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The Data Center Divide

Louisa County

Mixed Data Center Policies

Louisa County requires new data centers in designated Technology Overlay District areas to obtain conditional-use approval and meet location, infrastructure, noise, buffering, and lighting rules.

current law · County measure
Authorizes ancillary uses in Louisa County’s Technology Overlay District (TOD) to support listed technology, institutional, manufacturing, data-center, and utility uses.Louisa County Code § 86-334 — Accessory Uses in the Technology Overlay District (TOD)

What this means

The amendment makes data centers in the Technology Overlay District require a conditional use permit, adding an approval step that can cause delays and uncertainty (data centers require a conditional use permit). It also removes two areas from the district, limiting where the rules can be used, though it does not ban data centers outright.

People behind it

  • Proposed, adopted, and amended the Technology Overlay District regulations.

  • Recommended the 2024 amendments to the Technology Overlay District regulations.

Restrictions & requirementsHide restrictions & requirements23
  • Data centers in the Technology Overlay District require a conditional use permit rather than approval solely as a by-right use.

  • Accessory facilities supporting a data center, such as water or sewage treatment plants, cooling facilities, energy-generating facilities, offices, storage, maintenance, and structured parking, are authorized only when included in the conditional use permit.

  • A Technology Overlay District campus must contain at least 125 contiguous acres, and total TOD acreage countywide may not exceed 1 percent of county acreage or 3,266 acres, whichever limitation applies.

  • TOD property must be near high-voltage transmission lines of 115 kV or more and capable of being served by adequate water, sewer or suitable private systems, and roads with acceptable capacity.

  • The TOD must be established or amended by the Board of Supervisors through an ordinance based on mapped boundaries.

  • TOD requirements overlay the underlying zoning and supersede conflicting underlying zoning requirements when the TOD use is invoked.

  • New data-center buildings must use at least two facade-design elements, such as changes in height, step-backs or recesses, fenestration, changes in materials or color, or accent materials, unless the buildings are screened from roads and properties by buffering.

  • Ground-level and rooftop accessory equipment must be screened from adjacent public roads and streets abutting residentially zoned or planned properties, unless screened by a building or existing vegetation or the Board of Supervisors determines that screening is unnecessary because there is no adverse impact.

  • Each group of contiguous TOD parcels must maintain at least 20 percent open space, including qualifying undeveloped, wetland, stormwater, buffer, landscaped, resource-protection, or recreational areas.

  • Required landscaping must be shown in a landscaping plan submitted with a site plan and maintained in perpetuity.

  • TOD development must provide buffers of at least 200 feet next to residential uses, 300 feet next to agricultural uses, 100 feet next to commercial or industrial uses, 150 feet next to designated primary public roads, and 100 feet next to other public roads.

  • Stormwater features, parking, sidewalks, guard houses, and other accessory uses are prohibited in buffer areas unless the Board of Supervisors grants a waiver.

  • Noise from TOD operations may not exceed 65 dB during the day or 60 dB at night, notwithstanding the otherwise applicable county noise provisions.

  • Property-improvement fencing must be located inside the buffer area.

  • Buildings, parking, refuse-collection storage, and loading areas must be at least 200 feet from residential or planned-residential districts, development zones allowing residential development, or agricultural land.

  • Permitted uses, refuse-collection storage, and loading areas must be at least 300 feet from agricultural land, with supporting uses such as parking and stormwater facilities also prohibited in that setback unless waived by the Board of Supervisors.

  • Buildings, parking, outdoor storage, and loading areas must be at least 100 feet from commercial or industrial use districts.

  • Buildings must be set back at least 150 feet from primary public roads and 100 feet from secondary public roads, measured from the assumed edge of a 50-foot right-of-way.

  • Buildings on adjacent individual TOD lots or building sites must generally be at least 25 feet apart, although the Board of Supervisors may waive this requirement.

  • Data-center buildings are generally limited to 80 feet in height, subject to specified rooftop-appurtenance and utility-infrastructure exclusions; exceeding the limit requires a special exception permit from the Board of Supervisors.

  • TOD lighting must use fully shielded, Dark Sky-equivalent fixtures, may not exceed 0.50 foot-candles at the property line, and may not illuminate authorized-use signage.

  • Parking-lot, access, and security lighting is limited to 30 feet in height, while pedestrian and walkway lighting is limited to 12 feet.

  • Security entrance gates must have at least 3 foot-candles, or 30 lux, of illumination.

Benefits & exceptionsHide benefits & exceptions10
  • Data centers are expressly authorized as a permitted use in the Technology Overlay District, subject to obtaining a conditional use permit.

  • A data-center conditional use permit may include supporting accessory facilities, including water-treatment plants, sewage-treatment plants, elevated water storage, telecommunications towers, central heating or cooling, energy generation, food service, security buildings, storage and maintenance, structured parking, general offices, and other ancillary uses approved by the Board of Supervisors.

  • The TOD is intended for sites that can be served by adequate infrastructure, including public water and sewer or suitable groundwater and septic systems, and roads with capacity for the proposed uses.

  • TOD sites must be located close to high-voltage transmission lines of 115 kV or more, supporting access to substantial electrical infrastructure.

  • There is no minimum lot size for property within the TOD, allowing flexibility in configuring individual data-center parcels.

  • The maximum building-height rule is 80 feet, but it does not apply to utility infrastructure, including electric transmission, distribution, and substation facilities; the Board of Supervisors may also grant a special exception to exceed the maximum building height.

  • If an underlying zoning district permits a use by right, that use does not have to comply with TOD standards, and the TOD applies as an overlay to the existing zoning rather than replacing the underlying zoning district.

  • The Board of Supervisors may approve alternative building facades, features, and facade materials, providing flexibility in meeting the TOD's design requirements.

  • The Board of Supervisors may waive certain TOD requirements, including restrictions on accessory uses within buffer or setback areas and the 25-foot setback between buildings on adjacent lots or building sites.

  • Permitted accessory utility uses, including electric substations and transmission and distribution facilities, are exempt from the TOD's accessory-equipment screening requirement.

Sources

current law · County measure: Properties within the Technology Overlay District (TOD)
Sets out development standards for new construction and site improvements in the Technology Overlay District (TOD), covering façade design, equipment screening, open space, landscaping, and buffers.Louisa County Code § 86-332 — Development Standards in the Technology Overlay District (TOD)

What this means

The measure creates a path for data centers by allowing them in the Technology Overlay District, but development is limited to designated areas and must meet strict location, infrastructure, noise, buffer, and lighting rules. It is a moderate benefit overall, not a general green light for data centers (permitted by right in the TOD).

People behind it

  • Legislative body responsible for proposing, conducting the public hearing on, and adopting the Technology Overlay District amendment and related noise amendment.

Restrictions & requirementsHide restrictions & requirements17
  • A TOD campus must contain at least 125 contiguous acres, be close to 115-kilovolt-or-greater transmission lines, and have adequate water, sewer or suitable private systems, and road capacity. minimum of one hundred twenty-five (125) contiguous acres

  • The total developable area within all TODs may not exceed one percent of the County’s acreage, identified in the regulation as 3,266 acres. shall not exceed one percent of the total county acreage or 3,266 acres

  • TOD boundaries and amendments must be established by the Board of Supervisors through an ordinance and a map. created by the BOS and amended by ordinance

  • The underlying zoning regulations and TOD regulations generally apply together; where they conflict, the TOD rules control, subject to exceptions for uses already permitted by right in the underlying district. The regulations and requirements of the underlying zoning district and the TOD shall both apply

  • New principal building facades visible from adjacent public roads must include at least two design features, such as changes in height, step-backs or recesses, fenestration, material or color changes, or accent materials. at least two (2) of the following design elements

  • Buildings visible from adjacent roads or properties must use specified facade materials and, when using precast concrete, must incorporate other materials or articulated detailing; alternative designs require Board of Supervisors approval. Precast concrete must contain other materials embedded within

  • Ground-level and rooftop accessory equipment must be screened from public roads and streets abutting residentially zoned or planned property, using a building, vegetation, or a visually solid compatible fence, wall, panel, parapet, or other screen unless the Board determines there is no adverse impact. ground level and rooftop accessory equipment shall be screened

  • Each contiguous group of TOD parcels must maintain at least 20 percent open space, including qualifying undeveloped, wetland, steep-slope, stormwater, water, landscaped, buffer, resource-protection, or recreational areas; required landscaping must be maintained permanently. A minimum of twenty (20) percent open space shall be maintained

  • Perimeter buffers are required: 200 feet next to residential uses, 300 feet next to agricultural uses, 100 feet next to commercial or industrial uses, 150 feet next to designated primary roads, and 100 feet next to secondary roads. Minimum Buffering Requirements

  • Buffers include required setbacks, and parking, sidewalks, stormwater features, guardhouses, and other accessory uses are prohibited in them unless the Board of Supervisors grants a waiver. Stormwater management features, parking, sidewalks, guard houses, and other accessory permitted uses are prohibited

  • Noise from TOD operations may not exceed 65 dB during the day or 60 dB at night, notwithstanding the general Chapter 51 noise provisions. Daytime Level: 65dB Nighttime Level: 60dB

  • Fencing for property improvements must be located inside the required buffer area. Fencing of the property improvements shall be located inside the buffer area

  • Buildings, parking, refuse-collection storage, and loading areas must meet specified setbacks: 200 feet from residential or planned residential districts and agricultural land, 300 feet for permitted uses and refuse or loading areas next to agricultural land, 100 feet from commercial or industrial districts, 150 feet from primary roads, and 100 feet from secondary roads. Minimum setback shall be one hundred (100) feet

  • Buildings on adjacent TOD lots or building sites must generally be at least 25 feet apart, although the Board of Supervisors may waive that requirement. the minimum setback between buildings on adjacent lots or building sites shall be twenty-five (25) feet

  • The maximum building height is generally 80 feet; exceeding it requires a special exception from the Board of Supervisors. Utility infrastructure and specified transmission, distribution, substation, tower, and rooftop-appurtenance categories are exempt. A special exception permit to exceed the maximum building height regulations

  • TOD lighting must use fully shielded, Dark Sky-equivalent fixtures and may not exceed 0.50 foot-candles at the property line; authorized-use signage may not be illuminated. Parking, access, and security lights are limited to 30 feet, and pedestrian and walkway lights to 12 feet. Fully shielded, Dark Sky equivalent lighting fixtures

  • Utility-scale solar or battery-storage facilities producing at least 2 MW that export electricity beyond the TOD site, or that are the principal or sole use of a parcel, require a conditional use permit. producing two MW or more of electricity which leaves the TOD site boundaries

Benefits & exceptionsHide benefits & exceptions19
  • Data centers, technology research and development facilities, technology capital-intensive advanced manufacturing facilities, and major and minor utility services are permitted by right in the Technology Overlay District (TOD), subject to TOD standards.

  • Accessory facilities supporting permitted TOD uses are authorized by right, including water and sewage treatment plants, elevated water storage, telecommunications towers, central heating or cooling facilities, energy-generating facilities, security buildings, storage and maintenance facilities, structured parking, general offices, food service facilities, and other ancillary uses approved by the Board of Supervisors.

  • The TOD may overlay any existing zoning district, regardless of its classification, and TOD regulations supersede conflicting regulations in the underlying zoning district when a TOD use is invoked.

  • Uses already permitted by right in the underlying zoning district do not have to comply with TOD standards.

  • A TOD campus must be located near high-voltage transmission lines of 115 kV or more and on land capable of being served by adequate public water and sewer or suitable groundwater and septic systems, as well as roads with sufficient capacity for the intended uses.

  • TOD campuses may be developed on a minimum of 125 contiguous acres, allowing large-scale, campus-style data-center development; total TOD developable acreage is limited to 1 percent of county acreage or 3,266 acres, whichever is applicable under the provision.

  • There is no minimum lot size in the TOD, which allows individual data-center parcels or building sites to be configured without a TOD-specific minimum acreage requirement.

  • The Board of Supervisors may approve alternative building facades, features, and facade materials, providing flexibility for large data-center buildings.

  • Buildings not visible from adjacent roads or properties because of buffering do not have to include differentiated facade design elements.

  • Accessory equipment does not require screening when the Board of Supervisors determines that its placement has no adverse impact on adjacent roads or properties.

  • Utility rights-of-way and easements may cross TOD buffer areas, supporting the installation and operation of utility infrastructure serving data centers.

  • The Board of Supervisors may waive prohibitions on stormwater facilities, parking, sidewalks, guard houses, and other accessory uses in buffer areas.

  • For a development master plan covering multiple TOD parcels, buffer requirements do not apply to internal parcel lines, reducing internal campus separation requirements.

  • The Board of Supervisors may approve waivers from the minimum setback between buildings on adjacent lots or building sites within the TOD; driveways, parking, covered entrances, and connecting walkways may also occupy the setback area subject to the stated limits.

  • The maximum building height is 80 feet, but the Board of Supervisors may grant a special exception to exceed that limit.

  • Utility infrastructure facilities, including electric transmission, distribution, and substation facilities, are excluded from the maximum building-height requirement.

  • TOD lighting requirements exempt temporary lighting and lighting required for emergency or safety purposes under the Building Code, Electric Code, or County Code.

  • Utility-scale solar facilities or battery-storage facilities producing at least 2 MW that export electricity beyond the TOD site, or that are the principal and sole use of a parcel, require a conditional use permit rather than being prohibited.

  • Noise in the TOD is subject to stated maximum levels of 65 dB during the daytime and 60 dB at night, establishing operating limits specifically applicable to data-center activities.

Sources

current law · County measure: Technology Overlay District (TOD)
Requires a conditional use permit for technology colleges, conference or training centers, data centers, research and development facilities, advanced manufacturing facilities, and major or minor utility services in Louisa County’s Technology Overlay District under Ordinance No.Louisa County Code § 86-333 — Permitted Uses with the Issuance of a Conditional Use Permit in the Technology Overlay District (TOD)

What this means

The amendment changes data centers in the Technology Overlay District from allowed by right to requiring a conditional use permit, adding an approval step that can increase delays and uncertainty (conditional use permit). It also removes two previously designated overlay sites, though data centers remain eligible in the district with approval.

People behind it

  • Adopted Ordinance No. 2024-11 on August 5, 2024.

  • Made a recommendation on the proposed amendment on June 13, 2024.

Restrictions & requirementsHide restrictions & requirements13
  • Data centers and the other listed principal TOD uses may no longer proceed by right; they require a conditional use permit under amended Sec. 86-333. The amendment changes permitted uses to require a conditional use permit.

  • Accessory facilities supporting a data center—such as water and sewage treatment plants, energy-generating facilities, structured parking, offices, storage, and maintenance facilities—must be included in the conditional use permit rather than being automatically allowed. Accessory uses are by right only if included in the conditional use permit.

  • TOD development is limited to qualifying areas of at least 125 contiguous acres, near 115-kV-or-greater transmission lines, capable of adequate water, sewer, and road service, and subject to a countywide maximum of 3,266 developable acres. The TOD location and acreage requirements.

  • Both the underlying zoning rules and TOD rules apply to a project, with the TOD rules controlling when they conflict; therefore, invoking the TOD use subjects a data center to the additional TOD standards. The TOD overlays the existing zoning district and imposes additional restrictions.

  • At least 20 percent open space must be maintained for each group of contiguous TOD parcels, and required landscaping must be maintained permanently. The TOD requires 20 percent open space and perpetual landscaping maintenance.

  • Data center sites must provide perimeter buffers, generally 200 feet next to residential uses, 300 feet next to agricultural uses, 100 feet next to commercial or industrial uses, 150 feet next to primary roads, and 100 feet next to secondary roads. Major and minor utility services have a 250-foot buffer requirement. The TOD minimum buffering requirements.

  • The TOD imposes corresponding setbacks: 150 feet from primary roads, 100 feet from secondary roads, 200 feet from residential or agricultural land for buildings and specified site features, 300 feet from agricultural land for permitted uses and loading or refuse areas, and 100 feet from commercial or industrial districts. Parking, stormwater features, sidewalks, guard houses, and other accessory uses are barred within the agricultural setback unless the Board of Supervisors grants a waiver. The TOD setback requirements and waiver limitation.

  • TOD operations may not exceed 65 dB during the day or 60 dB at night, in addition to applicable Chapter 51 noise rules. The TOD daytime and nighttime decibel limits.

  • Buildings are generally limited to 80 feet in height; exceeding that limit requires a special exception from the Board of Supervisors, subject to listed exclusions for certain utility infrastructure and equipment. The 80-foot building-height limit and special-exception option.

  • Data center buildings must use specified facade design elements and permitted facade materials, including requirements to avoid undifferentiated surfaces; alternative designs or materials require Board of Supervisors approval. The facade design and material requirements.

  • Ground-level and rooftop accessory equipment visible from public roads or adjacent residentially zoned or planned properties must be screened by a building, retained vegetation, or a visually solid fence, wall, panel, parapet, or similar screen, unless the Board of Supervisors determines there is no adverse impact. The accessory-equipment screening requirement.

  • TOD lighting must use fully shielded, Dark Sky-equivalent fixtures, stay at or below 0.50 foot-candles at the property line, and comply with height limits of 30 feet for parking, access, and security lighting and 12 feet for pedestrian and walkway lighting; authorized-use signage may not be illuminated. The TOD lighting restrictions.

  • The amendment removes the Gum Spring and Shannon Hill acreage from the adopted TOD sites, reducing the land included in those TOD areas for development under the TOD framework. The amendment deletes the two adopted TOD sites and lists the affected parcels.

Benefits & exceptionsHide benefits & exceptions9
  • The Technology Overlay District (TOD) may be established over existing zoning districts, and TOD rules supersede conflicting underlying zoning regulations when TOD development is used. TOD regulations supersede conflicting underlying rules

  • The TOD provides an expressly authorized permitting pathway for data centers: they may be developed with issuance of a conditional use permit under Section 86-333. The permit can also authorize associated major utility service and listed accessory facilities. Data centers are included among the TOD uses requiring a conditional use permit.

  • A conditional use permit for a TOD data center may include supporting facilities such as public or private water and sewage treatment plants, elevated water storage, central heating or cooling, energy generation, structured parking, general offices, storage and maintenance, security buildings, food service, telecommunications towers, and other ancillary uses approved by the Board of Supervisors. Accessory uses are authorized only when included in the conditional use permit.

  • TOD sites must be located where adequate infrastructure can serve the intended uses, including public water and sewer or suitable groundwater and septic systems, and roads with acceptable capacity. They must also be near high-voltage transmission lines of 115 kV or more, which supports utility-intensive data-center siting. Adequate infrastructure

  • The TOD has no minimum lot-size requirement, allowing a data-center campus to be assembled and configured without a TOD-imposed minimum parcel size. There is no minimum lot size

  • Roads and utility rights-of-way and easements may cross TOD buffer areas, allowing infrastructure connections through otherwise protected perimeter areas. The Board of Supervisors may also waive the prohibition on stormwater facilities, parking, sidewalks, guard houses, and other accessory uses in buffers. Rights-of-way may cross buffered areas

  • Utility infrastructure is excluded from the TOD's 80-foot building-height limit. Electric transmission, distribution, and substation facilities, as well as water and other towers, are also excluded; the Board of Supervisors may grant a special exception for other buildings exceeding the limit. Height limitations do not apply to utility infrastructure

  • Screening requirements for ground-level and rooftop accessory equipment do not apply to permitted accessory uses, including electric substations and transmission and distribution facilities. This can reduce screening requirements for essential data-center power infrastructure. Screening does not apply to permitted accessory uses

  • Where multiple TOD parcels are included in a development master plan, buffer requirements do not apply to internal parcel lines, except where internal parcel lines meet perimeter parcel lines. This facilitates campus development across multiple parcels. Internal parcel buffers are not required

Sources

current law · County measure: Technology Overlay District
Requires a Conditional Use Permit (CUP) for new data-center projects in Louisa County’s Technology Overlay District, replacing automatic by-right approval with case-by-case review; listed accessory uses must also be included in the CUP.Louisa County Technology Overlay District amendment requiring conditional use permits for new data-center projects

What this means

The amendment makes new data centers in the Technology Overlay District get a conditional use permit instead of proceeding by right, adding public review, possible conditions or denial, and delay (conditional use permit). It also removes two designated sites from the district, but existing Amazon projects are not the focus of this change; overall, it creates a meaningful hurdle for new projects rather than banning data centers.

People behind it

  • Recommended the proposed amendments to Chapter 86.

  • Adopted Ordinance No. 2024-11 on August 5, 2024.

Restrictions & requirementsHide restrictions & requirements10
  • New data center projects in the Technology Overlay District require a conditional use permit rather than proceeding by right. The Board of Supervisors may approve or deny the application.

  • A conditional use permit requires a neighborhood meeting, a Planning Commission public hearing and recommendation, and a Board of Supervisors public hearing and decision, creating multiple public-review stages before development can proceed.

  • The conditional use permit process generally takes 90 to 120 days.

  • Conditional use permit applicants must pay a tiered application fee, a fee for each adjacent property owner, a refundable zoning-sign deposit, and legal-advertising costs.

  • Accessory uses supporting a data center, such as water or sewage treatment, energy generation, storage, offices, food service, structured parking, and maintenance facilities, are allowed only when specifically included in the conditional use permit.

  • The Technology Overlay District limits data-center use to no more than 1% of the County’s total land area, approximately 3,266 acres.

  • Data-center development must be set back at least 200 feet from adjoining residentially zoned property lines, 300 feet from farmland, and 150 feet from primary roads.

  • Technology Overlay District projects must maintain at least 20% open space and provide mandatory landscape screening.

  • Noise from Technology Overlay District data centers is limited to 65 dBA at residential or agricultural property lines.

  • Outdoor lighting must be fully shielded and directed downward, may not spill over property boundaries, and must be turned off or dimmed during non-operational hours unless needed for security.

Benefits & exceptionsHide benefits & exceptions2
  • Data centers are expressly listed as permitted uses in the Technology Overlay District, allowing them to be proposed and developed through a conditional use permit rather than requiring a zoning amendment; approval is not automatic and remains subject to the CUP process.

  • A conditional use permit may authorize specified accessory facilities supporting a data center, including water and sewage treatment plants, elevated water storage, telecommunications towers, central heating or cooling, energy generation, food service, security, storage and maintenance, structured parking, and general offices; these accessory uses are allowed only if included in the CUP.

Sources

current law · County measure: Properties designated or proposed for the Technology Overlay District (TOD)
Establishes a framework for Technology Overlay Districts (TODs) to support technology centers where infrastructure is adequate, including requirements for a minimum 125-acre contiguous campus, proximity to high-voltage transmission lines, water and sewer or suitable private systems, and sufficient road capacity; total TOD acreage may not exceed 3,266 acres.Louisa County Code § 86-331 — Establishing a Technology Overlay District (TOD)

What this means

The measure would allow data centers by right in the Technology Overlay District, creating a clearer path to build. But the district is limited to eligible sites and adds substantial requirements for acreage, buffers, setbacks, noise, lighting, and landscaping, so the overall benefit is modest.

People behind it

  • Proposed, conducted the public hearing on, and adopted the Technology Overlay District amendment; the Board is authorized to establish and amend the district by ordinance.

  • Chairman of the Louisa County Board of Supervisors and the official who issued the public-hearing notice by order of the Board.

Restrictions & requirementsHide restrictions & requirements17
  • A Technology Overlay District campus must contain at least 125 contiguous acres, be close to 115-kilovolt-or-greater transmission lines, and have adequate water, sewer, and road infrastructure; total TOD acreage is capped at 3,266 acres. minimum of one hundred twenty-five contiguous acres

  • TOD boundaries must be established or amended by the Board of Supervisors through an ordinance based on a map, requiring Board action before the overlay can apply. created by the BOS and amended by ordinance

  • Data centers in the TOD must comply with both the underlying zoning regulations and TOD regulations; where they conflict, the TOD requirements control when TOD use is invoked. the TOD regulations shall supersede and apply

  • New data-center buildings visible from adjacent public roads must use at least two facade-design elements, such as changes in height, setbacks or recesses, fenestration, material changes, or accent materials. at least two of the following design elements

  • Ground-level and rooftop accessory equipment must be screened from adjacent public roads and residentially zoned or planned properties, unless screened by a building or existing vegetation or the Board of Supervisors finds there is no adverse impact. ground level and rooftop accessory equipment shall be screened

  • At least 20 percent open space must be maintained for each group of contiguous TOD parcels, and required landscaping must be maintained permanently. A minimum of twenty (20) percent open space shall be maintained

  • Individual TOD parcels must submit a landscaping plan with a site plan, if created, and the landscaping must be maintained in perpetuity. Required landscaping is to be maintained in perpetuity

  • Development must provide perimeter buffers, including 200 feet next to residential uses, 300 feet next to agricultural uses, 100 feet next to commercial or industrial uses, 150 feet next to primary public roads, and 100 feet next to secondary public roads. Minimum Buffering Requirements

  • Buffer areas generally cannot contain stormwater features, parking, sidewalks, guard houses, or other accessory permitted uses, unless the Board of Supervisors grants a waiver. prohibited in the buffer areas, except by waiver approved by the BOS

  • Buildings and certain site activities must meet specified setbacks: 150 feet from primary public roads, 100 feet from secondary public roads, 200 feet from residential or agricultural land, 300 feet from agricultural land for permitted uses and loading or refuse areas, and 100 feet from commercial or industrial districts. Setback Requirements

  • Buildings on adjacent TOD lots or building sites must generally be at least 25 feet apart, although the Board of Supervisors may approve a waiver. minimum setback between buildings on adjacent lots or building sites shall be twenty-five (25) feet

  • TOD noise may not exceed 65 dB during the day or 60 dB at night. Daytime Level: 65dB Nighttime Level: 60dB

  • The property improvements must be fenced inside the buffer area. Fencing of the property improvements shall be located inside the buffer area

  • Buildings are limited to 80 feet in height, unless the Board of Supervisors grants a special exception; utility infrastructure and specified rooftop appurtenances are exempt. A special exception permit to exceed the maximum building height

  • All lighting must use fully shielded, Dark Sky-equivalent fixtures and may not exceed 0.50 foot-candles at the property line; parking, access, and security lights are limited to 30 feet and pedestrian lighting to 12 feet. Fully shielded, Dark Sky equivalent lighting fixtures

  • Signage for authorized TOD uses may not be illuminated, except that temporary and emergency or safety lighting is exempt from the lighting limits. Signage related to the authorized uses shall not be illuminated

  • Other ancillary uses supporting a data center, beyond the listed accessory uses, require approval by the Board of Supervisors. other Ancillary uses approved by the BOS

Benefits & exceptionsHide benefits & exceptions15
  • Data centers are expressly permitted by right in the Technology Overlay District, subject to the district’s standards and limitations.

  • The overlay may be applied to any existing zoning district, and its regulations supersede conflicting underlying-zoning regulations, creating a specific framework for data-center development.

  • A use that is permitted by right in the underlying zoning district does not have to comply with the TOD standards.

  • TOD campuses must contain at least 125 contiguous acres and be near high-voltage transmission lines of 115 kV or more, supporting large, power-intensive data-center campuses.

  • TOD properties must be capable of receiving adequate infrastructure, including public water and sewer or suitable groundwater and septic systems, and roads with sufficient capacity for the intended uses.

  • Major and minor utility services are permitted by right in the TOD, allowing supporting utility infrastructure to be developed without a conditional-use permit.

  • Supporting facilities are permitted by right as accessory uses, including water-treatment plants, sewage-treatment plants, elevated water storage, telecommunications towers, central heating or cooling facilities, energy-generating facilities, security buildings, storage and maintenance facilities, structured parking, and general offices.

  • The Board of Supervisors may approve other ancillary uses that support permitted TOD uses.

  • Electric substations and transmission and distribution facilities are exempt from the TOD’s accessory-equipment screening requirement.

  • There is no minimum lot size applicable to the TOD, allowing data-center sites and supporting parcels to be configured without a TOD-specific minimum lot-area requirement.

  • The maximum building height is 80 feet, with authority for the Board of Supervisors to grant a special exception allowing a greater height.

  • Utility infrastructure facilities, including electric transmission, distribution, and substation facilities, are excluded from the maximum-height limit.

  • The Board of Supervisors may approve alternative building facades, features, and facade materials, providing flexibility in designing large data-center buildings.

  • The Board of Supervisors may waive certain TOD buffer and setback requirements, including restrictions on accessory uses within agricultural setbacks and the 25-foot setback between buildings on adjacent TOD lots.

  • Utility-scale solar facilities or battery-storage facilities producing at least two megawatts that export electricity beyond the TOD site, or that are the principal and sole use of a parcel, require a conditional-use permit; other listed utility-scale energy facilities may proceed under the TOD’s permitted-use framework.

Sources

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