Frederick County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE IV
Primary Zoning Districts
§ 165-401.01 General.
A.
Land within Frederick County, as it exists at the time of this chapter being enacted, is hereby divided into classes of primary zoning districts to:
(1)
Regulate and restrict the location and use of buildings and land for trade, industry, residence, and other purposes in accordance with the objectives of the Frederick County Comprehensive Plan;
(2)
Regulate and restrict the location, height, and size of buildings hereafter erected or structurally altered; and
(3)
Ensure adequate setbacks, open spaces, and public facilities to support the County's population.
B.
To carry out the purpose stated in Article I, General Provisions, of this chapter and Subsection A, above, Frederick County is hereby divided into the following primary zoning districts as shown in Table IV-1, the boundaries of which shall be shown on the Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is on file in the County offices.
C.
For reference purposes throughout this chapter, unless specifically provided to the contrary, the terms as shown in Table IV-1, below, shall be used to refer to primary zoning districts:
Table IV-1: Frederick County Primary Zoning Districts | |
|---|---|
Agricultural Districts | |
RA | Rural Areas |
Residential Districts | |
RP | Residential Performance |
MH1 | Mobile Home Community |
Business or Commercial Districts | |
B1 | Neighborhood Business |
B2 | General Business |
B3 | Industrial Transition |
HE | Higher Education |
Industrial Districts | |
TM | Technology-Manufacturing Park |
M1 | Light Industrial |
M2 | Industrial General |
EM | Extractive Manufacturing |
Planned Development Districts | |
R4 | Residential Planned Community |
R5 | Residential Recreational Community |
MS | Medical Support |
D.
Overlay Zoning Districts are established in Article V, Overlay Districts, of this chapter.
§ 165-401.02 Purpose and intent of primary Zoning Districts.
A.
Agricultural District.
(1)
RA, Rural Areas District.
(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, which 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.
B.
Residential Districts.
(1)
RP, Residential Performance District.
(a)
The RP, Residential Performance District, 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 § 165-405.01, a number of general performance requirements are identified. When a housing development has satisfied these requirements, this district is intended to provide a large degree of flexibility in development and housing design. This design process is accomplished through a Master Development Plan (MDP) which is designed in cooperation with the County staff.
(c)
It is the intent of this district to allow a mixture of housing types on the land within an approved MDP. Within § 165-405.01, the permitted development percentages and densities for all housing types are identified. The MDP shall specify the amount and percentages of all proposed housing types.
(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 district 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 district 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 (ROW) 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 article where discretion is given to the Zoning Administrator, that discretion shall be exercised with this statement of intent as the primary guide for action.
(2)
MH1, Mobile Home Community District. 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.
C.
Business Districts.
(1)
B1, Neighborhood Business District. The intent of this district is to provide small business areas to serve the daily household needs of surrounding residential neighborhoods. The North American Industry Classification System (NAICS) may be used to assist the Zoning Administrator in classifying the permitted uses. Uses allowed primarily consist of limited retailing, convenience, and personal service uses. Business uses in this district should be small in footprint and should not produce substantial vehicle traffic in excess of what is usual in the residential neighborhoods.
(2)
B2, General Business District. The intent of this district is to provide large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. The North American Industry Classification System (NAICS) may be used to assist the Zoning Administrator in classifying the permitted uses.
(3)
B3, Industrial Transition District. The intent of this district is to provide for heavy commercial activities, involving larger-scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. The North American Industry Classification System (NAICS) may be used to assist the Zoning Administrator in classifying the permitted uses.
(4)
HE, Higher Education District. The HE, Higher Education District, is intended to permit institutions of higher education in appropriate areas. It is intended that uses in this district be properly separated from different uses in adjoining districts. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.
D.
Industrial Districts.
(1)
TM, Technology-Manufacturing Park District. The TM District is designed to provide areas for Economic Development Authority (EDA) targeted industries, data centers, offices, low-impact industrial, assembly, and manufacturing uses. Uses are allowed which do not create significant noise beyond the property line, smoke, dust or other hazards. This district shall be located in a business campus-like setting with direct access to major transportation networks and/or rail facilities and areas where there is availability and/or close proximity to overhead electrical transmission lines. Buildings should include attractive architectural features utilizing high-quality building materials comparable to brick, stone, and glass. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.
(2)
M1, Light Industrial District. The intent of this district is to provide for a variety of light manufacturing, commercial office and heavy commercial uses in well-planned industrial settings. Uses are allowed which do not create noise, smoke, dust or other hazards. Uses are allowed which do not adversely affect nearby residential or business areas. Such industrial areas shall be provided with safe and sufficient access. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.
(3)
M2, General Industrial District. The intent of this district is to provide for a wide variety of heavy manufacturing, office and heavy traffic uses, including those which may not be compatible with nearby residential and general business areas. Performance controls are used to control potential nuisances, especially in relation to zoning district boundaries. Such industrial areas shall be provided with safe and sufficient access. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.
(4)
EM, Extractive Manufacturing District. The intent of the EM, Extractive Manufacturing District, is to provide for mining and related industries, all of which rely on the extraction of natural resources. Provisions and performance standards are provided to protect surrounding uses from adverse impacts. It is also the intent of this district to avoid the encroachment of incompatible uses on the borders of the EM District. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.
E.
Planned development districts.
(1)
R4, Residential Planned Community District.
(a)
The intention of the R4, Residential Planned Community District, is to provide for a mixture of housing types and uses within a carefully planned setting. All land to be contained within the Residential Planned Community District shall be included within an approved MDP. The layout, phasing, density and intensity of development is determined through the final approval of the MDP by the County.
(b)
Special care is taken in the approval of the MDP to ensure that the uses on the land are arranged to provide for compatibility of uses, to provide environmental protection and to avoid adverse impacts on surrounding properties and facilities. The district is intended to create new neighborhoods with an appropriate balance between residential, employment and service uses. Innovative design is encouraged.
(c)
Special care is taken in the approval of R4 developments to ensure that necessary facilities, roads, and improvements are available or provided to support the R4 development.
(d)
Planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan.
(2)
R5, Residential Recreational Community District. The intention of the R5, Residential Recreational Community District, is to provide for a carefully planned recreational community which takes advantage of unique natural features and settings. Such communities shall be planned in a fashion that will protect and preserve natural and historic resources and features and that will protect and enhance the natural scenic value of the area to be developed and surrounding areas. The Residential Recreational Community District provides for a mixture of housing types and uses, including age-restricted communities, within a carefully planned setting. Special emphasis is placed on recreational and open space uses. Business and service uses are allowed to meet the needs of residential recreational communities.
(3)
MS, Medical Support District. The MS, Medical Support District, is intended to provide for areas to support hospitals, medical centers, medical offices, clinics, and schools of medicine. These areas are intended to allow for a variety of support services and related residential land uses to be within close proximity of each other to provide for professional and patient convenience. All land to be contained within the Medical Support District shall be included within an MDP to ensure that land uses are compatibly mixed, designed in a harmonious fashion, and developed to minimize adverse impacts to adjoining properties. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.
§ 165-402.01 General.
This Part and subsequent parts establish various regulations controlling the area, bulk, height, location, spacing, density, and intensity of the various allowed uses, structures, and lots.
§ 165-402.02 Additional standards.
A.
In addition to the standards provided for each district, additional standards may apply, as listed below:
(1)
Use performance standards. Article VII, Additional Regulations for Specific Uses, of this chapter establishes additional standards pertaining to specific uses.
(2)
Community development standards. Article VIII, Community Development Standards, of this chapter establishes additional standards for:
(a)
Nuisances;
(b)
Buffers and landscaping;
(c)
Environmental protection;
(d)
Off-street parking, loading, and access;
(e)
Open space;
(f)
Outdoor lighting;
(g)
Outdoor storage;
(h)
Recreational facilities;
(i)
Signs;
(j)
Walls and fences;
(k)
Shopping centers, office parks, and industrial parks; and
(l)
Temporary trailers.
§ 165-402.03 Determination and measurement of lots and setbacks.
A.
General.
(1)
All lots created shall conform with the size and dimensional requirements established by this article.
(2)
Except where specifically allowed by this chapter, no more than one dwelling shall be allowed on a lot.
(a)
A separate entrance, together with separate equipment, including a sink, stove or other kitchen or sanitary facilities, shall be prima facie evidence that separate occupancy exists and that a separate dwelling exists.
(3)
No principal structure shall be placed in the front, side, or rear yard setback areas specified by this article.
(4)
No accessory structure shall be placed within the front setback areas of the underlying zoning district as specified by this article.
B.
Measurement methods.
(1)
All setbacks.
(a)
The setback for structures is measured from the lot lines of the lots containing the structure.
(b)
When a lot is adjacent to a road, street, or easement ROW, the setback shall be measured from the boundary of the ROW.
(2)
Front setbacks.
(a)
Front yard setbacks shall be required wherever a lot abuts a road or street ROW.
(b)
Where a lot abuts a public street or road with a ROW width less than would normally be required to create such a road, additional front setback distances may be required to allow for expansion or improvement of that road.
[1]
In addition, when improvement plans have been adopted for a road or street by the County, additional front setback distances shall be required to allow for the planned road improvement.
[2]
The additional front setback distances provided on any lot shall be equal to 1/2 of the additional ROW width needed to meet the normally required ROW width or planned ROW width.
(c)
Setback averaging.
[1]
Where the average front yard setback distance for adjacent lots is less than the minimum required front yard, the Zoning Administrator may allow a front yard setback distance less than normally required on the lot to be developed.
[2]
In such cases, the front setback distance for the lot to be developed shall be the average of the minimum front setback distances on developed lots on the same street or road within 200 feet of the lot to be developed.
(3)
All setbacks on corner lots.
(a)
On a lot with more than one side abutting a street or road (corner lot), front setbacks shall be provided wherever the lot abuts a street.
(b)
To determine the location of side and rear lot lines, the front shall be deemed to be the shortest side with frontage on the street or road. The rear boundary, with a required rear setback, shall be deemed to be opposite from the front side. All other sides not abutting a street shall be deemed to be side boundaries.
(c)
The Zoning Administrator may determine that a side other than the shortest is the front in order to ensure that the placement of the setback yards conforms with the placement of structures on surrounding lots. In all cases, a front and rear yard shall be designated.
Figure IV-1: Corner Lots  |
§ 165-403.01 Setback encroachments.
A.
The following features may extend into setback yards as described:
(1)
Air conditioners and similar equipment. Air conditioners, heat pumps, and similar mechanical equipment that are attached to the primary structure may extend three feet into any side or rear yard area but shall not be closer than five feet to any lot line.
(2)
Architectural and structural features.
(a)
Cornices, canopies, awnings, eaves, gutters, or other similar overhanging features which are at least eight feet above the grade may extend three feet into any required yard setback area.
(b)
Chimneys, sills, headers, belt courses, and similar structural features may extend three feet into required yard setback areas.
(3)
Porches and related features.
(a)
In the RA and MH1 Zoning Districts, balconies, porches, stoops, decks, bay windows, steps and stairways which comprise less than 1/3 of the length of the wall of the primary structure may extend three feet into a required setback yard.
(b)
In no case shall such features be closer than five feet to a lot line.
(4)
Retail petroleum pumps.
(a)
Retail petroleum pumps and canopy supports shall be located at least 20 feet from any road ROW boundary.
(b)
The canopies covering the petroleum pumps shall be no closer than five feet to any road ROW.
(5)
Storage sheds. Storage sheds which are attached to townhouses that can only be accessed through an outer entrance and do not exceed 1/4 the width of the dwelling unit may extend 10 feet into a rear or perimeter setback area or the active portion of a required buffer area.
(6)
Protective entrance canopies.
(a)
Protective entrance canopies and support columns which are attached to the primary structure may extend into the front yard setback areas for funeral homes, schools, churches and places of worship, day-care facilities, and libraries.
(b)
The purpose of such canopies is to provide protection to patrons from the elements of weather as the patron enters or exits the structure.
(c)
In no case shall the canopy or its structure be located closer than 20 feet from a road ROW boundary.
(7)
Handicap-accessible ramps. An unroofed handicap-accessible ramp shall be permitted to encroach into a required yard when there are no other reasonable alternatives for the location of such ramp on the property or other means of ingress/egress into or from the residence as determined by the Zoning Administrator.
§ 165-403.02 Setback exemptions.
Fences, freestanding walls, and berms shall be exempt from the setback requirements.
§ 165-403.03 Height exemptions and waivers.
A.
General. No structure shall exceed the height limitations described in this article.
B.
Exemptions.
(1)
Height exceptions shall be allowed only if they:
(a)
Accomplish the purpose for which they are intended;
(b)
Are not intended for human occupancy; and
(c)
Do not infringe on the solar access of surrounding properties.
(2)
If any of the exceptions, below, exceed the height limitation of the proposed zoning district, the structure shall be required to be set back the normal setback or required buffer distance plus one foot for every foot over the maximum allowed height of that zoning district.
(3)
The maximum height requirements shall not apply to the following:
(a)
Barns and silos;
(b)
Belfries;
(c)
Bulkheads;
(d)
Chimneys;
(e)
Spires and towers associated with churches and places of worship;
(f)
Flagpoles;
(g)
Domes and skylights;
(h)
Masts and aerials;
(i)
Radio and television transmission towers and commercial telecommunication facilities;
(j)
Smokestacks and cooling towers;
(k)
Utility poles and towers;
(l)
Water tanks;
(m)
Windmills;
(n)
Parapet walls, provided that the maximum height of the underlying zoning district is not exceeded by more than four feet;
(o)
Solar collectors, air conditioners, and other mechanical equipment, provided they are screened from the public view of surrounding properties and ROWs;
(p)
Automated storage facilities in the TM, M1, and M2 Zoning Districts and automated manufacturing facilities in the M1 and M2 Zoning Districts;
[1]
Such exemptions shall be approved by the Frederick County Fire Marshal.
[2]
In no case shall the height of these facilities exceed 100 feet in height unless waived by the Board of Supervisors.
(q)
General office buildings in the B2 and B3 Zoning Districts and hotel and motel buildings in the B2 Zoning District, provided the maximum height of such buildings shall not exceed 60 feet; and
(r)
Buildings used for schools without residential components, provided those portions of the buildings are accessory and inconsequential to the primary function of the building, and provided that the maximum height of any portion of the building shall not exceed 75 feet.
C.
Waivers.
(1)
General. Waiver requests for height increases not otherwise exempt in the B3, TM, EM, M1, and M2 Zoning Districts shall adhere to the following requirements:
(a)
Architectural renderings of the proposed structure shall be submitted for review by the Planning Commission and the Board of Supervisors.
(b)
The Board of Supervisors may require buffer and screening elements and/or additional distance when deemed necessary to protect existing adjacent uses.
(c)
The Board of Supervisors may require additional conditions as deemed necessary.
(d)
This waiver shall not be permitted to increase the height of any signage regulated by Article VIII, Community Development Standards, of this chapter.
(e)
The Planning Commission and the Board of Supervisors shall hold a public hearing for any height waiver request, in accordance with Article III, Permits and Applications, of this chapter.
(2)
Height Waivers — Commercial Districts.
(a)
The Board of Supervisors may waive the maximum height in the HE District, provided it will not negatively impact adjacent residential uses. In considering the height waiver, the Board of Supervisors may require architectural renderings that demonstrate potential impacts on adjacent residential uses. In no case shall any structure exceed 75 feet in height.
(3)
Height waivers in Industrial Districts.
(a)
The Board of Supervisors may waive the maximum height in the TM, M1, M2, and EM Zoning Districts in accordance with this section, provided it will not negatively impact adjacent uses.
[1]
In no case shall any structure in the TM, M1, or M2 districts exceed 150 feet in height.
[2]
In no case shall any structure in the EM district exceed 200 feet in height.
§ 165-403.04 Structural location survey requirements.
A.
The following survey requirements shall be complete for applicable primary and accessory structures within all zoning districts as described:
(1)
A surveyor licensed in the Commonwealth of Virginia shall establish the location of:
(a)
Any primary structure that is located five feet or less from any minimum setback requirement; and
(b)
Any accessory structure occupying an area of 500 square feet or greater that is located five feet or less from any minimum setback requirement.
(2)
Information verifying the footing location stakeout shall be provided on the appropriate building permit setback report prior to the approval of the footing for the primary or accessory structure.
(3)
A midconstruction survey shall be prepared by the surveyor of record once the rough framing of the primary or accessory structure is in place. Rough framing shall include the foundation, all exterior walls and the roof system.
(4)
The surveyor of record shall complete the required information on the building permit setback report and affix his or her professional seal containing the appropriate signature and date.
(5)
The building permit setback report containing the required footing location stakeout surveyor information shall be posted on the construction site with the building permit hard card at the time of the footing inspection.
(6)
The building permit setback report containing the required mid-construction surveyor information shall be provided to the Department of Building Inspections prior to the issuance of a CO by the Building Official.
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.
§ 165-404.01 RA, Rural Areas District Standards.
Table IV-2: RA Rural Areas District Standards | ||
|---|---|---|
Maximum Density | ||
All lots | 1 dwelling unit (DU)/5 acres | |
Minimum Lot Size | ||
All lots | 5 acres** | |
Minimum Required Setbacks | ||
Front | ||
Principal structures | 60 feet | |
Accessory structures, if ROW is public | 60 feet | |
Accessory structures, if ROW or easement is private | 45 feet | |
Side and Rear | ||
Principal structures | Adjoining Parcel Size | |
6 acres or less | 50 feet | |
More than 6 acres | 100 feet | |
More than 6 acres in Agricultural and Forest Districts (AFD); Orchard | 200 feet | |
Accessory structures | 15 feet | |
Minimum Required Setbacks, Rural Preservation Lots | ||
Front | ||
Principal structures, from ROW of any existing state-maintained road | 60 feet | |
Principal structures, from ROW of any existing private ingress/egress easement or state-maintained road constructed to serve the subdivision | 45 feet | |
Accessory structures, from the edge of ROW of any public street or roadway owned and maintained by VDOT | 60 feet | |
Accessory structures, from the edge of ROW of any ROW or ingress/egress easement | 45 feet | |
Side | These side and rear setbacks for principal structures apply whenever a rural preservation lot borders another rural preservation lot. If a lot does not border another rural preservation lot, the side and rear setbacks for principal structures shall follow the Minimum Required Setbacks listed above in this table. | |
All structures | 15 feet | |
Rear | ||
Principal structures | 40 feet | |
Accessory structures | 15 feet | |
Minimum Lot Width | ||
Rural preservation lots | Lots fronting on roads or the turnaround of a cul-de-sac proposed for dedication | 50 feet |
Lots fronting on existing state roads | 250 feet | |
All other lots | 250 feet | |
Maximum Depth/Width Ratio*** | ||
All lots | 5:1 | |
Maximum Height | ||
All structures | 35 feet | |
NOTES: | |
|---|---|
* | As determined by the size of the parent tract as it existed on December 11, 1991. |
** | Refer to Chapter 144, Subdivision of Land, for additional regulations for family divisions and rural preservation lots. |
*** | As measured at the front setback line. |
A.
General requirements.
(1)
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 specified in Table IV-2 above, provided they meet the requirements Chapter 144, Subdivision of Land, of the Frederick County Code.
(2)
One uninhabitable 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.
§ 165-405.01 RP, Residential Performance District Standards.
A.
Dimensional standards in the RP District shall be based on the housing type, as identified in Table IV-3, below, and defined in Article XI, Definitions, of this chapter.
(1)
For non-residential uses, dimensional standards shall be as identified in Table IV-6, below.
(2)
Maximum density requirements for all uses are established in Tables IV-7 and IV-8, below.
(a)
Within developments utilizing transferable development rights, the maximum gross residential density for the development shall be as determined in Article X, Transfer of Development Rights, of this chapter.
Table IV-3: RP Residential Performance District Standards - Residential Uses Single-Family Detached Development | |||||
|---|---|---|---|---|---|
Single-Family Detached Rural Traditional | Single-Family Detached Traditional | Single-Family Detached Urban | Single-Family Detached Cluster | Single-Family Detached Zero Lot Line | Single-Family Small Lot |
Minimum Lot Size | |||||
100,000 square feet | 15,000 square feet | 12,000 square feet | 8,000 square feet | 6,000 square feet | 3,750 square feet |
Minimum Lot Width | |||||
80 feet | At setback: 70 feet At ROW: 40 feet | At setback: 60 feet At ROW: 30 feet | |||
Minimum Lot Depth to Width Ratio | |||||
1:3 | |||||
Maximum Site Impervious Surface Ratio | |||||
Minimum Setbacks - Principal Structures | |||||
Front | |||||
60 feet | 35 feet | 35 feet | 25 feet | 25 feet | 25 feet* |
Side | |||||
15 feet | 10 feet | 10 feet | 8 feet | 25 feet | Detached: 5 feet Attached: 10 feet |
Rear | |||||
50 feet | 25 feet | 25 feet | 20 feet | 25 feet | 15 feet |
Minimum Setbacks - Accessory Structures, all sides | |||||
5 feet | |||||
Minimum Setbacks - Unroofed Decks, Stoops, Landings, and Similar Features | |||||
Front | |||||
50 feet | 25 feet | 25 feet | 15 feet | 15 feet | 15 feet** |
Side | |||||
10 feet | 5 feet | 5 feet | 5 feet | 20 feet | 5 feet |
Rear | |||||
35 feet | 15 feet | 15 feet | 10 feet | 15 feet | 10 feet; 5 feet if from open space |
Maximum Height | |||||
Principal structure: 35 feet | |||||
Accessory structures: 20 feet | |||||
Additional Dimensional Standards Included? | |||||
Yes (Subsection D(1), below) | Yes (Subsection D(2), below) | ||||
NOTES: | |
|---|---|
* | The 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. |
** | The setback is reduced to 10 feet, provided that the residential unit utilizes a rear alley. |
Table IV-4: RP Residential Performance District Standards - Residential Uses Single-Family Attached Development | ||
|---|---|---|
Multiplex | Townhouse; Back-to-Back Townhouse | Rear Alley Townhouse |
Minimum Lot Size | ||
3,000 square feet (per unit) | 1,500 square feet | |
Minimum Lot Width | ||
End unit: 22 feet Interior unit: 18 feet | ||
Minimum Lot Depth to Width Ratio | ||
Maximum Site Impervious Surface Ratio | ||
0.5 | ||
Minimum Setbacks - Principal Structures | ||
Front | ||
35 feet | With garage: 25 feet W/O garage: 15 feet | 15 feet* 10 feet** |
Side | ||
15 feet | Townhouse: 10 feet Back-to-back: 5 feet | 5 feet |
Rear | ||
25 feet | 20 feet Back-to-back: None | 6 feet** |
Minimum Setbacks - Accessory Structures, all sides | ||
5 feet | ||
Minimum Setbacks - Unroofed Decks, Stoops, Landings, and Similar Features | ||
Front | ||
25 feet | 15 feet Back-to-back: 5 feet | 5 feet 10 feet* |
Side | ||
10 feet | 5 feet Back-to-back, without garage: 10 feet | 2 feet** |
Rear | ||
15 feet | 5 feet | |
Maximum Height | ||
Principal structure: 35 feet | Principal structures: 40 feet | |
Accessory structures: 20 feet | ||
Additional Dimensional Standards Included? | ||
Yes (Subsection D(3), below) | Yes (Subsection D(4), below) | Yes (Subsection D(5), below) |
NOTES: | |
|---|---|
* | Provided the residential unit utilizes a rear alley access and there are no driveways on the private or public road fronting the residential unit. |
** | From shared rear alley access easement. |
Table IV-5: RP Residential Performance District Standards - Residential Uses, Multi-Family Development | ||
|---|---|---|
Garden Apartment | Multifamily Residential Buildings | Age-Restricted Multifamily Housing |
Minimum Lot Size | ||
3 acres | ||
Minimum Lot Width | ||
None | ||
Minimum Lot Depth to Width Ratio | ||
Maximum Site Impervious Surface Ratio | ||
0.60 | 0.60 | 0.60 |
Minimum Setbacks - Principal Structures | ||
Front | ||
35 feet if public ROW | 35 feet | 60 feet |
20 feet if private ROW or drive area | ||
Side | ||
20 feet | 50 feet | 100 feet**** |
Rear | ||
25 feet | 50 feet | 100 feet**** |
Minimum Setbacks - Accessory Structures, all sides | ||
5 feet | ||
Minimum Setbacks - Unroofed Decks, Stoops, Landings, and Similar Features | ||
Front | ||
None | None | None |
Side | ||
None | None | None |
Rear | ||
20 feet | 20 feet | May extend 10 feet into a perimeter setback |
Maximum Height | ||
Principal structures: 55 feet | Principal structures: 60 feet*** | Principal structures: 40 feet***** |
Accessory structures: 20 feet | ||
Additional Dimensional Standards Included? | ||
Yes (Subsection D(6), below) | ||
NOTES: | |
|---|---|
*** | A multifamily residential building may be erected to a maximum of 80 feet if it is set back from road right(s)-of-way 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 60-foot limit. |
**** | 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. |
***** | The Board of Supervisors may waive the 40-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. |
Table IV-6: RP Residential Performance District Stands - Non-Residential Uses | |
|---|---|
Minimum Setbacks - Principal Structures | |
Front | |
35 feet | |
Side | |
15 feet | |
Rear | |
50 feet | |
Minimum Setbacks - Accessory Structures, all sides | |
5 feet | |
Maximum Height | |
Principal structures | 45 feet |
Accessory structures | 20 feet |
Table IV-7: RP Residential Performance District Standards - Maximum Density by Land Use | ||
|---|---|---|
Land Use | Maximum Density (du/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 |
Table IV-8: RP Residential Performance District Standards - Maximum Density by Parcel Size* | ||
|---|---|---|
Parcel Size (acres) | Maximum Density (du/acre) | Maximum Percentage of Multifamily Housing |
0 to 10 | 10 | 100% |
10.1 to 25 | 6 | 100% |
25.1 to 50 | 6 | 75% |
NOTES: | |
|---|---|
* | For all housing types not listed in Table IV-5 and development with mixed housing types. |
B.
General requirements.
(1)
All uses shall be developed in accordance with an approved MDP unless otherwise waived under Article III, Permits and Applications, of this chapter.
(2)
More than one principal structure or use and its customary accessory structures or uses are permitted in the RP District for multiplexes, garden apartments, multifamily residential buildings, and age-restricted multifamily housing.
(3)
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 MDP 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 50% occupancy and are required to be complete by the time that section reaches 60% 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.
C.
Development standards.
(1)
Gross density and multifamily housing. A gross density shall be established for each proposed development, including all land contained within a single MDP, 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 density requirements in Tables IV-7 and IV-8, above, 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 MDP exceed the densities and percentages set forth in Tables IV-7 and IV-8, above.
(2)
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:
(a)
The total number of pipestem lots in a residential development may not exceed 5% of the total number of lots.
(b)
Pipestem lots shall have a minimum road frontage of 20 feet.
(c)
Pipestem lot driveways shall access only one lot.
(d)
Minimum yards shall be as follows:
[1]
Front, side, and rear yards: 20 feet.
[2]
Accessory buildings: 20 feet.
[3]
Side yard of lots adjoining pipestem driveway yard: 15 feet.
(e)
Pipestem lot driveways shall not adjoin other pipestem driveways.
(f)
Unless otherwise specified, pipestem lots shall comply with all other regulations of this chapter and Chapter 144, Subdivision of Land, of the Frederick County Code.
D.
Supplemental regulations.
(1)
Single-family detached zero lot line.
(a)
A maintenance easement of 10 feet in width must be obtained on the lot adjacent to the zero lot line side.
(b)
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.
(c)
The zero lot line side must not be adjacent to a road ROW.
(2)
Single-family small lot.
(a)
Landscaping plantings, in accordance with § 165-802.03 of this chapter, shall be provided on each individual lot. The trees shall be a minimum of two inches in caliper at time of planting, and the shrubs shall be a minimum of three.
(b)
Detached accessory structures may not exceed 150 square feet.
(3)
Multiplex.
(a)
All multiplexes shall be set back at least 20 feet from all parking areas and driveways.
(b)
All unroofed decks, stoops, landings, and similar features shall be set back at least 15 feet from parking areas or driveways.
(4)
Townhouse; back-to-back townhouse.
(a)
All townhouses shall be set back at least 15 feet from all off-street parking lots.
(b)
All unroofed decks, stoops, landings, and similar features shall be set back at least 10 feet from all off-street parking lots.
(5)
Rear alley townhouse.
(a)
The side setback may be reduced to 10 feet when adjacent to a private roadway or parking lot.
(6)
Garden apartments, multifamily residential buildings, and age-restricted multifamily housing.
(a)
Buildings placed side to side shall have a minimum distance of 20 feet between buildings.
(b)
Buildings placed side to back shall have a minimum distance of 35 feet between buildings.
(c)
Buildings back to back shall have a minimum distance of 50 feet between buildings.
E.
Residential uses. The following figures generally depict the layout of permitted residential uses in the RP district.
Figure IV-2: Single-Family Detached Rural Traditional  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Accessory Structure | C Minimum Setbacks - C: All | |
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-3: Single-Family Detached Traditional  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Accessory Structure | C Minimum Setbacks - C: All | |
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-4: Single-Family Detached Urban and Single-Family Detached Cluster  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Accessory Structure | C Minimum Setbacks - C: All | |
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-5: Single-Family Detached Zero Lot Line  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Accessory Structure | C Minimum Setbacks - C: All | |
Maintenance Easement | ||
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-6: Single-Family Small Lot, Detached with Rear Alley  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Accessory Structure | C Minimum Setbacks - C: All | |
Alley | ||
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-7: Single-Family Small Lot, Attached with Rear Alley  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Accessory Structure | C Minimum Setbacks - C: All | |
Alley | ||
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-8: Single-Family Small Lot, Detached without Alley  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Accessory Structure | C Minimum Setbacks - C: All | |
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-9: Single-Family Small Lot, Attached without Alley  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Accessory Structure | C Minimum Setbacks - C: All | |
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-10: Multiplex  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Accessory Structure | C Minimum Setbacks - C: All | |
Parking | ||
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-11: Townhouse, without Garage  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Accessory Structure | C Minimum Setbacks - C: All | |
Parking | ||
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-12: Townhouse, with Garage  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Accessory Structure | C Minimum Setbacks - C: All | |
Parking | ||
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-13: Townhouse, Back-to-Back, with Garage  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Parking | ||
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-14: Garden Apartments  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Parking | ||
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-15: Multifamily Residential Buildings  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Parking | ||
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
Figure IV-16: Age-Restricted Multifamily Buildings  |
KEY: | ||
|---|---|---|
Principal Structure | A Minimum Setbacks A1: Front A2: Side A3: Rear | |
Deck/Landing | B Minimum Setbacks B1: Front B2: Side B3: Rear | |
Parking | ||
Sidewalk | ||
Right-of-Way | ||
Property Lines | ||
§ 165-405.02 MH1, Mobile Home Community District Standards.
Table IV-9: MH1 Mobile Home Community District Standards | ||
|---|---|---|
Individual Manufactured Home Sites | Total Community Area | |
Maximum Density (du/acre) | ||
8 | ||
Minimum Lot Area | ||
All lots | 4,000 square feet | |
Minimum Required Setbacks | ||
Perimeter Setback | ||
Principal structures | 50 feet | |
Accessory structures | 5 feet | |
Street ROW Setback | ||
Principal structures | 20 feet | |
Common areas, parking lots and sidewalks | ||
Principal structures | 10 feet | |
Minimum Distance Between Structures | ||
Principal structures | 20 feet | |
A.
General requirements.
(1)
Manufactured homes may be located in planned developments on parcels of land under common ownership or as manufactured home subdivisions.
B.
Development standards.
(1)
Lots. The corners of lots for each individual dwelling unit shall be clearly posted by permanent markers which shall be maintained.
(2)
Utilities. Certification from the Virginia Department of Health (VDH) that each manufactured home lot will be provided with an approved source of water supply and an approved means of sewage disposal must be obtained before the manufactured home park will be approved.
(a)
Water and sewer service must be provided through a public or community systems.
(b)
All community systems shall be dedicated to a public authority.
(3)
Streets. Notwithstanding all applicable requirements of Chapter 144, Subdivision of Land, of the County Code, the following standards shall apply to all streets in all manufactured home parks:
(a)
Public streets. All manufactured home lots in a manufactured home park shall have direct access to a dedicated public street which meets all requirements of the Virginia Department of Transportation (VDOT).
(b)
Private streets. The Board of Supervisors may allow new sections of existing manufactured 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:
[1]
Right-of-way.
[a]
The minimum width for private streets in a manufactured home park shall be 30 feet.
[b]
Dead-end streets shall be provided with culs-de-sac, with a minimum radius of 40 feet.
[2]
Pavement.
[a]
A minimum pavement width of 20 feet shall be provided, with a minimum shoulder width of six feet.
[b]
The minimum paved radius for a cul-de-sac shall be 30 feet.
[3]
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.
[4]
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 manufactured home lots.
[5]
Street intersections shall generally be at right angles. Offsets at intersections and intersections of more than two streets at one point shall be avoided.
§ 165-406.01 Business District Standards.
Table IV-10: Business District Standards | ||||
|---|---|---|---|---|
B1, Neighborhood Business | B2, General Business | B3, Industrial Transition | HE, Higher Education | |
Minimum Lot Size | ||||
All lots | ||||
Minimum Required Setbacks | ||||
Front | ||||
All structures, if front yard is on primary or arterial highway | 50 feet | |||
All structures, if front yard is on collector or minor street | 35 feet | |||
Side | ||||
All structures | 15 feet | 15 feet* | ||
Rear | ||||
All structures | 15 feet | 25 feet* | ||
Minimum Lot Width | ||||
All lots | ||||
Minimum Lot Depth | ||||
All lots | ||||
Maximum Floor Area Ratio (FAR) | ||||
All lots | 0.3 | 1.0 | 2.0 | |
Maximum Height | ||||
All structures | 35 feet | 35 feet** | 45 feet | |
NOTES: | |
|---|---|
* | When the adjacent use is single-family residences, an additional foot shall be added to the minimum side and rear yard setback, as measured from the respective yard boundary, for every foot that the height of the structure exceeds 45 feet. |
** | Uses may exceed the height limitation so long as all front, side and rear setbacks conform to the setback requirements for the M1 (Light Industrial) Zoning District. In no case shall any structure exceed 45 feet in height. |
A.
B-2, General Business District development standards.
(1)
The Board of Supervisors may require that more than 15% of the area of a site shall be landscaped in order to meet the intent of this article.
(a)
Additional landscaped areas may be required to ensure that all unused areas are landscaped and to improve the general appearance and use of the site.
§ 165-407.01 Industrial District Standards.
Table IV-11: Industrial District Standards | ||||
|---|---|---|---|---|
TM, Technology-Manufacturing Park | M1, Light Industrial | M2, Industrial General | EM, Extractive Manufacturing | |
Minimum District Size | ||||
All | 10 contiguous acres | |||
Minimum Lot Size | ||||
All lots | ||||
Minimum Required Setbacks | ||||
Front | ||||
All structures, if front yard is on primary or arterial highway: 50 feet All structures, if front yard is on collector or minor street: 35 feet | All structures: 75 feet | All structures: 75 feet Excavations: 100 feet** | ||
Side | ||||
All structures | 15 feet | 25 feet | 25 feet 100 feet*** if adjacent property is zoned RA, RP, R4, R5 or MH1 | |
Rear | ||||
All structures | 15 feet | 25 feet | 25 feet | |
Minimum Lot Width | ||||
All lots | ||||
Minimum Lot Depth | ||||
All lots | ||||
Maximum Floor Area Ratio (FAR) | ||||
All lots | 2.0 | 1.0 | ||
Maximum Height | ||||
Office buildings: 90 feet Automobile parking structures: 70 feet All other uses: 60 feet | All structures: 60 feet | All structures: 45 feet | ||
NOTES: | |
|---|---|
** | The Board of Supervisors may reduce the required front setback for excavation to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. |
*** | The Board of Supervisors may reduce this required setback to 50 feet if it determines that, through the use of measures, such as landscaping or screening, the effective protection afforded to adjacent properties has not been reduced. |
A.
TM, Technology manufacturing park development standards.
(1)
Any building facing a road ROW shall be faced on all sides with durable materials, including but not limited to painted two-tone precast concrete panels.
(2)
Loading docks or loading entrances shall be completely screened from view from public streets and adjoining properties by six-foot-tall opaque fencing, masonry walls, berms or a double row of evergreen tree plantings.
(3)
Outdoor storage shall be limited to 35% of total lot area, be located outside of front setbacks, and shall be in conformance with § 165-808.01.
B.
EM, extractive manufacturing standards.
(1)
General. All uses shall conform to applicable state, federal, and local regulations, including those governing noise and vibration.
(2)
Development standards.
(a)
All crushing or screening machinery shall be set back at least 300 feet from any property boundary. If such equipment is fully enclosed within a building which maintains the effective protection afforded adjacent properties, the Board of Supervisors may reduce this yard requirement to a minimum of 200 feet.
(b)
Appropriate landscaping or screening may be required by the Board of Supervisors within any required yard setback area in order to reasonably protect adjacent uses from noise, sight, dust or other adverse impacts.
§ 165-408.01 R4, Residential Planned Community District Standards.
Table IV-12: R4 Residential Planned Community District Standards | |
|---|---|
Minimum District Size | |
All lots/total district | |
Maximum Gross Density | |
All residential uses | |
Minimum and Maximum Commercial and Industrial Uses | |
Total district | Minimum: 10% of gross area |
All Other Dimensional Requirements | |
All structures or lots | Areas shall be specifically designated for each different use on the MDP. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1, B2, and M1 Zoning Districts. See Tables IV-3, IV-4, IV-5, IV-6, IV-8, or IV-9. |
A.
General standards.
(1)
Alternative dimensional plan. An alternative dimensional plan may be included with the MDP for the development. This plan shall describe a system of dimensional requirements for all planned uses in the development.
(a)
When these dimensional requirements are approved, they shall constitute enforceable amendments to this chapter, applying to the land included in the development, and shall replace other dimensional requirements contained in this chapter. Such alternative dimensional requirements shall be based on general concepts described by the plan submitted.
(b)
The Planning Commission and Board of Supervisors shall only approve an alternative plan if the plan:
[1]
Meets all of the intentions of this chapter; and
[2]
Conforms to policies set forth in the Comprehensive Plan.
(2)
Phasing. A schedule of phases shall be submitted with each proposed planned community. The schedule shall specify the year in which each phase will be completely developed. No subdivision or site plans shall be approved in the planned community unless they are in accordance with the approved schedule.
(a)
If a Residential Planned Community District is proposed to be developed in phases, over a period of time, common open space shall be provided with each phase in proportion to the fraction of the total area of the development in each phase. Recreational facilities shall be provided with each phase in proportion to the fraction of the total dwelling units in each phase.
(b)
Essential street entrances to the planned residential community shall be provided with the initial phases of the development.
(c)
A reasonable balance shall be maintained between residential and nonresidential uses. The phasing plan for the development shall include a reasonable portion of the nonresidential uses in all phases of the development.
B.
Development standards.
(1)
Housing types. Each planned community shall be expected to contain a mixture of housing types that is typical for existing and planned residential neighborhoods in Frederick County.
(a)
No more than 40% of the area of portions of the planned community designated for residential uses shall be used for any of the following housing types: duplexes, multiplexes, atrium houses, weak-link townhouses, townhouses, garden apartments, or any combination of those housing types.
(2)
Road access.
(a)
All planned community developments shall have direct access to an arterial or collector road or to roads improved to arterial or collector standards.
(b)
The planned community development shall be provided with a complete system of public streets dedicated to the VDOT.
(c)
All roads in the development shall be provided with curbing and gutters. The Zoning Administrator may approve certain exceptions to the requirement for curbs and gutters, if determined to be acceptable by the Director of Public Works, in order to implement a particular stormwater management plan.
(d)
The road system shall conform with the Frederick County Comprehensive Plan and with road improvement plans adopted by the County.
(3)
Pedestrian access.
(a)
A system of pedestrian access, in the form of paved sidewalks or paved interior walkways, shall be provided to allow walking between every use, structure or recreational facility.
(b)
Such walkways shall be connected with existing walkways adjacent to the planned community development.
(c)
All pedestrian access shall comply with applicable requirements of § 144-302.07 of the County Code.
C.
Modifications; applicability of other regulations. An applicant may request as part of an application for rezoning to the R4 District that a modification to specific requirements of Chapter 144 of the County Code, this chapter, or other requirements of the Frederick County Code applicable to physical development be granted.
(1)
The applicant shall demonstrate that the requested modification is necessary or justified in the particular case by a demonstration that the public purpose of these ordinances, as applied to the particular case, would be met to at least an equivalent degree by such modification.
(2)
The Board of Supervisors may approve or disapprove such request, in whole or in part, following review by the Planning Commission.
(3)
The applicant shall provide sufficient information to enable evaluation of the request by the Board of Supervisors. Materials submitted should include or be supplemented by:
(a)
Specification of the Code section(s) to be modified and the proposed alternative standard;
(b)
Exhibits demonstrating application of the modified standard such as a detailed plan and/or elevation drawing; and
(c)
Identification of the relationship of the modification to the overall community concept.
(4)
The planned community development shall conform with all regulations of this chapter and the Frederick County Code unless specifically exempted by this Part or modified by the Board of Supervisors through the rezoning process.
§ 165-408.02 R5, Residential Recreational Community District Standards.
Table IV-13: R5 Residential Recreational Community District Standards | ||
|---|---|---|
Minimum District Size | ||
Total district | 500 contiguous acres | |
Minimum Lot Area | ||
Townhouses in age-restricted communities | 2,000 square feet | |
All other lots | Areas shall be specifically designated for each different use on the MDP. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1, and B2 Zoning Districts. See Tables IV-3, IV-4, IV-5, IV-6, or IV-8. | |
Maximum Gross Density | ||
All residential uses | 2.3 du/acre | |
Minimum Required Setbacks* | ||
Front | ||
Garden apartments in age-restricted communities | If front yard is on a public road, greenway, or neighborhood collector | 35 feet |
If front yard is on a local street, parking area, or driveway | 20 feet | |
Townhouses in age-restricted communities | If front yard is on a public road or greenway | 35 feet |
If front yard is on a neighborhood collector, local street, parking area, or driveway | 20 feet | |
All other structures | Areas shall be specifically designated for each different use on the MDP. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1, and B2 Zoning Districts. See Tables IV-3, IV-4, IV-5, IV-6, or IV-8. | |
Side | ||
Garden apartments in age-restricted communities | 50 feet (perimeter boundary) | |
Townhouses in age-restricted communities | 30 feet (perimeter boundary) | |
All other structures | Areas shall be specifically designated for each different use on the MDP. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1, and B2 Zoning Districts. See Tables IV-3, IV-4, IV-5, IV-6, or IV-8. | |
Rear | ||
Garden apartments and townhouses in age-restricted communities | 50 feet (perimeter boundary) | |
All other structures | Areas shall be specifically designated for each different use on the MDP. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1, and B2 Zoning Districts. See Tables IV-3, IV-4, IV-5, IV-6, or IV-8. | |
Minimum Distance Between Structures | ||
Garden apartments in age-restricted communities | Two-Story Buildings | 30 feet front and side 50 feet rear |
Three- and four-story buildings | 40 feet side 50 feet front and rear | |
Townhouses in age-restricted communities | 30 feet side. 50 feet front and rear | |
All other structures | Areas shall be specifically designated for each different use on the MDP. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1, and B2 Zoning Districts. See Tables IV-3, IV-4, IV-5, IV-6, or IV-8. | |
Townhouses in age-restricted communities | 20 feet | |
All lots | Areas shall be specifically designated for each different use on the MDP. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1, and B2 Zoning Districts. See Tables IV-3, IV-4, IV-5, IV-6, or IV-8. | |
Minimum Lot Depth; Maximum Floor Area Ratio (FAR) | ||
All lots | Areas shall be specifically designated for each different use on the MDP. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1, and B2 Zoning Districts. See Tables IV-3, IV-4, IV-5, IV-6, or IV-8. | |
Maximum Height | ||
Garden apartments in age-restricted communities | 65 feet | |
Townhouses in age-restricted communities | 35 feet | |
Accessory structures in age-restricted communities | 20 feet | |
All other structures | Areas shall be specifically designated for each different use on the MDP. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1, and B2 Zoning Districts. See Tables IV-3, IV-4, IV-5, IV-6, or IV-8. | |
Maximum Commercial Uses | ||
Total district | 6% of gross area | |
NOTES: | |
|---|---|
* | With the townhouse housing type, decks may extend five feet into rear yard setback areas. If the townhouse housing type abuts open space, decks may extend up to 12 feet into rear yard setback areas. Front porches, stoops and steps may extend 8 feet into front yard setback areas. |
A.
General standards.
(1)
If a Residential Recreational Community District is proposed to be developed in phases, common open space shall be provided within each phase in proportion to the fraction of the total area of the development in each phase.
(a)
Recreational facilities shall be provided with each phase in proportion to the fraction of the total dwelling units in each phase.
(b)
Essential street entrances to the planned residential community shall be provided with the appropriate phases of the development as scheduled on the approved MDP.
B.
Development standards.
(1)
Access. All residential recreational community developments shall have direct access to an arterial or collector road or to roads improved to arterial or collector standards.
(2)
Sidewalk and pedestrian access. In addition to street and sidewalk requirements in accordance with § 144-302.07 of Chapter 144, Subdivision of Land, the following shall apply:
(a)
A combined system of pedestrian and/or bicycle access, in the form of paved sidewalks, interior walkways or bike paths, shall be provided to allow walking or bicycling between every use, structure or recreational facility.
(b)
All sidewalks and pedestrian paths used as alternative access shall comply with the requirements of § 144-302.07 of the Frederick County Code.
(c)
Access shall be connected with existing travelways adjacent to the residential recreational community development.
(d)
In age-restricted communities, at the time of MDP review, the Zoning Administrator may allow local streets without sidewalks to be used and incorporated into the system of pedestrian and bicycle access. The type and nature of trails to be used shall be identified, detailed, and approved on the MDP.
(3)
Environmental protection. Upon recommendation of the Planning Commission, the Board of Supervisors may allow waivers of, or variations to, the environmental requirements of Article VIII, Community Development Standards, of this chapter in residential recreational communities.
(a)
Such waivers shall be shown on the MDP.
(b)
In such cases, the environmental features and their function shall be preserved to the greatest extent possible.
(4)
Landscaping alternative in age-restricted communities.
(a)
In age-restricted communities, the following landscaping alternative may be provided in lieu of that required in Article VIII, Community Development Standards, of this chapter when utilizing the single-family small lot housing type that front on private streets:
[1]
Minimum landscape plantings, in addition to the required street trees, shall be three trees and 12 shrubs.
[2]
Trees shall be a minimum of two inches in caliper at time of planting.
[3]
Shrubs shall be a minimum of 12 inches in height at time of planting.
C.
Street standards. The residential recreational community shall be provided with a complete system of public streets dedicated to VDOT. The road system shall conform with the Frederick County Comprehensive Plan and with road improvement plans adopted by the County.
(1)
Within any portion of a residential recreational community, the Board of Supervisors may waive the public street requirement and allow for the installation of private streets, provided that a program for the perpetual maintenance of all streets is provided which is acceptable to the Board of Supervisors and the Zoning Administrator.
(a)
Developments utilizing private streets shall meet the following conditions:
[1]
The plan for the development shall include 1,000 or more planned lots;
[2]
The subdivision design plans and final subdivision plats for all lots that utilize private streets shall include language that states, "The private streets within this development are not intended for inclusion in the system of state highways and will not be maintained by VDOT or Frederick County. Frederick County and VDOT have no, and will have no, responsibility for the maintenance, repair, or replacement of the private streets within this development. The maintenance and improvement of said private streets shall be the sole responsibility of the property owners' association.";
[3]
The developer shall establish a reserve fund dedicated solely for the maintenance of the private streets within the development. The reserve fund shall consist of a specified percentage of all dues collected from the residents as determined by the developer. The percentage may be reduced by the developer or the property owners' association (POA) only after a reserve study has been completed and said study shows that a lesser amount is necessary to maintain the private street system within the development. The POA shall complete a capital reserve study on a biennial basis, and such study will be used as the basis of the reserve funding. Such reserve study shall be held at the office of the POA and available for review by the County, if requested; and
[4]
Sales brochures or other literature and documents, provided by the seller of lots served by such private streets, shall include information regarding responsibility for maintenance, repair, replacement, and covenants pertaining to such lots, including a statement that the County has no, and will have no, responsibility for the maintenance, repair, or replacement of private streets.
(b)
All private streets shall meet all VDOT standards for:
[1]
Structural section design;
[2]
Material composition and quality;
[3]
Construction standards, techniques, and workmanship quality;
[4]
Drainage and stormwater management systems; and
[5]
All the design, testing and materials, and in-place quality testing and as-built drawings for the road system must be certified by the developer, the builder, and a registered professional engineer in the Commonwealth of Virginia, that the roads meet all of VDOT structural and quality standards, and the plans are submitted to the Frederick County Engineer and the Frederick County Department of Planning and Development.
(c)
Three classes of private streets permitted shall be identified on an MDP as follows:
[1]
Greenways. All private streets with a projected Average Daly Traffic (ADT) count of over 3,000 shall have a minimum ROW of 50 feet and shall have no direct lot frontage. Greenways shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. Along the portions of ROW which abut mature woodland, the Planning Director may waive the requirement for street trees. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 miles per hour (mph).
[2]
Neighborhood collectors. All private streets with a projected ADT count of over 400 shall have a minimum ROW of 50 feet and may have lot frontage. Neighborhood collectors shall be lined on both sides with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 30 mph.
[3]
Local streets. All private streets with a projected ADT count of 400 or less shall have a minimum ROW of 30 feet and may have lot frontage. Local streets shall be lined with street trees having a minimum caliper of two inches at the time of planting, spaced not more than 50 feet apart. The horizontal center-line geometrics and vertical profile design shall meet the VDOT criteria for subdivision streets with a design speed of 20 mph.
(d)
Within R-5 residential recreation community developments approved prior to 1980, the Board of Supervisors may allow the extension of existing private roads if no other means of access is available.
(e)
Within developments utilizing private streets, a certified professional engineer, licensed in the Commonwealth of Virginia, shall be employed by the developer to monitor and supervise:
[1]
The materials used;
[2]
The adequacy of the subgrade;
[3]
The installation of drainage structures, curb and gutter, and all concrete items; and
[4]
All road, driveway, and parking area construction activities, including material compaction, grading tolerances, and compliance with the plans and specifications.
(f)
Prior to bond release, the certified professional engineer shall provide the County with certification that:
[1]
The bonded phase or section of construction met density requirements;
[2]
All material depths were verified for compliance; and
[3]
The road and parking areas have been constructed in strict accordance with the plans and specifications.
§ 165-408.03 General standards for R4 and R5 planned development.
A.
Applicability. The standards of this section shall apply to all development in the R4 and R5 Zoning Districts.
B.
General standards.
(1)
All phases of a planned or recreational community development shall be included under a single property owners' association according to the requirements of Chapter 144, Subdivision of Land, of the County Code.
(2)
When a rezoning includes proffers that specifically identify allowance for designated conditional uses on the property that is subject to the rezoning, subsequent approval of a Conditional Use Permit (CUP) for any such designated conditional use(s) shall not be required, as long as the use(s) takes place consistent with the terms of the proffers and any MDP required for the property.
C.
Development standards.
(1)
The requirements of Chapter 143 of the County Code shall apply to the total residential planned or recreational community development.
(2)
All residential planned and recreational community developments shall be served by public sewer and water facilities owned by or dedicated to a public authority.
§ 165-408.04 MS, Medical Support District Standards.
Table IV-14: MS Medical Support District Standards | ||
|---|---|---|
Minimum Lot Size | ||
Total district area | 20 acres | |
Maximum Residential Density | ||
CCRC | 10 du/acre* | |
Single-family detached and single-family attached residential structures | 1 du/3,000 SF | |
All other residential uses | 1 bedroom/1,000 SF | |
Minimum Required Setbacks | ||
Front** | ||
Non-residential uses | If front yard is on urban collector | 50 feet |
If front yard is on urban local | 35 feet | |
Residential uses*** | If front yard is on public urban local | 25 feet |
If front yard is on private urban local | 20 feet | |
Side and Rear | ||
All other uses | None | |
Minimum Lot Width | ||
All lots | None | |
Minimum Lot Depth | ||
All lots | None | |
Maximum Floor Area Ratio (FAR)**** | ||
Hospitals, office buildings, conference/events centers, wellness centers, and educational support services | 2.0 | |
All other uses | 1.0 | |
Maximum Height | ||
Hospitals, office buildings, colleges/universities and libraries | 90 feet | |
Residential care facilities, nursing and personal care facilities, dormitories, garden apartments, and parking structures | 70 feet | |
All other uses permitted in MS | 35 feet | |
NOTES: | |
|---|---|
* | Single-family detached and single-family attached residential structures having individual access shall have an average lot area of 3,000 square feet per dwelling unit. All other residential land uses shall provide a minimum of 1,000 square feet of average lot area per bedroom. |
** | Parcels which are designed to have parking lots located behind the building may have a reduced front yard setback of 20 feet from any urban collector street and 15 feet from any urban local street. |
*** | On residential units utilizing a rear alley for access, the setback off of a private road may be reduced by 10 feet, provided there are not driveways on the private road to the residential unit. Structural front yard setbacks from private roads shall be measured from the edge of the access easement. |
**** | The maximum FAR shall be based on the total site area for a master-planned MS (Medical Support) District development that is to be developed as one parcel, or for the total site area of individual parcels in the development that are subdivided for development purposes. |
A.
Development standards.
(1)
Individual parcels which are designed to have structures placed on a side or rear property line shall be provided with a maintenance easement on the adjoining parcel that is a minimum of 10 feet in width.
(2)
All manufacturing and wholesale support services must meet the Flex-Tech performance standards established in Article VII, Additional Regulations for Specific Uses, of this chapter.
(3)
A clear zone void of structures, signage, vegetation, and berms shall be established in areas determined by the Fire Marshal to ensure appropriate emergency access for all land uses.
(a)
These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet.
(b)
An easement shall be obtained on adjoining properties to establish required clear zone areas if they cannot be provided on the individual lot proposed for development.
(4)
Parking lots.
(a)
Parking lots shall be set back a minimum of 20 feet from urban collector streets and shall be set back a minimum of 10 feet from urban local streets to provide for safe ingress and egress into developed parcels.
(b)
Parking lots located between the urban collector street and the building front shall be developed to include an earth berm or natural topography that is a minimum of three feet in height above the finished grade developed at a slope of 3:1.
[1]
Evergreen shrubbery that is a minimum of two feet tall at the time of planting shall be provided along the apex of the berm at a rate of 25 plantings per 100 linear feet. This element shall begin at the street ROW and end at the beginning of the parking lot.
[2]
Parking lots located between the urban local street and the building front shall be developed to the standards set forth in Article VIII, Community Development Standards, of this chapter.
(5)
Access regulations.
(a)
All land uses permitted in the MS district shall be served by street systems that are constructed to the geometric design standards for urban collector streets and urban local streets. Such street systems may be private or may be dedicated to Frederick County for eventual acceptance into the state secondary road system.
(b)
Parcels that contain portions of collector street systems that are intended to continue through to other parcels to meet the intent of the Frederick County Comprehensive Plan shall be built to applicable state secondary road standards and shall be dedicated to Frederick County for eventual acceptance into the state secondary road system.
(c)
Commercial entrances for permitted support services and entrances for related residential developments on urban collector streets shall have a minimum spacing requirement of 250 feet or minimum VDOT spacing, whichever is greater, between entrances.
(d)
Commercial entrances for permitted support services and entrances for related residential developments shall have a minimum spacing requirement satisfying VDOT spacing standards, from street intersections to provide for adequate vehicle stacking.
(e)
Driveways serving individual related residential land uses shall only be permitted along urban local streets.
(f)
All permitted land uses shall be designed to provide for internal traffic circulation and interparcel connectors to adjoining land uses to provide for access between uses without entering onto urban collector streets. The Zoning Administrator may grant a waiver to this requirement if topographic constraints or land use conflicts prevent interparcel connectivity or make it undesirable.
