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The Data Center Divide

Gilpin Township

Anti-Data Center Policies

Gilpin Township requires data centers to meet setback, noise, and buffer rules and demonstrate adequate water, wastewater, and electric capacity. These requirements may limit suitable sites and add costs or delays, but do not ban data centers.

current law · Gilpin Township
Gilpin Township adopted a data-center-specific zoning regulation allowing data centers as a conditional use in the Industrial district.Gilpin Township data center zoning ordinance

What this means

The measure would require data centers to meet setback, noise, and buffer rules and show they have enough water, wastewater, and electric capacity. These rules could narrow suitable sites and add costs or delays, but they do not amount to a ban.

People behind it

  • Ordained, enacted, and signed the Gilpin Township Zoning Ordinance of 2023; responsible for approving conditional uses and appointing the Zoning Officer.

  • Administers and enforces the ordinance, processes zoning and occupancy applications, issues permits, investigates violations, and provides initial interpretations.

Restrictions & requirementsHide restrictions & requirements21
  • Because data centers are not specifically listed in the use table, they are treated as conditional uses in every zoning district rather than being permitted by right.

  • A data center requires a conditional-use application, filing fee, written justification, multiple copies, and a detailed scaled site plan; the Planning Commission must review it and the Board of Supervisors must approve it.

  • Conditional-use approval requires a public hearing and a showing that the project will not endanger public health or safety, harm the environment, create nuisance conditions such as traffic, noise, dust, smoke, glare, or vibration, or conflict with surrounding development or the comprehensive plan.

  • The Board of Supervisors generally must decide a conditional-use application within 45 days after the hearing, subject to the ordinance's extensions and automatic-approval provisions if no timely decision is made.

  • The Zoning Officer may require a separate use-permit application and fee for the proposed use or activity and may deny the application with stated reasons; the Board may also impose conditions on conditional-use approval.

  • Construction, enlargement, relocation, or demolition of a data-center building requires a zoning permit and a site plan showing items such as setbacks, utilities, parking, building dimensions and height, nearby structures, topography, and applicable sewage or state approvals.

  • A data center or other nonresidential use cannot be occupied or begin operation, including after a use or occupancy change, without an occupancy permit, inspection, and required fee.

  • Development must meet district-specific minimum lot areas and widths, setbacks, and coverage limits; in the Business and Industrial Districts, buildings and paved surfaces together may cover no more than 75% of the lot.

  • Principal buildings may not exceed 55 feet in height and accessory structures may not exceed 25 feet, subject to listed exceptions for items such as communications equipment, silos, and water tanks.

  • Only one principal structure is generally allowed on an undivided lot, subject to exceptions for specified uses and property types.

  • Nonresidential development near or abutting an Agricultural, R-1, or R-2 District must maintain additional boundary setbacks: 20 feet for parking and access drives, 40 feet for certain office, church, and school buildings, and 70 feet for commercial or industrial buildings and outdoor storage.

  • Commercial or industrial development abutting a residential district must provide and maintain a continuous evergreen screen at least five feet high when mature, or an approved alternative such as an opaque fence or existing woods, and must landscape at least 10% of the applicable frontage area.

  • Commercial and industrial development must provide off-street parking meeting minimum space, aisle, drainage, lighting, and accessibility standards, including generally 10-foot-wide by 18-foot-deep spaces and one accessible space for every 25 spaces.

  • Daily delivery traffic must be accommodated in separate off-street loading areas apart from required parking, with enough space for the vehicles normally used and their maneuvering.

  • Parking areas serving commercial or industrial uses must have an all-weather hard surface; areas with more than 20 spaces must be paved and marked, and must satisfy additional drainage, slope, and lighting requirements.

  • Data centers must be located at least 200 feet from homes, parks, businesses, and other sensitive uses.

  • Data centers must provide a landscaped buffer at least 100 feet wide, including trees and screening.

  • Data-center applicants must meet applicable noise limits, submit sound studies, and ensure that vibrations are not felt beyond the property.

  • Data-center proposals must undergo environmental and infrastructure review and demonstrate adequate water supply without affecting nearby wells or streams, proper wastewater handling, and sufficient electric-grid capacity.

  • A zoning permit becomes void if construction has not commenced and been vigorously pursued within three months; it normally lasts one year and may receive no more than one additional one-year extension for a large project or demonstrated hardship.

  • Violations may result in civil fines of $10 to $500 plus prosecution costs, imprisonment of up to 60 days for nonpayment, and separate offenses for each day a violation continues; imminent-danger or willful violations may require immediate discontinuance.

Benefits & exceptionsHide benefits & exceptions10
  • A data center that is classified as an unlisted use may pursue conditional-use approval because the ordinance allows uses not specifically listed in every zoning district as conditional uses. The application must satisfy the health, safety, nuisance, compatibility, and comprehensive-plan criteria in §401.3. (uses not specifically listed)

  • Research and development laboratories are listed as permitted-by-right uses in the Business and Industrial districts, providing a potential zoning category for a data center engaged in qualifying research or development activities. (Research and Development Laboratories)

  • Storage facilities are listed as permitted-by-right uses in the Business and Industrial districts, potentially allowing a data center with qualifying equipment or dead-storage functions to proceed without conditional-use approval. The specific storage-facility standards include a four-acre minimum site, paved interior driveways, storage units no larger than 15 feet by 40 feet and 20 feet high, and office space limited to 5% of storage floor area. (Storage Facility)

  • Warehousing is listed as a permitted use in the Industrial district, which may provide a by-right zoning path for a data center component that qualifies as warehousing. (Warehousing)

  • Municipal or public utility facilities or structures are permitted by right in the Business and Industrial districts, potentially supporting data-center-related public utility or infrastructure facilities. (Municipal or Public Utility Facilities or Structures)

  • Industrial-zoned sites have comparatively flexible dimensional standards: a 0.5-acre minimum lot area, 100-foot lot width, 20-foot front, side, and rear setbacks, a 50-foot setback when abutting a residential zone, and up to 75% combined coverage by buildings and paved surfaces. (Industrial dimensional standards)

  • Conditional-use applications receive a defined expedited decision process: the Planning Commission must make its recommendation by its next regular meeting, the Board of Supervisors must decide within 45 days after the public hearing, and failure to decide within that period is treated as approval unless an extension is agreed. (Board must hold a public hearing, failure of the Board to make its decision)

  • A lawful use that later becomes nonconforming may continue and may be sold or transferred to another owner, protecting an operating data center against later zoning changes. (such use may be sold or otherwise transferred)

  • A nonconforming use may seek expansion by special exception, limited to the existing lot and to the lesser of 250 feet in any direction or 50% of the existing usable floor or land area. (Expansion of the nonconforming use)

  • If a nonconforming data-center structure or use is damaged or destroyed, it may be rebuilt or restored on its existing foundation if a building permit is obtained within 180 days and the work is completed within 365 days after the permit is granted. (may be rebuilt or repaired on its existing foundation)

Sources

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