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HomeMy WebLinkAbout013-26 (OrdAmendmentDataCenterUseRemoval)• RESOLUTION Action: BOARD OF SUPERVISORS: August 12, 2026 Approved DIRECTING THE PLANNING COMMISSION TO HOLD A PUBLIC HEARING REGARDING CHAPTER 165, ZONING ORDINANCE ARTICLE VI USE MATRIX PART 603. USE PERMISSIONS. ARTICLE VII ADDITIONAL REGULATIONS FOR SPECIFIC USES PART 705-INDUSTRIAL USE STANDARDS. ARTICLE XI DEFINITIONS PART 1105-USE TERMS. WHEREAS, a proposal to amend Chapter 165 -Zoning Ordinance to remove data centers as a permi tted and/or conditional use(§ 165-603.02) in certain z on ing districts and to remove other references to data centers, including definitions (§165-1105.05) and additional regulations for specific us es (§165-705.01), has been presented to the Board of Supervisors; and WHEREAS, the Board of Supervisors discussed data centers and voted u nanimously to instruct staff to prepare an authorizing resolution on July 8, 2026; and WHEREAS, the Frederick County Board of Supervisors finds it appropriate and required by the pu blic necessity, convenience, general welfare, and good zoning practice to direct the Frederick County Planning Commission to ho ld a public hearing and make a recommendation to the Board regarding an amendment to Chapter 165: NOW, THEREFORE, BE IT RESOLVED by th e Frederick County Board of Supervisors, that the public health, safety, general welfare, and good zoning practice requ ire that the Frederick County Planning Commission ho ld a public hearing to consider changes to Chapter 165 to remove data centers as a permitted and/or conditional use(§ 165-603.02) in certain zoning districts and to remove other references to data centers including definitions (§ 165-1105 .05) and additional regulations for specific uses (§ 165-705 .0 I), and make a recommendation to the Board of Supervisors thereon within 90 days after its next meeting after this resolution is adopted. Passed this August 12, 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 No. 13-26 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: John Bishop, AICP, Planning Director SUBJECT: DATE: Ordinance Amendment – Data Centers Removal August 7, 2026 Proposal: This is a proposal to amend the Chapter 165 - Zoning Ordinance to remove data centers as a permitted and/or conditional use (§165-603.02) in certain zoning districts and to remove other references to data centers including definitions (§165-1105.05) and additional regulations for specific uses (§165-705.01). Current Standard: Data centers are presently permitted by-right only in the TM (Technology-Manufacturing Park) Zoning District and as a conditional use in the B3 (Industrial Transition), M1 (Light Industrial) & M2 (Industrial General) Zoning Districts. A definition and additional regulations for specific uses are also included in the Zoning Ordinance. The current requirements for data centers were adopted by the Board of Supervisors in April 2025. Summary & Requested Action: The Board of Supervisors at its July 8, 2026, regular meeting discussed data center concerns and instructed Planning and Development staff to prepare an authorizing resolution to remove data centers from the Zoning Ordinance. Staff are requesting authorization to proceed with ordinance amendment process, including reviewed by the Development Review and Regulations Committee (DRRC) and advertising for public hearing (dates TBD). This process first requires that the possible amendment be referred to the Planning Commission for public hearing and a recommendation to the Board of Supervisors. The recommendation must be returned to the Board within 90 days after the Commission’s next meeting. Questions regarding the proposal may be directed to staff. JB/pd Attachment: 1.Draft Ordinance Amendment 2. Resolution to Authorize Public Hearing Proposed Changes – Data Centers July 15, 2026 Chapter 165 – Zoning Ordinance ARTICLE VI USE MATRIX PART 603. USE PERMISSIONS. Use Type Primary Zoning Districts Use Performance Standards RA RP MH1 R4 R5 MS B1 B2 B3 TM M1 M2 EM HE P = Permitted CUP = Permitted w/Conditional Use Permit A = Accessory Computing Infrastructure Providers, Data Processing, and Data Centers CUP CUP P CUP CUP 165-705.01 ARTICLE VII ADDITIONAL REGULATIONS FOR SPECIFIC USES PART 705 – INDUSTRIAL USE STANDARDS. §165-705.01. Data Centers. [Reserved] 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 any on- site generator shall comply with County Code §165-201.12. 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 adjoining 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 Proposed Changes – Data Centers July 15, 2026 by the Zoning Administrator. The maximum height of the opaque screen should correspond to the tallest piece of equipment being shielded from view. D.Setback & Screening Requirements. (1)Structures must be set back at least 200 feet from the common property line when adjoining land is zoned RA, RP, R4, R5 & MH1. 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 adjoining 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 of America (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 project. 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 S1.4:2014, “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 by 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: Proposed Changes – Data Centers July 15, 2026 a.Low noise emission fans. b. Acoustic wraps for compressors and oil separators; and 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 XI DEFINITIONS PART 1105 – USE TERMS. §165-1105.05. 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.