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The Data Center Divide

City of Irving

Anti-Data Center Policies

Irving allows new data centers only in certain industrial or commercial districts with a conditional-use permit, and requires 300-foot setbacks from residentially zoned property and screening for equipment.

current law · City of Irving
Re-adopts Irving’s Unified Development Code standards for data centers and requires new principal-use data centers to obtain a Conditional Use Permit in the C-W, ML-20, ML-20a, ML-40, ML-120, and C-P zoning districts (regulates data centers; require approval through a Conditional Use Permit).Irving Ordinance ORD-2025-11063 (2025)

What this means

The ordinance makes new principal-use data centers possible only in specified industrial or commercial districts and only with a conditional use permit, which can add approval time and uncertainty (CUP only). It also imposes substantial site and design limits, including 300-foot setbacks from residentially zoned property and equipment screening, though it does not ban data centers outright (300 feet).

People behind it

  • Moved the motion to approve Ordinance No. 2025-11063.

  • Seconded the motion to approve Ordinance No. 2025-11063.

  • Reviewed the data-center regulatory proposal and directed staff to prepare the ordinance.

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  • Was directed to draft the proposed data-center regulations and ordinance.

  • Considered the proposed amendments and issued its final report to the City Council.

Restrictions & requirementsHide restrictions & requirements17
  • New data centers operating as a principal use require a Conditional Use Permit (CUP); CUP applications are limited to the C-W, ML-20, ML-20a, ML-40, ML-120, and C-P zoning districts.

  • A CUP is not required for property with an S-P-1 or S-P-2 site-plan zoning case that specifically approved a data center before the ordinance was adopted, although the property must still comply with the ordinance's other requirements or the site plan.

  • A principal-use data center must maintain at least 300 feet between its building and the nearest property line of any residentially zoned property, measured separately for front, side, and rear setbacks.

  • Ground-mounted equipment for a principal-use data center, including generators, fuel tanks, cooling equipment, heat exchangers, and UPS units, may not be located between a building wall and a public or private street or within 300 feet of residentially zoned property.

  • Ground-mounted equipment must generally be fully screened on all sides by a masonry wall one foot taller than the equipment or 10 feet tall, whichever is greater; screening may be omitted from adjacent ML-20, ML-20a, ML-40, ML-120, or C-P property if the equipment is at least 300 feet from residentially zoned property.

  • All rooftop equipment at a principal-use data center must be fully screened on all sides by an opaque wall that is one foot taller than the equipment or at least five feet tall, whichever is greater.

  • The maximum height for a principal-use data center is 75 feet, measured at the top plate and excluding parapets, rooftop screening, and equipment.

  • Principal-use data centers must comply with detailed exterior-lighting controls, including shielding and concealment, no glare onto adjacent lots or streets, a maximum off-site illumination increase of one footcandle, restricted uplighting, limits on building-mounted fixture height, security-lighting requirements, and freestanding fixture height limits of 20, 25, or 35 feet depending on proximity to residential zoning.

  • An accessory-use data center may not exceed 1,000 square feet.

  • An accessory-use data center may not exceed 15 feet in height.

  • An accessory-use data center may not be located in a required front, side, or rear setback, between a principal building and a public or private street, or within 50 feet of residentially zoned property.

  • Cooling systems, UPS units, and other associated equipment for an accessory-use data center must be contained within the accessory data-center structure or the principal building; backup generators and fuel tanks must meet the principal-use setback and screening standards.

  • An accessory-use data center must be fully screened on all sides by a solid masonry wall at least one foot taller than the data-center structure, with ventilation perforations allowed only if the facility remains fully visually screened.

  • In the P-O, C-O, and C-N districts, an accessory data center must be at least 20 feet from any street right-of-way.

  • In the FWY district, an accessory data center may not be in a front yard and must be at least 30 feet from any street right-of-way.

  • A principal-use data center must provide at least one off-street parking space for every 300 square feet of floor area used for office, meeting, training, or security personnel functions.

  • Violating or failing to comply with the ordinance may result in a fine of $1 to $2,000, with each day of continuing violation treated as a separate offense.

Benefits & exceptionsHide benefits & exceptions4
  • Allows a principal-use data center to be developed in the C-W, ML-20, ML-20a, ML-40, ML-120, and C-P districts through a Conditional Use Permit, subject to Sections 2.3.5 and 3.20. Data Center, by CUP only

  • Allows data centers as accessory uses in the P-O, C-O, C-N, C-C, and FWY districts, subject to Section 3.20 and applicable location limits. Data Center, subject to compliance with Section 3.20

  • Grandfathers properties with an S-P-1 or S-P-2 site-plan zoning case that specifically approved a data-center use before the ordinance: those properties do not need a new Conditional Use Permit, although they must still meet Section 3.20 and any applicable site-plan requirements. A Conditional Use Permit is not required

  • Sets the minimum parking requirement for a principal-use data center at one space per 300 square feet used for office, meeting, training, or security personnel functions, rather than applying that ratio to all data-center floor area. One (1) space for each three hundred (300) square feet

Sources

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