Frederick County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
§ 165-201.01 Scope.
This Part 201 establishes various regulations controlling the area, bulk, height, location, spacing, density and intensity of the various allowed uses, structures and lots.
§ 165-201.02 Setback requirements.
A.
No structure shall be placed in the front, side or rear yard setback areas specified by this chapter.
B.
The setback for structures is measured from the lot lines of the lots containing the structure. When a lot is adjacent to a road or street right-of-way, the setback shall be measured from the boundary of the right-of-way. Front yard setbacks shall be required wherever a lot abuts a road or street right-of-way. Where a lot abuts a public street or road with a right-of-way width less than would normally be required to create such a road, additional front setback distances may be required to allow for expansion or improvement of that road. In addition, when improvement plans have been adopted for a road or street by the County, additional front setback distances shall be required to allow for the planned road improvement. The additional front setback distances provided on any lot shall be equal to 1/2 of the additional right-of-way width needed to meet the normally required right-of-way width or planned right-of-way width.
C.
Exceptions to front yard setbacks. Where the average front yard setback distance for adjacent lots is less than the minimum required front yard, the Zoning Administrator may allow a front yard setback distance less than normally required on the lot to be developed. In such cases, the front setback distance for the lot to be developed shall be the average of the minimum front setback distances on developed lots on the same street or road within 200 feet of the lot to be developed.
D. 
Corner lots. On a lot with more than one side abutting a street or road, front setback yards shall be provided wherever the lot abuts a street. To determine the location of side and rear boundaries, the front shall be deemed to be the shortest side with frontage on the street or road. The rear boundary, with a required rear yard setback, shall be deemed to be opposite from the front side. All other sides not abutting a street shall be deemed to be side boundaries. The Zoning Administrator may determine that a side other than the shortest is the front in order to ensure that the placement of the setback yards conforms with the placement of structures on surrounding lots. In all cases, a front and rear yard shall be designated.
E.
Accessory uses. Side and rear yard setback distances may be established separately by the district regulations for accessory uses. However, in no case shall the accessory use be placed within the front setback yard required for the primary use on the lot.
F.
Extensions into setback yards. The following features may extend into setback yards as described:
(1)
Air conditioners and similar equipment. Air conditioners, heat pumps and similar mechanical equipment that are attached to the primary structure may extend three feet into any side or rear yard area but shall not be closer than five feet to any lot line.
(2)
Architectural and structural features. Cornices, canopies, awnings, eaves, gutters or other similar overhanging features which are at least eight feet above the grade may extend three feet into any required yard setback area. Chimneys, sills, headers, belt courses and similar structural features may extend three feet into required yard setback areas.
(3)
Porches and related features. In the RA and MH1 Zoning Districts, balconies, porches, stoops, decks, bay windows, steps and stairways which comprise less than 1/3 of the length of the wall of the primary structure may extend three feet into a required setback yard. In no case shall such features be closer than five feet to a lot line.
[Amended 1-23-2013; 1-13-2016]
(4)
Retail petroleum pumps. Retail petroleum pumps and canopy supports shall be located at least 20 feet from any road right-of-way boundary. The canopies covering the petroleum pumps shall be no closer than five feet to any road right-of-way.
(5)
(Reserved)[1]
[1]
Editor's Note: Former Subsection F(5), concerning decks attached to townhouses and weak-link townhouses, added 8-9-1995, was repealed 1-23-2013. See now the dimensional requirements in § 165-402.09H.
(6)
Storage sheds which are attached to townhouses that can only be accessed through an outer entrance and do not exceed 1/4 the width of the dwelling unit may extend 10 feet into a rear or perimeter setback area or the active portion of a required buffer area.
[Added 8-9-1995; amended 1-23-2013]
(7)
Protective entrance canopies. Protective entrance canopies and support columns which are attached to the primary structure may extend into the front yard setback areas for the following uses: funeral homes, schools, churches and places of worship, day-care facilities and libraries. The purpose of such canopies is to provide protection to patrons from the elements of weather as the patron enters or exits the structure. In no case shall the canopy or its structure be located closer than 20 feet from a road right-of-way boundary.
[Added 4-12-1999; amended 7-10-2024]
(8)
Handicap-accessible ramps. An unroofed handicap-accessible ramp shall be permitted to encroach into a required yard when there are no other reasonable alternatives for the location of such ramp on the property or other means of ingress/egress into or from the residence as determined by the Frederick County Zoning Administrator.
[Added 3-12-2008]
G.
Fences, freestanding walls and berms shall be exempt from the setback requirements.
[Amended 6-9-1993]
H.
Structural location survey requirements. The following survey requirements shall be complete for applicable primary and accessory structures within all zoning districts as described:
[Added 4-24-1996[2]]
(1)
A surveyor licensed in the Commonwealth of Virginia shall establish the location of any primary structure that is located five feet or less from any minimum setback requirement.
(2)
A surveyor licensed in the Commonwealth of Virginia shall establish the location of any accessory structure occupying an area of 500 square feet or greater that is located five feet or less from any minimum setback requirement.
(3)
Information verifying the footing location stakeout shall be provided on the appropriate building permit setback report prior to the approval of the footing for the primary or accessory structure. The surveyor of record shall complete the required information on the building permit setback report and affix his or her professional seal containing the appropriate signature and date. The building permit setback report containing the required footing location stakeout surveyor information shall be posted on the construction site with the building permit hard card at the time of the footing inspection.
(4)
A midconstruction survey shall be prepared by the surveyor of record once the rough framing of the primary or accessory structure is in place. Rough framing shall include the foundation, all exterior walls and the roof system. The surveyor of record shall complete the required information on the building permit setback report and affix his or her professional seal containing the appropriate signature and date. The building permit setback report containing the required midconstruction surveyor information shall be provided to the Department of Engineering and Inspections prior to the issuance of a certificate of occupancy permit by the Building Official.
[2]
Editor's Note: This ordinance also provided that it shall take effect 7-1-1996.
§ 165-201.03 Height limitations; exceptions.
[Amended 4-10-1991]
A.
No structure shall exceed the height limitations described in this chapter.
B.
Exceptions to height requirements.
(1)
The maximum height requirements shall not apply to the following:
(a)
Barns and silos.
(b)
Belfries.
(c)
Bulkheads.
(d)
Chimneys.
(e)
Spires and towers associated with churches and places of worship.
[Amended 7-10-2024]
(f)
Flagpoles.
(h)
Domes and skylights.
(i)
Masts and aerials.
(j)
Radio and television transmission towers and commercial telecommunication facilities.
[Amended 4-9-1997]
(k)
Smokestacks and cooling towers.
(l)
Utility poles and towers.
(m)
Water tanks.
(n)
Windmills.
(2)
Parapet walls may be up to four feet above the height of the building on which the walls rest.
(3)
Solar collectors, air conditioners and other mechanical equipment may exceed the height limitations if they are screened from the public view of surrounding properties and rights-of-way.
(4)
Automated storage facilities in the TM, M1 and M2 Zoning Districts and automated manufacturing facilities in the M1 and M2 Zoning Districts shall be exempt from the maximum height requirement. Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height of these facilities exceed 100 feet in height unless waived by the Board of Supervisors in accordance with § 165-601.02.
[Amended 11-18-2009; 11-13-2013; 3-8-2023]
(5)
All of the above exceptions shall be allowed only if they accomplish the purpose for which they are intended, if they are not intended for human occupancy and if they do not infringe on the solar access of surrounding properties.
(6)
General office buildings in the B2 and B3 Zoning Districts and hotel and motel buildings in the B2 Zoning District shall be exempt from the maximum height requirement of those zoning districts. In no case shall the height of such buildings exceed 60 feet. When such exemptions are proposed adjacent to existing residential uses, the Board of Supervisors shall review the site development plan pursuant to the provisions of § 165-203.02A(3).
[Added 3-8-2000[2]; amended 9-26-2012]
[2]
Editor's Note: This ordinance also provided for the renumbering of former Subsection B(6) as Subsection B(7).
(7)
Buildings used for schools without residential components may exceed the maximum height of the underlying zoning district. The only portions of buildings used for schools without residential components that may exceed the height in the underlying zoning district are those which are accessory and inconsequential to the primary function of the building. In no case shall any portion of the building exceed 75 feet in height.
[Added 6-11-2003[3]]
[3]
Editor's Note: This ordinance also provided for the renumbering of former Subsection B(7) as Subsection B(8).
(8)
If any of the above exceptions exceed the height limitation of the proposed zoning district, the structure shall be required to be set back the normal setback or required buffer distance plus one foot for every foot over the maximum allowed height of that zoning district.
[Added 6-9-1993; amended 3-8-2000]
(9)
In the B3 (Industrial Transition) Zoning District, uses may exceed the height limitation so long as all front, side and rear setbacks conform to the setback requirements for the M1 (Light Industrial) Zoning District. In no case shall any structure in the B3 Zoning District exceed 45 feet in height.
[Added 11-12-2008]
§ 165-201.04 Lot requirements.
A.
All lots created shall conform with the size and dimensional requirements established by this chapter.
B.
Number of dwellings on a lot. Except where specifically allowed by this chapter, no more than one dwelling shall be allowed on a lot. A separate entrance, together with separate equipment, including a sink, stove or other kitchen or sanitary facilities, shall be prima facie evidence that separate occupancy exists and that a separate dwelling exists.
§ 165-201.05 Secondary or accessory uses.
[Amended 8-9-1990; 6-9-1993; 12-10-2008]
When permitted secondary or accessory uses that are normally or typically found in association with the allowed primary use shall be allowed on the same parcel or lot as the primary use, secondary uses shall meet the requirements of this section as well as any particular standard imposed on such use.
A.
Agricultural accessory uses. The selling or processing of agricultural products produced on the premises shall be considered to be accessory to an agricultural use. On bona fide, operating farms, temporary or permanent housing for workers actively working on the farm shall be an allowed accessory use.
B.
Accessory dwellings. One accessory dwelling shall be allowed with any single-family dwelling as long as the following conditions are met:
(1)
The floor area of the accessory dwelling shall be no more than 25% of the gross floor area of the primary residential structure on the lot or a minimum of 500 square feet, whichever is greater.
[Amended 4-24-2024]
(2)
In the RP Residential Performance, MH1 Mobile Home Community and R4 Residential Planned Community Districts, accessory dwellings shall only be allowed if they are attached to the primary residential structure.
(3)
In no case shall a mobile home be allowed as an accessory dwelling in the RP Residential Performance District, R4 Residential Planned Community District and R5 Residential Recreational Community District.
C.
Dwellings in a business. One accessory dwelling shall be allowed with any business or industrial use only so long as it is occupied by the owner of the business or industry, an employee or a watchman.
D.
Child day-care services. Child day-care services and facilities shall be allowed in the M1 Light Industrial District as an accessory or secondary use to any allowed use or group of allowed uses in an industrial park.
[Amended 9-23-2009]
E.
In no case shall a mobile home or temporary trailer be allowed as an accessory use, unless it is used for temporary or permanent housing on a bona fide, operating farm.
F.
Secondary or accessory uses shall be permitted by right in the B1, B2, B3, TM, M1 and M2 Districts, but only in conjunction with and secondary to a permitted principal use. The square footage or area occupied by secondary uses cumulatively shall not exceed 25% of the gross floor area of the related principal use. In the B3, TM, M1 and M2 Districts, no more than 15% of the gross floor area of the principal use may be used for accessory retail sales, and in no case shall the accessory retailing component exceed 2,000 square feet. The square footage devoted to accessory retail sales shall be included in calculating the limit of 25% on secondary uses.[1]
[Amended 9-23-2009; 3-8-2023]
[1]
Editor's Note: Former Subsection G, Secondary uses in the OM, M1 and M2 Districts, which immediately followed this subsection, was repealed 9-23-2009.
§ 165-201.06 Signs.
[Amended 6-9-1993; 9-12-2001; 12-14-2005; 2-13-2008; 11-10-2010; 5-10-2023]
A.
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 section is to regulate all signs within the 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:
(1)
Setting standards and providing uniform, scientifically based controls that permit reasonable use of signs and preserve the character of Frederick County.
(2)
Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to pedestrians and motorists.
(3)
Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion.
(4)
Establishing a process for the review and approval of sign permit applications.
B.
Any sign erected, altered, or maintained after the effective date of this section must 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:
(b)
Signs allowed in all districts. The following signs are allowed without a sign permit and will not be included in the determination of the type, number, or area of permanent signs allowed within a zoning district, provided such signs comply with the regulations in this section, if any:
(2)
General regulations of all signs.
(a)
Sign location. All freestanding signs must be set back at least 10 feet from lot lines or property boundary lines. Signs that are attached to buildings must meet the required setbacks for that building.
(b)
Sign spacing. The minimum distance separating signs is 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 must 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 are neither to be visible from any street right-of-way, nor cause glare hazardous or distracting to pedestrians, vehicle drivers, or adjacent properties.
[b]
Flashing, revolving, scrolling or intermittent light visible from any property line or street is prohibited.
[c]
For electronic signs, when operating, displays must be static for a minimum of 15 seconds, and must not be animated by scrolling, flashing or other similar nonstatic displays.
[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.
(d)
Maintenance. All signs must be maintained in a state of good repair. Signs that are damaged, structurally unsound or poorly maintained must 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 will be considered to be abandoned and must be removed within 30 days.
(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 subsection will not be included in the determination of the type, number, or area of signs allowed on a property.
[1]
Size. Temporary signs may not exceed five feet in height and 50 square feet (SF).
[2]
Location. Temporary signs should comply with required setbacks as stipulated above and should not be placed in the public rights-of-way.
[3]
Permission. The party posting the temporary sign is solely responsible for obtaining permission of the property owner before posting their temporary sign.
(b)
Monument signs.
[1]
Number. One monument sign is permitted for all properties.
[2]
Height. Other than the RA (Rural Areas) Zoning District, all monument signs located in other zoning districts will be permitted to establish a maximum sign height reflective of the roadway which the site's entrance is located on, as such:
[a]
Sign height will be measured from the grade level of the adjacent street to which the land upon the sign is located.
[b]
Signs along arterial roads must not exceed 25 feet in height.
[c]
Signs along collector roads must not exceed 15 feet in height.
[d]
Signs along all other roads must not exceed 12 feet in height.
[e]
In developments utilizing a multi-tenant complex sign, all other signs should not exceed 12 feet in height.
[3]
Size. Other than the RA (Rural Areas) Zoning District, all monument signs located in zoning districts will be permitted to establish a maximum sign area reflective of the adjacent roadways' classification, as such:
[a]
Signs along arterial roadways must not exceed 150 square feet.
[b]
Signs along collector roadways must not exceed 100 square feet.
[c]
Signs along other roads must not exceed 50 square feet.
[d]
In development utilizing a multi-tenant complex sign, on-site monument signs must not exceed 50 square feet.
[4]
Illumination. All monument sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
(c)
Multi-tenant complex signs.
[2]
Height. Multi-tenant complex signs shall not exceed the following maximum sign heights, based on the roadway on which the site's entrance is located:
[3]
Size. Multi-tenant complex signs located in zoning districts other than the RA (Rural Areas) Zoning District shall not exceed the following maximum sign area, based on the adjacent roadway's classification on which the site's entrance is located, as such:
[4]
Illumination. All multi-tenant sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
(d)
Wall-mounted signs.
[1]
Height. Wall-mounted signs must 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) are allowed wall-mounted signs with a maximum height not to exceed the maximum height requirement of § 165-201.03B(6).
[2]
Size. Wall-mounted business signs shall be permitted 1 1/2 square feet of sign area for each linear foot of building frontage or 25 square feet, whichever is greater, provided that the total area of any one wall-mounted business sign or signs does not exceed 200 square feet. In situations where there is more than one building user, such as in the diagram below, each user shall be permitted a sign area proportionate to their frontage using the above calculation.
 |
[3]
Location. Wall-mounted signs may be located on any wall face.
[4]
Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
(e)
Electronic signs.
[1]
Number. A monument sign may include an electronic sign as a component of the sign, provided that, if a property is allowed more than one sign, no more than one of its signs may include an electronic sign.
[2]
Height. Electronic signs must comply with the height requirements for monument signs.
[3]
Size. Electronic signs must comply with the size requirements for monument signs.
[4]
Location. Electronic signs must comply with the location requirements for monument signs.
[5]
Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
(f)
Off-premises signs. In all zoning districts only monument signs and multi-tenant complex signs will be allowed off-premises. No other type of off-premises sign is allowed. Such signs will 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:
[1]
Appropriate separation must 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.
[2]
Off-premises signs must be limited to a size, scale and height that does not detract from surrounding properties and uses, and in no case may exceed the size and height regulations set forth in § 165-201.06 for signs.
[3]
Off-premises signs must be properly separated from each other to avoid clutter along road corridors, and in no case may be less than the regulations set forth in § 165-201.06B(2)(b).
(g)
All other signs. All other sign types (i.e., signs permitted in all districts) not specified above must not exceed five feet in height and four square feet in sign area and must be pole mounted.
(4)
Specific sign regulations by zoning district.
Table 1: Sign Types Permitted by Zoning District | |||
|---|---|---|---|
Sign Type | RA District | RP, R4 and R5 Districts | Business and Industrial Districts |
Temporary signs* | X | X | X |
Monument signs | X | X | X |
Multi-tenant complex signs | X | ||
Wall-mounted signs | X | X | X |
Electronic message signs | X | X | X |
Off-premises signs** | X | X | X |
NOTES: | |
* | Temporary signs do not require a sign permit, and may be displayed up to 30 consecutive days, two times per year. |
** | Off-premises signs require a conditional use permit. |
(a)
RA (Rural Areas) District. For parcels in the RA District with an allowed by-right use (excluding residences) or an approved conditional use permit (CUP) the maximum size and number of signs that the owner or owners of the property may erect and maintain at the entrances to the property are subject to the following requirements:
[1]
Signs in the RA District may be pole-mounted, hanging or monument style signs.
[2]
Number. One sign is permitted per parcel.
[3]
Height. Signs in the RA District must not exceed eight feet in height.
[Amended 1-24-2024]
[4]
Size. Signs in the RA District must not exceed 50 square feet in sign area.
[5]
Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
(b)
RA (Rural Areas), RP (Residential Performance), MH1 (Mobile Home Community District), R4 (Residential Planned Community) and R5 (Residential Recreational Community) Districts.
[1]
Other than subdivision identification signs permitted at the development entrance, the only other signs permitted are as provided in Subsection B(3)(g) above. For residential developments 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 are subject to the following requirements:
[a]
Subdivision identification signs must be monument style signs.
[b]
Number. One subdivision identification sign per entrance.
[c]
Height. Subdivision identification signs must not exceed eight feet in height.
[d]
Size. Subdivision identification signs must not exceed 32 square feet in sign area.
[e]
Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
[2]
In areas with an approved conditional use permit for cottage occupations, for each lot or parcel containing a residence, one sign, in addition to any other sign permitted for the lot or parcel, not to exceed five feet in height nor four square feet in area, such as a cottage occupation sign, is allowed. Signs may be pole-mounted, hanging or monument style signs. Illumination of such signs is prohibited.
[3]
For parcels in the RP, MH1, R4 and R5 Districts with an allowed by-right use (excluding residences) or an approved conditional use permit (CUP) the maximum size and number of signs that the owner or owners of the property may erect and maintain at the entrances to the property are subject to the following requirements:
[a]
Signs in the RP, MH1, R4 and R5 Districts must be monument style signs.
[b]
Number. One sign is permitted per parcel.
[c]
Height. Signs in the RP, MH1, R4 and R5 Districts must not exceed four feet in height.
[d]
Size. Signs in RP, MH1, R4 and R5 Districts must not exceed 25 square feet in sign area.
[e]
Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
§ 165-201.07 Outdoor lighting standards.
[Added 8-12-2009]
The purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts of glare, light trespass and overlighting; promote safety and security; and encourage energy conservation.
A.
Applicability and general provisions. Except as provided in Subsection F of this section, these standards shall apply to the installation of new outdoor lighting fixtures or the replacement of existing fixtures. Replacement of a fixture shall mean a change of fixture type or change to the mounting height or location of the fixture. Routine lighting fixture maintenance, such as changing lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar components, shall not constitute replacement and shall be permitted, provided such changes do not result in a higher footcandle output.
B.
General outdoor lighting standards.
(1)
All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained to shield adjacent properties and to not produce glare onto adjacent properties or road rights-of-way. Parking lot fixtures and light fixtures on buildings shall be full-cutoff fixtures. Within residential developments, the Zoning Administrator may approve alternate parking lot fixtures so long as the intent of this section is met.
(2)
Flashing, revolving, or intermittent exterior lighting visible from any property line or street shall be prohibited. Directional fixtures for advertisement purposes, such as but not limited to high-intensity beams, lasers or strobe lights, shall be prohibited. When permitted, directional fixtures shall be installed or aimed so that they do not shine skyward and to ensure that the light source is not visible from adjacent properties or road rights-of-way.
(3)
Light fixtures, including mounting base, shall not be more than 25 feet in height above finished grade. On land in the M1 (Light Industrial), M2 (Industrial General), EM (Extractive Manufacturing) and TM (Technology-Manufacturing) Zoning Districts that is contained within an approved master development plan, the Zoning Administrator may allow light fixtures to exceed 25 feet in height if additional security is required, provided that the site is not adjacent to property used for residential or agricultural uses. In no case shall light fixtures in the M1, M2, EM and TM Districts exceed 45 feet in height.
[Amended 3-8-2023]
(4)
Light fixtures shall be placed outside of the paved areas of a site. Lighting fixtures shall be placed within landscaped islands or in the perimeter green space of the site. The Zoning Administrator may allow light fixtures to be placed in alternative locations for uses such as motor vehicle display areas or storage areas so long as the intent of this section is met.
(5)
Building-mounted or wall-pack lighting fixtures shall not be mounted more than 25 feet above the finished grade of the building. These fixtures shall be shielded (full-cutoff) so that the light source is not visible from adjacent properties or road rights-of-way. Non-cutoff wall-pack lighting fixtures shall not be permitted.
(6)
All lighting shall be oriented not to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets.
(7)
Lighting used to illuminate flags, statues, signs or any other objects mounted on a pole, pedestal or platform, spotlighting or floodlighting used for architectural or landscape purposes shall consist of full-cutoff or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the object intended to be illuminated. Directional control shields shall be used where necessary to limit stray light and to ensure that no light source is visible from or causes glare on adjacent properties or road rights-of-way.
C.
Photometric plan requirements.
(1)
A photometric lighting plan shall be submitted and approved in conjunction with any site plan required by Article VIII or subdivision design plan as required by Chapter 144 of the Frederick County Code. A photometric plan submitted with site plans shall be current (less than 60 days old) and must be certified by the National Council on Qualifications for the Lighting Professions (NCQLP), or a Virginia licensed professional engineer, architect, landscape architect or land surveyor.
(2)
All such required plans shall include the following:
(a)
Plans indicating the location on the premises of all lighting fixtures, both proposed and already existing on the site, including a schematic layout of proposed outdoor lighting fixture locations that demonstrate adequate intensities and uniformity, and the light coverage resulting from the proposed lighting layout.
(b)
Description of all lighting fixtures, both proposed and existing, which shall include but are not limited to catalog cuts and illustrations by manufacturers that describe the equipment, including lamp types, wattage and initial lumen outputs, glare-control devices, lamps, proposed placement of all fixtures, including engineering detail of fixtures, manufacturer, model and installation of same.
(c)
Photometric data, such as that furnished by manufacturers or similar, showing the angle cut-off light emissions and glare-control devices.
(d)
Mounting height of all fixtures.
D.
Outdoor lighting standards for nonresidential uses.
(1)
The average maintained lighting levels for nonresidential uses shall not exceed the following standards, unless a lower limit is set forth in this subsection:
(a)
Five footcandles for parking lots and loading areas.
(b)
Ten footcandles along fronts of buildings and along main drive aisles.
(c)
Twenty footcandles for high-security areas, such as, but not limited to, automated teller machines (ATMs), motor vehicle display areas and vehicle fuel station canopies, but not including parking lots.
(2)
Light fixtures under fuel station canopies or any other canopy shall consist of full-cutoff lighting fixtures where the light source is either completely flush or recessed within the underside of the canopy. The portions of the canopy not included in the sign area shall not be illuminated. All canopy lighting shall be recessed sufficiently so as to ensure that no light source is visible from or causes glare on adjacent properties or road rights-of-way.
(3)
Lighting levels shall not exceed 0.2 footcandle at any common property line with property zoned, used as or planned for residential or agricultural uses. In addition, all light poles shall be equipped with supplemental opaque shielding on the residential property side of the lighting fixture to reduce glare caused by direct light source exposure.
(4)
Lighting levels shall not exceed 5.0 footcandles at any common property line with property zoned or used for commercial or industrial uses, and at any edge of a property line adjacent to a road right-of-way.
E.
Outdoor lighting standards for multifamily uses and residential parking lots.
(1)
The average maintained lighting levels for multifamily developments shall not exceed 0.5 footcandle at property line boundaries, except as follows:
F.
Lighting standards for recreational facilities in all zoning districts.
(1)
Lighted recreational facilities shall conform to the requirements set forth in the most current editions of the Illuminating Engineering Society of North America (IESNA) RP-6 Recommended Practice for Sports and Recreational Area Lighting and the IESNA Lighting Handbook. Appropriate lighting criteria shall be selected based on the class of play of the facility and participants as defined by the IESNA.
(2)
No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. except to conclude a specific activity or tournament which is in progress under such illumination prior to 11:00 p.m.
(3)
Lighting fixtures shall be installed to meet the criteria of a cutoff fixture and shall include internal and/or external glare-control louvers.
(4)
Initial lighting levels shall not exceed the target levels specified by the IESNA by more than 30% to account for light loss factors such as lamp lumen depreciation and luminaire dirt depreciation.
(5)
All light fixtures/light poles shall be set back a minimum of one foot for every foot in height from any residential or agricultural property line or road right-of-way.
G.
Exemptions from Lighting Ordinance. The following lighting is exempt from the provisions of this section:
(1)
Lighting fixtures and standards required by the Federal Communications Commission, Federal Aviation Administration, Federal and State Occupational Safety and Health Administrations, or other federal or state agencies, to include street lights within a public or private right-of-way.
(2)
Outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia Department of Transportation or other emergency response agencies to perform emergency or construction repair work, or to perform nighttime road construction on major thoroughfares.
(3)
Lighting located on properties developed with residential uses (unless regulated by Subsection E) or agricultural uses, including but not limited to residential security lighting controlled and activated by motion sensors or timing devices.
(4)
Lighting for holiday decorative purposes located on property used for residential purposes.
(5)
Lighting for civic activities, fairs or carnivals, provided that the lighting is temporary.
§ 165-201.08 Protection of environmental features.
[Amended 12-11-1991; 8-9-2000; 7-11-2001; 4-23-2003]
In order to protect those areas of a parcel which have environmental characteristics that make them unsuitable for development, certain portions of a development shall remain undisturbed or be protected. It is the intention of this section that the disturbance of such areas by the development process be limited. It is also the intention of this section that the large portions of the areas with such environmental characteristics be placed in open space, environmental easements, the portion of the parcel left undivided or other areas where they will remain undisturbed. It is intended that the environmental conditions on a property be reviewed as the first step in the planning process before lots or dwellings are located.
A.
The requirements of this section shall apply to land in the following zoning districts:
[Amended 12-10-2008; 3-8-2023]
RP | Residential Performance District | |
R4 | Residential Planned Community District | |
R5 | Residential Recreational Community District | |
MH1 | Mobile Home Community District | |
B1 | Neighborhood Business District | |
B2 | Business General District | |
B3 | Industrial Transition District | |
TM | Technology-Manufacturing District | |
M1 | Light Industrial District | |
M2 | Industrial General District | |
HE | Higher Education District | |
RA | Rural Areas District | |
MS | Medical Support District |
B.
All developments which require a rezoning, master development plan, subdivision design plan, site plan, or preliminary sketch plan shall preserve the following environmental features as described:
[Amended 3-14-2012]
(1)
Floodplains. Disturbance of floodplains is only permitted in accordance with the requirements of Article VII, Part 702, FP Floodplain Districts.
(2)
Lakes and ponds. Lakes, ponds and impoundments shall remain undisturbed. The Administrator may allow the removal of a lake, pond or impoundment if it serves no useful retention, environmental, or recreational purposes.
(3)
Wetlands, natural waterways, and riparian buffers. Disturbance of wetlands is only permitted in accordance with the requirements of the United States Army Corps of Engineers or other qualified state or federal agency. The disturbance of natural waterways and riparian buffers is prohibited, except when necessary for, and only in conformance with Part 702, the following:
(a)
Public or private utilities;
(b)
Public facilities, access to a property or roads (only perpendicular riparian buffer crossings shall be permitted);
(c)
Riparian buffer restoration or enhancement projects;
(d)
Creation of wetlands;
(e)
Pedestrian, recreational and/or bicycle trails; and
(f)
The Zoning Administrator may allow for the disturbance of riparian buffers for the creation of park areas or for stormwater management purposes.
(4)
Sinkholes. No disturbance of sinkholes is allowed other than filling with nonpolluting natural materials that will not contribute to groundwater pollution.
(5)
Natural stormwater retention areas. No more than 10% of natural stormwater retention areas on a site shall be disturbed. Natural stormwater retention areas may be replaced with the approval of the Administrator by artificial stormwater facilities if the total storage capacity of the site, as well as within each drainageway, is maintained. Natural stormwater retention areas which are floodplains, wetlands, lakes or ponds shall not be disturbed or replaced.
(6)
Steep slopes. No more than 25% of steep slopes, as defined, shall be disturbed or regraded. The Zoning Administrator, through a written request made at time of site plan or subdivision design plan, may allow the disturbance of additional small areas where that disturbance will not significantly denigrate the overall environmental quality of the site.
[Amended 9-26-2012; 5-25-2022]
C.
In residential developments, the areas of undisturbed environmental features described in § 165-201.08B shall be located in areas of open space. However, the Zoning Administrator may allow undisturbed areas to be included in the required setback and yard areas on residential lots when the extent, location, and disturbance of environmental areas make it impractical to place the undisturbed areas in common open space. In such circumstances, environmental easements, deeds of dedication, final subdivision plats, or other legal instruments approved by the Zoning Administrator shall be required to specify the restrictions to be placed on the environmental areas.
[Amended 9-26-2012]
D.
In rural preservation subdivisions, the environmental features described in § 165-201.08B, along with agricultural or locally significant soils, shall be placed within the forty-percent parcel, without undue detriment to other principles of quality subdivision design or significant loss of density, as determined by the Zoning Administrator.
E.
In commercial and industrial developments, the areas of undisturbed environmental features described in § 165-201.08B, shall be located in areas of open space, environmental easements, deeds of dedication, final subdivision plats, or other legal instruments approved by the Zoning Administrator which specify the restrictions to be placed on the environmental areas.
§ 165-201.09 Stormwater management.
A.
Basic requirements. All development in Frederick County shall meet the requirements of Chapter 79, Erosion and Sediment Control, of the Frederick County Code.
B.
Runoff rates. In addition, all developments requiring site plan approval shall limit the rate of stormwater runoff so that no greater rate of runoff from the site is permitted than that occurring prior to development for storms with a two-, ten- and twenty-five-year frequency.
C.
Stormwater conveyance. Storm drainage conveyance systems for developments requiring site plan approval shall be designed to convey a storm with a ten-year frequency without surcharging inlets. Conveyance systems for such developments shall be designed to convey a storm with a one-hundred-year frequency within a controlled spillway.
D.
Stormwater storage. Where necessary, a stormwater storage system shall be provided to accommodate a postdevelopment storm with a twenty-five-year, twenty-four-hour frequency, to be released at a rate not to exceed the predevelopment discharge for a storm with a ten-year, twenty-four-hour frequency.
E.
Natural drainageways. In developments requiring site plan approval, natural drainageways shall be used whenever possible to carry stormwater runoff.
F.
Drainage easements. Whenever a development requiring site plan approval is traversed by a watercourse, drainageway, channel or stream, a drainage easement shall be provided. Such easement shall substantially follow the line of such drainageway and shall be of sufficient width to preserve the natural drainage. A deed of dedication shall be submitted to the Zoning Administrator for such drainage easements describing the manner in which drainage is to be protected.
G.
Sinkhole protection. Stormwater from developments shall not be discharged into sinkholes. Sinkholes capable of absorbing substantial amounts of stormwater shall be protected by diverting runoff from the sinkhole.
§ 165-201.10 Outdoor storage and processing.
[Amended 11-12-2014]
The outdoor storage or processing of products, equipment or raw materials is allowed in the business and industrial districts or in association with business uses allowed in any other zoning district only if the outdoor storage is directly associated with the primary uses of the property.
A.
In such cases, the outdoor storage or processing shall be completely screened from the view of road and street right-of-way and from surrounding properties by a six-foot-tall opaque fence, wall, berm or evergreen screen.
[Amended 10-13-2021]
(1)
When an outdoor storage area adjoins a property also utilized for outdoor storage, screening shall not be required for their common property lines.
(a)
Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements when the adjoining properties are in the B-2 (General Business), B-3 (Industrial Transition), M-1 (Light Industrial), M-2 (Industrial General), TM (Technology-Manufacturing), EM (Extractive Manufacturing), MS (Medical Support) Districts, or other zoning districts where the proposed use is also allowed.
[Amended 3-8-2023]
(b)
Chain-link fencing with slats shall consist of double-walled winged slats; or equivalent if approved by the Zoning Administrator.
(c)
Chain-link fencing with slats shall only utilize the following colors: dark green, brown, black, or tan. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited.
(d)
Chain-link fencing with slats shall not be permitted to be used as a screen along primary, arterial, or collector roadways.
B.
Outdoor storage surface areas shall consist of asphalt, concrete, stone, gravel or any other impervious surface approved by the Zoning Administrator.
C.
Such outdoor storage and processing shall not be permitted in any required front setback yard.
D.
The Zoning Administrator may require that the storage of hazardous materials or any materials which may contribute to contaminated runoff be fully enclosed. Where such materials are stored outdoors, they shall be contained within an impervious structure designed to contain spillage or contaminated runoff.
E.
The display of vehicles for sale by a vehicle dealer or nursery stock by a commercial nursery, along with other products for sale that are normally displayed outdoors, shall be exempt from the above requirements.
F.
Agricultural and forestry operations shall be exempted from the above requirements.
G.
Such requirements shall not apply to motor vehicle parking and loading areas.
H.
Landscaping shall not be required for impervious areas designated for outdoor storage.
§ 165-201.11 Property owners' associations.
A.
Intent.
(1)
The intent of this section is to provide for the joint ownership, maintenance and use of common elements not dedicated for public use, required under the provisions of this Chapter. Required open space, recreational facilities and other common elements shall be dedicated to a property owners' association or to Frederick County. Open space, recreational facilities and common elements shall only be dedicated to Frederick County with the approval of the Board of Supervisors. The property owners' association shall be solely financially responsible for its own operations, including maintenance of all required common elements noted on the final approved master development plan or final subdivision plat.
(2)
It is intended that all required common areas and facilities or improvements shall be a size and nature that constitute economically sound increments of development and that such areas and facilities be perpetuated and maintained by a property owners' organization or corporation. The intent is for the developer to provide for an organization or corporation consisting of all subdivision lot owners holding subdivision interests in the development.
B.
Establishing the property owners' organization.
(1)
All private areas, easements, improvements or facilities shall be the sole responsibility of the developer or owner. If units are to be sold or are ever sold on an individual basis, all private areas, easements, improvements or facilities shall be conveyed for joint ownership and common use by subsequent property owners if not dedicated for public use approved by the Board of Supervisors.
(2)
Where required.
(a)
The developer shall provide for the establishment of an organization or corporation for the ownership, perpetuation and maintenance of all private elements in developments or subdivisions in the following zoning districts:
RP | Residential Performance District | |
R4 | Residential Planned Community District | |
R5 | Residential Recreational Community District | |
MH1 | Mobile Home Community District. |
(b)
In addition, such an organization or corporation shall be required for all required common areas or facilities in any shopping center, industrial park or office park, according to the requirements of this section.
(3)
All final contracts between the developer or owner or his agents and all lot purchasers and the final subdivision plat shall include a consumer disclosure statement listing the property owners' association's annual assessments and a copy of the final approved property owners' association bylaws. A deed of dedication shall be provided by the subdivider or developer, with an article of bylaws providing for equal voting rights by all property owners and for election of officers or directors of the required property owners' association.
(4)
All lot owners, including the developer, shall be assessed on an equal basis for the perpetuation and maintenance of required common elements as long as such perpetuation and maintenance is necessary. Such assessments shall be sufficient for the perpetuation and maintenance of all common areas and facilities.
(5)
Such organization or corporation shall be created by covenants and restrictions approved the Director of Planning and Development and County Attorney and shall be composed of all persons having ownership within the boundaries of the development.
[Amended 6-11-2008]
(6)
The developer or the required property owners' organization shall maintain all common elements in a manner so as to ensure the continued usefulness of those elements for their intended use and to ensure the full protection of the health and safety of the users of those elements.
(7)
The Subdivision Administrator shall review each final subdivision plat and deed of dedication to ensure that the requirements of this section are met.
§ 165-201.12 Nuisances.
[Amended 4-9-2025]
Any use of land or structures which creates the following nuisances shall be prohibited. In addition, the following standards shall be met:
A.
Glare. Outdoor lighting shall be arranged to deflect glare away from adjoining properties and public streets. Sources of light on a lot shall be hooded or controlled to prevent glare beyond the lot line. Sources which produce harmful glare or ultraviolet rays, including arc welding or acetylene torches, shall be completely screened from view sufficiently to be imperceptible beyond the lot lines.
B.
Radiation hazards. No use shall be allowed which creates radiation emissions which are hazardous to the health and safety of the general public. No uses shall be allowed which discharge radioactive materials into the atmosphere, soils or bodies of water. All uses handling radioactive materials shall conform with applicable local, state and federal regulations.
C.
Electromagnetic interference. No use shall be allowed which creates electric disturbances which would adversely affect the operation of equipment beyond the lot line of the use.
D.
Vibrations. No use shall be allowed which creates any vibration discernible for three minutes or more in any one hour. In no case shall vibrations exceed a maximum peak particle velocity of 0.05 inch per second.
E.
Fire hazards. No use shall be allowed which does not conform with all applicable fire codes and the Frederick County Code concerning fire hazards and the storage of explosives.
F.
Air pollution. No use shall be allowed which does not conform with the regulations of the Virginia State Air Pollution Control Board concerning the emissions of smoke, particulate matter, odors and other gaseous pollutants.
G.
Water pollution. No use shall be allowed which does not conform with the regulations of the Virginia State Water Control Board and the Virginia Department of Health concerning the discharge of liquid, toxic or other wastes into surface waters or the soil.
H.
Noise. In the B3 Industrial Transition, TM Technology-Manufacturing Park, M1 Light Industrial or M2 Industrial General Zoning District, sound levels at the property line of a development shall not exceed 70 dba (A scale).
§ 165-202.01 Off-street parking; parking lots.
Off-street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights-of-way does not interfere with traffic.
A.
Required parking spaces.
[Amended 2-26-1997; 9-23-2009]
(1)
For certain residential uses, parking requirements are contained in the zoning district regulations. In all other cases, parking spaces shall be provided with each allowed use, on the lot or within the development containing the use, according to the following table:
[Amended 5-25-2022; 7-10-2024]
Use | Required Spaces |
|---|---|
Single-family detached dwellings and mobile homes | 2 per unit |
Single-family attached (townhouse) dwellings | 2.5 per unit |
Churches and places of worship | 1 for each 3 seats |
Schools, elementary or middle/intermediate | No fewer than 1 per faculty and staff member and other full-time employee, plus a minimum of 4 for visitors |
Schools, high | No fewer than 1 per faculty and staff member and other full-time employees; minimum of 4 for visitors; 1 for each 10 students over driving age; 1 for each 4 seats for stadiums and/or auditoriums |
Colleges and universities | No fewer than 1 per faculty and staff member and other full-time employees, plus 1 for every 10 students for maximum capacity at any one time |
Day care | 1 per 5 children plus 1 per employee |
Nursing homes, personal care, adult care residences and assisted living care facilities | 1 per 4 beds, plus 1 per employee on primary shift |
Hospitals | 1.8 per bed |
Libraries, museums or galleries | 1 per 400 square feet of floor area; 10 minimum |
Fraternal lodges, civic clubs and social centers | 1 per 250 square feet of floor area, assembly area or recreation area |
Rooming houses, boardinghouses, tourist homes and bed-and-breakfasts | 2 per single-family dwelling, plus 1 per guest room |
Motels, hotels and lodges | 1 per room, plus appropriate spaces for restaurants and meeting rooms |
Assembly halls and meeting rooms | 1 per 3 seats |
Funeral homes | 1 per 4 seats; 30 minimum |
Commercial cemeteries | 25 minimum |
Movie theaters | 1 per 4 seats |
Indoor recreation | 1 per 200 square feet of floor area |
Golf courses and driving ranges | 3 per hole |
Miniature golf and driving ranges | 2 per tee for the first 36 tees, then 1 per tee |
Campgrounds | 1 per campsite |
Restaurants | 1 per 100 square feet of seating floor area |
Fast-food or drive-in restaurants | 1.4 per 100 square feet of seating floor area |
Retail and personal services | 1 per 200 square feet of retail floor area |
Medical, dental, veterinarian offices and clinics | 1 per 250 square feet of office area |
General offices | 1 per 250 square feet of office floor area |
Banks and banks with drive-in windows | 1 per 400 square feet of floor area |
Shopping centers (small strip-style centers) | 6 per 1,000 square feet of retail floor area for centers with up to 30,000 square feet; 5 per 1,000 square feet of retail floor area for centers between 30,000 square feet and 60,000 square feet |
Shopping centers (non-enclosed); large integrated shopping centers | 4 per 1,000 square feet of retail floor area for centers over 60,000 square feet |
Shopping centers (mall-type centers) | 3.5 per 1,000 square feet of retail floor area for centers with up to 400,000 square feet; 3.8 per 1,000 square feet of retail floor area for centers over 400,000 square feet |
Furniture and carpet stores; retail nurseries; farm equipment and feed sales; boat, mobile home and motor vehicle sales | 1 per 400 square feet of enclosed floor area, plus 1 per 3,000 square feet of out- side display area, plus 2 per service bay |
Automobile service and service stations | 2 per service bay plus required spaces for retail or office areas |
Self-service storage | 3 at the office, plus 1 per employee |
Wholesaling, warehouses, truck terminals and construction storage, manufacturing and other industrial uses | 1.5 per employee, plus any required spaces for office or similar use, plus 1 for each company vehicle and equipment stored outdoors |
Mining uses | 3 per 4 employees |
(2)
Interpretation. When a use is not specifically listed above, the Zoning Administrator shall determine which of the above categories to use to determine the spaces required, based on similarities between the characteristics of the uses. When a use is not specifically listed above, the Zoning Administrator may also use information provided by the applicant or other sources of information to determine the number of spaces required.
(3)
Change in use or expansion. Parking requirements for changes in use and/or an expansion or enlargement of an existing structure and/or use shall be in accordance with the following:
(a)
When there is a change in use (excluding shopping centers) to a use which has the same or lesser parking requirement than the previous use, no additional parking shall be required. When there is a change to a use which has a greater parking requirement than the previous use, the minimum off-street parking requirements in accordance with the provisions of this chapter shall be provided for the new use.
(b)
When an existing structure and/or use is expanded or enlarged, the additional minimum off-street parking requirements in accordance with the provisions of this chapter shall be provided for the area of such expansion or enlargement.
(4)
Procedure for adjustments to parking requirements.
(a)
Generally, the Zoning Administrator may approve a reduction in required parking spaces. Applications for such a reduction shall be submitted to the Zoning Administrator in conjunction with a site plan and include the following:
[Amended 9-26-2012]
[1]
A parking demand analysis which substantiates the basis for a reduced number of parking spaces.
[2]
A plan showing how the parking spaces will be provided on the site.
[3]
An executed covenant guaranteeing that the owner will provide the additional spaces otherwise required, after thorough investigation by the Zoning Administrator of the actual utilization of parking spaces at the building or complex, if the Zoning Administrator decides that the approved reduction be modified or revoked. Said covenant shall:
[a]
Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof;
[b]
Be enforceable by the owner, the parties having beneficial use, and their heirs, successors and assigns, or both;
[c]
Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns, or both: and
[d]
Be recorded in the office of the Clerk of the Circuit Court.
(b)
Parking for mixed uses and loading facilities. In the case of mixed uses (not qualifying as accessory) or two or more buildings upon a single lot or unified parcel or upon contiguous parcels, the total requirements for parking and loading facilities shall be the sum of the requirements of the various uses computed separately. However, cumulative parking requirements for mixed-use occupancies may be reduced where the Zoning Administrator determines that the peak requirement of the several occupancies occurs at different times (either daily or seasonally), and the parking demand can be provided on the premises.
(c)
Captive market. Parking requirements for retail and restaurant uses may be reduced where the Zoning Administrator determines that some portion of the patronage of these businesses comes from other uses (i.e., employees of area offices patronizing restaurants) located within the same building or a maximum walking distance of 400 feet.
(5)
When the calculation of parking spaces results in a fraction of 0.5 or greater, the next greatest whole number shall be used.
(6)
In circumstances when no customer or public entrance or access is located at the side or rear of a structure, no more than 5% of the required spaces shall be located in the rear of buildings for commercial uses such as, but not limited to, shopping centers, restaurants, office or other retail uses.
(7)
When the required spaces are based on a number of employees, students, seats or other factor that can vary over time, the spaces required shall be based on the maximum number of employees, students, and attendees normally present at any one time.
(8)
Parking spaces based on floor area shall be determined based on the gross total floor area devoted to each separate use on the site.
B.
Shared parking. Required parking spaces may be located on a lot other than the lot containing the use under the following circumstances:
(1)
Parking for a use on a lot may be located on an abutting lot if the zoning of the abutting lot is the same as the lot containing the use.
(2)
When shared parking is provided on abutting lots, the total spaces provided shall equal the sum of the number required for each use sharing the parking.
(3)
When shared parking is provided on abutting lots, means of pedestrian access shall be provided between each use sharing the parking and the parking area.
(4)
When shared parking is provided on abutting lots, a lease, easement or other form of agreement shall be executed among the property owners sharing the parking assuring the use of the required parking spaces and assuring proper maintenance of the parking area. Said agreement shall be submitted to the Zoning Administrator for review and approval.
C.
Parking limit for certain commercial vehicles.
[Added 9-23-2009[1]]
(1)
Within the RP Residential Performance District, the R5 Residential Recreational Community District, MH1 Mobile Home Community District, or any residential portion of the R4 (Residential Planned Community) District and the MS (Medical Support) District, the parking of the following types of vehicles shall be prohibited:
(a)
Tractor truck or tractor truck trailer.
(b)
Semitrailer.
(c)
Garbage, refuse or recycling trucks.
(d)
Towing and recovery vehicles.
(e)
Cement trucks.
(f)
Construction equipment (as defined).
(g)
Buses.
(h)
Dump trucks.
(i)
Trucks with a total length of 25 feet or greater.
(j)
Any vehicle with three or more axles.
(k)
Any commercial vehicle as defined in § 165-101.02 of this Code.
(2)
Construction equipment. Construction equipment and construction-related vehicles shall not be parked or stored in any residential community, or residential portion of a planned community, except during the tenure of construction, and only when being used for construction purposes on or proximate to the lot where parked or stored. Valid building and/or site development permits and continuous pursuit of completion of the permitted construction or development shall be required to demonstrate the existence of bona fide construction activity.
(3)
Exceptions. The provisions of this subsection shall not apply to:
[1]
Editor's Note: This ordinance also repealed former Subsection C, Parking space size.
D.
[2]Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements:
[Amended 6-9-1993; 9-12-2001; 5-8-2002; 4-23-2003; 12-10-2008; 9-23-2009]
(1)
Surface materials. In the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the TM Technology-Manufacturing District, the M1 Light Industrial District, the M2 Industrial General District, MS Medical Support District, RA (Rural Areas) District and the HE (Higher Education) District, parking lots shall be paved with concrete, bituminous concrete or similar materials. Such surface materials shall provide a durable, dust- and gravel-free, hard surface.
[Amended 3-8-2023]
(a)
The Zoning Administrator may allow for the use of other hard-surface materials for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. In such cases, parking lots shall be paved with a minimum of double prime-and-seal treatment or an equivalent surface.
(b)
In the RA (Rural Areas) District, parking lots with 10 or fewer spaces shall be permitted to utilize gravel surfaces.
(c)
Reinforced grass systems or other suitable materials may be used for overflow parking areas, low-volume accessways in all zoning districts and for agricultural uses in the RA (Rural Areas) District. Parking areas utilizing these materials shall have defined travel aisles and designated parking bays. These materials shall only be utilized with approval of the Frederick County Zoning Administrator and the Director of Public Works.
[Amended 5-13-2015]
(d)
The Zoning Administrator may approve alternative surface materials for parking lots for parcels located inside of the Sewer and Water Service Area when necessary to implement low-impact development design and where approved by the Director of Public Works; such materials may include but are not limited to permeable paving systems.
[Added 5-13-2015]
(2)
Space demarcation. For single-family attached and multifamily developments, required off-street parking spaces shall be demarcated by four-inch durable white lines painted on the pavement or curb. Any other proposed color and size will require approval of the Zoning Administrator. Full delineation by four-inch-wide lines painted on the pavement the full width of or length of the parking stall or parking spaces shall be required in commercial, office and industrial developments. Where paved parking areas are not required, delineation of parking spaces shall be by the use of individual wheel stops or other acceptable means for each unpaved parking space. Signs and pavement markings shall be utilized, as necessary, to ensure safe traffic movement and pedestrian access and to designate handicapped parking spaces.
(3)
Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of all parking lots. When stormwater drains away from the curb, gutter pans shall not be required for parking areas that abut buildings when sidewalks with turndown curbing are used. All curbing shall be a minimum of six inches in height. All parking lots shall be included within an approved stormwater management plan.
[Amended 11-10-2010]
(a)
In the B3 Industrial Transition District, the TM Technology-Manufacturing District, the M1 Light Industrial District and the M2 Industrial General District, the use of header curb shall be permitted in areas where the use of gutters is not necessary for stormwater management purposes.
[Amended 3-8-2023]
(b)
The Zoning Administrator may allow for the use of concrete bumpers instead of curbing for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance.
(c)
The Zoning Administrator may allow for the elimination of curb and gutter for parcels located inside of the Sewer and Water Service Area when necessary to implement low-impact development design. This shall only be permitted where practices such as bioretention, infiltration trenches, and rain gardens are used and only where it can be demonstrated that soil conditions are favorable, or if an adequate underdrain is included in the design and only when approved by the Director of Public Works.
(4)
Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the TM Technology-Manufacturing District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District and the HE (Higher Education) District. The raised islands shall be bordered by a six-inch concrete or rolled asphalt curb. All islands shall be at least nine feet wide and shall extend the length of the parking space or bay. The islands shall be landscaped with grass, shrubs, or other vegetative materials.
[Amended 3-8-2023]
(a)
The Zoning Administrator may waive the requirement for raised islands for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed.
(b)
The Zoning Administrator may approve modifications to the landscaped islands for parcels located inside of the Sewer and Water Service Area when necessary to implement low-impact development design and where approved by the Director of Public Works.
(5)
Low-impact development. Low-impact development techniques are encouraged by the County and should be incorporated into the design of individual developments when deemed appropriate by the applicant after consultation with appropriate county officials. Low-impact design options such as rain gardens may be used to satisfy the greenspace requirements for parking areas, such as landscaped islands and minimum landscaped area.
(6)
Setbacks. All parking lots, loading spaces and travelways, except for single-family detached and mobile home residential uses, shall be set back as follows:
(a)
At least 10 feet from any street or road right-of-way.
(b)
At least five feet from all other property lines, except in cases where more than one lot shares the parking lot.
(c)
In the M1 (Light Industrial) District and M2 (Industrial General) District, parking lots shall be located no closer than 10 feet to any minor or local street or road right-of-way and no closer than 25 feet to any collector or arterial street or road right-of-way.
(7)
Handicapped spaces. Handicapped parking and building or sidewalk accessibility shall be provided in any parking lot in accordance with the current edition of the Virginia Uniform Statewide Building Code (VUSBC).
(8)
Entrance requirements. In no case shall a parking lot be approved which requires that vehicles back from parking spaces onto public roads. All parking lots shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and the Virginia Department of Transportation. The width of driveways serving the parking lot shall not be less than 20 feet for two-way traffic, 20 feet for fire lanes, and 12 feet for one-way traffic.
[Amended 12-11-2019]
(9)
Parking space size and aisle requirements.
(a)
All parking spaces and aisles shall be provided in accordance with Tables 1.1 and 1.2.
TABLE 1.1 Minimum Off-Street Parking Area Dimensions | |||
|---|---|---|---|
Angle of Parking (degrees) | Width of Stall (feet) | Depth of Stall (feet) | Width of Aisle (feet) |
30 | 9.0 | 20.0 | *12.0/**20.0 |
10.0 | 18.0 | *12.0/**22.0 | |
45 | 9.0 | 20.0 | *15.0/**20.0 |
10.0 | 18.0 | *15.0/**22.0 | |
60 | 9.0 | 20.0 | *18.0/**20.0 |
10.0 | 18.0 | *18.0/**22.0 | |
90 | 9.0 | 20.0 | *22.0/**22.0 |
10.0 | 18.0 | *22.0/**24.0 | |
NOTES: | |
* | One-way |
** | Two-way |
All parking spaces shall be a minimum of 180 square feet in size. | |
TABLE 1.2 Parallel Parking and Aisle Dimensions | |||
|---|---|---|---|
Direction of Traffic | Width of Stall (feet) | Depth of Stall (feet) | Width of Aisle (feet) |
One-way aisle (one-side parking) | 9.0 | 22.0 | 12.0 |
One-way aisle (two-side parking) | 9.0 | 22.0 | 15.0 |
Two-way aisle (two-side parking) | 9.0 | 22.0 | 22.0 |
(b)
For other angles, the aisle width shall be the same as for the nearest angle in the above table.
(10)
The Zoning Administrator may approve alternative parking space size, space demarcation, aisle dimensions and parking islands for areas used for the display or storage of vehicles for sale by a vehicle dealer. Upon a change of use for the property or site, the spaces, demarcation, aisles and islands must be revised to conform to this chapter.
(11)
Obstructions and structures. Parking lots shall be designed to permit each vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle. Utility poles, light standards, trash containers and similar structures shall not be permitted within any aisle or parking space. Any structure located in a parking lot shall be surrounded on all sides abutting spaces or aisles by a six-inch concrete curb. The structure shall be separated from the curb by a distance of three feet.
(12)
Drive-in lanes. Drive-in lanes shall be required for all drive-in or pickup facilities. Drive-in lanes shall be designed to provide for a minimum width of nine feet and a minimum stacking distance of 90 feet. Canopy supports and raised concrete pads designed to support pneumatic tubes, automatic teller machines and other structures shall not be located within the area required for minimum drive-in lane widths. All drive-in lanes shall be clearly separated from parking spaces, travel aisles, maneuvering areas and driveways. The Zoning Administrator may reduce the minimum stacking distance of drive-in lanes for retail uses with less than 150 square feet of floor area if it can be demonstrated that the vehicular frequency for the use does not warrant multiple vehicle stacking.
(13)
Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the TM Technology-Manufacturing District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District, and the HE (Higher Education) District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. In the RA (Rural Areas) District, parking lot landscaping shall not be required for parking lots with 10 or fewer spaces. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows:
[Amended 3-8-2023]
(a)
Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet in excess of the first 100,000 square feet of the entire site. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 165-204.18, Storage facilities, self-service. The perimeter landscaping trees shall be reasonably dispersed throughout the parking lot. A three-foot-high evergreen hedge, fence, berm, or wall shall be provided to prevent headlights from shining on public rights-of-way and adjoining properties. All perimeter landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure, and maintenance.
(b)
Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. All interior landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure, and maintenance.
(14) 
Pedestrian access. Sidewalks shall be provided as necessary within parking lots to protect pedestrians and promote the safe and efficient movement of pedestrians and vehicles. In large parking lots, pedestrian walkways and crosswalks shall be provided, marked by durable painted stripes and appropriate signs.
[2]
Editor's Note: Former Subsection D, regarding parking of tractor trucks, truck trailers and the like, as amended, was repealed 9-23-2009. This ordinance also redesignated former Subsection E as Subsection D.
§ 165-202.02 Loading areas.
[Amended 3-13-2002]
Spaces for the loading and unloading of trucks and vans shall be provided in association with business and industrial uses as follows:
A.
Loading spaces required.
(1)
The number of loading spaces required shall be as follows:
Type of Use | Loading Spaces Required |
|---|---|
Food stores, restaurants and taverns | 1 for first 10,000 square feet of floor area plus 1 for each additional 30,000 square feet |
Retail and personal services | 1 for first 10,000 square of floor area plus 1 for each additional 30,000 square feet |
Hotels and motels, lodges, clubs, fraternal organizations and indoor recreation | 1 for each 20,000 square feet of floor area |
Office buildings | 1 for structures between 30,000 and 100,000 square feet; 1 for each additional 100,000 square feet |
Manufacturing, wholesale, trucking, construction and industrial uses | 1 for each 40,000 square feet of floor area |
Schools, hospitals and nursing homes | 1 for each structure with more than 100,000 square feet of floor area |
(2)
Interpretation.
(a)
When a use is not specifically listed above, the Zoning Administrator shall determine which of the above categories to use to determine the spaces required, based on similarities between the characteristics of the uses. When a use is not specifically listed above, the Zoning Administrator may also use information provided by the applicant or other sources of information to determine the number of spaces required.
(b)
In cases where mixed uses share the same loading area, the loading spaces required shall equal the sum of the spaces required for the various uses. In some cases, different uses will be contained in a single structure or site plan, and in those cases, the spaces required shall equal the sum of the spaces for each use.
B.
Design standards.
(1)
Dimensions. Each required loading space shall be 12 feet wide and 45 feet long. Each loading space shall have a vertical clearance of 14 feet.
(2)
Obstructions and structures. Loading spaces shall be designed to permit loading and unloading without requiring the moving of any parked motor vehicle. Utility poles, light standards, trash containers and similar structures shall not be permitted within loading spaces.
(3)
Access. In no case shall a loading space be approved which requires that a vehicle enter or back directly from loading spaces onto public roads. All loading spaces shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and the Virginia Department of Transportation.
(4)
Surface materials and curb and gutter. Loading areas shall meet the surface material and curb and gutter requirements for one of the following categories:
(a)
Loading areas separated from parking lots. Loading areas that are separated from parking lots shall be paved with concrete, bituminous concrete, or similar materials. Curb and gutter shall not be required when loading areas are separated from parking lots.
(b)
Loading areas that are part of parking lots. Loading areas that are part of parking lots shall be paved with concrete, bituminous concrete, or similar materials. Curb and gutter shall be required for all loading areas that are part of parking lots when curb and gutter is required for the parking lot.
(c)
Loading areas with two or less loading spaces proposed. Loading areas serving uses identified in § 165-202.02A may have a gravel surface if two or less loading spaces are proposed, and if the loading area is separate from the parking lot. Curb and gutter shall be required for loading areas with two or less loading spaces when the loading area is part of the parking lot, and when curb and gutter is required for the parking lot.
(d)
Stormwater management plan and erosion control plan requirements. The Zoning Administrator may require curb and gutter and different surface materials for loading areas when necessary to implement a stormwater management plan or an erosion control plan.
§ 165-202.03 Motor vehicle access.
A.
New driveways.
(1)
Private driveways or entrances shall be allowed to provide access to individual residences or uses. Private driveways or entrances shall also be allowed to provide access to parking lots and loading areas shared by a number of residences or uses.
[Amended 7-10-2013]
(2)
In order to provide safe and convenient access and to provide efficient travel on arterial highways, a minimum spacing shall be provided between new driveways onto and entrances onto collector roads, arterial highways, and primary highways, in the following zoning districts:
[Amended 12-10-2008; 7-10-2013; 3-8-2023]
B1 | Neighborhood Business | |
B2 | Business General | |
B3 | Industrial Transition | |
TM | Technology-Manufacturing | |
M1 | Light Industrial | |
M2 | Industrial General |
(4)
Minimum spacing shall also be provided in all zoning districts between a) new residential driveways onto and commercial entrances onto collector roads, arterial highways, and primary highways, and b) the intersections of other roads with such collector roads, arterial highways, and primary highways. Minimum spacing between driveways/entrances and between driveways/entrances and intersections shall be as follows:
[Amended 7-10-2013]
Minimum Residential Driveway, Full Commercial Entrance and Intersection Spacing on Primary Highways, Arterial Highways, and Collector Roads | ||
|---|---|---|
Road Classification | Minimum Required Spacing (feet) | |
Minor collector | 100 | |
Major collector: | ||
Residential driveway/entrance | 150 | |
Commercial entrances | 250 | |
Primary or arterial: | ||
With posted speed limit 45 mph or less | 250 | |
With posted speed limit more than 45 mph | 495 | |
(5)
In all cases, the spacing distances shall be measured from the tangents to the curb return of the driveways or intersecting streets.[1]
[1]
Editor's Note: Former Subsection A(6), which concerned minimum spacing for access on minor collection roads and which immediately followed this subsection, was repealed 7-10-2013, which ordinance also renumbered former Subsection A(7)(a) as Subsection A(6) and former Subsection A(7)(b) as Subsection A(7).
(6)
Existing access. When a parcel abuts a minor or collector street that intersects with the arterial or primary highway and when the parcel cannot be provided with an entrance onto the arterial or primary highway that meets the spacing requirement, access to the parcel shall be only from the existing entrance on the minor or collector street and new entrances shall not be allowed directly onto the arterial or primary highway.
[Amended 7-10-2013]
(7)
Shared access. When a lot is created on a collector road or arterial or primary highway, shared means of access to the road or highway shall be created by access easement, shared driveway, shared entrance or other means to ensure that the spacing requirements have been met.
[Amended 9-26-2012; 7-10-2013]
(a)
When a lot is divided or developed that can be provided with a driveway/entrance meeting the spacing requirements but that is adjacent to other parcels or lots that will not be able to have entrances meeting the spacing requirements, means of highway access to the adjoining property may be required by the Zoning Administrator on the lot to be divided or developed.
(b)
When a lot is divided or developed that cannot be provided with access meeting the spacing requirements and when means of shared access that meets spacing requirements has been provided on adjoining lots that can be used to provide access to the lot in question, entrances shall not be allowed directly onto the arterial or primary highway from the lot to be divided or developed.
(c)
When a number of lots are divided or developed that have been included together on an approved master development plan, site plan or subdivision plat, shared driveways/entrances shall be provided as required to meet the spacing requirements.
(d)
When shared access is provided to meet the requirements of this section, the Zoning Administrator may require that it be provided in the form of an access easement. The Zoning Administrator may require a deed of dedication describing provisions for joint use and maintenance of that easement. Provisions for shared entrance signs may also be required.
(e)
Shared access easements shall be provided in a manner so that shared driveways are clearly separated from parking areas, loading areas and pedestrian walkways.
(f)
Shared access easements that follow lot lines are preferred.
(8)
New lots. No new lot shall be created on any state-maintained road unless spacing requirements can be met for driveways/entrances on the lot or unless access is provided through shared or existing access.
[Amended 7-10-2013]
(9)
Number of driveways or entrances. No more than one driveway or entrance shall be allowed per parcel unless each driveway/entrance from the parcel separately meets the spacing requirements, relative to each other and relative to any intersections within the minimum required spacing distance in all directions. The Zoning Administrator may permit entrances/driveways that do not meet the minimum spacing requirements if they are utilized solely for emergency access and are not open to the public; such entrances must be gated or chained.
[Amended 7-10-2013]
(10)
Entrances on collector and minor streets. Whenever a parcel abutting an arterial highway also abuts a collector or minor road, in order to obtain an entrance on the arterial road, an entrance must be provided on the collector or minor road. This shall only be required if a safe entrance can be provided on the collector or minor road, meeting all requirements of the Frederick County Code and the Virginia Department of Transportation.
(11)
All driveways and entrances onto state-maintained highways must also meet all requirements of the Virginia Department of Transportation and all other requirements of the Frederick County Code.
[Amended 7-10-2013]
(12)
New driveways and entrances shall align with existing or planned driveways, crossovers, turn lanes or other access features. This shall only be required if the resulting alignment provides safe access and if all requirements of the Frederick County Code and the Virginia Department of Transportation are met.
[Amended 7-10-2013]
(13)
The location of new driveways and entrances shall conform with road improvement plans or corridor plans that have been adopted by Frederick County or the Virginia Department of Transportation.
[Amended 7-10-2013]
(14)
Private roads providing lot access to multifamily and single-family small lot housing, as permitted in § 144-24 of the Subdivision Ordinance, shall be a minimum of 20 feet in width. The pavement design for the private roads shall include eight inches of aggregate base material, Type I, Size No. 21-B, and shall be paved with a 165 No. psy asphalt concrete, Type SM-2A, surface treatment. In addition, curb and gutters, standard curb CG-6, CG-7 or roll-top curb and sidewalks shall be provided along private roads; however, the Zoning Administrator may approve a waiver of sidewalks on private streets, provided that another recreational amenity is substituted for the sidewalk. Additionally, the Zoning Administrator may waive the requirement for curb and gutters and allow alternate pavement design to accommodate low-impact design, provided that the private road design is determined to be acceptable by the Director of Public Works.
[Added 10-27-1999; amended 1-25-2012]
B.
Alternative methods.
(1)
The Zoning Administrator may allow other means of motor vehicle access which do not meet the above requirements. Such means may involve the use of entrances which physically limit or restrict left turns (such as a right-in/right-out only entrance), methods which ensure one-way travel or other methods.
[Amended 9-26-2012; 7-10-2013]
(2)
In such cases, the Zoning Administrator may require a traffic access plan which describes existing traffic, conditions and design on the streets abutting the site and the methods proposed to ensure that the intent of this section has been met.
(3)
Requested alternative methods of motor vehicle access which do not meet the minimum requirements of § 165-202.03 must be approved by VDOT prior to approval by the Zoning Administrator.
[Added 7-10-2013]
C.
Internal circulation. A complete system of internal traffic circulation shall be provided to serve all uses in any shopping center, industrial park or any development included in a single master development plan, site plan or subdivision plat approved by Frederick County. In such developments, internal access shall be provided in a fashion so that all uses can be mutually accessed without entering onto arterial or primary highways. In such cases, a pattern of internal circulation shall be designed to ensure that conflicts are avoided between moving vehicles, parking areas, pedestrian areas, loading areas and the various uses provided.
D.
Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks and multiuse trails shall be provided in conformance with adopted Comprehensive Plan policies for present and future roadway classifications and/or approved master development plans. Sidewalks shall be installed in the right-of-way and adjacent to the boundary of the right-of-way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a minimum two-foot-wide grass strip or swale between the street edge and the sidewalk, where sidewalks are required. Sidewalks shall be a minimum of five feet wide; multiuse trails shall be a minimum of 10 feet wide.
[Amended 9-26-2012; 1-26-2022]
§ 165-202.04 Streets: Inter-parcel connectors.
[Added 6-22-2005; amended 3-13-2013]
All residential subdivisions of more than 10 lots in the RP, R-4, R-5, and MS (with residential uses) Zoning Districts shall have streets connecting to adjoining parcels. If adjoining parcels are developed or have had a subdivision plat approved, the connecting street shall coordinate with the existing or platted streets in the adjoining parcel. If an adjoining parcel is undeveloped, the location of the connecting street shall be as shown on the master development plan (MDP) reviewed by the Board of Supervisors. This requirement for inter-parcel connector streets may be waived by the Board of Supervisors if the Board finds i) that a connector street to an adjoining parcel is not likely to be needed; ii) that the connector street would be required to be placed in a location which is impractical for location of a street; iii) that an adjoining undeveloped parcel is not likely to be developed in a manner to make a connector street necessary or appropriate; or iv) other good cause shown by the applicant not contrary to good planning policy. All inter-parcel connectors, public or private, shall be built to the Virginia Department of Transportation engineering standards.
§ 165-203.01 Landscaping requirements.
[Amended 4-23-2003; 8-12-2009; 1-23-2013]
The requirements of this section are intended to enhance the appearance, environment, and general welfare of Frederick County by providing minimum landscaping standards and encouraging tree preservation for developments. The provisions of this section shall apply to all site plan and subdivision design plan applications, including the revision or expansion of any site or development.
A.
Residential developments. Residential developments which require a master development plan, subdivision design plan or site plan shall provide at least one of the three types of landscaping identified below.
(1)
Street tree landscaping. Street tree landscaping shall require one street tree for every 40 feet of street frontage in a residential development, with the exception of frontage on roads which require a road efficiency buffer. Street trees shall be planted no more than 20 feet from rights-of-way. Planting street trees on the property lines of building lots should be avoided. Two or more street trees shall be planted on each building lot. The Zoning Administrator may allow fewer than two street trees for an individual building lot if topographical features, utilities, easements, or the width of the lot makes it impractical to do so. All street trees shall comply with the requirements of § 165-203.01B, with the exception that street trees must be at least two-and-one-half-inch caliper at the time of planting.
(2)
Ornamental landscaping.
(a)
Ornamental landscaping shall be provided for residential developments based on the following index and matrix:
[Amended 1-23-2013]
Index of Lot Types | |
|---|---|
Lot Type | Description |
A | Single-Family Detached Rural Traditional |
B | Single-Family Detached Traditional |
C | Single-Family Detached Urban |
D | Single-Family Detached Cluster |
E | Single-Family Detached Zero Lot Line |
F | Single-Family Small Lot |
G | Multiplex |
H | Townhouse, Back-to-Back Townhouse |
I | Garden Apartment, Multifamily Residential Buildings, and Age-Restricted Multifamily Housing |
Required Landscaping Per Dwelling Unit | ||
|---|---|---|
Lot Type | Ornamental Shrubs | Ornamental Trees |
A | None | 10 per 1 unit |
B | 10 per 1 unit | 5 per 1 unit |
C | 10 per 1 unit | 5 per 1 unit |
D | 10 per 1 unit | 5 per 1 unit |
E | 10 per 1 unit | 5 per 1 unit |
F | 15 per 1 unit | 5 per 1 unit |
G | 3 per 3 units* | 1 per 3 units* |
H | 6 per 5 units* | 2 per 5 units* |
I | 3 per 2 units* | 1 per 2 units* |
Note: | ||
|---|---|---|
*Required ornamental trees and shrubs are in addition to all trees and shrubs elsewhere required in the Zoning Ordinance. |
(b)
Ornamental trees and shrubs shall comply with the requirements of § 165-203.01B. The Zoning Administrator may allow some of the required ornamental trees and ornamental shrubs to be planted in areas of common open space so long as the intent of this section is met.
(3)
Tree preservation landscaping. An area with a tree canopy coverage, of at least 25% of the entire site area, shall be preserved within dedicated open space. In no case shall individual building lots be located within the open space. Canopy coverage shall be calculated from the cumulative total of existing tree canopies. Preserved trees shall be clustered together to maintain a contiguous canopy; and shall be protected from construction activity. These areas of open space may be counted towards the total required open space, as specified in § 165-402.07. Residential developments which are not required to have open space by § 165-402.07 are not exempt from creating open space for the required canopy coverage. The calculation of tree canopy shall be based on either the individual tree standards of the "Manual of Woody Landscape Plants," written by Michael A. Dirr, or through a comprehensive analysis of existing tree drip lines, conducted by a Virginia certified engineer, land surveyor, or landscape architect.
B.
Plant selection, planting procedure, and maintenance.
(1)
Plant selection. Based on the type of landscaping, required trees and shrubs shall be selected from the table of acceptable trees and shrubs shown below.
[Amended 12-11-2019]
Types of Landscaping | ||
|---|---|---|
Street tree landscaping (street) Ornamental landscaping (ornamental) Tree preservation landscaping (canopy) Interior and perimeter landscaping (shade) Buffer screening and parking lot screening (screen) Deciduous buffer element (street, canopy, shade) Buffer shrub element (shrub or screen) | ||
Acceptable Trees and Shrubs | ||
Common Name | Scientific Name | Types of Landscaping Permitted |
Amur maple | Acer ginnala | Street, shade, canopy, ornamental |
European hornbeam | Carpinus betulus | Street, shade, canopy, ornamental |
Hop hornbeam | Ostrya virginiana | Street, shade, canopy, ornamental |
Katsura tree | Cercidiphyllum japonicum | Street, shade, canopy, ornamental |
Ginkgo (male) | Ginkgo biloba | Street, shade, canopy, ornamental |
Thornless honey locust | Gleditsia triacanthos inermis | Street, shade, canopy, ornamental |
Golden rain tree | Koelreuteria paniculata | Street, shade, canopy, ornamental |
Flowering crabapple | Malus (disease-resistant varieties) | Street, shade, canopy, ornamental |
Chinese Pistache | Pistacia chinensis | Street, shade, canopy, ornamental |
Linden | Tilia (all varities) | Street, shade, canopy, ornamental |
Lacebark elm | Ulmus parvifolia | Street, shade, canopy, ornamental |
Japanese Zelkova | Zelkova serrata | Street, shade, canopy, ornamental |
Red oak | Quercus rubra | Street, shade, canopy, ornamental |
White oak | Quercus alba | Street, shade, canopy, ornamental |
Scarlet oak | Quercus coccinea | Street, shade, canopy, ornamental |
Sawtooth oak | Quercus acutissima | Street, shade, canopy, ornamental |
Kentucky coffeetree | Gymnocladus dioicus | Street, shade, canopy, ornamental |
Dawn redwood | Metasequoia glyptostroboides | Street, shade, canopy |
Swamp chestnut oak | Quercus michauxii | Street, shade, canopy |
Willow oak | Quercus phellos | Shade, canopy, ornamental |
Bald cypress | Taxodium distichum | Street, shade, canopy |
Red maple | Acer rubrum | Shade, canopy, ornamental |
Freeman maple | Acer freemanii | Shade, canopy, ornamental |
Sugar maple | Acer saccharum | Shade, canopy, ornamental |
Paperbark maple | Acer griseum | Shade, canopy, ornamental |
American sycamore | Platanus occidentalis | Shade, canopy, ornamental |
London plane tree | Platanus acerifolia | Shade, canopy, ornamental |
Sweetgum | Liquidambar styraciflua | Shade, canopy, ornamental |
Copper beech | Fagus sylvatica 'Riversii' | Shade, canopy, ornamental |
Weeping beech | Fagus pendula | Shade, canopy, ornamental |
European beech | Fagus sylvatica | Shade, canopy, ornamental |
River birch | Betula nigra | Shade, canopy, ornamental |
Star magnolia | Magnolia stellata | Shade, canopy, ornamental |
Saucer magnolia | Magnolia x soulangiana | Shade, canopy, ornamental |
Black gum | Nyssa sylvatica | Shade, canopy, ornamental |
Yellowwood | Cladrastis kentukea | Shade, canopy, ornamental |
Downy serviceberry | Amelanchier arborea | Shade, canopy, ornamental |
Hawthorn | Crataegus plaenopyrum, Crataegus viridis | Shade, canopy, ornamental |
Sourwood | Oxydendrum arboreum | Shade, canopy, ornamental |
Tuliptree | Liriodendron tulipifera | Shade, canopy, ornamental |
Pawpaw | Asimina triloba | Shade, canopy, ornamental |
Dogwood | Cornus florida, Cornus kousa, Cornus hybrid | Shade, ornamental |
Flowering cherry | Prunus (all varieties of flowering cherry) | Shade, ornamental |
Cornelian cherry | Cornus mas | Shade, ornamental |
Eastern redbud | Cercis canadensis | Shade, ornamental |
American plum | Prunus americana | Shade, ornamental |
Japanese maple | Acer palmatum | Shade, ornamental |
Douglas fir | Pseudotsuga menziesii | Screen, ornamental |
White fir | Abies concolor | Screen, ornamental |
Spruce | Picea (all varieties) | Screen, ornamental |
Japanese umbrella pine | Sciadopitys verticillata | Screen, ornamental |
Hinoki false cypress | Chamaecyparis obtusa | Screen, ornamental |
White pine | Pinus strobus | Screen, canopy |
Western arborvitae | Thuja plicata | Screen, ornamental |
Eastern arborvitae | Thuja occidentalis (all varieties) | Screen, ornamental |
Japanese cedar | Cryptomeria japonica | Screen, ornamental |
Viburnum (evergreen) | (All evergreen/semi-evergreen varieties) | Screen, ornamental, shrub |
Yew | Taxus (all varieties) | Screen, ornamental, shrub |
Holly | Ilex (all varieties) | Screen, ornamental, shrub |
Common boxwood | Buxus sempervirens | Screen, ornamental, shrub |
Juniper | Juniperus (all varieties) | Screen, ornamental, shrub |
Abelia | (All varieties) | Screen, ornamental, shrub |
Witchhazel | Hamamelis vernalis | Ornamental, shrub |
White fringetree | Chionanthus virginicus | Ornamental, shrub |
Slender Deutzia | Deutzia gracilis | Ornamental, shrub |
Althea | Hibiscus syriacus | Ornamental, shrub |
Vicary privet | Liqustrum x vicaryi | Ornamental, shrub |
Sweet mockorange | Philadelphus coronarius | Ornamental, shrub |
Japanese Pieris | Pieris japonica | Ornamental, shrub |
Cotoneaster | (All varieties) | Ornamental, shrub |
Spirea | (All varieties) | Ornamental, shrub |
Weigela | (All varieties) | Ornamental, shrub |
Forsythia | (All varieties) | Ornamental, shrub |
Dwarf Fothergilla | Fothergilla gardenii | Ornamental, shrub |
Buttonbush | Cephalanthus occidentalis | Ornamental, shrub |
Japanese pagodatree | Sophora japonica | Ornamental, shrub |
Chastetree | Vitex agnus-castus | Ornamental, shrub |
Standard Nandina | Nandina domestica | Ornamental, shrub |
Purple plum | Prunus cerasifera | Ornamental |
Crape myrtle | Lagerstroemia indica | Ornamental |
Persian Parrotia | Parrotia persica | Ornamental |
Hydrangea | (All varieties) | Ornamental |
Mugo pine | Pinus mugo | Ornamental |
Itea | (All varieties) | Ornamental |
Aronia | (All varieties) | Ornamental |
Clethra | (All varieties) | Ornamental |
Azalea | Rhododendron (all varieties) | Ornamental |
Rhododendron | (All varieties) | Ornamental |
Northern bayberry | Myrica pennsylvanica | Ornamental |
Meyer lilac | Syringa meyeri 'Palibin' | Ornamental |
Note: Bradford pears and all varieties of ornamental flowering pears are prohibited from being used to fulfill planting or substitute planting requirements. |
(2)
Planting procedure. All required trees and shrubs shall meet the specifications and procedures established by the American Nursery and Landscape Association.
(a)
All trees shall be planted no closer than three feet to the edge of sidewalks, curb or other pavement.
(b)
Deciduous trees shall be a minimum of one-and-one-quarter-inch caliper at the time of planting.
[Amended 12-11-2019]
(c)
Only single-stem trees shall be planted as street trees.
(d)
Evergreen trees shall be a minimum of four feet in height at the time of planting. Shrubs shall be a minimum three-gallon container at the time of planting. In addition to the three-gallon container requirement, parking lot headlight screening shrubs shall be a minimum of 36 inches in height at time of planting (unless topography allows a reduction to maintain 36 inches from pavement to top of shrub), and buffer shrubs shall be a minimum of 18 inches in height at time of planting. Spacing of parking lot screening shrubs shall be four feet on center.
[Amended 12-11-2019]
(e)
Trees shall not be planted within easements for water, sewer, electric, or gas.
[Amended 12-11-2019]
(f)
Measurement of size. Caliper is measured six inches above the ground up to and including four-inch caliper size and 12 inches above the ground for larger sizes. Diameter at breast height (dbh) will be measured at the height of 54 inches from the base of the trunk or as otherwise allowed in the Guide for Plant Appraisal.
(3)
Maintenance. The owner, developer, and/or builder who is responsible for planting required landscaping shall be responsible for maintaining it in a state of good health for one year after planting. After one year, from the date occupancy is approved, the individual property owner and/or homeowner's association shall become responsible for maintenance. As long as the intent of this section is met, the Zoning Administrator may waive the requirement for landscaping on individual building lots when a hazard or nuisance exists.
C.
Existing tree credits. If the intent of § 165-203.01 is satisfied, including species type and location, existing trees that are preserved may be counted towards the total number of required trees for residential developments. Commercial and industrial developments may utilize existing tree credits when calculating the required number of parking lot trees, as required in § 165-202.01D(13), if the preserved trees are shown on an approved site plan and serve the intent of interior and perimeter landscaping. The following table shows the credit given for each preserved tree, based on the tree's caliper:
Caliper (inches) | Tree Credit |
|---|---|
4 to 6 | 1 |
7 to 12 | 2 |
13 to 18 | 3 |
19 to 29 | 4 |
Greater than 30 | 5 |
D.
Enforcement procedures. The Zoning Administrator may require a bond with surety or other acceptable guaranties to insure the completion of required improvements. Such guaranties shall be in the estimated amount of the required improvements. Such guaranties shall be for a period of completion set by the Zoning Administrator with consultation with the applicant. Such guaranties shall be released when the required improvements have been completed.
§ 165-203.02 Buffer and screening requirements.
[Amended 6-13-1990]
It is the intent of the regulations of this section to encourage proper design of a site in order to protect adjacent existing uses and to protect proposed uses within the site. Certain types of uses must be buffered from other types in order to ensure a desirable living environment. Additionally, appropriate distances must be maintained between commercial, industrial and residential uses and roads.
A.
Distance buffers. Distance buffers are based on the nature of an activity and its proximity to an activity of a different nature. They are linear distances measured from property lines inward. Part of the buffer must be inactive and part may be active. The inactive portion begins at the adjoining property line, as shown in the example diagrams.[1]
(1)
Inactive distance buffer. This portion of a buffer area permits no activity except the necessary utility functions provided by transmission lines, underground conduits, stormwater management, sidewalks, trails, etc.
[Amended 12-11-2019]
(2)
Active distance buffer. This portion of a buffer area may not be encroached by a building or other principal structure or activity. However, accessory activities, such as parking, are permitted in this area.
[Amended 8-12-2009; 12-11-2019]
(3)
Wherever proposed developments are adjacent to or within 1,000 feet of the boundaries of existing uses, the Board of Supervisors may require increased or additional distance buffers to separate different uses to achieve the intentions of this section.
[Amended 9-26-2012]
[1]
Editor's Note: The diagrams detailing example buffers and screening are included as attachments to this chapter.
B.
Screening. Screening is designed to work with distance buffers to lessen the impact of noise or visual interaction between adjacent activities. There are two levels of screening: landscape screening and full screening. The higher the level of screening provided, the lower the level of distance buffer required. The example diagrams show how this works.[2]
[Amended 8-12-2009; 9-26-2012; 12-11-2019]
(1)
Landscape screening. A landscape screen consists of a totally landscaped area at least 10 feet in depth; plantings are encouraged to be spaced appropriately within the inactive buffer. Within the area, there shall be a minimum landscaping density of three plants per 10 linear feet. The buffer shall consist of a combination of 1/3 deciduous trees, 1/3 evergreen trees and 1/3 shrubs. Deciduous trees shall be planted at a minimum of one-and-one-quarter-inch caliper, evergreen trees shall be a minimum of four feet in height, and shrubs shall be 18 inches in height at time of planting.
(2)
Full screen. A full screen provides all the elements of a landscape screen and also includes a six-foot-high, opaque hedge, fence, wall, mound, berm, or an additional two rows of evergreen trees that are six feet tall at time of planting. A fifty-foot strip of mature woodlands may be allowed as a full screen.
(3)
Wherever proposed developments are adjacent to existing uses, the Board of Supervisors may require additional landscaping, landscaped areas, or landscaped easements to separate different uses and to achieve the intentions of this section.
[2]
Editor's Note: The diagrams detailing example buffers and screening are included as attachments to this chapter.
C.
Residential separation buffers. Residential separation buffers shall be established to adequately buffer different housing types from dissimilar housing types within adjacent separate developments. The requirements for residential separation buffers are as follows:
[Amended 5-11-1994; 10-27-1999; 12-10-2008; 9-26-2012; 1-23-2013]
(1)
When placed adjacent to one another, developments with different housing types shall provide the following residential separation buffers:
[Amended 12-13-2017]
Minimum Residential Separation Buffer Area Required | |||||
|---|---|---|---|---|---|
Proposed Use/Development | Adjoining Existing Use/Development | ||||
1 | 2 | 3 | 4 | 5 | |
1. Single-family detached | — | — | A | B | B |
2. Single-family zero lot line or small lot | — | — | A | B | B |
3. Townhouse | A | A | — | B | B |
4. Garden apartment or multifamily buildings | C | C | B | — | A |
5. Age-restricted multifamily | C | C | C | — | — |
Buffer Area Width and Plant Requirements | ||||
|---|---|---|---|---|
Type | Inactive (Minimum) (feet) | Active (Maximum) (feet) | Total (feet) | Screen Type |
A | 15 | 10 | 25 | Full screen |
A | 30 | 20 | 50 | Landscape screen |
A | 75 | 25 | 100 | No screen |
B | 30 | 20 | 50 | Full screen |
B | 45 | 30 | 75 | Landscape screen |
B | 75 | 25 | 100 | No screen |
C | 75 | 25 | 100 | Full screen |
C | 100 | 50 | 150 | Landscape screen |
C | 150 | 50 | 200 | No screen |
(2)
Buffers shall be placed between the lot line of the proposed housing type and the lot line of the existing adjoining use or development. When placed on individual lots, the buffer shall be located within a permanent landscape easement and shall be maintained by the homeowners' association.
(3)
When age-restricted multifamily housing adjoins other housing types, the evergreen element of the residential separation buffer shall be planted at a height of six feet.
(4)
When existing mature woodlands are located within the entire buffer area (total distance if active and inactive buffer), preservation of that woodland will be allowed to substitute for the required plant material.
(5)
Housing types contained within a mixed-use development as outlined in the Comprehensive Plan or developments that contain a mixture of housing types but approved with the same master development plan shall not require residential separation buffers between housing types contained within the same development. The Zoning Administrator may require residential separation buffers when a Master Development Plan is revised and the housing types are modified after construction has already commenced within the development. Residential separation buffers shall be required when different housing types are placed adjacent to a mixed-use or master planned development or if the development abuts different housing types within a separate development.
(6)
The Board of Supervisors may waive, reduce and/or modify the residential separation buffer requirements (distance or landscaping) if the topography of the lot providing the buffer yard and the lot being protected is such that the required buffer yard would not be effective.
(7)
The Board of Supervisors may waive, reduce and/or modify the residential separation buffer requirements (distance or landscaping) when utility conflicts preclude the installation of the buffer and would result in unnecessary or otherwise unreasonable hardship to the developer.
D.
Zoning district buffers. Buffers shall be placed on land to be developed when it adjoins land in certain different zoning districts.
(1)
Buffers shall be provided on the land to be developed according to the categories in the following tables:
[Amended 9-12-2001; 12-10-2008; 8-12-2009]
(a)
Buffer categories:
Distance Buffer Required | ||||
|---|---|---|---|---|
Category | Screening Provided | Inactive (Minimum) (feet) | Active (Maximum) (feet) | Total (feet) |
A | No screen | 25 | 25 | 50 |
B | Full screen | 25 | 25 | 50 |
B | Landscape screen | 75 | 25 | 100 |
B | No screen | 150 | 50 | 200 |
C | Full screen | 75 | 25 | 100 |
C | Landscape screen | 150 | 50 | 200 |
C | No screen | 350 | 50 | 400 |
(b)
Buffer categories to be provided on land to be developed according to the zoning of the adjoining land:
[Amended 11-12-2014; 3-8-2023]
Zoning of Adjoining Land | |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning of Land to be Developed | RP | R4 | R5 | MH1 | B1 | B2 | B3 | TM | M1 | M2 | EM | MS | RA (primarily used for residential purposes) |
RP | - | - | - | - | A | A | A | A | A | A | A | A | - |
R4 | - | - | - | - | A | A | A | A | A | A | A | A | - |
R5 | - | - | - | - | A | A | A | A | A | A | A | A | - |
MH1 | C | C | C | - | B | B | B | B | B | A | A | C | - |
B1 | B | B | B | B | - | - | A | A | A | A | A | B | B |
B2 | B | B | B | B | - | - | - | A | A | A | A | B | B |
B3 | C | C | C | C | B | - | - | - | - | - | - | C | C |
TM | C | C | C | C | B | B | - | - | - | - | - | C | C |
M1 | C | C | C | C | B | B | - | - | - | - | - | C | C |
M2 | C | C | C | C | B | B | B | B | B | - | - | C | C |
EM | C | C | C | C | B | B | B | B | B | - | - | C | C |
MS | C | C | C | C | B | B | B | B | B | B | C | - | C |
(2)
Whenever land is to be developed in the B1, B2, B3, TM, M1 or M2 Zoning District that is adjacent to a state road with a right-of-way with a designated functional classification of interstate, arterial or collector as approved by the Virginia Department of Transportation, zoning district buffers shall not be required along the road.
[Amended 12-11-2019; 3-8-2023]
(3)
The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements between land primarily used for residential purposes and the B-1 (Neighborhood, Business) or B-2 (Business, General) Zoning District with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Board of Supervisors, the distance requirements of § 165-203.02D(1)(a) may be reduced, provided that the full screening requirements of this section are met.[3]
[Amended 3-9-2005; 11-12-2014]
[3]
Editor's Note: Former Subsection D(4), concerning land to be developed in the B3, OM, M1 or M2 Zoning District, as amended, and (5), concerning land to be developed in the MS Zoning District, added 9-12-2001, was repealed 11-12-2014, which ordinance also renumbered Subsection D(6) through (11) as Subsection D(4) through (9), respectively.
(4)
The Zoning Administrator may waive any or all of the requirements for the zoning district buffers on a particular site plan when all uses shown on the site plan are allowed in the zoning district in which the development is occurring and in the adjoining zoning districts.
[Amended 8-12-2009]
(5)
The Zoning Administrator may waive, reduce and/or modify buffer yard requirements (distance and landscaping) if, in his opinion, the topography of the lot providing the buffer yard and the lot being protected is such that the required yard would not be effective. The buffer may also be modified to maintain highway sight distances.
[Amended 8-12-2009]
(6)
Land proposed to be developed in the B3, TM, M1 or M2 Zoning District may be permitted to have a reduced buffer distance that is consistent with the required side or rear building setback line, provided that the following requirements are met:
[Added 3-13-1996; amended 8-12-2009; 12-11-2019; 3-8-2023]
(a)
The property to be developed with a reduced buffer distance is part of an approved master planned industrial park.
(b)
There are no primary or accessory uses within the reduced buffer distance area, including driveways, access drives, outdoor storage areas, parking areas, staging areas, loading areas and outdoor dumpster areas. All-weather surface fire lanes necessary to meet the requirements of Chapter 90, Fire Prevention, of the Code of Frederick County, Virginia, shall be exempt from this performance standard.
(c)
A full screen is required to be created within the reduced buffer distance area which shall be comprised of a continuous earth berm that is six feet higher in elevation than the highest elevation within the reduced buffer distance area and a double row of evergreen trees that are a minimum of six feet in height and planted a maximum of eight feet from center to center.
(7)
Proposed developments required to provide buffers and screening as determined by § 165-203.02D(1)(b) of this chapter may be permitted to establish a common shared buffer and screening easement with the adjoining property. The common shared buffer and screening easement shall include all components of a full screen which shall be clearly indicated on a site design plan. A legal agreement signed by all appropriate property owners shall be provided to the Department of Planning and Development and shall be maintained with the approved site design plan. This agreement shall describe the location of the required buffer within each property, the number and type of the plantings to be provided and a statement regarding the maintenance responsibility for this easement. The required buffer distance may be reduced by 50% for a common shared buffer easement if existing vegetation achieves the functions of a full screen.
[Amended 6-12-1996]
(8)
When a flex-tech development is split by a zoning district line, the Zoning Administrator may allow for a reduction of the distance buffer and the relocation of the screening requirements. Such modifications shall be allowed at the Zoning Administrator's discretion, provided that all of the following conditions are met:
[Added 2-11-1998; amended 9-26-2012]
(a)
The zoning district boundary line for which the modification is requested is internal to the land contained within the master development plan.
(b)
The required landscape screen is relocated to the perimeter of the flex-tech development. This relocated landscape screen shall contain the same plantings that would have been required had the screen been placed along the zoning district boundary line.
(9)
Whenever land is to be developed in the B1, B2, B3, TM, M1 or M2 Zoning District that is adjacent to a railroad right-of-way that has property zoned B1, B2, B3, TM, M1 or M2 on the opposite side, zoning district buffers shall not be required. In the event that residential uses are located on the opposite side of the railroad right-of-way, a zoning district buffer as required by § 165-203.02D shall be provided. In the event that a zoning district buffer is required, the width of the railroad right-of-way may be counted towards the required zoning district buffer distance.
[Added 12-10-2008; amended 3-8-2023]
(10)
The Board of Supervisors may grant a waiver that modifies or eliminates a required zoning district buffer between land being developed in the B1, B2, B3, TM, M1 or M2 Zoning Districts that is adjacent to land primarily used for residential purposes in the RA Rural Areas Zoning District, provided that:
[Added 11-12-2014; amended 3-8-2023]
(11)
The Zoning Administrator may grant a waiver to allow chain-link fence with slats to satisfy the opaque fence requirements for zoning district buffers between land primarily used for residential purposes and land located in the B-1 (Neighborhood, Business) or B-2 (General Business) Zoning District with the consent of the adjacent (affected) property owners. A chain-link fence with slats shall meet the following criteria:
[Added 10-13-2021]
(a)
Chain-link fencing with slats must have a privacy factor of 90% or greater.
(b)
Chain-link fencing with slats shall consist of double-walled winged slats.
(c)
Chain-link fencing with slats shall only utilize the following colors: dark green, brown, black, or tan.
(d)
The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited.
E.
Road efficiency buffers. The purpose of these requirements is to provide protection for residential structures from any street classified as a collector road or higher while still providing an attractive view of the residential neighborhoods from major roadways. It is not the intent of these regulations to provide uniform linear strips of completely opaque screening but to provide an attractive view of residential neighborhoods from major streets and ensure adequate buffering for the residential neighborhood from the street.
[Amended 9-13-1995; 5-8-2002; 9-26-2012; 1-23-2013]
(1)
All residential structures shall be separated from interstate, limited access, primary, major arterial, minor arterial or major collector roads, as designated by the Virginia Department of Transportation or the Frederick County Comprehensive Plan, by the following road efficiency buffers:
Distance Buffer Required | |||||
|---|---|---|---|---|---|
Road Classification | Inactive (minimum) (feet) | Active (maximum) (feet) | Total (feet) | Screen Type | |
Interstate/ arterial/ limited access | |||||
Full-distance buffer | 50 | 50 | 100 | Landscape screen | |
Reduced-distance buffer | 40 | 40 | 80 | Full screen | |
Major collector | |||||
Full-distance buffer | 40 | 40 | 80 | Landscape screen | |
Reduced-distance buffer | 40 | 10 | 50 | Full screen | |
(2)
All road efficiency buffers shall begin at the edge of the road right-of-way, with the inactive portion abutting the road right-of-way. All required elements of the full-distance buffer or the reduced-distance buffer shall be located within the inactive portion of the road efficiency buffer. Maintenance of the road efficiency buffer shall be in accordance with § 165-203.01B(3). The inactive portion of the road efficiency buffer is permitted to count towards the required percentage of common open space; however, no portion of a residential lot shall be located within the inactive portion of the road efficiency buffer. The active portion of the road efficiency buffer may be permitted to be located within a residential lot, provided that the primary structure is not located within the buffer area. Accessory structures may be located within the active portion of the road efficiency buffer, provided that the structures meet all applicable setback requirements. Access roads serving as the primary means of vehicular travel to residential subdivisions are permitted to traverse road efficiency buffers.
(3)
All road efficiency buffers shall contain landscaping evergreen trees intended to reach a minimum height of 20 feet at maturity.
(4)
The Zoning Administrator may allow alternative landscaping near entrance drives to ensure safe sight distances.
(5)
The Zoning Administrator may waive, reduce and/or modify the road efficiency buffer yard requirements if in his opinion the topography of the lot providing the buffer yard and the lot being protected is such that the required buffer yard would not be effective.
(6)
When existing mature woodland, when supplemented by new vegetation if needed, is located within the entire buffer area and meets the intent of this section, preservation of that woodland will be allowed to substitute for the required plant material and the opaque screening.
§ 165-204.01 Adult care residences, assisted living care facilities and convalescent or nursing homes.
[Added 2-26-1997]
Adult care residences, assisted living care facilities and convalescent or nursing homes located in the B2 Business General District shall meet the following requirements:
A.
Thirty percent of the total acreage of the site utilized for adult care residences and assisted living care facilities shall remain in green space. Areas designated for buffers and screening and stormwater management facilities that are required to serve this use may be included in this percentage.
B.
Road efficiency buffers as specified in § 165-203.02E of this chapter shall be met.
§ 165-204.02 Batting cages, commercial, operated outdoors.
[Added 7-10-1996]
Commercial batting cages located in the B2 Business General District shall meet the following requirements:
A.
Outdoor batting cage operations may be developed as stand-alone facilities or may be located in conjunction with other permitted uses in the B2 Business General District.
B.
Outdoor batting cage operations shall be constructed to meet the standards for rectangular cage systems and radial cage systems. Monopole cage systems shall not be permitted.
C.
Outdoor batting cage systems shall be developed within an area not to exceed 15,000 square feet. The perimeter of the outdoor batting cage facility shall be enclosed with an eight-foot-high chain link fence.
D.
Stock pipe utilized to support the outdoor batting cage net system shall not exceed 25 feet in height.
E.
Lighting fixtures for outdoor batting cage operations shall be engineered to reflect downward and shall not reflect light onto adjoining uses, properties and road rights-of-way.
§ 165-204.03 Campgrounds and tourist camps.
Where allowed, all campgrounds shall meet the following requirements:
A.
Minimum size. The minimum lot size for a campground shall be five acres.
B.
Density. The maximum allowed density for a campground shall be 10 campsites or cabins per acre.
C.
Perimeter setbacks. The perimeter setback from the boundary of the campground for all structures and campsites shall be 100 feet.
D.
Residences. No more than one permanent residence shall be allowed in a campground, which shall only be occupied by the owner, manager or an employee.
E.
Buffers and screens. Where campgrounds are allowed, zoning district separation buffers and screens, Category C as described by this chapter, shall be provided in relation to surrounding properties containing residential uses.
F.
Campgrounds shall meet all requirements of the Virginia Department of Health.
§ 165-204.04 Car washes.
[Added 4-10-1991; amended 10-27-2004]
A.
Car washes located in the B-1 (Business Neighborhood District) and B-2 (Business General District) Zoning District, adjacent to RA with residential dwellings, RP, R-4, R-5, MS (Medical Support with Residential Component), and MH-1 zoned properties shall have an operator on-site during all hours of operation.
B.
Car washes located in the B-1 (Business Neighborhood District) and B-2 (Business General District) Zoning District, adjacent to RA with residential dwellings, RP, R-4 R-5, MS (Medical Support with Residential Component) and MH-1 zoned properties shall be operated only during the following hours:
Days | Hours |
|---|---|
Monday through Friday | 7:00 a.m. to 9:00 p.m. |
Saturday | 8:00 a.m. to 9:00 p.m. |
Sunday | 12:00 noon to 6:00 p.m. |
§ 165-204.05 Electrical, hardware, plumbing and heating equipment businesses.
[Added 6-8-1994; amended 11-12-1997; 12-13-2023]
Electrical, hardware, plumbing and heating equipment businesses located in the B2 Business General District shall be subject to the following requirements:
A.
Establishments primarily engaged in these businesses shall not exceed 8,000 square feet of total floor area.
B.
Only 25% of the total floor area within a shopping center shall contain such businesses.
C.
Such businesses shall not have outdoor storage.
D.
Such businesses shall not contain fabrication and/or manufacturing facilities.
§ 165-204.06 Flex-tech uses.
[Added 2-11-1998]
The intent of this section is to ensure that flex-tech development shall be designed for safe, efficient traffic flow and to complement its surroundings. The following minimum standards shall apply to any property in which flex-tech developments are located, in order to promote economic development and mitigate any negative impacts to adjoining properties:
A.
Permitted uses. All uses allowed in the B2, B3, M1 and TM Districts will be permitted in a flex-tech development.
[Amended 3-8-2023]
(1)
Primary use. The primary use shall be a use permitted by the zoning district in which the development is located. The primary use shall occupy a minimum of 75% of an establishment, measured in gross floor area of the unit.
(2)
Accessory use. The accessory use shall be a use permitted in flex-tech but not necessarily in the district in which the development is located.
B.
The flex-tech development shall only be permitted within approved master planned developments, the approved master plan shall indicate location of the flex-tech development.
C.
All flex-tech developments shall adhere to a site plan that has been approved by the Frederick County Zoning Administrator and complies with the requirements set forth in this chapter and to the following flex-tech design standards:
(1)
Individual unit size dimensional requirements. Maximum unit sizes shall be 20,000 square feet.
(2)
Site layout requirements.
(a)
Loading bays.
[1]
All loading bays shall be located so that they are not visible from road rights-of-way. All loading bays shall be screened from view by the building, landscaping, walls or decorative fencing.
[2]
Except during the process of loading or unloading, trucks and trailers shall not be parked outside the building, unless parked in screened areas not visible from adjacent road rights-of-way or properties.
[3]
The Zoning Administrator may waive any and all of the loading bay location and screening requirements when a site is bordered by two or more road rights-of-way. In no case shall a loading bay be visible from an arterial or collector road, as identified by the Frederick County Comprehensive Policy Plan.
[Amended 9-26-2012]
(c)
Entrances onto the site shall clearly separate automobile traffic from truck traffic. Automobile parking and truck loading areas shall be clearly separated.
(d)
Parking areas shall be designed to accommodate the most intensive use of the structures. Parking may be constructed in phases to reflect required parking for the actual occupying uses, as determined by the application for a certificate of occupancy and/or change of use permit.
(e)
All uses shall be conducted entirely within enclosed structures.
§ 165-204.07 Government services office.
[Added 9-14-2005]
Government services office located in the Rural Areas (RA) Zoning District shall be subject to the following requirements:
A.
Government services office uses shall be located within the Sewer and Water Service Area (SWSA), as identified by the County's Comprehensive Policy Plan.
B.
A transportation impact analysis (TIA) shall be conducted and the improvements identified as necessary to achieve, or maintain, a minimum Level of Service (LOS) C shall be constructed in conjunction with the facilities.
C.
The facility shall be served by public water and sewer.
D.
The use and site shall adhere to, and implement, Business General (B2) Zoning District design standards.
§ 165-204.08 Grocery and food stores.
[Added 12-12-2007; amended 7-10-2024]
Grocery or food stores shall meet the following requirements:
A.
In the B3 (Industrial Transition) Zoning District: Maximum building square footage used for retail sales of grocery or food products shall not exceed 10,000 square feet. The 10,000 square feet shall not include area used for storage warehousing of products.
B.
In the B1 (Neighborhood Business) Zoning District: Maximum building square footage used for retail sales of grocery or food products shall not exceed 15,000 square feet.
§ 165-204.09 Humanitarian aid organizational office.
[Added 1-27-1999]
Nonprofit aid organizational offices located in the RA (Rural Areas) Zoning District shall be subject to the following requirements:
A.
A Category "B" zoning district separation buffer and screen, as described by this chapter, shall be provided in relation to surrounding properties containing residential uses.
B.
Maximum building square footage shall not exceed 15,000 square feet, or a floor area-to-lot area ratio (FAR) of 0.3, whichever is less.
C.
All signs shall conform with the cottage occupation sign requirements.
D.
No marketing of merchandise shall occur from this property.
§ 165-204.10 Kennels.
Where allowed separately or as a part of a veterinary clinic or hospital, kennels shall meet the following requirements:
§ 165-204.11 Landfills, junkyards, trash disposal and inoperable vehicles and trailers.
[Amended 12-9-1992; 6-9-1993; 10-27-2004; 3-12-2008; 12-10-2008; 9-26-2012; 2-23-2022]
Landfills, junkyards, automobile graveyards, dumping and trash heaps shall be permitted only where specifically allowed by the zoning district regulations of this chapter. Where allowed, such uses shall meet all requirements of the Frederick County Code and applicable state and federal regulations.
A.
Where allowed, landfills, junkyards, automobile graveyards, dumping and trash heaps shall be completely screened from the view of surrounding roads and properties by fences, walls, screens or other methods.
B.
A minimum buffer of 600 feet shall be maintained on parcels containing a landfill adjacent to properties containing residences or properties zoned RP Residential Performance, MH1 Mobile Home Community, R4 Residential Planned Community or R5 Residential Recreational Community. Such buffers shall be along the boundary of the property adjacent to the properties so zoned or containing the residences. In addition, the Board of Supervisors may require landscape screening or full screening in the buffer as described by this chapter. If a residential development is established adjacent to an existing landfill, a Category C buffer shall be placed on the land containing the residential development. In no case shall residences be placed within 600 feet of a landfill.
C.
Inoperable motor vehicles and trailers.
(1)
Inoperable motor vehicles and trailers shall not be stored outside of a completely enclosed building in the following zoning districts:
[Amended 3-8-2023]
RP | Residential Performance | |
R4 | Residential Planned Community | |
R5 | Residential Recreational Community | |
MH1 | Mobile Home Community | |
HE | High Education | |
MS | Medical Support | |
B1 | Business Neighborhood | |
B2 | Business General | |
B3 | Industrial Transition | |
TM | Technology-Manufacturing | |
M1 | Industrial Light | |
M2 | Industrial General | |
EM | Extractive Manufacturing |
(2)
Inoperable motor vehicles and trailers permitted to be stored outside of a totally enclosed building shall be completely screened from public roads or surrounding properties. Permitted screening shall include opaque fences, opaque landscaping or opaque natural vegetation.
D.
Trash storage. When stored outdoors, outside of a legal landfill or trash heap, all trash, rubbish or garbage shall be stored in watertight, verminproof containers.
(1)
All multifamily residential developments where more than one residence or use shares a parking lot shall be provided with outdoor trash containers or other means of trash disposal. Means shall be provided to ensure that all trash generated by the development is properly disposed of to avoid litter, odor or other nuisances.
(2)
All commercial and industrial developments shall be provided with outdoor trash containers or other means of trash disposal. Means shall be provided to ensure that all trash generated by the development is properly disposed of to avoid litter, odor or other nuisances.
(3)
Such trash containers shall not be located in the front yard areas of such uses. Such containers shall be located to avoid traffic conflicts with parked vehicles and general traffic. Such containers shall be properly screened or separated from dwellings to avoid odors and other impacts.
(4)
Such trash containers shall be contained within a completely enclosed facility. The enclosure shall consist of a six-foot opaque fence or wall and an opaque gate.
E.
No junkyards shall be hereafter established any portion of which is within 1,000 feet of the nearest edge of the right-of-way of any interstate or United States highway or within 500 feet of the nearest edge of the right-of-way of any Commonwealth of Virginia highway, except as follows:
§ 165-204.12 Motor vehicle service uses, automotive repair shops and public garages.
[Amended 9-28-2011]
All motor vehicle service uses, automotive repair shops and public garages shall meet the following requirements:
A.
All repair shall take place entirely within an enclosed structure.
B.
All exterior storage of parts and equipment shall be screened from view of surrounding properties by an opaque fence or screen at least six feet in height. This fence or screen shall be adequately maintained.
[Amended 10-13-2021]
(1)
Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements when the adjoining properties are in the B-2 (General Business), B-3 (Industrial Transition), M-1 (Light Industrial), M-2 (Industrial General), TM (Technology-Manufacturing), EM (Extractive Manufacturing), MS (Medical Support) Districts, or other zoning districts where the proposed use is also allowed.
[Amended 3-8-2023]
(2)
Chain-link fencing with slats shall consist of double-walled winged slats; or equivalent if approved by the Zoning Administrator.
(3)
Chain-link fencing with slats shall only utilize the following colors: dark green, brown, black, or tan. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited.
(4)
Chain-link fencing with slats shall not be permitted to be used as a screen along primary, arterial, or collector roadways.
C.
Inoperable motor vehicles must be stored within a totally enclosed building or screened on all sides by a six-foot opaque element such as a fence, wall or berm.
D.
In the RA, M1, M2 and TM Zoning Districts, the sale of automobiles shall not be permitted as an accessory or secondary use to any automotive repair shop.
[Amended 3-8-2023]
§ 165-204.13 Restaurants.
[Added 12-9-1992]
Restaurants located in the B1 Neighborhood Business Zoning District shall meet the following requirements:
§ 165-204.14 Sewage treatment facilities.
A.
Sewage treatment facilities in Frederick County serving three or more dwellings, lots or uses are only allowed if they are dedicated to a public authority or agency. Sewage treatment facilities serving primary or accessory agricultural uses shall be exempt from this requirement.
B.
A minimum buffer of 600 feet shall be maintained on parcels containing sewage treatment facilities adjacent to properties containing residences or properties zoned RP Residential Performance, MH1 Mobile Home Community, R4 Residential Planned Community or R5 Residential Recreational Community. Such buffers shall be along the boundary of the property adjacent to the properties so zoned or containing the residences. In addition, the Board of Supervisors may require landscape screening or full screening in the buffer as described by this chapter. If a residential development is established adjacent to an existing sewage treatment facility, a Category C buffer shall be placed on the land containing the residential development. In no case shall residences be placed within 600 feet of a sewage treatment facility.
[Amended 9-26-2012]
§ 165-204.15 Commercial shooting and archery ranges, outdoor.
[Amended 5-24-2017]
Outdoor shooting and archery ranges shall be allowed only with a conditional use permit. Where outdoor shooting and archery ranges are allowed, zoning district separation buffers and screens, Category C as described by this chapter, shall be provided in relation to surrounding properties containing residential uses. In no case shall a shooting range be located within 1,000 feet of any residence located on surrounding parcels of land. In no case shall an archery range be located within 300 feet of any residence located on surrounding parcels of land. Application for a conditional use permit shall include plans for appropriate site layout and design to protect the safety of the public. Such plans shall include berms and other protective features. All outdoor shooting and archery ranges shall be supervised at all times by qualified personnel.
§ 165-204.16 Shopping centers, office parks and industrial parks.
The intent of this section is to ensure that private restrictions are established in certain types of development. In order to promote orderly economic development and to protect property values in commercial and industrial areas, the following requirements shall apply to all shopping centers, office parks and industrial parks:
A.
A harmonious coordination of uses, architectural styles, signs and landscaping shall be provided to ensure the aesthetic quality and value of the development. Deed restrictions, dedications, agreements, contracts, guaranties or other means shall be instituted to ensure that such coordination occurs.
B.
Architectural styles should avoid massive, monolithic or repetitive building types and facades. No portion of an unpainted concrete block or unpainted sheet metal building shall be visible from roads or surrounding properties.
C.
Appropriate landscaping shall be provided or required through deed restrictions, dedications, agreements, contracts, guaranties or other means throughout the development.
D.
Deed restrictions, dedications, agreements, contracts, guaranties or other means used to ensure the above shall provide specific standards and means for enforcement. The Zoning Administrator shall review such methods before any site plan is approved to ensure that they accomplish the intentions of this section. The Zoning Administrator shall review such methods to ensure that private controls are established to address the requirements of this section. The Zoning Administrator shall not control the particular designs, styles or methods used as long as the requirements of this chapter have been met.
§ 165-204.17 Slaughterhouses and rendering plants.
[Added 12-9-1992]
A.
It shall be unlawful to operate any slaughterhouse, abattoir, rendering plant or establishment where animals or fowl, dead or alive, are processed or where food or feed is manufactured or processed, unless such place or establishment is maintained and operated in a clean and sanitary manner at all times.
B.
Such establishments shall be so constructed and maintained as to effectively control the entrance of insects and rodents. The doors, windows and other openings thereof shall be fitted with screen doors and wire window screens of not coarser than fourteen-gauge mesh.
C.
The word "slaughterhouse," as used in this section, shall not be construed to prohibit persons who are actually farmers from killing their own cattle, sheep, swine, goats and fowl for their own family use.
D.
All buildings, animal unloading/staging areas, and animal pens shall be a minimum of 100 feet from all property lines.
[Added 9-13-2017]
E.
Total building(s) square footage should not exceed 20,000 square feet (SF).
[Added 9-13-2017]
F.
All operations must be under roof and screened from view from adjoining properties and public streets.
[Added 9-13-2017]
G.
Additional buffering and screening may be required as specified by the Zoning Administrator.
[Added 9-13-2017]
§ 165-204.18 Storage facilities, self-service.
[Amended 12-11-1996]
Where allowed, self-service storage facilities shall meet the following requirements:
A.
Self-service storage facility operations shall be permitted as a primary or accessory use in all zoning districts in which they are permitted.
B.
All parking areas, travel aisles and maneuvering areas associated with the self-service storage facility operations shall be paved with asphalt, concrete or similar material to provide a durable hard surface.
C.
Buildings are permitted that provide interior and exterior accessible units. Individual units within the self-service storage building shall not exceed 1,000 square feet in area.
D.
Minimum building spacing shall be 30 feet apart. Loading areas shall be delineated to ensure that adequate travel aisles are maintained between buildings.
E.
Recreational vehicles and boats shall be permitted to be stored within completely enclosed areas of the self-service storage facility, provided that the storage area is separate from the parking areas and travel aisles and is depicted on the approved site development plan. Areas utilized for this purpose shall be exempt from the surface requirements specified under § 165-204.18B.
F.
Self-storage facilities shall meet the following landscaping or screening requirements:
[Amended 12-11-2019]
(1)
Facilities located in the B-2 Business General District shall have all overhead doors and loading areas completely screened by a double row of evergreen trees that are staggered and planted a maximum of 12 feet off center and are a minimum of four feet in height when planted.
(2)
Facilities located in the B-3 Industrial Transition District or the M-1 Light Industrial District shall be required to landscape the yard area adjacent to public streets and residences to provide for a double row of evergreen trees that are staggered and planted a maximum of 12 feet off center. The side and rear yards shall be planted with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of four feet in height at the time of planting.
(3)
Facilities located on parcels that are within a master planned industrial park or office park shall be required to landscape the perimeter of the facility with a single row of evergreen trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of four feet in height at the time of planting.
(4)
The installation of an opaque wall or fence that is a minimum of six feet in height may substitute for required landscaped areas in all zoning districts.
[Amended 10-13-2021]
(a)
A solid building wall, free of windows or doors, is not required to be screened.
(b)
Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements when the adjoining properties are in the B-2 (General Business), B-3 (Industrial Transition), M-1 (Light Industrial), M-2 (Industrial General), TM (Technology-Manufacturing), EM (Extractive Manufacturing), MS (Medical Support) Districts, or other zoning districts where the proposed use is also allowed.
[Amended 3-8-2023]
(c)
Chain-link fencing with slats shall consist of double-walled winged slats, or equivalent approved by the Zoning Administrator.
(d)
Chain-link fencing with slats shall only utilize the following colors: dark green, brown, black, or tan. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited.
(e)
Chain-link fencing with slats shall not be permitted to be used as a screen along primary, arterial, or collector roadways.
G.
Self-service storage facility operations shall be designed to accommodate the storage of residential, commercial and industrial items, excluding hazardous, toxic and explosive materials. No use, sale, repair or activity other than storage shall be permitted to occur in self-service storage facility operations. A copy of the lease agreement which describes the requirements of this subsection shall be approved in conjunction with the site development plan for the self-service storage facility operation.
§ 165-204.19 Telecommunications facilities, commercial.
[Added 4-9-1997; amended 7-8-1998; 9-25-2002; 11-12-2003; 10-13-2010; 1-25-2012; 9-26-2012; 12-11-2019]
A.
Definitions. The terms used in this section shall have the same meanings as set out in Code of Virginia, § 15.2-2316.3, unless the context requires a different meaning.
B.
Administrative review; eligible projects.
(1)
Notwithstanding any other provision of this chapter, but subject to the requirements of this subsection, the following shall be permitted in all zoning districts:
(a)
Any small cell facility (Code of Virginia, § 15.2-2316.4);
(b)
Any structure that is not more than 50 feet above ground level, provided that the structure with attached wireless facilities is i) not more than 10 feet above the tallest existing utility pole located within 500 feet of the structure within the same public right-of-way or within the existing line of utility poles; ii) not located within the boundaries of a local, state, or federal historic district; and iii) designed to support small cell facilities [Code of Virginia, §§ 15.2-2316.3 and 15.2-2316.4:1(A)]; or
(c)
Co-location of a wireless facility on the existing structure of a wireless facility that is not a small cell facility [Code of Virginia, §§ 15.2-2316.3 and 15.2-2316.4:1(A)].
(2)
Any person seeking to install a facility or structure identified in Subsection B(1) of this section shall make application to the Zoning Administrator, accompanied by payment of a fee of $100 each for up to five facilities or structures on the same application and $50 each for each additional facility or structure on the same application. [Code of Virginia, § 15.2-2316.4(B)(2)] The application shall be subject to consideration as follows:
(a)
The Zoning Administrator shall approve or disapprove the application within 60 days of receipt of the complete application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The sixty-day period may be extended by the Zoning Administrator, in writing, for a period not to exceed an additional 30 days. The application shall be deemed approved if the Zoning Administrator fails to act within the initial 60 days or an extended thirty-day period. [Code of Virginia, § 15.2-2316.4(B)(1)]
(b)
The Zoning Administrator shall only deny approval for the facility or structure on account of: i) material potential interference with other preexisting communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities, or ii) the public safety or other critical public service needs. Otherwise, the Zoning Administrator shall approve the facility or structure, and the facility or structure does not require approval from the Planning Commission or the Board of Supervisors. [Code of Virginia, § 15.2-2316.4(B)(4)]
(c)
The applicant may voluntarily submit, and the Zoning Administrator may accept, conditions that address potential visual or aesthetic effects resulting from the placement, pursuant to this subsection, of a facility or structure. [Code of Virginia, § 15.2-2316.4(B)(5)]
C.
Standard process projects.
(1)
Except as provided in Subsection B, no wireless facility or wireless support structure shall be sited, constructed, or operated except pursuant to a conditional use permit issued through the process defined in Part 103 of Article I of this chapter. The issuance of a conditional use permit for the siting, construction, and operation of a wireless facility is permitted within the zoning districts specified in this chapter, provided that, pursuant to Code of Virginia, § 15.2-2232(A), the general location or approximate location, character, and extent of such facilities are substantially in accord with the adopted Comprehensive Plan or part thereof and that adjoining properties, surrounding residential properties, land use patterns, scenic areas, and properties of significant historic value are not negatively impacted [based on current intro to County Code § 165-204.19].
(2)
Any person seeking to install a facility or structure pursuant to this subsection shall make application to the Zoning Administrator, accompanied by payment of a fee of $750. [Code of Virginia, § 15.2-2316.4:1(B)(2) ("the fee shall not exceed the actual direct costs to process the application, including permits and inspection")] The application shall be subject to consideration as follows and include the indicated information:
[6-10-2020]
(a)
The Board of Supervisors shall approve or disapprove the application within 150 days of receipt of the complete application by the Zoning Administrator or such shorter period as required by federal law, unless the applicant and the Board agree to a longer period for approval or disapproval of the application. Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. [Code of Virginia, § 15.2-2316.4:1(C)]
(b)
Information to be included with application:
[1]
A map depicting the search area used in siting the proposed facility or structure [Code of Virginia, § 15.2-2316.4:2(D); based on current § 165-204.19A(2)];
[2]
Identification of all service providers and commercial telecommunications facility infrastructure within the search area [Code of Virginia, § 15.2-2316.4:2(D); based on current § 165-204.19A(3)];
[3]
Confirmation that attempts to co-locate on existing structures have been made and, if such attempts were unsuccessful, the reasons so [Code of Virginia, § 15.2-2316.4:2(D); based on current § 165-204.19A(3)];
[4]
Documentation issued by the Federal Communications Commission indicating that the proposed facility is in compliance with the Federal Communications Commission's established ANSI/IEEE standards for electromagnetic field levels and radio frequency radiation [based on current § 165-204.19A(4)];
[5]
An affidavit signed by the landowner and by the owner of the facility or structure stating that they are aware that either or both of them may be held responsible for the removal of the facility or structure as stated in Subsection E [based on current § 165-204.19A(5)]; and
[6]
The applicant may voluntarily submit, and the Board may accept, conditions that address potential visual or aesthetic effects resulting from the placement of the facility or structure. [Code of Virginia, § 15.2-2316.4:2(C)]
(3)
If the Board of Supervisors grants a conditional use permit under this subsection, the following standards shall then apply to any property on which a wireless facility or wireless support structure is sited, in order to promote orderly development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas, and properties of significant historic value:
(a)
The Board may reduce the required setback distance for the wireless facility or wireless support structure as required by § 165-201.03B(8) of this Code if the applicant submits sufficient documentation, certified by a registered Virginia professional engineer, that, in the event of a collapse of the wireless facility or wireless support structure, the collapsed wireless facility or wireless support structure will be contained in a fall zone that does not extend into the area of the proposed reduced setback, measured from the center line of the base of the wireless facility or wireless support structure. The setback distance shall not be reduced to less than half the distance of the height of the wireless facility or wireless support structure if the adjoining property is zoned for residential use or if the principal use of the adjoining property is a residence.
[Amended 3-13-2024]
(b)
Monopole-type construction shall be required for any new wireless facility or wireless support structure. The Board may allow lattice-type construction when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historic resources.
(c)
No more than two signs shall be permitted on any wireless facility or wireless support structure. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade.
(d)
When lighting is required for a wireless facility or wireless support structure, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission. Strobe lighting shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with the wireless facility or wireless support structure shall utilize infrared lighting and motion-detector lighting to prevent continuous illumination.
(e)
Every wireless facility and wireless support structure shall be constructed with materials of a galvanized finish or be of a noncontrasting blue or gray unless otherwise mandated by the Federal Aviation Administration or the Federal Communications Commission.
(f)
Every wireless facility and wireless support structure shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads, or other rights-of-way.
[The entirety of the above Subsection C(3) is based on current § 165-204.19B] |
(4)
If the Board of Supervisors denies a conditional use permit under this subsection, the Board shall:
(a)
Provide applicant with a written statement of the reasons for the denial [Code of Virginia, § 15.2-2316.4:1(E)(1)];
(b)
Identify any modifications of which the County is aware that would permit it to approve the conditional use permit [Code of Virginia, § 15.2-2316.4:1(E)(2)]; and
(c)
Have supporting substantial record evidence in a written record publicly released within 30 days of denial [Code of Virginia, § 15.2-2316.4:1(F)(2)].
D.
Maintenance of existing facilities and/or structures and replacement of existing facilities and/or structures within a six-foot perimeter with substantially similar or same size or smaller facilities and/or structures are exempt from fees and permitting requirements under this section. [Code of Virginia, § 15.2-2316.4:3(A)]
E.
Any facility or structure permitted by this section that is not operated or used for a continuous period of 12 months shall be considered abandoned, and the owner of such facility or structure shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development. If the facility or structure is not removed within the ninety-day period, the County may remove the facility and a lien may be placed to recover expenses. [Code of Virginia, § 15.2-2316.4(B)(6); based on current County Code § 165-204.19B(7)].
§ 165-204.20 Trailers, temporary.
A.
Temporary trailers shall be allowed as a part of construction projects. However, they shall not be used for residential purposes. In addition, temporary trailers shall be removed before a final certificate of occupancy is issued for the use under construction. All such trailers shall meet applicable requirements of the Frederick County Code. In general, the trailers shall remain only where specifically allowed by this chapter and only if all applicable requirements are met. Permits for such trailers will be for a maximum of one year. Applicants for such permits shall furnish an affidavit to the Zoning Administrator, stating that the use shall be limited as required.
B.
Temporary mobile homes used for residential purposes shall only be allowed in the RA Rural Areas Zoning District. Such temporary mobile homes may be used on a lot where a single-family home is being constructed only if an affidavit is provided to the Zoning Administrator stating that the mobile home will be removed before a final certificate of occupancy is issued for the single-family home. In such cases, a permit shall be obtained for the mobile home and the mobile home shall meet all requirements of the Frederick County Code. Permits for such mobile homes shall be for a maximum of one year.
§ 165-204.21 Truck or fleet maintenance facilities and truck rental and leasing facilities, without drivers.
[Added 6-9-1993; amended 2-7-1995]
Where allowed, truck or fleet maintenance facilities and truck rental and leasing facilities without drivers, shall meet the following requirements:
A.
In the M-1 Light Industrial District, truck or fleet maintenance facilities shall only be permitted in industrial parks.
B.
Truck or fleet maintenance facilities may have fuel service, provided that it is limited to one gasoline storage tank of 10,000 gallons or less and one diesel storage tank of 10,000 gallons or less.
C.
All repair and maintenance operations shall occur within a completely enclosed structure.
D.
Outdoor storage of parts associated with repair and maintenance shall not be permitted.
E.
Retail sale of fuel shall not be permitted.
F.
The Zoning Administrator may require additional buffers and screening other than those defined in § 165-203.02 of this chapter.
[Amended 9-26-2012]
§ 165-204.22 Farm wineries, farm breweries and farm distilleries.
[Added 12-9-2009; amended 8-12-2015]
Farm wineries, farm breweries and farm distilleries in the RA (Rural Areas) District shall meet the following requirements:
A.
Farm wineries. A farm winery shall be licensed as a Class A or Class B farm winery in accordance with § 4.1-207 of the Code of Virginia, as amended, and shall be located in the RA (Rural Areas) District. No farm winery shall be established until an illustrative sketch plan has been approved. All activities specified under § 15.2-2288.3E of the Code of Virginia shall be permitted.
B.
Farm breweries (limited brewery). A farm brewery shall be licensed as a limited brewery in accordance with § 4.1-208 of the Code of Virginia, as amended, and shall be located in the RA (Rural Areas) District. No limited brewery shall be established until an illustrative sketch plan has been approved. All activities specified under § 15.2-2288.3:1 of the Code of Virginia shall be permitted.
C.
Farm distilleries (limited distiller). A farm distillery shall be licensed as a limited distiller in accordance with § 4.1-206 of the Code of Virginia, as amended, and shall be located in the RA (Rural Areas) District. No limited distillery shall be established until an illustrative sketch plan has been approved. All activities specified under § 15.2-2288.3:2 of the Code of Virginia shall be permitted.
D.
The following activities are permitted accessory uses at farm wineries, breweries and distilleries:
E.
Events shall be permitted only on farm wineries, farm breweries and farm distilleries of 10 acres or larger. Events for the purposes of this section shall include but are not limited to meetings, conferences, dinners, festivals, and wedding receptions.
[Amended 1-26-2022]
F.
An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County for all farm wineries, distilleries and breweries.
G.
Farm wineries, breweries and distilleries that share a private access easement with another property owner/s must show the easement allows a use of this type or written permission must be obtained by the sharing parties.
§ 165-204.23 Welding repair.
[Added 12-9-2009; amended 9-26-2012; 12-13-2023]
A.
Welding repair operations in the RA (Rural Areas) District shall meet the following requirements:
(1)
Hours of operation shall not exceed 7:00 a.m. through 7:00 p.m., Monday through Saturday.
(2)
Total building area shall not exceed 7,500 square feet.
(3)
All outdoor storage or repair areas shall be screened by a six-foot board-on-board fence, evergreen screen or berm.
(4)
The Board of Supervisors may require buffer and screening elements and/or distance when deemed necessary to protect existing adjacent uses.
§ 165-204.24 Tractor truck and tractor truck trailer parking.
[Added 5-12-2010; amended 12-11-2019]
Tractor truck and/or tractor truck trailer parking facilities in the B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts permitted as a primary use with a conditional use permit. The facilities shall not be located adjacent to residential uses. These lots shall meet the following conditions:
A.
All areas utilized for the parking of tractor trucks and the storage of trailers shall utilize a gravel or paved surface.
B.
All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud, gravel or the like is not distributed onto roadways.
C.
No inoperable tractor trucks or damaged/salvage trailers, or unlicensed trailers shall be parked or stored on the site.
D.
Fuel sales shall not be permitted.
E.
Maintenance of trucks and trailers shall not be permitted.
F.
Facilities shall be required to landscape the yard area within the front setback to provide for a double row of evergreen trees that are staggered and planted a maximum of 12 feet on center. The side and rear yards shall be planted with a single row of evergreen trees that are planted a maximum of 40 feet on center. All trees shall be a minimum of four feet in height at the time of planting. The Board of Supervisors may allow for alternative landscaping based on topography and/or adjacent land uses.
§ 165-204.25 Flea markets.
[Added 11-10-2010]
Flea markets, where allowed in the RA (Rural Areas) Zoning District, shall meet the following requirements.
A.
Property size shall be a minimum of six acres not to exceed 15 acres.
B.
The site must have direct frontage and access to a collector or arterial roadway. All entrances shall conform to VDOT standards.
C.
Flea markets may be located indoors or outdoors.
D.
Flea markets shall only be permitted to operate Friday through Sunday and on holidays.
E.
Required onsite parking shall be one space per 400 square feet of enclosed floor area and one space per 3,000 square feet of outdoor display area.
F.
All parking spaces and travel aisles shall be graveled. The Board of Supervisors may require, through the conditional use permit process, that all travel aisles and/or parking spaces be paved with a minimum double prime and seal or alternative dust free surface.
G.
All items displayed for sale shall be located within designated vendor spaces.
H.
A Category B Zoning District Buffer shall be required along any adjacent parcel six acres in size or less that is used for residential purposes. A Category B Zoning District Buffer shall also be required along any adjacent property where a dwelling is located 50 feet or less from the proposed flea market property.
I.
When adjacent to property primarily used for purposes other than residential, fencing (wire type, nonopaque) shall be provided along the property line.
§ 165-204.26 Public utilities.
[Added 9-14-2011; amended 1-8-2020]
1.
Public utilities. Lot requirements for lots used by political subdivisions, municipal corporations, the Virginia Department of Transportation, the Frederick-Winchester Service Authority, or the Frederick Water for public utility purposes shall be as follows:
A.
In all zoning districts, the Zoning Administrator shall have the authority to determine the minimum lot size necessary for such public utilities and the appropriate setbacks for such lots used for public utility purposes.
B.
Such lots shall be exempt from the individual on-site sewage disposal system requirements.
C.
Such lots may be accessed by private access easements; any such easement shall be a minimum of 15 feet in width.
2.
Utility-scale solar power generating facilities.
A.
Any owner, lessee, or developer of real property for the purposes of solar power energy generation shall enter into a written agreement, prior to site plan approval, with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of § 15.2-2241.2(B) of the Code of Virginia.
§ 165-204.27 Temporary family health care structures.
[Added 8-14-2013]
Where allowed, a temporary family health care structure shall meet the following requirements:
A.
A temporary family health care structure shall be permitted for use by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver as his residence as a permitted accessory use. Outside agencies or persons not residing on the property may provide care for the mentally or physically impaired person residing in the structure.
B.
No temporary family health care structure shall be installed without first obtaining a permit. The permit holder shall provide the County with evidence of compliance on an annual basis as long as the temporary family health care structure remains on the property.
C.
Only one temporary family health care structure shall be placed on a lot or parcel of land. Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure.
D.
Any temporary family health care structure shall be connected to the water, sewer, and electric utilities serving the primary residence on the property and shall comply with all applicable requirements of the Virginia Department of Health.
E.
No signage advertising or otherwise promoting the existence of the temporary family health care structure shall be permitted either on the exterior of the structure or elsewhere on the property.
F.
Any temporary family health care structure installed pursuant to this section shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance provided by the structure.
G.
The Zoning Administrator may revoke the permit granted pursuant to Subsection A above if the permit holder violates any provision of this section or the Code of Virginia. Additionally, the local governing body may seek injunctive relief or other appropriate actions or proceedings in the circuit court of that locality to ensure compliance with this section. The Zoning Administrator is vested with all necessary authority on behalf of the governing body of the locality to ensure compliance with this section.
§ 165-204.28 Height waivers in B3 (Industrial Transition), TM (Technology-Manufacturing Park), EM (Extractive Manufacturing), M1 (Light Industrial) and M2 (Industrial General) Districts.
[Added 11-13-2013; amended 4-9-2025]
Waiver requests for height increases in the B3, TM, EM, M1 and M2 Zoning Districts shall adhere to the following requirements:
A.
Architectural renderings of the proposed structure shall be submitted for review by the Planning Commission and the Board of Supervisors.
B.
The Board of Supervisors may require buffer and screening elements and/or additional distance when deemed necessary to protect existing adjacent uses.
C.
The Board of Supervisors may require additional conditions as deemed necessary.
D.
This waiver shall not be permitted to increase the height of any signage regulated by § 165-201.06.
E.
The Planning Commission and the Board of Supervisors shall hold a public hearing for any height waiver request.
§ 165-204.29 Commercial recreation, indoor.
[Added 1-11-2017; amended 3-8-2023]
Commercial indoor recreation located in the M1 (Light Industrial) District and the TM (Technology-Manufacturing) District shall be subject to the following requirements:
A.
Parking areas for recreation facilities shall be designated to enhance the safety of patrons as they arrive at and leave the facility.
B.
Adequate parking shall be provided on site or through a shared parking agreement per § 165-202.01.
C.
Establishments shall include a designated pickup and delivery area for all patrons in such a way that provides safe and clearly designated access to enter or exit the facility.
D.
All uses shall be operated indoors; outdoor recreation shall be prohibited.
§ 165-204.30 Special event facilities.
[Added 5-24-2017; amended 12-11-2019; 1-8-2025]
Special events facilities, where allowed in the RA (Rural Areas) District, shall be subject to the following requirements:
A.
An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted with the conditional use permit application. This plan shall identify access for the facility, the location of all parking areas, the location and square footage for all structure(s) to be used, and the location of sewage disposal facilities.
B.
All structures associated with a special events facility shall require a review and approval by the Building Official.
C.
Private entrances, driveways, and all travel ways accessing the required off-street parking areas shall be provided with a gravel surface or an approved equivalent.
D.
Adequate area for off-street parking on stable ground shall be provided for the special events center. Parking areas shall be maintained regularly, free of mud, and stabilized with vegetation. Tracking of mud and debris onto roadways is not permitted. Parking related to or required for other approved businesses or business activity on the property shall meet the requirements of § 165-202.01 for off-street parking and parking lots. At no time shall the parking of vehicles obstruct vehicular traffic or impede access to emergency services. Accessible parking shall be provided as required by the Virginia Uniform Statewide Building Code.[1] The Board of Supervisors may require through the conditional use permit process that all travel aisles and/or parking spaces be graveled, paved with a minimum double prime and seal, or alternative surface. Additional requirements may be required as determined by the Frederick County Fire Marshal to maintain fire department apparatus access.
[1]
Editor's Note: See § 36-97 et seq. of the Code of Virginia.
E.
Portable toilets shall be permitted for special event facilities, provided that they are screened from all adjoining properties and roads by topography, structures or new or existing landscaping.
F.
Special events facilities that share a private access easement with another property owner/s must show the easement allows a use of this type or written permission must be obtained by the sharing parties.
§ 165-204.31 Doctors of medicine, dentists and other health practitioners in RP District and RA District.
[Added 7-12-2017]
Doctors of medicine, dentists and other health practitioners in the RP (Residential Performance) District and the RA (Rural Areas) District shall be subject to the following requirements:
A.
Excluding buffers and screening, the use and site shall adhere to, and implement, General Business (B2) Zoning District design standards;
B.
Buffers and screening (including distance, opaque elements, and landscaping) shall be determined by the Zoning Administrator;
C.
The use must front on and be accessed via a collector or arterial roadway;
D.
The primary use of the structure shall be the doctor' s office; and
E.
The use shall not be located within a residential development/subdivision.
§ 165-204.32 Country general store without fuel sales.
[Added 11-13-2019]
Country general stores located in the RA Rural Areas Zoning District shall meet the following requirements:
A.
A country general store may not exceed 3,500 square feet of gross retail floor area.
B.
Country general stores may not include accessory fuel sales.
C.
A site plan shall be submitted to and approved by Frederick County prior to the establishment of the use.
D.
B2 General Business Zoning District standards apply, including building height, building and parking setbacks, buffering, screening, and landscaping standards.
E.
All new buildings require building permits reviewed and approved by Building Inspections. Existing buildings should conform to the requirements under Article IX.
F.
Any expansion of an approved country general store requires approval of a new conditional use permit (CUP).
Note: Retail uses with a square footage in excess of 3,500 square feet or with fuel sales shall be located within or adjacent to a designated rural community center, as defined in the Comprehensive Plan, and/or require a rezoning application to a business district. |
§ 165-204.33 Boat repair shop.
[Added 4-14-2021]
All boat repair uses shall meet the following requirements:
A.
All repair activities shall take place entirely within an enclosed structure.
B.
All exterior storage of parts, equipment, and boats shall be screened from view of surrounding properties by an opaque fence or screen a minimum of six feet in height. This fence or screen shall be adequately maintained.
C.
In the RA, M1, and M2 Zoning Districts, the sale or resale of boats shall not be permitted as an accessory or secondary use to a boat repair shop.
§ 165-204.34 Agricultural supply cooperatives.
[Added 6-9-2021]
Agricultural supply cooperatives located in the RA (Rural Areas) Zoning District shall meet the following requirements:
A.
The sale of agricultural and garden machinery shall only be permitted as an accessory use.
B.
The repair of agricultural and garden machinery shall be prohibited.
C.
The on-site sale of gasoline, off-road diesel, and other liquid fuels shall not be permitted on premises, however off-site sale (via delivery) of gasoline, off-road diesel, and other liquid fuels shall be permitted, and propane shall be permitted to be sold on the premises.
D.
A site plan shall be submitted to and approved by Frederick County prior to the establishment of the use.
E.
B2 (General Business) Zoning District standards apply, including but not limited to building height, building setbacks, parking setbacks, buffering, screening, and landscaping.
§ 165-204.35 Short-term lodging.
[Added 9-28-2022]
Where permitted, short-term lodging shall meet the following requirements:
A.
The maximum number of lodgers per night shall not exceed 10 unrelated persons, except where the Uniform Statewide Building Code permits only a fewer number of occupants.
B.
No more than five guest rooms are permitted for short-term lodging.
C.
The maximum number of rental contracts for a short-term lodging dwelling unit per night is one. All lodgers occupying the short-term lodging dwelling unit must be associated with the same rental contract.
D.
A dwelling or manufactured home used for short-term lodging shall comply with the following standards:
(1)
Be available for inspection by the County during reasonable hours and in accordance with the Zoning Ordinance. Comply with the requirements of the applicable version of the Virginia Uniform Statewide Building Code or Virginia Manufactured Home Safety Regulations, as determined by the Building Official.
(2)
Have a working multipurpose fire extinguisher, smoke detectors and carbon monoxide detectors (when required for a fireplace or gas service).
(3)
Have a plan posted inside the door of each sleeping room showing the exit pathway from the sleeping room used for short-term lodging to the nearest exit from the dwelling or manufactured home.
(4)
Have at least two designated off-street parking spaces available for lodgers which the operator has the authority to reserve for short-term lodging purposes.
E.
Special events, as defined in Part 101 of this chapter, are prohibited in association with short-term lodging use.
F.
No short-term lodging activity shall take place on the property until the Department of Planning and Development has approved a short-term lodging administrative permit for the use and the Commissioner of the Revenue has approved a business license for the use.
§ 165-204.36 Adult retail.
[Added 12-13-2023]
Adult retail uses meeting the minimum requirements of this chapter, any conditions imposed by the Board of Supervisors, and with the following minimum conditions:
A.
Such uses shall be located at least 2,500 feet from the property line of existing adult retail uses, schools, churches and places of worship, parks, day-care facilities and residential uses and districts.
[Amended 7-10-2024]
B.
Such uses shall not be permitted in shopping centers and/or multitenant buildings.
C.
All merchandise display areas shall be limited to enclosed structures and shall not be visible from the outside.
D.
Business signs shall not exceed a maximum of 25 square feet. No wall-mounted signs or window displays shall be permitted.
E.
Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m.
§ 165-204.37 Home occupations.
[Added 4-24-2024]
Where permitted, home occupations shall meet the following requirements:
A.
All or part of the business, such as a home office, is conducted within the principal building or structure. In the RA (Rural Areas) Zoning District, a home occupation may be carried on in an accessory building or structure.
B.
Is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no exterior display, no exterior storage of materials and no exterior indication of the occupation or variation from the residential character of the principal building and neighborhood.
C.
Produces no offensive noise, vibrations, smoke, dust, heat, odor, glare, traffic hazard or congestion and does not adversely affect the surrounding properties.
D.
No more than five people, not residing on the premises, are permitted per day, including customers and/or employees.
E.
One business vehicle is allowed. Commercial vehicles as defined in § 165-101.02 are prohibited.
§ 165-204.38 Cottage occupations.
[Added 4-24-2024]
Where permitted, cottage occupations shall meet the following requirements:
A.
All or part of the business, such as a home office, is conducted within the principal residential building or an accessory building or structure.
B.
Is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no exterior display, no exterior storage of materials and no exterior indication of the occupation or variation from the residential character of the principal building and neighborhood.
C.
Allows for up to 10 people, not residing on the premises, including customers and/or employees per day.
D.
One or more commercial vehicles are allowed as defined in § 165-101.02.
§ 165-204.39 Retail stores (drug, health, and personal care).
[Added 7-10-2024]
Retail stores (drug, health, and personal care) located in the B1 (Neighborhood Business) District shall meet the following requirements:
A.
Maximum building square footage used for retail sales shall not exceed 15,000 square feet.
§ 165-204.40 Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities.
[Added 7-10-2024]
Where allowed, facilities shall have an approved site plan meeting the following conditions:
A.
All principal activities shall take place entirely within an enclosed structure.
B.
All outdoor facilities shall be incidental to the principal facility or activity.
C.
No facility or activity shall be erected or conducted less than 30 feet from any residential district or area within other districts which are predominantly residential in nature.
§ 165-204.41 Data centers.
[Added 4-9-2025]
All data centers must meet the following requirements:
A.
Prior to the approval of a rezoning application or conditional use permit, the following shall be provided:
(1)
A site assessment to examine the sound profile of the data center on residential units and schools located within 500 feet of the data center property boundary in accordance with Subsection E.
(2)
A site assessment evaluating the effect of the proposed facility on: (i) ground and surface water resources; (ii) agricultural resources; (iii) parks; (iv) registered historic sites; and (v) forestland on the data center site or immediately contiguous land.
(3)
Details of any new or existing substations that will be used to serve the data center and the anticipated transmission voltage required to serve the data center.
B.
Generator testing and cycling shall be limited to weekdays (Monday to Friday) between the hours of 8:00 a.m. to 5:00 p.m. Notwithstanding the foregoing, all noise generated by any on-site generator shall comply with County Code § 165-201.12.
C.
Mechanical equipment.
(1)
Location. Ground-mounted mechanical equipment shall be prohibited in the primary setback.
(2)
Screening. Ground-mounted and rooftop mechanical equipment shall be screened from public roadways and adjoining properties on all sides.
(a)
Generators. All generators shall be enclosed with a manufacturer-approved enclosure or located within the primary structure.
(b)
Other mechanical equipment. An opaque screen shall be provided by either the principal building, louvered wall, or equivalent screen approved by the Zoning Administrator. The maximum height of the opaque screen should correspond to the tallest piece of equipment being shielded from view.
D.
Setback and screening requirements.
(1)
Structures must be set back at least 200 feet from the common property line when adjoining land is zoned RA, RP, R4, R5 and MH1. Otherwise, the base zoning district dimensional standards shall apply.
(2)
A category C full-screen-type buffer shall be provided around the perimeter of the property. If the adjoining property is zoned B3, TM, M1, or M2, no buffer is required.
E.
Noise and noise monitoring.
(1)
The applicant shall submit an Environmental Noise Impact Assessment prepared by a qualified full member of the Acoustical Society of America (ASA), a member of the Institute of Noise Control Engineering (INCE), or a member of the National Association of Acoustical Consultants (NCAC). The purpose of such noise impact assessment, modeled in SoundPLAN, CadnaA, or accepted equivalent, shall model anticipated noise levels as a result of facility operation and establish a baseline noise level prior to approval of a rezoning or conditional use permit.
(2)
A noise study certifying noise levels shall be conducted 12 months after the issuance of the first certificate of occupancy (CO) and every five years thereafter. Each noise study shall be submitted for review to the Zoning Administrator and/or his/her designee to assess the actual impact of the completed project.
(a)
The measurement of sound or noise pursuant to this section shall be as follows:
[1]
The measurement of sound or noise shall be made with a Type 1 or Type 2 sound level meter which meet the standards prescribed in ANSI S1.4:2014, Specification for Sound Level Meters. The instruments shall be maintained in calibration and good working order. A minimum of three sound level readings shall be taken. The average of these readings will be used as the average sound level. If the background noise is equal to the levels set forth in this section, 3 dB shall be subtracted out of the average sound level.
[2]
The slow meter response of the sound level meter shall be used to determine that the average amplitude has not exceeded the dBA readings or the limiting noise spectra set forth in this section.
[3]
Unless otherwise specified, the measurement shall be taken at the property boundary on which such noise is generated.
(b)
Any additions, alterations, or expansion of a facility or its equipment shall require a new noise impact assessment to be submitted and approved by the Zoning Administrator.
(c)
If the post construction noise study exceeds the maximum noise level permitted, additional noise mitigation strategies, improvements, or operational changes shall be required.
(3)
Any equipment necessary for cooling, ventilating, or otherwise operating the facility, including power generators or other power supply equipment on the property, whether ground-mounted or roof-mounted, shall include the following noise-mitigation elements:
The owner shall provide documentation, in the form of technical specifications, photographs, and/or engineered plans, of the above mitigation measures contained in Subsection E(3) with each building permit for a data center building on the property and shall further provide documentation that such measures have been installed concurrently with each occupancy.
§ 165-204.42 Backyard chickens and chicken coops.
[Added 5-14-2025]
Backyard chickens and coops located in the R4 (Residential Planned Community) and R5 (Residential Recreational Community) Zoning Districts shall meet the following requirements:
A.
Roosters and other species of fowl are prohibited.
B.
Chickens shall be permitted accessory to single-family detached residences only. A maximum of six chickens (hens only) shall be permitted with one single-family detached residence.
C.
Chicken coops and pens shall meet the setbacks for accessory structures in the RP (Residential Performance) Zoning District contained in § 165-402.09M and shall not be placed in the front setback yard required for the primary use per § 165-201.02E.
E.
Chicken waste shall be stored in an enclosed container and properly disposed of by composting or other means to not create a nuisance.
F.
Chicken feed shall be stored in an enclosed, vermin-proof container.