Contents of Frederick Land Use Code
- PUBLISHER'S NOTE
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Article 1
General Provisions
- Sec. 1.1 Title
- Sec. 1.2 Short titles
- Sec. 1.3 Authority
- Sec. 1.4 Jurisdiction
- Sec. 1.5 Purpose
- Sec. 1.6 Interpretation
- Sec. 1.7 Applicability of Code
- Sec. 1.8 Relationship to existing ordinances
- Sec. 1.9 Relationship to Comprehensive Plan
- Sec. 1.10 Effective date
- Sec. 1.11 Fees
- Sec. 1.12 Severability
- Sec. 1.13 Computation of time
- Sec. 1.14 Miscellaneous
- Sec. 1.15 Definitions
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Article 2
Community Design Principles and Development Standards
- Sec. 2.1 General provisions
- Sec. 2.2 Vision and intent
- Sec. 2.3 Design elements
- Sec. 2.4 Compact urban growth
- Sec. 2.5 Neighborhood design principles
- Sec. 2.6 Lots and blocks
- Sec. 2.7 Streets
- Sec. 2.8 Parking
- Sec. 2.9 Sidewalks, walkways, multi-use pathways, and trails
- Sec. 2.10 Easement and utility standards
- Sec. 2.11 Parks and open space
- Sec. 2.12 Public sites and dedication requirements
- Sec. 2.13 Fair contribution for public school sites
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Sec. 2.14
Landscape design
- 1. Intent
- 2. General provisions
- 3. Design Principles
- 4. Landscaping for new construction
- 5. Plant materials
- 6. Landscaping design standards
- 7. Additional landscape requirements by zoning district
- 8. Mitigation
- 9. Submittal standards for all landscape plans
- 10. Storm drainage facilities
- 11. Alternative compliance
- Sec. 2.15 Buffering and screening techniques
- Sec. 2.16 Fences and walls
- Sec. 2.17 Residential architecture (single-family and multi-family dwellings)
- Sec. 2.18 Commercial and industrial architecture
- Sec. 2.19 Lighting
- Sec. 2.20 Environmental considerations
- Sec. 2.21 Sanitary sewer
- Sec. 2.22 Potable water
- Sec. 2.23 Fire hydrants
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Article 3
Zoning
- Sec. 3.1 General Provisions
- Sec. 3.2 Zoning Districts and Boundaries
- Sec. 3.3 Zoning Districts
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Sec. 3.4
Permitted, Conditional, Special, and Limited Uses by Zoning District – Use-Specific Standards – Residential Protection Standards – Accessory Use and Structure Standards (Including ADUs and Home Occupations)
- 1. Interpretation of Use Tables – Multiple Uses of a Lot.
- 2. Residential Uses
- 3. Hospitality, Recreation, and Entertainment Uses
- 4. General Commercial Uses
- 5. Veterinary and Domestic Animal Uses
- 6. Community, Civic, Educational, and Institutional Uses
- 7. Industrial, Processing, Recycling, Storage, and Disposal Uses
- 8. Motor Vehicle and Transportation Uses
- 9. Utility Uses
- 10. Wireless Telecommunications Uses
- 11. Agricultural Uses
- 12. Residential Protection Standards
- 13. Accessory Uses and Accessory Buildings (Except Accessory Dwelling Units and Home Occupations)
- 14. Home Occupations
- 15. Accessory Dwelling Units
- 16. Outdoor Storage
- 17. Use of Storage Containers
- 18. Stacking and Design Standards for Drive-In and Drive-Through Facilities
- 19. Design and Performance Standards for Nonresidential Uses in the C-E Zoning District
- 20. Seasonal Sales
- 21. Backyard Chickens
- 22. Apiaries/Beekeeping
- 23. Medical Marijuana Cultivation and Processing by Caregivers and Patients
- Sec. 3.5 Density and Dimensional Standards
- Sec. 3.6 Nonconforming Uses
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Article 4
Subdivision Regulations
- Sec. 4.1 General Provisions
- Sec. 4.2 Intent
- Sec. 4.3 Administration
- Sec. 4.4 Types of applications
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Sec. 4.5
General Procedures
- 1. Pre-Application Conference
- 2. Neighborhood Meetings
- 3. Complete Applications Required
- 4. Planning Director Authority to Refer Applications to Planning Commission and Board of Trustees
- 5. Concurrent Review
- 6. Written Notices
- 7. Posted Notification
- 8. Published Notice
- 9. Types of Public Notice Required
- 10. Document Recording
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Sec. 4.6
Major Application Review Procedure
- 1. Step 1: Pre-Application Conference
- 2. Step 2: Neighborhood Meetings
- 3. Step 3: Application Submittal
- 4. Step 4: Notice of Application and posting of property
- 5. Step 5: Review and Initial Comments to Applicant
- 6. Step 6: Submission of Revised Application
- 7. Step 7: Review and Final Comments
- 8. Step 8: Notice of public hearing and posting of the property
- 9. Step 9: Public Meeting at Planning Commission
- 10. Step 10: Public Hearing at Board of Trustees
- Sec. 4.7 Specific Requirements and Review Standards for Major Applications
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Sec. 4.8
Minor Application Review Procedure
- 1. Step 1: Pre-Application Conference
- 2. Step 2: Neighborhood Meetings
- 3. Step 3: Application Submittal
- 4. Step 4: Notice of Application and posting of property
- 5. Step 5: Review and Initial Comments to Applicant
- 6. Step 6: Submission of Revised Application
- 7. Step 7: Review and Final Comments
- 8. Step 8: Notice of public hearing and posting of the property
- 9. Step 9: Public Hearing at Planning Commission
- 10. Step 10: Public Meeting at Board of Trustees
- Sec. 4.9 Specific Requirements and Review Standards for Minor Applications
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Sec. 4.10
Administrative Application Review Procedure
- 1. Step 1: Pre-Application Conference
- 2. Step 2: Neighborhood Meetings
- 3. Step 3: Application Submittal
- 4. Step 4: Notice of Application and posting of property
- 5. Step 5: Review and Initial Comments to Applicant
- 6. Step 6: Submission of Revised Application
- 7. Step 7: Review and Final Comments
- 8. Step 8: Final decision by Planning Director
- Sec. 4.11 Specific Requirements and Review Standards for Administrative Applications
- Article 5 Vesting of Property Rights
- Article 6 Enforcement
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Article 7
Sign Code
- Part 1. Findings – Purpose – Objectives – Authority – Applicability – Exceptions
- Part 2. Measurements and Calculations – General Design Standards – Content
- Part 3. Standards for Permanent Signs
- Part 4. Standards for Temporary Signs
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Part 5.
Permitting Procedures – Design Program Alternative
- Sec. 7.16 Permitting procedures
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Sec. 7.17
Design program alternative
- 1. Purpose
- 2. Authorization to modify requirements
- 3. Procedures
- 4. Approval criteria
- 5. Maximum total sign area and sign height
- 6. Elimination of nonconforming signs
- 7. Temporary signs
- 8. Conditions of approval
- 9. Contents of design program
- 10. Effect of approval
- 11. Duration of approval
- 12. Amendment
- Part 6. Sign Maintenance
- Part 7. Nonconformities and Enforcement
- Part 8. Definitions
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Article 8
Floodplain Areas
- Sec. 8.1 Statutory authorization
- Sec. 8.2 Findings of fact
- Sec. 8.3 Statement of purpose
- Sec. 8.4 Methods of reducing flood losses
- Sec. 8.5 Definitions
- Sec. 8.6 Lands to which Article applies
- Sec. 8.7 Basis for establishing areas of special flood hazard within the jurisdiction of the Town
- Sec. 8.8 Compliance
- Sec. 8.9 Abrogation and greater restrictions
- Sec. 8.10 Interpretation
- Sec. 8.11 Warning and disclaimer of liability
- Sec. 8.12 Establishment of development permit
- Sec. 8.13 Designation of Local Administrator
- Sec. 8.14 Duties and responsibilities of Local Administrator
- Sec. 8.15 Variance procedure
- Sec. 8.16 General standards for flood hazard reduction
- Sec. 8.17 Specific standards
- Sec. 8.18 Standards for critical facilities
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Article 9
Oil and Gas Drilling and Production
Revised
- Sec. 9.1 Purpose Revised
- Sec. 9.2 Definitions Revised
- Sec. 9.3 Requirements and procedures Revised
- Sec. 9.4 Application elements Revised
- Sec. 9.5 Review criteria Revised
- Sec. 9.6 Notice to proceed
- Sec. 9.7 Building permit
- Sec. 9.8 Development setbacks from wells and facilities
- Sec. 9.9 Compliance with state environmental requirements
- Sec. 9.10 Geologic hazard, floodplain, floodway location restrictions
- Sec. 9.11 Access roads
- Sec. 9.12 Wildlife impact mitigation
- Sec. 9.13 Emergency response costs
- Sec. 9.14 Violation and enforcement Revised
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Article 10
RV Parks
- Sec. 10.1 Definitions
- Sec. 10.2 Review process
- Sec. 10.3 Location of recreational vehicle parks
- Sec. 10.4 Park development standards
- Sec. 10.5 Park size and density
- Sec. 10.6 Roadways and parking
- Sec. 10.7 Entrances and exits
- Sec. 10.8 Accessory uses
- Sec. 10.9 Open space and recreational areas
- Sec. 10.10 Buffering; setbacks, screening and landscaping
- Sec. 10.11 Utilities
- Sec. 10.12 Refuse disposal
- Sec. 10.13 Insect and rodent control
- Sec. 10.14 Fire prevention and protection
- Sec. 10.15 Sanitary facilities
- Sec. 10.16 Service buildings
- Sec. 10.17 Safety
- Sec. 10.18 Miscellaneous regulations
- Sec. 10.19 Permanent occupancy prohibited
- Sec. 10.20 Development application and site plan requirements
- Sec. 10.21 Licensing and inspection
- Sec. 10.22 Revocation of license
- Sec. 10.23 Responsibilities of management
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Article 11
Historic Landmarks and Historic Districts
- Sec. 11.1 Designation of historic landmarks and historic districts
- Sec. 11.2 Procedures for designating structures and districts for preservation
- Sec. 11.3 Criteria for designation
- Sec. 11.4 Revocation of designation
- Sec. 11.5 Amendment of designation
- Sec. 11.6 Landmark alteration certificate required
- Sec. 11.7 Construction on proposed landmark sites or in proposed districts
- Sec. 11.8 Landmark alteration application and review
- Sec. 11.9 Criteria for review of alteration certificate
- Sec. 11.10 Relocation criteria
- Sec. 11.11 Exemptions from alteration certificate requirements
- Sec. 11.12 Enforcement and penalties
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Article 12
Manufactured Home Parks
- Sec. 12.1 General provisions – Manufactured Home Park (MH) District
- Sec. 12.2 Manufactured home design standards/building requirements
- Sec. 12.3 Density, dimensional and spacing standards
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Sec. 12.4
Manufactured home park design standards
- a. Street design standards
- b. Parking
- c. Pedestrian circulation
- d. Street and sidewalk lighting
- e. Access and circulation
- f. Sidewalk between street and manufactured home
- g. Traffic control
- h. Utility design requirement
- i. Manufactured home space landscaping
- j. Manufactured home park perimeter and common space landscaping
- k. Outdoor living area
- l. Tenant storage
- m. Street names, addressing and mail delivery
- n. Solid waste disposal
- Sec. 12.5 MH District miscellaneous provisions
- Sec. 12.6 MH District application submission requirements
- Sec. 12.7 General provisions – Manufactured Housing Development (MFH) District
- Sec. 12.8 Manufactured housing design standards
- Sec. 12.9 MFH District miscellaneous provisions
- Sec. 12.10 MFH District application submission requirements
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Article 13
Annexation
- Sec. 13.1 Purpose and intent
- Sec. 13.2 General provisions
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Sec. 13.3
Required information
- 1. Letter of intent
- 2. Statement of conformance with the Town’s Comprehensive Plan
- 3.
- 4. Petition for annexation
- 5. Annexation Plat
- 6.
- 7.
- 8.
- 9.
- 10. Surrounding and interested property ownership report
- 11.
- 12.
- 13. Annexation impact report (if required)
- 14. Draft Annexation Agreement
- 15. Conceptual Development Plan
- 16. Property tax statement
- 17. Title commitment
- 18.
- 19.
- 20.
- 21.
- 22. Relationship to other code requirements
- Sec. 13.4 Review procedures
- Sec. 13.5 Public review and notice
- Sec. 13.6 Annexation elections
- Sec. 13.7 Post-approval actions
- Sec. 13.8 Fees and expenses
- Sec. 13.9 Technical Standards
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Article 14
Metropolitan Districts
- Sec. 14.1 Legislative declaration
- Sec. 14.2 Definitions
- Sec. 14.3 Reservation and construction
- Sec. 14.4 Material modification
- Sec. 14.5 Determination of applicability
- Sec. 14.6 Service plan amendment
- Sec. 14.7 Partial exemption
- Sec. 14.8 Required service plan amendments
- Sec. 14.9 Review of financing
- Sec. 14.10 Mill levy cap
- Sec. 14.11 Service plan consideration
- Sec. 14.12 Presubmittal meeting
- Sec. 14.13 Filing of proposed service plan
- Sec. 14.14 Administrative review
- Sec. 14.15 Public hearing
- Sec. 14.16 Hearing and determination
- Sec. 14.17 Written determination
- Sec. 14.18 Appeal
- Sec. 14.19 Capital facilities
- Sec. 14.20 Sanctions
- Sec. 14.21 Disclosure to buyers of property within the district
- Sec. 14.22 Application to pending service plans and amendments
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Article 15
Downtown Code
- Sec. 15.1 Purpose, Intent, and Applicability
- Sec. 15.2 Introduction to the Downtown Code
- Sec. 15.3 Definitions
- Sec. 15.4 Regulating Plan and Street Typologies and Standards
- Sec. 15.5 Allowed Uses
- Sec. 15.6 Development Standards
- Sec. 15.7 Building and Frontage Types
- Sec. 15.8 Reserved
- Sec. 15.9 Parking
- Sec. 15.10 Architectural and Design Standards
- Sec. 15.11 Special Use Regulations
- Appendix A
- Tables