Loading map…
Regbase

The Data Center Divide

Onslow County

Pro-Data Center Policies

Onslow County allows data centers in four zoning districts without a special-use permit, but they must follow ordinary development rules and are not allowed in every district.

current law · County measure: County planning jurisdiction, excluding incorporated areas and extraterritorial jurisdictions of Holly Ridge, Jacksonville, North Topsail Beach, Richlands, Surf City, and Swansboro, and areas subject to military jurisdiction
Regulates land use and development throughout Onslow County’s planning jurisdiction—excluding incorporated municipalities and their extraterritorial jurisdictions—to protect public health, safety, compatible development, rural character, and environmental resources.Onslow County Zoning Ordinance

What this means

Data centers are allowed in four zoning districts without a special-use permit, which makes it easier to build or expand them there. They still must follow ordinary zoning and development rules, and they are not allowed in every district.

People behind it

  • Adopted the Zoning Ordinance and acts as the legislative body on proposed zoning text and map amendments.

  • Reviews proposed zoning text and map amendments and provides recommendations to the Board of County Commissioners.

  • Administers and enforces the Zoning Ordinance, issues permits, reviews applications, and investigates violations.

Restrictions & requirementsHide restrictions & requirements15
  • Data centers are restricted to specified zoning districts, but the provided permitted-use tables conflict: one lists R-5, CB, HB, and L-IN, while another lists O-I, HB, L-IN, and H-IN. They are not permitted in the other listed base districts unless another approval or zoning change authorizes the use.

  • Development activity—including construction, expansion, renovation, relocation, demolition, changes in use or intensity, and certain site work—may not begin until all applicable development approvals are issued, which may include zoning, site-plan, special-use, variance, plat, development-agreement, building, and other required approvals.

  • A new nonresidential data center or principal structure generally requires Major Site Plan Review, including professionally prepared plans and information about property conditions, stormwater, utilities, traffic and access, parking, loading, waste, lighting, and operating hours.

  • Major site plans are reviewed by the Technical Review Committee; applicants generally must respond to written comments within 30 working days, with a possible 30-day extension, and failure to resubmit results in denial and requires a full resubmittal.

  • A zoning permit is required for development activity and may be issued only after compliance with the ordinance and any approved site plan or other applicable approval.

  • A building permit must be obtained before construction, and a zoning certificate of compliance plus all other required building-code, state, and federal approvals are required before a building or premises may be used or occupied.

  • Site plan approval is valid for two years; extensions may be granted in periods of up to 12 months, but total extensions may not exceed 24 months, and the approval may become void if the associated building permit expires.

  • A zoning permit for development activity is generally valid for one year unless construction or development has commenced and continues.

  • Expansion of a nonresidential data-center structure by 10,000 square feet or 25% of gross floor area, whichever is less, requires site plan review; smaller expansions generally require Minor Site Plan Review, while larger expansions require Major Site Plan Review.

  • Data-center projects subject to site plan review must provide and maintain required buffers, landscaping, screening, lighting, access, parking, loading, stormwater, utility, and related site improvements; required buffers may range from 8 to 40 feet depending on adjacent zoning or land use.

  • Nonresidential data-center projects subject to site plan review must provide screened solid-waste collection and storage areas sized for expected waste and located at least 25 feet from external property lines.

  • Data centers must comply with applicable zoning-district setbacks and maximum-height limits; structures within 10,000 feet of Albert J. Ellis Airport are additionally limited to 100 feet in height.

  • Data-center development is subject to off-street parking and parking-lot design requirements; if no data-center-specific parking rate applies, a lower rate may require an approved parking-needs analysis.

  • The County may charge fees for zoning permits, site-plan review, inspections, notices, and other development approvals, with amounts established through the County budget or a Board of County Commissioners resolution.

  • Overlay-district standards and any other applicable standards that are more restrictive than the general zoning rules control, potentially imposing additional requirements on a data center.

Benefits & exceptionsHide benefits & exceptions14
  • Data centers are permitted uses in the O-I, HB, L-IN, and H-IN zoning districts, so they can proceed through the applicable zoning and site-plan process without a Special Use Permit, subject to ordinance standards. Data Centers

  • Electric utility substations, telecommunications lines and related equipment, water storage tanks and towers, and sewage treatment plants are listed as permitted supporting uses in applicable zoning districts, subject to the ordinance's standards. Electric Utility Substations

  • A complete application is deemed complete if the Zoning Administrator does not issue a completeness determination within five working days, allowing processing to continue without waiting for a formal notice. The application is deemed complete

  • Major site-plan review has defined deadlines: technical comments are due within five working days after the review meeting, revisions generally have thirty working days with a possible thirty-day extension, and a decision is due within ten working days after the revised plan is received. Major Site Plan Review Process

  • Permit Choice lets an applicant whose application was submitted before a regulation change choose whether the old or new regulations apply; choosing the earlier rules allows the applicant to act without waiting for the amendment process to conclude. Permit Choice

  • Approved development rights generally attach to and run with the land, helping preserve the approval after a change in ownership. Run with the land

  • Vested-right periods protect approved development from later regulation changes: generally one year for zoning permits, two years for site-specific vesting plans, and seven years for qualifying multi-phase developments of at least twenty-five acres. Conditional Zoning or Special Use Permit approvals may provide a longer period. The duration of vested rights

  • Common-law vested rights may protect an approved project when there is a valid governmental approval, reasonable reliance, substantial expenditure, good faith, and detriment from complying with later requirements. Common Law Vested Right

  • A development moratorium generally does not apply to applications accepted and deemed complete before the public hearing is called, development supported by substantial good-faith expenditures under a valid approval, or development covered by an approved vested plan. A development moratorium shall not apply

  • A site-specific development plan may describe the type and intensity of use for specified parcels and, if it meets the ordinance's requirements when submitted, can provide a mechanism for obtaining vested-right protection. Site Specific Development Plan

  • Site-plan approval lasts two years, with extensions of up to twelve months at a time and no more than twenty-four additional months, provided the plan remains compliant and no material regulatory changes require alterations. A site plan approval is valid for two years

  • A data center may use a lower parking rate than the ordinance minimum if it submits a parking-needs analysis sealed by a registered professional engineer and based on Institute of Transportation Engineers methodology. Parking needs analysis

  • In the Light Industrial and Heavy Industrial districts, industrial, transportation, utility, and warehousing uses are exempt from the ordinance's utility-equipment screening requirements, reducing site-design requirements for qualifying data-center facilities and equipment. The standards of this section shall not apply

  • The ordinance defines a data center as a facility that centralizes information-technology operations and equipment for storing, managing, or disseminating electronic data, providing a specific land-use classification for zoning and permitting. Data Center

Sources

Data provided by Regbase · Cookie preferences · Report missing data