Frederick County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VII
Overlay Districts
§ 165-701.01 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 requires 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 701 also provides for noise easements and noise abatement to protect adjoining zones from the exposure of airport noise.
§ 165-701.02 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 County Map which is part of this chapter.[1] 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.
[1]
Editor's Note: The Zoning Map for the County is on file in the County offices.
B.
The source of the specific geometric standards for these zones are to be found in Part 77.25, Subchapter E, Airspace, of Title 14 of the Code of Federal Regulations or in successor Federal Regulations.
§ 165-701.03 Height limitations.
Except as otherwise provided in this district, 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 in excess of the height limit established for each zone, Where an area is covered by more than one height limitation, the more restrictive limitations shall prevail. Such height limitations are hereby established for each of the zones in question as follows:
A.
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.
B.
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.
C.
Horizontal Zone: 150 feet above the airport elevation or a height of 870 feet above mean sea level.
D.
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. 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. 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.
§ 165-701.04 Use restrictions.
No permit shall be granted that would allow the establishment or creation of an airport hazard or a hazard to air navigation. 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. Notwithstanding any other provisions of this district and within the area below the horizontal limits of any zone established by this Part 701, no use may be made of land or water within any zone established by this chapter in such a manner as to:
A.
Create electrical interference with navigational signals or radio communication between the airport and aircraft;
B.
Diminish the ability of pilots to distinguish between airport lights and other lights;
C.
Result in glare in the eyes of pilots using the airport;
D.
Impair visibility in the vicinity of the airport;
E.
Create the potential for bird strike hazards; or
F.
Otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
§ 165-701.05 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. It shall be the responsibility of the Planning Department 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.
B.
Noise easements. It shall be the responsibility of the developer to provide a noise easement for any development that occurs within the noise abatement zones specified on the day-night average sound level (LDN) map. This noise easement shall hold harmless the Winchester Regional Airport from any lawsuit regarding noise pollution for any development that occurs within the specified LDN map zones described above. This noise easement shall be required for said development after the effective date of this chapter.
§ 165-701.06 Nonconforming uses.
A.
Notwithstanding the provisions for nonconforming uses as established by this chapter, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation and maintenance of markers and lights as deemed necessary by the FAA, the Virginia Department of Aviation, the Executive Director of the Winchester Regional Airport Authority or the Zoning Administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated and maintained at the expense of the airport owners and not the owner of the nonconforming structure or vegetation in question.
B.
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.
C.
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 701.
§ 165-701.07 Appeals.
A.
Prior to being considered by the Board of Zoning Appeals, 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. Such variances shall only be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice and will be in accordance to the spirit of this chapter. Additionally, no application for a variance to the requirements of this chapter may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the Executive Director of the Winchester Regional Airport Authority for advice as to the aeronautical effects of the variance.
B.
Any variance granted 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. If deemed proper with reasonable cause by the Board of Zoning Appeals, 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.
§ 165-702.01 Statutory authorization and purpose.
This ordinance is adopted pursuant to the authority granted to localities by Va. Code § 15.2-2280 and is designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flood.
The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the 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.
§ 165-702.02 Applicability.
These provisions shall apply to all privately and publicly owned lands within the jurisdiction of Frederick County and identified as areas of special flood hazard according to the Flood Insurance Rate Map (FIRM) or included in the Flood Insurance Study (FIS) that are provided to Frederick County by FEMA.
§ 165-702.03 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.
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. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter 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.
C.
This chapter 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.
§ 165-702.04 Records.
Records of actions associated with administering this Part 702 shall be kept on file and maintained by or under the direction of the Floodplain Administrator in perpetuity.
§ 165-702.05 Abrogation and greater restrictions.
A.
To the extent that the provisions are more restrictive, this Part 702 supersedes any ordinance currently in effect in flood-prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict it shall remain in full force and effect.
B.
These regulations are not intended to repeal or abrogate any existing ordinances, including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.
§ 165-702.06 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this chapter shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this chapter. The remaining portions shall remain in full force and effect; and, for this purpose, the provisions of this chapter are hereby declared to be severable.
§ 165-702.07 Administration.
A.
Designation of the Floodplain Administrator. The Zoning Administrator is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:
(1)
Do the work themselves. In the absence of a designated Floodplain Administrator, the duties are conducted by the Frederick County Planning Director.
(2)
Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.
(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 as set forth in the Code of Federal Regulations at 44 CFR 59.22.
B.
Duties and responsibilities of the Floodplain Administrator. 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 special flood hazard area (SFHA).
(2)
Interpret floodplain boundaries and provide available base flood elevation 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 freeflowing, 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 base flood elevations.
(10)
Maintain and permanently keep records that are necessary for the administration of these regulations, including:
(a)
Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies and maps and current effective studies and maps) and Letters of Map Change; 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 Board of Zoning Appeals 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:
(a)
Make determinations as to whether buildings and structures that are located in special flood hazard areas and that are damaged by any cause have been substantially damaged.
(b)
Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the noncompliant 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)
Undertake, as determined appropriate by the Floodplain Administrator due to the circumstances, other actions which may include but are not limited to, issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under NFIP flood insurance policies.
(15)
Notify the Federal Emergency Management Agency 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 special flood hazard areas 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)
It is the duty of the Floodplain Administrator to take 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 the County, whether or not those hazards have been specifically delineated geographically (e.g., via mapping or surveying).
C.
Use and interpretation of FIRMs. The Floodplain Administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, 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 base flood elevation, even in areas not delineated as a special flood hazard area on the FIRM, the area shall be considered as a special flood hazard area and subject to the requirements of these regulations;
(b)
Are above the base flood elevation and the area is labelled as an SFHA on the FIRM, the area shall be regulated as a special flood hazard area, unless the applicant obtains a Letter of Map Change that removes the area from the SFHA.
(2)
In FEMA-identified special flood hazard areas where base flood elevation 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)
Base flood elevations and designated floodway boundaries on FIRMs and in Flood Insurance Studies shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.
(4)
Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in Flood Insurance Studies.
(5)
If a preliminary Flood Insurance Rate Map and/or a preliminary Flood Insurance Study 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 § 165-702.11C(3), and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.
(c)
Prior to issuance of a Letter of Final Determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations 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.
§ 165-702.08 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 National Flood Insurance Program. 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. If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in these regulations, the governing body 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 the Code of Federal Regulations, Title 44, Part 59, Subpart B, Section 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.
In order that all Flood Insurance Rate Maps 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.
§ 165-702.09 Submitting model backed technical data.
The County's base flood elevations 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 the Federal Emergency Management Agency of the changes by submitting technical or scientific data. The County may submit data via an LOMR. 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.
§ 165-702.10 Letters of map revision.
When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a Conditional Letter of Map Revision and then a Letter of Map Revision. Examples may include, but are not limited to:
A.
Any development that causes a rise in the base flood elevations within the floodway.
B.
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 base flood elevation.
C.
Alteration or relocation of a stream (including but not limited to installing culverts and bridges) 44 CFR 65.3 and 65.6(a)(12).
§ 165-702.11 Description of special flood hazard districts.
A.
Basis of districts. The various flood hazard districts shall include the special flood hazard areas. The basis for the delineation of these districts shall be the Flood Insurance Study and the Flood Insurance Rate Maps (FIRM) for Frederick County prepared by the Federal Emergency Management Agency, dated July 17, 1978, and any subsequent revisions or amendments thereto.
B.
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.
C.
The boundaries of the special flood hazard areas are established as shown on the FIRM which is declared to be a part of this article and which shall be kept on file at the Frederick County Department of Planning and Development.
(1)
The Floodway District is in an AE Zone delineated for purposes of this article using the criteria that certain areas within the floodplain must be capable of carrying the waters of the one-percent annual chance flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in Table 2 of the above-referenced Flood Insurance Study and shown on the accompanying Flood Insurance Rate Maps.
(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. 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 Conditional Letter of Map Revision (CLOMR), and receives the approval of the Federal Emergency Management Agency.
[3]
If § 165-702.11C is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 165-702.16 through 165-702.20.
[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.
(2)
The AE, or AH Zones on the FIRM accompanying the FIS shall be those areas for which one-percent annual chance flood elevations have been provided and the floodway has not been delineated. The following provisions shall apply within an AE or AH Zone where FEMA has provided base flood elevations:
(a)
Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones A1-30 and AE or AH 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.
(b)
Development activities in Zones A1-30 and AE or AH, 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 Conditional Letter of Map Revision, and receives the approval of the Federal Emergency Management Agency.
(3)
The A Zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the one-percent annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply:
(a)
The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one-percent annual chance floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one-percent 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 base flood elevation. 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.
(b)
The Floodplain Administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level no lower than one foot above the base flood elevation.
(c)
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 article, the elevation (in relation to mean sea level) to which the structure has been floodproofed.
(d)
Base flood elevation 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.
(4)
The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding identified as AO on the FIRM. For these areas, the following provisions shall apply:
(a)
All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two feet above the highest adjacent grade.
(b)
All new construction and substantial improvements of nonresidential structures shall:
[1]
Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two feet above the highest adjacent grade; or
[2]
Together with attendant utility and sanitary facilities be completely floodproofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
(c)
Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.
§ 165-702.12 Overlay concept.
A.
The floodplain districts described above shall be overlays to the existing underlying districts as shown on the Official Zoning Ordinance Maps, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.
B.
If there is any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district, those pertaining to the floodplain districts shall apply.
C.
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 shall remain applicable.
§ 165-702.13 Flood Insurance Rate Map.
The boundaries of the special flood hazard area and floodplain districts are established as shown on the Flood Insurance Rate Map, which are by reference made a part of this chapter and which shall be kept on file at the Frederick County offices.
§ 165-702.14 District boundary changes.
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 conducted or undertaken by the United States Army Corps of Engineers or other qualified agency or individual documenting the necessity for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. A completed LOMR is a record of this approval.
§ 165-702.15 Interpretation of district boundaries.
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 Board of Zoning Appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit his own technical evidence if he so desires.
§ 165-702.16 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. Such development shall be undertaken only in strict compliance with the provisions of this chapter and with all other applicable codes and regulations, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC), the Frederick County Zoning and Subdivision Ordinances and the Erosion and Sediment Control Ordinance.[1] 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. 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.
(1)
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.
(4)
Topographic information showing existing and proposed ground elevations.
§ 165-702.17 General standards.
A.
The following provisions shall apply to all permits:
(1)
New construction and substantial improvements shall be according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure.
(2)
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.
(3)
New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(4)
New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.
(5)
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.
(6)
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(7)
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.
(8)
On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
B.
In addition to provisions in Subsection A(1) through (8) above, in all special flood hazard areas, the additional provisions shall apply:
(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, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). 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 the Federal Emergency Management Agency.
(2)
The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.
§ 165-702.18 Elevation and construction standards.
In all special flood hazard areas where base flood elevations have been provided in the Flood Insurance Study or generated by a certified professional according to § 165-702.11C, the following provisions shall apply:
A.
Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in Zones A1-30, AE, AH, and A with detailed base flood elevations shall have the lowest floor, including basement, elevated no lower than one foot above the base flood elevation.
B.
Nonresidential construction.
(1)
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 base flood elevation.
(2)
Nonresidential buildings located in all A1-30, AE, and AH 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 watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.
C.
Space below the lowest floor. In Zones A, AE, AH, AO, and A1-A30, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:
(1)
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);
(2)
Be constructed entirely of flood-resistant materials below the regulatory flood protection elevation;
(3)
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:
(a)
Provide a minimum of two openings on different sides of each enclosed area subject to flooding.
(b)
The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding.
(c)
If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.
(d)
The bottom of all required openings shall be no higher than one foot above the adjacent grade.
(e)
Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.
(f)
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.
D.
Accessory structures. Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of § 165-702.18B or, if not elevated or dry floodproofed, shall:
(1)
Not be used for human habitation;
(2)
Be limited to no more than 600 square feet in total floor area;
(3)
Be usable only for parking of vehicles or limited storage;
(4)
Be constructed with flood-damage-resistant materials below the base flood elevation;
(5)
Be constructed and placed to offer the minimum resistance to the flow of floodwaters;
(6)
Be anchored to prevent flotation;
(7)
Have electrical service and mechanical equipment elevated to or above the base flood elevation;
(8)
Shall be provided with flood openings which shall meet the following criteria:
(a)
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.
(b)
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; the certification requirement may be satisfied by an individual certification or an evaluation report issued by the ICC Evaluation Service, Inc.
(c)
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.
(d)
Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area.
E.
Standards for manufactured homes and recreational vehicles.
(1)
In zones A, AE, AH, and AO, 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 § 165-702.14 through § 165-702.19.
(2)
All recreational vehicles placed on sites must either:
(a)
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
(b)
Meet all the requirements for manufactured homes in § 165-702.18E(1).
§ 165-702.19 Standards for subdivision proposals.
A.
All subdivision proposals shall be consistent with the need to minimize flood damage;
B.
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;
C.
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards;
D.
In A Zones, base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a Flood Insurance Study 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.
§ 165-702.20 Existing structures in floodplain areas.
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:
§ 165-702.21 Factors to be considered in granting variances.
A.
Variances shall be issued only upon:
B.
While the granting of variances generally is limited to a lot size less than 1/2 acre, deviations from that limitation may occur. However, as the lot size increases beyond 1/2 acre, the technical justification required for issuing a variance increases. Variances may be issued by the Board of Zoning Appeals for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this section.
C.
Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.
D.
In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of this chapter and consider the following additional factors:
(1)
The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development or activity within any Floodway District that will cause any increase in the one-percent-chance flood elevation.
(2)
The danger that materials may be swept on to other lands or downstream to the injury of others.
(3)
The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions.
(4)
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.
(5)
The importance of the services provided by the proposed facility to the County.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding for the proposed use.
(8)
The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the Comprehensive Plan and floodplain management program for the area.
(10)
The safety of access by ordinary and emergency vehicles to the property in time of flood.
(11)
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(12)
The historic nature of a structure. Variances for repair or rehabilitation of historic structures may be granted upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(13)
Such other factors which are relevant to the purposes of this article.
(14)
No variance shall be granted for an accessory structure exceeding 600 square feet.
E.
The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to the County Engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.
F.
Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in:
G.
Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief.
I.
A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.
§ 165-702.22 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 § 165-101.08 of this chapter. The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115.
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; and all such persons shall be required to correct or remedy such violations or noncompliances 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. Flood insurance may be withheld from structures constructed in violation of this article.
§ 165-703.01 Intent.
The HA Historic Area 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:
A.
Foster civic pride and an appreciation for historic values.
B.
Maintain and improve property values by providing incentives for upkeep and rehabilitation.
C.
Protect and enhance the County's attractiveness to tourists and visitors.
D.
Provide for the education and general welfare of the people of the County.
E.
Encourage nomination of qualified historic properties to the state and national registers.
§ 165-703.02 Establishing overlay boundaries.
HA Zones may be created by amending the Zoning Chapter as provided for in Article I of this chapter. 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 an historic area.
A.
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.
B.
A public hearing shall be held by the Board of Supervisors prior to adoption of a proposed zone. Notice shall be sent to all property owners within the boundaries of the proposed zone, indicating the time and place of the public hearing. The notice shall also state that residents may express their opposition to the proposed district in writing. The Board of Supervisors shall alter the boundaries of the proposed zone to exclude those property owners expressing opposition.
C.
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 703 may be adopted by the Board of Supervisors and applied to the zone created.
D.
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.
§ 165-703.03 Criteria for determining historic significance.
The significance of an 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:
A.
Architectural style.
(1)
Presence of distinguishing characteristics of a recognized style.
(2)
Significance of architectural design.
(3)
Scale and/or interrelationship of structures and/or environmental features.
(4)
Significant patterns of development.
(5)
Quality of workmanship.
(6)
Amount of surviving original material.
(7)
Original location and/or use.
(8)
Remaining outbuildings or dependencies.
(9)
Surrounding environment, gardens, landscaping and walks.
(10)
Overall aesthetic quality.
(11)
Original integrity of the structure and its details.
C.
Additional information.
(1)
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.
(2)
A list of structures within the zone which notes which structures are contributing and which are not. Surviving building types and structures not historic in themselves but adding to the character of an historic area need to be looked at as potentially deserving preservation.
(3)
An analysis of lands not occupied by structures, including lands near and visually related to the district. For public lands, ownership, use and location shall be indicated. For private lands, assessed valuation shall be added as well as existing zoning and planned land use.
(4)
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. 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.
§ 165-703.04 General regulations.
Within the Historic Area Overlay Zone, these regulations shall apply:
A.
New construction, reconstruction and significant exterior alterations. No building or structure, including signs, shall be erected, reconstructed or substantially altered in exterior appearance unless the HRAB approves of the proposed activity's compatibility with the historic, cultural and/or architectural aspects of the zone and issues a certificate of appropriateness. All requests for construction, reconstruction and significant exterior alterations presented to the HRAB shall be in conformance with § 165-703.05, Guidelines for new construction and alterations.
[Amended 4-14-2010]
B.
Matters to be considered in passing upon the appropriateness of construction, reconstruction or significant exterior alteration of buildings or structures by the HRAB. The HRAB shall not consider interior alterations and shall only impose restrictions for the purpose of preventing development incompatible with the historic aspects of the area.
C.
The HRAB shall consider the Secretary of the Interior's Standards for Rehabilitation and the following in evaluating the appropriateness of architectural features:
(1)
The extent to which the proposed action will affect the overall character and continuity of the area.
(2)
Whether elements of the general design, such as scale, height and proportion of the proposed work, are visually compatible with the surrounding area.
(3)
Whether the texture and materials proposed are compatible with existing structures in the area.
D.
Demolition. No contributing building or structure within any HA Zone shall be demolished or removed, until a certificate of appropriateness is issued by the HRAB. The demolition or removal of a noncontributing structure may be authorized by the Zoning Administrator.
E.
Matters to be considered in determining whether to grant a permit for razing or demolition. The HRAB shall consider any and all of the following criteria:
(1)
Is the historic resource of such architectural, cultural, or historical interest that its removal would be detrimental to the public interest?
[Amended 4-14-2010]
(2)
Could the building only be reproduced at great expense or difficulty due to its unique or unusual texture, material or design?
(3)
Would demolition of the structure result in the loss of a significant historic place or resource in Frederick County?
[Amended 4-14-2010]
F.
Offer for sale. The owner of a building, structure or site in a historic district shall, by right, be entitled to demolish the same, provided that:
(1)
The property owner has applied for a demolition permit.
(2)
The property owner has made a bona fide offer to sell the structure and land on which it is located to an individual or group which makes reasonable assurances that it will preserve the landmark. The property shall be offered at a price reasonably related to its fair market value as determined by an independent appraisal for the period established by the schedule below:
Time Period (months) | Asking Price |
|---|---|
3 | Less than $25,000 |
4 | Between $25,000 and $40,000 |
5 | Between $40,000 and $55,000 |
6 | Between $55,000 and $75,000 |
7 | Between $75,000 and $90,000 |
12 | Over $90,000 |
G.
Hazardous buildings or structures can be demolished without consideration by HRAB with written approval of the Zoning Administrator, stating the conditions which justify the demolition.
H.
Moving or relocation. No landmark, building or structure within a district shall be removed or relocated if the move would be detrimental to the public interest or the historic integrity of the structure unless approved by the HRAB.
I.
Uses permitted. Within the Historic Area Overlay Zone, general regulations and permitted uses shall be the same as provided within the respective underlying zoning districts except where such regulations are modified or amended by recommendation of the HRAB and adoption of the Board of Supervisors.
J.
Exceptions. Where the strict interpretation of these regulations creates an undue hardship, the HRAB may make recommendations for reasonable exemptive relief.
§ 165-703.05 Guidelines for new construction or alterations.
[Added 4-14-2010[1]]
A.
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. Franchise architecture should be avoided in HA Overlay Zones. All new construction should protect and preserve significant archaeological resources. 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.
New construction should maintain a height and scale which is compatible with adjacent buildings and other existing structures in the historic area.
C.
Items such as mechanical equipment, meters, transformers, HVAC equipment and dumpsters should be visually screened from public view.
D.
Freestanding signage shall conform to the requirements of § 165-201.06. Wall-mounted signs shall be limited to 20 feet in height above grade and only one building-mounted sign not to exceed 50 square feet shall be permitted per building face.
E.
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. Parking areas should be placed as to not de-emphasize the main structures in the HA Overlay Zone. Parking areas within an HA Zone shall conform to the parking space and landscaping requirements of § 165-202.01 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. 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. Parking surfaces comprised solely of unfortified grass areas are not acceptable.
[1]
Editor's Note: This ordinance also renumbered former § 165-703.05, Administratioon, as § 165-703.06.
§ 165-703.06 Administration.
A.
The Zoning Administrator. The Zoning Administrator shall not authorize a permit for any erection, reconstruction, significant exterior alteration, demolition or razing of a building, structure or site in the HA Historic Area Overlay Zone until the same has been approved and a certificate of appropriateness issued by the HRAB, following the procedures set forth below.
[Added 4-14-2010]
B.
Upon receipt of an application for such a permit in the Historic Area Overlay Zone, the Zoning Administrator shall follow the procedures below:
C.
Materials to be submitted for review. Twelve copies of all materials prepared in relation to the application shall be submitted by the applicant. The Zoning Administrator or the HRAB may require submission of any or all of the following: architectural plans, site plans, landscaping plans, design for proposed signs with appropriate detail as to character, proposed exterior lighting arrangements, elevations of all portions of structure with important relationships to public view (with indications as to visual construction materials, design of doors and windows and relationships to adjoining structures) and such other exhibits and reports as are necessary for these determinations.
D.
Fees. The Board of Supervisors shall establish a schedule of fees for the submission and review of an application for a certificate of appropriateness.
E.
Other approvals required. In any case in which an applicant's proposal also requires the approval of the Board of Zoning Appeals, approval by the Board of Zoning Appeals shall be obtained prior to action by the HRAB.
F.
Action of the Historic Resources Advisory Board.
[Amended 4-14-2010]
(1)
The HRAB shall return, within 60 days after submission of the completed application, its decision concerning granting a certificate of appropriateness for the erection, reconstruction, significant exterior alteration, restoration, razing or demolition or relocation of all or part of any building within the HA Zone. The HRAB shall apply the following criteria for its evaluation of any application:
(a)
Risk of substantial alteration of the exterior features of a historic resource.
(b)
Compatibility in character and nature with the historic, architectural or cultural features of the historic overlay district.
(c)
Exterior architectural features, including all signs.
(d)
General design, scale and arrangement.
(e)
Texture and material.
(f)
The relationship of the size, design and siting of any new or reconstructed structure to the landscape of the district.
(2)
If the HRAB grants a certificate of appropriateness, it shall authorize the Zoning Administrator to issue a permit for the work specified in the application. If the HRAB disapproves the application, the reasons shall be stated in writing and forwarded to the applicant, and the Zoning Administrator shall disapprove the application for the required permit. The disapproval shall indicate what changes in the plans and specifications would enable the proposal to meet the conditions for protecting and preserving the historical character of the HA Zone. If the applicant determines that he will make the suggested changes, he shall so advise the HRAB in writing, which shall act accordingly.
(3)
In the case of disapproval, the application shall not be resubmitted for consideration until 12 months have elapsed from the date of disapproval unless the indicated changes in plans and specifications have been incorporated into the reapplication. The applicant may appeal the disapproval to the Board of Supervisors.
§ 165-704.01 Intent.
The IA Interstate Area 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 § 165-201.06 of this chapter. This flexibility is provided to inform the traveling public of business service opportunities at specific interstate interchange areas. The standards within this Part 704 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. 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.
§ 165-704.02 District boundaries.
Properties that are included within the Interstate Area Overlay District shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Frederick County Department of Planning and Development.
§ 165-704.03 Establishment of districts.
A.
The Frederick County Board of Supervisors may apply the Interstate Area 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.
B.
The Interstate Area Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land within the Interstate Area Overlay District shall also be within one or more zoning districts as specified within this chapter. The effect shall be the creation of regulations and requirements of both the underlying zoning district(s) and the Interstate Area Overlay District.
§ 165-704.04 (Reserved) [1]
[1]
Editor's Note: Former § 165-704.04, Qualifying criteria, was repealed 12-13-2023.
§ 165-704.05 District regulations.
C.
Number of freestanding commercial business signs. On any parcel within the Interstate Area Overlay District, one interstate overlay sign that complies with the requirements set forth in this Part 704 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.
(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 Residential Performance District, the HE Higher Education District 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 § 165-704.05D(2) if it can be demonstrated that the setback requirement cannot be met due to the irregular size or shape of the parcel.
[Amended 9-26-2012]
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 § 165-201.06F of this chapter and shall meet all other applicable spacing requirements.
F.
Maximum size.
(1)
No interstate overlay sign shall exceed a total of 300 square feet in area.
(2)
When more than one qualifying use is located on a single parcel within the Interstate Area 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. Neither the direct nor reflected light from any illuminated interstate overlay sign shall create an increase in the ambient footcandle at the property line, create glare into or upon other structures or create glare onto a public thoroughfare so as to create a traffic hazard for operators of motor vehicles.
H.
Maintenance and permits.
(1)
All signs that are erected in the Interstate Area Overlay District shall meet the maintenance and permit requirements as specified in § 165-201.06K and 165-201.06L of this chapter.
[Amended 12-10-2008]
(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:
Exit Number | 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 | |
§ 165-705.01 Intent.
A.
The TNDB (Traditional Neighborhood Design-Business) Overlay District is intended to implement the comprehensive plan goals of supporting a business climate conducive to economic activity and orderly economic growth, providing a variety of housing types and locations to meet the varied needs and income levels of the County's present and future population, providing for adequate and safe pedestrian and bicycle travel and promoting traditional neighborhood design in urban centers and neighborhood villages, all of the foregoing being deemed to advance and promote the health, safety and general welfare of the public and the orderly development of Frederick County.
B.
The TNDB (Traditional Neighborhood Design-Business) Overlay District provides parcels within the County's Urban Development Area (UDA), or 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, the ability to utilize traditional neighborhood design criteria that are different from the criteria specified in Article VI of this chapter. 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.
§ 165-705.02 District boundaries.
Properties that are included within the TNDB (Traditional Neighborhood Design-Business) Overlay District shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Frederick County Department of Planning and Development.
§ 165-705.03 Establishment of districts.
A.
The Frederick County Board of Supervisors may apply the TNDB (Traditional Neighborhood Design-Business) Overlay District, following the procedures of Article I of this chapter, to B1 Neighborhood Business District and B2 Business General District properties of less than 20 acres, upon concluding that:
(1)
The parcel is located within the Urban Development Area, or located in an area identified as a potential urban center or neighborhood village in the Comprehensive Plan which is located within the Sewer and Water Service Area.
(2)
The requirements of this section will not have an adverse impact on adjoining properties whose primary use is residential.
B.
The TNDB (Traditional Neighborhood Design-Business) Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land within the TNDB (Traditional Neighborhood Design-Business) Overlay District shall also be within one or more zoning districts as specified within this chapter. The effect shall be the creation of regulations and requirements for the TNDB (Traditional Neighborhood Design-Business) Overlay District that are in addition to, or supersede, as the case may be, those for the underlying zoning district(s).
§ 165-705.04 Use, density, dimensional and intensity regulations.
[Amended 12-10-2025]
A.
Use. Any use allowed in the underlying zoning district shall be allowed. 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.
Residential density. Maximum gross density shall be 10 units per acre.
C.
Dimensional and intensity requirements. The following dimensional and intensity requirements shall supersede those of the underlying zoning district:
Requirement | TNDB (Traditional Neighborhood Design-Business) Overlay District |
|---|---|
Minimum front yard setback on primary or arterial highways (feet) | 30 |
Maximum front yard setback on primary or arterial highways (feet) | 50 |
Minimum front yard setback on Collector or minor streets (feet) | 10 |
Maximum front yard setback on collector or minor streets (feet) | 20 |
Side yard setbacks (feet) | -- |
Rear yard setbacks (feet) | -- |
Floor area to lot area ratio (FAR) | 1.00 |
Minimum landscaped area (percentage of lot area) | 15% |
Maximum height (feet) | 60 |
Maximum (number) of habitable floors | -- |
D.
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.
E.
All other dimensional and intensity requirements of §§ 165-601.01 and 165-601.02 of this chapter shall apply.
§ 165-705.05 Off-street parking; parking lots.
Off-street parking shall be provided on each lot or parcel on which any use is established according to the requirements of this section.
A.
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.
(2)
Number of required off-street parking spaces for residential dwelling units:
Number of bedrooms | Off-Street Parking Spaces |
|---|---|
Efficiency | 1.0 |
1 | 1.0 |
2 plus | 2.0 |
(3)
Required parking spaces for commercial uses shall be in accordance with § 165-202.01 of this chapter. 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.
(4)
On-street parking can be counted towards meeting the required parking in § 165-202.01 of this chapter, provided such parking is located within 400 feet of the subject principal use.
B.
Location of parking and circulation areas. Areas devoted to parking or circulation of vehicles shall not be located between a primary structure on a lot and the street, nor shall such areas be located closer to the street than the primary structure on the lot.
C.
All other regulations concerning off-street parking and parking lots shall be as required in § 165-202.01 of this chapter.
§ 165-705.06 Design standards.
A.
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. Entrances at building corners may be used to satisfy this requirement. 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 feet 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. At least one side of the plaza shall adjoin a road. The plaza shall include public amenities, such as ponds, fountains, public areas, plant beds, benches, drinking fountains, clock pedestals and the like. Buildings that adjoin the plaza shall be a minimum of two stories.
E.
Sidewalks and pedestrian walkways. Sidewalks shall be installed along all building entrances and along all streets. Sidewalks located along primary building entrances utilized for the general public shall be a minimum of 10 feet wide. 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. 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 § 165-203.02 of this chapter for the underlying zoning district. Any residential dwelling units shall be treated as commercial floor space solely for the purpose of buffers and screening requirements. Zoning district buffers shall not be required along any existing road rights-of-way which border the development. The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements with the consent of the adjacent (affected) property owners. Should a waiver be granted, the distance requirements of § 165-203.02 may be reduced, provided the full screening requirements of the section are met.
(2)
Loading areas shall be landscaped, screened and buffered from view as seen from adjoining streets and residential areas.
H.
Street trees. One street tree shall be provided for every 30 feet of street frontage. Street trees shall be planted no more than 10 feet from rights-of-way. Acceptable trees shall be based on the list of street trees include in § 165-203.01B of this chapter. Street trees shall be a minimum of three-inch caliper at the time of planting.
§ 165-705.07 Master Development Plan (MDP).
A.
The Director of Planning and Development may waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design-Business) Overlay District for sites less than 10 acres in accordance with § 165-801.03C(2) through (6) of this chapter. The Director of Planning and Development may also waive the requirements of a master development plan in the TNDB (Traditional Neighborhood Design-Business) Overlay District, provided that a proffer statement, accepted by the Board of Supervisors, associated with the development contains a plan which shows:
(1)
The proposed location and arrangement of all street and utility systems.
(2)
The proposed location of entrances to the development from existing streets.
(3)
A conceptual plan for stormwater management and description of the location of all stormwater facilities designed to serve more than one parcel.
(4)
The location and treatment proposed for all historical structures and sites recognized as significant by the Frederick County Board of Supervisors or as identified on the Virginia Historical Landmarks Commission Survey for Frederick County.
§ 165-705.08 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.
C.
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. Wall-mounted signs shall not exceed 18 feet in height.
D.
Freestanding business signs shall not exceed 50 square feet in area. Freestanding business signs shall not exceed 12 feet in height.
E.
All other sign regulations shall be as required in § 165-201.06 of this chapter for the underlying zoning district.