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Frederick County, VA
 
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Code
New Laws (2) Index
[Amended 2-13-2008; 5-12-2010; 9-26-2012; 1-8-2020; 5-10-2023; 12-13-2023]
The HE Higher Education District is intended to permit institutions of higher education in appropriate areas. It is intended that uses in this district be properly separated from different uses in adjoining districts. The North American Industry Classification System (NAICS) shall be used to assist the Zoning Administrator in classifying the permitted uses.
Structures to be erected or land to be used shall be for one or more of the following uses:
Permitted Uses
Colleges, Universities, and Professional Schools
Public Utilities excluding Energy-Generating Facilities
Wired and Wireless Telecommunication Carriers (excluding Satellite)
Food and Beverage Retailers excluding Fruit and Vegetable Stands and Vending Machine Operators
Food Services and Drinking Places excluding Mobile Food Services
Health and Personal Care Retailers
Miscellaneous Retailers limited to Bookstores
Hotel and Motels, including Rooming and Boarding Houses, and Dormitories; excluding Workers Camps
Coin Operated Laundries, Drycleaners, and Linen Supplies
Personal Care Services
Photocopying and Duplicating Services
Physical Fitness Facilities
Civic and Social Organizations
Adult Day-Care Centers
Child Day-Care Services
Places of Religious Worship
Wellness Centers (as defined)
Parks
Postal Services
A. 
Structures shall be located 50 feet from any primary or arterial highway and 35 feet from any collector or minor street.
B. 
The minimum side yard for all structures shall be 15 feet. An additional foot from the side yard boundary shall be added to the minimum side yard setback for every foot that the height of the structure exceeds 45 feet when the adjacent use is single-family residences.
C. 
The minimum rear yard for all structures shall be 25 feet. An additional foot from the rear yard boundary shall be added to the minimum rear yard setback for every foot that the height of the structure exceeds 45 feet when the adjacent use is single-family residences.
D. 
There shall be no minimum lot size or minimum lot width or depth.
E. 
Maximum floor area to lot area ratio (FAR) shall be 2.0.
F. 
Minimum landscaped area (percentage of lot area) shall be 25%.
A. 
The Zoning Administrator may require buffers, as defined in § 165-203.02A of this chapter, on lots which abut land in any residential district or land in other zoning districts which are predominantly residential in nature. The size and content of the buffers shall be based on the amount of separation needed.
B. 
The Zoning Administrator may require landscaped screens or full landscaping, as defined by § 165-203.02B of this chapter, to separate uses in this district from adjoining residential uses and to achieve the intentions of this chapter.
The maximum structure height shall be 45 feet. The Board of Supervisors may waive the forty-five-foot height limitation, provided that it will not negatively impact adjacent residential uses. In considering the height waiver, the Board of Supervisors may require architectural renderings that demonstrate potential impacts on adjacent residential uses. In no case shall any structure exceed 75 feet in height.