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The Data Center Divide

Wythe County

Mixed Data Center Policies

Virginia offers conditional tax breaks and optional local tax benefits for qualifying data centers, while requiring large new facilities to assess noise and certain generators to meet emission limits for applications from July 2026. Separate water reporting by covered suppliers is upcoming.

Rating and summary from Virginia statewide as there are no scored current or future laws outside temporary restrictions for Wythe County.

Specific to Wythe County only.

pending · Unincorporated areas
Would establish zoning districts and land-use controls for unincorporated Wythe County to guide development and protect agricultural, environmental, historic, safety, and community interests, if officially codified by the governing body (the draft ordinance).Wythe County Land Use Classification Ordinance (proposed draft)

What this means

The draft would require data centers treated as data-processing facilities to get a special-use permit and public hearing in commercial and industrial districts, adding approval steps and possible delays. It does not ban them, and the source says those districts would remain eligible; the draft is proposed, not enacted. Special-use permit requirement Eligible districts

People behind it

  • Governing body responsible for proposing, reviewing, and adopting the land-use classification ordinance.

  • Reviewed the draft, recommended changes, and provided recommendations to the Board of Supervisors.

  • County staff coordinator who presented the revisions, was directed to make further changes, and prepare the revised draft for publication.

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  • Official designated to administer and enforce the ordinance, including reviewing zoning applications and addressing violations.

Restrictions & requirementsHide restrictions & requirements9
  • Call centers and data-processing facilities—including data centers—are allowed only by special use permit in the Commercial and Industrial districts, rather than by right. The permit requires a public hearing and approval.

  • A special use permit for a data center must be reviewed by the Planning Commission and acted on by the Board of Supervisors. The Board generally must act within 90 days after receiving the Planning Commission’s recommendation, but the period may be extended for another 90 days for good cause.

  • The special-use process allows the Board of Supervisors to impose project-specific conditions and restrictions, including larger setbacks, screening, landscaping, road-turning lanes, sidewalks, streetlights, additional parking, sign limits, and restrictions on operating hours.

  • A data center located on a parcel within 1,000 feet of an interstate median or interchange is subject to the Transportation Corridor Overlay District. All new, changed, or expanded uses in the overlay require a special use permit, and the entire parcel is covered if any portion lies within the overlay.

  • Special-use approval requires the proposed facility to have direct access to a public road capable of safely handling the automobile and truck traffic it generates, along with adequate erosion-control, sewage-disposal, privacy-screening, and—where applicable—dust, smoke, odor, and glare safeguards.

  • A data-processing facility must provide off-street parking equal to at least one space for every employee on the largest shift, plus an additional 10 percent of that total for visitors and vendors.

  • No building, structure, or land use may be established or changed without a zoning permit, and a building permit may not be issued until the Zoning Administrator approves the zoning permit. The Zoning Administrator must also review certificates of occupancy for new, altered, converted, or moved buildings.

  • A zoning permit expires if the authorized use is not started within 12 months after issuance and completed within an additional 12 months.

  • If a data center use becomes nonconforming, it may not be expanded or relocated to occupy a different or larger area without a special use permit. A nonconforming use that is discontinued for more than 24 consecutive months must thereafter comply with the district’s current use regulations.

Benefits & exceptionsHide benefits & exceptions10
  • Call centers and data-processing facilities—including data centers—are expressly allowed as special uses in both the Commercial and Industrial districts. Approval requires a public hearing and approval under the special-use-permit process, rather than a rezoning.

  • The special-use-permit process allows the Board of Supervisors to approve a data center subject to site-specific conditions, such as screening, landscaping, additional parking, turning lanes, sidewalks, lighting, operating-hour limits, or other conditions intended to ensure compatibility.

  • Local-distribution utility facilities, including water, sewer, electric, wired communications, and natural-gas lines, are exempt from the ordinance’s zoning restrictions. Major facilities such as generating stations, booster stations, high-voltage towers, and communications towers remain subject to district regulations.

  • Existing buildings, structures, and uses that become nonconforming may continue, and vested rights are protected. Uses and structures existing when the ordinance takes effect may continue under the nonconforming-use provisions.

  • A nonconforming use may be expanded by up to 10 percent of its existing square footage without a special-use permit. Larger expansions require a special-use permit.

  • A nonconforming building devoted to a conforming use may be expanded by up to 50 percent of its existing square footage if the front setback is not reduced and minimum side and rear setbacks are met.

  • Buildings or uses covered by permits issued before the ordinance takes effect may proceed without being brought into compliance, provided construction begins before the permit expires. Abandonment of construction for 12 months or more causes later construction and use to become subject to the ordinance.

  • A nonconforming data-center-related building damaged by accident, fire, explosion, terrorism, or an act of God may be repaired or reconstructed without increasing its original size, with a possible additional 10-percent expansion under the nonconforming-use rules.

  • The County Engineer reported that plans for the data center at Progress Park had been approved, providing project-specific administrative approval for the planned facility.

  • The County reported that the Progress Park connector road was expected to be completed by late summer or early fall of 2027, providing planned transportation infrastructure serving the Progress Park area.

Sources

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