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The Data Center Divide

Lee County

Neutral Data Center Policies

Lee County’s zoning rules do not specifically address data centers, so the county may need to determine how to classify them. Depending on the district, a project may need special approval or rezoning, and related industrial uses may be restricted.

current law · Unincorporated areas
Establishes binding zoning controls to promote Lee County’s health, safety, welfare, and coordinated development, applying to unincorporated election beats under the Planning Commission’s authority and taking effect on May 24, 2021.Lee County Zoning Regulations (2021)

What this means

The rules do not name data centers, so the county would first decide which use category applies; new or unusual uses may need special-exception approval or rezoning. Some districts allow related industrial uses while others restrict them, creating a modest potential hurdle but no data-center-specific ban or incentive (new or unusual uses).

People behind it

  • Adopted the Lee County Zoning Regulations on May 19, 2021.

  • Approved the regulations by resolution on May 24, 2021, making them effective.

  • Administers and enforces the Lee County Zoning Regulations.

Restrictions & requirementsHide restrictions & requirements10
  • Data centers are not specifically listed as a permitted use. The Planning Director must classify an unlisted use based on similar impacts and compatibility with the zoning district; if it is a new or unusual use, it may require Special Exception Use approval or be prohibited if incompatible.

  • A data center classified as a Special Exception Use requires a Planning Commission application filed at least 15 days before the hearing, including the property address, zoning and land use, a complete use description, a vicinity map, and a plot plan showing the proposed development layout.

  • Any data center development must comply with the applicable zoning district, all zoning standards, required permits, and other applicable codes and regulations; a use that is permitted in a district is not necessarily permitted on every parcel.

  • All data center buildings and land uses are subject to a minimum lot area of 15,000 square feet, or a larger area required by the Lee County Health Department, and must meet the Lee County Subdivision and Land Development Regulations.

  • Building height is limited to 60 feet for nonresidential buildings, which would generally include a data center.

  • No data center building or structure may be erected, altered, repaired, converted, maintained, or used except in compliance with the regulations; permits or licenses issued in violation of the regulations are null and void.

  • If the proposed data center cannot be classified as compatible with the existing zoning district but another district would allow it, the property may require rezoning. A property-owner rezoning application must be filed at least 30 days before the Planning Commission hearing and include ownership information, legal description and tax maps, present and proposed zoning and land use, the reason for rezoning, Master Plan consistency, a scaled vicinity map, a scaled site plan, and a filing fee for newspaper advertising.

  • A zoning or zoning-map amendment requires publication for three weeks in a newspaper of general circulation in Lee County, a public opportunity to be heard, and approval by both the Planning Commission and the County Commission.

  • If a data center is treated as a heavy industrial use, it is not allowed in the Rural Preserve, Corridor, or Rural Center Districts and is allowed only in an SP Special District, where permitted uses and development criteria are established for the particular property when the district is created.

  • An SP Special District for an industrial project requires a zoning-map amendment initiated by a property owner or the Planning Commission, with approval by the Planning Commission and County Commission; the district is intended for industrial uses requiring special considerations and must satisfy the regulations' purposes and Master Plan objectives.

Benefits & exceptionsHide benefits & exceptions10
  • An unlisted data-center use may be assigned by the Planning Director to a listed use with similar impacts and characteristics, if it is compatible with the zoning district’s intent. similar impact and characteristics

  • A new or unusual data-center use that is unclassified but compatible with the district may be approved as a Special Exception Use; if incompatible, the property may be rezoned to a district that permits it. the unclassified use may be permitted as a Special Exception Use

  • Research labs are permitted uses in the Corridor (CR) and Rural Center (RC) districts, providing a potential permitting route for a data center that is classified as a research lab. Research lab N P P N

  • More than one permitted use may be combined on a lot, and incidental activities may be allowed as accessory uses, when the uses are commonly associated and integrally related and each use satisfies its applicable regulations. This can support related data-center campus functions. more than one Permitted Use may be combined on a lot

  • A Special District (SP) may be created for a property owner’s specific use and development plan, including certain industrial developments; the permitted uses and development criteria are established for the particular property. It requires Planning Commission adoption and County Commission approval of a zoning-map amendment. specific use and development plan

  • The regulations preserve the rights of public and private utilities to construct, use, and maintain structures reasonably required for public service, which can protect utility infrastructure serving a data center. Nothing in these Zoning Regulations shall impair the rights of railroads and utilities

  • Nonresidential buildings may be up to 60 feet high, and the general minimum lot area is 15,000 square feet, subject to Health Department and subdivision-regulation requirements. maximum building height shall be 45 feet for residential buildings and 60 feet for nonresidential buildings

  • A lawful existing data-center use that becomes nonconforming may continue after a change in ownership or tenancy, provided it does not cease for more than six months. any nonconformity may be continued by the new owner or tenant

  • Previously approved nonconforming construction or site-development plans may proceed, provided construction or site alteration is completed within one year and the use or occupancy is established within 30 days after completion. Plans for nonconforming construction

  • Lawful nonconforming data-center buildings and uses may receive ordinary maintenance or repair, but a nonconforming use may not be enlarged, moved, or intensified in a way that increases its nonconformity. Ordinary maintenance or repair of a nonconforming building or structure shall be permitted

Sources

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