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The Data Center Divide

Sherburne County

Anti-Data Center Policies

Sherburne County’s enacted zoning ordinance requires conditional-use approval for data centers in commercial and industrial districts, while excluding them from other listed districts, including heavy industrial. Reviews may add time and conditions on access, utilities, noise, and lighting.

current law · Unincorporated areas, excluding Becker Township and portions of Haven Township within the Orderly Annexation area
Requires data centers to get county approval in commercial or industrial areas and prohibits them in all other zoning districts.Sherburne County Zoning Ordinance No. 292 (2026)

What this means

Data centers would need conditional-use approval in commercial and industrial districts and would not be allowed in the county’s other listed districts, including heavy industrial (district use limits). Reviews can add time and conditions on access, utilities, noise, and lighting, creating significant barriers but not an outright ban (conditional-use standards).

People behind it

  • Passed and approved the ordinance and adopted Ordinance No. 292, replacing the prior county zoning ordinance. Passed and approved this Ordinance; Adopted Ordinance No. 292

  • Designated to administer and enforce the ordinance. Administered and enforced by the Zoning Administrator

Restrictions & requirementsHide restrictions & requirements12
  • Data centers/server farms are prohibited in the Agricultural, General Rural, Urban Expansion, Hamlet, and Heavy Industrial districts. They may be considered only with a conditional use permit in the Commercial or Industrial district.

  • A conditional use permit requires findings that the project fits the comprehensive plan, is compatible with the neighborhood, will not harm nearby property or impede surrounding development, and has adequate utilities, access, parking, and controls for noise, odors, dust, vibration, and lighting. The County Board decides whether to grant the permit.

  • A conditional-use application must include specified project, operating, site-plan, septic-compliance, and insurance information; township comments are required for a complete application, and the application goes through a public hearing.

  • After denial, an application for the same purpose generally cannot be heard for one year.

  • Conditional-use and recording fees are required and non-refundable; the County Board may also require an annual inspection fee.

  • A conditional use permit cannot be transferred to another premises. A change in ownership or control requires a new application.

  • Commercial and Industrial districts impose minimum parcel sizes: 20 acres for unplatted parcels, or 22,500 square feet for platted Commercial parcels and 30,000 square feet for platted Industrial parcels. Buildings are generally limited to 50 feet in height, and road, side, and rear setbacks apply, with larger setbacks near housing.

  • Commercial or Industrial development next to existing residential development or land planned or zoned for housing must be screened from the housing site. Industrial outdoor storage must also be screened from non-industrial districts, except farm fields.

  • Commercial and Industrial uses must meet performance standards covering noise, odors, glare, exterior lighting, vibration, emissions, fumes or gases, fire and explosion hazards, and private sewer and water conditions.

  • Parking must be provided on site. Because no data-center parking ratio is specified, the County Board and Planning Advisory Commission determine the requirement by reference to a similar use.

  • A building permit is required before erecting, altering, or moving a building, and driveway access must be approved by the road authority.

  • Qualifying construction or land-disturbing projects within the ordinance’s unincorporated urbanized-area scope require a Stormwater and Erosion Control Permit and an approved stormwater pollution prevention plan. Before the permit and associated land-use approvals are granted, the County requires a financial guarantee equal to 125% of site grading and erosion/sediment-control costs.

Benefits & exceptionsHide benefits & exceptions1
  • Data centers/server farms may seek a conditional use permit in Commercial and Industrial districts; they are not allowed in the other listed districts. Approval requires findings that the use will not injure nearby property or impede orderly development; utilities, access, drainage, and parking are adequate; and noise, dust, odors, vibration, and lighting are controlled. Data Centers / Server Farms conditional-use findings

Sources

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