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Sanford council adopts new data-center zoning rules after extended public hearing
Summary
After hours of testimony and debate, Sanford City Council adopted a text amendment to the Unified Development Ordinance adding 'data center' as a land use with supplemental standards (noise studies, minimum setbacks, utility will-serve letters) and voted 6–1 to approve the changes, effective immediately.
Sanford — The Sanford City Council voted 6–1 on April 21 to add "data center" to the city's Unified Development Ordinance and to adopt supplemental development standards that govern where and how the facilities may locate. The changes take effect immediately.
The ordinance creates a specific land-use category permitting data centers in Light Industrial (LI) and Heavy Industrial (HI) districts subject to new requirements: structures must be sited at least 500 feet from an existing residence, maintain a minimum 100-foot front setback, and meet a 75-foot maximum building height including rooftop equipment. Applicants must submit a third-party noise study performed by a licensed acoustical engineer, obtain "will-serve" letters from regional electric suppliers and the TriRiver public water/wastewater system, and connect to public water and sewer rather than wells or surface sources. Developers would also pay a flat $4,000 fee for independent technical review charged back to the applicant, and owners must remove hazardous materials if a facility is abandoned for 12 months.
Why it matters: Data centers can require substantial power and water and may produce continuous background noise; the new standards are intended to protect nearby residences and utilities while allowing local economic development officials to vet projects before approval.
City staff and the council described the approach as precautionary and adaptable. Community Development Director Marshall Downey said the UDO language was developed after months of research and outreach to neighboring communities. "We wanted standards that are more stringent than typical industrial standards because data centers raise specific issues like continuous low-frequency noise and large utility demands," Downey said.
During several hours of public comment, dozens of residents and environmental advocates urged stronger protections or a moratorium. Debbie Hall presented a petition with 1,217 signatures urging a pause on data-center approvals. Residents raised concerns about water consumption, potential impacts to downstream water quality, and the long-term effect of a steady mechanical "hum" on nearby neighborhoods.
Not all public speakers opposed the rule. Steven Warner, who said he retired after a 40-year career designing data centers, praised the draft standards as a reasonable starting point but warned that not all data centers are the same: "They can be built in an ecologically sound manner, but many consume a great deal of resources and require careful design," he said. Eddie Oldham, CEO and general manager of Central Electric Membership Corporation, told council that his utility evaluates large-load customers carefully and typically requires projects to fund necessary distribution or substation upgrades; he said the UDO safeguards align with the utility's planning process.
Council discussion focused on enforceability and penalties. Lee County asked for a lower daily penalty for zoning violations and proposed reducing a draft $10,000-per-day fine to the standard $100-per-day zoning penalty; City Attorney Susan Patterson explained limits on penalty structure under zoning law and noted the city may pursue injunctive relief for ongoing violations. "Designated penalties must be rationally related to the harm caused and reasonable in light of the circumstances," Patterson said.
The Planning Board recommended approval, including the Lee County revisions. On final vote, Council Member Christopher Petty cast the lone dissent; Mayor Rebecca Wyhof Salmon, Mayor Pro Tem Byron Buckels, and Council Members Mark Akinosho, Walter Ferguson II, Linda Rhodes, and Charles Taylor voted to approve.
What happens next: The UDO amendment is effective immediately. Staff told council that the standards can be revised over time and that every data-center proposal will be individually evaluated, with required technical reviews paid by applicants. The city will rely on TriRiver and regional electric suppliers to certify capacity via will-serve letters as part of project review.
Community reaction: Opponents who urged a moratorium said they will watch for implementation details and for how the city enforces noise and water-use provisions. Proponents of careful economic development said the standards provide a pathway to consider projects while protecting utilities and neighborhoods.
The council did not adopt any separate moratorium ordinance at the meeting.
