Off-street parking shall be provided on every
lot or parcel on which any use is established according to the requirements
of this section. This section is intended to ensure that parking is
provided on the lots to be developed and to ensure that excess parking
in public street rights-of-way does not interfere with traffic.
A.
Required parking spaces.
[Amended 2-26-1997; 9-23-2009]
(1)
For certain residential uses, parking requirements
are contained in the zoning district regulations. In all other cases,
parking spaces shall be provided with each allowed use, on the lot
or within the development containing the use, according to the following
table:
[Amended 5-25-2022]
|
Use
|
Required Spaces
|
|---|---|
|
Single-family detached dwellings and mobile
homes
|
2 per unit
|
|
Single-family attached (townhouse) dwellings
|
2.5 per unit
|
|
Churches
|
1 for each 3 seats
|
|
Schools, elementary or middle/intermediate
|
No fewer than 1 per faculty and staff member and other full-time
employee, plus a minimum of 4 for visitors
|
|
Schools, high
|
No fewer than 1 per faculty and staff member and other full-time
employees; minimum of 4 for visitors; 1 for each 10 students over
driving age; 1 for each 4 seats for stadiums and/or auditoriums
|
|
Colleges and universities
|
No fewer than 1 per faculty and staff member and other full-time
employees, plus 1 for every 10 students for maximum capacity at any
one time
|
|
Day care
|
1 per 5 children plus 1 per employee
|
|
Nursing homes, personal care, adult care residences
and assisted living care facilities
|
1 per 4 beds, plus 1 per employee on primary
shift
|
|
Hospitals
|
1.8 per bed
|
|
Libraries, museums or galleries
|
1 per 400 square feet of floor area; 10 minimum
|
|
Fraternal lodges, civic clubs and social centers
|
1 per 250 square feet of floor area, assembly
area or recreation area
|
|
Rooming houses, boardinghouses, tourist homes
and bed-and-breakfasts
|
2 per single-family dwelling, plus 1 per guest
room
|
|
Motels, hotels and lodges
|
1 per room, plus appropriate spaces for restaurants
and meeting rooms
|
|
Assembly halls and meeting rooms
|
1 per 3 seats
|
|
Funeral homes
|
1 per 4 seats; 30 minimum
|
|
Commercial cemeteries
|
25 minimum
|
|
Movie theaters
|
1 per 4 seats
|
|
Indoor recreation
|
1 per 200 square feet of floor area
|
|
Golf courses and driving ranges
|
3 per hole
|
|
Miniature golf and driving ranges
|
2 per tee for the first 36 tees, then 1 per tee
|
|
Campgrounds
|
1 per campsite
|
|
Restaurants
|
1 per 100 square feet of seating floor area
|
|
Fast-food or drive-in restaurants
|
1.4 per 100 square feet of seating floor area
|
|
Retail and personal services
|
1 per 200 square feet of retail floor area
|
|
Medical, dental, veterinarian offices and clinics
|
1 per 250 square feet of office area
|
|
General offices
|
1 per 250 square feet of office floor area
|
|
Banks and banks with drive-in windows
|
1 per 400 square feet of floor area
|
|
Shopping centers (small strip-style centers)
|
6 per 1,000 square feet of retail floor area for centers with
up to 30,000 square feet; 5 per 1,000 square feet of retail floor
area for centers between 30,000 square feet and 60,000 square feet
|
|
Shopping centers (non-enclosed); large integrated shopping centers
|
4 per 1,000 square feet of retail floor area for centers over
60,000 square feet
|
|
Shopping centers (mall-type centers)
|
3.5 per 1,000 square feet of retail floor area for centers with
up to 400,000 square feet; 3.8 per 1,000 square feet of retail floor
area for centers over 400,000 square feet
|
|
Furniture and carpet stores; retail nurseries;
farm equipment and feed sales; boat, mobile home and motor vehicle
sales
|
1 per 400 square feet of enclosed floor area,
plus 1 per 3,000 square feet of out- side display area, plus 2 per
service bay
|
|
Automobile service and service stations
|
2 per service bay plus required spaces for retail
or office areas
|
|
Self-service storage
|
3 at the office, plus 1 per employee
|
|
Wholesaling, warehouses, truck terminals and
construction storage, manufacturing and other industrial uses
|
1.5 per employee, plus any required spaces for
office or similar use, plus 1 for each company vehicle and equipment
stored outdoors
|
|
Mining uses
|
3 per 4 employees
|
(2)
Interpretation. When a use is not specifically
listed above, the Zoning Administrator shall determine which of the
above categories to use to determine the spaces required, based on
similarities between the characteristics of the uses. When a use is
not specifically listed above, the Zoning Administrator may also use
information provided by the applicant or other sources of information
to determine the number of spaces required.
(3)
Change in use or expansion. Parking requirements for changes in use
and/or an expansion or enlargement of an existing structure and/or
use shall be in accordance with the following:
(a)
When there is a change in use (excluding shopping centers) to a use
which has the same or lesser parking requirement than the previous
use, no additional parking shall be required. When there is a change
to a use which has a greater parking requirement than the previous
use, the minimum off-street parking requirements in accordance with
the provisions of this chapter shall be provided for the new use.
(b)
When an existing structure and/or use is expanded or enlarged, the
additional minimum off-street parking requirements in accordance with
the provisions of this chapter shall be provided for the area of such
expansion or enlargement.
(4)
Procedure for adjustments to parking requirements.
(a)
Generally, the Zoning Administrator may approve a reduction in required
parking spaces. Applications for such a reduction shall be submitted
to the Zoning Administrator in conjunction with a site plan and include
the following:
[Amended 9-26-2012]
[1]
A parking demand analysis which substantiates the basis for
a reduced number of parking spaces.
[2]
A plan showing how the parking spaces will be provided on the
site.
[3]
An executed covenant guaranteeing that the owner will provide
the additional spaces otherwise required, after thorough investigation
by the Zoning Administrator of the actual utilization of parking spaces
at the building or complex, if the Zoning Administrator decides that
the approved reduction be modified or revoked. Said covenant shall:
[a]
Be executed by the owner of said lot or parcel of land and the
parties having beneficial use thereof;
[b]
Be enforceable by the owner, the parties having beneficial use,
and their heirs, successors and assigns, or both;
[c]
Be enforceable against the owner, the parties having beneficial
use, and their heirs, successors and assigns, or both: and
[d]
Be recorded in the office of the Clerk of the Circuit Court.
(b)
Parking for mixed uses and loading facilities. In the case of mixed
uses (not qualifying as accessory) 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. However,
cumulative parking requirements for mixed-use occupancies may be reduced
where the Zoning Administrator determines that the peak requirement
of the several occupancies occurs at different times (either daily
or seasonally), and the parking demand can be provided on the premises.
(c)
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.
(5)
When the calculation of parking spaces results
in a fraction of 0.5 or greater, the next greatest whole number shall
be used.
(6)
In circumstances when no customer or public entrance or access is
located at the side or rear of a structure, no more than 5% of the
required spaces shall be located in the rear of buildings for commercial
uses such as, but not limited to, shopping centers, restaurants, office
or other retail uses.
(7)
When the required spaces are based on a number
of employees, students, seats or other factor that can vary over time,
the spaces required shall be based on the maximum number of employees,
students, and attendees normally present at any one time.
(8)
Parking spaces based on floor area shall be
determined based on the gross total floor area devoted to each separate
use on the site.
B.
Shared parking. Required parking spaces may be located
on a lot other than the lot containing the use under the following
circumstances:
(1)
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.
(2)
When shared parking is provided on abutting
lots, the total spaces provided shall equal the sum of the number
required for each use sharing the parking.
(3)
When shared parking is provided on abutting
lots, means of pedestrian access shall be provided between each use
sharing the parking and the parking area.
(4)
When shared parking is provided on abutting
lots, a lease, easement or other form of agreement shall be executed
among the property owners sharing the parking assuring the use of
the required parking spaces and assuring proper maintenance of the
parking area. Said agreement shall be submitted to the Zoning Administrator
for review and approval.
C.
Parking limit for certain commercial vehicles.
[Added 9-23-2009[1]]
(1)
Within the RP Residential Performance District, the R5 Residential
Recreational Community District, MH1 Mobile Home Community District,
or any residential portion of the R4 (Residential Planned Community)
District and the MS (Medical Support) District, the parking of the
following types of vehicles shall be prohibited:
(a)
Tractor truck or tractor truck trailer.
(b)
Semitrailer.
(c)
Garbage, refuse or recycling trucks.
(d)
Towing and recovery vehicles.
(e)
Cement trucks.
(f)
Construction equipment (as defined).
(g)
Buses.
(h)
Dump trucks.
(i)
Trucks with a total length of 25 feet or greater.
(j)
Any vehicle with three or more axles.
(k)
Any commercial vehicle as defined in § 165-101.02 of this Code.
(2)
Construction equipment. Construction equipment and construction-related
vehicles shall not be parked or stored in any residential community,
or residential portion of a planned community, except during the tenure
of construction, and only when being used for construction purposes
on or proximate to the lot where parked or stored. Valid building
and/or site development permits and continuous pursuit of completion
of the permitted construction or development shall be required to
demonstrate the existence of bona fide construction activity.
(3)
Exceptions. The provisions of this subsection shall not apply
to:
[1]
Editor's Note: This ordinance also repealed former Subsection
C, Parking space size.
D.
[2]Parking lots. Parking spaces shared by more than one dwelling
or use, required for any use in the business or industrial zoning
district or required for any institutional, commercial or industrial
use in any zoning district shall meet the following requirements:
[Amended 6-9-1993; 9-12-2001; 5-8-2002; 4-23-2003; 12-10-2008; 9-23-2009]
(1)
Surface materials. In the RP Residential Performance
District, the R4 Residential Planned Community District, the R5 Residential
Recreational Community District, the MH1 Mobile Home Community District,
the B1 Neighborhood Business District, the B2 Business General District,
the B3 Industrial Transition District, the TM Technology-Manufacturing
District, the M1 Light Industrial District, the M2 Industrial General
District, MS Medical Support District, RA (Rural Areas) District and
the HE (Higher Education) District, parking lots shall be paved with
concrete, bituminous concrete or similar materials. Such surface materials
shall provide a durable, dust- and gravel-free, hard surface.
[Amended 3-8-2023]
(a)
The Zoning Administrator may allow for the use of other hard-surface
materials for parcels located outside of the Sewer and Water Service
Area if the site plan provides for effective stormwater management
and efficient maintenance. In such cases, parking lots shall be paved
with a minimum of double prime-and-seal treatment or an equivalent
surface.
(b)
In the RA (Rural Areas) District, parking lots with 10 or fewer spaces
shall be permitted to utilize gravel surfaces.
(c)
Reinforced grass systems or other suitable materials may be used
for overflow parking areas, low-volume accessways in all zoning districts
and for agricultural uses in the RA (Rural Areas) District. Parking
areas utilizing these materials shall have defined travel aisles and
designated parking bays. These materials shall only be utilized with
approval of the Frederick County Zoning Administrator and the Director
of Public Works.
[Amended 5-13-2015]
(d)
The Zoning Administrator may approve alternative surface materials
for parking lots for parcels located inside of the Sewer and Water
Service Area when necessary to implement low-impact development design
and where approved by the Director of Public Works; such materials
may include but are not limited to permeable paving systems.
[Added 5-13-2015]
(2)
Space demarcation. For 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. 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 in commercial, office and
industrial developments. 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.
(3)
Curbs and gutters. Concrete curbing and gutters
shall be installed around the perimeter of all parking lots. 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 curbing shall be a minimum of six inches in
height. All parking lots shall be included within an approved stormwater
management plan.
[Amended 11-10-2010]
(a)
In the B3 Industrial Transition District, the TM Technology-Manufacturing
District, the M1 Light Industrial District and the M2 Industrial General
District, the use of header curb shall be permitted in areas where
the use of gutters is not necessary for stormwater management purposes.
[Amended 3-8-2023]
(b)
The Zoning Administrator may allow for the use of concrete bumpers
instead of curbing for parcels located outside of the Sewer and Water
Service Area if the site plan provides for effective stormwater management
and efficient maintenance.
(c)
The Zoning Administrator may allow for the elimination of curb and
gutter for parcels located inside of the Sewer and Water Service Area
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.
(4)
Raised islands. Raised islands shall be installed
at the ends of all parking bays abutting an aisle or driveway in the
RP Residential Performance District, the R4 Residential Planned Community
District, the R5 Residential Recreational Community District, the
MH1 Mobile Home Community District, the B1 Neighborhood Business District,
the B2 Business General District, the B3 Industrial Transition District,
the TM Technology-Manufacturing District, the M1 Light Industrial
District, the M2 Industrial General District, the MS Medical Support
District and the HE (Higher Education) District. 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.
[Amended 3-8-2023]
(a)
The Zoning Administrator may waive the requirement for raised islands
for parcels located outside of the Sewer and Water Service Area when
curb and gutter is not proposed.
(b)
The Zoning Administrator may approve modifications to the landscaped
islands for parcels located inside of the Sewer and Water Service
Area when necessary to implement low-impact development design and
where approved by the Director of Public Works.
(5)
Low-impact development. Low-impact development techniques are encouraged
by the County and should be incorporated into the design of individual
developments when deemed appropriate by the applicant after consultation
with appropriate county officials. Low-impact design options such
as rain gardens may be used to satisfy the greenspace requirements
for parking areas, such as landscaped islands and minimum landscaped
area.
(6)
Setbacks. All parking lots, loading spaces and
travelways, except for single-family detached and mobile home residential
uses, shall be set back as follows:
(a)
At least 10 feet from any street or road right-of-way.
(b)
At least five feet from all other property lines, except in
cases where more than one lot shares the parking lot.
(c)
In the M1 (Light Industrial) District and M2 (Industrial General)
District, parking lots shall be located no closer than 10 feet to
any minor or local street or road right-of-way and no closer than
25 feet to any collector or arterial street or road right-of-way.
(7)
Handicapped spaces. Handicapped parking and
building or sidewalk accessibility shall be provided in any parking
lot in accordance with the current edition of the Virginia Uniform
Statewide Building Code (VUSBC).
(8)
Entrance requirements. 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 the Virginia Department of Transportation. The width of driveways
serving the parking lot shall not be less than 20 feet for two-way
traffic, 20 feet for fire lanes, and 12 feet for one-way traffic.
[Amended 12-11-2019]
(9)
Parking space size and aisle requirements.
(a)
All parking spaces and aisles shall be provided
in accordance with Tables 1.1 and 1.2.
|
TABLE 1.1
Minimum Off-Street
Parking Area Dimensions
| |||
|---|---|---|---|
|
Angle of Parking
(degrees)
|
Width of Stall
(feet)
|
Depth of Stall
(feet)
|
Width of Aisle
(feet)
|
|
30
|
9.0
|
20.0
|
*12.0/**20.0
|
|
10.0
|
18.0
|
*12.0/**22.0
| |
|
45
|
9.0
|
20.0
|
*15.0/**20.0
|
|
10.0
|
18.0
|
*15.0/**22.0
| |
|
60
|
9.0
|
20.0
|
*18.0/**20.0
|
|
10.0
|
18.0
|
*18.0/**22.0
| |
|
90
|
9.0
|
20.0
|
*22.0/**22.0
|
|
10.0
|
18.0
|
*22.0/**24.0
| |
|
NOTES:
| |
|
*
|
One-way
|
|
**
|
Two-way
|
|
All parking spaces shall be a minimum of 180 square feet in
size.
| |
|
TABLE 1.2
Parallel Parking and Aisle Dimensions
| |||
|---|---|---|---|
|
Direction of Traffic
|
Width of Stall
(feet)
|
Depth of Stall
(feet)
|
Width of Aisle
(feet)
|
|
One-way aisle (one-side parking)
|
9.0
|
22.0
|
12.0
|
|
One-way aisle (two-side parking)
|
9.0
|
22.0
|
15.0
|
|
Two-way aisle (two-side parking)
|
9.0
|
22.0
|
22.0
|
(b)
For other angles, the aisle width shall be the
same as for the nearest angle in the above table.
(10)
The Zoning Administrator may approve alternative parking space size,
space demarcation, aisle dimensions and parking islands for areas
used for the display or storage of vehicles for sale by a vehicle
dealer. Upon a change of use for the property or site, the spaces,
demarcation, aisles and islands must be revised to conform to this
chapter.
(11)
Obstructions and structures. 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.
(12)
Drive-in lanes. 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.
(13)
Landscaping. Parking lots in the RP Residential
Performance District, the R4 Residential Planned Community District,
the R5 Residential Recreational Community District, the MH1 Mobile
Home Community District, the B1 Neighborhood Business District, the
B2 Business General District, the B3 Industrial Transition District,
the TM Technology-Manufacturing District, the M1 Light Industrial
District, the M2 Industrial General District, the MS Medical Support
District, and the HE (Higher Education) District shall be landscaped
to reduce the visual impact of glare and headlights on adjoining properties
and rights-of-way. Parking lots shall be adequately shaded to reduce
reflected heat. In the RA (Rural Areas) District, parking lot landscaping
shall not be required for parking lots with 10 or fewer spaces. Landscaping
shall also be provided to reduce the visual expansiveness of parking
lots. Landscaping shall be provided in such parking lots as follows:
[Amended 3-8-2023]
(a)
Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. 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. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 165-204.18, Storage facilities, self-service. The perimeter landscaping trees shall be reasonably dispersed throughout the parking lot. A three-foot-high evergreen hedge, fence, berm, or wall shall be provided to prevent headlights from shining on public rights-of-way and adjoining properties. All perimeter landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure, and maintenance.
(b)
Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. 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. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. All interior landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure, and maintenance.
(14)
Pedestrian access. Sidewalks shall be provided
as necessary within parking lots to protect pedestrians and promote
the safe and efficient movement of pedestrians and vehicles. In large
parking lots, pedestrian walkways and crosswalks shall be provided,
marked by durable painted stripes and appropriate signs.
[2]
Editor's Note: Former Subsection D, regarding parking of tractor
trucks, truck trailers and the like, as amended, was repealed 9-23-2009.
This ordinance also redesignated former Subsection E as Subsection
D.
[Amended 3-13-2002]
Spaces for the loading and unloading of trucks
and vans shall be provided in association with business and industrial
uses as follows:
A.
Loading spaces required.
(1)
The number of loading spaces required shall
be as follows:
|
Type of Use
|
Loading Spaces Required
|
|---|---|
|
Food stores, restaurants and taverns
|
1 for first 10,000 square feet of floor area
plus 1 for each additional 30,000 square feet
|
|
Retail and personal services
|
1 for first 10,000 square of floor area plus
1 for each additional 30,000 square feet
|
|
Hotels and motels, lodges, clubs, fraternal
organizations and indoor recreation
|
1 for each 20,000 square feet of floor area
|
|
Office buildings
|
1 for structures between 30,000 and 100,000
square feet; 1 for each additional 100,000 square feet
|
|
Manufacturing, wholesale, trucking, construction
and industrial uses
|
1 for each 40,000 square feet of floor area
|
|
Schools, hospitals and nursing homes
|
1 for each structure with more than 100,000
square feet of floor area
|
(2)
Interpretation.
(a)
When a use is not specifically listed above,
the Zoning Administrator shall determine which of the above categories
to use to determine the spaces required, based on similarities between
the characteristics of the uses. When a use is not specifically listed
above, the Zoning Administrator may also use information provided
by the applicant or other sources of information to determine the
number of spaces required.
(b)
In cases where mixed uses share the same loading
area, the loading spaces required shall equal the sum of the spaces
required for the various uses. In some cases, different uses will
be contained in a single structure or site plan, and in those cases,
the spaces required shall equal the sum of the spaces for each use.
B.
Design standards.
(1)
Dimensions. Each required loading space shall
be 12 feet wide and 45 feet long. Each loading space shall have a
vertical clearance of 14 feet.
(2)
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.
(3)
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 Virginia Department of Transportation.
(4)
Surface materials and curb and gutter. Loading
areas shall meet the surface material and curb and gutter requirements
for one of the following categories:
(a)
Loading areas separated from parking lots. Loading
areas that are separated from parking lots shall be paved with concrete,
bituminous concrete, or similar materials. Curb and gutter shall not
be required when loading areas are separated from parking lots.
(b)
Loading areas that are part of parking lots.
Loading areas that are part of parking lots shall be paved with concrete,
bituminous concrete, or similar materials. Curb and gutter shall be
required for all loading areas that are part of parking lots when
curb and gutter is required for the parking lot.
(c)
Loading areas with two or less loading spaces proposed. Loading areas serving uses identified in § 165-202.02A may have a gravel surface if two or less loading spaces are proposed, and if the loading area is separate from the parking lot. Curb and gutter shall be required for loading areas with two or less loading spaces when the loading area is part of the parking lot, and when curb and gutter is required for the parking lot.
(d)
Stormwater management plan and erosion control
plan requirements. The Zoning Administrator may require curb and gutter
and different surface materials for loading areas when necessary to
implement a stormwater management plan or an erosion control plan.
A.
New driveways.
(1)
Private driveways or entrances shall be allowed
to provide access to individual residences or uses. Private driveways
or entrances shall also be allowed to provide access to parking lots
and loading areas shared by a number of residences or uses.
[Amended 7-10-2013]
(2)
In order to provide safe and convenient access
and to provide efficient travel on arterial highways, a minimum spacing
shall be provided between new driveways onto and entrances onto collector
roads, arterial highways, and primary highways, in the following zoning
districts:
[Amended 12-10-2008; 7-10-2013; 3-8-2023]
|
B1
|
Neighborhood Business
| |
|
B2
|
Business General
| |
|
B3
|
Industrial Transition
| |
|
TM
|
Technology-Manufacturing
| |
|
M1
|
Light Industrial
| |
|
M2
|
Industrial General
|
(4)
Minimum spacing shall also be provided in all
zoning districts between a) new residential driveways onto and commercial
entrances onto collector roads, arterial highways, and primary highways,
and b) the intersections of other roads with such collector roads,
arterial highways, and primary highways. Minimum spacing between driveways/entrances
and between driveways/entrances and intersections shall be as follows:
[Amended 7-10-2013]
|
Minimum Residential Driveway, Full Commercial
Entrance and Intersection Spacing on Primary Highways, Arterial Highways,
and Collector Roads
| ||
|---|---|---|
|
Road Classification
|
Minimum Required Spacing
(feet)
| |
|
Minor collector
|
100
| |
|
Major collector:
| ||
|
Residential driveway/entrance
|
150
| |
|
Commercial entrances
|
250
| |
|
Primary or arterial:
| ||
|
With posted speed limit 45 mph or less
|
250
| |
|
With posted speed limit more than 45 mph
|
495
| |
(5)
In all cases, the spacing distances shall be
measured from the tangents to the curb return of the driveways or
intersecting streets.[1]
[1]
Editor's Note: Former Subsection A(6), which concerned minimum
spacing for access on minor collection roads and which immediately
followed this subsection, was repealed 7-10-2013, which ordinance
also renumbered former Subsection A(7)(a) as Subsection A(6) and former
Subsection A(7)(b) as Subsection A(7).
(6)
Existing access. When a parcel abuts a minor
or collector street that intersects with the arterial or primary highway
and when the parcel cannot be provided with an entrance onto the arterial
or primary highway that meets the spacing requirement, access to the
parcel shall be only from the existing entrance on the minor or collector
street and new entrances shall not be allowed directly onto the arterial
or primary highway.
[Amended 7-10-2013]
(7)
Shared access. When a lot is created on a collector
road or arterial or primary highway, shared means of access to the
road or highway shall be created by access easement, shared driveway,
shared entrance or other means to ensure that the spacing requirements
have been met.
[Amended 9-26-2012; 7-10-2013]
(a)
When a lot is divided or developed that can
be provided with a driveway/entrance meeting the spacing requirements
but that is adjacent to other parcels or lots that will not be able
to have entrances meeting the spacing requirements, means of highway
access to the adjoining property may be required by the Zoning Administrator
on the lot to be divided or developed.
(b)
When a lot is divided or developed that cannot
be provided with access meeting the spacing requirements and when
means of shared access that meets spacing requirements has been provided
on adjoining lots that can be used to provide access to the lot in
question, entrances shall not be allowed directly onto the arterial
or primary highway from the lot to be divided or developed.
(c)
When a number of lots are divided or developed
that have been included together on an approved master development
plan, site plan or subdivision plat, shared driveways/entrances shall
be provided as required to meet the spacing requirements.
(d)
When shared access is provided to meet the requirements
of this section, the Zoning Administrator may require that it be provided
in the form of an access easement. The Zoning Administrator may require
a deed of dedication describing provisions for joint use and maintenance
of that easement. Provisions for shared entrance signs may also be
required.
(e)
Shared access easements shall be provided in
a manner so that shared driveways are clearly separated from parking
areas, loading areas and pedestrian walkways.
(f)
Shared access easements that follow lot lines
are preferred.
(8)
New lots. No new lot shall be created on any state-maintained
road unless spacing requirements can be met for driveways/entrances
on the lot or unless access is provided through shared or existing
access.
[Amended 7-10-2013]
(9)
Number of driveways or entrances. No more than
one driveway or entrance shall be allowed per parcel unless each driveway/entrance
from the parcel separately meets the spacing requirements, relative
to each other and relative to any intersections within the minimum
required spacing distance in all directions. The Zoning Administrator
may permit entrances/driveways that do not meet the minimum spacing
requirements if they are utilized solely for emergency access and
are not open to the public; such entrances must be gated or chained.
[Amended 7-10-2013]
(10)
Entrances on collector and minor streets. Whenever
a parcel abutting an arterial highway also abuts a collector or minor
road, in order to obtain an entrance on the arterial road, an entrance
must be provided on the collector or minor road. This shall only be
required if a safe entrance can be provided on the collector or minor
road, meeting all requirements of the Frederick County Code and the
Virginia Department of Transportation.
(11)
All driveways and entrances onto state-maintained
highways must also meet all requirements of the Virginia Department
of Transportation and all other requirements of the Frederick County
Code.
[Amended 7-10-2013]
(12)
New driveways and entrances shall align with
existing or planned driveways, crossovers, turn lanes or other access
features. This shall only be required if the resulting alignment provides
safe access and if all requirements of the Frederick County Code and
the Virginia Department of Transportation are met.
[Amended 7-10-2013]
(13)
The location of new driveways and entrances
shall conform with road improvement plans or corridor plans that have
been adopted by Frederick County or the Virginia Department of Transportation.
[Amended 7-10-2013]
(14)
Private roads providing lot access to multifamily and single-family small lot housing, as permitted in § 144-24 of the Subdivision Ordinance, shall be a minimum of 20 feet in width. The pavement design for the private roads shall include eight inches of aggregate base material, Type I, Size No. 21-B, and shall be paved with a 165 No. psy asphalt concrete, Type SM-2A, surface treatment. In addition, curb and gutters, standard curb CG-6, CG-7 or roll-top curb and sidewalks shall be provided along private roads; however, the Zoning Administrator may approve a waiver of sidewalks on private streets, provided that another recreational amenity is substituted for the sidewalk. Additionally, the Zoning Administrator may waive the requirement for curb and gutters and allow alternate pavement design to accommodate low-impact design, provided that the private road design is determined to be acceptable by the Director of Public Works.
[Added 10-27-1999; amended 1-25-2012]
B.
Alternative methods.
(1)
The Zoning Administrator may allow other means
of motor vehicle access which do not meet the above requirements.
Such means may involve the use of entrances which physically limit
or restrict left turns (such as a right-in/right-out only entrance),
methods which ensure one-way travel or other methods.
[Amended 9-26-2012; 7-10-2013]
(2)
In such cases, the Zoning Administrator may
require a traffic access plan which describes existing traffic, conditions
and design on the streets abutting the site and the methods proposed
to ensure that the intent of this section has been met.
(3)
Requested alternative methods of motor vehicle access which do not meet the minimum requirements of § 165-202.03 must be approved by VDOT prior to approval by the Zoning Administrator.
[Added 7-10-2013]
C.
Internal circulation. A complete system of internal
traffic circulation shall be provided to serve all uses in any shopping
center, industrial park or any development included in a single master
development plan, site plan or subdivision plat approved by Frederick
County. In such developments, internal access shall be provided in
a fashion so that all uses can be mutually accessed without entering
onto arterial or primary highways. In such cases, a pattern of internal
circulation shall be designed to ensure that conflicts are avoided
between moving vehicles, parking areas, pedestrian areas, loading
areas and the various uses provided.
D.
Pedestrian access. Safe pedestrian walkways shall
be provided to all uses on land included in a master plan or site
plan approved by Frederick County. Sidewalks and multiuse trails shall
be provided in conformance with adopted Comprehensive Plan policies
for present and future roadway classifications and/or approved master
development plans. Sidewalks shall be installed in the right-of-way
and adjacent to the boundary of the right-of-way of all proposed and
existing streets and shall contain adequate handicapped ramps at all
intersections at intervals acceptable to the Virginia Department of
Transportation. There shall be a minimum two-foot-wide grass strip
or swale between the street edge and the sidewalk, where sidewalks
are required. Sidewalks shall be a minimum of five feet wide; multiuse
trails shall be a minimum of 10 feet wide.
[Amended 9-26-2012; 1-26-2022]
[Added 6-22-2005; amended 3-13-2013]
All residential subdivisions of more than 10
lots in the RP, R-4, R-5, and MS (with residential uses) Zoning Districts
shall have streets connecting to adjoining parcels. If adjoining parcels
are developed or have had a subdivision plat approved, the connecting
street shall coordinate with the existing or platted streets in the
adjoining parcel. If an adjoining parcel is undeveloped, the location
of the connecting street shall be as shown on the master development
plan (MDP) reviewed by the Board of Supervisors. This requirement
for inter-parcel connector streets may be waived by the Board of Supervisors
if the Board finds i) that a connector street to an adjoining parcel
is not likely to be needed; ii) that the connector street would be
required to be placed in a location which is impractical for location
of a street; iii) that an adjoining undeveloped parcel is not likely
to be developed in a manner to make a connector street necessary or
appropriate; or iv) other good cause shown by the applicant not contrary
to good planning policy. All inter-parcel connectors, public or private,
shall be built to the Virginia Department of Transportation engineering
standards.
