HomeMy WebLinkAbout050-25 (ProposedOrdAmendmentChapter165Zoning(PublicUtilitiesTransmisn&Distributn)) 00�_
RESOLUTION
Action:
BOARD OF SUPERVISORS: November 12, 2025 Adopted
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING
REGARDING CHAPTER 118,NOISE AND CHAPTER 165,ZONING ORDINANCE
ARTICLE II
SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS;AND REGULATIONS FOR
SPECIFIC USES
PART 204
ADDITIONAL REGULATIONS FOR SPECIFIC USES
§165-204.26—PUBLIC UTILITIES
ARTICLE IV
AGRICULTURAL AND RESIDENTIAL DISTRICTS
PART 401
RA RURAL AREAS DISTRICT
§165-401.02—PERMITTED USES
§165-401.03—CONDITIONAL USES
WHEREAS, a proposal to amend Chapter 165 — Zoning Ordinance to further evaluate modifying the use
permissions for "Public Utilities — Transmission and Distribution Facilities" in the RA (Rural Areas) Zoning
District to a "conditional use" requiring a conditional use permit (CUP) and/or to consider adding "Additional
Regulations for Specific Uses"(i.e. performance standards)for"Public Utilities"; 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 November 12, 2025; 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 for public utilities—transmission and
distribution facilities in the RA Zoning District.
No. 050-25
Passed this November 12, 2025,by the following recorded vote:
John Jewell,Chairman Aye Jason Aikens Aye
Back Creek Seat Vacant Robert W.Wells Aye
Blaine P.Dunn Aye Robert Liero Aye
Judith McCann-Slaughter Aye
A COPY ATTEST
Michael L. Bollhoefe
Frederick County Administrator
No. 050-25
1 V
COUNTY of FREDERICK
w
w B ® Department of Planning and Development
540/ 665-5651
158 Fax: 540/665-6395
MEMORANDUM
TO: Board of Supervisors
FROM: Planning and Development Staff
SUBJECT: Ordinance Amendment—Public Utilities—Transmission and Distribution Facilities
DATE: November 6,2025
Proposal:
This is a proposal to amend Chapter 165 - Zoning Ordinance to further evaluate modifying the use
permissions for "Public Utilities — Transmission and Distribution Facilities" in the RA (Rural Areas)
Zoning District to a"conditional use" requiring a conditional use permit(CUP) and/or to consider adding
"Additional Regulations for Specific Uses"(i.e.performance standards)for"Public Utilities."
The Planning Commission, at their November 5t1i meeting, made a motion to direct staff to take this
proposed ordinance amendment to the Board of Supervisors for consideration. In their discussion, the
Planning Commission directed staff to consider performance standards that could include enhanced buffer
and screening requirements for substations, including an earthen berm and/or other screening, increased
setbacks, siting requirements near existing transmission lines, and prohibiting siting where adjoining
residential uses.
Current Standard:
Public Utilities—Transmission and Distribution Facilities are currently allowed as a permitted use in the
RA Zoning District(§165401.02(Q)).
"Additional Regulations for Specific Uses"contained in §165-204.26 for Public Utilities allow the Zoning
Administrator the authority to determine minimum lot size and appropriate setbacks.
Summary& Requested Action:
This item is presented for information and discussion. Staff is seeking direction from the Board of
Supervisors on the appropriateness of this request.Following a discussion,staff is seeking consensus from
the Board to move forward with this amendment and to authorize staff to hold public hearings(TBD).
MTK/pd
Attachment: 1. §165-204.26—Public Utilities(current ordinance)
2. Resolution
Frederick County,VA
§ 165-204.26. Public utilities. [Added 9-14-2011; amended 1-8-2020]
1. Public utilities. Lot requirements for lots used by political subdivisions, municipal
corporations, the Virginia Department of Transportation, the Frederick-Winchester Service
Authority, or the Frederick Water for public utility purposes shall be as follows:
A. In all zoning districts, the Zoning Administrator shall have the authority to determine
the minimum lot size necessary for such public utilities and the appropriate setbacks for
such lots used for public utility purposes.
B. Such lots shall be exempt from the individual on-site sewage disposal system
requirements.
C. Such lots may be accessed by private access easements; any such easement shall be a
minimum of 15 feet in width.
2. Utility-scale solar power generating facilities.
A. Any owner, lessee, or developer of real property for the purposes of solar power energy
generation shall enter into a written agreement, prior to site plan approval, with
Frederick County to decommission solar energy equipment, facilities, or devices
pursuant to the terms and conditions of§ 15.2-2241.2(B) of the Code of Virginia.
B. For utility-scale solar power generating facilities a site plan, in accordance with Article
VIII, shall be submitted to and approved by Frederick County,prior to the establishment
of the use.
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