Frederick adopts 2026 land use code with conditions after downtown residents raise concerns

The Town of Frederick Board of Trustees voted 4-0 on April 1 to adopt Ordinance 14-13, the town's 2026 Land Use Code, amend the official zoning map and incorporate the code into the municipal code as Chapter 16. Trustee Lamach moved the measure and it was seconded; the motion passed with four affirmative votes and no opposition.

The board attached multiple conditions to the adoption: change a Planning Commission recommendation so vocational schools are a permitted use (not conditional) in the HyFlex and LightFlex districts; carry forward technical corrections and typographical fixes through the document before publication; require that administrative approvals be presented to the board biannually for discussion; and direct staff to prepare targeted, zone-by-zone communications that explain specific changes affecting existing residents (particularly downtown). The code is scheduled to become effective June 1, 2026, if published on that timeline.

The code update is the culmination of a multiyear effort that staff said began after adoption of the 2024 comprehensive plan. Adam, planning staff, told trustees the update reorganizes zoning districts, adds mixed-use districts to support walkability, expands permitted housing options, modernizes development review procedures, strengthens design standards and ties land-use approvals more closely to infrastructure planning. He said the Planning Commission voted 5-0 to recommend adoption with conditions.

The meeting included extended public comment from Dana Collier, a downtown resident, who urged trustees to delay final approval and said the draft contains errors and conflicts and that many downtown property owners had not seen the full 480-page draft. 'They have actually told somebody after that planning meeting that the Board of Trustees will be passing this,' Collier said, urging the board to publish the full document and give property owners clearer notice. Collier also flagged map references she said were confusing and noted that the draft no longer permits backyard chickens in downtown.

Adam, planning staff, responded in detail: he said ordinance amendments must be enacted by future ordinance and that planning staff had provided targeted outreach, open houses, social media posts, mailed notices to affected properties and planning-commission hearings. He said the reference to Locust between 4th and Colorado applies to a planned southern alignment of South Locust outside the historic downtown, and that downtown is intentionally exempted from the code's land-use buffer requirement to preserve the smaller-lot, walkable character of the district. On chickens, Adam said the chicken regulations 'have not changed with this code update' and that chickens remain permitted only on single-family lots of at least 5,000 square feet; downtown remains envisioned as a more compact, mixed-use area where new chickens would not be permitted.

Trustees said they supported publishing clearer, targeted notices for residents who would be rezoned or otherwise affected and signaled willingness to review administrative approvals biannually so the board can quickly identify recurring issues. "If there's something glaring that hurts someone in our community, we can act quickly to fix it with another ordinance," one trustee said.

The ordinance, as adopted, incorporates staff's requested technical corrections and the specific conditions voted by the board. Staff said the town will publish the final code and proceed with implementation work, including communications to residents and developers and training for staff and external stakeholders.

Next steps: staff will publish the adopted code and the official zoning map, prepare the administrative development guide as a separate, updateable document, and implement the board's direction on mailings and a biannual administrative review schedule.