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The Data Center Divide

DuPage County

Neutral Data Center Policies

DuPage County’s enacted zoning measure regulates medical cannabis facilities, not data centers; it mentions data processing and computer centers only as an existing accessory use and does not change their rules.

current law · Unincorporated areas
Allows data processing and computer centers in the O-R office-research district, but sets no special rules for data centers.DuPage County Zoning Ordinance, Chapter 37, § 37-902.1

What this means

The measure regulates medical cannabis facilities, not data centers. It mentions data processing and computer centers only as an existing accessory use and does not change their rules.

People behind it

  • Approves, modifies, or denies planned developments, exercises the County's zoning authority, and approved and enacted the text amendments as Ordinance T-1-14.

  • Conducts required hearings, prepares findings, and makes recommendations on planned developments and other zoning matters.

  • Held the public hearing, considered the petition, and recommended approval of the text amendments.

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  • Reviews and recommends action on recommendations transmitted by the Zoning Board of Appeals.

  • Considered the Zoning Board of Appeals' findings and recommendation and recommended approval to the County Board.

  • Administers hearing scheduling and notice procedures on behalf of the Zoning Board of Appeals or Zoning Hearing Officer.

  • Administers enforcement of the zoning code, including issuing notices of violation and pursuing corrective action.

  • Chairman of the DuPage County Board who signed the enacted ordinance.

  • DuPage County Clerk who attested the enacted ordinance.

Restrictions & requirementsHide restrictions & requirements19
  • Uses not specifically listed as permitted or conditional in the applicable zoning district are expressly prohibited. An unlisted use may proceed only if the Director finds it has the same general character as a listed use; recurring or common uses may require a zoning-text amendment. Unlisted uses are expressly prohibited.

  • Building, stormwater-management, and zoning permits or a zoning certificate must be obtained before property may be used or a building, structure, site, facility, or operation may be constructed or maintained. Permits are required.

  • New development or redevelopment containing one or more transition yards requires site-plan review addressing matters such as access, lighting, signage, and landscaping. Required building permits cannot be issued until the site plan is approved. Site-plan approval is required before permits.

  • A conditional use requires a public hearing and approval by County Board ordinance, with findings that the use will not cause specified impacts such as traffic congestion, fire hazards, flooding, nuisance, or harm to public welfare. Conditional uses require a public hearing.

  • In the O-R, I-1, and I-2 districts, applications for a use or change of use generally must include certification from an approved scientific laboratory or consultant that applicable performance standards are met. Performance certification may be required.

  • Industrial and office-research uses must meet performance standards for vibration, air pollution, odors, toxic substances, water pollution, fire and explosion hazards, noise, and light. Some higher-intensity activities also require conditional-use approval or special fire permits. Industrial performance standards apply.

  • Except in the I-2 general industrial district, manufacturing, fabrication, processing, assembly, repair, cleaning, servicing, and testing must occur inside completely enclosed buildings. Outdoor storage must be screened, and outdoor bulk materials subject to dusting are generally prohibited except under I-2 rules. Enclosure and screening requirements apply.

  • New, changed, expanded, or intensified uses must provide required off-street parking and loading, submit plans for approval, and provide accessible parking where required. An occupancy certificate cannot be issued until the required parking and loading facilities are installed. Parking and loading must be installed before occupancy.

  • Required parking generally must be on the same zoning lot or a contiguous lot. Off-site parking requires qualifying ownership or possession arrangements, generally for a minimum term of 30 years. Off-site parking has ownership and duration requirements.

  • A nonconforming building or use generally may not be enlarged, expanded, extended, or altered in a way that increases the nonconformity. A nonconforming use discontinued for 12 consecutive months cannot be renewed. Expansion and discontinuance of nonconforming uses are restricted.

  • A planned development requires preliminary-plan approval by County Board ordinance after review and recommendations by the Zoning Board of Appeals and County Development Committee. A building permit cannot be issued until the final development plan is approved and filed with the recorder of deeds.

  • For a planned development, the final plan generally must be submitted within one year after adoption of the preliminary plan, unless the adopting ordinance allows more time or the County Development Committee grants an extension. The final plan must follow County subdivision procedures.

  • Planned-development applications must provide detailed information on acreage, building square footage, parking, open space, surrounding land, utilities, drainage, stormwater and floodplain areas, grading, and landscaping.

  • A planned development must initially consist of a zoning lot under single ownership or unified control, and its public improvements must comply with County ordinances and regulations.

  • Planned developments must meet specified land-use, density, floor-area, setback, building-spacing, open-space, street, and parking standards.

  • A planned development is subject to a public hearing with notice requirements, including mailed notice at least 14 days before the hearing and newspaper publication at least 15 days before the hearing.

  • Construction, alteration, use, or occupancy without the appropriate permit, or contrary to an approved plan, permit, order, or Code provision, is unlawful and may be ordered discontinued or corrected.

  • A notice of violation may require discontinuance or abatement, payment of a $100 County fee, obtaining or revising permits or plans, and corrective work. The recipient generally has 14 days to request an administrative appeal, and compliance extensions may range from 14 to 45 days.

  • Code violations may result in fines of $100 to $500, with each week of continued violation treated as a separate offense. The County may also seek court orders requiring cessation, correction, removal, repair, or abatement.

Benefits & exceptionsHide benefits & exceptions14
  • The O-R Office Research District expressly permits data processing and computer centers, providing a potential by-right zoning pathway for a qualifying data center. data processing and computer centers

  • Uses not specifically listed may be approved when the Director determines they are of the same general character as listed permitted or conditional uses, providing an administrative path for comparable data-processing, computer-center, office, or industrial uses. same general character

  • The ordinance allows appeals, variations, conditional uses, and conditional-use planned developments to provide reasonable flexibility from otherwise applicable zoning requirements. reasonable flexibility

  • In the O-R district, a zoning lot containing at least five acres may have a floor-area ratio of up to 0.40, supporting larger-scale construction. floor area ratio

  • Required parking may be reduced by up to 10% for qualifying large office, business, or industrial buildings using shared-ride or carpooling programs, subject to documented parking-demand reductions and specified program conditions. reduce required parking by up to ten percent

  • Required parking may be reduced by up to 10% for qualifying office, business, or industrial buildings within one-half mile of a commuter rail or other recognized transit station, based on substantiated ridership projections. within one-half (½) mile

  • Required parking may be reduced by up to 5% for qualifying office, business, or industrial buildings within one-quarter mile of a regularly scheduled bus route serving peak commuting hours, based on documented ridership projections. within one-quarter (¼) mile

  • Parking for separate uses may be provided collectively, with the required number based on the greatest simultaneous demand when operating hours do not overlap, reducing duplicated parking requirements. provided collectively

  • The Director may authorize an alternative location for required parking when placing it on the same or a contiguous lot presents particular difficulties or another location would better serve public safety or convenience. authorize an alternative location

  • A lawfully existing data center or other qualifying nonconforming building, structure, or use may continue if later zoning changes make it inconsistent with current district regulations. This protection generally ends after 12 consecutive months of discontinuance, and expansions or structural changes remain subject to nonconformity limits. may be continued discontinued for a continuous period of twelve (12) months

  • For a planned development, the County Board may vary bulk regulations when the variation is consistent with the ordinance’s general purpose and produces a better development benefiting occupants and surrounding properties, allowing flexibility for building size, setbacks, and related dimensional requirements. may vary the bulk regulations

  • A planned development may devote up to 30% of the zoning lot’s total land area to uses not permitted in the underlying district. In a residential planned development, B-1 local retail uses are limited to 8% of total land area and count toward the 30% maximum. not more than thirty percent

  • Planned developments have no minimum lot-area requirement, allowing a qualifying project to proceed on a smaller or specially configured zoning lot. No minimum lot area required

  • When a zoning hearing is required, it generally must begin no later than 60 days and conclude no later than 120 days after application submission, unless the hearing calendar is completely committed. commenced no later than sixty (60) days

Sources

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