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The Data Center Divide

Dinwiddie County

Neutral Data Center Policies

Dinwiddie County allows data centers through rezoning and a conditional use permit, with height, screening and noise rules; projects needing 100 megawatts must submit assessments and power-infrastructure information.

current law · County measure
Would apply to applications for rezoning or conditional use permits for new facilities expected to require at least 100 megawatts of electrical power from a retail electric utility.Dinwiddie County Code § 22-245.5, Siting of High Energy Use Facilities

What this means

New data centers needing at least 100 megawatts would have to submit sound and environmental assessments and information about power infrastructure with rezoning or permit applications, adding cost and effort (application assessment requirements). The proposed M-3 district also excludes data warehouse centers from its life-sciences use, limiting that particular zoning option (“shall not include a data warehouse center”); neither provision amounts to a general ban on data centers.

People behind it

  • Recommended the high energy use facility siting amendment and proposed the Life Sciences, Biotechnology, and Advanced Manufacturing District amendment.

  • Enacted the high energy use facility siting amendment.

Restrictions & requirementsHide restrictions & requirements5
  • New high energy use facilities—defined as facilities expected to require at least 100 megawatts of electricity—must submit a sound-impact site assessment covering residential units and schools within 500 feet of the property boundary as part of a rezoning or conditional-use-permit application. High energy use facility definition and sound assessment requirement

  • Applicants for new high energy use facilities must submit a site assessment addressing effects on ground and surface water, agricultural resources, parks, registered historic sites, and forestland on the site or immediately contiguous land. Required resource-impact assessment

  • Applicants for new high energy use facilities must, to the extent known and practicable, submit information identifying new or existing substations serving the facility and the anticipated transmission voltage. Substation and transmission-voltage information

  • The high-energy-use-facility requirements do not apply to an already approved site when an expansion or modification is not anticipated to require more than an additional 100 megawatts of electricity; expansions exceeding that threshold are not covered by the exception. Expansion and modification exception

  • In the M-3 Life Sciences, Biotechnology, and Advanced Manufacturing District, the definition of a life sciences facility expressly excludes a data warehouse center, while the district's enumerated permitted uses are limited to life sciences facilities, indoor manufacturing, specified utilities, conservation areas, accessory uses, signs, and certain conditional-use communication towers. This prevents a data center from qualifying as a permitted life sciences facility in that district. Exclusion of data warehouse centers

Benefits & exceptionsHide benefits & exceptions1
  • Expansion/modification exemption: A site that already has rezoning or conditional-use approval is exempt from the high-energy-facility assessment and disclosure requirements when the proposed expansion or modification is not anticipated to require more than an additional 100 megawatts of electrical power. The exemption for expansions under 100 megawatts

Sources

current law · County measure
Would establish an Emerging Technologies zoning district for technology-focused industries and related uses near strategic resources such as high-capacity electric generation and transmission facilities, while seeking to minimize conflicts with residences, traffic, and environmental impacts and remain consistent with the Comprehensive Plan.Dinwiddie County Ordinance Adding Article IV, Division 19, Emerging Technologies District

What this means

The measure creates a zoning path for data centers, but they would still need rezoning and a conditional use permit. It also sets a 75-foot height limit and requires screening and noise planning, so the benefit is modest. Data centers are listed as a conditional use.

People behind it

  • Ordaining body responsible for adopting the Emerging Technologies District and short-term rental ordinances.

  • Administers and enforces the short-term rental registry, including registrations, fees, forms, and penalties.

Restrictions & requirementsHide restrictions & requirements10
  • A data center may operate in an Emerging Technologies District only after approval and issuance of a Conditional Use Permit.

  • The property must first be rezoned to the Emerging Technologies District through the County’s rezoning application process.

  • Before submitting a formal application, the applicant must meet with County staff to discuss the application requirements and process.

  • The rezoning application must include extensive information, including a legal survey, existing zoning and ownership, development objectives, site-condition analysis, a land-use plan, a public-services and utilities overview, an open-space and screening plan, and a noise-mitigation narrative.

  • The Emerging Technologies District is intended only for locations near strategic resources such as high-capacity electric generation and transmission facilities, with minimized conflicts with residential or commercial uses, adequate roadway capacity, no undue environmental impacts, and consistency with the Comprehensive Plan.

  • Except where the district borders industrial uses or industrially zoned areas, structures must be sufficiently screened to avoid a material-adverse visual impact on neighboring properties.

  • Structures are limited to a maximum height of 75 feet.

  • The Board of Supervisors may grant a height exception only for structures associated with an accessory use, and only if the applicant proves that the structure will not create a materially-adverse visual impact; the Board may impose conditions.

  • Applicants must address expected noise and preliminarily describe measures to ensure that equipment and processes on the property are not audible to nearby properties.

  • An on-site electric-generating facility is limited to generating electricity solely for on-site use.

Benefits & exceptionsHide benefits & exceptions8
  • Creates a separate Emerging Technologies zoning district intended for technology-focused industries and related uses, providing a dedicated zoning framework for data-center development. technology-focused industries and related uses

  • Allows a Data Warehouse Center, defined to include data storage and processing equipment and supporting infrastructure, as a conditional use in the Emerging Technologies District. Data Warehouse Center

  • Allows accessory uses associated with permitted Emerging Technologies District uses, including supporting facilities and equipment, subject to the zoning ordinance. Accessory uses to each of the permitted uses above

  • Allows an on-site electric generating facility as a conditional use, provided that the facility generates electricity solely for on-site use. On-site Electric Generating Facility

  • Provides a required pre-application meeting between the applicant and County staff to clarify application requirements and the review process before formal submission. meet to discuss the requirements of this section

  • Permits an applicant to initiate rezoning into the Emerging Technologies District by submitting a rezoning application packet with specified graphic and written information. To initiate an amendment rezoning property to the ET District

  • Allows the Board of Supervisors to grant an exception to the 75-foot maximum height for structures associated with an accessory use, if the applicant proves the structure will not create a materially adverse visual impact; conditions may be imposed. an exception may be granted by the Board of Supervisors

  • Relaxes the screening requirement for areas of the Emerging Technologies District adjacent to industrial uses or industrially zoned areas; the screening requirement applies to other areas to prevent material adverse visual impacts. With the exception of areas of the ET District adjacent to industrial uses

Sources

Specific to Dinwiddie County only.

pending · County project: Haven Oak Technology Park property: Parcel IDs 32-1-0, 32-1-0A, 32-1-1, and 32-2-1
Sets out applicant-submitted, nonbinding conditions for a proposed rezoning and conditional use permit for a 986.9-acre data-center campus near White Oak Road and Claiborne Road, with permitted uses limited to data centers, energy generation, research and technology facilities, and related accessory uses.Dinwiddie County Conditional Use Permit Proposed Conditions for Haven Oak Technology Park

What this means

These proposed, project-specific conditions allow the data center campus but add meaningful limits and costs, including non-evaporative cooling, a 70,000-gallon daily water cap, noise monitoring and mitigation, and restricted generator testing (cooling, water, sound, and generator conditions). Setbacks, buffers, and other design and construction requirements add further burdens, though they do not prohibit the project.

People behind it

  • Applicant that proposed the revised conditions of approval for the Conditional Use Permit.

  • Applicant that proposed the revised conditions of approval for the Conditional Use Permit.

Restrictions & requirementsHide restrictions & requirements16
  • The property may be used only for specified Emerging Technologies District uses, including data center warehouses, onsite energy generation, research or technology centers, science and technology centers, and related accessory uses.

  • Development must generally follow the approved Concept Plan; changes require final-engineering adjustments or Planning Director approval when consistent with the plan.

  • Buildings are limited to a maximum height of 75 feet, excluding certain mechanical equipment, penthouses, and parapet walls.

  • Development Areas must be set back at least 150 feet from the East Bay's Claiborne Road frontage and at least 200 feet from all other project perimeter boundaries.

  • The project must provide a 150-foot vegetated perimeter buffer, except along the East Bay's Claiborne Road frontage, with supplemental plantings required as needed.

  • Access points are prescribed: the East Bay must have two Claiborne Road entrances and an emergency-only Runaround Lane access, while the West Bay must have entrances on White Oak Road and Claiborne Road.

  • Construction and operational traffic must use specified entrances by bay, and the applicant must fund, construct, and dedicate right-of-way for right-turn lanes at each entrance except the East Bay emergency access.

  • The project must use only non-evaporative cooling systems.

  • The project must use public water and wastewater systems; public water use may not exceed 70,000 gallons per day, and operational or construction discharges must comply with applicable requirements and generally may not discharge directly into streams or waterways.

  • Routine operations must be designed and managed to achieve a daytime sound level of 52 dBA at the project boundary. A property-specific sound study is required within 30 days after each building enters service, and required mitigation generally must be installed within 90 days, subject to an approved longer period when necessary.

  • Generators must meet Tier 4 or equivalent air-quality standards, may operate only for testing or emergencies, and must be visually and acoustically screened. Maintenance and testing are limited to daytime hours, with testing allowed only from 9:00 a.m. to 5:00 p.m. Monday through Friday.

  • A Construction Management Plan must be submitted for approval with the initial grading permit and for each phase, covering construction traffic, hours, laydown areas, protection of the Earthworks, and procedures for newly discovered cultural or historic resources.

  • The West Bay Earthworks must remain undisturbed except for improvements at an existing crossing for secondary access and necessary utility crossings.

  • The East Bay Cemetery must remain undisturbed in place, with setbacks from ground disturbance or development, while legally required access must be maintained.

  • Buildings must meet design restrictions, including minimizing visibility from public roads and residences, locating mechanical yards and substations internally where possible, using regionally appropriate stormwater and erosion controls, employing simple forms, breaking up large facades, and using earth-tone materials while avoiding high-gloss finishes and white tones.

  • Exterior lighting must be fully shielded with house-side shields; pole-mounted fixtures may not exceed 18 feet. Authorized-use signage may not be illuminated, and building uplighting is prohibited. Temporary and legally required emergency, safety, or security lighting is exempt.

Benefits & exceptionsHide benefits & exceptions10
  • The conditional-use approval allows data center warehouses, onsite energy generation, research and technology centers, science and technology centers, and related accessory uses in the Emerging Technologies District.

  • Accessory uses may include support offices, security and maintenance facilities, storage, equipment logistics, energy or fuel storage, battery storage, water and sewer facilities, communications utilities, and other supporting uses; these may be located on separate legal parcels.

  • The Concept Plan may be adjusted during final engineering or subdivision planning, including changes to parcel lines, roads, development-area boundaries, utility locations, stormwater facilities, and dimensions outside development areas, to comply with agency requirements. Other changes may be approved by the Planning Director if consistent with the plan's intent.

  • Buildings may be constructed up to a maximum height of 75 feet, measured from the average ground elevation along the front of the building to the highest roof point, excluding mechanical equipment, penthouses, and parapet walls.

  • Designated Development Areas may contain data center buildings, substations, internal roads, onsite energy facilities, utilities, parking, stormwater facilities, landscaping, and similar improvements. Areas outside those zones may also be used for roads, utilities, stormwater management, access drives, security perimeters, and limits of disturbance, subject to the required buffers and setbacks.

  • The project is authorized to have specified access points: three for the East Bay, including emergency-only access to Runaround Lane, and two for the West Bay, including access from White Oak Road and Claiborne Road.

  • The applicant must fund, construct, and dedicate right-of-way for right-turn lanes at each project entrance other than the East Bay emergency entrance. The condition states that the submitted traffic analysis identified no other necessary improvements.

  • The project is to be served by public water and wastewater systems, providing public utility infrastructure for the data center campus. Public water use is limited to 70,000 gallons per day, excluding the separate requirements governing discharge and irrigation.

  • Emergency generator operations are exempt from the routine-operational sound limit, when emergency means a sudden or reasonably unforeseen event beyond the facility's control that requires emergency generators.

  • The Construction Management Plan process allows construction traffic routes, construction hours, laydown areas, and phased construction procedures to be established and approved when grading permits are issued for the initial improvements and later phases.

Sources

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