Loading map…
Regbase

The Data Center Divide

York County

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

Neutral Data Center Policies

York County’s enacted nine-month moratorium pauses new data-center approvals in unincorporated areas, but exempts previously approved projects and does not halt operations.

current law · Unincorporated areas
This zoning provision allows data-center buildings in unincorporated York County to reach a maximum height of 80 feet, subject to two additional feet of side setback and two additional feet of rear setback for each foot above the underlying district’s height limit.York County, South Carolina Code § 155.058(C), Data Center Height and Setback Standard

What this means

The code allows data centers in certain districts, but limits buildings to 80 feet and requires extra setbacks for taller buildings. These rules add a modest site-planning burden, not a major obstacle.

Sources

Specific to York County only.

current law · Unincorporated areas
This ordinance imposes a nine-month moratorium in unincorporated York County on consideration or approval of new data-center special exceptions, conditional-use approvals, site plans, and other related development approvals.York County, South Carolina Nine-Month Data Center Moratorium Ordinance (2026)

What this means

The proposed nine-month moratorium would pause approvals for new data centers in unincorporated York County, making new projects substantially harder to move forward during that period (moratorium on development approvals). It would not stop operations or block projects with prior site-plan approval, so its impact is temporary and limited in scope (exemption for prior approvals).

Timing

Ends
nine months from the date of enactment

The moratorium applies to new data centers in the unincorporated areas of York County. It does not apply to developments with civil site plan approval granted before the ordinance's effective date, within the scope of those approvals. County Council may extend the moratorium by resolution if additional time is needed to complete the studies or examinations.

People behind it

  • Proposed, enacted, and imposed the nine-month data-center moratorium in the unincorporated areas of York County.

  • Administers the moratorium by holding new data-center applications in abeyance and conducting the required studies and ordinance-review process.

Restrictions & requirementsHide restrictions & requirements6

  • Imposes a nine-month moratorium on new data centers in the unincorporated areas of York County.

  • During the moratorium, the County must not consider or issue special exceptions, conditional-use approvals, civil site-plan approvals, or any other land-use or development approvals for new data centers; pending applications must be held in abeyance.

  • The moratorium may be extended by a further resolution of County Council if additional time is needed to complete the required studies or examinations.

  • Projects with civil site-plan approval granted before the moratorium took effect are exempt, but must remain compliant with applicable approvals and conditions and may not exceed the scope already approved.

  • Before final legislative adoption of the moratorium, County Council must hold a public hearing after publishing notice at least two weeks in advance.

  • The measure's definition of a data center includes cryptocurrency-mining operations, bringing those facilities within the moratorium's scope.

Benefits & exceptionsHide benefits & exceptions8

  • QTS received a Fees in Lieu of Taxes (FILOT) agreement, providing negotiated tax treatment for the data-center investment; the agreement was approved by County Council on September 18, 2023. (the FILOT was approved by the Council)

  • QTS's original property was already zoned Industrial Development, and data centers were allowed there as a by-right use, so County Council rezoning was not required. (data centers were a by-right use)

  • County Council approved a zoning-code text amendment allowing QTS additional building height above the existing maximum, after reviewing the technology and fire-safety implications. (Council accommodated the request for additional height)

  • The County approved an agreement for road improvements serving QTS, supporting construction and access to the facility. (Council approved an agreement for road improvements)

  • QTS received a South Carolina site-improvement grant that York County administered as a pass-through organization. (QTS received a site improvement grant)

  • The QTS development was approved to connect to York County water and sewer utilities, with no planned wells for the site. (approval to connect to York County water and sewer utilities)

  • The moratorium does not apply to developments whose civil site plans were approved before the ordinance took effect, allowing those developments to proceed within the previously approved scope and subject to existing conditions. (civil site plan approval was granted prior to the effective date)

  • The nine-month moratorium applies only to new data centers in York County's unincorporated areas, leaving incorporated municipalities outside the moratorium's geographic restriction. (within the unincorporated areas of York County)

Sources

Specific to York County only.

pending · County measure
This proposed county zoning amendment would change data centers from a by-right use to a special-exception or conditional-use process in specified business and industrial districts and would add project standards.York County, South Carolina Case 26-02 Data Center Zoning Amendment

Sources

Data provided by Regbase · Cookie preferences · Report missing data