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PC_06-06-74_Meeting_MinutesM i MINUTES OF THE MEETING OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board of Supervisors Room, June 6, 1974 PRESENT: Keith Williams, Chairman; Elmer Venskoske; Langdon Gordon; Manuel DeHaven; Richard Madigan; James W. Golladay; Maurice Perry; Ronald Berg; J. William Riley, III; and J. 0. Renalds, III. ABSENT: R. Wesley Williams CALL TO ORDER • i The Chairman called the Meeting to Order and announced that the first order of business was the approval of the Minutes of April 4, 1974 and April 25, 1974. The Chairman asked if there were any corrections and /or additions. The following corrections were noted by the Members: April 4, 1974 1. On Page 12, change "Swell" ditches to "Swale" ditches. 2. On Page 13, the word "stated" should be added to the first line. 3. On Page 15, change "location" to "located." 4. On Page 19, numeral ten should be (10). Y/ J/ Upon hearing the corrections, the Chairman stated that the Minutes of April 4, 1974 and April 25, 1974 were approved as corrected. • GOALS & OBJECTIVES The Chairman asked Mr. Berg to explain to the Members what the land use form of taxation involved. Mr. Berg explained that the land use form of taxation would allow property owners with an agricultural land use or open space to apply and have that land accepted for a land use form of tax assessment. He went on to further explain what would happen if the use of agricultural land was changed to another use. Mr. Berg told the Members that the proposed goals and objectives would be used in the proposed Land Use Plan that is presently being written. Following a short discussion, the Members agreed that the proposed goals and objectives were to be incorporated into the pro- 0 posed Land Use Plan. NON - CONFORMING USES The Secretary read the proposed amendments to the Commission. After a short discussion, it was decided that the proposed amendments are to be advertised with the following correction: In both "A" zones add: "Retail and Wholesale businesses established before November 1, 1973 as permitted uses with expansion up to 50% of the square footage of the original structure, just onetime." A -95 REVIEW HERITAGE HILLS SUBDIVISION • The Lord Fairfax Planning District Commission had sent a copy of the A -95 review for Heritage Hills Subdivision to the Planning Commission for their comments and /or recommendations on 96 new homes Page 2 being proposed for construction The Planning District added that they would like to have these comments not later than June 13, 1974. The Chairman stated that the subdivision was in back of Rolling Fields Subdivision and that it would have City water and sewer. He further added that the subdivision was close to the Sewage Treatment Plant for the City. Mr. Ron Berg read numerous correspondence from citizens of the Rolling Fields area complaining about the odor problem from the sewage treatment plant. Mr. Berg explained to the Members that a letter could be sent to the Lord Fairfax Planning District Commission informing them that there are inadequate sewage facilities in the Heritage Hills Subdivision. • Due to the incapability of the Winchester Sewage Treatment Plan to accept any further connections at this time, the following motion was made: Upon motion made by Elmer Venskoske and seconded by Manuel DeHaven: BE IT RESOLVED,That the Planning Commission of Frederick County does hereby recommend to the Board of Supervisors that they suspend further building permits and sewer hook -ups to the Treatment Plant. The above motion was passed with the following vote: Mr. DeHaven, Mr. Venskoske and Mr. Golladay all voting AYE; Mr. Perry and Mr. Madigan voting NAY; with Mr. Gordon abstaining. MOTION RECINDED Upon motion made by Elmer Venskoske and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick Page 3 n U IV County does hereby recind the previously stated motion. The above motion was passed unanimously by roll call vote. NEW MOTION Upon motion made by Richard Madigan and seconded by Elmer Venskoske: BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend to the Board of Supervisors that no building permits be issued for lots on previously approved sub- divisions where no capacity is available to treat sewage from these developments until such time as the - sewage treatment facilities are certified by the Virginia State Water Control Board as having capacity to accept the additional sewage. The above motion was passed with the following vote: Mr. Madigan, Mr. Perry, Mr. Venskoske, Mr. Golladay, and Mr. DeHaven voting AYE; with Mr. Gordon abstaining. • P U B L I C H E A R I N G AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 1.00 ACRES, MORE OR LESS, OF LANNY EUGENE SNYDER, LOCATED AT THE INTERSECTION OF ROUTE 644 - (PAPER MILL ROAD) AND CALDWELL LANE IN BACK CREEK MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -2) TO BUSINESS, LIMITED (B -1). RECOMMENDED APPROVAL Mr. Berg showed the exact location of the property in question to the *Members. Mr. Snyder appeared before the Commission and stated that he plans to construct a block building to be used as a grocery store. He added that everything would be kept under roof. No one appeared in opposition. Upon motion made by Langdon Gordon and seconded by Manuel n U DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick Page 4 • County does hereby recommend approval of this rezoning change to the Board of Supervisors. The above motion was passed with Mr. Gordon, Mr. Venskoske, Mr. DeHaven and Mr. Madigan voting AYE; with Mr. Perry and Mr. Golla- day abstaining. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER:1, 1973 TO REZONE 5.00 ACRES, MORE OR LESS, OF LANNY EUGENE SNYDER, ET UX, LOCATED APPROXIMATELY 1 /10 MILE SOUTHEAST OF CALDWELL LANE AND 2/10 MILE SOUTHWEST"OF ROUTE 644 (PAPER MILL ROAD) IN BACK CREEK MAGISTERIAL DISTRICT; FROM RESIDENTIAL, LIMITED (R -2) TO INDUSTRIAL, LIMITED (M -1) TABLED Mr. Berg showed the Members the exact location of the pro- perty in question. Mr. Snyder appeared before the Commission and stated that • he plans to build a garage and warehouse on the five acre tract. Mr. Madigan asked what Mr. Snyder planned to use the ware- house for. Mr. Snyder stated that he planned to use the proposed building to work on his trucks. He added that it would be located behind Russell's Roofing. Mr. Snyder further stated that the garage would hold two (2) trucks at one time, and that he needed to grease, oil and change the tires on the trucks. Mr. Snyder added that the trucks would be used to haul rocks, gravel, etc. Mr. Gordon asked if there was any M zoning in the area. Mr. Berg stated that there was none. No one appeared in opposition. Upon motion made by Richard Madigan and seconded by Manuel • DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby table this rezoning until the next meeting so Page 5 that the Commission may have more time to study the request. • The above motion was passed unanimously by roll call vote. AN ORDINANCE TO AMEND THE FREDERICK'COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 9.8329 ACRES, MORE OR LESS, OF PAUL E. RHINEHART, JR., LOCATED AT THE INTERSECTION OF ROUTES 809 AND 817, BOUNDED BY THE WINCHESTER AND WESTERN RAILROAD, IN BACK CREEK MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO INDUSTRIAL, GENERAL (M -2). RECOMMENDED APPROVAL Mr. Berg showed the exact location of the property to the Members. Mr. Rhinehart appeared before the Commission. He stated that his previous application had been withdrawn because of needing more acreage. He added that the request was so that he could build • a metal building to be used for smelting and heat processing to dry agricultural products or to recycle rubber, metal, and glass. No one appeared in opposition. Upon motion made by Richard Madigan and seconded by M. W. Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this rezpning to the Board of Supervisors. The Above motion was passed unanimously by roll call vote. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1,.1973 TO REZONE 20.00 ACRES, MORE OR LESS, OF SPECTRUM PROPERTIES, INC., LOCATED AT THE INTERSECTION OF ROUTE 50 EAST AND ROUTE 728, IN SHAWNEE MAGISTERIAL DISTRICT; FROM INDUSTRIAL, LIMITED (M -1) TO INDUSTRIAL, GENERAL (M -2). RECOMMENDED DENIAL • Mr. Berg showed the exact location of the property to the Commission. Mr. Doug Toan appeared before the Commission and explained Page 6 FEW S� that the rezoning is requested so that a Refuse Recycling Operation • may be built on the property. He added that the percolation tests had been made on the land and that the land had been approved by the Health Department. Mr. Toan continued that the refuse recycling operation would be on the first three (3) or four (4) acres depending on where the Health Department wanted the drainfield lines to be. OPPOSITION Mr. Eugene Gunter appeared before the Commission representing various people in the area that objected to the proposed rezoning. Mr. Gunter presented to the Commission two (2) petitions containing approximately 60 names from adjoining property owners and taxpayers in opposition to the rezoning. • Mr. A. H. Long appeared before the Commission and stated his-,own experiences with a refuse recycling operation in Virginia Beach. Mr. Bob L. Kilmer, Jr., appeared before the Commission to explain the location of his property in respect to the proposed property requesting a rezoning. Mr. John Anderson, a representative of Perry Engineering, appeared before the Commission in opposition to the proposed rezoning amendment. He stated that he had been instructed to explain to the Commission their reasons for opposition. He stated that Route 50 was the eastern approach to the City and that the travelers would see the plant on the way in which may not be pleasing to look at. Mr. Anderson further added that with • the recent growth of the City and County, that the location of the recycling center may be a part of the urban area in the future. Page 7 �3 Mr. Anderson stated that they were concerned how the weather • would affect the operation of the plant. He was also concerned about the traffic because of all the trucks coming in and out of Perry's Engineering, not to mention the garbage trucks would be coming out of the proposed plant. In final comment, Mr. Anderson stated that the Dump was on the South side of Perry's Engineering with the recycling plant being proposed on the North. He felt that this was not good planning of the County. REBUTTLE Mr. Jim Smith appeared before the Commission and stated that this was the best location for the plant. He added that if there • was a break down in the plant, then the garbage could be taken to the nearby Landfill. Mr. Madigan asked if there was any objection to moving closer to the Landfill. Mr. Smith stated that there would be a problem because of the size of the trucks going in and out of the plant and that there would have to be a bridge built to hold these trucks. He added that he needed special terrain. Mr. Madigan stated that some time ago, the land in question was rezoned to M -1 for a specific purpose because there was supposed to be an industrial park located in that area. He added that the rezoning of this land to M -2 at this time may discourage some cleaner type of industry from moving into the area. Mr.. Madigan further • added that he thought the recycling plant and landfill should be consolidated in a central area. Page 8 Upon motion made by Richard Madigan and seconded by James • Golladay, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend denial of rezoning of this land from M -1 to M -2 to the Board of Supervisors. The above motion was passed with Mr. Golladay, Mr. Gordon, Mr. DeHaven, Mr. Madigan and Mr. Venskoske voting AYE; with Mr. Perry abstaining. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE THE PROPERTY FRONTING ROUTE 661 WEST FOR A DISTANCE OF 200 FEET AND A DEPTH OF 200 FEET, LOCATED ONE -HALF (Z) MILE FROM INTERSECTION WITH ROUTE 11 NORTH, IN STONEWALL MAGISTERIAI DISTRICT; FROM INDUSTRIAL, LIMITED (M -1) TO RESIDENTIAL, GENERAL (R -3). p1m, Mr. Berg showed the location of the property to the Members. • He stated that there were two (2) homes that are in an industrial zone. Mr. Berg added that the two (2) homes were nonconforming uses and that the request for R -3 was being made so that the houses could become conforming uses. Mr. Charles Merriner appeared before the Commission and stated that the property was in the M -1 zone and that he would like to have the houses in a Residential zone. A short discussion followed between the Commission in which the new proposed amendment to the zoning ordinance was discussed that would allow homes in an industrial built before November 1, 1973 to become permitted uses. Therefore, the application was duly withdrawn. • AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE THE PROPERTY CONSISTING OF 0.834 ACRES, MORE OR LESS, LOCATED SOUTHWEST OF A RIGHT -OF -WAY LEADING TO ROUTE 661, ABOUT 1.5 MILES NORTHEAST OF WINCHESTER,.VIRGINIA, IN STONEWALL MAGISTERIAL DISTRICT; FROM INDUSTRIAL, LIMITED (M -1) TO RESIDENTIAL, Page 9 • GENERAL (R -3). DEFERRED Mr. Berg showed the exact location of the property to the Members. Mr. Russell Carroll appeared before the Commission on behalf of Charles Carroll requesting a zoning change from industrial to resi- dential. OPPOSITION Mr. Douglas 0. Grimm appeared before the Commission in opposi- • tion to the proposed rezoning. He stated that he was not objecting to the house being at the present location, but that he was objecting to the rezoning. Mr. Grimm stated that he had an agreement with the owner that the house would either be moved or torn down upon the owners death. Mr. Berg explained that the building permit was issued because it was a hardship case. Mr. Carroll appeared before the Commission and stated that his brother was in the hospital and that he needed a place to live. Mr. Carroll added that his brother was confined to a wheelchair and that he had to have special provisions put in the.house. He further added that the restrictions in the Deed were outrageous. A lengthy discussion followed in which th Members were given • a copy of the Deed to study. It was brought to the Commission's atten- tion that there was a house trailer on the property. Upon motion made by Richard Madigan and seconded by James Golladay, Page 10 9/ BE IT RESOLVED, That the Planning Commission of Frederick • County does hereby refer this rezoning to the Commonwealth Attorney for legal advice. The above motion was unanimously passed by call vote. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE THE PROPERTY ON WHICH IS LOCATED THE WEBER'S NURSERY, IN STONEWALL MAGISTERIAL DISTRICT; FRONTING NORTH ROUTE 11 FOR 400 FEET AND LEE STREET FOR 387 FEET AND CONSISTING OF 3.7 ACRES, MORE OR LESS; FROM RESIDENTIAL, LIMITED (R -1) TO AGRICULTURAL, GENERAL (A -2). RECOMMENDED APPROVAL Mr. Berg stated that the nursery had never been in the right zoning district. Therefore, in order for the nursery to expand and improve, the request has been made to put the nursery in the Agricultural, General (A -2) zone. is No one appeared in opposition. Upon motion made by Richard Madigan and seconded by Manuel DeHaven, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend to the Board of Supervisors that they rezone this parcel of land of approximately three (3) acres from R -1 to A -2. The above motion was passed unanimously by roll call vote. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO REZONE 3.18644 ACRES, MORE OR LESS, OF APPROXI- MATELY 3/10 MILES WEST OF INTERSECTION WITH ROUTE 752, IN BACK CREEK MAGISTERIAL DISTRICT; FROM AGRICULTURAL, LIMITED (A -1) TO BUSINESS, GENERAL (B -2). RECOMMENDED APPROVAL Mr. Berg showed the location of the proposed bank to the Commission. • Mr. Roscoe Bowers appeared before the Commission in favor of the application. He stated that the bank would be located nest Page 11 to the Post Office. • No one appeared in opposition. Upon motion made by Langdon Gordon and seconded by James Golladay, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of this rezoning to the Board of Supervisors. The above motion was passed unanimously by roll call vote. AN ORDINANCE TO AMEND THE FREDERICK COUNTY ZONING ORDINANCE ADOPTED NOVEMBER 1, 1973 TO AMEND: SECTION 21 -1 -2 TO INCREASE THE APPLICATION FEE TO $100. SECTIONS 9 -4 AND 10 -4 TO READ: "FOR PERMITTED USES THE MINIMUM SIDE AND REAR YARD ADJOINING OR ADJACENT TO A RESIDENTIAL OR AGRICULTURAL DISTRICT SHALL BE TWENTY -FIVE (25) FEET. • SECTIONS 12 -2 -3 AND 13 -2 -2 TOOELETE THE LAST SENTENCE AND TO READ: "LANDSCAPING MAY BE REQUIRED WITHIN AN ESTABLISHED OR REQUIRED FRONT SETBACK, SIDE OR REAR YARD. THE PLANS AND EXECUTION MUST ENTER INTO CON- SIDERATION TRAFFIC HAZARDS. ARTICLE XIII, TO ADD SECTION 13 -1 -25: "DEISEL AND INDUSTRIAL VEHICLE WASHING FACILITIES." ARTICLE VI, RESIDENTIAL, GENERAL DISTRICT R -3. TO ENACT ARTICLE 23, MULTI - FAMILY RESIDENTIAL, DISTRICT R -6. ARTICLE 12, YARD REGULATIONS IN MANUFACTURING DISTRICT (M -1). ARTICLE 13, YARD REGULATIONS IN MANUFACTURING DISTRICT (M -2) DISCUSSION Mr. K. Williams stated that in his opinion the accessory • buildings in the R -6 District should be allowed to be built up to the property line. Mr. DeHaven stated that he was worried about fire protection. Page 12 �Y t A lengthy discussion followed in which Mr Berg explained the • floor ratio to the Members in reference to apartment complexes. Upon motion made by James Golladay and seconded by M. W. Perry, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval to the Board of Supervisors to amend Sections 21 -1 -2, 9 -4, 10 -4, 12 -2 -3, 13 -2 -2 as stated; and BE IT FURTHER RESOLVED, That the Planning Commission does hereby recommend approval of Articles VI, Residential, General District R -3 and Article 24, Multi- Family Residential, District R -6 to the Board of Supervisors as follows: ARTICLE VI RESIDENTIAL, GENERAL DISTRICT R -3 Statement of Intent • This district is composed of high concentrations of residential uses, plus certain open areas where similar development appears. likely to.occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life composed of an adult population with some children, and to encourage the development of modest dwellings within the reach of families of modest income. This residential district is not completely residential as it includes public and semi- public, institutional, and other related uses. 6 -1. USE In Residential District R -3, structures to be erected or land to be used shall be for one or more of the following uses: 6 -1 -1. Single - family dwellings. 6 -1 -2. Rooming and Boarding Houses. 6 -1 -3. Tourist homes. 6 -1 -4. Schools. • 6 -1 -5. Churches. 6 -1 -6. Convalescent and nursing homes, with a Conditional Use Permit. Page 13 9�f • • • 6 -1 -7. Public parks, playgrounds, and recreational uses with a conditional Use Permit. 6 -1 -8. General hospitals with a Conditional Use Permit. 6 -1 -9. Home Occupations, as defined, conducted entirely under cover by the occupant, with a Conditional Use Permit. 6 -1 -10. Off- street parking as required by this ordinance. 6 -1 -11. Accessory buildings.permitted as defined. However, garages or other accessory structures such as car- ports, porches, and stoops attached to the main building shall be considered part of the main build- ing. No accessory building shall be closer than five (5) feet to any property line. 6 -1 -12. Public utilites suchoas poles, lines, distribution transformers, pipes and meters, including water and sewer lines. 6 -1 -13. Business signs only to advertise the sale or rent of the premises upon which erected. 6 -1 -14. Church bulletin boards and identification signs. 6 -1 -15. Directional signs. 6 -1 -16. Home occupation signs. 6 -1 -17. Fire stations, companies, and rescue squads. 6 -2. AREA REGULATIONS 6 -2 -1. For lots containing or intended to contain a single permitted use served by public water and sewage disposal, the minimum lot area shallbe twelve thousand (12,000) square feet, with a minimum lot width at the setback line of eighty (80) feet. 6 -2 -2.. For lots containing or intended to contain a single permitted use served by public water systems, but having individual sewage disposal, the minimum lot area shall be twenty thousand (20,000) square feet, with a minimum lot width at the setback line of one hundred (100) feet. 6 -2 -3. For lots containing or intended to contain a single permitted use served by individual water and sewage disposal systems, the minimum lot area shall be forty thousand (40,000) square feet, with a minimum lot width at the setback line of one hundred twenty (120) feet. Page 14 I 6 -3. SETBACK REGULATIONS • 6 -3 -1. No structure except church bulletin boards and permitted identification signs and on- premises directional signs shall be located between the setback line and the street, road or highway center line. 6 -3 -2. The setback line shall be located thirty -five (35) feet or more from any highway, street or road right - of -way which is fifty (50) feet or greater in width or sixty (60) feet or more from the center line of any street with a right -of -way less than fifty (50) feet in width and parallel or concentric to the center line. 6 -4. YARD REGULATIONS 6 -4 -1. Side - The minimum side yard for each main structure ssEafl be ten (10) feet and the total width of the two (2) required side yards shall be twenty -five (25) feet. 6 -4 -2. Rear - Each main structure shall have a, rear yard o wenty -five (25) feet. • 6 -5 HEIGHT REGULATIONS Buildings may be erected up to thirty -five (35) feet in height from grade except that: 6 -5 -1. The height limit for dwellings may be increased up to ten (10) feet and up to three (3) stories pro- vided there are two (2) side yards for each permitted use, each of which is ten (10) feet or more, plus one (1) foot or more of side yard for each additional foot of building height:over thirty -five (35) feet. 6 -5 -2. A public or semi - public building such-.as a school, church, library or hospital may be erected to a height of sixty (60) feet from grade provided that required front, side and rear yards shall be in- creased one (1) foot for each foot in height over thirty -five (35) feet. 6 -5 -3. Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flag poles, television antennae and radio aerials are exempt. Parapet walls may be up to four (4) feet above the height of the building on which the roof rests. • 6 -5 -4. No accessory building which is within ten (10) feet of any party lot line shall be more than one (1) Page 15 story high. All accessory buildings shall be less • than the main building in height. 6 -6. SPECIAL PROVISIONS FOR CORNER LOTS 6 -6 -1. Of the two (2) sides of a corner lot the front shall be deemed to be the shortest of the two (2) sides fronting the streets. 6 -6 -2. The side yard on the side facing the side street shall be thirty -five feet or more for both main and accessory buildings. 6 -6 -3. For subdivisions platted after the enactment of this ordinance, each corner lot shall have a minimum width at the setback line of one hundred (100) feet. ARTICLE XXIV MULTIFAMILY - RESIDENTIAL DISTRICT R -6 • Statement of Inten The district is composed of the highest density residential uses such as multi - family dwellings and public or semi- public uses. The regulations for this district are designed to per- mit higher density living, with adequate open space and common recreation areas. While several types of dwellings are per- mitted, each should not be mixed with the other without open areas to group each type of dwelling. 24 -1. USE REGULATIONS 24 -1 -1. 24 -1 -2. 24 -1 -3. • 24 -1 -4. 24 -1 -5. 24 -1 -6. In Multi - fmaily Districts R -6 structures to be erected or land to be used, shall be for one or more of the following uses: Apartment houses. Two - family detach dwellings. One - family semi - detached and attached dwellings (single - family homes that share one or more common wall with adjacent single - family dwellings). Schools. Churches. Professional Offices. Page" 16 24 -1 -7. Public parks, playgrounds, and recreational uses • with a Conditional Use Permit. 24 -1 -8. Neighborhood commercial uses such as-Drug Stores, Grocery Stores, and personal services. Such uses shall be limited to not more than twenty -five per cent (25 %) of the total floor area permitted. 24 -1 -9. Off- street parking as required by this ordinance. 24 -1 -10. Accessory buildings as defined. However, garages or other accessory structures such as carports and porches attached to the main building shall be con- sidered part of the main building. No accessory building shall be closer than five (5) feet to any property line. 24 -1 -11. Public utilities including poles, lines, distribution transformers, pipes, and meters, water and sewer facilities and lines. 24- 1 -.12. Business signs. 24 -1 -13. Church bulletin boards and identification signs. 24 -1 -14. Directional signs. • 24 -1 -15. Fire stations, companies, and rescue squads. 24 -2. AREA REGULATIONS The following floor area ratios shall govern area regulations: 24 -2 -1. For apartment houses the maximum floor area shall be .28. 24 -2 -2. For one - family semi - detached and attached dwellings the maximum floor area ratio shall be .14. 24 -2 -3. For all other permitted uses in this district the maximum floor area ratio shall be .40. 24 -2 -4. Permitted floor area calculations: Floor area is defined as the sum of the gross areas of the several floors of a building measured from the exterior faces of exterior walls or from the center lines of walls separating two (2) buildings. The area does not include any terrace, patio, exterior porch or balcony which is not covered or garage spaces or areas used for major mechanical equipment. Per- mitted building size, in floor area, is calculated by multiplying the Floor Area Ratio (FAR) times the gross land area. 9� Page 17 M 24 -3. SETBACK REGULATIONS • 24 -3 -1. No structure, except church bulletin boards and permitted identification signs and on- premises directional signs, shall be located between the setback line and the street, road or highway center line. 24 -3 -2. The setback line shall be located thirty -five (35) feet or more from any highway, street or road right - of -way which is fifty (50) feet or greater in width or sixty (60) feet or more from the center line of any street with a right -of -way less than fifty (50) feet in width and parallel or concentric to the center line. 24 -4. YARD REGULATIONS 24 -4 -1. Side - Each main building or grouping shall have side yards of twenty (20) feet when adjoining single - family detached residence districts. In no case shall a side yard of less than fifteen (15) feet in width be provided. 24 -4 -2. Rear - Each dwelling shall have a rear yard of twenty • T27 feet. 24 -5. WIDTH REGULATIONS 24 -5 -1. The minimum lot width at the setback line shall be one hundred (100) feet. 24 -5 -2. The minimum lot width for each single - family attached or semi - detached dwelling shall be eighteen (18) feet at the setback line. 24 -6. SPECIAL PROVISIONS FOR CORNER LOTS. 24 -6 -1. Of the two (2) sides of a corner lot the front shall be deemed to be the shortest of the two (2) sides fronting on streets. 24 -6 -2. The side yard on the side facing the side street shall be thirty -five feet (35) feet or more for both main and accessory building. 24 -6 -3. Each corner lot shall have a minimum width at the setback line of one hundred (100) feet, except for single - family attached dwellings which shall have a • minimum width of thirty (30) feet at the setback. 24 -7. OPEN SPACE AND RECREATION REQUIREMENTS Page 18 24 -7 -1. Required recreation area shall be provided based upon • the population per dwelling unit. Population shall be computed using a factor of three (3) persons per single - family unit, and two (2) persons per apartment unit. 24 -7 -2. Institutions shall be exempt from this requirement. 24 -7 -3. Based upon the National Recreation and Parks Association recommendations of fifteen (15) acres of park land per 1,000 population or $30.00 expended on parks per person, .015 acres of recreation area shall be pro- vided per person. Less area, .0075 acres per person, may be provided if $15.00 per person is dedicated to Frederick County to provide additional recreation in the district. 24 -8. OPEN SPACE AND RECREATION AREAS 24 -8 -1. Common area and recreation areas shall be maintained by and be the sole responsibility of the developer - owner of the multi - family development. If units are to be sold or ever are sold on an individual basis, common areas and recreation areas and open space shall be conveyed to a non - profit corporate • owner whose members shall be all of the individual owners of the multi - family dwellings in. -the develop- ment, and membership shall be manditory. Such orgnization shall not be dissolved nor shall it dispose of any common space, open space or recreation areas by sale or otherwise, without first offering to dedicate the same to Frederick County. 24 -8 -2. In the event that the organization established to own and maintain common open space and recreation areas, or any successor organization, shall at any time after establishment of the multi - family develop- ment fail to maintain the open space and:recreation areas in reasonable order and condition in accordance with the plan, Frederick County may serve written notice upon such organization or upon the residents and owners of the multi - family development setting forth the manner in which the organization has failed to maintain the open space and recreation areas in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. If the deficiencies set forth in the original notice or in the modifications thereof are not cured within said thirty (30) days or any extension thereof, the County in order to preserve the taxable value of the properties • within the multi - family development and to prevent the open space and recreation areas from becoming a Page 19 24 -9. 24 -9 -1 24 -9 -2 24 -9 -3 11 SPECIAL REGULATIONS No more than eight (8) attached or semi - detached units shall be included in any grouping. Attached dwellings shall be separated by a non- combustible party wall to the roof, with a fire resistance of not less than two (2) hours duration. .Each dwelling shall front street or a thirty -four access easement. on a dedicated public (34). foot minimum width i i i a X Page, ?20 O O v public nuisance, may enter upon said space and areas and maintain the same for a period of one (1) year. • Said entry and maintenance shall not vest in the public any rights to use the open space or recreation areas except when the same is voluntarily dedicated to the County by the residents and owners. Before the expiration of said year, the County shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common space, call a public hearing upon notice to such orgnaization, or the residents and owners of the multi - family development, to be held by the governing body, at which hearing such organization or the residents and owners of the multi - family develop- ments shall show cause why such maintenance by the Countv shall not, at the election of the County, continue for a succeeding year. If Frederick County shall determine that such organization is ready and able to maintain said open space and recreation areas in reasonable condition, the county shall - cease to maintain said common space and recreation areas at the end of said year. If Frederick County shall determine such organization is not ready and able to maintain said open-space and recreation areas during the next succeeding year and subject to a similar hearing and determination in each year thereafter. ' • 24 -8 -3. The decision of the County in-any case shall con- stitute a final administrative decision subject to appeal for judicial review. 24 -8 -4. The cost of such maintenance by the County shall be assessed ratably against the properties within the multi - family development and shall become a tax lien on said properties. The County, at the time of entering upon said open space and recreation areas for the purpose of maintenance, shall file a notice of such.lien in the office of the County Clerk upon the properties affected by such lien within the multi - family development. 24 -9. 24 -9 -1 24 -9 -2 24 -9 -3 11 SPECIAL REGULATIONS No more than eight (8) attached or semi - detached units shall be included in any grouping. Attached dwellings shall be separated by a non- combustible party wall to the roof, with a fire resistance of not less than two (2) hours duration. .Each dwelling shall front street or a thirty -four access easement. on a dedicated public (34). foot minimum width i i i a X Page, ?20 24 -9 -4. The facades of dwelling units in a single- family • attached development shall be varied by changing front yards by not less than two (2) feet and varying materials or design, so that no more then four (4) adjacent dwelling units will have the same front . yard depth or the same or essentially the same architectural treatment of facades and roof lines. 24 -9 -5 For each dwelling unit there shall be an average of two (2) off - street parking spaces provided on the lot or within one hundred fifty (150) feet thereof. 24 -10. SITE PLAN 24 -10 -1. A site plan as described in Section 16 of this ordinance shall be submitted and approved for R -6 developments. 24 -11. SEWERAGE No multi - family dwelling shall be constructed with indivual sewerage systems and individual water systems, except by Conditional Use Permit. • BE IT FURTHER RESOLVED, That the Planning Commission does hereby recommend approval to the Board of Supervisors the changes in Article 12, Yard Regulations in Manufacturing District (M -1) and Article 13, Yard Regulations in Manufacturing District (M -2). ARTICLE XII INDUSTRIAL, LIMITED DISTRICT M -1 Statement of Intent The primary purpose of this district is to permit certain industries which do not in any way detract from residential desirability to locate in any area adjacent to residential uses. The limita- tions on (or provisions relating to) of building, horsepower, heating, flammable liquids or explosives, controlling emission of fumes, odors and /or noise, landscaping, and the number of persons employed are imposed to protect and foster adjacent resi- dential desirability while permitting industries to locate near a labor supply. 12 -1. USE REGULATIONS: • to be erecte or of the following I.n Industrial District M -1 any structure land to be used shall be for one or more uses: Page. 2.1 Oli 12 -1 -1. Assembly of electrical appliances, electronic instru- ments and devices, radios and phonographs. Also the manufacture of small parts such as ..coils, condensers, transformers, and crystal holders. 12 -1 -2. Automobile assembling, painting, upholstering, repairing, rebuilding, reconditioning, body and fender work, truck repairing or overhauling, tire retreading or recapping, or battery manufacture. 12 -1 -3. Blacksmith shop, welding or machine shop. 12 -1 -4. Laboratories -- pharmaceutical and /or medical. 12 -1 -5. Manufacture, compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceu ticles, perfumed toilet soap, toilet and food products. 12 -1 -6. Manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared materials: bone, cellophane, canvas, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastic, precious or semi - precious metals or stones, shell, straw, textiles, tobacco, wood, yarn, and paint. • 12 -1 -7. Manufacture of pottery and figurines or other similar ceramic products, using only previously pulverized �jqy and kilns fired only by electricity or gas. 12 -1 -8. Manufacture of musical instruments, toys, novelties and rubber and metal stamps. 12 -1 -9. Light industrial manufacturing, assembling, processing and compounding of glass (but only as a component part of the manufacturing, assembling, processing and compound- ing thereof), metal and plastic products from prepared and raw materials, together with assocaited operations, including machining, stamping, treating and plating, ex- cluding punch presses and drop hammers exceeding forty (40) ton rated capacity, provided, however, that plastic or metal compounding and processing shall only involve previously prepared plastic or metal material and that no compounding or processing will be done using coke and coals as fuel. 12 -1 -10. 12 -1 -11. 12 -1 -12. • 12 -1 -13. 12 -1 -14. Building material sales yards, plumbing, supplies, storage Coal and wood yards, lumber yards, feed and seed stores. Contractors' equipment storage yards or plants, or rental of equipment commonly used by contractors. Cabinets, furniture and upholstery shops. Boat building. Page 22 • s • 12 -1 -15. Monumental stone works. 12 -1 -16. Wholesale businesses, storage warehouses. 12 -1 -17. Off- street parking as required by this ordinance, 12 -1 -18. Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, and other facilities for the provision and maintenance of public utilities, including railroads and facilities, and water and sewer facilities and lines. 12 -1 -19. Business signs. 12 -1 -20. Location signs. 12 -1 -21. Single - family homes built before November 1, 1973, with expansion permitted within the bounds of the exis- ting lot lines and home occupations excluded. 12 -1 -22. Retail and wholesale businesses established before November 1, 1973, with expansion permitted up to 501 of the square footage of the origianl structure. 12 -2. REQUIRE:�ENTS -FOR PERMITTED USES 12 -2 -1. Before a building permit shall be issued or construction commenced on any permitted use in this district, or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes shall be submitted to the zoning administrator for study. The administrator shall refer these plans to the Planning Commission for recommendation. Modification of the plans may be required by the Planning Commission or Administrator. 12 -2 -2 -. Permitted uses shall be conducted wholly within a completely enclosed building or within an area enclosed on all sides by a solid masonry wall, a uniformly painted solid board fence or evergreen hedge six (6) feet in height. Public utilities and signs requiring natural air circulation, unobstructed view, or other technical consideration necessary for proper operation may be exempt from this provision. This exception does not include storing of any material. 12 -2 -3. Landscaping may be required within an established or required front setback, side or rear yard. The plans and execution must enter into consideration traffic hazards. 12 -2 -4. Sufficient area shall be provided (a) to adequately screen permitted uses from adjacent business and resi- dential districts, and (b) for off- street parking of vehicles incidental to the industry, its employees and clients. Page 23 y 12 -2 -5. Automobile graveyards andjunkyards in existence at the • . time of the adoption of this ordinance are to be consi- dered as nonconforming uses. They may be allowed up to three (3) years after adoption of this ordinance in which to completely,screen, on any side open to view from a public road, the operation or use by a masonry wall, a uniformly painted solid board fence, or an evergreen hedge eight (8) feet in height: 12 -2 -6. The administrator shall act on any application received within thiry (30) days after receiving the application. If formal notice in writing is given to the applicant, the time for action may be extended for a thirty (30) day period. 12 -3. AREA REGULATIONS For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the Health Official. 12 -3 -1. Maximum total floor area shall not exceed .40 times the area of the lot. 12 -4. SETBACK REGULATIONS • 12 -4 -1. No structure, except signs, shall be located between the setback line and the street, road or highway center line. 12 -4 -2. The setback line shall be located seventy -five (75) feet or more from any street right -of -way which is fifty (50) feet or greater in width or one hundred (100) feet or more from the center line of any street with a right -of -way less than fifty (50) feet in width and parallel or concentric to the center line. 12 -5. YARD REGULATIONS 12 -5 -1. No building shall be erected closer than fifty (50) feet to any street, road or highway right -of -way. No off - street parking or loading space shall be per- mitted within twenty -five (25) feet of any street, road, or highway right -of -way. 12 -5 -2. No portion of any building shall be erected closer than fifty (50) feet to any residential or agricultural district boundary;twenty -five (25) feet for all other districts (except where such boundary is a railroad right -of -way or spur) and no off - street parking or • loading space shall be closer than fifty (50) feet to ( any residential or agricultural district boundary. Off - street shall be provided in accordance with ,:parking Section 18 -5. Page 24 12 -6. HEIGHT REGULATIONS • Buildings may be erected up to a height of thirty -five (35) feet. For buildings over thirty -five feet in height, approval shall be obtained from the administra- tor. Chimneys, flues, cooling towers, flag poles, radio or communication towers or their accessory facilities not normally occupied by workmen are exclu- ded from this limitation. Parapet walls are permitted up to four (4) feet above the limited height of the building on which the walls rest. ARTICLE XIII INDUSTRIAL, GENERAL DISTRICT M -2 Statement of Intent The primary purpose of this district is to establish an area where the principal use of land is for heavy commercial and indus- trial operations, which may create some nuisance, and which are not properly associated with, nor particularly compatible with, residential, institutional and neighborhood commercial service establishments. The specific intent of this district is to (1) encourage the construction of and the continued use of the land for heavy commercial and industrial purposes; (2) prohibit residential and neighborhood commercial use of the land and to prohibit any other use which would substantially interfere with the development, continuation or expansion of commercial and industrial uses in the district; and (3) encourage the discon- tinuance of existing uses that would not be permitted as new uses under the provisions of this ordinance. 13 -1. USE REGULATIONS: In Industrial District M -2, buildings to be erecte or land to be used shall be for one or more of the following uses: 13 -1 -1. Truck terminals. 13 -1 -2. Sand and gravel operations. 13 -1 -3. Crushed stone operations. 13 -1 -4. Wood preserving operations. 13 -1 -5. Abattoirs. • 13 -1 -6. Acid manufacture. 13 -1 -7. Cement, lime, gypsum manufacture. Page 25 13 -1 -8. Fertilizer manufacture. • 13 -1 -9. Petroleum storage. 13 -1 -10. Petroleum refining, including by- products. 13 -1 -11. Asphalt mixing plant. 13 -1 -12. Lumber products manufacturing. 13 -1 -13. Paper and pulp manufacture. 13 -1 -14. Brick manufacture. W /D6 Page 26 13 -1 -15. Boiler shops. 13 -1 -16. Junk storage (screened), including automobile junkyards. 13 -1 -17. Meat, poultry and fish processing. 13 -1 -18. Off- street parking as required by this ordinance. 13 -1 -19. Public utility generating, booster or relay stations, transformer substations, transmission lines and towers, and other facilities for the provision•,and maintenance of public utilities, including railroads and sewer • facilities, and water and sewer line. 13 -1 -20. Accessory uses as defined. 13 -1 -21. Business signs. 13 -1 -22. Location signs. 13 -1 -23. Refuse recycling operations. 13 -1 -24. Smelting and heat processing to dry agricultural products or to recycle rubber, metal and glass. 13 -1 -25. Deisel and industrial vehicle washing facilities. 13 -1 -26. Single - family homes built before November 1, 1973, with expansion permitted within the bounds of the existing lot lines and home occupations excluded. 13 -1 -27. Retail and wholesale businesses established before November 1, 1973, with expansion permitted up to 50% of the square footage of the original structure. 13 -2. REQUIREMENTS FOR PERMITTED USES 13 -2 -1. Before a building permit shall be issued or construction • commenced on any permitted use in this district, or a permit issued for a new use, the plans, in sufficient detail to show the operations and processes, shall be submitted to the zoning administrator for study. Page 26 r7 / 13 -2 -2. Landscaping may be required within an established or • required front setback, side or rear yard. The plans and execution must enter into consideration traffic hazards. 13 -2 -3. Sufficient area shall be provided (a) to adequately screen permitted uses from adjacent business and resi- dential districts and (b) for off - street parking of vehicles incidental to the industry, its employees and clients. 13 -2 -4. Automobile graveyards and junkyards in existence at the time of the adoption of this ordinance are to be considered as non - conforming uses. They shall be allowed up to three (3) years after adoption of this ordinance in which to completely screen, on all sides open to view from a public road, the operation by a masonry wall, a uniformly painted solid board fence, or an evergreen hedge six (6) feet in height. 13 -2 -5. The administrator shall act on any application received within sixty (60) days after receiving the application. If formal notice in writing is given to the applicant, the time for action may be extended for a thirty (30) day period. Failure on the part of the administrator to act on the application within established time limit shall be deemed to constitute approval of the app- lication. 13 -3. AREA REGULATIONS For permitted uses utilizing individual sewage disposal systems, the required area for any such use shall be approved by the Health Official. • 13 -3 -1. Maximum total floor area shall not exceed .40 times the area of the lot. 13 -4. SETBACK REGULATIONS 13 -4 -1. No structure, except signs, shall be located between the setback line and the street, road or highway center lire. 13 -4 -2. The setback line shall be located seventy -five (75) feet or more from any street right -of -way which is fifty (50) feet or greater in width or one hundred (100) feet or more from the center line of any street with a right -of -way less than fifty (50) feet in width and parallel or concentric to the center line. 13 -5. YARD REGULATIONS Page 27 � 13 -5 -1. No building shall be erected closer than fifty (50) • feet to any street, road or highway right-oft-way. No off - street parking or loading space shall be permitted within thirty -five (35) feet to any street, road or highway right -of -way. 13 -5 -2. No portion of any building shall be erected closer than one hundred - .(100) feet to any residential or agricultural district boundary; twenty -five (25) feet for all other districts (except where such boundary is a railroad right -of -way or spur) and no off - street parking or loading space shall be closer than fifty (50) feet to any resi- dential or agricultural district boundary.. Off- street parking shall be provided in accordance with Section 18 -5. 13 -6. HEIGHT REGULATIONS Buildings may be erected up to a height of thirty -five (35) feet. For buildings over thirty -five (35) feet in height, approval shall be obtained from the admini- strator. Chimneys, flues, cooling towers, flag poles, radio and communication towers, or their accessory facilities not normally occupied by workmen are excluded from this limitation. Parapet walls are permitted up to four (4) feet above the limited height of'the building • on which the walls rest. The above motion was unanimously approved by roll call vote. LAND USE PLAN Mr. Berg explained the Land Use Plan to the Members. Upon having no questions, the following motion was made: Upon motion made by Elmer Venskoske and seconded by Langdon Gordon, BE IT FURTHER RESOLVED, That the Planning Commission of Frederick County does hereby recommend approval of the proposed Land Use Plan to the Board of Supervisors. The above motion was unanimously passed by roll call vote. ADJOURNMENT Upon motion made by James Golladay, seconded by Elmer Venskoske '• and unanimously approved, BE IT RESOLVED, That the Planning Commission of Frederick County does hereby adjourn. Page 28. • • • Respectfully submitted, H. Ronald Berg, Secretary Page 29 X09