Loading map…
Regbase

The Data Center Divide

Chaffee County

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Pro-Data Center Policies

Chaffee County’s land use code bars data centers in all zoning districts in unincorporated areas, preventing them from being built there; general review steps do not change this.

Rating from Colorado statewide as there are no scored current or future laws outside temporary restrictions for Chaffee County.

Specific to Chaffee County only.

current law · Unincorporated areas
Prohibits data centers in every zoning district in unincorporated Chaffee County.Chaffee County Land Use Code

What this means

The land use code would prohibit data centers in every zoning district in unincorporated Chaffee County, effectively preventing them from being built there. The development review manual adds general review steps, but those do not offset the ban.

Timing

Ends
A period not to exceed 32 months after imposition

The measure authorizes a temporary moratorium suspending intake of specified development applications, ending no later than 32 months after imposition. It does not impose a specific moratorium or provide an adoption date; no extension conditions are stated.

People behind it

  • Adopted and approved the Chaffee County Land Use Code and Zoning Map through Resolution 2024-78 and serves as the approving authority for specified development applications and plats.

  • Reviewed and recommended the Land Use Code for adoption by the Board of County Commissioners.

  • Administers and enforces the Land Use Code, including coordinating reviews, interpreting provisions, and deciding assigned applications.

Show 4 more peopleShow fewer people
  • Administers the development-review application process, including pre-application conferences, completeness and technical reviews, referrals, public notices, and staff review.

  • Adopted the Chaffee County On-Site Wastewater Treatment System Regulations through Resolution 2018-02.

  • Administers and enforces the Chaffee County On-Site Wastewater Treatment System Regulations.

  • Are authorized to enforce the Chaffee County Noxious Weed Management Plan in unincorporated Chaffee County and other areas under County responsibility.

Restrictions & requirementsHide restrictions & requirements23
  • Data centers are expressly prohibited in every zoning district, so they cannot be established, expanded, or operated as a permitted land use under the Code. (Data Center)

  • The Code also lists data centers as a utility land use, creating an ambiguity with the separate provision prohibiting them; utility-land-use regulations would govern their zoning treatment if they were otherwise allowed. (Utility Land Uses include “Data Center”)

  • An expansion of an approved development that increases nonresidential building floor area by 5 percent or more cannot be handled through an administrative modification and must instead proceed as a major amendment under the review, notice, and hearing procedures applicable to the original approval. (an increase of five percent or more in the floor area of non-residential buildings)

  • An administrative modification that increases water demand may be denied unless the applicant demonstrates sufficient water quantity, dependability, and quality. A modification may not materially increase wastewater quantity or reduce wastewater quality unless compliant domestic or industrial treatment or onsite wastewater facilities are provided. (water supply is available; appropriate provision has been made for a domestic or industrial wastewater treatment system)

  • Approval time limits can require additional applications or cause approvals to lapse: administrative approvals generally last one year; conditional-use permits and variances lapse after one year, preliminary plats and conceptual planned-development plans after two years, and final development plans and location-and-extent permits after three years if the required next-stage application is not filed. (administrative approvals ... shall be valid for one year)

  • All Planning and Zoning applications must begin with a pre-application conference and require a presubmittal form, letter of intent, and conceptual site plan, followed by the required application materials and applicable fees.

  • Applicants may have to pay recording fees, referral-agency review fees, and consultant-review escrow amounts; failure to pay referral-agency fees may delay or result in denial of an application.

  • Applications are subject to completeness and technical-sufficiency reviews. Incomplete applications are returned, and applicants must provide sufficient additional materials within 12 business days after receiving notice of deficiencies.

  • Depending on the application, a neighborhood meeting and referrals to local, state, or federal agencies may be required. Applications requiring a public hearing must provide mailed notice to adjacent property owners and post a property notice at least 15 days before the hearing, with mailing certifications and a time-stamped photograph.

  • Site-plan applications must document extensive existing and proposed conditions, including buildings, parking, utilities, wells, septic systems, access roads within 300 feet, driveway dimensions and grades, drainage, slopes, flood hazards, lighting, and applicable wildland-urban-interface requirements.

  • Applications for conceptual planned-development plans, preliminary plans, and site-plan approvals must include a fire-protection report covering fire-suppression water quantity and pressure, hydrant placement and spacing, and primary and secondary emergency access, with approval by the applicable fire-protection district.

  • Projects with any property in the wildland-urban interface must provide fire-protection and defensible-space plans meeting applicable standards and obtain the required fire-district or County review and approval.

  • For development parcels larger than 10 acres, alternate emergency access is required unless the fire-protection district approves an acceptable alternative design. Driveways must document width, length, and average grade, and the average grade may not exceed 8 percent without approval of alternative provisions.

  • An emergency-response plan may be required for uses involving atypical risks such as fire, explosion, hazardous materials, or personal injury. The plan must identify risks, facilities, responsible contacts, and response procedures, and the applicant may have to pay for additional training or specialized equipment.

  • Outdoor-lighting plans are required for building and development permits other than single-unit detached dwellings and duplexes. Lighting must comply with limits on shielding, light trespass, unshielded illumination, color temperature below 2,700 Kelvin, fixture height, illumination levels, controls, and the requirement to extinguish non-public-safety lighting no later than one hour after sunset or facility closure.

  • Administrative, limited-impact, major-impact, and subdivision applications must include an impact analysis addressing effects such as safety, water pollution, noise, vibration, smoke, dust, odor, heat, glare, wildfire, flooding, geologic hazards, and visual impacts, along with proposed mitigation measures.

  • A land-suitability analysis may require detailed documentation of drainage, soils, geology, hazards, slopes, water supply, groundwater, floodplains, environmental conditions, adjacent uses, easements, and access.

  • Development visible from designated scenic viewpoints or corridors must include a visual-resource analysis and may require design measures such as reduced building height and footprint, muted materials, reduced building mass, screening, and preservation or supplementation of vegetation, potentially secured by recorded documents or other assurances.

  • Development disturbing more than one acre and requiring specified site-plan, subdivision, or related approvals must provide weed-management and revegetation plans addressing weed control, ongoing monitoring funds, seed mixes, planting, irrigation, and revegetation success standards.

  • If onsite wastewater treatment systems are proposed, a septic-suitability report prepared by a Colorado-licensed professional engineer is required, including hazard mapping, unsuitable areas, test pits for at least 20 percent of proposed lots, and evaluation of relationships among wastewater systems, wells, buildings, and waterbodies.

  • Final approved plans and plats that must be recorded must be submitted on 24-by-36-inch photographic or equivalent mylar with original signatures, notarizations, professional-surveyor seals, completed blanks, required presentation standards, and fully executed approvals.

  • After approval or a public hearing, the applicant remains responsible for completing approval conditions and submitting revised materials, signed mylars, legal agreements, and recording fees before the application is closed.

  • Constructing or operating a data center in violation of the Code or approval conditions can result in a written correction notice with a 10-day deadline, a stop-work order, an order to discontinue or vacate the unlawful use, utility disconnection in hazardous or immediately dangerous circumstances, civil fines, and withholding of permits or other approvals until compliance is demonstrated. (written notice ... to correct the violation within 10 days)

Benefits & exceptionsHide benefits & exceptions10
  • Data centers are expressly defined and included in the Code’s “Utility Land Uses” category, providing a specific land-use classification for facilities used by telecommunications, internet-access, or internet-service providers. Data Center

  • A development agreement may establish the timing of public improvements, financial guarantees, development phasing, vested rights, and cost-sharing for a data-center project. Development Agreement

  • Certain site-specific approvals, including final planned-development plans, final subdivision plats, conditional use permits, and development agreements, may establish vested property rights. These generally last three years, may be extended through a development agreement, run with the property, and protect the approved development from later zoning or land-use actions that would alter, impair, prevent, diminish, or delay it. Vested property rights

  • For a site-specific development-plan application, the County generally must apply the land-use regulations in effect when the application was submitted, except for new or amended regulations needed for the immediate preservation of public health and safety. Regulations in effect at the time an application is submitted

  • Approved permits and approvals may be transferred to a subsequent property owner unless the Code or approval specifically makes them non-transferable, allowing an approved project to continue after a property transfer. May be transferred to a subsequent owner

  • An approved public-hearing development plan may be changed through an administrative modification rather than a major amendment if the change remains within specified limits, including less than a 5% increase in nonresidential floor area, no more than a 5% increase in building height, no more than a 10% setback reduction, and no more than a 10% reduction in required parking. The modification must still satisfy applicable compliance, resource, hazard, water-supply, and wastewater criteria. Administrative modifications

  • Unless a permit or approval provides otherwise, the Director may grant one timely administrative extension for up to the original term or 18 months, whichever is shorter. Appeals, litigation, or mediation that limit the ability to use or develop the land toll the approval period for the duration of the proceeding, subject to stated exceptions. One extension Term shall be tolled

  • A required pre-application conference has no fee, and staff generally provide a written summary within 8 business days that remains valid for approximately 6 months, helping applicants identify requirements before formally applying. No fee is required.

  • The review process establishes staff deadlines of 12 business days for completeness review and 16 business days for technical sufficiency review, with applicants generally given 12 business days to provide requested materials. Completeness Review (12 business days)

  • After review, an application may receive staff approval instead of proceeding to a public hearing when a hearing is not required, providing a simpler approval path. Application may be approved or scheduled for a public hearing

Sources

Data provided by Regbase · Cookie preferences · Report missing data