Data centers are conditional uses, not automatically permitted uses, in the Agricultural and Commercial/Industrial Districts. They require a conditional use permit, a Planning and Zoning Commission hearing, and approval by the Board of County Commissioners. (data centers are listed as conditional uses%20Data%20centers))

Because data centers are not listed as permitted or conditional uses in the Rural Residential or Recreational Districts, they are prohibited there unless the property is rezoned or the ordinance is amended; prohibited uses cannot receive a permit or variance. (prohibited uses are not allowed by permit or variance)

A data center conditional use permit is subject to the County’s conditional-use review standards, including protection of public health and welfare, no substantial impairment of existing uses, adequate utilities and access, traffic mitigation, and compliance with the zoning district. The County may impose conditions on noise, traffic, runoff, odor, pollution, dust, lighting, parking, setbacks, hours, signs, roads, public facilities, and state or federal standards. (conditional-use requirements and possible conditions)

Conditional-use applications must be submitted by the first business day of the month to be considered at that month’s hearing; incomplete applications are not scheduled until completed, and required application fees must be paid when submitted. (monthly filing deadline and fee requirement)

A data center conditional-use application is subject to a fee generally equal to the greater of $750 or up to 3% of the project cost within Dickey County; any amount above the initial $750 must be paid before construction begins. (conditional-use fee requirements)

A data center must have a six-foot sight-obscuring fence around its entire perimeter, with a buffer yard of at least 50 feet on the sides and rear and 150 feet in front. (fencing and buffer-yard requirements)

All data-center equipment and structures must be at least 50 feet from the facility boundary and 2,640 feet, or one-half mile, from any church, school, or occupied residence. (data-center separation distances)

A grid-connected data center cannot receive a conditional-use permit until the operator provides utility approval showing adequate capacity, properly sized equipment, and no unacceptable electrical interference or voltage fluctuations. Off-grid systems are exempt from this utility-approval requirement. (utility approval requirement and off-grid exception)

A proposed data center within one mile of a residence, church, or school must submit a certified noise-mitigation plan prepared with specified measurement, equipment, sound-source, and mitigation information. (noise-mitigation plan requirement)

Data-center noise may not exceed 65 dBA at an occupied residence, church, or government building, or 45 dBA between 10:00 p.m. and 7:00 a.m., subject only to limited short-duration exceedances. The County may require independent verification or additional measurements. (daytime and nighttime noise limits)

No signage is allowed on the perimeter fence except one sign of no more than 32 square feet showing the facility name, address, emergency contact information, and appropriate warning or no-trespassing notices. (limited perimeter-fence signage)

A data center may not use cargo containers, railroad cars, semi-truck trailers, or similar storage containers for any operational component, and electrical wiring must be underground except where brought together for interconnection to system components or the local grid. (structural and wiring restrictions)

Only the activities specifically approved in the conditional-use permit may occur on the facility parcel. Outdoor storage, drive-through facilities, drive-up facilities, and walk-up facilities are prohibited. (prohibited additional activities and facilities)

If more than 2,000 gallons of hazardous materials are used or stored, the applicant must complete an environmental study addressing the materials and potential effects of a containment failure. Hazardous materials and contaminated water must be disposed of at an approved facility, and hazardous materials must have containment systems. (hazardous-material environmental-study and containment requirements)

The data-center owner or operator must coordinate an emergency response plan with local emergency and law-enforcement organizations, submit it at least 60 days before construction, and pay for necessary local training and equipment for a worst-case emergency. (emergency-plan deadline and owner-paid training)

Before construction, the applicant must provide a decommissioning and removal plan with estimated costs and information about land that may be irretrievably committed. (preconstruction decommissioning-plan requirement)

Decommissioning requires six months’ advance written notice, and all above- and below-ground components must generally be dismantled within 365 days after decommissioning begins; an extension may not exceed two years from the start date. A facility is deemed abandoned after 24 consecutive months out of service or no longer operating for its intended purpose. (decommissioning deadlines and abandonment threshold)

The owner or operator must pay all decommissioning costs and restore disturbed areas to the extent practicable to their preconstruction topsoil, vegetation, elevation, and contour. The County may require a reclamation bond with the conditional-use application. (decommissioning costs, restoration, and possible bond)

Data centers are expressly eligible for conditional-use approval in both the Agricultural District and the Commercial/Industrial District, rather than being categorically prohibited. They require a conditional-use permit, public hearing, and Board of County Commissioners approval. Data centers are listed as conditional uses%20Data%20centers) in the Agricultural District and in the Commercial/Industrial District%20Crew%20housing%20facilities%2022)%20Data%20centers).

A data center may operate in an Agricultural District with a conditional-use permit, allowing development on land that otherwise remains primarily agricultural. The permit remains subject to the district standards and the general conditional-use criteria, including adequate utilities, access, drainage, and traffic measures. Data centers require a conditional-use permit in the Agricultural District%20Data%20centers) and conditional uses must meet utility and access standards.

Commercial/Industrial Districts have no density requirements for buildings and structures. Data centers located in that district are instead governed by applicable setbacks and off-street parking rules, which can allow larger or more intensive facilities without a stated density cap. There are no density requirements in this district.

A data center may be developed on a Commercial/Industrial parcel as small as 7,000 square feet when served by public or private sewer and water systems. A parcel using an individual septic system must be at least one acre. The ordinance allows 7,000-square-foot lots with sewer and water.

Grid-connected data centers can obtain the required utility confirmation through an investor-owned utility or rural electric cooperative; an off-grid data center is exempt from that utility-approval requirement. Off-grid systems are exempt.

The data-center rules expressly cover associated utility infrastructure, including air handlers, water cooling and storage facilities, substations, and other utility infrastructure supporting operations. This allows those components to be treated as part of the regulated data-center use rather than as an entirely separate undefined use. Associated components and facilities may also include air handlers, water cooling and storage facilities, utility substations.

The data-center definition includes cryptocurrency mining, so cryptocurrency-mining facilities can qualify as data centers under the ordinance and use the data-center zoning framework. This definition also includes cryptocurrency mining.

The ordinance permits work to proceed on solar monitoring, soil testing, or survey activities before a commercial solar facility receives its conditional-use permit; this can support related power infrastructure or a combined data-center energy project, but it does not authorize data-center construction before approval. The ordinance does not preclude solar monitoring, soil testing, or survey work before a permit.