Off-street parking shall be provided on every lot or parcel on which any use is established according to the requirements of this section. This section is intended to ensure that parking is provided on the lots to be developed and to ensure that excess parking in public street rights-of-way does not interfere with traffic.
A. 
Required parking spaces.
[Amended 2-26-1997; 9-23-2009]
(1) 
For certain residential uses, parking requirements are contained in the zoning district regulations. In all other cases, parking spaces shall be provided with each allowed use, on the lot or within the development containing the use, according to the following table:
[Amended 5-25-2022; 7-10-2024]
Use
Required Spaces
Single-family detached dwellings and mobile homes
2 per unit
Single-family attached (townhouse) dwellings
2.5 per unit
Churches and places of worship
1 for each 3 seats
Schools, elementary or middle/intermediate
No fewer than 1 per faculty and staff member and other full-time employee, plus a minimum of 4 for visitors
Schools, high
No fewer than 1 per faculty and staff member and other full-time employees; minimum of 4 for visitors; 1 for each 10 students over driving age; 1 for each 4 seats for stadiums and/or auditoriums
Colleges and universities
No fewer than 1 per faculty and staff member and other full-time employees, plus 1 for every 10 students for maximum capacity at any one time
Day care
1 per 5 children plus 1 per employee
Nursing homes, personal care, adult care residences and assisted living care facilities
1 per 4 beds, plus 1 per employee on primary shift
Hospitals
1.8 per bed
Libraries, museums or galleries
1 per 400 square feet of floor area; 10 minimum
Fraternal lodges, civic clubs and social centers
1 per 250 square feet of floor area, assembly area or recreation area
Rooming houses, boardinghouses, tourist homes and bed-and-breakfasts
2 per single-family dwelling, plus 1 per guest room
Motels, hotels and lodges
1 per room, plus appropriate spaces for restaurants and meeting rooms
Assembly halls and meeting rooms
1 per 3 seats
Funeral homes
1 per 4 seats; 30 minimum
Commercial cemeteries
25 minimum
Movie theaters
1 per 4 seats
Indoor recreation
1 per 200 square feet of floor area
Golf courses and driving ranges
3 per hole
Miniature golf and driving ranges
2 per tee for the first 36 tees, then 1 per tee
Campgrounds
1 per campsite
Restaurants
1 per 100 square feet of seating floor area
Fast-food or drive-in restaurants
1.4 per 100 square feet of seating floor area
Retail and personal services
1 per 200 square feet of retail floor area
Medical, dental, veterinarian offices and clinics
1 per 250 square feet of office area
General offices
1 per 250 square feet of office floor area
Banks and banks with drive-in windows
1 per 400 square feet of floor area
Shopping centers (small strip-style centers)
6 per 1,000 square feet of retail floor area for centers with up to 30,000 square feet; 5 per 1,000 square feet of retail floor area for centers between 30,000 square feet and 60,000 square feet
Shopping centers (non-enclosed); large integrated shopping centers
4 per 1,000 square feet of retail floor area for centers over 60,000 square feet
Shopping centers (mall-type centers)
3.5 per 1,000 square feet of retail floor area for centers with up to 400,000 square feet; 3.8 per 1,000 square feet of retail floor area for centers over 400,000 square feet
Furniture and carpet stores; retail nurseries; farm equipment and feed sales; boat, mobile home and motor vehicle sales
1 per 400 square feet of enclosed floor area, plus 1 per 3,000 square feet of out- side display area, plus 2 per service bay
Automobile service and service stations
2 per service bay plus required spaces for retail or office areas
Self-service storage
3 at the office, plus 1 per employee
Wholesaling, warehouses, truck terminals and construction storage, manufacturing and other industrial uses
1.5 per employee, plus any required spaces for office or similar use, plus 1 for each company vehicle and equipment stored outdoors
Mining uses
3 per 4 employees
(2) 
Interpretation. When a use is not specifically listed above, the Zoning Administrator shall determine which of the above categories to use to determine the spaces required, based on similarities between the characteristics of the uses. When a use is not specifically listed above, the Zoning Administrator may also use information provided by the applicant or other sources of information to determine the number of spaces required.
(3) 
Change in use or expansion. Parking requirements for changes in use and/or an expansion or enlargement of an existing structure and/or use shall be in accordance with the following:
(a) 
When there is a change in use (excluding shopping centers) to a use which has the same or lesser parking requirement than the previous use, no additional parking shall be required. When there is a change to a use which has a greater parking requirement than the previous use, the minimum off-street parking requirements in accordance with the provisions of this chapter shall be provided for the new use.
(b) 
When an existing structure and/or use is expanded or enlarged, the additional minimum off-street parking requirements in accordance with the provisions of this chapter shall be provided for the area of such expansion or enlargement.
(4) 
Procedure for adjustments to parking requirements.
(a) 
Generally, the Zoning Administrator may approve a reduction in required parking spaces. Applications for such a reduction shall be submitted to the Zoning Administrator in conjunction with a site plan and include the following:
[Amended 9-26-2012]
[1] 
A parking demand analysis which substantiates the basis for a reduced number of parking spaces.
[2] 
A plan showing how the parking spaces will be provided on the site.
[3] 
An executed covenant guaranteeing that the owner will provide the additional spaces otherwise required, after thorough investigation by the Zoning Administrator of the actual utilization of parking spaces at the building or complex, if the Zoning Administrator decides that the approved reduction be modified or revoked. Said covenant shall:
[a] 
Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof;
[b] 
Be enforceable by the owner, the parties having beneficial use, and their heirs, successors and assigns, or both;
[c] 
Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns, or both: and
[d] 
Be recorded in the office of the Clerk of the Circuit Court.
(b) 
Parking for mixed uses and loading facilities. In the case of mixed uses (not qualifying as accessory) or two or more buildings upon a single lot or unified parcel or upon contiguous parcels, the total requirements for parking and loading facilities shall be the sum of the requirements of the various uses computed separately. However, cumulative parking requirements for mixed-use occupancies may be reduced where the Zoning Administrator determines that the peak requirement of the several occupancies occurs at different times (either daily or seasonally), and the parking demand can be provided on the premises.
(c) 
Captive market. Parking requirements for retail and restaurant uses may be reduced where the Zoning Administrator determines that some portion of the patronage of these businesses comes from other uses (i.e., employees of area offices patronizing restaurants) located within the same building or a maximum walking distance of 400 feet.
(5) 
When the calculation of parking spaces results in a fraction of 0.5 or greater, the next greatest whole number shall be used.
(6) 
In circumstances when no customer or public entrance or access is located at the side or rear of a structure, no more than 5% of the required spaces shall be located in the rear of buildings for commercial uses such as, but not limited to, shopping centers, restaurants, office or other retail uses.
(7) 
When the required spaces are based on a number of employees, students, seats or other factor that can vary over time, the spaces required shall be based on the maximum number of employees, students, and attendees normally present at any one time.
(8) 
Parking spaces based on floor area shall be determined based on the gross total floor area devoted to each separate use on the site.
B. 
Shared parking. Required parking spaces may be located on a lot other than the lot containing the use under the following circumstances:
(1) 
Parking for a use on a lot may be located on an abutting lot if the zoning of the abutting lot is the same as the lot containing the use.
(2) 
When shared parking is provided on abutting lots, the total spaces provided shall equal the sum of the number required for each use sharing the parking.
(3) 
When shared parking is provided on abutting lots, means of pedestrian access shall be provided between each use sharing the parking and the parking area.
(4) 
When shared parking is provided on abutting lots, a lease, easement or other form of agreement shall be executed among the property owners sharing the parking assuring the use of the required parking spaces and assuring proper maintenance of the parking area. Said agreement shall be submitted to the Zoning Administrator for review and approval.
C. 
Parking limit for certain commercial vehicles.
[Added 9-23-2009[1]]
(1) 
Within the RP Residential Performance District, the R5 Residential Recreational Community District, MH1 Mobile Home Community District, or any residential portion of the R4 (Residential Planned Community) District and the MS (Medical Support) District, the parking of the following types of vehicles shall be prohibited:
(a) 
Tractor truck or tractor truck trailer.
(b) 
Semitrailer.
(c) 
Garbage, refuse or recycling trucks.
(d) 
Towing and recovery vehicles.
(e) 
Cement trucks.
(f) 
Construction equipment (as defined).
(g) 
Buses.
(h) 
Dump trucks.
(i) 
Trucks with a total length of 25 feet or greater.
(j) 
Any vehicle with three or more axles.
(k) 
Any commercial vehicle as defined in § 165-101.02 of this Code.
(2) 
Construction equipment. Construction equipment and construction-related vehicles shall not be parked or stored in any residential community, or residential portion of a planned community, except during the tenure of construction, and only when being used for construction purposes on or proximate to the lot where parked or stored. Valid building and/or site development permits and continuous pursuit of completion of the permitted construction or development shall be required to demonstrate the existence of bona fide construction activity.
(3) 
Exceptions. The provisions of this subsection shall not apply to:
(a) 
Any commercial vehicle when taking on or discharging passengers or when temporarily parked pursuant to the performance of work or service at a particular location; or
(b) 
Any commercial vehicles (as defined) specifically permitted as part of a home or cottage occupation.
[1]
Editor's Note: This ordinance also repealed former Subsection C, Parking space size.
D. 
[2]Parking lots. Parking spaces shared by more than one dwelling or use, required for any use in the business or industrial zoning district or required for any institutional, commercial or industrial use in any zoning district shall meet the following requirements:
[Amended 6-9-1993; 9-12-2001; 5-8-2002; 4-23-2003; 12-10-2008; 9-23-2009]
(1) 
Surface materials. In the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the TM Technology-Manufacturing District, the M1 Light Industrial District, the M2 Industrial General District, MS Medical Support District, RA (Rural Areas) District and the HE (Higher Education) District, parking lots shall be paved with concrete, bituminous concrete or similar materials. Such surface materials shall provide a durable, dust- and gravel-free, hard surface.
[Amended 3-8-2023]
(a) 
The Zoning Administrator may allow for the use of other hard-surface materials for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance. In such cases, parking lots shall be paved with a minimum of double prime-and-seal treatment or an equivalent surface.
(b) 
In the RA (Rural Areas) District, parking lots with 10 or fewer spaces shall be permitted to utilize gravel surfaces.
(c) 
Reinforced grass systems or other suitable materials may be used for overflow parking areas, low-volume accessways in all zoning districts and for agricultural uses in the RA (Rural Areas) District. Parking areas utilizing these materials shall have defined travel aisles and designated parking bays. These materials shall only be utilized with approval of the Frederick County Zoning Administrator and the Director of Public Works.
[Amended 5-13-2015]
(d) 
The Zoning Administrator may approve alternative surface materials for parking lots for parcels located inside of the Sewer and Water Service Area when necessary to implement low-impact development design and where approved by the Director of Public Works; such materials may include but are not limited to permeable paving systems.
[Added 5-13-2015]
(2) 
Space demarcation. For single-family attached and multifamily developments, required off-street parking spaces shall be demarcated by four-inch durable white lines painted on the pavement or curb. Any other proposed color and size will require approval of the Zoning Administrator. Full delineation by four-inch-wide lines painted on the pavement the full width of or length of the parking stall or parking spaces shall be required in commercial, office and industrial developments. Where paved parking areas are not required, delineation of parking spaces shall be by the use of individual wheel stops or other acceptable means for each unpaved parking space. Signs and pavement markings shall be utilized, as necessary, to ensure safe traffic movement and pedestrian access and to designate handicapped parking spaces.
(3) 
Curbs and gutters. Concrete curbing and gutters shall be installed around the perimeter of all parking lots. When stormwater drains away from the curb, gutter pans shall not be required for parking areas that abut buildings when sidewalks with turndown curbing are used. All curbing shall be a minimum of six inches in height. All parking lots shall be included within an approved stormwater management plan.
[Amended 11-10-2010]
(a) 
In the B3 Industrial Transition District, the TM Technology-Manufacturing District, the M1 Light Industrial District and the M2 Industrial General District, the use of header curb shall be permitted in areas where the use of gutters is not necessary for stormwater management purposes.
[Amended 3-8-2023]
(b) 
The Zoning Administrator may allow for the use of concrete bumpers instead of curbing for parcels located outside of the Sewer and Water Service Area if the site plan provides for effective stormwater management and efficient maintenance.
(c) 
The Zoning Administrator may allow for the elimination of curb and gutter for parcels located inside of the Sewer and Water Service Area when necessary to implement low-impact development design. This shall only be permitted where practices such as bioretention, infiltration trenches, and rain gardens are used and only where it can be demonstrated that soil conditions are favorable, or if an adequate underdrain is included in the design and only when approved by the Director of Public Works.
(4) 
Raised islands. Raised islands shall be installed at the ends of all parking bays abutting an aisle or driveway in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the TM Technology-Manufacturing District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District and the HE (Higher Education) District. The raised islands shall be bordered by a six-inch concrete or rolled asphalt curb. All islands shall be at least nine feet wide and shall extend the length of the parking space or bay. The islands shall be landscaped with grass, shrubs, or other vegetative materials.
[Amended 3-8-2023]
(a) 
The Zoning Administrator may waive the requirement for raised islands for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed.
(b) 
The Zoning Administrator may approve modifications to the landscaped islands for parcels located inside of the Sewer and Water Service Area when necessary to implement low-impact development design and where approved by the Director of Public Works.
(5) 
Low-impact development. Low-impact development techniques are encouraged by the County and should be incorporated into the design of individual developments when deemed appropriate by the applicant after consultation with appropriate county officials. Low-impact design options such as rain gardens may be used to satisfy the greenspace requirements for parking areas, such as landscaped islands and minimum landscaped area.
(6) 
Setbacks. All parking lots, loading spaces and travelways, except for single-family detached and mobile home residential uses, shall be set back as follows:
(a) 
At least 10 feet from any street or road right-of-way.
(b) 
At least five feet from all other property lines, except in cases where more than one lot shares the parking lot.
(c) 
In the M1 (Light Industrial) District and M2 (Industrial General) District, parking lots shall be located no closer than 10 feet to any minor or local street or road right-of-way and no closer than 25 feet to any collector or arterial street or road right-of-way.
(7) 
Handicapped spaces. Handicapped parking and building or sidewalk accessibility shall be provided in any parking lot in accordance with the current edition of the Virginia Uniform Statewide Building Code (VUSBC).
(8) 
Entrance requirements. In no case shall a parking lot be approved which requires that vehicles back from parking spaces onto public roads. All parking lots shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and the Virginia Department of Transportation. The width of driveways serving the parking lot shall not be less than 20 feet for two-way traffic, 20 feet for fire lanes, and 12 feet for one-way traffic.
[Amended 12-11-2019]
(9) 
Parking space size and aisle requirements.
(a) 
All parking spaces and aisles shall be provided in accordance with Tables 1.1 and 1.2.
TABLE 1.1
Minimum Off-Street
Parking Area Dimensions
Angle of Parking
(degrees)
Width of Stall
(feet)
Depth of Stall
(feet)
Width of Aisle
(feet)
30
9.0
20.0
*12.0/**20.0
10.0
18.0
*12.0/**22.0
45
9.0
20.0
*15.0/**20.0
10.0
18.0
*15.0/**22.0
60
9.0
20.0
*18.0/**20.0
10.0
18.0
*18.0/**22.0
90
9.0
20.0
*22.0/**22.0
10.0
18.0
*22.0/**24.0
NOTES:
*
One-way
**
Two-way
All parking spaces shall be a minimum of 180 square feet in size.
TABLE 1.2
Parallel Parking and Aisle Dimensions
Direction of Traffic
Width of Stall
(feet)
Depth of Stall
(feet)
Width of Aisle
(feet)
One-way aisle (one-side parking)
9.0
22.0
12.0
One-way aisle (two-side parking)
9.0
22.0
15.0
Two-way aisle (two-side parking)
9.0
22.0
22.0
(b) 
For other angles, the aisle width shall be the same as for the nearest angle in the above table.
(10) 
The Zoning Administrator may approve alternative parking space size, space demarcation, aisle dimensions and parking islands for areas used for the display or storage of vehicles for sale by a vehicle dealer. Upon a change of use for the property or site, the spaces, demarcation, aisles and islands must be revised to conform to this chapter.
(11) 
Obstructions and structures. Parking lots shall be designed to permit each vehicle to proceed to and from all unoccupied parking spaces without requiring the moving of any other parked motor vehicle. Utility poles, light standards, trash containers and similar structures shall not be permitted within any aisle or parking space. Any structure located in a parking lot shall be surrounded on all sides abutting spaces or aisles by a six-inch concrete curb. The structure shall be separated from the curb by a distance of three feet.
(12) 
Drive-in lanes. Drive-in lanes shall be required for all drive-in or pickup facilities. Drive-in lanes shall be designed to provide for a minimum width of nine feet and a minimum stacking distance of 90 feet. Canopy supports and raised concrete pads designed to support pneumatic tubes, automatic teller machines and other structures shall not be located within the area required for minimum drive-in lane widths. All drive-in lanes shall be clearly separated from parking spaces, travel aisles, maneuvering areas and driveways. The Zoning Administrator may reduce the minimum stacking distance of drive-in lanes for retail uses with less than 150 square feet of floor area if it can be demonstrated that the vehicular frequency for the use does not warrant multiple vehicle stacking.
(13) 
Landscaping. Parking lots in the RP Residential Performance District, the R4 Residential Planned Community District, the R5 Residential Recreational Community District, the MH1 Mobile Home Community District, the B1 Neighborhood Business District, the B2 Business General District, the B3 Industrial Transition District, the TM Technology-Manufacturing District, the M1 Light Industrial District, the M2 Industrial General District, the MS Medical Support District, and the HE (Higher Education) District shall be landscaped to reduce the visual impact of glare and headlights on adjoining properties and rights-of-way. Parking lots shall be adequately shaded to reduce reflected heat. In the RA (Rural Areas) District, parking lot landscaping shall not be required for parking lots with 10 or fewer spaces. Landscaping shall also be provided to reduce the visual expansiveness of parking lots. Landscaping shall be provided in such parking lots as follows:
[Amended 3-8-2023]
(a) 
Perimeter landscaping. The perimeter of all impervious areas shall be landscaped with shade trees and other landscaping. One tree shall be provided for every 2,000 square feet of impervious area for the first 100,000 square feet of the entire site. One tree shall be provided for every 5,000 square feet in excess of the first 100,000 square feet of the entire site. Self-service storage facilities shall provide one tree per 10,000 square feet of impervious area of the entire site, in addition to the trees required in § 165-204.18, Storage facilities, self-service. The perimeter landscaping trees shall be reasonably dispersed throughout the parking lot. A three-foot-high evergreen hedge, fence, berm, or wall shall be provided to prevent headlights from shining on public rights-of-way and adjoining properties. All perimeter landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure, and maintenance.
(b) 
Interior landscaping. A minimum of 5% of the interior portions of parking lots shall be landscaped for the purpose of providing shade trees. Such interior landscaping shall be provided on raised islands and in continuous raised strips extending the length of a parking bay. Within the parking lot, raised islands and landscaped areas should be uses to delineate traffic and pedestrian circulation patterns. No less than one shade tree shall be provided in the interior of the parking lot for each 10 parking spaces. The Zoning Administrator may waive the requirement for interior landscaping for parcels located outside of the Sewer and Water Service Area when curb and gutter is not proposed. The Zoning Administrator may approve alternative locations for interior landscaping for parking lots used for truck parking, as well as other parking lots, when it would improve the overall quality of the landscape plan. All interior landscaping shall comply with the requirements of § 165-203.01B, Plant selection, planting procedure, and maintenance.
(14) 
Pedestrian access. Sidewalks shall be provided as necessary within parking lots to protect pedestrians and promote the safe and efficient movement of pedestrians and vehicles. In large parking lots, pedestrian walkways and crosswalks shall be provided, marked by durable painted stripes and appropriate signs.
[2]
Editor's Note: Former Subsection D, regarding parking of tractor trucks, truck trailers and the like, as amended, was repealed 9-23-2009. This ordinance also redesignated former Subsection E as Subsection D.
[Amended 3-13-2002]
Spaces for the loading and unloading of trucks and vans shall be provided in association with business and industrial uses as follows:
A. 
Loading spaces required.
(1) 
The number of loading spaces required shall be as follows:
Type of Use
Loading Spaces Required
Food stores, restaurants and taverns
1 for first 10,000 square feet of floor area plus 1 for each additional 30,000 square feet
Retail and personal services
1 for first 10,000 square of floor area plus 1 for each additional 30,000 square feet
Hotels and motels, lodges, clubs, fraternal organizations and indoor recreation
1 for each 20,000 square feet of floor area
Office buildings
1 for structures between 30,000 and 100,000 square feet; 1 for each additional 100,000 square feet
Manufacturing, wholesale, trucking, construction and industrial uses
1 for each 40,000 square feet of floor area
Schools, hospitals and nursing homes
1 for each structure with more than 100,000 square feet of floor area
(2) 
Interpretation.
(a) 
When a use is not specifically listed above, the Zoning Administrator shall determine which of the above categories to use to determine the spaces required, based on similarities between the characteristics of the uses. When a use is not specifically listed above, the Zoning Administrator may also use information provided by the applicant or other sources of information to determine the number of spaces required.
(b) 
In cases where mixed uses share the same loading area, the loading spaces required shall equal the sum of the spaces required for the various uses. In some cases, different uses will be contained in a single structure or site plan, and in those cases, the spaces required shall equal the sum of the spaces for each use.
B. 
Design standards.
(1) 
Dimensions. Each required loading space shall be 12 feet wide and 45 feet long. Each loading space shall have a vertical clearance of 14 feet.
(2) 
Obstructions and structures. Loading spaces shall be designed to permit loading and unloading without requiring the moving of any parked motor vehicle. Utility poles, light standards, trash containers and similar structures shall not be permitted within loading spaces.
(3) 
Access. In no case shall a loading space be approved which requires that a vehicle enter or back directly from loading spaces onto public roads. All loading spaces shall be provided access to a public road using an entrance which meets all requirements of the Frederick County Code and the Virginia Department of Transportation.
(4) 
Surface materials and curb and gutter. Loading areas shall meet the surface material and curb and gutter requirements for one of the following categories:
(a) 
Loading areas separated from parking lots. Loading areas that are separated from parking lots shall be paved with concrete, bituminous concrete, or similar materials. Curb and gutter shall not be required when loading areas are separated from parking lots.
(b) 
Loading areas that are part of parking lots. Loading areas that are part of parking lots shall be paved with concrete, bituminous concrete, or similar materials. Curb and gutter shall be required for all loading areas that are part of parking lots when curb and gutter is required for the parking lot.
(c) 
Loading areas with two or less loading spaces proposed. Loading areas serving uses identified in § 165-202.02A may have a gravel surface if two or less loading spaces are proposed, and if the loading area is separate from the parking lot. Curb and gutter shall be required for loading areas with two or less loading spaces when the loading area is part of the parking lot, and when curb and gutter is required for the parking lot.
(d) 
Stormwater management plan and erosion control plan requirements. The Zoning Administrator may require curb and gutter and different surface materials for loading areas when necessary to implement a stormwater management plan or an erosion control plan.
A. 
New driveways.
(1) 
Private driveways or entrances shall be allowed to provide access to individual residences or uses. Private driveways or entrances shall also be allowed to provide access to parking lots and loading areas shared by a number of residences or uses.
[Amended 7-10-2013]
(2) 
In order to provide safe and convenient access and to provide efficient travel on arterial highways, a minimum spacing shall be provided between new driveways onto and entrances onto collector roads, arterial highways, and primary highways, in the following zoning districts:
[Amended 12-10-2008; 7-10-2013; 3-8-2023]
B1
Neighborhood Business
B2
Business General
B3
Industrial Transition
TM
Technology-Manufacturing
M1
Light Industrial
M2
Industrial General
(3) 
In addition, the minimum spacing requirements shall apply to:
[Amended 7-10-2013]
(a) 
Any business, industrial or institutional use in any zoning district; and
(b) 
Any residential development in which more than one dwelling shares a parking lot.
(4) 
Minimum spacing shall also be provided in all zoning districts between a) new residential driveways onto and commercial entrances onto collector roads, arterial highways, and primary highways, and b) the intersections of other roads with such collector roads, arterial highways, and primary highways. Minimum spacing between driveways/entrances and between driveways/entrances and intersections shall be as follows:
[Amended 7-10-2013]
Minimum Residential Driveway, Full Commercial Entrance and Intersection Spacing on Primary Highways, Arterial Highways, and Collector Roads
Road Classification
Minimum Required Spacing
(feet)
Minor collector
100
Major collector:
Residential driveway/entrance
150
Commercial entrances
250
Primary or arterial:
With posted speed limit 45 mph or less
250
With posted speed limit more than 45 mph
495
(5) 
In all cases, the spacing distances shall be measured from the tangents to the curb return of the driveways or intersecting streets.[1]
[1]
Editor's Note: Former Subsection A(6), which concerned minimum spacing for access on minor collection roads and which immediately followed this subsection, was repealed 7-10-2013, which ordinance also renumbered former Subsection A(7)(a) as Subsection A(6) and former Subsection A(7)(b) as Subsection A(7).
(6) 
Existing access. When a parcel abuts a minor or collector street that intersects with the arterial or primary highway and when the parcel cannot be provided with an entrance onto the arterial or primary highway that meets the spacing requirement, access to the parcel shall be only from the existing entrance on the minor or collector street and new entrances shall not be allowed directly onto the arterial or primary highway.
[Amended 7-10-2013]
(7) 
Shared access. When a lot is created on a collector road or arterial or primary highway, shared means of access to the road or highway shall be created by access easement, shared driveway, shared entrance or other means to ensure that the spacing requirements have been met.
[Amended 9-26-2012; 7-10-2013]
(a) 
When a lot is divided or developed that can be provided with a driveway/entrance meeting the spacing requirements but that is adjacent to other parcels or lots that will not be able to have entrances meeting the spacing requirements, means of highway access to the adjoining property may be required by the Zoning Administrator on the lot to be divided or developed.
(b) 
When a lot is divided or developed that cannot be provided with access meeting the spacing requirements and when means of shared access that meets spacing requirements has been provided on adjoining lots that can be used to provide access to the lot in question, entrances shall not be allowed directly onto the arterial or primary highway from the lot to be divided or developed.
(c) 
When a number of lots are divided or developed that have been included together on an approved master development plan, site plan or subdivision plat, shared driveways/entrances shall be provided as required to meet the spacing requirements.
(d) 
When shared access is provided to meet the requirements of this section, the Zoning Administrator may require that it be provided in the form of an access easement. The Zoning Administrator may require a deed of dedication describing provisions for joint use and maintenance of that easement. Provisions for shared entrance signs may also be required.
(e) 
Shared access easements shall be provided in a manner so that shared driveways are clearly separated from parking areas, loading areas and pedestrian walkways.
(f) 
Shared access easements that follow lot lines are preferred.
(8) 
New lots. No new lot shall be created on any state-maintained road unless spacing requirements can be met for driveways/entrances on the lot or unless access is provided through shared or existing access.
[Amended 7-10-2013]
(9) 
Number of driveways or entrances. No more than one driveway or entrance shall be allowed per parcel unless each driveway/entrance from the parcel separately meets the spacing requirements, relative to each other and relative to any intersections within the minimum required spacing distance in all directions. The Zoning Administrator may permit entrances/driveways that do not meet the minimum spacing requirements if they are utilized solely for emergency access and are not open to the public; such entrances must be gated or chained.
[Amended 7-10-2013]
(10) 
Entrances on collector and minor streets. Whenever a parcel abutting an arterial highway also abuts a collector or minor road, in order to obtain an entrance on the arterial road, an entrance must be provided on the collector or minor road. This shall only be required if a safe entrance can be provided on the collector or minor road, meeting all requirements of the Frederick County Code and the Virginia Department of Transportation.
(11) 
All driveways and entrances onto state-maintained highways must also meet all requirements of the Virginia Department of Transportation and all other requirements of the Frederick County Code.
[Amended 7-10-2013]
(12) 
New driveways and entrances shall align with existing or planned driveways, crossovers, turn lanes or other access features. This shall only be required if the resulting alignment provides safe access and if all requirements of the Frederick County Code and the Virginia Department of Transportation are met.
[Amended 7-10-2013]
(13) 
The location of new driveways and entrances shall conform with road improvement plans or corridor plans that have been adopted by Frederick County or the Virginia Department of Transportation.
[Amended 7-10-2013]
(14) 
Private roads providing lot access to multifamily and single-family small lot housing, as permitted in § 144-24 of the Subdivision Ordinance, shall be a minimum of 20 feet in width. The pavement design for the private roads shall include eight inches of aggregate base material, Type I, Size No. 21-B, and shall be paved with a 165 No. psy asphalt concrete, Type SM-2A, surface treatment. In addition, curb and gutters, standard curb CG-6, CG-7 or roll-top curb and sidewalks shall be provided along private roads; however, the Zoning Administrator may approve a waiver of sidewalks on private streets, provided that another recreational amenity is substituted for the sidewalk. Additionally, the Zoning Administrator may waive the requirement for curb and gutters and allow alternate pavement design to accommodate low-impact design, provided that the private road design is determined to be acceptable by the Director of Public Works.
[Added 10-27-1999; amended 1-25-2012]
B. 
Alternative methods.
(1) 
The Zoning Administrator may allow other means of motor vehicle access which do not meet the above requirements. Such means may involve the use of entrances which physically limit or restrict left turns (such as a right-in/right-out only entrance), methods which ensure one-way travel or other methods.
[Amended 9-26-2012; 7-10-2013]
(2) 
In such cases, the Zoning Administrator may require a traffic access plan which describes existing traffic, conditions and design on the streets abutting the site and the methods proposed to ensure that the intent of this section has been met.
(3) 
Requested alternative methods of motor vehicle access which do not meet the minimum requirements of § 165-202.03 must be approved by VDOT prior to approval by the Zoning Administrator.
[Added 7-10-2013]
C. 
Internal circulation. A complete system of internal traffic circulation shall be provided to serve all uses in any shopping center, industrial park or any development included in a single master development plan, site plan or subdivision plat approved by Frederick County. In such developments, internal access shall be provided in a fashion so that all uses can be mutually accessed without entering onto arterial or primary highways. In such cases, a pattern of internal circulation shall be designed to ensure that conflicts are avoided between moving vehicles, parking areas, pedestrian areas, loading areas and the various uses provided.
D. 
Pedestrian access. Safe pedestrian walkways shall be provided to all uses on land included in a master plan or site plan approved by Frederick County. Sidewalks and multiuse trails shall be provided in conformance with adopted Comprehensive Plan policies for present and future roadway classifications and/or approved master development plans. Sidewalks shall be installed in the right-of-way and adjacent to the boundary of the right-of-way of all proposed and existing streets and shall contain adequate handicapped ramps at all intersections at intervals acceptable to the Virginia Department of Transportation. There shall be a minimum two-foot-wide grass strip or swale between the street edge and the sidewalk, where sidewalks are required. Sidewalks shall be a minimum of five feet wide; multiuse trails shall be a minimum of 10 feet wide.
[Amended 9-26-2012; 1-26-2022]
E. 
Fire lanes. Fire lanes shall be required as set forth in Chapter 90, Fire Prevention and Protection.[2]
[Added 12-9-1992]
[2]
Editor's Note: Former § 165-48.9, Advertising specialities - wholesale, added 5-10-2000, which immediately followed this subsection, was repealed 6-22-2005.
[Added 6-22-2005; amended 3-13-2013]
All residential subdivisions of more than 10 lots in the RP, R-4, R-5, and MS (with residential uses) Zoning Districts shall have streets connecting to adjoining parcels. If adjoining parcels are developed or have had a subdivision plat approved, the connecting street shall coordinate with the existing or platted streets in the adjoining parcel. If an adjoining parcel is undeveloped, the location of the connecting street shall be as shown on the master development plan (MDP) reviewed by the Board of Supervisors. This requirement for inter-parcel connector streets may be waived by the Board of Supervisors if the Board finds i) that a connector street to an adjoining parcel is not likely to be needed; ii) that the connector street would be required to be placed in a location which is impractical for location of a street; iii) that an adjoining undeveloped parcel is not likely to be developed in a manner to make a connector street necessary or appropriate; or iv) other good cause shown by the applicant not contrary to good planning policy. All inter-parcel connectors, public or private, shall be built to the Virginia Department of Transportation engineering standards.