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The Data Center Divide

Henrico County

Anti-Data Center Policies

Henrico County requires principal-use data centers to obtain a provisional use permit, allowing public review and conditions that may delay or limit approval. Generator testing hours and cooling systems are restricted; accessory centers remain allowed under standards.

current law · County measure
This adopted comprehensive-plan amendment provides data-center-specific guidance for evaluating new proposals, including residential buffers, building setbacks, screening of mechanical equipment and substations, noise studies, utility planning, and environmental considerations.Henrico County Data Center Comprehensive Plan Amendment / Data Center Design Guidelines (2025)

What this means

The ordinance would require a provisional use permit for data centers as a principal use, adding a discretionary approval step that can make projects slower and less certain (permit requirement). It also limits generator testing hours and requires public water and sewer and closed-loop or recycled cooling, while still allowing accessory data centers subject to standards (operating requirements).

People behind it

  • Prepared and proposed the data center comprehensive-plan objectives and guidelines and recommended their approval.

  • Considered, amended, and adopted the comprehensive-plan amendment and related zoning ordinance.

  • Moved approval of the comprehensive-plan amendment and related zoning ordinance and moved the amendment increasing the recommended setback to 500 feet.

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  • Seconded approval of the comprehensive-plan amendment and related zoning ordinance.

  • Concurred with the Department of Planning’s recommendation for approval.

Restrictions & requirementsHide restrictions & requirements14
  • A data center as a principal use requires a provisional use permit, rather than being allowed by right; accessory data centers remain allowed by right when serving an office or industrial use on the same or adjacent premises.

  • For principal data centers outside the M-1, M-2, and M-3 districts, all equipment needed for cooling, ventilation, or operation—including emergency generators and other emergency power equipment—must be inside the building.

  • For data centers in industrial service districts, operating equipment must be inside an enclosed building or screened by opaque walls, including cooling, ventilation, emergency generators, and other emergency power equipment.

  • Data-center generators may operate only during emergency power outages or for testing and maintenance; testing and maintenance are limited to Monday through Friday from 10:00 a.m. to 4:00 p.m.

  • Data centers must use public water and sewer, and water-based cooling must use a closed-loop or recycled-water system unless another cooling system is approved through a provisional use permit.

  • An accessory data center must be located on the same or an adjacent premises as the office or industrial use it serves, and its operating equipment must be enclosed or screened by opaque walls.

  • The adopted development guidelines recommend a building setback of at least 500 feet from the lot line of adjacent residentially zoned property, property recommended for residential future land use, or property with existing residential uses.

  • The adopted development guidelines recommend a buffer of at least 100 feet, including vegetation equivalent to a TB50, next to residentially zoned property, residential future-land-use property, or property with existing residential uses.

  • A noise study should be submitted before site-plan approval, and a post-construction noise study should be completed before issuance of a certificate of occupancy.

  • Principal building façades facing public roadways should include at least two design features, such as changes in height, step-backs or recesses, fenestration, changes in materials or colors, or accent materials.

  • Mechanical equipment should be screened from public roadways and nearby residential properties by the building, a screen wall or panel, a parapet wall, or another visually solid screen compatible with the principal building.

  • Fencing along public or private streets should not be chain-link, should not include barbed wire or similarly intrusive deterrence devices, and should be placed on one side of buffers without disrupting existing vegetation.

  • Substations should be screened from adjacent major roads and nearby residential properties through opaque fencing and landscaped buffers.

  • The ordinance assigns data centers a minimum parking requirement of 2 spaces per 1,000 square feet of office space for office-classified data centers and 2 spaces per 1,000 square feet of office space for industrial-classified data centers.

Benefits & exceptionsHide benefits & exceptions5
  • Accessory data centers are allowed by right as an accessory use to an office or industrial use, provided the accessory data center and the related office or industrial use are on the same or adjacent premises.

  • Principal data centers remain eligible for approval through a provisional use permit rather than being prohibited outright; the permit process can also approve an alternative cooling system instead of the otherwise required closed-loop or recycled-water system.

  • Data-center equipment may be located outside the building if it is screened by opaque walls, allowing outdoor cooling, ventilation, and emergency-power equipment when it meets the screening requirement.

  • Generators may operate during emergency power outages and for testing or maintenance, with testing and maintenance allowed Monday through Friday from 10:00 a.m. to 4:00 p.m.

  • The ordinance sets data-center parking at two spaces per 1,000 square feet of office space, rather than requiring parking based on total data-center floor area.

Sources

current law · County measure
Establishes data centers as a regulated use in Henrico County and requires a provisional use permit for principal-use data centers, affecting data-center developers and owners of office or industrial properties proposing accessory facilities (enacted ordinance and meeting minutes).Henrico County Ordinance No. 1343 (2025)

What this means

The measure makes principal-use data centers require a provisional use permit, adding public review, potential conditions, and delay where they were previously allowed by right. It also restricts generator testing hours and cooling-water systems, though accessory data centers remain allowed and projects can still seek approval.

People behind it

  • Directed preparation of the data-center regulations and adopted the comprehensive-plan amendment and zoning ordinance.

  • Researched and prepared the proposed data-center regulations and recommended their approval.

  • Considered the proposals at a public hearing and recommended approval of the original comprehensive-plan and zoning amendments.

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  • Moved the comprehensive-plan amendment and the zoning ordinance for Board approval and moved to amend the recommended setback.

  • Seconded the setback amendment and the amended zoning ordinance.

Restrictions & requirementsHide restrictions & requirements10
  • A data center operating as a principal use requires approval of a provisional use permit, rather than being allowed solely by right. This adds an additional approval process with public hearings before the Planning Commission and Board of Supervisors.

  • Accessory data centers are limited to facilities accessory to an office or industrial use located on the same or an adjacent premises; they must comply with the applicable data-center operating standards.

  • In nonindustrial districts, all equipment needed to cool, ventilate, or operate a data center—including emergency generators and other emergency power equipment—must be inside the building where the data center is located.

  • For industrial-service data centers, operating equipment may be inside an enclosed building or screened by opaque walls to minimize sound transmission; this includes cooling, ventilation, and emergency power equipment.

  • Data-center generators may operate only during emergency power outages or for testing and maintenance. Generator testing and maintenance is limited to Monday through Friday from 10:00 a.m. to 4:00 p.m.

  • Data centers must use public water and sewer. Water-based cooling must use a closed-loop or recycled-water system unless an alternative cooling system is approved through the provisional use permit.

  • Data centers must provide off-street parking at a rate of 2 spaces per 1,000 square feet of office space.

  • The adopted comprehensive-plan guidelines call for at least a 100-foot vegetated buffer, generally equivalent to a TB-50 buffer, between a data center and adjacent residentially zoned property, residentially recommended future-land-use property, or existing residential uses.

  • The adopted comprehensive-plan guidelines call for data-center buildings to be located at least 500 feet from the lot line of adjacent residentially zoned property, residentially recommended future-land-use property, or existing residential uses.

  • The adopted comprehensive-plan guidelines call for a noise study before site-plan approval and a post-construction noise study before issuance of a certificate of occupancy.

Benefits & exceptionsHide benefits & exceptions5
  • Data centers are expressly recognized as a principal use in the zoning ordinance, including in the O-3 Office District and the principal-use table, so they remain eligible for approval rather than being prohibited. Outside any specially designated area, approval is available through a provisional use permit. Allowed uses include data centers

  • Accessory data centers are allowed as an accessory use to an office or industrial use, provided the accessory facility and primary use are on the same or adjacent premises. A data center is allowed as an accessory use

  • The ordinance gives a provisional-use-permit applicant flexibility to use a cooling system other than a closed-loop or recycled-water system if the alternative is approved as part of the permit. unless another cooling system is approved

  • Data-center parking is calculated at 2 spaces per 1,000 square feet of office space, rather than being based on the full data-center floor area, which can reduce the required parking supply for facilities with limited on-site staff. Data center 2.0 per 1,000 sf offices

  • The ordinance provides alternative compliance for operating equipment: equipment may be housed inside an enclosed building or screened by opaque walls, allowing industrial data centers to use screened outdoor equipment rather than enclosing every component. contained within an enclosed building or screened by opaque walls

Sources

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