Frederick County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VII
Additional Regulations for Specific Uses
§ 165-701.01 Agricultural supply cooperatives.
A.
Agricultural supply cooperatives located in the RA Zoning District shall meet the following requirements:
(1)
The use shall adhere to B2 Zoning District dimensional standards established in Article IV, Part 406, of this chapter.
(2)
The sale of agricultural and garden machinery shall only be permitted as an accessory use.
(3)
The repair of agricultural and garden machinery is prohibited.
(4)
The on-site sale of gasoline, off-road diesel, and other liquid fuels shall not be permitted on premises, however off-site sale (via delivery) of gasoline, off-road diesel, and other liquid fuels shall be permitted. Propane shall be permitted to be sold on the premises.
(5)
A site plan shall be submitted to and approved by Frederick County prior to the establishment of the use.
§ 165-701.02 Backyard chickens and chicken coops.
A.
Backyard chickens and chicken coops in the R4 and R5 zoning districts shall meet the following requirements:
(1)
Roosters and other species of fowl are prohibited.
(2)
Chickens shall be permitted accessory to single-family detached residences only.
(3)
A maximum of six chickens (hens only) shall be permitted with one single-family detached residence.
(4)
Chicken coops and pens shall meet the setbacks for accessory structures in the RP Zoning District contained in Article IV, Part 405, of this chapter and shall not be placed in the front setback yard required for the primary use per Article IV, Part 402, of this chapter.
(5)
Chickens shall not run at large in accordance with § 48-26 (Animals and Fowl Running at Large) of the County Code.
(6)
Chicken waste shall be stored in an enclosed container and properly disposed of by composting or other means to not create a nuisance.
(7)
Chicken feed shall be stored in an enclosed, vermin-proof container.
§ 165-701.03 Farm breweries; farm distilleries; farm wineries.
A.
Farm breweries, farm distilleries, and farm wineries in the RA District shall meet the following requirements:
(1)
Farm breweries (limited brewery). A farm brewery shall be licensed as a limited brewery in accordance with Code of Virginia, § 4.1-206.1.
(a)
All activities specified under Code of Virginia, § 15.2-2288.3:1, shall be permitted.
(2)
Farm distilleries (limited distiller). A farm distillery shall be licensed as a limited distiller in accordance with Code of Virginia, § 4.1-206.1.
(a)
All activities specified under Code of Virginia, § 15.2-2288.3:2, shall be permitted.
(3)
Farm wineries. A farm winery shall be licensed as Class I, Class II, Class III, or Class IV farm winery in accordance with Code of Virginia, § 4.1-219.
(a)
All activities specified under Code of Virginia, § 15.2-2288.3E shall be permitted.
(4)
The following activities are permitted accessory uses at farm wineries, breweries and distilleries:
(a)
On-site tours;
(b)
Kitchen and catering activities; and
(c)
Providing light refreshments and appetizers (food preparation beyond this, excluding catering for events, shall require a CUP for a restaurant).
(5)
Events shall be permitted only on farm breweries, farm distilleries and farm wineries of 10 acres or larger.
(a)
For the purposes of this section, events shall include but are not limited to meetings, conferences, dinners, festivals, and wedding receptions.
(6)
An illustrative sketch plan in accordance with the requirements of Article III, Permits and Applications, shall be submitted to and approved by Frederick County for all farm breweries, distilleries, and wineries.
(7)
Farm breweries, distilleries, and wineries that share a private access easement with another property owner(s) must show the easement allows a use of this type or written permission must be obtained by the sharing parties.
§ 165-701.04 Hog farming.
No hog pen shall be located closer than 200 feet to a residence or an adjoining property used for human habitation.
§ 165-701.05 Slaughterhouses; food manufacturing including animal slaughtering and processing.
A.
Setbacks. All buildings, animal unloading/staging areas, and animal pens shall be a minimum of 100 feet from all property lines.
B.
Size of use. Total building(s) square footage shall not exceed 20,000 square feet (SF).
C.
Screening and buffering.
(1)
All operations must be under roof and screened from view from adjoining properties and public streets.
(2)
Additional buffering and screening may be required as specified by the Zoning Administrator.
D.
General standards.
(1)
Any slaughterhouse, abattoir, rendering plant, or establishment where animals or fowl, dead or alive, are processed or where food or feed is manufactured or processed, shall be maintained and operated in a clean and sanitary manner at all times.
(2)
Such establishments shall be constructed and maintained to effectively control the entrance of insects and rodents. The doors, windows, and other openings thereof shall be fitted with screen doors and wire window screens of not coarser than 14-gauge mesh.
(3)
The word "slaughterhouse," as used in this section, shall not be construed to prohibit farmers from killing their own cattle, sheep, swine, goats, and fowl for their own family use.
§ 165-702.01 Adult care residences, assisted living care facilities, residential care facilities, and convalescent or nursing homes.
A.
Adult care residences, assisted living care facilities, and convalescent or nursing homes located in the B2 Zoning District shall meet the following requirements:
(1)
Adult care residences and assisted living care facilities shall retain open space in accordance with Article VIII, Community Development Standards, of this chapter.
(a)
Areas designated for buffers and screening and stormwater management facilities that are required to serve this use may be included in this percentage.
(2)
Road efficiency buffers as specified in § 165-802.078E of this chapter shall be met.
B.
Residential care facilities.
(1)
Residential care facilities may consist of any of the following residential structures:
(a)
Single-family small lot;
(b)
Duplex;
(c)
Multiplex;
(d)
Atrium House; or
(e)
Garden Apartments.
(f)
Residential care facilities may include home occupations, as defined in Article XI, Definitions, of this chapter.
(2)
Residential care facilities must consist of residential units which provide all of the following for its residents:
(a)
Independent-living facilities;
(b)
Congregate-care assisted-living facilities; and
(c)
Nursing home care.
(3)
Occupancy of the dwelling units shall be restricted to older persons, as defined under "housing for older persons" in Code of Virginia, § 36-96.7, with the following exceptions:
(a)
The spouse of a resident, regardless of age;
(b)
The child of a resident, provided that the child requires convalescent care, regardless of the age of the child; and
(c)
Resident staff necessary for operation of the facility are also allowed to live on site.
(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.
(a)
Such facilities must be conveniently located in relation to the remainder of the development, particularly the dwelling units; they must not be externally advertised.
(b)
The Board of Supervisors may restrict their use to residents and staff only.
§ 165-702.02 Age-restricted multifamily housing.
A.
Age-restricted multifamily housing shall consist of multifamily buildings in which individual dwelling units share a common outside access and a common yard area, which is the sum of the required lot areas of all dwelling units within the building.
B.
Age-restricted multifamily housing shall only be permitted within proffered age-restricted developments.
C.
Elevator service shall be provided to each floor of age-restricted multifamily housing structures for use by residents and guests.
D.
The maximum number of units per building shall be 110.
§ 165-702.03 Cottage occupations.
A.
Location of use. All or part of the business, such as a home office, shall be conducted within the principal residential building or an accessory building or structure.
B.
Employees and customers. No more than 10 people not residing on the premises, including customers and employees, shall be permitted per day.
C.
General standards.
(1)
The cottage occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes.
(2)
There shall be no exterior display, no exterior storage of materials, and no exterior indication of the occupation or variation from the residential character of the principal building or neighborhood.
(3)
Commercial vehicles are allowed as defined in Article XI, Definitions, of this chapter.
§ 165-702.04 Garden apartments.
A.
The following standards shall apply for all garden apartments in addition to the dimensional standards established in Article IV, Primary Zoning Districts, of this chapter:
(1)
Minimum height: two stories.
(2)
Maximum height: four stories.
(3)
Minimum units in single structure: six units.
(4)
Maximum units in single structure: 16 units.
§ 165-702.05 Home occupations.
A.
Location of use. All or part of the business shall be conducted within the principal building or structure:
(1)
In the RA Zoning District, a home occupation may be carried on in an accessory building or structure.
B.
Employees and customers. No more than five people not residing on the premises, including customers and/or employees, shall be permitted per day.
C.
General standards.
(1)
The home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes.
(2)
There shall be no exterior display, no exterior storage of materials, and no exterior indication of the occupation or variation from the residential character of the principal building and neighborhood.
(3)
The home occupation shall not produce offensive noise, vibrations, smoke, dust, heat, odor, glare, traffic hazards, or congestion and shall not adversely affect the surrounding properties.
(4)
One business vehicle is allowed.
(5)
Commercial vehicles as defined in Article XI, Definitions, of this chapter are prohibited.
§ 165-702.06 Manufactured home parks and subdivisions.
A.
Common areas.
(1)
All common areas shall be planted with appropriate landscaping in accordance with Article VIII, Part 802, of this chapter, including trees, shrubs and grass lawns. This landscaping shall be properly maintained.
(2)
All common areas shall be dedicated to and maintained by property owners' associations. The manufactured home subdivisions and the property owners' associations shall meet all requirements of Chapter 144, Subdivision of Land, of the County Code.
B.
Recreational facilities. All manufactured home parks and subdivisions shall contain at least one recreational unit in accordance with Article VIII, Part 806, of this chapter.
§ 165-702.07 Multifamily residential buildings.
A.
Location. Multifamily residential buildings shall only be located in areas designated in the Comprehensive Plan as neighborhood villages, urban centers, or other areas planned for high-density residential.
B.
General standards.
(1)
Multifamily residential buildings shall have a minimum of four dwelling unit entrances sharing an internal corridor per floor.
(a)
The entire dwelling unit does not necessarily have to be on the same floor.
(b)
External corridors are prohibited.
(2)
All multifamily residential developments where more than one residence or use shares a parking lot shall be provided with outdoor trash containers or other means of trash disposal, compliant with all standards of Article VIII, Part 808, of this chapter.
§ 165-702.08 Short-term lodging or tourist home.
A.
Permits. No short-term lodging activity shall take place on the property until the Department of Planning and Development has approved a short-term lodging administrative permit for the use and the Commissioner of the Revenue has approved a business license for the use.
B.
Maximum occupancy. The maximum number of lodgers per night shall not exceed 10 unrelated persons, except where the Uniform Statewide Building Code (USBC)[1] permits only a fewer number of occupants.
[1]
Editor's Note: See Code of Virginia, § 36-97 et seq.
C.
Use regulations.
(1)
No more than five guest rooms are permitted for short-term lodging.
(2)
A short-term lodging dwelling unit shall have a maximum of one rental contract per night.
(a)
All lodgers occupying the short-term lodging dwelling unit must be associated with the same rental contract.
(3)
A dwelling or manufactured home used for short-term lodging shall comply with the following standards:
(a)
Be available for inspection by the County during reasonable hours and in accordance with Article II, Administration, of this chapter;
(b)
Comply with the requirements of the applicable version of the Virginia USBC[2] or Virginia Manufactured Home Safety Regulations, as determined by the Building Official;
[2]
Editor's Note: See Code of Virginia, § 36-97 et seq.
(c)
Have a working multipurpose fire extinguisher, smoke detectors and carbon monoxide detectors (when required for a fireplace or gas service);
(d)
Have a plan posted inside the door of each sleeping room showing the exit pathway from the sleeping room used for short-term lodging to the nearest exit from the dwelling or manufactured home; and
(e)
Have at least two designated off-street parking spaces available for lodgers which the operator has the authority to reserve for short-term lodging purposes.
(4)
Special events, as defined in Article XI, Definitions, of this chapter, are prohibited in association with short-term lodging uses.
§ 165-702.09 Temporary family health care structure.
A.
Permits.
(1)
No temporary family health care structure shall be installed without first obtaining a permit.
(2)
The permit holder shall provide the County with evidence of compliance on an annual basis as long as the temporary family health care structure remains on the property.
(3)
The Zoning Administrator may revoke the permit granted if the permit holder violates any provision of this Section or Code of Virginia, § 15.2-2292.1.
B.
Development standards.
(1)
Only one temporary family health care structure shall be placed on a lot or parcel of land. Such structures shall comply with all setback requirements that apply to the primary structure and with any maximum floor area ratio limitations that may apply to the primary structure.
(2)
Any temporary family health care structure shall be connected to the water, sewer, and electric utilities serving the primary residence on the property and shall comply with all applicable requirements of the Virginia Department of Health.
C.
General standards.
(1)
A temporary family health care structure shall be permitted for use by a caregiver in providing care for a mentally or physically impaired person on property owned or occupied by the caregiver as his residence as a permitted accessory use.
(a)
Outside agencies or persons not residing on the property may provide care for the mentally or physically impaired person residing in the structure.
(2)
No signage advertising or otherwise promoting the existence of the temporary family health care structure shall be permitted either on the exterior of the structure or elsewhere on the property.
(3)
Any temporary family health care structure installed pursuant to this section shall be removed within 60 days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance provided by the structure.
§ 165-703.01 Administrative review eligible project.
A.
Notwithstanding any other provision of this chapter, but subject to the requirements of this section, the following shall be permitted in all zoning districts:
(1)
Any small cell facility in accordance with Code of Virginia, § 15.2-2316.4;
(2)
Pursuant to Code of Virginia, §§ 15.2-2316.3 and 15.2-2316.4:1(A), any structure that is not more than 50 feet above ground level, provided that the structure with attached wireless facilities meets the following criteria; and
(a)
Not more than 10 feet above the tallest existing utility pole located within 500 feet of the structure within the same public right-of-way or within the existing line of utility poles;
(b)
Not located within the boundaries of a local, state, or federal historic district; and
(c)
Designed to support small cell facilities.
(3)
Pursuant to Code of Virginia §§ 15.2-2316.3 and 15.2-2316.4:1(A), co-location of a wireless facility on the existing structure of a wireless facility that is not a small cell facility.
B.
Pursuant to Code of Virginia, § 15.2-2316.4(B)(2), any person seeking to install a facility or structure identified in A. of this section shall make application to the Zoning Administrator. The application shall be subject to consideration as follows:
(1)
Within 10 days after receipt of an application and a valid electronic mail address for the applicant, the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete.
(2)
In accordance with Code of Virginia, § 15.2-2316.4(B)(1), the Zoning Administrator shall approve or disapprove the application within 60 days of receipt of the complete application.
(a)
The 60-day period may be extended by the Zoning Administrator, in writing, for a period not to exceed an additional 30 days.
(b)
The application shall be deemed approved if the Zoning Administrator fails to act within the initial 60 days or an extended 30-day period.
(c)
Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval.
(3)
In accordance with Code of Virginia, § 15.2-2316.4(B)(4), the Zoning Administrator shall only deny approval for the facility or structure on account of:
(a)
Material potential interference with other preexisting communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities; or
(b)
The public safety or other critical public service needs.
(c)
Otherwise, administrative approval of the facility or structure shall be granted.
C.
In accordance with Code of Virginia, § 15.2-2316.4(B)(5), the applicant may voluntarily submit, and the Zoning Administrator may accept, conditions that address potential visual or aesthetic effects resulting from the placement, pursuant to this section, of a facility or structure.
§ 165-703.02 Campgrounds; lodges and resorts.
A.
Minimum lot size. The minimum lot size for a campground shall be five acres.
B.
Density. The maximum allowed density for a campground shall be 10 campsites or cabins per acre.
C.
Perimeter setbacks. The perimeter setback from the boundary of the campground for all structures and campsites shall be 100 feet.
D.
Permanent residences. No more than one permanent residence shall be allowed in a campground, which shall only be occupied by the owner, manager or an employee.
E.
Buffers and screens. Where campgrounds are permitted, a Category "C" zoning district separation buffer and screen, as described by Article VIII, Part 802, of this chapter, shall be provided in relation to surrounding properties containing residential uses.
F.
Health and safety. Campgrounds shall meet all applicable requirements of the Virginia Department of Health (VDH).
§ 165-703.03 Frederick County sanitary landfill.
A.
General.
(1)
Sanitary landfills shall be permitted only where specifically allowed by Article VI, Use Matrix, of this chapter.
(2)
Sanitary landfills shall meet all requirements of the Frederick County Code and applicable state and federal regulations.
(3)
Where allowed, landfills shall be completely screened from the view of surrounding roads and properties by fences, walls, screens or other methods.
B.
Landfills.
(1)
A minimum buffer of 600 feet shall be maintained on parcels containing a landfill adjacent to properties containing residences or properties zoned RP, MH1, R4, or R5.
(a)
Such buffers shall be along the boundary of the property adjacent to the properties so zoned or containing the residences.
(b)
In addition, the Board of Supervisors may require landscape screening or full screening in the buffer as described Article VIII, Part 802, of this chapter.
(2)
If a residential development is established adjacent to an existing landfill, a Category "C" buffer as described in Article VIII, Part 802, of this chapter, shall be placed on the land containing the residential development.
(a)
In no case shall residences be placed within 600 feet of a landfill.
§ 165-703.04 Humanitarian aid organizational office.
A.
Humanitarian aid organizational offices located in the RA Zoning District shall be subject to the following requirements:
(1)
A Category "B" zoning district buffer and screen, as described by Article VIII, Part 802, of this chapter, shall be provided in relation to surrounding properties containing residential uses.
(2)
Maximum building square footage shall not exceed 15,000 square feet, or a FAR of 0.3, whichever is less.
(3)
All signs shall conform with the cottage occupation sign requirements in Article VIII, Part 809, of this chapter.
(4)
No marketing of merchandise shall occur from this property.
§ 165-703.05 Nationally chartered fraternal lodges or civic clubs, social centers, and their related club facilities.
A.
Development standards.
(1)
Prior to the establishment of the use, a site plan shall be submitted to and approved by Frederick County in accordance with Article III, Permits and Applications, of this chapter.
B.
General standards.
(1)
All principal activities shall take place entirely within an enclosed structure.
(2)
All outdoor facilities shall be incidental to the principal facility or activity.
(3)
All facilities or activities shall be erected or conducted at least 30 feet from any residential district or area within other districts which are predominantly residential in nature.
§ 165-703.06 Public administration and government support buildings, including fire stations, companies, and rescue squads.
A.
Government services office located in the RA District shall be subject to the following requirements:
(1)
Government services office uses shall be located within the Frederick County Sewer and Water Service Area (SWSA) and served by public water and sewer.
(2)
The improvements identified as necessary to achieve, or maintain, a minimum Level of Service (LOS) C shall be constructed in conjunction with the facilities.
(3)
The use and site shall adhere to B2 Zoning District dimensional standards, as established in Article IV, Part 406, of this chapter.
§ 165-703.07 Public utilities, transmission and distribution facilities; public utilities, power-generating facilities.
A.
Development standards. Lot requirements for lots used by political subdivisions, municipal corporations, the Virginia Department of Transportation (VDOT), the Frederick-Winchester Service Authority, or Frederick Water for public utility purposes shall be as follows:
(1)
In all zoning districts, the Zoning Administrator shall have the authority to determine the minimum lot size necessary for such public utilities and the appropriate setbacks for such lots used for public utility purposes.
(2)
Such lots shall be exempt from the individual on-site sewage disposal system requirements.
(3)
Such lots may be accessed by private access easements at least 15 feet wide.
(4)
If a buffer requirement is imposed by this chapter, the Zoning Administrator shall have the authority to modify the buffer standard if the adjoining property does not contain residential uses.
B.
Transmission voltage electrical substations. The following shall apply to transmission voltage electrical substations in the RA Zoning District:
(1)
A modified Category C Type full screen buffer is required around the perimeter of the facility. The following enhanced landscaping and screening requirements apply:
(a)
A minimum eight-foot-tall berm shall be provided.
(b)
Deciduous trees shall be a minimum of 1.5-inch caliper, and a minimum of six feet tall, at the time of planting.
(c)
Evergreen trees shall be a minimum of six feet in height at the time of planting.
(d)
Shrubs shall be a minimum of 36 inches in height at time of planting.
(e)
All other landscaping requirements, not modified above and contained in Article VIII, Community Development Standards, Part 802, of this chapter, shall apply.
C.
Distribution voltage electrical substations. The following shall apply to distribution voltage electrical substations in the RA Zoning District:
(1)
A Category B Type full screen buffer satisfying the requirements of § 165-802.08 of this chapter is required around the perimeter of the facility.
(a)
Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements, provided it also complies with § 165-810.01A(2) and (3)(a) of this chapter.
D.
Sewage treatment facilities.
(1)
Sewage treatment facilities serving three or more dwellings, lots, or uses shall only be permitted if dedicated to a public authority or agency.
(a)
Sewage treatment facilities serving primary or accessory agricultural uses shall be exempt from this requirement.
(2)
Residential separation. In no case shall residences be placed within 600 feet of a sewage treatment facility.
(3)
Landscaping and screening.
(a)
A minimum buffer of 600 feet shall be maintained on parcels containing sewage treatment facilities adjacent to properties containing residences or properties zoned RP, MH1, R4, or R5.
(b)
Required buffers shall be located along the boundary of the property adjacent to the properties so zoned or containing the residences.
(c)
If a residential development is established adjacent to an existing sewage treatment facility, a Category "C" buffer as described by Article VIII, Part 802, of this chapter shall be placed on the land containing the residential development.
[1]
The Board of Supervisors may otherwise require landscape screening or full screening in the buffer as described by Article VIII, Part 802, of this chapter.
§ 165-703.08 Telecommunications towers and facilities.
A.
Definitions. The terms used in this section shall have the same meanings as set out in Code of Virginia, § 15.2-2316.3, unless the context requires a different meaning.
B.
Standard process projects.
(1)
Except as provided in § 165-703.01 of this article, no wireless facility or wireless support structure shall be sited, constructed, or operated except pursuant to a Conditional Use Permit (CUP) issued pursuant to Article III, Permits and Applications, of this chapter.
(2)
The issuance of a CUP for the siting, construction, and operation of a wireless facility is permitted within the zoning districts specified in Article VI, Use Matrix, of this chapter, provided that the wireless facility aligns with the requirements of Code of Virginia, § 15.2-2232(A).
(3)
Application and review process.
(a)
Any person seeking to install a facility or structure pursuant to this subsection shall make application in accordance with Article III, Permits and Applications, of this chapter.
(b)
Pursuant to Code of Virginia, § 15.2-2316.4:1.C.1., the Zoning Administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information within 10 days after receipt of an application and a valid mail address for the applicant; otherwise, the application shall be deemed complete.
(c)
Pursuant to the Code of Virginia, § 15.2-2316.4:2(D), the application shall include the information below, in addition to all applicable requirements of Article III, Permits and Applications, of this chapter:
[1]
A map depicting the search area used in siting the proposed facility or structure pursuant to Code of Virginia;
[2]
Identification of all service providers and commercial telecommunications facility infrastructure within the search area;
[3]
Confirmation that attempts to co-locate on existing structures have been made and, if such attempts were unsuccessful, the reasons so;
[4]
Documentation issued by the Federal Communications Commission indicating that the proposed facility is in compliance with the Federal Communications Commission's established ANSI/IEEE standards for electromagnetic field levels and radio frequency radiation; and
[5]
An affidavit signed by the landowner and by the owner of the facility or structure stating that they are aware that either or both of them may be held responsible for the removal of the facility or structure as stated in Subsection E, below.
[6]
The applicant may voluntarily submit, and the Board of Supervisors may accept, conditions that address potential visual or aesthetic effects resulting from the placement of the facility or structure.
(4)
Approval or denial.
(a)
The Board of Supervisors shall approve or disapprove the application within 150 days of receipt of the complete application by the Zoning Administrator or such shorter period as required by federal law, unless the applicant and the Board of Supervisors agree to a longer period for approval or disapproval of the application.
(b)
If the Board of Supervisors grants a CUP, the following standards shall then apply to any property on which a wireless facility or wireless support structure is sited, in order to promote orderly development and mitigate the negative impacts to adjoining properties, residential properties, land use patterns, scenic areas, and properties of significant historic value:
[1]
The Board may reduce the required setback distance for the wireless facility or wireless support structure as required by Article IV, Primary Zoning Districts, of this chapter, if the applicant submits sufficient documentation, certified by a registered Virginia professional engineer, that, in the event of a collapse of the wireless facility or wireless support structure, the collapsed wireless facility or wireless support structure will be contained in a fall zone that does not extend into the area of the proposed reduced setback, measured from the center line of the base of the wireless facility or wireless support structure.
[a]
The setback distance shall not be reduced to less than half the distance of the height of the wireless facility or wireless support structure if the adjoining property is zoned for residential use or if the principal use of the adjoining property is a residence.
[2]
Monopole-type construction shall be required for any new wireless facility or wireless support structure. The Board may allow lattice-type construction when existing or planned residential areas will not be impacted and when the site is not adjacent to identified historic resources.
[3]
No more than two signs shall be permitted on any wireless facility or wireless support structure. Such signs shall be limited to 1.5 square feet in area and shall be posted no higher than 10 feet above grade.
[4]
When lighting is required for a wireless facility or wireless support structure, dual lighting shall be utilized which provides daytime white strobe lighting and nighttime red pulsating lighting unless otherwise mandated by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC). Strobe lighting shall be shielded from ground view to mitigate illumination to neighboring properties. Equipment buildings and other accessory structures operated in conjunction with the wireless facility or wireless support structure shall utilize infrared lighting and motion-detector lighting to prevent continuous illumination.
[5]
Every wireless facility and wireless support structure shall be constructed with materials of a galvanized finish or be of a noncontrasting blue or gray unless otherwise mandated by the FAA or FCC.
[6]
Every wireless facility and wireless support structure shall be adequately enclosed to prevent access by persons other than employees of the service provider. Appropriate landscaping and opaque screening shall be provided to ensure that equipment buildings and other accessory structures are not visible from adjoining properties, roads, or other rights-of-way (ROWs).
[7]
The entirety of Subsection B(4)(b) above is based on current § 165-703.01 of this article.
(c)
If the Board of Supervisors denies a CUP under this subsection, the Board shall provide the following in accordance with Code of Virginia, § 15.2-2316.4:1:
[1]
Provide applicant with a written statement of the reasons for the denial;
[2]
Identify any modifications of which the County is aware that would permit it to approve the CUP; and
[3]
Have supporting substantial record evidence in a written record publicly released within 30 days of denial.
C.
Pursuant to the Code of Virginia, § 15.2-2316.4:3(A), maintenance of existing facilities and/or structures and replacement of existing facilities and/or structures within a six-foot perimeter with substantially similar or same size or smaller facilities and/or structures are exempt from fees and permitting requirements.
D.
Pursuant to Code of Virginia, § 15.2-2316.4:3(B), nothing in this section shall prohibit a locality from limiting the number of new structures or the number of wireless facilities that can be installed in a specific location.
E.
Pursuant to the Code of Virginia, § 15.2-2316.4(B)(6), any facility or structure permitted by this section that is not operated or used for a continuous period of 12 months shall be considered abandoned, and the owner of such facility or structure shall remove same within 90 days of receipt of notice from the Frederick County Department of Planning and Development.
(1)
If the facility or structure is not removed within the 90-day period, the County may remove the facility and a lien may be placed to recover expenses.
§ 165-703.09 Utility-scale solar power generating facilities.
A.
Prior to the establishment of a utility-scale solar power-generating facility, a site plan shall be submitted to and approved by Frederick County in accordance with Article III, Permits and Applications, of this chapter.
B.
The initial approval of a CUP in accordance with Article III, Permits and Applications, for a utility-scale solar power generating facility shall provide the landowner or developer with a minimum of three years to commence the project.
(1)
Applications for minor modifications to the CUP do not constitute a waiver of the provisions and do not extend the period of validity.
C.
Siting agreement. Any applicant for a utility-scale solar generating facility shall provide notice of intent to enter into a siting agreement with Frederick County in accordance with Code of Virginia, § 15.2-2316.7.
(1)
The approval of a siting agreement in accordance with Code of Virginia, § 15.2-2316.8.B, shall deem the utility-scale solar generating facility to be substantially in accord with the Comprehensive Plan, thereby satisfying the requirements of Code of Virginia, § 15.2-2232.
(2)
The failure of an applicant and the Board of Supervisors to enter into a siting agreement may be a factor in the Board's decision in the consideration of any land use approvals for a solar project, but shall not be the sole reason for a denial of such land use approval.
(3)
The effect of such siting agreement shall be as established in Code of Virginia, § 15.2-2316.9.
D.
Decommissioning. Any owner, lessee, or developer of real property for the purposes of solar power energy generation shall enter into a written agreement, prior to site plan approval, with Frederick County to decommission solar energy equipment, facilities, or devices pursuant to the terms and conditions of Code of Virginia, § 15.2-2241.2(B).
§ 165-704.01 Adult retail.
A.
Adult retail uses shall comply with the minimum requirements of this chapter, any conditions imposed by the Board of Supervisors, and the following minimum conditions:
(1)
Adult retail uses shall be located at least 2,500 feet from the property line of the following uses:
(a)
Existing adult retail uses;
(b)
Schools;
(c)
Churches and places of worship;
(d)
Parks;
(e)
Day-care facilities; and
(f)
Residential uses and districts.
(2)
Adult retail uses shall not be permitted in shopping centers and/or multitenant buildings.
(3)
All merchandise display areas shall be limited to enclosed structures and shall not be visible from the outside.
(4)
Business signs shall not exceed a maximum of 25 square feet. Wall-mounted signs and window displays are prohibited.
(5)
Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m.
§ 165-704.02 Automotive oil change and lubrication shops; building materials, hardware, garden supply, and retail nurseries; general automotive, motorcycle and truck repair, services and parking.
A.
Location.
(1)
All repair shall take place entirely within an enclosed structure.
(2)
Inoperable motor vehicles must be stored within a totally enclosed building or screened on all sides by a six-foot opaque element such as a fence, wall or berm.
B.
Screening. All exterior storage of parts and equipment shall be screened from view of surrounding properties by an opaque fence or screen at least six feet in height. This fence or screen shall be adequately maintained.
(1)
Chain-link fencing with double-walled winged slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements when the adjoining properties are in the B-2, B-3, M-1, M-2, TM, EM, or MS Districts, or other zoning districts where the proposed use is also allowed.
(a)
An equivalent slat type may be approved by the Zoning Administrator.
C.
Sales. In the RA, M1, M2, and TM Zoning Districts, the sale of automobiles shall not be permitted as an accessory or secondary use to any automotive repair shop.
§ 165-704.03 Boat repair shop.
A.
All boat repair uses shall meet the following requirements:
(1)
All repair activities shall take place entirely within an enclosed structure.
(2)
All exterior storage of parts, equipment, and boats shall be screened from view of surrounding properties by an opaque fence or screen a minimum of six feet in height.
(a)
This fence or screen shall be adequately maintained.
(3)
In the RA, M1, and M2 Zoning Districts, the sale or resale of boats shall not be permitted as an accessory or secondary use to a boat repair shop.
§ 165-704.04 Car washes.
A.
Car washes in the B-1 and B-2 Zoning Districts that are adjacent to RA with residential dwellings, RP, R-4, R-5, MS (Medical Support with Residential Component), or MH-1 zoned properties shall have an operator on-site during all hours of operation.
(1)
Hours of operation for car washes in such districts shall be limited to the following:
Table VII-1: Car Wash Hours of Operation | |
|---|---|
Days | Hours |
Monday through Friday | 7:00 a.m. to 9:00 p.m. |
Saturday | 8:00 a.m. to 9:00 p.m. |
Sunday | 12:00 noon to 6:00 p.m. |
§ 165-704.05 Commercial recreation; indoors or outdoors.
A.
Commercial indoor recreation located in the M1 and TM Zoning Districts shall be subject to the following requirements:
(1)
Parking areas for recreation facilities shall be designated to enhance the safety of patrons as they arrive at and leave the facility.
(2)
Adequate parking shall be provided on site or through a shared parking agreement per Article VIII, Part 804, of this chapter.
(3)
Establishments shall include a designated pickup and delivery area for all patrons in such a way that provides safe and clearly designated access to enter or exit the facility.
B.
Commercial batting cages. Commercial batting cages located in the B2 Zoning District shall meet the following requirements:
(1)
Outdoor batting cage operations may be developed as standalone facilities or may be located in conjunction with other permitted uses in the B2 Zoning District.
(2)
Outdoor batting cage operations shall be constructed to meet the standards for rectangular cage systems and radial cage systems.
(a)
Monopole cage systems shall not be permitted.
(b)
Stock pipe utilized to support the outdoor batting cage net system shall not exceed 25 feet in height.
(3)
Outdoor batting cage systems shall be developed within an area not to exceed 15,000 square feet.
(a)
The perimeter of the outdoor batting cage facility shall be enclosed with an eight-foot-high chain-link fence.
(4)
Lighting fixtures for outdoor batting cage operations shall be engineered to reflect downward and shall not reflect light onto adjoining uses, properties, and road ROWs.
§ 165-704.06 Commercial shooting and archery ranges, indoor or outdoor.
A.
Permits. Outdoor shooting and archery ranges shall be allowed only with an approved CUP in accordance with Article III, Permits and Applications, of this chapter.
B.
Distance to residences.
(1)
In no case shall a shooting range be located within 1,000 feet of any residence.
(2)
In no case shall an archery range be located within 300 feet of any residence.
C.
Landscaping and screening. Where outdoor shooting and archery ranges are allowed, a "Category C" zoning district separation buffer, as described by Article VIII, Part 802, of this chapter, shall be provided in relation to surrounding properties containing residential uses.
D.
Supervision. All outdoor shooting and archery ranges shall be supervised at all times by qualified personnel.
§ 165-704.07 Country general store without fuel sales.
A.
Country general stores located in the RA Zoning District shall meet the following requirements:
(1)
The use shall adhere to the B2 Zoning District dimensional standards established in Article IV, Part 406, of this chapter.
(2)
A country general store may not exceed 3,500 square feet of gross retail floor area.
(a)
Country general stores proposing a square footage in excess of 3,500 square feet or with fuel sales shall be located within or adjacent to a designated rural community center, as defined in the Comprehensive Plan, and/or require a rezoning to a business district.
(3)
Country general stores may not include accessory fuel sales.
(4)
A Site Plan shall be submitted to and approved by Frederick County prior to the establishment of the use in accordance with Article III, Permits and Applications, of this chapter.
(5)
All new buildings require building permits reviewed and approved by the Building Official. Existing buildings should conform to the requirements under Article IX, Nonconformities, of this chapter.
(6)
Any expansion of an approved country general store shall require the approval of a new CUP in accordance with Article III, Permits and Applications, of this chapter.
§ 165-704.08 Flea markets, operated indoors or outdoors.
A.
Flea markets in the RA Zoning District shall meet the following requirements:
(1)
A Site Plan in accordance with the requirements of Article III, Permits and Applications, shall be submitted to and approved by Frederick County.
(a)
The site plan shall delineate all vendor spaces in addition to all required parking spaces.
(2)
Size of use. Property size shall be a minimum of six acres and a maximum of 15 acres.
(3)
Location. Flea markets may be located indoors or outdoors.
(4)
Operation. Flea markets shall only be permitted to operate Friday through Sunday and on holidays.
(5)
Display of products. All items displayed for sale shall be located within designated vendor spaces.
(6)
Parking and access.
(a)
All parking spaces and travel aisles shall be graveled.
(b)
The Board of Supervisors may require through the CUP process that all travel aisles and/or parking spaces be paved with a minimum double prime and seal or alternative dust-free surface.
(c)
The site must have direct frontage and access to a collector or arterial roadway.
[1]
All entrances shall conform to VDOT standards.
(7)
Landscaping and screening.
(a)
A "Category B" zoning district buffer as described in Article VIII, Part 802, of this chapter, shall be required along any adjacent parcel:
[1]
Six acres in size or less that is used for residential purposes; and
[2]
Where a dwelling is located 50 feet or less from the proposed flea market property.
(b)
When adjacent to property primarily used for purposes other than residential, fencing (wire type, nonopaque) shall be provided along the property line.
§ 165-704.09 Flex-tech.
A.
Intent. The intent of this section is to ensure that flex-tech development shall be designed for safe, efficient traffic flow and to complement its surroundings.
B.
Applicability. These standards shall apply to any property in which flex-tech developments are located, in order to promote economic development and mitigate any negative impacts to adjoining properties.
C.
Permitted uses. All uses allowed in the B2, B3, M1, and TM Districts will be permitted in a flex-tech development.
(1)
Primary use. The primary use shall be a use permitted by the zoning district in which the development is located.
(a)
The primary use shall occupy a minimum of 75% of an establishment, measured in gross floor area of the unit.
(2)
Accessory use. The accessory use shall be a use permitted in flex-tech but not necessarily in the district in which the development is located.
D.
The flex-tech development shall only be permitted within approved master planned developments. The approved master plan shall indicate location of the flex-tech development.
E.
All flex-tech developments shall adhere to an approved Site Plan that complies with the requirements set forth in this chapter, including the following design standards:
(1)
Individual unit size dimensional requirements.
(a)
Maximum unit sizes shall be 20,000 square feet.
(2)
Site layout requirements.
(a)
Loading bays.
[1]
All loading bays shall be located so that they are not visible from road ROWs. All loading bays shall be screened from view by the building, landscaping, walls or decorative fencing.
[2]
Except during the process of loading or unloading, trucks and trailers shall not be parked outside the building, unless parked in screened areas not visible from adjacent road ROWs or properties.
[3]
The Zoning Administrator may waive any and all of the loading bay location and screening requirements when a site is bordered by two or more road ROWs.
[4]
In no case shall a loading bay be visible from an arterial or collector road.
(b)
Building separation. Minimum on-site building separation shall be as follows:
[1]
Front yard: 30 feet.
[2]
Side yard: 30 feet.
[3]
Rear yard: 120 feet.
(c)
Entrances onto the site shall clearly separate automobile traffic from truck traffic. Automobile parking and truck loading areas shall be clearly separated.
(d)
Parking areas shall be designed to accommodate the most intensive use of the structures. Parking may be constructed in phases to reflect required parking for the actual occupying uses, as determined by the application for a certificate of occupancy and/or change of use permit.
(e)
All uses shall be conducted entirely within enclosed structures.
§ 165-704.10 Food and beverage retailers.
A.
B3 Zoning District requirements.
(1)
Maximum building square footage used for retail sales of grocery or food products shall not exceed 10,000 square feet.
(a)
The 10,000 square feet shall not include area used for storage warehousing of products.
B.
B1 Zoning District requirements.
(1)
Maximum building square footage used for retail sales of grocery or food products shall not exceed 15,000 square feet.
§ 165-704.11 Food services, restaurants and other eating places.
A.
Restaurants located in the B1 Zoning District shall meet the following requirements:
(1)
Drive-through window service is prohibited.
(2)
Restaurants shall only be permitted within a shopping center containing at least three other business units.
(a)
Restaurants shall not exceed 35% of the total floor area within a shopping center.
(3)
Restaurants without drive-through facilities located in the RA Zoning District shall meet the following requirements:
(a)
Restaurants shall have an approved drainfield; alternative waste systems, including pump and hauls, are prohibited.
§ 165-704.12 Hardware, plumbing, and heating equipment and supplies merchant wholesalers.
A.
Electrical hardware, plumbing, and heating equipment business located in the B2 Zoning District shall be subject to the following requirements:
(1)
Establishments primarily engaged in these businesses shall not exceed 8,000 square feet of total floor area.
(2)
Only 25% of the total floor area within a shopping center shall contain such businesses.
(3)
Outdoor storage and fabrication and/or manufacturing facilities shall be prohibited.
§ 165-704.13 Kennels.
A.
Where allowed separately or as a part of a veterinary clinic or hospital, kennels shall meet the following requirements:
(1)
All dogs shall be confined to secure pens or structures.
(2)
A "Category C" zoning district buffer, as described by Article VIII, Part 802, of this chapter, shall be provided in relation to all surrounding properties containing residential uses.
§ 165-704.14 Motor vehicle and parts dealers.
The Zoning Administrator may approve alternative parking space size, space demarcation, aisle dimensions, and parking islands for areas used for the display or storage of vehicles for sale by a vehicle dealer.
§ 165-704.15 Offices and clinics of doctors of medicine, dentists, and other health practitioners.
A.
Doctors of medicine, dentists and other health practitioners in the RP and RA Districts shall be subject to the following requirements:
(1)
The use shall adhere to B2 Zoning District dimensional standards established in Article IV, Part 406, of this chapter.
(a)
Buffers and screening are excluded from these requirements and shall be determined by the Zoning Administrator.
(2)
The use must front on and be accessed via a collector or arterial roadway.
(3)
The primary use of the structure shall be the doctor's office.
(4)
The use shall not be located within a residential development/subdivision.
§ 165-704.16 Retail stores (drug, health, and personal care).
A.
Retail stores (drug, health, and personal care) located in the B1 Zoning District shall meet the following requirements:
(1)
Size of use. Maximum building square footage used for retail sales shall not exceed 15,000 square feet.
§ 165-704.17 Special event facility.
A.
Any special events facility shall be subject to the following requirements:
(1)
Review.
(a)
An illustrative sketch plan in accordance with the requirements of Article III, Permits and Applications, shall be submitted with the CUP application.
[1]
This plan shall identify access for the facility, the location of all parking areas, the location and square footage for all structure(s) to be used, and the location of sewage disposal facilities.
(b)
All structures associated with a special events facility shall require review and approval by the Building Official.
(2)
Parking.
(a)
Private entrances, driveways, and all travel ways accessing the required off-street parking areas shall be provided with a gravel surface or an approved equivalent.
(b)
Adequate area for off-street parking on stable ground shall be provided for the special events center.
(c)
Parking areas shall be maintained regularly, free of mud, and stabilized with vegetation. Tracking of mud and debris onto roadways is not permitted.
(d)
Parking related to or required for other approved businesses or business activity on the property shall meet the requirements of Article VIII, Community Development Standards, for off-street parking and parking lots.
(e)
At no time shall the parking of vehicles obstruct vehicular traffic or impede access to emergency services.
(f)
Accessible parking shall be provided as required by the Virginia USBC.[1]
[1]
Editor's Note: See Code of Virginia, § 36-97 et seq.
(g)
The Board of Supervisors may require through the CUP process that all travel aisles and/or parking spaces be graveled, paved with a minimum double prime and seal, or alternative surface.
(h)
Additional requirements may be required as determined by the Frederick County Fire Marshal to maintain fire department apparatus access.
(3)
General standards.
(a)
Portable toilets shall be permitted for special event facilities, provided that they are screened from all adjoining properties and roads by topography, structures or new or existing landscaping.
(b)
Special events facilities that share a private access easement with another property owner(s) must show the easement allows a use of this type or written permission must be obtained by the sharing parties.
§ 165-704.18 Welding repair.
A.
Development standards.
(1)
A Site Plan in accordance with the requirements of Article III, Permits and Applications, shall be submitted to and approved by Frederick County.
(2)
Total building area shall not exceed 7,500 square feet.
B.
General standards.
(1)
Hours of operation shall not exceed 7:00 a.m. through 7:00 p.m., Monday through Saturday.
(2)
All outdoor storage or repair areas shall be screened by a six-foot board-on-board fence, evergreen screen or berm.
(3)
The Board of Supervisors may require buffer and screening elements and/or distance when deemed necessary to protect existing adjacent uses.
§ 165-705.01 Computing infrastructure providers, data processing, and data centers.
A.
All data centers must meet the following requirements:
(1)
Prior to the approval of a rezoning application or CUP, the following shall be provided:
(a)
A site assessment to examine the sound profile of the data center on residential units and schools located within 500 feet of the data center property boundary in accordance with Subsection A(5), below;
(b)
A site assessment evaluating the effect of the proposed facility on the below; and
[1]
Ground and surface water resources;
[2]
Agricultural resources;
[3]
Parks;
[4]
Registered Historic Sites; and
[5]
Forestland on the data center site or immediately contiguous land.
(c)
Details of any new or existing substations that will be used to serve the data center and the anticipated transmission voltage required to serve the data center.
(2)
Generator testing and cycling shall be limited to weekdays (Monday to Friday) between the hours of 8:00 a.m. to 5:00 p.m.
(a)
Notwithstanding the foregoing, all noise generated by any on-site generator shall comply with Article VIII, Part 801, of this chapter.
(3)
Mechanical equipment.
(a)
Ground-mounted mechanical equipment shall be prohibited in the primary setback.
(b)
Ground-mounted and rooftop mechanical equipment shall be screened from public roadways and adjoining properties on all sides.
[1]
Generators. All generators shall be enclosed with a manufacturer-approved enclosure or located within the primary structure.
[2]
Other mechanical equipment. An opaque screen shall be provided by either the principal building, louvered wall, or equivalent screen approved by the Zoning Administrator.
[a]
The maximum height of the opaque screen should correspond to the tallest piece of equipment being shielded from view.
(4)
Setback and screening requirements.
(a)
Structures must be set back at least 200 feet from the common property line when adjoining land is zoned RA, RP, R4, R5, or MH1. Otherwise, the base zoning district dimensional standards shall apply in accordance with Article IV, Primary Zoning Districts.
(b)
A "Category C" zoning district buffer as described in Article VIII, Part 802, of this chapter, shall be provided around the perimeter of the property.
[1]
If the adjoining property is zoned B3, TM, M1, or M2, no buffer is required.
(5)
Noise and noise monitoring.
(a)
The applicant shall submit an Environmental Noise Impact Assessment prepared by a qualified full member of the Acoustical Society of America (ASA), a member of the Institute of Noise Control Engineering (INCE), or a member of the National Association of Acoustical Consultants (NCAC). The purpose of such noise impact assessment, modeled in SoundPLAN, CadnaA®, or accepted equivalent, shall model anticipated noise levels as a result of facility operation and establish a baseline noise level prior to approval of a rezoning or CUP.
(b)
A noise study certifying noise levels shall be conducted 12 months after the issuance of the first certificate of occupancy (CO) and every five years thereafter. Each noise study shall be submitted for review to the Zoning Administrator and/or his/her designee to assess the actual impact of the completed project.
[1]
The measurement of sound or noise pursuant to this section shall be as follows:
[a]
The measurement of sound or noise shall be made with a Type 1 or Type 2 sound level meter which meet the standards prescribed in ANSI S1.4:2014, Specification for Sound Level Meters. The instruments shall be maintained in calibration and good working order. A minimum of three sound level readings shall be taken. The average of these readings will be used as the average sound level. If the background noise is equal to the levels set forth in this section, three dB shall be subtracted out of the average sound level.
[b]
The slow meter response of the sound level meter shall be used to determine that the average amplitude has not exceeded the dBA readings or the limiting noise spectra set forth in this section.
[c]
Unless otherwise specified, the measurement shall be taken at the property boundary on which such noise is generated.
[2]
Any additions, alterations, or expansion of a facility or its equipment shall require a new noise impact assessment to be submitted and approved by the Zoning Administrator.
[3]
If the post construction noise study exceeds the maximum noise level permitted, additional noise mitigation strategies, improvements, or operational changes shall be required.
(c)
Any equipment necessary for cooling, ventilating, or otherwise operating the facility, including power generators or other power supply equipment on the property, whether ground-mounted or roof-mounted, shall include the following noise-mitigation elements:
[1]
Low-noise emission fans.
[2]
Acoustic wraps for compressors and oil separators.
[3]
An acoustic perimeter, which may include a perimeter around a group of individual chillers, which may be louvered or solid.
[4]
Other sound-attenuation measures as approved by the Zoning Administrator.
(d)
The owner shall provide documentation in the form of technical specifications, photographs, and/or engineered plans, of the above mitigation measures contained in Subsection A(5)(c), above, with each building permit for a data center building on the property and shall further provide documentation that such measures have been installed concurrently with each occupancy.
§ 165-705.02 Junkyards and auto merchant wholesalers.
A.
General.
(1)
Junkyards, automobile graveyards, dumping and trash heaps shall be permitted only where specifically allowed by Article VI, Use Matrix, of this chapter.
(2)
Such uses shall meet all applicable local, state, and federal regulations.
(3)
Junkyards and auto merchant wholesalers shall be completely screened from the view of surrounding roads and properties by fences, walls, screens, or other methods.
B.
Junkyards.
(1)
No junkyards shall hereafter be established if any portion is located within 1,000 feet of the nearest edge of the ROW of any interstate or United States highway, or within 500 feet of the nearest edge of the ROW of any Commonwealth of Virginia highway, except as follows:
(a)
Junkyards which are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the highway or street or otherwise removed from sight.
(b)
Junkyards which are not visible from the main traveled way of the highway.
§ 165-705.03 Oil and natural gas exploration.
A.
All applicable federal, state, and local regulations shall be met.
B.
A site plan shall be reviewed and approved meeting all requirements of the Frederick County Code.
C.
Refining is prohibited in the EM Zoning District.
§ 165-705.04 Sand, shale, and clay mining.
A.
All mining operations shall:
(1)
Be above the mean existing grade level of a parcel;
(2)
Meet all applicable state and federal requirements; and
(3)
Adhere to the EM Zoning District dimensional standards established in Article IV, Part 407, of this chapter.
§ 165-705.05 Self-service storage facilities.
A.
Self-service storage facility operations shall be permitted as a primary or accessory use in all zoning districts in which they are permitted.
B.
Development standards.
(1)
Buildings that provide interior and exterior accessible units are permitted.
(2)
Individual units within the self-service storage building shall not exceed 1,000 square feet in area.
(3)
Minimum building spacing shall be 30 feet apart. Loading areas shall be delineated to ensure that adequate travel aisles are maintained between buildings.
C.
General standards.
(1)
All parking areas, travel aisles, and maneuvering areas associated with the self-service storage facility operations shall be paved with asphalt, concrete or similar material to provide a durable hard surface.
(2)
Recreational vehicles and boats shall be permitted to be stored within completely enclosed areas of the self-service storage facility, provided that the storage area is depicted on the approved site plan and is separate from the parking areas and travel aisles.
(a)
Areas utilized for this purpose shall be exempt from the surface requirements specified under Subsection B(1) of this section.
(3)
Self-service storage facility operations shall be designed to accommodate the storage of residential, commercial and industrial items, excluding hazardous, toxic and explosive materials.
(4)
Any use, sale, repair or activity other than storage is prohibited.
(5)
A copy of the lease agreement which describes the requirements of this subsection shall be approved in conjunction with the site plan for the self-service storage facility operation.
D.
Landscaping and screening.
(1)
Facilities located in the B2 Zoning District shall have all overhead doors and loading areas completely screened by a double row of evergreen trees that are staggered and planted a maximum of 12 feet off center and are a minimum of four feet in height when planted.
(2)
Facilities located in the B3 or M1 Zoning Districts shall be required to landscape the yard area adjacent to public streets and residences to provide for a double row of evergreen trees that are staggered and planted a maximum of 12 feet off center. The side and rear yards shall be planted with a single row of evergreen or deciduous trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of four feet in height at the time of planting.
(3)
Facilities located on parcels that are within a master planned industrial park or office park shall be required to landscape the perimeter of the facility with a single row of evergreen trees that are planted a maximum of 40 feet off center. All trees shall be a minimum of four feet in height at the time of planting.
(4)
The installation of an opaque wall or fence that is a minimum of six feet in height may substitute for required landscaped areas in all zoning districts.
(5)
A solid building wall, free of windows or doors, is not required to be screened.
(6)
Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements when the adjoining properties are in the B2, B3, M1, M2, TM, EM, MS zoning districts, or other zoning districts where the proposed use is also allowed.
§ 165-705.06 Tractor truck and tractor truck trailer parking.
A.
General standards.
(1)
No facility shall be located adjacent to residential uses.
(2)
All areas utilized for the parking of tractor trucks and the storage of trailers shall utilize a gravel or paved surface.
(a)
All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud, gravel, or the like is not distributed onto roadways.
(3)
The following activities shall be prohibited at such facilities:
(a)
Fuel sales;
(b)
Maintenance of trucks and trailers; and
(c)
The parking or storage of inoperable tractor trucks, damaged/salvage trailers, or unlicensed trailers.
(4)
Facilities shall be required to landscape the yard area within the front setback to provide for a double row of evergreen trees that are staggered and planted a maximum of 12 feet on center. The side and rear yards shall be planted with a single row of evergreen trees that are planted a maximum of 40 feet on center.
(a)
All trees shall be a minimum of four feet in height at the time of planting.
(b)
The Board of Supervisors may allow for alternative landscaping based on topography and/or adjacent land uses.
(5)
A Site Plan in accordance with the requirements of Article III, Permits and Applications, of this chapter, shall be submitted to and approved by Frederick County.
§ 165-705.07 Truck or fleet maintenance facilities; car, truck, utility trailers, and RV (recreational vehicle) rental and leasing.
A.
In the M1 Zoning District, truck or fleet maintenance facilities shall only be permitted in industrial parks.
B.
Truck or fleet maintenance facilities may have fuel service, provided that it is limited to one gasoline storage tank of 10,000 gallons or less and one diesel storage tank of 10,000 gallons or less.
C.
Development standards.
(1)
The Zoning Administrator may require additional buffers and screening other than those defined in Article VIII, Part 802, of this chapter.
D.
General standards.
(1)
All repair and maintenance operations shall occur within a completely enclosed structure.
(2)
Outdoor storage of parts associated with repair and maintenance shall be prohibited.
(3)
Retail sales of fuel are prohibited.
§ 165-705.08 Warehousing and storage.
A.
In the TM Zoning District, warehousing and storage uses shall be accessory to another principal use.
(1)
Such warehousing and storage shall not exceed:
(a)
More than 50% of the gross square footage of the principal structure; or
(b)
More than 75% of the gross square footage of the principal structure, when served directly by rail.
§ 165-706.01 Accessory dwellings.
A.
One accessory dwelling shall be allowed with any single-family dwelling as long as the following conditions are met:
(1)
The floor area of the accessory dwelling shall be no more than 25% of the gross floor area of the primary residential structure on the lot or a minimum of 500 square feet, whichever is greater.
(2)
In the RP, R4, and R5 Zoning Districts, accessory dwellings shall only be allowed if they are attached to the primary residential structure.
(3)
In no case shall a manufactured home be allowed as an accessory dwelling in the RP, R4, or R5 Zoning Districts.
B.
Dwellings in a business. One accessory dwelling shall be allowed with any business or industrial use only so long as it is occupied by the owner of the business or industry, an employee or a watchman.
§ 165-706.02 Accessory uses.
A.
Secondary or accessory uses shall be permitted by right in the B1, B2, B3, TM, M1, and M2 Districts, but only in conjunction with and secondary to a permitted principal use.
(1)
The square footage or area occupied by secondary uses cumulatively shall not exceed 25% of the gross floor area of the related principal use.
(2)
In the B3, TM, M1, and M2 Districts, no more than 15% of the gross floor area of the principal use may be used for accessory retail sales, and in no case shall the accessory retailing component exceed 2,000 square feet. The square footage devoted to accessory retail sales shall be included in calculating the limit of 25% on secondary uses.
B.
General.
(1)
In no case shall a manufactured home or temporary trailer be allowed as an accessory use, unless it is used for temporary or permanent housing on a bona fide, operating farm.
C.
Agricultural accessory uses.
(1)
The selling or processing of agricultural products produced on the premises shall be considered accessory to an agricultural use.
(2)
On bona fide, operating farms, temporary or permanent housing for workers actively working on the farm shall be an allowed accessory use.
