Frederick County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE IV
Agricultural and Residential Districts
§ 165-401.01 Purpose and intent.
[Amended 12-11-1991; 12-9-2009; 5-24-2017]
A.
The purpose of the rural area regulations is to preserve large, open parcels of land, tree cover, scenic views, sensitive environmental areas and prime agricultural and locally significant soils. The regulations provide for a variation in lot size, at a density not to exceed one unit per five acres. The varying lot size is permitted in order to facilitate designs that blend in with the existing landscape and preserve some larger tracts of undeveloped land in order to maintain the rural character of the County, as well as provide a choice to home buyers.
B.
The regulations are intended to reduce environmental impacts, such as soil erosion, by requiring development which is sensitive to the existing features of the natural terrain and by reducing the amount of clearing needed for roads. Diversity and originality in lot layout are encouraged in order to achieve the best possible relationship between the development and the land. Individual lots and streets should be designed to minimize alteration of the natural site features, relate positively to surrounding properties and protect the views from surrounding areas. It is intended that by allowing flexibility in the subdivision design, while at the same time requiring that environmental concerns be addressed, a more attractive, environmentally sound and economically viable development will result.
§ 165-401.02 Permitted uses.
[Amended 4-26-1995; 10-27-1999; 11-10-2004; 9-14-2005; 2-13-2008; 12-9-2009; 9-26-2012; 8-14-2013; 8-12-2015; 5-24-2017; 11-13-2019; 1-8-2020; 9-28-2022; 5-10-2023; 12-13-2023; 7-10-2024; 4-9-2025]
Structures and land shall be used for one of the following uses:
A.
Agriculture, farming, dairies, animal husbandry, and forestry.
B.
Orchards, horticulture and the production of nursery stock and products.
C.
Single-family dwellings.
D.
Mobile homes.
E.
Schools (without residential component).
F.
Public parks and playgrounds.
G.
Churches and places of worship.
H.
Home occupations (as defined).
I.
Natural conservation areas.
J.
Winchester Airport.
K.
Group homes.
L.
Fire stations, companies and rescue squads.
M.
Frederick County sanitary landfill.
N.
Commercial and institutional cemeteries with or without funeral homes or cemetery office complexes.
O.
Post offices.
P.
Radio and television towers and their accessory buildings.
Q.
Public utilities, transmission and distribution facilities.
R.
Required off-street parking.
S.
Oil and natural gas exploration, provided that the following requirements are met:
(1)
All requirements of the Code of Virginia, as amended, and all applicable federal, state and local regulations shall be met.
(2)
A site plan shall be reviewed and approved meeting all requirements of the Frederick County Code.
(3)
Approval of the site plan and use shall be for 90 days, with subsequent renewals being approved by the Board of Supervisors.
(4)
In order to begin extraction of the resource, a rezoning to the EM Extractive Manufacturing Zoning District will be required.
T.
Museums, parks or historic sites used for educational or historic preservation purposes.
U.
(Reserved)
V.
(Reserved)
W.
Accessory uses.
X.
Poultry farms and hatcheries and egg production.
Y.
Fish hatcheries and fish production.
Z.
Hog farming. It shall be unlawful for any person to have or maintain or to permit to be erected, in the County, any hog pen that is located closer than 200 feet to a residence or an adjoining property that is used for human habitation.
AA.
Government services office.
BB.
Residential subdivision identification signs.
CC.
Farm wineries.
DD.
Temporary family health care structure.
EE.
Farm breweries.
FF.
Farm distilleries.
GG.
Agritourism.
HH.
Commercial stables, equestrian facilities and commercial riding facilities.
II.
Cut-your-own Christmas tree and evergreen tree.
JJ.
On-premises wayside stand, roadside stand, or wayside market, accessory to a bona fide operating farm.
KK.
Blacksmith shops.
LL.
Farriers.
MM.
Horseshoeing.
NN.
Taxidermists.
OO.
Short-term lodging.
§ 165-401.03 Conditional uses.
[Amended 8-8-1990; 12-9-1992; 4-26-1995; 1-27-1999; 10-27-1999; 8-24-2004; 12-9-2009; 11-10-2010; 6-13-2012; 5-24-2017; 7-12-2017; 9-13-2017; 11-13-2019; 1-8-2020; 4-14-2021; 6-9-2021; 12-13-2023; 7-10-2024; 4-9-2025]
The following uses of structures and land shall be allowed only if a conditional use permit has been granted for the use:
A.
Bed-and-breakfasts; farm stay.
B.
Off-premises farm markets and wayside stands.
C.
Country general stores without fuel sales.
D.
Antique shops.
E.
Restaurants without drive-through facilities, provided the following conditions are met:
(1)
Restaurants shall have an approved drainfield; alternative waste systems, including pump and hauls, are prohibited.
F.
Kennels.
G.
Auction houses.
H.
Campgrounds, tourist camps, recreation areas and resorts.
I.
Commercial outdoor recreation, athletic or park facilities, or country clubs with or without banquet facilities.
J.
Sawmills and planing mills, Type B.
K.
Retailing or wholesaling of nursery stock and related products.
L.
Landscape contracting businesses.
M.
Public garages, provided that the following conditions are met:
N.
Sand, shale and clay mining, provided that the following conditions are met:
(1)
All mining shall be above the mean, existing grade level of a parcel of land.
(2)
All mining operations shall meet all applicable requirements of state and federal agencies.
(3)
Such mining operations shall meet the landscaping and screening requirements, supplementary regulations, height, area and bulk regulations and site plan requirements contained in the EM Extractive Manufacturing District regulations.
O.
Cottage occupations (as defined).
P.
Cottage occupation signs.
Q.
Veterinary office, clinic or hospital, including livestock services.
R.
Day-care facilities.
S.
Humanitarian aid organizational office.
T.
Schools (with residential component).
U.
Welding repair.
V.
Flea markets, operated indoors or outdoors.
W.
Special event facility.
X.
Commercial shooting and archery ranges (indoor or outdoor).
Y.
Ice cream parlor or bakery.
Z.
Craft and gift shops.
AA.
Offices and clinics of doctors of medicine, dentists and other health practitioners.
BB.
Slaughterhouses.
CC.
Public utilities, power-generating facilities.
DD.
Boat repair shop.
EE.
Agricultural supply cooperatives.
FF.
Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities.
GG.
Utility-scale solar power-generating facilities.
§ 165-401.04 Permitted residential density; exception.
[Amended 12-11-1991; 12-9-2009]
A.
The maximum density permitted on any parcel or group of parcels shall not exceed the equivalent of one unit per five acres as determined by the size of the parent tract as it existed on December 11, 1991.
B.
Exception to permitted density. On lots containing between seven and 10 acres which were lots of record prior to December 11, 1991, lots of two or more acres may be created despite the density limit of one unit per five acres, provided that they meet the requirements of § 165-401.06B of this chapter.
§ 165-401.05 Minimum lot size.
[Amended 12-11-1991; 9-14-2011]
The minimum lot size for permitted uses shall be two acres, unless otherwise specified by § 165-204.26.
§ 165-401.06 Permitted lot sizes.
[Amended 8-8-1990; 12-11-1991]
The following types of lots shall be permitted:
A.
Traditional five-acre lots. On any parcel, lots of five acres in size or greater shall be permitted.
B.
Family division lots. On any parcel which contained seven acres or more prior to December 11, 1991, lots as small as two acres may be created, provided that the following conditions are met:
[Amended 7-10-2002; 2-28-2007; 12-9-2009]
(1)
Lots are conveyed to members of the immediate family of the owner of record of the parent tract. The conveyed lot(s) shall remain with the family member for a period of five years from the date of the creation of the family lot.
(2)
Only one such lot shall be permitted per immediate family member.
(3)
One parcel of at least five acres in size shall remain intact following the division.
C.
[2]Rural preservation lots.
(1)
Within the RA Rural Areas District, lots as small as two acres shall be permitted on tracts over 20 acres in size, subject to the following:
[Amended 10-13-1993]
(a)
Sixty percent or more of the parent tract shall remain intact as a contiguous parcel (Rural Preservation Tract).
[Amended 2-28-2007; 12-9-2009]
(b)
This acreage must be designated prior to the division of the fourth lot.
(c)
No future division of this designated Rural Preservation Tract shall be permitted, other than for the widening of existing VDOT road rights-of-way or public utility dedications, unless all the following are met:
[Amended 2-28-2007; 7-10-2013; 6-22-2016]
[1]
The division results in an overall acreage increase to the Rural Preservation Tract; and
[2]
Acreage added to the preservation tract may come from areas internal or external to the rural preservation subdivision; and
[3]
Acreage from the preservation tract may not be adjusted into parcels outside of the rural preservation subdivision; and
(2)
Exception to the Rural Preservation Tract. In cases where excessive topography or other natural features of a site create a situation where a higher quality subdivision design, resulting in less physical and/or visual disruption, could be achieved by allowing two residual parcels to be created, the Zoning Administrator may permit the 60% to be made up of two parcels.
[Amended 2-28-2007; 12-9-2009; 9-26-2012]
(3)
Board of Supervisors waiver of division restriction.
[Amended 2-28-2007]
(a)
The designated Rural Preservation Tract may be released from the restrictions of Subsection C(1) after a period of 10 years from its creation through the rezoning process.
(b)
The rezoning shall be consistent with the goals of the Frederick County Comprehensive Policy Plan in effect at the time of the rezoning application.
(c)
The designated Rural Preservation Tract which is within the Urban Development Area (UDA) at the time of its creation, or is included within the UDA as a result of a future expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject to the ten-year restriction on rezoning.
[2]
Editor's Note: Former Subsection C, Agricultural lots, was repealed 12-9-2009. This ordinance also redesignated former Subsection D as Subsection C.
§ 165-401.07 Setback requirements.
[Amended 12-11-1991; 6-9-1993]
The following setback requirements shall apply to all parcels within the RA Rural Areas Zoning District:
A.
Setbacks for all lots other than rural preservation lots shall be as set out below.
[Amended 2-28-2007; 4-27-2011; 11-12-2015]
(1)
Front setbacks. The front setback for any principal use or structure shall be 60 feet from the property line or right-of-way of the street, road or ingress/egress easement.
[Amended 5-24-2017]
(2)
Side or rear setbacks. The minimum side or rear setback for any principal use or structure shall be determined by the primary use of the adjoining parcel as follows:
Adjoining Parcel Size | Setback (Side and Rear) (feet) |
|---|---|
6 acres or less | 50 |
More than 6 acres | 100 |
Agricultural and Forestal District, 6 acres or less | 50 |
Agricultural and Forestal District, more than 6 acres | 200 |
Orchard (regardless of parcel size) | 200 |
B.
Rural preservation lots. The minimum setbacks from rural preservation lot lines which adjoin other rural preservation lots shall be as set out below. Side and rear setbacks from rural preservation lot lines which adjoin any parcel other than another rural preservation lot shall be determined by § 165-401.07A(2) of this chapter.
(1)
Front setback. The front setback for any principal use or structure shall be 60 feet from the right-of-way of any existing state-maintained road and 45 feet from the right-of-way of any existing private ingress/egress easement or state-maintained road constructed to serve the subdivision.
[Amended 5-24-2017]
(2)
Side setback. No principal use or structure shall be located closer than 15 feet from any side lot line.
(3)
Rear setback. No principal use or structure shall be located closer than 40 feet from any rear lot line.
C.
[1]Accessory uses. The minimum setback for any accessory use or structure shall be as follows:
[Added 5-24-2017]
(1)
From the edge of right-of-way of any public street or roadway owned and maintained by VDOT: 60 feet.
(2)
From the edge of right-of-way of any private right-of-way or ingress/egress easement: 45 feet.
(3)
From any side or rear property line: 15 feet.
[1]
Editor's Note: Former Subsection C, Board waiver, as amended 9-25-2002 and 3-28-2007, was repealed 3-13-2013.
D.
One nonhabitable accessory structure that meets the minimum setbacks for an accessory use may be located on a lot prior to the construction of a principal structure. This accessory structure shall not be permitted to contain any residential uses prior to the construction of the primary structure on the lot and shall be a maximum of 650 square feet in size.
[Added 1-9-2013; amended 5-24-2017]
§ 165-401.08 Minimum width; maximum depth.
§ 165-401.09 Height restrictions.
No structure shall exceed 35 feet in height.
§ 165-402.01 Intent.
A.
Part 402 is intended to provide for a compatible mixture of quality residential housing types within the Urban Development Area, consistent with the residential land use policies of the Comprehensive Plan. The plan identifies basic land use characteristics which are to be encouraged:
(1)
Efficient land use patterns that create high-quality neighborhoods that are attractive and pedestrian oriented.
(2)
Densities that promote a compact and efficient use of land.
(3)
Reduced housing and public facility costs.
(4)
Energy efficient housing and housing patterns.
(5)
Sustainable and environmentally sensitive land use.
B.
Within this Part 402, a number of general performance requirements are identified. When a housing development has satisfied these requirements, this Part 402 is intended to provide a large degree of flexibility in development and housing design. This design process is accomplished through a master development plan which is designed in cooperation with the County staff.
[Amended 3-13-2013; 10-13-2021]
C.
It is the intent of this Part 402 to allow a mixture of housing types on the land within an approved master development plan. Within this Part 402, the permitted development percentages and densities for all housing types are identified. The master development plan shall specify the amount and percentages of all proposed housing types.
[Amended 3-13-2013]
D.
While a mixture of housing types is allowed on a site, the intent is to use the master development plan and the other article regulations to place the different housing types on the site in a way that will protect the living environment of the new residents and existing residential land uses. It is the intention of this Part 402 to integrate new residential developments with existing residential developments and to ensure that different residential developments are properly screened from one another while still creating a sense of community and while providing for a variety of housing options. This Part 402 attempts to encourage the provision of some amenities through density bonuses, which are intended to enhance the development without increasing housing costs.
E.
Streets shall be provided in new developments to continue existing and planned street patterns and in conformance with the Comprehensive Plan as well as any road improvement plans where appropriate and where necessary to achieve an interconnected street system. Streets and rights-of-way in proposed developments, intended to be developed in the future, shall be clearly designated to take into account future development as indicated in the Comprehensive Plan.
F.
In those sections of this Part 402 where discretion is given to the Zoning Administrator, that discretion shall be exercised with this statement of intent as the primary guide for action.
§ 165-402.02 Permitted uses.
A.
All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article VIII of this chapter.
B.
Structures and land shall be used for one of the following uses:
(1)
All residential housing types specified in § 165-402.09.
(2)
Schools.
[Amended 7-10-2024]
(3)
Fire stations and companies and rescue squads.
(4)
Group homes.
(5)
Home occupations.
(6)
Public utilities excluding energy-generating facilities.
[Amended 1-8-2020]
(7)
Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be permitted as accessory structures or buildings.
(8)
Required or bonus recreational facilities, public or private parks, neighborhood parks, playgrounds, or other noncommercial recreational facilities.
(9)
Business signs associated with schools, churches, fire stations and companies and rescue squads, recreational facilities, public parks, playgrounds, and libraries.
(10)
Temporary model homes used for sale of properties in a residential development.
(11)
Libraries.
(12)
Public buildings.
(15)
Temporary family health care structure. (NOTE: By adding temporary family health care structure as a permitted use in the RP District, it is also automatically a permitted use in the R4 and R5 Districts.)
[Added 8-14-2013]
(16)
Short-term lodging.
[Added 9-28-2022]
(17)
Churches and places of worship.
[Added 7-10-2024]
§ 165-402.03 Conditional uses.
Uses and associated signs permitted with a conditional use permit shall be as follows:
A.
Convalescent and nursing homes and adult care residences and assisted living care facilities.
B.
Cottage occupations, as defined.
C.
Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities.
[Amended 7-10-2024]
D.
Day-care facilities.
E.
Rooming houses, boardinghouses and tourist homes.
F.
Veterinary offices, veterinary clinics or veterinary hospitals, excluding the boarding of animals for nonmedical purposes.
G.
Museums.
H.
Offices and clinics of doctors of medicine, dentists and other health practitioners.
[Added 7-12-2017; amended 12-13-2023]
§ 165-402.04 Number of uses restricted.
More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for multiplexes, garden apartments, multifamily residential buildings and age-restricted multifamily housing.
§ 165-402.05 Gross density and multifamily housing.
A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section:
A.
Subsequent divisions of land shall not increase the allowed density on parcels of land.
B.
In no case shall the gross density and maximum percentage of multifamily housing of any development within an approved master development plan exceed the densities and percentages set forth in the following table:
Density by Land Use | Density (units/acre) | Maximum Percentage of Multifamily Housing |
|---|---|---|
Multifamily residential buildings and age-restricted multifamily (excluding garden apartments) | 20 | 100% |
Garden apartments | 10 | 100% |
Townhouse (single-family attached) | 10 | N/A |
Density by Parcel Size (for all other housing types and development with mixed housing types) (acres) | Density (units/acre) | Maximum Percentage of Multifamily Housing |
|---|---|---|
0 to 10 | 10 | 100% |
10.1 to 25 | 6 | 100% |
25.1 to 50 | 6 | 75% |
50.1+ | 6 | 50% |
C.
Within developments utilizing transferable development rights, the maximum gross residential density for the development shall be determined in § 165-302.03H.
§ 165-402.06 Phased development.
A.
The developer/subdivider is permitted to construct the subdivision in phases or sections as long as:
(1)
All sections are indicated on the master development plan and are of a size and at such a location that they constitute economically sound increments of development.
(2)
Common recreational facilities and improvements and other improvements indicated for any phase section are required to be started not later than when that section reaches fifty-percent occupancy and are required to be complete by the time that section reaches sixty-percent occupancy.
(3)
Provisions shall be made to incorporate all phases or sections of the planned development under one homeowners' association/corporation.
B.
In order to provide sufficient, safe access, the Planning Commission and the Board of Supervisors may require that the phases be arranged so that essential street entrances to the development are provided in the initial phases of the development.
§ 165-402.07 Open space requirements.
A.
A minimum percentage of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. Such open space shall be dedicated to a property owners' association or to Frederick County. Open space shall be dedicated to Frederick County only with the approval of the Board of Supervisors. The Board of Supervisors may allow public libraries and public schools to be located within areas designated as common open space, provided that the proposed facilities are indicated on the original master development plan for the residential development. During the review of the master development plan, the Board of Supervisors shall ensure that the location of a proposed public library or public school is appropriate and that adequate buffers, screening and access are provided to prevent negative impacts to adjoining residential uses. Public libraries and public schools shall be dedicated to Frederick County. Developments which contain any of the following housing types shall provide open space as specified below:
Type of Development | Minimum Required Open Space (percent) |
|---|---|
Developments containing only single-family detached rural traditional housing | 0% |
Developments containing only single-family traditional or detached urban housing | 15% |
Developments in which no less than 60% of the dwellings are single-family detached traditional housing mixed with any other housing types | 20% |
Developments containing only single-family detached cluster or a mixture of single-family detached cluster and urban housing | 25% |
Single-family small lot housing | 30% |
All other residential developments | 30% |
Nonresidential uses (minimum landscaped area) | 15% |
B.
No more than 50% of the required open space shall be within the following environmental areas: lakes and ponds, floodplain, wetlands or steep slopes. The Administrator, upon recommendation by the Planning Commission, may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan to make these areas useful.
C.
In developments containing only single-family detached urban housing or single-family detached urban housing mixed with single-family detached traditional housing, the required open space may be waived by the Board of Supervisors. The open space requirement shall only be waived when the required open space is less than one acre. Such waiver shall not include open space provided to meet environmental requirements.
D.
The minimum required open space percentages provided in § 165-402.07A of this chapter may be reduced for residential developments which provide for active recreational areas and amenities, upon the granting of an open space waiver issued by the Board of Supervisors. In no case shall the required open space (per § 165-402.07A) be reduced more than 75% for single-family detached housing types (excluding single-family small lot) and no more than 50% for all other residential housing types and mixtures. Active recreational areas and amenities shall be incorporated within the development's common open space and be for the use of and maintained by the subject development's property owner's association. The active recreational area and amenity value shall be equivalent to the value of one recreational unit for each 30 dwelling units. The active recreational area and amenity value and design shall be approved by the Zoning Administrator in conjunction with the Director of Parks and Recreation. These open space active recreational areas and amenities shall be in addition to the minimum recreational facilities identified in § 165-402.08. The gross density requirements as required in § 165-402.05 shall not be exceeded through the reduction of common open space. Requests for an open space reduction waiver would be considered by the Board of Supervisors during the master development plan process. Acceptance of the reduced open space request will be based on the quality of the open space and the recreational amenities provided.
§ 165-402.08 Recreation facilities.
A.
Single-family small lot, multiplex, townhouse, back-to-back townhouse, garden apartment and multifamily building housing types shall provide the following recreational units or equivalent recreational facilities for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single-family small-lot housing shall provide a community center that provides for the equivalent of three age-appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible and centrally located to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Zoning Administrator in conjunction with the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review.
(1)
The Board of Supervisors may provide a waiver for the community center requirement specified in § 165-402.08A in single-family small-lot subdivisions that contain less than 25 lots. This waiver may be requested by the applicant during the consideration of the subdivision design plan if no master development plan is required. The applicant is required to demonstrate how an equivalent recreational value of three recreational units for each 30 dwelling units, prorated, is being provided within the project, to the County, or a combination of both as a condition of requesting approval of a waiver by the Board of Supervisors.
B.
A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the total development. An example recreational unit shall be as follows:
(1)
Playground: composite play system for school-age children with a minimum of eight play features and one swing set.
Quantity | Equipment |
|---|---|
Deck heights reaching at least 5 feet | |
Minimum 2 | 2- to 5-year-old play features |
Minimum 1 | Slides |
Minimum 1 | Climbing features |
Minimum 1 | Overhead features |
Minimum 1 | Tunnels |
Minimum 1 | Play panels |
Minimum 1 | Swings (8 feet high, 2 seats) |
(2)
Or any recreational facilities of equivalent monetary value which may include:
§ 165-402.09 Dimensional requirements.
The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Zoning Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water.
A.
Single-family detached rural traditional. This dwelling type consists of a fully detached, large-lot single-family residence on an individual lot with private yards on all four sides, without public sewer and water. Dimensional requirements shall be as follows:
A. Lot Dimensions | |
A1 Minimum lot area | 100,000 square feet |
A2 Minimum lot depth to width ratio | 1:3 |
B. Building Setbacks | |
B1 From road right-of-way | 60 feet |
B2 Side | 15 feet |
B3 Rear | 50 feet |
C. Setbacks for unroofed decks, stoops, landings and similar features | |
C1 Front from road right-of-way | 50 feet |
C2 Side | 10 feet |
C3 Rear | 35 feet |
D. Minimum Parking | |
D1 Required off-street parking | 2 per unit |
E. Height | |
E1 Principal building (max) | 35 feet |
E2 Accessory building (max) | 20 feet |
B.
Single-family detached traditional. This dwelling type consists of a fully detached, large-lot single-family residence with private yards on all four sides without required common open space. Dimensional requirements shall be as follows:
A. Lot Dimensions | |
A1 Minimum lot area | 15,000 square feet |
A2 Minimum lot width at setback | 80 feet |
B. Building Setbacks | |
B1 From road right-of-way | 35 feet |
B2 Side | 10 feet |
B3 Rear | 25 feet |
C. Setbacks for unroofed decks, stoops, landings and similar features | |
C1 Front from road right-of-way | 25 feet |
C2 Side | 5 feet |
C3 Rear | 15 feet |
D. Minimum Parking | |
D1 Required off-street parking | 2 per unit |
E. Height | |
E1 Principal building (max) | 35 feet |
E2 Accessory building (max) | 20 feet |
C.
Single-family detached urban. This dwelling type consists of a fully detached, single-family residence on an individual lot with private yards on all four sides. Dimensional requirements shall be as follows:
A. Lot Dimensions | |
A1 Minimum lot area | 12,000 square feet |
A2 Minimum lot width at setback | 70 feet |
A3 Minimum lot width at road right-of-way | 40 feet |
B. Building Setbacks | |
B1 From road right-of-way | 35 feet |
B2 Side | 10 feet |
B3 Rear | 25 feet |
C. Setbacks for unroofed decks, stoops, landings and similar features | |
C1 Front from road right-of-way | 25 feet |
C2 Side | 5 feet |
C3 Rear | 15 feet |
D. Minimum Parking | |
D1 Required off-street parking | 2 per unit |
E. Height | |
E1 Principal building (max) | 35 feet |
E2 Accessory building (max) | 20 feet |
D.
Single-family detached cluster. This dwelling type consists of a fully detached, single-family residence on an individual lot, with private yards on all four sides. Dimensional requirements shall be as follows:
A. Lot Dimensions | |
A1 Minimum lot area | 8,000 square feet |
A2 Minimum lot width at setback | 60 feet |
A3 Minimum lot width at road right-of-way | 30 feet |
B. Building Setbacks | |
B1 From road right-of-way | 25 feet |
B2 Side | 8 feet |
B3 Rear | 20 feet |
C. Setbacks for unroofed decks, stoops, landings and similar features | |
C1 Front from road right-of-way | 15 feet |
C2 Side | 5 feet |
C3 Rear | 10 feet |
D. Minimum Parking | |
D1 Required off-street parking | 2 per unit |
E. Height | |
E1 Principal building (max) | 35 feet |
E2 Accessory building (max) | 20 feet |
E.
Single-family detached zero lot line. This dwelling type consists of a fully detached, single-family residence on an individual lot. The building is set on one of the side property lines, with a maintenance easement on the adjoining lot. Dimensional requirements shall be as follows:
A. Lot Dimensions | |
A1 Minimum lot area | 6,000 square feet |
B. Building Setbacks | |
B1 From road right-of-way | 25 feet |
B2 Minimum on-site building spacing (side) | 25 feet |
B3 Rear | 25 feet |
C. Setbacks for unroofed decks, stoops, landings and similar features | |
C1 Front from road right-of-way | 15 feet |
C2 Side | 20 feet |
C3 Rear | 15 feet |
D. Minimum Parking | |
D1 Required off-street parking | 2 per unit |
E. Height | |
E1 Principal building (max) | 35 feet |
E2 Accessory building (max) | 20 feet |
F. Supplemental Regulations | |
F1 A maintenance easement of 10 feet in width must be obtained on the lot adjacent to the zero lot line side. | |
F2 The opposite side yard must be maintained clear of any obstructions other than a three-foot eaves encroachment, swimming pools, normal landscaping, removable patio covers extending no more than five feet or garden walls or fences. In no case shall any encroachment other than a fence be placed within the required maintenance easement. | |
F3 The zero lot line side must not be adjacent to a road right-of-way. | |
F.
Single-family small lot. This dwelling type consists of a single-family detached or attached residence on an individual lot. No more than two units may be attached together. Dimensional requirements shall be as follows:
A. Lot Dimensions | ||
A1 Minimum lot area | 3,750 square feet | |
B. Building Setbacks | ||
B1 From public or private road right-of-way | 25 feet | |
B2 The front setback may be reduced to 15 feet, provided that the residential unit utilizes a rear alley for access and there are no driveways on the private or public road fronting the residential unit. | ||
B3 Side | Detached option: 5 feet | Attached option: 10 feet |
B4 Rear | 15 feet | |
B5 Minimum building spacing | Attached option: 20 feet | |
C. Setbacks for unroofed decks, stoops, landings and similar features | ||
C1 Front from private/public road | 15 feet | Rear alley option: 10 feet |
C2 Side (end unit) | 5 feet | |
C3 Rear | 10 feet | |
C4 Rear (from open space) | 5 feet | |
D. Minimum Parking | ||
D1 Required off-street parking | 2 per unit | |
E. Height | ||
E1 Principal building (max) | 35 feet | |
E2 Accessory building (max) | 20 feet | |
F. Supplemental regulations | ||
F1. A minimum of 20 landscape plantings shall be provided on each individual lot. At least 1/4 of the landscape plantings shall be trees, with the remainder being shrubs. The trees shall be a minimum of two inches in caliper at time of planting, and the shrubs shall be a minimum of three. | ||
F2. Detached accessory structures may not exceed 150 square feet. | ||
G.
Multiplex. A "multiplex" is an attached residence containing three to four dwelling units. Units may or may not have independent outside access. Units within multiplex structures may be arranged side to side, back to back or vertically. Dimensional requirements shall be as follows:
A. Lot Dimensions | |
A1 Minimum lot area per unit | 3,000 square feet |
A2 Maximum site impervious surface ratio | 0.50 |
B. Building Setbacks | |
B1 From road right-of-way | 35 feet |
B2 From parking areas or driveways | 20 feet |
B3 Side | 15 feet from perimeter boundary |
B4 Rear | 25 feet from perimeter boundary |
C. Setbacks for unroofed decks, stoops, landings and similar features | |
C1 Front from road right-of-way | 25 feet |
C2 Front from parking areas or driveways | 15 feet |
C3 Side | 10 feet |
C4 Rear | 15 feet |
D. Minimum Parking | |
D1 Required off-street parking | 2 per unit |
E. Height | |
E1 Principal building (max) | 35 feet |
E2 Accessory building (max) | 20 feet |
H.
Townhouse; back-to-back townhouse. This dwelling type consists of a single-family attached dwelling unit from ground to roof, with individual outside access. Rows of townhouses shall contain no more than eight dwelling units in a group. Back-to-back townhouses shall contain no more than 16 dwelling units in a group. Dimensional requirements shall be as follows:
[Amended 5-25-2022]
A. Lot Dimensions | |||
A1 Minimum lot area | 1,500 square feet | ||
A2 Minimum lot width | End unit: 22 feet | Interior unit: 18 feet | |
B. Building Setbacks | |||
B1 From public or private road right-of-way | With garage: 25 feet | Without garage: 15 feet | |
B2 From off-street parking lot | 15 feet | ||
B3 Side | 10 feet | ||
B4 Rear | 20 feet | Back-to-back option: N/A | |
C. Setbacks for unroofed decks, stoops, landings and similar features | |||
C1 Front from off-street parking lot | 10 feet | ||
C2 Front from private/public road | 15 feet | ||
C3 Side (end unit) | 5 feet | ||
C4 Rear | 5 feet | ||
D. Minimum Parking | |||
D1 Required off-street parking | 2.5 per unit | ||
E. Height | |||
E1 Principal building (max) | 40 feet | ||
E2 Accessory building (max) | 20 feet | ||
I.
Garden apartments. This housing type consists of buildings that contain multiple dwelling units that share a common yard area. The entire dwelling unit does not necessarily have to be on the same floor. Garden apartments shall be at least two stories high but no more than four stories and shall contain six or more units in a single structure, not to exceed 16 units within a single structure. Dimensional requirements shall be as follows:
A. Lot Dimensions | |
A1 Maximum site impervious surface ratio | 0.60 |
B. Building Setbacks | |
B1 From public road right-of-way | 35 feet |
B2 From private road right-of-way, off-street parking lot or driveway | 20 feet |
B3 Side (perimeter) | 20 feet |
B4 Rear (perimeter) | 25 feet |
B5 Rear for balconies and decks | 20 feet |
B6 Minimum on-site building spacing: Buildings placed side to side shall have a minimum distance of 20 feet between buildings; buildings placed side to back shall have a minimum distance of 35 feet between buildings. Buildings back to back shall have a minimum distance of 50 feet between buildings. | |
C. Minimum Parking | |
C1 Required off-street parking | 2 per unit |
D. Height | |
D1 Principal building (max): | 55 feet |
D2 Accessory building (max) | 20 feet |
J.
Multifamily residential buildings. This housing type consists of multifamily buildings with a minimum of four dwelling unit entrances sharing an internal corridor per floor. The entire dwelling unit does not necessarily have to be on the same floor. External corridors are not permitted. Multifamily residential buildings shall only be located in areas designated in the Comprehensive Plan as neighborhood villages, urban centers or other areas planned for high-density residential. Dimensional requirements shall be as follows:
A. Lot Dimensions | |
A1 Maximum site impervious surface ratio | 0.60 |
B. Building Setbacks | |
B1 From public road right-of-way | 35 feet |
B2 From off-street parking lot or driveway | 20 feet |
B3 Side (perimeter) | 50 feet |
B4 Rear (perimeter) | 50 feet |
B5 Rear for balconies and decks | 20 feet |
B6 Minimum on-site building spacing: Buildings placed side to side shall have a minimum distance of 20 feet between buildings; buildings placed side to back shall have a minimum distance of 35 feet between buildings. Buildings back to back shall have a minimum distance of 50 feet between buildings. | |
C. Minimum Parking | |
C1 Required off-street parking | 2 per unit |
D. Height | |
D1 Principal building (max): 60 feet, provided that a multifamily residential building may be erected to a maximum of 80 feet if it is set back from road right-of-ways and from lot lines in addition to each of the required minimum yard dimensions, a distance of not less than one foot for each one foot of height that it exceeds the sixty-foot limit. | |
D2 Accessory building (max) | 20 feet |
K.
Age-restricted multifamily housing. "Age-restricted multifamily housing" is multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Age-restricted multifamily housing shall only be permitted within proffered age-restricted developments. Elevator service shall be provided to each floor of age-restricted multifamily housing structures for use by residents and guests. Dimensional requirements shall be as follows:
A. Lot Dimensions | |
A1 Minimum lot area | 3 acres |
A2 Maximum site impervious surface ratio | 0.60 |
A3 Maximum number of units per building | 110 |
B. Building Setbacks | |
B1 From road right-of-way | 60 feet |
B2 From off-street parking lot or driveway | 5 feet |
B3 Side (perimeter): 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single-family residences. | |
B4 Rear (perimeter): 100 feet from the perimeter boundary. An additional two feet from the perimeter boundary shall be added for every foot that the height of the building exceeds 40 feet when the adjacent use is single-family residences. | |
B5 Rear for balconies and decks | May extend 10 feet into a perimeter setback |
B6 Minimum on-site building spacing: Buildings placed side to side shall have a minimum distance of 20 feet between buildings; buildings placed side to back shall have a minimum distance of 35 feet between buildings. Buildings back to back shall have a minimum distance of 50 feet between buildings. | |
C. Minimum Parking | |
C1 Required off-street parking | 1.5 per unit |
D. Height | |
D1 Principal building (max): The maximum structure height for any principal building shall be 40 feet. The Board of Supervisors may waive the forty-foot height limitation, provided that it will not negatively impact adjacent residential uses. In no case shall any principal building exceed 60 feet in height. | |
D2 Accessory building (max) | 20 feet |
L.
Height for other uses. The height for all other uses not otherwise specified shall not exceed 45 feet.
M.
Setbacks for accessory structures. Accessory structures shall be set back from all property lines a minimum of five feet, except for uses with a required enclosed yard.
O.
Setbacks from business and industrial uses. All proposed structures shall be set back 50 feet from the boundary of land zoned for business or industrial uses or land currently containing business or industrial uses.
P.
Pipestem lots. The use of pipestem lots is permitted for single-family detached traditional, single-family detached urban and single-family detached cluster lot types, if all of the following design requirements are met:
(1)
The total number of pipestem lots in a residential development may not exceed 5% of the total number of lots.
(2)
Pipestem lots shall have a minimum road frontage of 20 feet.
(3)
Pipestem lot driveways shall access only one lot.
(5)
Pipestem lot driveways shall not adjoin other pipestem driveways.
(6)
Unless specified differently above, pipestem lots shall comply with all other regulations of the Frederick County Zoning and Subdivision Ordinances.
§ 165-403.01 Intent.
The MH1 Mobile Home Community District is designed to provide for planned communities for mobile homes. This district is intended for the location of mobile homes on land under common ownership or for the creation of lots for mobile homes. Such planned developments are intended to be provided with appropriate roadways and amenities and suitable landscaping and transition areas to blend the mobile home community with surrounding land uses.
§ 165-403.02 Permitted uses.
The following uses are allowed:
A.
Mobile homes.
B.
Mobile home parks.
C.
Mobile home subdivisions.
D.
Schools.
E.
Churches and places of worship.
[Amended 7-10-2024]
F.
Public parks, playgrounds and recreational uses.
G.
Accessory uses.
H.
Public utilities excluding energy-generating facilities.
[Amended 1-8-2020]
I.
Fire stations and companies and rescue squads.
J.
Home occupations.
K.
Totally enclosed storage facilities for use by the residents of the mobile home park or subdivision.
N.
(Reserved)[3]
[3]
Editor's Note: Former Subsection N, Signs allowed in § 165-201.06B, added 2-13-2008, was repealed 5-10-2023.
O.
Short-term lodging.
[Added 9-28-2022]
§ 165-403.03 Conditional uses.
The following uses are permitted with a conditional use permit:
A.
Cottage occupations.
§ 165-403.04 Mobile home parks and subdivisions.
Mobile homes may be located in planned developments on parcels of land under common ownership or as mobile home subdivisions. Such mobile home parks and subdivisions shall meet the following requirements:
A.
Dimensional requirements.
(1)
Density. The gross density of any mobile home park or subdivision shall not exceed eight units per acre.
(2)
Spacing requirements. No mobile home shall be placed within 20 feet of another.
(3)
Lot requirements. Minimum lots of 4,000 square feet shall be established for each dwelling unit. The corners of such lots shall be clearly posted by permanent markers which shall be maintained.
(4)
Setbacks. All dwelling units shall be set back a minimum of 20 feet from any street right-of-way. All dwelling units shall be set back at least 10 feet from all common areas, parking lots and sidewalks. All accessory uses shall be set back at least five feet from any lot line or property boundary.
(5)
Perimeter. All structures shall be set back at least 50 feet from the perimeter boundary of the mobile home park.
B.
Common areas. All mobile home parks and subdivisions shall have a common area of at least 4,000 square feet in area. In addition, at least 15% of the total gross area of all mobile home parks or subdivisions shall be in common areas. There shall be at least 50 square feet of common area for each dwelling unit.
(1)
Landscaping. All common areas shall be planted with appropriate landscaping, including trees, shrubs and grass lawns. This landscaping shall be properly maintained.
(2)
Recreation facilities. All mobile home parks and subdivisions shall contain at least one recreational unit as described by § 165-402.08 of this chapter. This recreational unit shall be intended to meet the needs of 30 dwelling units. One recreational unit shall be provided for each 30 dwelling units. The design and amount of recreational facilities shall be approved by the Administrator and the Department of Parks and Recreation at the time of site plan review.
(3)
Homeowners' associations. In the case of mobile home subdivisions, common areas shall be dedicated to and maintained by homeowners' associations. The mobile home subdivisions and the homeowners' associations shall meet all requirements of this chapter.
C.
Streets.
(1)
All mobile home lots in a mobile home park shall have direct access to a dedicated public street which meets all requirements of the Virginia Department of Transportation.
(2)
Private streets in existing mobile home parks. The Board of Supervisors may allow new sections of existing mobile home parks, which are currently served by a complete system of private streets, to be provided with access using private streets. In such cases, the private streets must meet the following requirements:
[Amended 9-26-2012]
(a)
Street widths. The minimum right-of-way width for private streets in a mobile home park shall be 30 feet. Dead-end streets shall be provided with culs-de-sac, with a minimum radius of 40 feet. A minimum pavement width of 20 feet shall be provided, with a minimum shoulder width of six feet. The minimum paved radius for a cul-de-sac shall be 30 feet.
(b)
Street construction. Private streets shall be adapted to the topography and shall have suitable alignment and gradient for traffic safety, satisfactory surface drainage and proper functioning of sanitary and storm sewer systems. A surface of bituminous prime-and-double-seal treatment shall be applied on a base of no less than six inches of compacted gravel. The full width of the street shall be properly graded to provide suitable grades for pavements, adequate surface drainage and convenient access to the mobile home lots.
(c)
Intersections. Street intersections shall generally be at right angles. Offsets at intersections and intersections of more than two streets at one point shall be avoided.
D.
Off-street parking. At least two off-street parking spaces shall be provided for each dwelling unit. Mobile home parks and subdivisions may employ common parking lots to provide off-street parking. Such parking lots shall meet all requirements of this chapter.
E.
Sewer and water facilities. It must be certified by the Virginia Department of Health that each mobile home lot will be provided with an approved source of water supply and an approved means of sewage disposal before the mobile home park will be approved. Water and sewer service must be provided through the use of public or community systems. All community systems shall be dedicated to a public authority.