Frederick County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE V
Planned Development Districts
§ 165-501.01 Intent.
[Amended 3-13-2013]
The intention of the 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 master development plan. The layout, phasing, density and intensity of development is determined through the final approval of the master development plan by the County. Special care is taken in the approval of the master development plan 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. 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. Planned community developments shall only be approved in conformance with the policies in the Comprehensive Plan.
§ 165-501.02 Rezoning procedure.
[Amended 11-12-2003]
In order to have land rezoned to the R4 District, a master development plan, meeting all requirements of Article VIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted will be accepted as a condition proffered for the rezoning. The master development plan review procedures described by Article VIII must also be completed concurrently with or following the consideration of the rezoning.
A.
Impact analysis. Impact analysis, as required by this chapter, shall be used to evaluate all potential impacts, including impacts on surrounding lands, the environment and on public facilities and services.
B.
Land dedication. Land shall be dedicated in planned community developments for roads and facilities necessary to serve the development as described by the Comprehensive Plan, the Capital Improvements Program and adopted road improvement programs.
C.
Addition of land. The Board of Supervisors may approve the addition of land to an approved planned community through the procedures set forth in this chapter for the original approval of a planned community development.
§ 165-501.03 Permitted uses.
[Amended 5-13-2015; 3-8-2023; 5-14-2025]
A.
All uses are allowed in the R4 Residential Planned Community District that are allowed in the following zoning districts:
RP | Residential Performance District | |
B1 | Neighborhood Business District | |
B2 | Business General District | |
B3 | Industrial Transition District | |
TM | Technology-Manufacturing District | |
M1 | Light Industrial District |
§ 165-501.04 Conditional uses.
[Amended 5-25-2022; 3-8-2023]
Uses permitted through a conditional use permit in the R4 Residential Planned Community District shall include those uses allowed as conditional uses in the following zoning districts with an approved conditional use permit, provided that a conditional use permit is approved for the use:
RP | Residential Performance District | |
B1 | Neighborhood Business District | |
B2 | General Business District | |
B3 | Industrial Transition District | |
TM | Technology-Manufacturing District | |
M1 | Light Industrial District |
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 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 master development plan required for the property.
§ 165-501.05 Mixture of housing types required.
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. 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 or garden apartments or any combination of those housing types.
§ 165-501.06 Design requirements.
[Amended 6-9-1993; 8-13-2003; 9-26-2012; 12-10-2025]
A.
(Reserved)
B.
Dimensional requirements.
(1)
Areas shall be specifically designated for each different use on the master development plan. 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.
(2)
Alternative dimensional requirement plan. An alternative dimensional plan may be included with the master development plan for the development. This plan shall describe a system of dimensional requirements for all planned uses in the development. 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. The Planning Commission and Board of Supervisors shall only approve an alternative plan if the plan meets all of the intentions of this chapter, conforms to policies set forth in the Comprehensive Plan and follows generally accepted good planning practices.
C.
(Reserved)
D.
Commercial and industrial areas. The areas used for commercial or industrial uses shall not exceed 50% of the gross area of the total planned community. Sufficient commercial and industrial areas shall be provided to meet the needs of the planned community, to provide an appropriate balance of uses and to lessen the overall impact of the planned community on Frederick County. A minimum of 10% of the gross area of the project shall be used for business and industrial uses.
E.
Open space. A minimum of 30% 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. No more than 50% of the required open space shall be within the following environmental areas: lakes and ponds, wetlands or steep slopes. The Board of Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. Open space land shall be dedicated to the property owners' association or to Frederick County. Land shall only be dedicated to Frederick County with the approval of the Board of Supervisors.
F.
Recreational facilities. One recreational unit or equivalent recreational facilities shall be provided for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Director of Planning in conjunction with the Department of Parks and Recreation. 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 planned community.
G.
Buffers and screening.
(1)
Buffers and screening shall be provided between various uses and housing types as if the uses were located in the RP, B1, B2 or M1 Zoning District according to the uses allowed in those districts. Buffers and screening shall be provided accordingly as specified in § 165-203.02 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. In addition, along the perimeter boundary of the Residential Planned Community District, buffers and screens shall be provided in relation to adjoining properties as if the uses in the planned community were located in the RP, B1, B2 and M1 Zoning Districts.
(2)
Alternative buffer and screening plan. An alternative plan for buffers and screening and the separation of uses may be included with the master development plan for the development. This plan shall describe a specific system of buffers, screening and use separation for all planned uses in the development. 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 buffer and screening requirements contained in this chapter. Such alternative requirements shall be based on general concepts described by the plan submitted. The Planning Commission and Board of Supervisors shall only approve an alternative plan if the plan meets all of the intentions of this chapter, conforms to policies set forth in the Comprehensive Plan and follows generally accepted good planning practices. Buffer and screening requirements for the perimeter boundary of the planned community shall not be included in the alternative buffer and screening plans.
H.
Sewer and water facilities. All planned community developments shall be served by public sewer and water facilities owned by or dedicated to a public authority.
I.
Road access. All planned community developments shall have direct access to an arterial or collector road or to roads improved to arterial or collector standards. The planned community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. 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. The road system shall conform with the Frederick County Comprehensive Plan and with road improvement plans adopted by the County.
J.
Pedestrian access. 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. Such walkways shall be connected with existing walkways adjacent to the planned community development.
K.
Stormwater management. The requirements of § 165-201.09 of this chapter shall apply to the total planned community development.
L.
Landscaping. Landscaping shall be in conformance with an overall landscaping plan or unifying concept for the development.
M.
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.
(1)
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.
(2)
Essential street entrances to the planned residential community shall be provided with the initial phases of the development.
(3)
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.
N.
Property owners' association. All phases of a planned community development shall be included under a single property owners' association according to the requirements of this chapter.
O.
Modifications; applicability of other regulations.
(1)
An applicant may request as part of an application for rezoning to the R4 District that a modification to specific requirements of the Subdivision Ordinance,[1] this chapter or other requirements of the Frederick County Code applicable to physical development be granted. 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. The Board of Supervisors may approve or disapprove such request, in whole or in part, following review by the Planning Commission.
(2)
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.
(3)
The planned community development shall conform with all regulations of this chapter and the Frederick County Code unless specifically exempted by this Part 501 or modified by the Board of Supervisors through the rezoning process.
§ 165-502.01 Intent.
[Amended 8-9-2000]
The intention of the 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.
§ 165-502.02 Master development plan.
[Amended 3-13-2013]
All land to be contained within the Residential Recreational Community District shall be included within an approved master development plan. The layout, phasing, density and intensity of development is determined through the final approval of the master development plan by the County. Special care is taken in the approval of the master development plan 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. Innovative design is encouraged. Special care is taken in the approval of R5 developments to ensure that necessary facilities, roads and improvements are available or provided to support the R5 development. Residential recreational community developments shall only be approved in conformance with the policies in the Comprehensive Plan.
§ 165-502.03 Rezoning procedure.
[Amended 8-9-2000]
In order to have land rezoned to the R5 Residential Recreation Community District, a master development plan, meeting all requirements of Article VIII of this chapter, shall be submitted with the rezoning application. The rezoning shall be reviewed and approved following the rezoning procedures described by this chapter, including procedures for impact analysis and conditional zoning. In adopting the rezoning, the master development plan submitted may be accepted as a condition proffered for the rezoning. The master plan review procedures described by Article VIII must also be completed concurrently with or following the consideration of the rezoning.
A.
Impact analysis. Impact analysis, as required by this chapter, shall be used to evaluate all potential impacts, including impacts on surrounding lands, the environment and on public facilities and services.
B.
Land dedication. Land shall be dedicated in residential recreational community developments for public roads and public facilities necessary to serve the development as described by the Comprehensive Plan, the Capital Improvements Program and adopted road improvement programs.
C.
Addition of land. The Board of Supervisors may approve the addition of land to an approved recreational residential community through the procedures set forth in this chapter for the original approval of a residential recreational community development.
§ 165-502.04 Permitted uses.
[Amended 8-9-2000; 1-8-2020; 5-14-2025]
The following uses are allowed in the R5 Residential Recreational Community District:
A.
All uses allowed in the RP Residential Performance District.
B.
Age-restricted communities.
D.
Indoor and outdoor recreational facilities.
E.
Preserves and conservation areas.
F.
Restaurants.
G.
Hotels and lodges.
H.
Boat clubs and service areas.
I.
Service stations.
J.
Private campgrounds.
K.
Heliports or air strips.
L.
Recreational vehicle storage.
M.
General business offices.
N.
General merchandise store.
O.
Home furnishing store.
P.
Public utilities excluding energy-generating facilities.
Q.
Waste recovery and recycling facility.
R.
Movie theater.
S.
Backyard chickens and chicken coops.
§ 165-502.05 Conditional uses.
[Added 5-25-2022[1]]
Uses permitted through a conditional use permit in the R5 Residential Recreational Community District shall include those uses allowed as conditional uses in the following zoning districts with an approved conditional use permit, provided that a conditional use permit is approved for the use:
RP | Residential Performance District | |
B1 | Neighborhood Business District | |
B2 | General Business District |
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 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 master development plan required for the property.
[1]
Editor's Note: This ordinance also renumbered former § 165-502.05, Design requirements, as § 165-502.06.
§ 165-502.06 Design requirements.
[Amended 8-9-2000]
A.
Minimum size. No residential recreational community master development plan nor rezoning to the Residential Recreational Community District shall be approved for less than 500 contiguous acres.
B.
Dimensional requirements.
(1)
Areas shall be specifically designated for each different use on the master development plan. Within those areas, the uses shall meet the applicable dimensional requirements set forth for those uses in the RP, B1 and B2.
(2)
In age-restricted communities, garden apartments and townhouses may be approved with alternative dimensional requirements as described in this subsection.
(a)
The alternative dimensional requirements for garden apartments shall be as follows:
(b)
The alternative dimensional requirements for townhouses shall be as follows:
(c)
In age-restricted communities, the following landscaping alternative may be provided when utilizing the single-family small lot housing type that front on private streets: minimum landscape plantings, in addition to the required street trees, shall be three trees and 12 shrubs. Trees shall be a minimum of two inches in caliper at time of planting, and shrubs a minimum of 12 inches in height at time of planting.[1]
(3)
Existing lots. The Zoning Administrator may allow reduced yard setbacks on existing lots of record, by a distance of up to 25% of the required setback, where topography or other environmental constraints create a hardship. To be considered a hardship, all conditions specified in § 165-1001.02C(5) of this chapter must be met.
[Added 4-23-2003]
C.
Residential density. The gross density for residences in the residential recreational community development shall not exceed 2.3 units per acre for the development as a whole.
D.
Commercial areas. Not more than 6% of the gross area of a residential recreational community shall be used for commercial uses. Commercial uses shall be located in village centers designated on the approved master development plan. The Board of Supervisors may require the submission of a master development plan depicting the type and location of uses, access and circulation patterns within identified village centers.
[Amended 9-26-2012]
E.
Vehicle storage areas shall not exceed eight acres in size, shall be screened from view of any public street or adjoining residential property by a category B buffer utilizing at a minimum a landscape screen and shall comply with the requirements of § 165-203.02 of this chapter.
F.
Open space. A minimum of 35% 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. No more than 50% of the required open space shall be within lakes and ponds, wetlands or steep slopes. The Board of Supervisors may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan for the use of these areas. When communities are approved with private streets, a minimum of 45% of open space shall be required.
[Amended 9-26-2012; 7-9-2014]
G.
Recreational facilities. One recreational unit or equivalent recreational facilities shall be provided for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Director of Planning in conjunction with the Department of Parks and Recreation. When the single-family small lot housing type is used, the requirements of § 165-402.08, Recreational facilities, shall be met.
[Amended 9-26-2012]
H.
Buffers and screening. Buffers and screening shall be provided between various uses and housing types as if the uses were located in the RP, B1 or B2 Zoning District according to the uses allowed in those districts. Buffers and screening shall be provided accordingly as specified in § 165-203.02 of this chapter. Road efficiency buffers shall be provided according to the requirements of that section. In addition, along the perimeter boundary of the Residential Recreational Community District, buffers and screens shall be provided in relation to adjoining properties as if the uses in the planned community were located in the RP, B1 and B2 Zoning Districts. The Board of Supervisors may allow alternative methods for achieving buffer and screening requirements and may waive the interior residential screening and road efficiency buffer requirements in age-restricted communities.
[Amended 9-26-2012]
I.
Sewer and water facilities. All residential recreational community developments shall be served by public sewer and water facilities owned by or dedicated to a public authority.
J.
Road 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.
K.
Streets. The residential recreational community development shall be provided with a complete system of public streets dedicated to the Virginia Department of Transportation. The road system shall conform with the Frederick County Comprehensive Policy Plan and with road improvement plans adopted by the County.
[Amended 9-26-2012]
(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 Transportation Planner. All private streets shall meet the following VDOT standards:
[Amended 7-9-2014]
i. | All structural section design standards; | |
ii. | Material composition and quality standards; | |
iii. | Construction standards, techniques, and workmanship quality standards; | |
iv. | Drainage and stormwater management systems; | |
v. | 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 State 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 Planning Department. |
(a)
Three classes of private streets permitted shall be identified on a MDP as follows:
[1]
Greenways. All private streets with a projected ADT of over 3,000 shall have a minimum right-of-way 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 right-of-way 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 of over 400 shall have a minimum right-of-way 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 of 400 or less shall have a minimum right-of-way 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.
(b)
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 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 property owners’ association 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 property owners’ association and available for review by the County, if requested.
[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.
(2)
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.
(3)
Within developments utilizing private streets, a certified professional engineer, licensed in the State of Virginia, shall be employed by the developer to monitor and supervise the materials used; the adequacy of the subgrade; the installation of drainage structures, curb and gutter and all concrete items; and all road, driveway and parking area construction activities, including material compaction, grading tolerances and compliance with the plans and specifications. Prior to bond release, the certified professional engineer, licensed in the State of Virginia, shall provide the County with certification that the bonded phase or section of construction met density requirements; that all material depths were verified for compliance; and that the road and parking areas have been constructed in strict accordance with the plans and specifications.
[Added 7-9-2014]
L.
Curb and gutter. All public and private streets shall be provided with curb and gutter.
M.
Alternative access. 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. Such access shall be connected with existing travelways adjacent to the residential recreational community development. In age-restricted communities, at the time of master development plan review, the Board of Supervisors 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 master development plan.
[Amended 9-26-2012; 3-13-2013]
N.
Stormwater management. The requirements of § 165-201.09 of this chapter shall apply to the total residential recreational community development.
O.
Landscaping. Landscaping shall be in conformance with an overall landscaping plan or unifying concept for the development.
P.
Phasing. 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. Recreational facilities shall be provided with each phase in proportion to the fraction of the total dwelling units in each phase. Essential street entrances to the planned residential community shall be provided with the appropriate phases of the development as scheduled on the approved master development plan.
Q.
Property owners' association. A single property owners' association shall be provided for all phases of a recreational community development according to the requirements of § 165-201.11 of this chapter.
R.
Environmental protection. Upon recommendation of the Planning Commission, the Board of Supervisors may allow waivers of, or variations to, the environmental requirements of § 165-201.08 of this chapter in residential recreational communities. Such waivers shall be shown on the master development plan. In such cases, the environmental features and their function shall be preserved to the greatest extent possible.
S.
Other regulations. The residential recreational community development shall conform with all regulations of this chapter and the Frederick County Code unless specifically exempted by this Part 502.
§ 165-504.01 Intent.
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 a master development plan 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.
§ 165-504.02 Permitted uses.
A.
All land uses shall be developed in accordance with an approved master development plan that meets the criteria in Article VIII of this chapter.
B.
Structures are to be erected or land used for one or more of the identified uses.
[Amended 7-10-2024]
Permitted Uses |
|---|
Colleges, Universities, Professional Schools, and Junior Colleges |
Libraries |
Pharmaceutical and Medicine Manufacturing |
Scientific Research and Development Services including Testing Agencies |
Food and Beverage Retailers excluding Fruit and Vegetable Stands and Vending Machine Operators |
Food Services and Drinking Places excluding Mobile Food Services |
Health and Personal Care Retailers |
Miscellaneous Retailers limited to Bookstores, News Stands/Dealers, Stationary Stores, Gift Shops, Florists, and Uniform Stores |
Finance and Insurance, Holding, and Office of Real Estate |
Hotel and Motels, including Rooming and Boarding Houses, and Dormitories; excluding Workers Camps |
Coin Operated Laundries, Drycleaners, and Linen Supplies |
Personal Care Services |
Photocopying and Duplicating Services |
Medical Equipment Rental and Leasing |
Data Entry, Data Processing, Data Verification, and Optical Scanning Data Services |
Product Sterilization Services |
Electronic and Precision Equipment Repair and Maintenance |
Physical Fitness Facilities |
Civic and Social Organizations |
Ambulatory Health Care Services, Hospitals, Nursing and Residential Care Facilities |
Continuing-Care Retirement Community (CCRC) (as defined) |
Adult Day-Care Centers |
Child Day-Care Services |
Public Buildings, including Social Service Offices |
Pharmaceutical Machinery Manufacturing |
Medical Equipment and Supplies Manufacturing |
Medical, Dental, and Hospital Equipment Merchant Wholesalers |
Ophthalmic Goods Merchant Wholesaler |
Drugs and Druggists' Sundries Merchant Wholesalers |
Dormitories, Medical and Allied Health (as defined) |
Halfway House (as defined) |
Treatment Home (as defined) |
Family Care Home (as defined) |
Group Home (as defined) |
Protected Populations Home (as defined) |
Places of Religious Worship |
Fire Protection |
Conference/Event Centers (as defined) |
Fleet Maintenance Facility |
On-Site Utility Systems (as defined) |
Telecommunications Towers and Facilities (as defined) |
Warehousing, Medical and Allied Health Services (as defined) |
Wellness Centers (as defined) |
(1)
Residential care facilities.
(a)
Residential care facilities may consist of any of the following residential structures: single-family small lot, duplex, multiplex, atrium house or garden apartments.
(b)
Residential care facilities may include home occupations (as defined).
(c)
Residential care facilities must conform to the following performance standards:
[1]
Maximum residential density shall not exceed 10 units per acre, provided the following:
[2]
The residential care facilities must consist of residential units which provide all of the following for its residents: independent-living facilities, congregate-care assisted-living facilities, and nursing home care.
[3]
Occupancy of the dwelling units is restricted to older persons [as such term is used in the definition of "housing for older persons" in § 36-96.7 of the code of Virginia (1950, as amended)], with the following exceptions:
[4]
The communities may provide ancillary services and facilities, such as, but not limited to, transportation, a common dining room and kitchen, recreation area, meeting or activity rooms, library, chapel, convenience commercial area, or other services and facilities for the enjoyment, service or care of the residents. Such facilities must be conveniently located in relation to the remainder of the development, particularly the dwelling units; they must not be externally advertised. The Board of Supervisors may restrict their use to residents and staff only.
(2)
Manufacturing and wholesaling support services shall meet the flex-tech performance standards as identified in § 165-204.06C of this chapter.
§ 165-504.03 District area, floor-to-area ratios and residential gross densities.
A.
All parcels that are zoned MS (Medical Support) District shall contain a minimum of 20 acres. These parcels shall be required to receive approval of a master development plan which meets all applicable requirements of Article VIII of this chapter.
B.
Parcels that are less than 20 acres in size that are contiguous to a master-planned MS (Medical Support) District development, including those parcels that are directly across public rights-of-way to a master-planned MS (Medical Support) District development, may be rezoned to the MS District.
C.
The Board of Supervisors may provide for the administrative approval of a parcel subdivision which fronts on private street systems during the master development plan review process.
D.
Hospitals, office buildings, conference/events centers, wellness centers, and all land use permitted under § 165-504.02B, Educational support services, shall be allowed to develop a maximum floor-to-area ratio (FAR) of two. 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.
E.
All permitted land uses other than those described in § 165-504.03B providing support services to this district shall be allowed to develop a maximum floor-to-area ratio (FAR) of one. The maximum FAR shall be determined as described in § 165-504.03D.
F.
The overall gross densities for permitted land uses identified in § 165-504.02B shall be calculated as described under this subsection:
(1)
Single-family detached and single-family attached residential structures having individual access may have a minimum lot size or average lot area of 3,000 square feet per dwelling unit.
(2)
All other related residential land uses shall provide a minimum of 1,000 square feet of lot size or average lot area per bedroom.
§ 165-504.04 Access regulations.
A.
All land uses permitted in this Part 504 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 Policy 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.
§ 165-504.05 Structure and parking lot setback regulations.
A.
All permitted educational, research, professional, commercial, and other related support services shall have a minimum front yard setback of 50 feet from any urban collector street and a minimum front yard setback of 35 feet from any urban local street.
B.
All permitted related residential uses and continuing care retirement communities shall have a minimum front yard setback of 25 feet from any public urban local street and a front yard setback of 20 feet from any private urban local road. 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.
C.
Residential housing units within a continuing-care retirement community, to include single-family small lot, duplex and multiplex, shall have a minimum building spacing of 10 feet between units and no building can be within 50 feet of the perimeter boundary of the development, provided that all requirements of § 165-504.07 have been satisfied.
D.
All permitted support services and related residential land uses other than those described in § 165-504.05C are not proposed to have minimum side or rear yard setbacks. 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.
E.
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.
F.
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. Evergreen shrubbery that is a minimum of two feet in height 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 right-of-way and end at the beginning of the parking lot. Parking lots located between the urban local street and the building front shall be developed to the standards set forth in § 165-202.01 of this chapter.
G.
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.
§ 165-504.06 Height regulations.
A.
The maximum structural height for hospitals, office buildings, and all land use permitted under § 165-504.02B, shall be 90 feet.
B.
The maximum structural height for residential care facilities, nursing and personal care facilities, dormitories, garden apartments and automobile parking structures shall be 70 feet.
C.
The maximum structural height for all other land uses permitted in this Part 504 shall be 35 feet.
D.
Structural setbacks for all land uses permitted under § 165-504.06A and B shall be increased one foot for every foot that the structure exceeds 35 feet in height. The increased structural setback shall be measured as follows:
(1)
From the minimum front yard setback established along urban collector streets and urban local streets for a master-planned MS (Medical Support) District development that is to be developed as one parcel, or from the minimum front, side, and rear yards of individual parcels that are subdivided for development purposes.
(2)
From any required buffer area for a master-planned MS (Medical Support) District that is to be developed as one parcel, or for individual parcels that are subdivided for development purposes.
(3)
From the minimum building separation distance established between residential and nonresidential land uses.
E.
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 permitted under § 165-504.06A and B. These identified areas shall begin at a distance of 25 feet from the structure and shall have a minimum width of 20 feet. 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.
§ 165-504.07 Open space, landscaped area, and buffer and screening regulations.
A.
The minimum open space percentage for the MS (Medical Support) District shall include:
(1)
Twenty percent of the overall gross area of a master-planned MS (Medical Support) District that is to be developed as one parcel.
(2)
Twenty-five percent of the total site area of individual parcels that are subdivided for support services and 30% of the total site area of individual parcels that are subdivided for related residential land uses.
B.
All open space areas shall be landscaped to provide for a grass cover and vegetative elements as required under § 165-202.01D(13), regarding parking lot landscaping, and § 165-203.02, Buffer and screening requirements, of this chapter. Minimum standards for required vegetative elements include two-inch caliper trees and three-foot shrubs at the time of planting. Stormwater management facilities and landscaped parking lot raised islands shall be permitted to be calculated as part of the overall open space percentage.
C.
Buffer and screening requirements for the MS (Medical Support) District shall include:
(1)
Master development planned area that is to be developed as one parcel.
(a)
A fifty-foot perimeter buffer from all adjoining parcels. The first 25 feet of this buffer area, measured from the adjoining property line, shall provide vegetative plantings, including a single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting, and a single row of deciduous trees spaced 30 feet apart that have a minimum two-inch caliper at the time of planting. An earth berm that is four feet in height and constructed on a slope of 3:1 shall be provided in addition to the vegetative plantings if the primary use of the adjoining property is residential. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-202.01D(13), regarding parking lot landscaping, are met.
(b)
A fifty-foot internal separation buffer between all support service land uses and related residential land uses meeting the vegetative planting and earth berm requirements specified in § 165-504.07C(1)(a) of this Part 504.
(c)
An internal residential separation buffer between detached, semidetached, and all other related residential land uses containing a twenty-five-foot buffer with a single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting.
(d)
Continuing-care retirement communities (as defined) shall be exempt from internal separation and internal residential separation buffers.
(2)
Master development planned area that is to be developed as individual parcels.
(a)
Buffer and screening requirements between all land uses which are not contained within the same categories identified in § 165-504.02B of this Part 504.
(b)
All land uses required to provide buffers and screening internal to the MS (Medical Support) District shall meet the requirements of a B Category buffer as described in § 165-203.02 of this chapter; as well as all other applicable provisions of this section.
(3)
All parcels within the MS (Medical Support) District which adjoin parcels that are utilized for agricultural activities shall provide the following buffers:
(a)
A 100-foot buffer adjacent to a parcel whose primary use is agriculture. Agricultural land use shall be considered to be any parcel zoned RA (Rural Areas) District whose primary use is not residential or orchard. A twenty-foot landscaped easement, measured from the adjoining property line, shall be provided which contains a single row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting and an earth berm that is three feet in height and constructed on a slope of 3:1. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-202.01D(13), regarding parking lot landscaping, are met.
(b)
A 200-foot buffer adjacent to a parcel whose primary use is orchard. A forty-foot landscaped easement, measured from the adjoining property line, shall be provided which contains a double row of evergreen trees on ten-foot centers that are a minimum of four feet at the time of planting and an earth berm that is six feet in height and constructed on a slope of 3:1. Parking and maneuvering areas may be established within the remainder of the buffer area, provided that all requirements of § 165-202.01D(13), regarding parking lot landscaping, are met.
(4)
A road efficiency buffer meeting the requirements § 165-203.02E of this chapter shall be provided for all related residential land uses permitted in § 165-504.02B(5) of this Part 504.