Data centers may locate only in the Industrial Zone, where they require a conditional use permit (CUP); uses not listed as permitted in other zones are not allowed there. Data Centers

A CUP requires a property-owner application, fee, specified information, and a public hearing. The Zoning Commission evaluates health and safety, effects on permitted uses, and public-service costs, and may impose conditions. public hearing

A CUP does not take effect, and building or installation permits cannot issue, until the reconsideration period ends or the County Commissioners decide any reconsideration request. No conditional use permit shall become effective

A CUP expires if the use does not start within one year or stops for one year, unless otherwise specified; the Director may grant one extension of up to one year for good cause. expire if the use

A data center must be on a parcel of at least 10 acres. Buildings generally may occupy no more than 40% of the site unless the CUP approves otherwise. minimum parcel size

Data center structures must meet minimum setbacks: Industrial-zone setbacks apply in the Industrial Zone; Commercial-zoned properties require 150 feet; Agriculture/Forest, Rural Residential, and Suburban Residential properties require 500 feet; and an existing residence not owned or controlled by the applicant requires 1,000 feet. minimum setbacks

Data center height is limited by the Industrial Zone maximum; the CUP may impose a lower height to mitigate impacts or improve compatibility. Maximum allowable height

Exterior design must minimize visual contrast with the rural landscape. Visible chain-link fencing is prohibited unless screened; existing vegetation must be preserved as much as possible; and a maintained landscape buffer at least 50 feet wide is required on all sides, subject to specified CUP modifications. permanent landscape buffer

Mechanical equipment, including generators and cooling equipment, must be enclosed or screened from public view; rooftop installations such as solar panels are excepted. mechanical equipment

Consumptive groundwater use for routine cooling is prohibited, and groundwater cannot be the primary cooling source. Construction withdrawals must be minimized and use off-site sources where reasonably available; cooling should use reclaimed, recycled, harvested, or other sources when reasonably available. Annual water-use reporting and conservation measures are also required. Consumptive use of groundwater

Noise may not exceed 45 dB(A) at property lines during specified nighttime and weekend periods, or 50 dB(A) at other times. Routine generator testing is limited to 9 a.m.–5 p.m. Monday through Friday, except in emergencies. An acoustical-engineer plan and annual sound measurements are required, with additional measurements possible after a complaint. 45 dB(A)

Exterior lighting must use full-cutoff, fully shielded fixtures, point downward, and not trespass onto property outside the data center’s ownership or control. All exterior lighting

The data center must meet applicable air-quality requirements and obtain required permits before operating. Construction dust must be controlled to prevent impacts on nearby properties and roads. All required permits

A new data center CUP application must include specified plans and studies, including site and landscape plans; electrical-grid connections and an energy-efficiency plan; a hydrogeologic analysis; water and wastewater plans; noise and vibration mitigation; fire protection; hazardous-materials management; decommissioning; and road-access approval. Application Requirements

The CUP process may require financial assurance for decommissioning, based on factors including estimated cost, project scale, expected facility life, and potential public cost if the site is abandoned. financial assurance

The Zoning Commission may require the applicant to pay for a third party selected by the County to review submitted reports. third party chosen by the County

The Commission may require a construction-traffic study. The applicant must pay for reasonably necessary improvements to electrical systems, roads, signals, water, and emergency services, to the extent permitted by law. traffic study

Changes to approved data center plans or permits require a CUP amendment and hearing. If staff determines a facility was modified, expanded, or operated differently from its approval, it may have to seek an amendment or restore compliance; an expanded or modified nonconforming data center must apply for a CUP and comply with the code. Modifications to Existing Data Centers

Industrial-zone development requires a buffer yard at least 20 feet wide along public rights-of-way and property lines adjoining non-Industrial land. buffer yard

Industrial-zone projects must consult the Department of Environmental Quality about wastewater management and comply with any approved plan. A stormwater plan must be submitted before a building permit or other activity, prevent increased runoff, and have required improvements completed before occupancy. stormwater management program

Industrial-zone exterior activities are limited to 6 a.m.–9 p.m.; operating outside those hours requires a CUP. Before a building permit, or activity that does not require one, specified requirements for parking, lighting, fire protection, wastewater or septic, outdoor storage, and water sources must be addressed. hours of operation

Applicable Chapter 9 standards require construction controls to keep sediment and runoff within the disturbed site, generally place buildings at least 100 feet from mapped perennial streams, and meet driveway, access, and parking requirements. one hundred feet

Data centers are allowed as a conditional use in the Industrial Zone, providing a route to approval through a conditional use permit, subject to the ordinance’s standards and application requirements. Data Centers

Data-center buildings may exceed the usual 40% site-coverage limit if approved through the conditional use permit. unless otherwise approved through the conditional use permit

A data center may use the Industrial Zone’s standard maximum height, unless the conditional use permit sets a lower height to address impacts on neighboring properties, viewsheds, or land-use compatibility. Maximum allowable height

Emergency generator operation during utility outages is exempt from the data-center noise limits. Routine generator testing is limited to 9 a.m.–5 p.m. Monday through Friday, except during emergencies. Emergency generator operation

Existing data centers may seek approval for modifications by applying to amend their conditional use permits and appearing at a Zoning Commission hearing. Modifications must be approved or the facility restored to compliance; an enlarged or modified nonconforming data center must obtain a permit and comply with the code. application to amend its conditional use permit