. Minimum standards for required vegetative elements include
two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities
and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open
space percentage.
C.Buffer and screening requirements for the MS (Medical Support) District shall include:
(1)Master development planned area that is to be developed as one parcel.
(a)A fifty-foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area,
measured from the adjoining property line, shall provide vegetative plantings, including a
single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of
planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two-
inch caliper at the time of planting. An earth berm that is four feet in height and constructed
on a slope of 3:1 shall be provided in addition to the vegetative plantings if the primary use of
the adjoining property is residential. Parking and maneuvering areas may be established
within the remainder of the buffer area, provided that all requirements of § 165-202.01D(13),
regarding parking lot landscaping, are met.
(b) A fifty-foot internal separation buffer between all support service land uses and related
residential land uses meeting the vegetative planting and earth berm requirements specified in
§165-504.07C(1)(a) of this Part 504.
(c) An internal residential separation buffer between detached, semi-detached, and all other
related residential land uses containing a twenty-five-foot buffer with a single row of
evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting.
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Proposed Changes – MS District
Revised April 7, 2023
(d)Continuing-care retirement communities (as defined) shall be exempt from internal separation
and internal residential separation buffers.
(2)Master development planned area that is to be developed as individual parcels.
(a)Buffer and screening requirements between all land uses which are not contained within the
same categories identified in § 165-504.02B of this Part 504.
(b)All land uses required to provide buffers and screening internal to the MS (Medical Support)
District shall meet the requirements of a B Category buffer as described in § 165-203.02 of
this chapter; as well as all other applicable provisions of this section.
(3)All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for
agricultural activities shall provide the following buffers:
(a)A one-hundred-foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural
land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary
use is not residential or orchard. A twenty-foot landscaped easement, measured from the
adjoining property line, shall be provided which contains a single row of evergreen trees on
ten-foot centers that are a minimum of four feet at the time of planting and an earth berm that
is three feet in height and constructed on a slope of 3:1. Parking and maneuvering areas may
be established within the remainder of the buffer area, provided that all requirements of § 165-
202.01D(13), regarding parking lot landscaping, are met.
(b)A two-hundred-foot buffer adjacent to a parcel whose primary use is orchard. A forty-foot
landscaped easement, measured from the adjoining property line, shall be provided which
contains a double row of evergreen trees on ten-foot centers that are a minimum of four feet at
the time of planting and an earth berm that is six feet in height and constructed on a slope of
3:1. Parking and maneuvering areas may be established within the remainder of the buffer
area, provided that all requirements of § 165-202.01D(13), regarding parking lot landscaping,
are met.
(4)A road efficiency buffer meeting the requirements § 165-203.02E of this chapter shall be provided
for all related residential land uses permitted in § 165-504.02B(5) of this Part 504.
101
Part 504
MS (Medical Support) District
[]
§ 165-504.01 Intent.
The MS (Medical Support) District is intended to provide for areas to support hospitals, medical centers,
medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support
services and related residential land uses to be within close proximity of each other to provide for
professional and patient convenience. All land to be contained within the Medical Support District shall be
included within a master development plan to ensure that land uses are compatibly mixed, designed in a
harmonious fashion, and developed to minimize adverse impacts to adjoining properties.
§ 165-504.02 Permitted uses.
A.All land uses shall be developed in accordance with an approved master development plan that meets
the criteria in Article VIII of this chapter.
B.Structures are to be erected or land used for one or more of the identified uses. The permitted uses are
identified by Standard Industrial Classification. All uses described by Standard Industrial Classification
are allowed only if the major group, industry group number, or industry number general group titles are
used.
(1)Educational support services:
Allowed Uses
Colleges, universities, professional schools, and junior colleges
Standard Industrial
Classification (SIC)
822
Libraries 823
Nursing schools, practical 8249
(2)Research support services:
Allowed Uses Standard Industrial
Classification (SIC)
Research and development facilities for Drugs 283
Commercial physical and biological research 8731
Noncommercial research and organizations 8733
Testing Laboratories 8734
(3)Professional and commercial support services.
102
Allowed Uses Standard Industrial
Classification (SIC)
Convenience stores 5411
Retail bakeries 546
Coffee Stores, health food stores and vitamin stores 5499
Retail uniform stores 5699
Eating places 5812
Drug stores and proprietary stores 591
Bookstores 5942
Stationary stores 5943
Gift shops, greeting card shops, and balloon shops 5947
Florists 5992
New dealers and news stands 5994
Optical goods stores 5995
Orthopedic and artificial limb stores 5999
Commercial banks [Added 7-23-2008] 602
Credit unions [Added 7-23-2008] 606
Life insurance offices 6311
Accident and health insurance offices 6321
Hospital and medical service plans office 6324
Pension, health and welfare funds offices 6371
Insurance agency, brokers and service offices 1 6411
Real estate agents and managers offices 6531
Holding offices 671
Hotels and motels 701
1 Editor’s Note: The entry providing for operators of nonresidential buildings, which immediately followed this entry, was
repealed 7-23-2008 103
Organizational hotels and lodging houses 704
Garment pressing and agents for laundries and dry cleaners 7212
Linen supplies 7213
Beauty Shops 7231
Barbershops 7241
Photocopying and duplicating services 7334
Medical equipment rental and leasing 7352
Data entry, data processing, data verification, and optical scanning data
services
7374
Product sterilization services 7389
Hearing aid repair and medical equipment repair, electrical 7629
Dental instrument repair, laboratory instrument repair, medical equipment
repair except electric microscope repair, optical instrument repair,
scientific instrument repair, except electric, and surgical instrument repair
7699
Physical fitness facilities 7991
Membership sports and recreation clubs 7997
Offices and clinics of doctors and dentists 801-804
Hospitals 806
Medical laboratories 8071
Dental laboratories 8072
Miscellaneous health and allied services 809
Adult day-care centers [Added 7-23-2008] 8322
Child day-care services 8351
Public buildings, including the following
Social services offices
Free medical clinics
(4)Manufacturing and wholesaling support services:
104
Allowed Uses Standard Industrial
Classification (SIC)
Pharmaceutical machinery 3559
Surgical, medical, and dental instruments and supplies 384
Ophthalmic goods 385
Medical, dental, and hospital equipment and supplies 5047
Ophthalmic goods 5048
Laboratory equipment, except medical and dental 5049
Drugs, drug proprietaries, and druggist sundries 512
(a)All permitted manufacturing and wholesaling support services shall meet the flex-tech
performance standards as identified in § 165-204.06C of this chapter.
(b)All outdoor lighting fixtures designed to illuminate parking lots, loading bay areas, maneuvering
areas, staging areas, and outdoor storage areas shall be shielded to direct light downward.
(5)Related residential uses to support hospitals, medical centers, medical offices, clinics and schools of
medicine: [Amended 7-23-2008]
Allowed Uses Standard Industrial
Classification (SIC)
Operators of apartment buildings 6513
Operators of dwellings other than apartment buildings 6514
Dormitories, commercially operated 7021
Nursing and personal care facilities 805
Residential care facilities 836
Dormitories, medical and allied health (As defined)
Halfway house (As defined)
Treatment home [Amended 6-13-20122 2](As defined)
Family care home (As defined)
2 Editor’s Note: This ordinance also repealed “drug treatment home,” which immediately followed this use. 105
Group home (As defined)
Protected population home (As defined)
(6)Other related uses:
Allowed Uses Standard Industrial
Classification (SIC)
Ambulance service, road and vanpool operations 4119
Ambulance service, air 4522
Automobile parking 7521
Churches 8661
Fire protection 9224
Conference/events center (As defined)
Fleet maintenance facility, medical and allied health (As defined)
On-site utility systems (As defined)
Telecommunications towers and facilities (As defined)
Warehousing, medical and allied health services (As defined)
Wellness centers (As defined)
(7)Continuing-care retirement communities. [Added 7-23-2008]
Allowed Uses Standard Industrial
Classification (SIC)
Operators of apartment buildings 6513
Operators of dwellings other than apartment buildings 6514
Nursing and personal care facilities 805
Residential care facilities 836
(a)Independent-living facilities (as defined) may consist of any of the following residential structures:
single-family small lot, duplex, multiplex, atrium house or garden apartments.
106
(b)Home occupations (as defined).
(c)Continuing-care retirement communities (as defined) must conform to the following performance
standards:
[1]All continuing-care retirement communities must be within a two-mile radius from the center of the
Route 37 Medical Center Interchange.
[2]Maximum residential density shall not exceed 10 units per acre, provided the following:
[a]Single-family detached and single-family attached residential structures having individual access shall
have an average lot area of 3,000 square feet per dwelling unit.
[b]All other residential land uses shall provide a minimum of 1,000 square feet of average lot area per
bedroom.
[3]The continuing-care retirement community must consist of residential units which provide all of the
following for its residents: independent-living facilities, congregate-care assisted-living facilities, and
nursing home care.
[4]Occupancy of the dwelling units is restricted to older persons [as such term is used in the definition of
"housing for older persons" in § 36-96.7 of the code of Virginia (1950, as amended)], with the following
exceptions:
[a]The spouse of a resident, regardless of age; and
[b]The child of a resident, provided that the child requires convalescent care, regardless of the age of the
child; and
[c]Resident staff necessary for operation of the facility are also allowed to live on site.
[5]The communities may provide ancillary services and facilities, such as, but not limited to,
transportation, a common dining room and kitchen, recreation area, meeting or activity rooms, library,
chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care
of the residents. Such facilities must be conveniently located in relation to the remainder of the
development, particularly the dwelling units; they must not be externally advertised. The Board of
Supervisors may restrict their use to residents and staff only.
§ 165-504.03 District area, floor-to-area ratios and residential gross densities.
A.All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These
parcels shall be required to receive approval of a master development plan which meets all applicable
requirements of Article VIII of this chapter.
B.Parcels that are less than 20 acres in size that are contiguous to a master-planned MS (Medical Support)
District development, including those parcels that are directly across public rights-of-way to a master-
planned MS (Medical Support) District development, may be rezoned to the MS District.
C.The Board of Supervisors may provide for the administrative approval of a parcel subdivision which
fronts on private street systems during the master development plan review process. [Amended 7-23-
2008; 3-13-2013]
D.Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under
§165-504.02B(1), Educational support services, shall be allowed to develop a maximum floor-to-area
ratio (FAR) of two. The maximum FAR shall be based on the total site area for a master-planned MS
(Medical Support) District development that is to be developed as one parcel, or for the total site area of
107
individual parcels in the development that are subdivided for development purposes. [Amended 7-23-
2008]
E.All permitted land uses other than those described in § 165-504.03D providing support services to this
district shall be allowed to develop a maximum floor-to-area ratio (FAR) of one. The maximum FAR
shall be determined as described in § 165-504.03D.
F.The overall gross densities for permitted land uses identified in § 165-504.02B(5) shall be calculated as
described under this subsection: [Amended 7-23-2008]
(1)Single-family detached and single-family attached residential structures having individual access may
have a minimum lot size or average lot area of 3,000 square feet per dwelling unit.
(2)All other related residential land uses shall provide a minimum of 1,000 square feet of lot size or
average lot area per bedroom.
§ 165-504.04 Access regulations.
A.All land uses permitted in this Part 504 shall be served by street systems that are constructed to the
geometric design standards for urban collector streets and urban local streets. Such street systems may
be private or may be dedicated to Frederick County for eventual acceptance into the state secondary
road system.
B.Parcels that contain portions of collector street systems that are intended to continue through to other
parcels to meet the intent of the Frederick County Comprehensive Policy Plan shall be built to
applicable state secondary road standards and shall be dedicated to Frederick County for eventual
acceptance into the state secondary road system.
C.Commercial entrances for permitted support services and entrances for related residential developments
on urban collector streets shall have a minimum spacing requirement of 250 feet or minimum VDOT
spacing, whichever is greater, between entrances. [Amended 7-23-2008]
D.Commercial entrances for permitted support services and entrances for related residential developments
shall have a minimum spacing requirement of 150 feet or minimum VDOT spacing, whichever is
greater, from street intersections to provide for adequate vehicle stacking. [Amended 7-23-2008]
E.Driveways serving individual related residential land uses shall only be permitted along urban local
streets.
F.All permitted land uses shall be designed to provide for internal traffic circulation and interparcel
connectors to adjoining land uses to provide for access between uses without entering onto urban
collector streets. The Zoning Administrator may grant a waiver to this requirement if topographic
constraints or land use conflicts prevent interparcel connectivity or make it undesirable. [Amended 7-
23-2008; 9-26-2012]
§ 165-504.05 Structure and parking lot setback regulations.
A.All permitted educational, research, professional, commercial, and other related support services shall
have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard
setback of 35 feet from any urban local street.
B.All permitted related residential uses and continuing care retirement communities shall have a minimum
front yard setback of 25 feet from any public urban local street and a front yard setback of 20 feet from
any private urban local road. On residential units utilizing a rear alley for access, the setback off of a
private road may be reduced by 10 feet, provided there are not driveways on the private road to the
residential unit. Structural front yard setbacks from private roads shall be measured from the edge of the
108
access easement. [Amended 7-23-2008]
C.Residential housing units within a continuing-care retirement community, to include single-family small
lot, duplex and multiplex, shall have a minimum building spacing of 10 feet between units and no
building can be within 50 feet of the perimeter boundary of the development, provided that all
requirements of § 165-504.07 have been satisfied. [Added 7-23-2008]
D.All permitted support services and related residential land uses other than those described in § 165-
504.05C are not proposed to have minimum side or rear yard setbacks. Individual parcels which are
designed to have structures placed on a side or rear property line shall be provided with a maintenance
easement on the adjoining parcel that is a minimum of 10 feet in width. [Amended 7-23-2008]
E.Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a
minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed
parcels.
F.Parking lots located between the urban collector street and the building front shall be developed to
include an earth berm or natural topography that is a minimum of three feet in height above the finished
grade developed at a slope of 3:1. Evergreen shrubbery that is a minimum of two feet in height at the
time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear
feet. This element shall begin at the street right-of-way and end at the beginning of the parking lot.
Parking lots located between the urban local street and the building front shall be developed to the
standards set forth in § 165-202.01 of this chapter.
G.Parcels which are designed to have parking lots located behind the building may have a reduced front
yard setback of 20 feet from any urban collector street and 15 feet from any urban local street.
[Amended 7-23-2008]
§ 165-504.06 Height regulations.
A.The maximum structural height for hospitals, office buildings, and all land use permitted under § 165-
504.02B(1), Educational support services, shall be 90 feet.
B.The maximum structural height for residential care facilities, nursing and personal care facilities,
dormitories, garden apartments and automobile parking structures shall be 70 feet. [Amended 7-23-
2008]
C.The maximum structural height for all other land uses permitted in this Part 504 shall be 35 feet.
D.Structural setbacks for all land uses permitted under § 165-504.06A and 165-504.06B shall be increased
one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall
be measured as follows:
(1)From the minimum front yard setback established along urban collector streets and urban local streets
for a master-planned MS (Medical Support) District development that is to be developed as one parcel,
or from the minimum front, side, and rear yards of individual parcels that are subdivided for
development purposes. [Amended 7-23-2008]
(2)From any required buffer area for a master-planned MS (Medical Support) District that is to be
developed as one parcel, or for individual parcels that are subdivided for development purposes.
(3)From the minimum building separation distance established between residential and nonresidential land
uses.
E.A clear zone void of structures, signage, vegetation, and berms shall be established in areas determined
109
by the Fire Marshal to ensure appropriate emergency access for all land uses permitted under § 165-
504.06A and 165-504.06B. These identified areas shall begin at a distance of 25 feet from the structure
and shall have a minimum width of 20 feet. An easement shall be obtained on adjoining properties to
establish required clear zone areas if they cannot be provided on the individual lot proposed for
development.
§ 165-504.07 Open space, landscaped area, and buffer and screening regulations.
A.The minimum open space percentage for the MS (Medical Support) District shall include:
(1)Twenty percent of the overall gross area of a master-planned MS (Medical Support) District that is to be
developed as one parcel.
(2)Twenty-five percent of the total site area of individual parcels that are subdivided for support services
and 30% of the total site area of individual parcels that are subdivided for related residential land uses.
B.All open space areas shall be landscaped to provide for a grass cover and vegetative elements as
required under § 165-202.01D(13), regarding parking lot landscaping, and § 165-203.02, Buffer and
screening requirements, of this chapter. Minimum standards for required vegetative elements include
two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities
and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open
space percentage.
C.Buffer and screening requirements for the MS (Medical Support) District shall include:
(1)Master development planned area that is to be developed as one parcel.
(a)A fifty-foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured
from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen
trees on ten-foot centers that are a minimum of four feet at the time of planting, and a single row of
deciduous trees spaced 30 feet apart that have a minimum two-inch caliper at the time of planting. An
earth berm that is four feet in height and constructed on a slope of 3:1 shall be provided in addition to
the vegetative plantings if the primary use of the adjoining property is residential. Parking and
maneuvering areas may be established within the remainder of the buffer area, provided that all
requirements of § 165-202.01D(13), regarding parking lot landscaping, are met.
(b) A fifty-foot internal separation buffer between all support service land uses and related residential land
uses meeting the vegetative planting and earth berm requirements specified in § 165-504.07C(1)(a) of
this Part 504.
(c) An internal residential separation buffer between detached, semi-detached, and all other related
residential land uses containing a twenty-five-foot buffer with a single row of evergreen trees on ten-
foot centers that are a minimum of four feet at the time of planting.
(d)Continuing-care retirement communities (as defined) shall be exempt from internal separation and
internal residential separation buffers. [Added 7-23-2008]
(2)Master development planned area that is to be developed as individual parcels.
(a)Buffer and screening requirements between all land uses which are not contained within the same
categories identified in § 165-504.02B of this Part 504.
(b)All land uses required to provide buffers and screening internal to the MS (Medical Support) District
shall meet the requirements of a B Category buffer as described in § 165-203.02 of this chapter; as well
as all other applicable provisions of this section.
110
(3)All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for
agricultural activities shall provide the following buffers:
(a)A one-hundred-foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use
shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not
residential or orchard. A twenty-foot landscaped easement, measured from the adjoining property line,
shall be provided which contains a single row of evergreen trees on ten-foot centers that are a minimum
of four feet at the time of planting and an earth berm that is three feet in height and constructed on a
slope of 3:1. Parking and maneuvering areas may be established within the remainder of the buffer area,
provided that all requirements of § 165-202.01D(13), regarding parking lot landscaping, are met.
(b)A two-hundred-foot buffer adjacent to a parcel whose primary use is orchard. A forty-foot landscaped
easement, measured from the adjoining property line, shall be provided which contains a double row of
evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting and an earth
berm that is six feet in height and constructed on a slope of 3:1. Parking and maneuvering areas may be
established within the remainder of the buffer area, provided that all requirements of § 165-
202.01D(13), regarding parking lot landscaping, are met.
(4)A road efficiency buffer meeting the requirements § 165-203.02E of this chapter shall be provided for
all related residential land uses permitted in § 165-504.02B(5) of this Part 504.
§ 165-504.08 Sign regulations.
A.Permitted signage. [Amended 2-13-2008]
(1)Business signs.
(2)Signs allowed in § 165-201.06B.
(3)Multi-tenant complex signs.
(4)Freestanding building entrance signs.
B.All business signs shall be monument-style signs that are a maximum of 12 feet in height. Business
signs shall not exceed 100 square feet in area.
C.All wall-mounted signs shall conform to § 165-201.06H(1) of this chapter. [Amended 7-23-2008]
D.Sign setbacks shall conform to § 165-201.06E of this chapter, and sign spacing shall conform to § 165-
201.06F of this chapter. [Amended 7-23-2008]
E.Directional signs and on-site informational signs shall be set back a minimum of five feet from all urban
collector streets, urban local streets, street intersections, and street entrances to provide for safe and
adequate sight distance. Directional signs shall not exceed 50 square feet in area, and informational
signs shall not exceed 20 square feet in area. Directional signs and informational signs shall be exempt
from minimum spacing requirements between business signs and other directional signs.
111
Proposed Changes – SIC Conversion – Other Amendments
Revised May 31, 2023
Article I General Provisions; Amendments; and Conditional Use Permits
Part 101 General Provisions
§165-101.02 Definitions and word usage.
General Business Office. A room or building used for conducting the affairs of a business, professional,
service, industry, or other enterprise.
Article II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204 Additional Regulations for Specific Uses
§165-204.05 Electrical, hardware, plumbing and heating equipment business
§165-204.23 Welding repair
§165-204.35 Adult Retail
Adult retail uses meeting the minimum requirements of this chapter, any conditions imposed by the Board
of Supervisors, and with the following minimum conditions:
a) Such uses shall be located at least 2,500 feet from the property line of existing adult retail uses,
schools, churches, parks, day-care facilities and residential uses and districts.
b) Such uses shall not be permitted in shopping centers and/or multi-tenant buildings.
c)All merchandise display areas shall be limited to enclosed structures and shall not be visible from
the outside.
d) Business signs shall not exceed a maximum of 25 square feet. No wall- mounted signs or window
displays shall be permitted.
Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m.
Article IV Agricultural and Residential Districts
Part 401 RA Rural Areas District
§165-401.02 Permitted uses.
KK. Blacksmith shops
§165-401.03 Conditional uses.
U. Welding repair
AA. Offices and clinics of doctors of medicine, dentists, and other health practitioners
Part 402 RP Residential Performance District
§165-402.03 Conditional Uses
H. Offices and clinics of doctors of medicine, dentists, and other health practitioners
112
Proposed Changes – SIC Conversion – Other Amendments
Revised May 31, 2023
Part 704 IA Interstate Overlay District
§165-704.04 [Reserved]
113
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NSSLEEPYCREEKRDFuture RT 37
Urban Development Area
SWSA
Approved TDR Properties
Zoning
B1 (Neighborhood Business District)
B2 (General Business District)
B3 (Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Light Industrial District)
M2 (Industrial General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Areas District)
RP (Residential Performance District)
Agricultural & Forestal Districts
Apple Pie Ridge
Albin
South Timber Ridge
South Frederick
Hayfield
Back Mountain
Reliance
Double Church
Red Bud
Green Spring
George Washington National Forest
Official Zoning Map Created by
Frederick County Department of
Planning & Development
107 N Kent Street
Suite 202
Winchester, VA 22601
540.665.5651
www.fcva.us
July 2022
AMENDMENTS:JULY 14, 2021 (REZ #01-21)JULY 14, 2021 (REZ #02-21)JULY 14, 2021 (REZ #03-21)SEPTEMBER 22, 2021 (REZ #04-21)OCTOBER 13, 2021 (SWSA EXPANSION)NOVEMBER 10, 2021 (AG/FORESTAL DISTRICTS)JANUARY 12, 2022 (REZ #05-21)MAY 25, 2022 (REZ #02-22)JULY 13, 2022 (REZ #03-22)
Frederick County, VAOfficial Zoning Map
0 2 41 Miles
µBACK MOUNTAIN RDWARDENSVILLE GRWARDENSVILLE GR114
Planning Commission
Agenda Item Detail
Meeting Date: July 5, 2023
Agenda Section: Other
Title: Current Planning Applications
Attachments:
115