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PC 11-01-23 Meeting Agenda1.Call to Order 2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 3.Meeting Minutes 3.A.September 6, 2023 Meeting Minutes 4.Committee Reports 5.Citizen Comments 6.Public Hearings 6.A.Conditional Use Permit #10-23 for Roses Plumbing (Michael and Brenda Rose) - (Mrs. Peloquin) Submitted for a cottage occupation (plumbing service). The property is located at 311 Paddys Run Road, Star Tannery, Virginia and is identified with Property Identification Number 80-A-22 in the Back Creek Magisterial District. 6.B.Ordinance Amendment to the Frederick County Code - (Mr. Klein) Revisions to the Frederick County Zoning Ordinance, Chapter 165 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), remove reference to the Standard Industrial Classification (SIC) in other sections of the Zoning Ordinance, and to add or remove specific uses from the business and industrial districts "Allowed Uses" tables. AGENDA PLANNING COMMISSION WEDNESDAY, NOVEMBER 1, 2023 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC11-01-23MinutesSeptember6.pdf PC11-01-23CUP10-23_Redacted.pdf 1 ARTICLE I General Provisions; Amendments and Conditional Use Permits, Part 101 General Provisions §165-101.02 Definitions and word usage, 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 businesses; §165-204.23 Welding repair; §165-204.35 Adult retail ARTICLE IV Agricultural and Residential District Part 401 Rural Areas District §165-401.02 Permitted uses; §165-401.03 Conditional uses; Part 402 RP Residential Performance District §165-402.03 Conditional Uses ARTICLE VII Overlay Districts Part 704 IA Interstate Overlay District §165-704.04 Qualifying Criteria ARTICLE V Planned Development Districts Part 504 MS (Medical Support) District ARTICLE VI Business and Industrial Zoning Districts Intent, Allowed Uses, Permitted Uses, Secondary or Accessory Uses, and Conditional Uses in Parts 602, 603, 604, 605, 606, 607, 608, & 609 7.Information/Discussion 7.A.Ordinance Amendment - Sign Ordinance (Revisions and RA Sign Height) - (Mr. Klein) 7.B.Ordinance Amendment - Telecommunication Facilities (Setback Waiver) - (Mr. Klein) 7.C.Planning Commission Bylaws Amendment - (Mr. Pearson) 8.Other 8.A.Current Planning Applications 9.Adjourn PC11-01-23OA_ConversiontoNAICS.pdf PC11-01-23OA_Signs.pdf PC11-01-23OA_TelecommunicationFacilities.pdf PC11-01-23PlanningCommissionBylawsAmendment.pdf 2 Planning Commission Agenda Item Detail Meeting Date: November 1, 2023 Agenda Section: Meeting Minutes Title: September 6, 2023 Meeting Minutes Attachments: PC11-01-23MinutesSeptember6.pdf 3 Frederick County Planning Commission Page 4053 Minutes of September 20, 2023 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on September 6, 2023. PRESENT: John F. Jewell, Chairman; Roger L. Thomas, Vice Chairman/Opequon District; William A. Orndoff, Stonewall District; Justin Kerns, Stonewall District; Elizabeth D. Kozel, Shawnee District; Charles E. Triplett, Gainesboro District; Betsy Brumback, Back Creek District; Mollie Brannon, Back Creek District; Charles Markert, Red Bud District; Tim Stowe, Red Bud District; Roderick B. Williams, County Attorney. ABSENT: H. Paige Manuel, Shawnee District; Robert S. Molden, Opequon District; Jason Aikens, Gainesboro District. STAFF PRESENT: Wyatt G. Pearson, Director; John A. Bishop, Assistant Director; M. Tyler Klein, Senior Planner; Kayla Peloquin, Planner I; Shannon L. Conner, Administrative Assistant. CALL TO ORDER Chairman Jewell called the September 6, 2023 meeting of the Frederick County Planning Commission to order at 7:00 p.m. Chairman Jewell commenced the meeting by inviting everyone to join in a moment of silence. ADOPTION OF AGENDA Upon a motion made by Commissioner Orndorff and seconded by Commissioner Triplett the Planning Commission unanimously adopted the agenda for this evening’s meeting. MINUTES Upon motion made by Commissioner Orndorff and seconded by Commissioner Markert, the Planning Commission unanimously adopted the minutes from the July 5, 2023 meeting. ------------- 4 Frederick County Planning Commission Page 4054 Minutes of September 20, 2023 COMMITTEES City of Winchester – Mtg. 09/05/23 Commissioner Mayfield, Winchester City Planning Commission Liaison, reported the Commission held a work session and discussed the following: A CUP for a 48 unit mini-storage facility; a PUD rezoning of 1.9 acres on Jubal Early Drive; an ordinance to conditionally rezone 3.864 acres on Jubal Early Drive; an ordinance to rezone 2 acres on Roberts Street; and a resolution to the text on the zoning ordinance. Board of Supervisors – Mtg. 08/09/23 Supervisor Lockridge, Board of Supervisor Liaison, reported the Board denied a CUP for a dog kennel/breeding facility in Middletown that will be brought back to the Board on September 13th, and the NAICS was sent forward for public hearing. ------------ CITIZEN COMMENTS Chairman Jewell called for citizen comments on any subject not currently on the Planning Commission’s agenda or any item that is solely a discussion item for the Commission. No one came forward to speak and Chairman Jewell closed the public comments portion of the meeting. ------------- PUBLIC HEARING Conditional Use Permit #08-23 for Yenisel Lambert submitted for a dog kennel and breeding facility. The property is located at 1900 Brucetown Road, Clear Brook, Virginia, and is identified with Property Identification Number 34-A-24I in the Stonewall Magisterial District. Action – Recommend Denial Kayla Peloquin, Planner I, reported this Conditional Use Permit (CUP) application is for a dog kennel and breeding facility. The +/-5.02-acre property is located at 1900 Brucetown Road in the Stonewall Magisterial District and is in the RA (Rural Areas) Zoning District. Ms. Peloquin shared a zoning map of the property. She continued; the Applicant proposes the following for this application: • Building a kennel facility on the western portion of the property • A maximum of two (2) litters per month with a cap of fifty (50) dogs on the property • Customers would visit the site by appointment only on Fridays, Saturdays, and Sundays not to exceed five (5) families per day. • Only members of the family helping with the kennel (not outside employees) Ms. Peloquin reported, the Zoning Ordinance (§165-101.02) defines a kennel as “A place prepared to house, board, breed, handle, or otherwise care for dogs for sale in return for compensation.” A kennel is an allowed use in the RA District with an approved CUP. She stated the property is within the 5 Frederick County Planning Commission Page 4055 Minutes of September 20, 2023 Clear Brook and Brucetown Rural Community Center, for which “appropriate mixes of residential, commercial, and business uses” are encouraged by the Comprehensive Plan (pg. 15). Ms. Peloquin continued; a Category C Buffer is required to screen the kennel facility per the Additional Regulations for Specific Uses (§165-204.10). Staff visited the site and observed mature woodlands consisting of evergreen and deciduous trees and shrubs. A 50’ strip of mature woodlands may be allowed as a full screen (§165- 203.02(B)(2)) and this vegetation satisfies the buffer requirement to the northwest and south. Approximately 350’ of space from the proposed kennel location and a 6’ tall opaque fence satisfies the buffer requirement to the east. Ms. Peloquin presented the conditions of this CUP recommended by Staff: • All review agency comments and requirements shall be complied with at all times. • No employees not residing on the premises shall be permitted with this CUP. • All dogs must be confined to kennels indoors between the hours of 9:00 p.m. and 7:00 a.m. • New structures to be used as kennels will require building permits prior to being constructed. • One (1) monument style sign with a maximum sign area not to exceed 50 SF and 4’ in height is permitted. • An illustrative sketch plan, in accordance with the requirements of Article VIII of the Frederick County Code 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. • Any expansion or modification of this use will require a new CUP. Commissioner Thomas asked if the self-imposed cap of 50 dogs would be enforceable. Mr. Pearson commented that a cap can be enforceable by adding it as a condition to the CUP. Commissioner Stowe inquired as to how the property is accessed. Ms. Peloquin stated it is a shared driveway that serves three residences. The Applicant, Ms. Yenisel Lambert came forward and shared her plan and story of how the kennel and dog breeding came about. Commissioner Kerns asked how many existing animals are on the property. Ms. Lambert shared there are approximately 100 various animals. She indicated the existing animals such as chickens, pigeons, emus, and goats are kept on the southern end of the property near the wooded area and each animal has a place in a shed or coop. She continued, her current dogs (8 females and 3 males) stay in an air conditioned and heated shed or in the house. Planning Commissioners expressed concerns that the property may become overcrowded with the number of animals. Ms. Lambert responded that the property is 5 acres, and the new kennel building would be fairly large, and the dogs would have a separate fenced in area for exercise. It was discussed the amount of space each adult dog would need in the kennel, particularly for a standard size poodle. The Applicant was asked if she would agree to a cap on the number of dogs being part of the conditions of this CUP. Ms. Lambert agreed to reducing the cap of the adult dogs. Commissioner Stowe asked where the Applicant disposes of the waste from the dogs and how often. Ms. Lambert responded that the waste is taken to the landfill weekly. Commissioner Brannon asked how often the females are bred and if it will be in conformance with guidance from the American Kennel Club. Ms. Lambert stated the female dogs would not be continuously bred, and that they would have significant breaks between litters. Chairman Jewell called for anyone who wished to speak regarding this Public Hearing to come forward at this time. Two citizens, Laura Friedman and Gary Nolder, came forward and shared their concerns with this application. They raised concerns over the number of animals currently on the property, and how 6 Frederick County Planning Commission Page 4056 Minutes of September 20, 2023 all of the proposed animals will be taken care of. They were also concerned about the potential for more noise, traffic, and animal odors that could occur and feel this would adversely impact the neighbors. No one else came forward to speak and Chairman Jewell closed the public comment portion of the hearing. Commissioner Thomas commented that if this is a high-end breeding facility, the 1,400-sf building will not be adequate. He feels the need to severely limit the number of dogs. Commissioner Orndorff stated he has not heard any answer from the Applicant to questions that are direct answers. Upon a motion made by Commissioner Orndorff and seconded by Commissioner Kozel BE IT RESOLVED, the Frederick County Planning Commission does unanimously recommend denial of Conditional Use Permit #08-23 for Yenisel Lambert submitted for a dog kennel and breeding facility. The property is located at 1900 Brucetown Road, Clear Brook, Virginia, and is identified with Property Identification Number 34-A-24I in the Stonewall Magisterial District. (Note: Commissioners Molden, Manuel, and Aikens were absent from the meeting). ------------- INFORMATION/DISCUSSION Ordinance Amendments – Home Occupation, Accessory Dwellings, and MDP’s M. Tyler Klein, Senior Planner, reported and noted the DRRC discussed this item on July 27, 2023 and set it forward to the Planning Commission. Home Occupations (§165-101.02) This is a proposal to amend the definition for “home occupations” to allow qualifying home occupations to operate in a detached accessory building in the RA (Rural Areas) Zoning District. Accessory Dwellings (§165-201.05(B)) This is a proposal to amend the “secondary or accessory uses” section to establish a new minimum square footage (SF) allowance for accessory dwellings of 500 SF, or 25% of the gross floor area, whichever is greater. Master Development Plans (§165-801.06(A)) and (§165-801.08) This is a proposal to clean up the above section to reflect the County’s adopted submission procedures for master development plans (MDP) and to remove remaining reference to public meeting requirements prior to MDP approval. Other Minor Amendments (multiple) This is a proposal to amend §165-101.02 (Definitions) to remove and update language that does not conform to state and federal definitions for “intellectually or developmentally disabled person.” A separate proposal updates word usage where “principle” is used incorrectly (§165-608.05) instead of “principal” when referring to a primary structure. 7 Frederick County Planning Commission Page 4057 Minutes of September 20, 2023 The primary discussion by the Planning Commission regarding “accessory dwellings” and what did or did not qualify as a dwelling. The Planning Commission unanimously supported sending the proposed text amendments forward. 2023-2028 Capital Improvement Plan (CIP) This is a minor update to the CIP transportation section to clearly identify projects or components of projects that are under application with the Virginia Department of Transportation for funding under the Revenue Sharing Program and the Transportation Alternatives Program. The CIP is a prioritized list of capital projects requested by various County department and agencies. The Plan is created as an informational document to assist in the development of the County’s annual budget. If adopted, the CIP is based on the Comprehensive Plan. John A. Bishop, Assistant Director, reported Staff has updated/added the following items in support of County funding applications under the VDOT Revenue Sharing and Transportation Alternatives Programs: • Update cost on Project 16: Route 11 at Shawnee Drive widening and intersection improvements. • Addition of projects 27, 28, and 29 o Warrior Drive Pedestrian Improvements o Valley Mill Road Pedestrian improvements o Inverlee Way Pedestrian Improvements Mr. Bishop presented graphics of the items listed. He concluded the Transportation Committee reviewed this item on August 28th and recommended approval. This item was unanimously sent forward by the Planning Commission to the Board of Supervisors with a favorable consensus. ------------- OTHER Wyatt G. Pearson, Director, reported the following items are currently being reviewed by the Planning Department: A site plan for public radio; a site plan for Carmeuse; and a change to the By - Laws for the Planning commission. ------------- ADJOURNMENT No further business remained to be discussed and a motion was made by Commissioner Thomas to adjourn the meeting. This motion was seconded by Commissioner Orndorff and unanimously passed. The meeting was adjourned at 8:05 p.m. Respectfully submitted, ____________________________ John F. Jewell, Chairman ___________________________ Wyatt G. Pearson, Secretary 8 Planning Commission Agenda Item Detail Meeting Date: November 1, 2023 Agenda Section: Public Hearings Title: Conditional Use Permit #10-23 for Roses Plumbing (Michael and Brenda Rose) - (Mrs. Peloquin) Attachments: PC11-01-23CUP10-23_Redacted.pdf 9 CONDITIONAL USE PERMIT #10-23 COTTAGE OCCUPATION (ROSES PLUMBING) Staff Report for the Planning Commission Prepared: October 18, 2023 Staff Contact: Kayla Peloquin, 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: 11/01/23 Pending Board of Supervisors: 12/13/23 Pending EXECUTIVE SUMMARY: This is a request for a Conditional Use Permit (CUP) to allow a Cottage Occupation to operate a plumbing business. Should the Planning Commission find this use to be appropriate, Staff would recommend the following conditions be placed on the CUP: 1. All review agency comments shall be complied with at all times. 2. One (1) employee that is not residing on the premises is permitted. 3. No customers permitted on the property. 4. Any expansion or modification of this use will require the approval of a new CUP. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 10 Page 2 CUP #10-23, Roses Plumbing (Michael & Brenda Rose) October 18, 2023 LOCATION: The subject property is located at 311 Paddys Run Road, Star Tannery, Virginia. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 80-A-22 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA Use: Vacant South: RA Use: Residential East: RA Use: Residential West: RA Use: Vacant/Cemetery PROPOSED USE: This is a request for a Conditional Use Permit (CUP) for a cottage occupation (plumbing business) of 64.00 +/- acres. REVIEW EVALUATIONS: Planning and Zoning: Proposal: This is a request for a Conditional Use Permit (CUP) for a cottage occupation to operate a plumbing business. The applicant proposes utilizing an existing, permitted 30’x50’ (1,500 SF) warehouse on the property for storage of materials. Any outdoor storage of materials would be limited to pipes and scrap that would be stored behind the building and taken to the scrap yard monthly. There would be no customers coming to the site as all work takes place off-site. One employee would visit the site briefly in the mornings to gather materials for the day and occasionally in the evenings to unload materials, typically between 7:00 AM and 5:00 PM Monday through Friday. The employee or owner may visit the warehouse outside of these typical hours if necessary due to an emergency service call. The applicant has indicated the business has two small cargo vans, one of which the employee takes to their home each night, and one pickup truck/dump truck that would be parked on the property when not in use. Staff conducted a site visit on October 13, 2023, and observed the warehouse utilized for storage of plumbing materials, the graveled entrance to the warehouse, and verified the type vehicles used for the business. Comprehensive Plan Land Use Compatibility: The Comprehensive Plan provides guidance when considering land use actions and designates 11 Page 3 CUP #10-23, Roses Plumbi ng (Michael & Brenda Rose) October 18, 2023 this property to remain rural in nature. The property is not included in any small area plans and is located outside of the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The proposed use is generally consistent with the Comprehensive Plan. Zoning Ordinance Requirements: The Frederick County Zoning Ordinance defines a Cottage Occupation as “An occupation or profession customarily carried on in a dwelling unit or an accessory building, which: A. Actually, is carried on wholly within the principal residential building or an accessory building or structure, B. Is carried on by no more than one person other than members of the family residing on the premises: C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and D. Serves more than five customers per day (§165-101.02). Cottage Occupation is allowed use in the RA Zoning District with an approved CUP. The Zoning Ordinance states that “outdoor storage or processing shall be completely screened from the view of road and street right-of-way and from surrounding properties by a six-foot-tall opaque fence, wall, berm or evergreen screen” (§165-201.10 (A)). The existing mature evergreen vegetation meets the requirements for screening of the outdoor storage of pipes and scrap materials. Virginia Department of Transportation: The existing entrance, at 311 Paddy’s Run Road, is adequate for the proposed use. The applicant has agreed to remove some brush and scrub trees to enhance visibility to the north. Please see the attached letter from Lloyd Ingram, Transportation Engineer dated September 28, 2023. Winchester-Frederick Health Department: The detached structure is used for storage of plumbing supplies. There are no employees onsite for an 8 hour shift other than the owner that works out of her home. This office has no objections provided no employees are onsite. Please see the attached letter from Jim Davis, Environmental Health Manager dated September 27, 2023. Frederick County Fire Marshal: Approved as described on the application. Please see the attached letter from Adam Hounshell, Lieutenant/Assistant Fire Marshal dated September 27, 2023. Frederick County Public Works: We offer no comments. Please see the attached letter from Joe Wilder, Director of Public Works dated October 3, 2023. Frederick County Inspections Department: Existing building was permitted and inspected as a storage building. Approved as submitted. Please see the attached letter from Mark Fleet, Building Official dated September 26, 2023. Following this public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 12 MATTHEWS RIDGESubdivision 80 A 22 695PADDYSRUN RD 651PADDYSRUN RD 581PADDYSRUN RD 367MCILWEE LN 453PADDYSRUN RD 452PADDYSRUN RD 252PADDYSRUN RD 344PADDYSRUN RD 200PADDYSRUN RD 691OATES RD M C IL W E E L NPADDYS RUN RDApplication Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: October 10, 2023OATES RDPADDYS RUN RDZEPP RDMCILWEE LNCAMP LNPUGMILL LN0 575 1,150287.5 Feet SHENANDOAHCOUNTY CUP # 10 - 23: Michael and Brenda Rose (Roses Plumbing)PIN: 80 - A - 22Cottage OccupationZoning Map CUP #10-23 13 MATTHEWS RIDGESubdivision 80 A 22 695PADDYSRUN RD 651PADDYSRUN RD 581PADDYSRUN RD 367MCILWEE LN 453PADDYSRUN RD 452PADDYSRUN RD 252PADDYSRUN RD 344PADDYSRUN RD 200PADDYSRUN RD 691OATES RD M C IL W E E L NPADDYS RUN RDApplication Parcels µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: October 10, 2023OATES RDPADDYS RUN RDZEPP RDMCILWEE LNCAMP LNPUGMILL LN0 575 1,150287.5 Feet SHENANDOAHCOUNTY CUP # 10 - 23: Michael and Brenda Rose (Roses Plumbing)PIN: 80 - A - 22Cottage OccupationLocation Map CUP #10-23 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Planning Commission Agenda Item Detail Meeting Date: November 1, 2023 Agenda Section: Public Hearings Title: Ordinance Amendment to the Frederick County Code - (Mr. Klein) Attachments: PC11-01-23OA_ConversiontoNAICS.pdf 29 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Planning and Development Department Staff SUBJECT: Ordinance Amendments – Conversion of Allowed Uses to NAICS; Additions & Deletions to Allowed Uses List DATE: October 17, 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.” Please note new topic for consideration in bold below under “Proposal B.” 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; Other Changes: 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 on 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, Automotive Oil Change and Lubrication Shops, and Technical and Trade Schools. 30 BOS Discussion OA – Conversion to NAICS October 17, 2023 Page 2 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 Remove requirement for locating “Continuing Care Retirement Communities” within a two-mile radius of the Route 37 Medical Center Interchange (§165-504.02(B)(c)(1)). 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. Other Topics for Consideration: Staff requests the Planning Commission consider the addition of battery storage as a conditional use (requiring an approved conditional use permit or CUP) in the TM (Technology Manufacturing), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts. Battery storage operations enable energy from renewables, like solar, to be stored and then released when the power is needed most. This is a new and emerging industry. Staff notes battery storage is a separate, distinctive, use from primary battery and storage battery manufacturing which has previously been allowed as a by-right use M2 District, and is proposed as part of this ordinance amendment to also be allowed by-right in the TM and M1 Districts. 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. 31 BOS Discussion OA – Conversion to NAICS October 17, 2023 Page 3 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. The Planning Commission discussed this item on July 5th. The Planning Commission unanimously supported Proposal A (Conversion of Use Terminology); the Planning Commission was generally supportive of Proposal B (Additions & Deletions to Allowed Uses Lists). Commissioner Thomas expressed reservation about additional uses proposed for the HE (Higher Education) Zoning District, noting that development of the district without the school/college campus component could be problematic. The Board of Supervisors discussed this item on August 9th and were generally supportive of the proposals. The Board through consensus requested a specific revision to the MS (Medical Support) district text to remove the requirement for locating “Continuing Care Retirement Communities” within a two-mile radius of the Route 37 Medical Center Interchange as they stated it may be prohibitive to the establishment of another medical campus and continuing care facilities elsewhere in the County. 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 and revised by the Board of Supervisors. Staff is seeking a recommendation by the Planning Commission on Proposal A (Conversion of “Allowed Uses” Terminology”) and/or Proposal B (Additions & Deletions to “Allowed Uses” List) to send forward to the Board of Supervisors. Staff can answer any questions on the proposals. MTK/pd Attachments: 1. B1 (Neighborhood Business) District – Clean copy 2. B1 District – Redline 3. B2 (General Business) District – Clean copy 4. B2 District – Redline 5. B3 (Industrial Transition) District – Clean copy 6. B3 District – Redline 7. M1 (Light Industrial) District – Clean copy 8. M1 District – Redline 9. M2 (General Industrial) District – Clean copy 10. M2 District – Redline 11. TM (Technology-Manufacturing Park) District – Clean copy 12. TM District – Redline 13. EM (Extractive Manufacturing) District – Clean copy 14. EM District – Redline 15. HE (Higher Education) District – Clean copy 16. HE District – Redline 17. MS (Medical Support) District – Clean Copy 18. MS District – Redline 19. Other Amendments – Redline with track changes 20. Current (Official) Zoning Map 21. Resolution 32 BOS Discussion OA – Conversion to NAICS October 17, 2023 Page 4 33 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 34 Part 602 B1 Neighborhood Business District [Amended 4-10-19915-19-2023] § 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 size 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 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 Miscellaneous Retail Stores including Food, Drug, Health, and Personal Care not to exceed 15,000 square feet excluding Fruit and Vegetable Stands 54 Apparel and accessory stores 56 Drugstores 591 Miscellaneous shopping goods stores 594 Offices of Real Estate, Finance, and Insurance Finance, insurance and real estate offices - Personal and Laundry services, except the following: excluding Industrialized Launderers 72 Industrial launderers 7217 Funeral homes and crematories Death Care Services excluding cemeteries 726 Car washes 7542 Videotape rental 784 Medical offices Offices of Physicians, Dentists, and Other Health Practitioners 801, 802, 803 and 804 Adult and Child Day-Ccare facilities [Amended 9-23-2001] - 35 Civic, social and fraternal organizations Religious, Grantmaking, Civic, Professional, and Similar Organizations 864 Public Administration and Government Buildings, including Fire and Ambulance Services - Public Uutilities excluding energyPower-generating Ffacilities [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 [Amended 2-13-2008] - Residential uses which are accessory to allowed business uses - Parks - Churches - Food Services, Restaurants and Other Eating Places, excluding drive-thru facilities [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 Fitness and Recreational Sports Centers no larger than 10,000 square feet [Added 2-22-2006] 7991 36 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 37 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 38 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 5-19-2023] § 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 Standard Industrial Classification (SIC) Veterinary services offices with all activities and animals kept within the fully enclosed primary structure, excluding the following: livestock 074 Veterinary services livestock 0741 Pet Care (excluding Veterinary) Services,Animal specialty services, except veterinary with all activities and animals kept within fully enclosed primary structure [Added 1-10-21] 0752 Wired and Wireless TelecCommunication Carriers excluding Satellite 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 Broadcasting and Content Providers Paint, glass and wallpaper storesBuilding Materials and Garden Equipment Supplies Dealers 523 Hardware stores 525 Retail nurseries and lawn and garden supply stores 526 Retail Trade excluding Manufactured (Mobile Home) Dealers and Tire Dealers General merchandise stores 53 Food and Beverage Retailers, Food stores, excluding the following: [Amended 8-24-2004] Fruit and Vegetable Stands 54 Fruit and vegetable stands 5431 Motor Vehicle and Parts Dealers Automotive dealers and gasoline service stations 55 Automotive Oil Change and Lube Shops Gasoline Stations with or without Convenience Store, excluding Fuel Dealers Apparel and accessory stores 56 39 Home furniture, furnishings, and equipment stores 57 Food Services, and Restaurants and Other Eating Places 58 Miscellaneous retail, except for the following: 59 Fuel dealers 598 Flea markets, operated outdoors [Amended 11-10-2010] - Offices of Real Estate, Finance, and Iinsurance and real estate offices - Hotels and Mmotels, Dormitories, Rooming/Boarding Houses, and Travelers accommodations excluding RV Parks and Camps 701 Organization hotels and lodging 704 Personal Care Sservices, including laundry and funeral services, excluding the following:including Hair, Nail, Beauty Salon, and Barber Shops, excluding Escort Services, Turkish Baths, and Steam Baths 72 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 Coin-Operated Laundries and Drycleaners Death Care Services excluding Cemeteries 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 Professional, Scientific, and Technical Services excluding Outdoor 40 Display Advertising, Research and Development Services, and Testing Laboratories including General Offices Services to Building and Dwellings including Pest Control, Janitorial Services, and Carpet Cleaning Services excluding Landscaping Services and Product Sterilization Car washes 7542 Personal and Household Goods Repair and Maintenance excluding Motorcycle Repair 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 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 Movie Theaters excludingMotion picture theaters, except Ddrive-Iin Theaters 7832 Consumer Goods Videotape Rrental excluding Lawn and Garden Equipment 784 Amusement, Arts, Gambling and rRecreation Industries services operated indoors excluding Amusement Parks, Theme Parks, and Outdoor Shooting Ranges 79 Golf driving ranges and miniature golf courses 7999 Health Care Sservices including Skilled Nursing Facilities 80 Legal services 81 Adult and Child Day-Ccare Ffacilities [Amended 9-23-2020] - 41 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-Sservice Sstorage Ffacilities - Public Administration and Government Support Bbuildings including Fire and Ambulance Services - Public Uutilities 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 - Religious, Grantmaking, Civic, Professional, and Similar Organizations Churches - Libraries - Household Appliance, Electrical, and Electronic Goods Merchant Wholesalers Supplies excluding accessory outdoor storage 506 Hardware and Pplumbing and Hheating Eequipment and Supplies Merchant Wholesalers excluding accessory outdoor storage 507 Commercial batting cages operated outdoors - Fire stations, companies and rescue squads - Commercial sport and recreation clubs [Added 10-25-2000] - Social Assistance Sservices except for the following: excluding services that offer residential or housing accommodations [Added 4-23-2003] 83 Residential care 83 Technical and Trade Schools [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. 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 ----- 42 Conditional Uses Standard Industrial Classification (SIC) 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. 43 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 44 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 45 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 46 Part 604 B3 Industrial Transition District [Amended May 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 Standard Industrial Classification (SIC) Veterinary services with all activities and animals kept within the fully enclosed primary structure [Amended 1-10-2001] excluding livestock 074 Pet Care Animal specialty Sservices, except (excluding veterinary), with all activities and animals kept within the fully enclosed primary structure [Added 1-10-2001] 752 Landscape and Hhorticultural Sservices 078 Offices and Sstorage Ffacilities for Bbuilding Cconstruction Ccontractors, Hheavy Cconstruction Ccontractors and Sspecial Ttrade Ccontractors 15, 16 and 17 Commercial printing 275 Transit and Ground Passenger Transportation and related support activities Local and suburban transit and interurban highway passenger transportation 41 Truck Motor freight Ttransportation and related support activities warehousing 42 Air Transportation by air and related support activities 45 Travel Arrangement and Reservation Transportation Sservices 47 TelecCommunication Ffacilities and Ooffices, Broadcasting and Content Providers, including wired and wireless telephone, telegraph, radio, television, and other satellite communications. 48 47 Electric, gas, and other utility facilities excluding sanitary services and offices and trucking and warehousing, excluding the following: 49 Sanitary Services 495 Warehousing and Storage Advertising Sspecialties – wholesale [Added 8-24-2004] 5199 Building Mmaterials, Hhardware, Ggarden Ssupply, mobile home dealers and Rretail Nnurseries 52 Manufactured (mobile) Home Dealers Motor Vehicle and Parts Automotive Ddealers and gasoline service station 55 Gasoline Stations, with or without Convenience Stores, excluding Fuel Dealers Wholesale Ttrade Bbusinesses excluding livestock, farm products, mining and chemical storage - Food and Beverage Retailers Stores [Added 12-12-2007] 5411 Food Services, Restaurants and Other Eating Places [Added 5-26- 2004] 58 Industrial Launderers, Laundry, Ddry-Ccleaning and Laundry garment Sservices, excluding the following: 721 Coin-operated laundries 7215 Linen supply [Added 8-24-2004] 7213 Dry-cleaning plants [Added 8-24-2004] 7216 Administrative and Support Business Sservices 73 Professional, Scientific, and Technical Services including Testing Laboratories including General Business Offices General Automotive, Motorcycle, and Truck Rrepair, Sservices and Pparking 75 Personal and Household Goods Miscellaneous Rrepair services and Maintenance 76 Electronic Precision Equipment Repair and Maintenance Movie Theaters, including Drive-Iin-motion picture Ttheaters 7833 Amusement, Arts, Gambling, and Rrecreation Industries services operated indoors excluding the following: Amusement Parks or 79 48 Theme Parks and Outdoor Shooting Ranges Self-service Sstorage Ffacilities - Vocational Schools (Technical, Trade, Business, Computer and Management Training) 824 Business associations 861 Religious, Grantmaking, Civic, Professional, and Similar membership Oorganizations 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 Hhome Ssales Ooffice - Accessory Rretailing - Public Administration and Government Support Bbuildings, including Fire and Ambulance Services - Public Uutilities [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] - Postal Services Consumer Goods Rental Car, Truck, Utility Trailers, and RV (Recreational Vehicle) Rental and Leasing 49 § 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 Ttruck and Ttractor Ttruck Ttrailer Pparking -- 50 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, 51 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 52 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 53 Part 606 M1 Light Industrial District [Amended 5-19-2023] § 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) may be used to assist the Zoning Administrator in classifying the permitted uses. § 165-606.02 Allowed uses. Allowed uses are as follows: Allowed Uses Standard Industrial Classification (SIC) Landscape and Hhorticultural Sservices 078 Offices and Sstorage Ffacilities for Bbuilding Cconstruction Ccontractors, Hheavy Cconstruction Ccontractors and Sspecial Ttrade Ccontractors 15, 16 and 17 Manufacturing as follows: -- Food, Beverage, and Tobacco Manufacturing excluding Seafood Product Preparation and Packaging and Animal Slaughtering and Processing 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 Products and Textile Mmill Pproducts 22 Apparel Manufacturing or other finished products made from fabrics and similar material 23 54 Veneer, Plywood, and Engineered Wood Products Manufacturing Lumber and wood products, excluding the following: 24 Logging 241 Sawmills and planing mills 242 Wood preserving 2491 Furniture and Related Production Manufacturing fixtures 25 Converted Paper Product Manufacturing Paperboard containers and boxes 265 Converted paper and paperboard products, except containers and boxes 267 Printing, Ppublishing and Aallied Iindustries 27 Pharmaceutical and Medicine Manufacturing Drugs 283 Plastics and Rubber Product Manufacturing and miscellaneous plastic products including Footwear Manufacturing 30 Miscellaneous Manufacturing Concrete Bblock and Bbrick and Rrelated Pproducts 3271 Fabricated Mmetal Pproducts, excluding the following [Amended 9-23-2009 Coating, Engraving, and Allied Services, Ammunition (excluding small arms), Ordnance and Accessories 34 Coating, engraving and allied services 347 Ammunition, except for small arms 3483 Ordnance and accessories, not elsewhere classified 3489 Industrial and commercial Mmachinery Manufacturing and Ccomputer & Electrical Product Manufacturing equipment 35 Electronics and other Eelectrical Eequipment, Appliance, and Component Manufacturing and components excluding the following: 36 Lead acid batteries [Amended 5-12-2010] 3691 Primary batteries 3692 Storage Batteries and Primary Battery Manufacturing Transportation Eequipment Manufacturing 37 55 Measuring, analyzing and controlling instruments; photographic, medical and optical goods; and watches and clocks 38 Miscellaneous manufacturing industries 39 Local and suburban Ttransit and Ground interurban highway Ppassenger Ttransportation 41 Truck Motor freight Ttransportation and warehousing 42 Air Transportation by air 45 Travel Arrangement and Reservation Transportation Sservices 47 TeleCcommunication Ffacilities and Ooffices, Broadcasting and Content Providers, including wired and wireless telephone, telegraph, radio, television and other satellite communications 48 Public Utilities Electric, gas and other utility facilities and offices and trucking and warehousing [Amended 8-24-2004] 49 Wholesale Ttrade -- Advertising specialties – wholesale [Added 8-24-2004] 5199 Food Services, Restaurants, and Other Eating Places 58 Linen Ssupply [Added 8-24-2004 and Drycleaning and Laundry Services excluding Coin Operated Laundries 7213 Dry cleaning plants [Added 8-24-2004] 7216 Professional, Scientific and Technical Services including Business services Offices not providing services to the general public on a primary basis 73 Truck , Utility Trailer, and RV (Recreational Vehicle Rrental and Lleasing, without drivers [Added 2-7-1995] 7513 General Automotive, Motorcycle and Truck Rrepair, Services and Parking shops [Added 5-13-1992; amended 9-28-2011] 753 Commercial and Industrial Machinery and Equipment Welding Rrepair and Maintenance [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 56 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 Ccleaning [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 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 Waste Management & Remediation Services limited to glass, cardboard, and plastics recycling and excluding incerators Fabricated Metal Products Manufacturing Tinsmithing [Added 8-24-2004] 7699 Technical and Trade Vocational Sschools 824 Business associations 861 Business, Professional, Labor, Political and Similar membership Oorganizations 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 -- 57 § 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 Ttruck and Ttractor Ttruck Ttrailer Pparking -- Fitness and Recreational Sports Centers Commercial recreation, indoor:* • Professional sports clubs 7941 • Physical fitness facilities 7991 Accessory retailing -- Public Administration and Government Support Buildings including Fire and Ambulance Services -- Public Uutilities [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 Ccriminal Jjustice, Eenforcement, and Ddetention Ffacilities for Frederick County, Clarke County, and the City of Winchester -- Industrial launderers [Added 6-9-1993] 7218 Truck or Ffleet Mmaintenance Ffacilities [Added 6-9-1993] -- Self-Sservice Sstorage Ffacilities [Added 12-11-1996] -- Flex-Tech [Added 2-11-1998] -- Fire stations, companies and rescue squads [Added 10-27-1999] -- 58 • 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. 59 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 60 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 61 Part 607 M2 Industrial General District [Amended 5-19-2023] § 165-607.01 Intent. The intent of this district is to provide for a wide variety of heavy manufacturing, commercial office and heavy commercial 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) may be used to assist the Zoning Administrator in classifying the permitted uses. § 165-607-02 Allowed Uses Allowed Uses Standard Industrial Classification (SIC) All Uuses Aallowed in the M1 (Light Industrial) Zoning District Additional manufacturing as follows: Food Manufacturing including Animal Slaughtering and Processing, Seafood Product Preparation and Packaging, and Rendering and Meat Byproduct Processing 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 Wood Product Manufacturing Sawmills and planning mills 242 Wood preserving 2491 Pulp, Paper, and Paperboard Mills allied products 26 Chemicals Manufacturing and allied products 28 Petroleum and Coal Products Manufacturing including Fuel Dealers refining and related industries 29 Leather and Allied leather Pproducts Manufacturing 31 Concrete Block and Brick, Glass and Related Products excluding Asbestos Stone, clay, glass and concrete products, excluding the following [Added 7-9-1977] 32 Asbestos Products 3292 Primary metal industrySteel Manufacturing 33 Coating, Eengraving, Heat Treating, and Aallied servicesActivities 347 Ammunition, Ordinance and Aaccessories Manufacturing 348 Storage Bbatteries and Primary Batteries 3691 Primary batteries 3692 All Other TelecCommunications services, not elsewhere classified [Added 8-24-2004] 4899 Public Utilities Electric, gas, and sanitary services [Added 8-24-2004] 49 62 § 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 -- Fuel Ddealers 598 Specialty Contractors Gas systems contract conversion from manufactured to natural gas [Added 8-24-2004] 7389 Automotive repair, services and parking 75 Junkyards and automobile graveyards Auto Merchant Wholesalers -- Recycling operations Waste Management & Remediation Services including incinerators -- Manufacturing or wholesaling of explosives -- Incinerators -- Steam power plants -- Heavy equipment storage yards Tractor Truck and Tractor Truck Trailer Parking as primary use -- 63 :4 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, 64 :4 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 65 :4 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. 66 :1 PART 605 TM Technology-Manufacturing Park District [Added 12-10-2008, Amended January 19 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) may be used to assist the Zoning Administrator in classifying the permitted uses. § 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: Food, Beverage, and Tobacco Manufacturing excluding Seafood Product Preparation and Packaging and Animal Slaughtering and Processing 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 Rrelated Pproduct Mmanufacturing 25 Converted Paper Product Manufacturing Paperboard containers and 265 67 :1 boxes Printing, Publishing, and Allied Iindustries 27 Pharmaceutical and Mmedicine Mmanufacturing 283 Plastics and Rubber Product Manufacturing including Footwear and miscellaneous plastics Mmanufacturing excluding Tire Manufacturing 30 Excluding uses in italics: Tires and inner tubes 3011 Fabricated Mmetal Pproducts Manufacturing, excluding Engraving and Allied Services, Ammunition, Ordnance and Accessories 34 Industrial and commercial Mmachinery Manufacturing and Ccomputer and Electrical Productequipment Mmanufacturing 35 Electrical Electronics and other electrical Eequipment, Appliance and Ccomponents Mmanufacturing 36 Storage Batteries and Primary Battery Manufacturing Aircraft and parts Mmanufacturing 372 Guided Missiles, and Space Vehicles, and Parts Manufacturing 376 Measuring, analyzing and controlling instruments; photographic, medical and optical goods; and watches and clocks 38 Miscellaneous Mmanufacturing industries 39 TelecCommunications Facilities and Offices, Broadcasting and Content Providers, including wired and wireless telephone, radio, television, and other satellite communications 48 Depository Institutions Finance, Insurance, Legal and Offices of Real Estate 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 Professional, Scientific and Technical Business Sservices including Testing Laboratories 73 Health Care Services Doctors offices and clinics 801-804 Medical and Ddental Llaboratories 807 68 :1 Legal services 81 Technical and Trade Vocational Sschools 824 Business, associations Professional, Labor, Political and Similar Organizations 861 69 :2 § 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 Aadministration and Government Support Buildings 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 Uutilities - 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 70 :4 § 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. 71 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. 72 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. 73 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 this Part 608 to avoid the encroachment of incompatible uses on the borders of the EM District. The North American Industry Classification System (NAICS) may be used to assist the Zoning Administrator in classifying the permitted uses §165-608.02 Permitted uses. The following uses shall be allowed 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 and 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 Quarring 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 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. 74 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- 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. 75 § 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. 76 Proposed Changes – HE (Higher Education) District Revised May 31, 2023 Part 609 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) 77 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. 78 Part 609 HE (Higher Education) District [Amended 5-19-2023] §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) may 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: 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 centers Places of Religious Worship Wellness Centers (as defined) Parks 79 Postal Services 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 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 80 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. 81 Proposed Changes – MS District Revised August 21, 2023 Part 504 MS (Medical Support) District [Amended 8-21-2023] §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 82 Proposed Changes – MS District Revised August 21, 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 83 Proposed Changes – MS District Revised August 21, 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) 84 Proposed Changes – MS District Revised August 21, 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. 85 Proposed Changes – MS District Revised August 21, 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 86 Proposed Changes – MS District Revised August 21, 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. 87 Proposed Changes – MS District Revised August 21, 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. 88 Proposed Changes – MS District Revised August 21, 2023 Part 504 MS (Medical Support) District [Amended 8-21-2023] §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. 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 UsesPermitted Uses Colleges, Uuniversities, Pprofessional schools, and Jjunior Ccolleges Standard Industrial Classification (SIC) 822 Libraries 823 Nursing schools, practical 8249 (2)Research support services: Allowed Uses Standard Industrial Classification (SIC) Pharmaceutical and Medicine Manufacturing Research and development facilities for Drugs 283 Scientific Research and Development Services including Testing Agencies Commercial physical and biological research 8731 Noncommercial research and organizations 8733 Testing Laboratories 8734 89 (3)Professional and commercial support services. Allowed Uses Standard Industrial Classification (SIC) Food Services and Drinking Places excluding Mobile Food Services Convenience stores 5411 Food and Beverage Retailers excluding Fruit and Vegetable Stands and Vending Machine Operators Retail bakeries 546 Coffee Stores, health food stores and vitamin stores 5499 Health and Personal Care Retailers Retail uniform stores 5699 Eating places 5812 Drug stores and proprietary stores 591 Miscellaneous Retailers limited to Bookstores, News Stand/Dealers, Stationary Stores, Gift Shops, Florists, and Uniform Stores 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 Finance and Insurance, Holding, and Offices of Real Estate 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 90 Insurance agency, brokers and service offices1 6411 Real estate agents and managers offices 6531 Holding offices 671 Hotels and Mmotels, including Rooming and Boarding Houses, and Dormitories; excluding Workers Camps 701 Organizational hotels and lodging houses 704 Coin Operated Laundries, Drycleaners, and Linen Supplies Garment pressing and agents for laundries and dry cleaners 7212 Linen supplies 7213 Personal Care Services 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 Ssterilization Sservices 7389 Electronic & Precision Equipment Repair and Maintenance 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 Civic and Social Organizations Membership sports and recreation clubs 7997 Ambulatory Health Care Services, Hospitals, Nursing and Residential Care Facilities Offices and clinics of doctors and dentists 801-804 Hospitals 806 Medical laboratories 8071 Dental laboratories 8072 1 Editor’s Note: The entry providing for operators of nonresidential buildings, which immediately followed this entry, was repealed 7-23-2008 91 Miscellaneous health and allied services 809 Adult day-care centers [Added 7-23-2008] 8322 Child day-care services 8351 Public Bbuildings, including the following Social Service Offices Social services offices Free medical clinics (4)Manufacturing and wholesaling support services: Allowed Uses Standard Industrial Classification (SIC) Pharmaceutical Mmachinery Manufacturing 3559 Medical Equipment and Supplies Manufacturing Surgical, medical, and dental instruments and supplies 384 Ophthalmic goods 385 Medical, Ddental, and Hhospital Eequipment and supplies Merchant Wholesalers 5047 Ophthalmic Ggoods Merchant Wholesalers 5048 Laboratory equipment, except medical and dental 5049 Drugs, drug proprietaries, and Ddruggist Ssundries Merchant Wholesalers 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 92 Operators of dwellings other than apartment buildings 6514 Dormitories, commercially operated 7021 Nursing and personal care facilities 805 Residential care facilities 836 Dormitories, Mmedical and Aallied Hhealth (As defined) Halfway Hhouse (As defined) Treatment Hhome [Amended 6-13-201222] (As defined) Family Ccare Hhome (As defined) Group Hhome (As defined) Protected Ppopulation Hhome (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 Places of Religious Worship Churches 8661 Fire Pprotection 9224 Conference/Eevents Ccenter (As defined) Fleet Mmaintenance Ffacility, Mmedical and Aallied Hhealth (As defined) On-site Uutility Ssystems (As defined) Telecommunications Ttowers and Ffacilities (As defined) Warehousing, Mmedical and Aallied Hhealth Sservices (As defined) Wellness Ccenters (As defined) 2 Editor’s Note: This ordinance also repealed “drug treatment home,” which immediately followed this use. 93 (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)Residential care facilities 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. (b)Residential care facilities may include hHome occupations (as defined). (c)Continuing-care retirement communities (as defined) Residential care facilities 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. [21]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. [32]The continuing-care retirement community residential care 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. [43]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. [54]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 94 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 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 § 165-504.03BD 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 satisfying VDOT spacing standards, 95 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 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. 96 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 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 97 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. (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. 98 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. 99 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, government 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 (SIC 506 & 507) §165-204.23 Welding repair (SIC 7692) §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 (SIC 5431) §165-401.03 Conditional uses. U. Welding repair (SIC 7692) AA. Offices and clinics of doctors of medicine, dentists, and other health practitioners (SIC 801, 802, 803 and 804) Part 402 RP Residential Performance District §165-402.03 Conditional Uses 100 Proposed Changes – SIC Conversion – Other Amendments Revised May 31, 2023 H. Offices and clinics of doctors of medicine, dentists, and other health practitioners (SIC 801, 802, 803 and 804) Article VII Overlay Districts Part 704 IA Interstate Overlay District §165-704.04 Qualifying Criteria [Reserved] A.On property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District, the following uses shall be authorized to erect a commercial business sign that complies with the requirements of § 165-704.05 of this Part 704. Such commercial business signs complying with the requirements of § 165-704.05 of this Part 704 shall hereinafter be referred to as "interstate overlay signs." Qualifying Uses Standard Industrial Classification (SIC) Gasoline service stations 5541 Eating and drinking establishments 58 Hotel and lodging establishments 70 B.Qualifying uses specified under § 165-704.04A that are authorized on property through the issuance of a conditional use permit in the RA Rural Areas District may be entitled to erect an interstate overlay sign that is of a greater height and size than is permitted in the underlying zoning district, provided that the property has met the requirements of Article I of this chapter, the business sign complies with the requirements of § 165-704.05 of this Part 704 and the qualifying use is located on property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District. 101 82 8381 84 8580 86 8779 90 77 9188 92 93 76 89 94 7574 5655 73 54 72 535251 71 50 70 49 66 48 65 47 6968 64 36 44404241393843 67 37 45 6362 312925 33 342827263032 6160595857 05 06 07 23211816 24 08 201917 22 02 09 10 11 03 12 13 04 14 15 01 35 46 78 §¨¦81 §¨¦81 §¨¦81 §¨¦81 §¨¦66 £¤11 £¤522 £¤522 £¤522 £¤522 £¤50 £¤522 £¤522 £¤50 £¤50 £¤11 ¬«55 ¬«7 ¬«259 ¬«127 ¬«277 ¬«7 ¬«37 ¬«7 ¬«37 FAI R F A X P I K E PAYNE RDWARDENSVILLEPIKEVALLEYPIKEWARM SPRINGS RDR E LIA N C E R D SINGHASS RDCOSTELLODR P A P E R M I L L R DMERRIMANS LNREDLAND RD MILLE R R D SPLEASANTVALLEYRDCARPERS PIKENEWLINSHILLRDGORERDMILL W O O D P I K EHUNTING RIDGE RDG A I N E S B O R O R D WELLTOWN RDFAIRFAX PI K E TASKER RDBURNTCHURCHRD ROUNDHILLRDSILER RDRED O A K R D GOLDS HILL RD M A G I C MOUNTAI NRDDICKS HOLLOW RDCROSSJUNCTI O N RDPOORHOUSE RDEPARKINSMILLRDVICTORY RDWARDENSVILLE GRN TIMBER RIDGE RDINDIANHOLLOWRD S T O N Y H IL L R DNSLEEPYCREEKRDKNOB RDPRINCE FREDERICK DRSULPHUR SPRINGRDMORGANRDMOUNTOLIVERDS TIMBER RIDGE RDGREENWOODRDCHESTNUTGROVERDBL O O M E R Y P I K E BACK MOUNTAIN RDNHAYFIELDRDCEDARGROVERDRIDG E V I E W R D BROOKERDS HAYFIELD RDSHAWNEE DRHEDRICK LNBAKER LNNEWHOPERDMCDONALDRDRITTERRDBRUCET O W N R D MIDDLERDKINGSP A N W A Y EBENEZER CHURCH R D PACKHORSERDNORTHWESTERNPIKE BROOKNEILDR AMHER S T S T J O R D A NSPRI NGSRDMORGANMILLRDCH A P E L R D HOL LOW RDFAIRVIEW RDREST CHURCH RD VALLEYMILLRD AP P L E V A L L E Y R D CARPERSVALLEYRD HUDSONHOLLOWRDFRONT ROYAL PIKEBRYARLY RD D O U BL E C H U R C H R D CHAPEL HILL RD FAIR LNSH A D Y C R E E K R DFLETCHERRD VALLEY PIKEFORTCOLLIERRDLENOIR DRMORRISONS RDCEDAR CREEK GRMAR A N T O M A N O R D R B ETH EL G R A N G E R D SHADY ELM RDMUSE RDH OPEWELLRD INDEP E N D E N CEDRWARRIOR DRWOODS MILL RDWEEMS LN WHITE OAK RDO LDBALTIMORERDFRONTROYALPIKEAIRP O R T R D TOWNRUNLNCOLLINSVILLE RDSIR JOHNS RD MARTINSBURGPIKEGLAIZEORCHARDRD COUG ILLRD GLENDOBBI N R D PARKCENTERDR SHOCKEYSVIL L E R D MEADOW MILLS RDLIGHTRDWHISSENS RIDGE RDMINEBANK RDS A IN T C L A I R R D GUNCLUBRDSENSENYRD NORTHWESTERNPIKE HITES RDCATTAI L R D N F R E D E R I C K P I K E AYLORRDMIDDLE FORK RDCEDAR HILL RD O L D M IDDLERDWHIT E H A L L R D APPLE PIE RIDGE RDBERRYVILLEPIKE WOODBINE RD PARISHVILLE RDGREENSPRINGRDVETERANS RDWRIGHTRDSNOWDENBRIDGEBLVDMACEDONIA CHURCH RD CANTERBU R G R D RIDINGCHAPELRD RT37 SMARLBORO RD GRACE C H U R C H R D JONESRDB RIC K KILN RD PERRY RDCOLE L NWHITACRERDBACK CREEK RDWI N D I N G H I L L R DWOODCHUCK LNHUTTLE RDNPIFERRD SPRINGDALE RDMARPLE RDCARTERS LNVALLEY PIKEBRUSHCREEKRD ARBOR CTMILLWOOD PIKEFLINTRIDGELN SADDLEBACK LNREYNOLDS RDMARTINSBURGPIKEOATES RDGERMANY RDCEDARCREEKGRMCGHEERDGLENGARY RDBOUNDARY AVEBELLE VIEW LNSTEPHENSONRD YARDMASTER CT JOHN DEERE CTBUFFALOMARSHRDOLDCHARLESTOWNRD LAU R E L G R O V E R D HUNTINGRIDGERDGARDNERSRDCHAPEL LN FI S H E L R D MICHAEL DRVAUCL U S E R DS PIFER RDBRANSON S P R I N G R D CALDWELLLNSTARTANNERYRDPASSAGE LNWISE MILL L N BURNTFACTORYRDMCCU N E R D KLINES M I L L R D MILBURN RDARMEL RDSTAR TANNERY RDAIRPOR T RDTHREECREEKSRDRT37 NHILLANDALELNFROGHOLLOWRDS B U C K T O N R D GO U G H R D BE L L EGROVERDTYSON DRMORGANFREDERICKGRINDIAN HOLLOW RDB RI L L RDWBROOKERDMOUNTAINFALLSRD PINE RD F R O M ANS RD ADAMS RDWAVERLYRDMC C U B BINRDCLA R K R D CATALP A R D ROCKY FORD RDEDDYSLNBAB B SMOUNTAINRDGRAVELS P R IN G S R D CUMBERLAND TRAIL RD N BUCKTON RDW PARKINS MILLRD HIATT RD GRIM RDR E D B UDRD BA R L E Y L 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 GR102 Planning Commission Agenda Item Detail Meeting Date: November 1, 2023 Agenda Section: Information/Discussion Title: Ordinance Amendment - Sign Ordinance (Revisions and RA Sign Height) - (Mr. Klein) Attachments: PC11-01-23OA_Signs.pdf 103 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Department of Planning & Development Staff SUBJECT: Ordinance Amendment – Sign Ordinance DATE: October 20, 2023 Proposal: The following changes are proposed to Signs Ordinance (§165-201.06) section of the Zoning Ordinance: - To remove §165-201.06(1)(C) which is no longer necessary as “signs allowed in certain districts” are no longer listed in each zoning district. Table 1, outlined later in the Sign Ordinance, specifies the sign types allowed in each zoning district. -To increase the allowed height permitted in the RA (Rural Areas) Zoning District from four (4) feet to eight (8) feet in height. This ordinance amendment was initiated by staff. Current Zoning Ordinance Standard: A comprehensive revision to the sign ordinance was adopted by the Board of Supervisors in May 2023. In implementing the revised ordinance staff have identified inconsistencies in the sections that require immediate attention. The sign height currently permitted in the RA District (four feet) was carried over from the previous version of the ordinance. Meeting Summary & Requested Action: The Development Review and Regulations Committee (DRRC) discussed this ordinance amendment on September 28, 2023, and sent the item forward for discussion. Staff is seeking comments from the Planning Commission to forward to the Board of Supervisors for additional discussion. MTK/pd Attachment: 1. Proposed Changes -– Redline 104 Proposed Changes – Sign Ordinance Revisions Drafted August 30, 2023 ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201 – Supplementary Use Regulations §165-201.06 Signs 1. Signs Prohibited and Permitted. A. Signs and characteristics prohibited in all districts. The following signs are unlawful and prohibited in all zoning districts: (1) Signs that violate state or federal law, for example unofficial traffic control devices as prohibited under § 46.2-831 of the Virginia Code. (2) Signs with characteristics that create a safety hazard or are contrary to the general welfare. (3) Certain sign types. Signs that are: a. Animated or flashing signs. b. Signs painted directly onto the exterior of buildings. c. Inflatable signs. d. Roof sign. e. Snipe Signs B. Signs allowed in all districts. The following signs are allowed without a sign permit and will not be included in the determination of the type, number, or area of permanent signs allowed within a zoning district, provided such signs comply with the regulations in this section, if any. (1) Address signs. (2) Government/regulatory signs. (3) Official traffic signs and private road/drive signs. (4) Signs erected or required by a governmental agency. (5) Temporary signs. (6) Flag signs. (7) Directional signs. (8) Holiday and seasonal decorations. (9) Security and warning signs. (10) Legal notices, such as posted service or notice of unfitness for habitation. C. Signs allowed in certain districts. The following types of signs are allowed only if they are specifically listed under the list of allowed uses for the zoning districts in which they are located: (1) Monument signs. (2) Multi-tenant Complex signs. (3) Wall-Mounted signs. (4) Window signs. (5) Off-Premise signs. (6) Electronic signs. (7) Signs approved with a Conditional Use Permit, such as cottage occupation signs. 105 Proposed Changes – Sign Ordinance Revisions Drafted August 30, 2023 (4) Specific sign regulations by zoning district. (a) RA (Rural Areas) District. For parcels in the RA District with an allowed by-right use (excluding residences) or an approved conditional use permit (CUP) the maximum size and number of signs that the owner or owners of the property may erect and maintain at the entrances to the property are subject to the following requirements: 1. Signs in the RA District may be pole-mounted, hanging or monument style signs. 2. Number. One sign is permitted per parcel. 3. Height. Signs in the RA District must not exceed four eight feet in height. 4. Size. Signs in the RA District must not exceed 50 square feet in sign area. 5. Illumination. All sign illumination must comply with requirements outlined in § 165- 201.06B(2)(c), Sign illumination. 106 Planning Commission Agenda Item Detail Meeting Date: November 1, 2023 Agenda Section: Information/Discussion Title: Ordinance Amendment - Telecommunication Facilities (Setback Waiver) - (Mr. Klein) Attachments: PC11-01-23OA_TelecommunicationFacilities.pdf 107 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Department of Planning & Development Staff SUBJECT: Ordinance Amendment – Telecommunications Facilities, Commercial DATE: October 24, 2023 Proposal: This is a proposal to amend the supplementary use regulations for commercial telecommunication facilities to modify the criteria for a setback waiver by the Board of Supervisors (§165 - 204.19(C)(3)(a)). This ordinance amendment was initiated by a telecommunications provider. Current Zoning Ordinance Standard: The Zoning Ordinance §165-204.19(C)(3)(a) specifies: “The Board may reduce the required setback distance for the wireless facility or wireless support structure as required by § 165- 201.03B(8) of this Code if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Board that the wireless facility or wireless support structure is designed, and will be constructed, in a manner that if the wireless facility or wireless support structure collapsed the wireless facility or wireless support structure will be contained in an area around the wireless facility or wireless support structure with a radius equal to or lesser than the setback, measured from the center line of the base of the wireless facility or wireless support structure. In no case, shall the setback distance be reduced to less than 1/2 the distance of the height of the wireless facility or wireless support structure.” The current commercial telecommunication facilities were comprehensively updated in 2019. Requested Action: The DRRC discussed this item on September 28, 2023, and endorsed the proposed changes. Staff is seeking comments from the Planning Commission to forward to the Board of Supervisors for additional discussion. MTK/pd Attachment: 1. Proposed Changes -– Redline 108 Proposed Changes – Telecommunications Facilities Revised September 13, 2023 Chapter 165 – Zoning Ordinance ARTCLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part – 204 Additional Regulations for Specific Uses §165-204.19 Telecommunication facilities, commercial. C. Standard process projects. 1. Except as provided in subsection B, no wireless facility or wireless support structure shall be sited, constructed, or operated except pursuant to a conditional use permit issued through the process defined in Part 103 of Article I of this Chapter. The issuance of a conditional use permit for the siting, construction, and operation of a wireless facility is permitted within the zoning districts specified in this Chapter, provided that, pursuant to Virginia Code § 15.2- 2232(A), the general location or approximate location, character, and extent of such facilities are substantially in accord with the adopted Comprehensive Plan or part thereof and that adjoining properties, surrounding residential properties, land use patterns, scenic areas, and properties of significant historic value are not negatively impacted. [based on current intro to County Code § 165-204.19] 2. Any person seeking to install a facility or structure pursuant to this subsection shall make application to the Zoning Administrator, accompanied by payment of a fee of $7,000. [Va. Code § 15.2-2316.4:1(B)(2) (“the fee shall not exceed the actual direct costs to process the application, including permits and inspection”)] The application shall be subject to consideration as follows and include the indicated information: a. The Board of Supervisors shall approve or disapprove the application within 150 days of receipt of the complete application by the Zoning Administrator or such shorter period as required by federal law, unless the applicant and the Board agree to a longer period for approval or disapproval of the application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. [Va. Code § 15.2-2316.4:1(C)] b. Information to be included with application: i. A map depicting the search area used in siting the proposed facility or structure [Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(2)]; ii. Identification of all service providers and commercial telecommunications facility infrastructure within the search area [Va. Code § 15.2-2316.4:2(D); based on current 165-204.19(A)(3)]; 109 Proposed Changes – Telecommunications Facilities Revised September 13, 2023 iii. Confirmation that attempts to co-locate on existing structures have been made and, if such attempts were unsuccessful, the reasons so [Va. Code § 15.2- 2316.4:2(D); based on current 165-204.19(A)(3)]; iv. Documentation issued by the Federal Communications Commission indicating that the proposed facility is in compliance with the Federal Communications Commission’s established ANSI/IEEE standards for electromagnetic field levels and radio frequency radiation [based on current 165-204.19(A)(4)]; v. An affidavit signed by the landowner and by the owner of the facility or structure stating that they are aware that either or both of them may be held responsible for the removal of the facility or structure as stated in subsection E [based on current 165-204.19(A)(5)]; and vi. The applicant may voluntarily submit, and the Board may accept, conditions that address potential visual or aesthetic effects resulting from the placement of the facility or structure. [Va. Code § 15.2-2316.4:2(C)] 3. If the Board of Supervisors grants a conditional use permit under this subsection, the following standards shall then apply to any property on which a wireless facility or wireless support structure is sited, in order to promote orderly development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas, and properties of significant historic value: a. The Board may reduce the required setback distance for the wireless facility or wireless support structure as required by § 165-201.03(B)(8) of this Code if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Board that the wireless facility or wireless support structure is designed, and will be constructed, in a manner that if the wireless facility or wireless support structure collapsed the wireless facility or wireless support structure will be contained in an area around the wireless facility or wireless support structure with a radius equal to or lesser than the setback, measured from the center line of the base of the wireless facility or wireless support structure. In no case shall the setback distance be reduced to less than 1/2 the distance of the height of the wireless facility or wireless support structure. The Board may reduce the required setback distance for the wireless facility or wireless support structure as required by 165-201.03B(8) of this Code if the applicant submits sufficient documentation, certified by a registered Virginia professional engineer, that, in the event of a collapse of the wireless facility or wireless support structure, the collapsed wireless facility or wireless support structure will be contained in a fall zone that does not extend into the area of the proposed reduced setback, measured from the center line of the base of the wireless facility or wireless support structure. The reduced required setback distance under this provision shall not be any less than that required to accommodate the indicated fall zone. b. Monopole-type construction shall be required for any new wireless facility or wireless support structure. The Board may allow lattice-type construction when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historic resources. 110 Proposed Changes – Telecommunications Facilities Revised September 13, 2023 c. No more than two signs shall be permitted on any wireless facility or wireless support structure. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade. d. When lighting is required for a wireless facility or wireless support structure, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with the wireless facility or wireless support structure shall utilize infrared lighting and motion-detector lighting to prevent continuous illumination. e. Every wireless facility and wireless support structure shall be constructed with materials of a galvanized finish or be of a non-contrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. f. Every wireless facility and wireless support structure shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads, or other rights-of-way. [the entirety of the above subsection C(3) is based on current 165-204.19(B)] 4. If the Board of Supervisors denies a conditional use permit under this subsection, the Board shall: a. Provide applicant with a written statement of the reasons for the denial [Va. Code § 15.2-2316.4:1(E)(1)]; b. Identify any modifications of which the County is aware that would permit it to approve the conditional use permit [Va. Code § 15.2-2316.4:1(E)(2)]; and c. Have supporting substantial record evidence in a written record publicly released within 30 days of denial [Va. Code § 15.2-2316.4:1(F)(2)]. D. Maintenance of existing facilities and/or structures and replacement of existing facilities and/or structures within a 6-foot perimeter with substantially similar or same size or smaller facilities and/or structures is exempt from fees and permitting requirements under this section. [Va. Code § 15.2- 2316.4:3(A)] E. Any facility or structure permitted by this section that is not operated or used for a continuous period of 12 months shall be considered abandoned, and the owner of such facility or structure shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. If the facility or structure is not removed within the ninety-day period, the County may remove the facility and a lien may be placed to recover expenses. [Va. Code § 15.2-2316.4(B)(6); based on current County Code § 165-204.19(B)(7)] 111 Planning Commission Agenda Item Detail Meeting Date: November 1, 2023 Agenda Section: Information/Discussion Title: Planning Commission Bylaws Amendment - (Mr. Pearson) Attachments: PC11-01-23PlanningCommissionBylawsAmendment.pdf 112 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 MEMORANDUM TO: Frederick County Planning Commission FROM: Wyatt Pearson, AICP, Director of Planning and Development RE: Proposed Changes to Planning Commission Bylaws DATE: October 24, 2023 Included in your packet is an amendment to the Planning Commission bylaws to allow for code compliant electronic participation by Planning Commissioners. The draft changes mirror the adopted board policy. Staff would call attention to the limits established for “personal matters” which do not allow more than two (2) instances in a given year. The State code does allow for two (2) instances annually or 25% of the meetings held per calendar year rounded up, whichever is greater. Consequently, the Commission could elect to include the 25% allowance which would roughly equate to six (6) meetings assuming no cancellations in a given year. WGP 113 PLANNING COMMISSION BYLAWS County of Frederick, Virginia Amended by Planning Commission October 18, 2023 ARTICLE I - AUTHORIZATION 1-1 The Frederick County Planning Commission is established by and in conformance with Chapter 21 of the Code of Frederick County, and in accord with the provisions of Section 15.2-2210 of the Code of Virginia (1950), as amended. 1-2 The official title of this body shall be the Frederick County Planning Commission, hereinafter referred to as the "Commission". ARTICLE II - PURPOSE 2-1 The primary purpose of the Commission is to advise the Frederick County Board of Supervisors and to carry out all duties and functions described by the Code of Virginia, as amended. ARTICLE III - MEMBERSHIP 3-1 The membership of the Commission shall be determined by the Frederick County Board of Supervisors as specified in Chapter 21 of the Code of Frederick County. Methods of appointment and terms of office shall be determined by Chapter 21 of the Code of Frederick County. 3-2 Within the first month of initial appointment, new Commissioner appointees shall: 1) participate in an orientation to familiarize themselves with the operations of the Department and the Commission, and 2) meet with planning staff representatives in an effort to review and better understand specific agenda items by no later than their second Planning Commission meeting. 114 2023 Planning Commission Bylaws Page 2 ARTICLE IV - OFFICERS 4-1 Officers of the Commission shall consist of a chairman, vice-chairman and secretary. The chairman and vice-chairman must be voting members of the Commission. The secretary shall be a member of the Commission or a county employee. 4-2 Selection 4-2-1 The officers shall be elected by the voting members of the Commission at the first meeting of the calendar year. 4-2-2 Nomination of officers shall be made from the floor. Elections of officers shall follow immediately. A candidate receiving a majority vote of the entire voting membership shall be declared elected. 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. 4-3-1-2 Appoint committees. 4-3-1-3 Rule on procedural questions. A ruling on a procedural question by the chairman shall be subject to reversal by a two-thirds majority vote of the members present. 4-3-1-4 Report official communications. 4-3-1-5 Certify official documents involving the authority of the Commission. 4-3-1-6 Certify minutes as true and correct copies. 4-3-1-7 Carry out other duties as assigned by the Board of Supervisors and the Commission. 4-3-2 The Vice-Chairman shall: 4-3-2-1 Assume the full powers of the chairman in the absence or inability of the chairman to act. 4-3-2-2 When acting as chair, the vice-chairman shall carry out other duties as assigned by the Board of Supervisors and the Commission Chairman. 115 2023 Planning Commission Bylaws Page 3 4-3-3 The Secretary shall: 4-3-3-1 Ensure that attendance is recorded at all meetings. 4-3-3-2 Ensure that the minutes of all Commission meetings are recorded. 4-3-3-3 Notify members of all meetings. 4-3-3-4 Prepare agendas for all meetings. 4-3-3-5 Maintain files of all official Commission records and reports. Official records and reports may be purged in accordance with applicable state codes. 4-3-3-6 Give notice of all Commission meetings, public hearings and public meetings. 4-3-3-7 Provide to the Board of Supervisors reports and recommendations of the Commission. 4-3-3-8 Attend to the correspondence necessary for the execution of the duties and functions of the Commission. 4-4 Term of Office 4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the Commission. In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. 4-5 Temporary Chairman 4-5-1 In the event of the absence of both the chairman and the vice-chairman from any meeting, the Commission shall designate from among its members a temporary chairman who shall act for that meeting in the absence of the chairman or vice-chairman. ARTICLE V - COMMITTEES 5-1 The Commission shall establish committees necessary to accomplish its purpose. 5-2 In establishing committees, the Commission shall describe the purpose for each committee. 5-3 Members of the committees shall be appointed by the chairman and will serve for a term of one year. The chairman may request recommendations from the Commission or committee members on committee appointments. 116 2023 Planning Commission Bylaws Page 4 5-4 Commission members, employees of the County, and citizen volunteers may be members of the committee. 5-5 The chairman and vice-chairman of the Planning Commission shall be ex-officio members of every committee. 5-6 The committees will elect a chairman and vice-chairman annually. These officers shall be current Commission members and should represent different Magisterial Districts, if possible. 5-7 The committees may operate as a committee of the whole or by executive committee, with current and past Commission members serving as members of the executive committee. 5-8 The committees may establish standing subcommittees whose activities will be a specific responsibility of the parent committee. One executive committee member will serve as liaison to the standing subcommittee and will assist staff in managing its activities. Membership will be comprised of past Commission members and citizens. Membership will be appointed by the chairman of the Committee with concurrence by the Commission Chairman. 5-9 The committees may establish working groups to assist in specific, carefully-defined tasks for a limited period of time. Important considerations for membership on the working group are skills and experience necessary to assist in providing acceptable solutions. Membership will be appointed by the Chairman of the Committee with concurrence by the Commission Chairman. ARTICLE VI – COMMISSION MEETINGS 6-1 At the first meeting of each calendar year, the Commission shall fix the date, time, and place of all its regular meetings for the ensuing calendar year and shall fix the day on which a regular meeting shall be continued should the Chairman declare that weather or other conditions make it hazardous for members to attend. 6-2 Special meetings may be called by the chairman or by the secretary after due notice and publication by the secretary. 6-3 Notice of all meetings shall be sent by the secretary with an a genda at least five calendar days before the meeting. 6-4 All meetings of the Commission shall be open to the public except for Closed Sessions held in accordance with the provision specified under Section 2.2-3711(A) of the Code of Virginia, 1950, as amended. 117 2023 Planning Commission Bylaws Page 5 6-5 Remote Meeting Participation [Adopted October 18, 2023] The Planning Commission adopted the following policy to permit individual Commissioners to participate via electronic communication means in Planning Commission meetings, as permitted by Virginia Code §2.2-3708.3. Section §2.2-3708.3 states, with respect to such a policy: “The policy shall be applied strictly and uniformly, without exception, to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting.” A Commissioner may participate from a remote location when he or she experiences a personal matter or medical condition or disability that prevents attendance in person, or when a family member’s medical condition that requires the member to provide care for such family member prevents the member’s attendance in person. Whenever a Commissioner wishes to participate from a remote location, the following requirements apply: • On or before the day of the meeting, the Commissioner must notify Chair, or, if the Commissioner who wishes to participate remote is the Chair, the Chair must notify the Vice Chair, and indicate the nature of the matter necessitating remote participation, as set forth below. • The Commissioner’s absence must be due to a personal matter or medical condition or disability that prevents attendance in person, or when a family member’s medical condition that requires the member to provide care for such family member prevents the member’s attendance in person. o In the case of absence due to a personal matter (not medical/disability), the Commissioner may not participate remotely more than twice in one calendar year, and the Commissioner shall identify the personal reason, for inclusion in the Planning Commission’s minutes to note remote participation for that reason. o In case of absence due to medical/disability reason, or a family member’s medical condition, the minutes must note the fact of remote participation for that reason, but minutes need not note the particular condition/disability. There is no limit on the number of times a Commissioner may participate remotely for medical/disability reasons. • The Commissioner must identify the location of his or her participation (which itself need not be open to the public), for inclusion in the Planning Commission’s minutes. • The Commissioner’s voice must be audible to all persons attending the meeting in person. • The Planning Commission must approve such participation on the particular occasion and note the fact in the minutes, including the reason for remote participation and the remote location from which the member participated. If the Planning Commission denies participation, the Planning Commission also must note that fact in the minutes, with the 118 2023 Planning Commission Bylaws Page 6 reasons for disapproval. With respect to approval/denial, the Planning Commission must uniformly apply the policy (denial can only be for noncompliance with the policy). • A Quorum of the Planning Commission must be physically present at the meeting location. ARTICLE VII - VOTING 7-1 A majority of voting members shall constitute a quorum. No action shall be taken, or motion made unless a quorum is present. 7-2 No action of the Commission shall be valid unless authorized by a majority vote of those present and voting. ARTICLE VIII - OPERATING RULES 8-1 Order of Business for a regular meeting 8-1-1 Call to Order. 8-1-2 Adoption of the Agenda. 8-1-3 Consideration of Minutes. 8-1-4 Committee Reports. 8-1-5 Citizen Comments on Items not on the Agenda. 8-1-6 Public Hearings. 8-1-7 Action Items. 8-1-8 Information/Discussion Items 8-1-9 Other. 8-1-10 Adjournment. 8-2 Minutes 8-2-1 The Commission shall keep minutes of each meeting. The chairman and secretary shall sign all minutes following approval by the Commission certifying that the minutes are true and correct. Minutes made available to the public prior to formal approval by the Commission shall be clearly identified as a draft version of the meeting. 119 2023 Planning Commission Bylaws Page 7 8-3 Procedures 8-3-1 Parliamentary procedure in the Commission meetings shall be governed by Robert's Rules of Order, except where otherwise specified in these procedures. 8-3-2 Whenever an agenda item involves a recommendation to the Board of Supervisors, the Commission shall continue to consider the item until a definite recommendation is made. If a motion has been made and defeated, additional, different motions may be made concerning the item under consideration. 8-3-3 The initial motion on an agenda item shall be made by a member representing the application’s Magisterial District. If both District representatives are absent or decline to make the initial motion, then any other Commissioner may act. 8-3-4 Business items on the agenda shall be considered using the following procedures: 8-3-4-1 Report by County Staff. 8-3-4-2 Presentation by Applicant. 8-3-4-3 Citizen Comment. 8-3-4-4 Applicant Response. 8-3-4-5 Staff Summary. 8-3-4-6 Discussion by Commission. 8-3-4-7 Motion and Action by Commission. 8-3-5 Public comment shall be allowed in all cases required by the Code of Virginia, 1950, as amended, or the Code of Frederick County. In other cases, the chairman may allow public comment. 8-3-6 The Commission members may ask questions of clarification and information after the staff report, applicant presentation, and/or citizen comment. 8-3-7 Petitions, displays, documents or correspondence presented at a meeting may be made part of the official record of the meeting by motion of the Commission and are to be kept on file by the secretary. Such items need not be made part of the published minutes. 8-3-8 Public Hearings 120 2023 Planning Commission Bylaws Page 8 8-3-8-1 The Commission shall hold public hearings on all items for which hearings are required by the Code of Virginia, 1950, as amended, or by the Code of Frederick County. Such public hearing shall be advertised and notifications provided as required by the Code of Virginia, 1950, as amended. 8-3-8-2 The Chairman may establish special rules for any public hearing at the beginning of said hearing. These rules may include limitations on the time of staff report, applicant presentation and citizen comment. 8-3-8-3 In addition to those required by law, the Commission may hold public hearings on any matter, under the purview of the Commission, which it deems to be in the public interest. In such cases, the public hearings shall follow all procedures described for public hearing in these bylaws. 8-3-8-4 The 90-day period (Section 165-102.03 of the Frederick County Zoning Ordinance) for the Planning Commission to make a rezoning recommendation to the Board will start after the first Commission meeting following the referral of the amendment to the Commission. 8-3-9 Tabling 8-3-9-1 The Planning Commission shall have the authority to postpone agenda items 45- calendar days (less if reaching the limits of Section 165-102.03) for any one of the following: A) The agenda item does not meet the requirements of the Code of Virginia, 1950, as amended. B) The agenda item does not meet the requirements of the Code of Frederick County. C) Insufficient information has been provided for the agenda item. D) Revised proffers have been received from the applicant less than eight (8) calendar days of the advertised Planning Commission meeting. E) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. 121 2023 Planning Commission Bylaws Page 9 F) The applicant provides the Frederick County Planning Department with a written request to postpone the agenda item. G) The Frederick County Planning Department is advised of an emergency situation that prevents attendance by the applicant. H) The applicant fails to appear at the meeting in which the application has been advertised to appear. 8-3-9-2 The applicant shall be permitted to request that an agenda item be postponed from a scheduled Planning Commission meeting one time. The Planning Commission shall table the application for a specific period of time to ensure that the requirements of Section 165-102.03 of the Frederick County Zoning Ordinance are not exceeded unless the applicant requests a waiver from this requirement. In no case shall an application be postponed for more than 12 months from the time the complete application was received by the Zoning Administrator or applicable staff. 8-3-9-3 An application that has been postponed for an unspecified period of time shall be re-advertised for consideration by the Planning Commission once the following steps have been completed: A) The applicant has requested in writing that the agenda item be considered by the Planning Commission. B) The applicant has provided all required information to the Frederick County Planning Department which addresses all concerns of the Planning Commission. 8-3-10 Work sessions 8-3-10-1 The Commission may hold work sessions at which the procedural rules of these bylaws shall not apply. 8-3-10-2 Work sessions shall be held after the adjournment of regular meetings or at the time and place set by the Commission and/or the Board of Supervisors. 8-3-10-3 Notice of work sessions shall be sent to the Planning Commissioners at least five days before the session. 122 2023 Planning Commission Bylaws Page 10 8-3-10-4 The chairman shall lead the session and require orderly behavior and discussion. 8-3-10-5 No actions shall be taken, or motions made at a work session. 8-3-10-6 Work sessions shall be open to the public. Public comment is not required at a work session. 8-3-10-7 The secretary shall keep a general record of all work sessions and the items discussed. 8-3-11 Adjournment 8-3-11-1 In no case shall the Commission consider any new items after 10:30 P.M. and the meeting shall be adjourned by 11:00 P.M. In the instance that an item begun before 10:30P.M. has not been acted on by the 11:00 P.M. hour, the Commission may, by majority vote, lift the adjournment time until a recommendation has been made, or such time, after 11:00 P.M., as the Commission may fix. ARTICLE IX - AMENDMENTS 9-1 These bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice at any time during the calendar year. 9-2 The Planning Commission shall conduct an annual review of these bylaws each calendar year to ensure their accuracy. 9-3 At the first meeting of the calendar year, the By-Laws will be adopted. 123 Planning Commission Agenda Item Detail Meeting Date: November 1, 2023 Agenda Section: Other Title: Current Planning Applications Attachments: 124