Fairfax County, Virginia, Proposes Updated Zoning Regulations Related to Data Centers
Highlights
- In response to the direction issued on March 19, 2024, by the Board of Supervisors of Fairfax County, Virginia, the county's Department of Planning and Development recently released proposed text for a zoning ordinance amendment to provide stronger controls regarding the permitted locations, building design and noise standards of all data centers in the county.
- Public hearings on the zoning ordinance amendment are currently scheduled before the Planning Commission on June 5, 2024, and before the Board of Supervisors on July 16, 2024.
In response to the direction issued on March 19, 2024, by the Board of Supervisors of Fairfax County, Virginia, the county's Department of Planning and Development recently released proposed text for a zoning ordinance amendment to provide stronger controls regarding the permitted locations, building design and noise standards of all data centers in the county.
Proposed Text
As summarized in the bullets and charts below, the proposed text modifies existing regulations, creates new use-specific standards for by-right approvals in certain zoning districts, and allows for a Special Exception application to modify some of those standards. The proposed text either amends or creates requirements pertaining to:
- Screening and Enclosure of Equipment: Required for all data centers
- Size Thresholds for By-Right Data Centers:
- Limits by-right threshold in I-4 district to 80,000 square feet of gross floor area (GFA)
- Retains other existing by-right thresholds
- Provides option for repurposing existing buildings
- Setbacks from Residential: Staff has proposed a 200-foot setback but is recommending advertising up to a 500-foot setback
- Distance from Metro: One-half mile
- Required Noise Studies: Required with by-right data centers and Special Exception applications; an additional noise study is required post-construction but prior to issuance of occupancy permit
- Building Design: Requirement for a main entrance feature, change in façade surface every 150 horizontal feet and for building fenestration design features
In addition, new submission requirements are proposed for a rezoning or Special Exception that would require noise studies and architectural studies at the time of submission.
The following tables outline the existing requirements and recommendations in the proposed zoning ordinance amendment:
Current Zoning Permissions
|
Zoning District |
By-Right Standards |
Special Exception (SE) Standards |
|
C-3 (Office) |
Up to 40,000 SF of GFA; or larger if repurposing a building existing on May 10, 2023 |
Required for larger size; or for increase in height or FAR |
|
I-2 (Low Intensity Industrial) |
Up to 80,000 SF of GFA; or larger if repurposing a building existing on May 10, 2023 |
Required for larger size; or for increase in height or FAR |
|
I-4 (Medium Intensity Industrial) |
Yes (limited by district height of 75 feet and FAR of 0.5) |
Required for increase in height or FAR |
|
PRC (Town Center, Convention/Conference Center) |
Yes, if shown on the development plan |
n/a |
Source: Zoning Ordinance Amendment –
Data Centers – Staff Summary, April 23, 2024
Proposed Data Center Use Standards
|
|
By-Right Standards |
SE Standards |
|
Equipment screening/enclosure |
All districts |
Same |
|
Maximum size |
C-3, C-4: 40,000 SF or repurposing |
Size limit may be exceeded; zoning district FAR still applies |
|
I-4 (Medium Intensity Industrial) |
200 feet (up to 500 feet) |
SE for lesser distance |
|
Distance from Metro |
½ mile |
SE for lesser distance |
|
Noise study |
All districts |
Same |
|
Building design standards |
Conventional districts: main entrance feature; variation in façade surface every 150 feet; minimum 30 percent fenestration |
SE or development plan: submit architectural sketches, sight line studies; variation in massing if within 200 feet of residential |
Source: Zoning Ordinance Amendment –
Data Centers – Staff Summary, April 23, 2024
For additional details, read the full staff summary of the proposed zoning ordinance amendment.
Up Next: Public Hearings
Public hearings on the zoning ordinance amendment are currently scheduled before the Planning Commission on June 5, 2024, and before the Board of Supervisors on July 16, 2024.
If you have any questions regarding the proposed zoning ordinance amendment, please contact the authors or another member of Holland & Knight's Mid-Atlantic Land Use Team.
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