Data centers; industrial zoning.

Plain English Breakdown

The exact date when localities must make changes is not specified, only that it should happen by the next time they update their comprehensive plan.

Data Centers and Industrial Zoning

This law requires localities with existing or planned data center regulations in their zoning laws to update these rules to treat data centers as industrial uses, review locations for potential noise issues near homes, and add specific requirements to protect residential areas.

What This Bill Does

• Local governments must change their zoning laws to include data centers as industrial uses.
• They need to look at where data centers can be built without special permission and adjust these zones if they are too close to houses.
• Localities should check the rules about how far buildings must be from homes and how tall they can be, and add new rules for data centers if needed.
• Local governments have to find good places in their area where data centers could be built without causing problems.
• They also need to think about ways to stop noisy data centers from bothering nearby residents.

Who It Names or Affects

• Local government officials who make zoning rules
• Companies that want to build data centers

Terms To Know

Zoning ordinance

Rules set by local governments about how land can be used in different areas of a city or town.

Data center

A building that houses lots of computer servers and equipment for storing and processing data.

Limits and Unknowns

• This law only applies to localities that already have rules about data centers in their zoning laws or are planning to add them.
• The exact date when these changes must be made is not specified, but it should happen by the next time the locality updates its comprehensive plan.

Official Summary Text

Data centers; industrial zoning.
Requires a locality to review and amend its zoning ordinance to (i) designate data centers as industrial uses for zoning purposes; (ii) review the locations of zones allowing data centers by right, and adjust the zoning map, if needed, considering proximity to residential areas; (iii) review the minimum requirements in the zoning ordinance, such as setbacks and building heights, for the purpose of mitigating negative impacts on residential or other sensitive areas and consider adding requirements specific to data centers as needed; (iv) identify optimal areas for data center development in the locality, including locations that are suitable from the locality's perspective as well as the industry's perspective; (v) consider zoning ordinance changes to reduce the likelihood of noisy data centers, including through limiting allowable locations and requiring sound modeling, and prohibit the constant low-frequency noise of data centers from reaching residential areas; and (vi) require commitments from data centers making zoning requests to sufficiently mitigate negative impacts on any nearby residential areas. The provisions of the bill shall apply only to localities where data centers are already addressed in the locality's zoning ordinance or where a locality is revising its zoning ordinance to include data centers. This bill was incorporated into HB 153.

Current Bill Text

A BILL to amend the Code of Virginia by adding a section numbered
15.2-2295.3
, relating to data centers; industrial zoning.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered
15.2-2295.3
as follows:

§
15.2-2295.3
.
Data centers to be zoned as industrial
use
.

A.
To the extent
necessary, a locality shall
review and
amend its zoning ordinance
to
conform to
the requirements of this section
on or before

the date of
a locality's next update to its
comprehensive plan

pursuant
to
§
15.2-2230
.
For the purposes of this section, "data center" means the same as
that
term is defined in subdivision A 43 of §
58.1-3506
.

B.
In
reviewing its zoning ordinance pursuant to subsection A, a
locality shall
(i)
designate data centers as industrial uses for zoning purposes
; (ii)

review the locations of zones allowing data centers by right, and adjust the

zoning map
,
if needed, considering proximity to residential areas;
(i
i
i)
review the
minimum requirements in the zoning ordinance
, such as setbacks and building heights,

for the purpose of mitigating
negative impacts on residential or other sensitive areas
and

consider
add
ing
requirements specific to data centers as needed;
(
iv)
identify optimal areas for data center development in the locality, including

locations that are suitable from the locality
'
s perspective
and
the industry
'
s perspective;
(v)
consider zoning ordinance changes to
reduce the likelihood of noisy data centers, including through limiting allowable locations and requiring sound modeling, and prohibit the constant low-frequency noise of data centers from reaching residential areas; and
(v
i
)
require commitments from data centers making zoning requests to sufficiently mitigate negative impacts on any nearby residential areas
.

C. This section shall apply only to localities where data centers are already addressed in the locality's zoning ordinance

or
where a
locality
is
revising its zoning ordinance to include data centers.