DRRC 03-28-24 Meeting Agenda1.Election of DRRC Chairman and Vice-Chairman
2.Zoning Ordinance Text Amendment Proposals
2.A.Religious Organizations and Nationally Chartered Fraternal Lodges or
Civic Clubs, Social Centers and Their Related Club Facilities
This is a proposal to amend the permitted uses in the RA (Rural Areas) Zoning District
to add nationally chartered fraternal lodges or civic clubs, social centers and their
related club facilities (§165-401.02). This proposal also moves the existing additional
regulations for this use from the RP (Residential Performance) Zoning District
conditional uses section (§165-402.03) to a new subsection in the Additional
Regulations for Specific Uses section. This proposal also updates the terminology from
"Church" to "Religious organizations" throughout the ordinance. No changes to the
definitions are proposed.
This proposed amendment was initiated by staff.
2.B.Conference/Event Centers, Data Centers, Solid Waste Collection, and
Materials Recovery Facilities
This is a proposal to update the reference in the definitions of Caliper, correct errors in
the definition of Country General Store, and amend Public Garage to remove multiple
types of garages. This amendment will specifically call out conference/event centers
and data centers in the B2 (General Business) and B3 (Industrial Transition) Districts;
Commercial Sport and Recreation Clubs in the B2 (General Business); Continuing-Care
Retirement Community (CCRC) in the MS (Medical Support); Data centers in the M1
(Light Industrial), M2 (Industrial General), and TM (Technology-Manufacturing Park)
District; clarify the recycling operation and recreational facilities in the M1 (Light
Industrial), and relocate the square footage requirements of retail and grocery stores
within the B1 (Neighborhood Business) District. The amendments are not adding
additional permitted uses, but rather clarifying the permitted uses.
This proposed amendment was initiated by staff.
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, MARCH 28, 2024
4:00 PM
FIRST-FLOOR CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
DRRC03-28-24OA_ReligiousOrgs_FraternalLodges_CivicClubs_SocialCenters.pdf
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3.Other
DRRC03-28-24OA_ConferenceEventCenters_DataCenters_etc.pdf
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: March 28, 2024
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Religious Organizations and Nationally Chartered Fraternal Lodges or Civic
Clubs, Social Centers and Their Related Club Facilities
Attachments:
DRRC03-28-24OA_ReligiousOrgs_FraternalLodges_CivicClubs_SocialCenters.pdf
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COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Development Review and Regulations Committee
FROM: Kayla Peloquin, Planner
SUBJECT: Ordinance Amendment – Religious Organizations and Fraternal Lodges/Civic
Clubs/Social Centers
DATE: March 12, 2024
Proposal:
This is a proposal to amend the RA (Rural Areas) District “Permitted uses” section (§165-401.02) to add
“Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities ” as a
permitted use. This proposal also moves the additional regulations for the uses from the RP (Residential
Performance) District conditional uses list (§165-402.03) to a new subsection in the Additional Regulations
for Specific Uses section. No changes are proposed to the existing additional regulations , which are being
moved to make the ordinance more consistent in that all additional regulations would be found in §165-
204.
This proposal also changes the term “Church” to “Religious Organizations” in every instance where
“Church” is used. No changes are proposed to the definition of “Church.”
This ordinance amendment was initiated by staff.
Current Zoning Ordinance Standard:
The current Zoning Ordinance does not list nationally chartered fraternal lodges or civic clubs, social
centers, and their related club facilities as a permitted or conditional use in RA. The RP Zoning District
allows nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities as
a conditional use. Furthermore, additional regulations are currently included with the conditional use listed
in the RP section.
The Zoning Ordinance currently uses the term “Churches” several times throughout the ordinance. The
definition of “Church” is “Buildings or structures primarily intended for the conduct of religious services
and associated accessory uses.” Given this broad definition, updating the terminology from “Church” to
“Religious Organizations” helps meet the intent of the definition.
Requested Action:
Staff is seeking comments from the committee to forward to the Planning Commission and the Board of
Supervisors for additional discussion.
KLP/pd
Attachment: 1. Proposed Changes – Redline
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Proposed Changes – Religious Organizations and Fraternal Lodges/Civic Clubs/Social Centers
Revised March 12, 2024
Chapter 165 – Zoning Ordinance
ARTICLE 1
GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS
Part 101 – General Provisions
§165-101.02 Definitions and word usage.
CHURCH RELIGIOUS ORGANIZATIONS
Buildings or structures primarily intended for the conduct of organized religious services and associated
accessory uses.
INSTUTUTIONAL USE
A nonprofit or quasi-public use or institution, such as a churchreligious organization, library, public or
private school, hospital or municipally owned or operated building, structure or land used for public
purposes.
ARTICLE II
SUPPLEMENTARY USE REGULATIONS; PARKING, BUFFERS; AND REGULATIONS FOR
SPECIFIC USES
Part 201 – Supplementary Use Regulations
§165-201.02 Setback requirements.
A. No structure shall be placed in the front, side or rear yard setback areas specified by this chapter.
B. The setback for structures is measured from the lot lines of the lots containing the structure. When a lot
is adjacent to a road or street right-of-way, the setback shall be measured from the boundary of the right-
of-way. Front yard setbacks shall be required wherever a lot abuts a road or street right-of-way. Where a
lot abuts a public street or road with a right-of-way width less than would normally be required to create
such a road, additional front setback distances may be required to allow for expansion or improvement of
that road. In addition, when improvement plans have been adopted for a road or street by the County,
additional front setback distances shall be required to allow for the planned road improvement. The
additional front setback distances provided on any lot shall be equal to 1/2 of the additional right-of-way
width needed to meet the normally required right-of-way width or planned right-of-way width.
C. Exceptions to front yard setbacks. Where the average front yard setback distance for adjacent lots is
less than the minimum required front yard, the Zoning Administrator may allow a front yard setback
distance less than normally required on the lot to be developed. In such cases, the front setback distance
for the lot to be developed shall be the average of the minimum front setback distances on developed lots
on the same street or road within 200 feet of the lot to be developed.
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Proposed Changes – Religious Organizations and Fraternal Lodges/Civic Clubs/Social Centers
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D. Corner lots. On a lot with more than one side abutting a street or road, front setback yards shall be
provided wherever the lot abuts a street. To determine the location of side and rear boundaries, the front
shall be deemed to be the shortest side with frontage on the street or road. The rear boundary, with a
required rear yard setback, shall be deemed to be opposite from the front side. All other sides not abutting
a street shall be deemed to be side boundaries. The Zoning Administrator may determine that a side other
than the shortest is the front in order to ensure that the placement of the setback yards conforms with the
placement of structures on surrounding lots. In all cases, a front and rear yard shall be designated.
E. Accessory uses. Side and rear yard setback distances may be established separately by the district
regulations for accessory uses. However, in no case shall the accessory use be placed within the front
setback yard required for the primary use on the lot.
F. Extensions into setback yards. The following features may extend into setback yards as described:
(1) Air conditioners and similar equipment. Air conditioners, heat pumps and similar mechanical
equipment that are attached to the primary structure may extend three feet into any side or rear
yard area but shall not be closer than five feet to any lot line.
(2) Architectural and structural features. Cornices, canopies, awnings, eaves, gutters or other
similar overhanging features which are at least eight feet above the grade may extend three feet
into any required yard setback area. Chimneys, sills, headers, belt courses and similar structural
features may extend three feet into required yard setback areas.
(3) Porches and related features. In the RA and MH1 Zoning Districts, balconies, porches, stoops,
decks, bay windows, steps and stairways which comprise less than 1/3 of the length of the wall of
the primary structure may extend three feet into a required setback yard. In no case shall such
features be closer than five feet to a lot line.
(4) Retail petroleum pumps. Retail petroleum pumps and canopy supports shall be located at least
20 feet from any road right-of-way boundary. The canopies covering the petroleum pumps shall
be no closer than five feet to any road right-of-way.
(5) (Reserved)
(6) Storage sheds which are attached to townhouses that can only be accessed through an outer
entrance and do not exceed 1/4 the width of the dwelling unit may extend 10 feet into a rear or
perimeter setback area or the active portion of a required buffer area.
(7) Protective entrance canopies. Protective entrance canopies and support columns which are
attached to the primary structure may extend into the front yard setback areas for the following
uses: funeral homes, schools, churchesreligious organizations, day-care facilities and libraries.
The purpose of such canopies is to provide protection to patrons from the elements of weather as
the patron enters or exits the structure. In no case shall the canopy or its structure be located
closer than 20 feet from a road right-of-way boundary.
(8) Handicap-accessible ramps. An unroofed handicap-accessible ramp shall be permitted to
encroach into a required yard when there are no other reasonable alternatives for the location of
such ramp on the property or other means of ingress/egress into or from the residence as
determined by the Frederick County Zoning Administrator.
G. Fences, freestanding walls and berms shall be exempt from the setback requirements.
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Proposed Changes – Religious Organizations and Fraternal Lodges/Civic Clubs/Social Centers
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H. Structural location survey requirements. The following survey requirements shall be complete for
applicable primary and accessory structures within all zoning districts as described:
(1) A surveyor licensed in the Commonwealth of Virginia shall establish the location of any
primary structure that is located five feet or less from any minimum setback requirement.
(2) A surveyor licensed in the Commonwealth of Virginia shall establish the location of any
accessory structure occupying an area of 500 square feet or greater that is located five feet or less
from any minimum setback requirement.
(3) Information verifying the footing location stakeout shall be provided on the appropriate
building permit setback report prior to the approval of the footing for the primary or accessory
structure. The surveyor of record shall complete the required information on the building permit
setback report and affix his or her professional seal containing the appropriate signature and date.
The building permit setback report containing the required footing location stakeout surveyor
information shall be posted on the construction site with the building permit hard card at the time
of the footing inspection.
(4) A midconstruction survey shall be prepared by the surveyor of record once the rough framing
of the primary or accessory structure is in place. Rough framing shall include the foundation, all
exterior walls and the roof system. The surveyor of record shall complete the required
information on the building permit setback report and affix his or her professional seal containing
the appropriate signature and date. The building permit setback report containing the required
midconstruction surveyor information shall be provided to the Department of Engineering and
Inspections prior to the issuance of a certificate of occupancy permit by the Building Official.
§165-201.03 Height limitations; exceptions
A. No structure shall exceed the height limitations described in this chapter.
B. Exceptions to height requirements.
(1) The maximum height requirements shall not apply to the following:
(a) Barns and silos.
(b) Belfries.
(c) Bulkheads.
(d) Chimneys.
(e) Church Sspires and towers associated with religious organizations.
(f) Flagpoles.
(g) (Reserved)[1]
(h) Domes and skylights.
(i) Masts and aerials.
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Proposed Changes – Religious Organizations and Fraternal Lodges/Civic Clubs/Social Centers
Revised March 12, 2024
(j) Radio and television transmission towers and commercial telecommunication
facilities.
(k) Smokestacks and cooling towers.
(l) Utility poles and towers.
(m) Water tanks.
(n) Windmills.
(2) Parapet walls may be up to four feet above the height of the building on which the walls rest.
(3) Solar collectors, air conditioners and other mechanical equipment may exceed the height
limitations if they are screened from the public view of surrounding properties and rights-of-way.
(4) Automated storage facilities in the TM, M1 and M2 Zoning Districts and automated
manufacturing facilities in the M1 and M2 Zoning Districts shall be exempt from the maximum
height requirement. Such exemptions shall be approved by the Frederick County Fire Marshal. In
no case shall the height of these facilities exceed 100 feet in height unless waived by the Board of
Supervisors in accordance with § 165-601.02.
(5) All of the above exceptions shall be allowed only if they accomplish the purpose for which
they are intended, if they are not intended for human occupancy and if they do not infringe on the
solar access of surrounding properties.
(6) General office buildings in the B2 and B3 Zoning Districts and hotel and motel buildings in
the B2 Zoning District shall be exempt from the maximum height requirement of those zoning
districts. In no case shall the height of such buildings exceed 60 feet. When such exemptions are
proposed adjacent to existing residential uses, the Board of Supervisors shall review the site
development plan pursuant to the provisions of § 165-203.02A(3).
(7) Buildings used for schools without residential components may exceed the maximum height
of the underlying zoning district. The only portions of buildings used for schools without
residential components that may exceed the height in the underlying zoning district are those
which are accessory and inconsequential to the primary function of the building. In no case shall
any portion of the building exceed 75 feet in height.
(8) If any of the above exceptions exceed the height limitation of the proposed zoning district, the
structure shall be required to be set back the normal setback or required buffer distance plus one
foot for every foot over the maximum allowed height of that zoning district.
(9) In the B3 (Industrial Transition) Zoning District, uses may exceed the height limitation so
long as all front, side and rear setbacks conform to the setback requirements for the M1 (Light
Industrial) Zoning District. In no case shall any structure in the B3 Zoning District exceed 45 feet
in height.
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Proposed Changes – Religious Organizations and Fraternal Lodges/Civic Clubs/Social Centers
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Part 202 – Off-Street Parking, Loading and Access
§165-202.01 Off-street parking; parking lots.
Off-street parking shall be provided on every lot or parcel on which any use is established according to
the requirements of this section. This section is intended to ensure that parking is provided on the lots to
be developed and to ensure that excess parking in public street rights-of- way does not interfere with
traffic.
A. Required parking spaces.
(1) For certain residential uses, parking requirements are contained in the zoning district
regulations. In all other cases, parking spaces shall be provided with each allowed use, on the lot
or within the development containing the use, according to the following table:
Use Required Spaces
Single-family detached
dwellings and mobile homes
2 per unit
Single-family attached
(townhouse) dwellings
2.5 per unit
Churches Religious
organizations
1 for each 3 seats
Schools, elementary or
middle/intermediate
No fewer than 1 per faculty and staff member and other full-time
employee, plus a minimum of 4 for visitors
Schools, high No fewer than 1 per faculty and staff member and other full-time
employees; minimum of 4 for visitors; 1 for each 10 students over driving
age; 1 for each 4 seats for stadiums and/or auditoriums
Colleges and universities No fewer than 1 per faculty and staff member and other full-time
employees, plus 1 for every 10 students for maximum capacity at any one
time
Day care 1 per 5 children plus 1 per employee
Nursing homes, personal care,
adult care residences and
assisted living care facilities
1 per 4 beds, plus 1 per employee on primary shift
Hospitals 1.8 per bed
Libraries, museums or galleries 1 per 400 square feet of floor area; 10 minimum
Fraternal lodges, civic clubs and
social centers
1 per 250 square feet of floor area, assembly area or recreation area
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Proposed Changes – Religious Organizations and Fraternal Lodges/Civic Clubs/Social Centers
Revised March 12, 2024
Use Required Spaces
Rooming houses,
boardinghouses, tourist homes
and bed-and-breakfasts
2 per single-family dwelling, plus 1 per guest room
Motels, hotels and lodges 1 per room, plus appropriate spaces for restaurants and meeting rooms
Assembly halls and meeting
rooms
1 per 3 seats
Funeral homes 1 per 4 seats; 30 minimum
Commercial cemeteries 25 minimum
Movie theaters 1 per 4 seats
Indoor recreation 1 per 200 square feet of floor area
Golf courses and driving ranges 3 per hole
Miniature golf and driving
ranges
2 per tee for the first 36 tees, then 1 per tee
Campgrounds 1 per campsite
Restaurants 1 per 100 square feet of seating floor area
Fast-food or drive-in restaurants 1.4 per 100 square feet of seating floor area
Retail and personal services 1 per 200 square feet of retail floor area
Medical, dental, veterinarian
offices and clinics
1 per 250 square feet of office area
General offices 1 per 250 square feet of office floor area
Banks and banks with drive-in
windows
1 per 400 square feet of floor area
Shopping centers (small strip-
style centers)
6 per 1,000 square feet of retail floor area for centers with up to 30,000
square feet; 5 per 1,000 square feet of retail floor area for centers between
30,000 square feet and 60,000 square feet
Shopping centers (non-
enclosed); large integrated
shopping centers
4 per 1,000 square feet of retail floor area for centers over 60,000 square
feet
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Proposed Changes – Religious Organizations and Fraternal Lodges/Civic Clubs/Social Centers
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Use Required Spaces
Shopping centers (mall-type
centers)
3.5 per 1,000 square feet of retail floor area for centers with up to 400,000
square feet; 3.8 per 1,000 square feet of retail floor area for centers over
400,000 square feet
Furniture and carpet stores; retail
nurseries; farm equipment and
feed sales; boat, mobile home
and motor vehicle sales
1 per 400 square feet of enclosed floor area, plus 1 per 3,000 square feet of
out-side display area, plus 2 per service bay
Automobile service and service
stations
2 per service bay plus required spaces for retail or office areas
Self-service storage 3 at the office, plus 1 per employee
Wholesaling, warehouses, truck
terminals and construction
storage, manufacturing and other
industrial uses
1.5 per employee, plus any required spaces for office or similar use, plus 1
for each company vehicle and equipment stored outdoors
Mining uses 3 per 4 employees
Part 204 – Additional Regulations for Specific Uses
§ 165-204.36 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 religious organizations, parks, day-care facilities and residential uses and districts.
B. Such uses shall not be permitted in shopping centers and/or multitenant 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.
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Proposed Changes – Religious Organizations and Fraternal Lodges/Civic Clubs/Social Centers
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§165-204.40 Nationally chartered fraternal lodges or civic clubs, social centers and their related club
facilities.
Where allowed, facilities shall have an approved site plan meeting the following conditions:
(1) All principal activities shall take place entirely within an enclosed structure.
(2) All outdoor facilities shall be incidental to the principal facility or activity.
(3) No facility or activity shall be erected or conducted less than 30 feet from any residential
district or area within other districts which are predominantly residential in nature.
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
Part 401 – RA Rural Areas
§165-401.02 Permitted uses.
Structures and land shall be used for one of the following uses:
A. Agriculture, farming, dairies, animal husbandry, and forestry.
B. Orchards, horticulture and the production of nursery stock and products.
C. Single-family dwellings.
D. Mobile homes.
E. Schools (without residential component).
F. Public parks and playgrounds.
G. Churches. Religious organizations.
H. Home occupations (as defined).
I. Natural conservation areas.
J. Winchester Airport.
K. Group homes.
L. Fire stations, companies and rescue squads.
M. Frederick County sanitary landfill.
N. Commercial and institutional cemeteries with or without funeral homes or cemetery office complexes.
O. Post offices.
P. Radio and television towers and their accessory buildings.
Q. Public utilities, except utility-scale solar power generating facilities.
R. Required off-street parking.
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Proposed Changes – Religious Organizations and Fraternal Lodges/Civic Clubs/Social Centers
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S. Oil and natural gas exploration, provided that the following requirements are met:
(1) All requirements of the Code of Virginia, as amended, and all applicable federal, state and
local regulations shall be met.
(2) A site plan shall be reviewed and approved meeting all requirements of the Frederick County
Code.
(3) Approval of the site plan and use shall be for 90 days, with subsequent renewals being
approved by the Board of Supervisors.
(4) In order to begin extraction of the resource, a rezoning to the EM Extractive Manufacturing
Zoning District will be required.
T. Museums, parks or historic sites used for educational or historic preservation purposes.
U. (Reserved)[1]
V. (Reserved)[2]
W. [3]Accessory uses.
X. Poultry farms and hatcheries and egg production.
Y. Fish hatcheries and fish production.
Z. Hog farming. It shall be unlawful for any person to have or maintain or to permit to be erected, in the
County, any hog pen that is located closer than 200 feet to a residence or an adjoining property that is
used for human habitation.
AA. Government services office.
BB. Residential subdivision identification signs.
CC. Farm wineries.
DD. Temporary family health care structure.
EE. Farm breweries.
FF. Farm distilleries.
GG. Agritourism.
HH. Commercial stables, equestrian facilities and commercial riding facilities.
II. Cut-your-own Christmas tree and evergreen tree.
JJ. On-premises wayside stand, roadside stand, or wayside market, accessory to a bona fide operating
farm.
KK. Blacksmith shops.
LL. Farriers.
MM. Horseshoeing.
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Proposed Changes – Religious Organizations and Fraternal Lodges/Civic Clubs/Social Centers
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NN. Taxidermists.
OO. Short-term lodging.
PP. Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities.
Part 402 – RP Residential Performance District
§165-402.02 Permitted uses.
A. All uses shall be developed in accordance with an approved master development plan unless otherwise
waived under Article VIII of this chapter.
B. Structures and land shall be used for one of the following uses:
(1) All residential housing types specified in § 165-402.09.
(2) Schools. and churches.
(3) Fire stations and companies and rescue squads.
(4) Group homes.
(5) Home occupations.
(6) Public utilities excluding energy-generating facilities.
(7) Accessory uses and structures. Accessory structures attached to the main structure shall be
considered part of the main structure. Mobile homes and trailers, as defined, shall not be
permitted as accessory structures or buildings.
(8) Required or bonus recreational facilities, public or private parks, neighborhood parks,
playgrounds, or other noncommercial recreational facilities.
(9) Business signs associated with schools, churches, fire stations and companies and rescue
squads, recreational facilities, public parks, playgrounds, and libraries.
(10) Temporary model homes used for sale of properties in a residential development.
(11) Libraries.
(12) Public buildings.
(13) (Reserved)[1]
(14) (Reserved)[2]
(15) Temporary family health care structure. (NOTE: By adding temporary family health care
structure as a permitted use in the RP District, it is also automatically a permitted use in the R4
and R5 Districts.)
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Proposed Changes – Religious Organizations and Fraternal Lodges/Civic Clubs/Social Centers
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(16) Short-term lodging.
(17) Religious organizations.
§165-402.03 Conditional uses.
Uses and associated signs permitted with a conditional use permit shall be as follows:
A. Convalescent and nursing homes and adult care residences and assisted living care facilities.
B. Cottage occupations, as defined.
C. Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities., with
an approved site plan, meeting the requirements of this chapter and with the following conditions:
(1) All principal activities shall take place entirely within an enclosed structure.
(2) All outdoor facilities shall be incidental to the principal facility or activity.
(3) No facility or activity shall be erected or conducted less than 30 feet from any residential
district or area within other districts which are predominantly residential in nature.
D. Day-care facilities.
E. Rooming houses, boardinghouses and tourist homes.
F. Veterinary offices, veterinary clinics or veterinary hospitals, excluding the boarding of animals for
nonmedical purposes.
G. Museums.
H. Offices and clinics of doctors of medicine, dentists and other health practitioners.
Part 403 – MH1 Mobile Home Community District
§165-403.02 Permitted uses.
The following uses are allowed:
A. Mobile homes.
B. Mobile home parks.
C. Mobile home subdivisions.
D. Schools.
E. Churches. Religious organizations.
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F. Public parks, playgrounds and recreational uses.
G. Accessory uses.
H. Public utilities excluding energy-generating facilities.
I. Fire stations and companies and rescue squads.
J. Home occupations.
K. Totally enclosed storage facilities for use by the residents of the mobile home park or subdivision.
L. (Reserved)[1]
M. (Reserved)[2]
N. (Reserved)[3]
O. Short-term lodging.
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Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: March 28, 2024
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Conference/Event Centers, Data Centers, Solid Waste Collection, and Materials
Recovery Facilities
Attachments:
DRRC03-28-24OA_ConferenceEventCenters_DataCenters_etc.pdf
17
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Frederick County Development Review and Regulations Committee
FROM: Amy Feltner, Planner
SUBJECT: Ordinance Amendment – Allowed Uses – Public Hearing
DATE: March 13, 2024
Proposal:
The proposed amendments to the ordinance were initiated by staff.
The proposal to change the definitions was necessary to update standards, correct errors, and to remove
multiple types of garages.
The amendment will specifically call out the allowance of conference/event centers and data centers in the
B2 (General Business) and B3 (Industrial Transition) Districts; Data centers in the M1 (Light Industrial),
M2 (Industrial General), and TM (Technology-Manufacturing Park) District; Commercial Sport and
Recreation Clubs in the B2 (General Business); Continuing-Care Retirement Community (CCRC) in the
MS (Medical Support) District; and clarify the recycling operation and recreational facilities in the M1
(Light Industrial). The B1 (Neighborhood Business) square foot limitation for retail stores and grocery/food
stores has been relocated. The amendments are not adding additional permitted uses, but rather clarifying
that these are permitted uses.
Definitions §165-101.02
The spelling for Country General Store was corrected. Country General Stores without fuel sales have
specific requirements in the RA (Rural Area) Districts and must comply with §165 -204.32 in the
Supplementary Use Regulations.
The definition for Caliper was updated to reference the current standard. The American Association of
Nurseryman was removed and replaced with the American Standard for Nursery Stock (ANSI Z60.1).
Body Repair Garage was removed, and the definition of Public Garages was adjusted to remove the
exclusion of spray painting, body or fender repair. The North American Industry Classification System
(NAICS) codes combines automotive repair and maintenance into 8111-Automotive Repair and
Maintenance. This section includes automotive mechanical, electrical, general, and specialized repairs, as
well as automotive body, paint, and glass repair. A repair garage is permitted in the RA (Rural Area) with
a conditional use permit. Although it was the intent of the ordinance to distinguish these two operations
separately, the majority of the conditional use permits have allowed the combination of these two activities.
Conference/Event Centers
§165-603.02 B2 (General Business) and §165-604.02 B3 (Industrial Transition).
Conference/Event Centers is defined in §165-101.02 and are permitted in the B2 and B3 Zoning Districts.
The NAICS conversion placed Banquet and Conference Centers within two separate categories based on
the service of food or without service of food. For clarity and consistency, Conference/Event Centers have
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Allowable Uses
March 13, 2024
Page 2
been added as a permitted use. The definition includes facilities with or without the service of food.
Computing Infrastructure Providers, Data Processing, and Data Centers
§165-603.02 B2 (General Business), §165-604.02 B3 (Industrial Transition), §165-606.02 M1 (Light
Industrial) and §165-605.02 TM (Technology-Manufacturing Park) Districts
Under the old Standard Industrial Classification (SIC), Data Centers were permitted by the ordinance in the
B2, B3, M1, M2, and TM Districts. The conversion to the NAICS Code placed Data Centers under a
Telecommunications umbrella, or similar term, but should be specifically called out. Inadvertently, the
NAICS conversion did not expand the allowed uses to include Data Centers in the B2 (General Business)
District. This amendment will correct this error, as well as clarify the allowance of Data Centers in the
other districts. Staff would note that Data Centers may not be an appropriate use within the B2 (General
Business District) which may warrant further discussion.
Commercial Sport and Recreation Clubs
§165-603.02 B2 (Business General)
The ordinance provides for a more detailed definition of Commercial Sport and Recreation Clubs. This use
was previously permitted in the B2 (Business General) District prior to the NAICS conversion. The use
has been readded for clarity and consistency.
Continuing-Care Retirement Community (CCRC)
§165-504.02 MS (Medical Support District)
The ordinance provides for a specific definition for Continuing-Care Retirement Community (CRRC) and
was specific to the MS (Medical Support District) under the original Standard Industrialized Classification
(SIC). This language was removed and consolidated into Ambulatory Health Care Services, Hospitals,
Nursing and Residential Care Facilities. Additionally, the referenced requirement that the manufacturing
and wholesaling uses follow flex-tech performance standard was removed. Adding Continuing-Care
Retirement Community (CRRC) to the allowed use table and re-establishing the requirement to follow flex-
tech performance standards are to correct an omission that previously existed prior to the NAICS
conversion.
Solid Waste Collection & Materials Recovery Facilities and Commercial Recreation, Indoors
§165-606.02 M1 (Light Industrial) District
“Waste Management and Remediation Services, limited to glass, plastics, and excluding incinerators”
omitted certain types of uses, specifically metal recycling, in the M1 (Light Industrial) District. The current
wording is replaced with “Solid Waste Collection, Materials Recovery Facilities, Septic Tank and Related
Services, and Other Miscellaneous Waste Management Services” which better serves the intent. Solid
Waste encompasses mixed recyclable materials and excludes any hazardous materials. Hazardous waste,
treatment, and disposal are in separate sections. Additionally, Materials Recovery allows for the sorting of
non-hazardous recyclable materials. Septic Tank and Other Miscellaneous address the septic, tank, and
boiler cleaning services that were permitted in the ordinance prior to the NAICS conversion.
The ordinance permitted limited recreational facilities in the M1 (Light Industrial District ); however, these
activities were limited to indoor operations. Additionally, specific regulations apply in §165-204.29 to
indoor recreational facilities in the M1 Zoning District. The addition of Commercial Recreation, Indoors
reestablishes these requirements by reference.
19
Allowable Uses
March 13, 2024
Page 3
Miscellaneous Retail Stores
§165-602.02 B1 (Neighborhood Business)
The square footage limitation has been relocated to the Supplementary Use Regulations §165-204.08
Grocery and food stores and a new section addressing retail has been added in §165-204.37. The square
footage limitation should not be located in the Allowed Use Table, rather a special section addressing any
restrictions should be properly located in the Special Use Regulations Section. Section 165 -204.08 was
expanded to include the restriction in B1 (Neighborhood Business) District and §165-207.37 was added.
The relocation conforms to the traditional zoning ordinance format.
Requested Action:
Staff is seeking comments from the Committee to forward to the Planning Commission and the
Board of Supervisors for additional discussion.
ALF/ks
Attachments: 1. Definitions §165-101.02
2. B1 (Neighborhood Business) District
3. B2 (General Business) District
4. B3 (Industrial Transition) District
5. M1 (Light Industrial) District
6. TM (Technology-Manufacturing Parks) District
7. MS (Medical Support) District
8. Supplementary Use Regulations; Parking; Buffers; and Regulations for
Specific Uses
20
Revised March 12, 2024
Part 101
General Provisions
§ 165-101.02 Definitions and word usage.
CALIPER
The diameter of a tree as defined by the American Association of Nurserymen American Standard for
Nursery Stock (ANSI Z60.1).
COUNTRY GENERAL STORE
A retail business, without accessory fuel sales, not to exceed 3,500 square feet gross retail floor area,
allowed where specified in the rural zoning districts which sells groceries along with a variety of other
retail goods.
GARAGE, BODY REPAIR
A building or portion thereof, other than a private garage or public garage, designed or used for body or
fender repair or spray painting.
GARAGE, PUBLIC
A building or portion thereof, other than a private garage, designed or used for servicing, repairing or
equipping motor vehicles, but not including spray painting, body or fender repair, service stations or
vehicle sales.
21
§ 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
22
Proposed Changes – B2 (General Business) District
March 12, 2024
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
23
Proposed Changes – B2 (General Business) District
March 12, 2024
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
Commercial Sport and Recreation Clubs (as defined)
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
Conference/Event Center (as defined)
Computing Infrastructure Providers, Data Processing, and Data Centers
24
Proposed Changes – B3 (Industrial Transition) District
March 12, 2024
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
Computing Infrastructure Providers, Data Processing, and Data Centers
Warehousing and Storage
25
Proposed Changes – B3 (Industrial Transition) District
March 12, 2024
Advertising Specialties – wholesale
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
26
Proposed Changes – B3 (Industrial Transition) District
March 12, 2024
Conference/Event Center
27
Proposed Changes – M1 (Light Industrial) District
March 12, 2024
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,
Ammunition (except for small arms), Ordnance and Accessories.
Machinery Manufacturing and Computer & Electrical Product Manufacturing
Electrical Equipment, Appliance, and Component Manufacturing
28
Proposed Changes – M1 (Light Industrial) District
March 12, 2024
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.
Computing Infrastructure Providers, Data Processing, and Data Centers
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. Solid Waste Collection, Materials Recovery Facilities, Septic Tank and Related
Services, and Other Miscellaneous Management Services
Fabricated Metal Product Manufacturing
Technical and Trade Schools
Business, Professional, Labor, Political and Similar Organizations
Public Administration and Government Support Buildings including Fire and Ambulance Services
Residential uses which are accessory to allowed business uses
29
Proposed Changes – M1 (Light Industrial) District
March 12, 2024
Public Utilities
Parks
Regional Criminal Justice, Enforcement, and Detention Facilities
Truck or Fleet Maintenance Facilities
Self-Service Storage Facilities
Flex-Tech
§ 165-606.03 Conditional uses.
Uses permitted with a conditional use permit shall be as follows:
Conditional Uses
Tractor Truck and Tractor Truck Trailer Parking
Commercial Recreation, Indoors (as defined) including Fitness and Recreational Sports Centers
30
:4
Proposed Changes – TM (Technology-Manufacturing Park) District
Revised March 12, 2024
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,
31
:4
Proposed Changes – TM (Technology-Manufacturing Park) District
Revised March 12, 2024
including wired and wireless telephone, radio, television and other satellite
communications.
Computing Infrastructure Providers, Data Processing, and Data Centers
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
32
Proposed Changes – MS District
March 19, 2023
Part 504
MS (Medical Support) District
[Amended 8-10-2023]
§ 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
33
Proposed Changes – MS District
Revised March 19, 2024
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
Continuing-Care Retirement Community (CCRC) (as defined)
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)
34
Proposed Changes – MS District
Revised March 19,2024
Fleet Maintenance Facility
On-site Utility Systems (as defined
Telecommunications Towers and Facilities (as defined)
Warehousing, Medical and Allied Health Services (as defined)
Wellness Centers (as defined)
(1) Residential care facilities.
(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.
(2) Manufacturing and wholesaling support services shall meet the flex-tech performance standards as
identified in §165-204.06C of this chapter.
35
Proposed Changes – MS District
Revised March 19, 2024
§ 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.
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
36
Proposed Changes – MS District
Revised March 19,2024
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.
§ 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.
37
Proposed Changes – MS District
Revised March 19, 2024
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.
(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.
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Proposed Changes – MS District
Revised March 19,2024
(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.
(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.
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ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§165-204.08 Grocery and food stores.
Grocery or food stores located in the B3 (Industrial Transition) Zoning District shall meet the following
requirements:
A. In the B3 (Industrial Transition) Zoning District: Maximum building square footage used for retail
sales of grocery or food products shall not exceed 10,000 square feet. The 10,000 square feet shall
not include area used for storage and warehousing of products.
A.B. In the B1 (Neighborhood Business) Zoning District: Maximum building square footage used for
retail sales of grocery or food products shall not exceed 15,000 square feet.
§ 165-204.37 Retail Stores (Drug, Health, and Personal Care).
Retail Stores (Drug, Health, and Personal Care) located in the B1 (Neighborhood Business) District shall
meet the following requirements:
A. Maximum building square footage used for retail sales shall not exceed 15,000 square feet.
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