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Regbase

The Data Center Divide

Adams County

Anti-Data Center Policies

Adams County allows data centers only in I-1 or I-2 industrial districts with a conditional-use permit, and requires reporting and noise limits. Nearby property-owner agreements may also be required.

current law · Unincorporated areas outside the listed municipalities’ extraterritorial zoning jurisdictions
Establishes Adams County-specific zoning requirements for the siting and approval of data centers.Adams County Resolution No. 2023-08-15-03, Data Center Regulations

What this means

The rule allows data centers only in the I-1 and I-2 industrial districts, and only with a conditional-use permit, which can limit where projects go and add approval delays (allowed by conditional use permits). It also requires ongoing reporting and noise limits, and may require an agreement with nearby property owners, creating meaningful hurdles for development and operation (annual report and noise standards).

People behind it

  • Adopted the zoning resolution and is responsible for its amendments.

  • Recommended the zoning districts and regulations and provided recommendations on proposed amendments.

  • Administers and enforces the zoning regulations.

Restrictions & requirementsHide restrictions & requirements12
  • Data centers and accessory structures require a conditional use permit and are allowed only in the I-1 and I-2 Industrial Districts; uses not listed in a district are prohibited. conditional use permits in the I-1 and I-2 Industrial Districts

  • A conditional use permit requires public hearings and approval by the County’s governing body following a Planning Commission recommendation. The application has a nonrefundable fee; notice must be published at least 10 days before each hearing, and nearby property owners within 300 feet must be notified. public hearing

  • The applicant must address infrastructure capacity and impacts, as well as employment density relative to industrial land available in the county, as part of the data-center permit criteria. consideration of available infrastructure capacity

  • Data centers must comply with the county’s industrial performance standards and appearance criteria. These include requirements addressing noise, waste, air contaminants, odors, vibration, glare, and heat, as well as site and building design. Performance Standards for Industrial Uses

  • Noise is limited to no more than 20 decibels above normal ambient noise at a quarter mile from the data center. The stated maximum is 55 dBA at the property line of specified sensitive uses within a half mile. Noise level cannot exceed

  • The permit holder must submit an annual report detailing compliance with the industrial performance and appearance standards, based on at least semiannual measurements of noise, liquid waste, heat, and light. submit an annual report

  • The premises must be kept neat and orderly, fenced and secured; buildings and containers must be kept clean and orderly, and noxious weeds must be controlled. area is to be fenced

  • A data center may not be within a half mile of an existing residence, public park, cemetery, house of worship, or hospital unless it obtains an impact easement from the relevant owner. shall not be within one half mile

  • If a data center stops operating for more than 12 consecutive months, all equipment must be removed and the property restored to its original condition at the owner’s expense. more than twelve consecutive months

  • A change in ownership of the structures, data-mining operation, or land must be reported to the Adams County Zoning Department. requires notification

  • The regulation’s data-center definition excludes retail sales, telephone call centers, and customer-service operations as accessory uses. Accessory uses shall not include retail sales

  • In addition to the conditional use permit, construction or alteration of a building or structure generally requires a zoning permit, and a certificate of occupancy is required before a structure or land is used. It shall be unlawful to commence

Benefits & exceptionsHide benefits & exceptions3
  • Data centers and accessory structures may be approved by conditional use permit in the I-1 and I-2 Industrial Districts. This makes them eligible for development in those districts, subject to the permit and applicable criteria. allowed by conditional use permits in the I-1 and I-2 Industrial Districts

  • A data center may be located within one-half mile of an existing residence, public park, cemetery, house of worship, or hospital if it obtains an impact easement from the owner of the affected property or entity. without obtaining an impact easement

  • An approved conditional use permit is attached to the property and remains in effect unless the use ends for 36 consecutive months or the permit is revoked for a violation. This supports continuity of an approved use at the site, subject to those limits. permanently attached to the property

Sources

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