[Amended 4-23-2003; 8-12-2009; 1-23-2013]
The requirements of this section are intended
to enhance the appearance, environment, and general welfare of Frederick
County by providing minimum landscaping standards and encouraging
tree preservation for developments. The provisions of this section
shall apply to all site plan and subdivision design plan applications,
including the revision or expansion of any site or development.
A.
Residential developments. Residential developments
which require a master development plan, subdivision design plan or
site plan shall provide at least one of the three types of landscaping
identified below.
(1)
Street tree landscaping. Street tree landscaping shall require one street tree for every 40 feet of street frontage in a residential development, with the exception of frontage on roads which require a road efficiency buffer. Street trees shall be planted no more than 20 feet from rights-of-way. Planting street trees on the property lines of building lots should be avoided. Two or more street trees shall be planted on each building lot. The Zoning Administrator may allow fewer than two street trees for an individual building lot if topographical features, utilities, easements, or the width of the lot makes it impractical to do so. All street trees shall comply with the requirements of § 165-203.01B, with the exception that street trees must be at least two-and-one-half-inch caliper at the time of planting.
(2)
Ornamental landscaping.
(a)
Ornamental landscaping shall be provided for
residential developments based on the following index and matrix:
[Amended 1-23-2013]
Index of Lot Types
| |
---|---|
Lot Type
|
Description
|
A
|
Single-Family Detached Rural Traditional
|
B
|
Single-Family Detached Traditional
|
C
|
Single-Family Detached Urban
|
D
|
Single-Family Detached Cluster
|
E
|
Single-Family Detached Zero Lot Line
|
F
|
Single-Family Small Lot
|
G
|
Multiplex
|
H
|
Townhouse, Back-to-Back Townhouse
|
I
|
Garden Apartment, Multifamily Residential Buildings, and Age-Restricted
Multifamily Housing
|
Required Landscaping Per Dwelling Unit
| ||
---|---|---|
Lot Type
|
Ornamental Shrubs
|
Ornamental Trees
|
A
|
None
|
10 per 1 unit
|
B
|
10 per 1 unit
|
5 per 1 unit
|
C
|
10 per 1 unit
|
5 per 1 unit
|
D
|
10 per 1 unit
|
5 per 1 unit
|
E
|
10 per 1 unit
|
5 per 1 unit
|
F
|
15 per 1 unit
|
5 per 1 unit
|
G
|
3 per 3 units*
|
1 per 3 units*
|
H
|
6 per 5 units*
|
2 per 5 units*
|
I
|
3 per 2 units*
|
1 per 2 units*
|
Note:
| ||
---|---|---|
*Required ornamental trees and shrubs are in addition to all
trees and shrubs elsewhere required in the Zoning Ordinance.
|
(b)
Ornamental trees and shrubs shall comply with the requirements of § 165-203.01B. The Zoning Administrator may allow some of the required ornamental trees and ornamental shrubs to be planted in areas of common open space so long as the intent of this section is met.
(3)
Tree preservation landscaping. An area with a tree canopy coverage, of at least 25% of the entire site area, shall be preserved within dedicated open space. In no case shall individual building lots be located within the open space. Canopy coverage shall be calculated from the cumulative total of existing tree canopies. Preserved trees shall be clustered together to maintain a contiguous canopy; and shall be protected from construction activity. These areas of open space may be counted towards the total required open space, as specified in § 165-402.07. Residential developments which are not required to have open space by § 165-402.07 are not exempt from creating open space for the required canopy coverage. The calculation of tree canopy shall be based on either the individual tree standards of the "Manual of Woody Landscape Plants," written by Michael A. Dirr, or through a comprehensive analysis of existing tree drip lines, conducted by a Virginia certified engineer, land surveyor, or landscape architect.
B.
Plant selection, planting procedure, and maintenance.
(1)
Plant selection. Based on the type of landscaping,
required trees and shrubs shall be selected from the table of acceptable
trees and shrubs shown below.
[Amended 12-11-2019]
Types of Landscaping
| ||
---|---|---|
Street tree landscaping (street)
Ornamental landscaping (ornamental)
Tree preservation landscaping (canopy)
Interior and perimeter landscaping (shade)
Buffer screening and parking lot screening (screen)
Deciduous buffer element (street, canopy, shade)
Buffer shrub element (shrub or screen)
| ||
Acceptable Trees and Shrubs
| ||
Common Name
|
Scientific Name
|
Types of Landscaping Permitted
|
Amur maple
|
Acer ginnala
|
Street, shade, canopy, ornamental
|
European hornbeam
|
Carpinus betulus
|
Street, shade, canopy, ornamental
|
Hop hornbeam
|
Ostrya virginiana
|
Street, shade, canopy, ornamental
|
Katsura tree
|
Cercidiphyllum japonicum
|
Street, shade, canopy, ornamental
|
Ginkgo (male)
|
Ginkgo biloba
|
Street, shade, canopy, ornamental
|
Thornless honey locust
|
Gleditsia triacanthos inermis
|
Street, shade, canopy, ornamental
|
Golden rain tree
|
Koelreuteria paniculata
|
Street, shade, canopy, ornamental
|
Flowering crabapple
|
Malus (disease-resistant varieties)
|
Street, shade, canopy, ornamental
|
Chinese Pistache
|
Pistacia chinensis
|
Street, shade, canopy, ornamental
|
Linden
|
Tilia (all varities)
|
Street, shade, canopy, ornamental
|
Lacebark elm
|
Ulmus parvifolia
|
Street, shade, canopy, ornamental
|
Japanese Zelkova
|
Zelkova serrata
|
Street, shade, canopy, ornamental
|
Red oak
|
Quercus rubra
|
Street, shade, canopy, ornamental
|
White oak
|
Quercus alba
|
Street, shade, canopy, ornamental
|
Scarlet oak
|
Quercus coccinea
|
Street, shade, canopy, ornamental
|
Sawtooth oak
|
Quercus acutissima
|
Street, shade, canopy, ornamental
|
Kentucky coffeetree
|
Gymnocladus dioicus
|
Street, shade, canopy, ornamental
|
Dawn redwood
|
Metasequoia glyptostroboides
|
Street, shade, canopy
|
Swamp chestnut oak
|
Quercus michauxii
|
Street, shade, canopy
|
Willow oak
|
Quercus phellos
|
Shade, canopy, ornamental
|
Bald cypress
|
Taxodium distichum
|
Street, shade, canopy
|
Red maple
|
Acer rubrum
|
Shade, canopy, ornamental
|
Freeman maple
|
Acer freemanii
|
Shade, canopy, ornamental
|
Sugar maple
|
Acer saccharum
|
Shade, canopy, ornamental
|
Paperbark maple
|
Acer griseum
|
Shade, canopy, ornamental
|
American sycamore
|
Platanus occidentalis
|
Shade, canopy, ornamental
|
London plane tree
|
Platanus acerifolia
|
Shade, canopy, ornamental
|
Sweetgum
|
Liquidambar styraciflua
|
Shade, canopy, ornamental
|
Copper beech
|
Fagus sylvatica 'Riversii'
|
Shade, canopy, ornamental
|
Weeping beech
|
Fagus pendula
|
Shade, canopy, ornamental
|
European beech
|
Fagus sylvatica
|
Shade, canopy, ornamental
|
River birch
|
Betula nigra
|
Shade, canopy, ornamental
|
Star magnolia
|
Magnolia stellata
|
Shade, canopy, ornamental
|
Saucer magnolia
|
Magnolia x soulangiana
|
Shade, canopy, ornamental
|
Black gum
|
Nyssa sylvatica
|
Shade, canopy, ornamental
|
Yellowwood
|
Cladrastis kentukea
|
Shade, canopy, ornamental
|
Downy serviceberry
|
Amelanchier arborea
|
Shade, canopy, ornamental
|
Hawthorn
|
Crataegus plaenopyrum, Crataegus viridis
|
Shade, canopy, ornamental
|
Sourwood
|
Oxydendrum arboreum
|
Shade, canopy, ornamental
|
Tuliptree
|
Liriodendron tulipifera
|
Shade, canopy, ornamental
|
Pawpaw
|
Asimina triloba
|
Shade, canopy, ornamental
|
Dogwood
|
Cornus florida, Cornus kousa, Cornus hybrid
|
Shade, ornamental
|
Flowering cherry
|
Prunus (all varieties of flowering cherry)
|
Shade, ornamental
|
Cornelian cherry
|
Cornus mas
|
Shade, ornamental
|
Eastern redbud
|
Cercis canadensis
|
Shade, ornamental
|
American plum
|
Prunus americana
|
Shade, ornamental
|
Japanese maple
|
Acer palmatum
|
Shade, ornamental
|
Douglas fir
|
Pseudotsuga menziesii
|
Screen, ornamental
|
White fir
|
Abies concolor
|
Screen, ornamental
|
Spruce
|
Picea (all varieties)
|
Screen, ornamental
|
Japanese umbrella pine
|
Sciadopitys verticillata
|
Screen, ornamental
|
Hinoki false cypress
|
Chamaecyparis obtusa
|
Screen, ornamental
|
White pine
|
Pinus strobus
|
Screen, canopy
|
Western arborvitae
|
Thuja plicata
|
Screen, ornamental
|
Eastern arborvitae
|
Thuja occidentalis (all varieties)
|
Screen, ornamental
|
Japanese cedar
|
Cryptomeria japonica
|
Screen, ornamental
|
Viburnum (evergreen)
|
(All evergreen/semi-evergreen varieties)
|
Screen, ornamental, shrub
|
Yew
|
Taxus (all varieties)
|
Screen, ornamental, shrub
|
Holly
|
Ilex (all varieties)
|
Screen, ornamental, shrub
|
Common boxwood
|
Buxus sempervirens
|
Screen, ornamental, shrub
|
Juniper
|
Juniperus (all varieties)
|
Screen, ornamental, shrub
|
Abelia
|
(All varieties)
|
Screen, ornamental, shrub
|
Witchhazel
|
Hamamelis vernalis
|
Ornamental, shrub
|
White fringetree
|
Chionanthus virginicus
|
Ornamental, shrub
|
Slender Deutzia
|
Deutzia gracilis
|
Ornamental, shrub
|
Althea
|
Hibiscus syriacus
|
Ornamental, shrub
|
Vicary privet
|
Liqustrum x vicaryi
|
Ornamental, shrub
|
Sweet mockorange
|
Philadelphus coronarius
|
Ornamental, shrub
|
Japanese Pieris
|
Pieris japonica
|
Ornamental, shrub
|
Cotoneaster
|
(All varieties)
|
Ornamental, shrub
|
Spirea
|
(All varieties)
|
Ornamental, shrub
|
Weigela
|
(All varieties)
|
Ornamental, shrub
|
Forsythia
|
(All varieties)
|
Ornamental, shrub
|
Dwarf Fothergilla
|
Fothergilla gardenii
|
Ornamental, shrub
|
Buttonbush
|
Cephalanthus occidentalis
|
Ornamental, shrub
|
Japanese pagodatree
|
Sophora japonica
|
Ornamental, shrub
|
Chastetree
|
Vitex agnus-castus
|
Ornamental, shrub
|
Standard Nandina
|
Nandina domestica
|
Ornamental, shrub
|
Purple plum
|
Prunus cerasifera
|
Ornamental
|
Crape myrtle
|
Lagerstroemia indica
|
Ornamental
|
Persian Parrotia
|
Parrotia persica
|
Ornamental
|
Hydrangea
|
(All varieties)
|
Ornamental
|
Mugo pine
|
Pinus mugo
|
Ornamental
|
Itea
|
(All varieties)
|
Ornamental
|
Aronia
|
(All varieties)
|
Ornamental
|
Clethra
|
(All varieties)
|
Ornamental
|
Azalea
|
Rhododendron (all varieties)
|
Ornamental
|
Rhododendron
|
(All varieties)
|
Ornamental
|
Northern bayberry
|
Myrica pennsylvanica
|
Ornamental
|
Meyer lilac
|
Syringa meyeri 'Palibin'
|
Ornamental
|
Note: Bradford pears and all varieties of ornamental flowering
pears are prohibited from being used to fulfill planting or substitute
planting requirements.
|
(2)
Planting procedure. All required trees and shrubs
shall meet the specifications and procedures established by the American
Nursery and Landscape Association.
(a)
All trees shall be planted no closer than three feet to the edge
of sidewalks, curb or other pavement.
(b)
Deciduous trees shall be a minimum of one-and-one-quarter-inch
caliper at the time of planting.
[Amended 12-11-2019]
(c)
Only single-stem trees shall be planted as street trees.
(d)
Evergreen trees shall be a minimum of four feet in height at
the time of planting. Shrubs shall be a minimum three-gallon container
at the time of planting. In addition to the three-gallon container
requirement, parking lot headlight screening shrubs shall be a minimum
of 36 inches in height at time of planting (unless topography allows
a reduction to maintain 36 inches from pavement to top of shrub),
and buffer shrubs shall be a minimum of 18 inches in height at time
of planting. Spacing of parking lot screening shrubs shall be four
feet on center.
[Amended 12-11-2019]
(e)
Trees shall not be planted within easements for water, sewer,
electric, or gas.
[Amended 12-11-2019]
(f)
Measurement of size. Caliper is measured six inches above the ground
up to and including four-inch caliper size and 12 inches above the
ground for larger sizes. Diameter at breast height (dbh) will be measured
at the height of 54 inches from the base of the trunk or as otherwise
allowed in the Guide for Plant Appraisal.
(3)
Maintenance. The owner, developer, and/or builder
who is responsible for planting required landscaping shall be responsible
for maintaining it in a state of good health for one year after planting.
After one year, from the date occupancy is approved, the individual
property owner and/or homeowner's association shall become responsible
for maintenance. As long as the intent of this section is met, the
Zoning Administrator may waive the requirement for landscaping on
individual building lots when a hazard or nuisance exists.
C.
Existing tree credits. If the intent of § 165-203.01 is satisfied, including species type and location, existing trees that are preserved may be counted towards the total number of required trees for residential developments. Commercial and industrial developments may utilize existing tree credits when calculating the required number of parking lot trees, as required in § 165-202.01D(13), if the preserved trees are shown on an approved site plan and serve the intent of interior and perimeter landscaping. The following table shows the credit given for each preserved tree, based on the tree's caliper:
Caliper
(inches)
|
Tree Credit
|
---|---|
4 to 6
|
1
|
7 to 12
|
2
|
13 to 18
|
3
|
19 to 29
|
4
|
Greater than 30
|
5
|
D.
Enforcement procedures. The Zoning Administrator may
require a bond with surety or other acceptable guaranties to insure
the completion of required improvements. Such guaranties shall be
in the estimated amount of the required improvements. Such guaranties
shall be for a period of completion set by the Zoning Administrator
with consultation with the applicant. Such guaranties shall be released
when the required improvements have been completed.
[Amended 6-13-1990]
It is the intent of the regulations of this
section to encourage proper design of a site in order to protect adjacent
existing uses and to protect proposed uses within the site. Certain
types of uses must be buffered from other types in order to ensure
a desirable living environment. Additionally, appropriate distances
must be maintained between commercial, industrial and residential
uses and roads.
A.
Distance buffers. Distance buffers are based on the
nature of an activity and its proximity to an activity of a different
nature. They are linear distances measured from property lines inward.
Part of the buffer must be inactive and part may be active. The inactive
portion begins at the adjoining property line, as shown in the example
diagrams.[1]
(1)
Inactive distance buffer. This portion of a buffer area permits
no activity except the necessary utility functions provided by transmission
lines, underground conduits, stormwater management, sidewalks, trails,
etc.
[Amended 12-11-2019]
(2)
Active distance buffer. This portion of a buffer area may not
be encroached by a building or other principal structure or activity.
However, accessory activities, such as parking, are permitted in this
area.
[Amended 8-12-2009; 12-11-2019]
(3)
Wherever proposed developments are adjacent
to or within 1,000 feet of the boundaries of existing uses, the Board
of Supervisors may require increased or additional distance buffers
to separate different uses to achieve the intentions of this section.
[Amended 9-26-2012]
[1]
Editor's Note: The diagrams detailing example buffers and screening are included as attachments to this chapter.
B.
Screening. Screening is designed to work with distance
buffers to lessen the impact of noise or visual interaction between
adjacent activities. There are two levels of screening: landscape
screening and full screening. The higher the level of screening provided,
the lower the level of distance buffer required. The example diagrams
show how this works.[2]
[Amended 8-12-2009; 9-26-2012; 12-11-2019]
(1)
Landscape screening. A landscape screen consists of a totally
landscaped area at least 10 feet in depth; plantings are encouraged
to be spaced appropriately within the inactive buffer. Within the
area, there shall be a minimum landscaping density of three plants
per 10 linear feet. The buffer shall consist of a combination of 1/3
deciduous trees, 1/3 evergreen trees and 1/3 shrubs. Deciduous trees
shall be planted at a minimum of one-and-one-quarter-inch caliper,
evergreen trees shall be a minimum of four feet in height, and shrubs
shall be 18 inches in height at time of planting.
(2)
Full screen. A full screen provides all the elements of a landscape
screen and also includes a six-foot-high, opaque hedge, fence, wall,
mound, berm, or an additional two rows of evergreen trees that are
six feet tall at time of planting. A fifty-foot strip of mature woodlands
may be allowed as a full screen.
(3)
Wherever proposed developments are adjacent to existing uses,
the Board of Supervisors may require additional landscaping, landscaped
areas, or landscaped easements to separate different uses and to achieve
the intentions of this section.
[2]
Editor's Note: The diagrams detailing example buffers and screening are included as attachments to this chapter.
C.
Residential separation buffers. Residential separation buffers shall
be established to adequately buffer different housing types from dissimilar
housing types within adjacent separate developments. The requirements
for residential separation buffers are as follows:
[Amended 5-11-1994; 10-27-1999; 12-10-2008; 9-26-2012; 1-23-2013]
(1)
When placed adjacent to one another, developments with different
housing types shall provide the following residential separation buffers:
[Amended 12-13-2017]
Minimum Residential Separation Buffer Area Required
| |||||
---|---|---|---|---|---|
Proposed Use/Development
|
Adjoining Existing Use/Development
| ||||
1
|
2
|
3
|
4
|
5
| |
1. Single-family detached
|
—
|
—
|
A
|
B
|
B
|
2. Single-family zero lot line or small lot
|
—
|
—
|
A
|
B
|
B
|
3. Townhouse
|
A
|
A
|
—
|
B
|
B
|
4. Garden apartment or multifamily buildings
|
C
|
C
|
B
|
—
|
A
|
5. Age-restricted multifamily
|
C
|
C
|
C
|
—
|
—
|
Buffer Area Width and Plant Requirements
| ||||
---|---|---|---|---|
Type
|
Inactive (Minimum)
(feet)
|
Active (Maximum)
(feet)
|
Total
(feet)
|
Screen Type
|
A
|
15
|
10
|
25
|
Full screen
|
A
|
30
|
20
|
50
|
Landscape screen
|
A
|
75
|
25
|
100
|
No screen
|
B
|
30
|
20
|
50
|
Full screen
|
B
|
45
|
30
|
75
|
Landscape screen
|
B
|
75
|
25
|
100
|
No screen
|
C
|
75
|
25
|
100
|
Full screen
|
C
|
100
|
50
|
150
|
Landscape screen
|
C
|
150
|
50
|
200
|
No screen
|
(2)
Buffers shall be placed between the lot line of the proposed
housing type and the lot line of the existing adjoining use or development.
When placed on individual lots, the buffer shall be located within
a permanent landscape easement and shall be maintained by the homeowners'
association.
(3)
When age-restricted multifamily housing adjoins other housing
types, the evergreen element of the residential separation buffer
shall be planted at a height of six feet.
(4)
When existing mature woodlands are located within the entire
buffer area (total distance if active and inactive buffer), preservation
of that woodland will be allowed to substitute for the required plant
material.
(5)
Housing types contained within a mixed-use development as outlined
in the Comprehensive Plan or developments that contain a mixture of
housing types but approved with the same master development plan shall
not require residential separation buffers between housing types contained
within the same development. The Zoning Administrator may require
residential separation buffers when a Master Development Plan is revised
and the housing types are modified after construction has already
commenced within the development. Residential separation buffers shall
be required when different housing types are placed adjacent to a
mixed-use or master planned development or if the development abuts
different housing types within a separate development.
(6)
The Board of Supervisors may waive, reduce and/or modify the
residential separation buffer requirements (distance or landscaping)
if the topography of the lot providing the buffer yard and the lot
being protected is such that the required buffer yard would not be
effective.
(7)
The Board of Supervisors may waive, reduce and/or modify the
residential separation buffer requirements (distance or landscaping)
when utility conflicts preclude the installation of the buffer and
would result in unnecessary or otherwise unreasonable hardship to
the developer.
D.
Zoning district buffers. Buffers shall be placed on
land to be developed when it adjoins land in certain different zoning
districts.
(1)
Buffers shall be provided on the land to be
developed according to the categories in the following tables:
[Amended 9-12-2001; 12-10-2008; 8-12-2009]
(a)
Buffer categories:
Distance Buffer Required
| ||||
---|---|---|---|---|
Category
|
Screening Provided
|
Inactive
(Minimum)
(feet)
|
Active
(Maximum)
(feet)
|
Total
(feet)
|
A
|
No screen
|
25
|
25
|
50
|
B
|
Full screen
|
25
|
25
|
50
|
B
|
Landscape screen
|
75
|
25
|
100
|
B
|
No screen
|
150
|
50
|
200
|
C
|
Full screen
|
75
|
25
|
100
|
C
|
Landscape screen
|
150
|
50
|
200
|
C
|
No screen
|
350
|
50
|
400
|
(b)
Buffer categories to be provided on land to
be developed according to the zoning of the adjoining land:
[Amended 11-12-2014; 3-8-2023]
Zoning of Adjoining Land
| |||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Zoning of Land to be Developed
|
RP
|
R4
|
R5
|
MH1
|
B1
|
B2
|
B3
|
TM
|
M1
|
M2
|
EM
|
MS
|
RA (primarily used for residential
purposes)
|
RP
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
R4
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
R5
|
-
|
-
|
-
|
-
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
-
|
MH1
|
C
|
C
|
C
|
-
|
B
|
B
|
B
|
B
|
B
|
A
|
A
|
C
|
-
|
B1
|
B
|
B
|
B
|
B
|
-
|
-
|
A
|
A
|
A
|
A
|
A
|
B
|
B
|
B2
|
B
|
B
|
B
|
B
|
-
|
-
|
-
|
A
|
A
|
A
|
A
|
B
|
B
|
B3
|
C
|
C
|
C
|
C
|
B
|
-
|
-
|
-
|
-
|
-
|
-
|
C
|
C
|
TM
|
C
|
C
|
C
|
C
|
B
|
B
|
-
|
-
|
-
|
-
|
-
|
C
|
C
|
M1
|
C
|
C
|
C
|
C
|
B
|
B
|
-
|
-
|
-
|
-
|
-
|
C
|
C
|
M2
|
C
|
C
|
C
|
C
|
B
|
B
|
B
|
B
|
B
|
-
|
-
|
C
|
C
|
EM
|
C
|
C
|
C
|
C
|
B
|
B
|
B
|
B
|
B
|
-
|
-
|
C
|
C
|
MS
|
C
|
C
|
C
|
C
|
B
|
B
|
B
|
B
|
B
|
B
|
C
|
-
|
C
|
(2)
Whenever land is to be developed in the B1, B2, B3, TM, M1 or
M2 Zoning District that is adjacent to a state road with a right-of-way
with a designated functional classification of interstate, arterial
or collector as approved by the Virginia Department of Transportation,
zoning district buffers shall not be required along the road.
[Amended 12-11-2019; 3-8-2023]
(3)
The Board of Supervisors may grant a waiver to reduce the required buffer distance requirements between land primarily used for residential purposes and the B-1 (Neighborhood, Business) or B-2 (Business, General) Zoning District with the consent of the adjacent (affected) property owners. Should a waiver be granted by the Board of Supervisors, the distance requirements of § 165-203.02D(1)(a) may be reduced, provided that the full screening requirements of this section are met.[3]
[Amended 3-9-2005; 11-12-2014]
[3]
Editor's Note: Former Subsection D(4), concerning land to be developed in the B3, OM, M1 or M2 Zoning District, as amended, and (5), concerning land to be developed in the MS Zoning District, added 9-12-2001, was repealed 11-12-2014, which ordinance also renumbered Subsection D(6) through (11) as Subsection D(4) through (9), respectively.
(4)
The Zoning Administrator may waive any or all
of the requirements for the zoning district buffers on a particular
site plan when all uses shown on the site plan are allowed in the
zoning district in which the development is occurring and in the adjoining
zoning districts.
[Amended 8-12-2009]
(5)
The Zoning Administrator may waive, reduce and/or modify buffer yard
requirements (distance and landscaping) if, in his opinion, the topography
of the lot providing the buffer yard and the lot being protected is
such that the required yard would not be effective. The buffer may
also be modified to maintain highway sight distances.
[Amended 8-12-2009]
(6)
Land proposed to be developed in the B3, TM,
M1 or M2 Zoning District may be permitted to have a reduced buffer
distance that is consistent with the required side or rear building
setback line, provided that the following requirements are met:
[Added 3-13-1996; amended 8-12-2009; 12-11-2019; 3-8-2023]
(a)
The property to be developed with a reduced
buffer distance is part of an approved master planned industrial park.
(b)
There are no primary or accessory uses within the reduced buffer distance area, including driveways, access drives, outdoor storage areas, parking areas, staging areas, loading areas and outdoor dumpster areas. All-weather surface fire lanes necessary to meet the requirements of Chapter 90, Fire Prevention, of the Code of Frederick County, Virginia, shall be exempt from this performance standard.
(c)
A full screen is required to be created within
the reduced buffer distance area which shall be comprised of a continuous
earth berm that is six feet higher in elevation than the highest elevation
within the reduced buffer distance area and a double row of evergreen
trees that are a minimum of six feet in height and planted a maximum
of eight feet from center to center.
(7)
Proposed developments required to provide buffers and screening as determined by § 165-203.02D(1)(b) of this chapter may be permitted to establish a common shared buffer and screening easement with the adjoining property. The common shared buffer and screening easement shall include all components of a full screen which shall be clearly indicated on a site design plan. A legal agreement signed by all appropriate property owners shall be provided to the Department of Planning and Development and shall be maintained with the approved site design plan. This agreement shall describe the location of the required buffer within each property, the number and type of the plantings to be provided and a statement regarding the maintenance responsibility for this easement. The required buffer distance may be reduced by 50% for a common shared buffer easement if existing vegetation achieves the functions of a full screen.
[Amended 6-12-1996]
(8)
When a flex-tech development is split by a zoning
district line, the Zoning Administrator may allow for a reduction
of the distance buffer and the relocation of the screening requirements.
Such modifications shall be allowed at the Zoning Administrator's
discretion, provided that all of the following conditions are met:
[Added 2-11-1998; amended 9-26-2012]
(a)
The zoning district boundary line for which
the modification is requested is internal to the land contained within
the master development plan.
(b)
The required landscape screen is relocated to
the perimeter of the flex-tech development. This relocated landscape
screen shall contain the same plantings that would have been required
had the screen been placed along the zoning district boundary line.
(9)
Whenever land is to be developed in the B1, B2, B3, TM, M1 or M2 Zoning District that is adjacent to a railroad right-of-way that has property zoned B1, B2, B3, TM, M1 or M2 on the opposite side, zoning district buffers shall not be required. In the event that residential uses are located on the opposite side of the railroad right-of-way, a zoning district buffer as required by § 165-203.02D shall be provided. In the event that a zoning district buffer is required, the width of the railroad right-of-way may be counted towards the required zoning district buffer distance.
[Added 12-10-2008; amended 3-8-2023]
(10)
The Board of Supervisors may grant a waiver that modifies or
eliminates a required zoning district buffer between land being developed
in the B1, B2, B3, TM, M1 or M2 Zoning Districts that is adjacent
to land primarily used for residential purposes in the RA Rural Areas
Zoning District, provided that:
[Added 11-12-2014; amended 3-8-2023]
(11)
The Zoning Administrator may grant a waiver to allow chain-link fence
with slats to satisfy the opaque fence requirements for zoning district
buffers between land primarily used for residential purposes and land
located in the B-1 (Neighborhood, Business) or B-2 (General Business)
Zoning District with the consent of the adjacent (affected) property
owners. A chain-link fence with slats shall meet the following criteria:
[Added 10-13-2021]
(a)
Chain-link fencing with slats must have a privacy factor of 90% or
greater.
(b)
Chain-link fencing with slats shall consist of double-walled winged
slats.
(c)
Chain-link fencing with slats shall only utilize the following colors:
dark green, brown, black, or tan.
(d)
The use of wood slats or plastic slats without interlocking wings
and double walls shall be prohibited.
E.
Road efficiency buffers. The purpose of these requirements
is to provide protection for residential structures from any street
classified as a collector road or higher while still providing an
attractive view of the residential neighborhoods from major roadways.
It is not the intent of these regulations to provide uniform linear
strips of completely opaque screening but to provide an attractive
view of residential neighborhoods from major streets and ensure adequate
buffering for the residential neighborhood from the street.
[Amended 9-13-1995; 5-8-2002; 9-26-2012; 1-23-2013]
(1)
All residential structures shall be separated
from interstate, limited access, primary, major arterial, minor arterial
or major collector roads, as designated by the Virginia Department
of Transportation or the Frederick County Comprehensive Plan, by the
following road efficiency buffers:
Distance Buffer Required
| |||||
---|---|---|---|---|---|
Road Classification
|
Inactive
(minimum)
(feet)
|
Active
(maximum)
(feet)
|
Total
(feet)
|
Screen Type
| |
Interstate/ arterial/ limited access
| |||||
Full-distance buffer
|
50
|
50
|
100
|
Landscape screen
| |
Reduced-distance buffer
|
40
|
40
|
80
|
Full screen
| |
Major collector
| |||||
Full-distance buffer
|
40
|
40
|
80
|
Landscape screen
| |
Reduced-distance buffer
|
40
|
10
|
50
|
Full screen
|
(2)
All road efficiency buffers shall begin at the edge of the road right-of-way, with the inactive portion abutting the road right-of-way. All required elements of the full-distance buffer or the reduced-distance buffer shall be located within the inactive portion of the road efficiency buffer. Maintenance of the road efficiency buffer shall be in accordance with § 165-203.01B(3). The inactive portion of the road efficiency buffer is permitted to count towards the required percentage of common open space; however, no portion of a residential lot shall be located within the inactive portion of the road efficiency buffer. The active portion of the road efficiency buffer may be permitted to be located within a residential lot, provided that the primary structure is not located within the buffer area. Accessory structures may be located within the active portion of the road efficiency buffer, provided that the structures meet all applicable setback requirements. Access roads serving as the primary means of vehicular travel to residential subdivisions are permitted to traverse road efficiency buffers.
(3)
All road efficiency buffers shall contain landscaping
evergreen trees intended to reach a minimum height of 20 feet at maturity.
(4)
The Zoning Administrator may allow alternative landscaping near
entrance drives to ensure safe sight distances.
(5)
The Zoning Administrator may waive, reduce and/or modify the road
efficiency buffer yard requirements if in his opinion the topography
of the lot providing the buffer yard and the lot being protected is
such that the required buffer yard would not be effective.
(6)
When existing mature woodland, when supplemented by new vegetation
if needed, is located within the entire buffer area and meets the
intent of this section, preservation of that woodland will be allowed
to substitute for the required plant material and the opaque screening.