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Home My WebLink About058-26 (OrdAmendmentChapter165Zoning(PublicUtilities)) 40 ORDINANCE Action: PLANNING COMMISSION: January 7, 2026 Recommended Approval BOARD OF SUPERVISORS: January 28, 2026 Ado,ted TO AMEND CHAPTER 165 ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS;AND REGULATIONS FOR SPECIFIC USES PART 204 ADDITIONAL REGULATIONS FOR SPECIFIC USES §165-204.26—PUBLIC UTILITIES WHEREAS, a proposal to amend Chapter 165 — Zoning Ordinance to amend definitions and additional regulations for specific uses for public utilities to include performance standards; and WHEREAS,the Development Review and Regulations Committee(DRRC)met and discussed the proposed amendment at their December 11, 2025,regular meeting; and WHEREAS, the Planning Commission held a public hearing on the proposed ordinance amendment on January 7,2026,and recommended approval of the ordinance amendment; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed ordinance amendment on January 28, 2026; 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 to amend definitions and additional regulations for specific uses for public utilities to include performance standards is adopted. Passed this 28th,day of January 2026 by the following recorded vote: John F. Jewell, Chairman Aye Jason C.AikensAye Albert L. Orndorff Aye Robert W. Wells Aye Michael D. Guevremont Aye Robert T. Liero Aye Gary R. Oates Aye A COPY ATTEST Michael L.Bollhoefe Frederick County A inistrator No. 058-26 Chapter 165 -Zoning Ordinance Article I- General Provisions; Amendments; and Conditional Use Permit. Part 101 - General Provisions. §165-101.02 Definitions and word usage. PUBLIC UTILITIES, TRANSMISSION VOLTAGE ELECTRICAL SUBSTATION Electrical substation intended for Ion,-ran,-e delivery of wholesale electrical power with typical volta,-es of 500KV and hi,-her. Such facilities may be owned by public utilities, public agencies, those operators with a certificate of public convenience, or those that are operating under a permit-by-rule (PBR). PUBLIC UTILITIES, DISTRIBUTION VOLTAGE ELECTRICAL SUBSTATION Electrical substation intended for delivery of retail electrical power. Such facilities may be owned by public utilities, public a,-encies, those operators with a certificate of public convenience, or those that are operating under a permit-by-rule (PBR). Article 11- Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204-Additional Regulations for Specific Uses §165-204.26 -Public Utilities 1. Public utilities. Lot requirements for lots used by political subdivisions, municipal corporations, the Virginia Department of Transportation, the Frederick-Winchester Service Authority, and 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. D. If a buffer requirement is imposed by this Chapter, the Zonink Administrator shall have the authority to modify the buffer standard if the adjoining property does not contain residential uses. 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. 3. Transmission TVolta,-e Electrical Substations in the RA (Rural Areas) Zonin'-District. A. A modified Catezory C Type full screen buffer is required around the perimeter of the facility. The followin-enhanced landscapin-and screenin-requirements apply: 1) A minimum 8-foot-tall berm shall be provided 2) Deciduous trees shall be a minimum of one-and-one-half-inch caliper, and a minimum of six feet tall, at the time of planting. 3) Everg-reen trees shall be a minimum of six feet in height at the time of plantinz. 4) Shrubs shall be a minimum of*36 inches in height at time ofplanting. 5) All other landscaping requirements, not modified above and contained in V 65-203.01 shall apply. 4. Distribution Volta,-e Electrical Substation in the RA (Rural Areas) Zonin'-District. A. A Cate,-ory B Type full screen buffer, satisfyin'-requirements contained in .$165-203.02(D), is required around the perimeter of the facility, a. Chain-link fencin-with slats, with a privacy factor of 90% or -rester, may be utilized to satisfy the opaque fence requirements b. Chain-link fencin,-with slats shall consist of double-walled win,-ed slats, or equivalent if approved by the Zonin'- Administrator. c. Chain-link fenein-with slats shall only utilize the followin'- colors: dark -reen, brown, black, or tan. The use of wood slats or plastic slats without interlockin-win,-s and double walls shall be prohibited ZONING ORDINANCE TEXT AMENDMENT Public Utilities—Transmission and Distribution Facilities Staff Report for the Planning Commission Prepared: January 13,2026 Staff Contact: M. Tyler Klein,AICP, Senior Planner Executive Summarv: Meeting Schedule Development Review and Regulations Action: None Committee: December 11, 2025 Planning Commission: January 7, 2026 Action: Recommended approval with revisions Board of Supervisors: January 28, 2026 Action: Pending Proposal This is aproposal to amend Chapter 165 -Zoning Ordinance to modify definitions and performance standards for"Public Utilities." Current Standard Public Utilities—Transmission and Distribution Facilities are currently allowed as a permitted use in the RA Zoning District(§165-401.02(Q)) and all other zoning districts by-right. The use allowances for" "Public Utilities"was last modified in 2025 in conjunction with the data center ordinance amendment. "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. The "Additional Regulations for Specific Uses"was last amended in 2020 to specify requirements for"utility-scale solar power generating facilities." Prior to that,the section was last amended in 2020 and 2011 respectively. Planning & Zoning Staff Analysis: The Planning Commission, at their November 5, 2025, meeting, made a motion to request the Board of Supervisors direct staff to develop a draft ordinance addressing electrical substations in the County. 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.Additionally, staff were directed to evaluate if a conditional use permit(CUP) should be required for the rural areas. Page 2 of 5 The Board of Supervisors discussed this ordinance amendment at their November 12, 2025, meeting and made a motion to direct staff to take the ordinance amendment forward for further study and to authorize staff to hold public hearings. In their discussion the Board expressed support for including additional regulations in the ordinance but did not provide consensus on requiring a conditional use permit. Public facilities, such as electrical substations, also require Planning Commission approval of the proposed facility and site being in conformance with the Comprehensive Plan (2021) following a public hearing. Specifically, this process determines if the general or approximate location, character and extent are in substantial accord with the Frederick County Comprehensive Plan. If the Planning Commission finds a proposal to be inconsistent with adopted Plan policy,they could deny the request for a 2232 review. The 2232 process gives the Planning Commission limited control over siting and performance standards, outside of a conditional use permit process, as it is primarily evaluating consistency with the Comprehensive Plan. As presented to the Planning Commission on January 7, the ordinance amendment as drafted by staff did not include a proposal to modify the use allowance from a by-right use to a conditional use (requiring a conditional use permit). In their motion to send the item forward to the Board of Supervisors for approval, the Planning Commission further recommended "Public Utilities — Transmission Voltage Electrical Substations" be amended to a conditional use. The other newly defined use, "Public Utilities — Distribution Voltage Electrical Substations" would remain a by- right(allowed)use. Making the change to the use permissions for the RA Zoning District, if desired by the Board in concurrence with the recommendation from the Planning Commission, is a simple change and could be included in a motion if so desired. Other Jurisdictions: Staff reviewed the regulations for substations in other Virginia localities. Most other jurisdictions require a"special exception" i.e. a conditional use permit) or similar public process for electrical substations on properties primarily zoned for agricultural/residential uses in addition to the state code required 2232 review. Additionally, most if not all the other localities that reviewed include performance standards to regulate setbacks, screenings, landscaping, and other elements of site design. Typical performance standards included minimum setbacks (varying from 50-feet to 100- FT from residential uses), screening required(varying from 8-FT to 12-FT tall wall or fence), and buffers (with planting sizes of 6-FT tall trees and 42-48-inch-tall shrubs). It is important to note that species for plantings need to be considered carefully as many typical screening trees can grow to mature heights that would be incompatible with overhead utility lines. Additionally, some localities require co-location studies and/or environmental noise impact assessments when considering electrical substation citing. A cross comparison of other Virginia localities is included as an attachment to this report. Page 5 of 5 Meeting Summary& Requested Action: This item was reviewed by the Development Review and Regulations Committee (DRRC) on December 11, 2025. The committee generally supported the proposed changes to differentiate between "types" of substations and include enhanced buffer requirements for siting. The DRRC noted in their discussion they did not support modifying the use permissions in the RA zoning district to require a conditional use permit (CUP) for "Public Utilities — Transmission and Distribution Facilities." Following DRRC discussion, staff also sought input from public utility (electric) providers for feedback. The Planning Commission held a public hearing on January 7, 2026. Four (4) members of the public spoke in regard to the proposed ordinance amendment and stated their support for the proposed changes but to further require a CUP for the regional/wholesale type facilities ("Transmission Voltage Electrical Substations"). The primary discussion among the Planning Commission was requiring a CUP for "Transmission Voltage Electrical Substations," and the merits of such a change including opportunity for public input through the conditional use permit process and conditioning such facilities with standards in excess of what the zoning ordinance would otherwise require. The Planning Commission recommended approval of the proposed amendment with the use permission for"Public Utilities—Transmission Voltage Electrical Substations"be further amended to a conditional use (Commissioner Thomas—No). This ordinance amendment to add definitions and"Additional Regulations for Specific Uses" for "Public Utilities" in the RA Zoning District is presented to the Board of Supervisors for Public Hearing. Questions regarding the proposal should be directed to the Planning and Development department staff. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this ordinance amendment E O E E - - \ Q — 7. cu r E E E - - E - cu cu • E E E E ~ N E cu cu - EE5L 2E — E — C5: cl E. ?. ECD o - 76 � E U - E VD d E o � E o � � d d