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Regbase

The Data Center Divide

Mason County

Anti-Data Center Policies

Mason County allows data centers in I-3 zones, but setbacks, buffers, noise limits, and generator and construction rules may restrict where and how they operate.

current law · County measure
Requests the county planning commission to define data centers, develop rules for their construction and operation, and consider allowing them in industrial zones.Mason County Fiscal Court Resolution 25-18 (2025)

What this means

The resolution starts a planning process to create data-center rules, which could cause some delay, but it does not itself impose new requirements on projects. It asks the Joint Planning Commission to consider a zoning amendment, including standards for setbacks, height, landscaping, and noise (consideration of setbacks, building height, landscaping, noise).

People behind it

  • Requested preparation of the resolution, initiated the Fiscal Court's application to the Joint Planning Commission, and was authorized to execute the application and commit county funds.

  • Prepared and introduced the resolution by reading it to the Fiscal Court.

  • Adopted Resolution 25-18 and formally applied to the Joint Planning Commission for the proposed zoning text amendment.

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  • Was requested to develop the zoning text amendment, define data centers, establish development standards, and amend the land-use chart.

  • Made the motion to authorize the Fiscal Court's request to begin the amendment process.

  • Seconded the motion authorizing the Fiscal Court's request to begin the amendment process.

  • Submitted a request to the Planning Commission to amend the comprehensive plan to address data-center development.

Restrictions & requirementsHide restrictions & requirements4

  • Data centers must first be defined and added to the county zoning ordinance’s allowable-use chart through a text amendment before they can be permitted.

  • The requested zoning amendment would allow data centers only within the county’s industrial zones.

  • The Joint Planning Commission is asked to establish development standards and regulations for data-center construction and operation, including setbacks, building height, landscaping, and noise controls.

  • The Fiscal Court authorizes spending public funds for independent data, expert-witness, or consultant services to support the Planning Commission’s review of data-center standards.

Benefits & exceptionsHide benefits & exceptions3

  • The resolution asks the Joint Planning Commission to amend the land-use chart to make data centers an allowable use in Mason County’s industrial zones.

  • The judge executive may submit and sign the application needed to start the Planning Commission’s text-amendment process.

  • The Fiscal Court may provide funding for independent data, expert witnesses, or consultants to assist the Joint Planning Commission with data-center regulations, particularly for projects likely to be outside the City of Maysville.

Sources

current law · Unincorporated areas
Establishes zoning regulations specifically for data centers in unincorporated Mason County.Mason County Ordinance 26-03 (2026)

People behind it

  • Proposed and recommended the data center zoning text amendment and later reviewed and recommended approval of the related rezoning application.

  • Introduced and adopted Ordinance 26-01 regulating data centers in unincorporated Mason County and approved the related rezoning through Ordinance 26-03.

  • Administered the zoning process as the designated administrative official and Planning and Zoning Administrator, including coordinating hearings and preparing staff reports.

Restrictions & requirementsHide restrictions & requirements8

  • Data centers are permitted in I-3 zones, limiting development to property with that zoning designation.

  • A 750-foot setback from residential property is required, increased from the previous 500-foot setback.

  • A separate 500-foot setback is required from designated sensitive uses.

  • Data center structures are subject to a 75-foot height limit; electrical poles and fittings not part of a data center structure are exempt.

  • Daytime noise from data center operations must not exceed 50 dB(A).

  • Generator testing is limited to once per week and must comply with the applicable noise requirements.

  • Construction noise must comply with the applicable noise requirements.

  • Construction is limited to daylight hours, as reflected in the ordinance's construction requirements.

Benefits & exceptionsHide benefits & exceptions1

  • Ordinance 26-03 approved rezoning 28 properties comprising approximately 2,080 acres north of Germantown Road to I-3 Rural Industrial, allowing the proposed data center development to proceed on the rezoned site.

Sources

current law · Unincorporated areas
Regulates data centers in unincorporated Mason County by allowing them in I-3 zones and setting rules for setbacks, building height, noise, and generator testing.Mason County Ordinance 26-01 (2026)

What this means

The measure allows data centers in I-3 zones, but the 750-foot residential setback and 500-foot buffer from sensitive uses could sharply limit where they can be built. Noise limits and rules for generator testing and construction also add meaningful operating constraints.

People behind it

  • Developed and recommended the data center zoning text amendment to the Mason County Fiscal Court.

  • Introduced, gave first and second readings to, and adopted Ordinance 26-01 regulating data centers in unincorporated Mason County.

Restrictions & requirementsHide restrictions & requirements8

  • Data centers are intended to be permitted only in I-3 zoning districts.

  • A data center must maintain a 750-foot setback from residential uses.

  • A separate 500-foot setback applies to sensitive uses.

  • Data center structures are subject to a 75-foot height limit. Electrical poles and fittings that are not part of a data center structure are exempt from that limit.

  • Daytime noise is limited to 50 dB(A).

  • Generator testing is limited to once per week and must comply with the applicable noise requirements.

  • Construction noise must comply with the ordinance's noise requirements.

  • Construction is expected to occur only during daylight hours.

Benefits & exceptionsHide benefits & exceptions3

  • Data centers are permitted in I-3 zones in unincorporated Mason County.

  • Electrical poles and fittings that are not part of a data-center structure are exempt from the 75-foot height restriction.

  • Generator testing is allowed once per week, provided it complies with the ordinance’s noise requirements.

Sources

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