Sarpy County
Neutral Data Center Policies
Sarpy County allows data centers as principal uses in Light Industrial and Heavy General Business districts, while General Business sites need a special-use permit; industrial sites must meet noise and other performance standards.
current law · Unincorporated areas outside the corporate limits or zoning jurisdiction of any city or villageEstablishes zoning controls for unincorporated Sarpy County and areas where municipalities do not exercise zoning jurisdiction, promoting orderly development, public safety, compatible land uses, agriculture, infrastructure, flood and stormwater protection, and historic-resource preservation through the adopted regulations, effective following required adoption, publication, and filing.Sarpy County Zoning Regulations, Resolution 2024-030 (2024)
What this means
Data centers are expressly allowed as principal uses in the Light Industrial and Heavy General Business districts, which makes siting easier there (“Data Centers”). In the General Business district they need a special-use permit, and industrial sites must meet noise and other performance standards, so the overall effect is a modest benefit rather than a major incentive (special-use permit).
People behind it
- Sarpy County Board of Commissioners
Adopted and approved the Zoning Regulations by resolution and has authority to amend, enforce, and approve related permits.
- Director of Planning
Administers and enforces the Zoning Regulations, reviews compliance, and oversees permitting and enforcement actions.
- Sarpy County Planning Commission
Reviews proposed amendments, rezonings, and special-use applications and makes recommendations to the County Board of Commissioners.
Restrictions & requirementsHide restrictions & requirements14
Data centers are permitted by right in the IL Light Industrial District, but they must comply with the district’s environmental performance standards, including enclosed operations, limits on noise, air contaminants, odors, gases, vibration, glare, and heat; noise generally may not exceed 80 decibels at the property line. IL principal permitted uses and performance standards
Data centers in the BG General Business District require a Special Use Permit rather than being a permitted use. Data Centers
A BG data center Special Use Permit requires Planning Commission review and recommendation, a County Board public hearing, newspaper notice at least 10 days before the hearing, written notice to property owners within 300 feet, and approval by a majority of the County Board. Special Use Permit procedures
A Special Use Permit may be denied unless the County finds that the data center will not harm public health, safety, or welfare; will not impair nearby property use or values; will not impede surrounding development; has adequate utilities, access, drainage, and facilities; and will not create unacceptable traffic, noise, vibration, pollution, odor, or utility burdens. Special-use performance standards
Construction, structural alteration, enlargement, relocation, or occupancy of a data center generally requires a County building permit, and the proposed use must conform to the zoning regulations before the permit is issued. Building permit requirement
Before applying for a building permit, the owner must obtain zoning-compliance review by submitting a scaled site plan and related calculations showing buildings, height, access, parking, drainage, grading, utilities, recreation areas, open space, landscaping, and land use; the Director may require additional plans and information. Zoning-compliance submission requirements
Building permits expire if construction has not started within 180 days, if work stops for more than 180 days, or, unless otherwise provided, if construction is not completed within one year; only a written 90-day extension is available. Permit expiration rules
All new development and significant redevelopment that may affect stormwater must include post-construction stormwater management, including Low Impact Development measures controlling the first one-half inch of runoff; projects creating at least 5,000 square feet of impervious coverage must submit a stormwater management plan. Post-construction stormwater requirements
Grading, clearing, or excavation disturbing more than one acre and requiring a general NPDES construction permit requires a County grading permit and an NDEQ permit application; the grading-permit fee is $500 for 10 acres or less and $1,000 for more than 10 acres. Grading permit and fee requirements
New development or significant redevelopment within the Papillion Creek Watershed must pay watershed fees collected when the building permit is issued, with fees determined under the County’s Master Fee Schedule. Watershed fee requirement
Commercial and industrial developments must provide a 20-foot landscaped buffer along streets or highways and the entire perimeter, with specified trees and shrubs; more intensive uses next to less intensive uses must provide a landscaped side- and rear-yard buffer of at least 20 feet. Landscaping and buffer requirements
Data centers must provide off-street parking and loading. The general parking standard for an unlisted use is one space per 350 square feet of usable floor area, and commercial or industrial buildings with at least 5,000 square feet must provide loading areas at the specified 500-square-foot-per-loading-space rate. Parking and loading requirements
A data center in the HC Highway Corridor Overlay District is subject to additional corridor requirements, including pedestrian connections, parking-block design, screening of outdoor storage, HVAC equipment, utilities, and trash facilities, lighting controls, and architectural and landscaping standards; the overlay also requires industrial uses as defined by Section 23 to obtain a Special Use Permit. Highway Corridor Overlay requirements
A data center may not discharge prohibited non-stormwater, sanitary sewage, pollutants, or specified commercial and industrial wash waters into the municipal storm sewer system; violations can require corrective work, cost recovery, penalties, and nuisance abatement. Stormwater discharge prohibitions
Benefits & exceptionsHide benefits & exceptions6
Data centers are expressly allowed as a principal permitted use in the Light Industrial (IL) District, so an otherwise compliant project does not need a special-use permit solely because it is a data center. Data Centers
Data centers are expressly allowed as a principal permitted use in the Heavy General Business (BGH) District. Data Centers
Data centers are allowed in the General Business (BG) District through a special-use permit, subject to the County's special-use review and approval process. Data Centers
The definition of data center expressly includes related accessory facilities such as staff offices, water-storage tanks, cooling towers, network systems, fuel-storage tanks, guardhouses, security offices, chillers, transformers, and engine generators, helping these components be treated as part of the data-center use. accessory uses
In nonresidential districts, including the business and industrial districts where data centers may be located, buildings may cover up to 75% of the lot, subject to other applicable requirements. seventy-five percent
A lawfully established data center use that later becomes nonconforming may generally continue. The protection is limited: the use cannot be changed to another nonconforming use, expansion generally requires conformity with current district regulations, and the protection ends after 12 months of discontinuance. may be continued
Sources
Specific to Sarpy County only.
expired · County measureExpresses the Sarpy County Board of Commissioners’ opposition to LB 209, LB 32, LB 49, and related legislation during the 2023 Nebraska legislative session and directs County lobbyists to oppose those measures.Sarpy County Resolution 2023-030, Opposing Certain Legislative Bills to Be Considered During the 2023 Nebraska Legislative Session
What this means
The resolution directs county lobbyists to oppose LB 209’s proposed tax exemptions for data centers, but it does not itself change taxes or restrict data center construction or operations. Its practical effect on data centers is therefore uncertain and likely limited.
People behind it
- Sarpy County Board of Commissioners
Introduced and adopted Resolution 2023030 opposing the specified Nebraska legislative bills.
Benefits & exceptionsHide benefits & exceptions1
LB 209 would add data centers to property, sales, and use tax exemptions, including exemptions for servers, temperature-control infrastructure, and electric-power infrastructure used to construct and operate a data center; the listed equipment would be exempt from personal property tax.
Sources
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