[Amended 5-11-1994; 6-8-1994; 5-4-1995; 2-26-1997; 10-27-1999; 8-9-2000; 1-12-2005; 4-26-2005; 8-24-2005; 7-26-2006; 11-14-2007; 2-13-2008; 12-10-2008; 9-26-2012; 1-23-2013]
A.
Part 402 is intended to provide for a compatible mixture of quality
residential housing types within the Urban Development Area, consistent
with the residential land use policies of the Comprehensive Plan.
The plan identifies basic land use characteristics which are to be
encouraged:
(1)
Efficient land use patterns that create high-quality neighborhoods
that are attractive and pedestrian oriented.
(2)
Densities that promote a compact and efficient use of land.
(3)
Reduced housing and public facility costs.
(4)
Energy efficient housing and housing patterns.
(5)
Sustainable and environmentally sensitive land use.
B.
Within this Part 402, a number of general performance requirements
are identified. When a housing development has satisfied these requirements,
this Part 402 is intended to provide a large degree of flexibility
in development and housing design. This design process is accomplished
through a master development plan which is designed in cooperation
with the County staff.
[Amended 3-13-2013; 10-13-2021]
C.
It is the intent of this Part 402 to allow a mixture of housing types
on the land within an approved master development plan. Within this
Part 402, the permitted development percentages and densities for
all housing types are identified. The master development plan shall
specify the amount and percentages of all proposed housing types.
[Amended 3-13-2013]
D.
While a mixture of housing types is allowed on a site, the intent
is to use the master development plan and the other article regulations
to place the different housing types on the site in a way that will
protect the living environment of the new residents and existing residential
land uses. It is the intention of this Part 402 to integrate new residential
developments with existing residential developments and to ensure
that different residential developments are properly screened from
one another while still creating a sense of community and while providing
for a variety of housing options. This Part 402 attempts to encourage
the provision of some amenities through density bonuses, which are
intended to enhance the development without increasing housing costs.
E.
Streets shall be provided in new developments to continue existing
and planned street patterns and in conformance with the Comprehensive
Plan as well as any road improvement plans where appropriate and where
necessary to achieve an interconnected street system. Streets and
rights-of-way in proposed developments, intended to be developed in
the future, shall be clearly designated to take into account future
development as indicated in the Comprehensive Plan.
F.
In those sections of this Part 402 where discretion is given to the
Zoning Administrator, that discretion shall be exercised with this
statement of intent as the primary guide for action.
A.
All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article VIII of this chapter.
B.
Structures and land shall be used for one of the following uses:
(1)
All residential housing types specified in § 165-402.09.
(2)
Schools and churches.
(3)
Fire stations and companies and rescue squads.
(4)
Group homes.
(5)
Home occupations.
(6)
Public utilities excluding energy-generating facilities.
[Amended 1-8-2020]
(7)
Accessory uses and structures. Accessory structures attached
to the main structure shall be considered part of the main structure.
Mobile homes and trailers, as defined, shall not be permitted as accessory
structures or buildings.
(8)
Required or bonus recreational facilities, public or private
parks, neighborhood parks, playgrounds, or other noncommercial recreational
facilities.
(9)
Business signs associated with schools, churches, fire stations
and companies and rescue squads, recreational facilities, public parks,
playgrounds, and libraries.
(10)
Temporary model homes used for sale of properties in a residential
development.
(11)
Libraries.
(12)
Public buildings.
(15)
Temporary family health care structure. (NOTE: By adding temporary
family health care structure as a permitted use in the RP District,
it is also automatically a permitted use in the R4 and R5 Districts.)
[Added 8-14-2013]
(16)
Short-term lodging.
[Added 9-28-2022]
Uses and associated signs permitted with a conditional use permit
shall be as follows:
A.
Convalescent and nursing homes and adult care residences and assisted
living care facilities.
B.
Cottage occupations, as defined.
C.
Nationally chartered fraternal lodges or civic clubs, social centers
and their related club facilities, with an approved site plan, meeting
the requirements of this chapter and with the following conditions:
(1)
All principal activities shall take place entirely within an
enclosed structure.
(2)
All outdoor facilities shall be incidental to the principal
facility or activity.
(3)
No facility or activity shall be erected or conducted less than
30 feet from any residential district or area within other districts
which are predominantly residential in nature.
D.
Day-care facilities.
E.
Rooming houses, boardinghouses and tourist homes.
F.
Veterinary offices, veterinary clinics or veterinary hospitals, excluding
the boarding of animals for nonmedical purposes.
G.
Museums.
H.
Offices and clinics of doctors of medicine, dentists and other health
practitioners.
[Added 7-12-2017; amended 12-13-2023]
More than one principal structure or use and its customary accessory
structures or uses are permitted in the RP Residential Performance
District for multiplexes, garden apartments, multifamily residential
buildings and age-restricted multifamily housing.
A gross density shall be established for each proposed development,
including all land contained within a single master development plan,
according to the characteristics of the land, the capacity of public
facilities and roads and the nature of surrounding uses. Because of
these characteristics, some developments may not be allowed to employ
the maximum density allowed by these regulations. The following density
requirements shall apply to all parcels as they exist at the time
of the adoption of this section:
A.
Subsequent divisions of land shall not increase the allowed density
on parcels of land.
B.
In no case shall the gross density and maximum percentage of multifamily
housing of any development within an approved master development plan
exceed the densities and percentages set forth in the following table:
Density by Land Use
|
Density
(units/acre)
|
Maximum Percentage of Multifamily Housing
|
---|---|---|
Multifamily residential buildings and age-restricted multifamily
(excluding garden apartments)
|
20
|
100%
|
Garden apartments
|
10
|
100%
|
Townhouse (single-family attached)
|
10
|
N/A
|
Density by Parcel Size
(for all other housing types and development with mixed
housing types)
(acres)
|
Density
(units/acre)
|
Maximum Percentage of Multifamily Housing
|
---|---|---|
0 to 10
|
10
|
100%
|
10.1 to 25
|
6
|
100%
|
25.1 to 50
|
6
|
75%
|
50.1+
|
6
|
50%
|
C.
Within developments utilizing transferable development rights, the maximum gross residential density for the development shall be determined in § 165-302.03H.
A.
The developer/subdivider is permitted to construct the subdivision
in phases or sections as long as:
(1)
All sections are indicated on the master development plan and
are of a size and at such a location that they constitute economically
sound increments of development.
(2)
Common recreational facilities and improvements and other improvements
indicated for any phase section are required to be started not later
than when that section reaches fifty-percent occupancy and are required
to be complete by the time that section reaches sixty-percent occupancy.
(3)
Provisions shall be made to incorporate all phases or sections
of the planned development under one homeowners' association/corporation.
B.
In order to provide sufficient, safe access, the Planning Commission
and the Board of Supervisors may require that the phases be arranged
so that essential street entrances to the development are provided
in the initial phases of the development.
A.
A minimum percentage of the gross area of any proposed development
shall be designated as common open space. This open space shall be
for purposes of environmental protection and for the common use of
residents of the development. Such open space shall be dedicated to
a property owners' association or to Frederick County. Open space
shall be dedicated to Frederick County only with the approval of the
Board of Supervisors. The Board of Supervisors may allow public libraries
and public schools to be located within areas designated as common
open space, provided that the proposed facilities are indicated on
the original master development plan for the residential development.
During the review of the master development plan, the Board of Supervisors
shall ensure that the location of a proposed public library or public
school is appropriate and that adequate buffers, screening and access
are provided to prevent negative impacts to adjoining residential
uses. Public libraries and public schools shall be dedicated to Frederick
County. Developments which contain any of the following housing types
shall provide open space as specified below:
Type of Development
|
Minimum Required Open Space
(percent)
|
---|---|
Developments containing only single-family detached rural traditional
housing
|
0%
|
Developments containing only single-family traditional or detached
urban housing
|
15%
|
Developments in which no less than 60% of the dwellings are
single-family detached traditional housing mixed with any other housing
types
|
20%
|
Developments containing only single-family detached cluster
or a mixture of single-family detached cluster and urban housing
|
25%
|
Single-family small lot housing
|
30%
|
All other residential developments
|
30%
|
Nonresidential uses (minimum landscaped area)
|
15%
|
B.
No more than 50% of the required open space shall be within the following
environmental areas: lakes and ponds, floodplain, wetlands or steep
slopes. The Administrator, upon recommendation by the Planning Commission,
may allow a larger amount of steep slopes to be utilized where the
developer can demonstrate a viable plan to make these areas useful.
C.
In developments containing only single-family detached urban housing
or single-family detached urban housing mixed with single-family detached
traditional housing, the required open space may be waived by the
Board of Supervisors. The open space requirement shall only be waived
when the required open space is less than one acre. Such waiver shall
not include open space provided to meet environmental requirements.
D.
The minimum required open space percentages provided in § 165-402.07A of this chapter may be reduced for residential developments which provide for active recreational areas and amenities, upon the granting of an open space waiver issued by the Board of Supervisors. In no case shall the required open space (per § 165-402.07A) be reduced more than 75% for single-family detached housing types (excluding single-family small lot) and no more than 50% for all other residential housing types and mixtures. Active recreational areas and amenities shall be incorporated within the development's common open space and be for the use of and maintained by the subject development's property owner's association. The active recreational area and amenity value shall be equivalent to the value of one recreational unit for each 30 dwelling units. The active recreational area and amenity value and design shall be approved by the Zoning Administrator in conjunction with the Director of Parks and Recreation. These open space active recreational areas and amenities shall be in addition to the minimum recreational facilities identified in § 165-402.08. The gross density requirements as required in § 165-402.05 shall not be exceeded through the reduction of common open space. Requests for an open space reduction waiver would be considered by the Board of Supervisors during the master development plan process. Acceptance of the reduced open space request will be based on the quality of the open space and the recreational amenities provided.
A.
Single-family small lot, multiplex, townhouse, back-to-back townhouse,
garden apartment and multifamily building housing types shall provide
the following recreational units or equivalent recreational facilities
for each 30 dwelling units. All such developments shall contain at
least one such recreational unit. In addition, developments containing
single-family small-lot housing shall provide a community center that
provides for the equivalent of three age-appropriate recreational
units for each 30 dwelling units. The facilities shall be in a configuration
and location that is easily accessible and centrally located to the
dwelling units that they are designed to serve. The design and amount
of facilities shall be approved by the Zoning Administrator in conjunction
with the Department of Parks and Recreation, using the following recreational
unit as a guideline. The design of such facilities shall be approved
at the time of site plan review.
(1)
The Board of Supervisors may provide a waiver for the community center requirement specified in § 165-402.08A in single-family small-lot subdivisions that contain less than 25 lots. This waiver may be requested by the applicant during the consideration of the subdivision design plan if no master development plan is required. The applicant is required to demonstrate how an equivalent recreational value of three recreational units for each 30 dwelling units, prorated, is being provided within the project, to the County, or a combination of both as a condition of requesting approval of a waiver by the Board of Supervisors.
B.
A recreational unit is designed to meet the recreational needs of
30 dwelling units. The units may be broken into smaller units or added
together to meet the needs of the total development. An example recreational
unit shall be as follows:
(1)
Playground: composite play system for school-age children with
a minimum of eight play features and one swing set.
Quantity
|
Equipment
|
---|---|
Deck heights reaching at least 5 feet
| |
Minimum 2
|
2- to 5-year-old play features
|
Minimum 1
|
Slides
|
Minimum 1
|
Climbing features
|
Minimum 1
|
Overhead features
|
Minimum 1
|
Tunnels
|
Minimum 1
|
Play panels
|
Minimum 1
|
Swings (8 feet high, 2 seats)
|
(2)
Or any recreational facilities of equivalent monetary value
which may include:
The following dimensional requirements shall be met by uses
in the RP Residential Performance District. The Zoning Administrator
shall make the final determination as to the classification of housing
types. Unless otherwise specified, all housing types shall be served
by public sewer and water.
A.
Single-family detached rural traditional. This dwelling type consists of a fully detached, large-lot
single-family residence on an individual lot with private yards on
all four sides, without public sewer and water. Dimensional requirements
shall be as follows:
A. Lot Dimensions
| |
A1 Minimum lot area
|
100,000 square feet
|
A2 Minimum lot depth to width ratio
|
1:3
|
B. Building Setbacks
| |
B1 From road right-of-way
|
60 feet
|
B2 Side
|
15 feet
|
B3 Rear
|
50 feet
|
C. Setbacks for unroofed decks, stoops, landings and similar
features
| |
C1 Front from road right-of-way
|
50 feet
|
C2 Side
|
10 feet
|
C3 Rear
|
35 feet
|
D. Minimum Parking
| |
D1 Required off-street parking
|
2 per unit
|
E. Height
| |
E1 Principal building (max)
|
35 feet
|
E2 Accessory building (max)
|
20 feet
|
B.
Single-family detached traditional. This dwelling type consists of a fully detached, large-lot single-family
residence with private yards on all four sides without required common
open space. Dimensional requirements shall be as follows:
A. Lot Dimensions
| |
A1 Minimum lot area
|
15,000 square feet
|
A2 Minimum lot width at setback
|
80 feet
|
B. Building Setbacks
| |
B1 From road right-of-way
|
35 feet
|
B2 Side
|
10 feet
|
B3 Rear
|
25 feet
|
C. Setbacks for unroofed decks, stoops, landings and similar
features
| |
C1 Front from road right-of-way
|
25 feet
|
C2 Side
|
5 feet
|
C3 Rear
|
15 feet
|
D. Minimum Parking
| |
D1 Required off-street parking
|
2 per unit
|
E. Height
| |
E1 Principal building (max)
|
35 feet
|
E2 Accessory building (max)
|
20 feet
|
C.
Single-family detached urban. This dwelling type consists of a fully detached, single-family residence
on an individual lot with private yards on all four sides. Dimensional
requirements shall be as follows:
A. Lot Dimensions
| |
A1 Minimum lot area
|
12,000 square feet
|
A2 Minimum lot width at setback
|
70 feet
|
A3 Minimum lot width at road right-of-way
|
40 feet
|
B. Building Setbacks
| |
B1 From road right-of-way
|
35 feet
|
B2 Side
|
10 feet
|
B3 Rear
|
25 feet
|
C. Setbacks for unroofed decks, stoops, landings and similar
features
| |
C1 Front from road right-of-way
|
25 feet
|
C2 Side
|
5 feet
|
C3 Rear
|
15 feet
|
D. Minimum Parking
| |
D1 Required off-street parking
|
2 per unit
|
E. Height
| |
E1 Principal building (max)
|
35 feet
|
E2 Accessory building (max)
|
20 feet
|
D.
Single-family detached cluster. This dwelling type consists of a fully detached, single-family residence
on an individual lot, with private yards on all four sides. Dimensional
requirements shall be as follows:
A. Lot Dimensions
| |
A1 Minimum lot area
|
8,000 square feet
|
A2 Minimum lot width at setback
|
60 feet
|
A3 Minimum lot width at road right-of-way
|
30 feet
|
B. Building Setbacks
| |
B1 From road right-of-way
|
25 feet
|
B2 Side
|
8 feet
|
B3 Rear
|
20 feet
|
C. Setbacks for unroofed decks, stoops, landings and similar
features
| |
C1 Front from road right-of-way
|
15 feet
|
C2 Side
|
5 feet
|
C3 Rear
|
10 feet
|
D. Minimum Parking
| |
D1 Required off-street parking
|
2 per unit
|
E. Height
| |
E1 Principal building (max)
|
35 feet
|
E2 Accessory building (max)
|
20 feet
|
E.
Single-family detached zero lot line. This dwelling type consists of a fully detached, single-family
residence on an individual lot. The building is set on one of the
side property lines, with a maintenance easement on the adjoining
lot. Dimensional requirements shall be as follows:
A. Lot Dimensions
| |
A1 Minimum lot area
|
6,000 square feet
|
B. Building Setbacks
| |
B1 From road right-of-way
|
25 feet
|
B2 Minimum on-site building spacing (side)
|
25 feet
|
B3 Rear
|
25 feet
|
C. Setbacks for unroofed decks, stoops, landings and similar
features
| |
C1 Front from road right-of-way
|
15 feet
|
C2 Side
|
20 feet
|
C3 Rear
|
15 feet
|
D. Minimum Parking
| |
D1 Required off-street parking
|
2 per unit
|
E. Height
| |
E1 Principal building (max)
|
35 feet
|
E2 Accessory building (max)
|
20 feet
|
F. Supplemental Regulations
| |
F1 A maintenance easement of 10 feet in width must be obtained
on the lot adjacent to the zero lot line side.
| |
F2 The opposite side yard must be maintained clear of any obstructions
other than a three-foot eaves encroachment, swimming pools, normal
landscaping, removable patio covers extending no more than five feet
or garden walls or fences. In no case shall any encroachment other
than a fence be placed within the required maintenance easement.
| |
F3 The zero lot line side must not be adjacent to a road right-of-way.
|
F.
Single-family small lot. This
dwelling type consists of a single-family detached or attached residence
on an individual lot. No more than two units may be attached together.
Dimensional requirements shall be as follows:
A. Lot Dimensions
| ||
A1 Minimum lot area
|
3,750 square feet
| |
B. Building Setbacks
| ||
B1 From public or private road right-of-way
|
25 feet
| |
B2 The front setback may be reduced to 15 feet, provided that
the residential unit utilizes a rear alley for access and there are
no driveways on the private or public road fronting the residential
unit.
| ||
B3 Side
|
Detached option: 5 feet
|
Attached option: 10 feet
|
B4 Rear
|
15 feet
| |
B5 Minimum building spacing
|
Attached option: 20 feet
| |
C. Setbacks for unroofed decks, stoops, landings and similar
features
| ||
C1 Front from private/public road
|
15 feet
|
Rear alley option: 10 feet
|
C2 Side (end unit)
|
5 feet
| |
C3 Rear
|
10 feet
| |
C4 Rear (from open space)
|
5 feet
| |
D. Minimum Parking
| ||
D1 Required off-street parking
|
2 per unit
| |
E. Height
| ||
E1 Principal building (max)
|
35 feet
| |
E2 Accessory building (max)
|
20 feet
| |
F. Supplemental regulations
| ||
F1. A minimum of 20 landscape plantings shall be provided on
each individual lot. At least 1/4 of the landscape plantings shall
be trees, with the remainder being shrubs. The trees shall be a minimum
of two inches in caliper at time of planting, and the shrubs shall
be a minimum of three.
| ||
F2. Detached accessory structures may not exceed 150 square
feet.
|
G.
Multiplex. A "multiplex" is an
attached residence containing three to four dwelling units. Units
may or may not have independent outside access. Units within multiplex
structures may be arranged side to side, back to back or vertically.
Dimensional requirements shall be as follows:
A. Lot Dimensions
| |
A1 Minimum lot area per unit
|
3,000 square feet
|
A2 Maximum site impervious surface ratio
|
0.50
|
B. Building Setbacks
| |
B1 From road right-of-way
|
35 feet
|
B2 From parking areas or driveways
|
20 feet
|
B3 Side
|
15 feet from perimeter boundary
|
B4 Rear
|
25 feet from perimeter boundary
|
C. Setbacks for unroofed decks, stoops, landings and similar
features
| |
C1 Front from road right-of-way
|
25 feet
|
C2 Front from parking areas or driveways
|
15 feet
|
C3 Side
|
10 feet
|
C4 Rear
|
15 feet
|
D. Minimum Parking
| |
D1 Required off-street parking
|
2 per unit
|
E. Height
| |
E1 Principal building (max)
|
35 feet
|
E2 Accessory building (max)
|
20 feet
|
H.
Townhouse; back-to-back townhouse. This dwelling type consists of a single-family attached dwelling
unit from ground to roof, with individual outside access. Rows of
townhouses shall contain no more than eight dwelling units in a group.
Back-to-back townhouses shall contain no more than 16 dwelling units
in a group. Dimensional requirements shall be as follows:
[Amended 5-25-2022]
A. Lot Dimensions
| |||
A1 Minimum lot area
|
1,500 square feet
| ||
A2 Minimum lot width
|
End unit: 22 feet
|
Interior unit: 18 feet
| |
B. Building Setbacks
| |||
B1 From public or private road right-of-way
|
With garage: 25 feet
|
Without garage: 15 feet
| |
B2 From off-street parking lot
|
15 feet
| ||
B3 Side
|
10 feet
| ||
B4 Rear
|
20 feet
|
Back-to-back option: N/A
| |
C. Setbacks for unroofed decks, stoops, landings and similar
features
| |||
C1 Front from off-street parking lot
|
10 feet
| ||
C2 Front from private/public road
|
15 feet
| ||
C3 Side (end unit)
|
5 feet
| ||
C4 Rear
|
5 feet
| ||
D. Minimum Parking
| |||
D1 Required off-street parking
|
2.5 per unit
| ||
E. Height
| |||
E1 Principal building (max)
|
40 feet
| ||
E2 Accessory building (max)
|
20 feet
|
I.
Garden apartments. This housing
type consists of buildings that contain multiple dwelling units that
share a common yard area. The entire dwelling unit does not necessarily
have to be on the same floor. Garden apartments shall be at least
two stories high but no more than four stories and shall contain six
or more units in a single structure, not to exceed 16 units within
a single structure. Dimensional requirements shall be as follows:
A. Lot Dimensions
| |
A1 Maximum site impervious surface ratio
|
0.60
|
B. Building Setbacks
| |
B1 From public road right-of-way
|
35 feet
|
B2 From private road right-of-way, off-street parking lot or
driveway
|
20 feet
|
B3 Side (perimeter)
|
20 feet
|
B4 Rear (perimeter)
|
25 feet
|
B5 Rear for balconies and decks
|
20 feet
|
B6 Minimum on-site building spacing: Buildings placed side to
side shall have a minimum distance of 20 feet between buildings; buildings
placed side to back shall have a minimum distance of 35 feet between
buildings. Buildings back to back shall have a minimum distance of
50 feet between buildings.
| |
C. Minimum Parking
| |
C1 Required off-street parking
|
2 per unit
|
D. Height
| |
D1 Principal building (max):
|
55 feet
|
D2 Accessory building (max)
|
20 feet
|
J.
Multifamily residential buildings. This housing type consists of multifamily buildings with a minimum
of four dwelling unit entrances sharing an internal corridor per floor.
The entire dwelling unit does not necessarily have to be on the same
floor. External corridors are not permitted. Multifamily residential
buildings shall only be located in areas designated in the Comprehensive
Plan as neighborhood villages, urban centers or other areas planned
for high-density residential. Dimensional requirements shall be as
follows:
A. Lot Dimensions
| |
A1 Maximum site impervious surface ratio
|
0.60
|
B. Building Setbacks
| |
B1 From public road right-of-way
|
35 feet
|
B2 From off-street parking lot or driveway
|
20 feet
|
B3 Side (perimeter)
|
50 feet
|
B4 Rear (perimeter)
|
50 feet
|
B5 Rear for balconies and decks
|
20 feet
|
B6 Minimum on-site building spacing: Buildings placed side to
side shall have a minimum distance of 20 feet between buildings; buildings
placed side to back shall have a minimum distance of 35 feet between
buildings. Buildings back to back shall have a minimum distance of
50 feet between buildings.
| |
C. Minimum Parking
| |
C1 Required off-street parking
|
2 per unit
|
D. Height
| |
D1 Principal building (max): 60 feet, provided that a multifamily
residential building may be erected to a maximum of 80 feet if it
is set back from road right-of-ways and from lot lines in addition
to each of the required minimum yard dimensions, a distance of not
less than one foot for each one foot of height that it exceeds the
sixty-foot limit.
| |
D2 Accessory building (max)
|
20 feet
|
K.
Age-restricted multifamily housing. "Age-restricted multifamily housing" is multifamily buildings where
individual dwelling units share a common outside access. They also
share a common yard area, which is the sum of the required lot areas
of all dwelling units within the building. Age-restricted multifamily
housing shall only be permitted within proffered age-restricted developments.
Elevator service shall be provided to each floor of age-restricted
multifamily housing structures for use by residents and guests. Dimensional
requirements shall be as follows:
A. Lot Dimensions
| |
A1 Minimum lot area
|
3 acres
|
A2 Maximum site impervious surface ratio
|
0.60
|
A3 Maximum number of units per building
|
110
|
B. Building Setbacks
| |
B1 From road right-of-way
|
60 feet
|
B2 From off-street parking lot or driveway
|
5 feet
|
B3 Side (perimeter): 100 feet from the perimeter boundary. An
additional two feet from the perimeter boundary shall be added for
every foot that the height of the building exceeds 40 feet when the
adjacent use is single-family residences.
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B4 Rear (perimeter): 100 feet from the perimeter boundary. An
additional two feet from the perimeter boundary shall be added for
every foot that the height of the building exceeds 40 feet when the
adjacent use is single-family residences.
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B5 Rear for balconies and decks
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May extend 10 feet into a perimeter setback
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B6 Minimum on-site building spacing: Buildings placed side to
side shall have a minimum distance of 20 feet between buildings; buildings
placed side to back shall have a minimum distance of 35 feet between
buildings. Buildings back to back shall have a minimum distance of
50 feet between buildings.
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C. Minimum Parking
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C1 Required off-street parking
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1.5 per unit
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D. Height
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D1 Principal building (max): The maximum structure height for
any principal building shall be 40 feet. The Board of Supervisors
may waive the forty-foot height limitation, provided that it will
not negatively impact adjacent residential uses. In no case shall
any principal building exceed 60 feet in height.
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D2 Accessory building (max)
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20 feet
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L.
Height for other uses. The height
for all other uses not otherwise specified shall not exceed 45 feet.
M.
Setbacks for accessory structures. Accessory structures shall be set back from all property lines a
minimum of five feet, except for uses with a required enclosed yard.
O.
Setbacks from business and industrial uses. All proposed structures shall be set back 50 feet from the
boundary of land zoned for business or industrial uses or land currently
containing business or industrial uses.
P.
Pipestem lots. The use of pipestem
lots is permitted for single-family detached traditional, single-family
detached urban and single-family detached cluster lot types, if all
of the following design requirements are met:
(1)
The total number of pipestem lots in a residential development
may not exceed 5% of the total number of lots.
(2)
Pipestem lots shall have a minimum road frontage of 20 feet.
(3)
Pipestem lot driveways shall access only one lot.
(5)
Pipestem lot driveways shall not adjoin other pipestem driveways.
(6)
Unless specified differently above, pipestem lots shall comply
with all other regulations of the Frederick County Zoning and Subdivision
Ordinances.