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The Data Center Divide

Platte County

Anti-Data Center Policies

Platte County’s zoning rules permit data processing in Business Park districts but require site-plan review and infrastructure compliance; unlisted uses in Planned Industrial districts may need a special-use permit, potentially adding cost or delay.

current law · Unincorporated areas
Does not specifically regulate data centers; proposed facilities are subject to the county’s general zoning, site-plan, and infrastructure requirements.Missouri Platte County Chapter 400 Zoning Regulations

What this means

The order does not specifically regulate data centers, and it lists data processing as a permitted Business Park use. But projects would still face site-plan review and infrastructure requirements, and in Planned Industrial districts a use not otherwise listed may need a special-use permit. Those steps could add costs or delay development, without amounting to a ban.

People behind it

  • Adopted and enacted the comprehensive zoning regulations known as the Platte County Zoning Order of 1990.

  • Reviews and acts on special-use permits, amendments, site development plans, and related zoning matters.

  • Enforces the Zoning Order and administers building permits, certificates of occupancy, violations, and related approvals.

Restrictions & requirementsHide restrictions & requirements14
  • Data processing is expressly listed as a permitted use only in the Planned Business Park (BP) District; uses not authorized in a district are prohibited unless approved as a special use. Data processing and other business services

  • A nonresidential data center generally requires an approved site development plan before a building permit or certificate of occupancy may be issued, with review by the Planning and Zoning Director, County Engineer, and Planning Commission. No building permit shall be issued

  • A BP development must be at least 20 acres overall, with individual business-park lots of at least one acre. The minimum size of a business park development shall be twenty (20) acres

  • A BP development must have direct access to at least one primary or secondary arterial, including a direct connection to the thoroughfare at the project boundary. Direct access available to at least one (1) primary or secondary arterial

  • BP developments must be developed by a single owner and must submit protective covenants addressing architecture, site improvements, maintenance, and sign standards. A business park shall be developed by a single owner

  • BP buildings and parking or service areas must meet specified setbacks, including 40 feet to a structure and 20 feet to parking or service areas from the front property line, and additional side and rear setbacks. The minimum depth of the front yard shall be forty (40) feet

  • BP uses must keep stored or sold products and production materials inside buildings or screen them from public streets; overnight company vehicles and fleet trucks must also be stored inside or screened. All products that are stored or sold and materials used in production shall be kept inside a building

  • Each BP occupancy must have limited public contact, must not produce unusually high traffic volumes, and must involve a low incidence of heavy-truck traffic. Each occupancy shall be of a type that has limited contact with the general public

  • All uses must comply with performance standards prohibiting dangerous or objectionable conditions, including excessive noise, vibration, smoke, dust, odors, glare, toxic materials, and improper waste discharges. No land or building in any district shall be used or occupied

  • Parking and loading must be provided off-street; parking for uses not specifically listed is determined by the Planning Commission, and nonresidential loading berths are required based on gross floor area. For all uses not covered

  • A stormwater management plan is required for site development plans when impervious surface increases by more than 10% or total post-construction impervious area exceeds 20% of the site, unless waived by the Director; runoff must generally be controlled to predevelopment peak rates for the 1%, 10%, and 100% storms. if there is an increase of impervious surface

  • Land disturbance of one acre or more for non-agricultural development requires a County Land Disturbance Permit and an approved sediment and erosion control plan; the permit generally cannot be issued before approval of the applicable development plan or special use permit. one or more acres

  • A certificate of occupancy is required before a data center or other building, structure, or land may be used or occupied, and it may be denied if the project does not comply with the Zoning Order, building code, approved plans, or required improvements. No building, structure or land shall be used or occupied

  • Proposed development may be denied if the existing surrounding infrastructure does not meet the County's minimum infrastructure requirements; the standards apply to rezoning, preliminary plats, special use permits, and site development plans in unincorporated Platte County. Applications for a Rezoning, Preliminary Plat, Special Use Permit or Site Development Plan may be denied

Benefits & exceptionsHide benefits & exceptions9
  • Data processing and other business services are permitted uses in the Planned Business Park (BP) District, allowing a data-processing facility to locate there as a matter of right, subject to BP development standards and performance requirements. Data processing and other business services are listed among permitted BP services.

  • The BP District also permits electronic-equipment assembly, testing, warehousing, wholesale distribution, offices, laboratories, and related services, allowing a data-center campus to combine data-processing operations with supporting functions in one district. The district requires a minimum 20-acre business-park development, one-acre lots, arterial access, screening of outside materials and vehicles, and compliance with architectural and environmental standards. Assembly, fabrication and light manufacturing of electronic equipment and related uses are permitted.

  • The Planned Unit Development (PUD) process allows flexible design of buildings, yards, circulation, common areas, and parking while reallocating permitted density within the development. PUDs may be used in any district except AG, with a recommended minimum site size of three acres for commercial development and 40 acres for industrial development. Commercial and industrial uses must still be allowed by the underlying zoning, and the PUD cannot increase the applicable district's overall intensity or density. greater flexibility in the design of buildings, yards, courts and circulation is authorized.

  • A nonresidential site development plan is treated as approved if the Planning Commission takes no action, including tabling, within 60 days after the Director of Planning and Zoning and County Engineer complete their review. This can provide a defined permitting deadline for a data-center project, although the plan must still comply with applicable requirements and prior departmental review is required. the site development plan shall be considered approved if no action is taken within the stated period.

  • Building-permit applications for nonresidential buildings or structures must be reviewed and acted upon within 30 days of receipt. This is a permitting timetable for data-center construction, subject to the application being complete and compliant. all other types of buildings or structures are subject to the 30-day review period.

  • A special-use approval runs with the land rather than only benefiting the original applicant or owner. If a data-center-related use requires a special-use permit, this provides continuity upon transfer of the property, although the Planning Commission may impose conditions, require renewal, or limit the permit's duration. The Planning Commission's approval of a special use shall run with the land.

  • A lawful nonconforming data-center use may continue after zoning regulations change, provided the use is not expanded and is not discontinued for six consecutive months. This protects continued operation against later restrictions but does not authorize expansion of the nonconforming use. A non-conforming use of land, existing at the time of adoption of this Order, may be continued.

  • A nonconforming building that remains conforming as to use may be enlarged or added to if the expansion complies with the district's yard, height, and off-street-parking requirements. This can allow expansion of an existing data-center building despite preexisting dimensional or parking nonconformities. if a building or structure is conforming as to use but nonconforming as to yards or height or off-street parking space, enlargement is allowed subject to the stated conditions.

  • Communication towers may be approved by special-use permit in BP, PI, and CH districts, and antennas may be installed on existing structures in all zoning districts if the chapter's requirements are met. Certain antenna additions may receive administrative approval rather than a special-use permit, including additions of no more than 20 feet to an existing structure or tower and, for existing towers, no more than a 25% increase in facility area. These provisions can support communications infrastructure associated with a data-center site. Towers may be permitted by a special use permit in the listed districts.

Sources

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