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York County moves to tighten data center rules after heated public hearing; council refers measures to planning committee
Summary
County staff proposed making data centers a special-exception use in some industrial zones and imposing new standards on noise, setbacks, water and power; a lengthy public hearing focused on a large QTS project and led council to amend the draft (removing light-industrial allowance, restricting groundwater use, and requiring power/water capacity letters) and send it to the planning and zoning committee for further work.
York County planners presented a draft ordinance on March 16 to impose use-specific standards on data centers, and council voted on second reading to refer the measure to its planning and zoning committee after amendments.
Jonathan Bueno, the county planning presenter, told the council the draft would change the county's use table so data centers would require a special exception in light industrial and industrial development districts and be a conditional use in business-and-technology (B&T) districts. The draft also recommended higher buffers, tougher design standards, limits on reflective materials, rooftop sound screening, and measures to reduce water use for cooling.
Key proposed technical standards included: an acoustical noise study and rooftop screening to reduce low-frequency sound; ground equipment enclosure when practical; limits on generator use to testing and emergency backup; a maximum building height up to 80 feet only with increased setbacks; and adjacency protections including 200-foot setbacks for principal structures and 300-foot distances for ground equipment when next to residential property. Staff also advised that applicants show willingness/capability letters from water and sewer providers and discussed the practical limits of power assurances (power service typically falls under utilities and not county zoning authority).
The public hearing drew many speakers, with broad concerns about noise, continuous low-frequency "hum," potential water use and groundwater impacts, emergency generator emissions, wetland and floodplain impacts, and the placement of hyperscale infrastructure next to existing neighborhoods. Residents from Lake Wylie and Fort Mill urged measurable, enforceable standards: suggested nighttime noise limits below 45 dB, minimum undisturbed vegetation buffers (residents proposed 200 ft or more), decommissioning plans, and restrictions on groundwater use.
Dan Belaloo, attorney for QTS (the developer with the site under construction), defended the project and said the property had long been zoned for industrial development. He said QTS has committed to many protective design measures and warned that routing approvals through the Board of Zoning Appeals rather than allowing objective, staff-review or conditional-use pathways could politicize the process.
After more than three hours of testimony, council amended the draft to remove light industrial (LI) as an allowed district for the proposed special-exception route, to restrict groundwater use for cooling, and to require documentation (letters from water and power providers) demonstrating capacity to serve the proposed project. Council then referred the ordinance to its planning and zoning committee for further refinement before third reading; committee members were asked to evaluate additional measures including decommissioning plans, measurable noise and vibration limits, and enforceable water-use caps.
What's next: The ordinance will return to council after committee review for a final vote. Staff and committee reports should clarify whether proposed standards will be enforced via special-exception conditions, conditional-use review, or an alternate review path, and whether any of the measures will be applied retroactively (the council's action applies to future approvals).
