Data centers are expressly listed as a special use in the Heavy Industrial (HI) District; uses not specifically listed may be approved only if the Zoning Administrator finds an analogous use, otherwise they are prohibited. Data Center listed as a special use

A data center requires a Special Use Permit, including Board of Adjustment review through a public-hearing process. The application generally must be submitted at least 30 days before the Board meeting, and applicable fees must be paid. Special Use Permit application requirements

A Special Use Permit is subject to annual Board of Adjustment review and a renewal fee. It becomes void if not exercised and consummated within the time set by the Board or, if no time is set, within one year. annual review and expiration requirements

Zoning compliance approval must be obtained before a data center or other development requiring a building or electrical permit may proceed, except for bona fide farm development. zoning compliance approval

Data-center systems, equipment, and structures, other than electric transmission lines and utility poles, may not exceed 35 feet in height. 35 feet in height

All data-center equipment and structures must be at least 50 feet from the facility boundary and at least one-quarter mile, or 1,320 feet, from any church, school, daycare, or residence. data-center setbacks

The entire perimeter of a data center must be screened from adjoining properties with a buffer using sound-reducing materials. Natural vegetation, fences, walls, and berms may be combined to meet the requirement. perimeter screening requirement

Security fencing at least eight feet high must be provided along the entire perimeter of the data center. eight feet in height

Electric wiring for the facility must be underground, except where wiring is brought together for interconnection to system components or the local utility grid. electric wiring shall be located underground

The facility must comply with the Hertford County Noise Ordinance and may not disrupt adjacent land uses. The application must include an acoustical-engineer study describing anticipated noise levels and proposed mitigation measures. noise and acoustical-study requirements

A data-center application must include a project narrative, a detailed site plan showing equipment, structures, screening, fencing, access roads, and nearby churches, schools, or residences within one-quarter mile, plus an acoustical-engineer study. The County may also require additional studies, reports, certifications, or approvals. data-center permit requirements

A grid-connected data center may not be installed until the operator provides evidence that the electric utility has approved the installation. Off-grid systems are exempt from this utility-approval requirement. utility notification requirement

A data-center structure or equipment item that is not operated for 365 consecutive days is considered abandoned. The County may require removal within 90 days after notice and may remove it itself and recover the costs from the owner. 365 days

Data centers are expressly allowed in the Heavy Industrial District (HI) through a Special Use Permit, rather than being prohibited or requiring rezoning. Data Center — Special Use

The ordinance provides a defined approval path for data centers, requiring a narrative, site plan, noise study, owner/operator signatures, and any other studies or approvals the County reasonably requests. Permit Requirements

Data-center equipment and structures may be built up to 35 feet high, excluding electric transmission lines and utility poles. shall not exceed 35 feet in height

The ordinance allows grid-connected data-processing systems after the operator provides evidence of utility approval; off-grid systems are exempt from that notification requirement. approved by the electrical utility provider

Once granted, development approvals run with the land, so their rights, benefits, burdens, and obligations generally transfer with the property rather than remaining personal to the original applicant. Development Approvals run with the land

Projects with a valid building permit issued before the ordinance's effective date, or with a valid vested right, generally remain governed by the prior rules unless the owner consents otherwise. Building permits have been issued prior to the effective date

A lawful existing data-center use that later becomes nonconforming may generally continue so long as it remains lawful, providing protection for continued operation after later zoning changes. nonconforming situations ... may be continued