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Regbase

The Data Center Divide

Campbell County

Pro-Data Center Policies

Campbell County allows data centers by right in Industrial-Heavy zones and permits them in Industrial-General zones through special-use approval, which adds an approval step.

current law · County measure
This amendment added the definition of “Data Center” in §22-2(B)(42), made data centers a special-use activity in Industrial-General zoning, and made them a by-right activity in Industrial-Heavy zoning.Campbell County Chapter 22 Zoning Ordinance 2024 Data Center Amendment

What this means

The change creates a clear path for data centers in both industrial districts: they become allowed by right in Industrial-Heavy zoning and eligible by special-use approval in Industrial-General zoning. The special-use process adds an approval hurdle in one district, but overall the zoning changes make development more feasible.

People behind it

  • Directed the Mixed Use Residential Structures and Community Mixed Use District provisions at its May 21, 2024 work session and adopted the Chapter 22 amendments on July 16, 2024.

  • Requested the amendments adding and regulating data centers, including making them a special-use activity in Industrial-General zoning and a by-right use in Industrial-Heavy zoning.

  • Originated the statutory changes requiring the amendments concerning Adult Day Center terminology, vested rights and good-faith reliance, and special-use-permit validity.

Restrictions & requirementsHide restrictions & requirements1
  • Data centers in the Industrial-General (I-G) zoning district require a special use permit, creating an additional approval requirement beyond ordinary by-right development.

Benefits & exceptionsHide benefits & exceptions4
  • The ordinance adds a formal definition of “Data Center” in §22-2(B)(42), allowing data centers to be specifically addressed in the zoning regulations. Adds the definition of Data Center

  • In the Industrial-General (I-G) district, data centers are allowed as a special-use activity. This permits them to be developed in I-G areas with approval of a special use permit rather than requiring rezoning. Makes data centers a special use activity in Industrial General zoning

  • In the Industrial-Heavy (I-H) district, data centers are permitted by right, eliminating the need for a special use permit for that use, subject to the district’s other applicable requirements. Makes data centers a by-right activity in Industrial Heavy zoning

  • Section 22-7 is updated to recognize good-faith reliance and vested rights in zoning decisions. A data-center project that satisfies the applicable requirements for vesting may receive protection against later zoning changes, subject to the section’s vesting standards. Conforms the language of the County code to the current language for good faith reliance and vested rights

Sources

Specific to Campbell County only.

expired · Unincorporated areas
Campbell County's December 2, 2025 emergency ordinance removed data centers as a by-right Industrial-Heavy use and required a special use permit.Campbell County Emergency Ordinance Amending Chapter 22-15(A)(17), Data Centers

What this means

The amendment would remove data centers as a by-right use and require a special use permit in Industrial-Heavy zones, adding a public approval step and allowing the Board to deny or condition projects. That creates a significant hurdle and uncertainty for new centers or expansions, though it is not a ban.

People behind it

  • Adopting body; final ordinance moved on motion of Supervisor Cline.

  • County Attorney; prepared amendment memorandum.

Restrictions & requirementsHide restrictions & requirements1
  • Removes data centers as a by-right use in Industrial-Heavy Zones, adding discretionary special-use review.

Benefits & exceptionsHide benefits & exceptions1
  • The emergency amendment would not impact any projects that had vested rights. Data centers remain possible as a special use only use.

Sources

expired · County measure: Industrial-Heavy zones
Campbell County adopts an amendment to Chapter 22-15(A)(17) removing data centers as a by-right use in Industrial-Heavy zones and making them a special-use-only use under Chapter 22-15(A)(28).Campbell County Chapter 22 Data Center Special-Use-Permit Ordinance and 120-Day Measure

What this means

The measure would require a special-use permit for data centers in Industrial-Heavy zones instead of allowing them automatically, adding a public review step and potential delay. It does not ban data centers and applies only in those zones, so the added hurdle is meaningful but limited. Data centers would become a special-use-only use in Industrial-Heavy zones

People behind it

  • Adopting body

  • Moves adoption

Restrictions & requirementsHide restrictions & requirements1
  • Removes data centers as a by-right use in Industrial-Heavy Zones and makes them special-use-only uses.

Sources

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