Henry County
Anti-Data Center Policies
Henry County requires special approval for data centers on sites of at least 20 acres, with a 1,320-foot distance from homes and other spacing and buffer rules. Noise limits, monitoring, reporting, and financial assurances also apply.
current law · Unincorporated areasRequires data centers in Henry County’s industrial districts to get special-use approval, meet site, noise, and environmental standards, sign a development agreement, and use closed-system cooling.Henry County, Georgia Unified Land Development Code § 6.6.3 — Data Center
What this means
Data centers would need special approval, sites of at least 20 acres, and strict spacing and buffer rules, including being 1,320 feet from any home. Noise limits, monitoring, reporting, and financial assurances would add costs and make suitable sites harder to find, substantially limiting development and operation.
People behind it
- Henry County Planning and Zoning Department
Prepared and administers the public fact sheet explaining the data center ordinance and administers the zoning ordinance, subdivision regulations, and related procedures.
- Henry County Board of Commissioners
Adopts and administers the ordinance and Unified Land Development Code, including zoning actions, conditional-use decisions, regulations, and development agreements.
- Dean Conn
Applicant requesting the rezoning of approximately 143.41 acres for a single-family residential subdivision.
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- Director of Planning and Economic Development
Administers the Unified Land Development Code, makes specified final decisions, and may delegate review authority.
- Henry County Stormwater Management Department
Administers and implements the floodplain-management, illicit-discharge, and post-construction stormwater provisions.
- Henry County Stormwater Management Department Director
Administers and implements floodplain-management provisions and reviews related development applications and permits.
- County Manager
May appoint an administrator to implement the post-construction stormwater-management provisions.
- Zoning Advisory Board
Serves as the hearing and decision-making body for specified variances, appeals, and zoning matters under the Unified Land Development Code.
Restrictions & requirementsHide restrictions & requirements26
Data centers are allowed only in the I-1 and I-2 industrial districts and require Special Use approval by the Board of Commissioners rather than being permitted by right. Applications require a pre-application conference, specified materials, public hearings, and review under special-use standards.
A new data center generally requires a minimum 20-acre site. An existing industrial building on a smaller lot may be converted only with Special Use approval if it is more than 25 years old, no new data-center floor area is added, and the data-center area does not exceed 50,000 square feet.
A 200-foot landscape buffer is required along all property lines, except where the site borders an industrial use or district. The buffer must provide year-round opaque screening, be designed by a Georgia-licensed landscape architect, and be submitted with the Special Use application.
Data-center buildings and primary operational infrastructure must be set back at least 200 feet from public rights-of-way, 500 feet from nonresidential uses or districts, and 1,320 feet from residential structures. Certain non-noise- or emission-generating accessory structures may be allowed in a setback with County approval but may not be placed in a required buffer.
Building layout, orientation, and principal facades require County approval and must minimize visual impacts through specified design features, such as changes in height, recesses, transparency, material changes, or architectural accents.
All exterior mechanical, electrical, and operational equipment, including generators, cooling systems, substations, and rooftop equipment, must be fully enclosed or screened on all sides by County-approved acoustical barriers.
All site, security, building-mounted, and perimeter lighting must use dark-sky principles and fully shielded fixtures to prevent glare and light spillage onto adjacent properties.
Noise at a property line adjoining a residential district or use may not exceed 55 dBA from 7:00 a.m. to 8:00 p.m. or 45 dBA at other times.
Generator and other equipment testing is allowed only from 10:00 a.m. to 5:00 p.m. Monday through Friday and is prohibited on Henry County government-recognized holidays.
Open evaporative cooling systems are prohibited. Adiabatic cooling may be used only in closed systems, and refrigerants must meet specified global-warming-potential requirements with monitoring and remediation of leaks.
Facilities must use low-embodied-carbon building materials and comply with County stormwater requirements, including best available and feasible practices such as green infrastructure and low-impact-development techniques where practicable.
At least 30% of the gross lot area must remain natural and undisturbed open space. Buffers, stormwater features, and passive recreation areas count toward this requirement only with County approval.
If the County has planned a greenway trail on the site, the data-center project must construct the trail.
A Development Agreement must be executed before a land-disturbance permit is issued for any data-center use, must satisfy specified adoption requirements, and must be recorded with the Clerk of the Superior Court.
The Development Agreement must require ongoing on-site noise monitoring and compliance with both the data-center standards and the current County Noise Ordinance.
The Development Agreement must require reporting and metering of power, energy efficiency, water usage, and grid impacts, including PUE, ERE, and WUE metrics.
The Development Agreement must establish measures to limit potable-water consumption through a closed-loop or similar system designed to minimize consumption and eliminate continuous discharge or evaporative loss.
The Development Agreement must address grid and utility capacity impacts, and the applicant must pay for project-related utility-system improvements and service demands rather than shifting those costs to existing customers.
The Development Agreement must provide for third-party evaluation and ongoing assessment of air, water, noise, and operational impacts, transparency of results, and remediation of identified negative impacts.
The Development Agreement must establish emergency coordination with fire, public-safety, emergency-management, and utility providers.
The Development Agreement must regulate the use, storage, and management of batteries, fuels, backup-power systems, and hazardous materials and require compliance with applicable fire, emergency-management, and life-safety requirements.
The Development Agreement must provide for decommissioning, changes of use, site restoration, infrastructure removal, and environmental remediation if the facility ceases operation.
The Development Agreement may require performance, security, or decommissioning bonds, escrow accounts, or similar financial assurances for site restoration, infrastructure removal, environmental remediation, and long-term compliance.
The Development Agreement must include community-benefit commitments involving infrastructure upgrades, reinvestment strategies, and contributions to an inclusive, accessible, mixed-use community surrounding the project.
Relief from the data-center development standards may be granted only by the Board of Commissioners, limiting administrative authority to approve waivers or modifications.
Data centers must provide at least one vehicle-parking space per 10,000 square feet.
Benefits & exceptionsHide benefits & exceptions11
Data centers may be developed in the I-1 Light Industrial and I-2 Heavy Industrial districts through Board of Commissioners approval under a conditional-use or special-use process, with public review, rather than being prohibited outright.
The 200-foot landscape buffer is not required along property lines adjoining an industrial use or district.
Buffers, stormwater facilities, and passive recreation areas may count toward the requirement to preserve at least 30% of the gross lot area as natural, undisturbed open space, subject to County approval.
County-approved accessory structures that do not generate noise or emissions may be located within required setbacks, although they may not be placed in a required landscape buffer.
The Board of Commissioners may grant relief from the data-center development standards in ULDC Section 6.6.3.
A data center may be established in an existing industrial building on a lot smaller than 20 acres with Special Use approval if the building is more than 25 years old, the data-center area is no more than 50,000 square feet excluding offices, and no new floor area is added for data-center use.
Within the Highway Corridor Overlay, new development has no building-height limit, allowing taller data-center buildings where the overlay applies.
Previously approved development plans, subdivision plats, lawful uses, issued building permits, and complete applications submitted before the ULDC's effective date may continue under prior requirements, subject to the ULDC's conditions and deadlines.
A development agreement is required for any data center and may provide the property owner with vested rights during the agreement term, allowing the project to proceed under the land-use regulations in effect when the agreement was executed. For any data center use, a development agreement is required and may provide vested right to the property owner during the term.
Data centers are exempt from the otherwise applicable 25-acre minimum land-area requirement for development agreements, allowing the agreement mechanism to be used on less than 25 acres. Except for data centers, a minimum of 25 acres is required.
A development agreement may authorize phased construction over an extended period and specify phase deadlines, public facilities and infrastructure, service providers, easements, and reserved or protected land. A development agreement may be authorized and must address public facilities and infrastructure, the time period and specific expiration date for development of phases, and required easements and protected or dedicated land.
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