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The Data Center Divide

Cannon County

Neutral Data Center Policies

Cannon County allows data centers in industrial zones only with approval on appeal; they are not allowed in other zones under this measure.

current law · Unincorporated territory
Governs land use and construction in Cannon County’s unincorporated territory by establishing zoning districts, requiring applicable zoning and building permits, regulating development standards, and providing administrative, appeal, and enforcement procedures (Resolution).Cannon County Zoning and Building Codes Resolution (amended September 5, 2024)

What this means

The measure creates a path for data centers to be built in industrial zones, where they otherwise were not specifically allowed: data centers are a use permitted upon appeal. The benefit is limited because each project still needs approval, and the measure does not allow data centers in other zones.

People behind it

  • Applicant who proposed rezoning 2622 McMinnville Highway from A-1 Agricultural to C-1 Commercial for use as a home for the elderly.

  • Reviewed and recommended the Cunningham rezoning request and has authority to recommend zoning text and map amendments.

  • Legislative body that considered and approved the rezoning and the amendment making data centers a use permitted upon appeal in the I-1 Industrial District.

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  • Body responsible for deciding special uses, special exceptions, variances, and related appeals under the amended zoning resolution, including applicable appeals for data centers.

  • County official designated to administer the zoning and building codes resolution and prepare or review amendment-related reports.

  • County official responsible for enforcing the resolution and reviewing and processing applications subject to Board of Zoning Appeals consideration.

Restrictions & requirementsHide restrictions & requirements11
  • Data centers are not generally permitted by right: they are allowed only as a use permitted upon appeal in the I-1 General Industrial District; uses not specifically permitted or approved upon appeal are prohibited. Data Centers therefore require approval from the Board of Zoning Appeals (BZA).

  • A data center requires a BZA special-exception application, which carries a nonrefundable $300 application fee. BZA Special Exception Application

  • The BZA must approve or disapprove a special exception within 75 days after submission; failure to act within that period is deemed approval, while any disapproval must be stated in writing. Within seventy-five (75) days

  • New industrial construction, including a data center in I-1, requires a site plan submitted to the Land Use Administrator for review and approval, including property, zoning, structure, parking, access, and vicinity information. For all new construction of multi-family, commercial and industrial uses

  • I-1 data-center sites must generally meet a minimum lot area of 2 acres, 100 feet of lot width, a 75-foot front setback, a 50-foot rear setback, 50-foot side setbacks, and a 50-foot corner-lot setback. Minimum required lot area

  • When an I-1 site is adjacent to a residential district, the industrial property must be completely screened with evergreen vegetation or opaque screening. completely screened with evergreen vegetation or opaque screening

  • An industrial data center must provide off-street parking at a minimum rate of one space per 1,500 square feet of floor space, along with adequate off-street loading and unloading space. Industry. Not less than one (1) space for every 1,500 square feet

  • Data-center development must comply with access and visibility controls, including no access point within 10 feet of a public-road intersection, a 20-foot intersection vision-clearance area, and state or federal highway requirements imposed by TDOT or the resolution, whichever is more restrictive. No point of access shall be allowed within ten feet

  • Industrial zoning-compliance fees are charged at $2.95 per operational square foot, and commercial, industrial, and multi-family building permits also require a valuation-based permit fee plus a plan-review fee equal to one-half of the building-permit fee. Zoning Compliance Industrial Fee and plan review fee of one-half

  • Commercial and industrial data-center buildings must be permitted and constructed under the 2024 International Building Code, in addition to applicable zoning requirements. administer and enforce the 2024 edition of the International Building Code

  • The zoning-text amendment that added data centers as an I-1 use permitted upon appeal required public-hearing consideration and a County Commission vote. make “Data Centers” a use permitted upon appeal

Benefits & exceptionsHide benefits & exceptions5
  • Data centers are expressly listed as a use permitted upon appeal in the I-1 General Industrial District, allowing them to be developed there with approval from the Board of Zoning Appeals rather than requiring a zoning-text amendment for each project. Data Centers

  • The Board of Zoning Appeals must approve or disapprove a Special Exception within 75 days after submission; if it does not act within that period, the Special Exception is deemed approved. Within seventy-five (75) days

  • More than one structure housing a permitted use may be erected on a single lot, provided that required yards and other standards are met for each structure, supporting multi-building data-center sites after approval. more than one structure housing a permitted use

  • If a data center is lawfully established and later becomes nonconforming because of a zoning change, it may continue as a legal nonconformity; changes in tenancy, ownership, or management are permitted, subject to the nonconformity rules. Nonconformities are allowed to continue

  • A nonconforming structure housing a data center may be rebuilt to its previous level of nonconformity after damage or destruction if the Building Permit is obtained within six months of the damage or destruction. it may be rebuilt to its previous level of nonconformity

Sources

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