Frederick County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE VIII
Development Plans and Approvals
§ 165-801.01 Intent.
The purpose of the master development plan (MDP) is to promote orderly and planned subdivision and development of property within Frederick County. It is the purpose of the MDP to ensure that such development occurs in a manner that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. The MDP shall be used to illustrate the characteristics of the property proposed for subdivision and/or development and of surrounding properties and ensure that the requirements of the County Code have been satisfied.
§ 165-801.02 When required.
A.
A preliminary master development plan (MDP) shall be submitted to the Director of Planning and Development. Ultimately, the MDP must receive administrative approval from the Director of Planning and Development and the County Administrator prior to any subdivision or development of property in any of the following zoning districts:
[Amended 10-13-2021; 3-8-2023]
RP | Residential Performance District |
R4 | Residential Planned Community District |
R5 | Residential Recreational Community District |
MH1 | Mobile Home Community District |
HE | Higher Education District |
MS | Medical Support District |
B1 | Neighborhood Business District |
B2 | General Business District |
B3 | Industrial Transition District |
TM | Technology-Manufacturing District |
M1 | Light Industrial District |
M2 | Industrial General District |
EM | Extractive Manufacturing District |
B.
The MDP shall include the subject property proposed for subdivision or development as well as all contiguous land under single or common ownership in the above zoning districts.
C.
A MDP may be submitted with an application for a rezoning but shall not be considered binding until approval of a final MDP.
§ 165-801.03 Waivers.
A.
RP, R4, R5, and MH1 Districts. The Director of Planning and Development may waive the requirements of a MDP in the RP (Residential Performance), the R4 (Residential Planned Community), the R5 (Residential Recreational Community), and the MH1 (Mobile Home Community) Zoning Districts if the proposed property for subdivision or development:
(1)
Contains 10 or fewer single-family detached rural traditional, single-family detached traditional or single-family detached urban dwelling units (all other permitted housing types shall require a MDP);
(2)
Is not an integral portion of a property proposed or planned for future development or subdivision;
(3)
Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and
(4)
Does not substantially affect the purpose and intent of its zoning district and the intent of this article.
(5)
A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan.
[Added 5-28-2014; amended 10-13-2021]
B.
M1, EM, M2 and TM Districts. The Director of Planning and Development may waive the requirement of a MDP in the M1 (Light Industrial), the EM (Extractive Manufacturing), the M2 (Industrial General) or the TM (Technology-Manufacturing) Zoning Districts if the proposed subdivision or development:
[Amended 5-28-2014; 10-13-2021; 3-8-2023]
(1)
Includes no new streets, roads or rights-of-way, does not further extend any existing or dedicated street, road or rights-of-way and does not significantly change the layout of any existing or dedicated street, road or rights-of-way;
(2)
Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot;
(3)
Is not an integral portion of a property proposed or planned for future development or subdivision;
(4)
Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and
(5)
That such development does not substantially affect the purpose and intent of this chapter.
(6)
A MDP may also be waived if the applicant chooses to process a site plan in lieu of an MDP. The site plan must contain all information generally required on an MDP and a site plan.
C.
B1, B2, B3, MS and HE Districts. The Director of Planning and Development may waive the requirement of a master development plan in the B1 (Neighborhood Business), B2 (General Business), B3 (Industrial Transition), MS (Medical Support) or HE (Higher Education) Zoning Districts if the proposed subdivision or development:
(1)
Contains less than five acres in the B1 District and less than 10 acres in the B2, B3, MS or HE District;
(2)
Includes no new streets, roads or rights-of-way, does not further extend any existing or dedicated street and does not significantly change the layout of any existing or dedicated street;
(3)
Does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot;
(4)
Is not an integral portion of a property proposed or planned for future development or subdivision;
(5)
Is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and
(6)
That such development does not substantially affect the purpose and intent of this chapter.
(7)
A MDP may also be waived if the applicant chooses to process a site plan in lieu of a MDP. The site plan must contain all information generally required on a MDP and a site plan.
[Added 5-28-2014; amended 10-13-2021]
§ 165-801.04 Preapplication conference.
Prior to submission of a master development plan for review, the Department of Planning and Development staff may require or an applicant may request a preapplication conference. The purpose of the preapplication conference is to review and discuss the nature of the proposal in relation to the requirements of the County Code and to discuss the preparation of a master development plan.
A.
If required, at the preapplication conference the applicant shall provide a land use plan describing the following:
§ 165-801.05 Contents of master development plans.
A.
The following items shall be required for MDPs in all zoning districts. All required items shall be shown clearly on the plan. All MDPs shall be prepared in accordance with the following specifications:
(1)
The scale shall be one inch equals 100 feet or larger (the ratio of feet to inches shall be no more than 100 feet to one inch) or at a scale acceptable to the Director. The scale shall be sufficient so that all features are discernible.
(2)
No sheet shall exceed 42 inches in size unless approved by the Director of Planning and Development. If the MDP is prepared on more than one sheet, match lines shall clearly indicate where the sheets join.
(3)
All MDPs shall include a North arrow, a scale and a legend describing all symbols.
(4)
A boundary survey of the entire property related to true meridian and certified by a certified Virginia surveyor, architect or engineer, with all dimensions in feet and decimals of feet, is required for all MDPs.
(5)
The total area of the property shall be specified on the MDP.
(6)
The topography shall be shown at contour intervals acceptable to the Director.
(7)
The title of the proposed project; the date, month, year the plan was prepared or revised; the name of the applicant(s), owner(s) and contract owner(s); and the names of the individuals or firms preparing the plan shall be clearly specified.
(8)
A schedule of phases, with the approximate location of phase boundaries and the order in which the phases are to be developed, shall be provided.
(9)
The use of all adjoining properties shall be clearly designated on the MDP.
(10)
All existing, approved or planned public roads, streets or rights-of-way on the project or within 2,000 feet of the boundaries of the project.
(11)
Any approved proffers associated with property.
(12)
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.
(13)
A history of all land divisions that have occurred in relation to the tract since the adoption of this requirement.
(14)
The approximate location of sewer and water mains with statements concerning the connection with and availability of existing facilities.
(15)
The ownership and use of all adjoining parcels, including parcels across rights-of-way.
(16)
Description of any changes made since approval of any prior MDPs.
(17)
An approval block and signature lines for the Director of Planning and Development.
B.
Contents of a master development plan in the RP (Residential Performance) District, the R4 (Residential Planned Community) District, the R5 (Residential Recreational Community) District and the MH1 (Mobile Home Community) District. The MDP shall contain a conceptual plan, showing the location and functional relationship between all proposed housing types and land uses, including the following information:
(1)
A land use plan, showing the location, arrangement and approximate boundaries of all proposed land uses.
(2)
The approximate acreage in common open space, in each use and housing type and in roads, streets or rights-of-way for each phase and the total development.
(3)
The location and approximate boundaries of proposed housing types conceptually shown in accord with residential performance dimensional requirements.
(4)
The proposed number of dwelling units of each type in each phase and in the total development.
(5)
The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes and woodlands.
(6)
The location of environmental protection land to be included in common open space.
(7)
The approximate acreage of each type of environmental protection land, the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in common open space.
(8)
The amount, approximate boundaries and location of common open space, with the percentage of the total acreage of the site to be placed in common open space.
(9)
The location and general configuration of recreational facilities, with a general statement of the types of recreational facilities to be provided.
(10)
The location and extent of proposed buffers, with statements, profiles, cross sections or examples clearly specifying the screening to be provided.
(11)
The proposed location, arrangement, and right-of-way widths of roads and streets, including roads and streets providing access to adjoining parcels, shall be in accordance with § 165-202.04.
(12)
The location and arrangement of street entrances, driveways and parking areas.
(13)
A conceptual plan for stormwater management with the location of stormwater facilities designed to serve more than one lot.
(14)
Calculations describing all proposed bonus factors with the location of and specifications for bonus improvements, when proposed.
C.
Contents of a master development plan in the M1 (Light Industrial) District, the M2 (Industrial General) District, the EM (Extractive Manufacturing) District, the HE (Higher Education) District, the B1 (Neighborhood Business) District, the B2 (General Business) District, the B3 (Industrial Transition) District, the TM (Technology-Manufacturing) District and the MS (Medical Support) District. The MDP shall contain a conceptual plan, showing the location and functional relationship between streets and land uses, including the following:
[Amended 3-8-2023]
(1)
A conceptual plan, showing the location and arrangement of proposed uses.
(2)
The location and approximate boundaries of existing environmental features, including floodplains, lakes and ponds, wetlands, natural stormwater detention areas, steep slopes and woodlands, as defined, and the approximate acreage of each type of environmental feature, including the amount and percentage of each type that is to be disturbed and the amount and percentage of each type to be placed in open or landscaped areas.
(3)
The proposed location and arrangement of all proposed and existing utility systems.
(4)
The location and arrangement of existing and proposed public or private roads, existing or proposed entrances, and driveways from existing and proposed public or private streets.
(5)
A conceptual plan for stormwater management and description and the location of all stormwater facilities designed to serve more than one parcel.
(6)
The location and extent of proposed buffers required by this chapter, with statements, profiles, cross sections or examples clearly specifying the screening to be provided.
§ 165-801.06 Master development plan submission.
[Amended 10-13-2021; 4-24-2024]
Applicants shall submit the number of copies of the preliminary MDP to the Department of Planning and Development specified by the Department of Planning and Development MDP application, together with completed application materials required by the Department of Planning and Development.
A.
Applicants shall provide approval comments on the proposed development from various review agencies or departments as required by the Department of Planning and Development. The submission shall be complete when the plans, application materials and review agency approval comments have been received by the Director of Planning and Development.
§ 165-801.07 Final master development plan.
A.
The final MDP shall conform to all requirements of the County Code.
B.
Applicants shall submit a minimum of five copies of the final MDP to the Department of Planning and Development. Final approval of the final MDP shall be given by the Director of Planning and Development and the County Administrator.
C.
The Director shall approve the final MDP if all requirements of the County Code and all review agencies have been met.
[Amended 10-13-2021]
D.
A MDP shall not be considered final until it is signed by the Director of Planning and Development and the County Administrator.
§ 165-801.08 Changes to approved master development plans.
[Amended 4-24-2024]
Changes to an approved MDP shall occur only after review by the Planning Department using the procedures required for the approval of a new plan.
§ 165-801.09 Master development plan review fees.
The Board of Supervisors may adopt a schedule of fees to be paid by the applicant to the County for the costs associated with the review of the MDP.
§ 165-802.01 Activities requiring site plans or illustrative sketch plans.
[Amended 5-22-2002; 11-12-2003; 1-23-2013; 8-12-2015]
A.
In order to ensure that the requirements of this chapter have been met, a site plan shall be required to be submitted to the County for the following uses:
(1)
Any use in the business or industrial zoning districts, the EM Extractive Manufacturing District, the MS Medical Support District, or the HE Higher Education District.
(2)
Any nonresidential uses with automobile parking spaces.
(3)
Any of the following residential uses not required to submit a subdivision design plan for approval:
(4)
Convalescent and nursing homes.
(5)
Public and semipublic uses and buildings.
(6)
Required landscaped buffers and landscaped screens.
(7)
Required recreational facilities.
(8)
Any parcel of land proposed to contain more than one dwelling unit, except those residential units allowed as agricultural accessory uses.
(9)
Nonresidential uses permitted in the RP, R4 and R5 Zoning Districts.
(10)
The use, change of use or construction of any improvement or facility that is to be reviewed by the Planning Commission to determine conformance with the Comprehensive Plan under § 15.2-2232 of the Code of Virginia.
B.
The Zoning Administrator may require a site plan or illustrative sketch plan to be submitted with an application for a conditional use permit or any use specified under Part 204 of this chapter.
C.
No permit shall be issued for the construction of any building or improvement on the site of any of the above uses until the site plan or illustrative sketch plan is approved.
§ 165-802.02 Site plan applications; review.
[Amended 5-22-2002]
A.
Applicants shall submit two copies of the site plan to the Zoning Administrator for review, along with applicable fees and completed application materials required by the Zoning Administrator. Final approval of the site plan shall be given by the Zoning Administrator. At least five copies of the site plan are required to be submitted to the Zoning Administrator for final approval.
C.
Applicants shall provide comments on the site plan from various agencies as required by the Department of Planning and Development.
D.
The Zoning Administrator may require the applicant to present the site plan to the Technical Review Committee for review. The Committee shall make recommendations to the Zoning Administrator concerning whether the plan meets the requirements of the Frederick County Code.
E.
A site plan submission shall be considered to be complete when the fees, plans, application materials and comments have been received and when the Technical Review Committee has reviewed the plan, if required.
F.
G.
The Planning Commission may make recommendations to the Zoning Administrator concerning the site plan. The Zoning Administrator shall incorporate such recommendations into the review of the site plan. The site plan shall be finally approved or denied by the Zoning Administrator.
H.
Approval of the site plan shall expire within five years of the approval date unless building permits have been obtained for construction.
I.
The Zoning Administrator or his designated representative shall periodically inspect the site during construction to ensure that the site plan requirements are met.
J.
No certificate of occupancy shall be issued for any use or site requiring a site plan until all requirements shown on the approved site plan have been met and all improvements shown on the site plan have been provided. If structures and improvements have been provided sufficient to guarantee public health and safety but if all site plan improvements have not been completed, a certificate of occupancy shall only be issued if a bond with surety or other acceptable guaranties have been provided to insure that all approved improvements will be provided. Such guaranties shall be for a limited time period acceptable to the Zoning Administrator, during which time said improvement shall be completed.
Site Plan Review Process | |
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K.
The Board of Supervisors, by resolution, may establish a schedule of fees for the review of site plans.
§ 165-802.03 Site plan and illustrative sketch plan contents.
[Amended 5-22-2002; 8-12-2015]
The site plan or illustrative sketch plan shall be clearly legible and shall be drawn at a scale acceptable to the Zoning Administrator. The site plan shall include three general sections: the project information section, the calculations section, and the site plan and details section. The information required for each section is listed below:
A.
Project information section.
(1)
A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development.
(2)
The name, address, and phone number of the landowner, developer, and designer.
(3)
The Frederick County Property Identification Number (PIN) of all lots included on the site plan.
(4)
The number and type of dwelling units included on the site plan for residential uses.
(5)
The total land area and total developed land area of all lots included on the site plan.
(6)
A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses.
(7)
A reference to any other site plan or master development plan approved by the County for the site.
(8)
The date the site plan was prepared and a list of all revisions made, including the date and a description of why the site plan was revised.
(9)
A table of contents including all pages of the site plan.
(10)
A list of all proposed utility providers, with their address, name and phone number.
(11)
An inset map showing the location of the site, along with the location of streets, roads and land uses within 500 feet of the property.
(12)
A statement listing all requirements and conditions placed on the land included in the site plan resulting from approval of conditional zoning or a conditional use permit.
(13)
A description of setbacks or conditions placed on the site as a result of an approved variance.
(14)
The name of the Magisterial District within which property is located.
B.
Calculations section.
(1)
Calculations showing the floor area ration (FAR) of the site, including the maximum allowed FAR, total ground floor area, total floor area, and total lot area.
(2)
Calculations showing the total number of required and proposed parking spaces, including the total number of existing and proposed spaces.
(3)
Calculations showing the total number of required handicap spaces, including the total number of existing and proposed spaces.
(4)
Calculations showing the total number of required loading spaces, including the total number of existing and proposed spaces.
(5)
Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees.
(6)
Calculations showing the percentage of the property that will be landscaped and the percentage of woodlands disturbed.
C.
Site plan and details section.
(1)
The location of all adjoining lots with the owner's name, specific use, zoning, and zoning boundaries shown.
(2)
The location of all existing or planned rights-of-way and easements that adjoin the property, with street names, widths, and speed limits shown.
(3)
All nearby entrances that are within 200 feet of any existing or proposed entrances to the site.
(4)
All existing and proposed driveways, parking and loading spaces, parking lots and a description of surfacing material and construction details to be used. The size and angle of parking spaces, aisles, maneuvering areas, and loading spaces shall be shown.
(5)
A North arrow.
(6)
A graphic scale and statement of scale.
(7)
A legend describing all symbols and other features that need description.
(8)
A boundary survey of the entire parcel and all lots included with distances described at least to the nearest hundredth of a foot.
(9)
The present zoning of all portions of the site, with the location of zoning boundaries.
(10)
The location of all existing and proposed structures, with the height, specific use, ground floor area, and total floor area labeled.
(11)
The location of all existing and proposed outdoor uses, with the height, specific use, and land area labeled.
(12)
Existing topographic contour lines at intervals acceptable to the Zoning Administrator. Proposed finished grades shall be shown by contour.
(13)
The location of the front, side, and rear yard setback lines required by the applicable zoning district.
(14)
The location and boundaries of existing environmental features, including streams, floodplains, lakes and ponds, wetlands, natural stormwater retention areas, steep slopes, and woodlands.
(15)
The location of outdoor trash receptacles.
(16)
The location of all outdoor lighting fixtures.
(17)
The location, dimensions, and height of all signs.
(18)
The location of required buffers, landscaping buffers, and landscaped screens, including examples, typical cross sections or diagrams of screening to be used. The location and dimensions of required fencing, berms, and similar features shall be specified.
(19)
The location of recreational areas and common open space.
(20)
The location of all proposed landscaping with a legend; the caliper, scientific name, and common name of all deciduous trees; the height at planting, scientific name, and common name of all evergreen trees and shrubs.
(21)
The height at planting, caliper, scientific name, and common name shall be provided for all proposed trees. The height at planting, scientific name and common name shall be provided for all shrubs.
(22)
The location of sidewalks and walkways.
(23)
The location and width of proposed easements and dedications.
(24)
A stormwater management plan describing the location of all stormwater management facilities with design calculations and details.
(25)
A soil erosion and sedimentation plan describing methods to be used.
(26)
The location and size of sewer and water mains and laterals serving the site.
(27)
Facilities necessary to meet the requirements of the Fire Code.
(28)
A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan.
(29)
A space labeled "Approved by the Frederick County Zoning Administrator" for the signature of the Zoning Administrator, approval date, and a statement that reads "site plan valid for five years from approval date."
D.
Minor site plans. A minor site plan may be submitted in lieu of a full site plan for additions to existing sites. A minor site plan shall constitute a revision that increases an existing structure area by 20% or less and does not exceed 10,000 square feet of disturbed area. Minor site plans, at a minimum, shall include the following information:
[Added 8-12-2015[1]; amended 1-11-2017]
(1)
A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development.
(2)
The name, address, and phone number of the landowner, developer, and designer.
(3)
The Frederick County Property Identification Number (PIN) of all lots included on the site plan.
(4)
The total land area and total developed land area of all lots included on the site plan.
(5)
A detailed description of the proposed use or uses of the development, as well as a description of the existing use or uses.
(6)
A reference to any other site plan or master development plan approved by the County for the site.
(7)
The date the site plan was prepared and a list of all revisions made, including the date and a description of why the site plan was revised.
(8)
A table of contents including all pages of the site plan.
(9)
An inset map showing the location of the site, along with the location of streets, roads and land uses within 500 feet of the property.
(10)
A statement listing all requirements and conditions placed on the land included in the site plan resulting from approval of conditional zoning or a conditional use permit.
(11)
A description of setbacks or conditions placed on the site as a result of an approved variance.
(12)
The name of the Magisterial District within which property is located.
(13)
Calculations showing the total number of required and proposed parking and loading spaces, including the total number of existing and proposed spaces.
(14)
Calculations showing the total number of required perimeter and interior trees required, including the number of provided trees. The Zoning Administrator shall determine the number of landscaping plants required, proportional to the additions shown on the minor site plan.
(15)
A signed seal of the certified Virginia land surveyor, architect, or engineer who prepared the plan.
(16)
Any other information determined by the Zoning Administrator necessary for the review of the minor site plan.
(17)
The Zoning Administrator may eliminate any of the above requirements on a minor site plan, if it is determined not to be warranted.
E.
Illustrative sketch plan. An illustrative sketch plan may be submitted in lieu of a site plan for farm wineries, farm breweries and farm distilleries or if required as part of a conditional use permit. Illustrative sketch plans, at a minimum shall include the following information:
[Added 8-12-2015]
(1)
A title that includes the name of the proposed or existing business and a subtitle which describes the proposed development.
(2)
The name, address, and phone number of the landowner, developer, and designer.
(3)
The Frederick County Property Identification Number (PIN) of all lots included on the sketch plan.
(4)
The total land area and total developed land area of all lots included on the sketch plan.
(5)
An illustrative sketch plan shall include a drawing of all aspects of the business operations on the site.
(6)
Size and dimensions of parking areas and signs, if any, location of any floodplains or other environmental features.
(7)
For cottage occupations, the sketch plan shall show the residence and all improvements associated with the cottage occupation.
(8)
Distances between on-site structures and adjacent residential structures and other buildings, the location and width of adjacent right-of-way, adjoining properties, and easements.
(9)
A statement listing all requirements and conditions placed on the land included in the sketch plan resulting from approval of a conditional use permit.
(10)
The name of the Magisterial District within which property is located.
(11)
The illustrative sketch plan need not be drawn to scale, nor does it have to be prepared by a licensed professional. However, distances from structure to adjacent lot lines must be accurately depicted.
F.
Other information or statements may be required on the site plan by the Zoning Administrator to ensure that all requirements of the Frederick County Code are met.
G.
All site plans shall conform with master development plans that have been approved for the land in question.
H.
When required, deed restrictions, deeds of dedication, agreements, contracts, guaranties or other materials shall be submitted with the site plan.
§ 165-802.04 Required improvements.
A.
All improvements and construction on the site shall conform with the approved site plan or illustrative sketch plan and the requirements of the Frederick County Code.
[Amended 8-12-2015]
B.
The Director of Planning and Development may require a monetary guaranty and performance agreement in accordance with the monetary guaranty policy adopted by the Board, to ensure the completion of required improvements.
[Amended 9-14-2022]