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Frederick County, VA
 
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[Added 6-25-2008]
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.
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.
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).
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)
45
Maximum (number) of habitable floors
3
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.
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.
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.
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.
B. 
All other regulations concerning master development plans shall be as required in Article VIII of this chapter.
A. 
Projecting signs. Signs which project from the face of the building shall be permitted subject to the following:
(1) 
The maximum sign area shall be six square feet on any side of the building.
(2) 
The distance from the lower edge of the signboard to the ground shall be eight feet or greater.
(3) 
The height of the top edge of the signboard shall not exceed the height of the wall from which it projects for single-story buildings, or the height of the sill or bottom of any second-story window for multi-story buildings.
(4) 
The distance from the building to the signboard shall not exceed six inches.
(5) 
The width of the signboard shall not exceed three feet.
B. 
Awning signs. Where awnings are provided over windows or doors, awning signage is permitted with the following provisions:
(1) 
Maximum of eight square feet of signage area on an awning.
(2) 
No backlit awnings are allowed.
C. 
Wall-mounted signs 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.