Frederick County Unincorporated
City Zoning Code

Glare. Outdoor lighting shall be in accordance with Part 807 of this chapter. Sources which produce harmful glare or ultraviolet rays, including arc welding or acetylene torches, shall be completely screened from view sufficiently to be imperceptible beyond the lot lines.

Radiation hazards. All uses handling radioactive materials shall conform with applicable local, state and federal regulations. No use shall be allowed which:

Electromagnetic interference. No use shall be allowed which creates electric disturbances which would adversely affect the operation of equipment beyond the lot line of the use.

Vibrations. No use shall be allowed which creates any vibration discernible for three minutes or more per hour. In no case shall vibrations exceed a maximum peak particle velocity of 0.05 inch per second.

Fire hazards. No use shall be allowed which does not conform with all applicable fire codes and the Frederick County Code concerning fire hazards and the storage of explosives.

Air pollution. No use shall be allowed which does not conform with the regulations of the Virginia State Air Pollution Control Board concerning the emissions of smoke, particulate matter, odors and other gaseous pollutants.

Water pollution. No use shall be allowed which does not conform with the regulations of the Virginia State Water Control Board and the Virginia Department of Health (VDH) concerning the discharge of liquid, toxic, or other wastes into surface waters or the soil.

Noise. Sound levels at the property line of a development shall not exceed 70 dba (A scale) within the B3, TM, M1, and M2 zoning districts.

Street tree landscaping.

Ornamental landscaping.

Tree preservation landscaping.

All required trees and shrubs shall meet the specifications and procedures established by the American Nursery and Landscape Association.

Only single-stem trees shall be planted as street trees.

Trees shall not be planted within easements for water, sewer, electric, or gas.

At planting, all plants shall be the minimum size provided in Table VIII-4.

Caliper shall be measured as:

Diameter at breast height (dbh) shall be measured at the height of 54 inches from the base of the trunk or as otherwise allowed in the Guide for Plant Appraisal.

The owner, developer, and/or builder who is responsible for planting required landscaping shall be responsible for maintaining it in a state of good health for one year after planting.

After one year, from the date occupancy is approved, the individual property owner and/or homeowner's association shall become responsible for maintenance.

In the estimated amount of the required improvements;

For a period of completion set by the Zoning Administrator with consultation with the applicant; and

Released when the required improvements have been completed.

If the intent of this Part is satisfied, including species type and location, existing trees that are preserved may be counted towards the total number of required trees for residential developments.

Commercial and industrial developments may utilize existing tree credits when calculating the required number of parking lot trees, as required in § 165-802.07 of this article, if the preserved trees are shown on an approved Site Plan and serve the intent of interior and perimeter landscaping.

The following table shows the credit given for each preserved tree, based on the tree's caliper:

Parking lots with 10 or fewer spaces in the RA district; and

All parking lots in the EM Zoning District.

One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site.

One tree shall be provided for every 5,000 square feet in excess of the first 100,000 square feet of the entire site.

The perimeter landscaping trees shall be reasonably dispersed throughout the parking lot.

A three-foot-tall evergreen hedge, fence, berm, or wall shall be provided to prevent headlights from shining on public ROWs and adjoining properties.

No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces.

Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay.

Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns.

The Zoning Administrator may:

Part of the buffer shall be inactive and part may be active. The inactive portion begins at the adjoining property line, as shown in Figures VIII-1 through VIII-6, below.

Landscape screening.

Full screen. A full screen provides all the elements listed in Subsection B(1), above, and also includes either a:

General.

Waivers, reductions, and modifications. The Board of Supervisors may waive, reduce, and/or modify the residential separation buffer requirements (distance or landscaping) if:

HE District.

MS District. The following shall apply to all master development planned area that is to be developed:

Exceptions for R4 and R5 Zoning Districts.

General reductions.

Zoning Administrator waivers, reductions, and modifications. The Zoning Administrator may:

Board of Supervisors waivers. The Board of Supervisors may grant a waiver:

Intent. Road efficiency buffers are intended to provide protection for residential structures from any street classified as a collector road or higher while still providing an attractive view of the residential neighborhoods from major roadways. It is not the intent of these regulations to provide uniform linear strips of completely opaque screening but to provide an attractive view of residential neighborhoods from major streets and ensure adequate buffering for the residential neighborhood from the street.

General. All residential structures shall be separated from interstate, limited access, primary, major arterial, minor arterial, or major collector roads, as designated by VDOT or the Frederick County Comprehensive Plan, in accordance with Table VIII-10, below.

Inactive portion.

Active portion.

Waivers and modifications.

Floodplains. Disturbance of floodplains is only permitted in accordance with the requirements of Article V, Part 503, of this chapter.

Lakes and ponds. Lakes, ponds, and impoundments shall remain undisturbed. The Zoning Administrator may allow the removal of a lake, pond, or impoundment if it serves no useful retention, environmental, or recreational purposes.

Riparian buffers.

Disturbance of wetlands, natural waterways, and riparian buffers.

Sinkholes. No disturbance of sinkholes is allowed other than filling with nonpolluting natural materials that will not contribute to groundwater pollution.

Natural stormwater retention areas. No more than 10% of natural stormwater retention areas on a site shall be disturbed. Natural stormwater retention areas may be replaced with the approval of the Zoning Administrator by artificial stormwater facilities if the total storage capacity of the site, as well as within each drainageway, is maintained. Natural stormwater retention areas which are floodplains, wetlands, lakes or ponds shall not be disturbed or replaced.

Steep slopes. No more than 35% of steep slopes, as defined by this chapter, shall be disturbed or regraded. The Zoning Administrator, through a written request made at time of Site Plan or subdivision design plan, may allow the disturbance of additional small areas where that disturbance will not significantly denigrate the overall environmental quality of the site.

In such circumstances, environmental easements, deeds of dedication, final subdivision plats, or other legal instruments approved by the Zoning Administrator shall be required to specify the restrictions to be placed on the environmental areas.

Any new structure or use is established;

There is a change to a use which has a greater parking requirement than the previous use; or

An existing structure and/or use is expanded or enlarged.

Within the RP, R5, and MH1 Zoning Districts, or any residential portion of an R4 or MS District, the parking of the following types of vehicles shall be prohibited:

The provisions of this section shall not apply to:

General. The Zoning Administrator may approve a reduction in required parking spaces in accordance with this section. Applications for such a reduction shall be submitted to the Zoning Administrator in conjunction with a Site Plan and include the following:

Captive market. Parking requirements for retail and restaurant uses may be reduced where the Zoning Administrator determines that some portion of the patronage of these businesses comes from other uses (i.e., employees of area offices patronizing restaurants) located within the same building or a maximum walking distance of 400 feet.

Parking for mixed uses and loading facilities. In the case of mixed principal uses or two or more buildings upon a single lot or unified parcel or upon contiguous parcels, the total requirements for parking and loading facilities shall be the sum of the requirements of the various uses computed separately.

Parking for a use on a lot may be located on an abutting lot if the zoning of the abutting lot is the same as the lot containing the use. When shared parking is provided on abutting lots, the following shall apply:

Shared by more than one dwelling or use; or

Required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district.

Alternative materials.

Grass and gravel. In the RA District, parking lots with 10 or fewer spaces shall be permitted to utilize gravel surfaces.

Reinforced grass. Reinforced grass systems or other suitable materials may be used for overflow parking areas and low-volume accessways for agricultural uses in the RA District and all uses in all other zoning districts.

Single-family attached and multifamily developments. Required off-street parking spaces shall be demarcated by four-inch durable white lines painted on the pavement or curb. Any other proposed color and size will require approval of the Zoning Administrator.

Commercial, office, and industrial developments. Full delineation by four-inch-wide lines painted on the pavement the full width of or length of the parking stall or parking spaces shall be required.

Other. Where paved parking areas are not required, delineation of parking spaces shall be by the use of individual wheel stops or other acceptable means for each unpaved parking space. Signs and pavement markings shall be utilized, as necessary, to ensure safe traffic movement and pedestrian access and to designate handicapped parking spaces.

Concrete curbing and gutters shall be installed around the perimeter of all parking lots. All curbing shall be a minimum of six inches in height.

When stormwater drains away from the curb, gutter pans shall not be required for parking areas that abut buildings when sidewalks with turndown curbing are used.

All parking lots shall comply with the requirements of Chapter 143, Stormwater/Erosion and Sediment Control, of the County Code.

In the B3, TM, M1, and M2 Districts, the use of header curb shall be permitted in areas where the use of gutters is not necessary for stormwater management purposes.

The Zoning Administrator may allow for the use of concrete bumpers instead of curbing for parcels located outside of the SWSA if the Site Plan provides for effective stormwater management and efficient maintenance.

The Zoning Administrator may allow for the elimination of curb and gutter for parcels located inside of the SWSA when necessary to implement low-impact development design. This shall only be permitted where practices such as bioretention, infiltration trenches, and rain gardens are used and only where it can be demonstrated that soil conditions are favorable, or if an adequate underdrain is included in the design and only when approved by the Director of Public Works.

At least 10 feet from any street or road ROW.

At least five feet from all other property lines, except in cases where more than one lot shares the parking lot.

In the M1 and M2 Districts, parking lots shall be located no closer than 10 feet to any minor or local street or road ROW and no closer than 25 feet to any collector or arterial street or road ROW.

In no case shall a parking lot be approved which requires that vehicles back from parking spaces onto public roads.

All parking lots shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and VDOT.

The width of driveways serving the parking lot shall be a minimum of:

All parking spaces and aisles shall be provided in accordance with Table VIII-12.

For other angles, the aisle width shall be the same as for the nearest angle in the above table.

Parking lots shall be designed to permit each vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle.

Utility poles, light standards, trash containers and similar structures shall not be permitted within any aisle or parking space.

Any structure located in a parking lot shall be surrounded on all sides abutting spaces or aisles by a six-inch concrete curb. The structure shall be separated from the curb by a distance of three feet.

Drive-in lanes shall be required for all drive-in or pickup facilities. Drive-in lanes shall be designed to provide for a minimum width of nine feet and a minimum stacking distance of 90 feet.

Canopy supports and raised concrete pads designed to support pneumatic tubes, automatic teller machines and other structures shall not be located within the area required for minimum drive-in lane widths.

All drive-in lanes shall be clearly separated from parking spaces, travel aisles, maneuvering areas and driveways.

The Zoning Administrator may reduce the minimum stacking distance of drive-in lanes for retail uses with less than 150 square feet of floor area if it can be demonstrated that the vehicular frequency for the use does not warrant multiple vehicle stacking.

The raised islands shall be bordered by a six-inch concrete or rolled asphalt curb.

All islands shall be at least nine feet wide and shall extend the length of the parking space or bay.

The islands shall be landscaped with grass, shrubs, or other vegetative materials, in accordance with Part 802 of this article.

The Zoning Administrator may waive or modify requirements for raised islands for parcels located outside of the SWSA when:

When a use is not specifically provided in Table VIII-13, the Zoning Administrator shall determine which of the categories to use to determine the spaces required, based on similarities between the characteristics of the uses and may use information provided by the applicant or other sources of information to determine the number of spaces required.

In cases where one or more uses share the same loading area, the loading spaces required shall equal the sum of the spaces required for the various uses.

Dimensions. Each required loading space shall be 12 feet wide and 45 feet long, with a vertical clearance of 14 feet.

Obstructions and structures. Loading spaces shall be designed to permit loading and unloading without requiring the moving of any parked motor vehicle. Utility poles, light standards, trash containers and similar structures shall not be permitted within loading spaces.

Access. In no case shall a loading space be approved which requires that a vehicle enter or back directly from loading spaces onto public roads. All loading spaces shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and the VDOT.

Surface materials and curb and gutter. Loading areas shall meet the surface material and curb and gutter requirements for one of the following categories:

RP, Residential Performance District;

R4, Residential Planned Community District;

R5, Residential Recreation Community District;

MH1, Manufactured Home Community District; and

MS, Medical Support District.

Lakes and ponds;

Floodplains;

Wetlands; or

Steep slopes.

Urban housing. In developments containing only single-family detached urban housing or single-family detached urban housing mixed with single-family detached traditional housing, the required open space may be waived by the Board of Supervisors under the following conditions:

Active recreational areas and amenities. The minimum required open space may be reduced for residential developments which provide active recreational areas and amenities, under the following conditions:

The Zoning Administrator may waive the community center requirement specified in Subsection B, above, in single-family small-lot subdivisions that contain less than 25 lots.

A composite playground system for school-age children with a minimum of eight play features and one swing set; or

Any recreational facilities may include:

Replacement of a fixture shall mean a change of fixture type, change to the mounting height or location of the fixture, or a change that results in a higher footcandle output.

Routine lighting fixture maintenance, such as changing lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar components;

Lighting fixtures and standards required by the Federal Communications Commission, Federal Aviation Administration, Federal and State Occupational Safety and Health Administrations, or other federal or state agencies, to include streetlights within a public or private right-of-way (ROW);

Outdoor lighting fixtures required by law enforcement, fire and rescue, the Virginia Department of Transportation or other emergency response agencies to perform emergency or construction repair work, or to perform nighttime road construction on major thoroughfares;

Lighting located on properties developed with residential or agricultural use, unless regulated by § 165-807.05B of this article, including but not limited to residential security lighting controlled and activated by motion sensors or timing devices;

Lighting for holiday decorative purposes; and

Lighting for civic activities, fairs or carnivals, provided that the lighting is temporary.

Plans indicating the location on the premises of all free-standing and building-mounted lighting fixtures, both proposed and already existing on the site, including a schematic layout of proposed outdoor lighting fixture locations that demonstrate adequate intensities and uniformity, and the light coverage resulting from the proposed lighting layout;

Description of all free-standing and building-mounted lighting fixtures, both proposed and existing, which shall include but are not limited to catalog cuts and illustrations by manufacturers that describe the equipment, including lamp types, wattage and initial lumen outputs, correlated color temperature (CCT), glare-control devices, lamps, proposed placement of all fixtures, including engineering detail of fixtures, manufacturer, model and installation of same;

Photometric data, such as that furnished by manufacturers or similar, showing the angle cutoff light emissions and glare-control devices;

Mounting height of all free-standing and building-mounted fixtures; and

Aiming angles and diagrams for recreational facilities lighting fixtures, including maximum angles for adjustable light sources.

All outdoor lighting fixtures shall be designed to be fully shielded, aimed, downcast (i.e., full-cutoff), located, and maintained to shield adjacent properties and to not produce or direct glare onto adjacent properties or road ROW.

The following shall be full-cutoff fixtures:

Flashing, revolving, or intermittent exterior lighting visible from any property line or street; and

Directional fixtures for advertisement purposes, such as but not limited to high-intensity beams, lasers, or strobe lights.

For multifamily residential and residential parking lots, use of a warm toned or filtered Correlated Color Temperature (CCT) not to exceed 3000 Kelvin (K).

For non-residential uses and high security areas, use of a neutral toned or filtered CCT not to exceed 4000 K.

All outdoor lighting fixtures shall meet the DarkSky International Approved Luminaries certification, Illuminating Engineering Society of North American (IESNA), or Zoning Administrator accepted equivalent certification for lighting products.

Free-standing pole-mounted light fixtures, including mounting base, shall not be more than 20 feet in parking areas within or adjacent to agricultural or residential uses, and shall not be more than 25 feet in height above finished grade where adjoining all other uses.

Building-mounted or wall-pack lighting fixtures shall not be mounted more than 20 feet above the finished grade of the building where the building face is adjacent to agricultural or residential uses and no more than 25 feet in height above finished grade where adjoining all other uses.

Light fixtures shall be:

The Zoning Administrator may allow light fixtures to be placed in alternative locations for uses such as motor vehicle display areas or storage areas so long as the intent of this Part is met.

Bollards shall be provided around the pole base where the fixture is sited outside of a landscaped island or perimeter green space.

Lighted recreational facilities shall conform to the requirements set forth in the most current editions of the Illuminating Engineering Society of North America (IESNA) RP-6 Recommended Practice for Sports and Recreational Area Lighting and the IESNA Lighting Handbook. Appropriate lighting criteria shall be selected based on the class of play of the facility and participants as defined by the IESNA.

Lighted recreational facilities in all zoning districts shall be turned off within 30 minutes after the last event or 11:00 p.m., whichever is earlier. No outdoor recreational facility, public or private, shall be illuminated after 11:00 p.m. except to conclude a specific activity or tournament which is in progress under such illumination prior to 11:00 p.m.

Lighting fixtures shall be installed to meet the criteria of a cutoff fixture and shall include internal and/or external glare-control louvers to minimize light trespass on adjoining properties and roadways. Lighting designs must ensure that horizontal illuminance at a distance of 150 feet from the edge of the field does not exceed 0.5 footcandle when measured horizontally at ground level. Furthermore, all lighting systems shall comply with recommended International Commission of Illumination (CIE) "Guide on the Limitation of the Effects of Obtrusive Light from Outdoor Lighting Fixtures," Table 2.3 (Maximum Values for Intensity of Luminaires in Designated Directions), to control off-site luminous intensity. Specifically:

Initial lighting levels shall not exceed the target levels specified by the IESNA by more than 30% to account for light loss factors such as lamp lumen depreciation and luminaire dirt depreciation.

All light fixtures/light poles shall not exceed the maximum height recommended by IESNA for the specific recreation facility.

General. The outdoor storage or processing of products, equipment, or raw materials is allowed in the business and industrial districts or in association with business uses allowed in any other zoning district only if the outdoor storage is directly associated with the primary uses of the property.

Exemptions. The regulations of this Part shall not apply to:

When permitted, the outdoor storage or processing shall be completely screened from the view of road and street ROW and from surrounding properties by a six-foot-tall opaque fence, wall, berm or evergreen screen.

Outdoor storage surface areas shall consist of asphalt, concrete, stone, gravel or any other impervious surface approved by the Zoning Administrator.

Outdoor storage and processing shall not be permitted in any required front setback yard.

The Zoning Administrator may require that the storage of hazardous materials or any materials which may contribute to contaminated runoff be fully enclosed. Where such materials are stored outdoors, they shall be contained within an impervious structure designed to contain spillage or contaminated runoff.

Landscaping shall not be required for impervious areas designated for outdoor storage.

When stored outdoors, outside of a legal landfill or trash heap, all trash, rubbish or garbage shall be stored in watertight, vermin-proof containers.

All commercial and industrial developments shall be provided with outdoor trash containers or other means of trash disposal.

Such trash containers shall not be located in the front yard areas of such uses and shall be located to avoid traffic conflicts with parked vehicles and general traffic.

Such containers shall be properly screened or separated from dwellings to avoid odors and other impacts.

Such trash containers shall be contained within a completely enclosed facility. The enclosure shall consist of a six-foot opaque fence or wall and an opaque gate.

The storage of inoperable motor vehicles and trailers outside of a completely enclosed building shall be prohibited in all zoning districts except for the RA Zoning District.

Inoperable motor vehicles and trailers permitted to be stored outside of a totally enclosed building shall be completely screened from public roads or surrounding properties.

Setting standards and providing uniform, scientifically based controls that permit reasonable use of signs and preserve the character of Frederick County;

Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to pedestrians and motorists;

Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion; and

Establishing a process for the review and approval of sign permit applications.

Signs that violate state or federal law; for example, unofficial traffic control devices as prohibited under Code of Virginia, § 46.2-831;

Signs with characteristics that create a safety hazard or are contrary to the general welfare;

Animated or flashing signs;

Signs painted directly onto the exterior of buildings;

Inflatable signs;

Roof signs; and

Snipe signs.

Address signs;

Official traffic signs and private road/drive signs;

Legal notices and other signs erected or required by a governmental agency;

Temporary signs;

Flag signs;

Directional signs;

Holiday and seasonal decorations;

Security and warning signs; and

Legal notices, such as posted service or notice of unfitness for habitation.

An application for a sign permit shall include:

Unless otherwise specified in § 165-809.04 of this article, all sign types shall not exceed five feet in height and four square feet in sign area and shall be pole mounted.

Sign height (except wall signs) shall be measured from the grade level of the adjacent street to which the land upon the sign is located.

All freestanding signs shall be a minimum of 10 feet from lot lines or property boundary lines.

Signs that are attached to buildings shall meet the required setbacks for that building.

The Zoning Administrator may allow two signs to be separated by less than 100 feet in order to allow the signs to share an appropriate location.

In such cases, the two signs must be separated from other signs by a distance of 100 feet plus the distance by which the separation between the two signs was reduced from the required 100 feet.

Lighting of temporary signs shall be prohibited.

Light sources to illuminate signs shall not:

For electronic signs, when operating, displays shall be static for a minimum of 15 seconds, and must not be animated by scrolling, flashing or other similar nonstatic displays.

Each sign shall have a light-sensing device that will automatically adjust the brightness of the display as the natural ambient light conditions change to comply with the limits established in this article.

Externally illuminated signs, where permitted, are subject to the following regulations:

Internally illuminated signs, where permitted, including neon lighting, shall be static in intensity and color.

All signs shall be maintained in a state of good repair. Signs that are damaged, structurally unsound or poorly maintained shall be repaired or removed within 30 days.

If an off-premises sign advertises a specific business, product, service, event, or activity that is no longer being operated or conducted or if a sign refers to a location where the advertised activities no longer exist, that sign will be considered abandoned and shall be removed within 30 days.

Size. Temporary signs may not exceed five feet in height and 50 square feet (SF).

Location. Temporary signs should comply with required setbacks as stipulated in § 165-808.03 and shall not be placed in any public ROW.

Permission. The party posting the temporary sign is solely responsible for obtaining permission of the property owner before posting their temporary sign.

Duration and removal. Temporary signs may be displayed up to 30 consecutive days, two times per year.

Other than the RA District, all monument signs shall be in accordance with Table VIII-20, below.

A monument sign may include an electronic sign as a component of the sign, provided that, if a property is allowed more than one sign, no more than one of its signs may include an electronic sign.

In all zoning districts, only monument signs and multi-tenant complex signs shall be allowed off-premises. No other types of signs shall be permitted off-premises.

Such signs shall be allowed only if a Conditional Use Permit (CUP) for that sign has been granted. Conditions which may be placed on off-premises signs may include, but not be limited to, the following:

Off-premises signs must be properly separated from each other to avoid clutter along road corridors, and in no case may be less than the regulations of § 165-809.03.

General. For parcels within RA, RP, MH1, R4, and R5 Districts with an allowed by-right use (excluding residences) or an approved CUP, signs shall be in accordance with Table VIII-23.

Subdivision identification signs. For residential developments, the maximum size and number of signs that the owner or owners of the residential development may erect and maintain at the entrances to the development are subject to the following requirements:

Cottage occupations. In areas with an approved CUP for cottage occupations, for each lot or parcel containing a residence, one sign, in addition to any other sign permitted, shall be permitted for the cottage occupation, in accordance with the following:

When permitted. Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements when:

Design. Chain-link fencing with slats shall:

Prohibited.

A harmonious coordination of uses, architectural styles, signs, and landscaping shall be provided to ensure the aesthetic quality and value of the development.

Architectural styles should avoid massive, monolithic, or repetitive building types and facades. No portion of an unpainted concrete block or unpainted sheet metal building shall be visible from roads or surrounding properties.

Appropriate landscaping shall be provided or required through deed restrictions, dedications, agreements, contracts, guaranties, or other means throughout the development.

Deed restrictions, dedications, agreements, contracts, guaranties, or other means used to ensure the above shall provide specific standards and means for enforcement.

The Zoning Administrator shall not control the particular designs, styles, or methods used as long as the requirements of this chapter have been met.

Such temporary manufactured homes may be used on a lot where a single-family home is being constructed only if an affidavit is provided to the Zoning Administrator stating that the manufactured home will be removed before a final CO is issued for the single-family home.

In such cases, a permit shall be obtained for the manufactured home and the manufactured home shall meet all requirements of the Frederick County Code.