Sumner County
Anti-Data Center Policies
Sumner County allows data centers in heavy industrial zones; light industrial sites need extra approval, and projects generally require site-plan approval, which can add time and uncertainty but is not a ban.
current law · Unincorporated areasRegulates land, buildings, structures, and land uses in unincorporated Sumner County to protect public health, safety, welfare, property values, and orderly development, including by separating incompatible uses and controlling development impacts.Sumner County Zoning Resolution (2025)
What this means
Data centers can be built in heavy industrial zones, but light industrial sites require extra approval, and projects generally need site-plan approval (zoning rules). These steps can add time and uncertainty, but they do not amount to a ban.
People behind it
- Sumner County Regional Planning Commission
Introduced and proposed Resolutions 2024-01 and 2024-02, requested and approved/certified the zoning resolution, and makes recommendations on zoning amendments and development applications.
- Sumner County Development Services Planning and Engineering Department
Prepared the zoning resolution for the Regional Planning Commission and administers planning and engineering provisions.
- Sumner County Board of Commissioners
Adopted the zoning resolution and holds authority over zoning text and map amendments.
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- Sumner County Board of Zoning Appeals
Administers the zoning resolution by deciding administrative appeals, variances, special exceptions, and related zoning matters.
- Planning Director
Administers the zoning resolution by maintaining records, issuing zoning compliance forms, interpreting provisions, and processing applications.
- Director of Building Codes
Enforces the zoning resolution and issues building and occupancy permits and certificates.
- County Engineer
Administers engineering, drainage, stormwater, site-plan, subdivision, and floodplain responsibilities under the zoning resolution.
Restrictions & requirementsHide restrictions & requirements15
Data Processing Facilities, including data centers and cryptocurrency-mining facilities, are classified as industrial uses. They are permitted by right only in the HI Heavy Industrial District, require a special exception in the LI Light Industrial District, and are prohibited in the other zoning districts. Data Processing Facilities
A data center proposed in the LI District must obtain a special exception from the Board of Zoning Appeals. The process requires a public hearing, public notice and payment of notice costs by the applicant, a professional plot plan or site plan, and findings addressing public health and safety, impacts on surrounding property, and compatibility with district regulations. The Board of Zoning Appeals may hear and decide
Special-exception applications generally require a hearing within 60 days after filing and a final decision within 90 days after the application is first considered, unless the applicant requests or agrees to an extension. No more than 60 days after the filing
A temporary moratorium bars new data-center development in unincorporated Sumner County during the moratorium period.
Construction, relocation, enlargement, or structural alteration of a data center requires a zoning compliance form and building permit. The building may not be occupied or operated until a certificate of occupancy is issued. No building or other structure shall be erected
Because data centers are nonresidential uses, building-permit applications generally must include a professionally prepared and stamped site plan. Plans not eligible for administrative approval require Regional Planning Commission review, and approval expires after 18 months if no building permit is issued. All applications for building permits
Industrial data centers must satisfy performance standards for noise, vibration, odors, glare, electromagnetic interference, air pollution, smoke and particulates, and hazardous materials. Examples include a 75 dBA industrial-boundary noise limit, no instrument-free discernible vibration at the lot line, and a 0.5 foot-candle lighting limit at residential boundaries or street rights-of-way. No land or building in any district shall be used
LI data centers must meet minimum dimensional standards of 40,000 square feet of lot area, 100 feet of lot width, 50-foot front and 20-foot side and rear setbacks, a 40-foot maximum height, 50% maximum lot coverage, and a 1.0 maximum floor-area ratio. HI data centers must meet 80,000 square feet, 150 feet, 70-foot front, 30-foot side, and 50-foot rear setbacks, a 50-foot maximum height, 75% maximum lot coverage, and a 1.5 maximum floor-area ratio. LI – Light Industrial HI – Heavy Industrial
Industrial data centers must provide underground utility connections, required sidewalks and fire protection, and comply with County building-code and State Fire Marshal fire-protection requirements. Existing developments are exempt from the fire-protection requirement unless there is a change of use or expansion. All utility service connections shall be underground
Industrial data centers are subject to landscaping, screening, and buffering requirements, including buffer yards that may be 25, 35, or 50 feet wide depending on the use and adjoining properties. Landscaping generally must be installed before a certificate of occupancy; delayed installation requires security, a performance bond, or a letter of credit for 110% of the uncompleted cost. Buffer yards are required
Off-street parking must be provided at the greater of one space per 1,500 square feet of gross floor area or one space per three employees during the largest shift. Nonresidential parking generally must use asphalt, concrete, or another approved dustless hard surface and meet drainage, accessibility, barrier, and landscaping requirements. All Activities
A traffic impact study is required when a proposed data center is expected to generate more than 100 peak-hour vehicle trips, when a more intensive use exceeds that threshold, or when County staff identify roadway, access, or safety concerns. The study must be prepared by a Tennessee-licensed professional engineer, and recommended transportation improvements and their costs may be assigned to the developer. A traffic impact study
Major data-center site plans are subject to stormwater-management requirements. Detention or another stormwater facility is presumed necessary unless the applicant's engineer proves otherwise; required private engineering reviews are paid entirely by the applicant, and unpaid review invoices prevent the application from being placed on the Planning Commission agenda. Stormwater burden and review-cost provisions
If an existing data-center building is expanded or remodeled by more than 50% of its square footage within any 24-month period, the entire site must be brought into compliance with required zoning improvements. A change of use is allowed only to a use permitted in the applicable district. 50-percent expansion rule
A data center in a newly erected or altered building may not operate until the County issues a certificate of occupancy confirming compliance with zoning and building-code requirements. Stormwater infrastructure, completion certifications, and as-built drawings may be required before issuance. Certificate-of-occupancy requirement
Benefits & exceptionsHide benefits & exceptions8
Data centers are expressly classified as “Data Processing Facilities,” including associated generators, air handlers, water-cooling and storage systems, utility substations, and other supporting utility infrastructure. Data Processing Facilities
Data Processing Facilities are permitted by right in the Heavy Industrial District and allowed by special exception in the Light Industrial District. Data Processing Facilities
Industrial bulk standards provide substantial development capacity: Light Industrial lots may have up to 50% lot coverage and a 1.0 floor-area ratio, while Heavy Industrial lots may have up to 75% lot coverage and a 1.5 floor-area ratio; minimum lot areas are 40,000 square feet and 80,000 square feet, respectively. Industrial bulk regulations
Data centers may use an Industrial Planned Unit Development, through which the County may modify lot sizes, setbacks, height, lot coverage, and other bulk requirements in the approved development plan. PUD bulk regulations
Industrial Planned Unit Development approval does not require separate Board of Zoning Appeals action, although Planning Commission review and County Commission approval are still required. Waiver of Board of Zoning Appeals action
If an industrial or commercial data center becomes nonconforming because of a zoning change, it may continue operating, expand its operations, construct additional facilities on land it already owns, and demolish and reconstruct facilities, provided the use classification is not changed and applicable dimensional standards are met for rebuilt structures. Nonconforming industrial or commercial uses
Nonconforming-use protections generally remain available unless the industrial or commercial use ceases for 30 continuous months, or a shorter period required by state law. The period may be tolled during litigation, permitted construction or reconstruction, and certain building-permit proceedings. 30 continuous months
Industrial districts allow accessory activities customarily associated with the principal use, including off-street parking and loading, employee childcare, one associated dwelling or rooming unit for an employee, administrative offices, signs, temporary sales or promotion structures, recycling drop-off centers, and employee or participant recreational facilities. Permitted accessory uses
Sources
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