Frederick County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE V
Overlay Districts
§ 165-501.01 Overlay Zoning District establishment.
A.
This article establishes overlay districts, which apply additional standards to the development and design requirements of land in Frederick County. These district standards exist as overlays to the existing underlying zoning districts established in Article IV, Primary Zoning Districts, of this chapter. As such, the provisions for the overlay districts do not replace, but shall serve to supplement the underlying district provisions.
(1)
If there is any conflict between the provisions or requirements of an overlay district and those of any underlying primary district, the more restrictive provisions will apply.
B.
Frederick County is hereby divided into the following overlay districts:
Table V-1: Overlay Zoning Districts | |
|---|---|
All Overlay Districts | |
AP1 | Airport |
FP | Floodplain |
HA | Historic Area |
IA | Interstate Area |
TNDB | Traditional Neighborhood Design-Business |
§ 165-502.01 Purpose and intent.
The AP1, Airport District, is intended to ensure the complete safety of the Winchester Regional Airport. It is intended to prevent the encroachment of airport hazards and require existing potential airport hazards to be removed, altered, marked, or lighted as deemed necessary by the Executive Director of the Winchester Regional Airport Authority. This Part also provides for noise easements and noise abatement to protect adjoining zones from the exposure of airport noise.
§ 165-502.02 Airport safety zones.
A.
In order to carry out the provisions of this district, zones are established which include all of the land and airspace of Frederick County with elevations equal to and above the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to the Winchester Regional Airport. These zones are established as overlay zones and are shown on the Zoning Map which is part of this chapter.
B.
The various zones are hereby established as follows:
(1)
Airport Zone: a zone that is centered about the runway and primary surface, with the floor set by the horizontal surface.
(2)
Approach Zone: a zone that extends away from both ends of the runway along the extended runway center line, with the floor set by the approach surface.
(3)
Conical Zone: a zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface.
(4)
Horizontal Zone: a zone established as the area within the conical zone, with its center at the airport reference point and having a radius of 7,000 feet.
(5)
Transitional Zone: a zone that fans perpendicularly from the runway center line and approach surfaces, with the floor set by the transitional surface.
C.
The source of the specific geometric standards for these zones is to be found in 14 CFR 77.19 or in successor Federal Regulations.
§ 165-502.03 Height limitations.
A.
Except as otherwise provided in this Part, no structure shall be erected, altered, or maintained and no vegetation shall be allowed to grow in any zone created by this chapter to a height exceeding the height limit established for each zone.
(1)
Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail.
B.
Height limitations are hereby established for each of the zones in question as follows:
(1)
Approach Zone: one foot in height for each 50 feet in horizontal distance beginning at a point 200 feet from and at the center-line elevation of the end of the runway and extending to a distance of 10,200 feet from the end of the runway; thence one foot in height for each 40 feet in horizontal distance to a point 50,200 feet from the end of the runway.
(2)
Conical Zone: one foot in height for each 20 feet of horizontal distance, beginning at the periphery of the horizontal zone, extending to a height of 1,122.5 feet above the airport elevation.
(3)
Horizontal zone: 150 feet above the airport elevation or a height of 870 feet above mean sea level.
(4)
Transitional zone: one foot in height for each seven feet in horizontal distance, extending 200 feet beyond each end of the center line of the runway, extending to a height of 150 feet above the airport elevation, which is 720 feet above mean sea level.
(a)
In addition to the foregoing, there are established height limits of one foot vertical height for each seven feet of horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces.
(b)
Further, where the approach zone projects through and beyond the conical zone, a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the approach zone and extending a distance of 5,000 feet from the edge of the approach zone measured normal to the center line of the runway extended.
§ 165-502.04 Use restrictions.
A.
Notwithstanding any other provisions of this district and within the area below the horizontal limits of any zone established by this Part, no use may be made of land or water within any zone established by this chapter in such a manner as to:
(1)
Create electrical interference with navigational signals or radio communication between the airport and aircraft;
(2)
Diminish the ability of pilots to distinguish between airport lights and other lights;
(3)
Result in glare in the eyes of pilots using the airport;
(4)
Impair visibility in the vicinity of the airport;
(5)
Create the potential for bird strike hazards; or
(6)
Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.
B.
No permit shall be granted that would allow the establishment or creation of an airport hazard or a hazard to air navigation.
C.
Any permit granted in the airport zones may be conditioned to require the owner of the structure in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the FAA, the Virginia Department of Aviation, or the Zoning Administrator.
§ 165-502.05 Noise.
A.
Noise abatement. The Executive Director of the Winchester Regional Airport Authority shall provide the County with a noise abatement plan that will be shown on a day-night average sound level (LDN) map. This map will provide the County with all land that is encompassed within zones of 65 LDN and above.
(1)
It shall be the responsibility of the Department of Planning and Development to keep and maintain these LDN maps, as well as review all requests for development that fall within the LDN zones to determine the noise impacts on said development.
§ 165-502.06 Nonconforming uses.
A.
No permit shall be granted that would allow a nonconforming use, structure, or vegetation to be made or become higher or to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto or than it is when the application for a permit is made.
B.
Whenever the Zoning Administrator determines that a nonconforming structure or vegetation has been abandoned or more than 50% torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or vegetation to exceed the applicable height limit or otherwise deviate from the airport district regulations contained in this Part.
§ 165-502.07 Appeals.
A.
Prior to being considered by the Board of Zoning Appeals (BZA), the application for a variance from the requirements of the Airport District shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace.
(1)
Such variances shall only be allowed in accordance with Article III, Permits and Applications, of this chapter and the Code of Virginia.
B.
A copy of the application shall be provided to the Executive Director of the Winchester Regional Airport Authority for advice as to the aeronautical effects of the variance prior to consideration by the BZA.
C.
Any variance granted may be conditioned to require the owner of the structure in question to comply with § 165-502.04C, above.
(1)
If deemed proper with reasonable cause by the BZA, this condition may be modified to require the owner of the structure in question to permit the airport owner, at the airport owner's expense, to install, operate, and maintain the necessary markings and lights.
§ 165-503.01 Purpose and authority.
A.
This Part is adopted pursuant to the authority granted to localities by Code of Virginia §§ 15.2-2200, 15.2-2280, and 15.2-2283, and may be referred to as the Frederick County Floodplain Overlay District, floodplain management overlay district, floodplain district, or flood hazard overlay district.
B.
The purpose of these provisions is to prevent the:
(1)
Loss of life and property;
(2)
Creation of health and safety hazards;
(3)
Disruption of commerce and governmental services;
(4)
Extraordinary and unnecessary expenditure of public funds for flood protection and relief; and
(5)
Impairment of the tax base by:
(a)
Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies;
(b)
Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding;
(c)
Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage; and
(d)
Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.
§ 165-503.02 Applicability.
These provisions shall apply to all privately and publicly owned lands within the jurisdiction of Frederick County and identified as Special Flood Hazard Areas (SFHA) according to the Flood Insurance Rate Map (FIRM) or included in the Flood Insurance Study (FIS) that are provided to Frederick County by the Federal Emergency Management Agency (FEMA).
§ 165-503.03 Compliance and liability.
A.
No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and any other applicable regulations which apply to uses within the jurisdiction of this chapter.
B.
In the event that any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial discretion, the basic underlying district provisions established in Article IV, Primary Zoning Districts, of this chapter, shall remain applicable.
C.
The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection.
(1)
Larger floods may occur on rare occasions.
(2)
Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris.
D.
This Part does not imply that districts outside the floodplain district, or that land uses permitted within such district, will be free from flooding or flood damages.
E.
This Part shall not create liability on the part of Frederick County, or any officer or employee thereof, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
§ 165-503.04 Floodplain Administrator.
A.
Designation. The Zoning Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. In the absence of a designated Floodplain Administrator, the duties are conducted by the Frederick County Director of Planning and Development. The Floodplain Administrator may:
(1)
Administer the duties and responsibilities herein;
(2)
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees; and
(3)
Enter into a written agreement or written contract with another locality or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the County of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program (NFIP) as set forth in the Code of Federal Regulations at 44 CFR 59.22.
B.
Duties and responsibilities. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:
(1)
Review applications for permits to determine whether proposed activities will be located in the SFHA.
(2)
Interpret floodplain boundaries and provide available Base Flood Elevation (BFE) and flood hazard information.
(3)
Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.
(4)
Review applications to determine whether all necessary permits have been obtained from the federal, state or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free flowing, nontidal waters of the state.
(5)
Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEQ, U.S. Army Corps of Engineers) and have submitted copies of such notifications to FEMA.
(6)
Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met or disapprove applications if the provisions of these regulations have not been met.
(7)
Inspect, or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if noncompliance has occurred or violations have been committed.
(8)
Review elevation certificates and require incomplete or deficient certificates to be corrected.
(9)
Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for Frederick County, within six months after such data and information becomes available if the analyses indicate changes in BFEs.
(10)
Maintain and permanently keep records that are necessary for the administration of these regulations, including:
(a)
FISs, FIRMs (including historic studies and maps and current effective studies and maps) and Letters of Map Change (LOMC); and
(b)
Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.
(11)
Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop-work orders, and require permit holders to take corrective action.
(12)
Advise the BZA regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.
(13)
Administer the requirements related to proposed work on existing buildings, including:
(a)
Making determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged;
(b)
Making reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct; and
(c)
Prohibiting the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.
(14)
Undertaking, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which may include but are not limited to:
(a)
Issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures;
(b)
Coordinating with other Federal, State, and local agencies to assist with substantial damage determinations;
(c)
Providing owners of damaged structures information related to the proper repair of damaged structures in SFHAs; and
(d)
Assisting property owners with documentation necessary to file claims for Increased Cost of Compliance coverage under NFIP flood insurance policies.
(15)
Notify FEMA when the boundaries of Frederick County have been modified and:
(a)
Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and
(b)
If the FIRM for any annexed area includes SFHAs that have flood zones that have regulatory requirements that are not set forth in these regulations, prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation, and a copy of the amended regulations shall be provided to the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.
(16)
Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.
(17)
Taking into account flood, mudslide, and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdictional area of Frederick County, whether or not those hazards have been specifically delineated geographically (e.g., via mapping or surveying).
§ 165-503.05 Records.
Records of actions associated with administering this Part shall be kept on file and maintained by or under the direction of the Floodplain Administrator in perpetuity.
§ 165-503.06 Administration.
A.
Use and interpretation of FIRMSs. The Floodplain Administrator shall make interpretations, where needed, as to the exact location of SFHAs, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:
(1)
Where field-surveyed topography indicates that adjacent ground elevations:
(a)
Are below the BFE, even in areas not delineated as a SFHA on the FIRM, the area shall be considered as a SFHA and subject to the requirements of these regulations;
(b)
Are above the BFE and the area is labelled as an SFHA on the FIRM, the area shall be regulated as a SFHA, unless the applicant obtains a LOMC that removes the area from the SFHA.
(2)
In FEMA-identified SFHAs where BFE and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used.
(3)
BFEs and designated floodway boundaries on FIRMs and in FISs shall take precedence over BFEs and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower BFEs.
(4)
Other sources of data shall be reasonably used if such sources show increased BFEs and/or larger floodway areas than are shown on FIRMs and in FISs.
(5)
If preliminary FIRM and/or a preliminary FIS has been provided by FEMA:
(a)
Upon the issuance of a Letter of Final Determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.
(b)
Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to § 165-503.10, below, and used where no BFEs and/or floodway areas are provided on the effective FIRM.
(c)
Prior to the issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary BFEs or floodway areas exceed the BFEs and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.
§ 165-503.07 Jurisdictional boundary changes.
A.
The County floodplain ordinance in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements for participation in the NFIP. Municipalities with existing floodplain ordinances shall pass a resolution acknowledging and accepting responsibility for enforcing floodplain ordinance standards prior to annexation of any area containing identified flood hazards.
(1)
If the FIRM for any annexed area includes SFHAs that have flood zones that have regulatory requirements that are not set forth in these regulations, the Board of Supervisors shall prepare amendments to these regulations to adopt the FIRM and appropriate requirements, and submit the amendments to the governing body for adoption; such adoption shall take place at the same time as or prior to the date of annexation, and a copy of the amended regulations shall be provided to the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.
B.
In accordance with 44 CFR 59.22(a)(9)(v), all NFIP participating communities must notify the Federal Insurance Administration and, optionally, the State Coordinating Office in writing whenever the boundaries of the County have been modified by annexation or the County has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.
C.
To ensure all FIRMs accurately represent the County's boundaries, a copy of a map of the County suitable for reproduction, clearly delineating the new corporate limits or new area for which the County has assumed or relinquished floodplain management regulatory authority, must be included with the notification.
§ 165-503.08 District boundary changes.
A.
The delineation of any of the floodplain districts may be revised by Frederick County where natural or man-made changes have occurred and/or more detailed studies have been conducted or undertaken by the United States Army Corps of Engineers or other qualified agency or individual documenting the necessity for such change.
(1)
Prior to any such change, FEMA approval must be obtained. A completed Letter of Map Revision (LOMR) is a record of this approval.
§ 165-503.09 Letters of map revision (LOMR).
A.
The County's BFEs may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, the County shall notify FEMA of the changes by submitting technical or scientific data.
(1)
The County may submit data via an LOMR.
(2)
Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates, and floodplain management requirements will be based upon current data.
B.
When development in the floodplain will cause or causes a change in the BFE, the applicant, including state agencies, must notify FEMA by applying for a Conditional Letter of Map Revision (CLOMR) and then a LOMR. Examples may include, but are not limited to:
(1)
Any development that causes a rise in the BFEs within the floodway.
(2)
Any development occurring in Zones A1-30 and AE without a designated floodway, which will cause a rise of more than one foot in the BFE.
(3)
Alteration or relocation of a stream (including but not limited to installing culverts and bridges) in accordance with 44 CFR 65.3 and 65.6(a)(12).
§ 165-503.10 Description of Special Flood Hazard Districts.
A.
Basis of districts. The various flood hazard districts shall include the SFHAs. The basis for the delineation of these districts shall be the FIS and the FIRM for Frederick County prepared by FEMA, dated January 29, 2021, and any subsequent revisions or amendments thereto.
(1)
Frederick County may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a Local Flood Hazard Map using best available topographic data and locally derived information such as flood of record, historic high-water marks, or approximate study methodologies.
(2)
The boundaries of the SFHAs are established as shown on the FIRM which is declared to be a part of this Part, and which shall be kept on file at the Frederick County Department of Planning and Development.
B.
Description of flood hazard zones. The flood hazard zones described below constitute the Floodplain Overlay District.
(1)
General AE Zone. Those areas for which 1% annual chance flood elevations have been provided and the floodway has been specifically defined in Table 2 of the above-referenced FIS and shown on the accompanying FIRMs.
(a)
The following provisions shall apply within the Floodway District of an AE Zone:
[1]
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the County during the occurrence of the base flood discharge.
[a]
Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.
[2]
Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies, with Frederick County's endorsement, for a CLOMR, and receives FEMA approval.
[3]
If § 165-503.10, above, is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 165-503.14 through 165-503.16, below.
[4]
The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision, provided the anchoring, elevation, and encroachment standards are met.
(b)
The AE Zone on the FIRM accompanying the FIS shall be those areas for which 1% annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE Zone where FEMA has provided BFEs:
[1]
Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the SFHAs, designated as Zones A1-30 and AE on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within Frederick County.
[2]
Development activities in Zones A1-30 and AE, on the Frederick County FIRM which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that the applicant first applies, with Frederick County's endorsement, for a CLOMR, and receives FEMA approval.
(2)
A zone. Those areas for which no detailed flood profiles or elevations are provided, but the 1% annual chance floodplain boundary has been approximated, as shown on the maps accompanying the FIS. For these areas, the following provisions shall apply:
(a)
The BFEs and floodway information from federal, state, and other acceptable sources shall be used, when available.
(b)
Where the specific 1% annual chance flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development, and/or activity shall determine this BFE.
(c)
For development proposed in the approximate floodplain, the applicant must use technical methods that correctly reflect currently accepted practices, such as point on boundary, high-water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator.
(d)
The Floodplain Administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such BFE data is utilized, the lowest floor shall be elevated to or above the base flood level no lower than one foot above the BFE.
(e)
During the permitting process, the Floodplain Administrator shall obtain:
[1]
The elevation of the lowest floor (in relation to mean sea level), including the basement, of all new and substantially improved structures; and
[2]
If the structure has been floodproofed in accordance with the requirements of this Part, the elevation (in relation to mean sea level) to which the structure has been floodproofed.
(f)
BFE data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in an FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.
(3)
X Zone. If shaded on the FIRM, these are areas of the County where the annual flood risk is considered moderate at between 1% and 0.2%. If unshaded, these are areas where the annual flood risk is considered low at below 0.2%. There are no specific development requirements in the X Zone pursuant to this Part.
§ 165-503.11 Flood Insurance Rate Map (FIRM).
The boundaries of the SFHA and floodplain districts are established as shown on the FIRM, which are by reference made a part of this chapter and which shall be kept on file at the Frederick County Department of Planning and Development.
§ 165-503.12 Interpretation of district boundaries.
A.
Initial interpretations of the boundaries of the floodplain districts shall be made by the Zoning Administrator. Should a dispute arise concerning the boundaries of any of the Districts, the BZA shall make the necessary determination in accordance with Article III, Permits and Applications, of this chapter.
(1)
The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the BZA and to submit technical evidence if they desire.
§ 165-503.13 Permit and application requirements.
A.
Permit requirement. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a permit.
(1)
Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and regulations, including but not limited to the Virginia Uniform Statewide Building Code (VA USBC),[1] Chapter 144, Subdivision of Land, and Chapter 143, Stormwater/Erosion and Sediment Control.
[1]
Editor's Note: See Code of Virginia, § 36-97 et seq.
(2)
Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include compliance with all applicable state and federal laws.
(3)
Under no circumstances shall any use, activity, development and/or construction activities adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
(4)
In circumstances where a permit is not required, all development and/or construction activities occurring within any floodplain district shall be undertaken only upon approval by the Zoning Administrator.
B.
Site plans and permit applications. All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information:
(1)
The elevation of the base flood at the site;
(2)
For structures to be elevated, the elevation of the lowest floor (including basement);
(3)
For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed; and
(4)
Topographic information showing existing and proposed ground elevations.
C.
Standards for subdivision proposals.
(1)
All subdivision proposals shall:
(a)
Be consistent with the need to minimize flood damage;
(b)
Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; and
(c)
Have adequate drainage provided to reduce exposure to flood hazards.
(2)
In A Zones, BFE data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed 50 lots or five acres, whichever is the lesser.
D.
Alteration or relocation of watercourse. In addition to the other applicable provisions of this Part, the following additional provisions shall apply in all SFHAs:
(1)
Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, VADEQ, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations).
(a)
Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and FEMA.
(2)
The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.
§ 165-503.14 General standards.
A.
In all identified flood hazard areas where BFEs have been provided in the FIS or generated by a certified professional in accordance with § 165-503.10, above, the following provisions will apply:
(1)
New construction and substantial improvements shall be:
(a)
Built according to the VA USBC,[1] and anchored to prevent flotation, collapse, or lateral movement of the structure.
[1]
Editor's Note: See Code of Virginia, § 36-97 et seq.
(b)
Constructed with materials and utility equipment resistant to flood damage.
(c)
Constructed by methods and practices that minimize flood damage.
(2)
Electrical, heating, ventilation, plumbing, air-conditioning equipment, and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
(3)
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(4)
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(5)
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
§ 165-503.15 Elevation and construction standards.
A.
In all SFHAs where BFEs have been provided in the FIS or generated by a certified professional according to § 165-503.10C of this chapter, the following provisions shall apply:
(1)
Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in Zones A1-30, AE, AH, and A with detailed BFEs shall have the lowest floor, including basement, elevated no lower than one foot above the BFE.
(2)
Nonresidential construction. New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to no lower than one foot above the BFE.
(a)
Nonresidential buildings located in all A1-30 and AE Zones may be floodproofed in lieu of being elevated, provided that all areas of the building components below the elevation corresponding to the BFE plus one foot are:
[1]
Watertight with walls substantially impermeable to the passage of water; and
[2]
Using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.
(b)
A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.
(3)
Space below the lowest floor. In Zones A, AE, and A1-A30, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:
(a)
Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator);
(b)
Be constructed entirely of flood-resistant materials below the regulatory flood protection elevation;
(c)
Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:
[1]
Provide a minimum of two openings on different sides of each enclosed area subject to flooding.
[2]
The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.
[3]
If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.
[4]
The bottom of all required openings shall be no higher than one foot above the adjacent grade.
[5]
Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.
[6]
Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.
(4)
Accessory structures. Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of Subsection A(2), above, or, if not elevated or dry floodproofed, shall:
(a)
Not be used for human habitation;
(b)
Be limited to no more than 600 square feet in total floor area;
(c)
Be usable only for parking of vehicles or limited storage;
(d)
Be constructed with flood-damage-resistant materials below the BFE;
(e)
Be constructed and placed to offer the minimum resistance to the flow of floodwaters;
(f)
Be anchored to prevent flotation;
(g)
Have electrical service and mechanical equipment elevated to or above the BFE; and
(h)
Be provided with flood openings which shall meet the following criteria:
[1]
There shall be a minimum of two flood openings on different sides of each enclosed area; if a building has more than one enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls.
[2]
The total net area of all flood openings shall be at least one square inch for each square foot of enclosed area (nonengineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters.
[a]
The certification requirement may be satisfied by an individual certification or an evaluation report issued by the ICC Evaluation Service, Inc.
[3]
The bottom of each flood opening shall be one foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening.
[4]
Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area.
(5)
Standards for manufactured homes and recreational vehicles.
(a)
Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state requirements for resisting wind forces.
(b)
In zones A and AE, all manufactured homes placed, or substantially improved, on individual lots or parcels must meet all the requirements for new construction, including the elevation and anchoring requirements in §§ 165-503.13 through 165-503.17. of this chapter.
(c)
All recreational vehicles placed on sites must either:
[1]
Be on the site for fewer than 180 consecutive days, be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions); or
[2]
Meet all the requirements for manufactured homes in Subsection A(5)(a), above.
§ 165-503.16 Existing structures in floodplain areas.
A.
Any structure or use of a structure or premises must be brought into conformity with these provisions when it is changed, repaired, or improved unless one of the following exceptions is established before the change is made:
(1)
The Floodplain Administrator has determined that:
(a)
Change is not a substantial repair or substantial improvement; and
(b)
No new square footage is being built in the floodplain that is not compliant; and
(c)
No new square footage is being built in the floodway; and
(d)
The change complies with this Part and the VA USBC;[1] and
[1]
Editor's Note: See Code of Virginia, § 36-97 et seq.
(2)
The changes are required to comply with a citation for a health or safety violation.
(3)
The structure is a historic structure, and the change required would impair the historic nature of the structure.
§ 165-503.17 Penalties for violations.
A.
Any person who fails to comply with any of the requirements or provisions of this article or directions of the Zoning Administrator or any authorized employee of Frederick County shall be guilty of a misdemeanor and subject to the penalties outlined in Article II, Administration, of this chapter.
(1)
The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115.[1]
[1]
Editor's Note: See 13 VAC 5-63-40 and 13 VAC 5-63-150, respectively.
B.
In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue.
(1)
All such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by Frederick County to be a public nuisance and abated as such.
C.
Flood insurance may be withheld from structures constructed in violation of this article.
§ 165-504.01 Purpose and intent.
A.
In accordance with Code of Virginia §§ 15.2-2283 and 15.2-2306, the Historic Area (HA) Overlay Zone is intended to protect, enhance, and aid in the perpetuation of especially noteworthy examples or elements of Frederick County's cultural, social, economic, religious, political, agricultural, military, industrial, or architectural history in order to:
(1)
Foster civic pride and an appreciation for historic values;
(2)
Maintain and improve property values by providing incentives for upkeep and rehabilitation;
(3)
Protect and enhance the County's attractiveness to tourists and visitors;
(4)
Provide for the education and general welfare of the people of the County; and
(5)
Encourage nomination of qualified historic properties to the state and national registers.
§ 165-504.02 Establishing overlay boundaries.
A.
HA Zones may be created by amending this chapter as provided for in Article III, Permits and Applications, of this chapter.
B.
Following a public hearing, the Historic Resources Advisory Board (HRAB) may initiate a proposal to the Planning Commission and the Board of Supervisors for amendments, including the establishment of HA Zones and the revision of existing HA Zones. A proposal for such amendment(s) may also be submitted by residents of an area that wish it to be designated as a historic area.
(1)
The HRAB or applicant shall submit a report to support the proposed amendment. The report shall suggest the historic boundaries as well as describe the historic and/or architectural significance of the buildings, structures or sites to be protected, current planning affecting the area, present development trends and conditions in the area and the public objectives for preservation.
(2)
A public hearing shall be held by the Board of Supervisors prior to adoption of a proposed HA zone.
(a)
Notice shall be sent to all property owners in accordance with Article III, Permits and Applications, of this chapter.
[1]
The Board of Supervisors shall alter the boundaries of the proposed zone to exclude those property owners expressing opposition.
(3)
Any area to be designated as an HA Zone shall in fact include landmarks, buildings, structures, or sites determined to be of historical and/or architectural significance. All stated recommendations of the HRAB which supplement or modify the general regulations of this Part may be adopted by the Board of Supervisors and applied to the zone created.
(4)
At the time an overlay zone is established, the Board of Supervisors may create an additional position and appoint a member to the HRAB. The member appointed shall be the owner of property within the newly established zone and shall serve a term of two years.
§ 165-504.03 Criteria for determining historic significance.
A.
The significance of a historic area shall be based on cultural, architectural, and historical factors and shall be documented in a written report, which shall include a discussion of the following:
(1)
Architectural style.
(a)
Presence of distinguishing characteristics of a recognized style.
(b)
Significance of architectural design.
(c)
Scale and/or interrelationship of structures and/or environmental features.
(d)
Significant patterns of development.
(e)
Quality of workmanship.
(f)
Amount of surviving original material.
(g)
Original location and/or use.
(h)
Remaining outbuildings or dependencies.
(i)
Surrounding environment, gardens, landscaping and walks.
(j)
Overall aesthetic quality.
(k)
Original integrity of the structure and its details.
(2)
Historic and/or cultural significance.
(a)
Association with historic person.
(b)
Association with historic events.
(c)
Work of leading architect or master craftsman.
(d)
Site or structure of cultural significance.
(3)
Additional information.
(a)
A description of existing structures and uses likely to have an adverse effect on the character of the district, including those near and visually related to the district, with maps, photographs, and other data indicating the reasons for such an effect.
(b)
A list of structures within the zone which notes which structures are contributing and which are not. Surviving building types and structures which are not historic in themselves, but adding to the character of a historic area, should be evaluated as potentially deserving preservation.
(c)
An analysis of lands not occupied by structures, including lands near and visually related to the district.
[1]
For public lands, ownership, use, and location shall be indicated.
[2]
For private lands, assessed valuation shall be added as well as existing zoning and planned land use.
(d)
Recommendations concerning supplemental regulations to be applied to the historic area under consideration for the purpose of preventing changes which are incompatible with the buildings, structures or sites to be preserved.
[1]
Such regulations may include permitted and prohibited principal and accessory uses and structures, minimum lot and yard requirements, maximum lot coverage by all buildings, maximum height of structures, off-street parking and loading requirements, control of signs and exterior illumination, and the control of significant exterior alterations to existing buildings.
§ 165-504.04 Use regulations.
Within the Historic Area Overlay Zone, general regulations and permitted uses shall be the same as provided within the respective underlying zoning districts, as established in Article VI, Use Matrix, of this chapter, except where such regulations are modified or amended by recommendation of the HRAB and adoption of the Board of Supervisors.
§ 165-504.05 Guidelines for new construction or alterations.
A.
General standards.
(1)
The HRAB may use reasonable discretion in determining an applicant's degree of compliance, as long as a proposed design is consistent with the purpose and intent of the HA Zone.
B.
Development standards.
(1)
New construction should speak of the historical era within the particular HA Overlay Zone and should not seek to replicate or reproduce existing features but complement the existing historic architecture and character.
(a)
Franchise architecture should be avoided in HA Overlay Zones.
(2)
All new construction should:
(a)
Protect and preserve significant archaeological resources.
(b)
Maintain a height and scale which is compatible with adjacent buildings and other existing structures in the historic area.
C.
Screening.
(1)
Items such as mechanical equipment, meters, transformers, HVAC equipment and dumpsters should be visually screened from public view.
D.
Parking.
(1)
Parking areas should be designed to maintain the integrity of an area's historic nature by minimizing the dominance of the automobile and reducing the visual impact of parking areas.
(2)
Parking areas should be placed as to not de-emphasize the main structures in the HA Overlay Zone.
(3)
Parking areas within an HA Zone shall conform to the parking space and landscaping requirements of Article VIII, Community Development Standards, of this chapter, but shall not be subject to the surface materials and curbs and gutters requirements unless necessary for erosion and sediment control or stormwater management purposes.
(4)
Parking areas within HA Zones shall be permitted to utilize brick, pavers, reinforced gravel systems, or similar materials so long as a dust-free environment is maintained.
(5)
Parking surfaces comprised solely of unfortified grass areas are not acceptable.
E.
Signs.
(1)
Freestanding signage shall conform to the requirements of Article VIII, Part 809, of this chapter.
(2)
Wall-mounted signs shall be limited to a height of 20 feet above grade.
(3)
One building-mounted sign not to exceed 50 square feet shall be permitted per building face.
§ 165-505.01 Purpose and intent.
A.
The Interstate Area (IA) Overlay District is intended to provide commercial businesses within an identified area the ability to utilize business signs that are in excess of the limits specified in Article VIII, Part 809, of this chapter. This flexibility is provided to inform the traveling public of business service opportunities at specific interstate interchange areas.
B.
The standards within this Part are designed to allow for additional visibility for commercial businesses while minimizing negative impacts to view sheds, the traveling public and residential properties that are adjacent to or within the proximity of the overlay district.
C.
Established boundaries are based on reasonable sight distances and policies set forth in the Comprehensive Plan and are intended to designate each interstate interchange area and provide guidance for considering the addition of subsequent properties.
§ 165-505.02 District boundaries.
Properties included within the IA Overlay District shall be delineated on the Official Zoning Map for Frederick County.
§ 165-505.03 Establishment of districts.
A.
The Board of Supervisors may apply the IA Overlay District to properties within the proximity of interstate interchange areas upon concluding that:
(1)
The property is in conformance with the idealized interchange development pattern recommendation of the Frederick County Comprehensive Plan;
(2)
The placement of a sign meeting the requirements of this section will not have an adverse impact on adjoining properties whose primary use is residential; and
(3)
The property has met the requirements of Article I, General Provisions, of this chapter, as well as the requirements of Code of Virginia, § 15.2-2286.A.7.
§ 165-505.04 District regulations.
A.
Permitted signs. Signs permitted in the underlying zoning district(s) shall be permitted in addition to those established in this section.
B.
Prohibited signs. Signs prohibited in the underlying zoning district(s) shall be prohibited in the IA Overlay District.
C.
Number of freestanding commercial business signs. On any parcel within the IA Overlay District, one interstate overlay sign that complies with the requirements set forth in this Part may be erected.
D.
Setback requirements.
(1)
All portions of an interstate overlay sign shall be set back a minimum of 10 feet from any lot line or property boundary line and shall meet all other applicable setback requirements for the underlying zoning district as established in Article IV, Primary Zoning Districts, of this chapter.
(2)
When any interstate overlay sign exceeds the height requirement of the underlying zoning district(s) and is located on property that adjoins or is across a right-of-way from property that is in the RP or HE zoning districts, or any property which has a residence as its primary use, the setback shall be the normal setback plus one foot for every foot over the maximum height of the underlying zoning district(s).
(3)
The Board of Supervisors may waive any portion of the setback described in Subsection D(2), above, if it can be demonstrated that the setback requirement cannot be met due to the irregular size or shape of the parcel.
E.
Spacing requirements. The spacing requirements between an interstate overlay sign and signs in the underlying zoning district(s) shall comply with the requirements in § 165-809.03D of this chapter and shall meet all other applicable spacing requirements.
F.
Maximum size. No interstate overlay sign shall exceed a total of 300 square feet in area.
(1)
When more than one qualifying use is located on a single parcel within the IA Overlay District, a single support structure may be erected which contains one or more signs, the total combined square footage of which shall not exceed 500 square feet in area.
G.
Illumination. Direct and reflected light from any illuminated IA overlay sign shall comply with the applicable requirements of Article VIII, Community Development Standards, of this chapter.
H.
Maintenance and permits.
(1)
All signs that are erected in the IA Overlay District shall meet the maintenance and permit requirements as specified in Article VIII, Part 809, of this chapter.
(2)
If required, appropriate easements shall be secured by any property owner that desires to erect an interstate overlay sign prior to the issuance of a sign permit in order to ensure that required maintenance can be performed.
I.
Permitted heights.
(1)
All interstate overlay signs shall be located a minimum of 25 feet in height above the base of the sign support structure.
(2)
The maximum height for interstate overlay signs shall be determined by the nearest interstate exit number and shall be based on an elevation above mean sea level as set out below:
Table V-2: Maximum Heights for Interstate Overlay Signs | ||
|---|---|---|
Exit Number | Exit Name | Maximum Business Sign Height (feet above mean sea level) |
302 | Middletown and Rt. 11 South | 760 |
307 | Stephens City and Rt. 277 | 800 |
310 | Kernstown and Rt. 37 | 805 |
313 | Rt. 50/17 and Rt. 522 | 805 |
315 | Rt. 7 and Berryville Avenue | 750 |
317 | Rt. 11 North and Rt. 37 | 815 |
321 | Clearbrook and Rt. 11 North | 700 |
323 | Whitehall and Rt. 11 North | 710 |
§ 165-506.01 Purpose and intent.
A.
The Traditional Neighborhood Design-Business (TNDB) Overlay District is intended to implement the adopted Comprehensive Plan goals to advance and promote the health, safety, and general welfare of the public and the orderly development of Frederick County by:
(1)
Supporting a business climate conducive to economic activity and orderly economic growth;
(2)
Providing a variety of housing types and locations to meet the varied needs and income levels of the County's present and future population; and
(3)
Providing for adequate and safe pedestrian and bicycle travel and promoting traditional neighborhood design in urban centers and neighborhood villages.
B.
The TNDB Overlay District provides parcels within the following locations with the ability to utilize traditional neighborhood design criteria that are different from the criteria specified in Article IV, Primary Zoning Districts, of this chapter:
(1)
The County's Urban Development Area (UDA); or
(2)
Parcels located in areas identified as a potential urban center or neighborhood village in the Comprehensive Plan which are located within the Sewer and Water Service Area (SWSA).
(3)
All parcels within this district should be located along major roadways and prominent road intersections that are located in close proximity to existing or planned residential areas.
C.
This flexibility is provided to enable traditional neighborhood design which includes a mix and integration of uses, a mix and diversity of housing types, increased density, walkability, connectivity, traditional neighborhood structure, high quality architecture and urban design, sustainability and environmental quality, and enhanced design and planning.
§ 165-506.02 District boundaries.
Properties that are included within the TNDB Overlay District shall be delineated on the Official Zoning Map for Frederick County.
§ 165-506.03 Establishment of districts.
The Board of Supervisors may apply the TNDB Overlay District, following the procedures of Article III, Permits and Applications of this chapter, to properties of less than 20 acres in the B1 and B2 Zoning Districts, upon concluding that the parcel(s) meet the criteria established in § 165-506.01B, above., and that the requirements of this Part will not have an adverse impact on adjoining properties whose primary use is residential.
§ 165-506.04 Use and dimensional regulations.
A.
Uses allowed. Any use allowed in the underlying zoning district shall be allowed.
(1)
Residential dwelling units shall be permitted within the same buildings as other permitted uses, provided that such dwellings units shall be located above the ground floor of the building so as not to interrupt the commercial frontage in the district.
B.
Dimensional and intensity requirements. The following dimensional and intensity requirements shall apply and supersede those of the underlying zoning district:
Table V-3: TNDB Dimensional and Intensity Requirements | |
|---|---|
Maximum residential density | 10 dwelling units/acre |
Minimum front yard setback on primary or arterial highways | 30 feet |
Maximum front yard setback on primary or arterial highways | 50 feet |
Minimum front yard setback on collector or minor streets | 10 feet |
Maximum front yard setback on collector or minor streets | 20 feet |
Side yard setbacks | |
Rear yard setbacks | |
Floor area to lot area ratio (FAR) | 1.00 |
Minimum landscaped area (percentage of lot area) | 15% |
Maximum height | 60 feet |
Maximum number of habitable floors | 3 |
C.
A waiver from the maximum front yard setback on collector or minor streets may be granted by the Board of Supervisors at the time of rezoning to enable areas open to the public such as pocket parks and outdoor seating.
D.
All other applicable dimensional and intensity requirements of Article IV, Primary Zoning Districts, of this chapter shall apply.
§ 165-506.05 Off-street parking; parking lots.
A.
Off-street parking shall be provided on each lot or parcel on which any use is established according to the requirements of Part.
B.
Required parking spaces.
(1)
Required parking spaces for residential dwelling units shall be dedicated and delineated solely for use by the residents and identified on the Site Plan for the development.
Table V-4: Required Off-Street Parking for Residential Dwelling Units in TNDB | |
|---|---|
Number of Bedrooms | Off-Street Parking Spaces |
Efficiency | 1.0 |
1 | 1.0 |
2+ | 2.0 |
(2)
Required parking spaces for commercial uses shall be in accordance with Article VIII, Part 804, of this chapter.
(a)
The Zoning Administrator may allow some variation in the standards for required parking for the commercial uses based on detailed parking demand studies provided by the applicant.
(3)
On-street parking can be counted towards meeting the required parking in Article VIII, Part 804, of this chapter, provided such parking is located within 400 feet of the subject principal use.
C.
Areas devoted to parking or circulation of vehicles shall not be located in the front yard, nor shall such areas be located closer to the street than the primary structure on the lot.
D.
All other regulations concerning off-street parking and parking lots shall be as required in Article VIII, Part 804, of this chapter.
§ 165-506.06 Design standards.
A.
Purpose. A harmonious coordination of uses, architectural styles, signs, and landscaping shall be provided to ensure the aesthetic quality and value of the development.
B.
Doors and entrances. Buildings must have a primary entrance door oriented towards the street or adjacent plazas, parks, squares, sidewalks, or pedestrian passageways.
(1)
Entrances at building corners may be used to satisfy this requirement.
(2)
Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian-oriented plazas, or courtyard entrances to a cluster of shops or businesses.
C.
Windows. A minimum of 40% of the street-facing building facades between two and eight feet in height must be comprised of windows that allow views of indoor space or product display areas.
D.
Central plaza. A plaza that is centrally located within the district shall be provided and shall be a minimum of 5,000 square feet in area or 2% of the total acreage of the site, whichever is greater.
(1)
At least one side of the plaza shall adjoin a road.
(2)
The plaza shall include public amenities, such as ponds, fountains, public areas, plant beds, benches, drinking fountains, clock pedestals, and other similar features.
(3)
Buildings that adjoin the plaza shall be a minimum of two stories.
E.
Sidewalks and pedestrian ways. Sidewalks shall be installed along all building entrances and along all streets.
(1)
Sidewalks located along primary building entrances utilized for the general public shall be a minimum of 10 feet wide.
(2)
All other sidewalks shall be a minimum of five feet wide.
F.
Trails. All planned bike trails as identified in the Comprehensive Plan shall be provided along any road within the proposed overlay district.
(1)
Trails shall be a minimum of 10 feet wide and have a paved surface.
G.
Buffers and screening. Buffers and screening shall be provided on each lot or parcel on which any use is established according to the requirements of this section.
(1)
Buffers and screening requirements shall be provided as required in Article VIII, Part 802, of this chapter for the underlying zoning district.
(2)
Any residential dwelling units shall be treated as commercial floor space solely for the purpose of buffers and screening requirements.
(3)
Zoning district buffers shall not be required along any existing right-of-way (ROW) which borders the development.
(4)
The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners.
(a)
Should a waiver be granted, the distance requirements of Article VIII, Part 802, of this chapter may be reduced, provided the full screening requirements of the section are met.
(5)
Loading areas shall be landscaped, screened and buffered from view as seen from adjoining streets and residential areas.
H.
Street trees.
(1)
One street tree shall be provided for every 30 feet of street frontage.
(2)
Street trees shall be planted no more than 10 feet from any ROW.
(3)
Acceptable trees shall be based on the list of street trees included in the Frederick County Master Planting List.
(4)
Street trees shall be a minimum of three-inch caliper at the time of planting.
§ 165-506.07 Master Development Plan (MDP).
A.
The Director of Planning and Development may waive the requirements of an MDP in the TNDB Overlay District for:
(1)
Sites less than 10 acres in accordance with § 165-306.03A(1) and D of this chapter; or
(2)
Any site, provided that a proffer statement, accepted by the Board of Supervisors, associated with the development contains a plan which shows:
(a)
The proposed location and arrangement of all street and utility systems.
(b)
The proposed location of entrances to the development from existing streets.
(c)
A conceptual plan for stormwater management and description of the location of all stormwater facilities designed to serve more than one parcel.
(d)
The location and treatment proposed for all historical structures and sites recognized as significant by the Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County.
B.
All other regulations concerning MDPs shall be as required in Article III, Permits and Applications, of this chapter.
§ 165-506.08 Signage.
A.
Projecting signs. Signs which project from the face of the building shall be permitted subject to the following:
(1)
The maximum sign area shall be six square feet on any side of the building.
(2)
The distance from the lower edge of the signboard to the ground shall be eight feet or greater.
(3)
The height of the top edge of the signboard shall not exceed the height of the wall from which it projects for single-story buildings, or the height of the sill or bottom of any second-story window for multi-story buildings.
(4)
The distance from the building to the signboard shall not exceed six inches.
(5)
The width of the signboard shall not exceed three feet.
B.
Awning signs. Where awnings are provided over windows or doors, awning signage is permitted with the following provisions:
(1)
Maximum of eight square feet of signage area on an awning.
(2)
No backlit awnings are allowed.
C.
Wall-mounted signs. Wall-mounted signs shall be permitted to encompass 1.5 square feet for every 1.0 linear foot of building frontage, provided that the total area of the wall-mounted sign does not exceed 150 square feet.
(1)
Wall-mounted signs shall not exceed 18 feet in height.
D.
Freestanding signs. Freestanding business signs shall not exceed 50 square feet in area and 12 feet in height.
E.
All other signs. All other sign regulations shall be as required in Article VIII, Community Development Standards, of this chapter for the underlying zoning district.
