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The Data Center Divide

Dawson County

Anti-Data Center Policies

Dawson County requires data centers to obtain conditional-use approval, generally stay one mile from listed sensitive sites, and meet noise limits with barriers; an easement may allow closer siting.

current law · Unincorporated areas within the county's zoning jurisdiction
Approves an amendment to Dawson County’s zoning regulations allowing data-mining and data-center uses in the Industrial and General Agriculture zones after a public hearing, as reflected in the meeting record.Dawson County Resolution No. 2022-46, Amendment to the Dawson County Zoning Resolution

What this means

The measure would allow data centers in Industrial and General Agricultural zones, but require conditional-use approval and impose a one-mile buffer from listed sensitive sites, a noise study, and noise barriers for new operations. An impact easement could allow closer siting, but the approval, noise, and location requirements would still add meaningful costs and limit site choices.

People behind it

  • Prepared the zoning resolution and recommended the zoning amendment allowing data mining and data centers.

  • Adopted the zoning resolution and approved Resolution No. 2022-46 amending it.

  • Moved approval of Resolution No. 2022-46 amending the zoning regulations.

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  • Seconded the motion to approve Resolution No. 2022-46.

  • Responsible for administering and enforcing the Dawson County Zoning Regulations.

Restrictions & requirementsHide restrictions & requirements9
  • New data mining or data center operations in the General Agricultural or Industrial districts require a conditional use permit, including Planning Commission review, a public hearing, and approval by the County Board. Public notice must be published at least 10 days before the hearing. The use was approved for the Industrial and General Ag zones.

  • A new data mining or data center operation must be at least one mile from any existing dwelling, platted residential area, public park, recreational area, church, cemetery, religious area, school, or historical site. The one-mile separation requirement applies to new operations.

  • A noise study must be completed before the conditional-use public hearing for a data mining or data center operation. A noise study must be completed prior to a public hearing.

  • Noise from a data mining or data center operation is limited to a maximum one-hour level of 55 dBA, measured at the boundary of adjacent residential properties with an ANSI Type II or better sound-level meter using A-weighted response. Maximum decibel levels shall be limited to 55 dbA.

  • Noise-reduction barriers are required for data mining and data center operations. Noise reduction barriers will be required.

  • An applicant seeking to locate closer than the one-mile separation distance must obtain an impact easement from every existing use or dwelling within the required separation distance. An Impact Easement from any existing use or dwelling.

  • Before construction, alteration, or use of a data center, a zoning permit is required, and the application must include a site plan showing the lot, structures, proposed use, utilities, and sanitary facilities. It shall be unlawful to commence such work without the permit.

  • If a data center is located in the Industrial district, the applicant must submit a development site plan for Planning Commission review and approval, including topography, surrounding infrastructure, building locations, setbacks, parking, traffic flow, utilities, drainage, and signs. An applicant for a zoning permit and/or a conditional use permit in the I-1 Industrial District must submit the plan.

  • Industrial-district data centers must comply with industrial performance standards, including restrictions on noise, hazardous or damaging liquid discharges, air contaminants, objectionable odors, vibration, glare, and heat at the property line. No use shall be permitted if it creates specified nuisance or hazard conditions.

Benefits & exceptionsHide benefits & exceptions5
  • Data mining and data center operations are allowed as conditional uses in the Industrial (I-1) and General Agricultural (AG) districts, subject to approval through the conditional-use process. The Board minutes state that the amendment authorized these uses in the Industrial and General Ag zones.

  • A conditional-use approval can authorize a permitted conditional use to be enlarged or altered, providing a formal pathway for expansion rather than requiring the use to remain at its original size or configuration. The regulation allows uses to be permitted, enlarged, or altered upon application for a conditional use permit.

  • If a conditional-use permit is issued, the data center use is treated as a conforming use rather than a nonconforming use, avoiding the restrictions that generally apply to nonconforming operations. Section 3.06 states that a use with a conditional-use permit is deemed a conforming use in such district.

  • The standard one-mile separation requirement for a new or expanded data center may be reduced if the operator obtains an impact easement from an existing use or dwelling within the required separation area. This creates a mechanism to locate or expand closer than one mile, subject to the required easement. The regulation provides that an applicant building [closer than allowed in 6.23(1)] must obtain an impact easement from affected existing uses or dwellings.

  • For the zoning-permit stage, the Zoning Administrator must issue a written permit or denial with reasons within 15 days after accepting a complete application, creating a defined administrative decision deadline. The deadline applies to a written permit, or denial, thereof.

Sources

current law · Unincorporated areas under the county's zoning jurisdiction
Regulates new data mining and data center operations by requiring a one-mile separation from specified sensitive uses, including dwellings, residential areas, parks, schools, churches, cemeteries, recreational areas, and historical sites.Dawson County Zoning Resolution § 6.23, “Data Mining/Data Center Operations”

What this means

The measure creates significant barriers: new data centers need a conditional use permit, must generally be at least one mile from listed sensitive places, and must meet noise limits and install noise barriers. An impact easement can allow a project to build closer, but getting one may be difficult. The one-mile separation and noise requirements are meaningful restrictions, though they do not ban data centers outright.

People behind it

  • Prepared the zoning resolution and recommended zoning districts and regulations.

  • Adopted the zoning resolution and is authorized to approve amendments, conditional use permits, and other measure-related actions.

  • Administers and enforces the zoning regulations, issues zoning permits, and performs related administrative duties.

Restrictions & requirementsHide restrictions & requirements12
  • New data mining or data center operations require a Conditional Use Permit rather than being allowed outright, subjecting them to review under the county's conditional-use process.

  • A Conditional Use Permit requires a public hearing, Planning Commission recommendation, and approval by a majority vote of the County Board of Commissioners.

  • A new data mining or data center operation must be located at least one mile from any existing dwelling, platted residential area, public park, recreational area, church, cemetery, religious area, school, or historical site.

  • Before the Conditional Use Permit public hearing, the applicant must complete and submit a noise study.

  • Operations are limited to a maximum one-hour noise level of 55 dBA, measured at the boundary of adjacent residential properties using a Type II or better sound-level meter with A-weighted response.

  • Noise-reduction barriers are required to reduce noise contamination from the data mining or data center operation.

  • An owner seeking to build a new or expanded data mining or data center operation closer than the required one-mile separation must obtain an Impact Easement from every existing use or dwelling within the required separation distance.

  • A zoning permit is required before constructing, enlarging, altering, moving, occupying, or changing the use of a building or land; the application must include a site plan and other information needed to enforce the zoning regulations.

  • Zoning and subdivision-related fees must be paid before the county issues or investigates the applicable permit or request, with the fee amounts set by a separate County Board resolution.

  • A Conditional Use Permit becomes invalid 12 months after the County Board's order if the applicant has taken no action, unless a longer period was specifically granted.

  • A zoning permit expires after two years if the permitted work has not been completed, unless the Zoning Administrator grants a written extension.

  • Violating the zoning regulations or constructing, altering, or converting a structure without first obtaining the required permit is a Class III misdemeanor, and each day after notice may be treated as a separate offense.

Benefits & exceptionsHide benefits & exceptions2
  • The land-use matrix allows Data Mining and Data Center operations in designated zoning districts, subject to the applicable district classification and Section 6.23 requirements, allowing them to be pursued through the zoning process rather than being categorically prohibited. Data Mining and Data Centers

  • A proposed data center may locate closer than the required one-mile separation from an existing dwelling or other protected use if the owner obtains an Impact Easement from each affected existing use or dwelling. requests to build closer than allowed

Sources

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