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The Data Center Divide

Kent County

Pro-Data Center Policies

Kent County has enacted a measure allowing data centers in several zoning districts, subject to site-plan review, design standards, and extra conditions in some areas; its description also uses future wording.

current law · County measure
Allows data centers in specified zoning districts, subject to site-plan review, parking requirements, and district-specific design and approval conditions.Maryland CHR 3-2020 (2021) — Data Processing Centers

What this means

The measure would make data centers an allowed use in several zoning districts, including Village, Commercial, Employment Center, and Industrial areas (“DATA PROCESSING CENTERS”). That meaningfully opens development opportunities, but site-plan review, design standards, and special conditions in some areas limit the benefit.

People behind it

  • Explicitly identified as the person who introduced Bill No. 3-2020, serving as President of the Board of County Commissioners for Kent County, Maryland.

  • Legislative body that enacted the measure.

  • Clerk who acted by order of the County Commissioners in administering the measure's formal legislative process.

Restrictions & requirementsHide restrictions & requirements11
  • Data centers in the Village District are permitted only subject to site plan review. subject to site plan review

  • In the Commercial, Employment Center, and Industrial Districts, data centers are subject to site plan review; in the Employment Center and Industrial Districts, no building permit may be issued until the required site plan is approved by the Planning Commission or, where applicable, the Planning Director. No building permit shall be issued until said site plan is approved

  • In the Commercial, Employment Center, and Industrial Districts, a data center may use an alternate design only after an affirmative recommendation from the Planning Director and approval by the Planning Commission. The application must include a written explanation of the proposed deviations and their reasons, and the alternate design may not vary from the applicable floodplain standards. applicants may present for approval

  • Data centers must provide parking at a rate of one space per employee at maximum occupancy. 1 PER EMPLOYEE AT MAXIMUM OCCUPANCY

  • In the AZD District, data centers require a special exception and are limited to large-scale projects on sites of at least 200 acres. PROJECTS ARE LIMITED TO LARGE SCALE DATA PROCESSING CENTERS ON A MINIMUM OF 200 ACRES

  • An AZD special-exception application for a data center must include a site plan and the data and information required to evaluate the proposed use and its effects on the Comprehensive Plan, neighborhoods, and surrounding properties. The application for a special exception shall include a site plan

  • AZD data-center applicants must address their approach to Uptime Institute Tier ratings and past project successes, and must identify all potential building-footprint expansion areas for proposed projects. Applicants must address their approach for Uptime Institute's Tier ratings

  • AZD data-center proposals must show sufficient landscape buffering and identify all security structures on an interface plan. SUFFICIENT LANDSCAPE BUFFERING AND ALL SECURITY STRUCTURES MUST BE INDICATED

  • An AZD data center may not create an unacceptable impact through noise, odor, noxious materials, or other nuisances. must not create an unacceptable impact by way of noise, odor, noxious materials

  • An AZD data center must have access to a public road adequate for the generated traffic and may not generate traffic inappropriate for the access roads or surrounding area. The site must have access to a public road adequate to handle traffic generated

  • AZD data-center applicants must obtain approval from the appropriate State of Maryland agencies. received approval from the appropriate State of Maryland agencies

Benefits & exceptionsHide benefits & exceptions7
  • Adds data processing centers as a permitted principal use in the Village District, subject to site plan review.

  • Adds data processing centers as a permitted principal use in the Commercial District, subject to the alternate design provisions in Section 11.8.

  • Adds data processing centers as a permitted principal use in the Employment Center District, subject to the alternate design provisions in Section 14.9.

  • Adds data processing centers as a permitted principal use in the Industrial District, subject to the alternate design provisions in Section 15.9.

  • Allows applicants for data processing centers in the Commercial, Employment Center, and Industrial Districts to propose an alternative design that varies from specified design standards, if the Planning Director recommends it and the Planning Commission approves it. The application must explain the proposed differences and reasons; floodplain standards cannot be varied.

  • Creates a special-exception pathway for data processing centers in the AZD district, limited to large-scale projects on at least 200 acres and subject to requirements concerning Uptime Institute Tier ratings, anticipated building-footprint expansion, landscape buffering, security structures, nuisance impacts, roadway capacity, and approval from appropriate Maryland agencies.

  • Establishes a parking requirement for data processing centers of one parking space per employee at maximum occupancy.

Sources

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