This amendment, which took effect on September 11, 2024, introduces new zoning regulations governing data centers in Fairfax County. The provisions address various community concerns, including size restrictions, mandatory noise studies, building design, environmental impacts, and proximity and buffering to residential areas.

The initial motion by Supervisor Kathy Smith to approve the amendments was based upon the recommendations contained in the staff report dated May 17, 2024, which can be found at this link, and included the following provisions:

• Data centers must be located at least one mile from a Metro station entrance. Lesser distances may be allowed with special exception approval.
• Data center buildings must be at least 200 feet from the lot line of a residential district or use. Lesser distances may be allowed with special exception approval.
• Ground equipment necessary to operate the facility, such as cooling, ventilating, or backup generators, must be 300 feet from the lot line of residential property or separated from the residential lot line by the data center building. Lesser distances may be allowed with special exception approval.
• In all districts where data centers are permitted, all equipment necessary for operating the facility must be fully enclosed or screened by a wall or similar barrier to reduce visual and noise impacts.
• Building size limits on by-right data centers are retained where they previously applied, and now the I-4 District has a size limit. Larger buildings will require special exception approval, except in the I-5 and I-6 Zoning Districts.
• Mandatory noise studies, including pre- and post-construction noise assessments, must be submitted to ensure compliance with the Noise Ordinance.
• Main entrance features, façade variations, and other architectural elements are now required to enhance the visual appeal of these industrial buildings.

The approval makes exceptions for rezonings, special exceptions, site plans, or building permits for data centers that were accepted or approved on or before July 16, 2024.

A follow-on motion, also by Supervisor Smith, directs staff to undertake further study and review on issues such as energy efficiency, water demand and quality, air quality, wastewater, and electrical substations.

This article was co-authored by Andrew Painter, Zach Fountain, and Kim Follin from the Land Use and Zoning practice group at Walsh, Colucci, Lubeley & Walsh.