Loading...
HomeMy WebLinkAboutDRRC 11-21-22 Meeting Agenda1.Zoning Ordinance Text Amendment Proposals 1.A.OM Office-Manufacturing Park District (§165-605) This is a proposal to amend the OM Park District to address stated concerns regarding the viability of the zoning district and implement the Economic Development Authority's (EDA) targeted industries. This proposed amendment was initiated by staff. 1.B.Signs (§165-201.06) This is a proposal to amend the sign ordinance to implement changes because of the Reed v. Town of Gilbert ruling (SCOTUS, 2015). This proposed amendment was initiated by staff at the direction of the County Attorney. 1.C.Utilities and Easements (§144-25) This is a proposal to amend Chapter 144 - Subdivision of Land to allow overhead utilities in new industrial parks, office parks, and shopping centers through a Board of Supervisors waiver. This proposed amendment was initiated by staff. 2.Other AGENDA DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE MONDAY, NOVEMBER 21, 2022 (RESCHEDULED FROM NOVEMBER 24, 2022) 7:00 PM FIRST-FLOOR CONFERENCE ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA DRRC11-21-22OA_OMOffice-ManufacturingParkDistrict.pdf DRRC11-21-22OA_ Signs.pdf DRRC11-21-22OA_ UtilitiesandEasements.pdf 1 Development Review and Regulations Committee Agenda Item Detail Meeting Date: November 21, 2022 Agenda Section: Zoning Ordinance Text Amendment Proposals Title: OM Office-Manufacturing Park District (§165-605) Attachments: DRRC11-21-22OA_OMOffice-ManufacturingParkDistrict.pdf 2 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Development Review and Regulations Committee FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – OM Office-Manufacturing Park District DATE: November 14, 2022 Proposal: This is proposal to amend the OM (Office-Manufacturing) Park District to address stated concerns regarding the viability of the zoning district and to better implement the Economic Development Authority’s (EDA) targeted industries. This proposal includes amending the district name to “Technology- Manufacturing Park District (TM),” adding additional uses, and removing design requirements. The zoning ordinance text amendment originated from discussions related to the update to the County’s Northeast Land Use Plan (NELUP) which contains nodes of “mixed-use industrial office” (MUIO) planned land uses, which were originally intended to be implemented with this district. Current Zoning Ordinance Standards: The intent of the OM Office-Manufacturing Park District is to implement the mixed-use industrial/office land use classification of the Comprehensive Policy Plan. The OM Park District is designed to provide areas for research-and-development centers, office parks, and minimal-impact industrial and assembly uses. Uses are allowed which do not create noise, smoke, dust or other hazards. This district shall be located in a campus-like atmosphere near major transportation facilities. The current OM Zoning District has not been well utilized or implemented in practice. Conclusion and Requested Action: The DRRC discussed this item on September 28, 2022 and recommended additional revisions . Revisions since the last meeting are highlighted in yellow. The attached document shows the existing ordinance with the proposed changes as drafted by Staff. Staff is seeking comments from the DRRC to forward to the Planning Commission and Board of Supervisors for discussion. MTK/pd Attachments: 1. Revised ordinance with additions shown in track changes. 2. Current Ordinance Standard (unaltered) 3 :1 Proposed Changes – OM Office-Manufacturing Park District Revised November 14, 2022 Formatted: Font: 10 pt Formatted: Font: 10 pt § 165-605.01 § 165-605.02 PART 605 OM OfficeTM Technology-Manufacturing Park District [Added 12-10-2008, Amended 2022] § 165-605.01. Intent. The intent of this district is to implement the mixed-use industrial/office land use classification of the Comprehensive Policy Plan. The OM ParkTM District is designed to provide areas for research-and-development centers Economic Development Authority (EDA) targeted industries, data centers, offices parks, and minimallow-impact industrial, assembly, and manufacturing uses. and 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 atmosphere setting near with direct access to major transportation networks and/or rail facilities and areas where there is availability and/or close-proximity to overhead electrical transmission lines. Buildings should include attractive architectural features utilizing high quality building materials comparable to brick, stone, and glass. § 165-605.02. Permitted uses. [Amended 11-18-2009; 12-11-2019] Permitted uses are as follows: Permitted Uses Standard Industrial Classification (SIC) Manufacturing as follows: Dairy Products 202 Canned, frozen and preserved fruits, vegetables and soup mixes 203 Bakery products 205 Sugar and confectionary products 206 Beverages 208 Miscellaneous food preparations and products, excluding the following: Canned and cured fish and seafood Fresh or frozen fish and seafood 209 2091 2092 Furniture and related product manufacturing 25 Formatted: Not Highlight Formatted: Highlight 4 :1 Proposed Changes – OM Office-Manufacturing Park District Revised November 14, 2022 Formatted: Font: 10 pt Formatted: Font: 10 ptPaperboard containers and boxes 265 Publishing industries 27 Pharmaceutical and medicine manufacturing 283 Rubber and miscellaneous plastics manufacturing 30 Excluding uses in italics: Tires and inner tubes 3011 Fabricated metal products 34 Industrial and commercial machinery and computer equipment manufacturing 35 Electronics and other electrical equipment and components manufacturing 36 Aircraft and parts manufacturing 372 Guided Missiles, Space Vehicles, and Parts 376 Measuring, analyzing and controlling instruments; photographic, medical and optical goods; and watches and clocks 38 Miscellaneous manufacturing industries 39 Excluding uses in italics: Storage batteries 3691 Primary batteries 3692 Aircraft and parts manufacturing 372 Medical equipment and supplies manufacturing 38 Radio and television broadcasting stationsCommunications 483 Cable and other pay television services 484 Central reserve depository institutionsDepository Institutions 601 Commented [TK1]: New - defense contracting potential 5 :2 Proposed Changes – OM Office-Manufacturing Park District Revised November 14, 2022 Formatted: Font: 10 pt Formatted: Font: 10 pt § 165-605.02 § 165-605.03 Permitted Uses Standard Industrial Classification (SIC) Savings institutions 603 Mortgage bankers and brokers 616 Nondepository credit institutions 61 Security and commodity brokers, dealers, exchanges, and services 62 Insurance carriers and services 63-64 Real estate 65 Holding and other investment offices 67 Business services 73 Advertisement agencies 731 Consumer credit reporting agencies 732 Direct mailing services, excluding the following: 733 Photocopying and duplicating services 7334 Employment services 736 Computer programming, data processing, and other computer-related services 737 News syndicates 7383 Doctors offices and clinics 801-804 Medical and dental laboratories 807 Legal services 81 Vocational schools 824 Business associations 861 Professional membership organizations 862 Labor unions and similar labor organizations 863 Engineering, accounting, research management, and related services 87 Public administration 91-97 General business offices, including corporate, government or other offices not providing services to the general public on a regular basis as the primary use --- Public utilities - Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight 6 :2 Proposed Changes – OM Office-Manufacturing Park District Revised November 14, 2022 Formatted: Font: 10 pt Formatted: Font: 10 ptFlex-Tech, provided that at least one of the individual user’s uses is a permitted use in this section. - Business signs --- Signs allowed in § 165-201.06B --- Freestanding building entrance signs --- Multi-tenant complex signs --- Electronic message signs --- Communication facilities and offices, including telephone, telegraph, radio, television and other communications 48 7 :3 Proposed Changes – OM Office-Manufacturing Park District Revised November 14, 2022 Formatted: Font: 10 pt Formatted: Font: 10 pt § 165-605.03 § 165-605.03.1 § 165-605.03. Secondary or accessory uses. [Amended 11-18-2009] The following uses shall be permitted by right in the OM TM Park District but only in conjunction with and secondary to a permitted principal use and shall not exceed 25% gross square footage in accordance with Section 165-201.05. not toAll other uses not listed below, permitted by right only in conjunction with and secondary to a permitted principle use, shall not exceed 25% gross square footage except where otherwise specified belowin accordance with § 165-201.05: Secondary Uses Eating and drinking places Standard Industrial Classification (SIC) 58 Except the following: Restaurants with drive-through uses --- Food services contractors 5821 Caterers 5821 Mobile food services --- Drinking places 5813 Commercial banks 602 Credit unions 606 Foreign banks 608 Depository banking-related uses, except the following: 609 Check cashing agencies 6099 Money order issuance 6099 Travelers' check issuance 6099 Photocopying and duplicating services 7334 Office machinery and equipment rental and leasing 7359 Office machine repair and maintenance 7629 Physical fitness facilities for employees 7991 Day-care facilities [Amended 9-23-2020] - Dry-cleaning and laundry services 721 Except the following: Linen supply 7213 Dry-cleaning plants 7216 Industrial launderers 7218 Formatted: Not Highlight 8 :3 Proposed Changes – OM Office-Manufacturing Park District Revised November 14, 2022 Formatted: Font: 10 pt Formatted: Font: 10 ptCommercial recreation, indoor: • Professional sports clubs • Physical fitness facilities • Membership sports and recreation clubs • Amusement and recreation services (to include only fitness and sports instruction facilities) 7941 7991 7997 7999 Warehousing/Distribution up to 50% gross square footage (or up to 75% gross square footage where served directly by rail) - § 165-605.03.1. Conditional uses. [Added 1-11-2017] Uses permitted with a conditional use permit shall be as follows: 9 :4 Proposed Changes – OM Office-Manufacturing Park District Revised November 14, 2022 Formatted: Font: 10 pt Formatted: Font: 10 pt § 165-605.03.1 § 165-605.04 Conditional Uses Standard Industrial Classification (SIC) Commercial recreation, indoor: • Professional sports clubs 7941 • Physical fitness facilities 7991 • Membership sports and recreation clubs 7997 • Amusement and recreation services (to include only fitness and sports instruction facilities) 7999 § 165-605.04. Design requirements. A. Minimum size. No OM TM Park 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 OM TM Park District: (1) This district shall be planned and developed with a harmonious coordination of uses, architectural styles, landscaping, parking, signs and outdoor lighting. (2) This district shall be developed with a campus-like atmosphere and near major transportation facilities. (3)(1) Any building shall be faced on all sides facing road rights-of-way shall be faced on all sides with durable, attractive materials, including but not limited to painted two-tone pre-cast concrete panels.with durable, attractive, high- quality materials, comparable to clay, brick, stone, wood, architectural concrete masonry unit (e.g., regal stone, split face, precision, ground face) or precast concrete panels. (4)(2) Loading docks or loading entrances shall be blocked completely screened from view from public streets and adjoining properties by a utilizing board-on- boardsix (6) foot tall opaque fencing, masonry walls, berms or a double row of evergreen tree plantings. (5)(3) Outdoor storage shall be prohibitedlimited to 35% of total lot area, be located outside of front setbacks, and shall be in conformance with §165-201.10. (6)(4) All OM Park Districts shall have access to a state road. 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] Formatted: Not Highlight Formatted: Not Highlight Formatted: Highlight Formatted: Highlight 10 :4 Proposed Changes – OM Office-Manufacturing Park District Revised November 14, 2022 Formatted: Font: 10 pt Formatted: Font: 10 ptD. The maximum structural height for automobile parking structures shall not exceed 70 feet. ]Added 11-18-2009] D.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. Formatted: Highlight Formatted: Highlight 11 9/13/22, 10:13 AM Frederick County, VA OM Office-Manufacturing Park District https://ecode360.com/13804500 1/4 Added The intent of this district is to implement the mixed-use industrial/oce land use classication of the Comprehensive Policy Plan. The OM Park District is designed to provide areas for research-and-development centers, oce parks, and minimal- impact industrial and assembly uses. Uses are allowed which do not create noise, smoke, dust or other hazards. This district shall be located in a campus-like atmosphere near major transportation facilities. Amended Permitted uses are as follows: Permitted Uses Standard Industrial Classication (SIC) Furniture and related product manufacturing 25 Paperboard containers and boxes 265 Publishing industries 27 Pharmaceutical and medicine manufacturing 283 Rubber and miscellaneous plastics manufacturing 30 Excluding uses in italics: Tires and inner tubes 3011 Fabricated metal products 34 Industrial and commercial machinery and computer equipment manufacturing 35 Electronics and other electrical equipment and components manufacturing 36 Excluding uses in italics: Storage batteries 3691 Primary batteries 3692 Aircraft and parts manufacturing 372 Medical equipment and supplies manufacturing 38 Radio and television broadcasting stations 483 Cable and other pay television services 484 Central reserve depository institutions 601 Savings institutions 603 Mortgage bankers and brokers 616 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 oces 67 Advertisement agencies 731 Consumer credit reporting agencies 732 Direct mailing services, excluding the following:733 Photocopying and duplicating services 7334 Intent Permitted uses 12 9/13/22, 10:13 AM Frederick County, VA OM Office-Manufacturing Park District https://ecode360.com/13804500 2/4 Employment services 736 Computer programming, data processing, and other computer-related services 737 News syndicates 7383 Doctors oces and clinics 801-804 Medical and dental laboratories 807 Legal services 81 Engineering, accounting, research management, and related services 87 Public administration 91-97 General business oces, including corporate, government or other oces not providing services to the general public on a regular basis as the primary use --- Business signs --- Signs allowed in § B --- Freestanding building entrance signs --- Multi-tenant complex signs --- Electronic message signs --- Communication facilities and oces, including telephone, telegraph, radio, tele- vision and other communications 48 Amended The following uses shall be permitted by right in the OM Park District but only in conjunction with and secondary to a permitted principal use in accordance with § : Secondary Uses Standard Industrial Classication (SIC) Eating and drinking places 58 Except the following: Restaurants with drive-through uses --- Food services contractors 5821 Caterers 5821 Mobile food services --- Drinking places 5813 Commercial banks 602 Credit unions 606 Foreign banks 608 Depository banking-related uses, except the following:609 Check cashing agencies 6099 Money order issuance 6099 Travelers' check issuance 6099 Photocopying and duplicating services 7334 Oce machinery and equipment rental and leasing 7359 Secondary or accessory uses 13 9/13/22, 10:13 AM Frederick County, VA OM Office-Manufacturing Park District https://ecode360.com/13804500 3/4 Secondary Uses Standard Industrial Classication (SIC) Oce machine repair and maintenance 7629 Physical tness facilities for employees 7991 Day-care facilities Amended - Dry-cleaning and laundry services 721 Except the following: Linen supply 7213 Dry-cleaning plants 7216 Industrial launderers 7218 Added Uses permitted with a conditional use permit shall be as follows: Conditional Uses Standard Industrial Classication (SIC) Commercial recreation, indoor: •Professional sports clubs 7941 •Physical tness facilities 7991 •Membership sports and recreation clubs 7997 •Amusement and recreation services (to include only tness and sports instruction facilities) 7999 Conditional uses Design requirements A. Minimum size. No OM Park 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 OM Park District: (1) This district shall be planned and developed with a harmonious coordination of uses, architectural styles, landscaping, parking, signs and outdoor lighting. (2) This district shall be developed with a campus-like atmosphere and near major transportation facilities. (3) Any building shall be faced on all sides facing road rights-of-way with durable, attractive, high-quality materials, comparable to clay, brick, stone, wood, architectural concrete masonry unit (e.g., regal stone, split face, precision, ground face) or precast concrete panels. (4) Loading docks or loading entrances shall be blocked from view from public streets by utilizing board-on-board fencing, masonry walls, or evergreen tree plantings. (5) Outdoor storage shall be prohibited. (6) All OM Park Districts shall have access to a state road. C. The maximum structural height for oce buildings shall not exceed 90 feet; the height for all other uses shall be regulated by §§ and . Added 14 9/13/22, 10:13 AM Frederick County, VA OM Office-Manufacturing Park District https://ecode360.com/13804500 4/4 D. The maximum structural height for automobile parking structures shall not exceed 70 feet. Added 15 Development Review and Regulations Committee Agenda Item Detail Meeting Date: November 21, 2022 Agenda Section: Zoning Ordinance Text Amendment Proposals Title: Signs (§165-201.06) Attachments: DRRC11-21-22OA_ Signs.pdf 16 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Development Review and Regulations Committee FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – Signs DATE: November 14, 2022 Proposal: This is a proposal to amend the sign ordinance to implement changes because of the Reed v. Town of Gilbert ruling (SCOTUS, 2015). Specifically, the changes proposed ensure content-neutral sign regulations. Most of the sign standards (size, height, number, location) remain unchanged. Staff would note, one specific change in the sign standard is the addition of “Sign, Multi-Tenant Frontage” which further clarifies how much wall area can be allocated for signage for buildings with more than one tenant. This proposal was initiated by staff at the direction of the County Attorney. Current Zoning Ordinance Standards: This section is established to regulate the erection, number, area, height, location, type and maintenance of signs to promote the health, safety and general welfare of the public an d the orderly development of the County by protecting property values, and providing adequate signage for businesses and motorists, protecting and enhancing the image, appearance and economic vitality of the County, and supporting the Frederick County Comprehensive Plan (§165-201.06). Conclusion and Requested Action: The attached document shows the existing ordinance with the proposed changes as drafted by Staff and the County Attorney. Staff is seeking comments from the DRRC to forward to the Planning Commission and Board of Supervisors for discussion. MTK/pd Attachments: 1. Revised ordinance with additions shown in track changes. 2. Current Ordinance Standard 17 Proposed Changes – Sign Ordinance Revised November 2, 2022 ARTICLE I GENERAL PROVISIONS, AMEDNMENTS, AND CONDITIONAL USE PERMITS Part 101 – General Provisions §165-101.02 Definitions & word usage A. SIGN- Any object, device, display, structure, fixture, painting, emblem, or visual or part thereof, that is designed to use uses words, designs, figures, graphics, colors, illumination or projected images, fixtures, symbols, numbers, or letters for the purpose of communicating a message. B. SIGN AREA— The sign area shallwill be measured as the area of a sign face with the smallest square, circle, rectangle, triangle or combination thereof that encompasses the extreme limits of the words, letters, figures, design, symbols, fixtures, colors, illumination or projected image words, designs, figures, graphics, colors, illumination or projected images, fixtures, symbols, numbers, or letters or any part or combination thereof together with any materials or colors forming an integral part of the background of the sign face or used to differentiate the sign from the backdrop or structure against which it is placed. In the case of a double-faced sign where the interior angle formed by the faces is 45° or less or where the sign face is parallel, only one display face shallwill be used in calculating the area. Measuring Sign Area C. C. D. SIGN, ANIMATED— Any sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation. E. SIGN, BANNER— Any sign having words, letters, figures, design, symbols, fixtures, or color words, designs, figures, graphics, colors, illumination or projected images, fixtures, symbols, numbers, or letters applied to cloth, paper, flexible plastic, or fabric of any other kind, with only such material for backing. F. SIGN, COTTAGE OCCUPATION — Any sign advertising an approved cottage occupation. 18 Proposed Changes – Sign Ordinance Revised November 2, 2022 G. SIGN, ELECTRONIC MESSAGE — Any sign with a fixed or changing message and/or graphics composed of a series of lights that may be changed through electric or electronic means. Such electronic sign messages shallmust be displayed for a minimum of two minutes, and shallmust not be animated by scrolling, flashing or other similar non-static graphics. In no case shallmay an electronic message sign occupy more than 50% of the area of a permitted sign size. H. SIGN, FLAG — Any piece of cloth or bunting, with distinctive colors, patterns, or symbolic devices, that may constitute, among other things, a governmental or organizational symbol, or that may be decorative. I. F. SIGN, FLASHING — Any sign directly or indirectly illuminated that exhibits changing natural or artificial light or color effects by any means whatsoever. J. SIGN, ILLUMINATED — Any sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign. K. H. SIGN, INCIDENTIAL WINDOW - Signs Any sign displayed in the window displaying information. L. SIGN, INFLATABLE — Any display that is an air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor that provides a constant flow of air into the device. M. J. SIGN, INTERSTATE OVERLAY — Any on-premises business sign located within the Interstate Area Overlay District meeting all requirements of Article VII, Part 704 of this chapter. N. SIGN, MONUMENT — Any freestanding sign placed directly on the ground by means other than a support pole or brace in which the message portion is either on top of, or affixed to, the support structure. The width of the support structure for the monument sign must be a minimum of 50% of the width of the sign face area. Examples of Monument Signs 19 Proposed Changes – Sign Ordinance Revised November 2, 2022 O. SIGN, MULTI-TENANT COMPLEX — Any sign relating to more than one business, profession, produce, service, event, or other commercial or con-commercial activity sold, offered, or conducted on the same parcel of land where the sign is located. P. SIGN, MULTI-TENANT FRONTAGE - Buildings with more than a single tenant where each tenant has its own outside entrance, building frontage for each tenant is the wall that contains the tenant’s main public entrance, as determined by the Zoning Administrator. O. P.Q. SIGN, OFF-PREMISES — Any sign relating to a business, profession, product, service, event, or other commercial or non-commercial activity not sold, offered, or conducted on the same parcel of land where the sign is located. Q.R. SIGN, ON-PREMISES — Any sign relating to a business, profession, product, service, event, or other commercial or non-commercial activity sold, offered, or conducted on the same parcel of land where the sign is located. R. SIGN, PORTABLE — Any sign designed or intended to be moved or transported easily that is not permanently attached to the ground or affixed to a building or other structure. a. Sandwich Board Sign: Any type of freestanding, portable, temporary sign consisting of two faces connected and hinged at the top and is targeted to pedestrians (Also known as A-frame sign) b. Vehicular Sign: Any sign affixed to a operable vehicle in such a manner that the sign is used primarily as a stationary advertisement for the business located on the parcel on which the vehicle sits or is otherwise not incidental to the vehicle’s primary purpose. c. Pole sign. Any type of freestanding, portable, temporary sign with a two-sided sign face attached for a pole that is targeted to pedestrians or vehicles. 20 Proposed Changes – Sign Ordinance Revised November 2, 2022 S. SIGN, RESIDENTIAL SUBDIVISION IDENTIFICATION — Any sign which denotes the name of a residential subdivision, condominium or apartment complex. T. SIGN, ROOF — Any sign that is mounted on the roof of a building or a sign that projects above the top wall or edge of a building with a flat roof, the eave line of a building with a gambrel, gable, or hip roof, or the deck line of a building with a mansard roof. U. SIGN, SNIPE – Any sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public right-of-way or on any private property without the permission of the property owner. (Also known as bandit sign) V. SIGN, TEMPORARY — A sign that is displayed for only a limited period of time, and which may include, as a permitted sign pursuant to this chapter, a sign that is portable. Any sign designed or intended to be moved easily that is not permanently attached to the ground or affixed to a building or other structure. W. SIGN, WALL-MOUNTED — Any sign fastened to the wall of a building or structure in such a manner that the wall becomes the supporting structure for the sign. 21 Proposed Changes – Sign Ordinance Revised November 2, 2022 ARTICLE II SUPPLEMENTARY USE REGULATIONS, PARKING, BUFFERS, AND REGULATIONS FOR SPECIFIC USES Part 201 – Supplementary Use Regulations §165-201.06 Signs Signs perform an important function in identifying and promoting properties, businesses, services, residences, events, and other matters of interest to the public. The intent of this Article is to regulate all signs within the [municipality] County to ensure that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety, and general welfare by:  Setting standards and providing uniform, scientifically-based controls that permit reasonable use of signs and preserve the character of Frederick County.  Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to pedestrians and motorists.  Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion.  Establishing a process for the review and approval of sign permit applications. Any sign erected, altered, or maintained after the effective date of this Ordinance shallmust conform to the following regulations. 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 defined 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. Portable signs. f.e. Snipe Signs B. Signs allowed in all districts. The following signs shall beare allowed without a sign permit and shallwill 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) Memorial signs, public monument or historical identification signs. (4) Signs or emblems of a religious, civic, philanthropic, historical, or educational organization. (5) Official traffic signs and private road/drive signs. (6) Signs erected or required by a governmental agency. (7) Temporary signs. 22 Proposed Changes – Sign Ordinance Revised November 2, 2022 (8) Flag signs. (9) Informational signs. (10) Directional signs. (11) Banner Signs. (12) Holiday and seasonal decorations. (13) Security and warning signs. (14) Legal notices., such as posted service or notice of unfitness for habitation. (15) Vending machine signs. (16) Art and murals, provide such signs do not contain any commercial messaging. 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) Freestanding Monument signs. (2) Freestanding Multi-tenant Complex signs. (3) Wall-Mounted signs. (4) Window signs. (5) Off-Premise signs. (6) Electronic message signs. (7) Signs approved with a Conditional Use Permit, such as cottage occupation signs. 2. General Regulations of all signs. A. Sign Location. All freestanding signs shallmust be set back at least 10 feet from lot lines or property boundary lines. Signs that are attached to buildings shallmust meet the required setbacks for that building. B. Sign Spacing. The minimum distance separating freestanding signs shall beis 100 feet. The Zoning Administrator may allow two signs to be separated by less than 100 feet in order to allow the signs to share an appropriate location. In such cases, the two signs shallmsut be separated from other signs by a distance of 100 feet plus the distance by which the separation between the two signs was reduced from the required 100 feet. C. Sign Illumination. (1) Signs may be illuminated, unless otherwise specified herein, subject to and consistent with the following standards: a. Light sources to illuminate signs shall are neither to be visible from any street right-of- way, nor cause glare hazardous or distracting to pedestrian, vehicle drivers, or adjacent properties. b. Flashing, revolving, scrolling or intermittent light visible from any property line or street is shall be prohibited. c. Electronic sign messages or graphics shallmust be displayed for a minimum of two (2) minutes, and shallmust not be animated by scrolling, flashing or other similar nonstatic displays. In no case shallmay an electronic message sign occupy more than 50% of the area of a permitted sign size. Signs shall must provide an automatic timer to comply with the intent of this section. d. Each sign must have a light sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change to comply with the limits set here within. 23 Proposed Changes – Sign Ordinance Revised November 2, 2022 (2) Types of Illumination: Where permitted, illumination may be: a. External: Externally illuminated signs, where permitted, are subject to the following regulations: i. The source of the light must be concealed by translucent covers. ii. External illumination shallmust be by a steady, stationary light source, shielded and directed solely at the sign. The light source must be static in color. b. Internal: Internally illuminated signs, where permitted, are subject to the following regulations: i. Internal illumination, including neon lighting, must be static in intensity and color. D. Maintenance. All signs shallmust be maintained in a state of good repair. Signs that are damaged, structurally unsound or poorly maintained shallmust be repaired or removed within 30 days. (1) If an off-premises sign advertises a specific business, product, service, event, or activity that is no longer being operated or conducted or if a sign refers to a location where the advertised activities no longer exist, that sign shallwill be considered to be abandoned and shallmust be removed by the owner within 30 days. (2) If the message portion of a sign is removed, the supporting structural components shallmust be removed or the message portion replaced within 30 days. E . Sign permits. (1) Before a sign may be constructed, reconstructed or altered, a sign permit shallmust be obtained from the Frederick County Building Official. (1) An application for a sign permit must include: a) A description of the sign indicating the number, size, shape, dimensions, and colors of the sign; b) A schematic drawing of the site showing the proposed location of the sign in relation to nearby buildings and streets; c) The number of signs on the site. 3. Regulations by Sign Type A. Temporary Signs. Temporary signs, as defined in this section, located on private property, are exempt from standard sign permit requirements. Temporary signs that comply with the requirements in this sub-section shallwill not be included in the determination of the type, number, or area of signs allowed on a property. a) Size and Number. One freestanding temporary sign or banner sign is allowed per property in all districts and shouldTemporary signs may not exceed five (5) feet in height and 50 square feet (SF). b) Location. Temporary signs should comply with required setbacks as stipulated above and should not be placed in the public rights-of-way. c) Permission. The party posting the temporary sign is solely responsible for obtaining permission of the property owner before posting their temporary sign. d) Duration and Removal 24 Proposed Changes – Sign Ordinance Revised November 2, 2022 i. Temporary signs may be displayed up to 30 consecutive days, two (2) times per year. ii. Frederick County or the property owner may confiscate signs installed in violation of this chapter. Neither Frederick County nor the property owner is responsible for signs owners of confiscation of an illegal sign. iii. Illumination. Illumination of any temporary sign is prohibited. B. Freestanding Signs (1) Monument Signs. a) Number. One (1) monument sign is permitted for all properties. b) Height. All monument signs located in zoning districts other than the RA (Rural Areas) zoning district shallwill be permitted to establish a maximum sign height reflective of the roadway which the site’s entrance is located on, as such: i. Sign height will be measured from the grade level of the adjacent street to which the land upon the sign is located. i.ii. Signs along arterial roads shallmust not exceed 25 feet in height. ii.iii. Signs along collector roads shallmust not exceed 15 feet in height. iii.iv. Signs along all other roads shallmust not exceed 12 feet in height. iv. Sign height shall be measured from the grade level of the adjacent street to which the land upon the sign is located. v. In developments utilizing a multi-tenant complex sign, all other signs should not exceed 12 feet in height. b) Size. All monument signs located in zoning districts shallwill be permitted to establish a maximum sign area reflective of the adjacent roadways’ classification, as such: i. Signs along arterial roadways shallmust not exceed 150 square feet. ii. Signs along collector roadways shallmust not exceed 100 square feet. iii. Signs along other roads shallmust not exceed 50 square feet. iv. In development utilizing a multi-tenant complex sign, on-site freestanding monument signs shallmust not exceed 50 square feet. c) Illumination. All monument sign illumination shallmust comply with requirements outlined in §165-201.06(2)(C), sign illumination. C. Multi-tenant Complex Signs a) Number: The following regulations apply to the number multi-tenant complex signs permitted in certain district: i. One (1) per 1,200 linear feet of road frontage per development in all districts where allowed. ii. In tThe M1 and M2 Zoning Districts shallwill be limited to one (1) per property or business park. b) Height. In developments Developments utilizing a multi-tenant complex sign shall will be permitted to establish a maximum sign height reflective of the roadway which the site’s entrance is located on, as such: i. Signs along arterial roads shallmust not exceed 25 feet in height. ii. Signs along collector roads shallmust not exceed 15 feet in height. 25 Proposed Changes – Sign Ordinance Revised November 2, 2022 iii. Signs along all other roads shallmust not exceed 12 feet in height. c) Size. All multi-tenant complex signs located in zoning districts shallwill be permitted to establish a maximum sign area reflective of the adjacent roadways’ classification, as such: i. Signs along arterial roadways shallmust not exceed 150 square feet. ii. Signs along collector roadways shallmust not exceed 100 square feet. iii. Signs along other roads shallmust not exceed 50 square feet. d) Illumination. All multi-tenant sign illumination shallmust comply with requirements outlined in §165-201.06(2)(C), sign illumination. D. Wall-Mounted Signs a) Height. Wall-mounted signs shallmust not exceed the maximum height requirement for the zoning district in which they are located. General office buildings and hotel or motel buildings allowed to exceed the general height requirements for the underlying zoning district as per § 165-201.03B(6) (Height limitations, exceptions) shallare be allowed wall-mounted signs with a maximum height not to exceed the maximum height requirement of § 165-201.03B(6). b) Size. Wall-mounted business signs shall be permitted one and one-half (1 1/2) square feet of sign area for each linear foot of building frontage or twenty-five (25) square feet, whatever is greater, provided that the total area of the wall-mounted business sign or signs does not exceed 200 square feet. In situations where there are more than a single building users, each user shall be permitted a sign area proportionate to their frontage (See multi-tenant sign frontage definition).Wall-mounted signs shallare be permitted to encompass 20% of the area of the wall to which the sign is attached, provided that the total area of the wall-mounted business sign does not exceed 200 square feet. In situations where there are more than eight individual building users, each user shallmay not have a sign larger than 25 square feet. c) Location. Wall-mounted signs may be located on any wall face. d) Illumination. All sign illumination shallmust comply with requirements outlined in §165-201.06(2)(C), sign illumination. E. Electronic Message Signs a) Number. One electronic message sign is permitted for all properties. b) Height. Electronic message signs shallmust comply with the above height requirements for freestanding monument signs. c) Size. Electronic message signs shallmust comply with the above size requirements for freestanding monument signs. In no case shallmay an electronic message sign occupy more than 50% of the area of a permitted sign size. d) Location. Electronic message signs shallmust comply with the above requirements for freestanding monument signs. e) Illumination. All sign illumination shallmust comply with requirements outlined in §165-201.06(2)(C), sign illumination. Such electronic sign messages shallmust be displayed for a minimum of two (2) minutes, and shallmay not be animated by scrolling, flashing, or other similar nonstatic displays. F. Off-Premise Signs. In all zoning districts only freestanding monument signs, freestanding multi- tenant complex signs, and billboard signs shallwill be allowed off-premises. No other type of off- 26 Proposed Changes – Sign Ordinance Revised November 2, 2022 premises signs shallare be allowed. Off-premises signs shallmay only be freestanding monument signs. Such signs shallwill be allowed only if a conditional use permit for that sign has been granted. Conditions which may be placed on off-premises signs may include, but not be limited to, the following: a) Appropriate separation shallmust be provided between the off-premises sign and surrounding residences and other uses. The Board of Supervisors may require that such signs not be visible from surrounding residences. b) Off-premises signs shallmust be limited to a size, scale and height that does not detract from surrounding properties and uses, and in no case shallmay exceed the size and height regulations set forth in § 165-201.06 for freestanding signs. c) Off-premises signs shallmust be properly separated from each other to avoid clutter along road corridors, and in no case shallmay be less than the regulations set forth in § 165-201.06(2)B. d) Temporary or portable signs are prohibited as off-premise signs. G. All other signs. All other sign types (i.e. signs permitted in all districts) not specified above shallmust not exceed five (5) feet in height and four (4) square feet in sign area and shallmust be pole or wall-mounted. 4. Specific Sign Regulations by Zoning District Table 1: Sign Types Permitted by Zoning District Sign Type RA District RP, R4 & R5 Districts Business & Industrial Districts Temporary Signs* X X X Freestanding Monument Signs X X X Freestanding Multi-tenant Complex Signs X Wall-Mounted Signs X X X Electronic Message Signs X X X Off-Premise Signs* X X X *Temporary Signs do not require a sign permit, and may be displayed up to 30 consecutive days, two (2) times per year. **Off-Premise Signs require a Conditional Use Permit. A. RA (Rural Areas) District. (1) 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 must be controlled according to the following: a) Signs in the RA district may be pole-mounted, hanging or freestanding monument style signs. 27 Proposed Changes – Sign Ordinance Revised November 2, 2022 b) Number. One (1) sign is permitted per parcel. c) Height. Signs in the RA district shallmust not exceed 10 feet in height. d) Size. Signs in the RA district shallmust not exceed 50 square feet in sign area. e) Illumination. All sign illumination shallmust comply with requirements outlined in §165-201.06(2)(C), sign illumination. (2) For each lot or parcel containing a residence one (1) sign not to exceed five (5) feet in height and four (4) square feet in area with an approved conditional use permit (CUP) for cottage occupations. In areas with an approved conditional use permit for cottage occupations, for each lot or parcel containing a residence, one (1) sign not to exceed five (5) feet in height nor four (4) square feet in area, such as a cottage occupation sign, is allowed. Signs may be pole-mounted, hanging, or freestanding monument style signs. Illumination of such signs is prohibited. B. RP (Residential Performance), R4 (Residential Planned Community) & R5 (Residential Recreational Community) Districts. (1) For residential developments (including subdivision identification) the maximum size and number of signs that the owner or owners of the residential development may erect and maintain at the entrances to the development must be controlled according to the following: a) Subdivision identification signs shallmust be monument style signs. b) Number. One (1) subdivision identification sign per entrance. c) Height. Subdivision identification signs shallmust not exceed eight (8) feet in height. d) Size. Subdivision identification signs shallmust not exceed 32 square feet in sign area. e) Illumination. All sign illumination shallmust comply with requirements outlined in §165-201.06(2)(C), sign illumination. (2) For each lot or parcel in a residential development one (1) sign not to exceed five (5) feet in height and four (4) square feet in area with an approved conditional use permit (CUP) for cottage occupations. In areas with an approved conditional use permit for cottage occupations, for each lot or parcel containing a residence, one (1) sign not to exceed five (5) feet in height nor four (4) square feet in area, such as a cottage occupation sign, is allowed. Signs may be pole-mounted, hanging or freestanding monument style signs. Illumination of such signs is prohibited. 28 11/14/22, 10:35 AM Frederick County, VA Signs. https://ecode360.com/print/FR1364?guid=8708018 1/4 (1) (2) (3) (4) (5) A. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) B. Frederick County, VA Monday, November 14, 2022 Chapter 165. Zoning ARTICLE II. Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 201. Supplementary Use Regulations § 165-201.06. Signs. [Amended 6-9-1993; 9-12-2001; 12-14-2005; 2-13-2008] This section is established to regulate the erection, number, area, height, location, type and maintenance of signs to promote the health, safety and general welfare of the public and the orderly development of the County by protecting property values, and providing adequate signage for businesses and motorists; protecting and enhancing the image, appearance and economic vitality of the County, and supporting the Frederick County Comprehensive Policy Plan. Any type of sign not currently listed in §§ 165-201.06 and 165-101.02 of the Frederick County Zoning Ordinance shall be prohibited. Signs prohibited in all districts. The following types of signs shall be prohibited in all zoning districts: Animated or flashing signs. Signs painted directly onto the exterior of buildings. Inflatable signs. Roof signs. Portable signs. Signs allowed in all districts. The following types of signs shall be allowed in all zoning districts unless otherwise prohibited in this chapter: Signs indicating the names or addresses of the occupants of residences. Signs or bulletin boards associated with public institutions. Commemorative plaques and historical markers. Signs identifying civic, social or other nonprofit organizations. Private road signs. Signs erected or required by a governmental agency. Temporary yard sale signs. Temporary real estate signs. Temporary window signs. Temporary construction signs. 29 11/14/22, 10:35 AM Frederick County, VA Signs. https://ecode360.com/print/FR1364?guid=8708018 2/4 (11) (12) (13) (14) (15) (1) (2) (3) (4) (5) (6) (7) C. (1) (2) (3) D. E. F. G. Temporary campaign signs. Flag signs. Informational signs. Directional signs. Temporary banner signs: not to be displayed for more than 30 days. 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: Business signs. Cottage occupation signs. Freestanding building entrance signs. Residential subdivision identification signs. Multi-tenant complex signs. Interstate overlay district signs. Electronic message signs. Such electronic sign messages shall be displayed for a minimum of two minutes, and shall not be animated by scrolling, flashing or other similar nonstatic displays. In no case shall an electronic message sign occupy more than 50% of the area of a permitted sign size. Off-premises signs. In all zoning districts only multi-tenant complex signs, business signs, directional signs and residential subdivision signs shall be allowed off-premises. No other type of off-premises signs shall be allowed. Off-premises signs shall be freestanding monument signs. Such signs shall be allowed only if a conditional use permit for that sign has been granted. Conditions which may be placed on off-premises signs may include, but not be limited to, the following: [Amended 11-10-2010] Appropriate separation shall be provided between the off-premises sign and surrounding residences and other uses. The Board of Supervisors may require that such signs not be visible from surrounding residences. Off-premises signs shall be limited to a size, scale and height that does not detract from surrounding properties and uses, and in no case shall exceed the size and height regulations set forth in § 165-201.06 for freestanding signs. Off-premises signs shall be properly separated from each other to avoid clutter along road corridors, and in no case shall be less than the regulations set forth in § 165-201.06F. Setbacks. All freestanding signs shall be set back at least 10 feet from lot lines or property boundary lines. Signs that are attached to buildings shall meet the required setbacks for that building. In general, freestanding building entrance signs shall not be located in front yard setback areas. However, freestanding building entrance signs may be located in front yard setback areas as long as they are no more than five feet from the entrance to the building or use designated. Minimum spacing between freestanding signs. The minimum distance separating freestanding signs shall be 100 feet. The Zoning Administrator may allow two signs to be separated by less than 100 feet in order to allow the signs to share an appropriate location. In such cases, the two signs shall be separated from other signs by a distance of 100 feet plus the distance by which the separation between the two signs was reduced from the required 100 feet. Height. The following restrictions shall apply to the height of signs: 30 11/14/22, 10:35 AM Frederick County, VA Signs. https://ecode360.com/print/FR1364?guid=8708018 3/4 (1) (2) (3) (4) (5) (6) (a) (b) (c) (7) (8) (9) (1) (2) (3) (4) (5) (6) (a) (b) (c) (7) (8) H. I. Wall-mounted signs shall not exceed the maximum height requirement for the zoning district in which they are located. General office buildings and hotel or motel buildings allowed to exceed the general height requirements for the underlying zoning district as per § 165-201.03B(6) (Height limitations, exceptions) shall be allowed wall-mounted signs with a maximum height not to exceed the maximum height requirement of § 165-201.03B(6). Freestanding building entrance signs shall not exceed five feet in height. Freestanding directional signs shall not exceed five feet in height. Freestanding informational signs shall not exceed five feet in height. Freestanding residential subdivision entrance signs shall not exceed eight feet in height. All other freestanding signs located in the RA (Rural Areas) Zoning District shall not exceed 10 feet in height. All other freestanding signs located in zoning districts other than the RA (Rural Areas) Zoning District shall be permitted to establish a maximum sign height reflective of the roadway which the site's entrance is located on, as such: Signs along arterial roads shall not exceed 25 feet in height. Signs along collector roads shall not exceed 15 feet in height. Signs along all other roads shall not exceed 12 feet in height. Sign height shall be measured from the grade level of the adjacent street to which the land upon the sign is located. In developments utilizing a multi-tenant complex sign, on-site freestanding business signs shall not exceed 12 feet in height. Size. The following restrictions shall apply to the size of signs: Wall-mounted business signs shall be permitted to encompass 20% of the area of the wall to which the sign is attached, provided that the total area of the wall-mounted business sign does not exceed 200 square feet. In situations where there are more than eight individual building users, each user shall not have a sign larger than 25 square feet. Cottage occupation signs shall not exceed four square feet in area. Freestanding building entrance sign shall not exceed four square feet in area. Subdivision entrance signs shall not exceed 32 square feet in area. Directional signs shall not exceed five square feet in area. Informational signs shall not exceed 10 square feet in area. All freestanding business signs located in zoning districts other than the RA (Rural Areas) Zoning District shall be permitted to establish a maximum sign area reflective of the adjacent roadways' classification, as such: Signs along arterial roads shall not exceed 150 square feet. Signs along collector roads shall not exceed 100 square feet. Signs along other roads shall not exceed 50 square feet, In developments utilizing a multi-tenant complex sign, on site freestanding business signs shall not exceed 50 square feet. Type. All freestanding business signs shall be monument signs. 31 11/14/22, 10:35 AM Frederick County, VA Signs. https://ecode360.com/print/FR1364?guid=8708018 4/4 (1) (2) (3) (4) (5) J. (1) (2) K. (1) (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (2) L. Number. Freestanding business signs, excluding multi-tenant complex signs, in the M1 and M2 Districts shall be limited to one per property. Freestanding multi-tenant complex signs in the M1 and M2 Districts shall be limited to one per business park. Freestanding business signs, excluding multi-tenant complex signs, shall be limited to one per property in all other districts where allowed. Freestanding multi-tenant complex signs shall be limited to one per 1,200 linear feet of road frontage per development in all other districts where allowed. Cottage occupation signs shall be limited to one per business. Maintenance. All signs shall be maintained in a state of good repair. Signs that are damaged, structurally unsound or poorly maintained shall be repaired or removed within 30 days. If an off-premises sign advertises a business or activity that is no longer being operated or conducted or if a directional sign refers to a location where the advertised activities no longer exist, that sign shall be considered to be abandoned and shall be removed by the owner within 30 days. If the message portion of a sign is removed, the supporting structural components shall be removed or the message portion replaced within 30 days. Sign permits. Before a sign may be constructed, reconstructed or altered, a sign permit shall be obtained from the Frederick County Building Official. The following signs shall be exempt from obtaining sign permits, provided they comply with ordinance regulations: Signs indicating the names or addresses of the occupants of residences. Signs or bulletin boards associated with public institutions. Commemorative plaques and historical markers. Signs identifying civic, social, or other nonprofit organizations. Private road signs. Signs erected or required by a governmental agency. Temporary yard sale signs. Temporary real estate signs. Temporary window signs. Temporary construction signs. Temporary campaign signs. Directional signs. Informational signs. Flag signs. 32 Development Review and Regulations Committee Agenda Item Detail Meeting Date: November 21, 2022 Agenda Section: Zoning Ordinance Text Amendment Proposals Title: Utilities and Easements (§144-25) Attachments: DRRC11-21-22OA_ UtilitiesandEasements.pdf 33 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Development Review and Regulations Committee FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – Utilities and Easements DATE: November 14, 2022 Proposal: This is a proposal to amend Chapter 144 – Subdivision of Land to allow overhead utilizes in new industrial parks, office parks, and shopping centers through waiver granted by the Board of Supervisors. Current Zoning Ordinance Standards: All utilities shall be installed underground (§144-25(B)). Conclusion and Requested Action: The attached document shows the existing ordinance with the proposed changes as drafted by Staff. Staff is seeking comments from the DRRC to forward to the Planning Commission and Board of Supervisors for discussion. Specifically, staff is seeking direction from the DRRC on what criteria, if any, would be helpful in considering when it would be appropriate to grant a waiver and allow for overhead utilities. MTK/pd Attachments: 1. Revised ordinance with additions shown in track changes. 2. Current Ordinance Standard 34 Proposed Changes – Chapter 144 – Utilities Drafted November 3, 2022 Formatted: Font: (Default) Times New Roman, 8 pt Formatted: Font: (Default) Times New Roman, 8 ptChapter 144 – Subdivision of Land Article V Design Standards §144-25 Utilities and easements. A. Easements shall be recorded in subdivisions for all utility lines according to the requirements of the relevant utility companies. B. Underground utilities. All electric, telephone and cable television lines shall be installed underground. This requirement may be waived by the Board of Supervisors for subdivisions and lots in business and industrial zoning districts not requiring an approved master development plan or subdivisions in business and industrial zoning districts that were approved prior to the adoption of this chapter. Underground utilities shall be required in new industrial parks, office parks and shopping centers, as defined by Chapter 165, Zoning, of the Frederick County Code. This requirement may be waived by the Board of Supervisors for subdivisions and lots in business and industrial zoning districts requiring an approved master development plan. Formatted: Font: Bold 35 11/14/22, 10:35 AM Frederick County, VA Utilities and easements. https://ecode360.com/print/FR1364?guid=8706763 1/1 A. B. Frederick County, VA Monday, November 14, 2022 Chapter 144. Subdivision of Land Article V. Design Standards § 144-25. Utilities and easements. Easements shall be recorded in subdivisions for all utility lines according to the requirements of the relevant utility companies. Underground utilities. All electric, telephone and cable television lines shall be installed underground. This requirement may be waived by the Board of Supervisors for subdivisions and lots in business and industrial zoning districts not requiring an approved master development plan or subdivisions in business and industrial zoning districts that were approved prior to the adoption of this chapter. Underground utilities shall be required in new industrial parks, office parks and shopping centers, as defined by Chapter 165, Zoning, of the Frederick County Code. [Amended 9-26-2012] 36