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The Data Center Divide

Town of Indian Trail

Anti-Data Center Policies

Indian Trail’s enacted rules require conditional zoning, large setbacks, utility-impact studies, and limits on water use, noise, and backup generators, making approval harder without banning data centers.

current law · Town of Indian Trail
These approved Indian Trail UDO amendments add data centers as a use subject to conditional rezoning in light- and heavy-industrial zones.Town of Indian Trail Data Center UDO Text Amendments (2026)

What this means

The measure would create significant barriers through conditional zoning, large setbacks, utility-impact studies, and rules limiting water use, noise, and backup generators. These requirements could make sites harder to find and projects harder to approve, but they do not ban data centers outright.

People behind it

  • Property owner and co-applicant for ZM 2026-0101, requesting rezoning of the parcel.

  • Applicant for ZM 2026-0101, proposing rezoning to allow development of a childcare center.

  • Development Manager for 814 Services LLC and applicant representative who submitted the rezoning Letter of Intent.

Show 6 more peopleShow fewer people
  • Applicant and proposer of ZT 2026-0095, responsible for developing and administering the proposed UDO revisions.

  • Planner who prepared the staff memorandum and analysis for ZM 2026-0101.

  • Senior Planner responsible for the staff analysis and UDO text-amendment recommendation for ZT 2026-0095.

  • Senior Planner who co-presented and participated in developing the proposed UDO amendments.

  • Town board responsible for reviewing the measures and transmitting recommendations to the Town Council.

  • Legislative body responsible for holding the public hearing, making required findings, and taking final action, including adopting ZT 2026-0095 as Ordinance #435.

Restrictions & requirementsHide restrictions & requirements18
  • Data centers are permitted only in the Light Industrial (L-I) and Heavy Industrial (H-I) districts; they are unavailable in the listed residential, business, downtown, office, institutional, and overlay districts.

  • Data center developments must undergo the Conditional Zoning process.

  • A conditional-zoning application must include a facility description, location and building count, proposed power and water-consumption plans, a lease or sale agreement, applicable outside-government approvals or permits, and a system-impact study addressing power, water, and sewer effects.

  • The conditional-zoning application must state whether renewable-energy methods are proposed and describe how they will be used.

  • Data center facilities, equipment, and accessory structures must generally have 200-foot setbacks from nonresidential surroundings and 500-foot setbacks when abutting or across a roadway of two lanes or fewer from residential property.

  • Data centers must be at least 1,000 feet from off-site residences, offices, religious facilities, day cares, recreation uses, schools, and related outdoor activity areas, and at least 500 feet from RSF residential districts or agricultural uses.

  • Data centers must provide perimeter landscape buffers along every property boundary, generally requiring either a 25-foot buffer with a wall or a 50-foot buffer without a wall, together with specified tree, shrub, evergreen, wall-height, and opacity requirements.

  • All exterior mechanical equipment, including rooftop equipment, must be completely screened from public view through landscaping, walls, roof-screen walls, building enclosures, or similar measures.

  • Data centers must provide off-street parking at a rate of one space per employee on the maximum shift plus three visitor spaces.

  • A photometric plan is required with the site-plan-review application, and exterior lighting must comply with the Town's lighting standards.

  • Any potable-water use requires approval or an agreement with the Union County Water Department, and cooling systems must be closed-loop, recycled, or water-efficient systems that meet County requirements and obtain required permits.

  • Groundwater wells may not be used to supply a data center.

  • The conditional-zoning application must provide written verification of adequate power capacity, identify required utility improvements if capacity is insufficient, confirm that electrical equipment and infrastructure are adequately sized, and show that operations will not cause on-site or off-site electrical interference or voltage fluctuations.

  • Data center emissions, including dust, gases, and smoke, may not cross the property line.

  • Applications for site or building permits must include a sound study prepared by an acoustical consultant or engineer, including analysis of infrasonic sound; the study establishes a baseline noise level that may not be exceeded.

  • Data-center sound levels may not exceed the limits for the adjacent zoning district or overlay: 55 dBA in residential and downtown districts, 65 dBA in business, office, and institutional districts, 60 dBA in overlays, and 70 dBA in industrial districts.

  • Generators may not be used as the primary power source for a data center or its accessory equipment and may be used only temporarily for emergencies.

  • Generator testing or maintenance requiring generator operation is prohibited from 5:00 p.m. to 9:00 a.m., and fuel storage must comply with applicable standards, including the fire code and NFPA standards.

Benefits & exceptionsHide benefits & exceptions8
  • Creates a specific data-center use category and dedicated regulatory framework, allowing data centers in the L-I and H-I industrial districts through conditional zoning; a Conditional Zoning application is required. Data Center permitted use

  • Expressly allows accessory facilities and infrastructure for data centers, including administrative and logistical buildings, fiber-optic systems, storage and security structures, temporary generators, electrical substations, renewable-energy systems, utility lines, cooling-water and wastewater facilities, water-holding structures, pump stations, and cooling towers. Data Center Accessory Uses or Structures

  • Allows data centers to use public water and sewer service through the Union County Water Department, subject to approval or an agreement and applicable capacity requirements. Public water and sewer systems

  • Allows cooling systems using closed-loop, recycled, or water-efficient designs, provided they meet Union County Water Department standards and obtain required permits.

  • Establishes a process to document available electric-system capacity and identify needed utility improvements, allowing development to proceed when existing capacity or planned upgrades can support the facility.

  • Allows temporary generators for emergency power, but generators may not be the primary power source, and testing or maintenance operation is prohibited from 5:00 p.m. to 9:00 a.m.

  • Sets a data-center parking requirement of one space per employee on the maximum shift plus three visitor spaces.

  • Allows existing vegetation to satisfy perimeter-buffering requirements when the Planning Director determines that it provides sufficient buffering, subject to the vegetation remaining in place. Existing vegetation buffering

Sources

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