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The Data Center Divide

City of Searcy

Anti-Data Center Policies

Searcy may require conditional-use approval for some data centers in listed zoning districts because they may fall under its digital-asset-mining rules, adding review and potential delay but not creating a general ban.

current law · City of Searcy
Regulates digital-asset-mining facilities, which may house data-processing equipment, through conditional-use approval; it does not establish a general rule for all data centers.Searcy Ordinance 2024-11

What this means

The code’s broad definition of digital asset mining may cover some data centers, and it requires conditional-use approval in listed zoning districts. That adds review and potential delay, but it is not a general data-center ban.

People behind it

  • Administers the Zoning Code and enforces its provisions.

Restrictions & requirementsHide restrictions & requirements5
  • A facility meeting the code’s Digital Asset Mining definition is listed as a conditional use in the commercial and industrial districts marked “C” in the use table. It therefore requires conditional-use approval rather than being allowed outright.

  • Conditional-use applications require a public hearing, notice published at least 15 days beforehand, and certified-mail notice to owners or occupants within 200 feet. The applicant bears the publication and notice costs and must pay the applicable application fee. Conditional-use hearing and notice requirements

  • Conditional-use approval is subject to review criteria, including consistency with the Comprehensive Plan and applicable codes, compatibility with nearby properties, adequate parking and access, and required landscaping. The Planning Commission may also impose conditions or restrictions; violating an approval condition can be grounds for revoking the permit. Conditional-use review standards

  • Conditional-use approvals can lapse if the use does not begin within one year; where construction is involved, a building permit must be issued within one year and construction completed within two years. The general expiration rules also say approval expires if the use ceases for more than four consecutive months after commencing. Conditional-use expiration rules

  • Construction or structural alteration requires a building permit, and a building may not be occupied or changed to a new use until a certificate of occupancy is issued. Utilities may not connect service to a newly erected or structurally altered building without that certificate. Building-permit and occupancy requirements

Benefits & exceptionsHide benefits & exceptions2
  • Digital asset mining—a use defined to include facilities for storing, managing, processing, and transmitting digital data—is listed as a conditional use in commercial and industrial districts. This creates a route to seek approval there, but the use requires a conditional-use permit and Planning Commission review. The definition of Digital Asset Mining.

  • An approved conditional use generally does not expire unless the property is rezoned, the use changes, an expiration condition is imposed, or the use ceases for more than four consecutive months. If construction is required, it must begin within one year and be completed within two years. Conditional Use permit expiration rules.

Sources

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