[Added 2-26-1997]
Adult care residences, assisted living care
facilities and convalescent or nursing homes located in the B2 Business
General District shall meet the following requirements:
A.
Thirty percent of the total acreage of the site utilized
for adult care residences and assisted living care facilities shall
remain in green space. Areas designated for buffers and screening
and stormwater management facilities that are required to serve this
use may be included in this percentage.
B.
Road efficiency buffers as specified in § 165-203.02E of this chapter shall be met.
[Added 7-10-1996]
Commercial batting cages located in the B2 Business
General District shall meet the following requirements:
A.
Outdoor batting cage operations may be developed as
stand-alone facilities or may be located in conjunction with other
permitted uses in the B2 Business General District.
B.
Outdoor batting cage operations shall be constructed
to meet the standards for rectangular cage systems and radial cage
systems. Monopole cage systems shall not be permitted.
C.
Outdoor batting cage systems shall be developed within
an area not to exceed 15,000 square feet. The perimeter of the outdoor
batting cage facility shall be enclosed with an eight-foot-high chain
link fence.
D.
Stock pipe utilized to support the outdoor batting
cage net system shall not exceed 25 feet in height.
E.
Lighting fixtures for outdoor batting cage operations
shall be engineered to reflect downward and shall not reflect light
onto adjoining uses, properties and road rights-of-way.
Where allowed, all campgrounds shall meet the
following requirements:
A.
Minimum size. The minimum lot size for a campground
shall be five acres.
B.
Density. The maximum allowed density for a campground
shall be 10 campsites or cabins per acre.
C.
Perimeter setbacks. The perimeter setback from the
boundary of the campground for all structures and campsites shall
be 100 feet.
D.
Residences. No more than one permanent residence shall
be allowed in a campground, which shall only be occupied by the owner,
manager or an employee.
E.
Buffers and screens. Where campgrounds are allowed,
zoning district separation buffers and screens, Category C as described
by this chapter, shall be provided in relation to surrounding properties
containing residential uses.
F.
Campgrounds shall meet all requirements of the Virginia
Department of Health.
[Added 4-10-1991; amended 10-27-2004]
A.
Car washes located in the B-1 (Business Neighborhood
District) and B-2 (Business General District) Zoning District, adjacent
to RA with residential dwellings, RP, R-4, R-5, MS (Medical Support
with Residential Component), and MH-1 zoned properties shall have
an operator on-site during all hours of operation.
B.
Car washes located in the B-1 (Business Neighborhood
District) and B-2 (Business General District) Zoning District, adjacent
to RA with residential dwellings, RP, R-4 R-5, MS (Medical Support
with Residential Component) and MH-1 zoned properties shall be operated
only during the following hours:
|
Days
|
Hours
|
|---|---|
|
Monday through Friday
|
7:00 a.m. to 9:00 p.m.
|
|
Saturday
|
8:00 a.m. to 9:00 p.m.
|
|
Sunday
|
12:00 noon to 6:00 p.m.
|
[Added 6-8-1994; amended 11-12-1997; 12-13-2023]
Electrical, hardware, plumbing and heating equipment
businesses located in the B2 Business General District shall be subject
to the following requirements:
A.
Establishments primarily engaged in these businesses
shall not exceed 8,000 square feet of total floor area.
B.
Only 25% of the total floor area within a shopping
center shall contain such businesses.
C.
Such businesses shall not have outdoor storage.
D.
Such businesses shall not contain fabrication and/or
manufacturing facilities.
[Added 2-11-1998]
The intent of this section is to ensure that
flex-tech development shall be designed for safe, efficient traffic
flow and to complement its surroundings. The following minimum standards
shall apply to any property in which flex-tech developments are located,
in order to promote economic development and mitigate any negative
impacts to adjoining properties:
A.
Permitted uses. All uses allowed in the B2, B3, M1
and TM Districts will be permitted in a flex-tech development.
[Amended 3-8-2023]
(1)
Primary use. The primary use shall be a use
permitted by the zoning district in which the development is located.
The primary use shall occupy a minimum of 75% of an establishment,
measured in gross floor area of the unit.
(2)
Accessory use. The accessory use shall be a
use permitted in flex-tech but not necessarily in the district in
which the development is located.
B.
The flex-tech development shall only be permitted
within approved master planned developments, the approved master plan
shall indicate location of the flex-tech development.
C.
All flex-tech developments shall adhere to a site
plan that has been approved by the Frederick County Zoning Administrator
and complies with the requirements set forth in this chapter and to
the following flex-tech design standards:
(1)
Individual unit size dimensional requirements.
Maximum unit sizes shall be 20,000 square feet.
(2)
Site layout requirements.
(a)
Loading bays.
[1]
All loading bays shall be located
so that they are not visible from road rights-of-way. All loading
bays shall be screened from view by the building, landscaping, walls
or decorative fencing.
[2]
Except during the process of loading
or unloading, trucks and trailers shall not be parked outside the
building, unless parked in screened areas not visible from adjacent
road rights-of-way or properties.
[3]
The Zoning Administrator may waive
any and all of the loading bay location and screening requirements
when a site is bordered by two or more road rights-of-way. In no case
shall a loading bay be visible from an arterial or collector road,
as identified by the Frederick County Comprehensive Policy Plan.
[Amended 9-26-2012]
(c)
Entrances onto the site shall clearly separate
automobile traffic from truck traffic. Automobile parking and truck
loading areas shall be clearly separated.
(d)
Parking areas shall be designed to accommodate
the most intensive use of the structures. Parking may be constructed
in phases to reflect required parking for the actual occupying uses,
as determined by the application for a certificate of occupancy and/or
change of use permit.
(e)
All uses shall be conducted entirely within
enclosed structures.
[Added 9-14-2005]
Government services office located in the Rural
Areas (RA) Zoning District shall be subject to the following requirements:
A.
Government services office uses shall be located within
the Sewer and Water Service Area (SWSA), as identified by the County's
Comprehensive Policy Plan.
B.
A transportation impact analysis (TIA) shall be conducted
and the improvements identified as necessary to achieve, or maintain,
a minimum Level of Service (LOS) C shall be constructed in conjunction
with the facilities.
C.
The facility shall be served by public water and sewer.
D.
The use and site shall adhere to, and implement, Business
General (B2) Zoning District design standards.
[Added 12-12-2007]
Grocery or food stores located in the B3 (Industrial
Transition) Zoning District shall meet the following requirements:
A.
Maximum building square footage used for retail sales
of grocery or food products shall not exceed 10,000 square feet. The
10,000 square feet shall not include area used for storage warehousing
of products.
[Added 1-27-1999]
Nonprofit aid organizational offices located
in the RA (Rural Areas) Zoning District shall be subject to the following
requirements:
A.
A Category "B" zoning district separation buffer and
screen, as described by this chapter, shall be provided in relation
to surrounding properties containing residential uses.
B.
Maximum building square footage shall not exceed 15,000
square feet, or a floor area-to-lot area ratio (FAR) of 0.3, whichever
is less.
C.
All signs shall conform with the cottage occupation
sign requirements.
D.
No marketing of merchandise shall occur from this
property.
Where allowed separately or as a part of a veterinary
clinic or hospital, kennels shall meet the following requirements:
[Amended 12-9-1992; 6-9-1993; 10-27-2004; 3-12-2008; 12-10-2008; 9-26-2012; 2-23-2022]
Landfills, junkyards, automobile graveyards,
dumping and trash heaps shall be permitted only where specifically
allowed by the zoning district regulations of this chapter. Where
allowed, such uses shall meet all requirements of the Frederick County
Code and applicable state and federal regulations.
A.
Where allowed, landfills, junkyards, automobile graveyards,
dumping and trash heaps shall be completely screened from the view
of surrounding roads and properties by fences, walls, screens or other
methods.
B.
A minimum buffer of 600 feet shall be maintained on
parcels containing a landfill adjacent to properties containing residences
or properties zoned RP Residential Performance, MH1 Mobile Home Community,
R4 Residential Planned Community or R5 Residential Recreational Community.
Such buffers shall be along the boundary of the property adjacent
to the properties so zoned or containing the residences. In addition,
the Board of Supervisors may require landscape screening or full screening
in the buffer as described by this chapter. If a residential development
is established adjacent to an existing landfill, a Category C buffer
shall be placed on the land containing the residential development.
In no case shall residences be placed within 600 feet of a landfill.
C.
Inoperable motor vehicles and trailers.
(1)
Inoperable motor vehicles and trailers shall
not be stored outside of a completely enclosed building in the following
zoning districts:
[Amended 3-8-2023]
|
RP
|
Residential Performance
| |
|
R4
|
Residential Planned Community
| |
|
R5
|
Residential Recreational Community
| |
|
MH1
|
Mobile Home Community
| |
|
HE
|
High Education
| |
|
MS
|
Medical Support
| |
|
B1
|
Business Neighborhood
| |
|
B2
|
Business General
| |
|
B3
|
Industrial Transition
| |
|
TM
|
Technology-Manufacturing
| |
|
M1
|
Industrial Light
| |
|
M2
|
Industrial General
| |
|
EM
|
Extractive Manufacturing
|
(2)
Inoperable motor vehicles and trailers permitted
to be stored outside of a totally enclosed building shall be completely
screened from public roads or surrounding properties. Permitted screening
shall include opaque fences, opaque landscaping or opaque natural
vegetation.
D.
Trash storage. When stored outdoors, outside of a
legal landfill or trash heap, all trash, rubbish or garbage shall
be stored in watertight, verminproof containers.
(1)
All multifamily residential developments where
more than one residence or use shares a parking lot shall be provided
with outdoor trash containers or other means of trash disposal. Means
shall be provided to ensure that all trash generated by the development
is properly disposed of to avoid litter, odor or other nuisances.
(2)
All commercial and industrial developments shall
be provided with outdoor trash containers or other means of trash
disposal. Means shall be provided to ensure that all trash generated
by the development is properly disposed of to avoid litter, odor or
other nuisances.
(3)
Such trash containers shall not be located in
the front yard areas of such uses. Such containers shall be located
to avoid traffic conflicts with parked vehicles and general traffic.
Such containers shall be properly screened or separated from dwellings
to avoid odors and other impacts.
(4)
Such trash containers shall be contained within
a completely enclosed facility. The enclosure shall consist of a six-foot
opaque fence or wall and an opaque gate.
E.
No junkyards shall be hereafter established any portion
of which is within 1,000 feet of the nearest edge of the right-of-way
of any interstate or United States highway or within 500 feet of the
nearest edge of the right-of-way of any Commonwealth of Virginia highway,
except as follows:
[Amended 9-28-2011]
All motor vehicle service uses, automotive repair
shops and public garages shall meet the following requirements:
A.
All repair shall take place entirely within an enclosed
structure.
B.
All exterior storage of parts and equipment shall
be screened from view of surrounding properties by an opaque fence
or screen at least six feet in height. This fence or screen shall
be adequately maintained.
[Amended 10-13-2021]
(1)
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]
(2)
Chain-link fencing with slats shall consist of double-walled winged
slats; or equivalent if approved by the Zoning Administrator.
(3)
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.
(4)
Chain-link fencing with slats shall not be permitted to be used as
a screen along primary, arterial, or collector roadways.
C.
Inoperable
motor vehicles must be stored within a totally enclosed building or
screened on all sides by a six-foot opaque element such as a fence,
wall or berm.
D.
In
the RA, M1, M2 and TM Zoning Districts, the sale of automobiles shall
not be permitted as an accessory or secondary use to any automotive
repair shop.
[Amended 3-8-2023]
[Added 12-9-1992]
Restaurants located in the B1 Neighborhood Business
Zoning District shall meet the following requirements:
A.
Sewage treatment facilities in Frederick County serving
three or more dwellings, lots or uses are only allowed if they are
dedicated to a public authority or agency. Sewage treatment facilities
serving primary or accessory agricultural uses shall be exempt from
this requirement.
B.
A minimum buffer of 600 feet shall be maintained on
parcels containing sewage treatment facilities adjacent to properties
containing residences or properties zoned RP Residential Performance,
MH1 Mobile Home Community, R4 Residential Planned Community or R5
Residential Recreational Community. Such buffers shall be along the
boundary of the property adjacent to the properties so zoned or containing
the residences. In addition, the Board of Supervisors may require
landscape screening or full screening in the buffer as described by
this chapter. If a residential development is established adjacent
to an existing sewage treatment facility, a Category C buffer shall
be placed on the land containing the residential development. In no
case shall residences be placed within 600 feet of a sewage treatment
facility.
[Amended 9-26-2012]
[Amended 5-24-2017]
Outdoor shooting and archery ranges shall be allowed only with
a conditional use permit. Where outdoor shooting and archery ranges
are allowed, zoning district separation buffers and screens, Category
C as described by this chapter, shall be provided in relation to surrounding
properties containing residential uses. In no case shall a shooting
range be located within 1,000 feet of any residence located on surrounding
parcels of land. In no case shall an archery range be located within
300 feet of any residence located on surrounding parcels of land.
Application for a conditional use permit shall include plans for appropriate
site layout and design to protect the safety of the public. Such plans
shall include berms and other protective features. All outdoor shooting
and archery ranges shall be supervised at all times by qualified personnel.
The intent of this section is to ensure that
private restrictions are established in certain types of development.
In order to promote orderly economic development and to protect property
values in commercial and industrial areas, the following requirements
shall apply to all shopping centers, office parks and industrial parks:
A.
A harmonious coordination of uses, architectural styles,
signs and landscaping shall be provided to ensure the aesthetic quality
and value of the development. Deed restrictions, dedications, agreements,
contracts, guaranties or other means shall be instituted to ensure
that such coordination occurs.
B.
Architectural styles should avoid massive, monolithic
or repetitive building types and facades. No portion of an unpainted
concrete block or unpainted sheet metal building shall be visible
from roads or surrounding properties.
C.
Appropriate landscaping shall be provided or required
through deed restrictions, dedications, agreements, contracts, guaranties
or other means throughout the development.
D.
Deed restrictions, dedications, agreements, contracts,
guaranties or other means used to ensure the above shall provide specific
standards and means for enforcement. The Zoning Administrator shall
review such methods before any site plan is approved to ensure that
they accomplish the intentions of this section. The Zoning Administrator
shall review such methods to ensure that private controls are established
to address the requirements of this section. The Zoning Administrator
shall not control the particular designs, styles or methods used as
long as the requirements of this chapter have been met.
[Added 12-9-1992]
A.
It shall be unlawful to operate any slaughterhouse,
abattoir, rendering plant or establishment where animals or fowl,
dead or alive, are processed or where food or feed is manufactured
or processed, unless such place or establishment is maintained and
operated in a clean and sanitary manner at all times.
B.
Such establishments shall be so constructed and maintained
as to effectively control the entrance of insects and rodents. The
doors, windows and other openings thereof shall be fitted with screen
doors and wire window screens of not coarser than fourteen-gauge mesh.
C.
The word "slaughterhouse," as used in this section,
shall not be construed to prohibit persons who are actually farmers
from killing their own cattle, sheep, swine, goats and fowl for their
own family use.
D.
All buildings, animal unloading/staging areas, and animal pens shall
be a minimum of 100 feet from all property lines.
[Added 9-13-2017]
E.
Total building(s) square footage should not exceed 20,000 square
feet (SF).
[Added 9-13-2017]
F.
All operations must be under roof and screened from view from adjoining
properties and public streets.
[Added 9-13-2017]
G.
Additional buffering and screening may be required as specified by
the Zoning Administrator.
[Added 9-13-2017]
[Amended 12-11-1996]
Where allowed, self-service storage facilities
shall meet the following requirements:
A.
Self-service storage facility operations shall be
permitted as a primary or accessory use in all zoning districts in
which they are permitted.
B.
All parking areas, travel aisles and maneuvering areas
associated with the self-service storage facility operations shall
be paved with asphalt, concrete or similar material to provide a durable
hard surface.
C.
Buildings are permitted that provide interior and
exterior accessible units. Individual units within the self-service
storage building shall not exceed 1,000 square feet in area.
D.
Minimum building spacing shall be 30 feet apart. Loading
areas shall be delineated to ensure that adequate travel aisles are
maintained between buildings.
E.
Recreational vehicles and boats shall be permitted to be stored within completely enclosed areas of the self-service storage facility, provided that the storage area is separate from the parking areas and travel aisles and is depicted on the approved site development plan. Areas utilized for this purpose shall be exempt from the surface requirements specified under § 165-204.18B.
F.
Self-storage facilities shall meet the following landscaping or screening
requirements:
[Amended 12-11-2019]
(1)
Facilities located in the B-2 Business General District shall
have all overhead doors and loading areas completely screened by a
double row of evergreen trees that are staggered and planted a maximum
of 12 feet off center and are a minimum of four feet in height when
planted.
(2)
Facilities located in the B-3 Industrial Transition District
or the M-1 Light Industrial District shall be required to landscape
the yard area adjacent to public streets and residences to provide
for a double row of evergreen trees that are staggered and planted
a maximum of 12 feet off center. The side and rear yards shall be
planted with a single row of evergreen or deciduous trees that are
planted a maximum of 40 feet off center. All trees shall be a minimum
of four feet in height at the time of planting.
(3)
Facilities located on parcels that are within a master planned
industrial park or office park shall be required to landscape the
perimeter of the facility with a single row of evergreen trees that
are planted a maximum of 40 feet off center. All trees shall be a
minimum of four feet in height at the time of planting.
(4)
The installation of an opaque wall or fence that is a minimum
of six feet in height may substitute for required landscaped areas
in all zoning districts.
[Amended 10-13-2021]
(a)
A solid building wall, free of windows or doors, is not required
to be screened.
(b)
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]
(c)
Chain-link fencing with slats shall consist of double-walled winged
slats, or equivalent approved by the Zoning Administrator.
(d)
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.
(e)
Chain-link fencing with slats shall not be permitted to be used as
a screen along primary, arterial, or collector roadways.
G.
Self-service storage facility operations shall be
designed to accommodate the storage of residential, commercial and
industrial items, excluding hazardous, toxic and explosive materials.
No use, sale, repair or activity other than storage shall be permitted
to occur in self-service storage facility operations. A copy of the
lease agreement which describes the requirements of this subsection
shall be approved in conjunction with the site development plan for
the self-service storage facility operation.
[Added 4-9-1997; amended 7-8-1998; 9-25-2002; 11-12-2003; 10-13-2010; 1-25-2012; 9-26-2012; 12-11-2019]
A.
Definitions. The terms used in this section shall have the same meanings
as set out in Code of Virginia, § 15.2-2316.3, unless the
context requires a different meaning.
B.
Administrative review; eligible projects.
(1)
Notwithstanding any other provision of this chapter, but subject
to the requirements of this subsection, the following shall be permitted
in all zoning districts:
(a)
Any small cell facility (Code of Virginia, § 15.2-2316.4);
(b)
Any structure that is not more than 50 feet above ground level,
provided that the structure with attached wireless facilities is i)
not more than 10 feet above the tallest existing utility pole located
within 500 feet of the structure within the same public right-of-way
or within the existing line of utility poles; ii) not located within
the boundaries of a local, state, or federal historic district; and
iii) designed to support small cell facilities [Code of Virginia,
§§ 15.2-2316.3 and 15.2-2316.4:1(A)]; or
(c)
Co-location of a wireless facility on the existing structure
of a wireless facility that is not a small cell facility [Code of
Virginia, §§ 15.2-2316.3 and 15.2-2316.4:1(A)].
(2)
Any person seeking to install a facility or structure identified in Subsection B(1) of this section shall make application to the Zoning Administrator, accompanied by payment of a fee of $100 each for up to five facilities or structures on the same application and $50 each for each additional facility or structure on the same application. [Code of Virginia, § 15.2-2316.4(B)(2)] The application shall be subject to consideration as follows:
(a)
The Zoning Administrator shall approve or disapprove the application
within 60 days of receipt of the complete application. Within 10 days
after receipt of an application and a valid electronic mail address
for the applicant, the Zoning Administrator shall notify the applicant
by electronic mail whether the application is incomplete and specify
any missing information; otherwise, the application shall be deemed
complete. Any disapproval of the application shall be in writing and
accompanied by an explanation for the disapproval. The sixty-day period
may be extended by the Zoning Administrator, in writing, for a period
not to exceed an additional 30 days. The application shall be deemed
approved if the Zoning Administrator fails to act within the initial
60 days or an extended thirty-day period. [Code of Virginia, § 15.2-2316.4(B)(1)]
(b)
The Zoning Administrator shall only deny approval for the facility
or structure on account of: i) material potential interference with
other preexisting communications facilities or with future communications
facilities that have already been designed and planned for a specific
location or that have been reserved for future public safety communications
facilities, or ii) the public safety or other critical public service
needs. Otherwise, the Zoning Administrator shall approve the facility
or structure, and the facility or structure does not require approval
from the Planning Commission or the Board of Supervisors. [Code of
Virginia, § 15.2-2316.4(B)(4)]
(c)
The applicant may voluntarily submit, and the Zoning Administrator
may accept, conditions that address potential visual or aesthetic
effects resulting from the placement, pursuant to this subsection,
of a facility or structure. [Code of Virginia, § 15.2-2316.4(B)(5)]
C.
Standard process projects.
(1)
Except as provided in Subsection B, no wireless facility or wireless support structure shall be sited, constructed, or operated except pursuant to a conditional use permit issued through the process defined in Part 103 of Article I of this chapter. The issuance of a conditional use permit for the siting, construction, and operation of a wireless facility is permitted within the zoning districts specified in this chapter, provided that, pursuant to Code of Virginia, § 15.2-2232(A), the general location or approximate location, character, and extent of such facilities are substantially in accord with the adopted Comprehensive Plan or part thereof and that adjoining properties, surrounding residential properties, land use patterns, scenic areas, and properties of significant historic value are not negatively impacted [based on current intro to County Code § 165-204.19].
(2)
Any person seeking to install a facility or structure pursuant
to this subsection shall make application to the Zoning Administrator,
accompanied by payment of a fee of $750. [Code of Virginia, § 15.2-2316.4:1(B)(2)
("the fee shall not exceed the actual direct costs to process the
application, including permits and inspection")] The application shall
be subject to consideration as follows and include the indicated information:
[6-10-2020]
(a)
The Board of Supervisors shall approve or disapprove the application
within 150 days of receipt of the complete application by the Zoning
Administrator or such shorter period as required by federal law, unless
the applicant and the Board agree to a longer period for approval
or disapproval of the application. Within 10 days after receipt of
an application and a valid electronic mail address for the applicant,
the Zoning Administrator shall notify the applicant by electronic
mail whether the application is incomplete and specify any missing
information; otherwise, the application shall be deemed complete.
[Code of Virginia, § 15.2-2316.4:1(C)]
(b)
Information to be included with application:
[1]
A map depicting the search area used in siting
the proposed facility or structure [Code of Virginia, § 15.2-2316.4:2(D);
based on current § 165-204.19A(2)];
[2]
Identification of all service providers and commercial
telecommunications facility infrastructure within the search area
[Code of Virginia, § 15.2-2316.4:2(D); based on current
§ 165-204.19A(3)];
[3]
Confirmation that attempts to co-locate on existing
structures have been made and, if such attempts were unsuccessful,
the reasons so [Code of Virginia, § 15.2-2316.4:2(D); based
on current § 165-204.19A(3)];
[4]
Documentation issued by the Federal Communications
Commission indicating that the proposed facility is in compliance
with the Federal Communications Commission's established ANSI/IEEE
standards for electromagnetic field levels and radio frequency radiation
[based on current § 165-204.19A(4)];
[5]
An affidavit signed by the landowner and by the owner of the facility or structure stating that they are aware that either or both of them may be held responsible for the removal of the facility or structure as stated in Subsection E [based on current § 165-204.19A(5)]; and
[6]
The applicant may voluntarily submit, and the Board
may accept, conditions that address potential visual or aesthetic
effects resulting from the placement of the facility or structure.
[Code of Virginia, § 15.2-2316.4:2(C)]
(3)
If the Board of Supervisors grants a conditional use permit
under this subsection, the following standards shall then apply to
any property on which a wireless facility or wireless support structure
is sited, in order to promote orderly development and mitigate the
negative impacts to adjoining properties, residential properties,
land use patterns, scenic areas, and properties of significant historic
value:
(a)
The Board may reduce the required setback distance for the wireless facility or wireless support structure as required by § 165-201.03B(8) of this Code if it can be demonstrated that the location is of equal or lesser impact. When a reduced setback is requested for a distance less than the height of the tower, a certified Virginia engineer shall provide verification to the Board that the wireless facility or wireless support structure is designed, and will be constructed, in a manner that if the wireless facility or wireless support structure collapsed the wireless facility or wireless support structure will be contained in an area around the wireless facility or wireless support structure with a radius equal to or lesser than the setback, measured from the center line of the base of the wireless facility or wireless support structure. In no case shall the setback distance be reduced to less than 1/2 the distance of the height of the wireless facility or wireless support structure.
(b)
Monopole-type construction shall be required for any new wireless
facility or wireless support structure. The Board may allow lattice-type
construction when existing or planned residential areas will not be
impacted and when the site is not adjacent to identified historic
resources.
(c)
No more than two signs shall be permitted on any wireless facility
or wireless support structure. Such signs shall be limited to 1.5
square feet in area and shall be posted no higher than 10 feet above
grade.
(d)
When lighting is required for a wireless facility or wireless
support structure, dual lighting shall be utilized which provides
daytime white strobe lighting and nighttime red pulsating lighting
unless otherwise mandated by the Federal Aviation Administration or
the Federal Communications Commission. Strobe lighting shall be shielded
from ground view to mitigate illumination to neighboring properties.
Equipment buildings and other accessory structures operated in conjunction
with the wireless facility or wireless support structure shall utilize
infrared lighting and motion-detector lighting to prevent continuous
illumination.
(e)
Every wireless facility and wireless support structure shall
be constructed with materials of a galvanized finish or be of a noncontrasting
blue or gray unless otherwise mandated by the Federal Aviation Administration
or the Federal Communications Commission.
(f)
Every wireless facility and wireless support structure shall
be adequately enclosed to prevent access by persons other than employees
of the service provider. Appropriate landscaping and opaque screening
shall be provided to ensure that equipment buildings and other accessory
structures are not visible from adjoining properties, roads, or other
rights-of-way.
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[The entirety of the above Subsection C(3) is based on current § 165-204.19B]
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(4)
If the Board of Supervisors denies a conditional use permit
under this subsection, the Board shall:
(a)
Provide applicant with a written statement of the reasons for
the denial [Code of Virginia, § 15.2-2316.4:1(E)(1)];
(b)
Identify any modifications of which the County is aware that
would permit it to approve the conditional use permit [Code of Virginia,
§ 15.2-2316.4:1(E)(2)]; and
(c)
Have supporting substantial record evidence in a written record
publicly released within 30 days of denial [Code of Virginia, § 15.2-2316.4:1(F)(2)].
D.
Maintenance of existing facilities and/or structures and replacement
of existing facilities and/or structures within a six-foot perimeter
with substantially similar or same size or smaller facilities and/or
structures are exempt from fees and permitting requirements under
this section. [Code of Virginia, § 15.2-2316.4:3(A)]
E.
Any facility or structure permitted by this section that is not operated
or used for a continuous period of 12 months shall be considered abandoned,
and the owner of such facility or structure shall remove same within
90 days of receipt of notice from the Frederick County Department
of Planning and Development. If the facility or structure is not removed
within the ninety-day period, the County may remove the facility and
a lien may be placed to recover expenses. [Code of Virginia, § 15.2-2316.4(B)(6);
based on current County Code § 165-204.19B(7)].
A.
Temporary trailers shall be allowed as a part of construction
projects. However, they shall not be used for residential purposes.
In addition, temporary trailers shall be removed before a final certificate
of occupancy is issued for the use under construction. All such trailers
shall meet applicable requirements of the Frederick County Code. In
general, the trailers shall remain only where specifically allowed
by this chapter and only if all applicable requirements are met. Permits
for such trailers will be for a maximum of one year. Applicants for
such permits shall furnish an affidavit to the Zoning Administrator,
stating that the use shall be limited as required.
B.
Temporary mobile homes used for residential purposes
shall only be allowed in the RA Rural Areas Zoning District. Such
temporary mobile homes may be used on a lot where a single-family
home is being constructed only if an affidavit is provided to the
Zoning Administrator stating that the mobile home will be removed
before a final certificate of occupancy is issued for the single-family
home. In such cases, a permit shall be obtained for the mobile home
and the mobile home shall meet all requirements of the Frederick County
Code. Permits for such mobile homes shall be for a maximum of one
year.
[Added 6-9-1993; amended 2-7-1995]
Where allowed, truck or fleet maintenance facilities
and truck rental and leasing facilities without drivers, shall meet
the following requirements:
A.
In the M-1 Light Industrial District, truck or fleet
maintenance facilities shall only be permitted in industrial parks.
B.
Truck or fleet maintenance facilities may have fuel
service, provided that it is limited to one gasoline storage tank
of 10,000 gallons or less and one diesel storage tank of 10,000 gallons
or less.
C.
All repair and maintenance operations shall occur
within a completely enclosed structure.
D.
Outdoor storage of parts associated with repair and
maintenance shall not be permitted.
E.
Retail sale of fuel shall not be permitted.
F.
The Zoning Administrator may require additional buffers and screening other than those defined in § 165-203.02 of this chapter.
[Amended 9-26-2012]
[Added 12-9-2009; amended 8-12-2015]
Farm wineries, farm breweries and farm distilleries in the RA
(Rural Areas) District shall meet the following requirements:
A.
Farm wineries. A farm winery shall be licensed as a Class A or Class
B farm winery in accordance with § 4.1-207 of the Code of
Virginia, as amended, and shall be located in the RA (Rural Areas)
District. No farm winery shall be established until an illustrative
sketch plan has been approved. All activities specified under § 15.2-2288.3E
of the Code of Virginia shall be permitted.
B.
Farm breweries (limited brewery). A farm brewery shall be licensed
as a limited brewery in accordance with § 4.1-208 of the
Code of Virginia, as amended, and shall be located in the RA (Rural
Areas) District. No limited brewery shall be established until an
illustrative sketch plan has been approved. All activities specified
under § 15.2-2288.3:1 of the Code of Virginia shall be permitted.
C.
Farm distilleries (limited distiller). A farm distillery shall be
licensed as a limited distiller in accordance with § 4.1-206
of the Code of Virginia, as amended, and shall be located in the RA
(Rural Areas) District. No limited distillery shall be established
until an illustrative sketch plan has been approved. All activities
specified under § 15.2-2288.3:2 of the Code of Virginia
shall be permitted.
D.
The following activities are permitted accessory uses at farm wineries,
breweries and distilleries:
E.
Events shall be permitted only on farm wineries, farm breweries and
farm distilleries of 10 acres or larger. Events for the purposes of
this section shall include but are not limited to meetings, conferences,
dinners, festivals, and wedding receptions.
[Amended 1-26-2022]
F.
An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County for all farm wineries, distilleries and breweries.
G.
Farm wineries, breweries and distilleries that share a private access
easement with another property owner/s must show the easement allows
a use of this type or written permission must be obtained by the sharing
parties.
[Added 12-9-2009; amended 9-26-2012; 12-13-2023]
A.
Welding repair operations in the RA (Rural Areas) District shall
meet the following requirements:
(1)
Hours of operation shall not exceed 7:00 a.m. through 7:00 p.m.,
Monday through Saturday.
(2)
Total building area shall not exceed 7,500 square feet.
(3)
All outdoor storage or repair areas shall be screened by a six-foot
board-on-board fence, evergreen screen or berm.
(4)
The Board of Supervisors may require buffer and screening elements
and/or distance when deemed necessary to protect existing adjacent
uses.
[Added 5-12-2010; amended 12-11-2019]
Tractor truck and/or tractor truck trailer parking facilities
in the B3 (Industrial Transition), M1 (Light Industrial) and M2 (Industrial
General) Zoning Districts permitted as a primary use with a conditional
use permit. The facilities shall not be located adjacent to residential
uses. These lots shall meet the following conditions:
A.
All areas utilized for the parking of tractor trucks and the storage
of trailers shall utilize a gravel or paved surface.
B.
All paved and gravel surfaces shall be properly maintained to ensure
that dirt, mud, gravel or the like is not distributed onto roadways.
C.
No inoperable tractor trucks or damaged/salvage trailers, or unlicensed
trailers shall be parked or stored on the site.
D.
Fuel sales shall not be permitted.
E.
Maintenance of trucks and trailers shall not be permitted.
F.
Facilities shall be required to landscape the yard area within the
front setback to provide for a double row of evergreen trees that
are staggered and planted a maximum of 12 feet on center. The side
and rear yards shall be planted with a single row of evergreen trees
that are planted a maximum of 40 feet on center. All trees shall be
a minimum of four feet in height at the time of planting. The Board
of Supervisors may allow for alternative landscaping based on topography
and/or adjacent land uses.
[Added 11-10-2010]
Flea markets, where allowed in the RA (Rural Areas) Zoning District,
shall meet the following requirements.
A.
Property size shall be a minimum of six acres not to exceed 15 acres.
B.
The site must have direct frontage and access to a collector or arterial
roadway. All entrances shall conform to VDOT standards.
C.
Flea markets may be located indoors or outdoors.
D.
Flea markets shall only be permitted to operate Friday through Sunday
and on holidays.
E.
Required onsite parking shall be one space per 400 square feet of
enclosed floor area and one space per 3,000 square feet of outdoor
display area.
F.
All parking spaces and travel aisles shall be graveled. The Board
of Supervisors may require, through the conditional use permit process,
that all travel aisles and/or parking spaces be paved with a minimum
double prime and seal or alternative dust free surface.
G.
All items displayed for sale shall be located within designated vendor
spaces.
H.
A Category B Zoning District Buffer shall be required along any adjacent
parcel six acres in size or less that is used for residential purposes.
A Category B Zoning District Buffer shall also be required along any
adjacent property where a dwelling is located 50 feet or less from
the proposed flea market property.
I.
When adjacent to property primarily used for purposes other than
residential, fencing (wire type, nonopaque) shall be provided along
the property line.
[Added 9-14-2011; amended 1-8-2020]
1.
Public utilities. Lot requirements for lots used by political subdivisions,
municipal corporations, the Virginia Department of Transportation,
the Frederick-Winchester Service Authority, or the Frederick Water
for public utility purposes shall be as follows:
A.
In all zoning districts, the Zoning Administrator shall have
the authority to determine the minimum lot size necessary for such
public utilities and the appropriate setbacks for such lots used for
public utility purposes.
B.
Such lots shall be exempt from the individual on-site sewage
disposal system requirements.
C.
Such lots may be accessed by private access easements; any such
easement shall be a minimum of 15 feet in width.
2.
Utility-scale solar power generating facilities.
A.
Any owner, lessee, or developer of real property for the purposes
of solar power energy generation shall enter into a written agreement,
prior to site plan approval, with Frederick County to decommission
solar energy equipment, facilities, or devices pursuant to the terms
and conditions of § 15.2-2241.2(B) of the Code of Virginia.
[Added 8-14-2013]
Where allowed, a temporary family health care structure shall
meet the following requirements:
A.
A
temporary family health care structure shall be permitted for use
by a caregiver in providing care for a mentally or physically impaired
person on property owned or occupied by the caregiver as his residence
as a permitted accessory use. Outside agencies or persons not residing
on the property may provide care for the mentally or physically impaired
person residing in the structure.
B.
No
temporary family health care structure shall be installed without
first obtaining a permit. The permit holder shall provide the County
with evidence of compliance on an annual basis as long as the temporary
family health care structure remains on the property.
C.
Only
one temporary family health care structure shall be placed on a lot
or parcel of land. Such structures shall comply with all setback requirements
that apply to the primary structure and with any maximum floor area
ratio limitations that may apply to the primary structure.
D.
Any
temporary family health care structure shall be connected to the water,
sewer, and electric utilities serving the primary residence on the
property and shall comply with all applicable requirements of the
Virginia Department of Health.
E.
No
signage advertising or otherwise promoting the existence of the temporary
family health care structure shall be permitted either on the exterior
of the structure or elsewhere on the property.
F.
Any
temporary family health care structure installed pursuant to this
section shall be removed within 60 days of the date on which the temporary
family health care structure was last occupied by a mentally or physically
impaired person receiving services or in need of the assistance provided
by the structure.
G.
The Zoning Administrator may revoke the permit granted pursuant to Subsection A above if the permit holder violates any provision of this section or the Code of Virginia. Additionally, the local governing body may seek injunctive relief or other appropriate actions or proceedings in the circuit court of that locality to ensure compliance with this section. The Zoning Administrator is vested with all necessary authority on behalf of the governing body of the locality to ensure compliance with this section.
[Added 11-13-2013]
Waiver requests for height increases in the EM, M1 and M2 Zoning
Districts shall adhere to the following requirements:
A.
Architectural
renderings of the proposed structure shall be submitted for review
by the Planning Commission and the Board of Supervisors.
B.
The
Board of Supervisors may require buffer and screening elements and/or
additional distance when deemed necessary to protect existing adjacent
uses.
C.
The
Board of Supervisors may require additional conditions as deemed necessary.
D.
This waiver shall not be permitted to increase the height of any signage regulated by § 165-201.06.
E.
The
Planning Commission and the Board of Supervisors shall hold a public
hearing for any height waiver request.
[Added 1-11-2017; amended 3-8-2023]
Commercial indoor recreation located in the M1 (Light Industrial)
District and the TM (Technology-Manufacturing) District shall be subject
to the following requirements:
A.
Parking areas for recreation facilities shall be designated to enhance
the safety of patrons as they arrive at and leave the facility.
B.
Adequate parking shall be provided on site or through a shared parking agreement per § 165-202.01.
C.
Establishments shall include a designated pickup and delivery area
for all patrons in such a way that provides safe and clearly designated
access to enter or exit the facility.
D.
All uses shall be operated indoors; outdoor recreation shall be prohibited.
[Added 5-24-2017]
Special events facilities, where allowed in the RA (Rural Areas)
District, shall be subject to the following requirements:
A.
An illustrative sketch plan in accordance with the requirements of Article VIII shall be submitted with the conditional use permit application. This plan shall identify access for the facility, the location of all parking areas, the location and square footage for all structure(s) to be used, and the location of sewage disposal facilities.
B.
All structures associated with a special events facility shall require
a review and approval by the Building Official.
[Amended 12-11-2019]
C.
All parking spaces and travel aisles shall be graveled. The Board
of Supervisors may require through the conditional use permit process
that all travel aisles and/or parking spaces be paved with a minimum
double prime and seal or alternative dust-free surface.
D.
Portable toilets shall be permitted for special event facilities,
provided that they are screened from all adjoining properties and
roads by topography, structures or new or existing landscaping.
E.
Special events facilities that share a private access easement with
another property owner/s must show the easement allows a use of this
type or written permission must be obtained by the sharing parties.
[Added 7-12-2017]
Doctors of medicine, dentists and other health practitioners
in the RP (Residential Performance) District and the RA (Rural Areas)
District shall be subject to the following requirements:
A.
Excluding
buffers and screening, the use and site shall adhere to, and implement,
General Business (B2) Zoning District design standards;
B.
Buffers
and screening (including distance, opaque elements, and landscaping)
shall be determined by the Zoning Administrator;
C.
The
use must front on and be accessed via a collector or arterial roadway;
D.
The
primary use of the structure shall be the doctor' s office; and
E.
The
use shall not be located within a residential development/subdivision.
[Added 11-13-2019]
Country general stores located in the RA Rural Areas Zoning
District shall meet the following requirements:
A.
A country general store may not exceed 3,500 square feet of gross
retail floor area.
B.
Country general stores may not include accessory fuel sales.
C.
A site plan shall be submitted to and approved by Frederick County
prior to the establishment of the use.
D.
B2 General Business Zoning District standards apply, including building
height, building and parking setbacks, buffering, screening, and landscaping
standards.
E.
All new buildings require building permits reviewed and approved by Building Inspections. Existing buildings should conform to the requirements under Article IX.
F.
Any expansion of an approved country general store requires approval
of a new conditional use permit (CUP).
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Note: Retail uses with a square footage in excess of 3,500 square
feet or with fuel sales shall be located within or adjacent to a designated
rural community center, as defined in the Comprehensive Plan, and/or
require a rezoning application to a business district.
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[Added 4-14-2021]
All boat repair uses shall meet the following requirements:
A.
All repair activities shall take place entirely within an enclosed
structure.
B.
All exterior storage of parts, equipment, and boats shall be screened
from view of surrounding properties by an opaque fence or screen a
minimum of six feet in height. This fence or screen shall be adequately
maintained.
C.
In the RA, M1, and M2 Zoning Districts, the sale or resale of boats
shall not be permitted as an accessory or secondary use to a boat
repair shop.
[Added 6-9-2021]
Agricultural supply cooperatives located in the RA (Rural Areas)
Zoning District shall meet the following requirements:
A.
The sale of agricultural and garden machinery shall only be permitted
as an accessory use.
B.
The repair of agricultural and garden machinery shall be prohibited.
C.
The on-site sale of gasoline, off-road diesel, and other liquid fuels
shall not be permitted on premises, however off-site sale (via delivery)
of gasoline, off-road diesel, and other liquid fuels shall be permitted,
and propane shall be permitted to be sold on the premises.
D.
A site plan shall be submitted to and approved by Frederick County
prior to the establishment of the use.
E.
B2 (General Business) Zoning District standards apply, including
but not limited to building height, building setbacks, parking setbacks,
buffering, screening, and landscaping.
[Added 9-28-2022]
Where permitted, short-term lodging shall meet the following
requirements:
A.
The
maximum number of lodgers per night shall not exceed 10 unrelated
persons, except where the Uniform Statewide Building Code permits
only a fewer number of occupants.
B.
No
more than five guest rooms are permitted for short-term lodging.
C.
The
maximum number of rental contracts for a short-term lodging dwelling
unit per night is one. All lodgers occupying the short-term lodging
dwelling unit must be associated with the same rental contract.
D.
A
dwelling or manufactured home used for short-term lodging shall comply
with the following standards:
(1)
Be available for inspection by the County during reasonable hours
and in accordance with the Zoning Ordinance. Comply with the requirements
of the applicable version of the Virginia Uniform Statewide Building
Code or Virginia Manufactured Home Safety Regulations, as determined
by the Building Official.
(2)
Have a working multipurpose fire extinguisher, smoke detectors and
carbon monoxide detectors (when required for a fireplace or gas service).
(3)
Have a plan posted inside the door of each sleeping room showing
the exit pathway from the sleeping room used for short-term lodging
to the nearest exit from the dwelling or manufactured home.
(4)
Have at least two designated off-street parking spaces available
for lodgers which the operator has the authority to reserve for short-term
lodging purposes.
E.
Special
events, as defined in Part 101 of this chapter, are prohibited in
association with short-term lodging use.
F.
No
short-term lodging activity shall take place on the property until
the Department of Planning and Development has approved a short-term
lodging administrative permit for the use and the Commissioner of
the Revenue has approved a business license for the use.
[Added 12-13-2023]
Adult retail uses meeting the minimum requirements of this chapter,
any conditions imposed by the Board of Supervisors, and with the following
minimum conditions:
A.
Such uses shall be located at least 2,500 feet from the property
line of existing adult retail uses, schools, churches, parks, day-care
facilities and residential uses and districts.
B.
Such uses shall not be permitted in shopping centers and/or multitenant
buildings.
C.
All merchandise display areas shall be limited to enclosed structures
and shall not be visible from the outside.
D.
Business signs shall not exceed a maximum of 25 square feet. No wall-mounted
signs or window displays shall be permitted.
E.
Hours of operation shall be limited to between 9:00 a.m. and 11:00
p.m.
