Chester County
This restriction takes precedence while in effect. The rating below excludes temporary restrictions.
Anti-Data Center Policies
Chester County limits data centers to a designated industrial district with conditional approval and design rules; an enacted temporary pause blocks applications in unincorporated areas through December 31, 2026.
current law · Unincorporated areasThis county zoning ordinance creates a conditional-use pathway for data centers in the ID-3 General Industrial District and imposes data-center-specific standards under § 5-800.Chester County, South Carolina Zoning Ordinance — § 4-123 ID-3 General Industrial District Uses and § 5-800 Data Center Design Standards Required
What this means
Data centers would be allowed only in a limited industrial district and would need conditional-use approval. Setback, water-use, noise, and other design rules could make projects harder and more expensive to build and operate, but they do not ban them outright.
People behind it
- Brian Hester
County Administrator who proposed using excess CPST funds for Rodman Park soccer-field lighting, upgrades, and ADA compliance.
- Mitchell J. Campbell
Applicant who requested rezoning Tax Map #090-00-00-007-000 from Rural Two District to Limited Commercial District.
- Jay Rinehart
Applicant representing Norstar Industrial LLC who requested rezoning identified as CCMA26-04.
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- Norstar Industrial LLC
Applicant entity represented by Jay Rinehart for the rezoning identified as CCMA26-04.
- Eureka Mills Apartments LLC
Applicant requesting approval of the Phase 1 sketch plan for a 60-unit apartment development.
- Jeremy Ward
Planning Director who introduced, explained, and administered the proposed zoning text amendments, including drafting the data center design standards amendment.
- County Council
May initiate zoning ordinance or zoning map amendments and adopts the amendments and zoning ordinance.
- Planning Commission
May initiate zoning amendments, reviews proposed text and map amendments, conducts public hearings, and makes recommendations to County Council.
- Zoning Administrator
May initiate zoning amendments and administers and enforces the zoning ordinance, including issuing permits, maintaining zoning records and maps, and processing applications.
- Property owner or authorized agent
May initiate a zoning-map amendment for a property and submit the required amendment application.
Restrictions & requirementsHide restrictions & requirements15
Data centers are allowed only as conditional uses in the ID-3 General Industrial District, requiring approval by the Zoning Administrator and compliance with special data-center standards.
Before construction, relocation, enlargement, alteration, or demolition of a data-center structure, a zoning permit is required; a certificate of zoning compliance is required before the property may be used or occupied.
Cooling systems must use air-cooled closed-loop systems, chip-immersion cooling, or similar low-water-use systems; groundwater may not be used for cooling unless specifically authorized by County Council.
Data-center structures must be at least 500 feet from adjoining industrial or commercial property lines and 1,000 feet from rural, residential, or agricultural districts or property lines, or from a public road adjacent to those areas. County Council may approve reductions of up to 25 percent, but applicable noise limits then decrease by 5 dBA.
Required setbacks must remain undisturbed permanent buffers where wooded. Where only partially wooded, the applicant must add a 50-foot densely planted evergreen buffer with trees at least 8 feet tall and a 10-foot interior berm along property lines.
Generators may be used only for testing or emergency backup power, must be insulated and fully enclosed, and periodic testing is limited to 10:00 a.m. through 5:00 p.m.
Operational noise is limited to 60 dBA during the day and 50 dBA at night, or the pre-construction ambient level, whichever is greater; data-center noise generally may not exceed ambient noise by more than 5 dBA without County Council approval. Measurements must be taken over 30 minutes at 300 feet from the data center.
Applicants must submit a pre-construction noise-impact study by a qualified acoustical consulting firm and a post-construction noise study within 30 days after commissioning. The County may require additional sound studies or measurements at the owner's or lessee's expense.
Rooftop mechanical equipment must be screened by acoustical barriers, and the applicant must work with a qualified acoustical consultant to develop a sound-dampening plan.
Outdoor nighttime lighting must be limited to the minimum needed for reasonable security, shielded from surrounding properties, and approved through a lighting plan by the Zoning Administrator.
Data centers may not produce ground vibration that is discernible without instruments beyond the property line.
Data centers must comply with ID-3 height rules and may not exceed 100 feet in height.
If a data center ceases operations for 30 consecutive days without providing the County with a plan or corrective measures, the Zoning Administrator may require its equipment to be dismantled and completely removed within 180 days.
The Zoning Administrator may issue a written stop-work order for violations of the data-center standards; violations may result in fines of up to $5,000 per day, imprisonment for up to 30 days, or both.
A data center must provide one parking space for each employee on the maximum shift.
Benefits & exceptionsHide benefits & exceptions7
Allows data centers as a conditional use in the ID-3 General Industrial District, subject to the listed conditions and supplemental design standards. Approval may be issued by the Zoning Administrator rather than requiring a special-exception hearing. Data centers may be permitted by the Zoning Administrator as a Conditional Use
Allows a data center use to include on-site energy generation. Data centers housing computer servers, systems, or related services, including on-site energy generation
Allows the County Council to approve reductions of required data-center setbacks by up to 25 percent. If reduced, the applicable noise limits become 5 dBA stricter. Setbacks may be allowed to be reduced by up to 25% upon approval by County Council
Permits data centers to reach a maximum height of 100 feet, compared with the ordinary ID-3 district maximum of 50 feet. Data centers must comply with the ID-3 district regulations for height, with a maximum height of one hundred (100) feet
Permits data-center generators for testing and emergency backup power, provided they are fully enclosed and insulated, with testing allowed only between 10:00 a.m. and 5:00 p.m. all generators must be used only for testing and for backup power in case of an emergency
In the ID-3 district, uses other than utility substations and water towers have no specified minimum lot area, and required street frontage may be satisfied through access specified in the conditions. Other: As specified in conditions, or none
Allows a lawfully established data center that later becomes nonconforming to continue operating under the ordinance's nonconformity rules. A certified nonconforming structure may also be repaired, removed, or replaced in the same location with a structure of the same type and size, or one that reduces the nonconformity, subject to applicable building codes. may be continued in use although it does not conform
Sources
Specific to Chester County only.
current law · Unincorporated areasThis ordinance imposes a temporary countywide pause in the unincorporated area on accepting, processing, or approving applications for data centers and related developments, including rezonings, site plans, land-development approvals, utility approvals, and building permits.Chester County, South Carolina Ordinance No. 2026-14 — Temporary Countywide Pause on Data Center Applications
What this means
The measure would stop the county from accepting, processing, or approving data-center development applications in unincorporated Chester County, including applications for permits and zoning changes. The pause is temporary and set to end by December 31, 2026, but it would block projects while the county studies new standards, making development substantially harder in the near term (pause on applications and expiration date).
Timing
- Ends
- Dec 31, 2026
Although the ordinance states that it is not a “moratorium,” it functionally imposes a temporary countywide pause on accepting, processing, and approving data center development applications. The pause terminates on 2026-12-31 unless the County extends it; the ordinance’s other provisions remain in effect unless repealed or otherwise modified.
People behind it
- Chester County Council
County legislative body that proposed and enacted Ordinance 2026-14.
- Chester County planning staff
Directed to study data-center impacts and prepare proposed development standards.
- Outside subject matter experts
Directed to assist county planning staff with the study and preparation of data-center development standards.
Restrictions & requirementsHide restrictions & requirements5
The County imposes a countywide pause in the unincorporated area on accepting, processing, or approving any application for a data center development. The pause applies to data centers, server farms, colocation facilities, cryptocurrency or digital-asset mining operations, artificial-intelligence computing facilities, and related infrastructure.
The pause covers a broad range of approvals, including rezonings, planned developments, text or map amendments, special exceptions, variances, subdivisions, site plans, land-development approvals, utility approvals, and building permits when sought for or in furtherance of a data center.
The pause is effective at and after the ordinance’s first reading and ends on the earlier of repeal or December 31, 2026, unless the County extends it.
The pending-ordinance doctrine applies to County planning, zoning, and development matters, allowing the County to refuse permits for uses inconsistent with the pending data-center regulations.
The ordinance provides that it creates no vested rights for any person or entity in connection with a data center development.
Sources
Specific to Chester County only.
failed · County measureThis proposed zoning text amendment would have addressed data centers as special exceptions in the ID-2 Limited Industrial District.CCTA26-02 — Chester County Zoning Ordinance Text Amendment concerning Data Centers in the ID-2 Limited Industrial District
People behind it
- Colton Metker
Applicant requesting rezoning of Tax Map #069-05-14-012-000 from ID-1 to RG-1.
- Curttis Metker
Co-applicant requesting rezoning of Tax Map #069-05-14-012-000 from ID-1 to RG-1.
- Chester County
Applicant for the proposed zoning-text amendment regulating data centers.
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- Jeremy Ward
Planning Director who represented Chester County as the data-center amendment applicant and presented the proposed solar-farm amendment and subdivision-code updates.
Sources
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