[Amended 5-11-1994; 6-8-1994; 5-4-1995; 2-26-1997; 10-27-1999; 8-9-2000; 1-12-2005; 4-26-2005; 8-24-2005; 7-26-2006; 11-14-2007; 2-13-2008; 12-10-2008; 9-26-2012; 1-23-2013]
Part 402 is intended to provide for a compatible mixture of quality residential housing types within the Urban Development Area, consistent with the residential land use policies of the Comprehensive Plan. The plan identifies basic land use characteristics which are to be encouraged:
Efficient land use patterns that create high-quality neighborhoods that are attractive and pedestrian oriented.
Densities that promote a compact and efficient use of land.
Reduced housing and public facility costs.
Energy efficient housing and housing patterns.
Sustainable and environmentally sensitive land use.
Within this Part 402, a number of general performance requirements are identified. When a housing development has satisfied these requirements, this Part 402 is intended to provide a large degree of flexibility in development and housing design. This design process is accomplished through a master development plan which is designed in cooperation with the County staff and Planning Commission and reviewed by the Board of Supervisors. The layout, phasing, density and intensity of a development is determined through the adoption of the master plan by the Planning Commission and the Board of Supervisors.
It is the intent of this Part 402 to allow a mixture of housing types on the land within an approved master development plan. Within this Part 402, the permitted development percentages and densities for all housing types are identified. The master development plan shall specify the amount and percentages of all proposed housing types.
While a mixture of housing types is allowed on a site, the intent is to use the master development plan and the other article regulations to place the different housing types on the site in a way that will protect the living environment of the new residents and existing residential land uses. It is the intention of this Part 402 to integrate new residential developments with existing residential developments and to ensure that different residential developments are properly screened from one another while still creating a sense of community and while providing for a variety of housing options. This Part 402 attempts to encourage the provision of some amenities through density bonuses, which are intended to enhance the development without increasing housing costs.
Streets shall be provided in new developments to continue existing and planned street patterns and in conformance with the Comprehensive Plan as well as any road improvement plans where appropriate and where necessary to achieve an interconnected street system. Streets and rights-of-way in proposed developments, intended to be developed in the future, shall be clearly designated to take into account future development as indicated in the Comprehensive Plan.
In those sections of this Part 402 where discretion is given to the Zoning Administrator, that discretion shall be exercised with this statement of intent as the primary guide for action.
All uses shall be developed in accordance with an approved master development plan unless otherwise waived under Article VIII of this chapter.
Structures and land shall be used for one of the following uses:
All residential housing types specified in § 165-402.09.
Schools and churches.
Fire stations and companies and rescue squads.
Utility distribution facilities necessary to serve residential uses, including, but not limited to, poles, lines, distribution transformers, pipes and meters.
Accessory uses and structures. Accessory structures attached to the main structure shall be considered part of the main structure. Mobile homes and trailers, as defined, shall not be permitted as accessory structures or buildings.
Required or bonus recreational facilities, public or private parks, neighborhood parks, playgrounds, or other noncommercial recreational facilities.
Business signs associated with schools, churches, fire stations and companies and rescue squads, recreational facilities, public parks, playgrounds, and libraries.
Temporary model homes used for sale of properties in a residential development.
Residential subdivision identification signs.
Signs allowed in § 165-201.06B.
Temporary family health care structure. (NOTE: By adding temporary family health care structure as a permitted use in the RP District, it is also automatically a permitted use in the R4 and R5 Districts.)
Uses and associated signs permitted with a conditional use permit shall be as follows:
Convalescent and nursing homes and adult care residences and assisted living care facilities.
Cottage occupations, as defined.
Nationally chartered fraternal lodges or civic clubs, social centers and their related club facilities, with an approved site plan, meeting the requirements of this chapter and with the following conditions:
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.
Rooming houses, boardinghouses and tourist homes.
Veterinary offices, veterinary clinics or veterinary hospitals, excluding the boarding of animals for nonmedical purposes.
Offices and clinics of doctors of medicine, dentists and other health practitioners (SIC 801, 802, 803, and 804).
More than one principal structure or use and its customary accessory structures or uses are permitted in the RP Residential Performance District for multiplexes, garden apartments, multifamily residential buildings and age-restricted multifamily housing.
A gross density shall be established for each proposed development, including all land contained within a single master development plan, according to the characteristics of the land, the capacity of public facilities and roads and the nature of surrounding uses. Because of these characteristics, some developments may not be allowed to employ the maximum density allowed by these regulations. The following density requirements shall apply to all parcels as they exist at the time of the adoption of this section:
Subsequent divisions of land shall not increase the allowed density on parcels of land.
In no case shall the gross density and maximum percentage of multifamily housing of any development within an approved master development plan exceed the densities and percentages set forth in the following table:
Within developments utilizing transferable development rights, the maximum gross residential density for the development shall be determined in § 165-302.03H.
The developer/subdivider is permitted to construct the subdivision in phases or sections as long as:
All sections are indicated on the master development plan and are of a size and at such a location that they constitute economically sound increments of development.
Common recreational facilities and improvements and other improvements indicated for any phase section are required to be started not later than when that section reaches fifty-percent occupancy and are required to be complete by the time that section reaches sixty-percent occupancy.
Provisions shall be made to incorporate all phases or sections of the planned development under one homeowners' association/corporation.
In order to provide sufficient, safe access, the Planning Commission and the Board of Supervisors may require that the phases be arranged so that essential street entrances to the development are provided in the initial phases of the development.
A minimum percentage of the gross area of any proposed development shall be designated as common open space. This open space shall be for purposes of environmental protection and for the common use of residents of the development. Such open space shall be dedicated to a property owners' association or to Frederick County. Open space shall be dedicated to Frederick County only with the approval of the Board of Supervisors. The Board of Supervisors may allow public libraries and public schools to be located within areas designated as common open space, provided that the proposed facilities are indicated on the original master development plan for the residential development. During the review of the master development plan, the Board of Supervisors shall ensure that the location of a proposed public library or public school is appropriate and that adequate buffers, screening and access are provided to prevent negative impacts to adjoining residential uses. Public libraries and public schools shall be dedicated to Frederick County. Developments which contain any of the following housing types shall provide open space as specified below:
No more than 50% of the required open space shall be within the following environmental areas: lakes and ponds, floodplain, wetlands or steep slopes. The Administrator, upon recommendation by the Planning Commission, may allow a larger amount of steep slopes to be utilized where the developer can demonstrate a viable plan to make these areas useful.
In developments containing only single-family detached urban housing or single-family detached urban housing mixed with single-family detached traditional housing, the required open space may be waived by the Board of Supervisors. The open space requirement shall only be waived when the required open space is less than one acre. Such waiver shall not include open space provided to meet environmental requirements.
The minimum required open space percentages provided in § 165-402.07A of this chapter may be reduced for residential developments which provide for active recreational areas and amenities, upon the granting of an open space waiver issued by the Board of Supervisors. In no case shall the required open space (per § 165-402.07A) be reduced more than 75% for single-family detached housing types (excluding single-family small lot) and no more than 50% for all other residential housing types and mixtures. Active recreational areas and amenities shall be incorporated within the development's common open space and be for the use of and maintained by the subject development's property owner's association. The active recreational area and amenity value shall be equivalent to the value of one recreational unit for each 30 dwelling units. The active recreational area and amenity value and design shall be approved by the Zoning Administrator in conjunction with the Director of Parks and Recreation. These open space active recreational areas and amenities shall be in addition to the minimum recreational facilities identified in § 165-402.08. The gross density requirements as required in § 165-402.05 shall not be exceeded through the reduction of common open space. Requests for an open space reduction waiver would be considered by the Board of Supervisors during the master development plan process. Acceptance of the reduced open space request will be based on the quality of the open space and the recreational amenities provided.
Single-family small lot, multiplex, townhouse, back-to-back townhouse, garden apartment and multifamily building housing types shall provide the following recreational units or equivalent recreational facilities for each 30 dwelling units. All such developments shall contain at least one such recreational unit. In addition, developments containing single-family small-lot housing shall provide a community center that provides for the equivalent of three age-appropriate recreational units for each 30 dwelling units. The facilities shall be in a configuration and location that is easily accessible and centrally located to the dwelling units that they are designed to serve. The design and amount of facilities shall be approved by the Zoning Administrator in conjunction with the Department of Parks and Recreation, using the following recreational unit as a guideline. The design of such facilities shall be approved at the time of site plan review.
The Board of Supervisors may provide a waiver for the community center requirement specified in § 165-402.08A in single-family small-lot subdivisions that contain less than 25 lots. This waiver may be requested by the applicant during the consideration of the subdivision design plan if no master development plan is required. The applicant is required to demonstrate how an equivalent recreational value of three recreational units for each 30 dwelling units, prorated, is being provided within the project, to the County, or a combination of both as a condition of requesting approval of a waiver by the Board of Supervisors.
A recreational unit is designed to meet the recreational needs of 30 dwelling units. The units may be broken into smaller units or added together to meet the needs of the total development. An example recreational unit shall be as follows:
Playground: composite play system for school-age children with a minimum of eight play features and one swing set.
Or any recreational facilities of equivalent monetary value which may include:
The following dimensional requirements shall be met by uses in the RP Residential Performance District. The Zoning Administrator shall make the final determination as to the classification of housing types. Unless otherwise specified, all housing types shall be served by public sewer and water.
Single-family detached rural traditional. This dwelling type consists of a fully detached, large-lot single-family residence on an individual lot with private yards on all four sides, without public sewer and water. Dimensional requirements shall be as follows:
Single-family detached traditional. This dwelling type consists of a fully detached, large-lot single-family residence with private yards on all four sides without required common open space. Dimensional requirements shall be as follows:
Single-family detached urban. This dwelling type consists of a fully detached, single-family residence on an individual lot with private yards on all four sides. Dimensional requirements shall be as follows:
Single-family detached cluster. This dwelling type consists of a fully detached, single-family residence on an individual lot, with private yards on all four sides. Dimensional requirements shall be as follows:
Single-family detached zero lot line. This dwelling type consists of a fully detached, single-family residence on an individual lot. The building is set on one of the side property lines, with a maintenance easement on the adjoining lot. Dimensional requirements shall be as follows:
Single-family small lot. This dwelling type consists of a single-family detached or attached residence on an individual lot. No more than two units may be attached together. Dimensional requirements shall be as follows:
Multiplex. A "multiplex" is an attached residence containing three to four dwelling units. Units may or may not have independent outside access. Units within multiplex structures may be arranged side to side, back to back or vertically. Dimensional requirements shall be as follows:
Townhouse; back-to-back townhouse. This dwelling type consists of a single-family attached dwelling unit from ground to roof, with individual outside access. Rows of townhouses shall contain no more than eight dwelling units in a group. Back-to-back townhouses shall contain no more than 16 dwelling units in a group. Dimensional requirements shall be as follows:
Garden apartments. This housing type consists of buildings that contain multiple dwelling units that share a common yard area. The entire dwelling unit does not necessarily have to be on the same floor. Garden apartments shall be at least two stories high but no more than four stories and shall contain six or more units in a single structure, not to exceed 16 units within a single structure. Dimensional requirements shall be as follows:
Multifamily residential buildings. This housing type consists of multifamily buildings with a minimum of four dwelling unit entrances sharing an internal corridor per floor. The entire dwelling unit does not necessarily have to be on the same floor. External corridors are not permitted. Multifamily residential buildings shall only be located in areas designated in the Comprehensive Plan as neighborhood villages, urban centers or other areas planned for high-density residential. Dimensional requirements shall be as follows:
Age-restricted multifamily housing. "Age-restricted multifamily housing" is multifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Age-restricted multifamily housing shall only be permitted within proffered age-restricted developments. Elevator service shall be provided to each floor of age-restricted multifamily housing structures for use by residents and guests. Dimensional requirements shall be as follows:
Height for other uses. The height for all other uses not otherwise specified shall not exceed 45 feet.
Setbacks for accessory structures. Accessory structures shall be set back from all property lines a minimum of five feet, except for uses with a required enclosed yard.
Setbacks from business and industrial uses. All proposed structures shall be set back 50 feet from the boundary of land zoned for business or industrial uses or land currently containing business or industrial uses.
Pipestem lots. The use of pipestem lots is permitted for single-family detached traditional, single-family detached urban and single-family detached cluster lot types, if all of the following design requirements are met:
The total number of pipestem lots in a residential development may not exceed 5% of the total number of lots.
Pipestem lots shall have a minimum road frontage of 20 feet.
Pipestem lot driveways shall access only one lot.
Pipestem lot driveways shall not adjoin other pipestem driveways.
Unless specified differently above, pipestem lots shall comply with all other regulations of the Frederick County Zoning and Subdivision Ordinances.