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The Data Center Divide

Alamosa County

Neutral Data Center Policies

Alamosa County treats data processing as a general office use, with standard land-use review and site-plan review for most development potentially adding paperwork or delay. The code identifies no data-center-specific ban or special burden.

current law · Unincorporated areas
Treats data processing as a general-office use subject to zoning and site-plan rules, but sets no data-center-specific regulations.Alamosa County Land Use & Development Code

What this means

The code does not specifically regulate data centers, and it lists data processing as a general office use. Standard land-use review, including site-plan review for most development, may add some paperwork and delay, but the sources show no data-center-specific ban or special burden.

People behind it

  • Adopted the Land Use and Development Code and is responsible for final action on text amendments.

  • Reviews proposed text amendments and makes recommendations to the Board of County Commissioners.

  • Administers and enforces the Land Use and Development Code and prepares recommendations regarding text amendments.

Restrictions & requirementsHide restrictions & requirements11
  • Data centers are not specifically listed in the permitted-use table. An unlisted use is expressly prohibited unless the administrator determines that it is similar to a permitted use; if it is not similar, it may proceed only after a text amendment to the Land Use and Development Code. The administrator’s determination may be appealed to the Board of Adjustment. (uses not specifically listed)

  • Nonresidential development generally requires site-plan review. A project of up to 1,000 square feet may qualify for minor site-plan review by the administrator if it meets the stated conditions; other projects require major site-plan review, with Planning Commission review and approval by the Board of County Commissioners. (all proposed development)

  • If a data center is classified as a special use in the applicable zoning district, it requires a special-use permit and public review. The Board of County Commissioners may impose conditions such as limits on scale, intensity, operating hours, buffers, easements, and performance guarantees or bonds. (special uses require individual review)

  • A special-use permit generally expires 12 months after approval unless the applicant submits a valid building-permit application, proceeds through phased building permits, obtains a certificate of occupancy, or satisfies approved alternative documentation requirements. A special use also becomes void if the use ceases for 12 consecutive months. (special-use permit expiration)

  • Nonresidential projects must satisfy dimensional standards, including minimum lot size, setbacks, maximum height, building coverage, and impervious-surface limits. In the Commercial district, the listed standards include a 7,000-square-foot minimum lot with central water and sewer, 25-foot front setback, 40-foot maximum height, and 75-percent maximum impervious surface; the Industrial district has separate, generally larger standards. (nonresidential dimensional standards)

  • Data-center development must provide off-street parking and loading unless an applicable exemption applies, and no certificate of occupancy may be issued until the requirements are met. The parking ratio depends on classification—for example, general office requires one space per 300 square feet of gross floor area, while research and development and manufacturing uses require one space per 1,000 square feet. (off-street parking and loading requirements)

  • A data center must comply with operational limits requiring noise not to become a nuisance to adjacent residential uses, ground vibration not to be perceptible beyond the lot line, odors not to be perceptible beyond the lot line, and electromagnetic disturbances not to cross lot lines. (operational performance standards)

  • New nonresidential development within the Urban Influence Area or within 17 miles of the Great Sand Dunes National Park visitor center must meet dark-sky lighting requirements, including fully shielded, downward-directed fixtures, height limits of 30 feet in parking areas and 15 feet in pedestrian areas, and additional restrictions near residential property. (outdoor-lighting applicability)

  • Nonresidential development in the City of Alamosa’s Area of Influence must connect to the city water system and, where applicable, the city sewage-disposal system. The sewer requirement applies to all nonresidential development in that area, while the water requirement applies to major development, including all nonresidential development. ([required city water and sewer connections](https://www.alamosa county.org/DocumentCenter/View/231/Alamosa-County-Land-Use-and-Development-Code-PDF#:~:text=All%20major%20development%20occurring%20within%20the%20Area%20of%20Influence%20shall%20be%20connected%20to%20the%20city%20water%20supply%20system))

  • Development in a special flood-hazard area requires a floodplain development permit before land disturbance or construction. Nonresidential structures must generally have the lowest floor at least one foot above the base flood elevation or be certified as floodproofed, and development in a regulatory floodway is prohibited unless an engineering analysis demonstrates no increase in flood levels. (floodplain permit requirement)

  • Required site improvements for an approved site plan, including drainage, pavement, landscaping, utilities, curbs, gutters, adjoining-street improvements, and sidewalks where applicable, are paid for by the applicant. The county may also require a bond guaranteeing on-site and off-site improvements before site-plan approval. ([applicant responsibility for improvements](https://www.alamosa county.org/DocumentCenter/View/231/Alamosa-County-Land-Use-and-Development-Code-PDF#:~:text=The%20applicant%20shall%20bear%20the%20costs%20of%20the%20installation%20of%20all%20on-site%20improvements))

Benefits & exceptionsHide benefits & exceptions10
  • An unlisted data-center use may be approved if the Land Use Administrator determines it is similar to a permitted use or use group; if it is not similar, it may proceed through a text amendment. The determination may be appealed to the Board of Adjustment. Uses not specifically listed may be treated as similar to permitted uses

  • The Industrial district allows research and development, warehouse and freight movement, office, and manufacturing-related uses, subject to the applicable use-table permissions and special-use requirements. A data center that qualifies under one of these categories could use this zoning framework. The Industrial district provides areas for research and development, processing, and warehousing

  • A Planned Unit Development district can accommodate integrated office, commercial, light-industrial, residential, or mixed-use projects through a master plan, supporting coordinated development of a data-center campus and related facilities. The plan must address uses, compatibility, infrastructure, and other approval criteria. [The PUD district accommodates integrated units](https://www.alamosa county.org/DocumentCenter/View/231/Alamosa-County-Land-Use-and-Development-Code-PDF#:~:text=The%20PUD%2C%20Planned%20Unit%20Development%20District%20accommodates%20proposals%20for%20the%20same%20or%20similar%20uses%20to%20be%20developed%20as%20integrated%20units)

  • The Planned Unit Development Overlay may modify the underlying district's dimensional requirements to promote innovative design, more efficient use of land and utilities, and compatible development. The underlying district still controls maximum density and uses. [The PUDO requirements may modify dimensional requirements](https://www.alamosa county.org/DocumentCenter/View/231/Alamosa-County-Land-Use-and-Development-Code-PDF#:~:text=The%20requirements%20of%20the%20-PUDO%20district%20shall%20supersede%20the%20requirements%20of%20the%20base%20district)

  • Final approval of a subdivision plat, site plan, or PUD master plan creates a vested property right for three years, with the possibility of a longer period through a development agreement. This protects an approved data-center project from later zoning changes during the vesting period. [Approval shall result in a vested right for a period of 3 years](https://www.alamosa county.org/DocumentCenter/View/231/Alamosa-County-Land-Use-and-Development-Code-PDF#:~:text=shall%20result%20in%20a%20vested%20right%20for%20a%20period%20of%203%20years)

  • More than one building may be permitted on a single lot in a nonresidential district, allowing a campus to include separate data-hall, office, utility, security, or support buildings. [More than one building may be permitted on a single lot](https://www.alamosa county.org/DocumentCenter/View/231/Alamosa-County-Land-Use-and-Development-Code-PDF#:~:text=More%20than%20one%20building%20may%20be%20permitted%20on%20a%20single%20lot)

  • Minor utilities are permitted in all base districts, while major utilities and energy-generation facilities can be considered through special-use review. Energy-generation facilities or major utilities may also be subject to the county's 1041 regulations, including the two-megawatt threshold for electrical-generation facilities. [Utility, minor uses are permitted](https://www.alamosa county.org/DocumentCenter/View/231/Alamosa-County-Land-Use-and-Development-Code-PDF#:~:text=Utility%2C%20minor), and [major energy facilities may be subject to 1041 regulations](https://www.alamosa county.org/DocumentCenter/View/231/Alamosa-County-Land-Use-and-Development-Code-PDF#:~:text=Power%20plants%20or%20any%20electrical%20energy%20generation%20facility%20with%20a%20generating%20capacity%20of%20greater%20than%20two%20(2)%20megawatts)

  • The code supports infrastructure availability by requiring new development to provide adequate water and sanitary-sewer service, and by requiring major development in the City's Area of Influence to connect to city water and sewer systems. This can provide a defined utility pathway for qualifying data-center projects. [New development shall provide sufficient water supply](https://www.alamosa county.org/DocumentCenter/View/231/Alamosa-County-Land-Use-and-Development-Code-PDF#:~:text=New%20development%20shall%20provide%20water%20supply%20that%20is%20sufficient), and [major development within the Area of Influence must connect to city systems](https://www.alamosa county.org/DocumentCenter/View/231/Alamosa-County-Land-Use-and-Development-Code-PDF#:~:text=All%20major%20development%20occurring%20within%20the%20Area%20of%20Influence%20shall%20be%20connected)

  • The Administrator may approve an administrative adjustment of numerical standards by up to 10 percent, provided the adjustment does not increase allowable density and maintains compatibility, consistency with the code, and protection of adjacent uses. This can provide limited flexibility for data-center site design. [The administrator may authorize adjustment of numerical standards by up to 10 percent](https://www.alamosa county.org/DocumentCenter/View/231/Alamosa-County-Land-Use-and-Development-Code-PDF#:~:text=the%20administrator%20may%20authorize%20adjustment%20of%20the%20numerical%20standards%20of%20this%20LUDC%20by%20up%20to%2010%20percent)

  • A nonconforming structure may be enlarged or expanded if the expansion does not increase the degree of nonconformity and complies with applicable district requirements, including setbacks, parking, loading, access, lot area, and lot coverage. This can allow continued expansion of an existing facility under specified conditions. [A nonconforming structure may be enlarged or expanded](https://www.alamosa county.org/DocumentCenter/View/231/Alamosa-County-Land-Use-and-Development-Code-PDF#:~:text=A%20nonconforming%20structure%20may%20be%20enlarged%20or%20expanded)

Sources

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