Cleveland County
Pro-Data Center Policies
Cleveland County permits data centers in Light and Heavy Industrial districts, making approval there more straightforward; they are not permitted in other zoning districts under this rule.
current law · County measureRequires land, buildings, and structures in each zoning district to be used or erected only for uses listed in the Table of Permitted Uses, subject to applicable ordinance conditions.Cleveland County Unified Development Ordinance § 12-124, Table of Permitted Uses
What this means
The amendment would explicitly allow data centers in Light and Heavy Industrial districts, making approval there more straightforward by adding data centers to those districts. The benefit is limited because it does not make data centers permitted in other zoning districts.
People behind it
- Michael Brown
Applicant who requested rezoning Parcel 57853 from Residential to General Business.
- Travis Hamrick
Co-applicant who requested rezoning Parcel 5258 from Residential to Neighborhood Business.
- Kristen Benton Hamrick
Co-applicant who requested rezoning Parcel 5258 from Residential to Neighborhood Business.
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- Jeffrey DeCaro
Applicant who requested rezoning Parcel 61396 from Residential to Neighborhood Business Conditional Use for a recreational vehicle park.
- Michael Aho
Applicant who requested rezoning Parcel 10481 from Light Industrial to Heavy Industrial.
- Grover Industries, LLC
Requester of the text amendment adding Data Centers as permitted uses in the Light Industrial and Heavy Industrial districts.
- Cleveland County Board of Commissioners
Legislative body that approved the zoning actions and adopted the text amendment adding Data Centers to the Light Industrial and Heavy Industrial districts.
Restrictions & requirementsHide restrictions & requirements10
Data centers are permitted by right only in the Light Industrial (LI) and Heavy Industrial (HI) districts; they are not listed as permitted in the other districts. The ordinance states that a use not listed or similar to a listed use is prohibited. Data Centers are listed only in LI and HI
A data center proposed outside the LI or HI districts would require a zoning-map amendment, which must follow the same procedures as other amendments to the zoning ordinance. Amendments to an official zoning map
In a conditional zoning district, there are no uses by right; a data center could operate only if it is expressly authorized by the zoning amendment and must comply with the approved conditions. There are no uses by right in a conditional use district
A data center in a floodplain overlay may be used only to the extent the use is also permitted by the floodplain overlay; the overlay can restrict uses that create flood, erosion, safety, or property hazards and can regulate filling, grading, dredging, and flood barriers. The floodplain overlay limits uses to those also permitted in the overlay
In a water-supply overlay, storage of toxic or hazardous materials is excluded unless a spill-containment plan is implemented. Development is also subject to built-upon-area limits of 24 percent in the watershed balance and 12 percent in critical areas, plus minimum vegetative buffers of 30 feet, or 100 feet when using the 70-percent built-upon-area option. Nonresidential development exclusions and spill-containment requirement
New development is generally prohibited within the water-supply overlay buffer, except for water-dependent structures and certain public projects where no practical alternative exists. No new development is allowed in the buffer
A data center within an airport overlay must comply with site-specific height limits for structures and trees, may not create specified aviation hazards, and requires a permit before a material change of land use or before erecting, altering, planting, or establishing a structure or tree in a protected airport surface. Permits are required for future uses in protected airport surfaces
In the corridor-protection overlay, at least 60 percent of parking and all loading and storage areas must be placed beside or behind the principal structure, subject to limited administrator exceptions; dumpsters must generally be in the rear yard. At least 60 percent of all parking
The corridor-protection overlay limits highway access: lots with more than 500 feet of arterial frontage must space access points at least 400 feet apart, lots with less than 500 feet generally receive only one access point, and corner or reverse-frontage lots must use the more minor thoroughfare. Access-point spacing and limits
Industrial uses, including a data center classified as an industrial use, must provide one off-street parking space for every two employees at maximum employment on a single shift, and a certificate of occupancy cannot be issued until required parking is installed and ready for use. Parking required for wholesaling and industrial uses
Benefits & exceptionsHide benefits & exceptions1
Data centers (NAICS 518210) are added to the Table of Permitted Uses as permitted-by-right uses in the Light Industrial (LI) and Heavy Industrial (HI) districts, so they do not require a special-use permit solely because they are data centers. The use remains subject to the district’s other applicable requirements and conditions. (Data Centers)
Sources
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