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The Data Center Divide

Nevada County

Anti-Data Center Policies

Nevada County’s RA and R1 residential districts list no industrial uses, which may block new or expanded data centers if treated as industrial; this does not cover the whole county or specifically address existing facilities.

current law · Unincorporated areas
Does not specifically regulate data centers; it requires a Development Permit for research-and-development activities in BP, M1, and M2 industrial districts.Nevada County Code, Title 12 — Land Use and Development Code

What this means

In the RA and R1 residential districts, the table lists “Industrial Uses” as none, creating a significant barrier to building or expanding a data center if it is treated as an industrial use (“Industrial Uses — None Listed”). The measure covers these districts, not all of Nevada County, and does not specifically address existing data center operations.

Restrictions & requirementsHide restrictions & requirements8
  • In the BP (Business Park) District, site development outside an adopted Area Plan requires Planning Commission approval of a Comprehensive Master Plan for the entire site before development may occur. approval of a Comprehensive Master Plan for the entire site

  • Before a BP Comprehensive Master Plan is submitted, interim uses may be allowed only if they do not preclude the intended development, do not require a permanent foundation or permanent infrastructure, and comply with time limits established by the land-use permit. interim uses that do not preclude development

  • BP minor improvements are limited to remodeling that does not intensify the land use and building additions no greater than 10% of the existing gross floor area on a single building site. building additions that do not exceed ten percent

  • Industrial uses, including light-industrial research and development, manufacturing, processing, distribution, and warehousing, require a Development Permit in BP, M1, and M2 districts. Light industrial including research and development

  • The industrial districts impose minimum site-development dimensions: BP requires 150 feet of road frontage and a 1.5-acre minimum parcel; M1 and M2 require 15,000-square-foot minimum parcels. Minimum Road Frontage

  • Industrial district setbacks and landscaping requirements limit the buildable area: BP generally requires 10-foot front and exterior setbacks where the right-of-way is at least 50 feet wide, 35-foot setbacks where it is narrower, and 30-foot interior and rear setbacks; significant landscaping is required in the front setback. Significant landscaping shall be incorporated into this setback

  • Maximum impervious-surface coverage is limited to 60% in BP and 85% in M1 and M2 districts, restricting the amount of a site that may be covered by buildings, pavement, and other impervious improvements. Maximum Impervious Surface

  • Industrial development is subject to a 45-foot building-height limit. Building Height Limit

Sources

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