TITLE
Title
PUBLIC HEARING: CONSIDER THE ADOPTION OF A PROPOSED 180-DAY MORATORIUM ON DEVELOPMENT APPROVALS FOR NEW OR EXPANDED DATA CENTER, WITH POTENTIAL EXEMPTIONS
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SPONSOR
Sponsor
Heather Schaffer, Economic Development Manager
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BACKGROUND
Background
Pursuant to N.C. Gen. Stat. §§ 160D-107 and 160D-601, the Guilford County Board of Commissioners will conduct a legislative hearing to receive public comment and consider adoption of an ordinance imposing a temporary 180-day moratorium on development approvals for new data centers, including the acceptance, processing, and approval of applications for such facilities within Guilford County’s planning jurisdiction.
The proposed moratorium is intended to provide the County sufficient time to evaluate the potential impacts of data center development and determine whether additional zoning standards, mitigation measures, or review procedures are appropriate. The County’s review is anticipated to include consideration of impacts on utility and infrastructure capacity, environmental resources, public health, surrounding land uses, and other community considerations associated with data center facilities.
During the moratorium period, County staff would evaluate existing regulations and develop recommendations consistent with the Guiding Guilford Moving Forward Together Comprehensive Plan. This work is anticipated to include:
• evaluating infrastructure, environmental, land use, public health, and community impacts associated with data center development;
• reviewing data center regulations and regulatory approaches adopted or under consideration by other jurisdictions;
• identifying appropriate amendments to the Guilford County Zoning Ordinance and provisions for incorporation into the Guilford County Moving Forward Together Comprehensive Plan;
• engaging relevant stakeholders; and
• preparing recommended ordinance amendments or other regulatory measures for consideration by the Board of Commissioners.
If adopted, the proposed moratorium would expire no later than April 12, 2027, or upon adoption of applicable zoning ordinance text amendments, whichever occurs first. The moratorium would apply within the unincorporated areas of Guilford County and any additional areas that become subject to Guilford County land use and zoning jurisdiction during the moratorium period.
The proposed moratorium would not apply to data processing equipment, server rooms, or similar facilities that are incidental and subordinate to an otherwise permitted principal use and are intended solely to support the on-site operations of that use, provided all other applicable provisions of the County’s development regulations are satisfied. Examples may include facilities supporting hospitals, medical facilities, financial institutions, offices, educational institutions, or similar uses, so long as data processing is not the principal use of the property or offered primarily as a service to off-site users.
Projects exempt from development moratoria pursuant to N.C. Gen. Stat. § 160D-107(c) would also be excluded as required by law.
The purpose of the legislative hearing is to solicit public comment on the proposed moratorium. Following the hearing, the Board may consider revisions to the advertised proposal based on public comment, Board discussion, and deliberation.
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REQUESTED ACTION
Requested Action
Hold a public hearing and consider adoption of the attached Ordinance establishing a 180-day moratorium on the acceptance and processing of development applications for new or expanded data centers and any uses associated with data center processing facilities within the unincorporated areas of Guilford County.
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