5.52 DATA CENTERS

5.52.1  DEFINITIONS
The land use of “data center” shall be defined as any building or group of buildings containing one or more large-scale computer systems or networked server computers for data storage, data processing, web hosting, application hosting, streaming services, or other related services for off-site users.  Typical supporting equipment includes mechanical and electrical equipment, redundant power supply connections, redundant data communications connections, power generators, cooling units, and enhanced security features.

For the purposes of this Ordinance, the term “data center” shall also encompass “cryptocurrency mining” and other comparable land uses, and the terms shall be used interchangeably. The terms “cryptocurrency mining,” as well as “cryptomining,” or “cryptomining operation” shall be defined as any building or group of buildings containing one or more large-scale computer systems or networked server computers for computationally-intensive applications such as blockchain technology, validating blockchain transactions, cryptocurrency mining, and other similar functions. 

The term “dBA” shall indicate the sound or acoustic pressure level, in decibels, as measured by a sound level meter using an A-weighted filter network (an electronic frequency filter that adjusts sound measurements to match how the human ear perceives sound).  The A-weighted filter network is designed to stimulate response of the human ear and is expressed by the abbreviation “dBA.”

The terms “dBC” and “dBZ” shall indicate C-weighted and Z-weighted (or Zero-weighted) acoustic pressure levels as measured using their respective filter networks.

The terms “energy usage” or “energy consumption” shall mean the total amount of electricity or other forms of energy consumed, measured in kilowatt-hours.

The terms “water usage” or “water consumption” shall mean the total amount of water consumed, including water used for cooling, measured in gallons.

The term “hazardous materials” shall mean any substance that poses a threat to public health and safety, including, but not limited to, coolants, diesel fuel, biocides utilized for cooling treatments, and heavy metals associated with batteries and computer equipment (lead, lithium, nickel, cadmium, mercury, etc.). 

5.52.2  GENERAL STANDARDS

5.52.2.1 Principal structures associated with data centers and accessory structures housing equipment intended for cooling, ventilating, or otherwise operating the facility, including power generators or other power supply equipment and other outbuildings, shall be located no less than 500 linear feet from any existing residential or multifamily structure(s).  This distance shall not apply to guardhouse structures at vehicular entry points for the site.

5.52.2.2 Any equipment that is utilized for cooling, ventilating, or otherwise operating the facility (including power generators or other power supply equipment), the screening standards are dependent upon their location:

• For rooftop-mounted equipment, it shall be housed within a sound-attenuated enclosure and screened from view of any public street behind a parapet wall or other screening method.
• For ground-mounted equipment, it shall be fully enclosed by a building or screened on all sides by a masonry wall with a minimum height to exceed the tallest portion of the equipment.

5.52.2.3 Parking areas associated with data centers shall not be located within a required buffer area as set forth in Table 5.52-1.

5.52.3.4 Principal structures shall be located at least 100 feet away from any publicly-maintained road.

5.53.2.5 Site plans must include a photometric plan that adequately verifies that adjoining properties shall not be adversely impacted by any exterior lighting associated with a proposed data center, including security lighting.  The photometric plan shall be included with the TRC application packet.

5.53.2.6 Generator testing during non-emergency operations shall be limited to the hours between 9:00am and 5:00pm.  Except for generator testing or commissioning activities, generator use shall be limited to utility service disruptions or other emergency events (inclement weather, etc.) and must cease generator usage as soon as primary electricity sources are restored.

5.52.2.7 Principal structures associated with data centers shall not exceed 75 feet in height.  This measurement shall include any roof-mounted equipment.

5.52.2.8 Minimum paved parking requirements shall be 1 parking space per on-site employee at maximum shift.

5.52.2.9 Principal structures for data centers shall have exterior building facades constructed of brick, wood, stucco, sandstone, or other native stone.  Tilt-up concrete panels and concrete masonry units (CMUs) shall also be permitted except where prohibited by §10.7 and §10.8 of this Ordinance.  Under no circumstances shall pre-fabricated metal or vinyl siding be utilized for exterior building materials.  Under no circumstances shall intermodal freight containers (commonly referred to as “shipping containers” or “conex boxes”) or other similar modular containers be utilized to house data equipment.  Such structures shall only be utilized for temporary storage purposes, and subject to temporary use permits as detailed in §5.34 of this Ordinance.

5.52.2.10 A comprehensive master plan detailing all planned structures, internal driveways, parking, fencing/walls, landscaping, and other design elements shall be submitted and reviewed as part of the TRC review process.  If approved, the master plan may be constructed in phases.  Substantial deviations from the approved comprehensive master plan will necessitate a new or amended TRC approval.

5.52.3 MINIMUM LANDSCAPING BUFFER & BUILDING SETBACK STANDARDS

5.52.3.1 Minimum perimeter landscaping buffers and minimum building setbacks shall be determined by each exterior property line’s abutting land use and/or development type at the time of site plan submittal, as put forward in Table 5.52-1.  For reference, the abutting land use or zoning category (Class 1, Class 2, etc.) is further explained in Table 7-2 in Article 7 of this Ordinance.  The landscaping points values are further explained in Table 7-1 and Table 7-4 in Article 7 of this Ordinance. 

For the purposes of interpreting Table 5.52-1, existing land uses shall take precedence over existing zoning districts if there is an existing legal nonconformity.  (e.g.: if an abutting property has a commercial zoning district but is developed with only a single-family dwelling, and that dwelling is determined to be existing legal nonconforming use, the residential dwelling would be used to determine the appropriate setback and buffer for the data center, not the commercial zoning).

TABLE 5.52-1 PERIMETER LANDSCAPE BUFFER & MINIMUM BUILDING SETBACK REQUIREMENTS

NOTE: Refer to §5.52.2.1 regarding minimum separation standards between proposed data centers and existing residential and multifamily structures.

5.52.3.2 Existing vegetation may be counted towards satisfying the minimum landscaping standards set forth in Table 5.52-1.  Existing vegetation shall be identified and delineated on a landscaping plan (in the form of a survey of existing tree and shrub species) and shall be included in the applicant’s site plan submittal signed and sealed by a licensed design professional.  

5.52.3.3 For parcels proposed for development with a data center, the minimum street yard buffer shall be a Type D landscaping buffer (see Table 7-4 in Article 7 of this Ordinance), with the preservation of existing vegetation encouraged to maintain separation buffers and opacity.  Where newly planted landscaping is necessary, at least 50% of the planting species shall be evergreens.

5.52.4 PRE-APPLICATION MEETING REQUIREMENT

5.52.4.1 It shall be the responsibility of the data center subject property owner and/or applicant to schedule a pre-application meeting with Community Development Department staff to discuss the review and approval process for their project prior to the formal submittal of any site plan.

5.52.5 NOISE MITIGATION STANDARDS

5.52.5.1 The data center subject property owner and/or applicant shall have a pre-construction sound study performed by a third-party licensed acoustic engineer to determine baseline ambient noise levels (as measured in dBA) along all exterior property lines of the proposed data center.  The study shall provide data for the measured A-weighting, C-weighting and Z-weighting and narrow band frequency analysis/tonal analysis.  The noise study shall include a noise contour map and shall be sealed and signed by the licensed acoustic engineer.  Ambient noise/decibel levels shall be documented from all perimeter property lines of the subject property on which the data center is proposed. The pre-construction noise study shall be submitted as part of the TRC application.

5.52.5.2 Data centers shall be constructed to incorporate sound mitigation methods sufficient to prevent the sound levels emitted from the data center structure(s) from exceeding permitted decibel levels during normal operations. Post-construction sound levels along the exterior property lines of the data center site shall not exceed the documented pre-construction sound level (as measured in dBA, dBC, and dBZ) or 65 dBA, whichever is greater. 

5.52.5.3 The Zoning Administrator may require a noise study to be prepared by a licensed third-party acoustical engineer of the choosing of the local jurisdiction having zoning authority over the subject property at the applicant’s expense at any time upon receipt of a noise complaint or as is needed to ensure compliance with noise mitigation standards found in this Ordinance.  Complaint-based noise studies shall be limited to a two (2) within one (1) calendar year, unless the subject property is found to be in violation of the baseline decibel level.  Upon the determination of a valid complaint in which the data center’s measured decibel exceeding the baseline, the applicant and/or property owner shall be financially responsible for as many noise studies as necessary until no violation of the pre-construction noise level is measured.  In addition to the costs of the acoustical engineer’s services to perform a sound study, the applicant and/or property owner shall incur a civil penalty of $10,000, paid to the local government having jurisdiction, for every completed noise study that determines the decibel level measured at the exterior property line has exceeded the established noise level.

5.52.6 WATER USAGE STANDARDS

5.52.6.1 Data centers shall not utilize groundwater or well water as a water source, but instead must utilize and connect directly to municipal water sources. 

5.52.6.2 It shall be the responsibility of the subject property owner and/or applicant to provide written confirmation from the local water/utility provider that adequate water capacity is available to serve the proposed data center development.  This documentation shall be included with the TRC application.

5.52.7 ELECTRICITY USAGE STANDARDS

5.52.7.1 Data center developments must connect to and be powered primarily by a regional electricity supplier (including, but not limited to: Duke Progress Energy, Central Electric Membership Corporation, etc.). 

5.52.7.2 It shall be the responsibility of the subject property owner and/or applicant to provide written confirmation from the electricity/utility provider that the proposed data center’s estimated electricity consumption does not adversely impact existing electrical capacity.  This documentation shall be included with the TRC application.

5.52.8 DECOMMISSIONING AND ABANDONMENT

5.52.8.1 The cessation of operations for twelve (12) continuous months shall render a data center to be defunct and/or abandoned unless the property owner (or other responsible party with ownership interest) provides substantial evidence to the Department of Community Development of the intent to maintain and reinstate operation of the facility.  In such an event, the applicant or property owner must ensure the remaining technological hardware, infrastructure (e.g.: private on-site substations), fuels, and other hazardous materials (e.g.: biocides or other treatment chemicals) on the premises are properly disposed of and removed and pose no hazard to the public. 

5.52.8.2 The property owner or operator of the data center must notify the Department of Community Development when the site is abandoned and when the site’s hazardous materials are completely remediated. 

5.52.9 RETENTION OF CONSULTANTS
The local government having jurisdiction over the subject property of a potential data center shall retain a consultant or professional services to review application packets for new data centers. The consultant will review all application components (noise study, etc.) and make determinations and recommendations on relevant issues including, but not limited to, verification of the applicant’s due diligence, analysis of alternatives, and compliance with state and federal rules and regulations. The applicant shall pay a fee (as determined by the consultant) as part of the TRC application for the costs of the consulting services as incurred by the local government jurisdiction having authority. The local government having jurisdiction shall require any consultants to disclose any potential conflicts of interest and to hold confidential any proprietary information supplied by the applicant. At the request of the applicant, the Department of Community Development shall arrange an informal consultation with the applicant to review the consultant’s report prior to any public hearing on the application.

5.52.10 SITE PLAN/PERMIT SUBMITTAL REQUIREMENTS

5.52.10.1 A complete zoning/building permit application submittal shall include the following:

• a TRC-approved conceptual master plan
• a TRC-approved preliminary landscaping plan
• a TRC-approved photometric plan
• written confirmation of available water capacity from municipal water utility
• written confirmation of available electrical capacity from regional power utility
• a copy of the signed and sealed pre-construction sound study and retained consultant’s assessment

5.52.10.2 The review and permitting process shall proceed as follows:

Proposed amendment to UDO Article 4, Permitted Use Matrix:

Permitted with supplemental standardsin LI and HI zoning districts

Proposed amendment to UDO Article 8, Minimum Required Parking:

April 1, 2026

Provided by the City of Sanford.

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