HomeMy WebLinkAbout075-26 (ProposedOrdAmendmentChapter165Zoning(BatteryEnergyStorageSystems)) 00 RESOLUTION
Action:
BOARD OF SUPERVISORS: March 25,2026 Approved
DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING
CHAPTER 165,ZONING ORDINANCE
CHAPTER 165
ZONING ORDINANCE
ARTICLE II SUPPLEMENTARY USE REGULATIONS; PARKING; BUFFERS; AND
REGULATIONS FOR SPECIFIC USES
ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS
ARTICLE VI BUSINESS AND INDUSTRIAL ZONING DISTRICTS
WHEREAS,a proposal was received to amend Chapter 165—Zoning Ordinance to allow Battery Energy Storage
Systems with a Conditional Use Permit in the Industrial zoning districts and the Rural Areas zoning district, and
to establish additional regulations for the specific use; and
WHEREAS, the proposed 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 March 25,2026; 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 Article II, IV, and VI to allow for
Battery Energy Storage Systems with a Conditional Use Permit and additional regulations for the use.
Passed this March 25, 2026, by the following recorded vote:
John F. Jewell, Chairman Aye Jason C.Aikens Aye
Albert L. Orndorff Aye Robert W.Wells Aye
Michael D. Guevremont Aye Robert T. Liero Aye
Gary R. Oates Aye
A COPY ATTEST
Michael Bollhoefer
Frederick County Ad mistrator
No. 075-26
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
7 Fax: 540/665-6395
MEMORANDUM
TO: Board of Supervisors
FROM: Wyatt Pearson,AICP,Director of Planning and Development
SUBJECT: Ordinance Amendment—Battery Energy Storage System
DATE: March 17,2026
Proposal:
This is a proposal to amend Chapter 165-Zoning Ordinance to allow Battery Energy Storage Systems with
a Conditional Use Permit in the Industrial Zoning Districts and the Rural Areas (RA) Zoning District.
Additionally, to establish additional regulations for specific use. A potential definition for this use is as
follows: "Battery energy storage system means one or more devices, individually or assembled together,
capable of collecting and storing energy to distribute electricity at a future time, provided the storage
system is a primary use on the property."
This ordinance amendment was requested by a Developer's Representative seeking to establish a Battery
Energy Storage System as a use in the Rural Areas(RA)Zoning District.
Current Standard:
Battery storage can be conducted as an accessory use to provide energy storage for the primary use on the
property. Additionally, Public Utilities could conduct battery storage in conjunction with other electrical
infrastructure. Privately owned standalone grid connected battery storage in not currently a permitted use
in any zoning district.
Summary& Requested Action:
This item is presented for information and discussion. Staff is seeking direction from the Board of
Supervisors on desired changes. Following the discussion, staff is seeking consensus from the Board to
move forward with this amendment and to authorize staff schedule public hearing(TBD).