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The Data Center Divide

City of Chesapeake

This restriction takes precedence while in effect. The rating below excludes temporary restrictions.

Mixed Data Center Policies

Chesapeake requires city approval for data centers in certain districts and imposes added studies and operating standards for water, power, noise, and fire safety; these hurdles are significant but do not amount to a ban.

Rating from Virginia statewide as there are no scored current or future laws outside temporary restrictions for City of Chesapeake.

current law · City of Chesapeake
Adopted on August 18, 2026, the amendment establishes rules for data-center development and operation to protect public health, safety, and welfare and address impacts on infrastructure and surrounding properties (ordinance).Chesapeake Zoning Ordinance Amendment, PLN-TXT-2026-001 (2026)

What this means

The measure would make data centers conditional-use projects in limited districts, requiring city approval rather than allowing them by right (conditional use permit). Applications would also face added studies and operating standards for water, power, noise, and fire safety (application and operating requirements). These approval hurdles and compliance costs are significant barriers, though they do not amount to a ban.

Timing

Ends
eight months from adoption of the July 21, 2026 resolution or when City Council takes final action on the pending Comprehensive Plan amendment, whichever occurs first

The temporary deferral applies to Planning Commission recommendations and City Council consideration of discretionary land-use applications related to proposed data centers. The sources also describe a separate temporary deferral of consideration of the Data Center Policy, subject to the same additional-public-input and research process.

People behind it

  • Initiated and adopted the data-center zoning amendment and requested Planning Commission review and recommendations.

  • Considered the proposed amendment and recommended approval to City Council.

  • Listed as the applicant and staff planner responsible for the data-center text-amendment application.

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  • Administered the text-amendment application and prepared staff materials and recommendations.

Restrictions & requirementsHide restrictions & requirements18
  • Data centers are classified as a conditional use rather than a by-right use in the M-1 Light Industrial and M-2 General Industrial districts, requiring a conditional use permit under Article 17 before construction. (each applicant must apply for a conditional use permit)

  • The ordinance removes data centers from the broader by-right category of computer programming, data processing, and related services by expressly excluding data centers from that classification. (except Data Centers)

  • Each application must include a viewshed analysis with line-of-sight studies from at least four adjacent public rights-of-way or properties and visual simulations of proposed mitigation at installation and mature height in summer and winter. (line of sight analysis from at least four vantage points)

  • Applicants must obtain an electric utility letter identifying serving infrastructure, confirming adequate service, and estimating full-capacity energy use and voltage. (Electricity confirmations)

  • Applications must include a qualified-engineer noise study using ISO 9613 standards, nighttime and other ambient measurements, at least four property-line measurement points, sound modeling, and mitigation recommendations. (Noise study)

  • Applications must include a Fire Marshal-reviewed emergency response plan, including emergency-vehicle access, fire-protection systems, hydrant evaluations within 400 feet, responder training, and annual fire-safety inspections. (evaluation of all fire hydrants)

  • Applications must include approved landscape and lighting plans, including a photometric analysis for external lighting. (lighting plan)

  • Applicants must submit water-system, fire-protection, and sanitary-sewer capacity analyses demonstrating adequate public-system capacity, including projected domestic, process, cooling, fire-flow, and industrial-wastewater demands and any required off-site improvements. (sufficient public water system capacity)

  • Facilities qualifying as high energy use facilities, meaning those expected to require at least 100 megawatts, must submit an additional site assessment addressing sound impacts on nearby residences and schools and effects on ground and surface water, agricultural resources, parks, historic sites, and forestland. (100 megawatts or more)

  • Data centers must meet specified setbacks, buffer yards, fencing or berms, and landscaping requirements, including a 100-foot setback from rear or secondary front yards, a 100-foot setback from streets or rights-of-way, and a residential or agricultural separation measured from property lines and existing residences. (Table of required setbacks, buffer yards, landscaping, and fencing)

  • Data centers must connect to and be served by a public water system; private groundwater systems are prohibited. (Private groundwater systems shall be prohibited)

  • Generators may be used only for backup emergency power, may not be the primary electricity source, must meet EPA Tier 4 standards, and may be tested only from 9:00 a.m. to 5:00 p.m. on weekdays for a maximum of one hour per week for all generators combined. (limited to one hour per calendar week)

  • Generators may not be used behind the meter or to provide bridge power. (Generators may not be used behind-the-meter or to provide bridge power)

  • Data centers and ancillary equipment must not exceed the ambient noise environment established by the required noise study, and steady tonal noise is subject to separate daytime and nighttime C-weighted limits at residential or agricultural property boundaries. (shall not generate sound that exceeds the ambient noise environment)

  • A post-construction sound study must be completed no later than 12 months after issuance of a certificate of occupancy or when the facility becomes operational, whichever occurs first. (Not later than twelve months)

  • Data centers must comply with enhanced fire and life-safety requirements, including fire-apparatus access, at least two site access points, staging areas, automatic sprinkler systems, and any additional systems required by the Fire Marshal. (at least two properly spaced access points)

  • Data centers with battery energy storage systems must provide a hazard-mitigation analysis and use enhanced separation, suppression, detection, ventilation, explosion-control, and maximum-allowable-quantity measures, subject to Fire Marshal review. (hazard mitigation analysis)

  • The ordinance applies to all data centers operated after its effective date and applies to pre-existing data centers when they expand, are modified, or undergo a change of use. (pre-existing data centers upon expansion)

Benefits & exceptionsHide benefits & exceptions8
  • Data centers are expressly allowed as conditional uses in M-1 Light Industrial and M-2 General Industrial districts, subject to a conditional use permit and the ordinance’s requirements. Data Centers | C | C | C | C | C | C

  • The Fentress Airfield Overlay District may authorize data centers in addition to uses allowed by the property’s underlying zoning, provided a conditional use permit is granted. any of the following uses may be authorized

  • City Council may approve data-center buildings up to 95 feet high through the conditional use permit when no adjacent property is zoned or used residentially and the added height does not interfere with a governmental easement or restriction. maximum height up to ninety-five (95) feet

  • Pre-existing data centers may continue operating and become subject to the new requirements only upon expansion, modification, or change of use under Article 15. to pre existing data centers upon expansion, modification, or change of use

  • Data centers may install generators for backup emergency power and to reduce service interruptions, although generators may not be the primary electricity source. generators to provide backup emergency power

  • Backup generators may be tested for up to one hour per calendar week, collectively, during weekday business hours, subject to the ordinance’s other generator restrictions. limited to one hour per calendar week for all generators

  • Battery energy storage systems, including systems used for uninterruptible power supply, are expressly permitted as accessory uses at data centers when they comply with the specified fire-safety and zoning requirements. data center that contains a battery energy storage system as an accessory use

  • When public water capacity is insufficient, a data center may provide an on-site private fire-protection water system, such as storage tanks, pumps, or looped supplies, subject to Fire Marshal approval. shall provide an on-site private fire protection water supply system

Sources

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