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023-24 (ProposedOrdAmendment(Chapter165Zoning(DataCenters)) RESOLUTION Action.: BOARD OF SUPERVISORS: September 25,2024 Adopted DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165,ZONING ORDINANCE ARTICLE I GENERAL PROVISIONS; AMENDMENTS; AND CONDITIONAL USE PERMITS PART 101 —GENERAL PROVISIONS §165-101.02.DEFINITIONS AND WORK USAGE. ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND REGULATIONS FOR SPECIFIC USES PART 204—ADDITIONAL REGULATIONS FOR SPECIFIC USES WHEREAS, a proposal to amend Chapter 165 -- Zoning Ordinance to add a definition for data centers and to provide additional regulations for specific uses to regulate data centers was considered; and WHEREAS,the amendment will be referred to the Development Review and Regulations Committee(DRRC) for review at their next regular meeting; and WHEREAS,the Board of Supervisors discussed the proposed changes on September 25,2024; and WHEREAS,the Frederick County Board of Supervisors finds it appropriate in public necessity,convenience, general welfare,and good zoning practice to direct the Frederick County Planning Commission to hold a public hearing regarding an amendment to Chapter 165; NOW, THEREFORE, BE IT REQUESTED by the Frederick County Board of Supervisors, that in the interest of public health, safety, general welfare, and good zoning practice, the Frederick County Planning Commission hold a public hearing to consider changes to Chapter 165-101.02 (definitions and word usage) and Chapter 165-204 (additional regulations for specific uses)to define and regulate data centers. Passed this September 25, 2024, by the following recorded vote: Josh E. Ludwig, Chairman Aye John F. Jewell Aye Heather H. Lockridge Aye Robert W. Wells Aye Blaine P. Dunn Aye Judith McCann-Slaughter Aye Robert T. Liero Aye A COPY ATTEST Michael L. Bollhoefer Frederick County Admii strator Res. No. 023-24 •r COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Board of Supervisors FROM: M. Tyler Klein,AICP, Senior Planner SUBJECT: Ordinance Amendment—Data Centers DATE: September 17,2024 Proposal: This is a proposal to amend the Chapter 165 -Zoning Ordinance to add a definition(§165-101.02) for data centers and additional regulations for specific uses (§165-204). As proposed, data centers are defined as: "a premises in which the majority of the use is occupied by computers and/or telecommunications and related equipment for processing, storing, or transferring information. Infrastructure such as utility substations, power generators, and other supporting equipment may also be included." Additional regulations for specific uses include requirements for data center facilities to be connected to public utilities, a limit on hours of when generator testing and cycling may be performed, setback requirements and screening for mechanical equipment,perimeter landscaping and screening standards,and noise attenuation and noise monitoring. This ordinance amendment was initiated by staff at the request of the Board of Supervisors. Current Standard: Data centers are presently permitted as a by-right use in the B3 (Industrial Transition), TM(Technology- Manufacturing Park), M1 (Light Industrial) & M2 (Industrial General) Zoning Districts. There are no additional regulations currently adopted for data centers. Requested Action: Staff is seeking a recommendation from the Board of Supervisors for referral of the proposed ordinance amendment to the Development Review and Regulations Committee (DRRC) for further discussion and the authorization to schedule public hearings for the Planning Commission and Board of Supervisors. MTK/pd Attachment: 1. Draft Ordinance Amendment Proposed Changes—Data Centers Revised September 17,2024 Chapter 165—Zoning Ordinance ARTICLE I General Provisions;Amendments;And Conditional Use Permits Part 101 General Provisions .6165-101.02. Data Centers. A premises in which the maiority of the use is occupied by computers andlor telecommunications and related equipment for processing, storing, or transferring information. Infrastructure such as utility substations,power generators, and other supporting equipment may also be included. ARTICLE 11 Supplementary Use Regulations;Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses .6165-204.42. Data Centers. All data centers must meet the following requirements: A. Data Centers shall be connected to public water. B. Generator testing and cycling shall be limited to weekdays(Monday to Friday) between the hours of 8:00 a.in. to 5:00 p.m. C. Mechanical Equipment. a. Location. Ground mounted mechanical equipment shall be prohibited in the front yard setback and must be set back from adiacent properties primarily used as a residence a minimum of 200 feet. Ground mounted mechanical equipment shall be setback a minimum of 150 feet from all other uses. b. Screening. Ground mounted and roof top mechanical equipment shall be screened from roadways and adioining properties on all sides with an opaque screen. A minimum six(6) foot tall opaque screen shall be provided by either the principal building, evergreen landscaping, an opaque fence, an earthen berm, or parapet walls. D. Screening Requirements. A category C full screen type buffer shall be provided around the Perimeter of the property. E. Noise and Noise Monitoring. The applicant shall submit a sound test prepared by a qualified full member of the Acoustical Society ofAmerica(ASA), a Board-Certified member of the Institute of Noise Control Engineering(INCE), or other credentialed professional as approved by the Zoning Administrator. The purpose of such testing shall confirm noise levels after completion of construction and prior to the issuance of the Certificate of Occupancy at the facility. The Nuisance requirements in 6165-201.12 shall apply to all Data Centers regardless of the zoning district. Any additions, alterations, or expansion of a facility or its equipment shall require a new sound test to be submitted and approved by the Zoning Administrator.