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The Data Center Divide

Wise County

Pro-Data Center Policies

Wise County allows data centers in its light and heavy industrial districts, but they still need an approved development plan and must meet the districts’ usual site rules.

current law · Unincorporated areas
Establishes zoning rules for Wise County’s unincorporated territory, creating M-1 Light Industrial, M-2 Heavy Industrial, and PD-BT Planned Development–Business Technology districts, with district-specific permitted and special-permit uses and development standards.Wise County Zoning Ordinance, Article 4 (M-1, M-2, and PD-BT districts)

What this means

The amendment would allow data processing and computer centers in the county’s light and heavy industrial districts, opening more places for data centers to be built (new permitted uses). They would still need an approved development plan and meet the districts’ regular site rules, so this is a meaningful benefit rather than an unrestricted approval (plans of development).

People behind it

  • Wise County Zoning Administrator who presented the proposed zoning ordinance amendment to the Planning Commission.

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

  • Moved for the Planning Commission to recommend approval of the proposed amendment.

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  • Seconded the Planning Commission motion recommending approval of the proposed amendment.

  • Considered and approved the amendments to the Wise County Zoning Ordinance.

  • Moved for the Board of Supervisors to approve the zoning ordinance amendments.

  • Seconded the Board of Supervisors motion approving the zoning ordinance amendments.

Restrictions & requirementsHide restrictions & requirements19
  • Data centers and related data-processing or computer-center uses in the M-1 or M-2 Districts require a plan of development before building permits, certificates of occupancy, or other development authorization may be issued.

  • A data center or related use in an M-1 or M-2 District located within 1,000 feet of a PD-BT District requires a special use permit, except that an expansion, enlargement, or modification adding less than 1,000 square feet of building space is exempt.

  • A special use permit requires scaled plans and supporting information, including site plans, building elevations, floor plans, utilities, drainage, access, parking, landscaping, screening, buffers, and natural features.

  • Special use permits require public hearings before both the Planning Commission and the Board of Supervisors, and the Board may impose conditions addressing compatibility, access, utilities, parking, buffers, environmental effects, and public safety.

  • An approved special use permit becomes void if the authorized building permit is not issued within 12 months, subject to one possible 60-day extension; if no building permit is required, the use must be established within 12 months.

  • M-1 and M-2 data-center buildings are generally limited to 50 feet in height; portions exceeding 50 feet must be set back from each property line by at least one foot for every foot of total building height.

  • In M-1 and M-2 Districts, buildings and structures must provide 50-foot side and rear yards where the lot abuts A-RR, R-1, R-2, or PD-BT property, with only a five-foot minimum next to an alley.

  • Outdoor storage, outdoor product display, and truck loading or unloading are prohibited in specified required side yards and within 10 feet of a street right-of-way in M-1 and M-2 Districts.

  • Outdoor storage areas in M-1 and M-2 Districts that abut A-RR, R-1, R-2, or PD-BT property must be screened with a continuous opaque fence, wall, or evergreen vegetation at least six feet high.

  • A plan of development must provide adequate on-site access, vehicle circulation, parking, loading areas, emergency-vehicle access, pedestrian facilities, drainage, erosion controls, landscaping, and protection of natural features.

  • Required parking for data-processing or computer-center facilities is calculated under the manufacturing, processing, research or laboratory, bottling, warehouse, storage, and truck-terminal category: two spaces per three employees, plus one space for each vehicle used in connection with the operation.

  • Parking areas with five or more spaces require an approved all-weather surface, and parking areas with five or more spaces must be screened from adjoining A-RR, R-1, or R-2 property by opaque fencing, walls, or evergreen vegetation at least four feet high.

  • In the PD-BT District, data-processing and computer-center uses require a plan of development and must comply with the approved district master plan.

  • Establishing a PD-BT District requires rezoning approval and a detailed master plan covering site characteristics, proposed uses, access, utilities, development standards, parking, open space, landscaping, lighting, signage, and phasing.

  • Each PD-BT District must contain at least 50 contiguous acres, excluding existing public streets, unless adding land to an existing district under the stated contiguity and ownership conditions.

  • PD-BT development requires at least 20 percent open space on each lot and at least 30 percent open space across the district, along with additional landscaping, parking-area landscaping, and perimeter-buffer requirements.

  • A PD-BT application must include a pre-application conference, and the first subdivision plat or plan of development must be submitted within 24 months after district approval or the Board of Supervisors may initiate rezoning back to the prior classification.

  • Plans of development expire if no building permit is issued within 12 months of approval, although the Zoning Administrator may grant one 90-day extension.

  • Applications for plans of development and special use permits are subject to filing fees established by the Board of Supervisors, and applicants must pay out-of-pocket costs for required licensed-engineer review of telecommunication-related information.

Benefits & exceptionsHide benefits & exceptions10
  • The M-1 Light Industrial and M-2 Heavy Industrial districts expressly permit data processing and computer centers, internet commerce centers, customer service centers, telephone calling and relay centers, and corporate, professional, and general business-administration offices. These uses remain subject to the applicable plan-of-development requirements. The ordinance adds these office and technology uses

  • M-1 and M-2 districts expressly allow accessory infrastructure that can support data centers, including electric-generation, distribution, transmission, and substation facilities; enclosed battery and fuel storage; water and sewer facilities; broadband and fiber-optic utilities; access and security buildings; and other related private or public utilities. The ordinance lists these supporting facilities

  • Electric generating plants are expressly permitted in the M-2 Heavy Industrial District, allowing a data-center site in that district to include on-site generation subject to the ordinance's development requirements. Electric generating plants are listed as an M-2 permitted use

  • Solar energy systems are permitted as accessory uses to permitted principal uses, including in M-1 and M-2 districts, subject to accessory-building standards and the ordinance's solar criteria. Solar energy systems are permitted as accessory uses

  • The PD-BT Planned Development-Business Technology District permits data processing and computer centers, internet commerce centers, customer service centers, telephone calling and relay centers, and corporate, business, general-administration, and professional offices. Development requires an approved master plan and plan of development, but the district provides a dedicated business-technology zoning pathway. The PD-BT district permits these technology and office uses

  • The PD-BT district also permits utility rights-of-way and appurtenances, parking facilities, and wireless-communications towers and appurtenances, which can support data-center operations. The district requires a minimum of 50 contiguous acres, and its master plan can specify development standards for individual sites. PD-BT permits utilities and wireless communications facilities

  • M-1 and M-2 buildings may be up to 50 feet high, with additional height allowed when the portions above 50 feet are set back from property lines by at least one foot for each foot of total building height. This can accommodate taller data-center structures, subject to the setback formula. The ordinance allows additional industrial-district height with increased setbacks

  • For M-1 and M-2 uses within 1,000 feet of a PD-BT district, a special-use permit is generally required, but expansions, enlargements, or modifications adding less than 1,000 square feet of building space are exempt from that requirement. This creates a limited easier-permitting path for small expansions. The transitional provision exempts small expansions

  • For uses requiring a plan of development, the zoning administrator must approve, conditionally approve, or disapprove the plan within 30 days after receiving all required plans and information, unless the ordinance assigns approval to the planning commission. This establishes a defined administrative review deadline for qualifying data-center projects. The zoning administrator has a 30-day review period

  • A lawfully existing data-center use that later becomes nonconforming may continue, although extensions, enlargements, or moves into a different or greater area are restricted. Lawfully existing nonconforming uses may continue

Sources

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