Part 204 Additional Regulations for Specific Uses

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.

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.

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.

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:

Individual unit size dimensional requirements. Maximum unit sizes shall be 20,000 square feet.

Site layout requirements.

Loading bays.

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]

Minimum on-site building separation shall be as follows:

Front yard: 30 feet.

Side yard: 30 feet.

Rear yard: 120 feet.

Entrances onto the site shall clearly separate automobile traffic from truck traffic. Automobile parking and truck loading areas shall be clearly separated.

§ 165-204.07 Government services office.

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:

Government services office uses shall be located within the Sewer and Water Service Area (SWSA), as identified by the County's Comprehensive Policy Plan.

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.

The facility shall be served by public water and sewer.

The use and site shall adhere to, and implement, Business General (B2) Zoning District design standards.

§ 165-204.08 Grocery and food stores.

[Added 12-12-2007; amended 7-10-2024]

Grocery or food stores shall meet the following requirements:

In the B3 (Industrial Transition) Zoning District: 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.

In the B1 (Neighborhood Business) Zoning District: Maximum building square footage used for retail sales of grocery or food products shall not exceed 15,000 square feet.

§ 165-204.09 Humanitarian aid organizational office.

[Added 1-27-1999]

Nonprofit aid organizational offices located in the RA (Rural Areas) Zoning District shall be subject to the following requirements:

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.

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.

All signs shall conform with the cottage occupation sign requirements.

No marketing of merchandise shall occur from this property.

§ 165-204.10 Kennels.

Where allowed separately or as a part of a veterinary clinic or hospital, kennels shall meet the following requirements:

All dogs shall be confined to secure pens or structures.

Where kennels 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.

§ 165-204.11 Landfills, junkyards, trash disposal and inoperable vehicles and trailers.

[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.

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.

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.

Inoperable motor vehicles and trailers.

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

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.

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.

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.

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.

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.

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.

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:

Junkyards which are screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main traveled way of the highway or street or otherwise removed from sight.

§ 165-204.12 Motor vehicle service uses, automotive repair shops and public garages.

Junkyards which are not visible from the main traveled way of the highway.

[Amended 9-28-2011]

All motor vehicle service uses, automotive repair shops and public garages shall meet the following requirements:

All repair shall take place entirely within an enclosed structure.

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]

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]

Chain-link fencing with slats shall consist of double-walled winged slats; or equivalent if approved by the Zoning Administrator.

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.

§ 165-204.14 Sewage treatment facilities.

Chain-link fencing with slats shall not be permitted to be used as a screen along primary, arterial, or collector roadways.

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.

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]

§ 165-204.13 Restaurants.

[Added 12-9-1992]

Restaurants located in the B1 Neighborhood Business Zoning District shall meet the following requirements:

Restaurants are not permitted to have drive-through window service.

Restaurants are only permitted to be located within a shopping center containing at least three other business units.

Restaurants are not permitted to exceed 35% of the total floor area within a shopping center.

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.

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]

§ 165-204.15 Commercial shooting and archery ranges, outdoor.

[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.

§ 165-204.16 Shopping centers, office parks and industrial parks.

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 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.

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.

Appropriate landscaping shall be provided or required through deed restrictions, dedications, agreements, contracts, guaranties or other means throughout the development.

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.

§ 165-204.17 Slaughterhouses and rendering plants.

[Added 12-9-1992]

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.

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.

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.

All buildings, animal unloading/staging areas, and animal pens shall be a minimum of 100 feet from all property lines.

[Added 9-13-2017]

Total building(s) square footage should not exceed 20,000 square feet (SF).

[Added 9-13-2017]

All operations must be under roof and screened from view from adjoining properties and public streets.

[Added 9-13-2017]

Additional buffering and screening may be required as specified by the Zoning Administrator.

[Added 9-13-2017]

§ 165-204.18 Storage facilities, self-service.

[Amended 12-11-1996]

Where allowed, self-service storage facilities shall meet the following requirements:

Self-service storage facility operations shall be permitted as a primary or accessory use in all zoning districts in which they are permitted.

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.

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.

Minimum building spacing shall be 30 feet apart. Loading areas shall be delineated to ensure that adequate travel aisles are maintained between buildings.

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.

Self-storage facilities shall meet the following landscaping or screening requirements:

[Amended 12-11-2019]

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.

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.

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.

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 solid building wall, free of windows or doors, is not required to be screened.

[Amended 3-8-2023]

Chain-link fencing with slats shall consist of double-walled winged slats, or equivalent approved by the Zoning Administrator.

§ 165-204.19 Telecommunications facilities, commercial.

(e)

Chain-link fencing with slats shall not be permitted to be used as a screen along primary, arterial, or collector roadways.

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]

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.

Administrative review; eligible projects.

Notwithstanding any other provision of this chapter, but subject to the requirements of this subsection, the following shall be permitted in all zoning districts:

Any small cell facility (Code of Virginia, § 15.2-2316.4);

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

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)].

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:

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)]

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)]

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)]

Standard process projects.

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].

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]

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)]

Information to be included with application:

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)]

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:

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 the applicant submits sufficient documentation, certified by a registered Virginia professional engineer, that, in the event of a collapse of the wireless facility or wireless support structure, the collapsed wireless facility or wireless support structure will be contained in a fall zone that does not extend into the area of the proposed reduced setback, measured from the center line of the base of the wireless facility or wireless support structure. The setback distance shall not be reduced to less than half the distance of the height of the wireless facility or wireless support structure if the adjoining property is zoned for residential use or if the principal use of the adjoining property is a residence.

[Amended 3-13-2024]

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.

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.

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.

[The entirety of the above Subsection C(3) is based on current § 165-204.19B]

If the Board of Supervisors denies a conditional use permit under this subsection, the Board shall:

Provide applicant with a written statement of the reasons for the denial [Code of Virginia, § 15.2-2316.4:1(E)(1)];

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

§ 165-204.21 Truck or fleet maintenance facilities and truck rental and leasing facilities, without drivers.

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)].

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)]

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)].

§ 165-204.20 Trailers, temporary.

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.

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:

In the M-1 Light Industrial District, truck or fleet maintenance facilities shall only be permitted in industrial parks.

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.

All repair and maintenance operations shall occur within a completely enclosed structure.

Outdoor storage of parts associated with repair and maintenance shall not be permitted.

Retail sale of fuel shall not be permitted.

The Zoning Administrator may require additional buffers and screening other than those defined in § 165-203.02 of this chapter.

[Amended 9-26-2012]

§ 165-204.22 Farm wineries, farm breweries and farm distilleries.

[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:

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.

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.

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.

The following activities are permitted accessory uses at farm wineries, breweries and distilleries:

On-site tours.

Kitchen and catering activities.

Providing light refreshments and appetizers (food preparation beyond this, excluding catering for events, shall require a conditional use permit for a restaurant).

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]

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.

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.

§ 165-204.23 Welding repair.

[Added 12-9-2009; amended 9-26-2012; 12-13-2023]

Welding repair operations in the RA (Rural Areas) District shall meet the following requirements:

Hours of operation shall not exceed 7:00 a.m. through 7:00 p.m., Monday through Saturday.

Total building area shall not exceed 7,500 square feet.

All outdoor storage or repair areas shall be screened by a six-foot board-on-board fence, evergreen screen or berm.

§ 165-204.24 Tractor truck and tractor truck trailer parking.

The Board of Supervisors may require buffer and screening elements and/or distance when deemed necessary to protect existing adjacent uses.

A site plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County.

[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:

All areas utilized for the parking of tractor trucks and the storage of trailers shall utilize a gravel or paved surface.

All paved and gravel surfaces shall be properly maintained to ensure that dirt, mud, gravel or the like is not distributed onto roadways.

No inoperable tractor trucks or damaged/salvage trailers, or unlicensed trailers shall be parked or stored on the site.

Fuel sales shall not be permitted.

Maintenance of trucks and trailers shall not be permitted.

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.

A site plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County.

§ 165-204.25 Flea markets.

[Added 11-10-2010]

Flea markets, where allowed in the RA (Rural Areas) Zoning District, shall meet the following requirements.

Property size shall be a minimum of six acres not to exceed 15 acres.

The site must have direct frontage and access to a collector or arterial roadway. All entrances shall conform to VDOT standards.

Flea markets may be located indoors or outdoors.

Flea markets shall only be permitted to operate Friday through Sunday and on holidays.

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.

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.

All items displayed for sale shall be located within designated vendor spaces.

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.

When adjacent to property primarily used for purposes other than residential, fencing (wire type, nonopaque) shall be provided along the property line.

A site plan in accordance with the requirements of Article VIII shall be submitted to and approved by Frederick County. The site plan shall delineate all vendor spaces and parking spaces.

§ 165-204.26 Public utilities.

[Added 9-14-2011; amended 1-8-2020; 1-28-2026]

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:

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.

Such lots shall be exempt from the individual on-site sewage disposal system requirements.

Such lots may be accessed by private access easements; any such easement shall be a minimum of 15 feet in width.

If a buffer requirement is imposed by this chapter, the Zoning Administrator shall have the authority to modify the buffer standard if the adjoining property does not contain residential uses.

Utility-scale solar power generating facilities.

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.

For utility-scale solar power generating facilities a site plan, in accordance with Article VIII, shall be submitted to and approved by Frederick County, prior to the establishment of the use.

Transmission voltage electrical substations in the RA (Rural Areas) Zoning District. A modified Category C Type full screen buffer is required around the perimeter of the facility. The following enhanced landscaping and screening requirements apply:

A minimum eight-foot-tall berm shall be provided.

Deciduous trees shall be a minimum of one-and-one-half-inch caliper, and a minimum of six feet tall, at the time of planting.

Evergreen trees shall be a minimum of six feet in height at the time of planting.

Shrubs shall be a minimum of 36 inches in height at time of planting.

All other landscaping requirements, not modified above and contained in § 165-203.01 shall apply.

Distribution voltage electrical substation in the RA (Rural Areas) Zoning District. A Category B Type full screen buffer, satisfying requirements contained in § 165-203.02D, is required around the perimeter of the facility.

Chain-link fencing with slats, with a privacy factor of 90% or greater, may be utilized to satisfy the opaque fence requirements.

Chain-link fencing with slats shall consist of double-walled winged slats or equivalent if approved by the Zoning Administrator.

§ 165-204.27 Temporary family health care structures.

[Added 8-14-2013]

Where allowed, a temporary family health care structure shall meet the following requirements:

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.

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.

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.

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.

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.

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.

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.

§ 165-204.28 Height waivers in B3 (Industrial Transition), TM (Technology-Manufacturing Park), EM (Extractive Manufacturing), M1 (Light Industrial) and M2 (Industrial General) Districts.

[Added 11-13-2013; amended 4-9-2025]

Waiver requests for height increases in the B3, TM, EM, M1 and M2 Zoning Districts shall adhere to the following requirements:

Architectural renderings of the proposed structure shall be submitted for review by the Planning Commission and the Board of Supervisors.

The Board of Supervisors may require buffer and screening elements and/or additional distance when deemed necessary to protect existing adjacent uses.

The Board of Supervisors may require additional conditions as deemed necessary.

This waiver shall not be permitted to increase the height of any signage regulated by § 165-201.06.

The Planning Commission and the Board of Supervisors shall hold a public hearing for any height waiver request.

§ 165-204.29 Commercial recreation, indoor.

[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:

Parking areas for recreation facilities shall be designated to enhance the safety of patrons as they arrive at and leave the facility.

Adequate parking shall be provided on site or through a shared parking agreement per § 165-202.01.

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.

All uses shall be operated indoors; outdoor recreation shall be prohibited.

§ 165-204.30 Special event facilities.

[Added 5-24-2017; amended 12-11-2019; 1-8-2025]

Special events facilities, where allowed in the RA (Rural Areas) District, shall be subject to the following requirements:

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.

All structures associated with a special events facility shall require a review and approval by the Building Official.

Private entrances, driveways, and all travel ways accessing the required off-street parking areas shall be provided with a gravel surface or an approved equivalent.

Adequate area for off-street parking on stable ground shall be provided for the special events center. Parking areas shall be maintained regularly, free of mud, and stabilized with vegetation. Tracking of mud and debris onto roadways is not permitted. Parking related to or required for other approved businesses or business activity on the property shall meet the requirements of § 165-202.01 for off-street parking and parking lots. At no time shall the parking of vehicles obstruct vehicular traffic or impede access to emergency services. Accessible parking shall be provided as required by the Virginia Uniform Statewide Building Code.[1] The Board of Supervisors may require through the conditional use permit process that all travel aisles and/or parking spaces be graveled, paved with a minimum double prime and seal, or alternative surface. Additional requirements may be required as determined by the Frederick County Fire Marshal to maintain fire department apparatus access.

§ 165-204.31 Doctors of medicine, dentists and other health practitioners in RP District and RA District.

Editor's Note: See § 36-97 et seq. of the Code of Virginia.

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.

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:

Excluding buffers and screening, the use and site shall adhere to, and implement, General Business (B2) Zoning District design standards;

Buffers and screening (including distance, opaque elements, and landscaping) shall be determined by the Zoning Administrator;

The use must front on and be accessed via a collector or arterial roadway;

The primary use of the structure shall be the doctor' s office; and

The use shall not be located within a residential development/subdivision.

§ 165-204.32 Country general store without fuel sales.

[Added 11-13-2019]

Country general stores located in the RA Rural Areas Zoning District shall meet the following requirements:

A country general store may not exceed 3,500 square feet of gross retail floor area.

Country general stores may not include accessory fuel sales.

A site plan shall be submitted to and approved by Frederick County prior to the establishment of the use.

B2 General Business Zoning District standards apply, including building height, building and parking setbacks, buffering, screening, and landscaping standards.

All new buildings require building permits reviewed and approved by Building Inspections. Existing buildings should conform to the requirements under Article IX.

Any expansion of an approved country general store requires approval of a new conditional use permit (CUP).

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.

§ 165-204.33 Boat repair shop.

[Added 4-14-2021]

All boat repair uses shall meet the following requirements:

All repair activities shall take place entirely within an enclosed structure.

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.

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.

§ 165-204.34 Agricultural supply cooperatives.

[Added 6-9-2021]

Agricultural supply cooperatives located in the RA (Rural Areas) Zoning District shall meet the following requirements:

The sale of agricultural and garden machinery shall only be permitted as an accessory use.

The repair of agricultural and garden machinery shall be prohibited.

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.

A site plan shall be submitted to and approved by Frederick County prior to the establishment of the use.

B2 (General Business) Zoning District standards apply, including but not limited to building height, building setbacks, parking setbacks, buffering, screening, and landscaping.

§ 165-204.35 Short-term lodging.

[Added 9-28-2022]

Where permitted, short-term lodging shall meet the following requirements:

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.

No more than five guest rooms are permitted for short-term lodging.

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.

A dwelling or manufactured home used for short-term lodging shall comply with the following standards:

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.

Have a working multipurpose fire extinguisher, smoke detectors and carbon monoxide detectors (when required for a fireplace or gas service).

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.

§ 165-204.39 Retail stores (drug, health, and personal care).

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.

Special events, as defined in Part 101 of this chapter, are prohibited in association with short-term lodging use.

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.

§ 165-204.36 Adult retail.

[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:

Such uses shall be located at least 2,500 feet from the property line of existing adult retail uses, schools, churches and places of worship, parks, day-care facilities and residential uses and districts.

[Amended 7-10-2024]

Such uses shall not be permitted in shopping centers and/or multitenant buildings.

All merchandise display areas shall be limited to enclosed structures and shall not be visible from the outside.

Business signs shall not exceed a maximum of 25 square feet. No wall-mounted signs or window displays shall be permitted.

Hours of operation shall be limited to between 9:00 a.m. and 11:00 p.m.

§ 165-204.37 Home occupations.

[Added 4-24-2024]

Where permitted, home occupations shall meet the following requirements:

All or part of the business, such as a home office, is conducted within the principal building or structure. In the RA (Rural Areas) Zoning District, a home occupation may be carried on in an accessory building or structure.

Is clearly incidental and secondary to the use of the dwelling unit for residential purposes with no exterior display, no exterior storage of materials and no exterior indication of the occupation or variation from the residential character of the principal building and neighborhood.

Produces no offensive noise, vibrations, smoke, dust, heat, odor, glare, traffic hazard or congestion and does not adversely affect the surrounding properties.

No more than five people, not residing on the premises, are permitted per day, including customers and/or employees.

One business vehicle is allowed. Commercial vehicles as defined in § 165-101.02 are prohibited.

§ 165-204.38 Cottage occupations.

[Added 4-24-2024]

Where permitted, cottage occupations shall meet the following requirements:

All or part of the business, such as a home office, is conducted within the principal residential building or an accessory building or structure.

Allows for up to 10 people, not residing on the premises, including customers and/or employees per day.

One or more commercial vehicles are allowed as defined in § 165-101.02.

[Added 7-10-2024]

Retail stores (drug, health, and personal care) located in the B1 (Neighborhood Business) District shall meet the following requirements:

Maximum building square footage used for retail sales shall not exceed 15,000 square feet.

§ 165-204.40 Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities.

[Added 7-10-2024]

Where allowed, facilities shall have an approved site plan meeting the following conditions:

All principal activities shall take place entirely within an enclosed structure.

All outdoor facilities shall be incidental to the principal facility or activity.

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.

§ 165-204.41 Data centers.

[Added 4-9-2025]

All data centers must meet the following requirements:

Prior to the approval of a rezoning application or conditional use permit, the following shall be provided:

A site assessment to examine the sound profile of the data center on residential units and schools located within 500 feet of the data center property boundary in accordance with Subsection E.

A site assessment evaluating the effect of the proposed facility on: (i) ground and surface water resources; (ii) agricultural resources; (iii) parks; (iv) registered historic sites; and (v) forestland on the data center site or immediately contiguous land.

Details of any new or existing substations that will be used to serve the data center and the anticipated transmission voltage required to serve the data center.

Generator testing and cycling shall be limited to weekdays (Monday to Friday) between the hours of 8:00 a.m. to 5:00 p.m. Notwithstanding the foregoing, all noise generated by any on-site generator shall comply with County Code § 165-201.12.

Mechanical equipment.

Location. Ground-mounted mechanical equipment shall be prohibited in the primary setback.

Screening. Ground-mounted and rooftop mechanical equipment shall be screened from public roadways and adjoining properties on all sides.

Generators. All generators shall be enclosed with a manufacturer-approved enclosure or located within the primary structure.

Other mechanical equipment. An opaque screen shall be provided by either the principal building, louvered wall, or equivalent screen approved by the Zoning Administrator. The maximum height of the opaque screen should correspond to the tallest piece of equipment being shielded from view.

Setback and screening requirements.

Structures must be set back at least 200 feet from the common property line when adjoining land is zoned RA, RP, R4, R5 and MH1. Otherwise, the base zoning district dimensional standards shall apply.

A category C full-screen-type buffer shall be provided around the perimeter of the property. If the adjoining property is zoned B3, TM, M1, or M2, no buffer is required.

Noise and noise monitoring.

The applicant shall submit an Environmental Noise Impact Assessment prepared by a qualified full member of the Acoustical Society of America (ASA), a member of the Institute of Noise Control Engineering (INCE), or a member of the National Association of Acoustical Consultants (NCAC). The purpose of such noise impact assessment, modeled in SoundPLAN, CadnaA, or accepted equivalent, shall model anticipated noise levels as a result of facility operation and establish a baseline noise level prior to approval of a rezoning or conditional use permit.

A noise study certifying noise levels shall be conducted 12 months after the issuance of the first certificate of occupancy (CO) and every five years thereafter. Each noise study shall be submitted for review to the Zoning Administrator and/or his/her designee to assess the actual impact of the completed project.

The measurement of sound or noise pursuant to this section shall be as follows:

The measurement of sound or noise shall be made with a Type 1 or Type 2 sound level meter which meet the standards prescribed in ANSI S1.4:2014, Specification for Sound Level Meters. The instruments shall be maintained in calibration and good working order. A minimum of three sound level readings shall be taken. The average of these readings will be used as the average sound level. If the background noise is equal to the levels set forth in this section, 3 dB shall be subtracted out of the average sound level.

[2]

The slow meter response of the sound level meter shall be used to determine that the average amplitude has not exceeded the dBA readings or the limiting noise spectra set forth in this section.

[3]

Unless otherwise specified, the measurement shall be taken at the property boundary on which such noise is generated.

Any additions, alterations, or expansion of a facility or its equipment shall require a new noise impact assessment to be submitted and approved by the Zoning Administrator.

If the post construction noise study exceeds the maximum noise level permitted, additional noise mitigation strategies, improvements, or operational changes shall be required.

Any equipment necessary for cooling, ventilating, or otherwise operating the facility, including power generators or other power supply equipment on the property, whether ground-mounted or roof-mounted, shall include the following noise-mitigation elements:

Low-noise emission fans.

Acoustic wraps for compressors and oil separators.

An acoustic perimeter, which may include a perimeter around a group of individual chillers, which may be louvered or solid.