Data Center Regulations

Albemarle County is reviewing regulations on data centers.

Introduction to Data Centers and the Regulatory Review Process

Data centers are places used to house computer systems that process large amounts of information. They can be accessory to a building's primary use, providing computerized support for that use, or they can be the sole use of a building, providing data services on a commercial basis.

Data centers can provide a more diversified economy and tax base. However, they have unique features and impacts that differ from those of other industrial or office-type uses:

Unique Impacts Associated with Data Centers

• Data centers consume large amounts of power, which could require extending transmission lines and building new substations.
• The equipment in a data center generates heat. This heat must be removed, and various cooling systems have different impacts. Evaporative cooling can consume large amounts of water, and refrigerant cooling can require a large amount of equipment, resulting in sound and visual impacts.
• Data centers can require large buildings. The size of the buildings may not be in character with the surrounding uses.
• Data centers require fewer staff per square foot than other industrial or office spaces. Because of this and the nature of the equipment used, the buildings require fewer windows and doors. This can result in expansive blank walls, which may not be in character with surrounding uses.
• Data centers operate 24/7/365 and need uninterrupted power. This can result in installing generators that produce emissions and noise, and may require fuel storage.

Unique Features Associated with Data Centers

• When sited in appropriate locations with strong infrastructure and adherence to high-performance and community standards, data centers can support local economies, enable innovation, and operate with minimal disruption to surrounding communities.
• Data centers require fewer staff per square foot than other industrial or office spaces. This results in lower traffic volumes and parking demands than other uses.
• Data centers using refrigerant cooling can have lower water and sewer demands than other uses.
• Data centers generate fewer truck trips compared to most other industrial uses.
• Not all data centers are large. They can be incorporated into buildings with other users and provide support services to those other users.

Board of Supervisors Direction on Regulations

On May 7, 2024, the Board of Supervisors adopted resolutions to consider regulations and district(s) for data centers.

• Read the Text Amendment Resolution
• View the Zoning Map Amendment

County Authority to Regulate Data Centers

The County can use its zoning authority to regulate data centers. With this authority, the County can:

• Limit the zoning district(s) where data centers can be located.
• Establish setbacks.
• Set maximum size requirements.
• Set maximum height requirements.
• Set noise limits.
• Require landscaping.

These are examples of what the County can do with zoning authority and are not intended to be an exhaustive list.

Limits to County Authority

The County may only enact regulations consistent with the authority granted to it by the General Assembly. The County does not have the authority to regulate data centers based on energy consumption, employment, customers served, technology used, or the origin of equipment used to operate the data center.

Existing Data Center Regulations

The County currently allows data centers of up to 40,000 square feet in areas with industrial zoning. Any data center over 40,000 square feet requires a special use permit. Special use permits are reviewed by the Planning Commission and Board of Supervisors, and their approval is discretionary. Data centers are also permitted in commercial districts, but only with a special use permit, regardless of size. Data centers that are accessories to the primary use are allowed.

The existing regulations require a 200-foot setback from all lot lines and a 500-foot setback from the Rural Areas zoning district. All data centers must be served by public water and sewer, and if water cooling is used, the system must be a closed loop. In addition, the routine operation of generators for maintenance and testing is limited to weekdays between 10 am and 4 pm, and all generators must be enclosed to limit noise.

Data centers are subject to all the provisions of the zoning ordinance in addition to the regulations listed above.