The Board of Supervisors of Fairfax County, Virginia, approved a new zoning ordinance amendment on Sept. 10, 2024, that introduces more detailed use standards for data centers. (For earlier analysis, see Holland & Knight's previous alert, "Fairfax County, Virginia, Proposes Updated Zoning Regulations Related to Data Centers," May 9, 2024.) The updated regulations aim to better manage the size and location of data centers while also addressing key concerns such as noise reduction, architectural design, proximity to residential areas and distance from Metro stations. This amendment now requires a Special Exception for data centers that cannot satisfy the new standards. In practice, the Special Exceptions will likely be required for most data centers moving forward. The Zoning Ordinance Amendment went into effect on Sept. 11, 2024.
Site plans for data centers accepted for review before July 16, 2024, will be reviewed based on the provisions of the zoning ordinance in effect on July 16, 2024. If a site plan was approved before July 16, 2024, the approval remains valid, and the plans will not be required to meet the new standards.
Below is a summary of several of the key changes to the Zoning Ordinance standards for Data Centers:
- Equipment Enclosure. To provide visual screening and reduce noise levels, all equipment necessary for cooling, ventilating or otherwise operating the facility – including power generators or other power supply equipment – must now be fully enclosed except where determined by the director not to be mechanically feasible based on the manufacturer specifications. If the director determines it is not mechanically feasible to fully enclose the equipment, it must be screened by a wall or similar barrier. In addition, any equipment as referenced above that is located on the ground and any accessory electrical substation must be screened from view from abutting lots and from rights of way by a visually solid wall. This measure is designed to reduce both visual and noise impacts, making data centers less intrusive to the surrounding environment.
- Size Thresholds. The amendment retains the existing 40,000-square-foot limits on the size of by-right data centers in C-3 and C-4 and introduces a size limit for the I-4 District of 80,000 square feet, which also applies in the I-2 and I-3 Districts. Larger developments exceeding these by-right limits will require Special Exception approval except in the I-5 and I-6 Districts.
- Residential Setback. Data center buildings must maintain a minimum distance of 200 feet from the lot line of any adjacent or abutting residential district or property developed with a residential use. Equipment located on the ground, including generators, must be placed at least 300 feet from the lot line of a residential district or be separated from the lot line of a residential district or property developed with a residential use by the data center building itself. Lesser distances may be permitted with Special Exception approval.
- Distance from Metro Stations. A data center building must be located at least one mile from a Metro station entrance. A lesser distance may be allowed with Special Exception approval.
- Noise Studies. Prior to site plan approval, a noise study must be submitted demonstrating to the Zoning Administrator's satisfaction that the operation of the data center will comply with the County's Noise Ordinance. In addition, prior to issuance of a Nonresidential Use Permit, a post-construction noise study must be submitted demonstrating to the Zoning Administrator's satisfaction that the operation complies with the Noise Ordinance.
- Building Design. The amendment introduces new architectural requirements – including main entrance features, façade variations and other building design elements – to enhance the visual appeal of the data centers.
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