The following provisions apply to critical digital infrastructure facility in the LI and GI Districts.
(A) Bulk regulations.
(1) The Planning Commission may approve a reduction to, but not elimination of, the required yard setbacks in § 1-19-6.100 between adjoining critical digital infrastructure facilities in the LI and GI Districts during the site plan review process, if the Planning Commission finds that reducing the setbacks:
(a) Increases the size and usability of open space areas;
(b) Increases the landscape buffer areas along other adjacent property lines with different land uses;
(c) Provides additional buffer areas for environmentally sensitive areas or resources; or
(d) Facilitates compliance with the design criteria listed under § 1-19-8.402(B).
(2) Notwithstanding any reduction approved by the Planning Commission, the distance between structures must comply with applicable building code requirements.
(B) Design requirements.
(1) Buildings must be predominantly designed and constructed to include finishes and materials of consistent quality and design on all sides. All building facades that are in public view must avoid the use of undifferentiated facades and long, plain wall sections by including a combination of the following design elements: change in building height, building step-backs or recesses, windows, doors, changes in building material, patterns, textures, colors, or use of accent materials. Architectural renderings or plans must be submitted as part of the site development plan application for approval by staff and the Planning Commission to assure that the appearance, type of building materials, or other aspects of the building are consistent with the purposes and intent of the critical digital infrastructure design requirements.
(2) Building entrances must be designed and oriented in terms of their relationship to the human scale and must reflect this relationship through the inclusion of human-scaled architectural elements.
(3) Refuse and recycling dumpsters, service doors, and mechanical equipment must face away from roadways, pedestrian routes, and public areas.
(4) In order to minimize visibility from adjacent roads and adjacent properties, ground level and roof top mechanical equipment, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations of the infrastructure must be screened. This screening may be provided by a principal building. Mechanical equipment not screened by a principal building must be screened by a visually opaque fence, screen wall or panel, parapet wall, or other visually opaque screen that must be constructed of materials compatible with those used in the exterior architectural finishes of the principal building.
(5) Staff shall refer site plans to the Architectural Review Committee for review prior to the site plan being scheduled for Planning Commission. The recommendations of the Architectural Review Committee may be considered by the Planning Commission.
(6) In addition to § 1-19.6.400 the following landscaping, screening, and buffering requirements must be met.
(a) Front yard(s) abutting a roadway must include a landscaped buffer.
(b) Except where adjoining a critical digital infrastructure use, side and rear yards must include a landscaped buffer.
(c) A landscaped buffer must include a four-season visual screen resulting in multi-layered, staggered rows of overstory and understory trees and shrubs that are a mix of evergreen and deciduous vegetation, with an emphasis on species that are native to Frederick County.
(d) The minimum height of overstory trees within a landscape screen or buffer at planting must be a minimum of 6 feet with a minimum caliper of 2 inches. The minimum height of understory trees and shrubs at the time of planting must be 3 gallon or larger. Trees and shrubs larger than the minimum sizes listed above will be required where the minimum planting sizes will not provide adequate screening or buffering within 2 years. Vegetation used to establish a visual screen shall not be trimmed so as to stunt upward and outward growth or to otherwise limit the effectiveness of the visual screen.
(e) A berm, wall, or fence may be used in combination with vegetation to satisfy the screening requirement where deemed appropriate by County Staff and the Planning Commission. Walls and fences must be made of quality materials and enhance rather than detract from the beautification of the site. Walls and fences that are in public view must avoid long, undifferentiated facades and long, plain sections by including a combination of the following design elements: variations in height, step-backs or recesses, changes in material, patterns, textures, colors, or use of accent materials.
(f) If security fencing is proposed, vegetative screening must be placed between the fence and the public view. Fencing must be made of high quality materials. Chain-link and similar woven metal or plastic fencing shall not be used.
(g) If forest or hedgerows exist where screening or buffering is required, it must be preserved to the maximum extent practicable and supplemented with new plantings where necessary to provide the desired screening or buffering.
(h) All landscaping, screening, and buffering must be maintained in living condition.
(i) Applicant must submit a landscape, buffering, and screening plan as part of the site plan application addressing the requirements and timing of plantings. Screening and buffering must be installed as early in the development process as possible. Occupancy shall not be granted if screening and buffering requirements are not installed in accordance with the approved site plan.
(j) The Planning Commission may approve a modification to the landscaping, buffering, and screening standards where an alternate landscaping, buffering, and screening plan is provided that meets the purpose and intent of these design requirements.
(7) Parking, loading, and signage must be provided in accordance with § 1-19-6.200 through § 1-19-6.340.
(8) Lighting must comply with § 1-19-6.500, but light poles must not exceed a height of 18 feet. The Planning Commission may require more restrictive lighting heights where deemed appropriate by the Planning Commission.
(9) Bicycle rack requirements shall be in accordance with industrial parks in table § 1-19-6.220 (H)(1).
(10) Critical digital infrastructure facilities must meet all criteria found in §§ 1-19-7.600 and 1-19-7.610.
(C) Subdivision and street frontage.
(1) Subdivision of lot(s) for critical digital infrastructure uses shall comply with Chapter 1-16 of the County Code.
(2) Where two or more lots are proposed for critical digital infrastructure uses, the lot frontage requirement of § 1-19-4.520 may be met by construction of a private street subject to Planning Commission approval and the following:
(a) The lot or parcel from which the new lot is being created has fee-simple frontage on a public street.
(b) The private street connects directly to a public road.
(c) The private street will not serve any uses that would be frequented by the general public.
(d) For the purposes of establishing bulk regulations (setbacks, lot width, etc.), the measurements along the portion of the lot(s) fronting a private street must be the same as established for public streets.
(e) The design of the private street must comply with Chapter 1-16 of the County Code.
(f) Private streets may not create long, dead-end street networks and must serve a limited number of lots and sites, as determined by the Planning Commission.
(g) Private streets must be maintained by a property owner association or similar organization.
(h) Easements, maintenance agreements, and covenants must be provided to the County for review with the submission of a final plat, and must be recorded by the applicant prior to lot recordation and the recording reference noted on the final plat.
(D) Performance standards. These performance standards for critical digital infrastructure facilities are intended to mitigate potential detrimental effects on adjacent properties and the neighborhood. All applications for site plan approval must be accompanied by a registered engineer's certification that the use complies with all of the performance standards. If, after occupancy of the structures, continuous or frequent (even if intermittent) violations of the performance standards occur, and after notice is given, bona fide and immediate corrective work is not performed which successfully prevents the violation(s) from reoccurring, the Zoning Administrator may suspend or revoke the Zoning Certificate and the Certificate of Occupancy and require the operations and occupancy to immediately cease. The Zoning Certificate and Certificate of Occupancy will be reinstated after the property owner demonstrates to the Zoning Administrator's satisfaction, that operation of the facilities is able to conform to these requirements.
(1) Noise.
(a) Noise must be measured with a sound level meter.
(b) The maximum sound pressure levels permitted from any source, measured within an adjacent property line, are set forth below:
Sound Measured To | Decibels Continuous Slow Meter Responses |
Industrial uses | 70 |
Commercial uses | 64 |
Residential uses in any zoning district | 55 |
Institutional uses | 55 |
All other uses | 55 |
(c) The provisions of this section do not apply to:
1. Transportation vehicles not under the control of the use.
2. Occasionally used safety signals, warning devices, and emergency pressure relief valves.
3. Temporary construction activity between 7:00 a.m. and 7:00 p.m.
4. Other exemptions identified in § 1-11-6(F).
(d) Air handlers, generators, and other mechanical devices must comply with subsection (1)(b) above.
(2) Vibration. No vibration may be produced which is transmitted through the ground and is discernible without the aid of instruments at any point beyond the property line; nor may any vibration produce a particle velocity of 2 inches per second measured at or beyond the property line. This provision does not apply between adjoining critical digital infrastructure facilities uses.
(Bill. No. 22-05, 3-15-2022)