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The Data Center Divide

Emporia city

Neutral Data Center Policies

Emporia’s city code permits data and computer services in industrial districts, with a 100-foot residential setback and noise, utility-impact, and water-monitoring requirements; these rules are city-specific, not countywide.

current law · County measure
Emporia's zoning code contains Sec.Emporia City Code § 90-424, Data and computer services

What this means

The measure makes data and computer services an explicitly permitted use in industrial districts, improving certainty for data center projects (listed as by-right). It also adds requirements such as a 100-foot residential setback, noise assessments, utility-impact documentation, and water monitoring, so the overall effect is a small benefit rather than a major one (data-center use standards).

People behind it

  • Adopted the ordinance on May 21, 2024 (adopted on May 21, 2024).

  • May initiate amendments to the ordinance or zoning map by resolution (Resolution of the Planning Commission).

  • Administers, interprets, and enforces the ordinance and zoning map (administered, interpreted, and enforced).

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  • Administers and enforces the ordinance’s subdivision article (administer and enforce the Subdivision regulations).

Restrictions & requirementsHide restrictions & requirements12
  • Data and computer services are permitted by right in I-1 and I-2 industrial districts; the use matrix marks them prohibited in other districts. Data and computer services

  • A site plan is generally required before development, land disturbance, or issuance of zoning or building permits or a certificate of occupancy; the listed exceptions do not include data centers. All development in the City requires approval of a Site Plan

  • A zoning permit is required before a building or structure is erected or altered, or a land use is established or changed. No building or other structure shall be erected

  • Before construction or land disturbance after site-plan approval, the developer must provide security for required improvements; the required amount is 110% of their estimated construction cost. The amount of the performance bond

  • All data-center equipment must be enclosed or screened to reduce visual and noise impacts. All equipment must be enclosed or screened

  • The facility, including backup generators and outdoor equipment, must be at least 100 feet from an adjacent residential district or property. Minimum 100 feet from adjacent residential district or property

  • Pre- and post-construction noise impact assessments are required to demonstrate compliance with the noise ordinance. Pre- and post-construction noise impact assessments required

  • Landscaping and buffering must meet Article VIII community design standards. Landscaping and buffering

  • Parking must meet the requirements for warehousing and distribution. Parking: Same requirements as warehousing and distribution

  • The applicant must document available electrical service capacity and submit a utility-impact assessment from the service provider. documentation of available electrical service capacity

  • The facility must include backup systems for critical-load continuity. backup systems for critical load continuity

  • If water cooling is used, the system must meet public-works and environmental guidelines, and water-efficiency and monitoring systems are required. If water cooling is used

Benefits & exceptionsHide benefits & exceptions4
  • Data and computer services are listed as by-right uses in the I-1 and I-2 industrial districts, so the use matrix does not require a conditional use permit for those districts. The use remains subject to applicable site-plan, zoning-permit, and performance standards. Data and computer services

  • Site plans generally must be approved or disapproved within 60 days after they are officially submitted and accepted for review; a modified resubmission after disapproval must be acted on within 45 days. This provides a review timetable for data-center development, though state-agency review can affect the timing. Site Plans shall be approved or disapproved within 60 days

  • The ordinance says it does not impair a property owner’s vested right in a land use; the Administrator determines whether a right is vested under Virginia law. This protection applies only when the legal requirements for vesting are met. shall not impair a vested right

  • Data-center parking requirements are the same as those for warehousing and distribution, giving the use a specified parking standard rather than a separate one. Same requirements as warehousing and distribution

Sources

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