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The Data Center Divide

Spalding County

Anti-Data Center Policies

Spalding County allows data centers in specified districts with special approval and added utility, water-cooling, noise, and generator conditions. Before a building permit, developers must submit a cleanup and restoration plan and provide financial assurance.

current law · County measure: C-1C districts and Planned Development Districts (PDD); data centers are subject to special-exception requirements and applicable development standards.
Restricts where data centers (excluding Bitcoin mining) may be built and requires site protections plus a decommissioning plan and financial assurance.Spalding County 2024 Data Center Zoning Amendment

What this means

Data centers remain possible through special-exception approval in specified districts, but they must meet added utility, water-cooling, noise, and generator conditions (data center standards). Before a building permit, developers must also submit a detailed decommissioning plan and provide financial assurance for cleanup and restoration, creating significant potential costs and delays (decommissioning requirements).

People behind it

  • The body that resolved to amend the county zoning ordinance to regulate data centers; it also determines decommissioning bond amounts and may enforce compliance. Resolved to amend the zoning ordinance

  • Receives data-center decommissioning plans and reports, conducts compliance inspections, and verifies completion before financial assurance is released. conduct regular inspections

Restrictions & requirementsHide restrictions & requirements15
  • In C-1C, a data center is allowed only as a special exception and only within a planned commercial or industrial development; in a PDD, it also requires special-exception approval. Special-exception status and location restriction

  • Bitcoin mining is excluded: the ordinance permits data centers “but not Bitcoin Mining” in both C-1C and PDD districts. Data centers, but not Bitcoin Mining

  • Data centers may not be located in S-2, S-3, or S-4 sensitive land protection districts and must comply with applicable overlay-district standards, including airport-overlay restrictions. Sensitive-district and overlay rules

  • C-1C data-center buildings must be set back at least 100 feet from property lines adjoining residential properties, and at least 50 feet from property lines adjoining nonresidential properties. Minimum building setbacks

  • Exterior walls facing roads or residential properties may not be all metal and must include 40 percent stone or masonry; exterior lighting must be night-sky friendly; and mechanical equipment must be screened with opaque fencing, with rooftop equipment screened by parapets. Exterior design and screening standards

  • Power transfer stations, generators, and related appurtenances must have a 50-foot-wide evergreen buffer from adjacent residential properties in C-1C, with the buffer plan approved by the Community Development Director. In PDDs, the buffer must include berms and evergreen plant material and also requires that director’s approval. Buffer requirements

  • At the land-disturbance-permit stage, data-center applicants must provide full utility-availability statements from relevant utility companies for water, sewer, natural gas, and electricity. Utility statements at land-disturbance permit

  • A closed-loop cooling-water system is required whenever possible. Closed-loop water system

  • An acoustic/noise study is required with the land-disturbance permit. Noise-minimizing walls may be required on main buildings and are mandatory around outdoor generator areas, and generators must be minimum Tier 4F. Noise study and generator standards

  • Before a building permit for a data warehouse is issued, the owner or developer must submit a decommissioning plan covering a timeline, equipment and material removal, hazardous-material handling, remediation, site restoration, health and safety, and compliance and reporting. Plan required before building permit

  • During decommissioning, developers must submit quarterly progress reports and a comprehensive final report; the Community Development Department may inspect the site, including through initial, periodic, and final inspections. Reports and inspections

  • Developers must provide financial assurance sufficient for decommissioning, removal, remediation, and restoration. The Board of Commissioners sets the amount using an estimate by a qualified independent engineer and may periodically adjust it; acceptable forms include a bond, escrow account, or letter of credit. Financial assurance and bond amount

  • Financial assurance cannot be released until the Community Development Department verifies completion and gives final inspection approval. If the developer fails to complete the work, the county may use the assurance to finish it. Release and use of financial assurance

  • Noncompliance may lead to daily or violation-specific fines, permit revocation, or legal action. If the county calls the decommissioning bond to complete the work, the developer owes an additional penalty equal to 10 percent of the bond amount. Enforcement and penalties

  • PDD applicants must follow a review process that includes a preliminary concept plan, an applicant-arranged public meeting with notice to adjacent owners and owners within 1.5 miles, planning-commission review, and PDD rezoning and master-plan approval under the county’s procedures. PDD review process and public meeting

Benefits & exceptionsHide benefits & exceptions3
  • C-1C districts provide a special-exception zoning pathway for data centers, excluding Bitcoin mining, provided the facility is within a planned commercial or industrial development and meets the listed standards, including setbacks and screening. Data centers as a C-1C special exception

  • Planned Development Districts (PDDs) also allow data centers, excluding Bitcoin mining, as principal uses by special exception. They remain subject to PDD review and the applicable development standards. Data centers permitted as special exceptions in PDDs

  • A planned industrial development in a C-1C district may qualify for development incentives if it incorporates at least six approved incentive criteria. The possible standards include a 50-foot maximum building height and one additional wall sign per establishment. C-1C planned-industrial incentives

Sources

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