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The Data Center Divide

Spotsylvania County

Slightly Anti-Data Center Policies

Spotsylvania County generally requires special-use approval for data centers in I-1 and I-2 districts, with exceptions, and bars county drinking water for permanent cooling.

current law · County measure
This comprehensive-plan amendment adds policies specific to data-center development, identifies data centers as a target industry, and favors locations within or near the Primary Development Boundary and near existing transmission corridors.Spotsylvania County Comprehensive Plan Amendment CPA23-0001 (2023)

What this means

The amendment is somewhat favorable: it says data centers may be consistent with most land-use categories and allows consideration just outside the development boundary if conditions are met (data center siting policy). But the boundary, traffic, rural-character, and utility conditions limit that flexibility, and the minutes describe the plan policies as guidance rather than strict regulations (not strict code-based regulations).

People behind it

  • Developed the proposed Comprehensive Plan Chapter 2 amendments, authorized the public hearings, and recommended approval of CPA23-0001.

  • Reviewed the proposed amendment and recommended approval to the Board of Supervisors.

  • Held the public hearing and adopted CPA23-0001 through Resolution No. 2023-76.

Restrictions & requirementsHide restrictions & requirements7
  • Data centers and related infrastructure are not considered consistent with the Comprehensive Plan in areas designated Open Space.

  • A data center outside the Primary Development Boundary may be consistent only if it is within a one-mile buffer of the adopted boundary, generates low-impact post-construction traffic that does not degrade the existing level of service, maintains rural agricultural or forestal character through setbacks, forest preservation, screening, or buffering, and has a fiscally viable extension of public water or sewer.

  • Data center projects must address operational noise impacts, including HVAC, cooling equipment, and backup generators, particularly near residences, through measures such as site or building design, setbacks, screening, buffering, sound walls, or equipment accessories; scientific sound studies are encouraged.

  • Data center roofs must incorporate heat-island-reduction features, such as light-colored or reflective materials or a green roof.

  • Permanent use of potable water for industrial cooling is prohibited under County Code Section 22-47, as referenced by the data center policy.

  • Data centers must ensure that the electrical grid can support their power demand without negatively affecting the surrounding community’s power supply.

  • Data center operations are subject to county maximum sound levels: 65 dBA daytime and 60 dBA nighttime in residential or office districts, 70 and 65 dBA in commercial districts, and 79 and 75 dBA in industrial districts. Heating and cooling systems remain subject to the applicable daytime limits at all times.

Benefits & exceptionsHide benefits & exceptions10
  • Data centers are a targeted industry and may qualify for the County’s Targeted Industries Program, which is designed to expedite site- and building-plan review and approval for targeted businesses.

  • The County establishes a business-friendly data-center tax rate of $1.25 per $100 of assessed value for computer equipment and peripherals.

  • Data centers may be consistent with commercial, employment-center, and mixed-use land-use designations within the Primary Development Boundary, and may be consistent with any land-use category except Open Space if the stated conditions are met.

  • A data-center project outside the Primary Development Boundary may still be consistent with the Plan if it is within a one-mile buffer of the adopted boundary, provided that traffic remains low impact, rural agricultural or forestal character is maintained through site design, and extending public water or sewer is fiscally viable.

  • The Plan prefers data-center sites within the Primary Development Boundary and sites proximate to existing electric infrastructure, reducing the need for new electrical-line extensions.

  • The Plan allows consideration of public water and sewer service for data centers outside the Primary Development Boundary when the extension is determined to be fiscally viable; individual connections may also be allowed where existing utility infrastructure makes them feasible.

  • The Plan provides operational flexibility by encouraging innovative, low-impact alternatives to public-water-based cooling, discouraging private wells used to draw cooling water from the water table, and encouraging water reuse, onsite storage, and recycling when public-water cooling is used.

  • The Plan supports measures that can reduce data-center electricity demand and improve power availability, including onsite renewable energy such as rooftop solar and energy-efficient building or campus design such as LEED certification, while requiring the electrical grid to support the project without negatively affecting surrounding users.

  • The Plan provides a pathway for addressing operational noise through site and building design, setbacks, screening, buffering, sound walls, equipment accessories, and rooftop equipment placement; it also encourages scientific sound studies demonstrating compliance with the noise-mitigation policy.

  • Future-land-use categories do not change a parcel’s zoning classification or affect continuation of existing legal or by-right uses, providing protection against the Comprehensive Plan itself eliminating those existing development rights.

Sources

current law · County measure
Would regulate data centers through zoning and site-development standards, but remains a draft rather than an adopted regulation.Spotsylvania County Ordinance No. 23-190 (2025)

What this means

The proposal would allow data centers in more zoning districts, including by right in industrial districts if they meet the standards. But large buffers near homes and other sensitive places, strict generator and cooling-water rules, and added screening and review requirements could make suitable sites harder to find and projects more costly. The draft sets these data-center standards.

People behind it

  • Introduced and enacted Ordinance No. 23-190 and scheduled the measure for a public hearing.

Restrictions & requirementsHide restrictions & requirements15
  • Data centers are expressly excluded from the definition of an office, so they cannot be treated as an office use for zoning purposes. Data centers shall not be deemed to be an office use.

  • In the O-1, O-2, C-1, C-2, C-3, Resort Commercial, and Village districts, data centers require special-use approval by the Board of Supervisors rather than being permitted by right. Data Center as a Special Use.

  • In the I-1 and I-2 industrial districts, a data center is permitted by right only if it complies with the ordinance’s data-center development standards and receives site-plan approval; a data center that does not comply requires special-use approval. Data Center development must adhere to the following standards.

  • Data centers must provide a 300-foot restricted buffer along property lines next to residential uses or zoning, hospitals, schools, child-care centers, parks, places of worship, or the Rappahannock River, and along property lines immediately across a street from those uses or areas. No principal data-center structure may be less than 400 feet from a residential dwelling. minimum 300’ restricted buffer.

  • The required 300-foot buffers cannot contain structures or linear utility co-location, and existing forested vegetation providing effective visual mitigation must be preserved and maintained. No structures may be located within the 300’ restricted buffers.

  • Where cleared areas or gaps exist in the required buffer vegetation, the developer must install an at least eight-foot-high landscaped earthen berm, with side slopes no steeper than a 25 percent gradient, and meet specified tree-planting requirements. landscaped earthen berm.

  • A data center must provide a minimum 50-foot-wide landscaped buffer along its frontage on a public or private road; utility co-location cannot be placed in that buffer, and existing effective forested screening must be preserved. minimum 50’ wide buffer.

  • A viewshed analysis is required with a rezoning or site-plan application for a proposed data center within 1,000 feet of agricultural or rural property, residential property, historic areas or listed historic sites, or the Rappahannock River. The analysis must include a three-dimensional visual simulation from at least one vantage point along each property line. within 1,000 ft..

  • Any visible portion of a data-center structure must use varied building patterns or textures, neutral colors, wall-plane projections or recesses at least every 100 feet, and fenestration, green-wall treatment, or a combination covering at least 50 percent of each visible facade. minimum of 50% of any visible façade.

  • Ground- or roof-mounted mechanical equipment, chain-link fencing, and barbed-wire fencing must be completely screened from public view. completely screened from public view.

  • All generators must meet or exceed EPA Tier 4 emissions standards, be enclosed by a sound-dampening barrier, and be used only for backup or emergency purposes, except for necessary maintenance and testing. limited to back-up/emergency use only.

  • Industrial-cooling systems at data centers may not use groundwater or harvested rainwater. Use of groundwater or rain harvesting for industrial cooling is prohibited.

  • A data-center development must include at least two access points, although one may be limited to emergency access. at least two (2) points of access.

  • In the I-2 district, the ordinance establishes a 75-foot maximum building height, a 40-foot front-yard requirement, and a maximum floor-area ratio of 1.5; exceeding the floor-area ratio requires a Board of Supervisors special-use permit. Maximum building height: Seventy-five (75) feet.

  • The Board of Supervisors may approve alternative data-center development standards only as part of a zoning-map amendment, creating an additional rezoning process for deviations from the prescribed standards. approve alternative development standards as part of a zoning map amendment.

Benefits & exceptionsHide benefits & exceptions7
  • The ordinance creates a specific Data Center use category, covering facilities for digital-data storage, management, processing, and transmission, along with associated air handlers, generators, water-cooling and storage facilities, substations, and other minor utility infrastructure. Data Center definition

  • Data centers may be approved as special uses in the O-1, O-2, C-1, C-2, C-3 Highway, Resort Commercial, and Village districts, creating a defined rezoning or special-use-permit pathway rather than prohibiting them in those districts. Data Center as a Special Use

  • Data centers that comply with the specified development standards are permitted uses in both the I-1 and I-2 industrial districts, subject to site-plan approval rather than a special-use approval. permitted use in the industrial districts

  • A data center in an I-1 or I-2 district that does not comply with the applicable data-center development standards may still be approved as a special use, preserving a discretionary approval path for projects seeking deviations. Data Center not in accordance with development standards

  • The Board of Supervisors may approve alternative data-center development standards as part of a zoning map amendment, allowing project-specific standards to be adopted through the rezoning process. alternative development standards

  • The ordinance states that it does not affect parcels with a vested right to data-center use under Virginia law as of the adoption date, protecting those existing rights from being impaired by the amendment. does not impact parcels with a vested right

  • The Board of Supervisors agenda includes consideration of a performance agreement for the Cloud Computing Cluster Infrastructure Grant Program involving the County, the Virginia Economic Development Partnership Authority, and Amazon Data Services, Inc., providing a potential infrastructure-related financial incentive for a data-center project. [Cloud Computing Cluster Infrastructure Grant Program](https://spotsylvaniacova.api.civicclerk.com/v1/Meetings/GetMeetingFileStream(fileId=2412,plainText=false)

Sources

current law · County measure
Prohibits data centers and similar users from using public potable water for permanent cooling under Ordinance No. 22-38, which amended County Code § 22-47 and took effect upon adoption on November 14, 2023, to protect the county water system and support sound water-system management.Spotsylvania County Ordinance No. 22-38, County Code § 22-47 (2023)

What this means

The measure would bar data centers from using county drinking water for permanent cooling, potentially requiring more costly water sources or cooling systems (permanent cooling water purposes). It allows temporary, backup, or emergency use with county approval, so it adds a meaningful operating constraint but does not prevent data center development.

People behind it

  • Adopted Ordinance No. 22-38 amending the County Code to regulate data center use of potable water for cooling.

Restrictions & requirementsHide restrictions & requirements5
  • The director of utilities may impose reasonable conditions on a proposed data center’s county water service when the use could damage or create a hazard to the water system or negatively affect buildout of the County’s primary settlement area. Conditions may regulate the quantity, type, and manner of water use.

  • Data centers may not use Spotsylvania County public potable water for permanent cooling purposes.

  • Temporary, supplemental, or emergency use of public potable water for data-center cooling requires approval from the director of utilities, who must determine that the use is consistent with sound management of the water system.

  • The director of utilities may limit approved temporary, supplemental, or emergency cooling-water use by time, volume, flow, or another metric, and may terminate that use when it is no longer consistent with sound management of the water system.

  • An applicant aggrieved by the director of utilities’ decision must file an appeal with the Department of Utilities within 30 days of the decision.

Benefits & exceptionsHide benefits & exceptions2
  • A data center may receive approval to use public potable water for temporary, supplemental, or emergency cooling, if the director of utilities determines that the use is consistent with sound management of the county water system. The director may limit the use by time, volume, flow, or another metric and may terminate it if conditions change.

  • A data-center applicant aggrieved by the director of utilities’ decision may appeal to the Board of Supervisors by filing an appeal with the Department of Utilities within 30 days.

Sources

current law · County measure
Establishes recommended baseline standards for data-center projects in Spotsylvania County, allowing project-specific alternatives or modifications through zoning-map amendment or special-use processes; the recommendations address 300-foot restricted buffers, a 400-foot separation from residences, landscaping and screening, viewshed analysis, façade design, generator emissions and noise, water use, and site access.Spotsylvania County Board of Supervisors’ Recommended Standards for Data Center Development (2026)

What this means

Data centers would need special-use approval in industrial zones, adding uncertainty and possible delays. The recommended standards also call for large buffers, screened equipment, strict generator limits, and no groundwater or rainwater for industrial cooling, though case-by-case changes and some existing approved projects are excepted.

People behind it

  • Chair who made the motion adopting the ordinance.

  • Legislative body that adopted Ordinance No. 23-192.

  • Advisory body that held public hearings and recommended the ordinance with additional considerations.

Show 1 more peopleShow fewer people
  • Reviewed the code amendments and recommended approval.

Restrictions & requirementsHide restrictions & requirements15
  • Data centers are no longer permitted by right in the I-1 or I-2 industrial districts; they may be established only as special uses requiring approval by the Board of Supervisors.

  • A proposed data center must generally obtain special-use approval, site-plan approval, a building permit, and an occupancy permit before establishment. Special-use approval is not required when the use is specified in proffered conditions vested through an adopted zoning map amendment, although a rezoning may still be required.

  • Data centers should provide a minimum 300-foot restricted buffer along property lines adjoining residential areas or zoning, hospitals, schools, child-care centers, parks, places of worship, or the Rappahannock River, and across roads from those uses or features.

  • No principal data-center structure should be located within 400 feet of a residential dwelling.

  • Structures and linear utility co-location should be excluded from required 300-foot restricted buffers.

  • Existing effective forest vegetation in the required buffers should be preserved; cleared areas or gaps should receive an at least eight-foot-high landscaped berm with specified slope and tree-planting requirements.

  • Data centers should provide a minimum 50-foot frontage buffer along public or private roads, exclude linear utility co-location from that buffer, and preserve or replant vegetation according to specified tree-density requirements.

  • A viewshed analysis should be submitted with a rezoning or special-use application for a proposed data center within 1,000 feet of agricultural or rural property, residential property, historic resources or districts, or the Rappahannock River; the analysis must include three-dimensional simulations from at least one vantage point along each property line.

  • Visible portions of data-center structures should use varied patterns or textures, neutral colors, façade projections or recesses every 100 feet, and fenestration, green-wall treatment, or both covering at least 50 percent of each visible façade.

  • Mechanical equipment, chain-link fencing, and barbed-wire fencing should be completely screened from public view.

  • Generators should meet or exceed EPA Tier 4 emissions standards.

  • Generators should be enclosed by sound-dampening barriers and limited to backup or emergency use, except that maintenance and testing are permitted.

  • Groundwater and rain harvesting should not be used for industrial cooling.

  • Data-center developments should include at least two access points, although one may be limited to emergency access.

  • The ordinance preserves an exception for properties with zoning-map amendments approved between January 1, 2022, and February 24, 2026, if the amendment changed the property to a district that permitted data centers at the time and the property is developed according to its approved proffers.

Benefits & exceptionsHide benefits & exceptions4
  • Data centers are authorized as special uses in both the I-1 and I-2 industrial districts, allowing them to be proposed in those districts subject to Board of Supervisors approval.

  • A separate special-use approval is not required when the data-center special use is included in proffered conditions and vested through an adopted zoning map amendment. A rezoning and concurrent special-use application remains allowed.

  • Certain zoning map amendments approved between January 1, 2022, and February 24, 2026, remain governed by the prior zoning ordinance, protecting qualifying projects from the new restrictions. The property must have been rezoned to a classification that permitted data centers when approved and must be developed according to its approved proffers.

  • Project-specific conditions may allow alternatives or modified development standards, provided the project appropriately mitigates identified impacts and the alternatives are evaluated case by case through a zoning map amendment or special-use-permit process.

Sources

current law · County measure
Reclassifies data centers in Spotsylvania County’s I-1 and I-2 industrial districts by removing them from principal permitted uses and adding them as special uses, generally requiring Board of Supervisors approval.Spotsylvania County Ordinance No. 23-192 (2026)

What this means

The measure makes data centers special uses in the I-1 and I-2 districts, so new projects generally need Board of Supervisors approval, which can add uncertainty and delay (data centers listed as special uses). The impact is limited because qualifying projects approved through a zoning-map amendment with proffered conditions do not need a separate special-use approval, some previously approved properties are protected, and data-center development standards are removed (approval exception and transition rule).

People behind it

  • Adopted and enacted Ordinance No. 23-192.

  • Chair who made the motion to adopt Ordinance No. 23-192.

Restrictions & requirementsHide restrictions & requirements4
  • Data centers are no longer permitted by right in the Industrial 1 (I-1) or Industrial 2 (I-2) districts; they are classified as special uses requiring approval by the Board of Supervisors. I-1 special uses include Data Center I-2 special uses include Data Center

  • A data center subject to the special-use process generally cannot be established until the applicant obtains special-use approval, site-plan approval, a building permit, and an occupancy permit. No special use shall be established until

  • Depending on the property's location and the nature of the work, additional approvals may be required, including a certificate of appropriateness in a historic overlay district or for a historic landmark, and a land-disturbing permit. the following special approvals may be required

  • The separate special-use approval requirement does not apply when the data-center use is specified in proffered conditions and vested through an adopted zoning map amendment; properties rezoned between January 1, 2022, and February 24, 2026, retain the prior rules if the rezoning allowed data centers and the property follows its approved proffers. subject to and governed by the zoning ordinance

Benefits & exceptionsHide benefits & exceptions4
  • Allows data centers to be established as special uses in both the Industrial 1 (I-1) and Industrial 2 (I-2) zoning districts, subject to approval by the Board of Supervisors.

  • Eliminates the separate special-use approval requirement when the data-center special use is included in proffered conditions and vested through an adopted zoning-map amendment. A rezoning and concurrent special-use application remains allowed.

  • Removes the data-center-specific development standards from the I-1 and I-2 district provisions, leaving data centers subject to the remaining generally applicable requirements.

  • Protects qualifying properties with zoning-map amendments approved between January 1, 2022, and the ordinance’s adoption date by applying the zoning ordinance in effect when the amendment was approved, if the amendment created a zoning classification that allowed data centers and the property is developed according to its approved proffers.

Sources

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