York County
Anti-Data Center Policies
York County’s enacted ordinance limits data centers to special-use-permit locations and requires setbacks, buffers, utility and water approvals, noise controls, and fire-safety plans. It also restricts utility-use increases and generator testing, adding costs and operating limits without banning data centers.
current law · County measureAmends the York County Zoning Ordinance to define data centers and require a special use permit in three zoning districts, as adopted by the Board of Supervisors on June 17, 2025 (Ordinance text).York County Ordinance No. 25-16(R) (2025)
What this means
The measure would make data centers harder to build by limiting them to special-use-permit locations and requiring large setbacks, buffers, utility and water approvals, noise controls, and fire-safety plans. It would also limit utility-use increases and restrict generator testing, creating meaningful costs and operating constraints, though it does not ban data centers outright.
People behind it
- Thomas G. Shepperd, Jr.
Moved adoption of the ordinance.
- York County Board of Supervisors
Adopted the ordinance and approved the zoning amendments.
- York County Planning Commission
Determined the zoning amendments were necessary and recommended approval.
Restrictions & requirementsHide restrictions & requirements30
Data centers are allowed only by special use permit in the zoning districts where they are listed as special-use-permit uses.
A special use permit application must include an electric utility letter confirming sufficient proximity and capacity at a substation and transmission lines; the letter must state the data center’s full-operating-capacity energy use and voltage level.
A special use permit application must include a public water utility letter confirming sufficient capacity and stating the data center’s full-operating-capacity water use.
Every five years, the data center must submit letters from the electric and public water utilities verifying that it is using the approved amounts of electricity and water.
Electricity or water use may increase by no more than 25 percent above the originally approved amount without amending the special use permit; increases beyond 25 percent must follow the applicable special-use-permit amendment procedures.
Data centers must connect to a public water system, and the use of wells as a water supply is prohibited.
Data centers must use County-approved water-conservation methods, such as rainwater harvesting or water recycling, and required improvements must be shown on the site plan before approval.
A sound study must be submitted with the special use permit application, including pre-development ambient noise, modeled post-development noise, generators and ancillary equipment, and overnight measurements between 11:00 p.m. and 5:00 a.m. from at least four property corners or other locations designated by the Zoning Administrator.
After operations begin, the Zoning Administrator may require additional sound studies at the owner’s or lessee’s expense.
Data centers and ancillary equipment may not produce sound exceeding the existing ambient noise measured in the required study or 55 decibels, whichever is greater, when measured at the property boundary.
An acoustic barrier must surround all exterior mechanical equipment, be shown on the approved site plan, and be maintained for the facility’s operational life.
On-site generator testing is limited to Monday through Friday from 5:00 p.m. to 8:00 p.m. and may not exceed one hour per week.
Data center structures and ancillary equipment must be set back at least 200 feet from all property lines and 500 feet from any residential dwelling.
Data center developments must have a landscaped perimeter buffer at least 50 feet wide meeting Type 50 Transitional Buffer standards, with a tree survey and potentially supplemental evergreen planting.
Data center buildings may not exceed 35 feet in height unless the Board approves a greater height.
Visible building façades may not use barren or unfinished concrete masonry units, corrugated material, sheet metal, or vertical metal siding; specified or comparable finished materials must be used instead.
A front-facing façade longer than 50 feet must include projections, recesses, or bay divisions extending at least 20 percent of the façade length, along with architectural treatments intended to avoid a plain, unvaried façade.
Large trash receptacles, dumpsters, utility meters, aboveground tanks, satellite dishes, antennas, and similar items must be screened from view or located so they are not visible from adjacent properties, with the screening shown on and maintained under the site plan.
Landscaping must be installed next to all fencing to reduce its visibility from external rights-of-way and adjacent properties.
Freestanding signs must be ground-mounted monument signs no larger than 32 square feet and no taller than 10 feet.
Special use permit applications must include perspective renderings or photo simulations of landscape treatment and visible structures, as well as a list of proposed building materials.
Applicants must submit documentation during the special use permit process explaining how the data center will address the County Department of Fire and Life Safety’s Data Center Response Considerations guidelines.
Parking spaces may not be located within 30 feet of a data center building.
Drive aisles must have a minimum 33-foot turning radius to accommodate County fire and life safety apparatus.
A comprehensive employee evacuation plan must be submitted to and approved by the County Department of Fire and Life Safety.
A hazardous materials management plan must be submitted to and approved by the Department of Fire and Life Safety.
If a data center ceases operating continuously for 30 days, the owner or operator must provide the Zoning Administrator, within seven days, either evidence that it remains in operation or documentation explaining the cessation and presenting a restoration plan and expected restoration date.
If the data center is not operating and will not be restored, the Zoning Administrator may require its equipment to be dismantled and removed within 180 days.
If a restoration plan is provided, the Zoning Administrator may set a deadline for corrective measures and may require equipment removal if the measures are not completed.
Before building permits are issued, the owner or lessee must execute and record an agreement requiring equipment removal within 180 days after County notice and authorizing the County to perform the work at the owner’s or lessee’s expense if they default.
Benefits & exceptionsHide benefits & exceptions8
Data centers are added as a use permitted by special use permit in three listed commercial or industrial zoning districts, creating an established approval pathway for development.
Applicants can demonstrate infrastructure availability through letters from the electric utility and public water purveyor confirming sufficient capacity to serve the proposed facility, including the facility’s full-operating electricity, voltage, and water requirements.
A data center may increase its approved electricity or water usage by up to 25% without undergoing the procedures for amending its special use permit; increases above 25% are subject to those amendment procedures.
The noise limit is the greater of the existing ambient noise measured in the required study or 55 decibels, allowing a facility to operate above 55 decibels where existing ambient conditions are louder.
The Board of Supervisors may approve a data center building taller than the otherwise applicable 35-foot maximum.
A temporary operating interruption does not automatically require removal: removal procedures may begin only after the facility has ceased operating continuously for 30 days, and the owner or lessee may submit reasons and a restoration plan with an expected resumption date.
If the owner or lessee submits a restoration plan, the Zoning Administrator may allow corrective measures to be completed within a specified period before requiring equipment removal.
If equipment removal is required, the owner or lessee receives up to 180 days to remove it after notice, subject to a recorded agreement that authorizes the County to perform the work at the owner’s or lessee’s cost if they default.
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