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The Data Center Divide

Nobles County

Neutral Data Center Policies

Nobles County’s zoning ordinance does not specifically regulate or incentivize data centers; broad industrial and storage uses are allowed under general zoning rules.

current law · Unincorporated areas, including the Joint Jurisdictional Area within one-half mile of the City of Worthington
Regulates land use in unincorporated Nobles County, but does not set data-center-specific rules; data centers would be subject to the county’s general zoning and industrial-use requirements.Nobles County Zoning Ordinance (2016), § 603 Agricultural Preservation District

What this means

The ordinance does not specifically regulate data centers or offer them special incentives. It allows broad industrial and storage uses, subject to general zoning rules, so it has no clear, data-center-specific effect overall (industrial uses allowed).

People behind it

  • The Board ordains the ordinance.

  • The Administrator enforces the ordinance.

Restrictions & requirementsHide restrictions & requirements8
  • In the Joint Jurisdictional Area around Worthington, a use that is neither specifically permitted nor denied is prohibited unless the zoning regulations are amended to authorize it. The ordinance does not specifically identify data centers, so their status there is not stated. A use neither specifically permitted nor denied is considered prohibited

  • A land use permit is required to erect, alter, or move a permanent or portable building. If the proposal conforms to the ordinance, the administrator is to issue the permit within 60 days; an application fee set by County Board resolution is required. a land use permit shall be required

  • Buildings in the General Industry district are subject to dimensional limits: maximum height is 150 feet; minimum lot width is 100 feet; and baseline setbacks are 150 feet from state and county road centerlines, 135 feet from township road centerlines, 20 feet at side yards, and 35 feet at rear yards. Setbacks increase for structures over 50 feet, and larger setbacks apply next to residential lots. No buildings shall hereafter be erected

  • Where an environmental assessment worksheet or environmental impact statement is required by state rules or the County Board, the applicant must provide requested information and pay preparation and review costs. No permit may issue until the environmental review is complete and costs are paid. No permit for an action for which an EAW or an EIS is required

  • In the Joint Jurisdictional Area, site plan approval is required for developments other than agricultural developments in the A-1 district and single-family detached homes in the R-1 district. The application requires a fee and specified plans and information; the ordinary decision period is 60 days after complete submission, subject to statutory extensions or an applicant waiver. An application for site plan approval shall be filed

  • Operations must not create objectionable noise, odors, vibration, smoke, dust, glare, or other adverse effects on nearby property. Outdoor lighting must be directed away from adjoining residential zones and public streets; light on residential property is limited to 0.4 foot-candles. No noise, odors, vibrations, smoke

  • Access drives require review and a permit from the applicable road authority, which may limit their number and determine their location, size, and design. Driveways serving principal structures must be at least 10 feet wide and capable of supporting emergency and fire vehicles. Access drives onto any roads shall require a review and permit

  • A permit is required before construction of essential services covered by the ordinance. Major transmission services, including electrical lines over 35 kV, require a conditional use permit. Major Essential Service Facilities

Benefits & exceptionsHide benefits & exceptions6
  • In the General Industry district, uses that fit the ordinance’s broad category of production, processing, servicing, or storage are permitted if they are not otherwise listed as conditional or prohibited and meet performance standards. A data center would need to qualify under that category. The listed permitted industrial uses

  • The General Industry district permits public utility and service buildings and essential-service power distribution lines under 35 kV. Power lines over 35 kV require a conditional use permit. Utility and power-line uses

  • A conforming land-use permit must be issued within 60 days, providing a stated decision period for proposed development that meets the ordinance. Permit issuance within 60 days

  • For conditional-use applications, the County Board must act within 30 days after receiving the Planning Commission’s report or no later than 60 days after official submission. The County may extend the deadline by written notice, subject to the ordinance’s limits. Conditional-use decision deadline

  • An approved conditional use may continue indefinitely unless revoked for noncompliance, unless the permit sets a time limit. The project must begin within one year of approval or the permit expires. Conditional-use duration and start deadline

  • A lawful nonconforming use may continue, but cannot be expanded; if discontinued for one year, future use must conform to the ordinance. A nonconforming structure destroyed beyond 50% of its fair market value must be rebuilt in conformity. Continuation of nonconforming uses

Sources

Specific to Nobles County only.

failed · Agricultural Preservation area
Keeps data centers from applying to locate in Nobles County’s Agricultural Preservation area because the proposed conditional-use allowance was not pursued.Proposed Nobles County Zoning Ordinance Text Amendment — Data Centers in the Agricultural Preservation District (2026)

What this means

The proposed amendment would let data centers apply to build in Agricultural Preservation areas, opening a path that may otherwise be unavailable. County approval would still be required, adding review and possible delays, so the overall benefit is meaningful but limited.

People behind it

  • Submitted the proposed zoning text amendment to allow data centers as a conditional use in the Agricultural Preservation District and is responsible for preparing and administering the AUAR scoping process.

  • Recommended a data-center definition and no zoning ordinance change.

Restrictions & requirementsHide restrictions & requirements3
  • The proposed amendment would allow data centers in the Agricultural Preservation District only as conditional uses, requiring a conditional-use permit rather than allowing them as of right.

  • To grant a conditional-use permit, the Board must consider effects on surrounding occupants’ health, safety, morals, general welfare, and land values, and make applicable findings, including consistency with the zoning ordinance and district purposes and no excessive burden on public facilities or utilities.

  • When granting a conditional-use permit, the Board may impose additional conditions; the Planning Commission may recommend those conditions.

Benefits & exceptionsHide benefits & exceptions1
  • The proposed amendment would allow data centers to apply for conditional-use permits in the Agricultural Preservation District. It was not yet adopted, and projects would still need county approval under the conditional-use criteria and any conditions imposed. Include Data Centers as a Conditional Use

Sources

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