DRRCAgenda2024October241.Zoning Ordinance Text Amendment Proposals
1.A.Data Centers
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).
This proposed amendment was initiated by staff at the direction of the Board of
Supervisors.
1.B.Special Event Facilities
This proposal is to modify the hard surface requirement for parking areas and travel
aisles for special event facilities in the RA (Rural Areas) Zoning District with an
approved conditional use permit (CUP).
This proposed amendment was initiated by staff at the direction of the Board of
Supervisors.
AGENDA
DEVELOPMENT REVIEW AND REGULATIONS COMMITTEE
THURSDAY, OCTOBER 24, 2024
4:00 PM
FIRST-FLOOR CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VIRGINIA
DRRC10-24-24OA_DataCenters.pdf
DRRC10-24-24OA_SpecialEventFacilities.pdf
1
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: October 24, 2024
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Data Centers
Attachments:
DRRC10-24-24OA_DataCenters.pdf
2
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee
FROM: M. Tyler Klein, AICP, Senior Planner
SUBJECT: Ordinance Amendment – Data Centers
DATE: October 16, 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.
Summary & Requested Action:
The Board of Supervisors discussed this item on September 25, 2024, and recommended it go forward to
the committee for additional discussion and authorized scheduling for public hearing (TBD). In their
discussion, the primary concern among the Board of Supervisors was water usage and noise attenuation.
Staff are seeking a recommendation from the Development Review and Regulations Committee (DRRC)
to provide to the Planning Commission and Board of Supervisors.
Questions regarding the proposed amendment should be directed at staff.
MTK/pd
Attachment: 1. Draft Ordinance Amendment
3
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
§165-101.02. Data Centers. 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.
ARTICLE II
Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses
Part 204
Additional Regulations for Specific Uses
§165-204.41. 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.m. 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 adjacent 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 adjoining 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 of America (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 §165-201.12 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.
4
Development Review and Regulations Committee
Agenda Item Detail
Meeting Date: October 24, 2024
Agenda Section: Zoning Ordinance Text Amendment Proposals
Title: Special Event Facilities
Attachments:
DRRC10-24-24OA_SpecialEventFacilities.pdf
5
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
Fax: 540/ 665-6395
MEMORANDUM
TO: Development Review and Regulations Committee
FROM: Amy Feltner, Planner
SUBJECT: Ordinance Amendment – Special Event Facilities
DATE: October 16, 2024
Proposal:
This is a proposal to modify the surface material of the required parking areas associated with a special
event facility. The amendment would remove the requirement that all parking and travel aisles for special
event facilities be gravel.
The proposed amendments to the ordinance were initiated by staff at the request of the Board of Supervisors.
Special Events Facility §165-204.30
Special event facilities are permitted in the RA (Rural Area) with an approved Conditional Use Permit
(CUP). The intent for this modification is to permit the dual use of pasture and meadows for parking for
the events without requiring an undue burden on the property owner to gravel such surfaces that are
infrequently used for parking. All other approved businesses or business activity operated on the property
that are not directly the special event use shall meet the requirements for off-street parking and parking lots.
Summary & Requested Action:
The Board of Supervisors discussed this item on September 11, 2024, and recommended it to go forward
to the committee for additional discussion and authorized scheduling for public hearing (TBD).
The primary discussion by the Board of Supervisors was whether the requirements would apply, in general,
to all special event facilities, whether the universal requirement would initiate abuse, or whether it would
be examined on a case-by-case basis. The amendment would be applied universally, however, controlling
abuse and applying the ordinance on a case-by-case basis would be controlled at the Conditional Use Permit
process, as well as the Board of Supervisors authority to require additional surface materials if warranted.
It was also mentioned that the Frederick County Fairgrounds had grass parking.
The Staff is seeking comments from the Development Review and Regulations Committee (DRRC) to
provide to the Planning Commission and the Board of Supervisors.
Questions regarding the proposed amendment should be directed at staff.
ALF/pd
Attachments: 1. Draft Ordinance Amendment
6
Revised October 3, 2024
§ 165-204.30. Special event facilities. [Added 5-24-2017]
Special events facilities, where allowed in the RA (Rural Areas) District, shall be subject to the
following requirements:
A.An illustrative sketch plan in accordance with the requirements of Article VIII shall be
submitted with the conditional use permit application. This plan shall identify access for the
facility, the location of all parking areas, the location and square footage for all structure(s)
to be used, and the location of sewage disposal facilities.
B.All structures associated with a special events facility shall require a review and approval by
the Building Official. [Amended 12-11-2019]
C.Adequate area for off-street parking on stable ground shall be provided for the special events
center. Parking areas shall be maintained regularly, free of mud, and stabilized with
vegetation. Tracking of mud and debris onto roadways is not permitted. Parking related to
or required for other approved businesses or business activity on the property shall meet the
requirements of §165-202.01 for off-street parking and parking lots. At no time shall the
parking of vehicles obstruct vehicular traffic or impede access to emergency services.
Accessible Parking shall be provided as required by the Virginia Unform Statewide Building
Code. All parking spaces and travel aisles shall be graveled. The Board of Supervisors may
require through the conditional use permit process that all travel aisles and/or parking spaces
be graveled, paved with a minimum double prime and seal, or alternative dust-free surface.
Additional requirements may be required as determined by the Frederick County Fire Marshal
to maintain fire department apparatus access.
D.Portable toilets shall be permitted for special event facilities, provided that they are screened
from all adjoining properties and roads by topography, structures or new or existing
landscaping.
E.Special events facilities that share a private access easement with another property owner/s
must show the easement allows a use of this type or written permission must be obtained by
the sharing parties.
7