§ 1-19-7.500. VILLAGE CENTER ZONING DISTRICT OVERLAY STANDARDS.
   (A)   Purpose and intent. To provide for the location of a mix of commercial services and residential development within the Village Center Zoning Districts of rural communities with well and septic, and regional/district communities where public water and sewer are either existing and/or planned. Village Center zoning is applied to communities that contain an older village center as well as historic resources which are unique characteristics of Frederick County. It is the intent of the overlay standards to distinguish between development in rural communities and growth area communities that accommodate differing intensities and densities of growth, as well as sustain the distinctive village center character and community identity through carefully planned development. The design standards are to ensure that new development is compatible with the unique characteristics within each community. The scale and density of new development shall conform to the existing development patterns of the specific community in which it is located as depicted within the Village Center Zoning District design guide.
   (B)   Application.
      (1)   Density. Development within the Village Center Zoning District may not exceed 3 dwelling units per acre except in the growth area communities. In growth area communities the density shall not exceed 5 dwelling units per acre.
      (2)   Height. Structures within the Village Center Zoning District may not exceed a maximum height of 30' and no more than 2 stories. In the growth area communities the Planning Commission may grant an increase in height of up to 40' and no more than 3 stories for townhouse, multi-family, transient housing, and commercial development. The Planning Commission may grant an increased height when the specific finding is made that such increased height is:
         (a)   Compatible with the pattern of or relationship to existing development on adjacent or confronting lots; and
         (b)   Conforms to § 1-19-7.500(C).
      (3)   Setbacks. Front, side, and rear setbacks will be determined based upon the average setbacks for structures located on all lots facing and adjacent to the proposed development, but in no event less than the specific minimum setbacks where provided in § 1-19-6.100. Where facing and adjacent lots are vacant, the setbacks shall be based upon the average setbacks of the nearest structures. Accessory and secondary buildings shall not be utilized to determine principal structure setback averages. Accessory structure setbacks shall be determined as provided for in §§ 1-19-4.300 through 1-19-4.300.1 or § 1-19-8.240, as applicable.
         (a)   Where establishing average setbacks within the Village Center Zoning District:
            1.   The Zoning Administrator may approve an increase or decrease in the minimum setback requirements where a specific finding is made that the increase or decrease is consistent with the purpose and intent of the Village Center Zoning District overlay standards in § 1-19-7.500. In making this determination the Zoning Administrator may approve the elimination of an existing setback where the facing or adjacent setback is found to be significantly inconsistent with other existing setbacks within that Village Center Zoning District.
      (4)   Mixed uses. Mixed-use development is encouraged within the Village Center Zoning District, including residential uses on the second or third floors above ground floor commercial uses. Multiple principal structures on a single lot may be permitted within the Village Center Zoning District through the site plan approval process when the Planning Commission specifically finds that the resulting development will provide an improved design that would not otherwise be created on multiple lots. In determining whether to allow development of multiple principal structures on a single lot the Planning Commission shall require:
         (a)   Improved on-site and off-site traffic circulation for vehicles and pedestrians;
         (b)   Building placement that provides for the concentration of service entrances, mechanical equipment, utilities and non-public facilities (i.e. refuse containers or outside storage) away from public access areas;
         (c)   The provision of a common plaza/green area(s) (not including swimming pools or playgrounds) to be provided in addition to all other landscaping and setback requirements. The common plaza/green area(s) shall be calculated at the following rate: 726 square feet common plaza/green area(s) per 2,000 square feet of gross floor area or portion thereof;
         (d)   Joint use or shared parking resulting in a reduction in the number of required off- street parking spaces;
         (e)   A mix of integrated commercial and residential uses;
         (f)   Preservation of a historic structure or historic site where applicable.
   (C)   Design standards.
      (1)   All new development within the Village Center Zoning District shall incorporate the following design standards in addition to all other applicable requirements of the Zoning Ordinance. New development will use existing development as a guide when determining site development, layout, bulk, and form of proposed structures within the Village Center District. New development should be designed and built to reflect existing neighborhood characteristics including shape, height, massing, roof shapes, and door and window placement and proportions.
      (2)   The Planning Commission shall consider these standards in its review of all development within the Village Center Zoning District. The concept plan will allow for review of the proposed development in order to ensure consistency with the intent of the standards and the purpose of the VC district. The Planning Commission may not approve development applications that do not comply with the design standards or other requirements of this section.
      (3)   Site development and layout.
         (a)   Buildings shall be oriented such that the principal face of the building faces the most dominant adjacent public street as determined by the orientation of existing surrounding structures.
         (b)   Multi-story buildings with commercial use(s) on the ground and lower floors and residential uses on the upper floor(s) are encouraged.
         (c)   Garage and service doors for commercial development shall not be oriented to the dominant adjacent public street. Garage and service doors shall be located to the rear and/or side of buildings allowing for the principal face of the building to remain the dominant public street feature.
         (d)   All equipment and supplies shall be stored, maintained, and repaired outside of the front yard area and within completely enclosed buildings. The Planning Commission may approve outdoor display of products at the time of site development plan review.
         (e)   Parking shall be located to the rear and/or side of buildings. Parking lots shall not create long expanses of empty street frontage.
         (f)   Shared parking is strongly encouraged. The Planning Commission may reduce the minimum parking requirements where the applicant can demonstrate the need for fewer parking spaces due to availability of on-street parking, joint parking, community/shared parking as otherwise provided under § 1-19-6.240.
         (g)   Roadside sidewalks shall be provided when sites are developed or redeveloped. Sidewalks linking adjacent parcels along the primary street shall be provided wherever practical.
         (h)   Streets and roadways shall link to existing road networks and follow the established predominant street pattern.
         (i)   Refuse and recycling dumpsters shall be located away from public access areas and may be required to be screened. The most appropriate screening shall be determined at site development plan review with materials reflecting neighborhood characteristics as approved by the Planning Commission.
      (4)   Building massing and bulk.
         (a)   The overall form of proposed buildings, such as height, front and side yard setbacks, roof pitch, and length of building frontage shall be similar to the surrounding buildings in order to maintain a consistent pattern and texture in the built environment.
         (b)   Community or institutional buildings may be granted increased height allowances for architectural features that signify the function or importance of the building to the community.
         (c)   Where abutting a public street, townhouse and multi-family structures shall have a maximum width of three dwelling units.
         (d)   Non-residential buildings shall not exceed a maximum footprint of 5,000 square feet except within the growth area communities where the Planning Commission may grant a maximum non-residential building footprint of up to 8,000 square feet. The Planning Commission may increase the maximum footprint above 8,000 square feet within growth area communities where:
            1.   The increased footprint is compatible with the pattern of or relationship to existing or approved development on adjacent or confronting lots; and
            2.   The proposed building and site design provide a transition between existing structures on adjacent and confronting lots and the proposed development; and
            3.   The proposed development results in preservation and integration of historic resources into the development where applicable; and
            4.   The increased building footprint does not exceed a maximum total of 10,000 square feet; or the increased building footprint is in accordance with county community and corridor plans.
         (e)   The Planning Commission may require changes to building and site design where an increase above 5,000 square feet has been requested, to minimize negative impacts on surrounding properties that may result from the increased footprint. The building and site design changes shall be limited to new construction and may include: location of public access, buffering and screening, landscaping, lighting, outdoor recreation areas, building location and orientation. The Planning Commission must make a specific finding identifying the negative impacts on surrounding properties where changes to building and site design are required.
         (f)   Building designs shall not include flat roofs, large expanses of undifferentiated facades, and long plain wall sections.
   (D)   Procedures - concept. Development requiring site plan review must receive concept approval from the Planning Commission or its authorized representative as the first step in the development review process. The concept must demonstrate the manner in which the Village Center Zoning District design standards have been met by the proposed development. (§ 1-19-3.300.2)
(Ord. 07-27-467, 6-19-2007; Ord. 08-26-502, 10-14-2008; Ord. 10-01-536, 1-19-2010; Ord. 11-06-572, 5-17-2011; Ord. 14-23-678, 11-13-2014)