King and Queen County
Neutral Data Center Policies
King and Queen County allows data centers by right in General Business districts; an enacted zoning rule also permits them in Agricultural districts, but only with county review and a conditional use permit.
current law · County measurePermits “computer and data processing center and services” by right in the Limited Business and General Business 1 districts, subject to applicable requirements and site restrictions on storage and display near roads, residential-use lots, and commercial-use lots.King and Queen County Zoning Ordinance, Article 4, Table 4.1 — Permitted Uses (Computer and Data Processing Center and Services)
What this means
The proposal would allow data centers in the Agricultural district, where they are not currently listed as allowed, but only after county review and approval of a conditional use permit (add data centers in the Agricultural district with a conditional use permit). Data centers would remain allowed by right in the General Business districts, so this is a modest expansion of where they can be built, with added approval steps for the new district (permitted by right).
People behind it
- King and Queen County staff
Initiated zoning text amendment ZA24-02 to address energy-generation facilities and computer data centers.
- King and Queen County Planning Commission
Reviewed the amendment, held the required public hearing, and recommended its approval to the Board of Supervisors.
- King and Queen County Board of Supervisors
Legislative body responsible for considering and approving the zoning text amendment.
Restrictions & requirementsHide restrictions & requirements11
Data centers in the Agricultural zoning district would require approval of a conditional use permit rather than being allowed by right.
The Planning Commission recommends allowing data centers only with conditional use permits in the Light Industrial, Industrial, Agricultural, Limited Business, General Business 1, and General Business 2 districts.
Data centers would not be allowed in the Residential, Rural Residential, Residential Single-Family, or Residential General zoning districts.
Data centers in the economic development and transportation corridor overlay district would have to be located away from residential uses and would require a conditional use permit.
A conditional use permit requires review by the Planning Commission, legislative approval by the Board of Supervisors, and public hearings before both bodies.
The Board of Supervisors may deny a data-center conditional use permit even if the applicant agrees to proposed conditions.
Conditional use permit conditions may impose project-specific setbacks and vegetative or other buffers to protect nearby properties from noise, light, business activity, and impacts on the county's rural character.
Data-center permits must address site lighting, traffic, and a Construction Traffic Management Plan.
Data-center permits must address water usage, including water sources and quantities, as well as additional fire-suppression water storage or an alternative fire-suppression method.
Data-center permits must address development materials, including materials that reduce impervious surfaces, and may require water testing for discharge quantity and quality, including purity, turbidity, and discharge impacts.
Data-center permits may include requirements to minimize impervious development and impacts on resource protection areas, protect against soil erosion and contamination, and use vegetation—especially trees—for temperature, noise, and viewshed buffering.
Benefits & exceptionsHide benefits & exceptions3
Allows data centers, defined as “computer and data processing center and services,” in the Agricultural zoning district through a conditional use permit, creating a zoning pathway for development on agricultural land where the use was previously not allowed.
Retains data centers as permitted uses in the General Business 1 and General Business 2 districts; under the existing ordinance, those uses may be approved by right by the Zoning Administrator after applicable requirements are met.
The Planning Commission’s recommended framework would also allow data centers by conditional use permit in the Light Industrial, Industrial, Limited Business, General Business 1, and General Business 2 districts, as well as in the economic development and transportation corridor overlay district, but not near residential uses.
Sources
Specific to King and Queen County only.
failed · County measureZA24-02 is a proposed county zoning-text amendment concerning data processing centers and energy-generation facilities.King and Queen County ZA24-02 — Article 4, Table 4.1, Permitted Uses: Energy Generation Facilities by Natural Resources and Data Processing Centers
What this means
The proposal would newly allow data centers in agricultural districts, where unlisted uses are not allowed, but only with a conditional-use permit and review by the county; the Planning Commission recommended that approach. That opens additional locations for development, while the permit process adds uncertainty and possible delays, so the net effect is a moderate benefit.
People behind it
- Mr. Coleman
Moved the Planning Commission’s motions recommending approval of both parts of ZA24-02: energy generation facilities and data processing centers in the agricultural district by conditional use permit.
- Mr. Bradley
Seconded the Planning Commission motion recommending approval of the energy-generation-facilities portion of ZA24-02.
- Mr. Massey
Seconded the Planning Commission motion recommending approval of the data-processing-centers portion of ZA24-02.
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- King and Queen County Planning Commission
Considered the text amendment and recommended approval of both portions to the Board of Supervisors.
- Donna Sprouse
Director of Community Development; authored the staff memorandum documenting the amendment and the Planning Commission’s recommendations.
Restrictions & requirementsHide restrictions & requirements1
Data centers are not permitted in Agricultural zoning under the existing ordinance: the meeting packet says they were not then included as an allowed use, and the proposed Agricultural-district conditional-use-permit amendment was not adopted; the Board’s motion failed and no further action was taken. not currently being included at all Motion failed. No further action was taken.
Sources
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