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The Data Center Divide

Lynchburg city

Anti-Data Center Policies

Lynchburg city’s enacted ordinance—though its description calls it a proposal—limits data centers to four zoning districts with permits, impact reviews, 1,000-foot setbacks, noise and generator-testing limits, and a 45-foot height cap, but does not ban them.

current law · County measure
Would establish a dedicated zoning category for data centers and require a conditional use permit in Lynchburg’s IN-2, I-1, I-2, and I-3 districts.Lynchburg City Ordinance O-26-072 — Zoning Regulation of Data Centers (2026)

What this means

The proposal would allow data centers only by conditional-use permit in four zoning districts, and require substantial impact reviews and a 1,000-foot setback from specified residential or conservation-zoned properties (district limits and setback. Noise studies, limits on generator testing, and a 45-foot height cap would add further constraints, creating significant barriers without banning data centers outright (operating and height standards).

Restrictions & requirementsHide restrictions & requirements17
  • Data centers are allowed only through a conditional use permit in the I-1, I-2, I-3, and IN-2 districts; they are not listed as an authorized data-center use in the other districts covered by the amendments. permitted by conditional use permit

  • Before conditional-use approval, the applicant must submit a sound-profile assessment addressing residential units and schools within 1,000 feet of the data-center property boundary. within 1000 feet of the data center property boundary

  • Before conditional-use approval, the applicant must evaluate effects on ground and surface water, agricultural resources, parks, registered historic sites, and forestland on the site or immediately contiguous land. ground and surface water resources

  • Before conditional-use approval, the applicant must provide details about substations, required transmission voltage, and routes for any new transmission lines serving the facility. anticipated transmission voltage required

  • Before conditional-use approval, the applicant must disclose anticipated daily and annual water use, cooling technology, whether potable or reclaimed water will be used, wastewater volumes, and wastewater-purification methods. anticipated water daily and annual usage

  • Data-center structures and ancillary equipment must be set back at least 1,000 feet when adjoining property is zoned R-C, R-1, R-2, R-3, or R-4. at least one thousand (1000) feet

  • An evergreen vegetative buffer compliant with Section 35.2-63.10 is required around the property perimeter, unless the adjoining property is zoned I-1, I-2, or I-3. vegetative evergreen buffer

  • Ground-mounted and rooftop mechanical equipment must be screened from public roads and adjoining properties on all sides; generators must be enclosed in a manufacturer-approved enclosure or placed inside the primary structure, and other equipment requires an opaque screen when visible. Ground mounted and roof top mechanical equipment shall be screened

  • Generator testing and cycling is limited to weekdays, Monday through Friday, from 8:00 a.m. to 5:00 p.m.; all data-center noise, including generator noise, must comply with Section 26-56. limited to weekdays

  • The applicant must submit an Environmental Noise Impact Assessment prepared by a qualified member of specified acoustical organizations, modeled in SoundPLAN, CadnaA, or an accepted equivalent, and establishing baseline noise before approval. Environmental Noise Impact Assessment

  • A noise study must be conducted 12 months after the first Certificate of Occupancy and every 12 months thereafter, with the results submitted to the Zoning Administrator or designee for review. 12-months after the issuance of the first Certificate of Occupancy

  • Noise measurements must use a calibrated Type 1 or Type 2 sound-level meter meeting ANSI S1.4:2014, include at least three readings, use the average reading, and generally be taken at the noise-generating property boundary. Type 1 or Type 2 sound level meter

  • Any addition, alteration, or expansion of a data-center facility or its equipment requires a new noise-impact assessment approved by the Zoning Administrator. Any additions, alterations, or expansion

  • If a post-construction noise study exceeds the permitted maximum, the owner must implement additional noise mitigation, improvements, or operational changes to reduce noise to the permitted level. additional noise mitigation strategies

  • Cooling, ventilation, generation, and other operating equipment must include specified noise controls: low-noise fans, acoustic wraps for compressors and oil separators, an acoustic perimeter, and any other attenuation required by the Zoning Administrator. Low noise emission fans

  • For each data-center building permit, the owner must provide technical specifications, photographs, or engineered plans documenting the required noise-mitigation measures and must document their installation before each occupancy. with each building permit

  • The maximum height for a data-center facility is 45 feet. maximum height

Benefits & exceptionsHide benefits & exceptions4
  • Allows data centers as a conditional use in the I-1, I-2, I-3, and IN-2 zoning districts, subject to the standards in Section 35.2-72.29. Data Centers ... are permitted by conditional use permit in the I-1 ... I-2 ... I-3 ... and IN-2

  • Treats ancillary utility substations, power generators, and other supporting equipment as part of the defined data-center use, allowing these components to be addressed within the data-center approval. Ancillary utility substations, power generators, and other supporting equipment associated with the primary data center use is also included

  • Waives the required vegetative evergreen perimeter buffer when adjoining property is zoned I-1, I-2, or I-3, reducing site-screening requirements for data centers next to industrial property. unless adjoining property is zoned I-1, Restricted Industrial District, I-2, Light Industrial District, or I-3, Heavy Industrial District

  • Sets a maximum data-center facility height of 45 feet, allowing facilities to be built up to that height subject to other applicable requirements. The maximum height for a data center facility shall be forty-five (45) feet

Sources

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