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Planners back zoning overhaul but drop 500‑foot battery setback; keep 100‑foot property-line buffer
Summary
The commission recommended a broad zoning code update to the Board of Supervisors but removed a proposed 500‑foot separation between utility-scale battery energy storage systems and existing residences while retaining a 100‑foot property-line setback; the package also addresses ADU rules, short‑term rentals and POD timelines.
The Maricopa County Planning and Zoning Commission voted 8–0 on Nov. 6 to forward a comprehensive zoning ordinance update to the Board of Supervisors with several targeted modifications after hours of testimony from industry, energy providers, fire officials and residents.
Staff framed the update as a modernization: consolidating land-use categories, adding graphics and tables for development standards, simplifying chapters and adding clearer definitions for emerging uses such as battery energy storage systems (BESS) and data centers. The draft also incorporates changes to accessory dwelling units (ADUs) and short‑term rental rules to comply with state statute.
Battery energy storage systems emerged as the most contested topic. Staff proposed a package that included a 100‑foot minimum setback from the property line and a 500‑foot separation from any existing off‑site residential dwelling; staff said the larger separation was informed by recommendations from some local fire authorities and prior case negotiations. Industry groups, the Arizona Technology Council and power provider APS warned a fixed 500‑foot rule could make many county parcels unusable for BESS and urged alignment with the National Fire Protection Association (NFPA 855) and other national standards.
Fire officials were split. Chief Diamond of Rural Metro Fire said modern BESS installations and their safety systems support following national standards. Robert Olmstead of the Arizona Fire and Medical Authority, who described two local BESS fires, urged greater distance — citing smoke and heavy-metal concerns in post‑fire smoke testing — and supported maintaining a 500‑foot separation to avoid residential evacuations.
After public testimony and commissioner discussion, the commission agreed to remove the 500‑foot mandated separation from the recommendation but to retain the 100‑foot setback from the property line; commissioners also directed staff to preserve case‑by‑case review authority through IUPD overlays. The commission also recommended removing a provision that would have permitted an extra occupant in certain 55+ communities, preserving existing scenic‑corridor language for further local discussion, extending plan‑of‑development validity to three years with the option of administrative extensions, and permitting administrative waivers for solar perimeter landscaping in remote areas.
Commissioner Millhaven moved and Commissioner Rockwallick seconded the recommendation as amended. The motion passed by roll call vote, 8–0. The Board of Supervisors will consider the ordinance update at its Dec. 12 hearing.
