Fairfax County Board Adopts Data Center Zoning Changes

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On Sept. 10, 2024, the Fairfax County, Virginia Board of Supervisors approved a zoning ordinance amendment that creates new restrictions for data centers. The amended ordinance permits by-right data center development in certain districts. However, in practice, the amendment requires a special exception approved by the Board of Supervisors for almost all data centers within the county. The amendment also imposes new restrictions related to design, setbacks from residential uses, noise and environmental concerns.

Pending data center applications will continue to be reviewed and processed under the previously existing zoning ordinance regulations.

Additional background on the proposed amendments is available here. Previous updates on the topic are available here: June 2024May 2024, March 2024, January 2024, October 2023, July 2023 and May 2023.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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