Frederick County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE III
Permits and Applications
§ 165-301.01 Preapplication conference.
A.
Prior to submission of an application for a Master Development Plan (MDP), rezoning, or Conditional Use Permit (CUP), the Department of Planning and Development staff may require, or an applicant may request, a preapplication conference. The purpose of the preapplication conference is to:
(1)
Review and discuss the nature of the proposal in relation to the requirements of the County Code and to discuss the preparation of a MDP, rezoning, or CUP application;
(2)
The proposed development and the necessary application materials;
(3)
Which agency review will be needed; and
(4)
Whether a review by the Historic Resources Advisory Board (HRAB) is needed.
B.
If required, the applicant shall provide a land use plan at the preapplication conference which describes the following:
(1)
The general location of the site;
(2)
The general location of proposed roads;
(3)
The general location and types of proposed uses, environmental features on the site, housing types or open space; and
(4)
The uses on adjoining properties.
§ 165-301.02 Application forms.
Applications for Site Plans, MDPs, Variances, CUPs, Certificates of Appropriateness (COA), Zoning Permits, or amendments to the chapter or Official Zoning Map and any other request requiring action shall be made on forms provided by the Zoning Administrator.
§ 165-301.03 Application fees, delinquent taxes, and charges.
A.
Every application or reapplication shall be accompanied by a fee as established by a fee schedule separately adopted by the Board of Supervisors.
B.
Pursuant to Code of Virginia, § 15.2-2286, every application shall include proof that all property taxes due and payable to the County are paid and that no delinquent taxes are outstanding.
§ 165-301.04 Ownership disclosure.
A.
Pursuant to Code of Virginia, § 15.2-2289, the Board of Supervisors, the Planning Commission, and the Board of Zoning Appeals (BZA) may require from an applicant for rezoning, a CUP, or variance a complete disclosure of the equitable ownership of the real estate for which the application has been made including, in the case of corporate ownership, the name of stockholders, officers, and directors and in any case, the names and address of all real parties in interest.
(1)
However, listing of names of stockholders, officers and directors shall not apply to a corporation whose stock is traded on a national or local stock exchange and which has more than 500 shareholders. In the case of a condominium, this requirement only applies to the title owner, contract purchaser, or lessee of 10% or more of the units in the condominium.
§ 165-301.05 Minimum submission standards.
A.
The Director of Planning and Development and Zoning Administrator shall develop application forms and establish minimum standards for submission requirements of all applications associated with the Zoning Ordinance. Applications shall contain all information required to meet the minimum standards.
B.
Upon written request by an applicant, the Director of Planning and Development or Zoning Administrator may waive or modify a submission requirement(s), except for processing and review fees, upon a determination that the information is not necessary to evaluate the merits of the application. Such waivers or modifications are for application requirements only and do not include variances or modifications from district or use standards.
C.
Additional information may be required as deemed reasonably necessary by the Zoning Administrator or Director of Planning and Development in order to fully evaluate an application.
§ 165-301.06 Reconsiderations.
A.
The following shall apply for all zoning text and map amendments, conditional zonings, CUPs, and variance applications:
(1)
If denied by the Board of Supervisors, Planning Commission, or BZA, then such application, or one substantially similar, shall not be reconsidered sooner than 12 months from the date of the previous denial.
(2)
If denied by the BZA, then such application, or one substantially similar, shall not be reconsidered sooner than 12 months after the previous denial.
B.
The limits on reconsideration shall not impair the right of either the Planning Commission or the Board of Supervisors to propose any amendment to this chapter on their motion at any time.
§ 165-302.01 In general.
Pursuant to Code of Virginia, § 15.2-2286(A)(7), whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Board of Supervisors may, from time to time, amend, supplement or change, by ordinance, the boundaries of the Zoning Districts or the provisions of this chapter.
§ 165-302.02 Standards and procedures.
A.
Initiation of change. Pursuant to Code of Virginia, § 15.2-2286(A)(7), any zoning text or map amendment (rezoning) may be initiated by one of the following methods:
(1)
By resolution of the Board of Supervisors;
(2)
By motion of the Planning Commission; or
(3)
By petition of the owner, contract purchasers with the owner's consent, or by the owner's agent for the property which is the subject of a proposed rezoning.
B.
Impact analysis.
(1)
A report analyzing the impacts of any rezoning shall be required to be submitted by the applicant with any rezoning application. The Director of Planning and Development may exempt rezoning applications from this requirement if the application is for less than five acres and if no significant impacts are anticipated.
(2)
The impact analysis must include all information required in the application form, in addition to any other information the Director of Planning and Development deems reasonably necessary to evaluate the potential impacts of the proposed rezoning.
(3)
The impact analysis shall be in the form of a report meeting standards set forth in the Comprehensive Plan and standards established by the Director of Planning and Development.
(4)
In general, the impact analysis shall assume the maximum density or intensity of development allowed under the rezoning classification. Lesser densities or intensities may be assumed if such lesser densities or intensities are proffered as conditions on the rezoning.
(5)
The impact analysis may be based on a Master Development Plan or Site Plan only if the Plan is proffered as a condition of the rezoning.
(6)
If cash proffers are proposed, the impact analysis should address the factors set forth in Code of Virginia, §§ 15.2-2298 and 15.2-2303.4.
C.
Standards for review.
(1)
As soon as a complete application and fees have been received, the Director of Planning and Development shall advertise the application for a public hearing at the next available Planning Commission meeting in accordance with the requirements of the Code of Virginia and of this chapter.
(2)
The Planning Commission shall hold at least one public hearing on any proposed amendment after notice as required by Code of Virginia, § 15.2-220,4 and this chapter and may recommend appropriate changes in the proposed amendment as a result of such hearing.
(3)
Upon completion of its work, the Planning Commission shall present the proposed amendment to the Board of Supervisors, together with its recommendations and the appropriate explanatory materials, within 100 days after the first Planning Commission meeting following the referral of the amendment to the Planning Commission, unless a shorter period is directed by the Board of Supervisors. Failure of the Planning Commission to make a report and recommendation within this time period shall be construed as a recommendation of approval of the proposed amendment.
(4)
Before approving and adopting any amendment, the Board of Supervisors shall hold at least one public hearing, pursuant to Code of Virginia, § 15.2-2285, after which the Board of Supervisors may make appropriate changes or corrections in the proposed amendment, subject to the following:
(a)
The Board shall act on rezoning petitions within 12 months after the time when the petition was received by the Zoning Administrator.
D.
Standards for review for R4 and R5 districts. In addition to Subsections A through C, above, the following apply to rezonings to the R4, Residential Planned Community and R5, Residential Recreational Community Districts:
(1)
The rezoning shall be reviewed and approved following the rezoning procedures described by this article, including procedures for impact analysis and conditional zoning.
(2)
In order to have land rezoned to an R4 or R5 District, a MDP meeting all requirements of Part 306 of this article shall be submitted with the rezoning application.
(a)
In adopting the rezoning, the MDP submitted may be accepted as a condition proffered for the rezoning.
(b)
The MDP review procedures described by Part 306 of this article shall also be completed concurrently with or following consideration of the rezoning.
(3)
An impact analysis, as required by this article, shall be used to evaluate all potential impacts, including impacts on surrounding lands, the environment and on public facilities and services.
(4)
The MDP shall provide for land and easements to be dedicated in residential recreational community developments for public roads and public facilities necessary to serve the development.
(5)
The Board of Supervisors may approve the addition of land to an approved recreational residential community through the procedures set forth in this article for the original approval of a residential recreational community development.
Figure III-1: Rezoning Process  |
§ 165-303.01 Purpose and intent.
Conditional zoning provides a method for permitting the reasonable and orderly development of land through zoning map amendments with reasonable conditions governing the use and development of such property. As authorized under Code of Virginia, §§ 15.2-2296 through 15.2-2303.4, reasonable conditions may be voluntarily proffered for the protection of the community when combined with existing Zoning Ordinance provisions. The exercise of authority will not be construed to limit or restrict powers otherwise granted nor to affect the validity of any ordinance adopted by the Board of Supervisors which would be valid without regard to this division. In addition, the provisions of this Part may not be used for the purpose of discrimination in housing.
§ 165-303.02 Standards and procedures.
A.
Standards.
(1)
The applicant for a rezoning may proffer in writing, before the public hearing by the Board of Supervisors, conditions to be placed on the approval of the rezoning.
(2)
Proffers shall be submitted in writing and signed by the owner and applicant at least five days prior to the advertised hearing of the Board of Supervisors.
(3)
The conditions proffered shall meet the following standards:
(a)
The rezoning itself shall give rise to the need for the conditions;
(b)
Such conditions shall have a reasonable relation to the rezoning; and
(c)
All conditions shall be in conformity with the Comprehensive Plan.
(4)
All proffers shall be in a written form suitable for recordation in the land records of Frederick County.
B.
Procedures. Proffers should be presented to and considered by the Planning Commission at the advertised public hearing for the rezoning. The Planning Commission shall make a recommendation on the acceptance of any proffers and the rezoning to the Board of Supervisors following the procedures described in Part 302 of this Article.
C.
Cash proffers. As provided in Code of Virginia, § 15.2-2298, reasonable conditions proffered in connection with a rezoning may include the payment of cash for any off-site road improvement or any off-site transportation improvement that is adopted as an amendment to the Comprehensive Plan and incorporated into the County capital improvements program (CIP), provided that such proffers may be accepted for matters not normally included in a CIP.
§ 165-303.03 Amendments and variations prior to final.
A.
Prior to final decision. The Board of Supervisors may accept amended proffers prior to final decision if they:
(1)
Do not affect the conditions of use or density in such a way as to make the use or density of the property more intense than originally proposed.
(2)
Do not materially affect the overall proposal and are made voluntarily, and in writing, prior to the end of the public hearing by the Board of Supervisors on the rezoning request.
B.
Amendments after approval. Once the Board of Supervisors has approved proffered conditions, no material amendment or variation of such adopted conditions will be made until public hearings, in accordance with Part 312 of this article, have been held before the Board of Supervisors and the Planning Commission.
C.
Waiver of public hearings for minor changes. In accordance with Code of Virginia, § 15.2-2302, when an amendment to a previously approved proffered condition is requested by the applicant, and where such amendment does not affect conditions of use or density, the Board of Supervisors may, in its discretion, waive the requirements for Planning Commission referral and a public hearing before either the Planning Commission or itself.
§ 165-303.04 Effect of condition; period of validity.
A.
Once accepted and adopted by the Board of Supervisors, proffered conditions may only be changed through the procedures required for amendments as described by this article.
B.
Pursuant to Code of Virginia, § 15.2-2297, once proffered and accepted as part of an amendment to the Zoning Ordinance, proffered conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions. However, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance.
C.
In the event proffered conditions include a requirement for dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment to the zoning map for the property such to such conditions, nor the conditions themselves, nor any amendments to the text of this chapter with respect to the applicable zoning district that are initiated by the Board of Supervisors or the Planning Commission, which eliminate or materially restrict, reduce, or modify the uses, floor area ratio, or the density of use permitted in the applicable zoning district shall be effective with respect to the property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.
D.
Proffered conditions relating to new residential development shall comply with Code of Virginia, § 15.2-2303.4.
§ 165-303.05 Record of conditional zoning.
A.
If the Board of Supervisors approves proffered conditions as part of a rezoning, the Zoning Administrator shall record such conditional zoning as part of the maintained Conditional Zoning Index, in accordance with Code of Virginia, § 15.2-2300.
B.
Frederick County shall expend, track, and monitor all cash proffers in accordance with Code of Virginia, § 15.2-2303.02.
§ 165-303.06 Enforcement of conditions.
A.
Pursuant to Code of Virginia, § 15.2-2299, the Zoning Administrator shall enforce the conditions proffered in connection with a rezoning, in accordance with Article II, Administration, Part 204, Enforcement, of this chapter.
(1)
The Board of Supervisors may require a guaranty, satisfactory to the Board, in an amount sufficient for the construction of any improvements required by the conditions, or may accept a contract for the construction of such improvements. The applicants' guaranty shall be reduced or released by the Zoning Administrator upon the completion, in whole or in part, of such improvements.
(2)
Failure to meet or comply with any such conditions shall be sufficient cause to deny the approval of Site Plans, Subdivision Design Plans, or the issuance of building permits, occupancy permits or other permits or licenses, as may be appropriate.
B.
In lieu of any appeal procedure for determinations of the Zoning Administrator to the BZA as otherwise set forth, appeals of decisions of the Zoning Administrator concerning enforcement under this section shall proceed as follows:
(1)
Any applicant or any other person aggrieved by a decision of the Zoning Administrator under this section may petition the Board of Supervisors for review of such decision by filing a petition for review with the Zoning Administrator and the Clerk of the Board of Supervisors within 30 days after the date of the decision for which review is sought. A decision of the Board of Supervisors on an appeal under this subsection shall be binding upon the owner of the property only if the owner has been provided written notice of the zoning violation, written determination, or other appealable decision.
(2)
Any party aggrieved a decision of the Board of Supervisors under this subsection may petition the Circuit Court of the County to review the decision of the Board of Supervisors within 30 days after such decision.
§ 165-304.01 Intent and applicability.
A.
In accordance with Code of Virginia, § 15.2-2286, certain uses in each zoning district are listed as being allowed with a Conditional Use Permit (CUP), in accordance with Article VI, Use Matrix, of this chapter.
B.
Conditional uses are uses which have or may have a greater impact on neighboring properties or the public than those uses permitted in the district as a matter of right. Such uses may be permitted only if its impacts can be adequately mitigated through the imposition of conditions upon the use. Pursuant to Code of Virginia, § 15.2-2286(A)(3), the Board of Supervisors hereby reserves unto itself the power to act upon applications for CUPs.
§ 165-304.02 Standards and procedures.
A.
Standards. In considering whether to approve a CUP, the Board of Supervisors shall consider the following standards:
(1)
The conditional use shall not tend to change the character and established pattern of development of the area of the proposed use.
(2)
The conditional use shall be in harmony with and shall not adversely affect the use and enjoyment of surrounding properties.
(3)
The conditional use shall be in accord with the policies expressed in the Comprehensive Plan of the County and with the intent of this chapter.
(4)
The conditional use shall not adversely affect the natural character and environment of the County.
(5)
The CUP shall be approved only if adequate facilities, roads, safe access, drainage, and other infrastructure exist or are provided.
(6)
The conditional use shall conform with all applicable regulations of the district in which it is located.
B.
Application. Procedures for applying for and approving a CUP shall be the same as those described in § 165-302.02, above.
(1)
The Zoning Administrator may require that the application for a CUP be accompanied by a Site Plan in order to provide sufficient information to allow full consideration by the Planning Commission and Board of Supervisors.
(2)
Site Plan requirements may be waived by the Zoning Administrator in accordance with § 165-301.05B.
C.
Types of conditions. In granting a CUP, the Board of Supervisors may place appropriate conditions on the permit, subject to the following requirements:
(1)
Conditions shall be reasonably related to the proposed use and reasonably necessary to address the impacts of that specific application.
(2)
Conditions shall not be arbitrary or unrelated to the proposed development or use and must be warranted by the circumstances of the particular case, in accordance with Code of Virginia, § 15.2-2286.
(3)
Such conditions shall be considered to be a part of the requirements of this chapter; violations of the established conditions shall constitute violations of this chapter.
(4)
Where the applicant proposed affordable housing, conditions must be consistent with the objective of providing affordable housing. When imposing conditions on residential projects specifying the materials and methods of construction or specific design features, the Board shall consider the impact of such conditions upon the affordability of housing.
(5)
A period of validity of the CUP; provided, however, that in the case of residential projects, the period of validity shall be not less than three years.
§ 165-304.03 Effect of decision; period of validity.
A.
After approval of a CUP by the Board of Supervisors, any change in the use for which the CUP was granted shall require a new CUP following the procedures set forth in this article.
B.
The conditions established as a part of the approval of a CUP may be modified only through the full application procedures described in this article.
C.
Following recommendation by the Planning Commission, the Board may deem an approved CUP void for failure to establish the approved conditional use if such use has not been established within three years of approval.
§ 165-304.04 Revocations.
A.
The Board of Supervisors may, by resolution, initiate the revocation of any active CUP, in accordance with the procedure for a new CUP, in accordance with § 165-304.03, above.
B.
Following recommendation by the Planning Commission, after notice and hearing as provided in Part 312 of this article and in accordance with Code of Virginia, § 15.2-2204, the Board may revoke an active CUP for the following reasons:
(1)
Repeated or continuing violations of this chapter, including violations of the conditions placed on the CUP;
(2)
Fraudulent, false, or misleading information supplied by the applicant in applying for the CUP; or
(3)
If the conditional use has been discontinued for two years.
Figure III-2: Conditional Use Permit Process  |
§ 165-305.01 Purpose and intent.
Pursuant to Code of Virginia, § 15.2-2309, the purpose of a variance is to allow for a reasonable deviation from the provisions of this chapter regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the chapter would unreasonably restrict the utilization of the property, other relief or remedy is not available, such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the chapter.
§ 165-305.02 Standards and procedures.
A.
Authority. Pursuant to Code or Virginia § 15.2-2309, the BZA is authorized to review applications for variances, if the applicant meets its burden and provides evidence that the application meets the standard for a variance and the criteria set out in this chapter.
B.
Conditions. In granting a variance, the BZA may impose such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the public interest and may require a guaranty or bond to ensure that the conditions imposed are being and will continue to be complied with.
C.
Standards for application and review.
(1)
Applications for variances shall be made to the Zoning Administrator in accordance with rules adopted by the BZA.
(a)
Pursuant to the Code of Virginia, § 15.2-2310, applications for variances may be made by any property owner, tenant, government official, department, board, or bureau.
(b)
Plans, maps and other application materials shall be provided by the applicant as required.
(2)
Pursuant to Code of Virginia, § 15.2-2310, variances shall be promptly transmitted to the BZA for public hearing.
(a)
The Zoning Administrator shall also transmit a copy of the application to the Planning Commission, which may send a recommendation to the BZA or appear as a party at the hearing.
(3)
No variance shall be granted until after notice and a public hearing is held according to the requirements of Code of Virginia, § 15.2-2304, and Part 312 of this Article.
(4)
The BZA shall only grant a variance if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the chapter, and:
(a)
The property interest for which the variance is being requested was acquired in good faith;
(b)
Any hardship was not created by the applicant for the variance;
(c)
The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;
(d)
The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the chapter;
(e)
The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property; and
(f)
The relief or remedy sought by the variance application is not available through a CUP process or the process for modification of a Zoning Ordinance, as provided in Parts 302 and 304 of this Article.
(5)
Any variance granted to provide a reasonable modification to a property or its improvements requested by, or on behalf of, a person with a disability may expire when the person benefited by it is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of State and Federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), as applicable. If a request for a reasonable modification is made to a locality and is appropriate under the provisions of State and Federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), as applicable, such modification request shall be granted by the locality unless a variance from the BZA under this section is required in order for such request to be granted.
§ 165-305.03 Variances from floodway district regulations.
A.
General.
(1)
No variance shall be granted for any proposed use, development or activity within any Floodway District that will cause any increase in the 1% annual chance flood elevation.
(a)
The BZA shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 1% annual chance flood elevation:
[1]
Increases the risks to life and property; and
[2]
Will result in increased premium rates for flood insurance.
(2)
No variance shall be granted for an accessory structure exceeding 600 square feet.
(3)
The BZA may refer any application and accompanying documentation pertaining to any request for a variance to the Floodplain Administrator or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.
(4)
A record shall be maintained of the above notification, pursuant to Subsection A(1)(a), above, as well as all variance actions, including justification for the issuance of the variances.
(5)
Any variances that are issued will be noted in any report submitted to FEMA.
B.
Determinations. Variances shall be issued only after the BZA has determined:
(1)
That the variance will be the minimum required to provide relief;
(2)
A showing of good and sufficient cause;
(3)
That failure to grant the variance would result in exceptional hardship to the applicant; and
(4)
That the granting of such variance will not result in:
(a)
Unacceptable or prohibited increases in flood heights;
(b)
Additional threats to public safety;
(c)
Extraordinary public expense; and will not
(d)
Create nuisances;
(e)
Cause fraud or victimization of the public; or
(f)
Conflict with local laws or ordinances.
C.
Factors. In addition to satisfying all relevant factors and procedures specified in § 165-305.02B above, as well as Subsections A and B of this section, the BZA shall consider the following additional factors:
(1)
The danger to life and property due to increased flood heights or velocities caused by encroachments;
(2)
The danger that materials may be swept on to other lands or downstream to the injury of others;
(3)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions;
(4)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners;
(5)
The importance of the services provided by the proposed facility to the County;
(6)
The requirements of the facility for a waterfront location;
(7)
The availability of alternative locations not subject to flooding for the proposed use;
(8)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future;
(9)
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area;
(10)
The safety of access by ordinary and emergency vehicles to the property in time of flood;
(11)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site;
(12)
The historic nature of a structure; and
(a)
Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(13)
Such other factors which are relevant to the purposes of this article.
D.
Limitations.
(1)
While the granting of variances generally is limited to a lot size less than 1/2 acre, deviations from that limitation may occur.
(a)
However, as the lot size increases beyond 1/2 acre, the technical justification required for issuing a variance increases.
(b)
Variances may be issued by the BZA for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this Article V, Part 503.
(2)
Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that the criteria of this Article V, Part 503 are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
§ 165-305.04 Effect of decision; period of validity.
A.
Issuance of a variance shall authorize only the particular variance that is approved. A variance, including any conditions, shall run with the land, and not be affected by a change in ownership unless otherwise provided in the conditions.
B.
Use or development authorized by the variance shall not be carried out until the applicant has secured all other permits required by this chapter or any other applicable ordinances and regulations of the County. A variance, in itself, does not ensure that the development approved through said permit will receive subsequent approval for any other necessary applications for permit or development approval.
Figure III-3: Variance Process  |
§ 165-306.01 Intent.
A.
The purpose of a Master Development Plan (MDP) is to promote orderly and planned subdivision and development of property within Frederick County. It is the purpose of the MDP to ensure that such development occurs in a manner that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public.
B.
The MDP shall be used to illustrate the characteristics of the property proposed for subdivision and/or development and of surrounding properties and ensure that the requirements of the County Code have been satisfied.
§ 165-306.02 When required.
A.
As provided in § 165-306.06, below, an MDP must be administratively approved by the Director of Planning and Development and the County Administrator prior to any subdivision or development of property in all zoning districts except for the RA, Rural Areas District.
B.
The MDP shall include the subject property proposed for subdivision or development as well as all contiguous land under common ownership in all zoning districts except for the RA, Rural Areas District.
§ 165-306.03 Waivers.
A.
General.
(1)
The Director of Planning and Development may waive the requirement for submission and approval of a MDP in the identified zoning districts, if the proposed property for subdivision or development:
(a)
Is not an integral portion of a larger property or group of adjacent properties under common ownership proposed or planned for future development or subdivision;
(b)
Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and
(c)
Does not substantially affect the purpose and intent of its zoning district and the intent of this chapter.
(d)
An MDP may also be waived if the applicant chooses to process a Site Plan in lieu of an MDP. The Site Plan shall contain all information generally required on an MDP and a Site Plan.
B.
RP, R4, R5, and MH1 Districts. In addition to Subsection A, above, a waiver of the requirement for an MDP in the RP, R4, R5, and MH1 District may also be granted if the proposed property for subdivision or development contains 10 or fewer single-family detached rural traditional, single-family detached traditional or single-family detached urban dwelling units (all other permitted housing types shall require an MDP).
C.
M1, M2, EM, and TM Districts. In addition to Subsection A, above, a waiver of the requirement for an MDP in the M1, M2, EM, and TM District may be granted if the proposed property for subdivision or development:
(1)
Includes no new streets, roads or rights-of-way, does not further extend any existing or dedicated street, road, or rights-of-way and does not significantly change the layout of any existing or dedicated street, road or rights-of-way; and
(2)
Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot.
D.
B1, B2, B3, MS and HE Districts. In addition to Subsection A, above, a waiver of the requirement for an MDP in the B1, B2, B3, MS, and HE Districts may be granted if the proposed property for subdivision or development:
(1)
Contains less than five acres if in the B1 District, and less than 10 acres if in the B2, B3, MS or HE District;
(2)
Includes no new streets, roads, or rights-of-way, does not further extend any existing or dedicated street and does not significantly change the layout of any existing or dedicated street; and
(3)
Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot.
§ 165-306.04 Contents of master development plans.
A.
All districts. The following items shall be required for MDPs in all zoning districts. All required items shall be shown clearly on the MDP.
(1)
The scale shall be one inch equals 100 feet or larger (the ratio of feet to inches shall be no more than 100 feet to one inch) or at a scale acceptable to the Director of Planning and Development. The scale shall be sufficient so that all features required to be shown are discernible.
(2)
No sheet shall exceed 42 inches in size unless approved by the Director of Planning and Development. If the MDP is prepared on more than one sheet, match lines shall clearly indicate where the sheets join.
(3)
All MDPs shall include a North arrow, a scale and a legend describing all symbols.
(4)
A boundary survey of the entire property related to true meridian and certified by a certified Virginia surveyor, architect or engineer, with all dimensions in feet and decimals of feet.
(5)
The total area of the property shall be specified on the MDP.
(6)
The topography shall be shown at contour intervals acceptable to the Director of Planning and Development.
(7)
The title of the proposed project; the date, month, year the plan was prepared or revised; the name of the applicant(s), owner(s) and contract owner(s); and the names of the individuals or firms preparing the plan shall be clearly specified.
(8)
A schedule of phases, with the approximate location of phase boundaries and the order in which the phases will developed.
(9)
All existing, approved or planned public roads, streets or rights-of-way on the project or within 2,000 feet of the boundaries of the project.
(10)
Any approved proffers associated with the property.
(11)
The location and treatment proposed for all historical structures and sites recognized as significant by the Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County.
(12)
A history of all land divisions that have occurred in relation to the tract since the adoption of the requirement for an MDP.
(13)
The approximate location of sewer and water mains with statements concerning the connection with and availability of existing facilities.
(14)
The ownership and use of all adjoining parcels, including parcels across rights-of-way.
(15)
Description of any changes in use or structure made since approval of any prior MDP for the property.
(16)
An approval block and signature lines for the Director of Planning and Development.
B.
RP, R4, R5, and MH1 Districts. All MDPs for development in the RP, R5, and MH1 Districts shall contain a Conceptual Plan, showing the location and functional relationship between all proposed housing types and land uses, including the following information:
(1)
A land use plan, showing the location, arrangement and approximate boundaries of all proposed land uses;
(2)
The approximate acreage in common open space, in each use and housing type and in roads, streets or rights-of-way for each phase and the total development;
(3)
The location and approximate boundaries of proposed housing types conceptually shown in accordance with residential performance dimensional requirements;
(4)
The proposed number of dwelling units of each type in each phase and in the total development;
(5)
The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes and woodlands;
(6)
The location of environmental protection land to be included in common open space;
(7)
The approximate acreage of each type of environmental protection land, the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in common open space;
(8)
The amount, approximate boundaries and location of common open space, with the percentage of the total acreage of the site to be placed in common open space;
(9)
The location and general configuration of recreational facilities, with a general statement of the types of recreational facilities to be provided;
(10)
The location and extent of proposed buffers, with statements, profiles, cross sections or examples clearly specifying the screening to be provided;
(11)
The proposed location, arrangement, and right-of-way widths of roads and streets, including roads and streets providing access to adjoining parcels, shall be in accordance with Article VIII, Part 804;
(12)
The location and arrangement of street entrances, driveways and parking areas;
(13)
A conceptual plan for stormwater management with the location of stormwater facilities designed to serve more than one lot;
(14)
Calculations describing all proposed bonus factors with the location of and specifications for bonus improvements, when proposed; and
(15)
An approval block and signature lines for the Director of Planning and Development.
C.
HE, MS, B1, B2, B3, TM, EM, M1, and M2 Districts. All MDPs for development in the HE, MS, B1, B2, B3, TM, EM, M1, and M2 Districts shall contain a Conceptual Plan, showing the location and functional relationship between streets and land uses, including the following:
(1)
A conceptual plan, showing the location and arrangement of proposed uses;
(2)
The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater detention areas, steep slopes and woodlands, as defined, and the approximate acreage of each type of environmental feature, including the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in open or landscaped areas;
(3)
The proposed location and arrangement of all proposed and existing utility systems;
(4)
The location and arrangement of existing and proposed public or private roads, existing or proposed entrances, and driveways from existing and proposed public or private streets;
(5)
A Conceptual Plan for stormwater management and description and the location of all stormwater facilities designed to serve more than one parcel;
(6)
The location and extent of proposed buffers required by this chapter, with statements, profiles, cross sections or examples clearly specifying the screening to be provided; and
(7)
An approval block and signature lines for the Director of Planning and Development.
§ 165-306.05 Preliminary master development plan submission.
A.
A preliminary MDP shall be submitted to the Director of Planning and Development.
B.
An MDP may be submitted with an application for a rezoning but shall not be considered binding until approval of a final MDP.
C.
Applicants shall submit the number of copies of the preliminary MDP to the Department of Planning and Development specified by the MDP application, together with completed application materials required by the Department of Planning and Development.
(1)
Applicants shall address approval comments on the proposed development from various review agencies or departments as required by the Department of Planning and Development.
(2)
The submission shall be complete when the plans, application materials, and review agency approval comments have been received by the Director of Planning and Development.
§ 165-306.06 Final master development plan submission.
A.
The final MDP shall conform to all requirements of the County Code.
B.
Applicants shall submit copies of the Final MDP to the Department of Planning and Development.
(1)
The Director of Planning and Development shall specify the number of copies required for purposes of application and subsequent review.
(2)
Final approval of the final MDP shall be given by the Director of Planning and Development and the County Administrator.
C.
The Director of Planning and Development shall approve the final MDP if all requirements of the County Code and all review agencies have been met.
D.
An MDP shall not be considered final and approved until it is signed by the Director of Planning and Development and the County Administrator.
§ 165-306.07 Changes to approved master development plan.
Changes to an approved MDP shall occur only after review by the Department of Planning and Development using the procedures required for the approval of a new MDP.
Figure III-4: Master Development Plan Review Process  |
§ 165-307.01 Purpose and intent.
The purpose of this Part is to promote the orderly development of certain activities in the County and to ensure that such activities are developed in compliance with this chapter and other applicable regulations and in a manner harmonious with surrounding properties and in the interest of the general health, safety, and welfare of the County.
§ 165-307.02 Applicability.
A.
General.
(1)
In order to ensure that the requirements of this chapter have been met, a Site Plan is required for the following uses:
(a)
Any use in the business or industrial zoning districts, and the EM, MS, or HE District(s).
(b)
Any nonresidential uses with automobile parking spaces.
(c)
Any of the following residential uses not required to submit a Subdivision Design Plan for approval:
[1]
Multiplexes.
[2]
Townhouses; back-to-back townhouses.
[3]
Garden apartments.
[4]
Multifamily residential buildings.
[5]
Age-restricted multifamily housing.
[6]
Other allowed multifamily residential uses.
[7]
Manufactured home parks.
(d)
Convalescent and nursing homes.
(e)
Public and semipublic uses and buildings.
(f)
Required landscaped buffers and landscaped screens.
(g)
Required recreational facilities.
(h)
Any parcel of land proposed to contain more than one dwelling unit, except those residential units allowed as agricultural accessory uses.
(i)
Nonresidential uses permitted in the RP, R4, and R5 Districts.
(j)
The use, change of use, or construction of any improvement or facility that must be reviewed by the Planning Commission to determine conformance with the Comprehensive Plan under Code of Virginia, § 15.2-2232.
(2)
The Zoning Administrator may require a Site Plan or Illustrative Sketch Plan to be submitted with an application for a CUP, or any use specified under Article VII, Additional Regulations for Specific Uses, of this chapter.
(3)
No permit shall be issued for the construction of any building or improvement on the site of any of the above uses until the Site Plan or Illustrative Sketch Plan is approved.
B.
Exemptions. All nonbusiness or nonindustrial uses in a residential subdivision shall submit a Subdivision Design Plan, as required in Chapter 144, Subdivision of Land, instead of a Site Plan.
C.
Type of site plan. Site Plans are either a Site Plan, a Minor Site Plan, or an Illustrative Sketch Plan, as specified below.
(1)
Site plans. Site Plans are required as provided in Subsection A, above.
(2)
Minor site plans. Minor Site Plans may be submitted in lieu of a full Site Plan for additions to existing sites. A Minor Site Plan shall constitute a revision that increases an existing structure area by 20% or less and does not exceed 10,000 square feet of disturbed area.
(3)
Illustrative sketch plans. An Illustrative Sketch Plan may be submitted in lieu of a Site Plan for farm wineries, farm breweries, and farm distilleries, or if required as part of a CUP.
§ 165-307.03 Site plan contents, generally.
A.
Site plans and illustrative sketch plans.
(1)
All Site Plans and Illustrative Sketch Plans shall:
(a)
Be clearly legible and drawn at a scale acceptable to the Zoning Administrator; and
(b)
Include three general sections:
[1]
The project information section, described in Subsection B, below;
[2]
The calculations section described in Subsection C, below; and
[3]
The site plan and details section, described in Subsection D, below.
B.
General. The following applies to all Minor Site Plans, Site Plans, and Illustrative Sketch Plans.
(1)
Other information or statements may be required on the Site Plan by the Zoning Administrator to ensure that all requirements of the Frederick County Code are met.
(2)
All Site Plans shall conform with MDPs that have been approved for the land in question, if an MDP is required.
(3)
When required, deed restrictions, deeds of dedication, agreements, contracts, guaranties or other materials shall be submitted with the Site Plan.
C.
Project information section.
(1)
A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development.
(2)
The name, address, and phone number of the landowner, developer, and designer.
(3)
The Frederick County Property Identification Number (PIN) of all lots included on the Site Plan.
(4)
The total land area and total developed land area of all lots included on the Site Plan.
(5)
The name of the Magisterial District within which property is located.
(6)
A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses.
(7)
A reference to any other Site Plan or MDP approved by the County for the site.
(8)
The date the Site Plan was prepared and a list of all revisions made, including the date and a description of why the Site Plan was revised.
(9)
A table of contents including all pages of the Site Plan.
(10)
An inset map showing the location of the site, along with the location of streets, roads and land uses within 500 feet of the property.
(11)
A statement listing all requirements and conditions placed on the land included in the Site Plan resulting from approval of conditional zoning or a CUP.
(12)
A description of setbacks or conditions placed on the site as a result of an approved variance.
(13)
The number and type of dwelling units included on the Site Plan for residential uses.
(14)
A list of all proposed utility providers, with their address, name and phone number.
D.
Calculations section.
(1)
Calculations showing the floor area ratio (FAR) of the site, including the maximum allowed FAR, total ground floor area, total floor area, and total lot area.
(2)
Calculations showing the total number of required and proposed parking spaces, including the total number of existing and proposed spaces.
(3)
Calculations showing the total number of required handicap spaces, including the total number of existing and proposed spaces.
(4)
Calculations showing the total number of required loading spaces, including the total number of existing and proposed spaces.
(5)
Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees.
(6)
Calculations showing the percentage of the property that will be landscaped and the percentage of woodlands disturbed.
E.
Site plan and details section.
(1)
The location of all adjoining lots with the owner's name, current use, zoning, and zoning boundaries shown.
(2)
The location of all existing or planned rights-of-way and easements that adjoin the property, with street names, widths, and speed limits shown.
(3)
All nearby entrances that are within 200 feet of any existing or proposed entrances to the site.
(4)
All existing and proposed driveways, parking and loading spaces, parking lots and a description of surfacing material and construction details to be used. The size and angle of parking spaces, aisles, maneuvering areas, and loading spaces shall be shown.
(5)
A North arrow.
(6)
A graphic scale and statement of scale.
(7)
A legend describing all symbols and other features.
(8)
A boundary survey of the entire parcel and all lots included with distances described at least to the nearest hundredth of a foot.
(9)
The present zoning of all portions of the site, with the location of zoning boundaries.
(10)
The location of all existing and proposed structures, with the height, specific use, ground floor area, and total floor area labeled.
(11)
The location of all existing and proposed outdoor uses, with the height, specific use, and land area labeled.
(12)
Existing topographic contour lines at intervals acceptable to the Zoning Administrator. Proposed finished grades shall be shown by contour.
(13)
The location of the front, side, and rear yard setback lines required by the applicable zoning district.
(14)
The location and boundaries of existing environmental features, including streams, floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, and woodlands.
(15)
The location of outdoor trash receptacles.
(16)
The location of all outdoor lighting fixtures.
(17)
The location, dimensions, and height of all signs.
(18)
The location of required buffers, landscaping buffers, and landscaped screens, including examples, typical cross sections or diagrams of screening to be used. The location and dimensions of required fencing, berms, and similar features shall be specified.
(19)
The location of recreational areas and common open space.
(20)
The location of all proposed landscaping with a legend; the caliper, scientific name, and common name of all deciduous trees; the height at planting, scientific name, and common name of all evergreen trees and shrubs.
(21)
The height at planting, caliper, scientific name, and common name shall be provided for all proposed trees. The height at planting, scientific name and common name shall be provided for all shrubs.
(22)
The location of sidewalks and walkways.
(23)
The location and width of proposed easements and dedications.
(24)
A stormwater management plan describing the location of all stormwater management facilities with design calculations and details.
(25)
A soil erosion and sedimentation plan describing methods to be used.
(26)
The location and size of sewer and water mains and laterals serving the site.
(27)
Facilities necessary to meet the requirements of the Fire Code.
(28)
Mine operators shall also submit to the Zoning Administrator a copy of the operations plan required by state agencies.
(29)
A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan.
(30)
A space labeled "Approved by the Frederick County Zoning Administrator" for the signature of the Zoning Administrator, approval date, and a statement that reads "Site Plan valid for five years from approval date."
§ 165-307.04 Minor site plan contents.
A.
Minor Site Plans, at a minimum, shall include the following information:
(1)
All matters required by § 165-307.03C(1) through (12), above;
(2)
Calculations showing the total number of required and proposed parking and loading spaces, including the total number of existing and proposed spaces;
(3)
Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees;
(a)
The Zoning Administrator shall determine the number of landscaping plants required, proportional to the additions shown on the Minor Site Plan.
(4)
A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan; and
(5)
Any other information determined by the Zoning Administrator necessary for the review of the Minor Site Plan.
B.
The Zoning Administrator may waive any of the requirements on a Minor Site Plan, if he or she determines it is not to be warranted by the scale or intensity of the use or structures proposed.
§ 165-307.05 Illustrative sketch plan contents.
A.
Illustrative sketch plans, at a minimum, shall include the following information:
(1)
All matters required by § 165-307.03C(1) through (5), above;
(2)
A drawing of all aspects of the business operations on the site;
(3)
Size and dimensions of parking areas and signs, if any, location of any floodplains or other environmental features;
(4)
For cottage occupations, the Illustrative Sketch Plan shall show the residence and all improvements associated with the cottage occupation;
(5)
Distances between on-site structures and adjacent residential structures and other buildings, the location and width of adjacent right-of-way, adjoining properties, and easements; and
(6)
A statement listing all requirements and conditions placed on the land included in the Illustrative Sketch Plan resulting from approval of a CUP.
(7)
The Illustrative Sketch Plan need not be drawn to scale, nor does it have to be prepared by a licensed professional. However, distances from structure to adjacent lot lines must be accurately depicted.
§ 165-307.06 Review.
A.
Submission.
(1)
Applicants shall submit copies of the Site Plan to the Zoning Administrator for review, along with applicable fees and completed application materials required by the Zoning Administrator. The Zoning Administrator shall specify the number of copies required for purposes of application and subsequent review.
(2)
Applicants shall prepare and submit a Traffic Impact Analysis with all Site Plan applications, in accordance with the adopted Traffic Impact Analysis Standards.
(3)
The Zoning Administrator may require the applicant to present the Site Plan to the Technical Review Committee for review.
(a)
The Committee shall make recommendations to the Zoning Administrator concerning whether the plan meets the requirements of the Frederick County Code.
(4)
A Site Plan submission shall be considered to be complete when the fees, plans, application materials and comments have been received.
(5)
Applicants shall address comments on the Site Plan from various agencies as required by the Department of Planning and Development.
B.
Final review process.
(1)
Site Plans shall be submitted to the Zoning Administrator for final approval. The Zoning Administrator shall specify the number of copies required for purposes of application and subsequent review.
(2)
The Zoning Administrator shall notify the applicant of the action taken with respect to the Site Plan, which may include approval or disapproval. If disapproved, written comments shall be provided detailing the deficiencies of the plat by reference to specific duly adopted ordinances, regulations or policies and any corrections or modifications required for approval.
C.
Time period for approval. Site Plans shall be approved or disapproved under the process set forth in Code of Virginia, § 15.2-2259.
Figure III-5: Site Plan Review Process  |
§ 165-307.07 Standards and improvements.
A.
All improvements and construction on the site shall conform with the approved Site Plan, Minor Site Plan, or Illustrative Sketch Plan and the requirements of the Frederick County Code, as well as the Virginia Department of Transportation, Frederick Water, or other ultimate owner of public improvements.
B.
The Director of Planning and Development may require a monetary guaranty and performance agreement in accordance with the monetary guaranty policy adopted by the Board, to ensure the completion of required improvements.
§ 165-307.08 Site plan amendments.
A.
Approved site plans.
(1)
If it becomes necessary for an approved Site Plan to be changed, the Director of Planning and Development may, at the applicant's request, approve minor amendment(s) to the Site Plan if the change or amendment complies with this chapter, and the change or amendment does not:
(a)
Alter a recorded plat;
(b)
Conflict with specific requirements of this chapter or proffered conditions;
(c)
Change the general character or content of an approved Site Plan or use;
(d)
Have an appreciable effect on adjoining or surrounding property;
(e)
Result in any substantial change of external access points;
(f)
Decrease the minimum specified yard and open spaces; and
(g)
Substantially change architectural or site design features.
(2)
If an approved Site Plan proposes any of the proposed amendments listed in Subsection A(1), above, it shall be resubmitted as a new application to the Director of Planning and Development and reviewed in accordance with the standards of this Part.
B.
Time period for approval. Site Plan Amendments shall be approved or disapproved pursuant to Code of Virginia, § 15.2-2259.
§ 165-307.09 Compliance with approved site plan required.
A.
The Zoning Administrator shall periodically inspect the site during construction to ensure that the Site Plan requirements are met.
B.
No Certificate of Occupancy shall be issued for any use or site requiring a Site Plan until all requirements shown on the approved Site Plan have been met and all improvements shown on the Site have been provided.
C.
If structures and improvements have been provided sufficient to guarantee public health and safety, but if all Site Plan improvements have not been completed, a Certificate of Occupancy shall only be issued if a bond with surety or other acceptable guaranties have been provided to insure that all approved improvements will be provided. Such guaranties shall be for a limited time period acceptable to the Zoning Administrator, during which time said improvement shall be completed.
§ 165-307.10 Period of validity.
In accordance with Code of Virginia, § 15.2-2261, approval of a Site Plan shall be valid for five years after the approval date, or for such longer period as the Director of Planning and Development may, at the time of approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development.
§ 165-308.01 Purpose and intent.
The purpose of a Certificate of Appropriateness is to protect designated historic properties and historic districts from alterations, deterioration, and demolition, and to ensure that new buildings are compatible with the existing character of the district, in accordance with Code of Virginia, § 15.2-2306.
§ 165-308.02 Applicability.
A.
General. A Certificate of Appropriateness (COA), granted by the Historic Resources Advisory Board (HRAB), shall be required in any Historic Area Overlay District, as regulated in Article V, Overlay Districts, of this chapter and designated on the Official Zoning Map, for:
(1)
The erection, construction, reconstruction, or substantial alteration of exterior appearance;
(2)
The removal or relocation of any landmark, building, or structure if the move would be detrimental to the public interest or the historic integrity of the structure; and
(3)
The demolition or razing of any building or structure.
(4)
All requests for construction, reconstruction and significant exterior alterations presented to the HRAB shall be in conformance with Article V, Overlay Districts, of this chapter.
B.
Other approvals required. In any case in which an applicant's proposal also requires the approval of the BZA, BZA approval shall be obtained prior to action by the HRAB.
§ 165-308.03 Standards and procedures.
A.
Standards for review.
(1)
Upon receipt of an application for a COA, the Zoning Administrator shall follow the procedures below:
(a)
A copy of the application for such a permit, together with a copy of the Site Plan and the building plans and specifications filed by the applicant, shall be forwarded to the HRAB.
(b)
A file of all such applications and related materials shall be maintained.
(2)
12 copies of all materials prepared in relation to the application shall be submitted by the applicant. The Zoning Administrator or the HRAB may require submission of any or all of the following:
(a)
Architectural plans;
(b)
Site plans;
(c)
Landscaping plans.
(d)
Design for proposed signs with appropriate detail as to character;
(e)
Proposed exterior lighting arrangements;
(f)
Elevations of all portions of structure with important relationships to public view (with indications as to visual construction materials, design of doors and windows and relationships to adjoining structures); and
(g)
Such other exhibits and reports as are necessary for these determinations.
(3)
The HRAB shall not consider interior alterations and shall only impose restrictions for the purpose of preventing development incompatible with the historic aspects of the area.
(4)
The HRAB shall consider the Secretary of the Interior's Standards for Rehabilitation and the following in evaluating the appropriateness of architectural features:
(a)
The extent to which the proposed action will affect the overall character and continuity of the area.
(b)
Whether elements of the general design, such as scale, height, and proportion of the proposed work, are visually compatible with the surrounding area.
(c)
Whether the texture and materials proposed are compatible with existing structures in the area.
(d)
Risk of substantial alteration of the exterior features of a historic resource.
(e)
Compatibility in character and nature with the historic, architectural, or cultural features of the historic overlay district.
(f)
Exterior architectural features, including all signs.
(g)
General design, scale, and arrangement.
(h)
Texture and material.
(i)
The relationship of the size, design, and siting of any new or reconstructed structure to the landscape of the district.
(5)
The HRAB shall return, within 60 days after submission of the completed application, its decision concerning granting a COA for the erection, reconstruction, significant exterior alteration, restoration, razing or demolition, or relocation of all or part of any building within the HA Zone.
(6)
If the HRAB grants a COA, it shall authorize the Zoning Administrator to issue a permit for the work specified in the application.
(7)
If the HRAB disapproves the application, the reasons shall be stated in writing and forwarded to the applicant, and the Zoning Administrator shall disapprove the application for the required permit.
(a)
The disapproval shall indicate what changes in the plans and specifications would enable the proposal to meet the conditions for protecting and preserving the historical character of the HA Zone.
(b)
If the applicant determines that they will make the suggested changes, they shall so advise the HRAB in writing, which shall act accordingly.
(c)
The applicant may appeal the disapproval to the Board of Supervisors.
B.
Exceptions. Where the strict application of the standards in this Part, pertaining solely to the Historic Area Overlay District, would result in a practical difficulty to the property owner, the HRAB may grant a reasonable modification of such standards, provided that:
(1)
The practical difficulty arises from unique physical conditions or constraints of the subject property that are not self-imposed;
(2)
The proposed relief remains consistent with the character of the historic district and the Secretary of the Interior's Standards for the Treatment of Historic Properties; and
(3)
The HRAB makes written findings supporting the exemption, including a determination that the relief is the minimum necessary and does not compromise the historic integrity of the district.
C.
Any modification granted under this section shall be limited to requirements specific to the Historic Area Overlay District, including but not limited to architectural design, exterior materials, facade articulation, and other visual or stylistic elements.
D.
Nothing in this section shall be construed to permit the HRAB to grant variances from primary district, use, or other requirements applicable in the underlying zoning district, such as but limited to lot size, building height, or setback regulations. Variances as to certain matters may be granted by the BZA pursuant to Code of Virginia, § 15.2-2309, and Part 305 of this chapter.
E.
Demolition and razing.
(1)
General.
(a)
The demolition or removal of a noncontributing building or structure may be authorized by the Zoning Administrator.
(b)
Hazardous buildings or structures may be demolished without consideration by the HRAB with written approval of the Zoning Administrator, stating the conditions which justify the demolition.
(2)
Consideration. The HRAB shall consider any and all of the following criteria when considering whether to grant a COA for razing or demolition:
(a)
Is the historic resource of such architectural, cultural, or historical interest that its removal would be detrimental to the public interest?
(b)
Could the building only be reproduced at great expense or difficulty due to its unique or unusual texture, material, or design?
(c)
Would demolition of the structure result in the loss of a significant historic place or resource in Frederick County?
(3)
Offer for sale. The owner of a building, structure, or site in a historic district shall, by right, be entitled to demolish the same, provided that:
(a)
The property owner has applied for a demolition permit.
(b)
The property owner has made a bona fide offer to sell the structure and land on which it is located to an individual or group which makes reasonable assurances that it will preserve the landmark.
(c)
The property shall be offered at a price reasonably related to its fair market value as determined by an independent appraisal for the period established by the schedule provided in Table III-1.
Table III-1: Offer for Sale | |
|---|---|
Time Period (Months) | Asking Price |
3 | Less than $25,000 |
4 | Between $25,000 and $40,000 |
5 | Between $40,000 and $55,000 |
6 | Between $55,000 and $75,000 |
7 | Between $75,000 and $90,000 |
12 | Over $90,000 |
§ 165-309.01 General.
No use or structure shall be occupied until a Certificate of Occupancy (CO) has been issued by the Building Official. No CO shall be issued unless all requirements of this chapter have been met.
§ 165-309.02 Standards and procedures.
A.
Any person who proposes to construct or alter any building or use or alter the use of any building, structure or land shall apply for a permit from the Building Official. Such application shall include all information necessary to determine if the requirements of this chapter have been met.
B.
The Building Official shall submit this application to the Zoning Administrator, who shall certify whether the proposed use is in compliance with this chapter.
C.
If such proposed use is not in compliance with this chapter, the Building Official shall refuse to issue a permit for the use.
§ 165-310.01 Purpose and intent.
In administering, interpreting, and enforcing this chapter, the Zoning Administrator shall provide a written response to persons who have filed a specific request in writing for a decision or determination on zoning matters within the scope of the Zoning Administrator's authority.
§ 165-310.02 Standards and procedures.
A.
Pursuant to Code of Virginia, § 15.2-2286, the Zoning Administrator's response shall be provided within 90 days after the date of the request unless the requestor agrees to a longer period of time.
B.
When the requestor is not the owner or the owner's agent of the property subject to the request, the Zoning Administrator, in accordance with Code of Virginia, § 15.2-2204(H), shall provide written notice within 10 days after receipt of the request to the owner of the property at the owner's last known address as shown on the County's real estate tax records.
C.
The Zoning Administrator's written decision or determination shall include a statement informing the recipient of the right to appeal the decision as provided in Part 311 of this article.
§ 165-311.01 Appeals of Director of Planning and Development; Zoning Administrator determinations and decisions.
A.
Pursuant to Code of Virginia, § 15.2-2311, the BZA shall hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator or Director of Planning and Development, or other administrative officer with authority to administer or enforce the requirements of this chapter. Such appeal may be taken by any person, department, board, County, or municipality aggrieved or affected by any decision of the Zoning Administrator or Director of Planning and Development.
B.
Such appeal shall be taken within 30 days after the decision appealed from by filing with the Zoning Administrator and with the BZA a notice of appeal specifying the grounds thereof. The Zoning Administrator shall transmit to the BZA all the papers constituting the record upon which the action appealed from was taken.
C.
The determination of the Zoning Administrator shall be presumed to be correct.
D.
Pursuant to Code of Virginia, § 15.2-2312, procedures for submitting an appeal shall be as follows:
(1)
Hearing.
(a)
The BZA shall fix a reasonable time for the hearing of an application or appeal, give public notice as outlined in Part 312 of this article as well as due notice to the parties in interest.
(b)
At a hearing, the Zoning Administrator shall explain the basis for their determination, after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence.
(2)
Decisions.
(a)
In exercising its powers, the BZA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed according to the procedures described in the Code of Virginia.
(b)
The BZA shall decide the appeal within 60 days.
§ 165-311.02 Appeals of BZA decisions.
A.
Pursuant to Code of Virginia, § 15.2-2314, any person aggrieved by any decision of the BZA may appeal the decision to the Circuit Court of Frederick County.
B.
An application specifying the grounds on which the applicant is aggrieved must be submitted within 30 days after the final decision of the BZA.
§ 165-311.03 Construction in violation without appeals to BZA.
A.
Pursuant to Code of Virginia, § 15.2-2313, construction of a building with a valid building permit deemed in violation of this chapter may be prevented, restrained, corrected, or abated by suit filed within 15 days after the start of construction by a person who had no actual notice of the issuance of the permit.
B.
The court may hear and determine the issues raised in the litigation even though no appeal was taken from the decision of the Zoning Administrator to the BZA.
§ 165-311.04 Stay of proceedings.
An appeal shall stay all proceedings in furtherance of the action appealed unless the Zoning Administrator certifies to the BZA that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the BZA or by a court of record, on application and on notice to the Zoning Administrator and for good cause shown.
Figure III-6: Process for Appeals of Director of Planning and Development; Zoning Administrator Determinations and Decisions  |
§ 165-312.01 Public hearings and notice required.
Advertising and notice for public hearings shall be conducted in accordance with Code of Virginia, § 15.2-2204, and as outlined in this Part.
§ 165-312.02 Posting notice on property.
For all public hearings involving Zoning Map Amendments, CUPs, and Variances, the applicant shall post on the properties for which zoning action is pending:
A.
A sign with full information on the change sought; and
B.
Such sign shall be placed at the front property line and be maintained so as to be legible from adjoining roads and properties until the date of the hearings.
§ 165-312.03 Waiver of notice.
Pursuant to Code of Virginia, § 15.2-2204, actual notice of, or active participation in, a public meeting for which written notice is required will waive the right of that party to challenge the validity of the proceedings based on failure of notice.
