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Board adopts zoning housekeeping package; adds non-residential battery energy storage rules
Summary
Supervisors passed ordinance 25-25 updating subdivision and zoning rules, adding performance standards for battery energy storage facilities (non-residential/commercial only), clarifying sign rules and other administrative updates.
York County supervisors on Sept. 16 adopted a batch of housekeeping and text amendments to the subdivision and zoning ordinances (ordinance R25-25) that update administrative submittal requirements, add new definitions and create a special-use permitting pathway and performance standards for battery energy storage facilities (non-residential/commercial applications only).
Planning staff told the board the changes reflect state code updates, remove outdated references (including expired COVID-era rules), reduce paper submittal burdens and add definitions for new uses. Staff emphasized the battery energy storage language is intended for commercial or non-residential utility-scale or facility-scale installations and will be permitted only by special use permit in economic opportunity and industrial districts.
Key performance standards for battery energy storage facilities adopted by the board include minimum setbacks (100 feet from property lines and 500 feet from occupied structures), full-ground evergreen screening and architectural treatments to minimize visual impact, security fencing and signage, a hazardous-materials plan submitted to Fire and Life Safety, and maintenance and decommissioning requirements that obligate owners to remove equipment if a facility ceases operation (the ordinance sets a period of inactivity after which decommissioning may be required).
Chief Baldwin (Fire and Life Safety) told supervisors the county’s existing hydrant-spacing and water-supply standards should apply; he recommended maintaining standard hydrant spacing (approximately 500 to 1,000 feet) so fire suppression resources are available if needed.
Board members asked for the battery-standard language to explicitly apply to non-residential/commercial uses so homeowners seeking small, accessory backup batteries are not swept into the special-use permitting process. Supervisors agreed and staff amended the ordinance language to state the battery energy storage provisions apply to non-residential facilities. Planning staff said accessory residential standards will be the subject of a future, dedicated amendment.
Other changes adopted included updating timelines to conform with the Code of Virginia (site-plan/subdivision review), eliminating obsolete “blue-line” print requirements, clarifying temporary office-trailer surety requirements, adding online-order pickup signage to the sign code and adding ancillary land-use clarifications.
Motion: Supervisor Roan moved to adopt proposed ordinance number 25-25, as amended to specify “non-residential” battery energy storage; the motion carried on roll call (yes votes from Supervisors Roan, Shepherd, Holroyd, Drury and Chair Noll). Planning Commission recommended approval 5–1.
Caitlin (planning staff): “We added a piece of language about applicant deferral for rezoning applications and special use permits... when the applicant, after they've gone to Planning Commission, chooses to defer ... either they go to you in a year or it's going to expire.”
Next steps: staff to update code text and publish ordinance; planning staff will work on a follow-on package addressing accessory/residential battery storage sizing and standards.
