Warren County
Anti-Data Center Policies
Warren County’s enacted data-center rules require conditional-use approval in light-industrial areas and bar projects in other listed districts, with strict site, cooling, and safety requirements.
current law · Unincorporated areasRequires data centers in unincorporated Warren County to follow zoning rules, with the County deciding which listed use they most resemble and what permit is needed.Warren County, Missouri Zoning Order (including data-center-specific amendments)
What this means
The order does not specifically regulate data centers, but new development needs zoning approval, and the County decides how to classify uses not listed in the order (unlisted uses). That may add a small amount of permitting uncertainty and delay, but the document does not impose data-center-specific limits or costs.
People behind it
- Warren County Planning and Zoning Commission
Presented and recommended the amendment to the Warren County Commission and is responsible for reviewing conditional-use, rezoning, subdivision, and related applications.
- Warren County Commission
Adopted the Zoning Order and has authority to amend, supplement, or change the Order and Zoning Map.
- Planning and Zoning Administrator
Administers and enforces the Zoning Order, receives applications, issues zoning permits, and conducts compliance inspections.
Restrictions & requirementsHide restrictions & requirements12
In unincorporated Warren County, land may be used only for a use expressly listed as permitted or conditional in the applicable zoning district. An unlisted use, such as a data center, may require the County Commission to classify it as most similar to an enumerated use before it can proceed (no use shall be permitted unless specifically listed).
A zoning permit is generally required before changing a property’s use, clearing or grading land, excavating, or constructing, moving, or substantially altering a building or structure (permits required).
A conditional use permit is required when the proposed classification of a data center is conditional in the applicable district. The application requires a public hearing, notice to property owners within 1,000 feet, newspaper publication, public posting at least 15 days before the hearing, and payment of applicable costs (notice of the public hearing).
The County may impose conditions on a conditional use permit addressing public health and safety, neighboring property impacts, development of surrounding property, utilities, buffering, access roads, drainage, open space, public services, and traffic congestion (may impose such conditions).
A data center may not begin its intended use, occupy its buildings, or sell subdivision lots until all Zoning Order requirements and any additional conditional-use requirements have been fulfilled, subject to limited authorization using a performance bond or other security (no occupancy, use, or sale of lots until requirements fulfilled).
The County may require applicants to pay for professional consulting services, including engineering, environmental, noise, structural, and legal expertise, in addition to ordinary application and inspection fees (require applicants from time to time to pay).
Zoning permits are void if work has not commenced within one year after issuance, requiring a new permit or renewed approval before development can proceed (within one (1) year after the issuance of a permit).
Buildings or occupied structures generally must connect to a sanitary sewer system or, if one is not reasonably accessible, an approved individual sewage disposal system (connected to a sanitary sewer system).
Utilities may not connect electric, gas, telephone, or water service to a building, structure, or site unless the appropriate County permit or approval has been granted and displayed (no utility to connect its lines).
Expansion of a nonconforming data center use or structure is restricted: a building or structure containing a nonconforming use may not be enlarged, extended, or structurally altered unless the use is brought into conformity with the district regulations (may be enlarged, extended, or structurally altered).
If a nonconforming building is damaged to 75% or more of its fair market value, it may not be restored except in conformity with the zoning district, and its nonconforming-use rights terminate. Damage below 75% must generally be repaired or reconstructed within 12 months to retain the prior use (damaged by any cause whatsoever to the extent of seventy-five percent).
Violations can result in a Class A misdemeanor, civil injunctions, permit revocation, and separate offenses for each day a violation continues (Each day a violation continues).
Benefits & exceptionsHide benefits & exceptions14
If a data center is not specifically listed as a use, the County Commission may classify it with the listed use it most closely resembles, providing a path for approval without an immediate text amendment to the Zoning Order. (Section 3.4B)
The I-1 Light Industrial and I-2 Heavy Industrial districts permit industrial uses such as light or heavy manufacturing and commercial indoor or outdoor storage, which may provide zoning categories under which a data center could be classified. Residential use is prohibited in both districts. (Sections 3.8 and 3.9; use tables)
Industrial lots have a minimum size of 22,000 square feet and a 50-foot minimum structure setback from rights-of-way, establishing relatively specific development standards for industrial facilities. (Sections 3.8B and 3.9B)
A use expressly permitted in the applicable district can proceed through a zoning permit issued by the Planning and Zoning Administrator rather than a conditional-use hearing, subject to compliance with the Order. (Sections 8.4A–D)
A conditional-use permit does not expire merely with the passage of time; it terminates only when the permitted use is discontinued, modified without permission, or revoked under the Order. Conditional-use permits are also transferable unless the individual permit says otherwise. (Sections 8.3A and 8.10)
For a conditional use, the Planning and Zoning Commission may impose conditions addressing utilities, buffering, access roads, drainage, open space, public services, and traffic, allowing infrastructure and operational requirements to be incorporated into the approval. (Section 8.6D)
Buildings requiring wastewater treatment must connect to a central sewer system when reasonably accessible, or otherwise use an approved individual sewage-disposal system, allowing development where centralized sewer service is unavailable. (Sections 3.4A and 8.4A)
Electric, gas, telephone, and water utilities may connect to a building or site once the appropriate County permit or approval has been granted and displayed, establishing a process for utility service connection. (Section 8.1G)
For subdivisions and larger developments, the regulations provide mechanisms for central water and sewer service, engineered utility and road plans, access review, and performance guarantees for required improvements, supporting construction of utility-served facilities. (Appendix B, Sections 1.12–1.15)
A lawful nonconforming use may continue even if later zoning regulations no longer allow it, and a use does not become lawful nonconforming merely because the prior Zoning Order was repealed. (Sections 1.5, 5.1, and 5.5)
A lawful nonconforming use may be changed to another nonconforming use of the same or a more restricted classification when no structural alterations are made, although it may not later be changed to a less restricted use. (Section 5.1)
Structures built before November 1985 may be rebuilt with the same footprint, providing a protection for redevelopment of qualifying existing facilities. (Section 5.2)
Minor repairs and routine maintenance of property with nonconforming situations are permitted and encouraged, allowing continued upkeep without eliminating the nonconforming status. (Section 5.8)
A valid permit or lawful approval issued before the current Order's effective date does not require changes to the approved plans, construction, size, or designated use. (Section 8.4E)
Sources
current law · Unincorporated areasRequires data centers in unincorporated Warren County to get conditional-use approval and follow rules for location, setbacks, height, water use, cooling, emergency planning, landscaping, and decommissioning.Warren County, Missouri data-center order (2026)
What this means
Data centers would need conditional-use approval in light-industrial areas and would be barred from other listed districts. Strict height and setback limits, a ban on evaporative cooling, and added environmental, emergency-planning, and decommissioning requirements would make projects much harder, though they would not be banned outright.
People behind it
- Warren County Planning and Zoning Commission
Recommended and presented the zoning amendment to the County Commission and reviews conditional-use permits and related zoning changes.
- County Commission of Warren County, Missouri
Adopted, enacted, finalized, and approved the Zoning Order and related amendments, including data center regulations.
- Planning and Zoning Administrator
Administers and enforces the Zoning Order, receives applications, issues zoning permits, and performs inspections and related permitting functions.
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- Zoning Enforcement Officer
Is responsible for enforcing and administering the zoning regulations.
Restrictions & requirementsHide restrictions & requirements19
Information technology and data processing facilities are allowed only as a conditional use in the I-1 Light Industrial District and are prohibited in the AG, CD, C-1, C-2, I-2, R-1, R-2, and FP districts (district use table).
A data center requires a Conditional Use Permit involving Planning and Zoning Commission review, public notice, mailed notice to affected property owners within 1,000 feet, newspaper publication, posted notice, and a public hearing; posted notice must be provided at least 15 days before the hearing (conditional-use hearing requirements).
Data centers must be at least 200 feet from every adjacent lot line and at least 300 feet from the nearest residential structure (setback and height requirements).
Data centers may not exceed 35 feet in height or two floors above ground, including antennas, mechanical equipment, roof peaks, and similar items (height limits).
When adjacent to residential or commercial land, at least 50 feet of the required setback must be maintained as a landscaped buffer with screening trees, and the vegetation and natural features must be maintained under an approved landscape maintenance plan (landscaped buffer requirements).
Data center applications must include detailed site-plan information, including property boundaries, facility footprints and heights, data halls, cooling systems, substations, transformers, backup power, fuel storage, utilities, lighting, access, emergency equipment, and transmission or interconnection facilities (site plan requirements).
Applicants must submit a tree and natural-resource preservation plan and a separate landscaping, buffering, screening, and tree-preservation plan addressing vegetation removal, replacement plantings, screening features, and ongoing maintenance (tree-preservation plan).
Applicants must submit a professional hydrology report addressing existing and post-development drainage, runoff, peak discharges, downstream impacts, flooding, erosion, sedimentation, water quality, and proposed stormwater controls (hydrology report requirements).
Applicants must submit an environmental impact report prepared by qualified professionals covering construction and operational effects such as noise, lighting, air emissions, water demand, wastewater, soils, wetlands, groundwater, vegetation, wildlife, energy demand, cumulative impacts, and mitigation measures (environmental report requirements).
Data centers may use only closed-loop or air-cooled systems for equipment cooling; evaporative cooling is prohibited in all forms, including direct, indirect, hybrid, supplemental, backup, cooling towers, mist or spray systems, and cooling ponds (cooling restrictions).
Facilities using closed-loop cooling must submit a Water Use Plan describing cooling-water use and additives, average and peak consumption, water sources, conservation measures, wastewater generation and disposal, and drought or water-shortage contingencies (Water Use Plan requirements).
Before approval, applicants must demonstrate that emergency-service providers have sufficient personnel, equipment, training, water supplies, and technical resources to respond to foreseeable facility incidents, including generators, hazardous materials, electrical failures, and cooling failures (emergency-response capability requirement).
Data centers must provide an emergency operations and response plan covering shutdown procedures, fire detection and suppression, hazardous materials, fuel storage, emergency access, 24-hour contacts, utility failures, backup power, and cooling failures; the plan must be updated at least annually after operations begin (emergency plan requirements).
Decommissioning may not begin without a decommissioning permit. The application must identify hazardous materials and major infrastructure, describe removal and disposal methods, address spill and environmental risks, and provide restoration and erosion-control measures (decommissioning permit requirement).
Expanding or modifying an approved data center is subject to new application processing; changes to permits or approved plans receive applicable hearing and procedural requirements, including public notice and hearings where required (permit modification process).
The intended use may not begin and buildings may not be occupied until the required zoning or conditional-use approval, all Order requirements, and additional permit conditions have been fulfilled (no occupancy before requirements are fulfilled).
The County may charge application and administration fees and require applicants to pay for professional consulting services, including engineering, soils, environmental, noise, structural, and legal review (fees and consulting costs).
Sites using four or more permanent standby generators must place the generators and associated fuel storage at least 100 feet from adjacent lot lines, screen them, use paved or concrete surfaces, and include them in an approved site plan; fuel deliveries generally are limited to 8:00 a.m. to 5:00 p.m. Monday through Friday (large-scale standby-generator requirements).
Large-scale standby generators may operate only during emergencies, must stop within two hours after primary power is restored, may be tested only from 8:00 a.m. to 5:00 p.m. Monday through Friday, and require on-site testing and inspection logs (standby generator operating limits).
Benefits & exceptionsHide benefits & exceptions11
Information Technology and Data Processing Facilities are allowed as a conditional use in the I-1 Light Industrial District, allowing data centers to be proposed there through the conditional-use process. They are not authorized in the other listed districts.
The order establishes a specific approval framework for data centers, including required site-plan, landscaping, hydrology, environmental, water-use, emergency-response, and decommissioning materials. All applications for approval must address these subjects.
A data-center development may occupy multiple lots, with the required 200-foot setback measured from the outer boundary of the combined development area rather than separately from each lot. Multiple lots developed together are permitted.
Conditional-use permits do not expire automatically; they remain effective unless the permitted use is discontinued, modified without permission, or the permit is revoked. Conditional use permits shall not expire.
Conditional-use permits are transferable to successors and assigns unless the individual permit provides otherwise, allowing an approved data-center project to change ownership or operators without automatically losing its permit. Conditional use permits are transferable.
A permitted project may be developed in phases or stages, with applicable zoning conditions applied to each phase, if the required phased plans and improvement schedules are approved. Development constructed in phases or stages may therefore proceed incrementally.
Changes to an approved project may be treated as part of the original permit when there is common ownership, the affected property is contiguous with the original permitted property, and the change continues or supports the original use. Public notice and hearing requirements still apply. Considered as part of the original permit.
The county may allow a permitted use or building occupancy to begin before every requirement is completed when circumstances beyond the permit holder’s control make waiting unreasonable, provided satisfactory security, such as a performance bond, is supplied and a compliance schedule is imposed. The Planning and Zoning Commission may authorize commencement of the intended use.
Lawfully existing data-center uses that later become nonconforming because of a zoning amendment or map change may continue until they are abandoned or changed to a conforming use. The nonconforming use may continue until abandoned.
Standby generators may operate as an accessory use to provide emergency power, including at sites with four or more generators. Generator locations, screening, testing, fuel storage, and site-plan requirements apply, and generators may not replace or supplement primary power during non-emergency periods. The rules do not impose a four-generator maximum, so additional generators may be used if otherwise permitted. No amendment limiting the number of generators to four.
Electric power, telephone, telegraph, cable television, gas, water, and sewer lines located within a public right-of-way do not require a zoning or conditional-use permit under the listed exemption, simplifying placement of qualifying utility infrastructure. Listed utility lines are covered by the exemption.
Sources
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