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Regbase

The Data Center Divide

Town of Waxhaw

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Slightly Pro-Data Center Policies

Waxhaw has enacted a temporary pause of up to 12 months on applications to build new data centers or rezone land for them. It excludes qualifying applications vested before the pause and server equipment supporting an existing permitted use.

Rating from North Carolina statewide as there are no scored current or future laws outside temporary restrictions for Town of Waxhaw.

current law · Town of Waxhaw
Prohibits the Town of Waxhaw from accepting, processing, or approving applications for new data centers until August 10, 2027, or until it adopts data center regulations, whichever comes first.Town of Waxhaw ORD2026014 (2026)

What this means

The measure would pause applications to build new data centers and rezone land for them for up to 12 months, making it a major temporary barrier (applications for new data center development). It would not cover qualifying applications already vested before the start date or internal server equipment that supports an existing permitted use.

Timing

Ends
2027-08-10, or earlier upon adoption of data-center regulations or Board termination

The moratorium applies to new data-center development applications and related rezonings. It may be renewed or extended as permitted by N.C.G.S. § 160D-107(e).

People behind it

  • Submitted the agenda item requesting consideration of Ordinance ORD2026014 and scheduling of the public hearing.

  • Proposed, considered, and adopted the ordinance imposing the temporary data center moratorium.

  • Municipal government responsible for administering the moratorium and conducting the related study and regulatory process.

Restrictions & requirementsHide restrictions & requirements5

  • A temporary moratorium prohibits the Town from accepting, processing, or approving applications for new data center development, including data centers, cryptocurrency mining, data storage and processing, artificial-intelligence computing, related telecommunications equipment and infrastructure, and functionally equivalent data-processing uses. It applies to zoning, site-plan, building, and other development permits within the Town’s planning jurisdiction.

  • The moratorium prohibits rezoning property for the purpose of establishing a data center use.

  • The moratorium begins August 11, 2026, and expires no later than August 10, 2027. It may end earlier if the Board adopts applicable data-center regulations or votes to terminate it.

  • The moratorium does not apply to applications that were complete and vested before August 11, 2026, or to projects otherwise exempt under North Carolina law.

  • The moratorium does not apply to data-processing equipment that is clearly incidental and subordinate to a permitted principal use on the same site, provided it supports only the site’s internal operations and does not provide data-processing services primarily to off-site users.

Benefits & exceptionsHide benefits & exceptions6

  • Applications that were complete and vested before August 11, 2026 are exempt from the moratorium and may continue under the applicable rules.

  • Projects otherwise exempt under N.C.G.S. § 160D-107(c) or other applicable North Carolina law are not subject to the moratorium.

  • Equipment that is clearly incidental and subordinate to a permitted principal use on the same site—such as internal servers for a hospital, business, or government facility—is excluded, provided that data-processing services are not offered primarily to off-site users.

  • The moratorium has a firm outside expiration date of August 10, 2027, after which the Town may resume accepting, processing, and approving new data-center applications unless another lawful restriction applies.

  • The moratorium may end earlier if the Board adopts data-center regulations or separately terminates it by majority vote, allowing applications to proceed before the outside expiration date.

  • Under the Town's current zoning framework, the closest defined use—server farm—is permitted by right in the Employment Center district, with structures allowed up to 80 feet tall, subject to the district's standard vegetative buffer from residential property.

Sources

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