Data centers are allowed only by special-use permit in the Industrial (I) zoning district and are not permitted in other general-use districts.

A major site plan is required and must receive Technical Review Committee review and approval.

Data centers may not be proposed through a conditional rezoning application.

A 100-foot perimeter setback is required.

A data center may not be constructed or newly located within two miles, measured property line to property line, of an existing dwelling on another property, residential zoning district, library, nursing facility, domiciliary care facility, day care facility, park, religious institution, or school.

Data centers may not be located on sites visible from NCDOT- or Henderson County-designated Scenic Byways.

No structures, equipment, storage, or buildings may be located within a Special Flood Hazard Area.

A zoning permit is required before constructing, moving, adding to, or structurally altering a data-center structure, or expanding or changing its use. The site plan must be approved before the zoning permit, and the zoning permit must be obtained before the building permit.

A zoning permit becomes void if a building permit is not obtained or substantial construction progress is not made within six months; the Zoning Administrator may grant one extension of up to six additional months for sufficient justification.

Facilities totaling 4,000 square feet or more across all buildings are classified as data centers; facilities totaling less than 4,000 square feet are regulated as manufacturing and processing operations.

Operations may not run between 9:00 p.m. and 6:00 a.m. or at any time on Sundays.

Cumulative operational noise measured within a 100-foot buffer from the facility perimeter may not exceed 50 decibels.

Noise-monitoring equipment must be calibrated every six months, and an annual calibration report must be submitted to the Zoning Administrator.

The facility must be completely enclosed by an NCDOT-approved precast sound wall at least eight feet high, with a B2 buffer on all exterior sides.

The electrical disconnect switch must be clearly marked and unobstructed, and the electric utility must have access to it at all times or an on-site manager must be present at all times.

All new power transmission lines to a building, structure, or utility connection must be installed underground.

Lighting mitigation is required.

A stormwater management permit is required for all development and redevelopment unless exempt under water-quality regulations. Runoff-control plans must be prepared and certified by a qualified North Carolina professional engineer or landscape architect.

An approved stormwater plan becomes void if substantial progress is not made within one year; the Water Quality Administrator may grant one additional year for good cause if requested in writing before expiration.

Before a certificate of occupancy may be issued for a project subject to stormwater approval, certified as-built plans and final inspection and approval by the Water Quality Administrator are required.

In a water-supply watershed, construction, structural alteration, expansion, change of use, or conversion to impervious surface requires a Water Supply Watershed Use Permit before the building permit. The permit becomes void if a building permit is not obtained within six months, subject to one extension of up to six months.

A structure in a water-supply watershed may not be occupied until a Watershed Protection Compliance Permit is issued after inspection and certification.

New development exceeding the applicable low-density watershed option requires a Watershed High-Density Development Permit, development and stormwater plans, acceptable performance security, and an Operation and Maintenance Agreement; review may take up to 65 days.

Violations may result in a $50 civil penalty for each continuing day, injunctions, abatement orders, or a stop-work order. Work may not resume after a stop-work order until authorized by Code Enforcement Services or a court.

Data centers are expressly included in the permitted and special-use tables, creating a zoning pathway in districts where the use is listed and subject to applicable requirements; the amendment does not add locations or relax existing standards.

Data centers smaller than 4,000 square feet are regulated as manufacturing and processing operations.

In the Industrial District, data centers and cryptocurrency-mining operations may be approved through a Special Use Permit rather than being prohibited outright.

Industrial District applications require a major site plan reviewed by the Technical Review Committee, which must act within 30 days after reviewing the site plan.

Data centers may not be applied for through a conditional rezoning application.

In the Industrial District, data-center development may have up to 80% impervious surface, unlimited floor area, and a maximum height of 72 feet.

New power transmission lines may be installed underground, and the power utility must have access to the electrical disconnect switch at all times unless an on-site manager is continuously present.

If development regulations change while an application is pending, the applicant may elect to use the regulations in effect when the application was submitted.

After Zoning Board of Adjustment approval of a site-specific vesting plan, the developer may undertake and complete the approved development under that plan's terms for two years, protecting it from later development-regulation changes.

A qualifying multiphase development with an approved site-specific vesting plan remains protected for seven years from approval of the initial phase; the Zoning Board of Adjustment may also approve a vesting period of up to five years when the project cannot be secured within two years because of its size, required investment, or anticipated future need.

The Zoning Administrator may approve minor vesting-plan modifications without requiring the full original approval process, including reductions in sign area, building square footage, or the number of buildings, if the basic relationship of the Zoning Board of Adjustment's conditions is unchanged.

Common-law vested-rights protection may apply when a developer made substantial expenditures in good-faith reliance on a valid permit and can show that compliance with new rules would cause harm.