City of Plainview
Anti-Data Center Policies
Plainview’s ordinance does not specifically list data centers, so the city must decide whether they fit an allowed use; otherwise, they may be prohibited. Ordinary zoning and site-plan review may cause uncertainty or delays, but no data-center-specific requirements are described.
current law · City of PlainviewThe ordinance establishes an M1 industrial zoning district with requirements intended to govern industrial-zone applications, including proposed data-center developments in Plainview, Hale County.Plainview M1 District Ordinance
What this means
The ordinance does not specifically name data centers, so the city must decide whether one fits a listed use; an unlisted use found not functionally similar to a listed use is prohibited (unlisted uses may be prohibited). Data centers would also face ordinary zoning and site-plan review, creating meaningful uncertainty and potential delays, but the sources show no data-center-specific ban or added requirements.
People behind it
- City Council
Adopted the zoning ordinance and has authority to approve amendments, rezonings, and other public-body approvals.
- Planning and Zoning Commission
Recommends zoning ordinance amendments, conducts required public hearings, and decides or reviews specified zoning approvals.
- City staff
May initiate studies or propose amendments to the Comprehensive Plan and administers staff review processes.
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- City Manager
May initiate requests for amendments to the text of the zoning chapter.
- Administrator
Administers the zoning chapter, reviews applications, issues administrative approvals, and enforces its requirements.
Restrictions & requirementsHide restrictions & requirements15
Data centers are not specifically listed in the land-use tables. The Administrator must determine whether an unlisted data center is a subcategory of or functionally similar to a listed use; if it is not, the use is prohibited. The determination may consider parking demand, traffic, emissions, noise, lighting, dust, odors, hazardous materials, building character, operations, and hours. New and unspecified uses
A property without a zoning designation, including newly annexed property without an express zoning designation, defaults to Rural/Agricultural (RA). A data-center project that is not allowed under the resulting classification would need a zoning-map amendment. Undesignated property defaults to RA
Rezoning requires a pre-application conference, an application fee, a legal description and survey plat, and supporting data showing general conformity with the Comprehensive Plan. The Planning and Zoning Commission must hold a public hearing and make a recommendation, and the City Council must decide the request. Rezoning application and public-body process
All development, redevelopment, and substantial improvement within Plainview generally requires a site development plan before a building permit. The plan must show buildings, setbacks, open space, landscaping, parking, loading, and circulation, and must include grading, engineering, drainage, landscaping, and lighting plans. Site development plan requirement
A building permit cannot be issued unless the project complies with the zoning chapter, floodplain requirements, site-development-plan requirements, and other applicable city ordinances. Building-permit prerequisite
A data-center building cannot be occupied without a Certificate of Occupancy. The certificate requires a finding that all applicable zoning and city-code requirements have been met, and a change between residential and nonresidential use also requires the certificate. Certificate of occupancy requirement
New nonresidential uses must generally landscape 10% of the development site. The requirement may be reduced by up to 5 percentage points only through site-plan approval involving xeriscaping, existing-vegetation preservation, and Water-Wise irrigation over at least two-thirds of the development area. Nonresidential landscaping requirement
Required off-street parking must be provided before a building permit, change-of-use permit, occupational license, or Certificate of Occupancy is issued. If the data center is treated as a new or unspecified use, the Administrator determines the parking requirement through the unlisted-use classification process; fractional parking requirements are rounded up. Parking compliance before approval
A nonresidential facility with at least 10,000 square feet of gross floor area must provide off-street loading facilities. The requirement is at least one loading space for 10,000–50,000 square feet, two for 50,000–100,000, three for 100,000–200,000, and one additional space for each additional 100,000 square feet. Industrial and manufacturing uses require an additional loading space for each floor-area classification. Loading-space thresholds
The City may approve a reduction in required parking or loading only if the applicant provides a qualified, certified traffic engineer's peak-demand analysis based on at least five comparable uses, with detailed documentation of the comparisons. The City may hire its own reviewing traffic engineer at the applicant's or owner's expense. Parking and loading reduction requirements
Applications can be withdrawn if requested missing materials are not supplied within 10 business days. An application becomes stale after 90 days of inaction, or after 180 days when the applicant is actively addressing comments; it is automatically void six months later unless an extension is requested for cause. Fees are not refunded, and a new application and fees are required after expiration. Application completeness and expiration rules
A Planned Development district requires a minimum tract of 10 acres and must materially advance the district's purposes and produce a higher-quality development than ordinary zoning would allow. PD zoning cannot waive the lighting requirements in Section 14.06.003 or the city's noise regulations, and creating a PD requires the rezoning process. Planned Development requirements
If a data-center use is classified as a Limited Use, it requires administrative approval under the applicable limited-use standards; if classified as a Special Use, it requires public hearings before the Planning and Zoning Commission and City Council and a Special Use Permit. The City may impose additional conditions addressing operations, access, parking, lighting, buffering, landscaping, and compatibility. Limited and special use approval rules
A nonconforming data-center use, building, or sign may not be enlarged or extended. A nonconforming use that ceases for more than 60 days must conform to current district regulations, and abandonment for six consecutive months or 18 months during any three-year period terminates the right to continue the use. Nonconformity limits
The City may withhold, suspend, temporarily revoke, or permanently revoke permits and approvals for violations, false representations, departures from approved plans, or requests by a referral agency. It may also issue stop-work and cease-and-desist orders, seek abatement or injunctions, and impose a misdemeanor fine of up to $2,000 per day that a violation continues. Enforcement and penalty provisions
Benefits & exceptionsHide benefits & exceptions13
Unlisted data-center uses may be approved if the Administrator determines they are a subcategory of, or functionally similar to, a listed use. The determination considers factors such as parking, traffic, noise, lighting, emissions, hazardous materials, building character, operations, and hours; if the use is not functionally similar, it is prohibited. New and unspecified uses
Uses classified as permitted uses may proceed as of right, subject to applicable development standards and administrative permit procedures. Limited uses may be approved administratively by the Administrator rather than requiring City Council approval, although they must satisfy specified limited-use standards. Permitted and limited uses
The Light Industrial and Heavy Industrial districts are intended for industrial, warehousing, storage, manufacturing, and related commercial activities, providing potential zoning locations for a data center if its use is classified within those categories. Industrial district purposes
A Planned Development district allows a building or premises to use any use allowed in any district, except uses specifically prohibited by the ordinance or uses inconsistent with the Comprehensive Plan. It also permits modifications to height, lot, and yard standards when nearby properties will not be adversely affected and the development provides a higher standard of built environment. A PD application requires at least 10 acres, and the development must meet the ordinance's quality and open-space requirements. Planned Development flexibility
Utility lines are permitted uses in all listed zoning districts, and utility transfer stations are also permitted across the districts shown in the use table. These provisions can facilitate connecting a qualifying data center to utility infrastructure, subject to other applicable requirements. Utility line and transfer-station permissions
Off-site parking may be approved in any zoning district if a permanent, irrevocable easement is recorded, the parking is within 300 feet in a straight line, and it is not located on the same lot as a residential dwelling. In the Downtown and Mixed Use districts, remote parking may be up to 600 feet away. Off-site parking allowances
Shared parking may be approved through a site plan, with a legally sufficient perpetual-use agreement. For uses with opposite peak-use periods, required parking may be reduced by up to 60 percent. Shared parking reduction
The Administrator may approve reductions in required parking or loading when supported by a qualified, certified traffic engineer's peak-demand analysis of at least five comparable uses, with detailed documentation of the comparison. Parking and loading reductions
Approved development may be carried out under the zoning regulations and standards applicable when the approval was granted, provided the approval remains valid and has not lapsed. Protection for prior development approvals
A complete pending development application is generally evaluated under the zoning regulations in effect when it was submitted, rather than later amendments. The protection can be lost if the applicant does not pursue the application diligently and it expires. Rules for pending applications
Lawfully established but later nonconforming uses, buildings, structures, lots, and signs may generally continue without immediate retrofit or removal. However, nonconformities may not be enlarged, and a nonconforming use can lose its continuation rights after specified periods of abandonment or cessation. Nonconforming-use protections
Certain building additions are exempt from the site-development-plan requirement when the addition does not exceed 15 percent of gross floor area or does not require a parking expansion exceeding 15 percent. This may streamline qualifying expansions, but it does not eliminate building permits or other applicable approvals. Site-plan exemptions for additions
A zoning variance may be granted for specified standards, including parking, landscaping, and signs, when strict compliance would create an unnecessary hardship caused by a physical condition peculiar to the land. Financial hardship alone is insufficient, and approval requires four affirmative votes of the five-member Zoning Board of Adjustment. Variance authority
Sources
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