Construction or modification of a data center beyond routine maintenance requires a Conditional Use Permit.

Data centers may be approved by Conditional Use Permit only in the Agricultural, Commercial, and Industrial zoning districts.

A data center must be located at least two miles from all dwellings, schools, places of religious assembly, and parks, measured from the sensitive property to the data center’s exterior property line.

A new data center must be located at least three miles from any lawfully existing data center.

Data center buildings, structures, and appurtenances must comply with the height limits of the applicable zoning district.

Data center applications must include a narrative describing the project’s market demand, processing capacity, and anticipated water and electricity needs.

Data center applications must include an acoustical-engineer study addressing anticipated noise and proposed mitigation measures.

Data center applications must include a scaled site plan showing existing and proposed structures, screening, fencing, lighting, electrical connections, property lines, and roadway access.

Data center applications must include a project-area map identifying dwellings, schools, religious institutions, and public parks within one mile of the property.

Applicants must provide documentation demonstrating compliance with applicable state and federal requirements, including North Dakota electrical regulations.

A signed electrical power purchase agreement must be provided before the Board of County Commissioners may approve the Conditional Use Permit; the application may be accepted before the agreement is signed.

A nonrefundable application fee approved by the County Board of Commissioners is required.

All electrical wiring must be buried underground, except wiring brought together for interconnection to system components or the local utility grid, and all wiring must comply with North Dakota electrical requirements.

A secured chain-link, solid-wood, or masonry fence at least six feet high must be constructed and maintained around the entire data center facility.

The County may require landscaped buffers around the entire data center property.

Exterior data center lighting must be hooded and directed downward.

Accessory structures and appurtenances, including noise-mitigation structures, must complement the primary buildings and use a non-obtrusive color.

A road-maintenance agreement with the government entity responsible for adjacent exterior roads may be required during installation, construction, or non-routine modification of an existing data center.

Interior roads serving a data center may be reviewed by Stutsman County Emergency Management for safe and adequate emergency-service access.

A data center must develop a plan addressing storm drainage, erosion control, grading, and drainage.

The County may require building facades facing a road or a residential-use zoning district to incorporate design changes at least every 150 horizontal feet, such as changes in height, step-backs, fenestration, materials, patterns, textures, colors, or accent materials.

The applicant and, as determined appropriate by the County, the property owner, occupant or lessee, and operator must sign a development agreement covering financial security, road construction or improvements, road maintenance, storm drainage, erosion control, grading, drainage, reclamation, restoration, and other imposed conditions.

A building permit is required before erecting, constructing, structurally changing, or moving a data center structure, and the structure may not be occupied or used until the Zoning Administrator issues a Certificate of Compliance.

A Conditional Use Permit is discretionary: the Planning and Zoning Commission may deny it even when the listed zoning criteria are satisfied, and the permit is subject to public hearing and appeal procedures.

Data centers may be established through a Conditional Use Permit in the Agricultural, Commercial, and Industrial zoning districts, providing three eligible zoning locations for development. (Section 2.14.4) County zoning ordinance

An application may be accepted before the applicant has obtained a signed electrical power purchase agreement; however, the County Board may not approve the Conditional Use Permit until the signed agreement is submitted. (Section 2.14-2(G)) Power purchase agreement provision

A lawfully existing data center may continue as a nonconforming use even if later zoning rules do not conform to it. The use may be repaired or restored, subject to limits on increasing the structure’s volume and other conditions. (Section 2.7) Continuation of non-conforming uses

Modifications to a lawfully existing data center beyond routine maintenance have a specific Conditional Use Permit pathway rather than being categorically prohibited. (Section 2.14-2) Modifications to an existing data center

A road maintenance agreement may be required during installation, construction, or qualifying modification of a data center, allowing road-related construction and maintenance arrangements to be addressed through an agreement with the government entity responsible for adjacent roads. (Section 2.14-3(I)) Road maintenance agreement