Data center applications remain subject to applicable County land-use regulations and other requirements independent of the repealed moratorium ordinances.

The County repealed and set aside Ordinance Nos. 1616 and 1618, eliminating the interim moratorium on approving data center facilities in unincorporated Imperial County. The urgency ordinance took effect immediately, although projects remain subject to other applicable land-use regulations. The ordinances are repealed and set aside in their entirety.

The County may not use Ordinance No. 1616 or 1618 as a basis to withhold, suspend, refuse to accept, process, review, approve, or issue a permit or entitlement for a data center in the unincorporated area. The County will not apply or enforce either Ordinance.

In the M-1 zone, a data center is permitted only when located within an enclosed building. Data center (within enclosed building)

A data center yard in the M-1 zone requires a conditional use permit rather than being allowed outright. Data center yard

M-1 data centers must be located on lots of at least 10,000 square feet. The minimum lot size requirement in the M-1 Zone, is ten thousand (10,000) square feet

M-1 data centers are subject to a front setback of 10 feet from the property or public right-of-way line; a zero-foot setback is allowed only with approval by the Planning Director and written concurrence from Public Works and the Fire Marshal. Ten (10) feet from the property line

M-1 data centers may not exceed six stories or 80 feet in height. Six stories or eighty (80) feet

M-1 data centers must provide off-street parking under the requirements of Section 90402.01(F) and must provide landscaping under Section 90302.03. Off street parking in the M-1 zone and Landscaping in the M-1 zone

In the M-2 zone, data centers must be located on lots of at least 20,000 square feet. Minimum lot size requirement in the M-2 zone is twenty thousand (20,000) square feet

M-2 data centers are subject to a 10-foot front setback; a zero-foot setback requires approval by the Planning Director and written concurrence from Public Works and the Fire Marshal. They are also limited to six stories or 80 feet, must meet Section 90402.01(F) parking requirements, and must provide landscaping under Section 90302.03. Yards and setbacks in the M-2 zone, six stories or eighty (80) feet, and Off street parking in the M-2 zone

Battery storage in the M-1 and M-2 zones requires a conditional use permit, so a data-center project that includes battery storage would require that additional approval for the storage component. Battery Storage and Battery Storage

Data centers are expressly permitted in the M-1 Light Industrial Zone as a permitted use, provided the data center is located within an enclosed building; a conditional use permit is not required for the use itself.

Data centers are expressly permitted in the M-2 Medium Industrial Zone as a permitted use; a conditional use permit is not required for the use itself.

M-1-zoned data centers may use parcels as small as 10,000 square feet.

M-2-zoned data centers may use parcels as small as 20,000 square feet.

In the M-1 and M-2 zones, buildings generally require only a 10-foot front setback, with no side or rear setback required, subject to building-code requirements and specified approval for a zero-foot front setback.

M-1 and M-2 buildings may be constructed up to six stories or 80 feet, whichever is less.

M-1 and M-2 zones do not impose a separate minimum distance between structures beyond applicable California building-code requirements.

M-1 and M-2 zones allow accessory, security, caretaker, or manager residences incidental to the primary industrial use, subject to the applicable residential setback requirements.

Battery storage is allowed in both M-1 and M-2 zones with a conditional use permit, providing a permitting pathway for on-site or associated energy storage serving industrial facilities.

Major electrical-generation, transmission, and substation facilities may be approved in M-1 and M-2 zones with a conditional use permit, subject to coordination with the Imperial Irrigation District; for those facilities, the ordinance limits battery capacity to a 2-to-1 ratio compared with solar capacity.