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Home My WebLink About056-25 (OrdAmendmentChapter165Zoning(DataCenters&PowerGenFacilities)) fQ" -.. ORDINANCE .aw Action: PLANNING COMMISSION: February 19, 2025 Approved BOARD OF SUPERVISORS: March 12, 2025 Tabled to 4/9/25 March 26, 2025 No Action April 9, 2025 Adated TO AMEND CHAPTER 165 - ZONING ARTICLE I General Provisions; Amendments; and Conditional Use Permits; Part 101 —General Provisions; §165-101.02 Definitions and word usage ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses; Part 201 —Supplementary Use Regulations; §165-201.12 Nuisances; Part 204—Additional Regulations for Specific Uses §165-204.28—Height Waivers in EM (Extractive Manufacturing),M1 (Light Industrial) and M2 (Industrial General)Districts. ARTICLE IV Agricultural and Residential Districts; Part 401 —RA Rural Areas District; §165-401.02 Permitted Uses; §165-401.03 Conditional uses ARTICLE VI Business and Industrial Zoning Districts; Part 604—B3 Industrial Transition District; §165-604.02 Allowed Uses; §165-604.03 Conditional Uses; Part 605—TM Technology Manufacturing Park District §165-605.02 Permitted Uses; Part 606—MI Light Industrial District; §165-606.02 Allowed Uses; §165-606.03 Conditional Uses; Part 607—M2 Industrial General District; §165-607.02 Allowed Uses; §165-607.03 Conditional Uses WHEREAS, a proposal was presented to amend Chapter 165—Zoning Ordinance to add a definition for data centers, to include additional regulations for specific uses for data centers, and to define power generating facilities and specify what districts they are permitted in; and WHEREAS, the Development Review and Regulations Committee discussed the proposed amendment at their October 24, 2024, regular meeting and sent the amendment forward with no comments; and WHEREAS, the Planning Commission held a public hearing on the proposed ordinance amendment on February 19, 2025, and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment on March 12, 2025, and tabled discussion and directed staff to hold a public hearing on April 9, 2025; WHEREAS, the Frederick County Board of Supervisors held a public meeting on this proposed ordinance amendment on March 26, 2025, and took no action; WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment on April 9, 2025, and recommended approval; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that in the interest of public health, safety, general welfare, and good zoning practice, the amendment to Chapter 165 —Zoning Ordinance for data centers and power generating facilities; is adopted. Passed this April 9, 2025, 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 Administrator No. 056-25 1 V COUNTY of FREDERICK w w B ® Department of Planning and Development 540/ 665-5651 158 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein,AICP, Senior Planner SUBJECT: Ordinance Amendment—Data Centers,Public Utilities,Nuisances,&Height Waivers DATE: Apri12,2025 Update: Following the Board of Supervisors discussion on March 26'1i, staff has continued to refine the draft ordinance amendment (revision date March 27, 2025) and has specifically amended the noise and noise monitoring subsection (E) to reflect comments and recommendations from an acoustic consultant/noise engineer. Proposal: This is a proposal to amend Chapter 165 - Zoning Ordinance to add a definition (§165-101.02) for data centers and include 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 have been included to regulate the intensity of the use and to the extent possible mitigate impacts. Additional regulations include site assessment requirements prior to legislative action, increased building setbacks from adjoining residentially zoned lots, screening requirements (perimeter screening and screening of mechanical equipment), hours of operation for generator testing and cycling, and assessing noise impacts and noise monitoring. As a result of previous discussions, data centers are also now proposed as a conditional use (requiring approval of a CUP) in the B3, MI and M2 Zoning District. Data centers would continue to be an allowed use in the TM Zoning District. A number of clarifying minor text amendments to other sections of the Zoning Ordinance have also been proposed to fully address data centers and associated uses (for example, distinguishing between power generating facilities,transmission and distribution infrastructure for public utilities),nuisances(noise),and height waivers. This ordinance amendment was initiated by staff at the request of the Board of Supervisors. Data centers are identified by the Economic Development Authority(EDA) as a targeted industry. Current Standard: Data centers are presently permitted as a by-right use in the B3 (Industrial Transition), TM(Technology- Manufacturing Park), M1 (Light Industrial) and M2 (Industrial General) Zoning Districts. There are no additional regulations currently pted to regulate the siting or operation of data centers. "Public Utilities,"as defined in the ordinance (§165-101.02)is inclusive of"power generating facilities" Page 2 and/or"transmission/distribution."Public utilities are allowed in most zoning districts unrestricted with flexible setback requirements as deemed appropriate by the zoning administrator. Meeting Summary& Requested Action: The Planning Commission held a public hearing on February 19,2025.There were no public speakers.The primary discussion was noise, and the Commission consensus was that the regulations proposed would mitigate noise impacting adjoining residences. One (1)Commissioner raised concern with the potential for battery storage, accessory to data centers, and the impact to Fire and Rescue Services. The Planning Commission recommended approval of the proposed ordinance amendments(Commissioner Brannon—no; Commissioner Kerns—absent). Following the Planning Commission discussion,staffconsulted with the Fire Marshal and Building Official regarding battery storage regulations and fire response. Those updates were provided to the Planning Commission and Board in separate correspondence. The Board of Supervisors held a public hearing on March 12, 2025. Five (5)members of the public spoke on the proposed amendment and expressed concern about data center development without adequate regulations to address impacts. The primary discussion among the Board was if noise was properly mitigated and what the maximum decibel level should be, increasing the required setbacks from adjoining residential districts, and requiring data centers as a conditional use in certain districts. Following Board consensus on additional items to be studied,staff was directed to make any changes to the draft amendment and report back to the Board on March 26'with a revised proposal.A second public hearing was to be held on April 9'. On March 26, 2025 the Board of Supervisors were presented with updated ordinance text to address previous stated comments. The primary discussion on the 26'was noise and noise monitoring.An outside acoustic consultant/noise engineer presented and took questions from the Board.No action was taken. Staff is seeking a decision by the Board of Supervisors on this proposed ordinance amendment. Questions regarding the proposal may be provided to staff. MTK/pd Attachments: 1. Proposed Changes—Data Centers(revised March 27,2025) 2. Proposed Changes—Public Utilities,Nuisances&Height Waivers(revised March 27,2025) 3. Setback Comparison Table 4.Resolution Proposed Changes-Data Centers Revised March 27,2025 Chapter 165 -Zoning Ordinance ARTICLE I General Provisions;Amendments;And Conditional Use Permits Part 101 General Provisions 065-101.02. Data Centers. Apremises in which the maiority 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 11 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. Prior to the approval of a rezoning application or conditional use permit the following shall be provided: (1) A site assessment to examine the sound profile of the data center on residential units and schools located within 500 feet of the data center Property boundary in accordance with subsection E. (2) A site assessment evaluating the effect of the proposed facility on(i)ground and surface water resources, (ii) agricultural resources, (iii)parks, (iv) registered historic sites, and(v) forestland on the data center site or immediately contiguous land. (3) Details of any new or existing substations that will be used to serve the data center and(ii) the anticipated transmission voltage required to serve the data center. 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. Notwithstanding the foregoing, all noise generated by anv on-site generator shall comply with County Code V 65-201.12. C. Mechanical Equipment. (1) Location. Ground mounted mechanical equipment shall be prohibited in the primary setback (2) Screening. Ground mounted and roof top mechanical equipment shall be screened from Public roadways and adioining properties on all sides. a. Generators.All generators shall be enclosed with a manufacturer approved enclosure or located within the Primary structure. b. Other Mechanical Equipment.An opaque screen shall be Provided by either the principal building, louvered wall, or equivalent screen approved by the Zoning Administrator. The maximum height of the opaque screen should correspond to the tallest piece of equipment being shielded from view. Proposed Changes—Data Centers Revised March 27,2025 D. Setback&Screening Requirements. (1) Structures must be set back at least 200 feet from the common property line when adioining land is zoned RA,RP,R4,R5&MHI. Otherwise, the base zoning district dimensional standards shall apply. (2) A category C full screen type buffer shall be provided around the perimeter of the Property. If the adioining property is zoned B3, TM,M1, or M2, no buffer is required. E. Noise and Noise Monitoring. (1) The applicant shall submit an Environmental Noise Impact Assessment prepared by a qualified full member of the Acoustical Society ofAmerica(ASA),a member of the Institute of Noise Control Engineering (INCE), or a member of the National Association of Acoustical Consultants (NCAC). The purpose of such noise impact assessment, modeled in SoundPLAN, CadnaA, or accepted equivalent, shall model anticipated noise levels as a result of facility operation and establish a baseline noise level prior to approval of a rezoning or conditional use permit. (2) A noise study certifying noise levels shall be conducted 12-months after the issuance of the first Certificate of Occupancy (CO) and every five (5) years thereafter. Each noise study shall be submitted for review to the Zoning Administrator and/or his/her designee to assess the actual impact of the completed proiect. a. The measurement of sound or noise pursuant to this section shall be as follows: 1. The measurement of sound or noise shall be made with a Type 1 or Type 2 sound level meter which meet the standards prescribed in ANSI SI.4:2014, "Specification for Sound Level Meters." The instruments shall be maintained in calibration and good working order.A minimum of three (3) sound level readings shall be taken. The average of these readings will be used as the average sound level. If the background noise is equal to the levels set forth in this section, three (3) dB shall be subtracted out of the average sound level. 2. The slow meter response of the sound level meter shall be used to determine that the average amplitude has not exceeded the dBA readings or the limiting noise spectra set forth in this section. 3. Unless otherwise specified, the measurement shall be taken at the Property boundary on which such noise is generated. b. Any additions, alterations, or expansion of a facility or its equipment shall require a new noise impact assessment to be submitted and approved bV the Zoning Administrator. c. If the post construction noise study exceeds the maximum noise level permitted, additional noise mitigation strategies, improvements, or operational changes shall be required. (3) Any equipment necessary for cooling,ventilating,or otherwise operating the facility, including power generators or other power supply equipment on the Property, whether ground-mounted or roof-mounted, shall include the following noise mitigation elements: a. Low noise emission fans. b. Acoustic wraps for compressors and oil separators; and Proposed Changes—Data Centers Revised March 27,2025 c. An acoustic perimeter, which may include a perimeter around a group of individual chillers, which may be louvered or solid. d. Other sound attenuation measures as approved by the Zoning Administrator. The Owner shall provide documentation, in the form of technical specifications, photographs, and✓or engineered plans, of the above mitigation measures contained in (2) with each building permit for a data center building on the Property and shall further Provide documentation that such measures have been installed concurrently with each occupancy. Article VI Business and Industrial Zoning Districts Part 604 B3 Industrial Transition District §165-604.02 Allowed Uses. §165-604.03 Conditional Uses. Computing Infrastructure Providers,Data Processing, and Data Centers Part 606 M1 Light Industrial District §165-606.02 Allowed Uses. §165-606.03 Conditional Uses. Computing Infrastructure Providers,Data Processing, and Data Centers Part 607 M2 Industrial General District §165-607.02 Allowed Uses. §165-607.03 Conditional Uses. Computing Infrastructure Providers,Data Processing, and Data Centers Proposed Changes—Noise,Height,Power Generating Facilities Revised March 27,2025 Chapter 165 —Zoning Ordinance ARTICLE I General Provisions;Amendments;And Conditional Use Permits Part 101 General Provisions §165-101.02 Definitions and word usage. P41ie T4;46-e Power- gener-atiiig f4eilities, booster- or-relay sta4iens, 4ansf9r-mer-s4st viission lines Public Utilities, Power Generation Facilities Generation of power via coal, natural mas, solar, wind, nuclear, biomass, hydroelectric or other methods Such facilities may be owned by public utilities, public azencies, those operators with a certificate ofpublic convenience, or those that are operation under a permit- by-rule (PBR). Public Utilities, Transmission and Distribution Facilities Booster or relay stations, transformer substations, transmission lines and towers, pipes, meters and other facilities, and sewer and water treatment facilities, includinz sewer and water transmissions lines. Such facilities may be owned by public utilities, public amencies, those operators with a certificate ofpublic convenience, or those that are operation under a permit- by-rule (PBR). ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 201 Supplementary Use Regulations §165-201.12 Nuisances. H. Noise. In the B3 Industrial Transition, TM Technology-Manufacturing Park, Ml Light Industrial or M2 Industrial General Zoning District, sound levels at the Property line of a development shall not exceed 7-5 70 dba(A scale). Proposed Changes—Noise,Height,Power Generating Facilities Revised March 27,2025 Part 204 Additional Regulations for Specific Uses §165-204.28 Height Waivers in B3 (Industrial Transition), TM(Technolow-Manufacturing Park), EM (Extractive Manufacturing), M1 (Light Industrial) and M2 (Industrial General) Districts. Waiver requests for height increases in the B3, TM, EM, M1 and M2 Zoning Districts shall adhere to the following requirements: A.Architectural renderings of the proposed structure shall be submitted for review by the Planning Commission and the Board of Supervisors. B. The Board of Supervisors may require buffer and screening elements and/or additional distance when deemed necessary to protect existing adjacent uses. C. The Board of Supervisors may require additional conditions as deemed necessary. D. This waiver shall not be permitted to increase the height of any signage regulated by § 165-201.06. E. The Planning Commission and the Board of Supervisors shall hold a public hearing for any height waiver request. ARTICLE IV Agricultural and Residential Districts Part 401 RA Rural Areas District §165-401.02 Permitted Uses. Q. Public Utilities, f,.,. es. Transmission and Distribution Facilities. §165-401.03 Conditional Uses. CC. Public Utilities,Power Generalinz Facilities. Utility s ale s^'ar powe. Facilities GG. Utility-scale solar power zeneratinz facilities. ARTICLE VI Business and Industrial Zoning Districts Part 604 B3 Industrial Transition District §165-604.02 Allowed uses. Public Utilities,includinz power zeneratinz facilities Proposed Changes—Noise,Height,Power Generating Facilities Revised March 27,2025 Part 605 TM Technology-Manufacturing Park District §165-605.02 Pefmit4ed Allowed,uses. Public Utilities, includinz power zeneratin-facilities Part 606 M1 Light Industrial District §165-606.02 Allowed uses. Public Utilities, includinz power zeneratin-facilities Part 607 M2 Industrial General District §165-607.02 Allowed uses. 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