Polk County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Slightly Pro-Data Center Policies
Polk County allows data centers as special uses, but discretionary approval requires extra plans, a noise study, screening, and utility approval for grid connections, adding potential cost and delay without banning them.
Rating from North Carolina statewide as there are no scored current or future laws outside temporary restrictions for Polk County.
Specific to Polk County only.
current law · Unincorporated areas outside incorporated municipalities and designated extraterritorial zoning districtsAdds “data processing facilities” to Polk County’s zoning regulations and was adopted and effective August 21, 2023; in the Industrial district, the use requires a Special Use Permit from the Board of Adjustment.Polk County data center zoning ordinance amendment (2023)
What this means
The measure allows data centers as a special use, but getting approval is discretionary and requires extra plans, a noise study, screening, and utility approval for grid connections. These requirements can add meaningful cost and delay, though they do not ban data centers.
Timing
- Ends
- 180 days after adoption
The moratorium expires after 180 days unless extended as authorized by the measure. Some related ordinance listings do not identify a moratorium, creating limited ambiguity.
People behind it
- Polk County Board of Commissioners
Considered, enacted, and adopted the Polk County Zoning Ordinance.
- Polk County Planning Board
Proposed, reviewed, and provided recommendations on the zoning ordinance before consideration by the Board of Commissioners.
- Polk County Planning Department
Administers the special-use-permit application process established by the zoning ordinance.
Show 1 more peopleShow fewer people
- Zoning Administrator
Responsible for the zoning ordinance’s general administration, interpretation, and enforcement.
Restrictions & requirementsHide restrictions & requirements16
Data processing facilities are classified as special uses, so they require approval through a Special Use Permit from the Board of Adjustment rather than being automatically permitted.
A Special Use Permit application must be complete and submitted at least 30 days before the relevant Board of Adjustment meeting, and it is subject to a quasi-judicial public hearing and a fee established by the Board of Commissioners.
Approval requires findings that the facility complies with applicable standards, will not adversely affect neighborhood health or safety or nearby property values, and will operate harmoniously with the neighborhood.
The applicant must submit a narrative describing the proposed facility and project.
The applicant must submit a site plan showing equipment and structure locations and dimensions, screening, fencing, property lines, access roads, and turnout locations.
The applicant must provide an acoustical-engineer study describing anticipated noise levels and proposed mitigation measures, such as sound walls, baffles, ventilation silencers, or additional separation.
The facility may not impose impacts on the surrounding environment from noise, vibration, smoke, dust, or pollutants.
All roads serving the facility must be wide enough for emergency-vehicle access as determined by the Polk County Fire Marshal.
The entire facility perimeter must be screened from adjoining properties by a buffer yard.
Security fencing at least eight feet high is required along the entire facility perimeter.
Grid-connected data processing systems may not be installed until the operator provides evidence that the electrical utility provider has approved the installation; off-grid systems are exempt.
Exterior lighting must use cutoff and fully shielded fixtures that direct light downward and toward the interior of the property, away from adjacent roads and properties.
Perimeter-fence signage is prohibited except for one sign no larger than 32 square feet displaying the facility's name, address, emergency contact information, and appropriate warnings.
Any structure or equipment not operated continuously for 365 days is considered abandoned. The owner must notify the County and remove obsolete or unused systems within 90 days after County notice; if the owner fails to comply, the County may remove them and recover its costs.
Before construction, relocation, additions, or structural alterations, the facility must obtain a certificate of zoning compliance; occupancy or a change of use requires a certificate of occupancy.
For facilities outside incorporated municipalities, written County sanitarian approval of all needed or proposed water-supply and sewage-disposal facilities is required before the Zoning Administrator may issue a certificate of zoning compliance.
Benefits & exceptionsHide benefits & exceptions8
Data processing facilities are expressly identified in the permitted-use table and may be authorized by special use permit in districts where designated. The process requires an application, narrative, site plan, public hearing, acoustical study, emergency-vehicle access, perimeter screening, and findings that the use meets applicable standards, protects neighborhood health and safety and property values, and is compatible with the neighborhood. Data processing facilities
The definition of a data processing facility includes associated infrastructure such as air handlers, power generators, water cooling and storage facilities, utility substations, and other utility infrastructure, allowing these components to be treated as part of the recognized facility use. Associated infrastructure
A grid-connected data processing system may be installed once the operator provides evidence that the electrical utility provider has approved the installation. Off-grid systems are exempt from this evidence requirement. Utility approval
A campus with two or more principal buildings may qualify as a group development on at least two acres. The Zoning Administrator may waive otherwise applicable ordinance terms if the project remains consistent with district uses, intensity, open-space, setback, height, sanitation, utility, and design-plan requirements. Group development
A lawfully established data center that later becomes nonconforming because of a zoning change may generally continue operating. Changes in activity may continue when they are changes in degree rather than kind, subject to limits on expansion, repairs, and increasing the nonconformity. Continued use
Required parking that cannot reasonably fit on the main lot may be located within 400 feet of the principal use, provided the parking land is under the same ownership or a long-term lease and is legally recorded for that parking use. Parking within 400 feet
For developments containing multiple uses, parking requirements may be satisfied through a shared-parking analysis certified by a registered engineer or qualified professional, using ULI or ICSC shared-parking guidelines instead of providing the full minimum separately for each use. Shared-parking analysis
Uses not specifically addressed in the ordinance are assigned the standards for the land use most closely related to the proposed use and its impacts, providing a classification mechanism for ancillary or future data-center-related activities. Most closely related land use
Sources
Data provided by Regbase · Cookie preferences · Report missing data
