This Part 201 establishes various regulations controlling the area, bulk, height, location, spacing, density and intensity of the various allowed uses, structures and lots.
A. 
No structure shall be placed in the front, side or rear yard setback areas specified by this chapter.
B. 
The setback for structures is measured from the lot lines of the lots containing the structure. When a lot is adjacent to a road or street right-of-way, the setback shall be measured from the boundary of the right-of-way. Front yard setbacks shall be required wherever a lot abuts a road or street right-of-way. Where a lot abuts a public street or road with a right-of-way width less than would normally be required to create such a road, additional front setback distances may be required to allow for expansion or improvement of that road. In addition, when improvement plans have been adopted for a road or street by the County, additional front setback distances shall be required to allow for the planned road improvement. The additional front setback distances provided on any lot shall be equal to 1/2 of the additional right-of-way width needed to meet the normally required right-of-way width or planned right-of-way width.
C. 
Exceptions to front yard setbacks. Where the average front yard setback distance for adjacent lots is less than the minimum required front yard, the Zoning Administrator may allow a front yard setback distance less than normally required on the lot to be developed. In such cases, the front setback distance for the lot to be developed shall be the average of the minimum front setback distances on developed lots on the same street or road within 200 feet of the lot to be developed.
D. 
Corner lots. On a lot with more than one side abutting a street or road, front setback yards shall be provided wherever the lot abuts a street. To determine the location of side and rear boundaries, the front shall be deemed to be the shortest side with frontage on the street or road. The rear boundary, with a required rear yard setback, shall be deemed to be opposite from the front side. All other sides not abutting a street shall be deemed to be side boundaries. The Zoning Administrator may determine that a side other than the shortest is the front in order to ensure that the placement of the setback yards conforms with the placement of structures on surrounding lots. In all cases, a front and rear yard shall be designated.
E. 
Accessory uses. Side and rear yard setback distances may be established separately by the district regulations for accessory uses. However, in no case shall the accessory use be placed within the front setback yard required for the primary use on the lot.
F. 
Extensions into setback yards. The following features may extend into setback yards as described:
(1) 
Air conditioners and similar equipment. Air conditioners, heat pumps and similar mechanical equipment that are attached to the primary structure may extend three feet into any side or rear yard area but shall not be closer than five feet to any lot line.
(2) 
Architectural and structural features. Cornices, canopies, awnings, eaves, gutters or other similar overhanging features which are at least eight feet above the grade may extend three feet into any required yard setback area. Chimneys, sills, headers, belt courses and similar structural features may extend three feet into required yard setback areas.
(3) 
Porches and related features. In the RA and MH1 Zoning Districts, balconies, porches, stoops, decks, bay windows, steps and stairways which comprise less than 1/3 of the length of the wall of the primary structure may extend three feet into a required setback yard. In no case shall such features be closer than five feet to a lot line.
[Amended 1-23-2013; 1-13-2016]
(4) 
Retail petroleum pumps. Retail petroleum pumps and canopy supports shall be located at least 20 feet from any road right-of-way boundary. The canopies covering the petroleum pumps shall be no closer than five feet to any road right-of-way.
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection F(5), concerning decks attached to townhouses and weak-link townhouses, added 8-9-1995, was repealed 1-23-2013. See now the dimensional requirements in § 165-402.09H.
(6) 
Storage sheds which are attached to townhouses that can only be accessed through an outer entrance and do not exceed 1/4 the width of the dwelling unit may extend 10 feet into a rear or perimeter setback area or the active portion of a required buffer area.
[Added 8-9-1995; amended 1-23-2013]
(7) 
Protective entrance canopies. Protective entrance canopies and support columns which are attached to the primary structure may extend into the front yard setback areas for the following uses: funeral homes, schools, churches, day-care facilities and libraries. The purpose of such canopies is to provide protection to patrons from the elements of weather as the patron enters or exits the structure. In no case shall the canopy or its structure be located closer than 20 feet from a road right-of-way boundary.
[Added 4-12-1999]
(8) 
Handicap-accessible ramps. An unroofed handicap-accessible ramp shall be permitted to encroach into a required yard when there are no other reasonable alternatives for the location of such ramp on the property or other means of ingress/egress into or from the residence as determined by the Frederick County Zoning Administrator.
[Added 3-12-2008]
G. 
Fences, freestanding walls and berms shall be exempt from the setback requirements.
[Amended 6-9-1993]
H. 
Structural location survey requirements. The following survey requirements shall be complete for applicable primary and accessory structures within all zoning districts as described:
[Added 4-24-1996[2]]
(1) 
A surveyor licensed in the Commonwealth of Virginia shall establish the location of any primary structure that is located five feet or less from any minimum setback requirement.
(2) 
A surveyor licensed in the Commonwealth of Virginia shall establish the location of any accessory structure occupying an area of 500 square feet or greater that is located five feet or less from any minimum setback requirement.
(3) 
Information verifying the footing location stakeout shall be provided on the appropriate building permit setback report prior to the approval of the footing for the primary or accessory structure. The surveyor of record shall complete the required information on the building permit setback report and affix his or her professional seal containing the appropriate signature and date. The building permit setback report containing the required footing location stakeout surveyor information shall be posted on the construction site with the building permit hard card at the time of the footing inspection.
(4) 
A midconstruction survey shall be prepared by the surveyor of record once the rough framing of the primary or accessory structure is in place. Rough framing shall include the foundation, all exterior walls and the roof system. The surveyor of record shall complete the required information on the building permit setback report and affix his or her professional seal containing the appropriate signature and date. The building permit setback report containing the required midconstruction surveyor information shall be provided to the Department of Engineering and Inspections prior to the issuance of a certificate of occupancy permit by the Building Official.
[2]
Editor's Note: This ordinance also provided that it shall take effect 7-1-1996.
[Amended 4-10-1991]
A. 
No structure shall exceed the height limitations described in this chapter.
B. 
Exceptions to height requirements.
(1) 
The maximum height requirements shall not apply to the following:
(a) 
Barns and silos.
(b) 
Belfries.
(c) 
Bulkheads.
(d) 
Chimneys.
(e) 
Church spires and towers.
(f) 
Flagpoles.
(g) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(1)(g), Monuments, was repealed 5-23-2007.
(h) 
Domes and skylights.
(i) 
Masts and aerials.
(j) 
Radio and television transmission towers and commercial telecommunication facilities.
[Amended 4-9-1997]
(k) 
Smokestacks and cooling towers.
(l) 
Utility poles and towers.
(m) 
Water tanks.
(n) 
Windmills.
(2) 
Parapet walls may be up to four feet above the height of the building on which the walls rest.
(3) 
Solar collectors, air conditioners and other mechanical equipment may exceed the height limitations if they are screened from the public view of surrounding properties and rights-of-way.
(4) 
Automated storage facilities in the TM, M1 and M2 Zoning Districts and automated manufacturing facilities in the M1 and M2 Zoning Districts shall be exempt from the maximum height requirement. Such exemptions shall be approved by the Frederick County Fire Marshal. In no case shall the height of these facilities exceed 100 feet in height unless waived by the Board of Supervisors in accordance with § 165-601.02.
[Amended 11-18-2009; 11-13-2013; 3-8-2023]
(5) 
All of the above exceptions shall be allowed only if they accomplish the purpose for which they are intended, if they are not intended for human occupancy and if they do not infringe on the solar access of surrounding properties.
(6) 
General office buildings in the B2 and B3 Zoning Districts and hotel and motel buildings in the B2 Zoning District shall be exempt from the maximum height requirement of those zoning districts. In no case shall the height of such buildings exceed 60 feet. When such exemptions are proposed adjacent to existing residential uses, the Board of Supervisors shall review the site development plan pursuant to the provisions of § 165-203.02A(3).
[Added 3-8-2000[2]; amended 9-26-2012]
[2]
Editor's Note: This ordinance also provided for the renumbering of former Subsection B(6) as Subsection B(7).
(7) 
Buildings used for schools without residential components may exceed the maximum height of the underlying zoning district. The only portions of buildings used for schools without residential components that may exceed the height in the underlying zoning district are those which are accessory and inconsequential to the primary function of the building. In no case shall any portion of the building exceed 75 feet in height.
[Added 6-11-2003[3]]
[3]
Editor's Note: This ordinance also provided for the renumbering of former Subsection B(7) as Subsection B(8).
(8) 
If any of the above exceptions exceed the height limitation of the proposed zoning district, the structure shall be required to be set back the normal setback or required buffer distance plus one foot for every foot over the maximum allowed height of that zoning district.
[Added 6-9-1993; amended 3-8-2000]
(9) 
In the B3 (Industrial Transition) Zoning District, uses may exceed the height limitation so long as all front, side and rear setbacks conform to the setback requirements for the M1 (Light Industrial) Zoning District. In no case shall any structure in the B3 Zoning District exceed 45 feet in height.
[Added 11-12-2008]
A. 
All lots created shall conform with the size and dimensional requirements established by this chapter.
B. 
Number of dwellings on a lot. Except where specifically allowed by this chapter, no more than one dwelling shall be allowed on a lot. A separate entrance, together with separate equipment, including a sink, stove or other kitchen or sanitary facilities, shall be prima facie evidence that separate occupancy exists and that a separate dwelling exists.
[Amended 8-9-1990; 6-9-1993; 12-10-2008]
When permitted secondary or accessory uses that are normally or typically found in association with the allowed primary use shall be allowed on the same parcel or lot as the primary use, secondary uses shall meet the requirements of this section as well as any particular standard imposed on such use.
A. 
Agricultural accessory uses. The selling or processing of agricultural products produced on the premises shall be considered to be accessory to an agricultural use. On bona fide, operating farms, temporary or permanent housing for workers actively working on the farm shall be an allowed accessory use.
B. 
Accessory dwellings. One accessory dwelling shall be allowed with any single-family dwelling as long as the following conditions are met:
(1) 
The floor area of the accessory dwelling shall be no more than 25% of the gross floor area of the primary residential structure on the lot.
(2) 
In the RP Residential Performance, MH1 Mobile Home Community and R4 Residential Planned Community Districts, accessory dwellings shall only be allowed if they are attached to the primary residential structure.
(3) 
In no case shall a mobile home be allowed as an accessory dwelling in the RP Residential Performance District, R4 Residential Planned Community District and R5 Residential Recreational Community District.
C. 
Dwellings in a business. One accessory dwelling shall be allowed with any business or industrial use only so long as it is occupied by the owner of the business or industry, an employee or a watchman.
D. 
Child day-care services. Child day-care services and facilities shall be allowed in the M1 Light Industrial District as an accessory or secondary use to any allowed use or group of allowed uses in an industrial park.
[Amended 9-23-2009]
E. 
In no case shall a mobile home or temporary trailer be allowed as an accessory use, unless it is used for temporary or permanent housing on a bona fide, operating farm.
F. 
Secondary or accessory uses shall be permitted by right in the B1, B2, B3, TM, M1 and M2 Districts, but only in conjunction with and secondary to a permitted principal use. The square footage or area occupied by secondary uses cumulatively shall not exceed 25% of the gross floor area of the related principal use. In the B3, TM, M1 and M2 Districts, no more than 15% of the gross floor area of the principal use may be used for accessory retail sales, and in no case shall the accessory retailing component exceed 2,000 square feet. The square footage devoted to accessory retail sales shall be included in calculating the limit of 25% on secondary uses.[1]
[Amended 9-23-2009; 3-8-2023]
[1]
Editor's Note: Former Subsection G, Secondary uses in the OM, M1 and M2 Districts, which immediately followed this subsection, was repealed 9-23-2009.
[Amended 6-9-1993; 9-12-2001; 12-14-2005; 2-13-2008; 11-10-2010; 5-10-2023]
A. 
Signs perform an important function in identifying and promoting properties, businesses, services, residences, events, and other matters of interest to the public. The intent of this section is to regulate all signs within the County to ensure that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment, and protective of the public health, safety, and general welfare by:
(1) 
Setting standards and providing uniform, scientifically based controls that permit reasonable use of signs and preserve the character of Frederick County.
(2) 
Prohibiting the erection of signs in such numbers, sizes, designs, illumination, and locations as may create a hazard to pedestrians and motorists.
(3) 
Avoiding excessive conflicts from large or multiple signs, so that permitted signs provide adequate identification and direction while minimizing clutter, unsightliness, and confusion.
(4) 
Establishing a process for the review and approval of sign permit applications.
B. 
Any sign erected, altered, or maintained after the effective date of this section must conform to the following regulations:
(1) 
Signs prohibited and permitted.
(a) 
Signs and characteristics prohibited in all districts. The following signs are unlawful and prohibited in all zoning districts:
[1] 
Signs that violate state or federal law; for example, unofficial traffic control devices as prohibited under § 46.2-831 of the Virginia Code.
[2] 
Signs with characteristics that create a safety hazard or are contrary to the general welfare.
[3] 
Certain sign types. Signs that are:
[a] 
Animated or flashing signs.
[b] 
Signs painted directly onto the exterior of buildings.
[c] 
Inflatable signs.
[d] 
Roof sign.
[e] 
Snipe signs.
(b) 
Signs allowed in all districts. The following signs are allowed without a sign permit and will not be included in the determination of the type, number, or area of permanent signs allowed within a zoning district, provided such signs comply with the regulations in this section, if any:
[1] 
Address signs.
[2] 
Government/regulatory signs.
[3] 
Official traffic signs and private road/drive signs.
[4] 
Signs erected or required by a governmental agency.
[5] 
Temporary signs.
[6] 
Flag signs.
[7] 
Directional signs.
[8] 
Holiday and seasonal decorations.
[9] 
Security and warning signs.
[10] 
Legal notices, such as posted service or notice of unfitness for habitation.[1]
[1]
Editor's Note: Former Subsection B(1)(c), regarding signs allowed in certain districts, which immediately followed this subsection, was repealed 1-24-2024.
(2) 
General regulations of all signs.
(a) 
Sign location. All freestanding signs must be set back at least 10 feet from lot lines or property boundary lines. Signs that are attached to buildings must meet the required setbacks for that building.
(b) 
Sign spacing. The minimum distance separating signs is 100 feet. 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.
(c) 
Sign illumination.
[1] 
Signs may be illuminated, unless otherwise specified herein, subject to and consistent with the following standards:
[a] 
Light sources to illuminate signs are neither to be visible from any street right-of-way, nor cause glare hazardous or distracting to pedestrians, vehicle drivers, or adjacent properties.
[b] 
Flashing, revolving, scrolling or intermittent light visible from any property line or street is prohibited.
[c] 
For electronic signs, when operating, displays must be static for a minimum of 15 seconds, and must not be animated by scrolling, flashing or other similar nonstatic displays.
[d] 
Each sign must 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 set here within.
[2] 
Types of illumination. Where permitted, illumination may be:
[a] 
External. Externally illuminated signs, where permitted, are subject to the following regulations:
[i] 
The source of the light must be concealed by translucent covers.
[ii] 
External illumination must be by a steady, stationary light source, shielded and directed solely at the sign. The light source must be static in color.
[b] 
Internal. Internally illuminated signs, where permitted, are subject to the following regulations:
[i] 
Internal illumination, including neon lighting, must be static in intensity and color.
(d) 
Maintenance. All signs must be maintained in a state of good repair. Signs that are damaged, structurally unsound or poorly maintained must be repaired or removed within 30 days.
[1] 
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 to be abandoned and must be removed within 30 days.
(e) 
Sign permits.
[1] 
Before a sign may be constructed, reconstructed or altered, a sign permit must be obtained from the Frederick County Building Official.
[2] 
An application for a sign permit must include:
[a] 
A description of the sign indicating the number, size, shape, dimensions, and colors of the sign.
[b] 
A schematic drawing of the site showing the proposed location of the sign in relation to nearby buildings and streets.
[c] 
The number of signs on the site.
(3) 
Regulations by sign type.
(a) 
Temporary signs. Temporary signs, as defined in this section, located on private property, are exempt from standard sign permit requirements. Temporary signs that comply with the requirements in this subsection will not be included in the determination of the type, number, or area of signs allowed on a property.
[1] 
Size. Temporary signs may not exceed five feet in height and 50 square feet (SF).
[2] 
Location. Temporary signs should comply with required setbacks as stipulated above and should not be placed in the public rights-of-way.
[3] 
Permission. The party posting the temporary sign is solely responsible for obtaining permission of the property owner before posting their temporary sign.
[4] 
Duration and removal.
[a] 
Temporary signs may be displayed up to 30 consecutive days, two times per year.
[b] 
Illumination. Illumination of any temporary sign is prohibited.
(b) 
Monument signs.
[1] 
Number. One monument sign is permitted for all properties.
[2] 
Height. Other than the RA (Rural Areas) Zoning District, all monument signs located in other zoning districts will be permitted to establish a maximum sign height reflective of the roadway which the site's entrance is located on, as such:
[a] 
Sign height will be measured from the grade level of the adjacent street to which the land upon the sign is located.
[b] 
Signs along arterial roads must not exceed 25 feet in height.
[c] 
Signs along collector roads must not exceed 15 feet in height.
[d] 
Signs along all other roads must not exceed 12 feet in height.
[e] 
In developments utilizing a multi-tenant complex sign, all other signs should not exceed 12 feet in height.
[3] 
Size. Other than the RA (Rural Areas) Zoning District, all monument signs located in zoning districts will be permitted to establish a maximum sign area reflective of the adjacent roadways' classification, as such:
[a] 
Signs along arterial roadways must not exceed 150 square feet.
[b] 
Signs along collector roadways must not exceed 100 square feet.
[c] 
Signs along other roads must not exceed 50 square feet.
[d] 
In development utilizing a multi-tenant complex sign, on-site monument signs must not exceed 50 square feet.
[4] 
Illumination. All monument sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
(c) 
Multi-tenant complex signs.
[1] 
Number. The following regulations apply to the number of multi-tenant complex signs permitted in certain districts:
[a] 
One per 1,200 linear feet of road frontage per development in all districts where allowed.
[b] 
The M1 and M2 Zoning Districts will be limited to one per property.
[2] 
Height. Multi-tenant complex signs shall not exceed the following maximum sign heights, based on the roadway on which the site's entrance is located:
[a] 
Signs along arterial roads must not exceed 25 feet in height.
[b] 
Signs along collector roads must not exceed 15 feet in height.
[c] 
Signs along all other roads must not exceed 12 feet in height.
[3] 
Size. Multi-tenant complex signs located in zoning districts other than the RA (Rural Areas) Zoning District shall not exceed the following maximum sign area, based on the adjacent roadway's classification on which the site's entrance is located, as such:
[a] 
Signs along arterial roadways must not exceed 150 square feet.
[b] 
Signs along collector roadways must not exceed 100 square feet.
[c] 
Signs along other roads must not exceed 50 square feet.
[4] 
Illumination. All multi-tenant sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
(d) 
Wall-mounted signs.
[1] 
Height. Wall-mounted signs must not exceed the maximum height requirement for the zoning district in which they are located. General office buildings and hotel or motel buildings allowed to exceed the general height requirements for the underlying zoning district as per § 165-201.03B(6) (height limitations, exceptions) are allowed wall-mounted signs with a maximum height not to exceed the maximum height requirement of § 165-201.03B(6).
[2] 
Size. Wall-mounted business signs shall be permitted 1 1/2 square feet of sign area for each linear foot of building frontage or 25 square feet, whichever is greater, provided that the total area of any one wall-mounted business sign or signs does not exceed 200 square feet. In situations where there is more than one building user, such as in the diagram below, each user shall be permitted a sign area proportionate to their frontage using the above calculation.
165 Wall Mounted Sign.tif
[3] 
Location. Wall-mounted signs may be located on any wall face.
[4] 
Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
(e) 
Electronic signs.
[1] 
Number. 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.
[2] 
Height. Electronic signs must comply with the height requirements for monument signs.
[3] 
Size. Electronic signs must comply with the size requirements for monument signs.
[4] 
Location. Electronic signs must comply with the location requirements for monument signs.
[5] 
Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
(f) 
Off-premises signs. In all zoning districts only monument signs and multi-tenant complex signs will be allowed off-premises. No other type of off-premises sign is allowed. Such signs will be allowed only if a conditional use permit for that sign has been granted. Conditions which may be placed on off-premises signs may include, but not be limited to, the following:
[1] 
Appropriate separation must be provided between the off-premises sign and surrounding residences and other uses. The Board of Supervisors may require that such signs not be visible from surrounding residences.
[2] 
Off-premises signs must be limited to a size, scale and height that does not detract from surrounding properties and uses, and in no case may exceed the size and height regulations set forth in § 165-201.06 for signs.
[3] 
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 set forth in § 165-201.06B(2)(b).
(g) 
All other signs. All other sign types (i.e., signs permitted in all districts) not specified above must not exceed five feet in height and four square feet in sign area and must be pole mounted.
(4) 
Specific sign regulations by zoning district.
Table 1: Sign Types Permitted by Zoning District
Sign Type
RA District
RP, R4 and R5 Districts
Business and Industrial Districts
Temporary signs*
X
X
X
Monument signs
X
X
X
Multi-tenant complex signs
X
Wall-mounted signs
X
X
X
Electronic message signs
X
X
X
Off-premises signs**
X
X
X
NOTES:
*
Temporary signs do not require a sign permit, and may be displayed up to 30 consecutive days, two times per year.
**
Off-premises signs require a conditional use permit.
(a) 
RA (Rural Areas) District. For parcels in the RA District with an allowed by-right use (excluding residences) or an approved conditional use permit (CUP) the maximum size and number of signs that the owner or owners of the property may erect and maintain at the entrances to the property are subject to the following requirements:
[1] 
Signs in the RA District may be pole-mounted, hanging or monument style signs.
[2] 
Number. One sign is permitted per parcel.
[3] 
Height. Signs in the RA District must not exceed eight feet in height.
[Amended 1-24-2024]
[4] 
Size. Signs in the RA District must not exceed 50 square feet in sign area.
[5] 
Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
(b) 
RA (Rural Areas), RP (Residential Performance), MH1 (Mobile Home Community District), R4 (Residential Planned Community) and R5 (Residential Recreational Community) Districts.
[1] 
Other than subdivision identification signs permitted at the development entrance, the only other signs permitted are as provided in Subsection B(3)(g) above. 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:
[a] 
Subdivision identification signs must be monument style signs.
[b] 
Number. One subdivision identification sign per entrance.
[c] 
Height. Subdivision identification signs must not exceed eight feet in height.
[d] 
Size. Subdivision identification signs must not exceed 32 square feet in sign area.
[e] 
Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
[2] 
In areas with an approved conditional use permit for cottage occupations, for each lot or parcel containing a residence, one sign, in addition to any other sign permitted for the lot or parcel, not to exceed five feet in height nor four square feet in area, such as a cottage occupation sign, is allowed. Signs may be pole-mounted, hanging or monument style signs. Illumination of such signs is prohibited.
[3] 
For parcels in the RP, MH1, R4 and R5 Districts with an allowed by-right use (excluding residences) or an approved conditional use permit (CUP) the maximum size and number of signs that the owner or owners of the property may erect and maintain at the entrances to the property are subject to the following requirements:
[a] 
Signs in the RP, MH1, R4 and R5 Districts must be monument style signs.
[b] 
Number. One sign is permitted per parcel.
[c] 
Height. Signs in the RP, MH1, R4 and R5 Districts must not exceed four feet in height.
[d] 
Size. Signs in RP, MH1, R4 and R5 Districts must not exceed 25 square feet in sign area.
[e] 
Illumination. All sign illumination must comply with requirements outlined in § 165-201.06B(2)(c), Sign illumination.
[Added 8-12-2009]
The purpose and intent of this section is to establish outdoor lighting standards that reduce the impacts of glare, light trespass and overlighting; promote safety and security; and encourage energy conservation.
A. 
Applicability and general provisions. Except as provided in Subsection F of this section, these standards shall apply to the installation of new outdoor lighting fixtures or the replacement of existing fixtures. Replacement of a fixture shall mean a change of fixture type or change to the mounting height or location of the fixture. Routine lighting fixture maintenance, such as changing lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar components, shall not constitute replacement and shall be permitted, provided such changes do not result in a higher footcandle output.
B. 
General outdoor lighting standards.
(1) 
All outdoor lighting fixtures shall be designed, shielded, aimed, located and maintained to shield adjacent properties and to not produce glare onto adjacent properties or road rights-of-way. Parking lot fixtures and light fixtures on buildings shall be full-cutoff fixtures. Within residential developments, the Zoning Administrator may approve alternate parking lot fixtures so long as the intent of this section is met.
(2) 
Flashing, revolving, or intermittent exterior lighting visible from any property line or street shall be prohibited. Directional fixtures for advertisement purposes, such as but not limited to high-intensity beams, lasers or strobe lights, shall be prohibited. When permitted, directional fixtures shall be installed or aimed so that they do not shine skyward and to ensure that the light source is not visible from adjacent properties or road rights-of-way.
(3) 
Light fixtures, including mounting base, shall not be more than 25 feet in height above finished grade. On land in the M1 (Light Industrial), M2 (Industrial General), EM (Extractive Manufacturing) and TM (Technology-Manufacturing) Zoning Districts that is contained within an approved master development plan, the Zoning Administrator may allow light fixtures to exceed 25 feet in height if additional security is required, provided that the site is not adjacent to property used for residential or agricultural uses. In no case shall light fixtures in the M1, M2, EM and TM Districts exceed 45 feet in height.
[Amended 3-8-2023]
(4) 
Light fixtures shall be placed outside of the paved areas of a site. Lighting fixtures shall be placed within landscaped islands or in the perimeter green space of the site. 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 section is met.
(5) 
Building-mounted or wall-pack lighting fixtures shall not be mounted more than 25 feet above the finished grade of the building. These fixtures shall be shielded (full-cutoff) so that the light source is not visible from adjacent properties or road rights-of-way. Non-cutoff wall-pack lighting fixtures shall not be permitted.
(6) 
All lighting shall be oriented not to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets.
(7) 
Lighting used to illuminate flags, statues, signs or any other objects mounted on a pole, pedestal or platform, spotlighting or floodlighting used for architectural or landscape purposes shall consist of full-cutoff or directionally shielded lighting fixtures that are aimed and controlled so that the directed light shall be substantially confined to the object intended to be illuminated. Directional control shields shall be used where necessary to limit stray light and to ensure that no light source is visible from or causes glare on adjacent properties or road rights-of-way.
C. 
Photometric plan requirements.
(1) 
A photometric lighting plan shall be submitted and approved in conjunction with any site plan required by Article VIII or subdivision design plan as required by Chapter 144 of the Frederick County Code. A photometric plan submitted with site plans shall be current (less than 60 days old) and must be certified by the National Council on Qualifications for the Lighting Professions (NCQLP), or a Virginia licensed professional engineer, architect, landscape architect or land surveyor.
(2) 
All such required plans shall include the following:
(a) 
Plans indicating the location on the premises of all 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.
(b) 
Description of all 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, glare-control devices, lamps, proposed placement of all fixtures, including engineering detail of fixtures, manufacturer, model and installation of same.
(c) 
Photometric data, such as that furnished by manufacturers or similar, showing the angle cut-off light emissions and glare-control devices.
(d) 
Mounting height of all fixtures.
D. 
Outdoor lighting standards for nonresidential uses.
(1) 
The average maintained lighting levels for nonresidential uses shall not exceed the following standards, unless a lower limit is set forth in this subsection:
(a) 
Five footcandles for parking lots and loading areas.
(b) 
Ten footcandles along fronts of buildings and along main drive aisles.
(c) 
Twenty footcandles for high-security areas, such as, but not limited to, automated teller machines (ATMs), motor vehicle display areas and vehicle fuel station canopies, but not including parking lots.
(2) 
Light fixtures under fuel station canopies or any other canopy shall consist of full-cutoff lighting fixtures where the light source is either completely flush or recessed within the underside of the canopy. The portions of the canopy not included in the sign area shall not be illuminated. All canopy lighting shall be recessed sufficiently so as to ensure that no light source is visible from or causes glare on adjacent properties or road rights-of-way.
(3) 
Lighting levels shall not exceed 0.2 footcandle at any common property line with property zoned, used as or planned for residential or agricultural uses. In addition, all light poles shall be equipped with supplemental opaque shielding on the residential property side of the lighting fixture to reduce glare caused by direct light source exposure.
(4) 
Lighting levels shall not exceed 5.0 footcandles at any common property line with property zoned or used for commercial or industrial uses, and at any edge of a property line adjacent to a road right-of-way.
E. 
Outdoor lighting standards for multifamily uses and residential parking lots.
(1) 
The average maintained lighting levels for multifamily developments shall not exceed 0.5 footcandle at property line boundaries, except as follows:
(a) 
At any property line boundary with property zoned, used, or planned for residential or agricultural purposes: 0.2 footcandle; and
(b) 
At any edge of a property line adjacent to a road right-of-way: five footcandles.
(2) 
The average maintained lighting levels at buildings, parking lots, and other areas besides at property line boundaries set forth in Subsection E(1) shall not exceed 10 footcandles.
F. 
Lighting standards for recreational facilities in all zoning districts.
(1) 
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.
(2) 
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.
(3) 
Lighting fixtures shall be installed to meet the criteria of a cutoff fixture and shall include internal and/or external glare-control louvers.
(4) 
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.
(5) 
All light fixtures/light poles shall be set back a minimum of one foot for every foot in height from any residential or agricultural property line or road right-of-way.
G. 
Exemptions from Lighting Ordinance. The following lighting is exempt from the provisions of this section:
(1) 
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 street lights within a public or private right-of-way.
(2) 
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.
(3) 
Lighting located on properties developed with residential uses (unless regulated by Subsection E) or agricultural uses, including but not limited to residential security lighting controlled and activated by motion sensors or timing devices.
(4) 
Lighting for holiday decorative purposes located on property used for residential purposes.
(5) 
Lighting for civic activities, fairs or carnivals, provided that the lighting is temporary.
[Amended 12-11-1991; 8-9-2000; 7-11-2001; 4-23-2003]
In order to protect those areas of a parcel which have environmental characteristics that make them unsuitable for development, certain portions of a development shall remain undisturbed or be protected. It is the intention of this section that the disturbance of such areas by the development process be limited. It is also the intention of this section that the large portions of the areas with such environmental characteristics be placed in open space, environmental easements, the portion of the parcel left undivided or other areas where they will remain undisturbed. It is intended that the environmental conditions on a property be reviewed as the first step in the planning process before lots or dwellings are located.
A. 
The requirements of this section shall apply to land in the following zoning districts:
[Amended 12-10-2008; 3-8-2023]
RP
Residential Performance District
R4
Residential Planned Community District
R5
Residential Recreational Community District
MH1
Mobile Home Community District
B1
Neighborhood Business District
B2
Business General District
B3
Industrial Transition District
TM
Technology-Manufacturing District
M1
Light Industrial District
M2
Industrial General District
HE
Higher Education District
RA
Rural Areas District
MS
Medical Support District
B. 
All developments which require a rezoning, master development plan, subdivision design plan, site plan, or preliminary sketch plan shall preserve the following environmental features as described:
[Amended 3-14-2012]
(1) 
Floodplains. Disturbance of floodplains is only permitted in accordance with the requirements of Article VII, Part 702, FP Floodplain Districts.
(2) 
Lakes and ponds. Lakes, ponds and impoundments shall remain undisturbed. The Administrator may allow the removal of a lake, pond or impoundment if it serves no useful retention, environmental, or recreational purposes.
(3) 
Wetlands, natural waterways, and riparian buffers. Disturbance of wetlands is only permitted in accordance with the requirements of the United States Army Corps of Engineers or other qualified state or federal agency. The disturbance of natural waterways and riparian buffers is prohibited, except when necessary for, and only in conformance with Part 702, the following:
(a) 
Public or private utilities;
(b) 
Public facilities, access to a property or roads (only perpendicular riparian buffer crossings shall be permitted);
(c) 
Riparian buffer restoration or enhancement projects;
(d) 
Creation of wetlands;
(e) 
Pedestrian, recreational and/or bicycle trails; and
(f) 
The Zoning Administrator may allow for the disturbance of riparian buffers for the creation of park areas or for stormwater management purposes.
(4) 
Sinkholes. No disturbance of sinkholes is allowed other than filling with nonpolluting natural materials that will not contribute to groundwater pollution.
(5) 
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 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.
(6) 
Steep slopes. No more than 25% of steep slopes, as defined, 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.
[Amended 9-26-2012; 5-25-2022]
C. 
In residential developments, the areas of undisturbed environmental features described in § 165-201.08B shall be located in areas of open space. However, the Zoning Administrator may allow undisturbed areas to be included in the required setback and yard areas on residential lots when the extent, location, and disturbance of environmental areas make it impractical to place the undisturbed areas in common open space. 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.
[Amended 9-26-2012]
D. 
In rural preservation subdivisions, the environmental features described in § 165-201.08B, along with agricultural or locally significant soils, shall be placed within the forty-percent parcel, without undue detriment to other principles of quality subdivision design or significant loss of density, as determined by the Zoning Administrator.
E. 
In commercial and industrial developments, the areas of undisturbed environmental features described in § 165-201.08B, shall be located in areas of open space, environmental easements, deeds of dedication, final subdivision plats, or other legal instruments approved by the Zoning Administrator which specify the restrictions to be placed on the environmental areas.
A. 
Basic requirements. All development in Frederick County shall meet the requirements of Chapter 79, Erosion and Sediment Control, of the Frederick County Code.
B. 
Runoff rates. In addition, all developments requiring site plan approval shall limit the rate of stormwater runoff so that no greater rate of runoff from the site is permitted than that occurring prior to development for storms with a two-, ten- and twenty-five-year frequency.
C. 
Stormwater conveyance. Storm drainage conveyance systems for developments requiring site plan approval shall be designed to convey a storm with a ten-year frequency without surcharging inlets. Conveyance systems for such developments shall be designed to convey a storm with a one-hundred-year frequency within a controlled spillway.
D. 
Stormwater storage. Where necessary, a stormwater storage system shall be provided to accommodate a postdevelopment storm with a twenty-five-year, twenty-four-hour frequency, to be released at a rate not to exceed the predevelopment discharge for a storm with a ten-year, twenty-four-hour frequency.
E. 
Natural drainageways. In developments requiring site plan approval, natural drainageways shall be used whenever possible to carry stormwater runoff.
F. 
Drainage easements. Whenever a development requiring site plan approval is traversed by a watercourse, drainageway, channel or stream, a drainage easement shall be provided. Such easement shall substantially follow the line of such drainageway and shall be of sufficient width to preserve the natural drainage. A deed of dedication shall be submitted to the Zoning Administrator for such drainage easements describing the manner in which drainage is to be protected.
G. 
Sinkhole protection. Stormwater from developments shall not be discharged into sinkholes. Sinkholes capable of absorbing substantial amounts of stormwater shall be protected by diverting runoff from the sinkhole.
[Amended 11-12-2014]
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.
A. 
In such cases, the outdoor storage or processing shall be completely screened from the view of road and street right-of-way and from surrounding properties by a six-foot-tall opaque fence, wall, berm or evergreen screen.
[Amended 10-13-2021]
(1) 
When an outdoor storage area adjoins a property also utilized for outdoor storage, screening shall not be required for their common property lines.
(a) 
Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements when the adjoining properties are in the B-2 (General Business), B-3 (Industrial Transition), M-1 (Light Industrial), M-2 (Industrial General), TM (Technology-Manufacturing), EM (Extractive Manufacturing), MS (Medical Support) Districts, or other zoning districts where the proposed use is also allowed.
[Amended 3-8-2023]
(b) 
Chain-link fencing with slats shall consist of double-walled winged slats; or equivalent if approved by the Zoning Administrator.
(c) 
Chain-link fencing with slats shall only utilize the following colors: dark green, brown, black, or tan. The use of wood slats or plastic slats without interlocking wings and double walls shall be prohibited.
(d) 
Chain-link fencing with slats shall not be permitted to be used as a screen along primary, arterial, or collector roadways.
B. 
Outdoor storage surface areas shall consist of asphalt, concrete, stone, gravel or any other impervious surface approved by the Zoning Administrator.
C. 
Such outdoor storage and processing shall not be permitted in any required front setback yard.
D. 
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.
E. 
The display of vehicles for sale by a vehicle dealer or nursery stock by a commercial nursery, along with other products for sale that are normally displayed outdoors, shall be exempt from the above requirements.
F. 
Agricultural and forestry operations shall be exempted from the above requirements.
G. 
Such requirements shall not apply to motor vehicle parking and loading areas.
H. 
Landscaping shall not be required for impervious areas designated for outdoor storage.
A. 
Intent.
(1) 
The intent of this section is to provide for the joint ownership, maintenance and use of common elements not dedicated for public use, required under the provisions of this Chapter. Required open space, recreational facilities and other common elements shall be dedicated to a property owners' association or to Frederick County. Open space, recreational facilities and common elements shall only be dedicated to Frederick County with the approval of the Board of Supervisors. The property owners' association shall be solely financially responsible for its own operations, including maintenance of all required common elements noted on the final approved master development plan or final subdivision plat.
(2) 
It is intended that all required common areas and facilities or improvements shall be a size and nature that constitute economically sound increments of development and that such areas and facilities be perpetuated and maintained by a property owners' organization or corporation. The intent is for the developer to provide for an organization or corporation consisting of all subdivision lot owners holding subdivision interests in the development.
B. 
Establishing the property owners' organization.
(1) 
All private areas, easements, improvements or facilities shall be the sole responsibility of the developer or owner. If units are to be sold or are ever sold on an individual basis, all private areas, easements, improvements or facilities shall be conveyed for joint ownership and common use by subsequent property owners if not dedicated for public use approved by the Board of Supervisors.
(2) 
Where required.
(a) 
The developer shall provide for the establishment of an organization or corporation for the ownership, perpetuation and maintenance of all private elements in developments or subdivisions in the following zoning districts:
RP
Residential Performance District
R4
Residential Planned Community District
R5
Residential Recreational Community District
MH1
Mobile Home Community District.
(b) 
In addition, such an organization or corporation shall be required for all required common areas or facilities in any shopping center, industrial park or office park, according to the requirements of this section.
(3) 
All final contracts between the developer or owner or his agents and all lot purchasers and the final subdivision plat shall include a consumer disclosure statement listing the property owners' association's annual assessments and a copy of the final approved property owners' association bylaws. A deed of dedication shall be provided by the subdivider or developer, with an article of bylaws providing for equal voting rights by all property owners and for election of officers or directors of the required property owners' association.
(4) 
All lot owners, including the developer, shall be assessed on an equal basis for the perpetuation and maintenance of required common elements as long as such perpetuation and maintenance is necessary. Such assessments shall be sufficient for the perpetuation and maintenance of all common areas and facilities.
(5) 
Such organization or corporation shall be created by covenants and restrictions approved the Director of Planning and Development and County Attorney and shall be composed of all persons having ownership within the boundaries of the development.
[Amended 6-11-2008]
(6) 
The developer or the required property owners' organization shall maintain all common elements in a manner so as to ensure the continued usefulness of those elements for their intended use and to ensure the full protection of the health and safety of the users of those elements.
(7) 
The Subdivision Administrator shall review each final subdivision plat and deed of dedication to ensure that the requirements of this section are met.
Any use of land or structures which creates the following nuisances shall be prohibited. In addition, the following standards shall be met:
A. 
Glare. Outdoor lighting shall be arranged to deflect glare away from adjoining properties and public streets. Sources of light on a lot shall be hooded or controlled to prevent glare beyond the lot line. 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.
B. 
Radiation hazards. No use shall be allowed which creates radiation emissions which are hazardous to the health and safety of the general public. No uses shall be allowed which discharge radioactive materials into the atmosphere, soils or bodies of water. All uses handling radioactive materials shall conform with applicable local, state and federal regulations.
C. 
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.
D. 
Vibrations. No use shall be allowed which creates any vibration discernible for three minutes or more in any one hour. In no case shall vibrations exceed a maximum peak particle velocity of 0.05 inch per second.
E. 
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.
F. 
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.
G. 
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 concerning the discharge of liquid, toxic or other wastes into surface waters or the soil.
H. 
Noise. In the M1 Light Industrial or M2 Industrial General Zoning District, sound levels at the perimeter boundary of a development shall not exceed 75 dba (A scale).